New lawsuit filed, old one dismissed
By By Dwayne Bremer Staff Writer
Dec 29, 2013, 11:06
The city of Waveland and former members of its police department were named in another lawsuit this month. About the same time, a different lawsuit was dismissed in the United States Circuit Court of Appeals in New Orleans.
On Dec. 9, Mayor David Garcia, Police Chief David Allen and several former members of the police department were named in a lawsuit filed by local resident Marlon K. Jackson Jr.
The lawsuit centers around events that took place in Waveland Municipal Court on Dec. 9, 2010.
Garcia had just been elected two days prior to the alleged events and Allen was not police chief at the time, but rather, a criminal investigator.
The suit also names the city of Bay St. Louis.
Gulfport Attorney Michael Crosby, who represented the estate of Jessie Lee Williams, who was killed at the Harrison County Jail in 2006 is representing Jackson.
According to the suit, Jackson was in court on Dec. 9, 2010 to pay an old fine, but was $20 short.
Jackson claims he was attempting to plead his case to court officials when he was tackled by WPD officers and dragged into an adjacent room where he was subdued even more by police.
Crosby, who was in court representing another defendant, said Thursday that he witnessed the entire episode.
"Mr. Jackson was not resisting," Crosby said. "I saw the pain in his face. It was a very frightening experience that left a lasting impression on me. It puts a whole different perspective on it when you witness it."
Jackson was arrested after the incident and charged with disorderly conduct and resisting arrest. He was later found guilty in Waveland Municipal Court.
The late Waveland Municipal Judge Gerald Gex said in an interview with the Sea Coast Echo in 2010 that he was on the bench that day and he did not witness any of the alleged abuse of Jackson.
Jackson is seeking $1 million in damages.
In an unrelated case, the U.S. Circuit Court of Appeals in New Orleans affirmed the dismissal of a lawsuit against the city that was ruled in the city's favor in U.S. District Court in Gulfport earlier this year.
The case, Dawn Daigre versus the city of Waveland and several members of the police department alleged that police used excessive force when they arrested Daigre, who was pregnant at the time.
The district court had previously ruled, among other things, that since Daigre had pled guilty to resisting arrest, she was not entitled to bring an excess force claim.
Daigre had appealed the decision to the higher court, but the case was affirmed last week.
Daigre's attorney Brian Aleander said Monday that he was "very disappointed" that the case was dismissed.