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The Department of Justice is urging a federal judge to allow a lawsuit to proceed against the embattled Alabama town of Brookside, arguing there is evidence that town officials profited from hefty police fines and rising criminal cases.

Courts, prosecutors, and police should be driven by justicenot revenue, the DOJ stated in a brief filed Tuesday.

A class-action lawsuit one of more than a dozen lawsuits against the town alleges officials abused their power in issuing tickets, fining drivers and towing vehicles to raise revenue. But Brookside earlier this month asked a judge to dismiss the lawsuit.

The DOJ filed its brief in support of the drivers.

Indeed, Brooksides overall funding scheme where the municipal courts generate significant funding for Brookside, which in turn funds those same courts appears from Plaintiffs allegations to create a starker conflict than those in other cases where courts have found due process violations, the brief states.

Carla C. Ward, an assistant U.S. Attorney for the northern district of Alabama, in the brief said that the federal government has an interest in protecting the publics constitutional rights and enforcing federal laws regarding the collection of unlawful fines and fees.

Brookside has been at the center of controversy since January when AL.com published an investigation that detailed how the towns police aggressively ticketed drivers while the municipal court collected fines and fees that accounted for half the towns revenue.

In Brookside, revenue from fines and fees increased more than 600 percent from 2018-20, with most of the money going back into the police department and municipal court.

The Justice Departments statement recognizes that Brooksides abusive system of policing for profit violates the Constitution, and that the town should be held accountable, said Jaba Tsitsuashvili, an attorney for the Institute for Justice, the libertarian non-profit that filed the class action lawsuit against Brookside. No one should live in fear of being ticketed, fined, or having their car towed for the sake of raising police revenue.

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In its brief, the DOJ points out that Mark Parnell, the Brookside prosecutor, and Jim Wooten, the municipal judge, saw pay increases as the number of criminal cases rose during recent years.

Wootens salary increased 127 percent, from $8,800 in 2019 to $20,000 in 2021. Because court fines and fees help fund the town council, the brief says, the councils control over the appointment, tenure, and salary of the municipal judge undermines the municipal judges neutrality.

Parnells pay rose 241%, bringing his total pay last year from Brookside to $72,115. The prosecutor previously told AL.com his pay went up because he was spending more time in court due to the increasing caseload.

In short, the town attorney not only stands to profit economically from vigorous enforcement of Brooksides municipal codehe already has: the more cases he opts to prosecute, the more money he makes, the DOJ brief says.

Attorneys representing Brookside didnt respond to a request for comment before publication.

The Justice Departments statement recognizes that Brooksides abusive system of policing for profit violates the Constitution, and that the town should be held accountable, said Jaba Tsitsuashvili, an attorney for the Institute for Justice, the libertarian non-profit that filed the class action lawsuit against Brookside. No one should live in fear of being ticketed, fined, or having their car towed for the sake of raising police revenue.

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Feds side with drivers suing Alabama town, cite evidence of Brookside policing for profit - AL.com