10.  This public ruse is maintained by the defendants  in order to impose and   collect fines and costs from citizens, and is accomplished by allowing JCS to determine  how much each municipal court defendant will be charged for the collection “services” of  JCS each month, how much of the public money paid will be kept by JCS and how  much it will rebate to Childersburg.  Plaintiffs aver that Childersburg has unlawfully  entered into the business arrangement with JCS whereby the private entity has been  given control and access over public funds and the ability to take such funds. This is in  violation of state law and of the Alabama Constitution.  Further, defendants have  allowed JCS to increase its monthly probation fee from the $35.00 once imposed and  listed on the printed probation sheets to $45.00 per month, doing so without legal  authority of proper basis or authorization.    11.     Defendants have operated the system without concern for protecting the  rights of indigent persons in plaintiffs’ class, having no due process protections or  procedures to ensure that constitutional rights are violated.  The operation and structure  of the system run by JCS is such that the Court should declare it to be unlawful and  unconstitutional, with any continued operation enjoined and prohibited.   20.  The Class which the named Plaintiffs seek to represent consists of those  people listed in the above paragraph, being persons adversely affected by the actions of  defendants as noted herein.  Plaintiffs seek monetary damages and equitable relief,  including injunctive relief as well as directing the defendant municipality to credit any  and all outstanding balances owed by class members appropriately.   21.    The members of the Class are so numerous that joinder of all members is  impracticable.  As of this time, the exact number in the Class is unknown but would be  more than one thousand.   22.      Plaintiffs' treatment by the Defendants is typical of the members of the  Class.  While there might be factual differences in the treatment of individual members  of the class, the harm flows from similar policies and practices by defendant.    25.   Plaintiffs know of no difficulty which will be encountered in the   management of this litigation which would preclude its maintenance as a Class Action.   The data concerning the Class members and the transaction details and amounts  involved  is largely computerized by the town and JCS.  Other paper records should be  readily available for use in the court.     26.   The names and addresses of the Class members are a matter of public   record and notice can be provided to the Class members via First Class U. S. mail or  other appropriate means as may be directed by the Court.  39.   The Defendants, acting under color of state law, systematically deprived   the Plaintiffs, and those similarly situated, of their rights and immunities secured by the  Fourth, Fifth, Sixth, Eighth, Thirteenth and Fourteenth Amendments to the United States  Constitution and the Alabama Constitution in violation of 42 U.S.C. § 1983.   41.  The Plaintiffs aver that Defendants, acting under color of state law,   violated their Constitutional rights to equal protection as guaranteed by the United  States Constitution by automatically imposing incarceration upon those unable to pay  fines and costs without a hearing to determine indigency, as well as the other conduct  more fully described in this Complaint.  Further, defendants coerced payment of fines,  costs and fees by threat of incarceration, when such was illegal and improper, whereas  persons with financial means were not subject to such punishment and discrimination.  As a proximate consequence of these Constitutional and other   violations, the Plaintiffs suffered injuries and damage.  42.  The Plaintiffs aver that Defendants acting under color of state law violated   their constitutional rights to due process by effectively imposing terms of incarceration  and other costs and fines beyond the statutory maximum allowed under Alabama law.  As a proximate consequence of these Constitutional and other violations,   the Plaintiffs suffered injuries.  43.  Defendants have violated the constitutional rights of Plaintiffs and their   class by prosecuting persons where there is no jurisdiction or authority for such under  Alabama law, doing so intentionally in an effort to coerce payment of fines and costs.  These efforts have resulted in the illegal prosecution and incarceration of Plaintiffs and  their class for offenses such as “failure to obey a court order”.  Further Defendants have added enhancements and other fines and costs   where there is no jurisdiction or authority for such under Alabama law. These efforts  have also resulted in the illegal prosecution and incarceration of Plaintiffs and their  class, causing such persons to pay amounts not due and owing.  As a proximate consequence of these Constitutional and other violations,   the Plaintiffs suffered injuries and damages as alleged.  44.  The Defendants are liable for false imprisonment for unlawfully detaining   the Plaintiffs, and those similarly situated, thereby depriving them of their personal  liberty in violation of the United States Constitution, the Alabama Constitution, Alabama  Code Section 6-5-170, and Alabama common law.  As a proximate consequence of these Constitutional and other violations,   the Plaintiffs suffered injuries and damages as alleged.  45.  The Defendants falsely arrested Plaintiffs and those similarly situated,   doing so without probable cause, and doing so illegally to coerce payment. Said action  was done intentionally and/or recklessly with knowledge that the Plaintiffs would be  harmed and in violation of the United States Constitution, the Alabama Constitution,  Alabama law, and Alabama common law.  As a proximate consequence of these Constitutional and other violations,   the Plaintiffs suffered damage and injuries as alleged.  46.  The Defendants maliciously prosecuted Plaintiffs and those similarly   situated, doing so without probable cause, and doing so illegally to coerce payment.  Said action was done intentionally and/or recklessly with knowledge that the Plaintiffs  would be harmed and in violation of the United States Constitution, the Alabama  Constitution, Alabama law, and Alabama common law.  As a proximate consequence of these Constitutional and other violations,   the Plaintiffs suffered damage and injuries as alleged.  47.  Defendants committed the tort of abuse of process by intentionally and/or   recklessly using and misusing the criminal legal process to harass and intimidate  Plaintiffs and those similarly situated for improper and illegal reasons.   As part of the defendants’ system, the defendants routinely threaten    criminal fines, imprisonment, and probation revocation to collect fines and private fees,  doing so in part to financially benefit defendant JCS.  As a proximate consequence of  these actions, the Plaintiffs suffered damage as alleged.  48.  These defendants through their joint action have systematically applied §   15-18-62 of the Code of Alabama in an unconstitutional fashion denying the plaintiffs  and the class they seek to represent constitutionally protected rights.  Section 15-18-62 provides for the imprisonment for the failure to pay fines   and costs in limited circumstances and only upon the finding of a willful failure to  comply.   Defendants have ignored these requirements of law, causing damage to  plaintiffs and their class.  8.  The Plaintiffs bring this action because of the operation of the municipal  courts under these defendants has violated and continues to violate the plaintiffs’  statutory and constitutional rights and those of persons similarly situated.  Defendants  have imposed a system whereby the clerical and quasi-judicial functions of the  municipal court have been unlawfully contracted to a private business, using the color of  state law for the collection of private fees and allowing public money to be collected and  kept by the private business, in violation of Alabama law and of the Constitution.   ENTERPRISE IN VIOLATION OF THE RIGHTS OF PLAINTIFFS’ CLASS   OVERVIEW    Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.      Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.      Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.      Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.      Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.      UNCONSTITUTIONAL APPLICATION OF ALABAMA CODE SECTION 15-18-62  Plaintiffs incorporate by reference the previous paragraphs and make them a part  hereof.     