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Simpson v. City of Pickens6/1/2000
up when Simpson refused to go outside with him. Officer Beasley arrived and Simpson was arrested and taken to the Pickens police station. Beasley testified that Simpson had a "strong odor of alcohol about his breath or some kind of foreign substance smell", and that Simpson made an aggressive move toward Blackstock while he was handcuffed in the police department. Blackstock testified that while he was taking Simpson to the Attala County jail, Simpson became combative and broke the plexiglass window in the patrol car. Blackstock charged Simpson with driving under the influence of any other substance which impaired such person's ability to operate a motor vehicle, malicious mischief, resisting arrest 2nd offense, disorderly conduct 2nd offense and aggravated assault. Simpson was jailed for about two weeks on these charges before being released on a reduced bond. As of the date of trial, Simpson had not been prosecuted for any of the charges.
. Simpson's account of the evening's events was completely different. He testified that after he finished working that night he drove home, then he walked to his sister-in-law's house to get some movies and then walked back home around 11:50 p.m. He further testified that he was inside his home, playing with his dog, when he noticed a police car out in the front of his house. He said that Blackstock knocked on his door and accused him of running a stop sign. Simpson stated that he closed the door and went to wake his girlfriend when Blackstock broke the door open and entered his house. Simpson denied having an altercation with Blackstock and denied the chase and jumping over fences. He testified that he told Blackstock that he would not go with him unless he called for backup. Simpson did allow the backup officer to take him into custody, but refused to take a breathalyzer test and was transported to several jails before an empty cell was found in the Attala County jail. Simpson also alleged that Blackstock's actions were retaliatory because Simpson, just one week prior, had settled another case in which he had filed charges in the United States District Court against the City of Pickens for use of excessive force. Simpson had executed a release, allowed the case to be dismissed with prejudice, and, in exchange, received a confidential settlement from the Mississippi Municipal Liability Association, insurer for the City of Pickens.
. At the bench trial four witnesses testified: Simpson and his live-in girlfriend, and officers Blackstock and Beasley. At the close of all testimony, the trial judge found for the City of Pickens and for Blackstock, stating:
Section 11-46-9(c) states in relevant part: that a governmental entity and its employee acting within the course and scope of their employment or duties shall not be liable for any claim arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police . . . unless the employees acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury.
The plaintiff has the burden of proof and therefore must prove by clear and convincing evidence whether this case involves a governmental entity and an employee of the entity and; whether the employee was acting within the course and scope of his employment or duties. Further, Plaintiff must prove that his claim arose out of an act or omission of the entity and or the employee engaged in the performance or execution of duties or activities; and that the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of Plaintiff's in
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