Case 3:18-mc HTW-LRA Document 1 Filed 05/21/18 Page 1 of 5

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION V. CAUSE NO.: COMPLAINT (JURY TRIAL DEMANDED)

Case 3:12-cv HTW-LRA Document 39 Filed 07/05/12 Page 1 of 5

FILED: ERIE COUNTY CLERK 09/27/ :06 AM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2018

Case 3:17-cv Document 1 Filed 12/19/17 Page 1 of 9

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI. SAMUEL M. BROTHERS and LORA BROTHERS

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION

FILED: NEW YORK COUNTY CLERK 11/13/ :32 PM INDEX NO /2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/13/2017

Case 3:10-cv HTW-MTP Document 88 Filed 05/25/16 Page 1 of 8

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI FIRST JUDICIAL DISTRICT. ) Civil No CIV. Defendants )

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

Case 4:05-cv Y Document 86 Filed 04/30/07 Page 1 of 7 PageID 789 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

IN THE SUPREME COURT OF MISSISSIPPI. ARTHUR GERALD HUDSON and LINDA S. HUDSON APPELLANTS. v. Cause No CA LOWE S HOME CENTERS, INC.

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

WAIVER OF APPOINTMENT OF GUARDIAN AD LITEM. I,, the Respondent in. give up my right to have this Court appoint a Guardian Ad Litem

3:13-cv JFA Date Filed 04/04/13 Entry Number 4 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Case 3:16-cv DPJ-FKB Document 9 Filed 10/24/16 Page 1 of 11

PETITION FOR REHEARING

FILED: NEW YORK COUNTY CLERK 03/19/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 03/19/2018

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION CIVIL ACTION NO.

IN THE SUPREME COURT OF MISSISSIPPI CASE NO IA SCT

rdd Doc 79 Filed 06/13/17 Entered 06/13/17 09:06:30 Main Document Pg 1 of 3 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO.2015-CA-00903

IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT DEFEENDANT-APPELLEE S UNOPPOSED MOTION FOR AN EXTENSION OF TIME

Case 3:16-cv WHB-JCG Document 4 Filed 05/31/16 Page 1 of 8

PETITION FOR WRIT OF CERTIORARI

Plaintiff, ...

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY

SUPREME COURT OF FLORIDA. CASE NO. SCl3-1934

Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA COMPLAINT

FILED: KINGS COUNTY CLERK 03/28/ :51 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/28/2017

FILED: QUEENS COUNTY CLERK 08/14/ :01 PM INDEX NO /2017 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 08/14/2018

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

FILED: BRONX COUNTY CLERK 01/26/ :43 AM INDEX NO /2018E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/26/2018

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION. v. CASE NO. 4:07CV-402-SPM/WCS

FILED: NEW YORK COUNTY CLERK 04/15/ :21 PM INDEX NO /2014 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/15/2016

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. CIVIL ACTION NO. 1:08cv600-HSO-LRA

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FL0RIDA

FILED: NEW YORK COUNTY CLERK 12/03/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/03/2013

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI V KA COA STATE OF MISSISSIPPI MOTION FOR REHEARING

Case 2:13-cv MEF-CSC Document 9 Filed 11/12/13 Page 1 of 11

Case MS Doc 29 Filed 08/27/10 Entered 08/27/10 15:40:30 Desc Main Document Page 1 of 2

IN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI. Case No. Division

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

Medical Record Discovery Issues in the Motor Vehicle Case

MOTION TO MODIFY ORDER. Respondents Linda H. Lamone, the State Administrator of Elections, and the State

IN THE DISTRICT COURT FOR OKLAHOMA COUNTY::U1 STATE OF OKLAHOMA MOTION AND SUPPORTING BRIEF FOR PERMISSION TO TELEVISE COURT PROCEEDINGS

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CA COA WINN-DIXIE MONTGOMERY, LLC

IN THE COURT OF APPEALS FOR THE STATE OF MISSISSIPPI. v. NO CA COA R.M. SMITH INVESTMENTS, L.P.

IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

PART III Discovery CHAPTER 8. Overview of the Discovery Process KEY POINTS THE NATURE OF DISCOVERY THE EXTENT OF ALLOWABLE DISCOVERY

V. CASE NO CA-00669

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Gonzalez v Schlau 2011 NY Slip Op 31048(U) April 12, 2011 Supreme Court, Queens County Docket Number: 8960/2009 Judge: Robert J. McDonald Republished

IN THE SUPREME COURT OF MISSISSIPPI NO CT SCT WILLIAM MICHAEL JORDAN STATE OF MISSISSIPPI SUPPLEMENTAL BRIEF OF APPELLANT

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

FILED: NEW YORK COUNTY CLERK 08/11/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/11/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

E-Filed Document Dec :19: CA Pages: 17

Case 1:12-cv JAL Document 93 Entered on FLSD Docket 02/19/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

FILED: RICHMOND COUNTY CLERK 12/22/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 12/22/2017

Case 3:17-mc G Document 1 Filed 03/06/17 Page 1 of 5 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 2:13-cv MEF-TFM Document 10 Filed 11/12/13 Page 1 of 12

FILED: NEW YORK COUNTY CLERK 02/29/ :27 PM INDEX NO /2015 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/29/2016

Case 3:16-cv DPJ-FKB Document 43 Filed 04/13/17 Page 1 of 2

Case BLS Doc 426 Filed 10/13/16 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Circuit Court for Baltimore City Case No IN THE COURT OF SPECIAL APPEALS

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI LOWE S HOME CENTER, INC. BRIEF OF APPELLANT ORAL ARGUMENT REQUESTED

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

Courthouse News Service

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Exhibit FILED: KINGS COUNTY _ CLERK ;;;;;;;;;; 12/07/2016 -: :44 -. PM INDEX NO /2015

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA. Petitioner, APPEAL CASE NO.: 1D PETITIONER S BRIEF ON JURISDICTION

CIVIL ACTION. Defendant Jeff Carter, by and through his counsel Law Offices of Walter M. Luers, by

IN THE UNITED STATES SUPREME COURT NO

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI 2008-CP STEVEN EASON APPELLANT. On Appeal From the Circuit Court of Greene County, Mississippi

Case DOT Doc 12 Filed 12/12/11 Entered 12/12/11 16:02:14 Desc Main Document Page 1 of 8

Notice of Petition; and, Verified Petition For Warrant Of Removal

BRIEF OF THE APPELLANT

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

Case: 1:13-cv Document #: 19 Filed: 06/13/13 Page 1 of 8 PageID #:901

SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA DEFENDANTS' VERIFIED ANSWER TO PLAINTIFFS' COMPLAINT

FILED: NEW YORK COUNTY CLERK 07/18/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 07/18/2018

Case: LTS Doc#:111 Filed:05/25/17 Entered:05/25/17 13:40:50 Document Page 1 of 6

FILED: NEW YORK COUNTY CLERK 08/15/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/15/2017

Case 1:10-cv EGS Document 44 Filed 03/15/12 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

IN THE MISSISSIPPI COURT OF APPEALS 2015-CA JOSHUA HOWARD Appellant-Defendant v. THE STATE OF MISSISSIPPI, Appellee-Plaintiff

Case: 1:18-cv MPM-DAS Doc #: 1 Filed: 11/03/18 1 of 16 PageID #: 1

PETITION FOR INTERLOCUTORY APPEAL BY PERMISSION

Case 3:12-cv DPJ-FKB Document 189 Filed 03/02/17 Page 1 of 5

THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

FILED: QUEENS COUNTY CLERK 11/04/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/04/2016

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI : : : : : : : : : : : : : : : : :

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

Case 1:14-cv CKK Document 1 Filed 08/22/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription:

Case 3:18-mc-00328-HTW-LRA Document 1 Filed 05/21/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON - NORTHERN DIVISION MINOR CHILD J.B. c/o Lenda Burns Legal Guardian 2215 Redbud Lane Jackson, MS 39212 Civil Action No.: 3:18-mc-328-HTW-LRA Petitioner PETITIONER MINOR CHILD J.B. S, BY AND THRU APPOINTED GUARDIAN, LENDA BURNS, VERIFIED PETITION TO PERPETUATE TESTIMONY COMES NOW the Petitioner, MINOR CHILD, J.B., by and thru his appointed Guardian Lenda Burns ( Petitioner ), by undersigned counsel, hereby petitioning this Court, pursuant to Federal Rule of Civil Procedure 27, for an Order authorizing Plaintiffs to depose a corporate designee of the Jackson Police Department ( JPD ) to prevent a failure or delay in justice, and in support thereof, counsel states as follows upon information and belief: 1. 2. Petitioner is the two year old son of Crystalline Barnes. This Court has subject matter jurisdiction over this matter because it presents a federal question pursuant to 28 U.S.C.A. 1331 and Fed. R. Civ. Pro 27(c). 3. 4. Jane Doe and John Doe are employed as police officers with the JPD. On or about November 15, 2017, Jane Doe, in the scope of her employment, shot and killed a suspect near the intersection of Mayes Street and Lampton Avenue, in Jackson, MS. 5. Upon information and belief, Jane Doe never received appropriate psychological screening or an adequate fitness for duty evaluation prior to resuming Jane Doe s duties as an officer for the JPD after the November 15 shooting. 6. Upon information and belief, Jane Doe is JPD Officer Rakasha Adams.

Case 3:18-mc-00328-HTW-LRA Document 1 Filed 05/21/18 Page 2 of 5 7. Subsequent to the November 15 shooting, on or about January 27, 2018, Officer Adams was on duty near the intersection of Fernwood Drive and Overstreet Avenue in Jackson, MS. 8. Officer Adams began following Crystalline Barnes as Ms. Barnes drove her vehicle. 9. John Doe was also on duty near the intersection of Fernwood Drive and Overstreet Avenue in Jackson, MS. 10. In contrast to the actions of reasonable police officers, Officer Adams and John Doe exited their vehicles and purportedly attempted to initiate a traffic stop of Ms. Barnes. 11. Officer Adams and John Doe positioned themselves nearly perpendicular to Ms. Barnes vehicle. 12. Unjustifiably, Officer Adams and John Doe fired, collectively, approximately eighteen shots through the side doors and back window of Ms. Barnes vehicle as Ms. Barnes drove forward. No gunshots were fired through the front of Ms. Barnes vehicle. 13. 14. Ms. Barnes vehicle collided head on and crashed into a pole. Officer Adams and/or John Doe s gunshots struck Ms. Barnes at least twice: once in the back of the head and once in the back. 15. 16. Ms. Barnes died from her injuries stemming from the January 27 shooting. On or about April 12, 2018, counsel for Petitioner issued a Public Records Request for any and all calls for service and/or incident reports including, but not limited to, any 911 service calls made, audio tapes, calls for service, investigation, body worn camera ( BWC ) audio and/or video footage, reports/documents, documents reflecting remedial measures, memoranda of any kind, fire department records, EMS records, witness reports, investigations and remedial

Case 3:18-mc-00328-HTW-LRA Document 1 Filed 05/21/18 Page 3 of 5 measures or reports, and any video surveillance tape(s), police reports, and statements of probable cause involving police events with regard to [the death of Crystalline Barnes]. 17. Pursuant to the foregoing request, the JPD provided a one-page incident report that does not list the name of either officer involved in shooting Ms. Barnes. 18. On or about April 16, 2018, counsel for Petitioner issued another Public Records Request for the incident report related to, inter alia, [t]he JPD officer-involved shooting that occurred on or about November 15, 2017 at or near Mayes Street and Lampton Avenue. 19. Pursuant to the foregoing request, the JPD provided a one-page incident report that does not contain the name of any police officer involved in the shooting underlying the November 15 shooting. 20. As a result of the January 27 shooting of Ms. Barnes, Petitioner expects to bring an action in the United States District Court for the Southern District of Mississippi Northern Division for claims including, but not limited to, a violation of 42 U.S.C. 1983 (excessive force) and negligent supervision of Jane Doe for JPD s failure to properly provide psychological counseling and fitness for duty evaluations for Jane Doe. 21. The facts that Petitioner seeks to establish through the evidence or testimony perpetuated are the names of Jane Doe and John Doe. 22. Petitioner seeks this evidence in order to file the foregoing claims in this Court against the JPD and the City of Jackson. Petitioner has tried to obtain this information, via a request under the Mississippi Public Records Act. The names of the officers involved in the foregoing shootings were not included in either incident report. 23. The information sought by Petitioner may be used in a later action as described in paragraphs three through fifteen herein.

Case 3:18-mc-00328-HTW-LRA Document 1 Filed 05/21/18 Page 4 of 5 24. The names of the individual officers are necessary for the filing of 42 U.S.C. 1983 - excessive force claims because federal courts in the Fifth Circuit do not allow John Doe pleadings to relate back to a Complaint where a plaintiff alleges he was unable to identify a Defendant. 25. Without the names of the officers, a John Doe Complaint could be dismissed with prejudice, rendering the information unavailable for all practical purposes if it is not secured in advance of the contemplated litigation. A dismissal, solely because Petitioner was unable to identify the appropriate Defendants under these circumstances where all reasonable efforts have been made, would constitute a failure of justice. 26. Delay in the release of this information unnecessarily stalls this litigation, constituting a delay in justice. 27. Petitioner has not brought or been a party to a suit that arises out of the facts that are the subject of this verified petition. 28. Petitioner s interest in the anticipated lawsuit described in paragraphs 21 and 22 herein is that he expects to serve as a Plaintiff. 29. Petitioner anticipates that the Jackson Police Department, the City of Jackson, and Rakasha Adams may each have an adverse interest in the anticipated suit. 30. The Jackson Police Department s address, so far as known, is 327 E Pascagoula St, Jackson, MS 39205. 31. The City of Jackson s address, so far as known, is 219 South President Street, Jackson, MS 39205. 32. Officer Rakasha Adam s address, so far as known, is 327 E Pascagoula St, Jackson, MS 39205.

Case 3:18-mc-00328-HTW-LRA Document 1 Filed 05/21/18 Page 5 of 5 33. The anticipated deponent is the corporate designee of the JPD. The address for the anticipated deponent is 327 E Pascagoula St, Jackson, MS 39205. WHEREFORE, Petitioner, MINOR CHILD J.B., by and thru appointed Guardian, Lenda Burns, respectfully submits this Petition to Perpetuate Testimony Pursuant to Federal Rule of Civil Procedure 27 and ask this Court set this Petition for a hearing to enter an order authorizing Petitioner to depose a corporate designee of the Jackson Police Department regarding the names of officers Jane Doe and John Doe. Respectfully Submitted, TUCKER MOORE GROUP, LLP Carlos E. Moore, MSB# 100685 306 Branscome Drive P.O. Box 1487 Grenada, MS 38902-1487 O: (662) 227-9940 F: (662) 227-9941 carlos@tuckermoorelaw.com Respectfully Submitted, DOWNS COLLINS, P.A. /s/ Jason G. Downs, Esq. Pro Hac Vice Application Submitted With This Petition 20 S. Charles Street, Suite 901 Baltimore, Maryland 21201 O: (410) 462-4529 F: (410) 995-7200 jason@downscollins.com Attorney for Petitioner Dated: 5-21-18