Missouri Sheriffs’ Retirement System Court Fees $18M Class Action Settlement

The Missouri Sheriffs’ Retirement System agreed to pay $18 million as part of a settlement to resolve claims it was funded by unfair court fees.

The settlement benefits individuals who paid a $3 surcharge to resolve a municipal citation and/or costs in an associate or circuit court between Aug. 28, 2013 and Aug. 1, 2021.

The Missouri Sheriffs’ Retirement System (MSRS) provides retirement, disability, and other benefits to the state’s sheriffs and their beneficiaries. As of the end of 2018, the MSRS provided benefits to 138 retired sheriffs and 49 beneficiaries, according to the organization’s website.

Two class action lawsuits against the MSRS claim the retirement system was unlawfully funded by $3 surcharges on court proceedings. The plaintiffs were allegedly forced to pay $3 surcharges when resolving municipal citations. Similar fees were charged on other associate court or circuit court proceedings, the plaintiffs contend.

This fee was allegedly modeled after a similar surcharge levied on criminal court proceedings. Although the fee aimed to support the MSRS, the Missouri Supreme Court deemed the surcharges unconstitutional in a June 2021 ruling, Forbes reported. 

According to the high court, the surcharge violated a term in the Missouri Constitution which ensures “justice shall be administered without sale, denial or delay.” The $3 fee on municipal and circuit court proceedings counts as a “sale,” the court found.

The Missouri Sheriffs’ Retirement System hasn’t admitted any wrongdoing but agreed to settle the two class action lawsuits with a $18 million settlement.

Under the terms of the settlement, Class Members can receive $4.50 for every $3 fee paid on a municipal action between Aug. 28, 2013, and Aug. 1, 2021, and/or on an associate or circuit court proceeding between June 7, 2016, and Aug. 1, 2021. 

Documentation may be required to authorize settlement payments.

The deadline for exclusion and objection is Feb. 20, 2022. 

The final approval hearing for the Missouri Sheriffs’ Retirement System court fees settlement is scheduled for Feb. 24, 2022.

In order to benefit from the settlement, Class Members must submit a valid claim form by March 7, 2022.

Who’s Eligible

The settlement benefits individuals who paid a $3 surcharge to resolve a municipal citation and/or costs in an associate or circuit court between Aug. 28, 2013 and Aug. 1, 2021.

Potential Award

Varies

Proof of Purchase

The Claim Form will also ask you to identify the court(s) or jurisdiction(s) where you paid a $3.00 fee or surcharge designated for MSRS as an element of court costs imposed to resolve a municipal citation and/or costs imposed by associate circuit and circuit courts. Your signature on the Claim Form will attest under penalty of perjury that you believe you are a Class Member and that the information provided is true and correct, and it will authorize the Claims Administrator to collect information from the courts to verify your claim, if necessary. You may also be required to provide documentation to support your claim.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

03/07/2022

Case Name

Daven Fowler and Jerry Keller, individually and on behalf of the others similarly situated v. Missouri Sheriffs’ Retirement System, Case No. 1716-cv18662, and Ann White, individually and on behalf of the others similarly situated v. Missouri Sheriffs’ Retirement System, Case No. 2116-cv12259, in the Circuit Court of Jackson County, Missouri

Final Hearing

02/24/2022

Settlement Website

MSRSSettlement.com

Claims Administrator

Missouri Sheriffs’ Retirement System Claims Administrator
P.O. Box 43156
Providence, RI 02940-3156
855-786-1038

Class Counsel

Brian J. Madden
Eric D. Barton
WAGSTAFF & CARTMELL LLP

Gerald McGonagle
Christopher S. Gahagan
MCGONAGLE SPENCER GAHAGAN PC

Defense Counsel

Timothy J. Sear
Mark A. Olthoff
POLSINELLI PC

Rodney D. Gray
POLSINELLI PC