Jackson Free Press

Updated. This version appears in the print version of the Jackson Free Press already on the stands today.

Attorney Sharon Gipson filed a notice of claim against the city of Jackson and other city officials Monday for an alleged Aug. 27 attack on Upper Level manager Tonarri Moore while Moore was in Jackson Police Department custody—mere hours after the alleged attack on a Ridgeway Street duplex that led to multiple indictments of the mayor and his bodyguards on Sept. 1.

Gipson claims Melton and his two JPD bodyguards, Michael Recio and Marcus Wright, entered the Upper Level against the terms of a 2005 agreement with the city and Upper Level owners.

The claim states that Melton had no warrant for the search, and carried a large stick and a "partially concealed handgun," in violation of Attorney General Jim Hood's warning that Melton is not allowed to carry weapons into bars. Gipson argues that Ward declared Moore was under arrest for videotaping Melton and police officers while they were inside the club.

Attorney Edna Stringer, who also represents Upper Level owner Sandra Johnson, Moore's mother, filed a petition for preliminary injunction and temporary restraining order against Melton in July, claiming Melton's gun-toting visitations posed a risk of "potential exposure to physical injury to staff and patrons." The injunction never got a response from Chancery Court Judge Patricia Wise, who recused herself from the case.

As Moore was led outside to the Mobile Command Center, Gipson claims "John Does 1-10" beat and kicked Moore. "Wright held (the) handcuffed Moore while he endured the first powerful blow, which caused him to fall to the ground," the claim states.

Upper Level owner Sandra Johnson was "abrasively dismissed" when she attempted to help Moore, according to the claim, as Melton's guests "kicked and assaulted Moore."

Melton, Police Chief Shirlene Anderson, Recio, Wright, JPD, John Does and agents of the city were "grossly negligent and as such were a contributing cause of the injuries to Upper Level" business, as well as "contributing to the cause of the injuries" to Moore, according to the claim.

The claim alleges the following violations by the city: negligence, gross negligence, recklessness, civil assault, trespass, nuisance, both intentional and negligent infliction of emotional distress, and breach of contract, among other charges.

Gipson argues that both Moore and Johnson were falsely arrested and "inappropriately detained on false and baseless charges." Moore and Johnson face charges of assault, abusive language, resisting arrest and disorderly conduct.

Gipson said her clients were seeking damages above the $500,000 cap set by the Circuit Court of Hinds County and would prefer to send the case to federal court, where there is no cap.

Melton did not return calls for comment. City Attorney Sarah O'Reilly-Evans told the Jackson Free Press Monday that it was too early to make a statement regarding the notice of claim.

"I have not seen the claim. … If I got it, it would be in my evening mail, so I have not seen it," O'Reilly-Evans said.

City attorneys may attempt to defend the city by arguing that the mayor acted outside his official capacity. Last year, Deputy City Attorney Pieter Teeuwissen said that the city was adopting a hard line with police officers in some civil suits. Teeuwissen said that past administrations defended civil suits brought against officers and paid their judgments regardless of how the officer acted.

"If an officer does something clearly outside the course of the general orders in which the officer commits a criminal act—i.e. an assault on someone—the law says that we are not liable for those actions," Teeuwissen told the JFP last year.

That argument will be a hard sell in this case, according to Mississippi College School of Law professor Matt Steffey.

"You cannot say that the mayor was acting outside the scope of his duty, especially when no one has tried to rein the mayor in," Steffey said. "If there had been City Council policy and the mayor was acting outside it, maybe they'd have a case, but there's no such conflict or limitation here. In fact, the council has been notoriously unwilling to rein the mayor in. The only potential argument left to the city would be to question whether or not the civil rights of the club owners were actually violated. They can't say, 'It wasn't city policy,' because if the mayor does it, it is city policy."

When asked why Moore did not file criminal charges for assault against Melton and his cohorts, Gipson said her clients had not yet ruled it out.

"The potential is still there for them to file criminal charges," Gipson said. The victims do not have to file criminal charges, however, in order for authorities to hand down indictments on the allegations. The attorney general, the sheriff and the district attorney have said more charges against Melton and his entourage could be on the way. There are also reports that the FBI may be investigating the night's events.

Previous Comments

ID

123962

Comment

Ooopps! Nice, good job Melton for further damaging the city, its image, and its people. Why you have hanger-on's is beyond me?

Author

pikersam

Date

2006-09-25T20:14:20-06:00

ID

123963

Comment

Hey, ol Pike. Still have an impersonator on other sites? I just thought of a Pike name they wouldn't like to copy. Shouldn't post it here without permission, though. ;-) E-mail me if you want to hear it. Now, back to our regularly scheduled thread ...

Author

DonnaLadd

Date

2006-09-25T20:16:44-06:00

ID

123964

Comment

Hey iTodd! Like the new name?! ;-) I definitely see the Jackass Ad on this page!

Author

pikersam

Date

2006-09-25T21:20:30-06:00

ID

123965

Comment

Gipson claims the city, Melton, Police Chief Shirlene Anderson, Recio, Wright, JPD, John Does and agents of the city were “grossly negligent and such were a contributing cause of the injuries to Upper Level” business, as well as “contributing to the cause of the injuries” to Moore. And to think, we know that there are three Council-members who will stand by and allow our City to be subjected to these lawsuits. We know that there are three others will do the right thing and stand up for the citizens who are tired of this crap! That leaves Councilman Allen singing Simon And Garfunkel's "I am a Rock" What will happen next?

Author

pikersam

Date

2006-09-25T21:34:17-06:00

ID

123966

Comment

I dunno, there seems to this non-lawyer a lot that would get tossed in the normal course of trial. "Future suffering"? Man... I'd be in serious pain if I got that one. :D

Author

Ironghost

Date

2006-09-26T07:51:43-06:00

ID

123967

Comment

Ironghost, where are you getting "future suffering"? I don't see it in the article anywhere. Or, am I blind. This. Scares. The. Crap. Out. Of. Me.: Gipson argues that Ward declared Tonarri Moore was under arrest for videotaping Melton and police officers while they were inside the club. Under arrest for videotaping? So, it's now okay to arrest someone for videotaping the Mayor, and then, because he's under arrest, it's okay to beat him? It's okay for the guv'mint to wiretap our phones with no warrant, but a club manager can't videotape his own property?

Author

kate

Date

2006-09-26T09:06:32-06:00

ID

123968

Comment

kate, I think IG may have read the pdf. of the claim on the Ledge's website. Last I checked, it was gone today. You always shoot for the moon with these claims knowing that a good defense will argue much of it down. Just as you name everyone involved knowing that only one or two parties will end up responsible. In this case, Melton and the City most likely will be libel. In celebration of yesterday's claim, Allen had Blunston on his show this morning. How little Blunston knows about the law and governance was apparent this morning. Blunston can't seem to grasp the concept of House Burglary, even though he read the statute. No Melton didn't steal anything per say; but, when he came in the house with a weapon without warning and proceeded to destroy the man's property, in excess of $500 (felony), that is a kin to stealing. Melton may as well took his stuff. Either way, his property is unusable. In NE Jax they would call this a Home Invasion. In the eyes of certain council members, Melton's heart is in the right place and he is learning. So, just leave the man alone because he is doing the right thing! Way to go in helping Blunston taint the jury pool in Jackson this morning. I see the Sheriff is investigating the Upper Level. Hmmm....

Author

pikersam

Date

2006-09-26T09:45:17-06:00

ID

123969

Comment

Pike, the media would undoubtedly call it a "home invasion" had anyone else done it. That's the least of what it was.

Author

DonnaLadd

Date

2006-09-26T11:35:28-06:00

ID

123970

Comment

Donna, How about an investigation concerning the amount of overtime Michael Recio and Marcus Wright had been paid since becoming Melton's bodyguards??

Author

Buford Pusser

Date

2006-09-26T13:32:11-06:00

ID

123971

Comment

Buford Pusser, I think that the investigation has been done already for the amt. of overtime pay. It rounds out to $50,000 each above their salaries. This is not for the entire year, so there is much more t come. Remember, these guys work 24/7, weekends and holidaysbecause these are the only two guy that the mayor trusts and he has vowed to give his life for them, "just as they will die for me." They were living on the Frank Tank which might explain why melton is so desperate to get the unit back. So you see: Marco and Reco are Drain-O the City-O.

Author

justjess

Date

2006-09-26T14:04:43-06:00

ID

123972

Comment

Marco and Reco are Drain-O the City-O. -justjess ROFL

Author

Izzy

Date

2006-09-26T14:05:53-06:00

ID

123973

Comment

Just got back from a day trip to the Delta. I see you posted the Claim! Who is Hon. Imhoteph Alkeb-Ian?

Author

pikersam

Date

2006-09-26T19:26:56-06:00

ID

123974

Comment

I'm sorry, I did read it on the CL while it was up. I didn't realize it wasn't up here yet. You couldn't pay me to bodyguard Frankie. I hate those shirts...

Author

Ironghost

Date

2006-09-26T20:05:31-06:00

ID

123975

Comment

The saga gets worse and worse. Thanks JPF for keeping us up to date.

Author

ChrisCavanaugh

Date

2006-09-27T09:15:41-06:00

ID

123976

Comment

Who is Hon. Imhoteph Alkeb-Ian? He is a Jackson lawyer with an office on Mill Street (I think), most notable for representing Attorney Chokwe Lumumba when he was threatened with disbarrment a few years ago.

Author

Jeff Lucas

Date

2006-09-27T09:28:02-06:00

ID

123977

Comment

WELCOME TO JACKSON!

Author

laughter

Date

2006-10-03T13:59:08-06:00