ACLU of Arizona: Intake Form

ACLU AZ
Complaint Form

MAIL To:

ACLU of ARIZONA
Attn: Intake Screening
PO Box 17148
Phoenix, AZ 85011-0148

Website: www.acluaz.org

IMPORTANT: Before completing this form, please read all pages carefully. Please TYPE or PRINT CLEARLY. You must sign and date this form where indicated.

IF YOU ARE A PRISONER OR DETAINEE who has a complaint concerning the conditions of your confinement or detention, you must exhaust all grievance procedures before contacting us. Please provide us with a complete set of copies, not originals, of grievance filing and decisions.

INFORMATION ABOUT HOW THE ACLU-AZ ACCEPTS CASES

Thank you for contacting the ACLU-AZ about your case. Please read this information carefully about the kinds of cases we accept, and how to have the ACLU-AZ consider your case. If you believe your case may be the kind of case we accept, fill out the entire attached complaint form and mail it to us. If we need more information, we will contact you. Please do not contact our office to check on the status of your complaint; we will let you know as soon as possible about the status of your complaint.

What does it cost?

The attorneys at the ACLU-AZ represent clients free of charge. Cases are handled by staff counsel or by cooperating attorneys in private practice.

How does the ACLU-AZ choose cases?

The ACLU-AZ generally files cases that affect the civil liberties of a large number of people, rather than a dispute between two parties. The basic questions we ask when reviewing a potential case are:

Is this a significant civil liberties issue?

What effect will this case have on people in addition to our client?

Do we have the resources to take this case?

What are civil liberties?

The civil liberties we seek to protect include:

Freedom of Speech and Press
For example, a student is suspended for writing a article critical of the principal, a police officer is disciplined for speaking out against police brutality or a group is charged for police protection when it applies for a demonstration permit.

Freedom of Religion
This involves both the right of individuals to religious belief and the separation of church and state.

Privacy
For example, reproductive rights.

Equal Protection/Discrimination
For example, this could include a sheriff's department, which refuses to accept women as deputies or a refusal to allow homeless people to vote because they have no fixed address.

Due Process
For example, a community group is denied a permit by the police, and the town does not provide an appeal process to the decision.

What cases affect other?

Lawsuits can affect a large number of people in two ways. First, we sometimes challenge a practice or policy, which directly impacts many people. Second, a lawsuit is brought on behalf of one person that can impact others, when it establishes or expands a legal protection.

Why does the ACLU-AZ prefer cases without serious factual investigation?

Although we accept cases with serious factual investigation, we prefer cases where the issue is a question of law. The reasons we do not accept cases involving factual disputes are:

Our limited resources

The court may not reach a decision on the civil liberties issues

The case is less likely to have a broad impact on others, if the decision rests on specific facts.

Types of cases the ACLU-AZ does not generally accept:

1. Employment: The ACLU-AZ usually cannot help when employees believes that they were fired unjustly or were otherwise treated unfairly at work. This is especially true when the employer is a private company rather than a government agency. But when workers can show that they were fired or mistreated because of their race, gender, ethnic background, religion, disability or any other basis that violates anti-discrimination statutes, there is stronger legal protection. In such cases, we ask that you contact the Arizona Attorney General’s Office – Civil Rights Division before you send a letter to the ACLU of Arizona. For information about filing a complaint with the AZ AG, go to http://www.azag.gov/civil_rights /index.html. Or call 602-542-5263 in Phoenix or 520-628-6500 in Tucson.

2. Family law/child custody: The ACLU of Arizona generally does not provide assistance in family law cases involving disputes about divorces, child custody, parenting time, or visitation.

3. Landlord-tenant dispute: The ACLU-AZ does not generally get involved in disputes between tenants and their private landlords, unless the issue involves discrimination prohibited by statute or ordinance. This includes disputes with Home Owner Associations.

4. Complaints about attorneys: The ACLU-AZ does not handle complaints about a person’s current court-appointed attorney. Complaints regarding ineffective assistance of counsel should be submitted to the Arizona State Bar Association.

5. Criminal defense: The ACLU-AZ generally does not provide criminal defense attorneys to persons who are accused of crimes. There is an exception, however, when the alleged criminal activity clearly implicates a constitutional right such as freedom of speech. Thus, the ACLU-AZ is unlikely to provide a criminal defense to someone charged with burglary, even if the person asserts that the evidence was obtained in a search that violates the Fourth Amendment. On the other hand, the ACLU-AZ would consider assisting in the criminal defense of persons arrested for participating in a demonstration, if the arrests infringed on the right of free expression.

6. Challenges to convictions or prison sentences: It is very unlikely that the ACLU-AZ would provide an attorney to challenge a person’s criminal conviction or the length of a prison sentence. Similarly, the ACLU-AZ will not be able to help prisoners who believe that the length of their sentence has been calculated incorrectly. If a pending appeal raises an important constitutional issue, the ACLU-AZ may submit an amicus brief in the appellate courts. Requests for amicus briefs should come from your appellate attorney.

7. Cases that are too old: There are time deadlines for initiating most legal actions. If the incident occurred too far in the past, it may be too late for a legal remedy. The ACLU of Arizona cannot provide advice about what time deadlines may apply to your particular legal matter.

8. Cases that arise outside Arizona: The ACLU of Arizona cannot provide legal assistance if the matter did not take place in or arise in Arizona, even if the prisoner is now housed in the state. To find ACLU affiliates in other states, go the www.aclu.org.

Why does the ACLU-AZ turn down cases that fall within its guidelines?

There are many cases and problems of unfairness and injustice, which the ACLU-AZ is simply unable to handle. We receive hundreds of requests for help each month. Therefore, we cannot accept many of the cases that fall within our guidelines. We must select those cases that, we believe will have the greatest impact on protecting civil liberties.

Can the ACLU-AZ advise me about my case?

The ACLU-AZ cannot give legal advice about your case or provide you with other kinds of assistance, unless we accept your case.

COMPLAINT FORM

MAIL To:

ACLU of ARIZONA
Attn: Intake Screening
PO Box 17148
Phoenix, AZ 85011-0148

IMPORTANT: Before completing this form, please read all pages carefully. Please TYPE or PRINT CLEARLY. You must sign and date this form where indicated.

1. COMPLAINANT INFORMATION

Name: ______________________________________________________________________________

Address: ____________________________________________________________________________

Contact Phone number(s): _____________________________________________________________

Email Address: _______________________________________________________________________

2. MY COMPLAINT IS AGAINST THE FOLLOWING (if complaint is against more than one person or agency, provide additional information on additional sheet.)

Name: ______________________________________________________________________________

Address: ____________________________________________________________________________

Government Agency: __________________________________________________________________

Contact Phone number(s): _____________________________________________________________

May we contact this person? Yes _______ No ________

Date of Governmental Act giving rise to your complaint: _____________________________________

3. WITNESS(ES) OR PERSON(S) WITH INFORMATION REGARDING YOUR COMPLAINT:

If more than one person, provide additional information on separate sheet.

Name: ______________________________________________________________________________

Address: ____________________________________________________________________________

Contact Phone number(s): _____________________________________________________________

4. ARE YOU REPRESENTED BY AN ATTORNEY?
Yes __________ No ______________

If yes, please provide the following information

Attorney's Name _____________________________________________________________________

Contact Phone number(s): _____________________________________________________________

Case Title: _____________________________ Case Number: ____________________________

Date of Filing: __________________________ Court with Jurisdiction: ____________________

Judge: _________________________________ Status of Case: ___________________________

5. COMPLETE DESCRIPTION OF COMPLAINT: (please type or print clearly). Describe IN DETAIL the events that led you to file this complaint. Please attach copies (not originals) of all relevant documents to this complaint. (Use additional paper if necessary).

6. PLEASE STATE CLEARLY WHAT YOU WOULD LIKE THE ACLU-AZ TO DO (use additional paper if necessary):

Signed:

Name: _________________________________________ Date: __________________________