Case: Reed v. City of Ferguson

On December 8, 2014, a class of citizens of Missouri who had been assessed warrant fees by the City of Ferguson filed this lawsuit in the Circuit Court of St. Louis County in the State of Missouri. The plaintiffs sued the defendant, the City of Ferguson, under state law. The plaintiffs, represented by ArchCity Defenders, sought declaratory relief, injunctive relief, compensatory damages, punitive damages, disgorgement, and attorneys' fees. The plaintiffs alleged that the City of Ferguson violated state law by assessing fees to recall warrants, and that the fees were implemented deceptively and recklessly, with the sole intention of generating profit.

The plaintiffs sought to certify a class composed of citizens who have paid warrant fees to the City, as well as citizens who currently have pending fees with the City. The complaint alleged that the City's actions broke state law. The plaintiffs further contended that the City unjustly enriched itself by profiting from the illegal fees. The plaintiffs argued that the City knew or had reason to know the fees were illegal. Thus, the fees were assessed recklessly and negligently on the citizenry. The complaint noted that the fees created financial and personal consternation for the plaintiffs. The fees, the plaintiffs argued, created distrust in the community by leading to increased financial stress and incarceration for its members.

The complaint was amended on March 23, 2015. The court denied a motion to dismiss that was filed by the defendants, and also denied a motion to reconsider that decision. The case was reassigned to Judge Joseph S. Dueker on June 15, 2016. On March 22, 2018, the court granted plaintiff's motion for class certification. It was composed of citizens who had been assessed warrant fees by the city and paid them, and citizens who currently have pending fees with the city. Discovery continued through 2019.

A jury trial had been scheduled, but on March 24, 2020, the court preliminarily approved a settlement agreement. Subsequently, on May 6, 2020, the court ordered its final approval of the settlement, which included approximately $5.9 million in benefits to the plaintiff class. Warrant fees and failure to appear fees that were assessed but not paid were entirely forgiven. And the class of people who paid the fees could receive 80 percent of what they paid back in a refund. Attorneys' fees for the plaintiffs' counsel totaled $400,000.

In light of the final settlement agreement, we do not believe that this case is still ongoing.