By Philip Stroud on November 21, 2011 7:27 PM | Permalink

In July 2009, Southaven, MS resident, Chad Wilson and his girlfriend were taken to the Desoto County, MS Sheriff’s Department jail after being arrested by Horn Lake, MS police for a misdemeanor charge. Shortly after arriving at the jail, Chad was physically assaulted by at least one Desoto County jailor, and his right eye socket was broken–necessitating his transport to the Baptist Hospital-Desoto for emergency treatment for his injuries. Chad was hospitalized for three days before being released back to his home.

A lawsuit was brought against Desoto County and several of the jailors involved for violation of Mr. Wilson’s civil rights and for the injuries he sustained while in custody. According to the testimony in the case, the jail is under 24/7 video surveillance. Despite the fact that there was video of Mr. Wilson coming and going in the jail, the Desoto County Sheriff’s Department denied that there was any video surveillance of the incident leading up to and resulting in his injuries. In fact, Desoto County’s official position was that Mr. Wilson simply tripped over his own feet and fell, causing him to hit his face on the floor. The County emphatically denied that he was ever assaulted at the hands of the jailors.

Interestingly enough, the video surveillance was pulled by command staff with the jail within a day or so of the incident, it was reviewed by the same command staff, and the decision was made to destroy or tape over the video coverage. When Mr. Wilson requested a copy of the video tape, he was told that it never existed.

After approximately 3 hours of deliberation, a North Mississippi jury returned a unanimous verdict for the Plaintiff awarding him $250,000.00 in damages.

According to Mr. Wilson’s attorney, Philip A. Stroud of Stroud, Flechas & Dalton in Southaven, MS, “I truly believe that justice was served in this case. Over a two day trial, the jury repeatedly heard that the County refused to accept any responsibility for this man’s injuries or for the outrageous conduct of its jailors. No one should have to endure what Mr. Wilson endured at the hands of the individuals who took an oath to protect and serve. I am proud to announce that two years after this incident, a jury of Mr. Wilson’s peers let it be known that this type of conduct is unacceptable in this community”

Desoto County Sheriff’s Department was represented by Cleveland, MS attorneys, Danny Griffithand Michael Carr of the Griffith & Griffith law firm.
The Desoto Times Tribune, “County Could Appeal Verdict”, November 19, 2011.

By Philip Stroud on October 25, 2011 7:19 PM | Permalink

The City of Southaven, through its attorneys, recently removed a case to federal court challenging Southaven police chief’s decision to restrict a restaurant’s ability to play live music. The restaurant/bar claimed that its First Amendment rights to free speech and its Fourteenth Amendment due process rights were violated by a recent decision by Southaven Police Chief Tom Long to restrict the restaurant’s ability to have live music after 10 p.m. on Wednesday and Thursday,12 a.m. on Friday and Saturday, and 8 p.m. on Sunday nights.

When the restaurant owner appealed Long’s decision to the Southaven Board of Alderman, the board agreed with Long and affirmed his decision, thereby leaving the restaurant with no other recourse other than to file this lawsuit.

The City has since filed a motion to dismiss the suit, alleging in part that Chief Long is immune from any liability under specific provisions of the Mississippi Tort Claims Act, a statute that provides immunity to certain governmental employees that perform their job function in a manner that does not constitute reckless disregard for the safety and well-being of any person not engaged in criminal activity at the time of injury.

Whether you are seeking to appeal a noise ordinance restriction, whether you have been unlawfully arrested, or whether you are the victim of excessive force by law enforcement, you need to understand that the law in Mississippi provides broad protections to government officials acting in the course of their employment–especially law enforcement officials. That is why it is extremely important before you speak to anyone (media, insurance representative, or internal affairs department for the offending agency) that you speak to an experienced Mississippi civil rights lawyer that understands the law and has experience dealing with these agencies.

Desoto Times, October 20, 2011 [no longer available on source website]

If you or a loved one has been the victim of any municipal or county governmental agency, feel free to contact us for a free, no obligation consultation. We can help.

By Philip Stroud on September 15, 2011 7:16 PM | Permalink

According to the Desoto Times Tribune, a Desoto County, MS resident was suffered serious injuries after her vehicle left the roadway and struck a tree off of Craft Road in Olive Branch, MS around 6 p.m. on Sunday evening. The 30 year old woman later died at the Med in Memphis from her injuries. The cause of the accident is under investigation by the Olive Branch Police Department crash team, but there has not been a determination as to the cause at this time.

When the driver of a single car accident dies, the cause of the accident is very difficult to determine. That is why it is important to take immediate steps to have the vehicle examined by an expert, have an accident reconstruction expert visit the accident scene and take measurements, and interview potential witnesses. What may at first appear to be just a situation where the driver negligently lost control of his/her vehicle or fell asleep at the wheel, can often times leads to a completely different determination that there was mechanical failure of the vehicle, tire failure, improperly designed road conditions, or other driver negligence (running of one car off the road without making any contact). Determining the cause of these accidents can serve to educate others regarding the dangers associated with inattentive driving, as well as potentially correct problems with the vehicle or roadway found to be the cause of the accident.

If you have a friend or family member that has been involved in a single car accident, do not simply accept the explanation that they were at fault. There may be other causes for the accident that have not been uncovered. Speak to an experienced Mississippi car wreck attorney as soon as possible.

By Philip Stroud on August 19, 2011 3:09 PM | Permalink

A Tate County, MS man was tragically killed in a two-car automobile collision near the intersection of Old Highway 304 and Fogg Road in DeSoto County at 8:30 a.m. on Thursday, August 18th, per The Desoto Times. Mike Burton, of Sarah, MS, appeared to be commuting to work when the accident occurred, according to DeSoto County Coroner Jeff Pounders. Tunica County Coroner Glen Grant was the driver of the other vehicle. The cause of the accident was not reported.

Unfortunately, accidents like this happen every day around the country through either the negligence of others or the inattention of the injured driver. That is why it is imperative to conduct a thorough investigation into what occurred as soon as practically possible. Investigation can include accident reconstruction, locating witnesses, obtaining witness statements, and photographing the scene of the accident. Often times, the investigating officer will take photographs and measure skid marks at the scene. This information can be invaluable to later determining the speed of the vehicles at the time of collision, as well as which party was at fault.

Rest assured, insurance companies have investigators and adjusters ready to jump into action at a moment’s notice. If you are injured as the result of another person’s negligence, you should not delay in finding an attorney to work timely for you.

The emotional, financial and medical devastation that car wrecks can inflict on families and individuals is unthinkable until it happens to you. If you or a member of your family are involved in an automobile accident, you should speak to an attorney who will look out for your best interests, guide you through the legal issues involved, and seek proper compensation for your medical bills and losses.

By Philip Stroud on August 18, 2011 3:04 PM | Permalink

Residents of a Hernando, MS subdivision are worried that a rise in the number of large trucks on Old Highway 51/Memphis St. poses a serious threat for trucking accidents, according to The Desoto Times Tribune. Residents from Laurelwood Subdivision, located on Old Highway 51, recently spoke with Ward 4 Alderman Jamie Tipton of Hernando about the danger of speeding trucks so close to a residential area and a gym that is often occupied by children.

Three potential solutions to the problem have been put forward. Unified Waste Disposal manager Jim Becker has already established a rule that the company’s drivers may not exceed 20 miles per hour while driving down the relatively small road.
Residents suggested that drivers should use Highway 51 instead of Old 51, and enter the street from the other end. Unfortunately, the tight right-hand turn required for this solution would create additional safety issues, according to Becker. Chip Johnson, the mayor of Hernando, offered a compromise in which the Mississippi Department of Transportation would conduct a study of the improvements necessary to make the right-hand turn safe for trucks.

Finally, Becker offered a third option of having commercial traffic enter Old Highway 51/Memphis St. from another small road off of Parkway.

In any event, it is apparent that something needs to be done. It is a well known fact that trucking accidents do occur, and when they do, they are often much more severe than a car to car accident given the size and weight of the truck as compared with the vehicles with which they are colliding. Truckers are paid to move freight quickly. When they feel pressured to push the speed limit or drive a few extra hours before resting, other drivers are at risk. When accidents occur, it is important to quickly secure the driver’s DOT log books and other travel information in order to determine whether the trucker and/or the employer was acting irresponsibly.

We are glad that to see that Hernando is taking proactive steps to listen to the concerns of the residents and thereby attempt to reduce the likelihood of commercial truck accidents in North Mississippi. If you or someone you know have been involved in one of these accidents, you need legal representation to protect your interests and seek fair compensation for medical bills and other damages incurred as a result of the accident. The sooner you enlist the aid of an experienced personal injury lawyer, the better.

By Philip Stroud on August 11, 2011 2:59 PM | Permalink