Early this month Judge Ozerden issued a ruling in the Marquar lawsuit against Bay St Louis, Mayor Mike Favre and Lonnie Falgout which dismissed the Marquar claims against Mike Favre and Lonnie Falgout in their official capacities as well as the punitive damages claims against the City. Since the denials to the motion to dismiss appear predicated on Marquar filing an amended complaint, to which more 12(b)6 Motions to Dismiss will certainly filed the case looks to be staying in its earliest stages for some time to come.
I’m still wondering why in the hell Double D has been sued because I did not see any specific allegations against him in Reed’s complaint as he was simply lumped in with Tommy Scafer and the rest like he was a City official. It won’t take Perry Mason to get Dwayne out of Reed’s Section 1983 civil suit.
How much money did or will Reed or his lawyer spend using a process server to get the defendants their copy? Some defendants essentially waive service so a process server isn’t needed but with this many defendants I never understand why the local bar doesn’t use the Rule 4(d) waiver process more often. A defendant that waives service of a summons would certainly sign the Rule 4 Waiver and get a bit more time to respond while those that don’t get stuck for the cost of not playing nice.
Even more interesting is the social media chatter locally, with public opinion seemingly split with a healthy percentage of those commenting thinking the arrest is retaliation against Marquar for filing a 42 U.S.C. Section 1983 lawsuit against the City of Bay St Louis, Mayor Mike Favre and former Councilman Lonnie Falgout. Such is a reasonable conclusion from reading Stacey Cato’s story because about two thirds of it rehashes Marquar’s civil suit against the City, which was filed last month in Federal court. The story also did not name the person who swore the complaint against Marquar, ostensibly because Don Bass of HCSO refused to name the lady, whose name did appear on Facebook.
As most of you are aware I have been and will continue to be a critic of the lack of code enforcement, ADA Compliance Laws, architectural protocol and controls by The City of Bay St. Louis’ Code Enforcement within our Bay St. Louis Building Department.
Since 2005 many governments, organizations and especially our citizens have been “bilked” out of hundreds of millions of dollars by unscrupulous “contractors and individuals” that promised “we’ll help your recovery” giving “trust me” assurances. We should have learned a valuable lesson! But unfortunately folks, the problem is still thriving and hurting our constituents. We as legislators from Jackson to local Council and Alderman board rooms must put in, enact and pass laws to protect our citizens. From simple jobs to building homes, our expectations must be of the highest standard of accountability for all. Constractors should be licensed, bonded, insured and in good standing or we will force them and prosecute according with our laws. We should not accept anything but quality work.
As for the aggression incident on January 24, 2017, I as a Councilman and/or as a private citizen, did not knowingly or willfully place my hands on Mr. Marquar as alleged. I have and will continue to consult with our City Attorney, Police Chief, City Prosecutor and my personal attorney on the options available to me as a Councilman and as a individual to resolve this matter within the justice system.