
Jail Beating Case Liability Exceeds Harrison County's
Insurance Capacity
by Keith Burton - GCN
Filed 8/18/06
The potential for a financial catastrophe looms from the Jessie Lee
Williams jail beating homicide case that is under investigation by the
U.S. Attorney's and others. According to District 3 Supervisor Dr. Marlin
Ladner, the county is only insured to $1 million dollars. The county is
already a party in a $150 million lawsuit filed in behalf of the Williams'
family.
While the civil lawsuit has been postponed by court order until the
federal, and perhaps, the District Attorney's cases are finished, the
potential for Harrison County to find itself in a financial crisis over
this case is very real. As Gulfport has also been made party in the
lawsuit, it is also in danger.
Many Harrison County residents have watched the controversies at the
Harrison County jail for years and not paid that much attention to the
problem there. But this latest series of events, many that have yet to
unfold, is something every county resident should pay attention to.
If a judgment eventually came in in excess of the county's ability to
pay, the result could be that the county would have to borrow the
remaining balance. This money would then have to be repaid by county
taxpayers. In this scenario, money the county needs for development and
hurricane improvements in the future may have to be put off. In addition,
there are occasions in cases elsewhere when a governing body cannot pay
and the local government has to give up property to pay claims stemming
from lawsuits.
Harrison County officials know they face a serious issue regarding the
systemic and long-time problems at the jail. While supervisors say they
cannot discuss the jail's problems or the Williams case since they are
named in the lawsuit, they are trying to figure out a way to limit what
losses may eventually occur.
Questions have been raised over the slow progress in the case. Williams
was allegedly beaten to death in the Harrison County jail after a minor
misdemeanor arrest by Gulfport Police February 4, 2006. The case soon
became involved in a federal inquiry under the control of the U.S.
Attorney in Mississippi. Sheriff George Payne has been mostly silent, as
also District Attorney Cono Caranna. The district attorney has not
explained why a federal civil rights case, which is why the U.S. Attorney
is involved, has precedent over murder. Caranna has yet to file any
charges for murder even though the county's coroner ruled, on March 6,
nearly a month after Williams died, that the death was a homicide by blunt
force trauma.
Just recently, attorneys representing the Williams family asked a
federal judge to act on a 1995 court order that could result in the jail
being taking over by the Justice Department if the jail failed to meet the
court order's requirements. Judge Walter Gex ruled that the Williams
attorneys were not party to the original process and therefore could not
trigger the federal oversight. But the judge did leave open such as
request from those parties that were part of the original court order.
Those parties include the County, the Harrison County Sheriff, and the
U.S. Attorney. None of them have requested that the 1995 court order be
triggered.
Supervisor Marlin Ladner says he does not believe the board will
request that the 1995 court order by acted upon by the board. He says the
board's efforts so far are to find a way to privatize the jail's
operation.
Eventually, all of the controversy around the jail is going to end up
with an expensive lawsuit or lawsuits, regardless of the outcome of the
criminal cases, and that means money. Not the county's money or the
Sheriff's money. But taxpayer's money. And with each day, those numbers
are getting bigger.

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