By Rupert Howell

Federal Judge Michael Mills ruled last week to alter a judgement of the Sally Simmerman, et al. versus City of Batesville case, removing the portion of the motion which stated policemen violated a minor plaintiff’s constitutional rights.

The city had agreed to a judgment of approximately $53,000 in a lawsuit brought against the city, BPD Patrolman Greg Jones and BPD Sgt. Shawn Dalton by the Simmermans on behalf of their minor child who they alleged had been wrongly arrested Halloween night 2011 at Walgreens in Batesville. The minor was never charged.

Following the incident, Batesville Police Chief Tony Jones said that an internal investigation conducted revealed that the patrolman was within the law when making the arrest. Jones remains in his position and Dalton recently left the department.

But the U.S.District court in Oxford dismissed the case February 29, only  after a settlement was reached that awarded the Simmermans approximately $53,000.

“The defendants (the City of Batesville) now move to alter the judgment, arguing that they do not admit guilt of any constitutional violations,” the recent order dated May 2 claims.

The order further explained that plaintiffs argued that the judgment was approved by defendants prior to submission to the court and as proof submitted copies of emails exchanged between parties’ attorneys.
The court found that there was no clear approval or objection to the proposed judgement noting that attorneys exchanged several emails that included copies of the proposed judgement.

“ … However, as confusion remains between the parties on this issue, it appears that the proposed judgment was never agreed to or approved,” the court order states and ends, “ … the court finds that the motion to alter the judgement is granted.”