Woman says she needed 2 surgeries when Coast police injured her after 911 call. She’s suing
.jpg)
A Waveland police officer has been accused a second time of using excessive force while responding to a call for help.
Jessica Ricard of family-owned business Ricard’s Painting in Waveland is suing Waveland police officers John Nelson and Patrick Crowe, and the city of Waveland, in U.S. District Court in Gulfport over their response to an emergency call in January 2020.
Ricard accuses the officers of using excessive force and conspiring to violate her constitutional right to protection against illegal searches and seizures.
Her lawsuit seeks unspecified damages to compensate for her injuries, punitive damages, attorney’s fees and court costs. Ricard also is asking a judge to bar the city from encouraging, or permitting use of, excessive force by its Police Department.
Nelson was one of seven Bay St. Louis police officers accused of using excessive force in 2016 against one of two brothers the police took to the hospital after a fight.
When one of the brothers mentioned “crooked cops” at the hospital, their lawsuit said, Nelson made sure his body camera was off and choked the man. While the brothers sought $3.6 million in actual and punitive damages, the terms of the 2018 settlement were not publicly released.
Ricard’s lawsuit refers back to that incident. The police officers and city of Waveland have denied harming Ricard.
Claims against Waveland, police officers
Her lawsuit describes what she says happened when the officers responded to a 911 call about a male wearing a gray hoodie and brandishing a firearm at Ricard’s Painting on U.S. 90.
Nelson and Crowe drew their weapons and told five people standing around a vehicle, including Jessica Ricard and her son Xavier, to walk toward the officers with their hands in the air, which they did. Nelson’s body camera was not recording, the lawsuit says.
The group was then told to get on the ground, complying with the order. Crowe then snatched Xavier, who was wearing a gray hoodie, from the ground and threw him against a vehicle. He searched Xavier, the lawsuit says, but did not find a weapon.
Ricard was recording with her cell phone. She also expressed her displeasure and concern over her son being detained and her vehicle possibly being searched. Worried about her son’s safety and her property, Ricard stood to start recording Crowe and Nelson. She sat back down when Crowe told her to, the lawsuit says.
Nelson soon told her to stand, arresting her on charges of disorderly conduct and failure to comply, the lawsuit says. She says Nelson grabbed her by the arm, and both officers threw her down and pinned her to the ground, seriously injuring her right knee. The officers have denied causing her injuries.
As a result of her injuries, Ricard says she has undergone two knee surgeries at a cost of more than $50,000 and will need additional treatment. She says the officers also forced her head into the concrete and mud, and searched her without cause.
“The conduct of the defendants was intentional, outrageous and demonstrated evil motive and a reckless or callous indifference to Jessica Ricard’s rights,” the lawsuit says, “thus entitling Jessica to punitive damages.”
Key dates in court case
The city of Waveland hired Nelson despite widespread publicity about the previous lawsuit filed against him for use of excessive force. Ricard’s lawsuit also says the city of Waveland has been sued at least nine times over the past decade for excessive use of force. The actions of city officials indicate they condone use of excessive force, the lawsuit says, and officers are left to believe they can get away with abusing residents with cameras turned off.
The lawsuit concludes: “They tackled, pinned down, and otherwise physically assaulted and battered Jessica Ricard when she was not resisting arrest or fleeing and when such use of force was objectively unreasonable.”
A settlement conference in the case is set for April 3. If the case is not settled, it is set for a jury trial before Judge Sul Ozerden for the court term beginning Aug. 5.
This story was originally published November 29, 2023 at 5:50 AM.
