Jackson v. Jackson County

956 F. Supp. 1294, 1995 U.S. Dist. LEXIS 21453, 1995 WL 876396
CourtDistrict Court, S.D. Mississippi
DecidedOctober 10, 1995
DocketCivil Action No. 1:95-cv-119-GR
StatusPublished
Cited by1 cases

This text of 956 F. Supp. 1294 (Jackson v. Jackson County) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Jackson County, 956 F. Supp. 1294, 1995 U.S. Dist. LEXIS 21453, 1995 WL 876396 (S.D. Miss. 1995).

Opinion

MEMORANDUM OPINION

GEX, District Judge.

This matter is before the Court on the motion to dismiss and amended motion to dismiss, or in the alternative, for summary judgment, filed by defendants Jackson County, Mississippi, Sheriff D.B. “Pete” Pope, Deputy Sheriff Billy Bryant, and United States Fidelity and Guaranty Company, Inc. [USF & G] [23-1, 39-1], Also before the Court is the supplemental motion to dismiss and motion for summary judgment or to dismiss, filed by defendant State of Mississippi and defendants Dale Harkey and Kimberly Starks [27-1, 38-1], and the plaintiffs motion for continuance and for discovery [40-1]. After a review of the record, the briefs and arguments of counsel, and having been fully advised in the premises, the Court concludes, for reasons set forth below, that the defendants’ motions should be granted and the plaintiffs motion should be denied.

Statement of Facts

The instant lawsuit stems from events leading to. Jackson’s arrest, three-day detainment, and ultimate acquittal of charges that he kidnapped and committed rape and sexual battery on 16-year-old Aimee Lyn Brous-sard, a minor female, on November 15, 1992. Investigatory reports1 indicate that, on the aforementioned date, Broussard was walking along Highway 90 at 8:30 p.m., near the Isle of Capri Casino, in Biloxi, Mississippi. Id. at Exhs. 3-5; County Defs.’ Supp. Exhs. to Amend. Mot. to Dismiss or for Summ. J., Exh. 34 (Bryant’s Aff.). At the hospital following the incident, Broussard recounted to defendant Billy Bryant, a detective assigned to the case, that she was approached by a man driving what appeared to be a gray Omni, further described as having, inter alia, white windshield wipers. County Defs.’ Amend. Mot. to Dismiss or for Summ. J., Exhs. 3-5. The suspect, described by Brous-sard, inter alia, as a “chunky” 180-pound [1296]*1296black male, 5’ 8” or 5’ 9”, with short black hair squared off at the front and sides, asked Broussard if she wanted a ride. Id. When she declined, the suspect reportedly told her to get into the car and that he had a gun. Id. Broussard stated that she got into the suspect’s car. While in the car, the suspect asked Broussard how old she was. She told him she was 16 and he told her, inter alia, that he was 21 and that he was on temporary duty [TDY] at Keesler Air Force Base [Kees-ler]. See id.

Broussard further detailed that the suspect eventually drove to “Blue Hole,” a secluded area near Old Fort Bayou Road, where he stopped and began to kiss and fondle her. Id. When Broussard resisted, the suspect beat her. Id. She then attempted to flee, but was subdued, stripped, and forced to administer oral sex upon the suspect. The suspect then made her open a condom package and place it on his male organ, after which he tied her hands behind her with her pink brassiere and raped her. The suspect then reportedly abandoned her and drove away. Broussard explained that the encounter at Blue Hole lasted 15 to 20 minutes. See id.

Investigatory reports further indicate that, at 9:19 p.m., all officer was dispatched to Old Fort Bayou Road in response to reports that a naked female was walking in the area. Id. at Exh. 3. Authorities were later alerted that Broussard was at a residence in the area, whereupon an officer was dispatched to that address. Id. When Broussard related how she had been raped at Blue Hole, detective Bryant went to that area and found her pink brassiere, her right shoe, and an empty condom package. Id. at Exhs. 3, 5; County Defs.’ Supp. Exhs. to Amend. Mot. to Dismiss or for Summ. J., Exh. 34 (Bryant’s Aff.).2 No other clothing was ever found. See County Defs.’ Supp. Exhs. to Amend. Mot. to Dismiss or for Summ. J., Exh. 34 at 3. The next day, Bryant contacted Don Gall, a special agent at Keesler, advising him regarding the rape. County Defs.’ Amend. Mot. to Dismiss or for Summ. J., Exh. 6. Gall advised Bryant that he would check all TDY subjects and determine whether any of the vehicles there fit the description provided by Broussard. Id.

On November 17, 1992, two days after the rape, Broussard gave a description of the suspect that resulted in a composite sketch. Id. at Exhs. 5, 7, 7A. Bryant further reported that, on November 26, 1992, Broussard and her mother were driving east on Highway 90 when Broussard spotted the suspect’s vehicle moving west. Id. at Exh. 5. Broussard’s mother turned around, followed the vehicle, obtained the license plate number, and reported it to the Jackson County Sheriffs Department. Id. Detective Bryant cheeked the license plate number and found the name Patrick N. Jackson, living in Gautier, and described as a black male, 5’ 11”, 185 pounds. Id.

On December 2, 1992, Bryant contacted Jackson, who came to the station and told him, inter alia, that he worked with the TDY at Keesler, that he worked evenings, and that he frequently traveled on Highway 90 to and from work. Id. Bryant took a photograph of Jackson for a photographic line-up. Id. On December 3,1992, Broussard came to the station, whereupon she was shown six photographs among which was that of Jackson. Id. Bryant attests that Broussard instantly pointed to the photograph of Jackson as the man who kidnapped and raped her. Id.; County Defs.’ Supp. Exhs. to Amend. Mot. to Dismiss or for Summ. J., Exh. 34 at 5. Broussard repeatedly affirmed her positive identification, both to Bryant and to detective Thickston, the latter having worked on the composite sketch of the suspect. See County Defs.’ Amend. Mot. to Dismiss or for Summ. J., Exh. 5. On December 4, 1992, a warrant was obtained and Jackson was arrested and given his Miranda rights. Id. On December 7,1992, Jackson was released on bail. Id. at Exh. 21. Once evidence began to point toward Jackson, taped interviews were conducted with four of Jackson’s co-workers. A report by detective E.C. Patrick, who subse[1297]*1297quently took over the investigation, read in part as follows:

All the subjects interviewed stated they saw Jackson at some point during the work shift. But Sgt. Nolan advised that he and Jackson worked together until Jackson clocked out and stayed around socializing after the shift ended. Sgt. Nolan stated he and Jackson had lunch together at the officers club sandwich shop[.] Nolan stated he paid for his lunch with a Keesler credit card and Jackson paid cash[.] A check of the charge accounts at the sandwich shop on 11-15-92 by special agent Gall did not reveal any credit card charges by Sgt. Nolan on 11-15-92.

Id. at Exh. 27.

On March 11, 1993, a preliminary hearing was held before Judge T. Larry Wilson of the County Court of Jackson County. Id. at Exh. 11. After the prosecution offered the testimony of detective Bryant, Jackson presented testimony by staff sergeant Mark Nolan, Jackson’s supervisor, who testified that, on the night of the rape, Jackson had worked until 10:30 p.m. Id. at 23. Nolan testified that other individuals working around Jackson signed similar statements regarding his whereabouts. Id. at 24. On cross-examination, Nolan testified that he and Jackson had a “business-friendship relationship.” Id. at 24-25.

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Cite This Page — Counsel Stack

Bluebook (online)
956 F. Supp. 1294, 1995 U.S. Dist. LEXIS 21453, 1995 WL 876396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-jackson-county-mssd-1995.