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Quinn v. Estate of Jones6/6/2002
DATE OF JUDGMENT: 2/11/2000
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED - 06/06/2002
. Plaintiffs in this wrongful death case appeal from the circuit court's (1) summary judgment against them based on the res judicata effect of a prior federal court judgment dismissing their case there and (2) order denying their motion for a second change of venue after the change of venue ordered by this Court in the prior interlocutory appeal in this case. Finding no reversible error, we affirm.
FACTS AND PROCEEDINGS BELOW
. On August 21, 1992, Andre Jones ("Jones") was arrested at a road block by the City of Brandon Police Department ("Brandon") for violating the city's beer ordinance, carrying a concealed weapon, possession of a stolen vehicle license tag, and alteration of the vehicle identification number. The truck he was driving was later determined to be stolen. Jones was taken to the Brandon Police Department and booked. No bond was set, and Jones remained in custody. Due to overcrowding at the Rankin County jail, Jones was transferred to the Simpson County jail and booked at 4:10 a.m. Around 11 p.m. on August 22, Jones was discovered dead, hanging in a shower stall.
. Plaintiffs, Esther Jones Quinn and Alfonso Jones, the parents of Andre Jones, filed a complaint in the Circuit Court of Hinds County, on August 20, 1993. In that complaint, they alleged that their son's death was a result of the intentional and malicious, or grossly negligent, behavior of the defendants. The complaint was later amended to include claims of simple negligence and wrongful death. On the same day, the plaintiffs filed a similar complaint, which was later amended, in the United States District Court for the Southern District of Mississippi, Jackson Division. (Quinn v. Jones, Civil Action No. 3:93CV535LS (S.D. Miss.). The federal court complaint alleged constitutional and federal statutory violations amounting to, inter alia, wrongful death and conspiracy. Both complaints were based upon the same occurrence, asserted the same cause of action, were almost identical in nature, and were filed against the same defendants, with the exception of certain state defendants.
. On November 28, 1995, defendants Simpson County Deputy Abernathy and Brandon Police Officer Henley were dismissed from the proceeding in Hinds County Circuit Court. Also dismissed from the Hinds County Circuit Court proceeding were all named state defendants: Willie Brown, Inspector, Health Department of Institutional Sanitation; Ed Thompson, State Health Officer, Mississippi Department of Health; Jerry Oakes, Inspector, Bureau of Buildings, Grounds and Real Property; Millard Mackey, Fire Marshal, Department of Insurance; Eddie Lucas, Commissioner, Department of Corrections; and Jim Ingram, Commissioner, Department of Public Safety. City of Brandon defendants were not dismissed by the trial court for the "limited purpose of determining whether bail was offered to Mr. Jones, whether other measures were taken to ensure that bail was or was not offered, and what decisions were made regarding the transfer of Mr. Jones to Simpson County jail." Simpson County Defendant Lloyd Jones was also not dismissed by the trial court.
. On January 3, 1996 the Brandon and Simpson County defendants filed a Joint Motion for Dismissal, Change of Venue and Severance in state court, which was denied by the Hinds County trial court on March 21, 1996. On February 23, 1996, summary judgment was granted in the federal court suit as to the Brandon defendants. The Simpson County defendants were granted summary judgment by the federal court on June 12, 1996.
. On Ap
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