Dusty
November 14th 04, 11:58 PM
Jailing cited in suit against Miss. judge
a.. Abuse of power alleged in child-support case
By Jerry Mitchell
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20041113/NEWS01/411130344/1002
The new chairwoman for the Conference of Chancery Judges is being sued for
wrongfully jailing a deadbeat dad for six months.
On Friday, Elonzo Harry and his wife, Marilyn, of Carrollton, Ga., filed a
lawsuit in U.S. District Court in Jackson against Chancery Judge Sarah P.
Springer of Meridian, Lauderdale County Sheriff Billie Sollie, two Meridian
lawyers and the county. None of the defendants could be reached for comment.
Harry's lawsuit, which represents only one side of a legal argument, is
seeking an unspecified amount in damages, alleging that Springer wrongly
used her power to take over his Lamar County case. Despite a lack of
jurisdiction, Springer jailed Harry for contempt of court, refusing to
release him until he paid $52,131 in back child support, including interest,
the lawsuit alleges.
"Springer knowingly, voluntarily and wrongfully used the power of the
chancery court of Lauderdale County, Mississippi, against Mr. Harry in clear
absence of subject-matter jurisdiction," the lawsuit says.
On Oct. 14, 2003, the state Court of Appeals agreed with Harry that Springer
lacked jurisdiction and ordered his immediate release from jail, concluding
that "an action for contempt must be brought in the same court which
rendered the original decree."
Brant Brantley, executive director of the Judicial Performance Commission,
acknowledged the watchdog panel has dealt with several cases involving
"misuse of contempt powers, but none of these has arisen from Chancery Court
or use of contempt to enforce child support orders."
Asked if a complaint had been filed against Springer, he replied, "Any and
all proceedings before the commission are confidential in accordance with
the Mississippi Constitution, so the commission can neither confirm nor deny
the existence of such a complaint."
The case involving Harry dates to 1993 when his then-wife divorced him on
the grounds of "habitual, cruel and inhuman treatment," and a Lamar County
chancery judge ordered him to pay $450 a month in child support.
Nine years later, Harry's ex-wife sought enforcement of the original order,
but instead of seeking relief in Lamar County, she sought it in Lauderdale
County.
The lawsuit alleges Harry appeared in front of Springer in 2002 and begged
for his release, and Springer replied, "Show me the money," refusing to
release him.
In her order, Stringer said Harry (which was misspelled as "Harvey") had
failed to pay any child support due: "I understand that you felt that at the
time this child was not yours, nonetheless you did not take any action to
prevent an adjudication that you were the father of that child ... and
you've been ordered to pay support for that child."
Harry repeatedly challenged Springer's authority in the case, but lawyers
for Harry's ex-wife, Mattie Bell, argued the judge's action was proper.
"Civil contempt enforces the rights of a party, and its purpose is to compel
a defendant to comply with the court's support order," wrote her lawyer,
Justin Cobb of Meridian. "Civil contempt is not punitive in purpose but is
considered coercion to induce compliance with a court order. Upon compliance
with a court order, (one) who is incarcerated is entitled to be released
from confinement immediately."
The lawsuit alleges Sollie and the attorneys for Harry's ex-wife, Leonard
and Justin Cobb, "should have been aware of Mr. Harry's unlawful
incarceration and other violations of his constitutional rights."
Lauderdale authorities deprived him of liberty without due process, the
lawsuit says. In addition, Harry's wife says she was denied his
companionship and affection during the six months.
--
"The most terrifying words in the English language are:
I'm from the government and I'm here to help."
--- Ronald Reagan
a.. Abuse of power alleged in child-support case
By Jerry Mitchell
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20041113/NEWS01/411130344/1002
The new chairwoman for the Conference of Chancery Judges is being sued for
wrongfully jailing a deadbeat dad for six months.
On Friday, Elonzo Harry and his wife, Marilyn, of Carrollton, Ga., filed a
lawsuit in U.S. District Court in Jackson against Chancery Judge Sarah P.
Springer of Meridian, Lauderdale County Sheriff Billie Sollie, two Meridian
lawyers and the county. None of the defendants could be reached for comment.
Harry's lawsuit, which represents only one side of a legal argument, is
seeking an unspecified amount in damages, alleging that Springer wrongly
used her power to take over his Lamar County case. Despite a lack of
jurisdiction, Springer jailed Harry for contempt of court, refusing to
release him until he paid $52,131 in back child support, including interest,
the lawsuit alleges.
"Springer knowingly, voluntarily and wrongfully used the power of the
chancery court of Lauderdale County, Mississippi, against Mr. Harry in clear
absence of subject-matter jurisdiction," the lawsuit says.
On Oct. 14, 2003, the state Court of Appeals agreed with Harry that Springer
lacked jurisdiction and ordered his immediate release from jail, concluding
that "an action for contempt must be brought in the same court which
rendered the original decree."
Brant Brantley, executive director of the Judicial Performance Commission,
acknowledged the watchdog panel has dealt with several cases involving
"misuse of contempt powers, but none of these has arisen from Chancery Court
or use of contempt to enforce child support orders."
Asked if a complaint had been filed against Springer, he replied, "Any and
all proceedings before the commission are confidential in accordance with
the Mississippi Constitution, so the commission can neither confirm nor deny
the existence of such a complaint."
The case involving Harry dates to 1993 when his then-wife divorced him on
the grounds of "habitual, cruel and inhuman treatment," and a Lamar County
chancery judge ordered him to pay $450 a month in child support.
Nine years later, Harry's ex-wife sought enforcement of the original order,
but instead of seeking relief in Lamar County, she sought it in Lauderdale
County.
The lawsuit alleges Harry appeared in front of Springer in 2002 and begged
for his release, and Springer replied, "Show me the money," refusing to
release him.
In her order, Stringer said Harry (which was misspelled as "Harvey") had
failed to pay any child support due: "I understand that you felt that at the
time this child was not yours, nonetheless you did not take any action to
prevent an adjudication that you were the father of that child ... and
you've been ordered to pay support for that child."
Harry repeatedly challenged Springer's authority in the case, but lawyers
for Harry's ex-wife, Mattie Bell, argued the judge's action was proper.
"Civil contempt enforces the rights of a party, and its purpose is to compel
a defendant to comply with the court's support order," wrote her lawyer,
Justin Cobb of Meridian. "Civil contempt is not punitive in purpose but is
considered coercion to induce compliance with a court order. Upon compliance
with a court order, (one) who is incarcerated is entitled to be released
from confinement immediately."
The lawsuit alleges Sollie and the attorneys for Harry's ex-wife, Leonard
and Justin Cobb, "should have been aware of Mr. Harry's unlawful
incarceration and other violations of his constitutional rights."
Lauderdale authorities deprived him of liberty without due process, the
lawsuit says. In addition, Harry's wife says she was denied his
companionship and affection during the six months.
--
"The most terrifying words in the English language are:
I'm from the government and I'm here to help."
--- Ronald Reagan