We believe that public safety can and should be equally available to all Mississippians, regardless of where they live or their race, and that people should be treated equally by any system designed to deliver public safety. But from policing, prosecution and the courts, systemic racism and injustice pervade Mississippi’s criminal legal system. For example, Mississippi currently “locks up a higher percentage of its people than any independent democratic country on earth,” and we are no safer for it. Discriminatory criminal justice policies keep Mississippi at the bottom of nearly every indicator of human well-being and denies Black and low-income residents the chance at a better life.
Litigation: Selected Cases
Saunders v. Randolph — We brought a successful challenge under the Mississippi Constitution to a law (2023 HB 1020) that requires the Chief Justice of the state supreme court to appoint four judges to the elected bench of the Hinds County Circuit Court. The appointed judges did not need to be elected or from Hinds County, which is 74% Black. We also challenged the part of the law that created a new court (the Capital Complex Improvement District, or CCID, court). Defendants in the court had no clear right to appeal and its judges can send misdemeanants to state prison. It’s constituents include the whitest neighborhoods in Jackson—a city that is otherwise over 80% Black. The bill was the subject of months of protests across the city. As a result of the challenge, the Mississippi Supreme Court struck down the Hinds County Circuit Court appointed judgeships and recognized a right of appeal in the CCID Court. The plaintiffs—Mississippi residents Ann Saunders, Sabreen Sharrieff, and Dorothy Triplett—were represented by MCJ, The MacArthur Justice Center, the ACLU of Mississippi, and the Legal Defense & Educational Fund (LDF).
Gibbs v. City of Jackson — We successfully challenged the Jackson Police Department’s roadblock policy known as “Ticket, Arrest, and Tow.” We brought the constitutional challenge in federal court with the Mississippi Alliance for Public Safety (MAPS) and on behalf of Mississippians who regularly drove in the majority Black and low-income neighborhoods where the roadblocks were disproportionately located. Under the 2022 consent decree, the City agreed to comply with a new checkpoint policy. It bans roadblocks for the purpose of checking for warrants or general crime control, it caps towing-related fees, and it requires drivers be given informational fliers at any checkpoints. The City also agreed to provide data regarding checkpoints to the plaintiffs on a quarterly basis. The plaintiffs—Lauren Rhoades, Archie Skiffer, Timothy Halcomb, LaQuenza Morgan—were represented by MCJ and The MacArthur Justice Center. Settlement materials and more information are available here.
State v. Curtis Flowers — After the conviction and death sentence from Curtis Flowers’ sixth trial was reversed by the U.S. Supreme Court, our Impact Litigation Director, Rob McDuff, was asked to lead his defense for a potential seventh trial. Our bail motion was granted in December 2019 leading to his release after 23 years in prison. Subsequently, we persuaded the Attorney General of Mississippi to dismiss all charges, bringing this tragic prosecution of an innocent man to an end on September 4.
Waddell v. Cain — In this case where we and our partners challenged the woefully inadequate COVID-19 prevention and mitigation measures at Mississippi’s two largest prisons, we negotiated an agreement with prison officials which led to extensive improvements. More information is available here. The plaintiffs – Brittany Waddell, Roger Ewing, Tony Smith, Daniel Hatten, Douglass Triplett, Erik Lewis, Bob Henderson, Thomas Holder, and Jamarcus Davis – were represented by MCJ, The MacArthur Justice Center, ACLU of MS, Hogan Lovells US LLP, and Whitburn & Pevsner, PLLC.
Marshall Project v. MDOC & MTC — We represented the Marshall Project, a renowned investigative news organization focusing on criminal justice issues, in litigation over its effort to obtain records regarding operations of Mississippi’s private prison contractor. The court ordered the records to be disclosed. The plaintiff was represented by MCJ and Hawkins Law, P.C.
Advocacy and Policy
- Stand up against police misconduct in Mississippi: Use and share the MS COP WATCH form to tell us about police misconduct, roadblocks, and local cops working with ICE.
- Assist victims of police killings: If your loved one was killed by law enforcement in Mississippi, we can try to help you get basic records through the Mississippi Public Records Act. Fill out this form.
- Build restorative justice alternatives to incarceration: We are providing legal support to community-based partners to create a survivor-centered restorative justice diversion program in Mississippi.
- Monitor Jackson’s Capitol Complex Improvement District (CCID) Court: We provide court monitoring support for the MacArthur Justice Center’s CCID Court monitoring project, which is related to our joint challenge to the court’s existence.
- Provide real-time legal tracking, advocacy tools, and legislative analysis: Provide legal analysis and policy tracking re: criminal legal issues, particularly regarding voting rights restoration for people convicted of disenfranchising crimes.
Resources
- Many Mississippians with felony convictions can vote. Can you?: Your right to vote is NEVER taken away by a misdemeanor, federal, or out-of-state conviction Your right to vote is ONLY taken away by a felony-level conviction in a Mississippi state court of one 23 crimes. Visit our EVERY MISSISSIPPIAN VOTING GUIDE for more info.
- How can we help you? Fill out an Impact Campaign Contact Form to let us know.
- Have you are others been mistreated by police? Use and share the MS COP WATCH form to tell us about police misconduct, roadblocks, and local cops working with ICE.
- Support protesters for racial or economic justice. Learn about becoming a Legal Observer or having MCJ’s Legal Observer program support your protest.
- Make your voice heard at the ballot box! Use our Civic Engagement tools to get you and your community involved in elections and in holding elected officials accountable.