Clifford v. Harrison Cnty.
| Decision Date | 31 March 2022 |
| Docket Number | CIVIL ACTION NO. 1:20-cv-344-TBM-RPM |
| Citation | 596 F.Supp.3d 634 |
| Parties | Martin CLIFFORD, Plaintiff v. HARRISON COUNTY, MISSISSIPPI; Harrison County Sheriff's Department; and Sheriff Troy Peterson, in his official capacity, Defendants |
| Court | U.S. District Court — Southern District of Mississippi |
Michael R. Martz, Freeland Martz, PLLC, Oxford, MS, for Plaintiff.
Tim C. Holleman, Hollis Taylor Holleman, Patrick Taylor Guild, Boyce Holleman and Associates, P.A., Gulfport, MS, for Defendant Mississippi Harrison County.
Alben N. Hopkins, Jr., Hopkins, Barvie & Hopkins, PLLC, Gulfport, MS, for Defendants Harrison County Sheriff's Department, Troy Peterson.
Plaintiff, Martin Clifford, brought this action pursuant to 42 U.S.C. § 1983, against Sheriff Troy Peterson, in his official capacity, the Harrison County Sheriff's Department, and Harrison County. The essence of the claim is that his Fourth Amendment rights were violated when, while carrying a concealed firearm into the Harrison County Courthouse, the officer at the security checkpoint took time to confirm that Clifford possessed a valid enhanced carry license permitting him to carry the firearm to the second floor of the courthouse. A hearing in this matter was held on November 1, 2021, where the Court heard oral arguments of counsel. The Court finds that Sheriff Peterson's policy—of ensuring that armed individuals who have business on the second floor of the Harrison County Courthouse hold a valid concealed carry license before being permitted upstairs—did not result in a violation of Clifford's Fourth Amendment rights and that his claims are dismissed.
The crux of Clifford's claims against the Defendants pertains to the policy of checking the validity of Clifford's concealed carry permit,1 prior to allowing him to enter the second floor of the Harrison County Courthouse. In his Complaint, Clifford alleges that on October 8, 2019, during a visit to the Harrison County Courthouse in Gulfport, Mississippi, for the purpose of absentee voting, he informed the deputy on duty that he was a lawfully armed enhanced carry licensee. [1] at ¶ 10; [33-2] at 2. After complying with the deputy's request to state his business for visiting the courthouse, Clifford gave the deputy his license and identification so the deputy could verify its validity. Id. at ¶ 11. When the deputy returned his license, Clifford proceeded to the second floor to conduct his business. Clifford testified that this process took "at least 10 to 15 minutes" and that is the time period that it generally takes for deputies to complete the verification of the license. [33-2] at 6.
Clifford further alleges that on September 10, 2020, he was "once again unlawfully detained" by a deputy at the security checkpoint at the Harrison County Courthouse for "no less than twenty-seven minutes" while Deputy Jacob Morgan verified his concealed carry license. [1] at ¶¶ 31-32. In his deposition, Clifford stated that in addition to these two occasions, he visited the courthouse on July 2, 2019, July 29, 2019, and October 8, 2019. [33-2] at 3-5. At each of these visits, the process of verifying that he had a valid concealed carry license took the deputy on duty between ten and fifteen minutes. [33-2] at 3-8. Clifford claims that Sheriff Peterson's policy of confirming the validity of an enhanced concealed carry license before allowing an armed individual to enter the second floor of the courthouse violates his Fourth Amendment right to be free from unlawful search and seizure.
The Harrison County Courthouse, located in Gulfport in the First Judicial Distrrict, is a two story, multi-use building. The second floor consists of "nine (9) courtrooms, jury rooms, witness rooms, [the] Grand Jury room, [the] Sheriff's office, [the] District Attorney's office, entry to Court Administrator's office, entrance to Court Clerk's office and hallway to the judges’ chambers." [33-1] at 4. According to Sheriff Peterson, the courthouses in both the First and Second Judicial Districts of Harrison County "are antiquated and their physical characteristics make security challenging." Id.
Individuals may enter the courthouse from a number of entrances on the first floor and may conduct their business on that level without passing through a screening checkpoint. The first floor of the Harrison County Courthouse consists of the following: Chancery Clerk's office, Land Records, Passport office, Tax Collector's office, Veterans Affairs office, and the Harrison County Board of Supervisors’ offices. The second floor of the Harrison County Courthouse consists of the Circuit Clerk's office, the law library, and the areas described in Sheriff Peterson's affidavit such as courtrooms, witness rooms, and hallways to judges’ chambers. Since there are areas on the second floor where guns and other weapons are prohibited, individuals who wish to go to the second floor must go through a security checkpoint at the bottom of the stairway. [33-1] at 1. In addition to private security officers provided by the Harrison County Sheriff's Department to conduct screenings, the Harrison County Sheriff's Department has added some of its own deputies to assist with checkpoint screenings in the last few years. Id. at 2.
By order of the judges of Harrison County on March 20, 2012, courtrooms and the areas where guns are prohibited in the courthouse were defined. Sheriff Peterson was instructed to implement electronic screening procedures to enforce the order. [33-1] at 2. On August 15, 2018, the judges of Harrison County entered a subsequent order further defining the accessible areas in and around the courtrooms which prohibited the possession of guns in those areas. Id. Sheriff Peterson was again directed to implement electronic screening procedures at the Harrison County courthouses and to enforce compliance with the court's order. Id. A notice was posted at the security checkpoints advising persons entering the courthouse that knives and other weapons, including legally permitted firearms, were not allowed beyond the checkpoints. Id.
In mid-2019, Sheriff Peterson implemented "a policy that would require enhanced carry licensees to sign a sign-in log at the security checkpoint to ensure their business in the courthouse was not in a prohibited area or the courtrooms." [33-1] at 3. In addition, after a "check to confirm the special license was valid and not expired, suspended or revoked," the "enhanced carry licensee was permitted beyond the security checkpoint to conduct business in authorized offices located on the second floors while in possession of a gun." Id. These policies continue to be in place at the Harrison County courthouses. According to Sheriff Peterson, an individual with a valid enhanced concealed carry permit has never been denied access to the courthouse or detained in any manner. Id. at 4. Sheriff Peterson implemented the policies in an effort to ensure the safety and security of both the Harrison County residents who have business in the courthouse and the employees who work there. Id. Understanding that there are some individuals who are not allowed to have guns in the courthouse, and there are others who are not even allowed to possess a gun, Sheriff Peterson testified that:
[i]t is my job to ensure a policy that takes all of these factors into consideration along with the general safety concerns of our antiquated courthouses and a reasonable plan to ensure all enhanced concealed carry licenses are current, valid and not suspended or revoked. I've done that with the fixed security checkpoint located prior to entry into areas where the District Attorneys Office, judges chambers, court staff, county offices, law enforcement offices, detention facilities, courtrooms, and witness rooms are located. This security checkpoint further ensures the necessary screening as ordered by the Judges and is as convenient of a location possible for those persons needing to get to the second floor for business or court.
According to Captain Odis Easterling, the former Captain over the Firearm Permit Division of the Mississippi Department of Public Safety, there are a number of eligibility requirements which must be met by a person before being allowed to carry a concealed pistol. [33-6] at 2. A concealed carry permit, which is valid for five (5) years from the date of issuance, may be suspended or revoked after issuance if any of the eligibility requirements are no longer met. Id. For example, a previously valid permit can be revoked for criminal acts, habitual drug and alcohol abuse, and mental illness occurring since the issuance of the license. Id. Persons with enhanced concealed carry permits "are authorized to carry weapons in courthouses, except in courtrooms, during a judicial proceeding; places of nuisance; any police, sheriff or highway patrol station or any detention facility, prison or jail." [33-6] at 3. Persons who only possess permits to carry a concealed firearm may not carry their firearm into a courthouse. Id. An automated listing of concealed carry and enhanced carry license holders is available at all times to law enforcement agencies through the Mississippi Crime Information Center. Id.
In his Complaint, Clifford describes instances on October 9, 2019, and September 10, 2020, in which he was "unlawfully detained when trying to enter the courthouse for lawful business." [1] at ¶¶ 9, 31. In his deposition, Clifford testified there were a total of five (5) instances. With the exception of his visit on September 10, 2020, the process of entering the courthouse and going through the security checkpoint and license validation procedure took between ten (10) and fifteen (15) minutes. Clifford asserts that the entire process took twenty-seven (27) minutes on his visit to the...
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