Contact: Kristy Bennett, ACLU-MS Legal Director (601) 540-6642 or kbennett@aclu-ms.org
Nsombi A. Lambright, ACLU-MS Executive Director (601) 573-3978 or nlambright@aclu-ms.org
MOSS POINT, MS – The American Civil Liberties Union of Mississippi (ACLU-MS) filed a lawsuit today on behalf of two Moss Point residents whose constitutional rights were violated by the Moss Point Police Department.
Otis Ashford and his sister Dell Jones are plaintiffs in a lawsuit against the City of Moss Point and several of its officers for a violation of their First and Fourth Amendment rights under the U.S. Constitution. Mr. Ashford was physically assaulted and arrested after questioning the actions of police officers outside his sister’s home. Police also unlawfully entered the home without a warrant.
“The right of citizens to question police officers is protected by the First Amendment of the U.S. Constitution.,” said Kristy Bennett, ACLU of Mississippi Legal Director. “Police may not like it when citizens question their actions, however they should be trained to know that citizens do have that right and may not be lawfully arrested for exercising that right.”
On April 18, 2008, Otis Ashford was visiting his sister Dell Jones at her Moss Point, Mississippi home. At approximately 9:30 p.m., Mr. Ashford and Mrs. Jones heard a commotion outside coming from the direction of their brother’s house next door. Fearing something was happening to their brother, Mr. Ashford stepped onto the enclosed front porch area of his sister’s home to see what was happening. In the dark, Mr. Ashford saw only shadowed individuals scuffling near the bushes surrounding the walk to his brother’s front porch. When Mr. Ashford called out from the enclosed porch to ask what was happening, one of the shadowed individuals told him to mind his own business and get back in his house.
The individuals then walked into the light and Mr. Ashford could see that one was a police officer, although the individual had never identified himself as such. As the officer walked by the enclosed front porch where Mr. Ashford was still standing, the officer told him to wait there and that he would be back for him.
The officer returned less than a minute later, approached Mrs. Jones’ storm door to the enclosed porch, pulled it open forcefully and entered the home without a warrant.
“The Fourth Amendment of the U.S. Constitution protects citizens from police entering their homes without warrants or exigent circumstances. That a police officer would simply open a citizen’s door and barge inside speaks to a dangerous lack of training on behalf of the Moss Point Police Department, or complete disregard for fundamental constitutional rights by every officer who entered that home.”
The officer—later identified as Johnny Vaughn—, grabbed Mr. Ashford and threw him down onto the porch furniture. A second officer then entered the porch area and began spraying Mr. Ashford with pepper spray, hitting Mr. Ashford and Ms. Jones who remained standing in the doorway between the enclosed porch and the living room. Ms. Jones called 911 about the incident. A third officer arrived shortly thereafter, also entered the home, and then the officers proceeded to beat and repeatedly tase Mr. Ashford, causing him to lose consciousness and to suffer injuries requiring hospitalization. Ms. Jones also passed out at the scene and was transported by ambulance to the hospital where she was treated and later released.
The ACLU is seeking injunctive relief and to recover damages to vindicate the civil rights of Mr. Ashford and Ms. Jones. The ACLU works across Mississippi to monitor and prevent police misconduct. The organization advocates proper police training, educating citizens about their constitutional rights and accountability when government agents violate those rights.
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