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Family of mentally ill man killed by a deputy files federal lawsuit

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HATTIESBURG – Nearly a year after a Forrest County sheriff’s deputy fatally shot a mentally ill man, the man’s family has filed a federal wrongful death lawsuit against the county for using fatal force rather than helping.

Corey Maurice McCarty Hughes, 45, died July 14, 2022 outside of his sister’s house in the Palmers Crossing neighborhood. As his family had done over a dozen times before, they went through the civil commitment process to get Hughes treatment and called sheriff’s deputies to pick him up and take him to the South Mississippi State Hospital in Purvis.

Investigators said a deputy shot Hughes in the torso after the man struck him with a hammer. Months later, the Mississippi Attorney General’s Office determined the shooting was justified.

“This has left a hole in our hearts,” said Cassandra Teal, one of Hughes’ sisters who witnessed his death. “It wasn’t right what they (have) done.”

The lawsuit will be heard in the U.S. District Court for the Southern District of Mississippi. The plaintiff is Hughes’ father, James, on behalf of Corey’s daughter, Chloe, and the defendants are Forrest County and 10 unnamed sheriff’s deputies.

Chloe Hughes, daughter of Corey Maurice Hughes, expresses emotion as she raises her fist during a press conference announcing the Hughes family lawsuit against Forrest County and law enforcement in the Forrest County Sheriff’s Department, at the Forrest County Circuit Courthouse in Hattiesburg, Miss. Thursday, May 4, 2023. Credit: Eric Shelton/Mississippi Today

It alleges “collective assault, negligence, gross negligence, and reckless disregard for the safety of others” and violation of Hughes’ federal, civil, Constitutional and human rights, according to the lawsuit.

The sheriff’s deputies inflicted “unnecessary bodily harm” through “excessive, unreasonable, and unjustifiable force,” the suit alleges.

In its response to the lawsuit complaint, the defendants denied the allegations and invoked qualified immunity, which protects a governmental entity and government officials including law enforcement from being sued for wrongdoing while doing their jobs, according to the lawsuit.

Trial is scheduled for April 1, 2024, in Hattiesburg before U.S. District Judge Halil Ozerden.

Hughes was diagnosed with schizophrenia and bipolar disorder in the late 1990s and took medication, his family said. But when he stopped taking it, a family member would go through the civil commitment process to get him treatment.

Tameka Michelle Hughes, one of Corey’s sisters, said in 20 years, her brother had been civilly committed over a dozen times and the sheriff’s office was familiar with him. She asked why they acted differently the night he was killed.

“We have been going through this for years and have been trying to do the right thing in a situation when we needed further assistance,” she said.

Tameka Hughes said the deputies wronged her brother because they were not prepared to work with someone with mental illness.

Verna “Temeka” McCarty, sister of Corey Maurice Hughes, speaks during a press conference announcing the Hughes family lawsuit against Forrest County and law enforcement in the Forrest County Sheriff’s Department after her brother’s death, at the Forrest County Circuit Courthouse in Hattiesburg, Miss. Thursday, May 4, 2023. Credit: Eric Shelton/Mississippi Today

Under state law, sheriff’s deputies are required to pick up civil commitment patients and take them to the state hospital or to a holding location such as a jail until there is an available bed.

Attorney Dennis C. Sweet IV, who is representing James Hughes in the civil lawsuit, said there are policies and procedures for law enforcement to follow when encountering people like Corey Hughes who have been diagnosed with mental illness. He said the deputies did not follow those rules.

The Forrest County NAACP and Community Action Team of Palmers Crossing joined the Hughes family to show support and call for justice and accountability.

“We will not go away,” said Nathan Jordan of the Community Action Team. “We will be here until justice is done.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court

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mississippitoday.org – Bobby Harrison – 2024-11-24 06:00:00

The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.

Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.

Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.

The PAC should receive an award or at least be considered for an honor for best fiction writing.

At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.

It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.

Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.

As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.

And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.

A look at the history of the members of the Supreme Court might be helpful.

Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.

Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.

Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.

But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.

Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.

The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.

It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.

Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.

But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1968

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mississippitoday.org – Jerry Mitchell – 2024-11-24 07:00:00

Nov. 24, 1968

Credit: Wikipedia

Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.” 

The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure. 

Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service. 

From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1867

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mississippitoday.org – Jerry Mitchell – 2024-11-23 07:00:00

Nov. 23, 1867

Extract from the Reconstructed Constitution of the State of Louisiana, 1868. Credit: Library of Congress

The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights. 

The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders. 

The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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