The city of Columbus is arguing that police officers involved in the 2022 death of Michael Guyton are not responsible and cannot be held liable for it due to qualified and sovereign immunity.
In a response filed in July in federal court in the Northern District of Mississippi, attorney H. David Clark III, of Jackson-based law firm Phelps Dunbar LLP, who is representing the city, argues the city and police officers may not be sued for Guyton’s death, even though it happened while he was in police custody.
Guyton, 56, of St. Cloud, Florida, was arrested on Feb. 3, 2022, at Glenn’s BBQ in East Columbus. According to the complaint filed in May by Lexington-based lawyer Marc Boutwell on behalf of Guyton’s family, he was trying to de-escalate a confrontation between his elderly mother and then-Columbus Police Department officer Jameson Holder.
According to the family’s complaint, about 15 minutes after Guyton’s arrest, he began complaining of “severe neck, back and shoulder/arm pain.” He allegedly told officers he had been to a neurologist’s office that day, and he needed medical attention.
The lawsuit alleges officers ignored his requests for medical attention for 36 minutes. Guyton became unresponsive in the back of officer Rodreuiz Porter’s patrol car while being taken to the Lowndes County Adult Detention Center, and died.
The family sued Porter, Holder, then-police chief Fred Shelton and the city of Columbus over the death.
Clark argues the city bears no responsibility.
“(Guyton’s) alleged injuries nor the alleged deprivations of his constitutional rights occurred through, nor were they caused by, an established policy or custom of the city of Columbus,” Clark wrote. “Therefore there is no municipal liability under federal law.”
State law shields the city and its employees from lawsuits, Clark wrote.
Under Mississippi law the state and its political subdivisions “… are not now, have never been and shall not be liable, and are, always have been and shall continue to be immune from suit at law.”
The officers bear no responsibility for Guyton’s plight, Clark writes.
“(They) acted in good faith at all times in their conduct toward (Guyton),” Clark wrote.
Clark also argues the officers are shielded from liability by qualified immunity, as well as course-and-scope-immunity.
The doctrine of qualified immunity protects officials, including law enforcement officers, from individual liability unless they violated a clearly established constitutional right. Qualified immunity is generally available if the right a government official violated is not one clearly set out in case law or the constitution.
Hall also argues that the officers — and the city itself — are further shielded from liability by sovereign immunity, which is a legal concept that prevents the government from being sued unless it first gives its consent.
Clark argues state law bars the plaintiffs from getting punitive damages because they are suing a government entity.
The Mississippi Tort Claims act doesn’t allow citizens to sue government employees acting within the scope of their employment. Since Porter and Holder were acting in their capacity as police officers at the time Guyton died, the law protects them from paying punitive damages.
Finally, Clark asks the court to dismiss the lawsuit and force Guyton’s family to pay the court costs and fees.
No trial date has been set.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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