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Stories of Alleged Brutality by a Mississippi Sheriff’s Department

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Brian Howey and Nate Rosenfield investigated dozens of arrests made by Rankin County deputies to report this article, which is part of a series by The New York Times’s Local Investigations Fellowship examining the power of sheriffs’ offices in Mississippi.

Last month, The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today investigated a series of allegations that, for nearly two decades, Rankin County sheriff’s deputies tortured people suspected of drug use to extract information and confessions.

Reporters examined hundreds of pages of court records and sheriff’s office reports and interviewed more than 50 people who say they witnessed or experienced these events. What emerged was a pattern of violence that was neither confined to a small group of deputies nor hidden from department leaders.

Rankin County Sheriff Bryan Bailey declined to comment on specific allegations against his deputies, but in a brief phone interview in November, he told reporters “I have 240 employees, there’s no way I can be with them each and every day.” The department also announced that it had updated its internal policies and that deputies would receive training on federal civil rights laws.

These are portraits of some of the cases the investigation uncovered:

Christopher Hillhouse, 19

October 2009, Pearl, Miss.

Rankin County deputies arranged for a confidential informant to give marked money to Christopher Hillhouse to purchase drugs, according to department records. Mr. Hillhouse told reporters that he knew the informant was trying to set him up, so he spent the money at Dollar General and a gas station — stores deputies watched Mr. Hillhouse enter while tailing him, according to an incident report by Brett McAlpin, an investigator with the sheriff’s department. Later, deputies confronted Mr. Hillhouse at his family’s home. He and his mother said the deputies entered their house without permission or showing a warrant. Department officials told reporters they could not find a copy of a search warrant. Deputies demanded to know where the money was, the family said, before placing Mr. Hillhouse in handcuffs, punching him in the stomach and knocking his tooth out with a flashlight. Mr. Hillhouse said he was put in a van where a deputy continued to beat him for nearly half an hour. He was never prosecuted for a crime.

Dustin Hale, 17

November 2010, Florence, Miss.

Dustin Hale was at a friend’s house when he got into a fight that spilled out into the yard. Rankin County deputies arrived and handcuffed the teenager and then began searching for a gun deputies believed he had stashed. When Mr. Hale failed to present a weapon, the deputies shocked him with their Tasers and beat him, according to Mr. Hale and his girlfriend at the time. Mr. Hale was taken to an interrogation room at the jail where deputies placed a cardboard crown from Burger King on his head to humiliate him and shocked him until he urinated on himself, according to Mr. Hale’s former girlfriend, who said she witnessed the incident while waiting to be booked. Mr. Hale was charged with disorderly conduct, failure to comply and possession of alcohol. He was fined $507.

Gary Frith, 37

September 2012, unknown location

Gary Michael Frith (Rory Doyle for The New York Times)

Gary Frith drove off when Rankin County deputies tried to pull him over, according to department records. Eventually he stopped his vehicle and, according to a lawsuit he filed, exited with his hands over his head showing no resistance. Deputies describe no violence from Mr. Frith in their reports. Mr. Frith said deputies beat and stomped on him until he was bloodied. He was then taken to a squad car where one deputy choked and repeatedly hit him and another told him to leave the county or they would murder him, according to Mr. Frith’s lawsuit. A sheriff’s office incident report provides no explanation for the large bandage over Mr. Frith’s eyebrow in his jail mug shot. Mr. Frith pleaded guilty to possession of methamphetamine and was sentenced to eight years in prison.

Ronald Shinstock, 41, and John Burrell, 40

March 2015, Brandon, Miss.

Ronald Shinstock (Rory Doyle for The New York Times)

Deputies raided Ronald Shinstock’s home after a confidential informant set him up, according to court records. Deputies held Mr. Shinstock’s wife, their children and their friends at gunpoint while searching the house without presenting a search warrant, Mr. Shinstock and witnesses said. Department officials told reporters they could not find a copy of a warrant. Deputies took Mr. Shinstock and John Burrell, his friend, outside, where Mr. Burrell said a deputy hit him until his ears bled while demanding he tell them where the drugs were. Mr. Shinstock said deputies slapped him, made him strip naked and threatened to hit his groin with a flashlight.

Mr. Burrell pleaded guilty to possession of a controlled substance and contributing to the delinquency of a minor and was fined $7,541. Mr. Shinstock was convicted of selling methamphetamine. He appealed his case to the Mississippi Supreme Court, arguing deputies violated his Fourth Amendment rights when they raided his home without a warrant. The court denied his appeal because he failed to introduce the issue in his original criminal trial. He is currently imprisoned, facing a 40-year sentence because the sale occurred less than 1,500 feet from a church.

Samuel Carter, 64, and Christopher Holloway, 26

June 2016, Pelahatchie, Miss.

Sam Carter (Rory Doyle for The New York Times)

In reports, deputies said they were responding to a drug overdose at the home of Samuel Carter, an Army veteran, when they found drugs in plain sight. The reports mentioned no use of force during the arrest. Mr. Carter and other witnesses said that no one had overdosed in the home and deputies forced their way inside without permission or presenting a search warrant. Department officials told reporters they could not find a copy of a warrant.

Christopher Holloway, a Black man who was visiting the home, said deputies taunted him with racial slurs and began scouring the house for drugs. Mr. Holloway said he was handcuffed, beaten and repeatedly shocked in the groin and chest with a Taser until he defecated from fear and exhaustion. Taser logs indicate that James Rayborn, a deputy who was present at the arrest according to department records, triggered his Taser six times for 20 seconds during the arrest. Mr. Rayborn did not respond to multiple requests for comment. Mr. Holloway said deputies demanded to know where the drugs were and threatened to throw him into the pool while handcuffed.

Mr. Carter said he was shocked with a Taser and beaten in a separate room. He was charged with possession of a controlled substance, but avoided prison time by agreeing to attend rehabilitation. Mr. Holloway was not prosecuted but served about eight months for violating parole.

Christopher Holloway (Rory Doyle for The New York Times)

Garry Curro, 64; Jerry Manning, 39; James Elbert Lynch, 26; and Adam Cody Porter, 27

June 2018, Pearl, Miss.

Rankin County deputies arranged for a confidential informant to buy drugs in the home of Jerry Manning, according to department records. Deputies then burst into his trailer without presenting a search warrant, witnesses said.

When one of Mr. Manning’s guests, Garry Curro, 64, stepped into the living room, deputies threw him to the ground and handcuffed him, Mr. Curro said, before beating him and repeatedly shocking him with a Taser. Taser logs indicate that Deputies James Rayborn, Luke Stickman and Cody Grogan, who were present at the arrest according to department records, fired their Tasers a total of 14 times for 27 seconds. None of the deputies responded to multiple requests for comment. Mr. Curro said that when he told the deputies he had received back surgery, one of them stuck a foot into the middle of his back, grabbed him by the neck and yanked his head backward. In his incident report, Investigator McAlpin does not mention the deputies’ use of force during the arrests.

Mr. Manning said deputies placed his legs under his bed and knocked out the bedposts, pinning him to the floor while they shocked him repeatedly in the genitals and the head. Deputies then wrapped a pair of bluejeans around his face and punched him repeatedly before dragging him into the kitchen, Mr. Manning said, where they then used a blowtorch to melt the handle of a metal nutcracker onto his bare thigh. One deputy drew a swastika on his forehead, Mr. Manning said, which was visible in his mug shot. Deputies leaned Mr. Manning against a chair and strapped a belt around his neck, he said. Then, one deputy stood on the chair and pulled the belt up, allowing him to hang by his own body weight until he thought he would die, Mr. Manning said.

Adam Cody Porter said deputies handcuffed him in another room and asked him where the drugs were. When he said he did not know, they threw him into a glass mirror, kicked him on his sides and used his pocketknife to shred his pants to ribbons, Mr. Porter said.

James Elbert Lynch said he was asleep when deputies grabbed him by his hair, dragged him into the living room and stomped on his face when he asked to see a warrant. Mr. Lynch said that when he told a deputy he did not know where any drugs were, the deputy dragged a blowtorch across the bottoms of his feet.

Mr. Curro pleaded guilty to possession of drug paraphernalia and was fined $250. Mr. Manning said he entered a drug counseling program to avoid charges. Mr. Porter was not charged. Charges against Mr. Lynch were dropped.

Robert Wayne Jones, 34, and Jeffrey Tyler Mote, 26

June 2018, Pearl, Miss.

Robert Wayne Jones (Rory Doyle for The New York Times)

While trying to set up Robert Wayne Jones and Jeffrey Tyler Mote in a drug sale, deputies intercepted the men in a trailer park driveway, according to department records. The deputies then beat them and shocked them with Tasers, Mr. Jones said, demanding to know where their drugs were. He said deputies then drove them to a wooded area and beat them again before throwing Mr. Jones into a water-filled ditch and firing a Taser at his chest, above his heart. Mr. Jones said a deputy believed he had swallowed drugs to hide them, so he shoved a stick down Mr. Jones’s throat and twisted it until he vomited blood. In their official report, deputies did not mention using force against the men. A mug shot later taken at the jail shows Mr. Jones’s face swollen and covered in mud.

While in jail, Mr. Jones told his story to a fellow inmate who described the account to reporters. Mr. Mote was convicted of possession of marijuana in a motor vehicle and possession of paraphernalia and was fined $855. Mr. Jones was not charged.

Fredrick Trimble, 38

July 2018, Flowood, Miss.

Deputies arrested Fredrick Trimble during a sting initiated by a confidential informant, according to department records. Mr. Trimble, who said he thought the informant was trying to rob him, fled in his car and struck a pedestrian. The deputies caught Mr. Trimble, beat him and shocked him with their Tasers multiple times in the groin and torso while he was handcuffed, Mr. Trimble said. He said one of the deputies put a gun in his mouth, threatened to kill him and then pistol-whipped him. In their reports, deputies wrote that Mr. Trimble had attacked them. He was charged with assault and fleeing police officers and was sentenced to 25 years in prison.

Jeremy Travis Paige, 41

August 2018, Pearl, Miss.

Jeremy Paige (Rory Doyle for The New York Times)

Rankin County deputies arrested Jeremy Travis Paige after getting a confidential informant to try to set him up in a drug sale, according to department records. Mr. Paige said that after he tried to flee in his car, deputies beat him unconscious in the street. In their reports, deputies wrote that he resisted arrest and tried to kick them.

When Mr. Paige came to, he had been handcuffed and deputies were dragging him into his home, Mr. Paige said. He was then brutally beaten for nearly an hour, until his eyes were swollen shut and his tooth fell out, he and a witness said. Mr. Paige also said deputies waterboarded him, burned him with a cigarette and shocked him with a Taser. Department Taser logs indicate that at least one deputy at the scene fired a Taser. Mr. Paige’s booking photo, taken at the Rankin County jail, shows his battered face after the encounter.

According to Mr. Paige, deputies hid evidence of the violence by using Tasers that were not issued by the department and removing blood-soaked bed linens from the house. After Mr. Paige was arrested, his roommate came home and took pictures of the mattress stripped bare and blood spattered on the wall. Mr. Paige, who was sentenced to five years on drug charges, filed a lawsuit, which was dismissed after he missed court deadlines.

Mitchell Hobson, 38, and Roy Clell “Rick” Loveday, 47

October 2018, Brandon, Miss.

Rick Loveday (Rory Doyle for The New York Times)

Rick Loveday said he woke up when deputies barged into his trailer home seeking drugs. Mr. Loveday, who was a deputy in Hinds County at the time, said deputies dragged him half-naked into his kitchen, where they poured spices on him, smashed a chocolate cake into his face and jabbed his buttocks threateningly with a flashlight before beating him.

Mitchell Hobson, a guest in Mr. Loveday’s home, said deputies tortured him for more than an hour, waterboarding him, beating his bare feet with batons, shocking him with Tasers, choking him with a lamp cable, sticking a Taser into his mouth and punching him in the face and body while demanding he lead them to a drug stash.

Andrea Dettore, another guest in Mr. Loveday’s home, said she witnessed Mr. Loveday’s beating and heard Mr. Hobson being beaten in the other room. Mr. Loveday said he also heard Mr. Hobson being beaten. The confidential informant who set the men up told reporters that Mr. Loveday spoke to him in court a few days later about being beaten by the deputies.

Mr. Loveday said deputies stole guns and other items from his home. He was charged with possession of paraphernalia. Mr. Hobson was charged with selling methamphetamine. All charges were set aside or dropped.

Mitchell Hobson (Rory Doyle for The New York Times)

Carvis Johnson, 34

February 2019, Flowood, Miss.

Rankin County deputies pulled over Carvis Johnson after a confidential informant bought drugs from him, according to department records. Mr. Johnson claimed in a federal lawsuit that after he was handcuffed, Deputy Jamie Perry placed a gun in his mouth and threatened to kill him if he did not say where his drugs were located. Mr. Johnson said deputies beat him when he told them he had no drugs and said if he brought drugs into Rankin County, he would be killed.

Mr. Johnson’s lawsuit states that deputies threw him into a truck bed and took turns beating his back and buttocks with a crowbar. (In an interview, Mr. Johnson clarified that they used a car jack handle). Investigator McAlpin wrote in his incident report that Mr. Johnson tried to “obtain or conceal” a gun, but he made no mention of violence during the arrest. Mr. Johnson’s booking photo shows his face swollen and bandaged.

Mr. Johnson pleaded guilty to selling methamphetamine with a firearm and was sentenced to 16 years in prison. His lawsuit was resolved in a settlement for $2,000.

Maurice Porter, 28

March 2019, Florence, Miss.

Deputies stopped Maurice Porter in his car because they suspected him of selling drugs and driving without a license, according to Investigator McAlpin’s incident report. Mr. Porter said that he ran when a deputy referred to him using a racial slur and threatened to shock him in his groin with a Taser. After tackling him, the deputies shocked him, punched him and kicked him, Mr. Porter said. A confidential informant who said he witnessed the arrest told reporters that Mr. Porter was brutally beaten.

The deputies took Mr. Porter back to their vehicles but refused to let him stand, Mr. Porter said, hurling racial slurs at him as they dragged him by his hair and his shoulders. When they got him to the car, Mr. Porter said, Investigator McAlpin slammed a nightstick into his legs repeatedly knocking him to the ground. The deputies shoved him into a squad car, where he vomited, Mr. Porter said.

When Mr. Porter’s mother, Catherine, arrived, deputies would not let her speak to her son and told her they were going to search her house, Mr. Porter and his mother said. Ms. Porter said she did not grant deputies permission to search her home; department officials told reporters they could not find a copy of a search warrant. During the search, deputies took two guns and then took a security camera and the memory device that stored video footage, Ms. Porter said.

Mr. Porter was charged with resisting arrest and possession of marijuana and paraphernalia. He was fined more than $1,000 and spent five months in jail.

Joshua Rushing, 32

January 2020, Pearl, Miss.

Joshua Rushing (Rory Doyle for The New York Times)

Rankin County deputies arranged a controlled drug sale between a confidential informant and Joshua Rushing, according to department records. In his report, Investigator Christian Dedmon wrote that Mr. Rushing rammed a patrol vehicle with his car and then ran from deputies and fought with them as they subdued him. Mr. Dedmon wrote that he shocked Mr. Rushing with his Taser and punched him until other deputies helped place him in handcuffs.

Mr. Rushing and his girlfriend, Nicole Brock, who witnessed the arrest, denied these claims. Mr. Rushing said he was pulling over when the deputies rammed his vehicle and they began to shock him with their Tasers while he was still in the driver’s seat. He said he was in handcuffs when Mr. Dedmon placed a pistol in his mouth and radioed that an armed man was fleeing. Mr. Dedmon then pistol-whipped him in the head, Mr. Rushing said. His mug shot shows a large bleeding wound on his forehead, where Mr. Rushing said he was struck. Mr. Dedmon, who pleaded guilty this summer to federal and state charges related to the torture of three men, did not respond to multiple messages seeking comment left with his attorney.

Before taking him to jail, deputies placed him in the bed of their truck and drove to a nearby service road, Mr. Rushing said, where they told him he had made a mistake coming to their county and shocked him repeatedly with a Taser. Taser logs from the sheriff’s department show that Mr. Dedmon triggered his Taser six times for a total of 19 seconds during the arrest. After being taken to jail, Mr. Rushing described the encounter to another inmate, who confirmed his account.

Mr. Rushing said he complained to the department, detailing the abuse; a lawyer for the department declined to provide copies, claiming they were personnel records. Mr. Rushing spent eight months in jail, but charges stemming from the incident were eventually dropped. Ms. Brock was charged with disorderly conduct and failure to comply and was fined $697.

Dwayne Kaiser, 59

February 2020, Pearl, Miss.

Dwayne Kaiser was set up by a confidential informant in a $100 methamphetamine deal, according to department records. Rankin County deputies then raided Mr. Kaiser’s home without presenting a search warrant, Mr. Kaiser said. Department officials told reporters they could not find a copy of a search warrant. Deputies brought Mr. Kaiser into his bedroom, he said, where they demanded to know where the $100 was and punched him repeatedly. Mr. Kaiser said that one deputy shocked him in the leg with his Taser, which is supported by department Taser logs. No use of force is mentioned in the deputies’ reports. Deputies then punched him until he told them where to find the money, Mr. Kaiser said.

Mr. Kaiser pleaded guilty to selling methamphetamine and was sentenced to five years of probation.

Barry Tatum Yawn, 40

June 2022, Florence, Miss.

When Rankin County deputies came to investigate a fight between Barry Tatum Yawn and his son, they shocked him with their Tasers numerous times, Mr. Yawn said. Then, they held him upside down by his legs, slammed his head into the floor and punched him until his jaw broke, he said. Department Taser logs indicate that several deputies fired their Tasers seven times during the time of the incident.

At the urging of a fire department medic, deputies took him to a hospital, Mr. Yawn said. Medical records show that doctors treated him for head injuries and a broken jaw, which the records say occurred during the fight between Mr. Yawn and his son. The medical records also state that doctors had to remove Taser prongs from Mr. Yawn’s shoulder. There is no mention of Taser use or any use of force in the deputies’ reports. Mr. Yawn was not arrested or charged in the incident.

Robert Grozier, 39, and Andrea Dettore, 49

January 2023, Florence, Miss.

Investigator Dedmon set up a drug deal between Robert Grozier and a confidential informant at the home of Andrea Dettore, department records show. According to Mr. Grozier, deputies stormed the property and forced a gun so far down his throat that he started to vomit and then shocked him with their Tasers until he falsely confessed to buying drugs. Ms. Dettore said she could hear Mr. Grozier grunting as if he were being hurt behind the closed bedroom door. Mr. Grozier and Ms. Dettore said that a deputy found a sex toy in the home and shoved it into Mr. Grozier’s mouth while threatening to shock him if he spat it out. Deputies found topless pictures of Ms. Dettore on Mr. Grozier’s phone and showed them to each other, making lewd comments, Mr. Grozier and Ms. Dettore said.

Mr. Grozier pleaded guilty to possession of marijuana and was fined $250. Ms. Dettore pleaded guilty to disorderly conduct and failure to comply and was fined $500.

Jerry Mitchell, Ilyssa Daly, Eric Sagara and Irene Casado Sanchez contributed reporting. Kitty Bennett contributed research. This article was reported in partnership with Big Local News at Stanford University and supported in part by a grant from the Pulitzer Center.

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

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Mississippi Today

IHL deletes the word ‘diversity’ from its policies

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mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

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.

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Closed St. Dominic’s mental health beds to reopen in December under new management

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mississippitoday.org – Gwen Dilworth – 2024-11-21 13:54:00

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.

A hallway inside Oceans Behavioral Hospital in Jackson, Miss., is seen on Thursday, Nov. 21, 2024, during the facility’s grand opening. Credit: Eric Shelton/Mississippi Today

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. 

Stuart Archer, CEO of Oceans Healthcare, speaks during the grand opening of Oceans Behavioral Hospital in Jackson, Miss., on Thursday, Nov. 21, 2024. Credit: Eric Shelton/Mississippi Today

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.

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How Mississippi’s Supreme Court Runoff Election Could Impact Criminal Cases

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mississippitoday.org – Caleb Bedillion, The Marshall Project and Daja E. Henry, The Marshall Project – 2024-11-21 11:00:00

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.” 

Branning, left, and Kitchens at the Neshoba County Fair in August 2024. Credit: Eric Shelton, Mississippi Today

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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