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Stewart v. District Attorney for the Eighteenth Circuit Court District for the State of Mississippi8/23/2005
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: AFFIRMED - 08/23/2005
BEFORE LEE, P.J., MYERS AND BARNES, JJ.
STATEMENT OF FACTS
. Gary Stewart is an African-American resident of New Orleans, Louisiana, where he has lived his entire life. At the time of his arrest in Louisiana, on bad check charges brought in Mississippi, Stewart was working for both the New Orleans Aviation Board and Office Depot. Stewart lost his job with Office Depot as a result of being arrested and jailed in Mississippi.
. Around February 2, 1997, Stewart lost his wallet which contained his Louisiana personal identification card. Stewart reported his identification card as lost and was issued a replacement. The identification card lost had his Social Security number, name, picture, date of birth, expiration date, class title, and class letter. Stewart did not have a driver's license at the time his wallet was lost.
. An unidentified white male found Stewart's wallet and, using the information contained on Stewart's identification card, obtained a fake personal identification card using Stewart's identifying information. The fake personal identification card had a picture of a white male but contained Gary Stewart's Social Security number and stated the individual's name as "Gary Stewart."
. The white male used this fake identification card to establish a checking account at Great Southern National Bank in Hattiesburg, Mississippi under Gary Stewart's name and Social Security number and, using this account, wrote checks in an amount totaling $6,890.42. As a result, grand juries for the January and February 1998 terms of the Second Judicial District of the Circuit Court of Jones County, Mississippi returned indictments against Stewart, on false pretense charges stemming from the bad checks.
. On January 3, 2000, a new district attorney took office and one of the tasks the new regime undertook was to try and locate some of the people who were indicted by prior grand juries. One such file was that of Gary Stewart, which contained a photograph of the white male involved in writing the checks, as one of the businesses which accepted an invalid check obtained a copy of the identification card the imposter was using.
. Stewart was working at the New Orleans International Airport when he was contacted by his mother. Stewart's mother informed him that the Louisiana State Police had visited her, leaving a telephone number for Stewart to contact them. Stewart contacted the Louisiana State Police and was informed that they had "received a complaint from Mississippi that somebody was writing checks in name," and that he needed to come to the station to obtain a new driver's license number. Stewart by this time had acquired a driver's license. When Stewart arrived at the Louisiana State Police station, he was arrested for committing false pretenses in Mississippi.
. Stewart remained imprisoned in Jefferson Parish, Louisiana, until he was extradited to Jones County. During his ten day incarceration at the Jefferson Parish, Louisiana Sheriff's Office, Stewart alleges that he became ill because he was unable to obtain his insulin medication for his diabetic condition.
. On March 9, 2000, Stewart had an initial appearance before Circuit Court Judge Billie Joe Landrum on the false pretenses indictments. Stewart was denied bail and his preliminary hearing was scheduled for March 28, 2000. Stewart obtained an attorney and was released on bail on March 14, 2000.
. On March 23, 2000, the photo of the imposter was located in one of approximately
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