- Associated Press - Wednesday, September 23, 2015

GULFPORT, Miss. (AP) - A federal judge has dismissed a lawsuit that accused Waveland police of using excessive force against a man who had been ordered arrested in 2010 for failing to pay misdemeanor fines.

The Sun Herald reports (https://bit.ly/1KAgxiP) Chief U.S. District Judge Louis Guirola Jr. dismissed the lawsuit of Marlon K. Jackson Jr. on Tuesday and ruled the defendants are entitled to recover costs from Jackson.

The lawsuit was dismissed with prejudice, which means the complaint can’t be brought back to court.

“There is no genuine issue as to any material fact,” Guirola wrote in his judgment.

Jackson filed the lawsuit in 2013, seeking $101 million in punitive and compensatory damages.

He claimed police abused him by throwing him on a courtroom floor and assaulting him in a nearby room after a judge had ordered him arrested.

Waveland Municipal Court had cited Jackson for contempt of court over unpaid fines.

Jackson said he had been working out of town and had been unable to pay fines of $250. He went Dec. 9, 2010, to pay the fines but was directed to Bay St. Louis Municipal Court, where a judge ordered him arrested. Waveland’s court was convening in Bay St. Louis at the time.

Jackson maintained he was $20 short and wanted the judge to let a friend bring him the money. He said police abused him in the courtroom and choked him and shoved him against a wall in a nearby room while he was handcuffed.

In his deposition, Jackson said he did resist arrest at first.

In cross-examination by his attorney, he recanted his claim of being assaulted while handcuffed. He said he fought with two officers in a small room, then complied and was handcuffed and taken to a patrol car, his deposition said.

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Information from: The Sun Herald, https://www.sunherald.com

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