$500,000 Bench Trial Verdict Against City of Jackson in Case Where Police Officers Were Having Sexual Relations with Minor who was Murdered
On April 27, 2011 Hinds County Circuit Judge Winston Kidd issued a $500,000 bench trial verdict against the City of Jackson in Sandifer v. City of Jackson. Here is the Court's Opinion. Here is the Clarion-Ledger article on the case.
Facts:
In 2006 Toice Wilson murdered Tawana Sandifer, aged 16. Before the girl's death, Jackson police officers Kenneth Talton and Maurice Clark had sexual relations with Tawana. JPD investigated Clark for having sex with Tawana in 2004 (when she was 14), but the investigation did not go anywhere. [I know, big surprise that a JPD investigation against one of its own didn't go anywhere]. Both Talton and Clark admitted having sex with Tawana during the investigation of Tawana's death. Toice Wilson had no connection with JPD.
Tawana's family sued the City and the officers alleging that they were responsible for Tawana's death. The Court rejected the City's defense that the officers were acting outside the scope of employment and that the allegations were excluded from the Tort Claims Act due to the officers' criminal conduct. The Court found that had the officers done what they were supposed to, Tawana would not have been out on the streets and vulnerable to the attack of Wilson. Therefore, the Court found that the officers contributed to Tawana's death.
The Court apportioned 50% of the fault to Wilson and awarded the Plaintiffs the maximum allowed under the Tort Claims Act: $500,000. Precious Martin of Jackson represented the Plaintiffs.
My Take:
The City does not have to post a bond to appeal, so look for this to go up on the issues of causation and whether the City can be liable under these circumstances.
Is it just me, or is the real story here the fact that Talton and Clark were not prosecuted for sexual battery? Talton and Clark admitted that they had sex with the girl. From the Clarion-Ledger article:
A Jackson Police Department Internal Affairs investigator testified at trial that Talton and Clark admitted having sex with the teenager.
Clark resigned and faced no charges.
Talton was fired and charged with sexual battery, but the charge was dropped for lack of evidence.
Since when is a confession not enough evidence to charge someone with a crime? Cops are not above the law and it should not be up to federal authorities to bring non-federal officers to justice. Cases like this send the message to cops that they can do whatever they want and D.A's and other law enforcement officers will look the other way.
This is, if anything, a case of simple negligence. I agree with Justice Dickinson: Courts in Mississippi don't know what "reckless disregard" means.
In about 16 months or so this case will in all likelihood be reversed and rendered.
2 basic claims here.
a. Rape by officers - City is immune due to criminal conduct of officers.
b. Inadequate investigation - city is immune due to the discretionary function exception.
Anyone see a possible way for the verdict to stand?
A confession, absent of at least *some* additional corroborating evidence, is not sufficient to obtain a conviction. Since the alleged victim was deceased, the "usual" source of corroborating evidence was not available.
Given the passage of time between the alleged sexual contact and the IA investigation, it is likely there was simply no available corroborating evidence.
Also, since this was an IA investigation, the officers must have received Garrity warnings for the confession itself to be admitted into evidence. I don't think it's safe to assume Garrity warnings were given. They very well may have been given the warnings, it's just not something I would assume.
The wrongful death causation seems notional at best.
"It is clear that had Detective Camel and Sergeant Haywood completed their investigation, Clark would have been prosecuted."
Uh? In Hinds? A classic use of "it is clear" where the opposite is the case. "Put her in a place of danger"? What the hell duty is that?