Thursday, October 6, 2022

Jackson Agrees to Consent Decree in Roadblock Lawsuit

 A consent decree will handcuff Jackson's roadblock program, better known as "Ticket, Arrest, & Tow." JPD began the program last year after the number of murders soared to record levels.  The roadblocks predictably generated no small amount of controversy.  Five Jackson residents sued the city of Jackson and JPD Chief James Davis in U.S. District Court on February 23, 2022.  The Mississippi Center for Justice represented the plaintiffs. 

The complaint accused JPD of illegal conduct: 

 1.    The Jackson Police Department is enforcing a set of roadblock procedures dubbed “Ticket Arrest Tow” (TAT) that has led to the disproportionate placement of vehicular roadblocks, or checkpoints, in majority-Black and low-income neighborhoods. Citizens in these areas who have done nothing wrong are routinely stopped and delayed as they go about their business because the City believes this is an effective method of crime control. But it is not.  More importantly, these wholesale stops of citizens in the name of crime control, without any reason to believe they have committed crimes, is a violation of their rights under the Fourth Amendment to the United States Constitution to be free of unreasonable searches and seizures. This class action is brought to vindicate their rights and to seek a court order prohibiting the City from implementing a scheme of unconstitutional roadblocks.

2.   The City has repeatedly confirmed the unconstitutional purpose of this policy, practice, and custom of using checkpoints to flush out men and women they want to apprehend for outstanding warrants, illegal gun possession, or other criminal offenses.

 

The lawsuit claimed there roadblocks targeted minority neighborhoods.  However, the vast majority of such roadblocks will probably be in such areas because Jackson is 83% black.  This correspondent has personally witnessed numerous roadblocks on Ridgewood, Old Canton Road, Wayneland, I-55 frontage road, and in Belhaven over the last year. 

The plaintiffs asked U.S. District Judge Kristi Johnson to enjoin JPD from continuing the roadblocks, especially in low-income and minority neighborhoods. The complaint also requests Court order JPD to establish a guidelines and monitoring for the checkpoints.  

The case did not even make it to the discovery phase as Jackson settled on September 30 and entered into yet another consent decree. The consent decree includes the following terms: 

* The decree will be in effect for four years unless extended by the Court. 

* JPD will adhere to the new policy (Exhibit A, p.7 below)

* JPD must provide a "quarterly" report on checkpoints.  The report shall include the locations for the roadblocks, date, supervisor, reason for the checkpoint, and the number of actions taken such as tickets, arrests, and searches. 

* A method for stopping vehicles (such as every third car) must be adopted. Only patrol services can set up roadblocks. 

* Command Staff must approve checkpoints. 

*  Police officers at checkpoints CAN NOT check for warrants as part of the standard operation. 

*  JPD can not arrests drivers for not having insurance

* JPD can not arrest drivers for driving with a suspended license if "JPD can know at the checkpoint that the suspension is for any reason other than a driving-related offense."  

Cars will not be automatically towed for arrestees.  The suspect can identify a person to take possession of the vehicle or leave it legally parked in lieu of having it towed.   JPD can only tow the vehicle as a last resort

* Towing company can not charge storage fee for cars retrieved within first 24 hours.  

* Towing fees are capped at 15% more than the current rates of $75 per per tow and $25 for storage of mid-weight cars. 

* This is a good one: 

1.   Special care is required to warn the approaching motorist of the checkpoint.
2.   Basic equipment may include, but is not limited to:
a.   Warning signs placed in advance of the safety checkpoint.

The consent decree was approved by the Court yesterday.


44 comments:

Anonymous said...

What a cave in-

Anonymous said...

"The Jackson Police Department is enforcing a set of roadblock procedures dubbed “Ticket Arrest Tow” (TAT) that has led to the disproportionate placement of vehicular roadblocks, or checkpoints, in majority-Black and low-income neighborhoods."



ummmmmmmmmmmmmm all of Jackson is black and low income.

EFGAlterEgo said...

So more murders. Will 2022 top 2021?

Anonymous said...

Clown World

Anonymous said...

"The lawsuit claimed there roadblocks targeted minority neighborhoods. However, the vast majority of such roadblocks will probably be in such areas because Jackson is 83% black."

FYI, 83% is not a minority.

Anonymous said...

Activist anti-police judge, what else would you expect. The order that the police can’t check for warrants is beyond ridiculous.

Anonymous said...

There is nothing wrong with roadblocks as they are not illegal. JPD failed to use common sense. They really got in trouble for towing vehicles. Allowing the person to have someone pick the car up is beyond reasonable and seems to favor the tow companies and their high fees. Also, not having insurance is not an arrestable offense. I remember they harassed a little old lady for not having insurance I think. I tho ink they know that old ladies aren’t the ones committing GB crimes in Jackson. Fighting crime requires the use of judgment and discernment.

Anonymous said...

This is just bullshit. I would venture to say that at least 60% of the drivers on the roads of Jackson MS do not have insurance. At least 40% have warrants. At least 50% don't have a valid driver's license.

How are these roadblocks any different than a DUI checkpoint in Madison or Rankin County?

Anonymous said...

@ 11:23. All of Jackson is not black and low income. That makes as much sense as saying all of Mississippi is white and backwards.

Anonymous said...

The difference is clear. The tow truck companies are owned by cousin Joe. Check new business registrations for towing companies for the 12 months prior to TAT. The whole thing was a racket.

Anonymous said...

Apparently, this action was creating improving crime reduction numbers. Why else would the city want to down size it?

Anonymous said...

Ha! They cribbed that Consent Order from the Madison County case a couple years ago. They even forgot to change the term "MCSO" in paragraph III.A.1!

Anonymous said...

Demoralize JPD, deplete the ranks of JPD officers, encourage the prosecution of officers, demagogue the value of police in the community, use the federal courts to promote lawlessness.

Success through failure. The Lumumba motto.

The Fisherman said...

JDB doesnt like fishing. They like CATCHING! ! !

That's why they fish where they do.

Anonymous said...

And the city just rolled over, of course, on these onerous restrictions. JPD is truly defanged now - a no pursuit policy and now this. We are well and truly fucked.

Anonymous said...

Imagine that, a city with a black administration in trouble for racial profiling. Ain't that something.

Anonymous said...

At the end of the day...isn't this what the majority of Jackson wants ?

Anonymous said...

"JACKSON STRONG" I feel safer now.

Anonymous said...

"FYI, 83% is not a minority."

Well, this "defund the police" type administration wasn't going to try to fight that point. It was just going to use this an excuse to stop doing one of the few effective tactics the City has employed in "attempting" to reduce crime.

Anonymous said...

"JPD can not arrests drivers for not having insurance."

Fair enough. The vehicle is insured, not the driver. Let the driver go and impound the vehicle.

Anonymous said...

COJ doing this to their citizens. How can that be racist? 95% of city employees are black. (I am NOT using the word minority because black people are the majority in Jackson MS)

Anonymous said...

Well JPD just move over out of the way when bullets start flying & don’t respond. If you chose to respond, go on every 4th call so as to not violate someone’s civil rights . Carry applications in hand and pass them out with every ticket and or warning given.

Anonymous said...

So, a small group of lawsuit filing activists and the city get together and settle a disagreement. The losers? Well, it is the decent folks who live around there who would actually like to be protected from murderers. It has to be discouraging to feel like you are pawns in between two parties who don't give a flip about your safety.

Anonymous said...

One evening just last week there was a JPD roadblock on North State Street, north of First Presbyterian Church and in front of the last remaining North State Street mansions. Hardly profiling.

Anonymous said...

1 call. That's all.

Anonymous said...

Does this apply to the new Capitol police?

EFGAlterEgo said...

1:39 PM
Can't do that either:

* Cars will not be automatically towed for arrestees. The suspect can identify a person to take possession of the vehicle or leave it legally parked in lieu of having it towed. JPD can only tow the vehicle as a last resort.

* Towing company can not charge storage fee for cars retrieved within first 24 hours.

* Towing fees are capped at 15% more than the current rates of $75 per per tow and $25 for storage of mid-weight cars.

EFGAlterEgo said...

I'd be looking for an exit if I was a JPD officer.

Kingfish said...

Don't blame the lawyer. I dealt with her when she was at Hinds SO and she is pretty pro law enforcement. The courts are responsible for much of what you are reading.

Anonymous said...

I don’t understand the City of Jackson NOT wanting the police department to stop crime, no matter where it is located in Jackson!
I would think that stopping crime would be welcomed. Guess I don’t really understand Jackson citizen!

Anonymous said...

I find it really bizarre that so many conservatives are willing to have government authorities disrupt their daily lives. If I'm peacefully going about my business, I should not be bothered by the police.

Anonymous said...

Crime is comparable to that of Tijuana, the streets are worse than those in more impoverished nations, No reliable utilities, Business and residents with an IQ over 100 have fled.

These decisions are becoming so poor, it is basically the COJ (passively) admitting they need to be placed in receivership.

They are simply accelerating the goal.

Kingfish said...

You got a point there. I might be in trouble.

Anonymous said...

"JPD can not arrest drivers for driving with a suspended license."

A standard function of road blocks is to get unlicensed drivers off the road. I guess they'll have to wait for the accused to fail to appear in court to answer for the ticket, then issue a bench warrant.

Jackson is now the only place I know of that doesn't make an arrest for driving on a suspended license.

I suspect the lone AG attorney was simply out-gunned on this one.

Anonymous said...

Paragraph 3 references MCSD. Neither the parties nor the court is even proofing this thing. (Facepalm). Trump Judge.

Anonymous said...

“I find it really bizarre that so many conservatives are willing to have government authorities disrupt their daily lives. If I'm peacefully going about my business, I should not be bothered by the police.”

People peacefully going about their “Business “could have no insurance, no tag or lapsed tag, outstanding warrants, no seat belt, unrestrained child, no valid license, and the list goes on ! It’s called policing for a reason. Keep on Jackson they don’t call it jackistan for no reason!
Lawless cities are war zones ! War zones know no color. Collateral damage shows no mercy!

Anonymous said...

Any Judge who would agree to such an agreement is weak, weak, weak and needs to find other employment.

Anonymous said...

The mayor and his minions got what they wanted. Now, they can handcuff the police with a legal excuse. "We can't violate the consent decree". This was predictable. Jackson's administration will not fight for effective police procedures no matter how bad the crime becomes. The social experiment continues...

Anonymous said...

This is soooo stupid.

Anonymous said...

It must have been working.

Anonymous said...

People are acting like they do not know what is going on. It is very simple. The people of Jackson do not have the same belief in laws as most people do. They want to be able to break the laws they do not agree with. They do not think it is fair to want them to obey the same laws as normal people.
They are willing to sacrifice the lives of their children just so they do not have to buy insurance or get license.

Anonymous said...


What a Dam Poor Excuse for a Judicial System interpretation.. Mayor of Jackson's Leadership is worse than a 3 Year Old & now the Judicial System adheres to the same junk.. I'm certaINLY HOPING THE STATE & FEDERAL FUNDS ARE HANDLED TOTALLY different than this--

Anonymous said...

I remember watching the Cops show featuring Memphis Tennessee police department. A female police officer stopped a elderly men for a traffic violation. He had no drivers license. The Officer would not let him drive and asked him to call someone with a driver license. He called about 3 or 4 friends and no luck! He turned to the Officer and stated, “officer no one I know in the hood has a drivers license”.

The Officer did not want to leave his work truck on the side of the road with his work tools in it.

A little common sense goes a long way! Community Policing.

Anonymous said...

A driver license has become just another tax. MS no longer requires/provides an on-the-road test and the written test can easily be passed. It's a tax.


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