A prison guard (allegedly) beaten by Barry Gilmer while he was in jail sued the attorney for damages related to an alleged assault that took place in the Madison County jail. She suffered a broken collarbone, broken rib, and multiple contusions to her face when Gilmer allegedly attacked her as she served him his breakfast in the medical unit.
Rebeccas Biggart filed the lawsuit on February 28. The case is assigned to Circuit Judge Steve Ratcliff. The complaint states:
4. On January 26, 2024 Barry Wayne Gilmer was an inmate of the Madison County Detention Center in Madison County, MS. 5. On January 26, 2024 atthe Madison County Detention Center in Canton, Mississippi, without warning or provocation, Barry Wayne Gilmer attacked and savagely assaulted, beat, and battered the Plaintiff, resulting in serious and permanent personal injuries to Plaintiff. 6. As a result of the physical attack on Plaintiff by Barry Wayne Gilmer, Plaintiff has and will continue to suffer and sustain pain, mental anguish, disfigurement,loss of enjoyment oflife, loss of earnings and income, and will continue to suffer pain, mental anguish, and lost time from work to obtain medical care and treatment. Plaintiff has incurred and will continue to incur medical bills to treat the injuries inflicted upon her by Barry Wayne Gilmer.
Biggart seeks $1 million in actual damages and $1 million in punitive damages.
Attorney Paul Rogers represents the plaintiff.
Gilmer was serving a 12-day jail sentence when the alleged assault on the guard took place. Gilmer was convicted of shooting into a neighbor's house.
JJ was allowed to observe the security camera footage of the assault and take notes. JJ reported on February 2:
The video shows most of the attack, blow by blow, as the honorable esquire (allegedly) beat the female guard, breaking several of her bones.
The alleged assault took place in the medical unit of the detention center.
The video shows the guard pushing a food cart from cell to cell, delivering breakfast to the inmates. She picks up a tray and walks to Gilmer's cell. A nook obstructs the view of the door. A few seconds pass before Gilmer and the guard burst into view.
Gilmer had a tight grip on the guard's ponytail as he shoved her against the wall opposite the cell door (probably 6-10 feet away from the door) by pulling her hair towards the wall. Instead of shoving her against the wall with his right hand, he punched her, landing four vicious uppercuts as guards raced to protect the woman. As they tried to pull him off their comrade, Gilmer shoved her to the ground, falling on top of her.
The guards managed to pull Gilmer off of the victim and throw him back into his cell. A deputy said he hit her with several more punches in the area not covered by the camera. When the guard stood up, it was clear she was unable to raise her right arm.
The guard suffered a broken rib, broken collarbone, and multiple contusions to her face. She is recovering from her injuries but Sheriff Tucker said she wants to return to work when able.
Justice Court Judge Lloyd Spivey held Gilmer's initial appearance only a few hours after the attack. The Court set Gilmer's bond at $750,000 for aggravated assault on a law enforcement officer and $1,000 for attempted escape. Judge Spivey granted Gilmer a medical release on February 22.
Synopsis of Case
Attorney Barry Gilmer is apparently trying to convert his jail sentence to a prison sentence. The Madison County attorney severely injured a female detention officer as he beat her to a pulp this morning at the Madison County jail. Gilmer is serving a 12-day sentence after he was convicted of shooting at his neighbor's house.
The Epic of Gilmermesh began on April 16, 2018 when Madison County deputies arrested Gilmer on April 16 after he fired a shotgun in the direction of his neighbor's house. Justice Court Judge Lloyd Spivey, Jr., sentenced him to serve twelve days in jail for discharging the firearm.
Gilmer argued he was protecting his property from his neighbor's vicious dog. He said the hound-mix got out all the time and was on his property when the incident took place. He admitted in court he fired at the dog with his shotgun. The pellets shattered a kitchen window. Two small children were behind a window adjacent to the one that was shot. Gilmer claimed a tree blocked the view of the complainant.
Judge Spivey ruled Gilmer was guilty of the two charges. He fined Gilmer $500 and sentenced him to serve six months in jail for disturbing the peace, but suspended the jail sentence. He fined Gilmer $1,000 for the firearm charge and ordered him to serve twelve days in jail. Gilmer must pay court costs.
However, being the crackerjack lawyer that he is, Gilmer appealed to Madison County Court where the real courtroom fun began. Gilmer is a very capable attorney and used the court system to his advantage for quite some time:
In January 2019, Gilmer filed a notice of appeal to the county court for a trial de novo. In August 2019, the county court entered a scheduling order setting the date of Gilmer’s jury trial for February 24, 2020. On January 22, 2020, the county court entered an order rescheduling the trial date for February 27, 2020. The next day, Gilmer filed a motion to alter the scheduling order and requested additional time to comply with discovery. The City filed a response opposing Gilmer’s motion. The county court judge then emailed Gilmer and the City to set a date and time for a motion hearing and pre-trial conference. The county court judge indicated that he would rule on Gilmer’s motion and any other pending motions at the hearing.
February came along with more excuses. Gilmer emailed the judge 19 days before the trial and said he not been able to prepare for his day in court since he just concluded a "lengthy trial." The attorney included a motion to continue in the email but did not actually submit it to the Court.
Gilmer notified the judge the next day (February 10, 2020) that he was "hospitalized with pneumonia." The County Court set a pre-trial conference for February 19 and kept the trial set on February 27. The Court asked documentation of the hospitalization (affidavit from an attending physician) and a copy of his hospital discharge summary so the scheduled events could be postponed if need me. Gilmer emailed the judge yet again and explained he was "bedridden."
February 27 came and went with no appearance by the defendant at his trial. Gilmer emailed the Court 17 minutes after his trial was supposed to begin and said he was hospitalized yet again.
The Madison County Court dismissed the appeal and remanded the case back to Justice Court so Gilmer could serve his sentence. The Court noted Gilmer never provided any documentation showing he was hospitalized.
Gilmer asked the Court to reconsider its judgment and provided 100 pages of medical paperwork but not the required affidavit and discharge summary.
However, Gilmer couldn't wait for the County Court to rule on his motion but went ahead and appealed to Circuit Court. The Madison County Circuit Court said nice try and ultimately kicked out his appeal.
In a desperate attempt to avoid jail, Gilmer appealed to the Mississippi Court of Appeals.
The Court reviewed the case and as the lower courts did, dismissed his appeals, thus returning the case back to Justice Court for enforcement of the jail sentence.
Gilmer petitioned the Court of Appeals for a rehearing but the Court rejected the petition on March 19.
However, Gilmer caught a break when Madison County Justice Court Judge Lloyd Spivey granted Gilmer a medical release from jail on February 22.
38 comments:
I like what you did with the headline
I hope she wins and gets every dime.
Firearms violation endangered two children and caused property damage. Attack at the jail literally endangered the life of a female guard (not a coincidence the victim was female). And he skates on a medical discharge? He apparently wasn't sick when he beat the guard to a pulp.
cliff notes?
Rogers couldn't sue his way out of a wet paper bag. Bet she has new counsel after disco starts.
Men and women are equal. Yeah, right.
Seems like people like Lane and Gilmer just get a different set of rules than the rest of us peasants.
Must be nice.
This is why agencies that actually place professionalism over self expression don't allow ponytails.
Let Judge Ratliff get ahold of this nut. He will calm him down.
We can't see the beating video, but a jury can.
Thanks for this play by play episode, KF.
Every year of my old life introduces a yet still lower level of atrocity among humans, why?
Were his eggs cold?
Has any evidence or information arisen that Mr. Gilbert has been struggling with psychiatric problems? What was the medical reason that the judge based his decision to release him? The assault by a 70+ year old small sized man/attorney on a jailhouse guard(s) does not sound like the behavior of a sane/stable individual.
I'm confused about how she has broken bones and the video would show an assault, when actually this didn't even happen. Because Matt Gilmer and his friend Spencer Palmer said this is all a hoax and a lie and none of this actually happened. They told me that Barry Gilmer never even touched her.
telephone call with Paul in 2037: Paul how is that Gilmer case going?
The court might as well award Biggart a large piece of Gilmer's pie. Gilmer shouldn't be needing much in the Big House.
With the shotgun pellets breaking a window, why wasn't there a shooting into an occupied dwelling charge?
I was always taught that worker’s compensation is the sole remedy for on-the-job injuries. Glad to hear there’s an exception for a situation as egregious as this. The poor lady deserves a payout, but it should be taken from the offender’s skin and not the taxpayer’s.
@ 1:59 Workers Comp would be the sole remedy for the guards claim against her employer for on-the-job injuries she sustained....medical bills, lost wages and loss of future earning capacity, if any. This claim is against Gilmer, not the county.
Whoever taught you that had no clue what they were talking about. Work Comp is the sole remedy against your employer, but you can sue any third party. Your employer would have a right to recoup the money they paid for your work comp benefits should you collect from the 3rd party.
1:59 - My thoughts EXACTLY; however, having worked with at least a hundred work comp cases, that rule is out the window when there is criminality or intentional bad-acts on the parts of the players.
By the way, there is no mention of taking the proceeds awarded - out of the skin of the taxpayer. That would not be possible.
@1:59 pm. WC is in fact the exclusive remedy against the employer. However, a separate claim for damages can be filed against a third party who caused the injury. If she recovers money from Gilmer, any WC benefits she received from the County for her medical treatment and lost wages will get paid back first. Then her lawyer gets paid. Then she gets whatever is leftover.
By now any and all assets have been placed into an irrevocable trust and all funds have been converted to bitcoin.
The house will be liened up so good luck Paul
And your 7 paragraph complaint left any type of negligence claims out….because you think you are smart….but you aren’t.
Once you realize intent is going to be in question you may rethink your pleading strategy….but maybe not.
What I wanna know is how in the world did this lady wind up in your office? She surely has a string of bad luck running
And her claim, beyond the WC sole remedy, can be against the county if it can be proved that the county was negligent in its safety practices and its policies that surrounded Gilmer being a relatively 'unrestrained free spirit' able to attack others at will. The county is certainly guilty and liable beyond WC.
In this scenario, Gilmer will not be liable, and the High Sheriff will, alas, once again, cause MadCo to fork over some significant dough.
I was involved in a case with Paul Rogers Very smart and
D was impressed with his representation of his client
1:59 here. Thank you, 3:33, for the succinct and well written clarification. Also appreciate the added info from 5:21. I handle workers' comp claims as a (non-attorney) employer representative, so what I've been taught is from the employer's perspective. I count myself lucky to have never been faced with claims involving criminality or allegations of employer negligence... knock on wood. Thanks again.
What is with all of the vitriol against Paul Rogers? I like Paul and think he's a good lawyer.
U got it cover, thanks for the support
@10:11 pm - You must be new here.
5:21, I assume you are not a lawyer. Unless you can point to an exception in the WC law that would allow recovery in tort by an employee for an employer’s negligence causing injury to an employee acting in course and scope of employment, WC is the exclusive remedy against the employer. Absent intentional tort by the employer, WC is the exclusive remedy against the employer. If the sheriff were negligent, it would in no way affect the claim against Gilmer for battery. Gilmer would be liable for battery, even if he were mentally ill, as long as he could form an intent to make physical contact with Gilmer and did touch her, causing harm or offense. His mental state might affect the punitive damage claim, but not the claim for battery and the physical and emotional damages.
Just waiting for Gilmer’s smart ass son threatening to sue for posting this story. 3, 2, 1…
Huge parcel of land w/ a home for sale one day.
Corner lot zoned commercial across the street/north of Home for sale one day.
Appx 87 acres total.
Gilmer's will make their money back.
Watch and see.
It's only money.
9:38 - Notwithstanding the suit against Gilmer, my interest is in the injured party's ability to prevail in a suit against the employer. You chose to take off on that area of law.
I think you've answered your own discomfort with the post @ 5:21. It was the sheriff's policy that allowed, if not caused, the attack by the prisoner.
the policy was and remains entirely intentional, as you pointed out, to allow females to enter cells and other unsafe areas to serve meals to prisoners.
Negligence is acting with a manner of care that does not meet the standard exercised by a reasonable person under the same circumstances.
The sheriff's policy intentionally ignored well established safe practice. The woman could easily establish: Duty of care, breach, causation and damages.
This is not akin to Aunt Bea Entering a cell to bring Otis a cloth-covered platter of lunch while giggling about a rose bush.
Jails are expected to have certain safety measures in place. His policy and practice were known to him to be unsafe. His policy was unsafe, and he knowingly established the policy.
You sound fairly knowledgeable, so I'm sure you are aware that intentional torts are wrongs that a defendant (the sheriff in this hypothetical) knew or should have known would result through his actions or omissions.
The sheriff's actions were unreasonably unsafe and can be considered an intentional tort.
Playing Southern-Dumb by claiming, "I never thought about that, your honor", would not absolve him.
If she should charge the sheriff, let's hope, for his sake, you're not his attorney with no more defense than you asserted in your post.
These comments are a lot of Lawyer vs Lawyer
So much knowledge, then what ifs, then scenarios.
The injured was injured by Barry Gilmer - no other way to twist that.
But, 6:40, you fail to recognize that a lawyer will sue anybody and everybody who came withing a rock's throw distance of the case at hand. Even John Doe's 1-6. Read up.
@5:10
naw, haven't failed to realize.
The offender injured an employee.
Employee filed suit which she has full right to do.
Some is going to pay.
Lawyers can sue sure -only when an injured is willing to file.
Why would anyone hire a prison guard that a sick elderly man could beat up?
1:35, you seem very, very confused about what constitutes an intentional tort. Intentionally ignoring safe practice is not the same thing as an intentional tort. Ignoring safe practice would be comparable to ignoring the speed limit and causing a wreck. It’s still a negligence case, since there was no intent to cause a touching that was harmful or offensive. Your definition of intentional tort is actually negligence (acting in an unreasonable manner as to foreseeable harm), not intentional tort. Intent in intentional tort means the actor intended the consequence that resulted. It is highly unlikely rhe sheriff intended a prisoner to commit a battery against a deputy. Unless he actually conspired with Gilmer to attack the deputy, at best, it is negligence. I suggest you relearn what negligence means and what constitutes an intentional tort. I suggest you consult the Mississippi Encyclopedia of Law or the Dobbs horn book on Torts. There are chapters in each of these publications explaining what constitutes an intentional tort and what constitutes negligence. This is stuff that first semester 1L law students should know.
I believe it's 9:12 who is confused. If I read his earlier post correctly, he seems to indicate no recovery is available to the injured woman as a result of the sheriff's negligence. John Morgan might disagree.
1:02 -My earlier post never said the deputy couldn’t recover against the sheriff (the county) or Gilmer. She can recover in a WC claim against the county/sheriff, but not in a negligence action. Since the injury was not an intentional tort by the sheriff, but by Gilmer, her remedy against the county (and the sheriff as an county official) is exclusively in worker’s compensation because she is an employee of the sheriff (the county). The sheriff and county simply are not liable for negligence as to an employee on the job. They are liable in WC for job-related injuries. She has a tort claim for the intentional tort of battery against Mr. Gilmer. If she recovers for lost wages and medicals, in the claim against Gilmer, the worker’s comp insurer is subrogated and can claim reimbursement for WC benefits from any recovery from Gilmer. The deputy (through her lawyer) and the WC Insurer would likely negotiate as to any reimbursement. Reread the earlier posts. My statement about who is confused stands.
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