Our Legal Cases

Legal Advocacy and Litigation

The ACLU of Kansas and Western Missouri legal department focuses on establishing case law and policy precedents that protect or expand civil rights.  We use litigation as a last resort. We prefer to talk things out or negotiate whenever possible to correct civil rights violations.

The ACLU relies on the work of dedicated volunteer cooperating attorneys who are willing to donate their time and talent to assist our fight for liberty. Our Legal Department carefully reviews the hundreds of cases submitted to us every year and select those that, if resolved successfully, will have the broadest impact on many citizens. The clients we choose to represent receive our legal services free of charge. To fill out our online complaint form, click here. To find out more information on the kind of cases we take, click here.

These are some examples of our legal work:

Reproduction Freedom

The American Civil Liberties Union and the ACLU of Kansas and Western Missouri lawsuit challenges a Kansas law that prohibits insurance companies from including coverage for abortion in their comprehensive plans. Since 2010, 13 states have enacted laws that prohibit some or all insurance policies from covering abortion care. This case, ACLU of Kansas and Western Missouri v. Praeger, is the first to challenge one of these laws.

Freedom of Speech

Carl Smith, a lawyer from southwestern Missouri, was convicted of criminal contempt and sentenced to 120 days in jail for writing, in an appellate brief, that the circuit judges and prosecutors in Douglas and Wright Counties were conspiring to violate his and his client's rights in regard to a grand jury subpoena.

While in jail, Mr. Smith filed a petition for writ of habeas corpus seeking his release. In October 2009, the ACLU of Kansas & Western Missouri filed an amicus brief in support of Mr. Smith, arguing that the trial court had failed to apply proper First Amendment standards to the charges against Mr. Smith and that the sentence was excessive. That same month the Missouri Supreme Court ordered Mr. Smith's release from jail pending full consideration of his petition.

On November 17, the Court granted Mr. Smith's petition and ordered the county to answer so that the Court could consider the full merits of the dispute. The ACLU received the county’s answer on November 27, and together with the ACLU of Eastern Missouri filed a further amicus brief on December 24, 2009. On May 11, 2010, the Missouri Supreme Court issued a strong opinion upholding the free speech rights of lawyers in their roles as advocates.

Racial Justice

Encarnación Bail Romero, an undocumented immigrant, was arrested in 2007 during an immigration raid at a poultry processing plant near Carthage, Missouri. At that time, she had an infant son who initially stayed with Encarnación's brother. Eventually, a local couple offered to care for the child. While Encarnación was in custody, Jasper County Judge David C. Dally terminated Encarnación's parental rights to her young son and approved the child's adoption by the local couple.

The Seattle firm of DLA Piper represented Encarnación pro bono in her appeal. ACLU of Kansas and Western Missouri Legal Director Doug Bonney arranged for Bill Fleischaker, a Joplin lawyer who has helped the ACLU in the past, to serve as local counsel and the ACLU filed an amicus brief in support of Encarnación's rights. On January 25, 2011, the Missouri Supreme Court issued a strong opinion reversing the termination of Encarnación's parental rights and the adoption and remanded the case for a new trial.

Prisoners’ Rights

In July 2009, Hazel Mae Cowen and Jon Kurtis Smith, who was then incarcerated at the Labette County Jail in Oswego, KS, asked for permission to marry in the jail. At that time, jail policy specifically prohibited inmates from marrying and Sheriff Blundell refused to allow the couple to be married while Jon was in custody. After consulting a lawyer, Hazel obtained a marriage license from the Labette County District Court on July 10, 2009, and Hazel and Jon were married in a marriage ceremony conducted on July 25, 2009 over the telephone.