Judge Tosses Lawsuit Filed Against County
PROTECTED CONTENT
If you’re a current subscriber, log in below. If you would like to subscribe, please click the subscribe tab above.
Username and Password Help
Please enter your email and we will send you a password reset link.
OXFORD – A federal lawsuit filed in September by Timothy Leatherby against Yalobusha County and other defendants was dismissed with prejudice last week by U.S. District Judge Michael Mills for lack of subject-matter jurisdiction and for failure to state a claim. Leatherby was also sanctioned by the court and ordered to pay $250 after the judge cited two similarly frivolous cases filed by Leatherby.
Leatherby’s lawsuit requested the federal court to transfer jurisdiction of a Yalobusha County Justice Court case to the United States District Court to ensure his constitutional and civil rights were protected in a case involving an ongoing dispute with his neighbor, William, Beard, Sr. Plaintiffs in addition to Yalobusha County in the federal lawsuit included Chancery Clerk Amy McMinn, justice court judges Trent Howell and Janet Caulder, deputy justice court clerk Lucinda Walton and Beard.
“We moved here five years ago and the above named people have filed false charges against me or conspired to,” Leatherby’s lawsuit states.
Magistrate Judge Roy Percy recommended the imposition of sanctions in the amount of $1,000 to deter further frivolous filings, along with dismissal of the case in his Report and Recommendation (R&R) filed on October 18.
“This is the third complaint that the plaintiff has filed in this court concerning a dispute with his neighbor in Yalobusha County, Mississippi.,” Magistrate Percy wrote in his R&R. “The previous two complaints sought money damages and other relief from Yalobusha County, its justice court judges, and other individuals as a result of the justice court’s alleged mishandling of the dispute.”
The two earlier cases cited by Magistrate Percy, Leatherby v. Howel (sic) and Leatherby v. Yalobusha County, were also dismissed for failure to state a claim and for lack of subject matter jurisdiction, according to court documents.
“Now it appears the plaintiff is facing criminal charges in Yalobusha County related to the dispute with his neighbor, and in the present complaint the plaintiff asks this court to ‘TAKE AWAY CASE FROM YALOBUSHA COUNTY FOR FAIR TRIAL.’ Percy’s R&R stated. “However, the plaintiff cites no federal statutory or constitutional provision conferring jurisdiction on this court to take over his state court criminal prosecution.”
Judge Mills entered an order on Nov. 28 adopting the recommendations in the R&R with the exception of the $1,000 sanction, instead lowering the amount to $250.
“This court finds that the recommended figure is too steep under the premises… the sanctions imposed are reduced to $250,” Judge Mills ordered.
The dismissal with prejudice means that Leatherby is banned from bringing an action on the same claim.
Yalobusha County Justice Court Case
The justice court case involving Leatherby was included as an exhibit in his federal lawsuit. In this case, Leatherby was a defendant after his neighbor, Beard, filed charges against him for stalking on August 18, 2023.
The case was initially scheduled for trial for Sept. 28, but was continued twice, first to October 30 and then to Nov. 30 with Panola County Justice Court Judge William Darby appointed to hear the case.
Beard did not appear in court on Nov. 30, and Darby dismissed the charge against Leatherby. Darby also cautioned that Beard could be sanctioned if he files additional, seemingly fraudulent charges.
“He decided not to show up,” Darby explained.
