BREAKING: Upper Level Strikes Back

by Adam Lynch
September 25, 2006

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.

posted by pikersam on 09/25/06 at 08:14 PM

posted by ladd on 09/25/06 at 08:16 PM

posted by pikersam on 09/25/06 at 09:20 PM

posted by pikersam on 09/25/06 at 09:34 PM

posted by Ironghost on 09/26/06 at 07:51 AM

posted by kate on 09/26/06 at 09:06 AM

posted by pikersam on 09/26/06 at 09:45 AM

posted by ladd on 09/26/06 at 11:35 AM

posted by Buford Pusser on 09/26/06 at 01:32 PM

posted by justjess on 09/26/06 at 02:04 PM

posted by Izzy on 09/26/06 at 02:05 PM

posted by pikersam on 09/26/06 at 07:26 PM

posted by Ironghost on 09/26/06 at 08:05 PM

posted by ChrisCavanaugh on 09/27/06 at 09:15 AM

posted by Jeff Lucas on 09/27/06 at 09:28 AM

posted by laughter on 10/03/06 at 01:59 PM