Can you help us continue the fight? Thank you.
—Peter Wagner, Executive DirectorDonate
Davidson v. City of Cranston documents
The District Court ruled the city's prison gerrymandering unconstitutional, reasoning that the city could not count incarcerated people in city council districts as if they were city residents while not treating them as constituents when it came time to represent them. But the First Circuit Court of Appeals reversed the decision, allowing the City to continue using the Census' unadjusted redistricting data despite the prison miscount.
Plaintiffs and Counsel
The plaintiffs were four Cranston voters who lived outside of Ward 6, and the ACLU of Rhode Island. The Prison Policy Initiative, ACLU Voting Rights Project, Dēmos, and Lynette Labinger of Roney & Labinger LLP were counsel to the plaintiffs.
Press releases, news coverage & editorials
- Statement in Response to Federal Appeals Court Decision In Cranston "Prison Gerrymandering" Case, September 21, 2016
- Prison Gerrymandering Is Unconstitutional, Federal Judge Rules by Cristian Farias, The Huffington Post May 24, 2016
- Cranston loses suit on prison gerrymandering by Karen Lee Ziner, The Providence Journal May 24, 2016
- Federal Court Rules that Prison-based Gerrymandering Violates the Constitution May 24, 2016
Judge lets inmate-voting suit proceed, Providence Journal, September 11, 2014- Significant Victory in Fight to End "Prison Gerrymandering": Cranston, RI Lawsuit Will Move Forward, September 8, 2014
Cranston, ACLU argue over counting inmates, by Katie Mulvaney, Providence Journal, April 24, 2014- ACLU sues Cranston over redistricting plan that counts ACI prisoners as residents of Ward 6 by Katie Mulvaney, Providence Journal, February 19, 2014
- Plan violates 'one person, one vote' principle of the U.S. Constitution, February 19, 2014
Judge lets inmate-voting suit proceed
Cranston, ACLU argue over counting inmatesLegal documents and related materials
United States District Court for the District of Rhode Island
- Complaint, February 19, 2014
- Motion to Dismiss
- Cranston's Motion to Dismiss, March 13, 2014
- Plaintiffs' Opposition to Motion to Dismiss, March 31, 2014
- Defendant's Reply in Support of their Motion to Dismiss, April 7, 2014
- Judge's Memorandum and Decision, September 8, 2014
- Motion for Summary Judgment
- Cranston's Motion for Summary Judgment, July 9, 2015
- Plaintiffs' Opposition and Cross Motion for Summary Judgment, August 6, 2015
- Defendant's Reply in Support of their Motion for Summary Judgment, August 31, 2015
- Decision, May 24, 2016
Appeal: United States Court of Appeals for the First Circuit
- Briefs
- Plaintiff's Brief, July 26, 2016
- City's Reply Brief, August 2, 2016
- Briefs of Amici Curiae, September 2, 2016:
- Panel Decision, September 21, 2016
Recommended Reading:
About the Prison Policy Initiative
Learn more about the organization behind the Prison Gerrymandering Project.
The Racial Geography of Mass Incarceration
The transfer of Black and Latino incarcerated people to communities very different than their own is a nationwide problem.
Are legislative maps hurting prison reforms?
Pam Adams explains how in her downstate Illinois column.
Do prisons draw in Census money for their host communities? No.
We explain that prison gerrymandering is bad for democracy but federal & state aid are not impacted.