IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
OTIS ASHFORD
and DELL JONES
v.

PLAINTIFF
CIVIL ACTION NO.1:09-CV-811-LG-RHW

CITY OF MOSS POINT; MOSS POINT OFFICER
JOHNNY VAUGHN, in his official and individual capacities;
MOSS POINT OFFICER BRANDON ASHLEY, in his
official and individual capacities; MOSS POINT OFFICER
MICHAEL UPCHURCH, in his official and individual capacities

DEFENDANTS

PRE-DISCOVERY DISCLOSURE
OF CORE INFORMATION BY PLAINTIFFS OTIS ASHFORD AND DELL JONES
Pursuant to Uniform Local Rules of The United States District Court for the Northern and
Southern Districts of Mississippi 26.1 (a) and the Civil Justice Expense and Delay Reduction
Plan adopted by this Court, the Plaintiffs, Otis Ashford and Dell Jones, make the following
disclosures:
A. The name and, if known, the address and telephone number of each individual likely to
have discoverable information relevant to the claims asserted. Otis Ashford has, to date,
identified the following persons:
1.

Otis Ashford
Plaintiff can be contacted through counsel

Mr. Ashford is one of the Plaintiffs and has knowledge of the allegations contained in the
Complaint. Ashford has knowledge of visiting his sister’s home and Defendants Vaughn and
Defendant Upchurch coming into his sister, Dell Jones’ home without provocation and being
beaten by Defendants Vaughn and Upchurch.
2.

Dell Jones
Plaintiff can be contacted through counsel

 Ms. Jones is one of the Plaintiffs and has knowledge of the events that took place at her
home on April 18, 2008. Ms. Jones witnessed the Defendants Vaughn and Upchurch macing,
beating, and tasing her brother, Otis Ashford. Ms. Jones was concerned for her brothers welfare
and frantically made a 911 emergency .call to the Moss Point Police Department screaming,
“they’re trying to kill my brother!”.
3.

Rosa Ashford
Spouse of Plaintiff Ashford

Mrs. Ashford witnessed her husband’s condition after being beaten By Defendant Vaughn
Upchurch and Ashley.
4.

Officer Johnny Vaughn
City of Moss Point Police Department
4412 Denny Street
Moss Point, MS 39563

Officer Vaughn has knowledge of the events that took place on April 18, 2008 at the
home of Dell Jones that are detailed in the Complaint. Office Vaughn has knowledge of coming
onto the enclosed porch of Dell Jones and attacking Mr. Ashford as well beating and ordering
Officer Ashley to tase Mr. Ashford to the point he was unconscious and needed medical attention
that required a two night stay at hospital.
5.

Officer Micheal Upchurch
City of Moss Point Police Department
4412 Denny Street
Moss Point, MS 39563

Officer Upchurch has knowledge of the events that took place on April 18, 2008 at the
home of Dell Jones that are detailed in the Complaint. Officer Upchurch has knowledge of
spraying pepper or chemical spray upon Mr. Ashford and Ms. Jones after Officer Vaughn
attacked Mr. Ashford and then repeatedly striking Mr. Ashford who was not resisting with his
radio.
6.

Officer Brandon Ashley
City of Moss Point Police Department
4412 Denny Street
Moss Point, MS 39563

Officer Ashley has knowledge of the events that took place on April 18, 2008 at the home
of Dell Jones that are detailed in the Complaint. Officer Ashley has knowledge of Officer
Vaughn instructing him to tase Mr. Ashford and him doing so four times ending with Mr. Ashford
losing unconscious.



 7.

City of Moss Point
4412 Denny Street
Moss Point, MS 39563

Defendant City of Moss Point has knowledge of Officer Vaughn’s behavior while
employed with the City of Moss Point and failed to prevent the continuous problems. The City
of Moss Point has knowledge of the recommendation for Vaughn’s termination made by Chief
Gaston prior to the incident involving Ashford and Jones. The City has knowledge of Chief
Gaston’s recommendation for termination following the incident involving Ashford and Jones
via written findings. City of Moss Point has knowledge of receiving a written request for
placement on the May 20, 2008, 7:00 pm, Alderman Meeting from Rosa Ashford and Defendants
Ashford and Jones.
8.

Mayor Xavior Bishop
City of Moss Point
4412 Denny Street
Moss Point, MS 39563

Former Mayor Bishop has knowledge of the former Moss Point Police Chief Fredrick
Gaston recommending that Defendant Vaughn be terminated in his January 25, 2008
memorandum requesting an Emergency Executive Session of Board of Alderman as well as what
transpired at said Board Meeting after Chief Gaston recommended Vaughn for termination.
Bishop has knowledge of other complaints brought against Vaughn.
9.

Lillie Ashford
Moss Point, MS 39563

Lillie Ashford was present the night of the incident in question and has knowledge of
Defendant Vaughn raising his hand to strike her while threatening to hit her after asking about
her son, Mr. Ashford as well as how her son was drug to the cruiser after becoming unconscious
and how her daughter, Dell Jones also passed out.
10.

EMT personnel from scene at Jones home and
Moss Point PD. Not currently known.

11.

Medical providers for Jones and Ashford
To be supplemented when receive medical records and bills

12.

Unknown witnesses at scene of Jones home on the night in question
To be supplemented as they may become known

The aforementioned unknown individuals may have relevant knowledge regarding
medical treatment and conditions of Plaintiffs as well as witness to events of the evening.



 Any witness identified by the Defendant’s may also have relevant knowledge to this
action.
Plaintiff reserves the right to supplement this disclosure with additional witnesses as they
become known through the discovery process or otherwise.
B. A copy of, or a description by category and location of all documents, data compilations,
and tangible things that are in the possession, custody, or control of the party that are
relevant to the claims asserted.
Based upon the information known to date, Otis Ashford and Dell Jones identify
the following:
1.

Attorney Kristy L. Bennett’s Notice of Appearance in the Ashford criminal
matter;

2.

Defendant Vaughn’s personnel file which is in the custody of Defendant;

3.

Defendant UpChurch’s personnel file which is in the possession of the Defendant;

4.

Dell Jones’ April 18, 2008, Citizen Complaint Report on Johnny Vaughn;

5.

Richard McBride’s December 23, 2007, Citizen Complaint Report on Johnny
Vaughn;

6.

Lillie Ashford’s April 18, 2008, Citizen Complaint Report on Johnny Vaughn;

7.

Ricky McBride’s December 23, 2007, Citizen Complaint Report on Johnny
Vaughn;

8.

Rubby Reeves’ October 10, 2007 , Citizen Complaint Report on Johnny Vaughn;

9.

Tremayne Harris, April 15, 2008, Citizen Complaint Report on Johnny Vaughn;

10.

Jennifer Woodland’s August 23, 2007, Citizen Complaint Report on Johnny
Vaughn;

11.

Christopher Thompson’s February 5, 2008, Citizen Complaint Report on Johnny
Vaughn;

12.

February 12, 2008, memo from Officer Johnny Vaughn to Detective Sgt. Jeff
Smith;

13.

Letter to Tenesha McLendon from Detective Sgt. Jeff Smith regarding her
excessive force complaint on Officer Johnny Vaughn;


 14.

July 16, 2007, Narrative form from Underwood regarding Ricky Hyde complaint
on Officer Johnny Vaughn;

15.

April 18, 2008 Offense Form from Officer Johnny Vaughn;

16.

April 18, 2008 Use of Force Report from Officer Brandon Ashley’s;

17.

April 18, 2008 Narrative Form from Office Vaughn from the April 18, 2008
incident;

18.

Suspect Report from Officer Vaughn;

19.

April 18, 2008 Use of Force Report from Officer Upchurch;

20.

January 4, 2008 Memorandum from Chief Fredrick Gaston to Officer Vaughn
regarding Improper/Expired Tag on Personal Vehicle;

21.

April 18, 2008 Use of Force Report from Officer Upchurch’s;

22.

January 25, 2008 Memorandum to Mayor Xavier Bishop from Interim Chief Fred
Gaston regarding Officer Johnny Vaughn;

23.

Employee Warning in regards to Officer Johnny Vaughn regarding Expired Tag

24.

January 18, 2008 Memorandum to Officer Johnny Vaughn from Interim Chief
Fred Gaston informing Officer Vaughn of the Letter of Reprimand and demotion
to Patrol Officer;

25.

Investigative Report by Investigative Officer, Robert Lambeth

26.

June 16, 2008 report to Mayor Xavier Bishop from Interim Chief Fred Gaston
regarding Officer Johnny Vaughn arrest of Otis Ashford with attachments;

27.

Employee Warning in regard to Officer Johnny Vaughn regarding comments made
to a reporter;

28.

M. Meiselbach’s Narrative Form regarding Officer Johnny Vaughn’s improper
parking;

29.

Officer Michael Upchurh’s Narrative Form regarding a conversation held with
Officer Johnny Vaughn;

30.

Corporal T. Dees’ Narrative Form regarding Officer Johnny Vaughn’s improper
parking;



 31.

Officer D. Sullivan’s Narrative Form regarding Officer Johnny Vaughn’s
conversation with him;

32.

Officer Barry Clark’s Narrative Form regarding Officer Johnny Vaughn’s
appointment to the Chief of Police;

33.

Medical records of Otis Ashford relating to the April 18, 2008 incident with the
Moss Point Police Department

34.

Audio recording of January 24, 2008 meeting with Mayor Bishop, Officer
Vaughn, Chief Gaston, and unknown person;

35.

Audio recording of January 25, 2008 meeting with Mayor Bishop and others;

36.

Audio recording of February 21, 2008 meeting with Mayor Bishop, Chief Gaston,
and others;

37.

Audio recording of April 28, 2008 meeting with Mayor Bishop, Chief Gaston;

38.

Audio recording of February 12, 2008 meeting with Officer Vaughn and Chief
Gaston;

39.

Audio recording of January 17, 2008 telephone call with Officer Vaughn and
Chief Gaston;

40.

Audio recording of January 18, 2008 telephone call with Officer Vaughn and
Chief Gaston with Officer Vaughn threatening Chief Gaston;

41.

Audio recording of February 5, 2008 meeting with Officer Vaughn and Chief
Gaston regarding expectations after the meeting;

42.

Audio recording of January 22, 2008 of Officer Vaughn’s Grievance;

43.

Audio recording of January 4, 2008 meeting with Officer Vaughn and Chief
Gaston regarding Officer Vaughn’s expired tag;

44.

Audio recording of meeting with Officer Vaughn and Human Resources regarding
his grievance;

45.

Audio recording of Dell Jones’ 911 emergency call on April 18, 2008;

46.

Otis Ashford’s Appearance Bond for Court;

47.

Newspaper article in The Mississippi Press on the April 18, 2008 incident at Dell
Jones’ home; and


 50.
C.

Defendant Ashley’s personnel file which is in the possession of the Defendant.

Computation of Damages:

Plaintiff is asserting a claim for reinstatement, front pay, lost benefits, and back pay.
Also, a claim is sought for compensatory damages as well as attorney fees, costs, and interest.
Plaintiff will supplement his specific claim for damages once discovery is complete.
* This total is an estimate and will be supplemented when the actual bills are received and a copy
will be provided to Defendants.
**This Grand Total does not include any amount for punitive damages to which Plaintiff may be
entitled.
D.

Insurance
Plaintiff is unaware whether any insurance policies provide coverage for any

claims asserted by Plaintiff.
THIS the 12th day of April, 2010.
Respectfully submitted,
/s Kristy L. Bennett
KRISTY L. BENNETT (MB# 99525)
OF COUNSEL:
American Civil Liberties Union of MS
753 N. Congress Street
P.O. Box 2242
Jackson, MS 39225-2242
kbennett@aclu-ms.org



 CERTIFICATE OF SERVICE
I, Kristy L. Bennett, attorney for the Plaintiff, do hereby certify that I have this day
served via ECF filing or by United States mail, postage prepaid, a true and correct copy of the
above and foregoing document to the following counsel of record:
Amy Lassitter St. Pe`
Nathan A. Bosio
Dogan & Wilkinson, PLLC
P.O. Box 1618
Pascagoula, MS 3956-1618
THIS the 12th day of April, 2010.
/s Kristy L. Bennett
KRISTY L. BENNETT