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Lexington, MS, Faces Justice Department Over Unlawful Detention Due to Fines and Fees Policy
The Justice Department has found the City of Lexington, Mississippi, guilty of unlawful detention due to its practice of jailing people for unpaid fines without first assessing whether they can afford to pay them. This practice violates the Constitution’s prohibition on wealth-based detention.
According to a letter sent to the City of Lexington and the Lexington Police Department (LPD), the Justice Department has been investigating the city’s practice of jailing people for unpaid fines and fees. The investigation, which was opened on November 8, 2023, seeks to determine whether there are systemic violations of the Constitution and federal law related to use of force, stops, searches and arrests, discriminatory policing, and the right to free speech.
The Justice Department has informed the city that its practice of requiring people who are arrested to pay down outstanding fines before they can be released from jail, and issuing and arresting people on warrants for outstanding fines, violates the Constitution. This practice traps people and their families in a vicious cycle of poverty and punishment.
Assistant Attorney General Kristen Clarke stated, “It’s time to bring an end to a two-tiered system of justice in our country in which a person’s income determines whether they walk free or whether they go to jail.” U.S. Attorney Todd W. Gee added, “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.”
The Justice Department has met with city and police leaders to discuss the unlawful practice, and Lexington officials have pledged to work with the Justice Department to ensure that the collection of fines and fees complies with legal requirements. The city has also been informed that before a person can be imprisoned for failure to pay a fine or fee, the Constitution requires courts to first determine whether the person lacks the resources to pay.
The Justice Department’s Civil Rights Division is continuing its investigation into the City of Lexington and LPD. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Mandatory Facts:
- Defendant/Respondent: City of Lexington, Mississippi
- Exact Criminal Charges: Unlawful Detention
- City and State: Lexington, Mississippi
- Exact Date: November 8, 2023 (investigation opened)
- Sentence or Outcome: Ongoing investigation
- Dollar Amounts: None specified
Key Facts
- State: Mississippi
- Category: Civil Rights|Public Corruption
- Source: DOJ Press Release â†â€â€
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