In June 2024, White & Case—partnering with ArchCity Defenders, Civil Rights Corps and the St. Louis University School of Law Civil Litigation Clinic—obtained a US$4.5 million settlement in a class-action lawsuit against the City of Ferguson, Missouri. The suit, originally filed in 2015, claimed that the City’s use of debtors' prisons routinely violated the US Constitution.

Our clients alleged that the City of Ferguson preyed upon thousands of its most vulnerable residents to raise revenue. Specifically, they claimed the City routinely jailed indigent and low-income residents, often from the Black community, in deplorable conditions without due process or access to counsel, for an inability to pay fines and fees associated with minor municipal violations such as traffic tickets. This practice, commonly known as a debtors' prison, generated significant revenue for the City through various fines and fees.  

Following the police killing of Michael Brown in 2014, the US Department of Justice (DOJ) opened an investigation into the City's police department, during which the DOJ confirmed the City's use of debtors' prisons. The DOJ published its findings in a 2015 report that ultimately "revealed a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments" and highlighted the troubling experiences of many Ferguson residents. For instance, the report described a woman who "received two parking tickets for a single violation in 2007 that then totaled $151 plus fees. Over seven years later, she still owed Ferguson $541—after already paying $550 in fines and fees, having multiple arrest warrants issued against her, and being arrested and jailed on several occasions."

A tenacious team

To make the case for a class-action lawsuit, the White & Case team, led by partners Angela Daker (Miami) and Frank Hogue (Washington, DC), had to obtain vast amounts of discovery from the City and then painstakingly review a large volume of arrest records and data, city emails and meeting minutes, among many other records. They also took more than 40 depositions, including from city officials, the Mayor, the Chief of Police and officers.

Daker and Hogue led a core team, including New York associates Chloe Edmonds and Iva Popa, along with more than 20 other current and former White & Case colleagues who contributed to this case.

As part of their strategy, the White & Case team attacked this important challenge by dividing into specialist sub-teams, such as individual expert witness teams, subject matter deposition teams (e.g., City Council members, police officers and court personnel), a class certification team and a summary judgment team.

"Our associates put in enormous effort and took on high levels of responsibility," explains Daker. “They marked many interim victories leading to the final settlement, including overcoming motions to dismiss and prevailing on two appeals.”

A powerful precedent

Beyond financial compensation for the class members, this work sets a powerful precedent for systemic changes that will have longer-term impact. Since the filing of this lawsuit, the City of Ferguson has reformed its policies. In comparison to 23,832 tickets and 32,907 warrants issued in 2014, Ferguson issued 3,114 tickets and 1,893 warrants in 2020. Municipal court revenue from improper actions in Ferguson shrank from US$2 million in 2014 to US$200,000 in 2023.

The United States District Court for the Eastern District of Missouri's June 2022 class certification decision has also been cited by several courts and litigants, paving the way for future challenges to similar unconstitutional practices.

Pro Bono Partner Angela Daker discusses our strategy to end debtors’ prisons in Ferguson

© Michael B. Thomas / Stringer / GettyImages 
A demonstrator outside a brick building holds up a sign.