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Case: Gibbs v. City of Jackson, Mississippi

3:22-cv-00099 | U.S. District Court for the Southern District of Mississippi

Filed Date: Feb. 23, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Jackson Police Department’s policy known as “ticket, arrest, and tow” (TAT), under which the police department installed a disproportionate number of vehicular roadblock checks in majority Black and low-income neighborhoods, justifying them as necessary for crime control.  On February 23, 2022, individuals who had encountered or were likely to encounter roadblocks established by the Jackson Police Department for purposes of general crime control filed this lawsuit in th…

This is a case about the Jackson Police Department’s policy known as “ticket, arrest, and tow” (TAT), under which the police department installed a disproportionate number of vehicular roadblock checks in majority Black and low-income neighborhoods, justifying them as necessary for crime control. 
 
On February 23, 2022, individuals who had encountered or were likely to encounter roadblocks established by the Jackson Police Department for purposes of general crime control filed this lawsuit in the United States District Court for the Southern District of Mississippi. The plaintiffs sued the city of Jackson, Mississippi under 42 U.S.C. § 1983, alleging that the policy violated their Fourth Amendment rights. The case was assigned to Judge Kristi H. Johnson and Magistrate Judge Michael T. Parker.
 
Represented by the Mississippi Center for Justice, the plaintiffs sought declaratory and injunctive relief, class certification, and attorneys’ fees. The plaintiffs specifically sought a declaration that the defendant’s practices were unconstitutional, as well as an order enjoining the defendant from continuing to use the roadblocks and requiring them to establish a system of monitoring so that no further unconstitutional roadblocks were established. 
 
The plaintiffs claimed that the police department violated their Fourth Amendment right against unreasonable searches and seizures by stopping citizens absent any reason to believe that they had committed a crime. The plaintiffs noted that the police department had publicly acknowledged that the reason for the roadblocks was to apprehend individuals that had already committed crimes. The plaintiffs asserted that the roadblocks caused delays for Jackson citizens, either because they had to stop or because they had to take a longer route in order to avoid the roadblocks. The plaintiffs also pointed to prior precedent in which the Supreme Court had determined that the types of stops employed in Jackson were unreasonable in support of their argument. Defendants were employing wholesale stops where every motorist was being stopped without the police having any reason to believe they had committed a crime. The Supreme Court said that these stops could not be justified just because of the "ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime." City of Indianapolis v. Edmond, 531 U.S. 32, 42 (2000). The plaintiffs also alleged a difference in treatment of motorists who were white and motorists who weren’t, claiming that drivers who were white were often waved through the roadblocks without needing to provide their license information whereas minority motorists were routinely stopped and would have to seek out alternative and longer routes in order to avoid the stops. Even when some white motorists were asked to provide their information, the plaintiffs asserted, the officers conducting the search did not take their licenses for inspection before waving them through. 
 
On September 23, 2022, the parties announced that they had reached a settlement. On October 5, 2022 the court entered a consent decree and dismissed the plaintiffs’ claims with prejudice. Under the consent decree, the defendants agreed to comply with a new checkpoint policy prohibiting checkpoints for the purpose of general crime control or deterrence, narcotics interdiction, or checking for outstanding warrants. The defendants also agreed to provide training on the new policy to personnel. Finally, the defendants agreed to provide data regarding the checkpoints to the plaintiffs on a quarterly basis. The consent decree was to remain in place for 4 years, unless the court were to find that defendants had not substantially complied, in which case the term could be extended. As of October 27, 2022, this case was ongoing. 

Summary Authors

Rhea Sharma (10/13/2022)

Documents in the Clearinghouse

Document
1

3:22-cv-00099

Class Action Complaint

Complaint

Feb. 23, 2022

Feb. 23, 2022

Complaint
18

3:22-cv-00099

Order and Consent Decree

Morgan v. City of Jackson, Mississippi

Oct. 5, 2022

Oct. 5, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63112678/gibbs-v-city-of-jackson-mississippi/

Last updated Oct. 12, 2022, 12:02 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Jackson, Mississippi, James E. Davis (Filing fee $402 receipt number AMSSDC-4773911), filed by Anita Gibbs, Lauren Rhoades, Archie Skiffer, Timothy Halcomb, LaQuenza Morgan. (Attachments: # 1 Civil Cover Sheet)(VM) (Entered: 02/24/2022)

Feb. 23, 2022

Feb. 23, 2022

Clearinghouse
2

Summons Issued as to City of Jackson, Mississippi, James E. Davis. (VM) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
3

NOTICE of Appearance by J. Cliff Johnson, II on behalf of Anita Gibbs, Timothy Halcomb, LaQuenza Morgan, Lauren Rhoades, Archie Skiffer (Johnson, J.) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
4

NOTICE of Appearance by Jacob W. Howard on behalf of Anita Gibbs, Timothy Halcomb, LaQuenza Morgan, Lauren Rhoades, Archie Skiffer (Howard, Jacob) Modified on 2/28/2022 (KNS). (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER

Docket Annotation

Feb. 28, 2022

Feb. 28, 2022

PACER

DOCKET ANNOTATION as to # 4 : Docket entry corrected to add each Plaintiff. (KNS)

Feb. 28, 2022

Feb. 28, 2022

PACER
5

MOTION to be Removed as Plaintiff by Anita Gibbs (Johnson, J.) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
6

ORDER granting 5 Motion Gibbs's Removed as Plaintiff. IT IS HEREBY ORDERED that the Motion to be Removed 5 is GRANTED. Plaintiff Anita Gibbs is DISMISSED without prejudice from this action. Signed by District Judge Kristi H. Johnson on 3/22/2022 (VM) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
7

ORDER and Notice to Plaintiff. Signed by Magistrate Judge Michael T. Parker on June 6, 2022 (KPM) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
8

***ERROR***DISREGARD THIS ENTRY***AFFIDAVIT of Service for Proof of Service of Complaint served on City of Jackson on 06/14/2022, filed by Anita Gibbs. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
9

***ERROR***DISREGARD THIS ENTRY***AFFIDAVIT of Service for Proof of Service of Complaint served on Chief James E. Davis on 06/14/2022, filed by Anita Gibbs. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
10

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Timothy Halcomb. City of Jackson, Mississippi served on 6/14/2022, answer due 7/5/2022. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
11

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Timothy Halcomb. James E. Davis served on 6/14/2022, answer due 7/5/2022. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
12

SUMMONS Returned Executed by Lauren Rhoades, Archie Skiffer, Timothy Halcomb, LaQuenza Morgan. City of Jackson, Mississippi served on 6/14/2022, answer due 7/5/2022. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
13

SUMMONS Returned Executed by Lauren Rhoades, Archie Skiffer, Timothy Halcomb, LaQuenza Morgan. James E. Davis served on 6/14/2022, answer due 7/5/2022. (Johnson, J.) Modified on 6/14/2022 (KNS). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER

DOCKET ANNOTATION as to #s 8 and 9 : Incorrect event chosen. This document should have been docketed as Summons Returned Executed. Attorney is directed to refile using the correct event Summons Returned Executed. Additionally, Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer.Save the file with an appropriate name in a folder.E-file the electronically converted PDF form, not the form which was filled in and saved. (KNS)

June 14, 2022

June 14, 2022

PACER

DOCKET ANNOTATION as to #s 10 and 11 : Incorrect documents attached. Attorney correctly refiled, Docs. 12 and 13. (KNS)

June 14, 2022

June 14, 2022

PACER

Docket Annotation

June 14, 2022

June 14, 2022

PACER
14

ANSWER to 1 Complaint with Jury Demand by City of Jackson, Mississippi, James E. Davis.(Barker-City Gov, Claire) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
15

Rule 16(a) Initial Order: Telephonic Case Management Conference set for 8/11/2022 10:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 8/5/22. (KPM) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
16

NOTICE of Appearance by Drew McLemore Martin on behalf of All Defendants (Martin, Drew) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER

Rule 16(a) Notice

July 6, 2022

July 6, 2022

PACER

Rule 16(a) order mailed to Drew McLemore Martin (KPM)

July 6, 2022

July 6, 2022

PACER

Reset Hearings: Telephonic Case Management Conference reset for 9/13/2022 9:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 9/6/22. (KPM)

July 19, 2022

July 19, 2022

PACER

Set/Reset Hearings

July 19, 2022

July 19, 2022

PACER

Set/Reset Hearings

Sept. 2, 2022

Sept. 2, 2022

PACER

Reset Hearings: At the request of counsel, the Telephonic Case Management Conference is reset for 9/27/2022 10:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 9/20/22. (KPM)

Sept. 2, 2022

Sept. 2, 2022

PACER
17

NOTICE of Appearance by Robert B. McDuff on behalf of All Plaintiffs (McDuff, Robert) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER

***Hearings terminated (9/27/22 TCMC) (KPM)

Sept. 23, 2022

Sept. 23, 2022

PACER

Terminate Deadlines and Hearings

Sept. 23, 2022

Sept. 23, 2022

PACER

Order

Sept. 23, 2022

Sept. 23, 2022

PACER

TEXT ONLY ORDER: The parties having announced a settlement, the case management conference set for 9/27/22 is hereby cancelled. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on September 23, 2022 (KPM)

Sept. 23, 2022

Sept. 23, 2022

PACER
18

ORDER AND CONSENT DECREE - IT IS, THEREFORE, ORDERED AND ADJUDGED that the parties to this Consent Decree shall comply with the terms set forth therein. Plaintiffs' claims are dismissed with prejudice, subject to the ongoing authority of this Court to enforce the Consent Decree. Signed by District Judge Kristi H. Johnson on 10/5/2022 (VM) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

Clearinghouse

Case Details

State / Territory: Mississippi

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 23, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who have encountered or likely will encounter roadblocks established by the Jackson Police Department for purposes of general crime control.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Jackson (Jackson, Hinds), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - 2026

Content of Injunction:

Reporting

Training

Issues

Discrimination-basis:

Race discrimination

Race:

Black