Case: Kennedy v. City of Biloxi

1:15-cv-00348 | U.S. District Court for the Southern District of Mississippi

Filed Date: Oct. 21, 2015

Closed Date: March 7, 2019

Clearinghouse coding complete

Case Summary

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 …

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.

Settlement negotiations continued into 2016 until the parties reached an agreement in March 2016. Judge Halil S. Ozerden entered a final judgment of dismissal on March 7, 2016, 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 a "bench card” to guide judges on how to avoid sending people to jail because they are unable to pay court fines and fees; 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.

Shortly after, on September 27, 2016, the plaintiffs and the City of Biloxi agreed to a supplement to the settlement agreement to help improve the implementation of the initial agreement. The supplement included improved advisement of rights for people who owe fines and fees and a revised bench card for judges.

As of May 20, 2020 there has been no further action in the docket, and the settlement agreement is presumed to have ended. This case is now closed.

Summary Authors

Ian Sander (10/2/2016)

Nathaniel Flack (11/19/2018)

Alex Moody (5/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14433933/parties/kennedy-v-the-city-of-biloxi-mississippi/


Judge(s)

Gargiulo, John C. (Mississippi)

Attorney for Plaintiff

Choudhury, Nusrat Jahan (New York)

Irvin, Charles Baron (Mississippi)

Attorney for Defendant

Blessey, Gerlad H. (Mississippi)

Gunn, Corban (Mississippi)

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Documents in the Clearinghouse

Document

1:15-cv-00348

Docket [PACER]

Kennedy v. The City of Biloxi, Mississippi

Sept. 13, 2016

Sept. 13, 2016

Docket
1

1:15-cv-00348

Complaint

Kennedy v. City of Biloxi, Mississippi

Oct. 21, 2015

Oct. 21, 2015

Complaint
28

1:15-cv-00348

Final Judgment of Dismissal

Kennedy v. City of Biloxi, Mississippi

March 7, 2016

March 7, 2016

Order/Opinion

2016 WL 2016

Final Stipulated Settlement Agreement

Kennedy v. The City of Biloxi, Mississippi

No Court

March 15, 2016

March 15, 2016

Settlement Agreement
30

1:15-cv-00348

Status Report on Stipulated Settlement Agreement

Kennedy v. The City of Biloxi, Mississpi

Sept. 13, 2016

Sept. 13, 2016

Settlement Agreement

1:15-cv-00348

Supplement to Stipulated Settlement Agreement and Retention of Jurisdiction

Kennedy v. Biloxi

Sept. 27, 2016

Sept. 27, 2016

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14433933/kennedy-v-the-city-of-biloxi-mississippi/

Last updated Jan. 30, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Judicial Correction Services, Incorporated, John Miller, James Steele, The City of Biloxi, Mississippi (Filing fee $400.00, receipt number 14643007403) filed by Qumotria Kennedy, Richard Tillery, Joseph Anderson. (Attachments: # 1 Civil Cover Sheet)(PKS) (Entered: 10/21/2015)

1 Civil Cover Sheet

View on PACER

Oct. 21, 2015

Oct. 21, 2015

PACER
2

Summons Issued as to Judicial Correction Services, Incorporated, John Miller, James Steele, The City of Biloxi, Mississippi. (PKS) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
3

MOTION to Certify Class by Qumotria Kennedy, Richard Tillery Responses due by 11/5/2015 (Attachments: # 1 Affidavit Declaration of Nusrat Choudhury, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit Declaration of Laura Huizar, # 9 Affidavit Declaration of Nina Papachristou)(Irvin, Charles) (Entered: 10/21/2015)

1 Affidavit Declaration of Nusrat Choudhury

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Affidavit Declaration of Laura Huizar

View on PACER

9 Affidavit Declaration of Nina Papachristou

View on PACER

Oct. 21, 2015

Oct. 21, 2015

PACER
4

MEMORANDUM IN SUPPORT re 3 MOTION to Certify Class filed by Qumotria Kennedy, Richard Tillery (Irvin, Charles) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
5

Corporate Disclosure Statement by Joseph Anderson, Qumotria Kennedy, Richard Tillery (Irvin, Charles) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER

DOCKET ANNOTATION as to # 3 and # 4. Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Documents are undated, but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. DOCKET ANNOTATION as to # 3. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (JCH)

Oct. 22, 2015

Oct. 22, 2015

PACER
6

SUMMONS Returned Executed by Qumotria Kennedy, Richard Tillery, Joseph Anderson The City of Biloxi, Mississippi served on 10/21/2015, answer due 11/12/2015. (Irvin, Charles) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
7

SUMMONS Returned Executed by Qumotria Kennedy, Richard Tillery, Joseph Anderson John Miller served on 10/21/2015, answer due 11/12/2015. (Irvin, Charles) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
8

SUMMONS Returned Executed by Qumotria Kennedy, Richard Tillery, Joseph Anderson James Steele served on 10/21/2015, answer due 11/12/2015. (Irvin, Charles) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
9

SUMMONS Returned Executed by Qumotria Kennedy, Richard Tillery, Joseph Anderson Judicial Correction Services, Incorporated served on 10/22/2015, answer due 11/12/2015. (Irvin, Charles) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
10

MOTION for Nusrat Jahan Choudhury to Appear Pro Hac Vice by Joseph Anderson, Qumotria Kennedy, Richard Tillery (Attachments: # 1 Exhibit Certificate of Good Standing)(Irvin, Charles) (Entered: 10/22/2015)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 22, 2015

Oct. 22, 2015

PACER

TEXT ONLY ORDER granting 10 Motion to Appear Pro Hac Vice. That Nusrat Jahan Choudhury be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel upon payment of the pro hac admission fees and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/23/2015 (AB)

Oct. 23, 2015

Oct. 23, 2015

PACER
11

NOTICE of Appearance by Pieter Teeuwissen on behalf of All Plaintiffs (Teeuwissen, Pieter) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
12

NOTICE of Appearance by Anthony R. Simon on behalf of All Plaintiffs (Simon, Anthony) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

Pro Hac Vice fee paid by Nusrat Choudhury and Dennis Parker $200.00, receipt number 14643007418 (PKS)

Oct. 26, 2015

Oct. 26, 2015

PACER
13

MOTION for Dennis David Parker to Appear Pro Hac Vice by Joseph Anderson, Qumotria Kennedy, Richard Tillery (Attachments: # 1 Exhibit Certificate of Good Standing)(Irvin, Charles) (Entered: 10/26/2015)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 26, 2015

Oct. 26, 2015

PACER

TEXT ONLY ORDER granting 13 Motion to Appear Pro Hac Vice. That Dennis David Parker be admitted pro hac vice in this case on behalf of the Plaintiffs in association with local counsel upon payment of the pro hac admission fees and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/28/2015 (AB)

Oct. 28, 2015

Oct. 28, 2015

PACER
14

NOTICE of Appearance by Corban Gunn on behalf of James Steele (Gunn, Corban) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
15

NOTICE of Appearance by Gerald Blessey on behalf of John Miller, The City of Biloxi, Mississippi (Attachments: # 1 Declaration of Technical Difficulties)(PKS) (Entered: 10/30/2015)

1 Declaration of Technical Difficulties

View on PACER

Oct. 30, 2015

Oct. 30, 2015

PACER
16

Letter from Secretary of State regarding the service on Judicial Correction Services, Incorporated. (JCH) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
17

Joint MOTION to Stay Proceedings as to Defendants City of Biloxi, John Miller, and James Steele by Joseph Anderson, Qumotria Kennedy, Richard Tillery (Choudhury - PHV, Nusrat) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
18

NOTICE of Appearance by Thomas A. McKnight, Jr on behalf of Judicial Correction Services, Incorporated (McKnight, Thomas) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 11/30/2015 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB)

Nov. 3, 2015

Nov. 3, 2015

PACER
19

ORDER granting 17 Motion to Stay Proceedings.Signed by Magistrate Judge John C. Gargiulo on 11/3/2015. (TSB) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER

DOCKET ANNOTATION as to #18: This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. Attorney is directed to include an appropriate electronic signature of (s/attorney's name) on future filed pleadings. Document does not have to be refiled. (PKS)

Nov. 3, 2015

Nov. 3, 2015

PACER
20

MOTION for Larry S. Logsdon to Appear Pro Hac Vice by Judicial Correction Services, Incorporated (Attachments: # 1 Exhibit Cert. of Good Standing)(McKnight, Thomas) (Entered: 11/09/2015)

1 Exhibit Cert. of Good Standing

View on PACER

Nov. 9, 2015

Nov. 9, 2015

PACER
21

MOTION for Michael L. Jackson to Appear Pro Hac Vice by Judicial Correction Services, Incorporated (Attachments: # 1 Exhibit Cert. of Good Standing)(McKnight, Thomas) (Entered: 11/09/2015)

1 Exhibit Cert. of Good Standing

View on PACER

Nov. 9, 2015

Nov. 9, 2015

PACER

TEXT ONLY ORDER granting 20 Motion to Appear Pro Hac Vice; granting 21 Motion to Appear Pro Hac Vice. That Larry S. Logsdon and Michael L. Jackson be admitted pro hac vice in this case on behalf of Defendant Judicial Correction Services, Inc. in association with local counsel upon payment of the pro hac admission fee and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 11/10/2015 (AB)

Nov. 10, 2015

Nov. 10, 2015

PACER

Pro Hac Vice fee paid for Larry S. Logsdon receipt number 0538-3067200 $ 100 (McKnight, Thomas)

Nov. 10, 2015

Nov. 10, 2015

PACER

Pro Hac Vice fee paid for Michael L. Jackson receipt number 0538-3067209 $ 100 (McKnight, Thomas)

Nov. 10, 2015

Nov. 10, 2015

PACER
22

Letter to Judicial Correction Services, Inc. from Secretary of State regarding process served on C. Delbert Hosemann, Jr., Secretary of State. (PKS) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Status Conference held on 11/30/2015. Counsel for Plaintiffs have met with counsel for the City of Biloxi, John Miller and counsel for Judge James Steele and a settlement proposal as to declarative and injunctive relief has been drafted and circulated within the past week. All parties concur that JCS's involvement in settlement discussions would promote efficient global resolution. As such, counsel for JCS and Plaintiffs assert they will proceed with good faith settlement discussions. PARTICIPANTS: Charles B. Irvin, Nusrat Jahan Choudhury - PHV, Anthony R. Simon and Pieter Teeuwissen (counsel for Plaintiffs); Gerald H. Blessey (counsel for Defendants The City of Biloxi, Mississippi and John Miller); Corban Gunn (counsel for Defendant Judge James Steele); and Michael L. Jackson - PHV and Thomas A. McKnight, Jr. (counsel for Defendant Judicial Correction Services, Incorporated). (AB)

Nov. 30, 2015

Nov. 30, 2015

PACER

NOTICE of Hearing: TELEPHONIC Status Conference set for 1/8/2016 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiffs will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB)

Nov. 30, 2015

Nov. 30, 2015

PACER
23

NOTICE of Appearance by Tere R. Steel on behalf of John Miller, The City of Biloxi, Mississippi (Steel, Tere) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 1/8/2016. PARTICIPANTS: Charles B. Irvin, Nusrat Jahan Choudhury - PHV, Anthony R. Simon and Pieter Teeuwissen (counsel for Plaintiffs); Gerald H. Blessey and Tere R. Steel (counsel for Defendants The City of Biloxi, Mississippi and John Miller); Corban Gunn (counsel for Defendant Judge James Steele); and Michael L. Jackson - PHV and Thomas A. McKnight, Jr. (counsel for Defendant Judicial Correction Services, Incorporated). Parties indicate substantial progress and have scheduled an in-person conference to take place by the end of the month. Parties further requested an early Settlement Conference for March 4, 2016. (AB)

Jan. 8, 2016

Jan. 8, 2016

PACER

JOINT ORE TENUS MOTION to extend Stay of Proceedings by Joseph Anderson, Judicial Correction Services, Incorporated, Qumotria Kennedy, John Miller, James Steele, The City of Biloxi, Mississippi, Richard Tillery. (AB)

Jan. 8, 2016

Jan. 8, 2016

PACER

TEXT ONLY ORDER granting JOINT ORE TENUS MOTION to extend Stay of Proceedings. The Stay is extended to February 5, 2016. NO FURTHER WRITTEN ORDER SHALL BE ISSUED BY THIS COURT. Signed by Magistrate Judge John C. Gargiulo on 1/8/2016 (AB) Modified on 1/8/2016 to correct typo (AB).

Jan. 8, 2016

Jan. 8, 2016

PACER

NOTICE of Hearing: Settlement Conference set for 3/4/2016 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). PARTIES AND/OR COMPANY REPRESENTATIVES ARE TO BE PRESENT AT THE CONFERENCE. (AB)

Jan. 8, 2016

Jan. 8, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 2/19/2016 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB)

Jan. 8, 2016

Jan. 8, 2016

PACER
24

Corporate Disclosure Statement by Judicial Correction Services, Incorporated identifying Corporate Parent CHC Companies, Inc. for Judicial Correction Services, Incorporated. (Jackson - PHV, Michael) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER

TEXT ONLY ORDER granting SECOND JOINT ORE TENUS MOTION to extend Stay of Proceedings. In light of the ongoing settlement negotiations, the Stay is extended to March 4, 2016. NO FURTHER WRITTEN ORDER SHALL BE ISSUED BY THIS COURT. Signed by Magistrate Judge John C. Gargiulo on 2/2/2016. (TSB)

Feb. 2, 2016

Feb. 2, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 2/19/2016. PARTICIPANTS: Charles B. Irvin, Nusrat Jahan Choudhury - PHV, Anthony R. Simon and Pieter Teeuwissen (counsel for Plaintiffs); Gerald H. Blessey and Tere R. Steel (counsel for Defendants The City of Biloxi, Mississippi and John Miller); Corban Gunn (counsel for Defendant Judge James Steele); and Michael L. Jackson - PHV and Thomas A. McKnight, Jr. (counsel for Defendant Judicial Correction Services, Incorporated). Parties indicate continued progress with regard to resolution of claims seeking injunctive and declaratory relief. As this may resolve all bases for class certification, and all claims as to Defendant Steele, the Court will allow the existing Stay to remain in effect in order to facilitate continued settlement negotiations. (AB)

Feb. 19, 2016

Feb. 19, 2016

PACER
25

MOTION for Writ of Habeas Corpus ad testificandum by Joseph Anderson, Qumotria Kennedy, Richard Tillery (Choudhury - PHV, Nusrat) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER

TEXT ONLY ORDER granting 25 Motion for Writ of Habeas Corpus ad testificandum. The clerk of court is directed to issue a writ of habeas corpus ad testificandum for plaintiff Richard Tillery's appearance at the Settlement Conference scheduled for 3/4/2015 at 9:30 AM at the United States Courthouse, Courtroom 683, 2012 15th Street, Gulfport, MS before the undersigned. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/2/2016 (AB)

March 2, 2016

March 2, 2016

PACER
26

ORDER granting 25 MOTION for Writ of Habeas Corpus ad testificandum filed by Richard Tillery, Qumotria Kennedy, Joseph Anderson. Signed by Magistrate Judge John C. Gargiulo on 3/2/2016 (AB) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
27

Writ of Habeas Corpus ad Testificandum Issued as to Richard Tillery for March 4, 2016. (PKS) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 3/4/2016. PARTICIPANTS: Charles B. Irvin, Nusrat Jahan Choudhury - PHV, and Pieter Teeuwissen (counsel for Plaintiffs); Qumotria Kennedy, Joseph Anderson and Richard Tillery (Plaintiffs); Gerald H. Blessey and Tere R. Steel (counsel for Defendants The City of Biloxi, Mississippi and John Miller); Mayor Andrew "Fofo" Gilich (representative for Defendant The City of Biloxi, Mississippi); Corban Gunn (Counsel for Judge James Steele); Judge James Steele (Defendant); Thomas A. McKnight, Jr. (counsel for Defendant Judicial Correction Services, Inc.); John McCauley, John Henry and Mary Palma (representatives for Defendant Judicial Correction Services, Inc.). The case settled at the conference. Court Reporter/Transcriber Kati Vogt, Telephone Number : 228-563-1751. (AB)

March 4, 2016

March 4, 2016

PACER

NOTICE of Settlement by Defendant Judicial Correction Services, Incorporated; Plaintiff Joseph Anderson; Plaintiff Qumotria Kennedy; and Plaintiff Richard Tillery. Ready for District Judge's standard closing order with the court retaining jurisdiction for enforcement purposes. (AB)

March 4, 2016

March 4, 2016

PACER

NOTICE of Settlement by Plaintiff Joseph Anderson; Plaintiff Qumotria Kennedy; Plaintiff Richard Tillery; Defendant John Miller; Defendant James Steele; and Defendant The City of Biloxi, Mississippi. Ready for District Judge's standard closing order with the court retaining jurisdiction for enforcement purposes. (AB)

March 4, 2016

March 4, 2016

PACER
28

FINAL JUDGMENT OF DISMISSAL: that the above captioned civil action is dismissed with prejudice as to all parties, and that the Court hereby specifically retains jurisdiction to enforce the settlements. Signed by District Judge Halil S. Ozerden on 3/7/16 (PKS) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
29

ACKNOWLEDGMENT OF Receipt by Warden, Hinds County Penal Farm, re: Writ of Habeas Corpus ad Testificandum Issued as to Richard Tillery.(PKS) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
30

STATUS REPORT on Implementation of Stipulated Settlement Agreement by The City of Biloxi, Mississippi (Blessey, Gerald) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 21, 2015

Closing Date: March 7, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons incarcerated for unpaid fines and fees stemming from traffic violations and misdemeanors.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Biloxi, MI (Harrison), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 75,000

Order Duration: 2016 - 2019

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Recordkeeping

Training

Issues

General:

Fines/Fees/Bail/Bond

Pattern or Practice

Poverty/homelessness

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Disability and Disability Rights:

disability, unspecified