Phillips v. Miss. Dept. of Public Safety

978 So. 2d 656, 2008 WL 879773
CourtMississippi Supreme Court
DecidedApril 3, 2008
Docket2007-CA-00227-SCT
StatusPublished
Cited by35 cases

This text of 978 So. 2d 656 (Phillips v. Miss. Dept. of Public Safety) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Miss. Dept. of Public Safety, 978 So. 2d 656, 2008 WL 879773 (Mich. 2008).

Opinion

978 So.2d 656 (2008)

F. Charles PHILLIPS
v.
MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, Mississippi Highway Safety Patrol, Joseph W. Seals and Thomas E. Little.

No. 2007-CA-00227-SCT.

Supreme Court of Mississippi.

April 3, 2008.

*657 Scott Phillips, attorney for appellant.

William E. Whitfield, III, Kaara L. Lind, Gulfport, attorneys for appellees.

Before WALLER, P.J., CARLSON and LAMAR, JJ.

LAMAR, Justice, for the Court.

¶ 1. Plaintiff F. Charles Phillips seeks to recover damages for injuries sustained when law enforcement officers used physical force during the course of an investigatory stop after mistaking him for a suspect. The Circuit Court of Forrest County granted summary judgment for the individual defendants, Mississippi Highway Patrol Officers Joseph W. Seals and Thomas E. Little, and after a bench trial found in favor of the remaining defendants, the Mississippi Department of Public Safety and the Mississippi Highway Patrol. Phillips appeals, claiming that the trial court erred in its application of Mississippi Code Annotated § 11-46-9(1)(c) under the Mississippi Tort Claims Act.

FACTS

¶ 2. On October 15, 2003, around 6:45 p.m., a female made a 911 call to the Hattiesburg Police Department, which was recorded on the Hattiesburg Police Department (HPD) radio transmission. She claimed her boyfriend (Jackson) took both sets of keys to her 1992 White Ford Explorer and left in the vehicle. She informed the operator that she "just filed domestic assault charges on him with Covington County." The Covington County Sheriff's Office initiated pursuit of Jackson, and HPD took over the pursuit, traveling south on Highway 49, after the suspect reached the city limits of Hattiesburg. The Covington County Sheriff's Office informed HPD that the pursuit had reached speeds of more than 100 miles per hour.

¶ 3. Plaintiff F. Charles Phillips, a reserve Forrest County Deputy Sheriff, was driving from a meeting in Laurel, Mississippi, to his home in Hattiesburg, Mississippi, when he heard of the pursuit on a police radio and decided to help. Phillips was driving a white Ford Escape. He *658 informed Jeffrey Byrd, the Forrest County Sheriff's Office dispatcher, that he was going to be traveling southbound assisting in the pursuit.

¶ 4. Mississippi Highway Patrol (MHP) Troopers Donnie Rayborn, Joseph Seals, and Thomas Little were also engaged in pursuit of the suspect and communicated through the MHP radio.[1] Dispatch informed them that the fleeing suspect had been reported as the perpetrator of a domestic crime earlier that day. Rayborn, ahead of the other troopers and with the suspect in sight, periodically reported his location on the radio. Seals requested the suspect's vehicle description, and dispatch described the vehicle as a white, 1992 Ford Explorer and informed him that the full registration information was unknown. Communicating over the radio, Rayborn recited the tag number, and the dispatcher repeated the number. Seals testified that he never heard the tag number.

¶ 5. The suspect, with Rayborn following, passed Phillips on the highway. The events that occurred for the next six minutes are disputed.

¶ 6. According to Seals's testimony, as Seals approached Rayborn from the rear, both traveling in the left lane of traffic, Seals saw Phillips's white Ford Escape with its hazard lights flashing, traveling south on Highway 49 in the right lane in close proximity to Rayborn. Seals testified that he advised Rayborn to conduct a "rolling roadblock" in order to stop the suspect's vehicle. Seals believed Rayborn was complying when he continued ahead of Phillips's vehicle and moved into the right lane. However, Rayborn, was, in fact, continuing after the suspect. Believing Phillips to be the suspect, Seals came alongside Phillips's car and motioned to and/or spoke to Phillips. After numerous attempts to block Phillips's vehicle, Seals successfully stopped Phillips on the right shoulder.

¶ 7. Seals exited his patrol car, went to Phillips's car and opened the driver's door of Phillips's vehicle. Phillips, who wearing a coat and slacks, did not show Seals a badge or any identification. Seals testified that he never asked Phillips for identification, told Phillips why he was under arrest or explained to Phillips why he was being detained. Seals also testified that he issued several verbal commands to Phillips, instructing him to exit the vehicle. According to Seals, instead of exiting or placing his hands in a highly visible location, Phillips placed his hands in his lap, which Seals interpreted as a threatening gesture. Due to Phillips's non-compliance, Seals forcibly removed Phillips from his vehicle and pushed him onto the ground. Seals placed Phillips on his right shoulder and attempted to handcuff him. When Phillips was forced to the ground, his head was on or near the gravel surface abutting the road. Phillips initially failed to comply with Seals's instruction to provide his hands for handcuffing and, at some point, advised Seals he was unable to comply. Seals and Little testified that Phillips resisted, but together they were able eventually to handcuff Phillips.

¶ 8. Seals testified that Phillips then identified himself as a reserve deputy with the Forrest County Sheriff's Office trying to help with the pursuit. Seals and Little testified that they helped Phillips to his feet, removed the handcuffs and advised him to seek medical attention for his injuries. According to Seals, Phillips's injuries were all incurred during takedown and handcuffing and were not caused by hitting, beating or choking Phillips. Seals *659 testified that he offered to get an ambulance for Phillips, but Phillips declined the offer. Then, according to Little, Phillips informed the Forrest County dispatcher that he was "ok." The dispatcher confirmed that Phillips made that statement.

¶ 9. On the other hand, Phillips testified that after it was communicated to him by radio to cease the pursuit, he pulled off onto the right side of the road and stopped his vehicle.[2] Seals then pulled alongside him and motioned for him to pull forward, which he did. Seals exited his vehicle, came over to Phillips's door and alone forced Phillips to the ground and handcuffed him. Phillips said further that, once Seals had him on the ground, someone grabbed him by the back of the hair and thrust his head twice into the gravel surface on the side of the road and choked him until he went unconscious. After that, he heard the instruction to get up but said he was unable to do so. Phillips was assisted off the ground while handcuffed, and then the handcuffs were taken off, though he testified that he had not identified himself at that point. Phillips testified that he was assisted to his car but no one offered to take him to the hospital or to call an ambulance.

¶ 10. According to the records at the emergency room, Phillips's injuries on arrival consisted of a hemorrhage in his right eye; a gaping, two-centimeter laceration in the middle of his right eyebrow, which had stopped bleeding; about a one-half-centimeter laceration to the left eyelid just below the eyebrow; and a couple of scattered abrasions to the forehead.

PROCEDURAL HISTORY

¶ 11. Phillips filed suit, alleging negligence, against the defendants, the Mississippi Department of Public Safety and Mississippi Highway Patrol (MHP), Seals, and Little.

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Cite This Page — Counsel Stack

Bluebook (online)
978 So. 2d 656, 2008 WL 879773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-miss-dept-of-public-safety-miss-2008.