Batesville, MS Police Brutality

Published On December 30, 2011 | By CopBlock | Articles

This came out in the paper today and has been the talk of the town of these two cops who obviously don’t respect people’s rights.

A suit was filed in federal court Wednesday against the City of Batesville, BPD officer Greg Jones and Sgt. Shawn Dalton by parents of a minor who was apprehended Halloween night after curfew hours and in possession of toilet paper.
Plaintiffs Sally and Stacy Simmerman are seeking a jury trial, that a Halloween curfew be declared unconstitutional and unenforceable, compensatory damages for their minor son and reasonable attorney fees and expenses.

Ron Lewis of Oxford is the attorney for the Simmermans.
Court documents state that the Simmermans’ son, his girlfriend and her mother as well as another group were at Walgreen’s purchasing toilet paper “. . . in preparation for a Halloween prank on one of (the group’s) cousins.”

When two members of the group returned to the cars with toilet paper an officer approached the Simmerman minor asking if he was “deaf” for not responding to the policeman.
The minor was handcuffed and taken into custody according to the document which noted that the juvenile was being apprehended for not coming when the officer summoned him.

Although the parent of his friend would later ask to take the minor home, the policemen refused, the court document states.
The Simmerman minor was then taken to the police station according to the document which claims Dalton did not put a seat belt around him and then drove erratically to the police department.

The suit also claims that the minor’s cellphone contents were searched while at the police station before his parents arrived.
The document claims that the curfew was not properly created therefore void and questions why, when there were seven children in the parking lot, only one was apprehended. The suit cites erroneous procedures when the curfew law was adopted.

The suit also claims physical damage and continued suffering by the minor.
Additonal claims include that the city as well as officer Jones are liable for wrongful arrest and detention, and Dalton is liable for use of “ . . . unnecesary, unjustified excessive force, false imprisonment and unlawful warrantless search of the contents of his cell phone.”

The complaint filed in federal court in Oxford reflects only one side of the incident and attorney Colmon Mitchell who represents the City of Batesville said last week the matter had been turned over to the city’s insurance company who would handle the claim.

– Anonymous

Like this Article? Share it!

About The Author

When you see "CopBlock" as the author it means it was submitted via our contact tab - see top of page. Anyone can share their police related story with CopBlock.org via this tab, we thank you in advance.
  • johnney

    Another filthy pig

  • David

    I don’t doubt this happened at all, but I think some sources ought to be cited.

  • Tanya

    Good thing he wasn’t actually deaf – he may have been tased or worse!

  • Chris Mallory

    Sadly, the courts have been ruling that cell phones can be searched without a warrant, if they are in an “area of control” of the person being arrested.
    http://articles.cnn.com/2011-05-31/tech/warrantless.phone.searches_1_cell-phone-police-search-warrant-requirement?_s=PM:TECH

    http://www.thenewspaper.com/news/34/3458.asp

    http://www.wired.com/threatlevel/2011/10/warrantless-phone-searches/

  • Kaz

    This is 100% real I looked up the court case http://dockets.justia.com/docket/mississippi/msndce/3:2011cv00154/32628/
    I am happy to see that these people were smart enough to get a lawyer and request a jury trial! I really hope they don’t settle out of court if they do then these officers will probably never get punished for the wrongs they have committed! Some people are just out there to make a quick buck. Only time will tell on this case.

  • Mike Suttles

    Maybe it’s time for the insurance companies to start denying the claims, and make the little men in uniform pay up.

  • VYPER

    Insurance covers the department and not the individual officer. When a court awards actual damages the insurance pays the tab but anything awarded as Punitive damages is payed by the officer which is why most officers carry their own liability insurance.

  • t.

    Remember, just because a lawsuit is filed doesn’t mean what is alledged is true. And unfortunately in the times in which we live, a lot of towns and cities and insurance companies find it far cheaper to pay off on even the most ridiculous lawsuits. That’s why you see complainants ‘winning and nothing done to the officer. It’s just cheaper. Trying to save the taxpayers their money.