Mississippi Litigation Review & Commentary : Mississippi Personal Injury Lawyer & Attorney : Phillip W. Thomas Law Firm : MS Litigation Review & Commentary

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Patsy Brumfield at the Northeast Miss. Daily Journal reported last week on the arrest and strip search of 3 Tate County Youths for walking across a neighbor's yard.

According to a press release issued by an attorney (Cliff Johnson) for the three kids, they were arrested in July in Senatobia after a neighbor complained that the three walked across her yard. Tate County Youth Court Referee Leigh Ann Darby was a the police station on another matter and demanded that the kids be given a drug test. When one of the kid's parents asked why, Darby explained that she was the authority over all children in Tate County. When the parent asked to talk to a lawyer, Darby ordered the kids taken into custody.

The 3 kids were then transported to the Alcorn County Youth Detention Center where they were stripped and forced to “squat and cough” while closely observed by perverts guards. The kids were incarcerated in Alcorn County for 3 days.

On October 20 the 3 kids were found not guilty of trespassing.   

My Take:

It never ceases to amaze me what can happen when you give a little power to idiots. It started here with the Senatobia police, who over-reacted by arresting kids on a trespassing charge. You arrested them for walking across a neighbor's yard? Seriously? Hey Barney, did it ever occur to you that the neighbor might be a nut for asking you to arrest kids for walking in her yard?

Things got worse when Youth Court Referee Leigh Ann Darby exhibited a God-complex at the police station. The problem was compounded when whoever it was made the decision to ship the 3 off to Alcorn County—for trespassing. Alcorn County then upped the ante with the Abu Ghraib-like treatment.

A lot of people should be fired for this, starting with Darby and the Alcorn County guards. Someone in the Senatobia Police Department who went along with Darby should also be fired. I doubt that she was acting alone on this.    

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Last week the Mississippi Supreme Court issued decisions in two cases that will allow voters in the November elections to decide issues related to abortions and eminent domain.The Court basically punted on the substantive issues and decided the cases on procedural grounds.

In Hughes v. Hoseman the plaintiffs challenged Measure 26, which asks voters to decide whether life begins at conception. Cliff Johnson and Rob McDuff of North Congress Street in Jackson represented the plaintiffs.

Here is the Court's 7–2 opinion. Justice Pierce wrote the majority opinion. Here is a CNN article on the case.

The Court determined that the dispute is not ripe for adjudication, since the amendment has not passed yet. The decision contradicts a 2000 Miss. Supreme Court decision that ruled that the Court does have the authority to review the constitutionality of proposed initiatives. Neither side raised the ripeness issue.

In Speed v. Hoseman, the plaintiff challenged the State's ability to take and transfer private property through eminent domain. Here is the Court's 7–2 opinion. Justice Lamar wrote the majority opinion. As in the personhood case, the Court dismissed the case on ripeness grounds.

My Take:

I thought David Hampton's analysis in the Clarion-Ledger was good:

It is disappointing that the state Supreme Court is allowing the referendums on eminent domain and the so-called "personhood" amendments to proceed on the Nov. 8 ballot. There clearly are legal issues with both, but the court basically punted and said the election should be held before any further consideration. The court said it was not known if the amendments would be rejected, so it would be premature. News flash.  As flawed and potentially harmful as both of these amendments are, they will be overwhelmingly approved. The move to restrict eminent domain appeals, wrongly so, to property rights beliefs and the personhood amendment is a thinly veiled referendum on abortion. They have strong public support. They, along with the initiative to require voter ID, however, mostly are politically motivated efforts to appeal to voters passionate about those issues and bring voter turnout, which Republicans see as beneficial to the GOP. The Supreme Court will be seeing these again. The fact that we have an elected Supreme Court most likely played a role here. It would have been very politically unpopular for the judges to block the election. That's too bad. These initiatives should not be on the ballot.

In all likelihood, the Court's decision simply delays its having to rule on these politically sensitive issues. I prefer an appointed judiciary so that observers don't view “an elected Supreme Court” as being a factor in decisions.

Finally, these opinions are more evidence that the principle of stare decisis is not strong in Mississippi—at least not currently.

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Friday Mississippi's federal judiciary celebrated the appointment of District Judge Carlton Reeves with his investiture at Jackson State University. The vast majority of the Mississippi federal judiciary attended the event, which was marked by several moving speeches about the Yazoo City native's accomplishment of becoming a federal judge.

Judge Reeves' former law partner Cliff Johnson served as the Master of Ceremonies “Special Master” of the the proceeding. Former Southern District U.S. Attorney Brad Pigott gave what, to me, was the best speech of the event. Pigott—who worked with Reeves for many years at the U.S. Attorney's office and in private practice—noted that Reeves was born in 1964 when white supremacy still ruled in Mississippi. Today, it is hard to imagine how big a disadvantage it was to be born African-American in Mississippi in 1964. Mississippi has come a long way in the last forty-seven years and Carlton Reeves is as good of an example of that as there is.

An emotional Judge Reeves told a humorous and moving account of the first time he entered a law office when he was a teenager. It was the Barbour Law Firm in Yazoo City. Reeves was there to help his mother clean the offices. While his mother cleaned, Reeves played with, and then broke, the copy machine. On Friday, Senior Judge William Barbour, Jr., formerly of the Barbour Law Firm in Yazoo City, administered the oath to Judge Reeves. That may sound like a Hollywood movie, but it's true.

Following the administration of oath and presentation of robe, Judge Reeves took his seat next to Judge Sul Ozerden. Judge Ozerden's investiture several years ago was marked by his moving account of his father's immigration to the U.S. from Turkey with a plane ticket, one suitcase and very little money. I doubt that anyone who personally knew Reeves or Ozerden as they grew up is surprised by their achievements. The story is not that they had the talent to become federal judges, but that they could. Fifty years ago Reeves would have been prevented by his skin color; Ozerden by the fact that his father was not sufficiently 'good ole boy' to have a son rise that far, that fast.  

Perhaps people who think that things used to be better 'back in the day' are wrong. Today, the phrase that “all men are created equal” is more true in this country than it has ever been.

Sadly, Friday's celebration was followed by the death on Saturday of Senior U.S. District Judge Dan Russell, Jr. of of Gulfport. At Judge Reeves' investiture, Southern District Chief Judge Louis Guirola spoke of talking to Judge Russell the prior day and conveyed Russell's wishes of Godspeed to Judge Reeves. Judge Guirola spoke highly of Judge Russell with emotion in his voice. I will reflect more on Judge Russell's passing in a post on Tuesday.          

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Monday's Clarion-Ledger had this article covering Hinds County Circuit Court Judge Winston Kidd's Order that the Mississippi Department of Human Services (DHS) must pay $500,000 in damages to a child who was sexually abused while in DHS custody.

The case stems from a Judge Kidd's 2004 ruling awarding the child $750,000 and the 2007 Mississippi Court of Appeals that affirmed on liability, but remanded the case for a new trial on damages.

In one part of its decision, the Court of Appeals said DHS' investigation of the youth's claim was "grossly inadequate."

Jackson attorney Cliff Johnson represented the child and characterized the damages as follows:

"Our client suffered horrific abuse while under the care of the state of Mississippi, and we hope that the state will at long last accept responsibility for its conduct," Johnson said.

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Ya'll Politics has this post this morning stating that Christi McCoy is out as the U.S. Attorney appointment for the Northern District and that the Curtis Ivy of Oxford is in. According to Ya'll: 

Today a source with insider knowledge tells YallPolitics McCoy's "deep" ties with Joey Langston, and other issues, stalled her possible nomination. The source then went on to say Curtis Ivy, who has been a contender since the beginning, is highly regarded by many involved.

YP could not independently confirm Ivy's chances, or whether McCoy's ties actually prevented her from becoming the U.S. Attorney, however the source has been spot on with many other issues, and finds him credible enough to worthy this post.
 

Ivy is an African-American assistant U.S. Attorney in the Northern District who has a good reputation. In June, it was widely reported that McCoy's name was already submitted to the White House. I discussed it in this post. If McCoy is out, it is a recent development that apparently was based on a decision made by the White House. Of course, the White House could make such a decision based on anticipated Republican opposition after floating the name to Republican Congressional leaders.

It has long been presumed that one of Mississippi's U.S. Attorney seats would go to a white and the other to an African-American. With McCoy being white, speculation in the Southern District focused on Natchez attorney Deborah McDonald. One question now is that if Ivy is in in the North, does it open the door in the South for someone like Cliff Johnson. There will be a lot of speculation on these issues in the coming days.