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
vikki@taylorjoneslaw.com

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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