Friday, August 5, 2016

Judge Kidd to Madison: Stay in Jackson.

Hinds County Circuit Judge Winston Kidd denied an attempt by the city of Madison to transfer a lawsuit to Madison County.  Robert Pugh was injured during a Madison police chase that began at the Target store in Jackson and ended by Gallatin Street in Jackson.   JJ reported last December:


The complaint states that Madison PD "exceeded its jurisdiction" when it went to the Target store in Jackson on February 22, 2014.  Two suspects used stolen credit cards at the store.  Store personnel alerted MPD and JPD to the presence of the suspects.  MPD dispatched units to the store and claimed it notified JPD. The complaint states that JPD claims MPD did not request help. MPD allegedly pursued the suspects at speeds over 90 mph.  It is not known if the chase had anything to do with the Germans.  The suspects crashed into the rear of Mr. Pugh's vehicle at the intersection of Oakmont and Gallatin.  The complaint states the chase lasted approximately fifteen minutes and through through I-55, High Street, and "narrow streets by neighborhoods and churches in Jackson".    The crash knocked Mr. Pugh's vehicle through a fence and into Carl's Sheet Metal building on Gallatin Street.  The building was ironically owned by the family of the Madison city attorney.

 Mr. Pugh suffered several injuries.  The complaint states he was bleeding from his right eye, nose, and mouth.  He suffered fractured ribs, a compression fracture of a lumbar vertebrae, and a blown pupil.  He wears a back brace and is still treated for his injuries.  He claims medical bills are over $40,000.  The complaint seeks recovery for the medical costs and lost wages as well as punitive damages.

Madison asked Judge Kidd to dismiss the case last summer.  Madison argued that the case should have been filed in Madison County since Madison is a defendant in the case. 

 Judge Kidd denied Madison's motion in July and ruled the case will stay in his court.  He also denied a motion to dismiss filed by the defendants as well.

Kingfish note: It will not be a surprise if Madison loses this lawsuit at trial and on appeal.  The chase started in Jackson and ended in Jackson. JPD did not take part in the chase although it is a defendant.  The crime was non-violent in nature. One can almost hear Judge Kidd thinking "You wanted to get in Jackson so bad, now you can stay in Jackson."

41 comments:

Anonymous said...

I wish Las Vegas would let me bet on the outcome of this case......

Anonymous said...

What is Madison facing on punitive damages? Seems like I read on the Clinton chase thread that there is a $1MM cap is that correct?

Anonymous said...

Its the correct ruling. Mary is not the Queen of everywhere.

Anonymous said...


I hope Rocky can get this man the full amouunt allowed under state law. This case will get settled before court.

Anonymous said...

Surely you sidewalk lawyers will admit that the attempt was a given and necessary. Perhaps the venue can be changed to federal court since federal funds are used to purchase police equipment and pay salaries, in part.

Anonymous said...

Glad I read the attached document. I wondered what Mr. Pugh was driving. Turns out, it was a SUBURBAN. Those weigh up to 5,800 pounds. What would have happened to him, had he been in a smaller vehicle? Or, what would have happened, had the Perps been driving something more substantial than the Dodge Caravan (which weighs only up to 4,000 pounds: I'm looking this up, as I type...).

Maybe it's time for me to trade-up, since my Lexus LS only weighs around 4,400 pounds, while the LX SUV is 6,000 pounds. Weight still counts, in multiple-vehicle crashes. I've been looking for safety numbers, but can only find YouTube videos of LX crashes in scary foreign countries, where stupid-but-rich people drive like idiots. The occupants seem to come out OK, in high-speed collisions.

It's horrible that we have to drive such ridiculous vehicles. But considering who's on the roads around here...

By the way: in this metro full of morons, you really need at least half-a-million in Uninsured Motorist's Coverage. The guy who hits you probably only has fifty thou in liability (assuming he even HAS insurance), which will seldom suffice in "making you whole", after the crash.

Anonymous said...

When cities have to raise taxes to fund litigation and pay settlements and verdicts, they may tell their police chiefs to reconsider their pursuit policy, especially when the underlying offense is non-violent.

Anonymous said...

We could buy a police heli for what we spend in the metro on lawsuits, plus avoid innocent bystander deaths.

Anonymous said...

The got-damned Germans got nothing to do with it!

Anonymous said...

There is a $500,000 cap on this case since it will be a Tort Claims Act. No punitive damages available. No jury trial either. Judge Kidd will hear it.

Anonymous said...

Do your job and write the check if you have to.

Kingfish said...

And WLBT rips off JJ

Anonymous said...

You really think LBT's only source of 'news' is reading your site? Get a grip. They get their information the same way you get yours. Difference is, they have to vet it more, and also they have to produce a 'stand-up' to put on air - at an appropriate time in their schedule. You have the luxury of being able to post at any time.

Know it plays to your ego, and your boy that has been making the posts for you must be out on recess - so you have to do it for yourself now.

Anonymous said...

Madison is going to get destroyed in this one.

Anonymous said...

1:24PM: When cities have to raise taxes to fund litigation and pay settlements and verdicts, they may tell their police chiefs to reconsider their pursuit policy, especially when the underlying offense is non-violent."

Maybe when liberal-leaning jurors and judges stop punishing cities, counties, and police officers for doing their best to protect law abiding citizen's lives and property for the crimes perpetrated by criminals, we will see this nonsense decrease. When criminals are aware that they have a sanctuary city close by and when a liberal society places blame for innocent's being harmed on the officials, and not on the criminal, we get what he have today.

Anonymous said...

August 5, 2016 at 4:25 PM = CLUELESS

Anonymous said...

4:53, not much chance of the people changing into law abiding citizens who appreciate law enforcement. There will still be sanctuary cities. When the working and tax paying people leave a city they leave the non working no tax payers to elect the leadership. They will elect what is good for them and that is not anyone who believes in law and order. Of course there isn't much left in these cities so the criminals will have to leave the sanctuary city occasionally. The law enforcement in surrounding areas will just have to learn to catch the criminals before they can return to their sanctuary.

Anonymous said...

I'm not liberal leaning but if those idiots caused my wife or parents to be injured over something petty , I'd sue too.

Anonymous said...

when people's live are endangered its not a conservative or liberal issue, its a matter of public policy. Any law abiding citizen detest all crime. But no individual wants a high speed on a highway when their are traveling with their family to stop a person who stole a credit card. My family is worth more than a stolen credit card. I expect criminals to be criminals. I also expect law enforcement to take reasonable steps to mitigate the danger to the public in the performance of their duties.

Anonymous said...

But no individual wants a high speed on a highway when their are traveling with their family to stop a person who stole a credit card.

But if the person being chased is a murder or rape suspect then you have no problem with the endangerment of your family. Thanks!

Anonymous said...

I'd love to see the dash cam video.

Anonymous said...

Knock 'em out, Rocky! Put Madison down on the mat!

Anonymous said...

Several comments about how the original crime was not serious but no one thinks about how serious the second crime was. Guy was driving at high speeds to get away from the police. Ya'll want to blame the police. If the criminal cooperates, being as the crime was so minor an all, there is no chase. No one made this guy drive away at high speeds. There is the real crime and the real criminal.

Anonymous said...

12:22am Please join us in the real world. Criminals try to avoid being caught.Criminals do not respect the law or follows rules. There is also something called the "flight or fight" response .
lLaws that increase the penalties for fleeing have not made any difference in reducing the number of innocent bystanders that are killed. Mississippi has already increased the penalty for fleeing.
Those who choose up sides without bothering to learn anything on an issue are destroying this counrty. Try getting facts from unbiased sources first. If you don't your opinion is worthless. Find out what other cities have done that works .
At minimum the police involved should be trained to ask themselves two questions. 1) Does the result outweigh the risk to innocent civilians?2)Do iI already have sufficient information to apprehend the suspect by other means? That is part of good training.
Police have already been trained not to open fire on aa suspect when civilians can be injured. This is no different!
This is not the movies or television! This man will suffer his whole life from his injuries.

Anonymous said...

Try getting facts from unbiased sources first. If you don't your opinion is worthless.

You didn't provide even one link. Your "unbiased sources" are non-existent and your opinion worthless.

Anonymous said...

Many times when a criminal runs from the law it is in a stolen car. They use the stolen car to get away when they are caught committing another crime. Who knows how many crimes they have already committed, and we may never know. It is strange people want the criminal to get away and the law punished. That is until some criminal commits a crime on them or their family. Everything suddenly changes.

Anonymous said...

Who gives a shit what a Lexus SUV weighs? I'm wondering about this as I type.

Anonymous said...

"Who gives a shit what a Lexus SUV weighs? I'm wondering about this as I type."
August 6, 2016 at 10:23 AM

It's about Physics, Risk Management, and Resource Allocation. Nobody is expecting YOU to understand or care.

I would hope that YOU would have chosen a 2011 Kia Rio - particularly if it turns out that you will be a participant in a high-speed car chase.

Anonymous said...

8:02 am I expect you to do your own homework.
If you don't search the facts on your own, you would dismiss any link I provided as " biased".

You have a search engine. Use it! " Recommended guidelines for police pursuits" would be a good start!

Anonymous said...

Why don't people hold criminals to blame when something happens when they run from the law? They choose to break the law before and during the chase. The law is only doing their job, the one they are paid to do.

Kingfish said...

Apparently the concept of jurisdiction means nothing to some of you.

The chase began in Jackson, it stayed in Jackson, and ended in Jackson. There was just one problem. The police were from another city and weren't escorted by JPD.

Anonymous said...

The first job of the police is to serve and protect. That means to serve and protect the innocent taxpayer. Like it or not apprehending misdemeanor shoplifters at the possible expense of innocent lives is not "serving and protecting". Every department must have a pursuit policy that reflects concern and respect for the innocent bystander no different than a policy which restrains officers from shooting into a crowd in the hope of hitting a criminal. The gravity of the crime itself must always be considered before launching into a chase which will probably end in some kind of collision. Even if it's in worthless Jackson. You never know when a VIP might be passing through Jackson and you wouldn't want him/her killed. It seems the only way to get the message across will be lawsuits brought by innocent people whose lives were not valued above "making the collar".

Anonymous said...

Laws are made for a purpose. Those breaking the laws should be arrested. Today we see many people doing all they can do to protect criminals. One reason cop cars have sirens and flashing lights is to warn the public there is something wrong and they are coming in that direction. The intelligent person will notice these flashing lights and the loud noise. Not so intelligent people may be attracted to them. Some criminals may run and some may try to help those fleeing after breaking the law.
To have law and order it is necessary to catch the criminals. Lets face it, not a lot of criminals are going to voluntary turn themselves in when they commit a crime.

Resource Allocation Indeed... said...

"It's about Physics, Risk Management, and Resource Allocation. Nobody is expecting YOU to understand or care."

Obviously posted by the guy who has managed to get himself sent to a seminar with free chicken/green bean lunch.

Anonymous said...

"The first job of the police is to serve and protect. That means to serve and protect the innocent taxpayer."

Oh? Then what about the other 65% of the residents of Jackson?

Anonymous said...

1:48, do you really think 35% of the people in Jackson pays taxes? Hell, the % of real tax payers in the whole damn state isn't much higher than that. Remember, Ms. gets back over $3.00 for every $1.00 in taxes they send to the feds.

Anonymous said...

Why was Madison involved in the first place? Where they already looking for the guys? I don't remember the details of the original story, but from this brief recap I have a hard time figuring what Madison was doing. I may could see Ridgelenad PD being involved out of proximity if there was an immediate need for police involvement and they were already on county line, but why is Madison two jurisdictions south of theirs?

1:48 I Am.. said...

Yes; 10:20, I do believe about 35% of Jackson residents pay income taxes. And the number for the state as a whole is closer to 54%.

But, income taxes don't fund police departments to begin with. You thought they did.

Anonymous said...

One thing that never gets pointed out in these threads is how worthless the dispatchers at Jackson are. Fire and police sit one right behind the other and can't get the correct information passed between themselves. I've had to deal with them for many years on different levels and it is the weakest link in Jackson's public service system. Not saying it happened in this case, but it would not surprise me if Madison did call JPD and the information never made it out of dispatch - if they even answered at all!

Anonymous said...

5:15, I am well aware who pays police depts. You said tax payers in your post. Do you think no one in Jackson pays any federal taxes? You are probably very close to the truth.

Anonymous said...

Sort of off topic but does anyone know what happened to the equipment installed in a down town Jackson building by Homeland Security? Remember the place where then mayor Melton knocked the lock off and showed us what was inside.

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