Mississippi Today
Sex Abuse, Beatings and an Untouchable Mississippi Sheriff
Sex Abuse, Beatings and an Untouchable Mississippi Sheriff
Terry Grassaree was dogged for years by questions about how he did his job as a law enforcement officer in Macon, Miss., a tiny, rural town near the state’s eastern border.
There were allegations of rape inside the jail that Mr. Grassaree supervised, and lawsuits claiming that he covered up the episodes. At least five people, including one of his fellow deputies, accused him of beating others or choking them with a police baton.
Mr. Grassaree survived it all, rising in the ranks of the Noxubee County Sheriff’s Department, from a deputy mopping floors, to chief deputy, to the elected position of sheriff, making him one of the most powerful figures in town.
Now, more than three years after losing an election and retiring, and 16 years after a woman first claimed that Mr. Grassaree pressured her to lie about being raped, the former sheriff faces criminal charges.
A federal indictment filed in October accuses him of committing bribery in 2019, near the end of his eight-year tenure as sheriff, and of lying to federal agents when they questioned him about whether he requested sexually explicit photographs and videos from a female inmate. Mr. Grassaree has denied the charges and pleaded not guilty.
But an investigation by the Mississippi Center for Investigative Reportingat Mississippi Todayand The New York Times reveals that allegations of wrongdoing against Mr. Grassaree have been far more wide-ranging and serious than those federal charges suggest. The investigation included a review of nearly two decades of lawsuit depositions and a previously undisclosed report by the Mississippi Bureau of Investigation.
At a minimum, the documents detail gross mismanagement at the Noxubee County jail that repeatedly put female inmates in harm’s way. At worst, they tell the story of a sheriff who operated with impunity, even as he was accused of abusing the people in his custody, turning a blind eye to women who were raped and trying to cover it up when caught.
Over nearly two decades, as allegations mounted and Noxubee County’s insurance company paid to settle lawsuits against Mr. Grassaree, state prosecutors brought no charges against him or others accused of abuses in the jail. A federal investigation dragged on for years, and led to charges last fall, a few weeks after reporters started asking authorities about the case.
Even now, no higher authority has reviewed how Mr. Grassaree ran the jail or whether his policies endangered women, because in Mississippi, as in many states, rural sheriffs are left largely to police themselves and their jails.
In 2006, after Mr. Grassaree and his staff left jail cell keys hanging openly on a wall, male inmates opened the doors to the cell of two women inmates and raped them, according to statements the women gave to state investigators. One of the women said Mr. Grassaree pressured her to sign a false statement to cover up the crimes, according to the state police report that has never been made public.
About a year later, in a lawsuit, four people who had been arrested gave sworn statements accusing Mr. Grassaree of violence. Two of the people said he choked or beat them while they were in his custody. A third said he pinned her against a wall and threatened to let a male inmate rape her.
In 2019, a jailed woman told investigators that she had been coerced into having sex with two deputies who offered her a cellphone in exchange for her compliance. Instead of punishing the deputies, she claimed in a lawsuit against the county, Mr. Grassaree demanded that she send him explicit pictures and videos of herself. The federal indictment also accuses Mr. Grassaree of using his cellphone to facilitate a bribe, which experts say could have been the perks the woman says she received.
All told, at least eight men — including four deputies and Mr. Grassaree himself — have been accused of sex abuse by women inmates who were being held in the Noxubee County jail while Mr. Grassaree was in charge.
Over the years, the accusations of rape and other misconduct at the jail have been investigated separately by the FBI, the Department of Justice and the Mississippi Bureau of Investigation. No rape or assault charges have been filed.
Mr. Grassaree has denied all of the allegations against him and has faced no disciplinary action. His lawyer declined to comment further.
Holding people accountable for rapes and assaults behind bars is difficult under the best of circumstances. There is little to protect incarcerated victims and witnesses from retaliation for speaking up. When they do come forward, they are often dismissed as not credible, especially if the person accused is a law enforcement officer.
What happened inside the Noxubee jail, and how the authorities responded, is a case study in how those difficulties can be even harder to surmount in rural places, where jails are the exclusive domain of a county sheriff who operates largely without oversight.
No state agency oversees Mississippi’s county jails, and no state regulator has the authority to fine a sheriff for endangering people in custody or for failing to train the staff who operate the jail. In 2017, state lawmakers stopped providing funds for jail inspections by the Mississippi Department of Health, removing even the basic requirement that the facilities meet food safety and cleanliness requirements.
“They are closed-off institutions, and the people held inside them are unpopular and politically powerless,” said David Fathi, director of the American Civil Liberties Union National Prison Project. “That makes them ripe for neglect and abuse that is entirely foreseeable.”
Scott Colom, the elected district attorney for Noxubee County, took office in 2016 and was not involved in the investigation of the 2006 rape allegations.
After learning of the more recent allegations against Mr. Grassaree and his deputies, Mr. Colom said, he notified federal authorities and worked with them on an investigation. Although he believed the evidence against Mr. Grassaree in the case was “clear and strong,” Mr. Colom said he knew it would be tough to seat an impartial jury in Noxubee County. He has twice been forced to cancel criminal trials because there were too few potential jurors available, he said, and neither of those cases involved a public official.
Darren J. LaMarca, U.S. attorney for the Southern District of Mississippi, declined to comment on the case and so did others responsible for investigating the alleged abuses in the Noxubee County jail.
Mr. Grassaree spoke briefly in an interview about his professional history, but would not answer detailed questions about the 2006 rape cases or the more recent allegations related to his federal charges.
Mary Taylor, a retired dispatcher who worked full time at the jail from 1988 to 2017, said in a phone interview that in her years at the jail she never witnessed any sexual abuse.
She said she wasn’t working on the day the two women said the rapes took place in 2006, but that she doesn’t believe their version of events.
“My belief? They weren’t raped,” Ms. Taylor said. “They did that to get out of jail.”
She maintained that it’s “impossible for one man to rape a woman, unless she’s not moving, unless it’s a Bill Cosby thing.”
“They could have yelled out and told somebody,” she said. “You can’t rape the unwilling.”
Building a tough reputation
When Terry Grassaree was born in Macon in 1962, the idea that he could one day be sheriff seemed far-fetched.
In Macon, which briefly served as Mississippi’s capital during the Civil War, only white men worked as law enforcement officers in those days. The county had a long history of violence against African Americans, including the massacre of 13 Black Mississippians at a church, gunned down by nightriders on a single August night in 1871. The sheriff at the time arrested no one.
Though the county’s population is mostly Black, every sheriff elected in Noxubee County was white until 1988, when Albert Walker became the first Black man to hold the office. Mr. Grassaree, his handpicked successor, was the second.
Mr. Grassaree started his law enforcement career as a police officer in Macon and in nearby Brooksville, and sold insurance on the side to help make ends meet. Sheriff Walker hired him as a county deputy in 1992 and put him to work mopping floors, among other duties, at the county jail. Mr. Grassaree was also a deputy coroner, paid $85 for each body he handled.
He worked his way up to chief deputy, and took on running the jail.
Mr. Grassaree, known to keep order by issuing physical threats, said in an interview last year that he drew inspiration from the professional wrestler “Stone Cold” Steve Austin.
“Even while they were whipping him, he was still the toughest guy on the mat,” Mr. Grassaree said. “He’s like, ‘Is that all you’ve got?’ No matter how long a man whips you, he will get tired. He might think he’s winning. The only thing you’ve got to do is hold out.”
This idea, he said, became the foundation for how he behaved when he put on his uniform.
Early in his career, he beefed his 6-foot-2 frame up to 230 pounds, and people started calling him “Big Dog.” Not many people crossed him after that, he said.
His reputation for being aggressive spread across town. In a 2006 letter to the editor in the local paper, a mother complained that Mr. Grassaree had threatened her 16-year-old son. The boy, she wrote, had fought with Mr. Grassaree’s son at school.
The editor of the same newspaper, The Macon Beacon, arrived to cover an arrest near a nightclub in 2000 and snapped a picture of Mr. Grassaree kneeling on a man’s neck. The photo made the front page.
People who passed through the jail describe being attacked by Mr. Grassaree when he thought they were causing trouble. Four people gave sworn statements about such attacks as part of a 2005 lawsuit against Mr. Grassaree and Noxubee County filed by former deputy Kendrick Slaughter. In the lawsuit, Mr. Slaughter claimed that Mr. Grassaree tried to bribe him not to run for City Council, and then hauled him to jail for talking to the FBI about the alleged bribe.
Noxubee County’s insurance company settled the suit for an undisclosed amount.
The four sworn statements accuse Mr. Grassaree of a number of violent acts, which he has denied committing. One man wrote that while he was handcuffed in a courtroom in 2002, Mr. Grassaree beat him until a judge came off the bench to rescue him.
Another man said in his sworn statement that Mr. Grassaree choked him with his nightstick and warned him to follow his orders. The man said Mr. Grassaree told him, “I’ll shoot you in the head! I’m the Big Dog! I’m Number One! This my jail!”
A 19-year-old woman said Mr. Grassaree hit her twice with his nightstick and threw her against a wall after accusing her of stealing potato chips from a man held in jail. Mr. Grassaree “spread my legs apart with his foot,” she said in her deposition.
Then, she said, he told her that he ought to let the inmate rape her.
A jail with no rules
The jail that Mr. Grassaree oversaw for most of his career sits frozen in time on Industrial Road on the outskirts of Macon, next to the old Purina pet food mill that now produces feed for catfish farms.
The building has been locked and empty since about 2014, when Mr. Grassaree and his deputies packed up and moved to a new facility down the street. Inside the old jail, a blackened mix of dirt, rust and mold has crept over the white iron cell doors. Bags of trash and dusty bed linens litter the remaining furniture and the floor.
When Mr. Grassaree was put in charge of this building in the 1990s, he inherited a jailhouse that essentially operated without rules. Jail workers allowed inmates to come and go from the building without logging the inmates’ movements or supervising them closely.
The onlypolicies about the jail that appear in the 2003 Noxubee County Sheriff’s Policy Manual center on the use of force. None tell how to run the jail.
For years, certain inmates were let out of their cells to help cook, pass out food trays and clean.
Kennedy Brewer, who entered the jail in 2002, was one of the facility’s most trusted inmates. Eyebrows were raised when he showed up at a court hearing on his own, having driven himself to the courthouse without a deputy to escort him, according to Forrest Allgood, the district attorney at the time.
Mr. Brewer spent five years at the jail waiting to be retried after DNA evidence proved he had been wrongly convicted of sexually abusing and murdering a 3-year-old girl. When prosecutors gave up on a new trial, Mr. Brewer was released, and his case was featured in the Netflix documentary series “The Innocence Files.”
Testifying under oath as a witness in a lawsuit in 2007, Mr. Brewer said he served as a jail trusty, or an inmate with special privileges, and had access to keys that opened each cell. He said he would check newly arrested people into the jail and that he once escorted an inmate to a cell with no one else present.
Mr. Grassaree has denied that inmates were allowed to use jail keys without supervision.
On a June day in 2006, Mr. Brewer had no problem getting into the women’s cell block undetected.
He grabbed the jailer’s keys off the nail hanging on the wall and slipped down the short hallway that ran the length of jail. In a building smaller than a McDonald’s, he and a fellow inmate didn’t have to go far. There were no guards patrolling the halls and no surveillance cameras to catch any movements.
When Mr. Brewer unlocked the cell door, one of the women inside was laying down for a nap.
Then Brewer was on top of her, grabbing her arms and forcing her down, according to statements the first woman later gave to state agents.
“No, I don’t want to do this,” she begged, according to her statements.
Then she looked for her cellmate, Jessie Levette Douglas. She told investigators she saw another inmate, Laterris Goodwin, on top of her.
It was all over in moments.
The woman who originally reported the rapes declined to be interviewed for this article. Ms. Douglas died of renal failure in a state prison in 2018.
When investigators interview rape victims, they are supposed to remain impartial. But when Mr. Grassaree, who was chief deputy at the time, found the woman crying on the floor, he stood over her and shouted, the woman said in a deposition taken as part of her subsequent lawsuit against the county. He and another member of the sheriff’s office yelled that she couldn’t tell anybody about the rape and that she was “going to make them lose their jobs and make the department look bad,” according to her sworn statement.
“They kept berating me as if I had done something wrong,” she said.
When state agents arrived the next day at the request of the sheriff’s office, Mr. Grassaree handed them everything they needed to dismiss the allegations, including signed statements from two of the men saying the women had invited them to have sex, and more important, a statement from Ms. Douglas saying everything she saw and experienced was consensual.
If Mr. Grassaree and his deputies had been in charge of the investigation, it might have ended there. But when state agents interviewed Ms. Douglas, her story changed.
She told investigators that she and her cellmate had been raped that day and that she lied in her first statement because Mr. Grassaree had pressured her to cover up what happened.
Mr. Grassaree “told me to tell everybody the sex was consensual and that for me to ‘help a brother,’ referring to Brewer,”Ms. Douglaswrote in a later statement. “He told me to tell everybody that we put on a freak show for the male inmates.”
In reality, Ms. Douglas told the agents, three men incarcerated at the jail — Mr. Brewer, Mr. Goodwin and Michael Slaughter — had entered her locked cell at different times on the same day and had raped her.
In statements to investigators, Mr. Slaughter, Mr. Brewer and Mr. Goodwin denied that they had raped the women, claiming that the sex was consensual.
In an interview from 2022, Mr. Brewerdenied ever having sex with anyone inside the jail. Neither Mr. Slaughter nor Mr. Goodwin could be reached for comment.
Both women were given polygraph tests, and the examiner concluded that they were telling the truth, according to state investigators’ records. Mr. Goodwin and Mr. Slaughter failed polygraph tests; Mr. Brewer declined to take one.
State agents shared their findings with federal and state prosecutors, and the case was presented to a Noxubee County grand jury. The grand jury decided not to issue charges.
Legal experts say Mr. Grassaree could have been investigated for obstructing justice in the case. That never happened, and neither did an investigation of practices in the jail, where agents concluded that four rapes had taken place.
Noxubee County’s insurance company settled the woman’s lawsuit in 2009. The Macon Beacon reported that she was paid $375,000.
Sabrina Campbell said her sister, Ms. Douglas — the woman who said she was raped by three inmates and who died many years later — wanted the public to know what happened to her. “I don’t want my sister to have died in vain,” Ms. Campbell said.
The rapes devastated her sister, who never stopped battling nightmares afterward, she said. “She was scared all the time. She would tell nieces and nephews about the jail, ‘Don’t ever come here, because your life is over.’”
Another round of allegations
Allegations of sexual abuse at the Noxubee County jail did not end with the 2006 case.
In 2020, Elizabeth Layne Reed,a woman incarcerated at the jail, made explosive allegations against the men she encountered there. In a lawsuit she filed that year, she accused two deputies, Vance Phillips and Damon Clark, of coercing her into having sex.
She said the men gave her a cellphone and other perks so that she would have sexual encounters with them in remote spots around the jail or when the deputies checked her out of the facility. The deputies even put a sofa in her jail cell, she said.
Ms. Reed said in an interview that she wanted the public to know what happened to her in the hope that others would come forward. “It made me terrified to trust anybody,” she said. “Women in jail and prison need to be protected.”
According to her lawsuit, Mr. Grassaree knew all about his deputies’ “sexual contacts and shenanigans,” but did nothing to “stop the coerced sexual relationships.” Mr. Grassaree denied any knowledge of what deputies were doing. “Are you a boss?” he said. “Do your employees tell you everything they do?”
Instead of intervening, the lawsuit alleged, the sheriff “sexted” her and demanded that she use the phone the deputies had given her to send him “a continuous stream of explicit videos, photographs and texts” while she was in jail. She also alleged in the lawsuit that Mr. Grassaree touched her in a “sexual manner.”
The lawsuit was settled for an undisclosed amount.
News outlets in Mississippi made brief mention of the lawsuit, but government officials at all levels, including federal and state prosecutors, were silent for two years about what, if anything, they were doing to investigate the allegations it raised, and whether they had found evidence to support them.
A review by the Mississippi Center for Investigative Reporting and The New York Times of documents filed in the lawsuit, along with documents fromthe preceding2019 state investigation, reveals that Ms. Reedaccused other deputies besides Mr. Phillips and Mr. Clark of sexual harassment and abuse. None of the other deputies has been charged or named publicly. It is unclear whether the FBI investigated those allegations.
The federal bureau’s investigation into Mr. Grassaree, Mr. Phillips and Mr. Clark took more than two years to yield charges, even though investigators had confessions of sexual contact from the deputies as well as text messages between the woman and the three men. In fall of 2022, several weeks after reporters began asking authorities about the case, Mr. LaMarca successfully sought indictments against Mr. Grassaree and Mr. Phillips on bribery charges. Mr. Clark has not been indicted.
Ms. Reed hoped that other deputies, including Mr. Clark, would be held accountable, she said. “They’re still walking around free, not worried about any charges.”
Ms. Reed said that she felt sick to her stomach when she found out that neither Mr. Grassaree nor Mr. Phillips had been directly charged in connection with her allegations of sex abuse. Lawyers for Mr. Phillips did not immediately respond to requests for comment. Mr. Clark could not be reached for comment.
The indictments do not mention sexual abuse. Along with bribery, Mr. Grassaree was also charged with lying to the F.B.I. in denying that he had “requested and received” nude photos and videos from Ms. Reed. A trial is scheduled for summer.
Julie Abbate, who served as the deputy chief of the Justice Department’s Civil Rights Division from 2003 to 2018 and reviewed the allegations at the news organizations’ request, said the federal prosecutors could have explored criminal charges against Mr. Grassaree and his deputies for violating the civil rights of women in his facility.
The question of whether to bring federal charges in the case may have been complicated by guidance the Department of Justice issued in 2018, saying that law enforcement officers cannot be federally prosecuted for violating a person’s civil rights if the person “truly made a voluntary decision as to what she wanted to do with her body,” particularly if she received a benefit or special treatment in exchange for sex.
But Ms. Reed’s decisions in the episode in the Noxubee County jail were “not free-will choices,” said Andrea Armstrong, a law professor at Loyola University, and the cellphone Ms. Reed received from deputies “was the vehicle by which more abuse could be directed towards her.”
Mississippi law makes it a crime for law enforcement officers to engage in sexual acts with incarcerated people. Prosecutors are not required to prove the victims were physically overpowered or even that they told their abuser to stop.
But the district attorney’s office that handles criminal cases in Noxubee County chose to pass the 2020case on to federal prosecutors, instead of seeking charges under the state law, because of worries about getting a fair jury in the county. When asked about federal prosecutors’ decision to charge Mr. Grassaree and Mr. Phillips with bribery in the case, the district attorney, Mr. Colom, said, “I trust federal authorities to use the best statutes.”
Ms. Abbate said the allegations about abuses in the Noxubee County jail were indicative of a larger, pervasive problem at the facility and a harmful culture inside the sheriff’s office. That culture, she said, undoubtedly endangered inmates and allowed abuses to continue.
“The allegations that come to light are almost always just the tip of the iceberg,” said Ms. Abbate, who is now director of Just Detention International, an organization dedicated to ending sexual abuse in correctional facilities. Referring to the 2006 and 2020 cases, she said, “I guarantee you that these two instances are not the only ones.”
This article was co-reported by The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
IHL deletes the word ‘diversity’ from its policies
The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.
Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book.
The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”
In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”
“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.
On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.
IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.
Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.
The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.
But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.
In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013.
The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book.
“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”
Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes.
The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors.
Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.
In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians.
“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.”
Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.”
“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads.
The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.
A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Closed St. Dominic’s mental health beds to reopen in December under new management
The shuttered St. Dominic’s mental health unit will reopen under the management of a for-profit, Texas-based company next month.
Oceans Behavioral Hospital Jackson, a 77-bed facility, will provide inpatient behavioral health services to adults and seniors and add intensive outpatient treatment services next year.
“Jackson continuously ranks as one of the cities for our company that shows one of the greatest needs in terms of behavioral health,” Oceans Healthcare CEO Stuart Archer told Mississippi Today at a ribbon cutting ceremony at its location on St. Dominic’s campus Thursday. “…There’s been an outcry for high quality care.”
St. Dominic’s 83-bed mental health unit closed suddenly in June 2023, citing “substantial financial challenges.”
Merit Health Central, which operates a 71-bed psychiatric health hospital unit in Jackson, sued Oceans in March, arguing that the new hospital violated the law by using a workaround to avoid a State Health Department requirement that the hospital spend at least 17% of its gross patient revenue on indigent and charity care.
Without a required threshold for this care, Merit Health Central will shoulder the burden of treating more non-paying patients, the hospital in South Jackson argued.
The suit, which also names St. Dominic’s Hospital and the Mississippi Department of Health as defendants, awaits a ruling from Hinds County Chancery Court Judge Tametrice Hodges-Linzey next year.
The complaint does not bar Oceans from moving forward with its plans to reopen, said Archer.
Oceans operates two other mental health facilities in Mississippi and over 30 other locations in Louisiana, Oklahoma and Texas.
“Oceans is very important to the Coast, to Tupelo, and it’s important right here in this building. It’s part of the state of Mississippi’s response to making sure people receive adequate mental health care in Mississippi,” said Lt. Governor Delbert Hosemann at the Nov. 21 ribbon cutting.
Some community leaders have been critical of the facility.
“Oceans plans to duplicate existing services available to insured patients while ignoring the underserved and indigent population in need,” wrote Hinds County Sheriff Tyree Jones in an Oct. 1 letter provided to Mississippi Today by Merit Health.
Massachusetts-based Webster Equity Partners, a private-equity firm with a number of investments in health care, bought Oceans in 2022. St. Dominic’s is owned by Louisiana-based Catholic nonprofit Franciscan Missionaries of Our Lady Health System.
Oceans first filed a “certificate of need” application to reopen the St. Dominic’s mental health unit in October 2023.
Mississippi’s certificate of need law requires medical facilities to receive approval from the state before opening a new health care center to demonstrate there is a need for its services.
The Department of Health approved the application under the condition that the hospital spend at least 17% of its patient revenue on free or low-cost medical care for low-income individuals – far more than the two percent it proposed.
Oceans projected in its application that the hospital’s profit would equal $2.6 million in its third year, and it would spend $341,103 on charity care.
Merit Health contested the conditional approval, arguing that because its mental health unit provides 22% charity care, Oceans providing less would have a “significant adverse effect” on Merit by diverting more patients without insurance or unable to pay for care to its beds.
Oceans and St. Dominic’s also opposed the state’s charity care condition, arguing that 17% was an unreasonable figure.
But before a public hearing could be held on the matter, Oceans and St. Dominic’s filed for a “change of ownership,” bypassing the certificate of need process entirely. The state approved the application 11 days later.
Merit Health Central then sued Oceans, St. Dominic and the State Department of Health, seeking to nullify the change of ownership.
“The (change of ownership) filing and DOH approval … are nothing more than an ‘end run’ around CON law,” wrote Merit Health in the complaint.
Oceans, St. Dominic’s and the Mississippi Department of Health have filed motions to dismiss the case.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
How Mississippi’s Supreme Court Runoff Election Could Impact Criminal Cases
Mississippi voters have dealt defeat to one conservative state Supreme Court justice and forced a moderate justice into a Nov. 26 runoff, with the final outcome possibly making the court more open to considering the rights of criminal defendants.
The nine-member court is largely conservative but justices have recently split in high-profile decisions that sharply affected state politics, including a ruling that shut down citizen-led ballot initiatives in Mississippi and allowed some state control over local criminal cases in its majority-Black capital. The court has also rendered rulings that have made the state increasingly unfavorable to defendants appealing their cases.
“The ability of death row inmates in particular, and inmates in general, to access the courts has been recently curtailed significantly,” Matthew Steffey, a professor at Mississippi College School of Law, told The Marshall Project – Jackson and Bolts following the Nov. 5 election.
Justice Dawn H. Beam joined the majority in those decisions, acquiring a reputation of being hostile to appeals by criminal defendants, and she ran for reelection this fall as the Republican Party’s favored candidate. However, she lost in the state’s 2nd District on Nov. 5 to David P. Sullivan, a defense attorney who has worked as a public defender.
Judicial races in Mississippi are nonpartisan and Sullivan has given few explicit signals about his judicial outlook. He has supported at least some criminal justice reforms and would be the third justice with experience as a defense attorney on this court. Some reformers nationwide have pushed for more professional diversity on the bench.
Even if Sullivan turns out to be more centrist or independent than Beam on criminal law, any overall shift in power on the court depends on the outcome of a runoff election next week.
Two-term Justice Jim Kitchens and challenger Jenifer B. Branning will face each other in the Nov. 26 runoff election after neither won more than 50% of the vote on Nov. 5. The runoff will take place across the 22 counties that make up the Supreme Court’s central district, including Hinds County, home to Jackson. Throughout the campaign, the state GOP targeted Kitchens with attacks, while Branning, a Republican state senator with a conservative voting record, is endorsed by the party.
Kitchens is one of two reliably moderate-to-liberal high court justices. Justices from among an additional group of four sometimes veer away from the majority, as well, but can be more unpredictable, and this group does not vote as a bloc.
Quinn Yeargain, a Michigan State University law professor who closely watches state courts, recently analyzed the court’s voting patterns and found Beam was consistently more conservative than Kitchens in recent cases. Yeargain told The Marshall Project – Jackson and Bolts that conservative and liberal voters often have few signals about how to select a candidate in judicial races. “It’s very hard to label the justices,” they said.
Sullivan — whose father was a Mississippi Supreme Court justice from 1984 to 2000 — called himself a “conservative” throughout his campaign. But he has also touted the value of judicial independence and criticized Beam for campaigning on her endorsement by the state Republican Party.
“I think that rubbed a lot of people the wrong way,” Sullivan told the Sun Herald newspaper, speaking of Beam’s use of the endorsement. “Judicial races are nonpartisan for a reason. A judge’s impartiality could be called into question.”
Sullivan has broad legal experience, but much of his career has focused on private criminal defense while also doing some public defense work. He told The Marshall Project – Jackson and Mississippi Today that he supported a new administrative rule handed down in 2023 by the state Supreme Court to require continuous legal representation for poor criminal defendants from the beginning of their cases. An investigation by The Marshall Project, ProPublica and the Northeast Mississippi Daily Journal last year found, however, that many courts were unready at the time to implement the new representation rules.
During the campaign, Sullivan told The Marshall Project – Jackson and Mississippi Today that more work is needed to improve public defense.
Kitchens has also advocated for public defense reforms during his two terms on the court. He told a committee of legislators last year that the “playing field is far from level” between prosecutors and poor defendants.
On other criminal justice issues, he has sometimes dissented from opinions upholding death sentences. His decisions have scrutinized prosecutorial conduct and inadequate legal representation.
Branning, the Republican senator, has a voting record on criminal justice issues that suggests a harsher approach toward criminal defendants. She has supported higher mandatory minimum sentences and reclassifying misdemeanors as felonies, has opposed expansion of parole and was among only a few lawmakers who voted against legalizing medical marijuana.
She also supported increasing the jurisdiction of a controversial, state-run police force inside the majority-Black city of Jackson as well as increasing state control over many felony cases in Jackson. The Supreme Court unanimously curtailed much state power over these felony cases, but a majority left some control intact, with Kitchens and another judge dissenting.
Branning did not respond to questions from The Marshall Project – Jackson and Mississippi Today during the Nov. 5 campaign about her possible judicial outlook.
Kitchens was a prosecutor and then in private practice before joining the bench. Branning is a practicing attorney who typically handles civil cases.
The winner of the Nov. 26 runoff will join Sullivan on a court that in recent years has been restricting the ability of people who say the legal system has wronged them to seek relief, legal experts told The Marshall Project – Jackson and Bolts this month.
Krissy Nobile, director of the state’s Office of Capital Post-Conviction Counsel, said it’s become “increasingly more difficult to correct a wrongful conviction.” Her office provides legal counsel for indigent people on death row.
She said a number of recent cases showed the barriers the high court has erected for criminal defendants appealing their convictions, and demonstrated indifference to civil rights violations. Kitchens disagreed with the majority, in full or in part, in all but one of the appeals, which the court unanimously denied.
In a case earlier this year, the Court ruled to monetarily fine an incarcerated person for filing any future post-conviction relief petitions that lacked merit. Kitchens joined a dissenting opinion condemning the fine. In another, the court denied a man who argued that his lawyers were ineffective and that they did not challenge prosecutorial misconduct or false forensic evidence presented by a medical examiner with a checkered past. The court’s majority denied the motion, and in the process, overturned a precedent that allowed ineffective counsel as an adequate reason to give a case another look in some types of appeals. Kitchens dissented, along with two other justices.
“For decades in Mississippi, the Court held that it would correct errors if there was a violation (of) a person’s fundamental rights,” Nobile said. But she added this has changed considerably. Now, if you land a terrible lawyer who rushes your case, “You are out of luck,” she said, “even if your core constitutional rights have been clearly violated.”
For the court’s majority, Nobile added, “The legal technicalities now trump a person’s constitutional rights.”
The runoff is the nation’s final supreme court race of the year. Thirty-two states held elections for their high courts earlier this year, resulting in a muddled picture, with liberals and conservatives each gaining ground in different places, Bolts reports.
Mississippi’s runoff outcome will heavily depend on turnout and the composition of the electorate. In the Supreme Court’s central district, voters split narrowly between Democrat Kamala Harris and Republican Donald Trump in the presidential election on Nov. 5, but the runoff is just two days before Thanksgiving and will likely see a large dropoff in turnout. Branning received 42% of the vote in the first round, and Kitchens received 36%, with three other candidates making up the rest.
There will also be a runoff the same day in the Gulf Coast area between Amy Lassiter St. Pé and Jennifer Schloegel for an open seat on the state Court of Appeals. The Court of Appeals hears both criminal and civil cases that have been appealed from lower courts. The Mississippi Supreme Court can hear cases directly on appeal or can assign cases to the Court of Appeals.
Observers agreed that against the national legal backdrop, neither a Kitchens victory nor a Branning victory would lead to a seismic change since neither outcome would flip the court’s conservative lean. Still, a modest shift could impact some of the most controversial cases, such as a rare 5-4 decision that upheld the death sentence in Willie Manning’s case.
A Kitchens win, coupled with Sullivan’s upset earlier this month, would deal the Republican Party rare setbacks in a state where it has been dominant and could put moderate forces in a position to grow their numbers further in future elections.
“You might end up with a normal conservative court,” law professor Yeargain said, “instead of one of the most conservative courts in the country.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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