Sunday, May 7, 2017

Sheriff claims he has immunity from lawsuit.

Hinds County Sheriff Victor Mason claims he has "qualified immunity" from a sexual harassment lawsuit since he is a law enforcement officer and is thus protected from "First Amendment" claims.  Former Hinds County Chief Deputy Cheryl Matory and deputy Tomeca Barnes sued the Sheriff in U.S. District Court in January for alleged sexual harassment, sex discrimination, and First Amendment retaliation.  The complaint included quite a few lurid details as his former Chief Deputy charge he tried to use her to arrange sexual encounters with another employee.  Earlier post.


Sheriff Mason argues he is "shielded from claims of civil liability, including Section 1983 claims, by qualified immunity."  The motion claims that the plaintiffs are trying to recover for "free speech retaliation."  The motion's supporting memo states:

Here, Plaintiffs’ First Amended Complaint fails to meet the heightened pleading standard as to their First Amendment Retaliation Claim.  First, as to Ms. Matory, she  has failed to plead facts which demonstrate what “speech” she contends resulted in Sheriff Mason’s retaliating against her. Plaintiffs’ First Amended Complaint does contain a plethora of alleged dialogue between Matory and the Sheriff about Ms. Barnes but Matory fails to provide any substantive allegations of the ”speech” she contends involved a matter of public concern and to whom she published that speech.....
As to Ms. Barnes, the Plaintiff has failed to plead any facts which demonstrate what “speech” she contends resulted in Sheriff Mason’s retaliating against her.  Furthermore, she has failed to plead facts sufficient to establish that any such speech was of a public concern or that it outweighed Sheriff Mason’s interest in promoting efficiency. Finally, she has failed to allege a factual basis sufficient to demonstrate that her “speech” was the motivation for her being moved from her former position in internal affairs.

The short motion is posted below (p.1).  The Sheriff also asked the court to stay all proceedings since he was presenting a qualified immunity defense.  The requested stay would include all discovery. 

Oddly enough, the motion does not mention the sexual harassment or sex discrimination claims that are in the complaint. 

The Sheriff is represented by attorney William Allen of Allen, Allen, Breeland, & Allen of Brookhaven. The response and complaint are posted below.  A third deputy filed a similar lawsuit against the Sheriff.



17 comments:

Anonymous said...

Wow ! Grasping at straws Victor..what an angle your taking..just get ready to write the check, I mean the BOS..

SPOONER FOR SHERIFF.

Anonymous said...

WTF?

Anonymous said...

I didn't think you could claim qualified immunity if you are being accused of directly violating someone's rights.

Anonymous said...

So Paula Jones could not sue Bill Clinton when he was governor? She settled for $850,000. Does she have to give it back?

Anonymous said...

The more time goes on, the more Victor will be exposed for the Dummy he already was..
Wow!

This has become a circus to watch now..

Anonymous said...

There's nothing unusual about this. It's a textbook maneuver in defending any public official -- i.e., kick out whatever you can under qualified immunity (which demands more specific factual pleadings) to narrow the focus of discovery, etc. And then you handle whatever is left on the merits later.

Anonymous said...

Didn't Mason run on a platform that he would own his mistakes when comparing himself to the former Sheriff? So, Hinds County Top Cop is a sexual predator, a violator of female employees civil rights, a liar, and a carbon copy of his predecessor! Congrats Victor just added one more flush in helping Hinds County down the drain. Not totally Victors fault this is what the voters of Hinds County wanted. It's okay Jackson Hinds County is right behind you. So sad.

Anonymous said...

Victor at this point knows he's gone for what he's done to his people thus far. Only another politician telling us what we wanted to hear to get elected.

Who's running next time, they'll have my vote this time.

Anonymous said...

I voted for Tyrone Lewis and now Victor, both with huge egos and both huge disappointments..
We need another McMillan..

Anonymous said...

You people need to get together and find yourselves a eunuch to run for these high PO-Po offices. Word has it there used to be a commune of them somewhere between Utica and Natchez.

Anonymous said...

Did I just hear him say, I'm guilty?

Anonymous said...

Text messages, retaliation, pay decreased and job demotion. Afer he knew he was being sued, Enough said on the evidence..Cut the check. . Next !

Who's running for Sheriff and who's this Spooner???

Anonymous said...

SAD & completely disgusting on so many levels! WTH is wrong with these FOOLS when they get into office??? They are fools I guess from the jump! Folks, what you do WILL come to light, no matter how long it takes! I simply can NOT understand, or either it's just an ego filled with narcissism, how these folk think they are going to abuse their authority and get away with it! To my AA leaders. Do better. You are already under a microscope. Do really really thing you're going to pilfer the coffers and it's all good? I'm so sick of the quality of candidates that run for these positions, until I'm about to stop voting altogether, this past Mayor's election, and this past POTUS election is really irking me some awful! Do better!

Anonymous said...

2:19...Where was your high and mighty ass when the bar was lowered? Your boy Clinton redefined the expectations and acceptable actions of people in public office. And you went along with it and gave him a pass. This resonated throughout the entire political landscape.

If Bill could let his 'willie' loose while in that high office, ain't no reason I can't do it too. There is no longer any behavioral expectation on the part of most voters. Gettin' a little on the side on the job is acceptable for public office holders, preachers and neighborhood agitators. They're really stressed and this is their release valve. Where was your outrage when Clinton did the same or when Frank Melton was cavorting with the boys in the pool?

Kingfish said...

Laaaaawwwwwwwwwddddd..... awww, I can't do it.

Anonymous said...

Get in there, get in there !
Dammit..

Anonymous said...

@ May 8, 2017 at 6:16PM.

I am literally laughing my ass off at your most ignorant response! I'm attacked for showing the least little bit of MORAL character and for the record, you don't f*cking tell me what I accept from anyone! Bill Clinton was just as big a whore as a lot of men in power who ABUSE their power with their perceived narcissistic charm where women are involved. Save it. I'm not moved, it's not humorous, nor am I in the least impressed by your most unintelligent post. Your post is also extremely childish in that, because someone else does something, you should do it too! Ha!! Don't ASSume I accepted a damn thing from Clinton on anyone in office or some level of authority or title that's most highly inappropriate. Yeah, now that I've said all I'll say to the likes of you, let me take my high and MIGHTY ass to my favorite store, and shop until I drop. Be gone.

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


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Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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