Justice Dept. finds unconstitutional jailing practices in Lexington, Mississippi Police Dept.

(photo courtesy of <iStockphoto/NNPA>)

The U.S. Department of Justice has announced that the Lexington Police Department in Mississippi, situated in one of the nation’s poorest counties, has unconstitutionally incarcerated individuals for unpaid fines. The revelation follows an ongoing investigation into alleged civil rights violations by the police in Lexington, initiated by the Justice Department in November.

In a letter addressed to Katherine Barrett Riley, the attorney for the city of Lexington, federal prosecutors asserted that the police department imprisoned people for outstanding fines without determining their financial means, violating the Fourteenth Amendment. The letter stated: “Thus far in our investigation, which is continuing, we have reviewed hundreds of case files, watched hours of body-worn camera footage, and interviewed dozens of witnesses, including Lexington residents and LPD leadership, officers, and staff.”

The investigation raises significant concerns about the city and the police department’s conduct, leading to incarceration for nonpayment of fines without assessing individuals’ financial capabilities, violating the Fourteenth Amendment. Prosecutors cited recent guidance from the Department of Justice, emphasizing that individuals cannot be incarcerated solely due to their inability to pay fines or fees.

Todd W. Gee, U.S. Attorney for the Southern District of Mississippi, expressed grave concern over the police conduct. “One-third of Lexington’s residents live below the poverty line. The burden of unjust fines and fees undermines the goals of rehabilitation and erodes the community’s trust in the justice system,” Gee said.

Kristen Clarke, the Department of Justice’s assistant attorney general for civil rights, urged an end to a “two-tiered system of justice” based on income. She emphasized the urgency of addressing the issues uncovered in Mississippi and expressed readiness to collaborate with officials to end harmful practices.

Prosecutors argued that Lexington’s police violated the constitutional prohibition on wealth-based detention by requiring arrested individuals to pay outstanding fines before release and by issuing and executing warrants for unpaid fines. Lexington, with an 86% Black population and a poverty rate nearing 30%, has a storied place in civil rights history, having elected the first Black man to the Mississippi Legislature in 1967.

The broader investigation into the Lexington Police Department encompasses allegations of excessive force, discriminatory policing, and First Amendment violations. Sam Dobbins, the city’s former police chief, was terminated after an audio recording surfaced, revealing his use of racial slurs, and boasting about on-duty killings. Justice Department officials met with city leaders last week, and local officials pledged to collaborate with the Justice Department to reform procedures.

“As our investigation proceeds, we ask the city and LPD promptly to assess the serious concerns we identify in this letter and advise us how they intend to remedy them expeditiously,” Justice Department officials said in the letter. “We will continue to examine whether there is a pattern or practice of conduct by law enforcement officers that deprives people of their rights related to the collection and enforcement of fines and fees in violation of federal law.”

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