The Wyandotte Man Behind the ACLU Filing

provided this narrative of the Wyandotte man now represented by the group:

"David Clark, 30, lives with his girlfriend and her four children, whom he helps support.

In February 2011, David and his girlfriend spanked one of the kids on his buttock. The following day, the child’s grandmother noticed a red mark on the child’s buttock. She called Child Protective Services (CPS) and the police.

David and his girlfriend explained the circumstances to CPS and the police. CPS told them to take a six-week parenting class, which they completed successfully in March and April 2011. The police nonetheless informed them in May that they were filing charges.

Both pleaded no contest and were sentenced by Judge Randy Kalmbach of 27th District Court in Wyandotte, Mich. to 90 days in jail unless they could each immediately pay $1250 in fees and costs to the court.

David’s girlfriend was able to borrow the money from her parents and avoided the 90-day jail sentence. However, David, who worked part-time at Meijer and was bringing home only about $150 a week, could not afford to pay $1250 on the day he was sentenced.

The judge would not allow him to pay off the fees and costs over time, and he is now serving 90 days in jail for being poor.

Although David could have eventually paid these fees and costs if he had been given a payment plan, he is now likely to lose his job because he is in jail. The ACLU is challenging his pay or stay sentence."