Jackson man claims JPD officer broke his hip during false arrest. Council approves settlement

The City of Jackson has settled a lawsuit filed by an elderly resident who claims to have broken his hip after being thrown to the ground and falsely arrested by an officer with the Jackson Police Department.

On Tuesday, the Jackson City Council voted to approve the settlement of $15,000 with Robert Chambers, a Jackson resident who sued the city, as well as JPD Officer Kenneth Short, for damages.

This was the second of two settlements the council approved during their meeting.

Short is no longer a member of the Jackson Police Department, according to master file of JPD employees the Clarion Ledger reviewed after submitting a public records request.

Here's what happened

In May 2017, Chambers, who was 70-years-old at the time, was unknowingly followed in his pick-up truck by Short to his home in Jackson, according to a copy of the lawsuit the Clarion Ledger reviewed after submitting a public records request.

"Without justification, Officer Short then rushed to the driver's side door of Mr. Chambers' pickup, yelling and acting aggressively towards Mr. Chambers," the lawsuit states. "Again without justification, Officer Short then forcefully opened the door to the truck, grabbed the elderly Mr. Chambers from the driver's seat, and violently threw Mr. Chambers to the ground. In doing so. Officer Short shattered Mr. Chambers' hip."

After, according to the lawsuit, another responding officer called an ambulance for Chambers. He was taken to Central Mississippi Medical Center and "diagnosed with the life-altering injury to his hip."

Speaking to council members about the settlement, City Attorney Drew Martin said Short and other JPD officers saw Chambers and others at a gas station and "believed they might be drinking, smoking marijuana (and) asked them to disperse."

"What Mr. Chambers said happened was that Officer Short followed him to his house, got out of his car, stormed up to Mr. Chambers pick-up truck on the driver side, pulled him out of his truck, slammed in on the ground which resulted in him breaking his hip," Martin said. "He was later charged with three or four minor traffic citations. He was not charged with DUI, which was what Officer Short said he was investigating."

According to Chambers' lawsuit, he was issued citations for failure to yield, not having a driver's license, driving on the wrong side of the road and failure to present proof of insurance. All citations were dismissed.

Chambers sued the city and Short for a violation of the Fourth Amendment, which protects citizens from unreasonable seizures and the use of excessive force. He also sued for negligence, assault and battery, false imprisonment and negligent and/or intentional infliction of emotional distress.

The case was first filed in state court, but moved to federal court, Martin said. Attempts were made by both city attorneys and Short's personal attorneys to get the case dismissed, but that was not granted. Chambers then demanded a trial by jury.

"So, this is one of these business decisions settlements," Martin said. "I think the city's chances are maybe 50/50 in court ... We can settle for $15,000. One hundred percent that is going to be less than we'll pay the attorneys to defend him (Short), not to mention any potential judgments or so forth. So that's the reason we recommend the settlement."

Ward 5 Councilman Vernon Hartley asked Martin if Chambers was also in agreement for the settlement. Martin confirmed Chambers agreed to the settlement. It was approved in an unanimous vote by the council.