On October 21, 2015, a group of persons charged and jailed for unpaid fines and fees filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the City of Biloxi, including the Chief of the Biloxi Police Department, a part-time judge of the Biloxi Municipal Court, and Judicial Correction Services (JCS) under 42 U.S.C. § 1983 for violating their 14th Amendment rights. Represented by the ACLU and local counsel, plaintiffs allege that defendant parties operate modern-day debtors’ prison, and within the performance of that scheme the defendants deprived the plaintiffs of their protected rights and liberties. Plaintiffs sought injunctive relief as well as compensatory and punitive damages.

Almost immediately, the defendants filed a motion to stay proceedings to concentrate on settlement negotiations. On November 3, 2015, the court granted this motion.

On March 7, 2016, Judge Halil S. Ozerden entered a final judgment of dismissal, with Court retaining jurisdiction to enforce the private settlement agreement. On March 15, 2016, the parties officially reached a settlement agreement. As part of this settlement, the City of Biloxi adopted sweeping reforms and policy changes. These include: no longer contracting with for-profit probation companies; adoption of new court procedures and training for city officials on the new procedures; the establishment of full-time public defender office to represent indigent people; and judicial consideration of a person's ability to pay fines at sentencing.

The court retains jurisdiction over this case for three years. On September 13, 2016, the City of Biloxi filed a status report on the implementation of the settlement agreement.

Ian Sander - 10/02/2016


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