A federal lawsuit filed last week accuses Gadsden’s municipal court judge and prosecutor of violating the constitutional rights of one woman by charging unlawful fees and preventing an open court.

Alexander City attorney Eric Hutchins filed the lawsuit on behalf of Lasheta McGruder, who appeared in court on a tampering with evidence charge. According to the suit, filed Sept. 1, McGruder was ordered to pay $232 in court costs despite the fact that her case had been dropped.

Furthermore, the suit asserts, McGruder should not have to pay the costs as she is receiving Social Security benefits.

The suit names the city, Judge Tom King and City Prosecutor Gary Tucker as defendants, claiming the city has violated McGruder’s First, Fifth, Sixth and Fourteenth Amendment rights under the U.S. Constitution, as well as violating the principle of “double jeopardy.”

Many of the contentions in the lawsuit are similar to claims made during a protest outside Gadsden’s Municipal Court on July 28. Protestors claimed the court was unfair to the poor, and that access to the courtroom is unfairly restricted only to those who are on the docket.

At that time, City Attorney Lee Roberts said judges have discretion in courtrooms, but some of the access policy deals with fire code safety in allowing an acceptable number of people inside. As many as 190 people may be on a regular court docket, he said.

A similar lawsuit was filed in August but dismissed. This suit seeks an injunction, as McGruder is set to appear on the tampering charge Thursday.