On Thursday, August 20th, a very disturbing Class Action Lawsuit (attached in entirety) was filed in the U.S. District Court for the Middle District of Alabama Northern Division, against:
- Todd Strange, Mayor of the City of Montgomery, in his individual capacity
- The City of Montgomery, Alabama
- Ernest Finley, Jr., Chief of Police of the City of Montgomery, in his individual capacity
- Kevin Murphy, Former Chief of Police of the City of Montgomery, in his individual capacity
- Les Hayes, III Presiding Judge of the Municipal Court of the City of Montgomery, in his individual capacities
- Judicial Correction Services, I C., a corporation
Filed 5 days before the upcoming mayoral election on August 25th, this critical news has not been reported* by the any local television or print news outlets. The people of Montgomery, Alabama – consisting of its’ taxpayers, citizens, and VOTERS absolutely need to know about this major lawsuit which ultimately affects them and the potential leadership of the city. Particularly so because the mayoral election is now only 3 days away.
Case Number 2:15-cv-463-WKW-WC
The class action lawsuit was not only filed on behalf of the 10 named Plaintiffs, BUT ALSO ON BEHALF OF ANY UNNAMED PLAINTIFFS YET INCLUDED IN THE SUIT.
A class action lawsuit can be explained as one which is “open” to ALL individuals / parties who have been victimized by the same defendants, for the same alleged offenses, in order for victims/plaintiffs to join in the law suit for legal damages.
ALSO, THE PUBLIC SHOULD KNOW THAT THIS IS NOT A NEW MATTER, NOR IS IT A POLITICAL PLOY. As you will see in the court document, this amended class action lawsuit results from nearly two years of legal entanglement with the City, Mayor Strange, Judge Les Hayes, the City Police Department, Judicial Correction Services, and all other named Defendants.
Sources say that “political road blocking” , bureaucracy, and favoritism has resulted in lacking media coverage of this highly important legal matter which affects the general public of Montgomery, Alabama.
Sources also report that many tactics were employed by City representatives which stalled, delayed and ultimately ATTEMPTED TO BLOCK THE LAWSUIT FROM BEING FILED IN COURT UNTIL AFTER THE CITY ELECTION.
Again, this Class Action Lawsuit was filed on behalf of the 10 named Plaintiffs, AND ON BEHALF OF ANY UNNAMED PLAINTIFFS YET INCLUDED IN THIS SUIT WHO HAVE BEEN VICTIMS OF:
- “Punishing a person for his poverty” by arresting and incarcerating individuals such as Plaintiffs because of their inability to pay court-ordered monies, including fines, fees, costs, restitution, surcharges or bonds, violates long-established federal constitutional principles of equal protection and due process as well as other state
and federal laws.
2. Plaintiffs are individuals who have been subjected to a “judicial [and law enforcement] extortion racket,” including a modern day “debtors’ prison, as part of a scheme designed to increase municipal budgets by using the City of Montgomery’s law enforcement and courts to generate and collect revenue rather than to protect public safety and to administer justice. This scheme has been implemented through illegal policies, practices or customs, including but not limited to, unlawful stops, ticketing and arrests; racial profiling and targeted stops, ticketing and arrests of African Americans; extortionate imposition and collection of fines, fees, costs, restitution, surcharges and bail or bond and related charges, including through imprisonment for nonpayment; the use of threatened and actual probation revocation as a means of collection of these debts; and the use of coerced jail labor. Through the adoption and implementation of these policies, practices or customs, Defendants have trapped Plaintiffs in a cycle of debt by preying upon the City’s largely voiceless poor and minority residents to pay the City’s bills and replenish its public coffers
3. The extortionate imposition and collection of fines, fees, costs, restitution, surcharges and bail or bond and related charges, including through imprisonment for nonpayment; the use of threatened and actual probation revocation as a means of collection of these debts; and the use of coerced jail labor. Through the adoption and implementation of these policies, practices or customs, Defendants have trapped Plaintiffs in a cycle of debt by preying upon the City’s largely voiceless poor and minority residents to pay the City’s bills and replenish its public coffers.
4. The extortionate scheme composed of these illegal policies, practices and customs has been operated by the Defendants City of Montgomery, Mayor Todd Strange, Chief of Police Ernest N. Finley, Jr., Former Chief of Police Kevin Murphy, Presiding Municipal Court Judge Les Hayes, III, and Judicial Correction Services, Inc. (hereinafter referred to as “JCS”). Plaintiffs allege that all Defendants have acted under color of state law and as state actors in pursuing a pervasive intentional and deliberate scheme of acts and omissions through systemic and related policies, practices and customs that separately, and taken together, caused injuries to Plaintiffs that violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the Fourth, Sixth, Eighth and Thirteenth Amendments (and related anti-peonage laws), 42 U.S.C. § 1981, Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000(d), et seq., the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as constitute state law violations of false imprisonment (including false arrest), abuse of process, and support a claim for money had and received under Alabama law.
5. The named Plaintiffs bring this case individually, and as representatives of proposed classes of similarly situated individuals who have been or will be similarly injured by Defendants’ policies, practices or customs. Plaintiffs seek compensatory, punitive and treble damages, as well as declaratory and injunctive relief, to redress their personal injuries (including humiliation, anxiety, stress, emotional distress, and other injuries) and the injuries to their real or personal property that they have suffered, or face a real and imminent threat of suffering, as the direct and proximate result of the Defendants’ challenged policies, practices or customs.
Please see attached a copy of the COMPLETE OFFICIAL LAWSUIT for more information. Class Action Suit Against Mayor and City Officials
THIS IS A VERY SERIOUS LEGAL CASE AGAINST MAYOR STRANGE, JUDGE HAYES, THE CITY OF MONTGOMERY, AND ALL NAMED DEFENDANTS.
Lawsuits such as this affect the City overall, including its’ taxpayers, citizens and voters – and most importantly:
the leadership of the City.
TELEVISED AND PRINT NEWS REPORTS OF THIS CRITICALLY URGENT LEGAL MATTER, WHICH HAS A DIRECT AFFECT ON THE CITY AND IT’S CITIZENS. SHOULD BE MADE AVAILABLE TO THE PEOPLE OF MONTGOMERY, ALABAMA IMMEDIATELY – ESPECIALLY SO, BECAUSE THE CITY ELECTION FOR MAYOR AND CITY COUNCIL IS ONLY 3 DAYS AWAY ON AUGUST 25th.
Please be advised that http://www.civilrightsagenda.com submitted this official, filed, legal court document in its entirety to WSFA Channel 12 and WAKA Channel 8 on Friday afternoon, 8/21/15.
*As of the time and date of this article’s publication, www.civilrightsagenda.com has received no knowledge of any news reports on this matter by Montgomery, Alabama local media outlets.
By: M. Kita Williams, Founder