Second Successful Constitutional Class Action for TZ Effectively Ends Alleged Debtors’ Prisons in Florissant, Missouri
On May 13, 2024, the United States District Court for the Eastern District of Missouri granted final approval to a $2.89 million class action settlement in a case alleging that the City of Florissant implemented an unconstitutional “pay-to-play” arrest and detention scheme, essentially establishing a debtors’ prison in the City.
Plaintiffs alleged that Florissant arrested impoverished individuals for failing to pay minor municipal fines or failing to appear in its municipal court, giving them the choice to either sit in jail without due process or pay an insurmountable amount for their release, without considering their ability to pay. They also alleged that Florissant failed to bring arrestees before a judge and coerced class members to pay fines, costs, and/or fees under threat of incarceration.
The Court certified three classes in its heavily contested class certification order and, later, one additional settlement class. The Court appointed Andrea R. Gold of Tycko & Zavareei LLP, Nathaniel Carroll, Maureen Hanlon, and Blake Strode of ArchCity Defenders, Inc., and Ryan Keane of Keane Law LLC as Class Counsel.
The Court noted this was a complex case involving constitutional law, sovereign immunity, and municipal liability issues. The Court’s final approval of the settlement marks a significant victory for the Plaintiffs and over 75,000 Class members, providing meaningful benefits and relief from Florissant’s alleged unconstitutional practices.
Not only does the Settlement provide for significant cash payments to Class members, but it requires Florissant to take several steps to end its alleged operation of a debtors’ prison in the City. Specifically, the Settlement requires that the City end any use of “bond schedules” by its Police Department and jail; forgive all unpaid minor traffic violation debts of Class Members over an approximately 8 year period; implement a policy to provide all arrested persons with unconditional access to indigency forms and, unless released, a timely indigency hearing after booking; and provide legal counsel for unrepresented individuals who have been declared indigent and are being held and brought before the municipal judge for potential jail time or posting of a bond.
The case is Baker, et al. v. The City of Florissant, Case No. 4:16-cv-1693-RHH in the United States District Court for the Eastern District of Missouri, Eastern Division.
Read the previous article about preliminary approval of the settlement here.