A federal judge this week threw out a lawsuit, filed by the sister of Roosevelt Pernell Jr., against the city of Columbus, officers with the Columbus Police Department and the Lowndes County Sheriff”s Office.
Deborah Simmons, of Michigan, filed a civil suit against the city and CPD, specifically officers Rick Jones and Heath Beard, in U.S. District Court, alleging her brother, Pernell, was physically assaulted by the officers upon his 2007 arrest for public drunkenness and later denied medical treatment, which subsequently led to his death.
Simmons later admitted Pernell was not assaulted by the officers, according to a press release from the city of Columbus.
Tuesday, the case was dismissed by Judge Glenn Davidson, senior judge for the northern court of Mississippi, who noted, “There is nothing in the record which reflects that Pernell had injuries that were more serious than his swollen jaw and eye, nor is there any evidence in the record which would alert the officers that Pernell had a brain bleed, which would eventually cause his death.”
According to court documents, residents of Chanticleer Apartments in Columbus called 911 early in the morning of Feb. 21 to report “a heavily intoxicated man” yelling and banging on residents” doors, attempting to gain access to the apartments.
A resident stated Pernell had fallen “face first on the concrete floor” before officers found him, smelling of alcohol and with slurred speech, sitting on steps at the apartment complex.
Records presented before the court showed Pernell, who died in the Lowndes County Adult Detention Center, refused medical treatment several times.
Regarding the allegations of denial of medical care, the judge”s ruling noted, “the Court is of the opinion that there is nothing in the record that shows that the officers refused to treat (Pernell), ignored his complaints (or) treated him incorrectly.”
Cocaine and Ecstasy later were detected in Pernell, which the court noted, “could have and almost assuredly contributed to and intensified his intoxicated symptoms.”
And court records noted Simmons, in her deposition, acknowledged Pernell”s death “was not caused by the bruised jaw or swollen eye that the Columbus police officers could see.”
The ruling also concluded, “The court finds defendants” actions in arresting Pernell and transporting him to LCADC were objectively reasonable in light of clearly established law and the circumstances known to them at the time.”
Last year, the Clay County Sheriff”s Department made an arrest in the 2003 shooting death of Pernell”s son, Roosevelt “Squirt” Pernell III.
Robert Rupert, 39, was charged with capital murder in the murder-for-hire hit. Pernell III, a police informant, was killed with a sniper rifle; Rupert is scheduled to face trial in the July session of Clay County Circuit Court.
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