Jones v. Gammage
| Decision Date | 01 February 2023 |
| Docket Number | Civil Action 4:20-CV-220-SA-JMV |
| Parties | RIKA JONES, As Administratrix of the Estate of ROBERT LOGGINS; RIKA JONES, Individually and on Behalf of the Wrongful Death Beneficiaries of ROBERT LOGGINS, Deceased; and RIKA JONES, As Mother and Next Friend of R.D.L., a Minor PLAINTIFFS v. JUSTIN GAMMAGE, REGGIE WOODALL, EDWIN MERRIMAN, MICHAEL JONES, and ALBERT DEANA TILLEY, In Their Individual Capacities; CITY OF GRENADA; MOBILE MEDIC AMBULANCE SERVICE, INC. D/B/A AMR and AMERICAN MEDICAL RESPONSE; JOHN WATSON; JENNIFER HOWELL; and CORRECTIONS MANAGEMENT SERVICES, INC. DEFENDANTS |
| Court | U.S. District Court — Northern District of Mississippi |
This civil action stems from the November 29, 2018 death of Robert Loggins, which occurred in Grenada, Mississippi. On December 31, 2020, Rika Jones, individually and on behalf of Loggins' wrongful death beneficiaries and in her capacity as mother and next friend of R.D.L. (a minor) (collectively “the Plaintiffs”), brought suit against the City of Grenada; numerous Officers of the Grenada Police Department; American Medical Response (“AMR”) and two of its employees (John Watson and Jennifer Howell); and Corrections Management Services, Inc. (the company responsible for administering and managing the Grenada County Jail and its employees at the time of the underlying events). After obtaining leave of Court, on March 3, 2022, the Plaintiffs filed their Fourth Amended Complaint [102], which is now the operative complaint. The Defendants filed various Motions [109, 111, 129], raising defenses and seeking dismissal of the respective claims asserted against them. The Plaintiffs filed a Motion to Strike [121] an exhibit attached to one of those Motions. Each of these Motions [109 111, 121, 129] has been fully briefed and is ripe for review.
The events pertinent to this case began in the early morning hours of November 29, 2018. At approximately 5:00 that morning, the Grenada Police Department received a disturbance call concerning an individual yelling for help in a residential area. The caller stated: [115], Ex. 1 at 0:05-0:17. The following Officers of the Grenada Police Department were dispatched to the area: Captain Justin Gammage, Sergeant Reggie Woodall Corporal Edwin Merriman, Patrolman Michael Jones, and Patrolman Albert Tilley.[1]
Corporal Merriman, Patrolman Jones, and Patrolman Tilley were the first Officers on the scene. Although Sergeant Woodall was a little later arriving at the scene, the Officers can be heard communicating with each other via radio on the video from both body cameras. As it was dark and there were fences and high vegetation in the area, it took the Officers some time to find the individual causing the disturbance. Ultimately they located an individual lying face down with his hands tucked underneath him in tall vegetation. That individual was Robert Loggins. Loggins was, at that time, located in a backyard on the opposite side of a wooden fence from where the Officers were located.
On the footage from Corporal Merriman's body camera, Patrolman Tilley can be heard identifying himself as being with the Grenada Police Department and telling Loggins: “We're here to talk to you . . . trying to make sure you're okay.” [111], Ex. 7 at 0:50-1:09.[2] One of the Officers- presumably Patrolman Tilley-can be heard on Corporal Merriman's radio saying that Loggins was “on something” around 90 seconds after making contact with Loggins. Id. at 2:15-2:19.
As Sergeant Woodall approached the backyard, one of the Officers can be heard telling Loggins to “stand up.” [111], Ex. 6 at 11:25. Captain Gammage then asked Loggins repeatedly to show his hands. Id. at 11:25-11:45. Loggins did not comply and asked, “Why?” Id. at 11:43. Sergeant Woodall then tased him, and Loggins grunted as if in pain. Id. at 11:45.[3] After the Officers continued to direct Loggins to show his hands and Loggins continually refused to comply, Sergeant Woodall tased Loggins again-approximately 15 to 20 seconds after the first taser strike. Id. at 12:02. The Officers then directed Loggins to show his hands and to “turn over,” stating that if he did not comply he was “going to get it again.” Id. at 12:10-12:16. Loggins asked, “you gonna kill me?” Id. at 12:18.
The Officers attempted to grab Loggins' arm a few seconds later. Id. at 12:25. Sergeant Woodall engaged the taser several more times. Id. at 12:25-13:00. Loggins groaned as if to indicate he was in pain. Id. During this encounter, Patrolman Tilley can be briefly heard yelling in pain. Id. Although it cannot be seen on the video, Patrolman Tilley later stated to Mississippi Bureau of Investigation (“MBI”) Agent Mark Steed that Loggins bit him. See [115], Ex. 11 at p. 6.[4] The Officers continued to tase Loggins, but he did not comply with their commands that he show his hands. [111], Ex. 6 at 12:40-12:55. Instead, Loggins remained face down in the tall vegetation, yelling “my soul belongs to Jesus Christ.” Id. at 13:00. An Officer responded, “your ass belongs to us now.” Id. at 13:03. Captain Gammage then took Patrolman Tilley's taser and drive stunned Loggins in his right arm continuously for several seconds. Id. at 13:05-13:38.
When Loggins still did not comply, Sergeant Woodall stated that he would do it “the old fashioned way” and that he is “sho' sho' gonna hate it.” Id. at 13:41-13:46. The Officers then grabbed Loggins, and, according to the Plaintiffs, Sergeant Woodall, utilizing his flashlight, beat Loggins' arm and elbow “approximately nine times.” Id. at 14:00-14:30; [120] at p. 6. The alleged strikes to Loggins' arm and elbow are not visible on the video (and Sergeant Woodall denies that he struck Loggins with his flashlight), but the sounds on the video are consistent with strikes to the body. The Officers continued to tell Loggins to place his hands behind his back throughout this time, all the while Loggins continued yelling incoherently. After further struggle trying to force Loggins' compliance, Sergeant Woodall again engaged the taser on Loggins in drive stun mode. [111], Ex. 6 at 15:33. The Officers handcuffed Loggins a few seconds later. Id. at 16:05. Before finally handcuffing Loggins, one of the Officers audibly stated, “he's on something.” Id. at 15:4015:43.
From the time Sergeant Woodall first tased Loggins until the Officers were ultimately able to handcuff him, a total of slightly more than four minutes lapsed.
After placing the handcuffs on him, the Officers told Loggins “get your ass up” and got him up on his feet. Id. at 16:00-16:20. Loggins continued to yell incoherently throughout this time. Id. The Officers walked Loggins to a nearby carport so that he could be checked by medical responders on the scene-in particular, these individuals were John Watson and Jennifer Howell, EMTs who were employees of AMR. Loggins still continued to speak incoherently.
After briefly observing Loggins, Watson told the Officers: “We ain't got nothing to reverse what he's on.” Id. at 19:20-19:22. Following the short stint in the carport, the Officers took Loggins toward Patrolman Jones' patrol car, which was located only a short distance away. Id. at 21:00. For a short moment while everyone was gathered in a driveway near the patrol car, Sergeant Woodall's body camera points toward Loggins, who was lying in the driveway face down with his pants around his ankles and various Officers and medical personnel surrounding him. Id. at 21:25- 21:45. The Officers then forced Loggins into Patrolman Jones' patrol car. Id. at 23:20-23:30. Sergeant Woodall directed the Officers to “try to sit him up” and Patrolman Jones yelled at Loggins: Id. at 23:30-23:38. Sergeant Woodall then told Patrolman Jones to “drive fast, move hard.” Id. at 23:45. Loggins then left the scene in the back of Patrolman Jones' patrol car. Id. at 24:10. The total time between the first taser strike and Loggins leaving the scene in Patrolman Jones' patrol car was approximately thirteen minutes.
Patrolman Jones took Loggins to the Grenada County Jail. There are multiple videos from the Jail, one of which is a 1:59 video (without audio) from a camera located at the sally port where Patrolman Jones parked the patrol car. See [115], Ex. 5. After arriving at the sally port, Patrolman Jones pulled Loggins out of the back of the car and placed him on the ground. Loggins remained handcuffed and made no movement of any significance on his own. Two jailers (who were CMS employees) then picked him up (one on each end of Loggins' body) and carried him into the Jail.
At the end of the sally port video, Loggins and the jailers are out of sight. Loggins can next be seen on a video from a camera positioned in the booking room of the Jail. See [115], Ex. 6.[5] The two jailers, with the assistance of Patrolman Jones, carried Loggins into the booking room and placed him face down on the floor with his hands cuffed behind his back. Id. at 00:01-00:15. Patrolman Jones, Patrolman Tilley, and Corporal Merriman then stood around Loggins. Sergeant Edna Clark, who worked for CMS as a shift supervisor at the Jail, then assessed Loggins, who was rocking from side to side while remaining face down. According to Clark, she told the Officers at this time that, considering Loggins' condition, she would not accept him at the Jail but that they should take him to the hospital.[6] In her statement to MBI, Clark said that Loggins had “blood coming from his mouth” and that his pants were down to his knees. [115], Ex. 15 at p. 2. The video is not...
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