The Institute for Justice, a Libertarian non-profit sues Brookside over its ‘criminal-justice system for profit’

The Institute for Justice, a Libertarian non-profit based in Virginia, on Monday filed a lawsuit against tiny Brookside, Ala., on behalf of four clients it claims were “subjected to intrusions and indignities” by a town that has relied on towing and criminalizing people to fill its coffers.

The Institute for Justice, a Libertarian non-profit sues Brookside over its ‘criminal-justice system for profit’ OPJSZMC6D5B2DMULJLCJ56YJUI

“Brookside’s policy, practice, and custom of relentlessly towing vehicles to generate ready cash for the Town violates the Due Process Clause of the Fourteenth Amendment,” the suit argues. “So, too, does the Town’s single-minded goal of exploiting its criminal-justice system for profit.”

The suit seeks to establish a class action for people harmed by the town of Brookside, by Jett’s Towing Co., which it used to tow and seize many vehicles, and police officer Marcus Sellers, who was involved in the arrest of one of the plaintiffs.

It asks a judge to certify two separate classes: One to include all people who have had vehicles towed by Jett’s Towing on behalf of Brookside Police since March 1, 2018; and another to include all people who received misdemeanor charges there in the same period.

“By relentlessly policing, ticketing, arresting, towing, prosecuting, and convicting Brookside residents and others, the Town has succeeded in maximizing its revenue, nearly all of which flows right back to the police department, with financial windfalls for the town attorney and municipal court as well,” it says.

The Institute for Justice has brought a number of high-profile suits on issues of fines and forfeitures, including the Timbs vs. Indiana case in which the U.S. Supreme Court unanimously ruled that constitutional prohibitions on excessive fines extend to state and local governments. Birmingham lawyer Bill Dawson, who has filed a number of lawsuits against Brookside, is co-counsel in the suit filed Monday afternoon.

The lawyers cite U.S. Supreme Court rulings that not only prohibit municipal courts from having a financial interest in obtaining convictions, but of having the appearance of a profit motivation. They say the High Court has held that prosecutors and police violate a defendant’s constitutional rights when they have a financial stake in bringing charges.

“Therefore, a municipality may not use or appear to use its municipal court, municipal prosecutor, or municipal police department to fund the municipality—including those very departments and individuals,” the suit says.

Brookside and its police department now face 12 lawsuits, or one for every 104 residents.

Wayne Jett, the owner of Jett’s Towing, referred comment to his lawyer, Jay Tidwell. Attempts to reach Tidwell were unsuccessful.

Immediate efforts to reach the other defendants were unsuccessful.

Plaintiffs in the lawsuit are Brittany Coleman, Brandon Jones, Chekeithia Grant, and Chekeithia’s daughter Alexis Thomas, all of whom were stopped by Brookside Police, were charged with misdemeanors and had their cars towed.

.https://www.al.com/news/2022/04/national-group-sues-brookside-over-its-criminal-justice-system-for-profit.html

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The Institute for Justice, a Libertarian non-profit sues Brookside over its ‘criminal-justice system for profit’

The Institute for Justice, a Libertarian non-profit sues Brookside over its ‘criminal-justice system for profit’

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Via AnCaps: Law & Enforced Unnatural Order