Sunday, July 5, 2015

Update on MHP discrimination case

Lieutenant Gayle McMullin, MHP Colonel Don Berry, and their respective attorneys met recently to discuss settling a race discrimination lawsuit Ms. McMullin filed against the Department of Public Safety.  The minute entry in the case states:

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 6/25/2015 in Jackson, MS. Appearing: Donnell Berry, James W. Younger, Jr., Dennis L. Horn, Gayle McMullin and Peter Cleveland. This case did not settle. (JEJ)

The case is set for trial in August. Perhaps we should run a poll: Should McMullin settle or not?

16 comments:

Anonymous said...

She should not settle!

Anonymous said...

She has likely spent a small fortune getting this far, and she is obviously tenacious in her efforts to pursue justice, so how can this be settled? Go girl!!

Stick It Or Ticket said...

JJ has obviously been reading the WLBT social media board where they run six silly polls a day regarding everything imaginable. If the defendants (accused) in this case were gambling with their own money, they would have settled early and often. Since they're not, though, and the money belongs to you and me, they're as content as fat frogs on a fir log. This woman will win her case and that will be the end of it. Feel will tell his boys, 'Y'all be careful now, we don't need no more of this.'

Anonymous said...

1:06 AM

Before all you arm chair lawyers get carried away keep this in mind.

She has not spent one dime on attorneys fees. Read that again. Not a dime.

This area of law has a provision which will allow her, if she is successful, to get her attorneys fees paid for by the other side.

So there is no real incentive for her attorney to settle absent the other side capitulating and agreeing to pay all his fees and her damage claims.....something that is not likely tolerable....especially since neither side has anything thing to gain by settlement....after all if the defense loses...its tax payer money!

So sit back and wait for the trial on the merits.

Anonymous said...

It seems that when you "settle" a case like this the perps get away with it, the tax payers get soaked financially with what ever $$$$ are awarded and it's business as usual the next day. Heads should roll and careers should be ruined. I remember a case several years ago in Jackson when a certain Councilman's secretary (white) was harassed and intimidated by others in the area (black) She sued and was awarded $80,000.00. When she went to work the next day, victorious that a wrong had been exposed, and the very same "thugettes" were sitting at their desk's smirking at her.

Anonymous said...

Obviously Perry Mason at 6:17 doesnt understand how things work and lawyers do not work for free. She will and should win this case and DPS will have to pay lawyer reimburse her lawyer fees plus what ever else the parties decide upon. Th e will spend our money fighting a battle that they will not win and thats why they do not care. In the end we will still have a trooper who has been fired three times working for DPS and will be promoted to another important job at DPS. They should all be ashamed.

Anonymous said...

IMHO, the judge is complicit in wasting tax payer money and running up legal fees.

Justice delayed is justice denied and this has been nothing more than an attempt to " starve" this woman into a settlement and the judge knows it.

Every month that she has gone without employment and been jerked around by having to be available to the court is an undue burden.

How many " delays" have the defendants requested? How often did they use " discovery" as a delay tactic?

The best reporting you could do, KF, would be to track how many " delays" judges in this State grant.

I have watched trials where the relevant facts are established in the first 6 months go on for 7 years and in that case, the person needing justice ended up sleeping in their car.

And, too often we've seen those wronged settle for pennies on the dollar damages and never made whole.

And, like in this case, the taxpayers pay the legal costs far too often when government files either hopeless, bogus lawsuits or defends the indefensible as in this case.












Kingfish said...

I don't think there were any delays per continuances as the Judge ruled against McMullin on summary judgement.

Anonymous said...

7:20...been doing this little law thing for 20 years.....

In fact...know all the lawyers in this case...and have seen this play out.

So....do the reading world 2 favors.....learn to type coherently and more importantly....shut up when you knoweth not of what you speak.

Plaintiff's lawyer will keep up with his time. When he goes to trial and if he wins then he will seek his fees from the employer. This lady could ill afford to pay Dennis much of anything...so its a wing and a prayer....but that's risk...and it is often rewarded.

Anonymous said...

very few plaintiff's attorneys get paid by the hour, they take the case on the contingency that they will win and either get fees awarded as prevailing party or a percentage of the final verdict or settlement.

I don't recall reading that she is unemployed, just unpromoted.

Kingfish said...

She still works there. She was never fired nor did she quit.

Employer Rep For Decades said...

Probably not able to knock off early for a medical appointment or child's event any longer. Sadly, people who file legitimate complaints (like this) suffer worse discrimination and harassment after the filing. And it WILL NOT end.

Anonymous said...

Considering the present fact pattern, and past actions it seems that DPS is in a nearly indefensible position and its decision making process when selecting new staff, or promoting existing employees defies logic. The only defense I see is ignorance, and a history of getting it wrong - a lot. But this is not at all new for the department, well qualified candidates are routinely passed over for friends, family, yes men, or those who know something damaging about the organizations leadership. Take a look at the staff of the highway patrols homeland security office (yes, for some reason they have one) and its easy to see how this works.

Anonymous said...

@ 7:28 - Don't know anything concerning the internal working of DPS, but it does sounds like they have problems. I work with a local sheriff's department and can say the MS Office of Homeland Security has done nothing but good things for law enforcement, from grants to training. I worked with the past director and staff and now with the current staff and I have nothing but good things to say about the operation of that office.

Anonymous said...

8:48's post bought and paid for by the taxpayers of the United States and the state of Mississippi. So you work "for" or "with" a local sheriff's department? Let's see how complimentary you are once the gravy train stops. All that "free" stuff they give you comes from somewhere... Another pathetic government entity that relies on handouts.

Anonymous said...

@10:02 .. I work for a local sheriff's dept. and pay taxes just like you, so nothing is FREE. The MOHS office has helped our agency along with many more across the state. The gravy train is federal money and not state, and without the gravy money you speak of, we would not be able to train like we have or replace outdated equipment that our agency cannot afford at this time.

If the gravy train stops, I will be thankful for the opportunity we have had over the years with the federal grant money and what it has done for us and other first responders across the state.

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