Mississippi Today
‘This should not have happened,’ lawyer says of 16-year-old’s death at poultry plant
Duvan Perez spent time with his mother and siblings and liked to listen to music and work out at the gym.
At night, he arrived at Mar-Jac Poultry in Hattiesburg to clean machinery used to process chicken for sale in restaurants. He was earning money to buy his own car.
“He was living the life that you’d expect of a 16-year-old,” said Seth Hunter, a Hattiesburg attorney.
Until he wasn’t and became the third person to die at the poultry plant in less than three years.
On the night of July 14, 2023, the Hattiesburg middle-schooler was cleaning a deboning machine when he got caught in a rotating shaft and sprockets and pulled in, the Occupational Safety and Health Administration found in an investigation of the incident.
Federal child labor laws prohibit anyone under the age of 18 from working in meat processing plants because the machinery can be dangerous.
In court records and a statement released after Duvan’s death, Mar-Jac pointed the finger at its contractor, Onin Staffing, saying it relied on the company headquartered in Birmingham to verify employees’ age, qualifications and training, a wrongful lawsuit filed by the teenager’s mother, Edilma Perez Ramirez, alleges.
Despite this, Mar-Jac allowed Duvan to clean the equipment “without actual or constructive knowledge that Perez was under the legal age to legally perform such job duties,” according to court documents.
The Feb. 1 lawsuit, filed in the Forrest County Circuit Court, is asking for compensatory damages from Mar-Jac, Onin and other defendants, including damages for funeral and burial costs, pain and suffering and the value of future earnings Duvan would have earned.
“(The family knows) that this should not have happened,” said Hunter, who is representing the family with Biloxi attorney Jim Reeves.
The lawsuit alleges Mar-Jac’s procedure for cleaning machinery did not did not follow proper safety procedures and industry standards. Typically, the machine would be disconnected from power and a lockout would be used to prevent the machine from intentionally starting.
It also alleges Onin allowed Perez to perform a task outside of his scope due to his age and lack of training.
Attorneys representing Mar-Jac and Onin did not respond to a request for comment. The companies and other defendants have 30 days to respond to the complaint.
In a statement released shortly after Perez’s death, Mar-Jac said the company “would never knowingly put any employee, and certainly not a minor, in harm’s way” but reiterated that the staffing companies are responsible for verifying age and identification.
Other defendants named in the lawsuit are Letissha Hill, a human resources and staffing director at Mar-Jac, and John Daniels, a safety supervisor at the plant. Unknown defendants are others who may have worked for either company and those who manufactured and maintained the machinery Perez was operating when he died.
Hunter said the goal of the lawsuit is to find out why this happened to Perez and seek change to prevent other children from across the country from being placed in dangerous work conditions.
“They shouldn’t be there in the first place,” he said.
Perez was indigenous and from Guatemala, according to the Immigrant Alliance for Justice and Equity, a Jackson-based nonprofit organization that supports immigrants across the state.
The lawsuit alleges Mar-Jac has a history of worker safety issues.
Safety records show OSHA issued at least eight citations for safety violations at the plant before Perez’s death for deaths in 2020 and 2021, three amputations and injuries from a fall that required hospitalization, according to the complaint.
The lawsuit comes weeks after OSHA cited Mar-Jac for 17 violations in Duvan’s death, and 14 of them were classified as serious, totaling over $212,000 in proposed penalties.
Mar-Jac could have enforced strict safety standards, but less than a year after Perez’s death, that has not happened.
“Nothing has changed, and the company continues to treat employee safety as an afterthought, putting its workers at risk,” OSHA Regional Administrator Kurt Petermeyer said in a Jan. 16 statement.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1875
Nov. 2, 1875
The first Mississippi Plan, which included violence against Black Americans to keep them from voting, resulted in huge victories for white Democrats across the state.
A year earlier, the Republican Party had carried a majority of the votes, and many Black Mississippians had been elected to office. In the wake of those victories, white leagues arose to challenge Republican rule and began to use widespread violence and fraud to recapture control of the state.
Over several days in September 1875, about 50 Black Mississippians were killed along with white supporters, including a school teacher who worked with the Black community in Clinton.
The governor asked President Ulysses Grant to intervene, but he decided against intervening, and the violence and fraud continued. Other Southern states soon copied the Mississippi plan.
John R. Lynch, the last Black congressman for Mississippi until the 1986 election of Mike Espy, wrote: “It was a well-known fact that in 1875 nearly every Democratic club in the State was converted into an armed military company.”
A federal grand jury concluded: “Fraud, intimidation, and violence perpetrated at the last election is without a parallel in the annals of history.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Mississippi Today’s NewsMatch Campaign is Here: Support Journalism that Strengthens Mississippi
High-quality journalism like ours depends on reader support; without it, we simply couldn’t exist. That’s why we’re proud to join the NewsMatch movement, a national initiative aimed at raising $50 million for nonprofit newsrooms that serve communities like ours here in Mississippi, where access to reliable information has often been limited.
In a time when trusted journalists and media sources are disappearing, we believe the stakes couldn’t be higher. Without on-the-ground, trustworthy reporting, civic engagement suffers, accountability falters and corruption often goes unaddressed. But it doesn’t have to be this way.
Here at Mississippi Today we act as watchdogs, holding those in power accountable, and as storytellers, giving a platform to voices that have been ignored for too long. And we’re committed to keeping our stories free for everyone because information should be accessible when it’s needed most.
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Every dollar raised strengthens our ability to serve you with fact-based journalism on issues that impact your everyday life—whether it’s covering local election issues or reporting on decisions affecting schools, safety and economic growth in Mississippi. Your support makes it possible for us to stay rooted in the community, offering nuanced perspectives that help Mississippians understand and engage with what’s happening around them.
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We’ll examine what’s at stake if local newsrooms lose press freedoms and will discuss how you, as members of the public, can help protect it. This event is open to Mississippi Today and Verite News members as a special thank-you for supporting local journalism and standing with us in this mission. Donate today to RSVP!
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Thank you for believing in the power of journalism to strengthen the communities we love—not only during election season but year-round. With your help, we’ll keep Mississippi informed, engaged and connected for generations to come.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Hinds County loses fight over control of jail
The Hinds County sheriff and Board of Supervisors have lost an appeal to prevent control of its jail by a court-appointed receiver and an injunction that orders the county to address unconstitutional conditions in the facility.
Two members from a three-judge panel of the 5th U.S. Circuit Court of Appeals agreed with decisions by U.S. District Judge Carlton Reeves to appoint a receiver to oversee day-to-day jail operations and keep parts of a previous consent decree in place to fix constitutional violations, including a failure to protect detainees from harm.
However, the appeals court called the new injunction “overly broad” in one area and is asking Reeves to reevaluate the scope of the receivership.
The injunction retained provisions relating to sexual assault, but the appeals court found the provisions were tied to general risk of violence at the jail, rather than specific concerns about the Prison Rape Elimination Act. The court reversed those points of the injunction and remanded them to the district court so the provisions can be removed.
The court also found that the receiver should not have authority over budgeting and staff salaries for the Raymond Detention Center, which could be seen as “federal intrusion into RDC’s budget” – especially if the receivership has no end date.
Hinds County Board of Supervisors President Robert Graham was not immediately available for comment Friday. Sheriff Tyree Jones declined to comment because he has not yet read the entire court opinion.
In 2016, the Department of Justice sued Hinds County alleging a pattern or practice of unconstitutional conditions in four of its detention facilities. The county and DOJ entered a consent decree with stipulated changes to make for the jail system, which holds people facing trial.
“But the decree did not resolve the dispute; to the contrary, a yearslong battle ensued in the district court as to whether and to what extent the County was complying with the consent decree,” the appeals court wrote.
This prompted Reeves to hold the county in contempt of court twice in 2022.
The county argued it was doing its best to comply with the consent decree and spending millions to fix the jail. One of the solutions they offered was building a new jail, which is now under construction in Jackson.
The county had a chance to further prove itself during three weeks of hearings held in February 2022. Focuses included the death of seven detainees in 2021 from assaults and suicide and issues with staffing, contraband, old infrastructure and use of force.
Seeing partial compliance by the county, in April 2022 Reeves dismissed the consent decree and issued a new, shorter injunction focused on the jail and removed some provisions from the decree.
But Reeves didn’t see improvement from there. In July 2022, he ordered receivership and wrote that it was needed because of an ongoing risk of unconstitutional harm to jail detainees and staff.
The county pushed back against federal oversight and filed an appeal, arguing that there isn’t sufficient evidence to show that there are current and ongoing constitutional violations at the jail and that the county has acted with deliberate indifference.
Days before the appointed receiver was set to take control of the jail at the beginning of 2023, the 5th Circuit Court ordered a stay to halt that receiver’s work. The new injunction ordered by Reeves was also stayed, and a three-person jail monitoring team that had been in place for years also was ordered to stop work.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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