By Yolanda Jones
The Commercial Appeal
SOUTHAVEN, Miss. — A federal jury ruled Wednesday after a two-day trial that a Southaven police officer was not guilty of using excessive force during the arrest of a former city firefighter last year.
Wesley Blackard sued the city, the Police Department and officer Brannon Rushing, alleging that excessive force was used during his arrest last year on charges of suspicion of leaving the scene of an accident/property damage and DUI-first offense.
Blackard was seeking $3 million in damages.
According to Blackard’s suit, while he was handcuffed in a holding cell at the Police Department, he was trying to reach in his front pocket for his lip balm when he was shot by a stun gun and then assaulted by officers in his cell, who were “acting like he had a gun.”
He says he lost consciousness when he was assaulted by police.
The suit said Blackard’s constitutional rights to be free from excessive use of force, to be free from deprivation of liberty and the right to be free from summary punishment without due process of law were all violated when he was arrested Oct. 4, 2009.
The jury trial began Monday in Oxford in U.S. District Court before Judge Neal B. Biggers.
Before the trial started, Southaven Mayor Greg Davis, Police Chief Tom Long, the city, the Police Department and 10 unnamed officers, all named in the suit, were dismissed from the case.
The jury was left to consider the claims that Rushing, serving in his official capacity as a police officer for Southaven, used excessive force during the arrest of Blackard.
“The issue was if excessive force was used, and the jury ruled in favor of the defense,” said attorney Robbie Hayes, who represented the city. “We are very pleased to get a verdict, not only for officer Rushing, but for the Southaven Police Department. The ruling shows that the officer’s actions were justified and necessary based on what occurred.”
Attorneys Martin Zummach and John Keith Perry, who represented Blackard, could not be reached Wednesday.
Copyright 2012 The Commercial Appeal, Inc.