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THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
CLEVE DUNN, Sr.,
)
)
REHABILITATION HOME
)
INCARCERATION,
)
)
EAST BATON ROUGE PARISH,
)
)
Defendants.
)
___________________________________ )
HENRY AYO, and KAIASHA WHITE
on behalf of themselves and all others
similarly situated,

I.
1.

Case No. ___
Complaint - Class Action
Jury Demand

PRELIMINARY STATEMENT

For years, Defendant Rehabilitation Home Incarceration (“RHI”), a private

organization purporting to provide pretrial supervision services, has profited off individuals in
East Baton Rouge Parish by requiring them to pay hundreds of dollars to RHI to be released
from jail—effectively holding them for ransom. This fee is the creation of RHI alone—it is not
ordered by any court. Those who cannot afford the fee languish in jail for days, weeks, or even
months as they and their loved ones scramble to pay off RHI.
2.

This scheme is arranged by Cleve Dunn, Sr. (“Dunn”), RHI’s Chief Executive

Officer, and officials with the East Baton Rouge Parish Prison (the “Prison”), who, at RHI’s
direction, refuse to release individuals ordered to RHI supervision until they pay the initial fee.
These officials do not inquire into an individual’s ability to pay RHI’s initial fee.

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3.

The practice occurs with the knowledge of Trudy White, a criminal court judge of

the Nineteenth Judicial District Court of Louisiana (the “JDC”), who sets bond for arrestees and
indiscriminately orders them to undergo supervision by RHI—often for indefinite periods of time
before their cases go to trial.
4.

After arrestees pay RHI’s initial fee and are released by the Prison, RHI continues

to exact money from them, charging a $225 monthly fee and additional fees for requirements
such as classes and ankle monitoring. RHI and Dunn wrongfully use the threat of arrest by East
Baton Parish Rouge law enforcement or RHI officials, as well as the threat of bond revocation by
the JDC and additional jailing at the Prison, to coerce payment.
5.

Plaintiffs Kaiasha White and Henry Ayo bring this class action pursuant to 42

U.S.C. § 1983, the Louisiana and federal Racketeering Influenced and Corrupt Organization Acts
(RICO), and other state causes of action against Defendants Dunn, RHI”, and East Baton Rouge
Parish (“the Parish”). Defendant Dunn regularly commits predicate acts under RICO–extorting
money from Plaintiffs and the proposed Class—by wrongfully detaining them in jail until they
pay RHI’s initial fee, then threatening them with additional jailing if they fail to satisfy RHI’s
continuing demands for money once released. Plaintiffs seek actual and treble damages to
compensate them and the proposed Class for the injuries they have sustained, and continue to
sustain, because of Defendant Dunn’s extortionate activities.
6.

Plaintiffs Ayo and White and the proposed Class also seek damages from East

Baton Rouge Parish and RHI for their policy and practice of detaining Plaintiffs and proposed
Class members in the Prison until they paid RHI’s initial fee, in violation of the Fourteenth
Amendment’s guarantees of due process and equal protection and their Fourth Amendment right
against unreasonable seizures.

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7.

Finally, Plaintiffs Ayo and White individually seek damages from RHI under the

Louisiana Unfair Trade Practices Act for RHI’s harmful and oppressive commercial practices,
and, on behalf of themselves and the proposed Class, seek damages from RHI for conversion and
unjust enrichment under state law.
II.
8.

JURISDICTION AND VENUE

This is a civil class action arising under 42 U.S.C. § 1983, 18 U.S.C. § 1964, the

United States Constitution, and Louisiana law.
9.

The Court has jurisdiction over Plaintiffs’ federal claims pursuant to 28 U.S.C. §

1331 (federal question jurisdiction). The Court has jurisdiction over Plaintiffs’ claims under
Louisiana law pursuant to 28 U.S.C. § 1367 (supplemental jurisdiction).
10.

Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of

the events or omissions giving rise to Plaintiffs’ claims occurred in this district.
III.

PARTIES

A. Plaintiffs
11.

Plaintiff Henry Ayo is a resident of East Baton Rouge Parish.

12.

Plaintiff Kaiasha White is a resident of East Baton Rouge Parish.

B. Defendants
13.

Defendant Cleve Dunn, Sr., is the Executive Director of Rehabilitation Home

Incarceration. He is a resident of East Baton Rouge Parish, Louisiana.
14.

Defendant Rehabilitation Home Incarceration (“RHI”) is a non-profit corporation

registered with the State of Louisiana, with its principal place of business in East Baton Rouge
Parish, Louisiana.

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15.

Defendant East Baton Rouge Parish is a parish organized under the laws of the

State of Louisiana.
IV.

FACTS

General Facts
A. The Nineteenth Judicial District Court
16.

The Nineteenth Judicial District Court (the “JDC”) has original jurisdiction over

all civil and criminal matters and original exclusive jurisdiction of state felony cases in East
Baton Rouge Parish, Louisiana. La. Const. art. V, § 16(A)(1)-(2). Louisiana district court
judges are elected and serve six-year terms. There are eight criminal court judges who hear
misdemeanor and felony cases in the JDC.
17.

The JDC and individual judges also make agreements with private companies to

provide certain court services such as pre-trial supervision.
18.

Judge White has served on the JDC since 2009 and was re-elected to the JDC in

2014. She presides over both civil matters and state misdemeanor and felony cases assigned to
Criminal Division J, Section 8, of the JDC.
B. RHI’s Judicial and Political Ties to Judge White
19.

RHI is among the private companies that offer pretrial supervision services for the

20.

According to its website, RHI, which is registered as a non-profit corporation in

JDC.

Louisiana,1 has supervised thousands of individuals in East Baton Rouge, Orleans, Ascension,
and Tangipahoa parishes since its inception in 1993.2

1

See La. Sec’y of State, “Search for La. Business Filings,” Rehabilitation Home Incarceration,
https://coraweb.sos.la.gov/CommercialSearch/CommercialSearchDetails.aspx?CharterID=60196
2_DF50A07E17.
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21.

RHI is owned and operated by the Dunn family, who live in Baton Rouge. Cleve

Dunn Sr., Evonne Dunn, and Tameka Dunn all serve as co-directors of RHI.
22.

RHI is the only approved vendor for pre-trial supervision on Judge White’s

website.3
23.

RHI does not have a formal written contract with the JDC. Its provision of

services to Judge White is based on an informal arrangement between RHI and Judge White.
24.

RHI officials and Judge White are political allies. RHI officials and employees

supported Judge White’s 2014 re-election campaign.
25.

Cleve Dunn Jr. served as Chairperson of Judge White’s Campaign Committee;

White’s campaign paid Cleve Dunn, Sr. for marketing; and RHI paid Frederick Hall, a former
RHI employee, and his wife, Gloria Hall, who owns and operates the bond company to which
RHI routinely refers putative supervisees, for campaign support activities.
C. Defendants’ Pretrial Supervision Scheme
26.

Individuals arrested for criminal offenses in East Baton Rouge Parish are initially

taken to the East Baton Rouge Parish Prison (the “Prison”).
27.

The following day, they appear via closed-circuit television between the Prison

and the JDC for a hearing to determine probable cause for detention and to set bond. The eight
criminal judges of the JDC take turns conducting this hearing, with each serving as the “duty
judge” for a given week.

2

Who We Are, REHAB. HOME INCARCERATION (2014), http://www.rhiweb.com/.
Judge Trudy M. White, “Approved Vendors,”
http://judgetrudywhite.com/page.php?name=vendors (last visited Mar. 31, 2017). Judge White
also assigns individuals a company called Street Crimes Alternatives for pretrial supervision.
However, this company is also run by Dunn.
3

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28.

Usually before the hearing, the judge on duty has already reviewed the affidavit of

probable cause and set a bond amount and release conditions for the defendant. At this hearing,
the duty judge may adjust an arrestee’s bond based on facts disclosed at the hearing.
29.

When Judge White is on duty, she typically asks an arrestee only about his

knowledge of the charges and informs him of the bond amount. She generally does not ask
questions beyond these topics. Nor does she allow arrestees to be heard on issues beyond these
topics. Although a public defender may be present to note the cases appointed to the public
defender office, no representation is provided at this initial hearing.
30.

Since Judge White’s re-election to the JDC in 2014, she has assigned arrestees to

supervision by RHI.

White does so without conducting in open court an individualized

determination of, or providing an opportunity for arrestees to be heard on, the need for, or the
conditions of, RHI supervision. Indeed, White appears to make assignments to RHI via the bond
form before arrestees appear before her, and she does not ask arrestees any questions before
assigning them to RHI, such as whether an arrestee can afford to pay bond or RHI’s initial or
monthly fees.
31.

Rather than conduct these inquiries, Judge White signs an order making RHI

supervision a condition of release on bond, without instruction about the terms of this
supervision. Plaintiff Ayo’s bond order, which includes the term of supervision by RHI while on
bond, is reproduced here:

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32.

Judge White usually sets the duration of RHI’s supervision at either ninety days,

irrespective of the supervisee’s next court date, or for an indefinite period of time.
33.

As shown in Ayo’s bond order, however, Judge White otherwise does not provide

specific supervision terms for RHI to enforce. For instance, Judge White does not order a curfew
or impose house arrest on those assigned to RHI, though those are listed as “special conditions”
that she could check to apply in her standard order.
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34.

Nor does Judge White order payment of the initial fee or monthly fee as a

condition of release from the Prison. Instead, RHI sets this payment as a condition of release.
35.

East Baton Rouge Parish has authority over, and responsibility for, operating the

Prison, and Sheriff Gautreaux III and Warden Grimes have final policymaking authority for the
East Baton Rouge Parish’s operation of the Prison.
36.

Through an agreement with RHI, Sheriff Gautreaux III and Warden Grimes, as

final policymakers for East Baton Rouge Parish with respect to jailing and releasing arrestees at
the Prison, created and enforce a policy that the Prison will not release arrestees from the Prison
until it receives permission from RHI—permission that comes only after RHI is satisfied with the
initial payment made.
37.

RHI demands an initial fee of $525.

38.

Arrestees typically only learn they must pay this initial fee to be released when

they or their family members attempt to post bail or when they first meet with RHI at the Prison.
39.

Arrestees who cannot immediately pay the initial RHI fee may wait in jail for

days or weeks until they can pay all or some portion of the initial fee.
40.

At the time of release, the arrestee’s next court date typically has not been

scheduled, and the arrestee has not been arraigned.
arraigned during the RHI supervision term.

In some cases, the supervisee is not

Thus, supervision sometimes ends before the

arrestee ever re-appears before Judge White for his or her next hearing.
41.

Upon release, RHI requires the arrestee—now a “supervisee”—to sign a contract

setting forth RHI’s future fees and conditions of supervision. A copy of a redacted, standard
contract is reproduced here:

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42.

According to the terms of RHI’s standard contract, RHI supervisees must pay a

$225 monthly fee to their assigned RHI officer, or “Monitor,” during their supervision term.
43.

The standard contract also sets a curfew for supervisees, restricting supervisees

from spending the night anywhere other than at their reported residential address.

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44.

Despite collecting significant fees for its supervision, RHI does not require

supervisees to make other substantive reports to their RHI Monitor other than their compliance
with curfew. Nor does it typically require supervisees to meet their Monitor in person unless it is
to make payment of their supervision fees. Rather, supervisees must only call their RHI Monitor
by telephone multiple times a day and leave a voicemail message if the Monitor does not answer.
45.

At RHI’s discretion, a Monitor may require a supervisee to wear an electronic

monitoring device at all times for additional fees.
46.

Additionally, RHI may require supervisees to attend and pay additional fees for

classes taught by RHI employees. RHI also imposes a number of other conditions, including
prohibiting supervisees from consuming any alcohol, restricting their movement to within East
Baton Rouge Parish, requiring them to complete a “mental evaluation” through a certified
physician, or mandating 50 hours of community service.
47.

RHI’s standard contract with supervisees explicitly states that it will report any

violation of these conditions to the JDC, which may result in the supervisee’s arrest by “East
Baton Rouge City Police” or by an RHI official.
48.

RHI Monitors and Dunn himself threaten supervisees with re-arrest if they fail to

make financial payments or comply with RHI’s costly supervision conditions—without
affirmatively inquiring into their ability to pay. Accordingly, supervisees pay (or attempt to pay)
the fee out of fear of re-arrest and bond revocation by scraping together money from friends or
family.
49.

The policies and practices of RHI, including the standard contract and the fees

required, were implemented by Defendant Dunn and enforced by his employees at his direction.
D. Plaintiffs’ Experience with Defendants’ Pretrial Scheme

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a. Plaintiff Henry Ayo
50.

Plaintiff Henry Ayo appeared before Judge White on August 8, 2016, via closed

circuit television from the Prison after he was arrested on suspicion of attempting to steal an air
conditioning unit from a vacant property.
51.

Judge White set his bond at $8,000, informed him of the charges, and assigned

him to RHI supervision. White informed him that someone from RHI would visit him at the
Prison to explain the process.
52.

Judge White did not ask Mr. Ayo any questions about himself, his charges, or his

case; she did not set or otherwise explain any terms of the RHI supervision; and she did not
allow Mr. Ayo to ask any questions concerning the supervision.
53.

A few days later, a RHI employee Frederick Hall came to the Prison and brought

documents for Mr. Ayo to sign. Mr. Hall told Mr. Ayo that he would have to wear an ankle
monitor and pay for it before he could be released. Mr. Hall said that once he was released, Mr.
Ayo would have to call his RHI monitor every day in the morning and at night to ensure he was
complying with his curfew, and that he would also have to pay a monthly fee to RHI. Mr. Hall
explained
54.

that Mr. Ayo would be under house arrest, but he could leave for approved events

like work and church.
55.

Mr. Ayo stayed in jail another two months because he and his wife could not

afford the bond amount and to pay RHI. Mr. Ayo was not working at the time and relied on his
wife’s earnings.
56.

When Mr. Ayo and his wife, finally saved up enough money, the bail

bondsperson came to their house, took the money for the bail fee, and agreed to post bail. The

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bondsperson told Mr. Ayo’s wife that she needed to call RHI but that the bondsperson did not
know why.
57.

Mr. Ayo’s wife called RHI and spoke to Mr. Hall. Mr. Hall informed her that she

still had to pay approximately $500 to RHI for Mr. Ayo to be released from the Prison and would
have to continue paying each month. Mr. Hall then came to her house to collect this initial fee.
Ms. Ayo told Mr. Hall she could not pay the full amount at that time. Mr. Hall allowed her to
pay $225 initially, and to pay the rest later. She asked Mr. Hall how much they would have to
pay in total, and Mr. Hall told her it would likely add up to $1000.
58.

RHI then notified Prison officials that they could release Mr. Ayo from jail, and

the Prison released Mr. Ayo.
59.

Later, an RHI monitor came to Mr. Ayo’s home for him to sign additional

documents. The Monitor required Mr. Ayo to sign a contract, which provided that, if Mr. Ayo
violated the agreement, including nonpayment of the $225 monthly fee, he could be arrested by
an RHI official or East Baton Rouge law enforcement.
60.

The Monitor told Mr. Ayo that in addition to reporting to her, he would have to

take a decision-making class with an additional fee. However, Mr. Ayo never paid or went to
this class.
61.

While on RHI supervision, Mr. Ayo, who was not stably employed at the time,

would pay as much money as he could to cover RHI’s fees—typically sending $50 or $100
money orders in the mail. Despite their attempts to keep up with the payments, RHI charged
them late fees. Mr. Ayo and his wife, who helped with the payments and was working two jobs,
had to put off paying for utilities such as water and electricity to pay RHI.

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62.

Mr. Ayo was never given an ankle monitor, though the RHI representative had

told him his fees were in part to pay for the ankle monitor.
63.

Mr. Ayo paid until his case concluded on February 27, 2017.

64.

After the case closed, RHI still called Mr. Ayo to demand that he pay $200 that it

claimed he owed RHI. Altogether Mr. and Mrs. Ayo have paid approximately $1,000 to RHI.
b. Plaintiff Kaiasha White
65.

Plaintiff Kaisha White appeared before Judge White on August 8, 2016, after her

arrest on charges of simple and aggravated battery concerning an argument with her partner.
66.

Judge White set her bond at $4,000 and informed her that she would also have to

report to RHI.
67.

Judge White did not ask Ms. White any questions about herself, her charges, or

her case; did not set any terms of the RHI supervision; and did not allow Ms. White to ask any
questions about the supervision.
68.

Ms. White did not have money to pay RHI, as she was unemployed at the time

and relied on her partner and family members to pay her living expenses. Thus, she was
detained in the Prison for another month until her mother received a social security check.
69.

On or about September 1, 2016, Ms. White’s mother gave a bail bondswoman

$500. The bondswoman told Ms. White that the bondswoman and RHI would split the payment,
and that a portion would go towards RHI’s initial fee.
70.

The next day, RHI employee Hall went to the Prison and met with Ms. White. He

informed her that she would have to pay the remainder of the initial fee and monthly supervision
fee after she was released. He then had her sign RHI’s contract, which provided that Ms. White

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could be arrested by an RHI official or East Baton Rouge law enforcement if she violated its
terms. Later that day, Ms. White was released from the Prison.
71.

During Ms. White’s detention in the Prison for her inability to pay RHI’s initial

fee, a severe flood hit Baton Rouge in mid-August, damaging her home and her and her son’s
belongings. Because she was being held in the Prison, she could not check on her home or
attempt to salvage her possessions for several weeks.
72.

Following Ms. White’s release from the Prison, Ms. White’s mother paid an

additional $250 towards the initial fee. Ms. White later met with Frederick Hall at her house.
Mr. Hall told her that she would have to wear an ankle monitor and that he would call her each
night to make sure she obeyed curfew.
73.

In the following months, Ms. White called Mr. Hall on occasion to let him know

she was trying to save up money to pay her monthly fee. She repeatedly asked him how long she
would be on RHI supervision, but he did give her a definite time; her bond order also did not
indicate how many days she would be on supervision. Mr. Hall also did not provide Ms. White
with an ankle monitor.
74.

As time passed and she still was not able to pay RHI’s monthly fees, Mr. Hall

accused her of falsely claiming that she was trying to pay. Ms. White became afraid that RHI
would have her arrested..
75.

During this time, Ms. White lacked a stable place to live and had to stay with

family and friends because her home was still flood damaged.
76.

On or about late December or early January, Ms. White told Mr. Hall that she

could pay RHI $300.

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77.

Because Ms. White was worried that if she saw Mr. Hall in person, he would have

her arrested, she had her son meet Mr. Hall to deliver the payment.
78.

Sometime after she made this payment, another RHI representative also called

Ms. White to inform her she had failed to pay for and attend a $55-per-month class. However,
Mr. Hall never told Ms. White she was required to attend this class. The RHI representative told
her that if she did not comply, RHI would have her arrested during the next police “round up.”
79.

Ms. White called Mr. Hall to ask why she was being required to take and pay for

the class, but no one answered at his phone number. She subsequently received a letter from RHI
stating that Mr. Hall had left RHI.
80.

Ms. White did not hear from Mr. Hall again. However, she began receiving letters

from RHI claiming that she owed roughly $800. Ms. White lacks the money to pay this amount.
She still does not know for how long she was under RHI supervision or whether it has actually
ended.
Facts Common to All RICO Counts
81.

Plaintiff White is a “person” entitled to bring a private cause of action under 18

U.S.C. § 1964(c) and La. Stat. Ann. § 15:1356(E).
82.

Plaintiff Ayo is a “person” entitled to bring a private cause of action under 18

U.S.C. § 1964(c) and La. Stat. Ann. § 15:1356(E).
83.

RHI is a corporate enterprise that regularly engages in interstate commerce.

RHI’s engagement in interstate commerce includes, but is not limited to, using
telecommunications and electronic monitoring technology to track supervisees across state lines,
purchasing and employing electronic monitoring devices that are produced and sold outside the

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state of Louisiana, accepting payment of fees by credit card, and maintaining a website available
to users in interstate commerce.
84.

Defendant Dunn is an individual and thus a “person” within the meaning of 18

U.S.C. § 1961(3).
85.

Defendant Dunn has conducted the affairs of RHI through a pattern of

racketeering to achieve the common purpose of unlawfully extorting money from Plaintiffs Ayo
and White and the proposed Class. These racketeering acts are an integral part of RHI’s regular
course of business.
86.

As described above, on numerous occasions over an unknown period of time

Defendant Dunn has committed related, predicate acts of extortion by threatening to keep, and—
through East Baton Rouge officials Gautreaux III and Grimes—arranging with the Prison to keep
Plaintiffs and the proposed Class in jail until they have paid RHI’s required initial fee, and
instructing his employees to do the same. Thereafter, Defendant Dunn, directly and through the
actions of his Monitors and other employees, continues this unlawful use of fear to threaten
Plaintiffs and the proposed Class with further jail time or court sanctions if they fail to pay RHI’s
monthly and programmatic fees.
87.

Pursuant to and in furtherance of this unlawful scheme, Defendant Dunn has

committed multiple, related predicate acts of extortion by refusing to authorize the release of
Plaintiffs and the proposed Class from the Prison until they paid money towards the RHI
initiation fee. Additionally, by unlawfully using the fear of arrest and jail by East Baton Rouge
law enforcement or RHI officials, Dunn on numerous occasions extorted from Plaintiffs and the
proposed Class a monthly supervision fee, along with fees for classes or other requirements
imposed at the discretion of RHI employees.

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88.

Defendant Dunn’s use of RHI to extort money from arrestees assigned by Judge

White constitutes a pattern of racketeering activity.
89.

These actions are a regular way of conducting the ongoing business of RHI.

90.

As a direct and proximate result of Defendant Dunn’s racketeering activities,

Plaintiffs and the proposed Class have been injured in their property in that they have paid and
continue to pay RHI’s fees due to the fear induced by Dunn and RHI employees’ wrongful use
and threats of arrest and jailing.
V.
91.

CLASS ACTION ALLEGATIONS

Plaintiffs White and Ayo propose a class seeking damages as to the First, Second,

Third, Fourth, Sixth, and Seventh Claims for Relief, pursuant to Fed. R. Civ. P. 23(a) and (b)(3).
The Class is defined as: All individuals whom Judge White ordered to pretrial supervision by
Defendant RHI who were subsequently supervised by RHI.
92.

A class action is a superior means, and the only practicable means, by which the

named Plaintiffs and putative Class members can challenge Defendants’ extortionate
racketeering scheme and unlawful use and threat of wealth-based detention to extort fees from
Plaintiffs and the Class.
93.

Class-action status under Rule 23(b)(3) is appropriate because questions of law or

fact common to proposed Class members predominate over any questions affecting only
individual members, and a class action is superior to other available methods for fairly and
efficiently adjudicating the controversy.
94.

Furthermore, as detailed below, this action satisfies the numerosity, commonality,

typicality, and adequacy requirements of Rule 23(a).
A. Requirements of Rule 23(a)

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Rule 23(a)(1) - Impracticability of Joinder Due to Numerosity
95.

The precise size of the proposed Class is unknown by Plaintiffs, but it is

substantial given the number of arrestees Judge White has assigned to RHI supervision in recent
years.
96.

Court records indicate that over three hundred people were ordered to RHI

supervision by Judge White in 2015 and 2016.
97.

Many of the proposed Class members are low-income individuals who will be

difficult to identify and likely lack financial resources to bring an independent action or to be
joined in this action. Joinder of every member of the proposed Class would be impracticable.
Rule 23(a)(2) - Commonality
98.

The relief sought is common to all members of the Class, and common questions

of law and fact exist as to all members of the proposed Class. The named Plaintiffs seek
monetary relief from Defendants’ extortionate and unconstitutional pretrial supervision practices,
which violate the state and federally-protected rights of the Class members.
99.

Among the most important common questions of fact for the proposed Class are:
a. Whether RHI, independent of Judge White, sets terms for an arrestee’s release
and the fees for its supervision services;
b. Whether Dunn, RHI, and the Parish have made an agreement that individuals
Judge White assigns to RHI may not be released from the Prison until they have
paid RHI’s initial fee, and RHI notifies the Prison of such payment;
c. Whether RHI and the Parish enforce this agreement against the proposed Class
without determining whether proposed Class members can afford to pay RHI’s
initial fee;

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d. Whether the Parish has a policy, practice, or custom of detaining arrestees until
obtaining RHI’s permission to release them;
e. Whether RHI’s standard contract provides for an initial fee and monthly fees;
f. Whether RHI’s standard contract provides for arrest and jailing for failure to pay
its fees;
g. Whether Dunn directs RHI employees to threaten to arrest and jail Proposed Class
members who do not pay the monthly supervisory fees and other mandated fees to
RHI;
100.

Among the most important common questions of law for the proposed Class are:

a. Whether Defendant Dunn’s operation of RHI through a pattern of racketeering
activity, specifically, extorting money from Plaintiffs and the Proposed Class by
unlawfully detaining them in the Prison until they pay RHI’s initial fee, then
threatening them with additional jailing if they fail to pay RHI monthly fees once
released, violates the Louisiana and federal RICO Acts;
b. Whether East Baton Rouge Parish and RHI’s practice of detaining Plaintiffs Ayo
and White and members of the proposed Class in the Prison because they could
not pay RHI’s initial fee violates Plaintiffs and proposed Class members’ rights
under the Fourteenth Amendment to due process and equal protection;
c. Whether East Baton Rouge Parish’s and RHI’s detention of Plaintiffs and the
proposed Class members after they posted bonds constituted an unreasonable
seizure in violation of the Fourth Amendment; and
d. Whether RHI lacks any legal authority or right to collect fees from Plaintiffs and
the proposed Class members.

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Rule 23(a)(3) - Typicality
101.

The named Plaintiffs’ claims are typical of the claims of the other members of the

proposed Class, and they have the same interests in this case as all other proposed Class
members that they represent. Each of them suffers injuries from Defendants’ failure to comply
with state and federal law: they were each confined in jail for nonpayment of RHI’s initial fee,
without inquiry into their ability to pay, and then threatened with additional jailing if they did not
pay RHI’s subsequent fees and costs. The answer to whether Defendants’ scheme is unlawful
will determine the claims of the named Plaintiff and every other proposed Class member.
102.

If the named Plaintiffs succeed in the claim that Defendants’ policies and

practices violate their federal and state rights, that ruling will likewise benefit every other
member of the proposed Class.
Rule 23(a)(4) - Adequacy
103.

Plaintiffs will fairly and adequately represent the interests of the proposed Class

they seek to represent.
104.

Plaintiffs have no interests separate from, or in conflict with, those of the

proposed Class they seek to represent as a whole, and they seek damages, which Plaintiffs pursue
on behalf of the entire proposed Class that they seek to represent.
C. The Requirements of Rule 23(b)(3)
105.

Class certification of the proposed Class is appropriate because common

questions of law and fact, including those listed above, predominate over any questions affecting
only individual members, and a class action is superior to other available methods for fairly and
efficiently adjudicating the controversy.

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106.

The proposed Class seeks damages against Defendant Dunn, East Baton Rouge

Parish, and RHI for jailing the proposed Class until its members were able to pay RHI’s initial
fee, engaging in a pretrial supervision scheme that allowed RHI, under Dunn’s direction, to
extort additional fees and costs from the proposed Class by wrongfully threatening future jail
time and court sanctions for nonpayment.
D. The Requirements of Rule 23(g)
107.

Plaintiffs are represented by attorneys from the American Civil Liberties Union,

the American Civil Liberties Union Foundation of Louisiana, and the Southern Poverty Law
Center who have experience litigating complex civil rights matters in federal court and extensive
knowledge of both the details of Defendants’ practices and the relevant constitutional and
statutory law. Counsel has the resources, expertise, and experience to prosecute this action.
VI.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF
Federal Racketeering Influenced and Corrupt Organization Act
(18 U.S.C. § 1962(c))
Plaintiffs Ayo and White the Proposed Class against Cleve Dunn, Sr.
108.

Plaintiffs incorporate and adopt Paragraphs 1 through 107 of this Complaint.

109.

Rehabilitation Home Incarceration (“RHI”) is an enterprise engaged in and whose

activities affect interstate commerce. Defendant Cleve Dunn, Sr., is RHI’s Executive Director.
110.

In violation of 18 U.S.C. § 1962(c), Defendant Dunn conducts RHI’s affairs

through a pattern of racketeering activity to illegally extort money from Plaintiffs Ayo and White
and proposed Class Members. Specifically, Dunn has made an agreement with Judge Trudy
White for RHI to be Judge White’s approved vendor for pretrial court supervision. Dunn then

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imposes conditions of supervision for arrestees assigned to RHI, including imposing fees for
release and monthly supervision, and uses threats of incarceration for supervisees who do not
comply with RHI’s conditions or pay the required fees.
111.

Dunn has made a separate agreement with Prison officials that prohibits the

release of pretrial arrestees assigned to RHI unless the arrestees pay RHI’s initial fee and RHI
sends confirmation to the Prison that the arrestee has paid said fee.
112.

Pursuant to and in furtherance of this unlawful scheme, Defendant Dunn has

committed multiple, related predicate acts of extortion by refusing to authorize the release of
Plaintiffs Ayo and White and the proposed Class from the East Baton Rouge Parish Jail until
they paid the initial fee to RHI. By unlawfully using the fear of arrest by East Baton Rouge law
enforcement or RHI officials to coerce payment, Dunn additionally extorted from Plaintiffs Ayo
and White and the proposed Class on numerous occasions a monthly monitoring fee of $225,
along with other fees for classes required at the discretion of RHI employees.
113.

Defendant Dunn’s use of RHI to extort money from arrestees assigned by Judge

White constitutes a pattern of racketeering activity.
114.

As a direct and proximate result of Defendant Dunn’s racketeering activities and

his violations of 18 U.S.C. § 1962(c), Plaintiffs Ayo and White and the proposed Class have
been injured in their property because they have paid and continue to pay RHI’s fees from the
fear induced by Dunn and RHI’s wrongful threats of arrest and jailing.
SECOND CLAIM FOR RELIEF
Louisiana Racketeering Influence and Corrupt Organization Act
(LA. STAT. ANN. § 15:1353(C))
Plaintiff Ayo and White and the Proposed Class against Cleve Dunn, Sr.

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115.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 107 of this

Complaint.
116.

RHI is an enterprise that conducts business in the state of Louisiana. Defendant

Cleve Dunn, Sr., is RHI’s Executive Director.
117.

In violation of LA. STAT. ANN. § 15:1353(C), Defendant Dunn conducts RHI’s

affairs through a pattern of racketeering activity to illegally extort money from Plaintiffs Ayo
and White and proposed Class Members. Specifically, Dunn has made an agreement with Judge
Trudy White for RHI to be White’s approved vendor for pretrial court supervision. Dunn then
imposes conditions of supervision for arrestees assigned to RHI, including imposing fees for
release and monthly supervision, and uses threats of incarceration for supervisees who do not
comply with RHI’s conditions or pay the required fees.
118.

Dunn has made a separate agreement with Prison officials that prohibits the

release of pretrial arrestees assigned to RHI unless the arrestees pay RHI’s initial fee and RHI
sends confirmation to the Prison that the arrestee has paid said fee.
119.

Pursuant to and in furtherance of this unlawful scheme, Defendant Dunn has

committed multiple, related predicate acts of extortion by refusing to authorize the release of
Plaintiffs Ayo and White and the proposed Class from the East Baton Rouge Parish Jail until
they secured and paid the initial fee to RHI. By unlawfully using the fear of arrest by East Baton
Rouge law enforcement or RHI officials to coerce payment Dunn additionally extorted from
Plaintiffs Ayo and White and the proposed Class on numerous occasions a monthly monitoring
fee of $225 on behalf of RHI, along with other fees for classes or other services required at the
discretion of RHI employees.

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120.

Defendant Dunn’s use of RHI to extort money from arrestees assigned by Judge

White constitutes a pattern of racketeering activity under Louisiana law.
121.

As a direct and proximate result of Defendant Dunn’s racketeering activities and

violations of LA. STAT. ANN. § 15:1353(C), Plaintiffs Ayo and White and the proposed Class
have been injured in their property in that they have paid and continue to pay RHI’s fees from
the fear induced by Dunn and RHI’s wrongful threats of arrest and jailing.
THIRD CLAIM FOR RELIEF
Fourteenth Amendment to the Federal Constitution
(Due Process and Equal Protection)
Plaintiffs Ayo and White and the proposed Class against East Baton Rouge Parish and RHI
122.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 80 and 91 through

107 of this Complaint.
123.

The Fourteenth Amendment’s guarantees of due process and equal protection

prohibit jailing a person solely because of her inability to access money and make a monetary
payment.
124.

Plaintiffs Ayo and White and the proposed Class have a fundamental interest in

pretrial liberty under state and federal law.
125.

Defendant East Baton Rouge Parish’s practice and policy—enforced through its

final policy makers Gautreaux III and Grimes—to jail Plaintiffs and members of the Proposed
Class until they could pay RHI the initial fee, without an affirmative inquiry into or findings
concerning ability to pay, and without consideration of and findings concerning alternative
conditions of release, violated Plaintiffs’ and the proposed Class’s fundamental rights under the

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Fourteenth Amendment by detaining arrestees until they could pay the initial RHI fee and be
released from the Prison.
126.

Defendant RHI also violated Plaintiffs’ and the proposed Class’s fundamental

rights under the Fourteenth Amendment by detaining arrestees until they could pay the initial
RHI fee and be released from the Prison, without an affirmative inquiry into or findings
concerning ability to pay, and without consideration of and findings concerning alternative
conditions of release.
FOURTH CLAIM FOR RELIEF
Fourth Amendment to the Federal Constitution
Plaintiffs Ayo and White and the proposed Class against East Baton Rouge Parish and RHI
127.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 80 and 91 through

107 of this Complaint.
128.

The Fourth Amendment prohibits unreasonable searches and seizures—including

the detention of individuals beyond expiration of a valid order of confinement, without probable
cause.
129.

Defendant East Baton Rouge Parish’s practice and policy—enforced through its

final policy makers Gautreaux III and Grimes—and Defendant RHI’s practice to continue to
detain Plaintiffs and the proposed Class members, until they paid the initial RHI fee, without
probable cause, and thus beyond the time Plaintiffs and the proposed Class members should have
obtained pretrial release after posting bond, , violated Plaintiffs proposed Class members’ Fourth
Amendment rights .
FIFTH CLAIM FOR RELIEF
Louisiana Unfair Trade Practices Act

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(La. Stat. Ann. § 51:1405)
Plaintiffs Ayo and White against RHI
130.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 80 of this Complaint

131.

The Louisiana Unfair Trade Practices Act (“LUTPA”) bars “[u]nfair methods of

competition and unfair or deceptive acts or practices in the conduct of any trade or commerce,”
La. Stat. Ann. § 51:1405, and authorizes recovery for any person who suffers an “ascertainable
loss” as a result of this misconduct, whether of money or property, La. Stat. Ann. § 51:1409(A).
132.

Defendant RHI has violated LUTPA by entering an agreement whereby White

assigns pretrial arrestees to RHI without a meaningful hearing as to whether RHI supervision is
appropriate, and without allowing any other pretrial supervision agency to provide whatever
supervisory conditions may be appropriate.
133.

Defendant RHI further violates LUTPA by imposing conditions of release and

determining its supervision fees without any lawful authority, thereby allowing RHI to charge
supervisees exorbitant rates without any market competition. RHI then collects these fees by
jailing or threatening to jail those under its supervision.
134.

RHI’s practices offend public policy and are unethical, oppressive, unscrupulous,

and substantially injurious. They have directly and proximately caused Plaintiffs significant
losses in both their money and property.
SIXTH CLAIM FOR RELIEF
Conversion
Plaintiffs Ayo and White and the proposed Class against RHI
135.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 80 and 91 through

107 of this Complaint.

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136.

Louisiana law protects against the intentional wrongful exercise or assumption of

authority over another’s goods, depriving her of permanent or indefinite possession.
137.

Through the scheme described above, RHI has engaged in the tort of conversion

by charging and collecting fees that are not authorized by statute or by order of the JDC.
138.

RHI has also prevented Plaintiffs’ and proposed Class members’ release from jail

until arrestees pay the initial fee, and RHI used the threat of future jailing to coerce payment of
further fees.
139.

Thus, Plaintiffs and proposed Class members are forced to agree to pay, and do

pay, these fees under threats of arrest, jail, bond revocation, and duress.
140.

As a result, RHI lacks any legal authority or right to collect and retain Plaintiffs’

and the proposed Class members’ initial and monthly fees. RHI thus has intentionally and
wrongfully deprived Plaintiffs and proposed Class members of their monetary property.
141.

RHI’s practices have directly harmed Plaintiffs and proposed Class members in

their loss of property.
SEVENTH CLAIM FOR RELIEF
Unjust Enrichment
Plaintiffs Ayo and White and the proposed Class against RHI
142.

Plaintiffs incorporate and adopt herein Paragraphs 1 through 80 and 91 through

107 of this Complaint.
143.

Article 2298 of the Louisiana Civil Code provides that “[a] person who has been

enriched at the expense of another is bound to compensate that person.”

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144.

Through the scheme describe above, RHI has unjustly enriched itself at Plaintiffs’

and proposed Class members’ expense by requiring exorbitant and unnecessary fees that are
collected under threat and that are not authorized by law.
VII.

REQUESTED RELIEF

WHEREFORE, Plaintiffs requests the following relief:
145.

That the Court assume jurisdiction over this action;

146.

Certification of the Class under Fed. R. Civ. P. 23(a) and (b)(3);

147.

Award treble damages to each Plaintiff and Class member and against Defendant

Dunn for his violations of the federal Racketeering Influenced and Corrupt Organization statutes
(Count I);
148.

Award the greater of treble damages or $10,000 to each Plaintiff and Class

member and against Defendant Dunn for his violations of the Louisiana Racketeering Influenced
and Corrupt Organization statutes (Count II);
149.

Award damages to Plaintiffs and Class members and against Defendants East

Baton Rouge Parish and RHI for these Defendants’ jailing of Plaintiffs and Class members
because of nonpayment of RHI’s initial fee without properly considering Plaintiffs’ ability to
pay, in violation of Plaintiffs’ and Class members’ Fourteenth Amendment right to Equal
Protection and Due Process (Count III);
150.

Award damages to Plaintiffs and Class members and against Defendants East

Baton Rouge Parish and RHI for their jailing of Plaintiffs and Class members for unlawfully
prolonging Plaintiffs’ and Class members’ detention at the Prison after posted bond, in violation
of Plaintiffs’ and class members’ right to be free from unreasonable seizures under the Fourth
Amendment (Count IV);

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151.

Award damages to Plaintiffs and against Defendant RHI for RHI’s violations of

the LUTPA (Counts V);
152.

Award damages to Plaintiffs and proposed Class members and against Defendant

RHI for RHI’s conversion and unjust enrichment (Counts VI and VII);
153.

Award prevailing party costs, including attorney fees;

154.

Grant other relief as the Court deems just and appropriate.

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