Jackson Jambalaya

A lawsuit filed Thursday accuses Bay St. Louis police officers of arresting, beating, and choking a man who was already beaten to a pulp by some thugs before the police arrived.  Thomas and Cody Koenenn sued BSL police officer John Nelson as well as several other police officers and Mayor Les Fillingame for $5.6 million in damages in U.S. District Court for the incident that occurred last September. 



The events that led to this complaint began at 1:00 AM on September 30, 2016 near Lil Joe's Seafood and More location.  Officer John Nelson allegedly accused the plaintiffs of selling beer to minors.  Officer Nelson appears to be the "problem officer" if the complaint is to be believed.  The incident is recorded on a body camera video although Nelson allegedly denies the video exists. The morning quieted down for awhile until:

Between the hours of 3:00 a.m. and 3:30 a.m. on September 30, 2016 in an area outside the front of the Lil Joe' s Seafood and More, three (3) unknown individuals made homosexual advances on Petitioner CODY. When Petitioner CODY refused their homosexual advances, Petitioner CODY and THOMAS were suddenly and violently attacked by said three (3) individuals. Upon information and belief, Petitioner CODY was subjected to the unwelcome homosexual advances because CODY was wearing as Aeropostale brand shirt.

12. At 3:23 a.m., a bar tender who was working at the Blaze Bar made a 911 call to the Bay St. Louis Police Department to report that a fight was or had been going on in front of his bar and reported that at least three (3) people were involved in the fight.

Thomas Koenenn was knocked unconscious in the melee.  He suffered lacerations to his face and head.  Cody Koenenn's nose was fractured and his face was a bloody mess.  The brawl ended before the police arrived.

The complaint states that the officers accused the Koenenns of being publicly drunk and ignored their attempts to get the police to do something about their beatings.  It claims:

being publicly drunk. Defendant NELSON cursed the Petitioners and told Petitioner CODY that "Let me tell you something, I'm the one who fuckin told you three hours ago to go home. So you wanna talk shit to me, I'll take your ass to jail." Defendant MURPHY told the Petitioners that they had the  option  of  going  to the hospital  or going  to jail.  After  Petitioner  THOMAS regained consciousness Petitioners  explained  to Defendants  NELSON, DICKENS,  and  MURPHY, and other police officers present, that they could not go to the hospital because they did not have health insurance or the means to pay for a hospital bill.

16. Petitioners' statements to the Defendants NELSON, DICKENS, and MURPHY that they did not have health insurance or the means to pay for a hospital bill, seemed to anger Defendants NELSON, DICKENS, and MURPHY who told the Petitioners they were under arrest and were going to jail. Petitioners informed Defendants NELSON, DICKENS, and MURPHY that they could call their mother to come and get them. Defendants denied the Petitioners' request and handcuffed the Petitioners behind their backs. Defendant NELSON falsely reported in his arrest report that Petitioner THOMAS failed to comply with his request to place his hands behind his back and falsely reported that he needed and received the assistance of Defendant DICKENS to complete the arrest and handcuffing of THOMAS. The Bay St. Louis police officer that was originally dispatched to investigate the incident involving the Petitioners told Defendant NELSON that "I ain't gonna do nothing with this shit." The Defendants placed Petitioner THOMAS in Defendant NELSON's City of Bay St. Louis Police vehicle and Petitioner CODY in Defendant DICKENS' City of Bay St. Louis Police vehicle to transport the Petitioners to the Hancock County Jail. Petitioners were told they were charged with the misdemeanor crimes of public drunk and public profanity.

The plaintiffs griped that the officers drove too fast in transporting them to the county  jail.  However, the jail apparently refused to accept the Koenenns since they had open wounds that were bleeding. The police took them to Hancock Medical Center.   The Koenenns complained again that they drove over 115 mph.  It was now 4:40 AM.



One would think that that would be end of the story but such a belief would be mistaken.  The police report allegedly accuses Thomas created a disturbance and refused to comply with directives issued by the police and hospital staff.  The complaint charges Officer Nelson  with writing a false police report.  The plaintiffs remained as they had entered the hospital: handcuffed.  However, some mouthing off took place:

24. At approximately 5:41 a.m. on September 30, 2016, Petitioner THOMAS told Defendant NELSON that the reason former Bay St. Louis Chief of Police had killed himself was because of "corrupt cops like you." Defendant NELSON then told Petitioner THOMAS "Hey mother fucker you better shut your fucking mouth and watch who the fuck you're talking about." Defendant DICKENS told Defendant NELSON to just let it go and told Defendant NELSON to just leave the hospital.

However, Officer Nelson left but ignored the advice and returned to the emergency room:

26. At approximately 5:44 a.m. on September 30, 2016, Defendant NELSON checked his body camera to insure that it was turned off, and in the presence of Defendants EAGAN and REYNOLDS, entered emergency bay room 1 where Petitioner THOMAS was on the hospital bed with his hands handcuffed in front of his body. Defendant NELSON pulled the outside curtain of emergency bay room closed.

27. At approximately 5:44 a.m. on September 30, 2016, Defendant NELSON grabbed Petitioner THOMAS by the throat and unlawfully, illegally, maliciously, and intentionally choked Petitioner THOMAS. Petitioner CODY observed the illegal and malicious acts of what Defendant NELSON was doing to Petitioner THOMAS and called out for help from the Defendants EAGAN and REYNOLDS, who were present in front of hospital emergency  bay room 2 and less than six (6) feet away from the attack on Petitioner THOMAS by Defendant NELSON. Defendants EAGAN and  REYNOLDS did nothing to prevent the attack on Petitioner THOMAS or to come the aid of Petitioner  THOMAS when summoned by Petitioner CODY.

 Officer Nelson allegedly high-fived another officer.  The police allegedly threatened to file more charges against the Koenenns  if they accused any officers of assaulting them.

The complaint also accuses Bay St. Louis Mayor Les Fillingame and his employees of covering up the actions of the BSL police officers.

The lawsuit charges the defendants with violating Section 1983 of Section 42 of the U.S. Code by violating their constitutional rights through the use of excessive force.   Mayor Fillingame and acting Police Chief Mayley are charged with conspiracy.  Officer Nelson is also sued for one count each of assault  and battery.  The tort of intentional infliction of emotion distress is included as well.

Each plaintiff asks for compensatory damages of $800,000 and punitive damages of $2 million.  They are represented by attorney Steven Irwin of Mandeville, La.