On October 21, 2015, a group of persons incarcerated for unpaid fines and fees stemming from traffic violations and misdemeanors filed this class action 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. Represented by the ACLU and local counsel, the plaintiffs alleged that by incarcerating them for unpaid fines, the defendants in effect operated a "modern-day debtors’ prison," in violation of their Fourteenth Amendment due process rights and Fourth Amendment rights to freedom from unreasonable seizure. The plaintiffs sought injunctive and declaratory 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 the court retaining jurisdiction to enforce the private settlement agreement. As part of this settlement, the City of Biloxi adopted sweeping reforms and policy changes. These included termination of contracts with for-profit probation companies; adoption of new court procedures and training for city officials; establishment of a public defender office to represent indigent people; and judicial consideration of a person's ability to pay fines at sentencing. The defendants also agreed to pay $75,000 in damages and attorney's fees. The parties agreed that the court would retain jurisdiction over implementation of the settlement for three years.

On September 13, 2016, the City of Biloxi filed the required 60-day status report on the implementation of the settlement agreement. It stated that the City had ceased issuing warrants or incarcerating people for failure to pay fines.

As of November 19, 2018, the case remains ongoing to enforce the settlement.

Ian Sander - 10/02/2016
Nathaniel Flack - 11/19/2018


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