THE CALL: ENFORCING THE CONSTITUTION
• We can, and must, do more to stop the police misconduct, harassment, and violence that far too often leads to the deaths of innocent people of color, especially Black and Brown people.
• We can, and must, do more to uphold the founding principles of our nation—that all persons are entitled (i) to equal protection under the law, and (ii) to live free from unreasonable, unwarranted, and unlawful police conduct.
THE PROBLEM: RACIAL INJUSTICE IN POLICING
• For centuries, people of color—and in particular Black communities—have been suffering and dying at the hands, knees, and firearms of law enforcement officials.
• There is no question that such incidents violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
ONE OF MANY CAUSES: DEARTH OF LEGAL CHALLENGES TO ROUTINE RACIAL DISCRIMINATION BY POLICE
• Laws and constitutional principles are only as powerful as our ability and determination to enforce them.
• All too often, justice comes too late, if at
all—and usually only after a public outcry that accompanies gut-wrenching images of helpless people of color being subjected to unconstitutional brutality.
• Victims of unconstitutional police misconduct may not understand how to vindicate their rights, or may not have the resources to retain counsel.

THE INITIATIVE: Litigation Against the Lexington, MS
Police Department

Lexington, MS is a predominantly black town in the Mississippi Delta, one of the poorest areas of the Country. Since July 2021, the Lexington Police Department has been violating the rights of people in that town with brutality, false charges, racially discriminatory roadblocks, and the use of cash bail to raise money. Despite repeated, credible complaints, the Mayor and Board of Aldermen have done nothing.

A recording was released of the police chief bragging about killing thirteen people and saying he didn’t care if his officers “killed a m*ther f**ker in cold blood.” He used the words “n***er” and “f**got” when discussing Black people and members of the LGBTQ community, and boasted about personally shooting a man 119 times in the line of duty. The chief was fired in a 3-2 vote. His second in command, who has many complaints of misconduct, was appointed interim chief.

Lexington and LPD need accountability, and Lexington residents deserve justice. As one of a host of solutions that seek to end endemic and systemic unconstitutional policing practices in Lexington, the ACLU of Mississippi will: Encourage participation of—and lead—
for-profit law firms, located inside and outside of Mississippi, in marshaling their resources to bring legal actions intended to stop these discriminatory policing practices.

By focusing critical law firm resources on a single department, the ACLU of Mississippi—alongside community-based organizations, activists, and groups—can help establish a litigation blueprint geared toward altering police conduct.

In partnership with the ACLU of Mississippi, law firms will spearhead challenges to racially-motivated stops and seizures by bringing individual 42 U.S.C. § 1983 actions under the Fourth and Fourteenth Amendments and any other applicable laws. We need a commitment to file and litigate these actions. The firm must provide at least one partner and one associate to ensure accountability and commitment to the case, and the ability to fund the litigation (filing fees, depositions, etc.). These cases will involve modest discovery and a limited number of depositions if any. The facts surrounding any one case are often a matter of minutes.