Case: 25CO1:22-cr-00787-JM Document #: 4 Filed: 09/15/2022 Page 1 of 3
IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI
FIRST JUDICIAL DISTRICT
LATOYA BUNZY APPELLANT
VS. CAUSE NO.: 25CO1:22-CR-00787-JM
THE CITY OF JACKSON APPELLEE
FIRE DEPARTMENT
MOTION TO DISMISS
COME NOW Defendant Latoya Bunzy, by and through counsel, and moves this Court to
dismiss this action for failure to state a claim pursuant to Miss. R. Civ. P. 12(b)(6).
FACTS
On July 12, 2022, a Jackson Municipal Judge found LaTonya Bunzy (“Bunzy”) “Guilty”
of violating Article II Section 58-56 of the City’s Fire Protection ordinance. The Charge is
related to alleged fire hazards at the Studio 7 motel in Jackson, MS.
ARGUMENT
A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of the allegations in
the complaint, and review is limited to the content of the complaint." Singing River Health Sys. v.
Vermilyea, 242 So.3d 74, 77 (¶6) (Miss. 2018). A complaint should be dismissed under Rule
12(b)(6) if he plaintiff fails to allege facts that would support a claim. For purposes of a Rule
12(b)(6) motion, the plaintiff has no burden of proof. Rather, the issue is whether the plaintiff,
based on her pleadings, has stated a claim upon which relief can be granted. Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 556 (2007). In the present case, a Jackson Fire Department Marshall
summoned LaToya Bunzy to appear before the Municipal Court, Environmental Division on
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Case: 25CO1:22-cr-00787-JM Document #: 4 Filed: 09/15/2022 Page 2 of 3
June 14, 2022, for fire code violations that allegedly existed at Studio 7 motel in Jackson, MS. .
At a hearing conducted on July 12, 2022, a Municipal Court Judge entered an order, finding Ms.
Bunzy “Guilty” of violating “Art. II Fire Prevention Sec 58-56”. The city court judge ordered
the Studio 7 motel shuttered immediately and gave Ms. Bunzy 72 hours to “relocate all motel
residents.” (Exhibit 1)
“[This] appeal shall proceed as a trial de novo.” UCRCCC 5.07. The charges against
Ms. Bunzy should be dismissed on several grounds. First, Ms. Bunzy is employed as a Front
Desk Clerk. She is not the owner or operator of Studio 7 motel. (Affidavit - Exhibit 2) More
importantly, “Art. II Fire Prevention Sec 58-56” — the code section that the municipal judge
determined that Ms. Bunzy was guilty of violating — is “Reserved” and does not currently exist.
(See, Exhibit 3).
CONCLUSION
For the foregoing reasons the Defendants’ Motion to Dismiss should be granted and the
charges against Ms. Bunzy should be dismissed, with all attorney’s fees and costs incurred in
responding to the frivilous charges taxed to the City of Jackson. Further, Defendant moves this
Court for an order directing the City of Jackson to destroy all physical evidence pertaining to the
criminal charges against Ms. Bunzy and expunge any and all electronic records pertaining to the
criminal charges against Ms. Bunzy for the alleged code violations.
Respectfully submitted, this the 15th day of September 2022.
LATOYA BUNZY
BY: /s/ Vikki J. Taylor
Vikki J. Taylor Esq.
Counsel for Appellant
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Case: 25CO1:22-cr-00787-JM Document #: 4 Filed: 09/15/2022 Page 3 of 3
Of Counsel:
Vikki J. Taylor (MSB #9540)
1012 Madison Avenue. |. Suite D
Post Of ce Box 1992
Madison, MS 39130-1992
Telephone (601) 608-8604
[email protected] CERTIFICATE OF SERVICE
I, VIKKI J. TAYLOR, do hereby certify that I electronically filed the foregoing
documents and that it is available for viewing and downloading from the Court’s MEC/ECF
system, and that counsel for all parties in the case are registered MEC/ECF users and that service
will be accomplished by the MEC/ECF system.
Attorney Keith Gates
City of Jackson Prosecutor
327 East Pascagoula Street
Jackson, MS. 39205
This the 15th day of September 2022.
By: /s/ Vikki J. Taylor
VIKKI J. TAYLOR
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Case: 25CO1:22-cr-00787-JM Document #: 4-1 Filed: 09/15/2022 Page 1 of 1
