United States District Court, S.D. Mississippi, Western Division
MEMORANDUM OPINION AND ORDER OF PARTIAL
BRAMLETTE UNITED STATES DISTRICT JUDGE
matter is before the Court, sua sponte, for
consideration of dismissal. Pro se Plaintiff Anthony
Duane Mills brings this action pursuant to 42 U.S.C. §
1983 and the Mississippi Wrongful Conviction and
Incarceration Act, Mississippi Code Annotated § 11-44-1.
The Court has considered and liberally construed the
pleadings. As set forth below, the Court holds that
Defendants Adams County Board of Supervisors; Adams County
Sheriff Department; State of Mississippi; Adams County;
Walter James Mackel; Matthew Will McConnelly; Deselle Davis;
Judge Patricia Dunmore; Anthony A. Heidelberg, also known as
Anthony H. Brewer; Jerry Brown; Stanley Searcy, Jr.; Tony
Nichols; Tim Cotten; Southwest Mental Health; Judge Jack
Lazarus; Judge Lillie Blackmon Sanders; Adams County Civil
Defense; Stan King; Latanya Renee Mackel; Shane Doherty;
Frank Smith; Merit Health; and Jackie Dennis should be
February 9, 2018, Plaintiff filed the instant action. At the
time, he was detained at the Adams County Jail, awaiting
trial for felon in possession of a weapon. He alleges that he
also has a pending aggravated assault charge. The twenty-nine
Defendants include Adams County and its employees; the State
of Mississippi; State Judges and prosecutors; Plaintiff's
former defense counsel; two hospitals; a Ferriday, Louisiana
police officer; and a postal worker. Generally,
Plaintiff's claims stem from a series of police
encounters and judicial proceedings and an alleged sexual
Plaintiff complains about a series of police encounters. On
June 2, 2015, Plaintiff contends Defendant Adams County
Deputies Walter James Mackel and Matthew Will McConnelly
subjected him to excessive force during an arrest. Plaintiff
claims they did so because he was in an interracial marriage.
As a result Plaintiff asserts his ear was partially severed
but was sewn back on at Defendant Merit Health Hospital.
According to him, “an associate” told him two
years later that Mackel had placed a microchip in his ear at
the time of this incident:
because he didn't want to get caught at my house with my
ex-wife. I was told this chip came from the Marines
during Mackel's last tour in combat. My
associate told me that I was being put all over
Facebook via the chip and everyone could see every
thing [sic] I do. It's called a mind control chip,
ocular or nano implant. If you search it online,
it's been done before to people around the world. The
federal court calls it gang stalking and
Resp. at 15.
on March 3, 2016, Defendant Adams County Sheriff Travis
Patten allegedly tased Plaintiff at his home, when he
following May, Plaintiff asserts that Defendant Stanley
Searcy, Jr., an investigator with the Sheriff's
Department, attempted to kill Plaintiff with a Taser. When
Plaintiff was later arrested, Defendant Major Shane Doherty,
of the Adams County Metro Narcotics Unit, allegedly told him,
“I heard we lost . . . a micro-chip and I need to get
it back.” Id. at 14-15.
next encounter occurred on November 17, 2016. While at his
mother's house, Plaintiff alleges Defendant Deputies Lee
Best and Delayne Bush arrested him without a warrant or court
order. Id. at 10. However, Plaintiff elsewhere
claims that they arrested him based on a civil commitment
order from the Adams County Chancery Court. Id. at
4. Allegedly Bush falsely accused Plaintiff of pointing a gun
on them during the arrest.
on June 6, 2017, Plaintiff claims he was cleaning up limbs,
at the bottom of a hill, behind his house, when he was bitten
by a dog, described as a “viscious [sic] K-9.”
Id. at 12. Defendant Deputies Dustin Mingee and
Dustin Smith subsequently ran down the hill, allegedly, and
arrested Plaintiff without a warrant.
Plaintiff complains about judicial cases against him, which
include criminal charges and a civil commitment. The first
concerns an assault charge. Plaintiff accuses Defendant
Deselle Davis, the bailiff with the Adams County Justice
Court, of “writing up fake charges against [Plaintiff]
with . . . only accusations” of a crime being
committed. Id. at 3. Specifically, on July 29, 2016,
Davis is accused of accepting and filing a complainant's
affidavit, charging Plaintiff with simple assault. 2d Am.
Compl. Ex. [11-2]. This charge was later enhanced to
aggravated assault, and he was bound over to the grand jury.
2d Am. Compl.  at 1. The enhancement was allegedly the
result of Defendant Assistant District Attorney Anthony A.
Heidelberg's advice to the prosecutor working the assault
addition to being a state prosecutor, Heidelberg allegedly
represented Plaintiff's ex-wife in her and
Plaintiff's divorce. He contends the divorce was final on
January 25, 2017. Heidelberg purportedly had him arrested on
January 1, 2017, on the charge of felon in possession of a
weapon, so he could not be present for the divorce
proceedings. Plaintiff contends, “[a]s Assistant
District Attorney in November 2016 until he took the
Municipal Court Judge seat, ” Heidelberg allegedly had
“pushed the weapon charge through” the court
system. Resp. at 4. Plaintiff had been accused of pointing a
gun at deputies, on November 17, 2016. Plaintiff was then
sent to a mental hospital. Once released, Defendant Major
Jerry Brown of the Sheriff's Department, allegedly signed
an arrest warrant for Plaintiff, on December 27. He was
arrested on January 1, 2017 and later indicted.
Timothy Blalock formerly represented Plaintiff in the pending
weapon case. He alleges that Blalock worked with the Court
and Sheriff to put Plaintiff in prison or an insane asylum.
He accuses Blalock of taking “a bribe in the form of
cash or the deed to his property from the Sheriff and/or . .
. Heidelberg . . . to not do anything for me.”
Id. at 7-8.
Judge Lillie Blackmon Sanders presides over the felon in
possession case. Plaintiff alleges that she is biased and
ignored his motions. He also complains that she has ordered a
Plaintiff sues Justice Court Judge Patricia Dunmore, for
signing a warrant for “fake charges.”
Id. at 3. She and Defendant Assistant District
Attorney Tim Cotten are then accused of remanding two
cyberstalking and one telephone harassment charge against
Plaintiff, rather than acquitting him, in December of 2017.
He maintains that Judge Dunmore was motivated by his former
interracial marriage and claim that Deputy Mackel had
the criminal cases, Plaintiff also faced a civil commitment.
Because of this, he sues Judge Jack Lazarus for ordering that
he be involuntarily committed to the State Mental Hospital in
2016. Plaintiff claims he was committed because of his sexual
assault accusation against Deputy Mackel.
final set of claims stem from Plaintiff's allegation of
sexual assault. Basically Plaintiff alleges that some have
failed to investigate this claim and others have mistreated
him after he made the claim. Plaintiff first contends that
Defendant Adams County Civil Defense of the Sheriff's
Department, “did not respond . . . for 30 seconds,
” when Plaintiff called 911 to report the alleged rape
on March 3, 2016. Id. at 10. Defendant Jackie Dennis
is alleged to be Deputy Mackel's mother and to have
worked in dispatch on this date. Investigators Brown and
Searcy and Captain Nichols are also accused of refusing to
investigate Plaintiff's claim. In addition Plaintiff
asserts Nichols threatened to mace him if he ever accused
Deputy Mackel again and that he left Plaintiff in a cell for
several days. He contends that Defendant Southwest Mental
Health “keeps trying to make me be crazy, ” since
he reported the alleged rape. Id. at 8. Defendant
Stan King of the Ferriday Police Department is accused of
trying to frame Plaintiff for murder, in retaliation for
reporting the alleged attack. Finally, Deputy Mackel's
ex-wife, Defendant Latanya Renee Mackel is alleged to work at
the Post Office in Natchez. Plaintiff contends she is
tampering with his mail, in order to keep Deputy Mackel from
getting in trouble.
these claims were previously filed in other civil actions and
were pending at the time this case was filed. For instance,
the June 2, 2015 excessive force claim was raised against
Deputy Mackel and McConnelly in Mills v. Mackel,
civil action number 5:17cv135-KS-MTP, which is still pending.
A microchip claim against Deputy Mackel was raised in the
same case. Mills v. Mackel, 5:17cv135-KS-MTP
(S.D.Miss. Mar. 26, 2018). The tasing claim was first raised
against Searcy in Mills v. Patten, civil action
number 5:17cv110-DCB-MTP, and again in Mills v.
Searcy, civil action number 5:17cv127-KS-MTP, which are
both still pending. The sexual assault claim appears in
Patten and Mackel. Mackel,
5:17cv135-KS-MTP (S.D.Miss. Mar. 6, 2018); Mills v.
Patten, 5:17cv110-DCB-MTP (S.D.Miss. Nov. 28, 2017).
Plaintiff's failure to investigate claims and
Nichols's alleged actions are pending in Patten.
Id. Plaintiff also previously raised the claim
against King in Mills v. Ware-Mills, cause number
now proceeds in this case, specifically invoking § 1983.
He claims excessive force, racial discrimination, unlawful
searches and arrests, sexual assault, failure to investigate,
retaliation, and mail tampering. He also complains of the
state judicial proceedings. He further sues Sheriff Patten,
the Sheriff's Department, and the County for the alleged
discrimination, since they employ some of the other
Defendants. Plaintiff sues the State, under § 1983,
because he contends the Sheriff sometimes represents the
State, and, under § 11-44-1, for wrongful incarceration.
Finally, Plaintiff sues Frank Smith of the Narcotics Unit but
does not allege any facts against him. On April 18, 2018,
Plaintiff moved to voluntarily dismiss the Adams County Board
Prison Litigation Reform Act of 1996, applies to prisoners
proceeding in forma pauperis in this Court. The
statute reads, in pertinent part, “the court shall
dismiss the case at any time if the court determines that . .
. the action . . . (i) is frivolous or malicious; (ii) fails
to state a claim on which relief may be granted; or (iii)
seeks monetary relief against a defendant who is immune from
such relief.” 28 U.S.C. § 1915(e)(2)(B). The
statute “accords judges not only the authority to
dismiss a claim based on an indisputably meritless legal
theory, but also the unusual power to pierce the veil of the
complaint's factual allegations and dismiss those claims
whose factual contentions are clearly baseless.”
Denton v. Hernandez, 504 U.S. 25, 32 (1992).
“[I]n an action proceeding under [28 U.S.C. §
1915, a federal court] may consider, sua sponte, affirmative
defenses that are apparent from the record even where they
have not been addressed or raised.” Ali v.
Higgs, 892 F.2d 438, 440 (5th Cir. 1990).
“Significantly, the court is authorized to test the
proceeding for frivolousness or maliciousness even before
service of process or before the filing of the answer.”
Id. The Court has permitted Plaintiff to proceed
in forma pauperis in this action. His Complaint is
subject to sua sponte dismissal under § 1915.
brings this action, specifically invoking § 1983 and the
state Wrongful Conviction and Incarceration Act. His claims
arise from police encounters, judicial proceedings, and his
sexual assault allegations. He sues the County and its
employees, the State and its Judges and prosecutors, private
parties, a Louisiana police officer, and a postal worker.
County and its Employees
The County, Board of Supervisors, and Sheriff's
Court first addresses the claims against Adams County, its
Board of Supervisors, and Sheriff's Department. As Mills
moves to voluntarily dismiss the Board of Supervisors, it
will be dismissed. This leaves the Sheriff's Department
and the County, sued, under ...