Litigation Updates

May 17, 2018 – Angela Lawrence v. Calhoun County, Cause No. CV‑2016‑000055.  The Circuit Court of Calhoun County granted summary judgment under the law enforcement and discretionary function immunities of the Mississippi Tort Claims Act as to claim raised following the arrest of a victim of identity theft.   

March 20, 2018 – Newcomb v. Oktibbeha Cty., 2018 U.S. Dist. LEXIS 45451 (N.D. Miss.).  The Northern District of Mississippi dismissed the false imprisonment claim of a convicted felon for failure to state a claim upon which relief could be granted.

June 28, 2018 – Bankhead v. City of Cleveland, 2018 U.S. Dist. LEXIS 107915 (N.D. Miss.). The Northern District of Mississippi dismissed a race discrimination claim raised by a former police officer.  

August 1, 2018 – Gunter, et al v. Phil Bryant, et al, 2018 U.S. Dist. LEXIS 128618 (N.D. Miss.) The Northern District of Mississippi dismissed claims seeking declaratory and injunctive relief and, in essence, collaterally attacking the United States Supreme Court’s decision in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), and its effect on states’ civil marriage licensing laws, more particularly on same‑sex marriage.

September 4, 2018 – Williams v. Anderson, 2018 U.S. Dist. LEXIS 150673 (N.D. Miss.).  The Northern District of Mississippi dismissed federal claims raised under 42 U.S.C. §1983 against law enforcement officers participating in a high speed pursuit.

October 10, 2018 – McDaniel v. City of Indianola, 2018 U.S. Dist. LEXIS 174326 (N.D. Miss.) The Northern District of Mississippi dismissed a race discrimination claim raised by a former municipal court judge.  

November 21, 2018 – Brown v. Wilkinson Cty. Sheriff Dep't, 742 F. App'x 883, 883 (5th Cir. 2018) the Fifth Circuit Court of Appeals, a ruling from the Southern District of Mississippi was affirmed in favor of public entity defendants on claims raised under 42 U.S.C. §1983.

March 27, 2019 – Graham v. City of Cleveland, 2019 U.S. Dist. LEXIS 51243 (N.D. Miss. Mar. 27, 2019).  The Northern District of Mississippi dismissed claims against municipal law enforcement officers involved in arresting a suspect who later sued jail officials over his treatment while in jail. 

May 1, 2019 – BG III v. Banks, et al, Cause No. 2017-0039-CVIM, the Circuit Court of Carroll County granted summary judgment in favor of law enforcement officials under multiple provisions of the Mississippi Tort Claims Act.  This same arrest was the subject of a summary judgment for these same law enforcement officials under federal law in  BG v. Banks, 2017 U.S. Dist. LEXIS 105110, at *1 (N.D. Miss. July 7, 2017). 

May 6, 2019 – Caston v. Bolivar Cty., 769 F. App'x 182 (5th Cir. 2019).  Following oral argument before the Fifth Circuit Court of Appeals, a ruling from the Northern District of Mississippi was affirmed in favor of public entity defendants on employment claims raised under 42 U.S.C. §1983 and state law.

May 24, 2019 – Floyd vs. Tunica County, Cause No. 2013-0230.  The Circuit Court of Tunica County, Honorable Linda F. Coleman, after a bench trial on the merits, granted a Motion for Involuntary Dismissal in favor of Tunica County, Mississippi.  Plaintiff was the wrongful death beneficiary of Brandi Nicole Floyd, who was murdered by her partner, while staying at the Hollywood Casino. Even through the facts revealed that the Tunica County Sheriff’s Department had detained the murder suspect within seven (7) minutes of being on scene and under difficult circumstances, Plaintiff claimed that the Tunica County Sheriff’s department should have used deadly force, even though there was no proof that such force could have been used under the circumstances or that deadly force would have prevented the death of Ms. Floyd. The Court opined that the Tunica County Sheriff’s Department had no legal duty under the Public Duty Doctrine and furthermore, that Tunica County was immune under the law enforcement exemption and discretionary exemption of the Mississippi Tort Claims Act.

May 28, 2019 – In the case of McKay vs. Choctaw County, Cause No. 2015-029-CV-M, the Circuit Court of Choctaw County, Special Judge Robert Elliot, granted a defense verdict following a bench trial on the merits of a claim that Deputy Barry Miller and the Choctaw County Sheriff’s Department, in reckless disregard for his rights, caused an accident and injuries to Plaintiff Robert McKay. After considering the testimony of multiple eye-witnesses to the automobile accident, Judge Elliot, opined that Deputy Miller, in attempting to assist another officer during the emergency extraction of a minor, made a discretionary choice to respond and assist and that the Plaintiff failed to prove Deputy Miller acted in reckless disregard. 

August 13, 2019 – Richard Brewer v. Tishomingo County, et al, Cause No. CV16-0112.   The Circuit Court of Tishomingo County granted summary judgment in favor of law enforcement defendants being sued over arrests that were presented to lawfully empaneled grand juries who returned indictments.

September 4, 2019 – Mills v. Patten, 2019 U.S. Dist. LEXIS 150365 (S.D. Miss. Sep. 4, 2019).  The Southern District of Mississippi granted summary judgment in favor of a law enforcement officer as to allegations of excessive force raised under 42 U.S.C. §1983.

September 10, 2019 – Harris v. Noxubee Cty., 776 Fed. Appx. 868 (5th Cir. 2019). Following oral argument before the Fifth Circuit Court of Appeals, a ruling from the Southern District of Mississippi was affirmed in favor of public entity defendants on employment claims raised under 42 U.S.C. §1983.

September 18, 2019 – Duren v. Carroll‑Montgomery Reg'l Corr. Facility, 2019 U.S. Dist. LEXIS 158702 (N.D. Miss. Sep. 18, 2019). The United States District Court for the Northern District of Mississippi granted summary judgment for the defendants in a denial of medical care claim raised under 42 U.S.C. §1983.

September 19, 2019 – In the case of City of Cleveland v. Siemens Indus., 2019 U.S. Dist. LEXIS 159809 (N.D. Miss.), the United States District Court for the Northern District of Mississippi granted the City’s motion to remand certain state law claims back to the Circuit Court of Bolivar County.  Those claims had been removed to federal court under a theory that actual diversity of citizenship existed.

September 30, 2019 – In Shepard v. Cleveland School District, 2019 U.S. Dist. LEXIS 168545, the United States District Court for the Northern District of Mississippi granted summary judgment for the defendants in a race discrimination claim raised by an African American student awarded co-valedictorian with a White student. 

October 16, 2019 – In Washington v. City of Moorhead, Cause No. 2017-0244, the Circuit Court of Sunflower County granted a defense verdict following a trial on the merits of a claim that a rock or other object propelled from a lawn mower operated by a City Employee flew across a bayou and struck the plaintiff in the eye while he was working in his garden.   The plaintiff, who was operating a garden tiller at the time, did not know what hit him.  The mere possibility that the unidentified object could have come from the lawn mower was insufficient.

October 24, 2019 – In Simmons v. Jackson County, Cause No. 2017-005, the Circuit Court found in favor of the public entity defendants following a trial arising from a fatal one vehicle accident.  A separate jury hearing claims against a private construction company also rendered a defense verdict. 

November 19, 2019 – In Christian v. Russel, 2019 U.S. Dist. LEXIS 201006, the United States District Court for the Northern District of Mississippi granted qualified immunity individually for a sheriff and a jail administrator from claims arising under 42 U.S.C. §1983 based upon an inmate denial of medical care theory, general conditions of confinement and supervisory liability.

November 21, 2019 – In Simmons v. Monroe Cty., 415 F. Supp. 3d 723 (N. Dist. Miss. 2019), , the United States District Court for the Northern District of Mississippi granted summary judgment for employment claims raised under 42 U.S.C. §1983. The Court further noted that “the current disability standard under the ADA [is] one of the most plaintiff-friendly standards in all federal litigation” and set the plaintiff’s remaining discrimination theories for trial.  In doing so, the Court ruled that the defendants would be able to present the fact that this plaintiff had made the same claims against a previous employer. 

November 22, 2019 – In Hickman v. Columbus Mun. Sch. Dist., 2019 U.S. Dist. LEXIS 204204, the United States District Court for the Northern District of Mississippi granted dismissal of employment discrimination claims arising under Title VII where the out of state plaintiff failed to properly serve the defendants.

December 5, 2019 – In Johnson v. Lance, 2019 U.S. Dist. LEXIS 209827, the United States District Court for the Northern District of Mississippi granted qualified immunity individually for a sheriff and a jail nurse from claims arising under 42 U.S.C. §1983 based upon an inmate denial of medical care theory under the Eighth Amendment where the plaintiff could not show that the defendants were deliberately indifferent to his serious medical needs.

December 20, 2019 – In Drewery v. Hudson, Case No. 1:16CV20-DAS (N.D. Miss.), the United States District Court for the Northern District of Mississippi, via unanimous jury verdict found that the plaintiff failed to prove claims of excessive force and denial of adequate medical attention.

January 15, 2020 – In Sanders v. Attala County, 2018-0049-CVM, the Circuit Court of Attala County granted summary judgment for the defense under the Mississippi Tort Claims Act for a claim arising from an auto accident during a inclement weather where a law enforcement vehicle left the roadway as a result of standing water in the road.

February 20, 2020 – In Keller v. Fleming, 952 F.3d 216 (5th Cir. 2020), the Fifth Circuit Court of Appeals granted qualified immunity to an Attala County Deputy Sheriff arising under 42 U.S.C. §1983 based upon findings that (a) the substantive due process clause of the Fourteenth Amendment did not create a “special relationship” between the deputy and a mentally challenged adult who was given a courtesy ride to the county line; and, (b) that even if this same courtesy ride was an unreasonable seizure under the Fourth Amendment, the legal concept was not clearly established by a body of law placing the deputy on notice that his conduct was blatantly wrong.  

March 11, 2020 – In Robinson v. Webster Cty. Miss., 2020 U.S. Dist. LEXIS 42168, the United States District Court for the Northern District of Mississippi granted qualified immunity individually and judgment on the pleadings officially for law enforcement defendants arising under 42 U.S.C. §1983 based upon the legal theory that the substantive due process clause of the Fourteenth Amendment created a “special relationship” between jail officials holding a detainee and a third party assaulted by that detainee during a weekend pass.

March 16, 2020 – In Salley v. Webster Cty., 2019 U.S. Dist. LEXIS 28319,  the United States District Court for the Northern District of Mississippi granted qualified immunity individually and summary judgment officially from claims arising under 42 U.S.C. §1983 based upon a suspect who lead law enforcement officers across three counties.  The Court initially denied dismissal and allowed discovery via an earlier opinion found at 2019 U.S. Dist. LEXIS 28319.  

March 26, 2020 – In Holloway v. Marion Cty., 2020 U.S. Dist. LEXIS 52622, the United States District Court for the Southern District of Mississippi granted qualified immunity individually for two jail nurses from claims arising under 42 U.S.C. §1983 based upon the legal theory that the failure to re-fill a prescription for one of three anti-seizure medications for a detainee amounted to actionable deliberate indifference under the substantive due process clause of the Fourteenth Amendment.

March 31, 2020 – In Miller v. City of Leland, 2020 U.S. Dist. LEXIS 55970, the United States District Court for the Northern District of Mississippi granted qualified immunity individually for a mayor and alderwoman arising under 42 U.S.C. §1983 based upon the legal theory that the equal protection clause of the Fourteenth Amendment created a right of action in favor of private citizens who experienced flooding during a major weather event.