Ashcrafts’ suit against city due in court in June

Published 10:59 am Wednesday, December 5, 2012

A multifaceted civil rights lawsuit filed nearly a year ago by downtown property owners against 11 city officials goes to trial June 17, court records show.

The suit by Lisa and Randy Ashcraft accuses Mayor Paul Winfield and others of harassment and intimidation over Winfield’s election in 2009 and for including the city in the couple’s separate lawsuit over demolition of the old Thomas Furniture building next to the Ashcraft’s building at Clay and Washington streets.

An order signed Thursday by U.S. Magistrate F. Keith Ball set the trial date — the case’s third since the suit was filed Dec. 19, 2011 — to take place before U.S. District Judge Daniel P. Jordan in Jackson.

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Along with Winfield, city Buildings and Inspection Department Director Victor Gray-Lewis, Police Chief Walter Armstrong, Deputy Police Chief John Dolan, police officers Sgt. Troy Kimble and Leonce Young and five unnamed people are defendants.

The Ashcrafts, represented by Balch & Bingham LLP, Russell Turner and William L. Smith, all of Jackson, seek unspecified damages and attorney fees and an injunction to prevent further harassment. The defendants are represented by J. Michael Coleman, of Jackson. In court briefs, the defense has claimed the suit is frivolous and asked that the Balch firm be sanctioned for abusing the judicial process.

In the suit, the Ashcrafts cite incidents they say constitute various forms of retaliation after the couple sued the former owners of the old furniture store at 713 Clay St., which collapsed during a renovation in 2006 and shared a common wall with the Ashcrafts’ building at 1221 Washington St. The structure was once First Federal Savings and Loan and, later, until the collapse next door, home to the Vicksburg Convention and Visitors Bureau.

Two incidents outlined charges in 2011 filed against each that were eventually dismissed in municipal court, one for improper car tags and another for unauthorized operation of an unmarked law enforcement vehicle.

In November, the Ashcrafts requested records in the case from Vicksburg Warren E-911 concerning two Vicksburg Police Department traffic stops — one of Winfield on Aug. 22 and of Randy Ashcraft on Nov. 27, 2012.

The Ashcrafts have planned a bakery in the former VCVB and bank building. Counsel for the city came at the recommendation of the city’s insurance carrier.