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Arkansans sued the state's parole board and corrections department over denial of counsel and hearings

On February 2, 2026, incarcerated Arkansans represented by the MacArthur Justice Center, ACLU of Arkansas, and Latham & Watkins filed a federal class-action lawsuit against the Arkansas Post-Prison Transfer Board and the Department of Corrections, alleging systemic denial of counsel, coerced hearing waivers, and blocked presentation of evidence at parole revocation proceedings. The suit says thousands of people have been returned to prison through the challenged practices.

Jurisdiction
Arkansas
Location
Little Rock, Arkansas

Abuses documented

Actors

  • Arkansas Post-Prison Transfer Board
  • Arkansas Department of Corrections

On February 2, 2026, a group of incarcerated Arkansans filed a federal class-action lawsuit in Little Rock against the Arkansas Post-Prison Transfer Board (PPTB) and the Arkansas Department of Corrections (ADC), represented by the MacArthur Justice Center, the ACLU of Arkansas, and Latham & Watkins. The suit alleges the state's parole revocation proceedings routinely fail to provide eligible parolees with legal counsel, coerce or pressure them into waiving their hearings, deny them the ability to present evidence or witnesses, and fail to provide adequate accommodations for parolees with disabilities.

The named plaintiffs — Calvin Davis, Todd Fason, NeDraya McGowan, and Robby Riedel — were each facing parole revocation over new criminal charges or technical violations without having been given timely or accurate information about their due-process rights. "Parole has become one of Arkansas's most powerful and least examined drivers of mass incarceration, quietly returning thousands of people to prison through arbitrary and often opaque revocation processes," said Olivia Fritz, an attorney with the MacArthur Justice Center's National Parole Transformation Project. "People are denied lawyers, pressured to waive their rights, and blocked from presenting evidence in their own defense," said John C. Williams, legal director of the ACLU of Arkansas. Attorney General Tim Griffin's office said it would "vigorously defend the State."

Updates

2026-02-27 — Judge granted preliminary injunction and certified statewide class [3, 4]

U.S. District Judge Kristine Baker granted the plaintiffs a preliminary injunction and certified the case as a class action covering parolees statewide, finding the record showed plaintiffs and class members would suffer irreparable harm to their due-process rights without relief. The order requires Arkansas to hold preliminary hearings before final revocation hearings, give parolees written notice of alleged violations, inform them of their right to request appointed counsel and screen them for eligibility, and inquire into disability accommodations. Attorney General Tim Griffin's office said it planned to appeal.

Why we recorded this

Due process requires a meaningful hearing before the state can revoke someone's liberty, and the Supreme Court has held that parolees facing revocation are entitled to counsel in certain circumstances, the chance to be heard, and the ability to present evidence. A federal lawsuit alleges Arkansas's parole board routinely denies eligible parolees counsel, pressures them to waive their revocation hearings, and blocks them from presenting evidence, sending thousands of people back to prison through what the suit calls arbitrary and opaque proceedings. A federal judge later found the plaintiffs and class members would suffer irreparable due-process harm without an injunction, ordering the state to change the practices.

Sources

  1. Arkansans File Lawsuit Against Post-Prison Transfer Board and Department of Corrections for Unconstitutional Parole Revocation Proceedings — MacArthur Justice Center primary accessed August 12, 2026
  2. Lawsuit says Arkansas parole policies unconstitutionally deny access to attorneys — Arkansas Advocate investigative accessed August 12, 2026
  3. Federal Court Grants Class Certification and Blocks Unconstitutional Arkansas Parole Revocation Practices — ACLU of Arkansas primary accessed August 12, 2026
  4. Judge orders changes to Arkansas parole revocation procedures challenged as unconstitutional — Arkansas Advocate investigative accessed August 12, 2026

See also