United States District Court, S.D. Mississippi, Southern Division
THEODORE WILLIAMS et al. PLAINTIFFS
GARY HARGROVE et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
STARRETT, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Motion to Exclude the
Proposed Expert Testimony of Richard T. Campbell
(“Motion to Exclude) filed by Defendants Gary
Hargrove, the Harrison County Board of Supervisors, and
Harrison County, Mississippi. After considering the
submissions of the parties, the record, and the applicable
law, the Court finds that this motion is well taken and
should be granted.
Theodore Williams, Lockett Williams Mortuary, Inc., Ricky
August, Lasha August, Jonathan August, Richmond-August
Funeral Home, Inc., Eddie Hartwell, Hartwell & Family
Funeral Home, LLC, Anthony Marshall, Gina Marshall, Marshall
Funeral Home, Pamela Dickey, Dickey Brothers Memorial Funeral
Home, LLC, Helen Evans, and J.T. Hall Funeral Home, Inc.
(collectively “Plaintiffs”) are a group of
funeral homes and their owners, all of whom are black and
located in Harrison County. On July 18, 2016, Plaintiffs
brought this action against Defendants Gary Hargrove
(“Hargrove”), Harrison County Board of
Supervisors (the “Board”), and Harrison County,
Mississippi (the “County”) (collectively
“Defendants”), alleging that Defendants
discriminated against them by favoring the services of
white-owned funeral homes over them. They bring federal
claims under Title VI and 42 U.S.C. §§ 1981 and
1983, as well as multiple state law claims.
filed their Motion to Exclude  challenging Dr. Richard
T. Campbell (“Dr. Campbell”) on October 16, 2017.
Dr. Campbell's expert opinion is based on a statistical
analysis of several spreadsheets provided to him by
briefing was complete on the Motion to Exclude , the
Court ordered a hearing as to the admissibility of Dr.
Campbell's expert testimony. (See Order
.) That hearing was held on February 7, 2018,
and parties were given until February 14, 2018, to file
supplemental briefing. After considering the arguments and
evidence offered at the hearing and in the briefing, the
Court is now ready to make its ruling.
Standard of Review
motion before the Court challenge the admissibility of expert
testimony and opinions under Federal Rule of Evidence 702 and
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509
U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).
admissibility of expert testimony is governed by F.R.E. 702,
witness who is qualified as an expert by knowledge, skill,
experience, training, or education may testify in the form of
an opinion or otherwise if:
(a) the expert's scientific, technical, or other
specialized knowledge will help the trier of fact to
understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and