Pro Bono Innovators 2023 Honoree Skadden, Arps, Slate, Meagher & Flom

In our 2023 issue of Pro Bono Innovators, Bloomberg Law honors Skadden, Arps, Slate, Meagher & Flom for its work securing more than $1 million and potential immigration relief for 100 Latino workers detained in a Tennessee meat processing plant; for helping a client who became the first Illinois person to have their prison sentence reconsidered under the state’s SB 2129 amendment; and for other key matters.

Your firm’s pro bono work included obtaining more than $1 million and potential immigration relief for 100 Latino workers detained in an East Tennessee meat processing plant during an immigration raid and helping a client obtain reconsideration of his prison sentence under Illinois’ SB2129 amendment. How did your firm strategize on how to approach these matters?

Eben Colby, litigation partner, on the immigration relief matter: From a strategy perspective, we started with how to bring the case, what claims to bring, and how to identify potential defendants. We also spent a lot of time early in the process on the strategic question of how to address increasing uncertainty about the scope of certain legal claims. Our views of the strengths and weaknesses of certain claims changed throughout the litigation and required revised strategic thinking as circuit courts issued rulings that seemed to narrow the scope of such claims in real time. Class certification required unique arguments to rebut claims of individualized harm from the government, and we helped establish important precedent in this area. Discovery proved critical in seeking to depose all of the dozens of federal officers involved in the raid. The hundreds of hours of security camera footage we obtained required a lot of time to go through, and it proved valuable in establishing the physical harm inflicted on certain class members in the raid. The discovery we obtained and reviewed was instrumental in allowing us to achieve the benefits for the class.

Shelisa Thomas, banking associate, on the Corzell Cole re-sentencing case: My client, Corzell Cole, served 19 years of a 50-year prison sentence after being convicted of first-degree and attempted first- degree murder after a passenger in his car murdered an individual and attempted to murder another. Fifteen years into his sentence, we met in a Northwestern University Pritzker School of Law class offered to on-campus law students and students in the Northwestern Prison Education Program.

When working on Mr. Cole’s case, the strategy used was an atypical approach to legal matters. Our legal team formed an unlikely alliance with the State’s attorney to vacate Mr. Cole’s first-degree murder conviction and resentence him, which originated from the State’s attorney’s perceived injustice communicated through our draft of a clemency petition. Our clemency petition was more detailed and granular than many others. An important portion of our clemency draft was to give Mr. Cole a voice.

This involved employing a values-based approach to him writing his narrative, which called for deep reflection of his past, present and future, extracting translatable lessons learned for future growth and demonstrating how he has held himself accountable. We also crafted our argument to emphasize the injustices in his proceedings and sentence compared to his co-defendant, and his minimal culpability as well as call attention to the legal errors that occurred in his sentencing but that had never been addressed in his court proceedings.

fter further discussions with the State’s attorney, we ultimately determined the best path forward was to (1) petition the court to vacate Mr. Cole’s first- degree murder conviction, (2) allow him to plead guilty to second-degree murder and (3) resentence him under SB2129.

What were the most innovative aspects of two of your client matters in your view? And who took the lead on driving innovation with the work?

Eben Colby: Two of the earliest case decisions we made were both innovative and consequential. First, in addition to pleading class claims for civil rights violations under the Fourth and Fifth amendments – which is typical – we also included atypical class claims for conspiracy to violate civil rights and failure to prevent violations of civil rights under Sections 1985(3) and 1986, respectively, as well as claims against the US under the Federal Tort Claims Act (FTCA). Both of those unusual class claims survived the government’s motion to dismiss and preserved the potential class-wide recovery for the litigation. The FTCA claims likewise survived the motion to dismiss and kept the U.S. at the table.

Second, we used a two-pronged approach when identifying the conspirators’ names before the expiration of the short statute of limitations to name defendants. Our approach included seeking expedited discovery in the primary litigation and also seeking those names through FOIA requests and expedited FOIA litigation in federal court in Washington, D.C. We ultimately named approximately 90 defendants, and the work done to obtain the names — as well as our cataloging of the government’s opposition to those efforts — was crucial in retaining all 90 defendants in the case. Based on those efforts, the court rejected the governments’ argument that those defendants were added too late.

Shelisa Thomas: Mr. Cole faced an extraordinarily uphill battle, as clemency petitions have a very low success rate. After receiving our clemency petition, the State’s attorney, in a rare and unusual move, offered to lend his support and we began brainstorming how he could assist. During these conversations, we discussed the state’s new statute, Illinois SB2129, and how we might be able to use it in connection with revestment to achieve our desired result of securing Mr. Cole’s resentencing.

Our relationship with the State’s attorney was unique, as the process was not necessarily adversarial, as some processes can be. Our work with him was vital in securing Mr. Cole’s release, and we are grateful that this relationship has paved the way for additional cases to be brought forward in the hopes of achieving similar outcomes to Mr. Cole’s.

By prioritizing our approach to communication and building a trusting relationship, we ensured that Mr. Cole had a voice for the first time and emphasized centering his story and perspective in our clemency petition. The close relationships established in this case were a true asset in achieving this incredible result.

Tell us more about the impact of the matters on the local, national, and/or global level.

Eben Colby: On a national level, we established precedent-setting beneficial civil rights and class certification case law against targeting individuals solely on the basis of their ethnicity in planning or executing workplace immigrations raids providing a legal path for workers caught up in workplace raids to vindicate their civil rights.

Finally, the team’s work to identify and ensure the public release of footage from the raid, and the media attention it garnered, provided the public with a rare view into the excessive force those raids often entail. On a local level, this outcome instilled some peace of mind in the community subjected to such significant upheaval and increased awareness of immigrants’ constitutional protections. The victims have been provided assistance on the path to documented status, direct compensation for the harms they suffered and every eligible class member availed themselves of the benefits of the settlement, an extremely rare occurrence.

Shelisa Thomas: As a result of this case, the impact on incarcerated individuals statewide seeking justice for wrongful or unjust convictions has been widespread. With Mr. Cole’s case being the first to succeed in achieving resentencing under SB2129, it opened the door for individuals after him to pursue similar freedom by these means, prompting a renewed sense of hope in addressing so many cases of injustice that occur both throughout the state of Illinois and nationwide. I hope that Mr. Cole’s case can serve as not only an inspiration to other states in amending their criminal codes but also as an example of the path towards addressing injustice. Our work and subsequent victory fighting relentlessly for Mr. Cole is a clear illustration of what it takes to overcome the injustice experienced by so many incarcerated individuals, and I am hopeful that we will begin to see change nationwide in remedying such systemic issues.

Why do you think your team ultimately achieved successful results in these matters?

Eben Colby: This $1.175 million settlement plus potential immigration relief secured for our clients was in no small part due to the inspired commitment of a talented team of lawyers at Skadden and shows what such a team can do in conjunction with equally inspired and talented public interest partners and co-counsel. It was, in short, the ultimate team effort on multiple levels. The team at Skadden dedicated over 15,000 hours towards this case, working day in and day out to ensure a favorable and meaningful outcome for our clients. The team’s zeal – and persistence – repeatedly overcame brazenly obstructive litigation tactics by the federal government.

To that end, our partnership with the Southern Poverty Law Center and National Immigration Law Center, as well as equally talented and committed private lawyers at Sherrard Roe Voigt & Harbison and Sperling & Slater, was critical to our success. The opportunity to work with these organizations and provide support in this case allowed each of us to play on our strengths to ensure we succeeded in securing a truly momentous victory for our clients.

Shelisa Thomas: Without Mr. Cole’s determination, advocacy and commitment to education, this result would not have occurred. Mr. Cole faced an uphill battle having experienced numerous legal setbacks over the years, and yet he approached this new avenue with tenacity and hope, which enabled us to make an even more compelling and thorough argument. Our co-counsel, Steve Drizin of Northwestern University’s School of Law Blum Legal Clinic, played a pivotal role in strategizing and approaching the State’s attorney. This team effort helped contribute to the remarkable victory we were able to achieve in this case.

What did you do to celebrate when these matters were resolved?

Eben Colby: After the settlement hearing in February 2023, we joined certain class members outside the courthouse for a rally to celebrate the decision. Class members and our partner organizations were interviewed by the press about their stories and how the litigation has impacted the local community.

Shelisa Thomas: We celebrated on the day of Mr. Cole’s release in March 2022. As he was released, there were many friends, family members and supporters present to welcome him home, sharing many hugs, laughter, and happy tears. Afterward, we participated in an interview with Injustice Watch regarding his release. Then, we went to a mall where Mr. Cole, smiling ear to ear, went shopping for the first time since he was a teenager to buy clothes and shoes—a moment that demonstrated that it’s the little things that matter most. Finally, I and one of Mr. Cole’s tutors took him and one of his sons to the Cheesecake Factory, where Mr. Cole ate shrimp and a little bit of everything everyone else was having since he had not had restaurant food since he was a kid. He closed the evening out by staying in a nearby hotel with his son.

Responses provided by Skadden litigation partner Eben Colby and banking associate Shelisa Thomas.