Friday, September 21, 2018

Blow Out Heart with Cocaine, Blame City, City Pays

The Jackson City Council voted to settle a lawsuit filed by the family of a man who died in police custody several years ago.  The Clarion-Ledger reported:


The family of a man who died in Jackson police custody in 2015 has settled a federal lawsuit filed against the city.

The Mississippi Bureau of Investigation determined Jamaal Mallard died of a cocaine overdose after being arrested for allegedly stealing a lawnmower. He died in a Jackson Police Department holding cell Oct. 11, 2015,

Mallard's mother, Nanette Mallard, filed the lawsuit in federal court in Jackson on behalf of her son's heirs.

The lawsuit said detention officers failed to perform adequate in-person surveillance checks during Mallard’s incarceration.

Nanette Mallard had been represented by Chokwe Antar Lumumba before he became mayor.

Carlos Moore, one of her current attorneys, said the City Council voted last week to settle the lawsuit.

City Council President Melvin Priester Jr. said Thursday he could confirm the lawsuit was settled but wouldn't comment further because he said there is other pending litigation involving the jail holding area.

Mallard's lawsuit said questions of fact existed as to the constitutionality of the city's policies regarding the handcuffing, medical screening, video surveillance and in-person monitoring of pre-trial detainees related to the death of Jamaal Mallard.

"Simply put, if someone would have opened the door, or even spoken out to Mallard, or even looked more than once in three and a half hours of incarceration, Mallard may still be alive today," court papers for the family said. "The city of Jackson had no policies requiring even this bare minimum of effort."

Nanette Mallard said Thursday during a news conference with her attorneys, Moore and Michael Carr, that money can't equate to human life, but she is grateful her lawsuit will bring about changes at the city holding facility. Rest of article.

 Kingfish note: This guy comes into the jail with a body loaded with cocaine.  So much cocaine that he blew his heart out and yet it is somehow the fault of the police?  Please.  Look for more such lawsuits by Carlos the Clown.  Why shouldn't he troll for them if the city is going to bend over and pay for them? 

Just a reminder.  Posted below is the MBI press release:

At the request of officials of the Jackson Police Department, the Mississippi Bureau of Investigation (MBI) investigated the death of a man at the Jackson jail. As a result of the investigation, it has been ruled he died of fatal cardiac arrhythmia caused by acute cocaine toxicity.

On October 11, Jamaal Mallard, 29, of 2405 Courtview Street in Jackson died in a holding cell at the Jackson Police Department.

He was booked into the jail at 3:43 AM and his dead body was discovered at 6:00 AM.  Yet the city settles the lawsuit.  

24 comments:

Ruthlessly Refuse said...

I'm so thankful I moved outta JackTown. The family who won the lawsuit will be moving outta Jacktown soon too with their get out of jail money to Madison. 87.9 % of lawsuits filed in Jackson in Federal Court are EEOC complaints. Federal Registery No.3316 March 2017 Page 76-79. Carlos Moore is laughing all the way to the bank with his 60/40 split. Jackson is going to make him filthy rich. Roll On easy Money!

Anonymous said...

The most surprising part of that story is that someone was arrested in Jackson for stealing a lawnmower?

Anonymous said...

It helps to get your suit settled if the current Mayor just happened to be your original attorney.

Anonymous said...

Hey, It's only taxpayer money and the mayor was his attorney. After all, they couldn't take a chance on a trial.

Anonymous said...

Cha ching, the ghetto lottery pays out again.

Anonymous said...
This comment has been removed by a blog administrator.
JunctionJohn said...

"If they hate, then let 'em hate, and watch the money pile up."
-Kanye West
(...although, after Ye's recent demeanor, I feel bad for using him in this instance.)

Anonymous said...

The important detail is the amount of the settlement. Do we know that? If it was for nuisance value, then the risk of financial exposure largely dictates a reasonable settlement was prudent. Moore can say he settled all he wants, but it may have been for pennies.

Until we know the amount, I'll reserve opinion about if JXN failed to follow proper procedures.

Anonymous said...

Suing the City, then having your attorney elected mayor of the same city, then not having to go to trial. Is that what the Stokes dictionary calls a win-win.

Anonymous said...

Another reason to live in Hinds county if you are a career criminal. Carlos Moore, how does he still have a license to practice law?

Anonymous said...

You peoples need to back off! This ain't yo' trough no mo" Nothing to see here, move along!

PittPanther said...

If you arrest someone, you become responsible for them. Whether you're in Jackson, Madison, or wherever. Is that hard for you to understand?
You can't arrest someone and then shrug your shoulders and claim you don't know what happened. You. Become. Responsible.

Anonymous said...

I dont believe we know the amount of the settlement. If they settled for 10, 15, 20 thousand it may have been cheaper than the cost of litigating. We really dont know if it was a good deal or not without knowing the amount.

Anonymous said...

Having defended cities in numerous MTCA suits, as well as defending against Carlos before, let me say what I think: this was probably a nuisance value settlement. For instance, if the City can get it settled for $10,000 and it would cost $100,000 in litigation expenses, the city will do so. And even though it’s a shit settlement, Carlos will crow that he brought down his mighty opponent no matter what. The multi million dollar suit/settlement he obtained that he perpetually brags about, it was a Default Judgment, meaning the Defendant simply failed to respond. No idea how much he was actually paid, if anything.

Anonymous said...

I thought that was Fifty Cent.

Anonymous said...

Pretty sure the settlement is based upon the belief that the police did not provide the minimum level of care. The city settled at a discount compared to the case going to trial. Quit trying to be dumb*sses, people.

Anonymous said...

6:16 is correct

Anonymous said...

Pitt, they are not responsible when God decides you done too much blow and pulls the plug.

Anonymous said...

Seriously, then...what could/should the city have done? Should they have transferred him to UMMC so he could die there? I think probably the answer is going to be yes. The man would be just as dead either way regardless of which cot he laid on when his soul departed his body, as it were.

It's unclear as to whether or not Attorney/Mayor will be splitting with Carlos.

Anonymous said...

"The most surprising part of that story is that someone was arrested in Jackson for stealing a lawnmower?"

Damn good catch!

Anonymous said...

If you're not part of the judicial system, it's hard to understand how it works. Every day people get paid to just "shut up and go away". Sometimes it's just cheaper that way. Also, innocent people plead guilty all the time because the risk is higher if they go to trial and is found guilty. It's hard to trust that 12 strangers will make the right decision. Our system is not perfect, but it's all we have.

Anonymous said...

3:01 PittPanther. Don't publish that bullshit like it's fact. There's no case that says you are responsible for ANYTHING the person in custody does. There is a standard of reasonable care which the arresting authority must provide. Jackson is a pretty sorry operation if they don't understand those standards after operating a lockup for a hundred years. Even if the cash settlement is only nuisance value, the city having to admit that it's policies were inadequate after a druggie overdoses and dies in less than 3 hours in custody is reason for real concern. Who the hell runs that jail?

Anonymous said...

"Who the hell runs that jail?"

The ghost of Dale Danks. Or for all I know...the man himself.

Anonymous said...

The big question is how much the mayor is getting for a referral fee for referring the case. The city attorneys are under the direction of the mayor, and the city attorney makes the recommendation to the council to settle.

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