Text of the Ameded lawsuit in Jessie Lee Williams case: Black Man Hogtied & Beaten to Death at Mississippi Jail

The following is the text of the amended lawsuit filed in U.S. District Court by the state of Jessie Lee Williams:

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

THE ESTATE OF JESSIE LEE WILLIAMS, JR., DECEASED, BY AND THROUGH HIS NEXT FRIEND AND LEGAL REPRESENTATIVE,

TERRY WILLIAMS, ADMINISTRATOR OF THE ESTATE OF JESSIE LEE WILLIAMS, JR.

PLAINTIFF

VS. CIVIL ACTION NO.: 1:06cv196LG-RHW

HARRISON COUNTY, MISSISSIPPI, by and through its Board of Supervisors, HARRISON COUNTY SHERIFF DEPARTMENT, SHERIFF GEORGE PAYNE, officially and in his individual capacity, DIRECTOR OF CORRECTIONS MAJOR DIANNE GASTON-RILEY, officially and in her individual capacity, BOOKING SUPERVISOR CAPTAIN RICK GASTON, officially and in his individual capacity, TRAINING DIRECTOR

CAPTAIN PHIL TAYLOR, officially and in his individual capacity, CENTRAL CONTROL OFFICER LEAH RICHARDSON, officially and in her individual capacity, BOOKING ROOM DEPUTY LEO DEGEORGE, officially and in his individual capacity, BOOKING ROOM DEPUTY

EVAN HUBBARD, officially and in his individual capacity, MEDICAL ADMINISTRATOR PAT OLSON, officially and in his individual capacity, DEPUTY REGINA RHODES, officially and in her individual capacity, DEPUTY MORGAN THOMPSON, officially and in his individual capacity, RYAN TEEL, in his official and individual capacity, DEPUTY JEREMY MOONEYHAM, in his official and individual capacity, AMERICAN CORRECTIONAL ASSOCIATION, HEALTH ASSURANCE LLC and THE CITY OF GULFPORT, MISSISSIPPI, KELLY KNIGHT, in her official and individual capacity, OTHER UNKNOWN JOHN and JANE DOES A-Z, also in their official and individual capacities

DEFENDANTS

FIRST AMENDED COMPLAINT

(THE PLAINTIFF DEMANDS A TRIAL BY JURY)

COMES NOW, the Plaintiff, the Estate of Jessie Lee Williams, Jr., Deceased, by and through his next friend and legal representative, Terry Williams, the Administrator of the Estate of Jessie Lee Williams, Jr., in the above styled and numbered civil action, by and through his counsel of record, Michael W. Crosby, who files this his Complaint against the aforementioned Defendants. In support of the same, the Plaintiff states, avers and gives notice of the following:

PRELIMINARY STATEMENT

1. This is a Federal Civil Rights action brought as a result of what the Plaintiff believes was a blatant violation of, inter alia, the federal civil, constitutional and human rights of the Deceased, Jessie Lee Williams, Jr., who while in the custody of the Harrison County Sheriff Department on February 4, 2006, was beaten so severely that he was later rushed to the emergency room at the Memorial Hospital at Gulfport. As a direct and proximate consequence of the injuries the Deceased received at the hands of certain Harrison County Deputies, he later died on February 6, 2006. It is alleged that the Deceased's rights under certain federal statutes, to include 42 U.S.C. Sections 1983, 1985, and 1986, together with certain rights under the Constitutions of the United States of America and the State of Mississippi were violated. Jessie Lee Williams, Jr., is survived by six children. It is on behalf of the Estate of Jessie Lee Williams, Jr., and the beneficiaries thereto, i.e., his children, that the Administrator of the Estate, Mr. Terry Williams, file this action and prays for the relief set forth in the following paragraphs.

STATEMENT OF THE FACTS

2. Prior to February 4, 2006, years and months, arrested individuals in the booking room were subjected to unnecessary and unreasonable violence at the hands of various deputies. The abuse, for the most part, was directed at and exploded upon those who failed to obey in the exact manner that the booking deputies thought that they should act. The abuse began to intensify as the fatal day for Jessie Lee Williams, Jr. approached. For instance, on August 25, 2005, a Caucasian man arrested for Public Drunk was taken into the shower room by an African-American male booking officer, and when the arrestee did not comply as fast as the officer thought he should, the officer, with his black leather gloves punched the arrestee in the face, and broke his jaw on both sides. A written complaint was file, but no disciplinary action was taken.

3. Further, on October 3, 2005, when an Hispanic man had difficulty understanding a command to put his shoes on the counter, his inability to understand English was simply assumed to be a failure to comply - resulting in a severe beating involving punching, kicking, until an outside office arriving with another arrestee yelled, "Hey, did it ever occur to you that he might not be able to speak English." The booking officer stopped the beating, and with one hand, picked the Hispanic male up by the back of the collar, walked over to a holding cell and threw him inside.

4. One of the two men already in the cell made the mistake of saying, "I wish you would try to do that to me," at which time the large guard held one finger up and said, "I'll be right back." The booking deputy walked over to the location they kept their black leather gloves, put them on, and with the aid of another booking officer, went back to the cell and retrieved the man who smarted off to him and proceeded to beat to the ground and kick in the head and face the Caucasian male. While kicking and beating, the booking officers continued to yell, "quit resisting," and the Caucasian male continued to beg and state "I'm not resisting."

5. Other abuse involved ordering arrestees into the shower/dressing room which had no cameras, the booking guards striking the arrestees, and inciting them to fight them and then step out to the view of the camera where the booking guards would use the typically much smaller arrestees defending themselves which the booking officers would use as their justification to beat them without mercy.

6. Such action took place against all races and both genders. Injuries included many black eyes, broken bones, injured muscles, concussions, and psychological damage beyond description. The worse case of documented abuse known by this attorney, which was committed by the Ryan Teel less than 30 days prior to the homicide of Jessie Williams took place on January 7, 2006, when an intoxicated African American male made the tragic mistake of looking into the female holding cell, which brought down upon him the sadistic wrath of the booking officers who beat, and kicked this man.

7. This man was put into the restraining chair a/k/a devil's chair and Teel requested a spit sack. Instead of a spit sack, a sheet was given to Teel who tightly wrapped the sheet around the man's head so tight that one could easily see his facial features. Ryan Teel then obtained water which he began to pour through the opening in the sheet - causing much pain and terror in the restrained man. A complaint was filed in due course, and the administration was specifically warned if someone did not do something about Deputy Teel, someone was going to die. They were correct.

8. On February 4, 2006 Jessie Lee Williams, Jr. was arrested by the Gulfport Police Department and charged with misdemeanors. He was speaking loudly and protesting his innocence. Prior to his arrival at the Harrison County Adult Detention Facility, the Gulfport officer called in and informed the booking officers that we have a "live one" coming in. Ryan Teel stated, "it's about time we got some action around here," and he and Regina Rhodes put on their black leather gloves.

9. They met Jessie at the door, but Jessie was behaving properly, and not in a manner expected by the booking officers. He was told to stand up against the wall next to a man he was brought in with and next to two Hispanic males. Jessie stepped away from the wall and Teel marched over to him and slammed Jessie into the wall - very hard. Jessie protested, and eventually stepped about a foot away from the wall again, at which time, Regina Rhodes, stomped over to him and slammed him into the wall. Jessie proclaimed, that they were wrong for that, that you shouldn't hit a man in hand cuffs, and if they wanted to fight, they should take the handcuffs off and fight fair - one on one. Ryan Teel said I'll give you that opportunity in a few minutes when I finish my paperwork.

10. Teel did finish his paperwork, and then he called Jessie to the counter. Teel took off the cuffs and told him to put his hands on the counter. He did. Teel then asked, "so what is this about you wanting some one on one?" Jessie said something which the witnesses couldn't understand, but it appeared that he was backing down to Teel. Teel then said, put you shoes on the counter. Jessie bent down to get his shoe and Teel kicked him in the chest. Jessie went back some, but never raised up. Teel again ordered, "put your shoe on the counter." Jessie reached for his shoe when Teel slapped him very hard in the head. Jessie charged Teel and took Teel down to the ground.

11. Numerous booking officers grabbed Jessie and pulled him off of Teel. Jessie was standing up right when Teel took out his taser and shot Jessie in the back. Jessie went to the ground. Teel put the taser numerous times to Jessie's back and back side burning holes in his flesh. Numerous guards started kicking and hitting Jessie. Jessie was screaming, "alright, I give." Teel dropped on Jessie's neck and head with his knees, raised up and then dropped on his head again - repeatedly. Regina Rhodes got on his legs and continued to punch and beat Jessie. Teel started to punch and hammer slammed Jessie in the head repeatedly with his fists. They hog-tied Jessie, hands to feet. Blood was pouring from Jessie's mouth and Regina Rhodes stated, "that is crack-head spit - so Teel put a sack on Jessie's head. Regina Rhodes handed Teel a can of pepper spray. Teel sprayed the entire can into the sack. Jessie began thrashing and screaming that he gave up. Rhodes and Teel kicked Jessie more saying, "quit resisting."

12. Then, with one hand, Teel picked Jessie up, carried him like a suitcase, and dropped him to the floor, face first. He then picked him up again, and dropped him face first to the concrete floor again. The booking guards then rolled Jessie up into an elastic fabric (something like a straight jacket) and put him into the restraining chair. While in the chair, Teel choked and beat Jessie over a period of time. Eventually, when Jessie was unable to raise his head, he poured water on his face and said, "oops, don't drown."

13. On the evening of February 4, 2006, there were several other unknown persons present in the booking room. Among them were parol officers assigned to the Harrison County Sheriff Department, one Long Beach Police Department Officer and a Pass Christian Police Officer. Medical personnel assigned to the Harrison County Sheriff Department was also present. Reports say that there were two nurses employed by Health Assurance LLP, a private company that contracts with Harrison County to provide medical services to persons detained at the Harrison County Adult Detention Center. Neither the unknown police officers nor the nurses present sufficiently intervened and stopped the abuse nor did any one provide Jessie with medical assistance when the same was immediately necessary.

PARTIES

14. The Plaintiff is the Estate of Jessie Lee Williams, Jr., Deceased. The suit is brought by its duly appointed Administrator, Terry Williams, the brother of the Deceased. At the time of his death, the Deceased, Jessie Lee Williams, Jr., was a citizen of the United States of America and the State of Mississippi wherein he resided in Harrison County, First Judicial District. The injuries inflicted upon the Deceased were done while he was being held on a misdemeanor charge in the Harrison County Adult Detention Center in Gulfport, Mississippi, while the Center was under the supervision and control of the Defendants, Harrison County and Sheriff George Payne.

15. The Defendant, Harrison County, Mississippi, is a political subdivision of the State of Mississippi and is the entity responsible for the oversight and funding of the Harrison County Sheriff and the Harrison County Sheriff Department. This Defendant may be served with process by effecting the same upon the president of the Board of Supervisors, Ms. Connie Rocko, and/or the Chancery Clerk for Harrison County, Mississippi, Mr. John McAdams, at Harrison County Courthouse in Gulfport, Mississippi.

16. The Defendant, the Harrison County Sheriff Department, is a political entity, agency and/or political subdivision of Harrison County, Mississippi, organized to provide security and safety to and for the citizens of Harrison County, Mississippi. This Defendant may be served with lawful process by serving Sheriff George Payne, or his designee, at the Harrison County Courthouse in Gulfport, Mississippi or at the Harrison County Adult Detention Center at 10451 Larkin Smith Drive Gulfport, Mississippi.

17. The Defendant, George Payne, is an adult resident citizen of Harrison County, Mississippi, First Judicial District. At all times material hereto this Defendant was the duly elected Sheriff of Harrison County, Mississippi, vested with the responsibility and authority to hire, train, supervise, set policies and procedures, enforce the policies and procedures adopted or otherwise implemented and to provide protection to the citizens of Harrison County, Mississippi, to include the Deceased, Jessie Lee Williams Jr., by and on behalf of the Defendant, Harrison County, Mississippi. This Defendant is sued in his official and his individual capacities. He may be served with lawful process at the Harrison County Courthouse in Gulfport, Mississippi, or by effecting service upon his duly authorized designee, at the Harrison County Courthouse in Gulfport, Mississippi, or at the Harrison County Adult Detention Center at 10451 Larkin Smith Drive Gulfport, Mississippi.

18. The Defendant, Major Dianne Gaston-Riley, Director of Corrections, is an adult resident citizen of Harrison County Mississippi. She is sued in her official and individual capacities. At all times material hereto she was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department. She was directly responsible for overseeing the administration of the Harrison County Adult Detention Center, developing, implementing and enforcing policies and procedures regarding the conduct of officers, their training, hiring and firing, the handling and/or processing of persons being detained or housed, and for protecting the rights, privileges and immunities of every person in the custody of the Harrison County Adult Detention Center. She may be served with lawful process at her place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

19. The Defendant, Captain Rick Gaston, Booking Supervisor, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department, and he was in charge of devising policies and procedures regarding the booking process, the handling of persons being detained and/or processed in booking, supervising the booking personnel, implementing and enforcing such policies and procedures and generally overseeing the entire booking process, to include overseeing the training of Deputies and evaluating their continued performance. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

20. The Defendant, Captain Phil Taylor, Training Director, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department and he was in charge of the training provided to the members of the Harrison County Sheriff Department, to include those assigned to the booking department. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

21. The Defendant, Deputy Leah Richardson, is an adult resident citizen of Harrison County Mississippi. She is sued in her official and individual capacities. At all times material hereto she was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department, and she was the Central Control Officer charged with the responsibility to observe the surveillance cameras in the Harrison County Adult Detention Center, to include the booking department. She may be served with lawful process at her place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

22. The Defendant, Deputy Leo DeGeorge, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department, and on the date in question he was assigned to the booking department and was present while the Deceased, Jessie Lee Williams, Jr., was being abused and beaten. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center at10451 Larkin Smith Drive Gulfport, Mississippi.

23. The Defendant, Deputy Evan Hubbard, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department, and on the date in question he too was assigned to the booking department and was present while the Deceased, Jessie Lee Williams, Jr., was being abused and beaten. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center at10451 Larkin Smith Drive Gulfport, Mississippi.

24. The Defendant, Pat Olson, the Medical Administrator for the Harrison County Adult Detention Center, is believed to be an adult resident citizen of Harrison County Mississippi. She is sued in her official and individual capacities. At all times material hereto it is believe that she was employed by either Harrison County, Mississippi, Sheriff George Payne, the Harrison County Sheriff Department and/or Health Assurance LLC to supervise and/or oversee the providing of adequate medical services and was in charge of ensuring that proper, prompt and professional medical assistance was provided to each person or persons detained in the custody of Harrison County, Mississippi, Sheriff George Payne or the Harrison County Sheriff Department when the same was necessary or the circumstances warranted. She may be served with lawful process at his place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

25. The Defendant, Deputy Regina Rhodes, is an adult resident citizen of Harrison County, Mississippi. She is sued in her official and individual capacities. At all times material hereto she was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department. It is believed that she participated in the beating of Jesse Lee Williams, Jr., and/or aided, abetted and/or encouraged others to beat and abuse Jesse Lee Williams, Jr., and that she failed to stop, intervene or immediately report the abuse, and that she actually filed a false report ( which she attempted to later withdraw but was denied the request to correct the same by Sheriff George Payne) documenting the events of the evening in question. She may be served with lawful process at her place of employment the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi.

26. The Defendant, Deputy Ryan Teel, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department. It is believed that he was the principal actor who beat and abused Jesse Lee Williams, Jr., on the evening in question. He may be served with lawful process at his residence.

27. The Defendant, Deputy Morgan Thompson, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center at10451 Larkin Smith Drive Gulfport, Mississippi.

28. The Defendant, Deputy Jeremy Mooneyham, is an adult resident citizen of Harrison County Mississippi. He is sued in his official and individual capacities. At all times material hereto he was employed by the Defendants, Harrison County, Mississippi, Sheriff George Payne and/or the Harrison County Sheriff Department. It is believed that this Defendant was present during the time Jesse Lee Williams, Jr., was beaten and abused and he did not intervene or make an attempt to try to stop the beating and abuse nor report the same. He may be served with lawful process at his place of employment the Harrison County Adult Detention Center at10451 Larkin Smith Drive Gulfport, Mississippi.

29. The American Correctional Association (ACA) is a national association that is incorporated in the State of Delaware. The ACA's goal is, in exchange for a fee, to assess a correctional facility's training, standards, policies and procedures and to provide acceptable policies, standards, training and procedures in an effort to make a "'good faith' effort to improve conditions of confinement" of persons detained in one of their accredited facilities such as the Harrison County Adult Detention Center. The ACA may be served with lawful process by effecting the same upon its Executive Director, James A. Goudles Jr., or its President, Gwendolyn C. Chunn, at 4380 Forbes Boulevard Lanham, Maryland 20706-4322.

30. The Defendant, Health Assurance LLC was at all times material hereto the contract medical provider retained by Harrison County, Mississippi, to provide medical services or assistance to detainees at the Harrison County Adult Detention Center. This Defendant is a domestic corporate entity with it principal place of business located at 5903 Ridgewood Road Suite 320 Jackson, Mississippi 39211. It may be served with process at the Harrison County Adult Detention Center 10451 Larkin Smith Drive Gulfport, Mississippi or by effecting service of process upon its registered agent Melvin Priester at 371 Edgewood Terrace Drive Jackson, Mississippi 39206.

31. The Defendant, The City of Gulfport, Mississippi, is a municipality duly incorporated under the laws of the State of Mississippi. Pursuant to Miss. Code Ann. Section 13-3-47 (1972), service of process may be had on the City of Gulfport, Mississippi, by effecting the same upon its Mayor, Brent Warr, or the Municipal Clerk for the City of Gulfport, Mississippi at 2309 15th Street Gulfport, Mississippi. At all times material hereto, the City of Gulfport, Mississippi, was vicariously liable for the acts of omission or commission of the Defendant, Gulfport Police Officer Kelly Knight, and any other Gulfport Police Officers, as the same relates to the death of Jesse Lee Williams, Jr.

32. The Defendant, Gulfport Police Officer Kelly Knight, was at all times material hereto a police officer employed by the City of Gulfport, Mississippi. It is believed that this Defendant was the officer who transported Jesse Lee Williams, Jr., to the Harrison County Adult Detention Center on February 4, 2006, and that she was present during the time Jesse Lee Williams, Jr., was beaten and that she either assisted other Defendants or unknown persons with the beating and/or she failed to intervene, report and/or stop the beating while observing the same taking place in her presence when she had an affirmative duty to intervene, stop or immediately report the illegal conduct of other Defendants or unknown persons. Her acts of omission or commission are vicariously attributed to the Defendant, the City of Gulfport, Mississippi. She may be served with lawful process at her home or at her place of employment the Gulfport Police Department at 23rd Avenue and 15th Street Gulfport, Mississippi.

33. The Defendants', Unknown John and Jane Does, identities are not known to the Plaintiff at this time. As an example only and not exclusively limited to the same, witnesses have stated that there were police officers from the Long Beach and Pass Christian Police Departments present and in some instances witnesses stated that these officers actually assisted in holding Jesse Lee Williams, Jr., down or restraining him while others abused him. However, their true identities and the identities of others are unknown at this time and it is believed that they are adult resident citizens of Harrison County Mississippi and through the discovery process it is further believed that their true and accurate identities will become known and at that time the Plaintiff will seek leave of this Honorable Court to amend his Complaint and to specifically name the unknown persons as Defendants to this action and serve them with process for wrongs committed and violations against the rights, privileges and immunities of the Deceased, Jessie Lee Williams, Jr., all of which it is alleged were committed in their official and individual capacities, as employees of Harrison County, Mississippi, Sheriff George Payne, the Harrison County Sheriff Department, Health Assurance, LLC, the City of Gulfport, the ACA, other State or Municipal entities and/or other individuals acting in concert with such person, persons or state entities named as Defendants herein or who may be discovered to have acted in a manner detrimental to the rights, privileges and immunities of the Deceased, Jessie Lee Williams, Jr.

JURISDICTION

34. The Plaintiff herein invokes the federal question jurisdiction of this Honorable Court pursuant to 28 U.S.C. Sections 1331 & 1343 to obtain a judgment for the costs of suit, including reasonable attorneys' fees, and damages suffered and sustained by the Deceased, Jessie Lee Williams, Jr., and caused by the Defendants' blatant violation of the rights, privileges and immunities of the Deceased, Jessie Lee Williams, Jr., as guaranteed by the Fifth, Eighth and Fourteenth Amendments to the Constitution of the United States of America and by the applicable Federal statutes, more particularly, 42 U.S.C. Sections 1983, 1985(3), 1986 & 1988. Additionally, this Honorable Court has jurisdiction to adjudicate the pendent or supplemental state claims that arose out of the same course of conduct giving rise to the principal claims of the Plaintiff as herein stated. Finally, the Plaintiff's action for declaratory and injunctive relief is authorized pursuant to 28 U.S.C. Sections 2201 & 2202.

VENUE

35. Venue is proper in this jurisdiction and district pursuant to 28 U.S.C. Section 1391(b) because a substantial part of the real and immediate harm sustained by the Plaintiff occurred in this judicial district and division.

COUNT I

ACTION FOR DEPRIVATION OF CIVIL RIGHTS

(42 U.S.C. SECTION 1983)
36. The Plaintiff hereby incorporates by reference and re-alleges the information set forth in the forgoing paragraphs.

37. At all times material hereto, the Defendants were vested with the state authority and the non-delegable responsibility and duty of adhering to, complying with and enforcing the laws of the United States of America and the State of Mississippi. Consequently, while acting under color of state law, the Defendants commenced to engage in a course of conduct and to implement a policy, custom, usage, plan or practice wherein the rights, privileges or immunities of the Deceased, Jessie Lee Williams, Jr., were violated. Specifically, the Defendants, jointly and severally, engaged in a course of conduct that resulted in the violation of the Deceased's, Jessie Lee Williams, Jr., right to the equal protection of the laws of the United States of America pursuant to the Fourteenth Amendment to the Constitution of the United States of America and the corresponding provisions of the Constitution of the State of Mississippi, the right to procedural and substantive due process of the law pursuant to the Fifth and Fourteenth Amendments to the Constitution of the United States of America, and the right against cruel and unusual punishment as set forth in the Eighth Amendment to the Constitution of the United States of America. The violations complained of in this Complaint include, but are not limited to, the use of excessive force, torture, deprivation of identifiable civil rights, i.e., life, liberty and/or property, the unnecessary and wanton infliction of pain and inhumane torture in light of the circumstances confronted by the Defendants resulting in a deprivation that was sufficiently serious wherein the Defendants acted, maliciously and sadistically by using force and physical violence designed and intended to cause Jessie Lee Williams, Jr., physical, mental and emotional harm, pain, humiliation and/or injury, and thereafter, evidence a deliberate indifference to the immediate, grave and serious medical needs of Deceased, Jessie Lee Williams, Jr., all of which caused or contributed to his death on February 6, 2006.

38. As a direct and proximate consequence of the Defendants' actions, the Deceased, Jessie Lee Williams, Jr., was deprived of certain rights, privileges and immunities secured by the Constitution of the United States of America, the laws of this Nation and the State of Mississippi. Specifically, the Deceased's, Jessie Lee Williams, Jr., Fifth and Fourteenth Amendment rights to procedural and substantive due process and to the equal protection of the laws were violated by the Defendants, together with his Eighth Amendment right proscribing cruel and unusual punishment.

39. At all times material hereto, the Defendants, Harrison County, Mississippi, Sheriff George Payne, the Harrison County Sheriff Department, Major Dianne Gaston-Riley, Captain Rick Gaston and their agents, representatives, and employees acted pursuant to the policies, regulations, and decisions officially adopted or promulgated by those persons whose acts may fairly be said to represent official policy of or were pursuant to a governmental custom, usage or practice of the Defendants, Harrison County, Mississippi, the Harrison County Sheriff Department and/or Sheriff George Payne.

40. It is further averred that the Defendants Sheriff George Payne, Major Dianne Gaston-Riley and Captain Rick Gaston, were the governmental officials whose edicts or acts may fairly be said to represent official policy, practices, customs or regulations of the Defendants, Harrison County, Mississippi, and the Harrison County Sheriff Department. The aforementioned Defendants collectively and individually developed, planned and implemented the policy, custom and/or usage that resulted in and cause the death of the Deceased, Jessie Lee Williams, Jr.

41. As a direct and proximate consequence of the Defendants' conduct wherein such Defendants deprived the Deceased, Jessie Lee Williams, Jr., of certain rights guaranteed by the Constitution of the United States of America, the Deceased, Jessie Lee Williams, Jr., suffered immediate and irreparable injury to his person resulting in the deprivation of his constitutional rights, privileges and immunities and ultimately causing his wrongful death. However, while alive and being beaten by the Defendant Deputies of Harrison County and other unknown individuals, the Deceased, Jessie Lee Williams, Jr., experienced extreme pain, suffering, humiliation [more]