Supreme Court may decide Madison PD chase lawsuit venue

Madison officials are trying to get a lawsuit filed in Hinds County involving a Madison police pursuit of burglary suspects inside Jackson thrown out or transferred.

Robert Pugh of Jackson, who was injured when the fleeing suspects rammed into the back of his vehicle, filed the lawsuit in 2014 against the city of Jackson and its police department and the city of Madison and its police department.

RELATED: Jackson Police Department asked for state investigation of Madison PD chase.

Hinds County Circuit Judge Winston Kidd denied Madison's motion to throw out the lawsuit or transfer it to Madison County Circuit Court.

"The court finds that the plaintiff has alleged claims against both the Madison and Jackson defendants. Because the subject accident occurred in Hinds County, and because the plaintiffs lawsuit against all of defendants involve the subject accident, venue is appropriate in Hinds County," Kidd said in his ruling.

Last week, the Mississippi Supreme Court granted Madison's motion to file an emergency appeal to the court to review Kidd's motion not to dismiss or transfer the case.

Roy A. Smith Jr., attorney for Madison, argues in court papers that the principal offices of the city of Madison is in Madison County and the proper venue for the lawsuit against the city is in Madison County.

"With all due deference to the trial court, Hinds County, Mississippi, is an improper venue for a lawsuit brought against the Madison defendants pursuant to the Mississippi Tort Claims Act."

However, Pugh's attorney, Rocky Wilkins, argues Hinds County is the proper venue for the lawsuit since much of the defendants' actions occurred in Hinds County.

Further, Wilkins said the Madison Police Department exceeded its jurisdiction of Madison and traveled to the Target store in Jackson where the chase began.

The case started Feb. 22, 2014, when JPD was informed people were using stolen credit cards at the Target store near the intersection of I-55 and Country Line Road, according to court records. JPD and other law enforcement opened an investigation to try to identify and apprehend the suspects. Law enforcement came up with descriptions of the suspects and their vehicle.

The next day, Feb. 23, 2014, at about 12:52 p.m., Target personnel called local law enforcement, including JPD and Madison police, to advise the suspects were at the store and driving a vehicle that matched the one police had listed as the possible vehicle used by the suspects. Madison PD responded and said it notified JPD and the Ridgeland Police Department of the suspects location. JPD disputes claims that Madison PD asked for its assistance, according to Pugh's lawsuit.

The lawsuit says Madison PD pursued the suspects in a high-speed chase, later joined by JPD officers, from I-55 frontage road to downtown Jackson where the fleeing suspects collided at a high rate of speed into the back of Pugh's vehicle near the intersection of Gallatin and Oakdale streets.

"The high-speed chase lasted at least 15 minutes and occurred entirely in Hinds County," according to the lawsuit. "Despite knowing of the dangers of a high-speed chase, at no point did any of the defendants call off the pursuit."

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Pugh's lawsuit seeks compensatory and punitive damages. However, the maximum that can be awarded against a governmental entity is $500,000.

No date has been set yet for the trial on the lawsuit in Hinds County Circuit Court.

Contact Jimmie E. Gates at 601-961-7212 or jgates@jackson.gannett.com. Follow @jgatesnews on Twitter.