For the second time in a week, McComb Mayor Zach Patterson finished on the losing side of a lawsuit.
U.S. District Judge William H. Barbour on Thursday dismissed the mayor’s 34-count lawsuit, which sought $1.5 million from selectmen Danny Esch, Wade Lamb, Bobby Maddox and E.C. Nobles, and civil service commissioners Don Lazarus, Izeal Bennett and Larry Dorr.
The lawsuit, filed in July 2009, also sought an injunction preventing the enactment of amendments to four city ordinances, which the board approved by a 4-2 vote on June 9, 2009. At the time, Patterson accused the selectmen of trying to change the character of the city charter without a public vote.
The suit’s charges included conspiracy to interfere with civil rights, First Amendment violations, violations of the Racketeer Influenced and Corrupt Organizations Act, harassment, slander and libel, violations of the state Open Meetings Act and perjury.
“This was an evil power play,” Lazarus said this morning. “It was an attempt to intimidate and say, ‘If you don’t get into line and let me do as I please, you risk losing everything you’ve worked your entire life for.’
“There was a real possibility of personal and financial and political loss to the point of devastation,” Lazarus said of himself and his co-defendants. “They were willing to stand up to tyrannical gesturing and say, ‘We will not let wrong go unchecked. We will not let innocent people be destroyed without protest.’ ”
In his ruling, Barbour wrote that the mayor’s “claims arising under the Voting Rights Act are dismissed with prejudice,” meaning the claims cannot be brought up again later.
However, the remaining claims were dismissed without prejudice, and may be brought up in the future.
Patterson’s suit alleged the changes to the charter “constitute a change in the practice, procedure and standards with respect to voting within the meaning” of the Voting Rights Act.
It also alleged that the defendants “have historically demonstrated a course of racism and due process violations toward the city’s first black mayor.”
Two of the defendants, Bennett and Nobles, are black.
“I’m just glad this ordeal is over with,” Nobles said. “Hopefully this’ll be the first step in the direction for the city of McComb to heal with the new administration.”
Bennett added, “I’m glad none of us got tied up in it. It was a decision for all of us, not just civil service but the entire city of McComb. I’m just proud of it.”
“I am relieved the lawsuit has been dismissed, knowing it had no basis,” Dorr said. “I think it would point out that Zach Patterson might’ve been a military genius, but he was certainly lacking legal expertise.
“With a new and positive administration, maybe McComb can move forward and take advantage of its resources to improve the citizens’ quality of life.”
Selectman Wade Lamb also expressed relief, saying “I’m glad it’s over.”
Details in the court’s ruling reveal the dismissal was largely due to to inaction on the mayor’s part.
According to Barbour’s ruling, U.S. Magistrate Judge Linda R. Anderson entered an order on Oct. 18 allowing attorney Charles Miller to withdraw as the mayor’s attorney.
The ruling further reads that “Patterson was granted two weeks within which to either retain private counsel and have that attorney enter a written appearance, or notify the Clerk of Court in writing that he would proceed to represent himself” in the case.
On Nov. 9, eight days after the initial deadline, the deadline was extended to Dec. 6, and “Patterson was specifically warned that a failure to comply with the Order within the prescribed period of time would result in the dismissal of his lawsuit,” Anderson wrote.
To date, the ruling reads, Patterson hasn’t informed the court of his intent to represent himself, and the mayor “failed to comply with Judge Anderson’s order.”
Last week, the Mississippi Supreme Court rejected the mayor’s appeal of his lawsuit against the city board over a special called meeting held in August 2009 due to the mayor’s “failure to pay the costs of appeal.”
Patterson could not be reached for comment this morning.
