Class Act.
Defense: 'No basis' to lawsuit
A federal court has set aside a clerk’s entry of default against the city of Ridgeland for failing to respond on time to an ex-alderman’s false arrest lawsuit.
Ridgeland can now proceed in defending itself against Mike Crook’s $700,000 lawsuit in The United States District Court of the Southern District of Mississippi. Crook is claiming civil rights violations, assault and battery, false arrest and imprisonment, malicious prosecution and intentional infliction of emotional distress in connection with his 2008 arrest for disorderly conduct.
In court papers, the city has said Crook’s claims have no basis.
The court’s opinion and order said Ridgeland’s failure to answer the complaint by the June 21 deadline was “neither willful nor intentional but rather was merely inadvertent.”
Saundra Strong, the city’s attorney in the case, had been given a 31-day extension to June 21 at her request.
She later filed an affidavit saying she could not respond by the extension date because of her infant fell ill and had to undergo surgery.
In 2005, Crook lost re-election to the Ward 3 alderman seat in 2005. The arrest happened 11 months prior to the 2009 municipal elections.
Crook alleged the timing of the arrest shows Ridgeland Mayor Gene McGee did not want him to run for alderman in 2009.
McGee has said he cannot comment because the matter is in litigation.
Crook is also a former Madison County chancery clerk.
The ex-official entered the complaint against the city in January and filed a nearly identical amended complaint in February. The city was served with the suit about 10 weeks later.
Having not answered by the deadline, the court’s clerk made an entry of default June 2 at Crook’s behest. The city submitted its answer later the same day.
Crook’s lawsuit stems from a June 12, 2008 incident, in which he was arrested for disorderly conduct after arguing with a Ridgeland policeman about why the officer needed to see Crook’s identification.
Crook was found guilty of the charge in Ridgeland Municipal Court, but the ruling was later overturned on an appeal.
His wife, Patty, is also named as a complainant in the suit. They are representing themselves in the case.
MC Herald