Connect with us

Mississippi Today

Legislative recap: Sea change in Mississippi taxation coming. Where is the Senate plan?

Published

on

mississippitoday.org – Geoff Pender – 2025-02-03 11:58:00

Legislative leaders in both House and Senate have made clear they plan this year to pass massive changes in Mississippi’s tax structure and rates. These changes will undoubtedly impact Mississippians, young, old and in-between, for generations.

One month into the three-month legislative session, the House Republican leadership has made its bold plans clear and available for public scrutiny and debate. The Senate Republican leadership apparently only has a plan to have a plan out soon.

By several accounts, Senate leaders have still been huddled up trying to figure out what their plan will be — how to return serve to the House’s proposal to eliminate the income tax and raise sales and gasoline taxes.

A major overhaul to a state’s tax structure is probably not something that should be done hastily in the frenetic final part of a legislative session, nor in a political dodge-and-parry manner. And the public has an absolute right to see clearly into the process and details.

To his credit, House Speaker Jason White has been very transparent with the House plan, every jot and tittle of it before the public for weeks. House leaders held public hearings, even a public “summit” in the months leading up to this legislative session and received input from business, transportation and local government leaders. They openly broadcast details of their plan and were out the gates early in the session passing House Bill 1.

Lt. Gov. Delbert Hosemann has so far outlined a few particulars he expects will be in the Senate plan, and some of his lieutenants have criticized parts of the House proposal. But reportedly, through recent days, the Senate plan is still being devised, debated and tweaked behind closed doors.

Besides giving citizens and rank-and-file lawmakers short shrift on knowing what might be coming down the pike amid uncertain economic times — inflation, the start of a global trade war in Washington — there’s a pragmatic, realpolitik problem with Hosemann and the Senate keeping things close to the vest. Every tick of the clock makes it harder to stave off the shiny bauble of income tax elimination — if that’s what the lieutenant governor wants to do — and makes it more likely some of his senators will back the House position over whatever the Senate comes up with.

Although it’s doubtful given their relationship, Hosemann might have had an ally in Gov. Tate Reeves in countering some of the House proposal. For starters, it contains a tax “swap,” raising other taxes while eliminating the income tax. For the first few years, the House plan would be a net tax increase for Mississippians, while the income tax elimination is being phased in while sales and gasoline taxes are being hiked.

But that ship has appeared to sail. Reeves last week in his State of the State address stopped just short of endorsing the House plan. He appears to want elimination of the income tax on his legacy resumé badly enough that he’s willing to overlook increases in other taxes that he’s railed about in the past.

On social media Reeves said, “In my private conversations with senators, I can tell you that many of them definitely want to. But everyone is waiting to see the promised plan from Lt. Governor Hosemann.”

Is this Senate hang-fire becoming a pattern?

Last year, on another life-altering issue lawmakers were contemplating, a similar scenario unfolded. White and the House, as publicly promised and openly discussed months before the legislative session began, proposed expanding Medicaid coverage to help poor working Mississippians and struggling hospitals.

Senate leaders and Hosemann — despite him for years being the only statewide Republican open to considering expansion — delayed and demurred and huddled as the clock ticked. They then came out late with a non-expansion expansion proposal and refused any meaningful compromise with the House.

These are monumental, sea change issues being considered on behalf of Mississippians and they should transcend any partisan, geographic or House vs. Senate politics. And the public has a right to a front-row seat on the deliberations and full disclosure of any plans.

WATCH: Democratic State Senator Bradford Blackmon discusses his “Contraception Begins at Erection Act” that would fine men up to $10,000 for releasing their “genetic material” without the intent of fertilizing an embryo. The bill died in committee.


“You can eat them with kings and queens. You can eat them with pork and beans. You can eat them with sardines — those last two will come with side effects. You can bake them. You can fry them. You can boil them. You can smoke them. Hmm. You can smoke them. That is my introduction of this bill.” Rep. Jon “Tater” Lancaster, R-Houston, as part of his introduction on the House floor of a bill to designate the sweet potato the official state vegetable.


Senate committee passes early voting

The Senate is on track to, again, try to legalize early voting in Mississippi. 

The Elections Committee passed a bill to establish 15 days of no-excuse early voting before election day and require voters to submit a valid photo ID to cast a ballot. It will replace in-person absentee voting. 

Voters can still cast mail-in absentee ballots if they meet one of the legal reasons for voting, such as being 65 or older. The measure will go before the full Senate for consideration. — Taylor Vance


Multiple bills would codify ‘parental rights’

Lawmakers in both chambers have advanced multiple bills that would enshrine “parental rights” into law, a central pillar of the education agenda in many Republican-led states.

proposal that passed out of the Senate Education Committee would empower parents to sue or allow them to use the statute as a defense in a judicial proceeding against the government.

Another bill creates a right for parents to direct the education and health care decisions of their children. Conservative groups have said parental rights laws are necessary to ensure children are not provided with gender-affirming care or taught concepts such as critical race theory in school. Mississippi has already banned both.  — Michael Goldberg


Alcohol bills: Sunday sales, wine in groceries

Lawmakers have, as usual every year, filed dozens of bills related to alcohol.

Several, as usual, would allow Sunday sales of liquor, or allow local authorities to allow it, such as SB 2581 authored by Sen. Jeremy England, R-Vancleave, or HB92 authored by Rep. Brent Powell, R-Brandon. Others, also a recurring theme, would allow wine sales in grocery stores, such as SB 2541 authored by Sen. Walter Michel, R-Jackson or HB 94 by Powell.

Several bills would allow direct sales and shipment of wine to Mississippians — such as through wine clubs — which has been proposed numerous times in recent years. One, HB 683 by Rep. Cedric Burnett, D-Tunica, would allow liquor stores to sell lottery tickets.

But either from opposition from the liquor store or other lobbies, or from general opposition to alcohol in a Bible Belt state, such measures have also perennially failed. — Geoff Pender


House passes turkey hunting stamp bill

The House with a vote of 103-12 passed a bill that would require those hunting turkeys in Mississippi to purchase a stamp, at a cost of $10 for residents and $100 for out-of-state hunters.

HB 553 now heads to the Senate, where a similar bill passed by the House last year died.

House Wildlife, Fisheries and Parks Chairman Bill Kinkade said, “Not passing this last year cost us $1.3 million … in a federal match, $1.3 million we left on the table. I suggest we take that $1.3 million and use it for habitat control.” — Geoff Pender


Proposal: State to buy ‘One Mississippi’ books for second graders

The House Education Committee approved a measure that would appropriate $210,000 a year in state money to buy all second graders a copy of musician Steve Azar’s children’s book, “One Mississippi.”

The book is based on Azar’s song with the same title, the official state song of Mississippi. Currie’s legislation would direct the Department of Education to acquire enough copies of the book to provide all second graders at every public school district and charter school in the state. She said the book promotes an understanding of Mississippi’s heritage, such as the state’s rich literary history and its love of hot tamales.

“We have secured the funds, so we don’t have to worry about that,” said Rep. Becky Currie to the House Education Committee.

Before approving the bill, lawmakers asked who the state could thank for the funds secured to purchase the books?

“Us, the state,” Currie said.. — Michael Goldberg


House panel approves campaign finance legislation

The House Elections Committee approved legislation that moves the bulk of campaign finance enforcement from the Mississippi Ethics Commission to the Secretary of State’s Office and clarifies out-of-state corporations are subject to state campaign laws.  

Requires candidates to submit reports that are legible and complete and increases fines for candidates who violate the law. 

The measure still must get approval from the House Judiciary A committee before going to the full House for consideration. — Taylor Vance


Judicial redistricting moves in Senate

The Senate Judiciary A Committee on Thursday voted to adopt a new map that redraws the state’s Circuit Court and Chancery Court districts based on population data and the number of active court cases in each county.  

The measure now goes to the full Senate for consideration. Before it can become law, the House must agree to a redistricting plan, as well. The House has not yet unveiled its version of a judicial redistricting plan. — Taylor Vance


Bill would require county, city election runoffs

The House Elections Committee advanced a proposal that requires candidates in county and municipal general elections to receive a majority vote in the general election, before they can be declared the winner. 

Under the legislation, if a candidate does not receive an outright majority on the first ballot, the two candidates who received the most number of votes would advance to a runoff election. 

Candidates for these offices are currently only required to receive a plurality, or the most number of votes cast in a general election, instead of an outright majority of the votes. The proposal now goes to the full House for consideration. — Taylor Vance


$210,000

The annual amount HB 1417 would allocate and require the state Department of Education to buy copies of the book “One Mississippi” by musician Steve Azar to give to all second graders during Read Across America Week.

House unanimously passes paid parental leave for state employees

State employees would get eight weeks of paid maternity leave under a bill that passed the House unanimously Thursday. It now advances to the Senate. 

Currently, government employees in Mississippi must forgo pay if they decide to take time off after the birth or adoption of a child. Read the story.


CEO: Hospitals need Medicaid expansion, but Mississippians need it even more

The state’s decision not to expand has been expensive for us. Federal law requires hospitals participating in Medicare and offering emergency services to screen and treat patients regardless of whether they can pay for services. Any other business forced to provide goods and services to customers who cannot pay would close. Read the Ideas column.


Gov. Reeves pushes income tax elimination, opposes Medicaid expansion in 2025 State of the State address

Amid a likely debate between the House and Senate leaders over plans to slash state taxes, Republican Gov. Tate Reeves in his Wednesday State-of-the-State Address strongly encouraged the Legislature to pass a law that abolishes the state income tax. Read the story.


Transcript: Gov. Reeves’ 2025 State-of-the-State Address

Gov. Tate Reeves on Wednesday gave his annual State-of-the-State Address. Read the transcript.


Legalized online sports betting advances in Mississippi Legislature

A panel of Mississippi lawmakers approved a bill Wednesday that would permit mobile sports betting, a move proponents say would satisfy strong consumer demand and produce millions in new tax revenue. Read the story.


House passes bill removing hurdles to open some health care services

The proposed legislation would free substance use treatment, outpatient hospital dialysis, intermediate care facilities, psychiatric residential treatment facilities for youth, birthing centers and diagnostic imaging services from being required to acquire a “certificate of need” from the state to open. Read the story.


Bill to make second domestic assault conviction felony dies in committee, sparks debate

A bill to make a second offense of domestic assault a felony died in committee after Republican senators debated the proper way to prevent domestic violence and deal with it in the criminal justice system. Read the story.


Senate committee kills second effort to shutter Mississippi’s 124-year-old prison

Another push to shutter Mississippi’s oldest and infamous prison died in a Senate committee Wednesday. Read the story.


Legislative Black Caucus priority: ‘Yielding real change for Mississippi’

The Mississippi Legislative Black Caucus released its legislative agenda with a Wednesday press conference at the Capitol, promoting improved literacy and nutrition for children, better access to health care through Medicaid expansion and making sure the entire state’s economic and infrastructure needs are addressed. Read the story.


‘Make it happen’: Legislature pushes to ban DEI as political pressure mounts

With President Donald Trump elevating bans of diversity, equity and inclusion programs to the top of national Republicans’ education agenda, Mississippi lawmakers are working to shutter DEI across the state’s higher education system. Read the story.


House passes bill requiring hunters to report deer killed

Mississippi would join all other states in having a requirement for hunters to report the white-tailed deer they kill each season under a bill the House passed 79-28 on Tuesday. Read the story.


State lawmakers propose strict new rules on Taser use by police

Two state lawmakers in Mississippi have introduced bills to restrict the use of Tasers by police following an investigation by Mississippi Today and The New York Times that revealed lax oversight and dangerous use of the weapons across the state. Read the story.


Senate, House committees pass ‘dummy’ Medicaid expansion bills

Two bills that could serve as vehicles for Medicaid expansion this year passed their respective Senate and House Medicaid committees Wednesday. Read the story.


Anti-DEI bill would create taskforce to study ‘efficiency’ in university system

A Senate bill seeking to ban diversity, equity and inclusion offices on Mississippi college campuses would also create a taskforce to study how the state’s higher education system can become more efficient, a discussion some have feared is the opening salvo in an effort to close or merge universities. Read the story.


‘It’s 2025’: Health care leaders plead with lawmakers to expand Medicaid

Advocates said there is “no time like the present” to take advantage of a state-federal program that would bring in billions of federal dollars, as 40 other states have done since the Affordable Care Act made it an option in 2014. Read the story.


Coincidence or cause? National public school test scores decline as private school choice options expand

The national decline in test scores on the National Assessment of Educational Progress, known as the nation’s report card, coincides with more states expanding their “school choice” options. Read the analysis.


Energy proposals include calling natural gas ‘clean,’ pausing wind projects

A bill that passed out of the Senate Energy Committee on Wednesday would label natural gas, the predominant energy source in Mississippi, “clean energy” despite its greenhouse gas emissions. Read the story.


At least 96 Mississippians died from domestic violence. Bills seek to answer why

Nearly 100 Mississippians, some of them children, some of them law enforcement, died last year in domestic violence-related events, according to data Mississippi Today collected from multiple sources. Read the story.


Podcast: Lawmaker outlines city of Jackson legislative issues

State Rep. Zakiya Summers discusses with Mississippi Today’s Anna Wolfe, Maya Miller and Geoff Pender some of the issues the Capitol city of Jackson and the Metro Area face, and legislative priorities to deal with them. Listen to the podcast.

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

Mississippi Today

Legislation to license midwives dies in the Senate after making historic headway

Published

on

mississippitoday.org – Sophia Paffenroth – 2025-03-05 17:48:00

A bill to license and regulate professional midwifery died on the calendar without a vote after Public Health Chair Hob Bryan, D-Amory, did not bring it up in committee before the deadline Tuesday night. 

Bryan said he didn’t take the legislation up this year because he’s not in favor of encouraging midwives to handle births independently from OB-GYNs – even though they already do, and keeping them unlicensed makes it easier for untrained midwives to practice. The proposed legislation would create stricter standards around who can call themselves a midwife – but Bryan doesn’t want to pass legislation recognizing the group at all.

“I don’t wish to encourage that activity,” he told Mississippi Today.

Midwifery is one of the oldest professions in the world. 

Proponents of the legislation say it would legitimize the profession, create a clear pathway toward midwifery in Mississippi, and increase the number of midwives in a state riddled with maternity health care deserts. 

Opponents of the proposal exist on either end of the spectrum. Some think it does too much and limits the freedom of those currently practicing as midwives in the state, while others say it doesn’t do enough to regulate the profession or protect the public.

The bill, authored by Rep. Dana McLean, R-Columbus, made it further than it has in years past, passing the full House mid-February. 

As it stands, Mississippi is one of 13 states that has no regulations around professional midwifery – a freedom that hasn’t benefited midwives or mothers, advocates say.

Tanya Smith-Johnson is a midwife on the board of Better Birth Mississippi, a group advocating for licensure. 

“Consumers should be able to birth wherever they want and with whom they want – but they should know who is a midwife and who isn’t,” Smith-Johnson said. “… It’s hard for a midwife to be sustainable here … What is the standard of how much midwifery can cost if anyone and everyone can say they’re a midwife?”

There are some midwives — though it isn’t clear there are many — who do not favor licensure.

One such midwife posted in a private Facebook group lamenting the legislation, which would make it illegal for her to continue to practice under the title “midwife” without undergoing the required training and certification decided by the board.

On the other end of the spectrum, among those who think the bill doesn’t go far enough in regulating midwives, is Getty Israel, founder of community health clinic Sisters in Birth – though she said she would rather have seen the bill amended than killed. Israel wanted the bill to be amended in several ways, including to mandate midwives pay for professional liability insurance, which it did not.

“As a public health expert, I support licensing and regulating all health care providers, including direct entry midwives, who are providing care for the most vulnerable population, pregnant women,” she said. “To that end, direct entry midwives should be required to carry professional liability insurance, as are certified nurse midwives, to protect ill-informed consumers.”

The longer Mississippi midwives go without licensure, the closer they get to being regulated by doctors who don’t have midwives’ best interests in mind. 

That’s part of why the group Better Birth felt an urgency in getting legislation passed this year. 

“I think there’s just been more iffy situations happening in the state, and it’s caused the midwives to realize that if we don’t do something now, it’s going to get done for us,” said Erin Raftery, president of the group.

Raftery says she was inspired to see the bill make headway this year after not making it out of committee several years in a row. 

“We are hopeful that next year this bill will pass and open doors that improve outcomes in our state,” she said. “Mississippi families deserve safe, competent community midwifery care.”

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

Continue Reading

Mississippi Today

New Mississippi legislative maps head to court for approval despite DeSoto lawmakers’ objections

Published

on

mississippitoday.org – Taylor Vance – 2025-03-05 17:03:00

Voters from 15 Mississippi legislative districts will decide special elections this November, if a federal court approves two redistricting maps that lawmakers approved on Wednesday. 

The Legislature passed House and Senate redistricting maps, over the objections of some Democrats and DeSoto County lawmakers. The map creates a majority-Black House district in Chickasaw County and creates two new majority-Black Senate districts in DeSoto and Lamar counties. 

“What I did was fair and something we all thought the courts would approve,” Senate President Pro Tempore Dean Kirby told Mississippi Today on the Senate plan. 

Even though legislative elections were held in 2023, lawmakers have to tweak some districts because a three-judge federal panel determined last year that the Legislature violated federal law by not creating enough Black-majority districts when it redrew districts in 2022.

The Senate plan creates one new majority-Black district each in DeSoto County and the Hattiesburg area, with no incumbent senator in either district. To account for this, the plan also pits two incumbents against each other in northwest Mississippi. 

READ MORE: See the proposed new Mississippi legislative districts here.

The proposal puts Sen. Michael McLendon, a Republican from Hernando, who is white, and Sen. Reginald Jackson, a Democrat from Marks, who is Black, in the same district. The redrawn district contains a Black voting-age population of 52.4% and includes portions of DeSoto, Tunica, Quitman and Coahoma counties. 

McLendon has vehemently opposed the plan, said the process for drawing a new map wasn’t transparent and said Senate leaders selectively drew certain districts to protect senators who are key allies. 

McLendon proposed an alternative map for the DeSoto County area and is frustrated that Senate leaders did not run analytical tests on it like they did on the plan the Senate leadership proposed. 

“I would love to have my map vetted along with the other map to compare apples to apples,” McLendon said. “I would love for someone to say, ‘No, it’s not good’ or ‘Yes, it passes muster.’”

Kirby said McLendon’s assertions are not factual and he only tried to “protect all the senators” he could. 

The Senate plan has also drawn criticism from some House members and from DeSoto County leaders. 

Rep. Dan Eubanks, a Republican from Walls, said he was concerned with the large geographical size of the revised northwest district and believes a Senator would be unable to represent the area adequately.

“Let’s say somebody down further into that district gets elected, DeSoto County is worried it won’t get the representation it wants,” Eubanks said. “And if somebody gets elected in DeSoto County, the Delta is worried that it won’t get the representation it wants and needs.”

The DeSoto County Board of Supervisors on Tuesday published a statement on social media saying it had hired outside counsel to pursue legal options related to the Senate redistricting plan. 

Robert Foster, a former House member and current DeSoto County supervisor, declined comment on what the board intended to do. Still, he said several citizens and business leaders in DeSoto County were unhappy with the Senate plan. 

House Elections Chairman Noah Sanford, a Republican from Collins, presented the Senate plan on the House floor and said he opposed it because Senate leaders did not listen to his concerns over how it redrew Senate districts in Covington County, his home district. 

“They had no interest in talking to me, they had no interest in hearing my concerns about my county whatsoever, and I’m the one expected to present it,” Sanford said. “Now that is a lack of professional courtesy, and it’s a lack of personal respect to me.” 

Kirby said House leaders were responsible for redrawing the House plan and Senate leaders were responsible for redrawing the Senate districts, which has historically been the custom. 

“I had to do what was best for the Senate and what I thought was pass the court,” Kirby said. 

The court ordered the Legislature to tweak only one House district, so it had fewer objections among lawmakers. Legislators voted to redraw five districts in north Mississippi and made the House district in Chickasaw County a majority-Black district. 

Under the legislation, the qualifying period for new elections would run from May 19 to May 30. The primaries would be held on August 5, with a potential primary runoff on Sept. 2 and the general election on Nov, 4.

It’s unclear when the federal panel will review the maps, but it ordered attorneys representing the state to notify them once the lawmakers had proposed a new map. 

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

Continue Reading

Mississippi Today

5th Circuit panel denies JPD detective’s qualified immunity claim in all but one instance

Published

on

mississippitoday.org – Jerry Mitchell – 2025-03-05 16:43:00

Judges for the 5th U.S. Circuit Court of Appeals raised questions this week about the high court’s qualified-immunity doctrine, which critics say has long protected bad law enforcement officers.

The 5th Circuit panel of judges ruled that qualified immunity won’t protect a Jackson police detective in a case where she wrongfully arrested an innocent man.

“We readily acknowledge the legal, social, and practical defects of the judicially contrived qualified immunity doctrine,” Judge Don R. Willett wrote in a 2-1 decision, “but we are powerless to scrap it … [as] middle-management circuit judges.”

On Feb. 13, 2020, someone shot Nicholas Robertson, who knocked on the door of Avery Forbes’ home in Jackson and died there.

Two months later, police arrested Samuel Jennings on an unrelated charge. He told police that Desmond Green told him that he had killed Robertson.

The accusation stunned Green, who told police he didn’t know Robertson, much less take part in his murder.

Despite that, Detective Jacquelyn Thomas and Hinds County prosecutors encouraged the grand jury to indict Green, who was jailed without bond, with armed robbery being the underlying felony that elevated it to capital murder. He spent nearly two years behind bars for a crime he did not commit.

Two years later, Jennings recanted, and Green was finally freed from jail after 22 months. In his lawsuit, he alleges that Thomas used the statement of a jailhouse informant high on drugs, manipulated a photo lineup and withheld evidence from a grand jury that would have shown he was innocent.

“There was no evidence showing I was involved, so why was I arrested?” Green told Mississippi Today. “My life was on the line the whole time, and I was never allowed to speak to the judge until two years later. I lost time that I’ll never get back.”

Thomas asked for the lawsuit to be dismissed on the basis of qualified immunity, a legal doctrine created in 1967 by the U.S. Supreme Court, which determined that Jackson police officers who arrested ministers who entered a whites-only waiting room were immune from litigation because the officers were acting in “good faith.”

U.S. District Judge Carlton W. Reeves declined to dismiss the lawsuit.

That doctrine “means persons wronged by government agents cannot sue those agents unless the Supreme Court previously found substantially the same acts to be unconstitutional,” Reeves wrote. “A cynic might say that with qualified immunity, government agents are at liberty to violate your constitutional rights as long as they do so in a novel way.”

He called for juries, not judges, to rule on whether officers were guilty of bad acts. “Congress’s intent to protect citizens from government abuse cannot be overridden by judges who think they know better,” he wrote. “As a doctrine that defies this basic principle, qualified immunity is an unconstitutional error. It is past time for the judiciary to correct this mistake.”

Thomas appealed Reeves’ ruling to the 5th Circuit, saying she was “immunized against reasonable mistakes.”

In his statement to Thomas, Jennings said Green confessed that he killed Robertson and moved his body, but evidence showed a much different set of facts: Robertson was shot at one location and, still conscious, arrived at a different location where he was later found dead, wrote Willett, who was appointed by President Trump.

In addition, Robertson was with another man besides Green shortly before the shooting, Willett wrote. 

“Accepting Green’s allegations as true,” he wrote, “Detective Thomas had information which would have undercut any reasonable belief that Green murdered Robertson.”

In March 2022, Samuel Jennings recanted his statement to Thomas, saying he was “just high” and trying to get out of jail. Jennings said he initially pointed to the first photo in a photo lineup, only to have the detective steer him instead to the fifth photo, which was Green.

“This method of identification, if true, is the very type of ‘unlawful’ and ‘suggestive’ identification for which we have previously denied qualified immunity,” Willett wrote.

A month later, prosecutors remanded Green’s capital murder charges to the files, and he was released from jail.

A year later, Green sued Thomas and the city for malicious arrest and prosecution “without probable cause.” Green alleged that the detective withheld evidence from the grand jury that would have shown his innocence.

Thomas insists that she deserves qualified immunity because a grand jury indicted Green. The 5th Circuit judges disagreed.

“Green’s pleadings are sufficient to suggest Detective Thomas materially tainted the grand jury proceedings,” Willett wrote.

They concluded that Thomas wasn’t entitled to qualified immunity on Green’s Fourth Amendment false arrest and 14th Amendment due process claims, but they did grant her qualified immunity with regard to the claim of malicious prosecution.

“Qualified immunity does not protect government officials ‘who knowingly violate the law,’” Willett wrote. “Based on the allegations in the complaint, Detective Thomas falls into that camp.”

Tupelo attorney Jim D. Waide III, who is representing Green, called it “encouraging” that the 5th Circuit would “largely follow the very thorough opinion that Judge Reeves wrote. There are obviously judges on the 5th Circuit that disagree with qualified immunity as much as Judge Reeves does.”

Sheridan A. Carr, special assistant to the Jackson city attorney, said the 5th Circuit did reaffirm the federal commitment to qualified immunity.

“While we respect the court’s ruling, we believe the evidence will ultimately support Detective Thomas and the City, and we expect a favorable outcome as the legal process continues,” Carr responded by email. “This ruling was made at the motion to dismiss stage, where the court was required to accept the plaintiff’s allegations as true without considering any evidence or the full context of the case. We remain confident that a more complete and accurate picture will emerge after the facts have been fully developed through discovery.”

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

Continue Reading

Trending