Leslie Puryear files class action lawsuit over Virginia’s refusal to release prisoners

Then the Virginia Department of Corrections changed course, declaring that Puryear did not qualify for the new calculation and would have to stay behind bars for another three years. “It was very devastating, man,” Puryear said in an interview about that day in July 2022. “It’s almost like being released and locked up again.”

In 2023, the Virginia Supreme Court ruled that the agency had misinterpreted the law and ordered the release of a man convicted of attempted murder. But Puryear remained behind bars until the American Civil Liberties Union and the Washington, D.C., civil rights law firm Relman Colfax sued on his behalf. Virginia responded by releasing him in November, about 16 months after his original release date.

Now Puryear, 38, is the lead plaintiff in a class-action lawsuit filed June 28 against current and former Department of Corrections directors Chadwick Dotson and Harold Clarke. He is seeking damages for the months, or in some cases years, that Virginia wrongfully incarcerated inmates past their release dates. Puryear’s pool of potential plaintiffs is limited to people convicted of attempted, instigated or planned robbery or auto theft.

The law The reduction of Puryear’s sentence was a A sweeping package of measures passed by Democrats in 2020 to reform the criminal justice system and police oversight after the killing of George Floyd by Minneapolis police. It allowed inmates convicted of incomplete crimes—that is, crimes attempted and not completed—to receive enhanced penalty points, but not those who had actually committed crimes such as robbery and murder.

The following year, Governor Glenn Youngkin (R) came into office promising, among other things, to crack down on crime. In 2022, he tried to tighten the conditions for early release. Despite not having a full Republican majority in the legislature, Youngkin managed to insert a corresponding provision into the state budget and then took administrative action to push through the change. As the new Attorney General, Jason S. Miyares (R) gave then-Department of Corrections Director Clarke an advisory opinion stating that the outstanding crimes did not qualify. The Department of Corrections adjusted its calculations accordingly, and the release dates of prisoners like Puryear were pushed back.

Spokespeople for the Department of Corrections and the Virginia Attorney General, who will defend the lawsuit, declined to comment on the pending litigation.

Lawyers for the ACLU and Relman Colfax, which represents Puryear in the case, said they did not know exactly how many former inmates might join the lawsuit. They said the Department of Corrections identified 150 inmates in December with unspecified crimes related to robbery and car theft, released 31 of them and is recalculating release dates for the rest.

“There was no ambiguity,” said attorney Rebecca Livengood, one of Puryear’s lawyers. “Contrary to clearly established law, they kept people in prison who were explicitly entitled to reduced sentences and early release.”

The law, signed by then-Governor Ralph Northam (D), increased the possible reduction in prison time for good behavior and moved the earliest possible release date from 85 percent to 67 percent of a sentence. Those who have successfully completed counseling and training programs and have not committed serious behavioral violations can receive a reduction in their prison sentence of up to 15 days for every 30 days of their prison sentence, or six months for every year of their prison sentence.

Lawmakers at the time viewed the measure as a tool to encourage rehabilitation, engage in educational and counseling programs, and reduce the likelihood that incarcerated inmates would break the rules or reoffend while outside. Some argued that taxpayers would benefit.

Puryear was initially informed that his 18-year sentence would be reduced by three years and that he would not be eligible for release until 2022 instead of 2025. He had completed technical training and courses in behavior modification and job retention and was instructed to quickly prepare a “home plan” for his release.

“I knew every day when I woke up that I shouldn’t be here,” Puryear recalled in an interview. While he waited, he missed his son’s high school graduation and the birth of a grandson.

The ACLU sued the state on behalf of an inmate convicted of attempted murder, and in July 2023, the state Supreme Court ruled that the Department of Corrections had wrongfully denied Steven Prease credit. Prease was released. But Puryear and the others remained in prison.

The Department of Corrections “unilaterally decided to exclude inmates with convictions for attempted robbery from the enhanced early release program,” the new lawsuit says, despite the Supreme Court’s ruling that the General Assembly specifically does not exclude inmates with convictions for “attempted” crimes.

The ACLU filed another lawsuit on Puryear’s behalf. Virginia responded by releasing him in November.

Puryear now works at a Brunswick County business that repairs homes and cars and says he is focused on supporting his family. His wife is expecting his fifth child, a daughter. “It’s a great feeling to be there for her,” he says.

The Youngkin administration tried again to roll back the credits in the current budget cycle, and Miyares sent a letter to the General Assembly arguing that the early releases had led to more crime. The ACLU and other groups disputed Miyares’ claims, and the General Assembly ignored Youngkin and Miyares, allowing the credits to go into full effect starting July 1. Puryear said he has spoken to a number of inmates who were released this week.

The suit seeks damages for Puryear and all class members, as well as costs and attorneys’ fees. Vishal Agraharkar, an attorney for the ACLU, stressed in an interview that the organization had filed four lawsuits to force the prison authorities to comply with the law.

This story has been updated to reflect Relman Colfax and the ACLU filed a lawsuit on Puryear’s behalf, which led to Virginia’s release of Puryear in November.