Willie B. Southern, Jr. v. Gerald Jones
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CP-01027-COA
WILLIE B. SOUTHERN, JR.
APPELLANT
v.
OFFICER GERALD JONES, INDIVIDUALLY AND IN
HIS CAPACITY AS POLICE OFFICER, CITY OF
JACKSON, POLICE DEPARTMENT AND CITY OF
JACKSON, MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEES
5/9/2002
HON. TOMIE T. GREEN
HINDS COUNTY CIRCUIT COURT
WILLIE B. SOUTHERN, JR. (PRO SE)
RODNEY RAMON DIXON
HILTON RAY MILLER
TERRY WALLACE
CIVIL - TORTS-OTHER THAN PERSONAL
INJURY & PROPERTY DAMAGE
DISMISSED WITH PREJUDICE FOR LACK OF
JURISDICTION.
AFFIRMED: 07/15/2003
BEFORE KING, P.J., BRIDGES AND IRVING, JJ.
BRIDGES, J., FOR THE COURT:
¶1.
Willie Southern filed a complaint, on October 18, 2001, seeking relief against the City of Jackson
and Officer Gerald Jones. The City of Jackson, or affectionately referred to by Southern as "Evil," filed
a motion to dismiss for want of jurisdiction under M.R.C.P. 12(b)(6) claiming Southern failed to file suit
within the one year limitation period provided by the Tort Claims Act as set out in Miss. Code Ann. § 1146-11 (3) (Rev. 2002). The trial judge dismissed the case with prejudice on May 9, 2002.
STATEMENT OF THE ISSUE
"WHETHER THE WILLIE SOUTHERN MAY PROCEED WITH A CLAIM FOR MAKE-WHOLE
RELIEF ON BEHALF OF WILLIE SOUTHERN FOR TITLE FOURTEEN VIOLATION EVEN
THOUGH MR. SOUTHERN WAS NOT VIOLATION CONSTITUTIONAL LAW ON FALSE
CHARGES AND FRAUDULENT CONCEALMENT OF FILE." [SIC]
FACTS
¶2.
It should first be noted that the Appellees in this case failed to file any briefs in contention for their
side. Saying that, Southern claims that while a guest at the Best Suites Hotel, members of the Jackson
Police Department secured the facility, surrounded his room, and demanded, without justification, that he
release his children. Further, Southern contends that as a direct result of the overwhelming police presence,
Southern was falsely imprisoned and trapped in his room against his will. He claims that he was subjected
to an unreasonable search and seizure of his person and property by members of the Jackson Police
Department and the overly zealous actions of the police caused him to suffer severe emotional distress.
ANALYSIS
"WHETHER THE WILLIE SOUTHERN MAY PROCEED WITH A CLAIM FOR MAKE-WHOLE
RELIEF ON BEHALF OF WILLIE SOUTHERN FOR TITLE FOURTEEN VIOLATION EVEN
THOUGH MR. SOUTHERN WAS NOT VIOLATION CONSTITUTIONAL LAW ON FALSE
CHARGES AND FRAUDULENT CONCEALMENT OF FILE." [SIC]
¶3.
Mississippi Code Annotated § 11-46-11 (3) states "all actions brought under the provisions of this
chapter shall be commenced within one year next after the date of the tortious, wrongful or otherwise
actionable conduct on which the liability phase of the action is based, and not after." The events described
in the complaint are alleged to have occurred on March 28, 1999. Southern's complaint in this case was
not filed until October 18, 2001. On or about December 7, 2001, an amendment to the complaint was
2
filed, but was never served on the defendants. Even giving Southern the benefit of using the original filing
date, October 18, 2001, this date is still approximately two years and seven months after the alleged event.
As one can clearly see, the complaint was filed well after the one year statutory limit and any appropriate
tolling provisions set out in Miss. Code Ann. § 11-46-11 (3). Therefore, we find this issue is without merit.
¶4.
THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT IS AFFIRMED.
COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING,
MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
