Two different court rulings were handed down recently – one in district court and one by the state court of appeals – both in the favor of the City of Hattiesburg.
Hattiesburg attorney Clark Hicks represented the city in both matters.
The first case involved an appeal by Clint Breland, a Hattiesburg Police officer terminated in 2015 after he was accused of a wide range of misconduct – including having an ongoing sexual relationship with a 16-year-old girl he had pulled over on a traffic stop.
During an internal investigation, it was determined that, among other things, Breland had used his position as a police officer to dismiss traffic citations issued to the teen by other officers. Following a polygraph examination – which Breland allegedly failed – he was terminated on grounds of “untruthfulness, conduct unbecoming of an officer, neglect of duty, and abuse of city time,” among other reasons.
Following his termination, Breland appealed his termination to the city’s Civil Service Commission, which ruled in favor of the city. Subsequent appeals by Breland to the Forrest County Circuit Court and later to the state Court of Appeals also sided with the city.
In his ruling, District Judge Keith Starrett granted the city’s motion for summary judgment and rejected Breland’s claims against all the defendants – including the City of Hattiesburg, Jon Traxler, former Hattiesburg Police Chief Frazier Bolton, former assistant police chief Frank Misenhelter and Billy Lang.
The second case involved an appeal by former Hattiesburg Municipal Court Clerk Sharon Mark, who served in that role from 2004 until 2013 when she was reassigned after allegations of impropriety surfaced against her and several deputy clerks she supervised.
In response to the reported misconduct, the Hattiesburg Police Department conducted an internal investigation and four court employees were disciplined – including Mark, who was suspended with pay and ordered to pay the City $300 in restitution for her alleged involvement in waiving an expungement fee for an acquaintance.
Mark filed a grievance letter with her supervisor, Bolton, in which she contested the disciplinary action against her and denied any wrongdoing.
Bolton upheld her suspension – as did then-Mayor Johnny DuPree, who then reassigned Mark to the city’s housing department.
In June 2013, Mark filed a lawsuit in circuit court against the city, the mayor, and the entire City Council, which then consisted of Kim Bradley, Deborah Delgado, Carter Carroll, Dave Ware, and Henry Naylor. In her suit, Mark alleged they collectively slandered her and violated her right to privacy. Specifically, Mark alleged DuPree and members of the city council publicly characterized her as a “criminal, a corrupt individual, and incompetent.”
In July 2016, the circuit court conducted a five-day jury trial on Mark’s claims and ruled in favor of the city.
After reviewing the case and hearing arguments by attorneys representing the city and Mark, the state Court of Appeals ruled in favor of the city and affirmed the circuit court’s decision.
