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Case Name Burks v. Scott County CJ-MS-0003
Docket / Court 3:14-cv-00745-HTW-LRA ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Criminal Justice (Other)
Indigent Defense
Special Collection Fines/Fees/Bail Reform (Criminalization of poverty)
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
MacArthur Justice Center, New Orleans
Case Summary
On September 23, 2014, two Scott County, Mississippi residents who had been arrested and detained filed this class-action lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued Scott County, an Eighth Circuit Judge, and Scott County Justice Court judges ... read more >
On September 23, 2014, two Scott County, Mississippi residents who had been arrested and detained filed this class-action lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued Scott County, an Eighth Circuit Judge, and Scott County Justice Court judges. The plaintiffs filed on behalf of themselves and sought to certify a class of those similarly situated. They brought this class action suit under 42 U.S.C. § 1983. The plaintiffs alleged that they were indefinitely detained without individualized bail hearings in Scott County and were indefinitely denied counsel throughout the Eighth Circuit Court District, which violated their Sixth and Fourteenth Amendment rights. The plaintiffs sought monetary damages, attorneys fees, and a declaratory judgment.

After the plaintiffs were arrested in Scott County, the judges set their bail without any individualized hearing or consideration of the bail factors required under state or federal law, including the ability to afford bail and the appropriateness of non-monetary bail options. The bail was set such that the plaintiffs were financially unable to pay the bond or the set percentage of the bond that would be required to secure the bond through a bond company or agent. Additionally, the plaintiffs had to wait more than one month before the court appointed a public defender to represent them, even though they had both completed - Affidavits of Indigence and Application of Felony Indigent Counsel. Under Mississippi law, they should have had immediate representation by a public defender after submitting their affidavits and applications. Scott County also enforced a custom and policy of not providing counsel to indigent felony arrestees until they had been indicted, which could take months.

As a result of these practices, felony arrestees in Scott County were routinely detained prior to indictment simply because they were too poor to afford bail. The scarcity of grand jury panels further exacerbated the risk of indefinite pre-indictment detention in Scott County. A felony arrestee could have waited three to five months to learn if he had been indicted and, consequently, to be appointed representation. This meant that felony arrestees did not have attorneys to represent them at their initial appearance where they had to argue for release or reasonable bail.

The plaintiffs alleged that these practices violated the plaintiffs' Sixth and Fourteenth Amendment rights to the assistance of counsel, their Sixth Amendment rights to a speedy trial, their Fourteenth Amendment rights against excessive and punitive pre-indictment detention, and their Fourteenth Amendment rights to an individualized bail hearing and determination.

On September 23, 2014, the plaintiffs filed a motion to certify a class. Following the plaintiffs' filing of an amended complaint, all of the defendants in this case filed motions to dismiss.

On September 30, 2015, Judge Wingate issued an order granting in part and denying in part the defendants' motions to dismiss, and dismissing the plaintiffs' motions to certify a class as moot. The court granted the motions to dismiss of both the Eighth Circuit judge and the Scott County Judge Court judges. Additionally, the court granted Scott County's request to dismiss the plaintiffs' requests for injunctive and/or declaratory relief. However, the court retained the plaintiffs' demand for monetary damages against Scott County. The court stayed that portion of the lawsuit pending the conclusion of state court criminal proceedings. Finally, because the only remaining claims were the plaintiffs' individual damages against the county, the court dismissed the motions to certify classes as moot.

On June 27, 2017, Judge Henry T. Wingate issued a final judgment--a stipulated declaratory judgment and a settlement agreement. Scott County agreed to provide counsel to all indigent defendants and to provide "applications" for indigent representation within 48 hours of arrest. Plaintiffs agreed that on Scott County's implementation of these orders, no further injunctive relief would be necessary, and therefore agreed to dismiss all claims once that happened. The court retained jurisdiction to enforce the agreement, and the settlement provided for periodic meetings to discuss compliance issues as they arose. The settlement is listed on the docket as a "dismissal with prejudice" and there are no further docket entries, as of a year later. But presumably, the case remains open if plaintiffs wish to seek the court's assistance in implementation.

Rachel June-Graber - 11/13/2015
Nili Blanck - 05/02/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Assistance of counsel (6th Amendment)
Due Process
Content of Injunction
Goals and Timekeeping
Recordkeeping
Reporting
Required disclosure
Defendant-type
Corrections
General
Access to lawyers or judicial system
Bail/Bond
Courts
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Poverty/homelessness
Records Disclosure
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Circuit Judge for the Eight Circuit Court District of Mississippi
Justice Court Judges for Scott County
Scott County, Mississippi
Plaintiff Description Plaintiffs are private citizens of Scott County, Mississippi who were arrested and detained in Scott County.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
MacArthur Justice Center, New Orleans
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2017 - 2019
Filing Year 2014
Case Ongoing Yes
Additional Resources
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  BURKS, ET AL. V. SCOTT COUNTY, MISSISSIPPI
aclu.org
Date: Jun. 27, 2017
By: American Civil Liberties Union
[ Detail ] [ External Link ]

Docket(s)
3:14-cv-745 (S.D. Miss.)
CJ-MS-0003-9000.pdf | Detail
Date: 06/27/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
CJ-MS-0003-0001.pdf | Detail
Date: 09/23/2014
Source: PACER [Public Access to Court Electronic Records]
Amended Class Action Complaint [ECF# 39]
CJ-MS-0003-0002.pdf | Detail
Date: 12/12/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 85] (S.D. Miss.)
CJ-MS-0003-0003.pdf | Detail
Date: 03/27/2015
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 86] (S.D. Miss.)
CJ-MS-0003-0004.pdf | Detail
Date: 09/30/2015
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 87] (S.D. Miss.)
CJ-MS-0003-0005.pdf | Detail
Date: 09/30/2015
Source: PACER [Public Access to Court Electronic Records]
Order and Agreement to Settle All Equitable Claims [ECF# 108] (S.D. Miss.)
CJ-MS-0003-0006.pdf | Detail
Date: 06/27/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Anderson, Linda Randle (S.D. Miss.) [Magistrate]
CJ-MS-0003-9000
Wingate, Henry Travillion (S.D. Miss.)
CJ-MS-0003-0003 | CJ-MS-0003-0004 | CJ-MS-0003-0005 | CJ-MS-0003-0006 | CJ-MS-0003-9000
Plaintiff's Lawyers Buskey, Brandon (New York)
CJ-MS-0003-0001 | CJ-MS-0003-0002 | CJ-MS-0003-0006 | CJ-MS-0003-9000
Craig, James W. (Louisiana)
CJ-MS-0003-0001 | CJ-MS-0003-0002 | CJ-MS-0003-9000
Edwards, Ezekiel (New York)
CJ-MS-0003-0001 | CJ-MS-0003-0002 | CJ-MS-0003-9000
Irvin, Charles Baron (Mississippi)
CJ-MS-0003-0001 | CJ-MS-0003-0002 | CJ-MS-0003-9000
Johnson, J. Clifton II (Mississippi)
CJ-MS-0003-0001 | CJ-MS-0003-0002 | CJ-MS-0003-0006 | CJ-MS-0003-9000
Schwartzmann, Katie M (Louisiana)
CJ-MS-0003-0001 | CJ-MS-0003-0002
Defendant's Lawyers Allen, William Robert (Mississippi)
CJ-MS-0003-0006 | CJ-MS-0003-9000
Griffith, Daniel J. (Mississippi)
CJ-MS-0003-9000
Mangum, Jason A. (Mississippi)
CJ-MS-0003-0006
Matheny, Justin L. (Mississippi)
CJ-MS-0003-9000
Miracle, Douglas T. (Mississippi)
CJ-MS-0003-9000
Webb, Jeffrey T. (Mississippi)
CJ-MS-0003-0006

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