Southaven law enforcement agencies face possible lawsuits - WMC Action News 5 - Memphis, Tennessee

Southaven law enforcement agencies face possible lawsuits

(Photo Source: WMC Action News 5) (Photo Source: WMC Action News 5)
SOUTHAVEN, MS (WMC) -

The city of Southaven and the Southaven Police Department are at risk of being sued by people claiming negligence and a violation of their constitutional rights.

Many people filed into the Southaven City Clerk's office Friday to pay their tickets with high hopes Officer Dwight Brittain wrote them.

Brittain did not have proper certification, and was passing out tickets that the City Clerk is now dismissing.

"I think every police officer should be certified for what they are doing," said Jason Scheuer, who received a ticket from a Southaven police officer.

Legal sources say many people who received tickets from Brittain are preparing to sue.

Legal expert Jennifer Miller says people could claim malicious prosecution, an abuse of process, or a section 1983 claim which states a violation of constitutional rights in this situation.

"You have the confluence of Mississippi law, federal law, immunity, government immunity," Miller explained. "It's really complicated, very complicated analysis and it will, all of the analysis of different circumstances will fall to each individual person's circumstances."

Miller says the Southaven city government could also be at risk of negligence lawsuits.

"Yes, negligent training, failure to supervise, negligent supervision, those are things that we look at under a section 1983 claim," said Miller. "Those are obligations the government has in properly supervising and training officers."

If you received a ticket from Brittain or know of someone who did, please send us an email to investigators@wmctv.com.

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