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Grenada officers can be sued in jail death, judge rules

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Grenada officers can be sued in jail death, judge rules

A federal judge rejected the claim that Grenada police officers should be protected by qualified immunity in the 2018 death of Robert Loggins in the local jail.

The ruling by U.S. District Judge Sharion Aycock moves the case one step closer to trial in Mississippi.

“The court's decision is an important milestone in the 's quest for justice, and they are prepared to fight for as long as it takes,” said Jacob Jordan of the Levy Konigsberg LLP law firm, the attorney for Loggins' family.

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A video obtained by the Mississippi Center of Investigative Reporting at Mississippi Today shows Loggins rolling when officers and jailers piled on top of him inside the Grenada County Jail. It also shows officer kneeling on his neck.

Three and a half minutes later, they got off of him. He never moved again. More than six minutes passed before anyone checked his pulse or breathing.

Despite that, the state of Mississippi concluded Loggins' death was an “.” The alleged culprit? Methamphetamine toxicity.

After viewing the as well as the autopsy report and the photos, renowned forensic pathologist Dr. Michael Baden concluded the death was a homicide. “They killed him by piling on top of him,” he said. “He absolutely died from some kind of asphyxia.”

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Loggins' death came two years before the 2020 murder of George Floyd. All the officers who played a role in Floyd's homicide were fired and convicted on criminal charges.

Minneapolis police officer Derek Chauvin, who knelt on Floyd's neck, was to two decades behind bars. Three other officers were each sentenced to between two and a half and three and a half years in prison, including one officer who kept bystanders away.

The Grenada officer who kneeled on Loggins' neck has never faced any criminal charges, nor has any other officer.

Baden considers the officers' actions in the Loggins' case much worse. “The intentional brutality inflicted on Loggins,” he said, “who was in an acute mental crisis, having done nothing criminal, makes his death — and many, many others — so much more criminal than Floyd's.”

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Baden compared the Loggins' case to the Jan. 10 death of Tyre Nichols, whom five Memphis police officers pepper-sprayed, kicked, punched and shocked with a Taser. A grand jury has indicted the now-fired officers on second-degree murder and other charges.

The pathologist said Loggins' death is “more typical of the thousands of police custody deaths of unarmed persons that have occurred without much notice.”

Since 2000, at least 342 deaths have taken place across the country after police restrained people, according to FatalEncounters.org. Many of those deaths were due to asphyxia.

In some of those deaths, officers used restraints condemned by the U.S. Department of Justice. The agency, along with the International Association of Chiefs of Police, warned officers that keeping restrained people face down increases the risk of death from asphyxia.

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“As soon as the is handcuffed, get him off his stomach,” the memo advises.

At 5:40 a.m. on Nov. 29, 2018, a woman in Grenada telephoned 911, saying, “Someone's in the back of my house calling for help. Please hurry.”

Five members of the Grenada Police Department responded: Capt. Justin Gammage, Sgt. Reggie Woodall, Cpl. Edwin Merriman, Patrolman Michael Jones and Patrolman Albert Deane Tilley.

They found a Black man face down with his arms tucked beneath his body. One officer recognized Loggins, who had battled both mental issues and a drug problem.

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“Although Loggins was likely guilty of trespassing and disturbing the peace, there is no real contention that he had committed any offense more serious than those,” the judge wrote. “In fact, according to the call to Grenada Police Department, Loggins was screaming for help, which would undercut any argument that he was attempting to commit some sort of serious crime under cover of night.”

U.S. District Judge Sharion Aycock

In bodycam footage obtained by MCIR, officers repeatedly asked Loggins to put his hands behind his back. He refused.

“My soul belongs to Jesus Christ, my savior, my protector,” he told officers.

“Your ass belongs to us now,” one of them replied.

The judge concluded that “any fears the officers may have had must have subsided quickly. Loggins was screaming incoherently, never attempted to exert any force against them, never brandished a weapon and never even threatened to harm them.”

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She wrote that Loggins refused to put his hands behind his back, which may have been because he was in an altered state.

Gammage and Woodall shocked Loggins with a Taser at least 10 times, and Woodall struck Loggins with a flashlight nine times — a degree of force that “was not justifiable under the circumstances,” the judge wrote.

After handcuffing the 5--8, 190-pound man, officers carried him to a carport, where a report by the Mississippi Bureau of Investigation claims that “Loggins' disorderly behavior” kept emergency personnel from conducting “a full medical assessment.”

But bodycam video paints a different picture. As officers carry Loggins, an EMT can be heard saying, “He looks fine to me.”

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Jail videoshows that at 5:59 a.m. officers carried Loggins upside down into the lobby of the jail. They left him face down on the floor, handcuffed.

He seemed to be in distress, rolling from side to side, the shift supervisor, Sgt. Edna Clark, told the investigations bureau. “To me, he was to gasp for breath because he couldn't breathe.”

She said she asked officers to take Loggins tothe hospitalbut was waved off.

After Tilley reportedly said he needed his handcuffs back, at least four officers and jailers piled on top of Loggins at 6:04 a.m. to the cuffs from his wrists, the video shows. When they got off Loggins more than three minutes later, he didn't move.

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Clark noticed that he was bleeding and called 911. The dispatcher replied that EMTs had previously checked him.

“He's bleeding from his mouth. He's bleeding from his legs,” she told the dispatcher. “I'm not going to take him.”

At 6:14 a.m., Clark checked Loggins' pulse and his breathing. She called 911 again.

“This man has got no heartbeat, and he's not breathing. I want them officers back over here. I want an ambulance,” she said. “Get them over here now.”

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A few minutes later, medical personnel arrived. They pounded on Loggins' chest hoping to revive him, and when they couldn't, they airlifted him to a hospital, where he was pronounced dead.

In 2020, Loggins' wife, Rika Jones, filed a lawsuit in U.S. District Court, accusing the officers of assault and the medical personnel and the private jail operator of failing to provide him with proper medical treatment.

Tilley's lawyer insists his client didn't cause Loggins' death or act with excessive force and is shielded by qualified immunity, a legal doctrine that says workers can't be held liable for what they do on the job, except in rare circumstances.

Other officers have also denied any wrongdoing, insisting that Loggins' constitutional rights were never violated.

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The judge, however, disagreed, concluding that officers used “excessive force” and weren't entitled to immunity from litigation.

In its response, the private jail operator, Corrections Management Services, said its staff acted in good faith, with Clark advising police “multiple times that Loggins would not be accepted into the jail and that he needed medical attention.” Medical personnel have denied the suit's allegations of failure to provide proper treatment.

When Loggins died, he was 26 — seven years younger than his mother was when she died.

Debbie Loggins died in police custody after being hogtied, another restraint that the Justice Department has condemned.

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Debbie Loggins, Robert' Loggins' mother, was hogtied by officers responding to a call about a fight in 2005, and she died in their custody.

The late pathologist who conducted her autopsy, Dr. Steven Hayne, ruled out trauma, drugs and alcohol, concluding that she died because of advanced heatstroke, even though the sun hadn't risen when she was arrested, the temperature was in the 70s, and officers transported her in an air-conditioned car.

Instead, Hayne — whose autopsies have beencalled into question— concluded her death was an accident, blaming her “excessive exertional activity.”

Loggins' father, Robert Ford, still passes by the jail where his son breathed his last. Sometimes, he stops outside and thinks about his son.

He believes his son deserves justice. “He was murdered,” he said. “You can see it in the video.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=224359

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Mississippi Today

On this day in 1937

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May 1, 1937

Liz Montague's Google Doodle honoring pioneering African American cartoonist Jackie Ormes. Credit: Courtesy of Google

Jackie Ormes became the first known Black cartoonist whose work was read coast to coast through the major black publication, the Pittsburgh Courier.

Her cartoon told the story of Torchy Brown, a Mississippi teenager who sang and danced her way from Mississippi to New York , mirroring the Great Migration, when millions of African Americans trekked from the South to the North, Midwest and .

In 1945, her cartoon, “Patty-Jo ‘n' Ginger,” started. The strip proved so popular that department stores sold Patty-Jo as a doll. Five years later, Torchy returned, this time as a confident and courageous woman who dared to tackle such issues as race, sex and the . applauded this strong model of what young Black women could be.

In 2014, she was inducted into the Black Journalists Hall of Fame and was later by Google on its search page.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=354343

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Mississippi Today

Work requirement will likely delay or invalidate Medicaid expansion in Mississippi

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mississippitoday.org – Sophia Paffenroth – 2024-04-30 19:12:46

The final version of expansion in the Legislature could tens of thousands of uninsured, working Mississippians waiting indefinitely for Medicaid coverage – unless the federal makes an unprecedented move.

The compromise lawmakers reached minutes before a legislative deadline on Monday night makes expansion contingent on a work requirement. That means even if both chambers pass the bill, the estimated 200,000 Mississippians who would qualify for coverage would need to wait until the federal government, under either a Biden or Trump administration, approved the waiver necessary to implement a work requirement – which could take years, if ever.

Lawmakers in favor of the work requirement have not been open to allowing expansion to move forward while the work requirement is in flux. The House bill proposed expansion be implemented immediately but included a “trigger law” similar to North Carolina's. The “trigger law” mandated that if the federal government ever changed its policy on allowing states to implement a work requirement, Mississippi would move to implement one immediately.

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Senator Brice Wiggins, R-, one of the Medicaid expansion conferees, posted on social media “if CMMS wants people covered then it will approve (the work requirement). Nothing prevents them from approving it other than POTUS/CMMS philosophy.” 

But even in states where a work requirement was approved, litigation ensued, with the courts finding the approval of the work requirement unlawful for a number of reasons, according to a KFF report

Senate Medicaid Chairman Kevin Blackwell, R-Southaven, did not respond to Mississippi by the time the story published. 

Will a Biden – or Trump – administration approve the work requirement?

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The Biden administration has never approved the waiver necessary for a work requirement and has rescinded ones previously granted under the Trump administration. Waivers granted under the Trump administration were not granted under the current circumstances as Mississippi. 

Mississippi Today reached out to the Centers for Medicare and Medicaid Services for comment but did not hear back by the time of publication. 

Joan Alker, Medicaid expert and executive director of Georgetown 's Center for Children and Families, explained that the Trump administration has never approved a work requirement up front for a traditional expansion plan like Mississippi's.  

In states like Kentucky and Arkansas, Alker explained, the Trump administration approved work requirements as a means of limiting already-existing expansion plans. In Georgia, an outlier that remains in litigation with the Biden administration for rescinding the state's work requirement waiver, the Trump administration approved a work requirement for a plan that isn't considered full “expansion” under the Affordable Care Act and doesn't draw down the increased federal match rate.

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“If the Legislature passed a bill with both of those requirements being non-negotiable, (the work requirement and the enhanced match) they need to know that there is no precedent for that kind of approval from either a Biden or a Trump CMS,” she said.

What happens if a work requirement is approved?

In the best case scenario – that a work requirement is approved by some administration in the near future – its implementation could mean an increase in administrative costs and a decrease in eligible enrollees getting the coverage for which they qualify. Georgia's plan, for example, requires people document they're in school, working or participating in other activities. The requirement has cost taxpayers at least $26 million, and more than 90% of that has gone toward administrative and consulting costs, according to KFF News.    

“Even if CMS does approve (it), actually implementing and administering work requirements is costly and complex,” explained Morgan Henderson, the principal data scientist on a study commissioned by the Center for Mississippi Health Policy and conducted by the Hilltop Institute at the University of Maryland, Baltimore County. “This would almost certainly significantly dampen enrollment relative to a scenario with no work requirements, and cost the state millions to implement.”

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Many of the cases where work requirements were approved but then deemed unlawful were due to court rulings that found that the work requirement resulted in lower enrollment, counterproductive to the primary goal of Medicaid. 

In addition to lowering enrollment, the work requirements have not led to increased employment, the primary goal of the work requirement, explained Alice Middleton, deputy director of the Hilltop Institute and a former deputy director of the Division of Eligibility and Enrollment at the Centers for Medicare and Medicaid Services. 

“Recent guidance has been clear that work requirements would jeopardize health coverage and access without increasing employment,” Middleton said. “While a future Trump Administration may revisit these decisions and approve work requirements again, legal challenges are likely to follow …”

Senate compromised with the House on a number of fine points regarding the work requirement: reducing the mandatory employment from 120 to 100 hours a month; reducing the number of employment verification renewals from four times to once a year; and removing the clause that would require the state to enter into litigation with the federal government, as Georgia did, if the federal government turns down the work requirement. 

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“It was encouraging to see both sides compromising, but, ultimately, the inclusion of work requirements multiple sets of challenges to successful expansion,” Henderson said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Why many House Democrats say they’ll vote against a bill that is ‘Medicaid expansion in name only’

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mississippitoday.org – Bobby Harrison – 2024-04-30 18:55:44

For a decade, House Democrats have been beating the drum — often when it seemed no one else was listening — to expand to care for working poor Mississippians.

It looks as though a large majority of those House Democrats as early as Wednesday will vote against and possibly kill a bill that purports to expand Medicaid.

They say the agreement reached late Monday between House and Senate may be called Medicaid expansion, but it is not written to actually go into effect or help the hundreds of thousands of Mississippians who need health care coverage.

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“It is just like an eggshell with no egg in the middle,” said Rep. Timaka James-Jones, a Democratic from Belzoni in her first term. “It does not make sense.”

Republicans, who have have supermajorities in both the House and Senate and do not need a single Democratic vote to pass any bill, have for years relished their power over legislative Democrats. But when a three-fifths vote is needed and Republicans aren't in unanimous agreement like on this current bill, Democrats have real power to flex.

Earlier on Tuesday, after a closed-door luncheon meeting of House Democrats, Rep. Robert Johnson of Natchez, the minority leader, informed Speaker Jason White that 32 of the 41 House Democrats planned to vote no. That news sent shockwaves through the Capitol.

With several House Republicans also expected to vote no, that number of dissenting Democrats would likely prevent the legislation from getting the three-fifths majority needed to pass. And no votes by 32 Democrats would surely mean the proposal would fall short of the two-thirds majority that would be needed later to override an expected veto from Gov. Tate Reeves, who is opposed to accepting more than a $1 billion a year in federal funds to provide health care for an estimated 200,000 Mississippians.

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At issue for the House Democrats is a work requirement that Senate Republicans insisted be placed in the bill and that House negotiators agreed to minutes before the Monday night deadline to reach an agreement between the two chambers.

Federal have made it clear in the past that they would not approve a work requirement as part of Medicaid expansion. But in the proposal that House and Senate agreed to, Medicaid expansion would not go into effect until federal officials approve a work requirement.

Senate leaders have expressed optimism that the Biden administration would be so pleased with longtime Medicaid expansion holdout Mississippi making an effort that it would approve a work requirement, or that the conservative federal 5th Circuit Court would approve it if litigated.

“It is tough. For the 11 years I have served in the House, I have supported the expanding Medicaid,” said Rep. John Faulkner, D-Holly Springs. “But the truth is this conference really doesn't do anything to help poor people who need it.”

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The comments made by Faulkner were echoed by multiple House Democrats at the luncheon meeting, according to numerous sources inside the meeting.

After that meeting, Democratic leader Johnson relayed those sentiments and the Democrats' plans to vote against the proposal to White.

So White called a Tuesday afternoon meeting with Johnson. After the Republican speaker and Democratic leader met behind closed doors, Johnson announced on the House floor that House Democrats would hold another caucus meeting. It did not last long.

After that meeting, several Democrats said their plans to vote against the bill had not changed, though some acknowledged privately that voting against the bill would be difficult. One member, when asked if the Democrats still planned to vote against the proposal in large numbers, replied, “It is fluid. I don't know. We will see.”

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Many of the Democrats praised White, a first-term speaker, for finally tackling Medicaid expansion. And they praised the original House bill that that allowed Medicaid expansion to go into effect in Mississippi like it had in 40 other states even if a work requirement was struck down by federal officials. They also praised Republican Medicaid Chairwoman Missy McGee for her work to pass “a clean” Medicaid expansion bill.

READ MORE: House agrees to work requirement, Senate concedes covering more people in Medicaid expansion deal

But they expressed disappointment with the final agreement worked out between House and Senate leaders with the non-negotiable work requirement. They said they had informed House leaders all along that they would oppose a compromise that included a work requirement.

“We know all eyes are on us right now because the Republican supermajority couldn't reach an agreement among themselves,” said Rep. Daryl Porter, D-Summit. “Republican infighting on Medicaid expansion becoming our responsibility to referee feels unfair when they're the ones who couldn't get the support for their own bill. They're waiting to see if we'll bail them out.”

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Several House Democrats said it would be difficult to go back home and explain to their constituents that they voted against Medicaid expansion.

But Rep. Rickey Thompson, D-, said people should not view them as voting against Medicaid expansion simply because the bill would not expand Medicaid.

“It just puts something on paper, but it does not do anything,” said Thompson.

“It is not Medicaid expansion,” said Zakiya Summers, D-Jackson, who said she campaigned on Medicaid expansion when she first ran and was first elected in 2019. She spoke as a surrogate for Democratic gubernatorial candidate Brandon Presley last year in support of Medicaid expansion.

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Rep. Bryant Clark, D-Pickens, said it would be more difficult to explain to constituents that they could not get health care through Medicaid even after the Legislature approved it than to vote against it and explain the reason for that vote.

Numerous members said Rep. Percy Watson, D-Hattiesburg, made the most salient point at the Democrats' first caucus meeting on Tuesday.

Watson, the longest serving member of the House, told the story of a vote in the 1982 session on a bill that would have allowed local school districts to enact kindergarten and require mandatory school attendance. Watson said he voted for the bill, but later was pleased that it died.

If that bill had passed, there would not have been the landmark special session later that year when statewide kindergarten was created and school attendance was mandated statewide.

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“Sometimes it takes more than one session to pass something important,” Watson said.

Everyone at the Capitol is closely tracking what the House Democrats decide — including Senate Republicans, who are reportedly struggling to get a three-fifths vote of their own to pass the bill in that chamber.

After word spread Tuesday of the House Democrats' meeting and potential killing of the expansion bill, Senate Medicaid Chair Kevin Blackwell, R-Southaven, said he would not present the expansion proposal in his chamber until after the House acted.

The bill, which faces a Thursday evening deadline, could be sent back for additional negotiations where the work requirement could be . But the Senate has thus far not yielded on the work requirement — something that House Democrats, clearly, believe would result in the bill never going into effect.

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READ MORE: Back-and-forth: House, Senate swap Medicaid expansion proposals, counter offers

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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