Challenging Debtors’ Prison Practices in Ferguson
Fant et al. v. City of Ferguson
In 2015, we filed a landmark challenge to the City of Ferguson’s conversion of its legal system into a mechanism for generating revenue. The lawsuit sought justice for thousands of people who alleged that Ferguson routinely violated their constitutional rights by jailing them in deplorable conditions and without the necessary legal process because they could not pay money to the City. The case was litigated by Civil Rights Corps, ArchCity Defenders, the St. Louis University School of Law Civil Litigation Clinic, and White & Case LLP.
Unlike its neighbor, the City of Jennings, which settled our case against it by paying the almost 2,000 people who were illegally jailed and by reforming its entire municipal court system through a federal consent decree, Ferguson continued to fight us in federal court for years. During this time two of the named plaintiffs died, including lead plaintiff Keilee Fant.
On February 27, 2024, after nine years of litigation, a federal judge approved a $4.5 million settlement. The settlement amount will be paid out to over 15,000 people who were jailed by the City of Ferguson between February 8, 2010, and December 30, 2022 over unpaid fees.
Beyond financial compensation for the class members, this work set a powerful precedent for systemic changes that will have a longer-term impact. Since the filing of this lawsuit, the City has reformed its policies. In comparison to 23,832 tickets and 32,907 warrants issued in 2014, Ferguson has issued 3,114 tickets and 1,893 warrants in 2020. Municipal court revenue from these improper actions in Ferguson shrank from US$2 million in 2014 to US$200,000 in 2023. The United States District Court for the Eastern District of Missouri’s June 2022 class certification decision has also been cited by several courts and litigants, paving the way for future challenges to similar unconstitutional practices.
Media Coverage:
Missouri cities sued over municipal court practices | Washington Post | Feb 8, 2015
Ferguson One of 2 Missouri Suburbs Sued Over Gantlet of Traffic Fines and Jail | New York Times | Feb 8, 2015
Partners:
White & Case LLP
St. Louis University School of Law Civil Litigation Clinic
Filings:
Order Denying Third Motion to Dismiss (Feb 13, 2018)
Order Denying Second Motion to Dismiss (Nov 15, 2016)
Plaintiffs' Response to Second Motion to Dismiss (May 18, 2016)
Amended Complaint (Apr 13, 2016)
Original Complaint (Feb 8, 2015)
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Hester v. Gentry. In 2018, Civil Rights Corps and partners filed a lawsuit alleging that hundreds of people in Cullman County, Alabama, are routinely jailed before trial due to their inability to pay bail in exchange for their release.


