Sunday, April 30, 2023

Woman Sues Capitol Police for Shooting Injury

Latasha Smith sued Capitol Police Chief Bo Luckey and Department of Public Safety Commissioner Sean Tindall in U.S. District Court on April 25 for injuries she allegedly suffered during a Capitol Police shooting in December.  The complaint states: 


9. On December 11, 2022, the Plaintiff was enjoying the peace and comfort of her apartment home, located on Skyview Drive in Jackson, Mississippi. The Plaintiff was not committing, nor had she committed, a crime, and was not the subject of any active warrant for her arrest.

10. As the Plaintiff enjoyed the peace and comfort of her home, certain primarily Caucasian law enforcement officers with the Mississippi Capitol Police Department (""MCP"") and the Mississippi Department of Public Safety (""DPS""), under which the MCP operates, acting in their individual capacities and in their official capacities as law enforcement officers for the MCP and DPS, with deliberate indifference and reckless disregard for the life, liberty, health, safety, and well-being of the Plaintiff, recklessly and intentionally discharged their firearms into the occupied apartment complex in which the Plaintiff resided. As a result of discharging their firearms, several bullets struck and entered the apartment home in which the Plaintiff was occupying. The Plaintiff was struck by one bullet while lying in her bed, which entered into and remains lodged in her arm.

11. The Plaintiffs freedom of movement was restrained and denied by the actions of the law enforcement officers for the MCP and DPS.


 

Ms. Smith argues the Capitol Police officers used excessive force in discharging their firearms.  The complaint does not provide any other details about the incident nor the circumstances of the shooting.  The complaint continues: 

20.  The actions and inactions of the law enforcement officers for the MCP and DPS, as mentioned above, jointly and severally, in knowingly and deliberately using excessive force against African-American citizens was a State created danger.

Ms. Smith repeats this allegation in the complaint but never cites any actual incidents, media reports, or court findings in support of such claims.  She argues later: 

the law enforcement officers for the MCP and DPS.Ms. Smith argues the Capitol Police officers used excessive force in discharging their firearms.  The complaint does not provide any other details about the incident nor the circumstances of the shooting.  The complaint continues: 

20.  The actions and inactions of the law enforcement officers for the MCP and DPS, as mentioned above, jointly and severally, in knowingly and deliberately using excessive force against African-American citizens was a State created danger.

The complaint does not cite any examples of the "multiple instances."  It alleges the following causes of action under Section 1983 of 42 U.S. Code: 

  1. Custom, policy, & practice
  2. Failure to implement appropriate policies and procedures
  3. Refusing to prevent
  4. Failure to intervene
as well as state law claims of:  

  • Negligence
  • Gross negligence
  • Negligent Hiring, Retention, Supervision, & Control
  • Res Ipsa Loquitur
  • Reckless Disregard
  • Vicarious Liability- Respondent Superior
  • Agenty under the Mississippi Tort Claims Act
  • Assault and Battery
  • Common Law Tort of Outrage
Ms. Smith argues she exhausted her administrative remedies.  The complaint asks for damages for pain, suffering, physical injury, and medical bills.  Punitive damages are requested as well. 

Attorney Dennis Sweet, III represents the plaintiff.  The case is assigned to U.S. District Judge Tom Lee. 


35 comments:

Anonymous said...

“Excessive force in discharging a firearm”…… WTF- did they pul the trigger to hard? This is bullshit…..

Clay Edwards said...

This current batch of Jacksonians would rather marinate in a blanket of death & violence that to for one second have white police officers attempt to make their quality of life better. It so asinine that you'll never be able to make it make sense, and honestly I've lost so much respect for them that I don't even care what they think or say about me.

Tip O’Neill said...

Quit reading right after “primarily Caucasian law enforcement officers“, she’s out for dollars from the vile White man.

Anonymous said...

Quit throwing away tax dollars where they aren’t wanted. Let Jackson be Jackson. Best decision is to move State jobs out of the City.

Anonymous said...

Damn KF, you scooped them all again - says none of your syncophants this time. Read this on two other sites Friday.

But - does't bother me.. I just love those comments claiming you scopped the world, when media sites have to get approvals prior to running stories, or check sources.

Agree, though, that Mr. Sweet's diatribe doesn't support the claims made.

Anonymous said...

Great, another acronym - just what we need. "primarily Caucasian law enforcement officers," or henceforth PCLEO

I'd expect this from Sweet IV, but I'm a little disappointed in Sweet III.

Anonymous said...

Withdraw all funding to Jackson. Worse than a Third World shithole.

Let it rot. We should not even give a second of time to these racists.

PittPanther said...

If you use a firearm, you're responsible for every bullet discharged from said firearm. Being a cop doesn't absolve you of blame for shooting through thin walls in apartment buildings.

Anonymous said...

Ms Smith I have to ask, why of the 100,000 plus people that live in the area that the Capital Police serve, why they chose your house? Why are they picking on you.? I’m a Law Abiding African American, they ain’t picking on me! Ain’t no one busting down my doors and shooting without cause.

Anonymous said...

More justification to use lawyers for cancer research.

Anonymous said...

Just for clarity “res ipsa loquitur” is not a claim or a tort. It is simply is a means of proving negligence in the absence of direct evidence or other circumstantial evidence, the accident would not ordinarily have occurred without negligence and the defendant had control of the instrumentality causing the harm. There is no such thing as the tort of “res ipsa loquitur.” The term simply means “the thing speaks for itself.”

Anonymous said...

9:44

You are correct in that you are “responsible” for rounds you fire. Shooting thru “thin walls” is also not a good idea. Returning fire from assailants can be considered as a mitigating circumstance.

Anonymous said...

If you want an omelet, you gotta break some eggs. I wonder who she would have sued if the criminals left unchecked had murdered her family?

Anonymous said...

Sounds like a comfortable and peaceful shakedown 😂

Anonymous said...

In US district court, this may not go anywhere, but if it had been in local Jxn/Hinds county court, she'd be looking at a huge payday.

Anonymous said...

Im with 8:01 and Clay.

Walk away my friends. Let them enjoy the crime.

I moved years ago when I saw this in the making. Everyone should live in an area that represents what they want in life.

The people in the city of Jackson have exactly that. Leave them alone. They want this. Stop asking whitey to save them with tax dollars and effective judicial systems. Its racist. Let them enjoy what they built and leave them alone.

Anonymous said...

PittPanther said...
"If you use a firearm, you're responsible for every bullet discharged from said firearm. Being a cop doesn't absolve you of blame for shooting through thin walls in apartment buildings."

There you go again...bouncing off walls. I don't see that anyone has claimed that the police were not negligent or that they are not responsible, within any applicable limits, for the outcome of their actions.

But, leave it to Pity-Pander to remind us how bad the PoPo are.

Anonymous said...

She did get shot by the police, though. And as a result of an incident she had no involvement in. That's pretty messed up. Like it or not, the police have a responsibility to make her whole.

Anonymous said...

Putting race in this incident to cover all basis for this litigation!!! The Attorney should be ashamed and sanctioned. If this was a negligent incident just say so.

Not smart on the Attorney’s part however this is Jackson blame everything on race when it comes to trying to get a payday in the bold new city.

Not taking sides.

Just saying

Anonymous said...

@8:27am - I’m sure the state would if they didn’t own half of downtown’s properties. Would costs billions to move everything out. Much cheaper to create a police force and courts and clamp down on this shit.

Kingfish said...

There is much information we do not have before making a judgment. What exactly happened that day? Was there a shootout? Was Cap Police returning fire? There was nothing in the news back then about anything in that area so what exactly happened?

Anonymous said...

“9. On December 11, 2022, the Plaintiff was enjoying the peace and comfort of her apartment home, located on Skyview Drive in Jackson, Mississippi. The Plaintiff was not committing, nor had she committed, a crime, and was not the subject of any active warrant for her arrest.”

“Several bullets struck and entered the apartment home in which the Plaintiff was occupying. The Plaintiff was struck by one bullet while lying in her bed, which entered into and remains lodged in her arm.”


I personally left Jackson 2 + decades ago, never plan to return, and with the leftist Chokwe regime in place wish that every business would also pack up and move as well, leaving Jackson to reap what it has sown.

However, if the above quotes referenced in the complaint are accurate, the Capital Police need their asses sued off and need to lose.

Unlike Democrats, Conservatives are supposed to be moral and not make “omelet break some eggs” excuses.

Anonymous said...

Dennis and Carroll Rhodes are the attorneys. Race will be made the central issue, without a doubt.

Anonymous said...

If she accidentally shot through a wall, sight unseen...how is this racist?

I am not saying she is wrong to seek some level of compensation for this.
Just don't see how the bullet knew her skin tone.

Anonymous said...

9:44
Is it your position that police should not meet deadly force with deadly force?
No one condones innocents being shot in their homes.
Collateral damage is a reality. Redress should be available to victims there off.
It is not a question of morality. It is a question of providing safety for citizens. I seriously doubt race was a factor in the decisions made that day. Race seems to be the over riding factor in the suit.

Anonymous said...

It’s time to move our state capital and let Jackson fend for itself.

Anonymous said...

If the cops were predominately black would the litigation have been filed?

What is really going on said...

These bottom feeding lawyers shouldn't have made this a race issue. Shame!

Anonymous said...

I can't/won't say it happened as L. Smith says, but I can picture the Lumumbas' in her ear.

Anonymous said...

Race- that’s the ticket.

Anonymous said...

Remember your words when CCPD mows you down all because someone near you was speeding on 55.

Anonymous said...

I think a lot of the comments here sympathize with the victim but are also disgusted with the race card over use.

But don't worry 12:09, I am sure they will also make car speed chases racist if a white cop kills a minority then too. Black cop kills white person. No mention of race.

Anonymous said...

KF- Which Sweet is this? Father or Son? If it’s the father, CPD grab a checkbook, he doesn’t loose many civil suits. If it’s the Son , grab a beer he isn’t all the bright.

Anonymous said...

10:22 AM, absolutely “police should meet deadly force with deadly force.” But police first have a prioritized obligation to “serve and protect” innocents. Maybe the WJTV article failed include “information we do not have” as KF pointed out, but if the article is correct, Capitol police chasing a car they believed was stolen to an apartment complex in South Jackson - resulting in a stray bullet striking a woman, that could have struck and killed her daughter, is likely police error HS!!!
You won’t find someone more pro-police and more against the anti-police BLM scam than me. But history has given us too many examples of overzealous police tactics.
I once asked a DEA agent what weapon he used in raids. He responded “an 870.” He said he didn’t have to worry about missing, he didn’t have to worry about it not doing the job, and he didn’t have to the worry about a bullet going into the home next door and killing an innocent.
This ain’t rocket science. Be certain of the target, be certain of what’s beyond it and don’t point a weapon capable of piercing a damned wall at anything you are not willing to destroy.
Again, the best policy is to get the hell out of Jackson. Leftist Democrats ruin everything.
P.S. the race car is a ruse.

Anonymous said...

As I’ve said many, many times, in America the cause of every issue, disagreement, or problem will, warranted or not, eventually devolve to race.


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