Lexington, Mississippi Under The Feds Radar!

U.S. Justice Department warns Lexington, Mississippi. The small rural town had a notorious history of stopping Black and Hispanic motorists.

The U.S. Justice Department is launching an investigation into the practices of a small rural town in Mississipi. The city of Lexington has a population of 1,300 residents. It is a majority Black city but the police force engaged in a pattern of racially profiling residents and travelers.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, announced the findings of the investigation into the city of Lexington and Lexington Police Department during a Zoom conference Thursday.

Specifically, the Justice Department finds that LPD unlawfully

• Arrests, jails and detains people who cannot pay fines or fees, without assessing their ability to pay;
• Uses excessive force;
• Conducts stops, searches and arrests without probable cause, including jailing people on illegal “investigative holds” and arresting people solely because they owe outstanding fines;
• Imposes money bail without justification or assessment of ability to pay;
• Jails people without prompt access to court;
• Violates the rights of people engaged in free speech and expression, including by retaliating against people who criticize the police;
• Discriminates against Black people; and
• Operates under an unconstitutional conflict of interest because LPD’s funding depends on the money it raises through its enforcement.

“Today’s findings show that the Lexington Police Department abandoned its sacred position of trust in the community by routinely violating the constitutional rights of those it was sworn to protect,” said Attorney General Merrick B. Garland. “The Justice Department’s investigation uncovered that Lexington police officers have engaged in a pattern or practice of discriminating against the city’s Black residents, used excessive force, and retaliated against those who criticize them. Additionally, Lexington’s approach to fines and fees — including unlawfully arresting, jailing, and detaining people based on their failure to pay money without assessing if they can afford to do so — has been devastating for its residents. Being poor is not a crime, but practices like these amount to punishing people for poverty. People in that community deserve better, and the Justice Department is committed to working with them, the City, and the Police Department to make the City safer for all its citizens.”

“Public safety depends on public confidence in our justice system,” said Deputy Attorney General Lisa Monaco. “The Lexington Police Department’s incarceration of individuals because they could not afford to pay fines — as detailed in today’s findings report — undermined that confidence and violated the civil rights of Lexington residents. I’m grateful to the Civil Rights Division for its thorough investigation and continued work to address these findings.”

“Lexington is a small, rural community but its police department has had a heavy hand in people’s lives, wreaking havoc through use of excessive force, racially discriminatory policing, retaliation, and more. In every corner of our country, police officers must respect people’s constitutional rights and treat people with dignity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “After an extensive review, we found that police officers in Lexington routinely make illegal arrests, use brutal and unnecessary force, and punish people for their poverty — including by jailing people who cannot afford to pay fines or money bail. For too long, the Lexington Police Department has been playing by its own rules and operating with impunity — it’s time for this to end. Our findings report furthers the Justice Department’s commitment to ensuring fairness and the rule of law.”

“Police have the authority to enforce the law, not to act as debt collectors for the City, extracting payments from the poor with threats of jail,” said U.S. Attorney Todd Gee for the Southern District of Mississippi. “No matter how large or small, every police department has an obligation to follow the Constitution.”

Based on the department’s investigation, over the past two years, LPD has made nearly one arrest for every four people in town, primarily for low-level offenses and traffic violations. That is more than 10 times the per capita arrest rate for Mississippi as a whole. Many of these arrests were for non-criminal conduct, like owing outstanding fines and using profanity. Most of those arrested are Black people. In 2023, Black people were 17.6 times more likely to be arrested by LPD than white people were.

When making low-level arrests, LPD uses tactics normally reserved for serious offenses. For example, LPD officers broke down a Black man’s door to arrest him for swearing at a public official. In another case, while attempting to arrest a man for having a tinted windshield, officers followed the man’s car to his house, forced their way into his home, and tased him for 15 seconds. On the same day the Justice Department opened the investigation, LPD officers chased a man accused only of disturbing a business and tased him nine times.

Change the policy or else.

LPD’s enforcement strategy has put hundreds of people in debt to the police department. In a town of about 1,200 people, the total sum of outstanding fines owed to LPD is more than $1.7 million.

The department also found that LPD lacks any meaningful accountability system and that people experiencing poverty who are accused of crimes in Lexington regularly lack access to counsel, both of which allow LPD’s misconduct to continue unchecked.

The Justice Department opened its investigation on Nov. 8, 2023. Career attorneys and staff in the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Southern District of Mississippi conducted the investigation. The team was assisted in this investigation by experts in law enforcement practices. The team conducted an extensive review of LPD’s records, including hundreds of arrest reports and municipal court records and hundreds of hours of body-worn camera footage. The team also interviewed City and LPD leadership and line officers, accompanied officers on ride-alongs, observed the Lexington Municipal Court, and met with dozens of community members.

In February, while the investigation was ongoing, the department issued a letter to the City of Lexington raising significant concerns regarding their practice of jailing people for unpaid fines without first assessing whether they can afford to pay them.

The City and LPD cooperated fully with the investigation. The City and LPD have committed to working cooperatively with the department to address the violations identified in the department’s findings.

The department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law. Section 12601 authorizes the Attorney General to file a lawsuit in federal court seeking court-ordered remedies to eliminate a pattern or practice of unlawful conduct.

This investigation reflects the Justice Department’s efforts to ensure constitutional policing and to combat unlawful practices with respect to fines and fees. The department previously addressed policing for profit in its findings on the Ferguson Police Department in Missouri in 2015. The consent decree that followed has resulted in the dismissal of about 63,000 citations and a reduction of over $1 million in fines and fees. In July 2022, the department filed a Statement of Interest in Coleman v. Brookside, explaining that judges, prosecutors, and police violate the Constitution when they are motivated by profit rather than justice. And in April 2023, the department issued a Dear Colleague Letter containing updated guidance on fines and fees for state and local courts.

The department will be conducting outreach to members of the Lexington community for input on remedies to address the department’s findings. Individuals may submit recommendations to Community.LexingtonMS@usdoj.gov.

The Justice Department will hold a public community meeting on Sept. 26 at 6:00 p.m. CT at St. Paul C.O.G.I.C. Fellowship Hall, 17214 Highway 17 South, Lexington, MS 39095. Members of the public are encouraged to attend.