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Ex-Capitol Police officer faces federal civil rights charge

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mississippitoday.org – Mina Corpuz – 2024-12-19 18:25:00

A former Capitol Police officer has been accused of violating the civil rights of a handcuffed man whose head he slammed into the hood of a car and kicked in 2022. 

Jeffery Walker, a former officer with the Flex Unit, was in federal court Wednesday. He faces up to 10 years in federal prison for one charge of deprivation of rights under the color of law. 

The person Walker is accused of injuring is identified in court records as E.S. 

On July 27, 2022, Walker was on duty and driving an unmarked car when he tried to stop E.S.’s car, but E.S. did not pull over and led Walker on a chase, according to an indictment unsealed Wednesday. 

Three unnamed Jackson Police Department officers joined in the chase until Walker cut E.S. off, which caused Walker to hit a tree and E.S. to swerve into a yard. Walker and the JPD officers approached E.S.’s car, pulled him out, put him on the ground and handcuffed him. 

The indictment states Walker grabbed E.S. by the back of the neck and slammed his head into the car hood, before putting him back on the ground and kicking him in the head and face. 

Magistrate Judge Andrew Harris approved an unsecured $10,000 bond for Walker. 

Walker’s trial is scheduled for Feb. 10, 2025 with U.s. District Judge Henry Wingate. 

The former Capitol Police officer also faces an excessive force lawsuit filed last year stemming from an incident that happened weeks after the 2022 incident. 

On Aug. 14, 2022, Sherita Harris was a passenger in a car driven by her friend. As the car waited for a traffic signal to turn green on State and Amite streets, the lawsuit alleges Walker and Capitol Police Officer Michael Rhinewalt approached the car from behind, turned on its emergency lights and directed the car to pull over. 

Shortly after the driver pulled over, Rhinewalt began to shoot into the car, according to the lawsuit. The driver fled to avoid bullets, but Harris was hit in the head and slumped over in her seat.

She was taken to the hospital where she had surgery to remove bullet fragments from her head, according to the lawsuit. The injuries left her with lingering issues including with her speech and cognitive abilities. 

As of December, the lawsuit remains active. The lawsuit seeks $3 million in damages, and the case is expected to go to trial in October 2025. 

The officers offered a different account. 

Walker was called as a witness in a September 2022 preliminary hearing for Sinatra Jordan, the driver of the car, who has been charged with fleeing law enforcement, assault of a law enforcement officer, resisting arrest and possession of marijuana. 

NBC News reported about Walker’s testimony in which he said the car ran a red light and took off after the officers got out of their cruisers. Walker and Rhinewalt chased the car and said they heard gunshots coming from it and saw items thrown out of the window. 

The car crashed into a curb and they saw the driver with a black object in his hands, prompting them to return fire. 

Jordan remains at the Raymond Detention Center and is expected to go to trial in March 2025.

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

Mississippi Today

On this day in 1955

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mississippitoday.org – Jerry Mitchell – 2025-03-02 07:00:00

March 2, 1955

Claudette Colvin was 15 when she refused to give up her seat on a Montgomery, Ala., bus to a white passenger. Credit: Wikipedia

Nine months before Rosa Parks, 15-year-old Claudette Colvin refused to give up her seat to a white passenger on a city bus in Montgomery, Alabama. 

“History had me glued to the seat,” the civil rights pioneer told the Guardian. “It felt as if Harriet Tubman’s hand was pushing me down on the one shoulder, and Sojourner Truth’s hand was pushing me down on the other. Learning about those two women gave me the courage to remain seated that day.” 

She aspired to become a civil rights lawyer and when the bus driver ordered her to move, she responded, “It’s my constitutional right to sit here as much as that lady. I paid my fare.” 

When two white police officers tried to drag her from the bus, she told them it was her constitutional right to stay. They handcuffed her, jailed her and charged her with violating segregation laws, disturbing the peace and assaulting a police officer. She learned of racism at a young age, and she was disturbed by what she heard in her all-Black school. 

“One thing especially bothered me – we Black students constantly put ourselves down,” she said in “Twice Toward Justice.” 

“The N-word – we were saying it to each other, to ourselves. I’d hear that word and I would start crying. I wouldn’t let people use it around me.” 

After her arrest, she grew close with Parks. Other Black women followed her lead, refusing to surrender their seats, including Mary Louise Smith, Aurelia Browder and Susie McDonald. They brought the groundbreaking Browder v. Gayle lawsuit that resulted in Montgomery’s segregated bus system being declared unconstitutional. 

“When it comes to justice, there is no easy way to get it,” she said. “You can’t sugarcoat it. You have to take a stand and say, ‘This is not right.’”

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

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Judge’s ruling gives Legislature permission to meet behind closed doors

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mississippitoday.org – Bobby Harrison – 2025-03-02 05:00:00

Hinds County Chancellor Dewayne Thomas recently affirmed the ruling of the Mississippi Ethics Commission that the state Legislature is not covered by the open meetings law and thus can meet behind closed doors.

The Mississippi Open Meetings Act says specifically that all “policy making bodies” are subject to the law. But Thomas and the Ethics Commission majority said the law is referring to executive bodies, not the Legislature, when referencing policy making bodies.

Taking that ruling to the extreme begs the question of whether city councils and city boards of aldermen meetings are covered since they also are legislative bodies.

To exclude the Mississippi Legislature from the requirement of meeting in public seems questionable considering that the Legislature appropriates more public money than any entity in the state. And the Legislature is the state’s primary policy making body with immense power.

It also is worth noting that both the current and past director of the Ethics Commission disagreed with the ruling of the majority of the commission members. The former lead attorney for the Mississippi House, previously on the Ethics Commission, also opposed the ruling that the Legislature is not covered by the open meetings law.

This perplexing issue came to the forefront because of the House leadership’s ongoing practice of holding closed-door Republican caucus meetings where policy is discussed and unofficial votes are taken. It was argued that the meetings were illegal since Republicans comprise a super majority giving them many more members than needed to constitute a quorum.

The Ethics Commission made the ruling in 2022 that the Legislature was not subject to the open meetings law and Thomas, a former member of the House, upheld that ruling.

Senate Republicans, who also have a super majority, do not hold similar meetings because of the belief that it would be a violation of the open meetings law. When Phil Bryant presided over the Senate as lieutenant governor from 2008 until 2012, he was holding similar meetings until media members asked if the meetings were a violation of the open meetings law. He announced he would no longer hold the closed-door meetings.

The Mississippi Constitution does state emphatically, “The doors of each house (of the Legislature) when in session shall be kept open.”

Many of those who would argue that the Legislature is not covered by the open meetings law claim that the constitutional provision only applies to the limited time when a chamber gavels in and does not even cover the time when the Legislature is in session but not gaveled in. If a majority meets during the 90-day session at the speaker’s discretion to discuss business but does not specifically gavel into session, the constitutional provision would not apply, they claim.

Before the 2000 session of the Mississippi Legislature, then-Speaker Tim Ford called a meeting of the House members at a location away from the Capitol.

There was intense interest in the meeting since on the quickly approaching first day of the 2000 session the House would select the state’s next governor.

For the first time in the history of the state, the losing gubernatorial candidate was asking House members to decide the gubernatorial election under an antiquated and now repealed provision of the Mississippi Constitution. The provision said to win statewide office a candidate had to claim a majority of the popular votes and win the most votes in a majority of the 122 House districts. Democrat Ronnie Musgrove won the most votes, but did not win a majority.

Needless to say, Ford’s out-of-session meeting before that historic first-day vote generated interest. Under the ruling of the Ethics Commission and Thomas, the meeting would not have been subject to the open meetings law.

Ford allowed media to attend the meeting. The issue of whether the meeting was public did not arise.

It is difficult to recall an instance when Ford or other past speakers routinely held meetings of a majority of the House behind closed doors to discuss official business and to take unofficial votes.

In those days, there were legislative whips designated by the leadership to meet with small groups to discuss policy and to try to sway votes.

Sure, it took more work than just getting all your members together behind closed doors. But it also did not violate at least the spirit of the open meetings law.

After the Ethics Commission ruling in 2022, Sen. Jason Barrett, R-Brookhaven, filed a bill to clarify that the Legislature is covered by the open meetings law. The bill had 19 co-sponsors in the 52-member Senate. But it died in committee.

Perhaps such a bill will be considered again after Thomas’ most recent ruling.

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 1956

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mississippitoday.org – Jerry Mitchell – 2025-03-01 07:00:00

March 1, 1956

Autherine Lucy pictured here with Roy Wilkins, left, executive director of the national NAACP, and Thurgood Marshall, who led the NAACP Legal Defense and Educational Fund. Credit: Wikipedia

The University of Alabama expelled Autherine Lucy, the first Black student ever admitted. Thousands of students rioted.

Lucy charged in court that university officials had been complicit in allowing the disorder, as a means of avoiding compliance with the court order. The trustees expelled her for making such “outrageous, false and baseless accusations.” 

In 1980, the university overturned her expulsion, and a dozen years later, she earned a master’s degree in elementary education at the university, which endowed a scholarship in her name. The institution also hung a portrait with this inscription: “Her initiative and courage won the right for students of all races to attend the university.” 

When the university honored her with a monument in 2019, she looked at the huge gathering and said, “The last time I saw a crowd like this, I didn’t know what they were waiting for.” 

She told the students, “If you don’t know your history, you will forget your past.” She recalled the hate she was showered with when she enrolled and the scripture that gave her strength: “The Lord is with me; I will not fear: What can man do to me?”

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

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