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Federal Lawsuit Dismissed Against Judge, DA; Still Pending Against Sheriff, Other Officials
September 23, 2010
A federal judge has dismissed two Escambia County (Ala.) officials from an unlawful arrest lawsuit involving a property boundary dispute between the Wind Creek Casino & Hotel in Atmore and neighboring landowners. But the judge will let the suit continue against the county’s sheriff and other officials.
In October 2009, Joseph Terry and his son Jonah Ross Terry filed suit in federal court against Sheriff Grover Smith, Deputy Bruce Shue, District Attorney Steve Billy, District Judge David Jordan, and tribal representatives Arthur Mothershed and Larry Hammonds.
Billy and Jordan, while acting in their official capacities of District Attorney and District Judge, are immune from lawsuits, according to a ruling issued by U.S. District Judge Kristi DuBose. The suit remains, at this time, active against Smith and the other defendants.
Joseph and Jonah Terry claim the defendants ordered them to stop using equipment that they claimed they own adjacent to the casino property on October 7, 2009. The Poarch Creek Indians, owners of the Wind Creek facility, claim they own the property.
The property in question was formerly Escambia County 14, which was abandoned by the county following the casino’s construction. Joseph Terry contends the Poarch Creek Indians had no right to remove the asphalt from the old roadway because ownership of the land reverted to him.
The Terrys were both arrested on October 30 by Smith and Shue for trespassing on the disputed property. They filed suit, claiming the arrest was unlawful and “for a nefarious purpose” and that their civil rights were violated.
Ownership of the old roadway is currently being contested in Escambia County (Ala.) Circuit Court.
Comments
10 Responses to “Federal Lawsuit Dismissed Against Judge, DA; Still Pending Against Sheriff, Other Officials”
Aw hunny not EVERYONE CAN have jobs handed to them bcs of who they r married too!! N time for a change left to go to another department they weren’t fired by the crooked officials we have in office! They need to be replaced it’s been a long time coming Grover lost touch & Mike was crooked from the day he started!! N mcdonalds really??? Grow up if u can’t handle the truth stay off the Internet!!!
Time for change – you should be careful what you wish for. Sounds like you may have some bitterness brewing in you. I wonder why that would be? Maybe you were fired under our current sheriff or the chief deputy? You sound a little suspicious to me. If you have worked under the sheriff and chief Lambert but are no longer, it certainly sounds like something went wrong.
Hum, I wonder why someone who worked under these two men would be so terribly bitter unless he or she may have been fired for some wrong doing. Maybe you did not receive a promotion you and only you felt you deserved. Bless your little heart. Maybe you have something coming to you, a job at McDonald’s maybe?
I hope Grover Smith gets whats coming to him. He is not one of the good guys, him and some others up there at county need to be punished for their actions! I have worked under him and Mike Lambert and I just wish the public new what kind of people they really are. I think it’s funny the way Smith is about being Sheriff, he is never there for the little man. But when it comes to money and power he is right there with his hand out! Most of the people of Atmore are very sick and tired of the PCI. I for one do not think it’s right that our tax dollars pay for them to have the life style that they have. As far as Bruce Shue goes, he is just doing what his boss tells him to. Bruce is a good person he just does what he is told!
By all means, you people need to take over all the official positions. Since you have all the answers, lets see what a wonderful job you will do running our county. I’m truly shocked that all of our officials are so corrupt! I mean they need true gems like you to run our county. But keep in mind, no matter what you do, the risks you take, the lives you must protect, the decisions you make, all have a impact on all that live in this county.
I do hope and pray you do not make all the terrible, horrible mistakes that our current officials make everyday. Oh my, then that would make you corrupt too!!
I hope our county can be saved……
P.S. You said it Holland!
Wonder if you would have a different opinion if the land in question belonged to you instead of the Terrys.
You know I find it funny how people can pass such unfounded judgments against PCI Gaming. Let’s talk about what Atmore looked like before PCI Gaming rolled out 840 jobs to this town.. Let’s talk about how the town and community has benefited from PCI Gaming and the tribe as a whole and all of the families that are now able to place food on their tables, thanks to PCI.
Without the Poarch Band of Creek Indians employing as many people as they do in gaming and non-gaming positions, this town would be a ghost town. Everyone in the community would need to move away to find good paying jobs to feed their family. We need to be thanking the tribe for what they have done for Atmore, AL instead of passing judgments. The tribe is moving this town forward.
As far as Terry family – If I made as much money as they have from the tribe buying their old convenience store and other land, I would be wearing a tribal shirt everyday just to sing their praises! Without the tribe wanting to prosper and grow, who in the world would have wanted to buy all of that from the Terry family in Atmore, AL? No-one!
We need to come together as a community and thank PCI for what they have done for Atmore and all the families in the area and stop being judgmental towards their success!
Oh and for clarification – I am not a tribal member!
It’s always PCI this and PCI that…….when is it gonna end? Before you know it it’s gonna be Poarch, AL instead of Atmore….or it’s gonna be Poarch County, AL……….
Bettcha the one with the most money wins
I fully agree with Finally some one standing up to the dirty legal system of Escambia County and the dirt the Tribe does….Can anyone explain the below statement issued by the Federal judge????
Billy and Jordan, while acting in their official capacities of District Attorney and District Judge, are immune from lawsuits, according to a ruling issued by U.S. District Judge Kristi DuBose.
So Jordan and Billy can not be held accountable for whatever action they do?They are corrupt enough now they are legal to do ANYTHING they want…Not that they are not already doing that….
I am so glad that someone stood up. Hope you win BIG. Your family has lived and run a business in this area for as long as my family ca remember. It is who you are. The next suit will be how they are people on the role being raised by tribe members that are not blood line. Many people with much more are being turned down. This will be the next law suit. I hope they win big. Fair is fair