Court Cases

The American Civil Liberties Union of Pennsylvania has filed a federal complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties over the treatment of a Mauritanian national, Mr. Niang, who is seeking political asylum in the United States.

The American Civil Liberties Union of Pennsylvania has filed a federal complaint with the Department of Homeland Security Office for Civil Rights and Civil Liberties over inhumane conditions at the Moshannon Valley Processing Center.

On June 13, 2024, the ACLU-PA filed a lawsuit against Governor Josh Shapiro and the leadership of the state General Assembly challenging the inadequate representation provided to indigent criminal defendants in Pennsylvania courts. As a result of decades of inadequate funding and oversight of its public defense system, indigent Pennsylvanians are at risk of being denied their constitutional right to effective assistance of counsel in their criminal cases. The lawsuit was brought by 17 indigent Pennsylvanians facing criminal prosecution without effective assistance of counsel at each stage of their criminal proceedings. They brought the lawsuit on behalf of a class of all indigent Pennsylvanians at similar risk of harm due to the Commonwealth’s systemic failure to fund and supervise indigent defense services. The lawsuit asks a Pennsylvania court to rule that the current state of public defense services in Pennsylvania violates the constitution, so that the governor and the General Assembly will protect our constitutional rights by adequately funding public defense in Pennsylvania.

On May 28, 2024, ACLU-PA filed a lawsuit challenging the constitutionality of the commonwealth’s requirement that voters who submit mail ballots include a handwritten date on the voter declaration on the outside of the return envelope.

On April 29, 2024, ACLU-PA, Public Interest Law Center, and the law firm Dechert LLP sued Butler County on behalf of two voters whose provisional ballots were rejected by the board of elections in the 2024 Pennsylvania primary election.

The ACLU of Pennsylvania has filed an amicus brief on behalf of a number of criminal legal reform and voting rights advocacy organizations in a lawsuit brought by Philadelphia District Attorney Larry Krasner that challenges Act 40. Act 40 is a state law that allows the Pennsylvania Attorney General to appoint a special prosecutor for any crime that occurs on Southeastern Pennsylvania Transportation Authority (SEPTA). If enforced, Act 40 would disenfranchise the Philadelphia voters who overwhelmingly elected and re-elected DA Krasner in landslide elections in 2017 and 2021. Act 40 would usurp the authority that those voters entrusted in DA Krasner. The amicus brief alleges a violation of DA Krasner’s rights to equal protection under the Pennsylvania Constitution and a violation of the rights of Philadelphia voters who would effectively have their vote nullified by Act 40. The amicus brief asks the court to declare Act 40 unconstitutional.

The ACLU of Pennsylvania has filed a lawsuit in the Court of Common Pleas in York, PA over the York County Board of Elections’ refusal to allow nonpartisan observers to witness the official canvass of the vote during the 2023 election cycle. The lawsuit alleges that York County’s refusal to admit public observers during its canvass procedure is a violation of the Pennsylvania Election Code, which mandates public access to the canvassing of election results. In November of 2023, a longtime York resident arrived at the county’s official canvass of election returns to observe the proceedings. An official from the county’s election office refused to allow the resident to enter the room where the official canvass meeting was taking place, incorrectly stating that the resident needed a “watcher’s certificate.” Watcher certificates are provided under Pennsylvania election law so that political parties and representatives can observe vote count canvasses. Residents unaffiliated with a party or a candidate do not need a watcher’s certificate to observe the computation of results from each district that occurs during an official canvass. ACLU-PA attorneys sent a letter to York County election officials raising concerns about their refusal to allow the volunteer to witness the canvass. The county responded that its actions were within the bounds of the law and that in refusing entry to the election canvass, it was hoping to prevent a "free for all" that "could be catastrophic." The lawsuit asks the court to mandate that York County follow the law by conducting a public canvass of election returns during the 2024 primary and general elections and to allow the plaintiff and other members of the public to observe the canvass.

The ACLU of Pennsylvania has filed a lawsuit against the Delaware County Office of Judicial Support’s due to the office's refusal to expunge a criminal record due to unpaid court costs, despite a court order requiring expungement.

The ACLU of Pennsylvania has filed an amended complaint against the Allegheny County Jail Oversight Board updating a previously filed lawsuit alleging multiple persistent violations of the Pennsylvania Sunshine Act. The lawsuit was originally filed by Rachel Radke, a community advocate who seeks a number of reforms at Allegheny County Jail. The latest filing adds another community advocate for criminal legal reform. The lawsuit alleges that the Allegheny County Jail Oversight Board failed to post public meeting agendas 24 hours in advance of the meeting; unreasonably restricted and ignored public comments; and used closed, executive session meetings to discuss topics that should have been part of public discourse.