Jackson Free Press

Attorneys for Jackson Mayor Frank Melton argued in a Meridian court on Oct. 20, over whether Melton can be sued as a private individual or if the state has to shoulder the financial burden of a civil suit against him brought by former Mississippi Bureau of Narcotics employees who say Melton defamed them by leaking a false memo to The Clarion-Ledger in April 2003.

The same day, Lauderdale County Circuit Court Judge Robert Bailey granted Melton defense attorney, and former Jackson mayor, Dale Danks' request for a gag order after Danks said that a Jackson television reporter said she expected Melton to be led out of the civil courtroom in handcuffs. Television crews had arrived at the hearing expecting a show.

Melton was not present at the hearing, and handcuffs are not usually involved in a civil suit.

On Aug. 25, Bailey granted the plaintiffs' motion to strike Melton's answer and enter a default judgment against him three days after Melton admitted to the judge that he had lied in answers to legal questions. Melton had repeatedly claimed that he did not leak the document to The Clarion-Ledger's Washington Bureau reporter Ana Radelat until he reversed himself.

"The defendant has been party to litigation in the past and the court questions that he did not know that the answers to the discovery were for this court and that he did not know that the answers were required under oath. The court finds that the repeated false responses to discovery constituted wilfulness and bad faith on the part of Frank Melton," Bailey wrote in his Aug. 25 order granting plaintiff's motion.

That ruling meant that Melton loses the case because he lied to the court; now the issue is over the amount of the legal fine and who pays it: Melton or Mississippi taxpayers.

Melton's lies to the court were first reported by the Jackson Free Press earlier this year.

Former MBN pilots Robert Earl Pierce and Jimmy Saxton say they were defamed in the memo Melton leaked to The Clarion-Ledger two years ago. Melton, who was director of the Mississippi Bureau of Narcotics for 14 months, claimed until recently he was not the source of a memo submitted to Radelat. Melton recanted after the judge demanded that Radelat release the name of her source.

Last week, Melton's attorneys argued that the former MBN head's actions fell within the scope and course of his employment by the state, and that he cannot be sued as an individual. The Mississippi Tort Claims Act shields government employees from paying damages, so long as they act within the scope of their duty. This means that the state or local employing government, and ultimately the taxpayers, have to bear the cost of the lawsuit. If responsibility falls to the state, damages are capped in accordance with recent tort-reform legislation. If Melton is determined to be personally liable for the damages, however, there is no cap on damages, and juries may award whatever amount they please.

In an ironic twist, Melton's administration announced recently that the city is considering cutting down its own legal support for police officers determined to be acting outside the course and scope of their duties, saying the city should not be liable for misbehavior on the part of employees.

Deputy City Attorney Pieter Teeuwissen accused the prior mayoral administration of automatically jumping to the defense of every police officer involved in a civil suit, regardless of whether or not the officer's behavior warranted a defense by the city.

Melton is seeing the situation from the cop's end at this point. The Meridian Star reported that defense attorney James Metz said Melton was acting within the parameters of his job description in that his duties as MBN chief included maintaining a good relationship with the press. (Melton originally told the court that he believed he could lie because, even when he was with MBN, he was a member of the media. The judge didn't buy it, reminding the mayor that even journalists cannot lie under oath.)

Metz also said that Melton never confirmed to Radalat that the allegations in the memo were true and that he had given Radelat the memo with the understanding that it would not result in a news story.

According to the Meridian Star, plaintiffs' attorneys wielded depositions of Radelat for use against the defense. Radelat's testimony makes no mention of warnings that the memo contained innuendo, nor does it make mention of Melton's demand that the memo be kept out of a story.

Bailey questioned why Melton submitted the memo to the press in the first place if the intent was not to publish.

The case was intended to go to trial Nov. 7, but was rescheduled until the spring term of the circuit court, possibly in April, due to the high volume of motions filed by attorneys in the case.

After State Auditor Phil Bryant declared in March 2005 that the allegations contained in the memo were largely false, the MBN agents also filed suit against Radelat, Clarion-Ledger state/metro editor Grace Simmons, The Clarion-Ledger and the Gannett Corp., which owns the paper. Simmons edited The Clarion-Ledger's coverage of Melton's campaign for mayor of Jackson.

Click here for a blog thread about the Oct. 20 court filings and the gag orders.

Previous Comments

ID

64761

Comment

If his argument was that he was a journalist and had immunity, then the state shouldn't cover him as an employee on the fine. Just sayin'

Author

Rex

Date

2005-10-26T15:50:56-06:00

ID

64762

Comment

If he's trying to maintain good relations with the press, maybe he shouldn't hand them FALSE information. That tends to annoy most reporters that I know. Just sayin'.

Author

kate

Date

2005-10-26T15:53:05-06:00

ID

64763

Comment

Y'all make good points. Taxpayers should not pay fines for one "journalist" lying to another journalist. Just sayin'.

Author

DonnaLadd

Date

2005-10-26T15:59:42-06:00

ID

64764

Comment

Still would like to know who our local State and County leaders think should pay for this lawsuit? They did help put this man in office as mayor by covering for him at every turn. Good info. about the Metro Editor covering the campaign while being named a defendant in the case. I hope Melton and the Clarion Liar have to pay big time!

Author

pikersam

Date

2005-10-27T10:22:53-06:00

ID

64765

Comment

Helloo-o-oo? Has WLBT or the Clarion-Ledger written about Melton's being judged a liar by Circuit Judge Robert Bailey? Or the amount of damages that the taxpayers have to cough up for this public servant?

Author

Towanda

Date

2005-10-31T18:24:04-06:00