Case: 25CI1:16-cv-00115-JAW

Document #: 20

Filed: 07/15/2016

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IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL DISTRICT OF

HINDS COUNTY, MISSISSIPPI
RUKIA LUMUMBA , CHOKWE ANTAR LUMUMBA
AND KAMBON THURMAN,
COLLECTIVELY AND
ON BEHALF OF THE WRONGFUL DEATH
BENEFICIARIES OF CHOKWE LUMUMBA
V.

PLAINTIFFS

CIVIL ACTION NO. 16-115

ST. DOMINICS HOSPITAL; ST. DOMINICS

HOSPITAL SERVICES, INC.; NURUDEEN A.
SHEKONI; NORTH JACKSON MEDICAL CLINIC,
PLLC; HEATHER EVANS; AND JOHN DOES 1-10

DEFENDANTS

MOTION FOR TRANSFER OF VENUE

Defendants Nurudeen A. Shekoni, M.D. and North Jackson Medical Clinic, PLLC,
(Dr. Shekoni), by and through the undersigned counsel, files this motion for transfer of venue,
and states:
I.

Introduction

Plaintiff Chokwe Antar Lumumba (Plaintiff) filed this action on February 16, 2016.
On June 3, 2016, Plaintiff amended his Complaint to add Rukia Lumumba and Kambon
Thurman as additional plaintiffs. Dr. Shekoni was served with the Amended Complaint on June
8, 2016.
Plaintiff claims Dr. Shekoni and his co-defendants provided substandard medical care to
Plaintiffs decedent, former Mayor of Jackson, Chokwe Lumumba (Mayor Lumumba or
Decedent), and seeks damages for this alleged negligent care and for Decedents alleged
wrongful death. At the time of his death in February 2014, Decedent had been mayor of Jackson
for just under eight months, after having been elected in 2013. Before serving as mayor,
Decedent had been a member of the Jackson City Council for four years (2009-2013) and a well-

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known activist for all of his adult life. Mayor Lumumba was, and is, an undeniably high-profile
public figure in the city. Additionally, in the 2014 special election to fill the remainder of Mayor
Lumumbas four-year term, Plaintiff himself was a mayoral candidate who received extensive
media coverage. Plaintiff has already declared his candidacy for mayor in the regular election
scheduled for 2017. He remains a well-known community activist and is a high-profile public
figure in his own right.
Accordingly, Dr. Shekoni moves this Court to transfer venue in this action. Not only
does Plaintiff enjoy a significant degree of local fame in Hinds County as a respected public
personality and current mayoral candidate, but Mayor Lumumba himself remains a revered
figure among a large portion of the potential Hinds County jury pool. Equally important, the
circumstances surrounding Mayor Lumumbas death received tremendous local media coverage
at the time. To ensure a fair trial, venue should be transferred to a county either on the
Mississippi Gulf Coast or in the area bordering Tennessee.
II.

Factual Background

Mayor Lumumbas death was covered extensively in all forms of media print, radio,
television, and various forms of social media. A small sampling of articles and news reports
surrounding his death and funeral are attached as Exhibit 1, Tab A. Mayor Lumumba was such a
revered figure in the community, there were multiple memorial services in celebration of his life.
Those included, but were not necessarily limited to (1) his body lying in state at City Hall
followed by a remembrance hour; (2) a celebration of life service at the Jackson Convention
Center; (3) an elaborate plan to escort Mayor Lumumba to his resting place with police and
mourners lining the streets; and (4) interment following the celebration of life service. (See, e.g.,
Exhibit 1, Tab B.) Additionally, Jackson State University and Word of Worship also hosted
tributes to Mayor Lumumba. Hundreds of mourners attended each of these memorials. (See,

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e.g., Exhibit 1, Tab C.) Jackson Police Chief Lee Vance said The Mayor was very much loved.
He was almost like a rock star in certain ways. (Exhibit 1, Tab D.)
Before Mayor Lumumbas death, he enjoyed renown as well. He was, of course, elected
as Mayor of the City of Jackson, which included celebrations throughout the city and various
inaugural events city-wide. (Exhibit 2, Tab A.) Mayor Lumumba was a well-known prominent
local attorney and had a long and honored history of activism. (Exhibit 2, Tab B.) Indeed, after
Mayor Lumumbas death, various well-known members of the Jackson community publicly
questioned the manner of his passing. (Exhibit 2, Tab C.) Plaintiff himself lent some credence
to these rumors in acknowledging them and promising to explore all possible causes of his
death. (Exhibit 2, Tab D.)
Additionally, a community center in Jackson was named in Mayor Lumumbas honor.
(Exhibit 2, Tab E.)
Because of the Mayors renown, this lawsuit has already received extensive local media
coverage and will continue to do so. (See, e.g., composite Exhibit 3.)
In addition to Mayor Lumumbas prominence, Plaintiff and the mayors namesake,
Chokwe Antar Lumumba, enjoys considerable community prominence as well. Before Mayor
Lumumbas passing, Plaintiff was the campaign spokesman for his father and was covered and
followed by the media before his own run for mayor. (Exhibit 4.) After Mayor Lumumbas
death, Plaintiff delivered a barn-burning eulogy that was generously covered by the media.
(Exhibit 5.) Plaintiff is repeatedly lauded as the heir apparent for fulfilling his fathers dreams
and ambitions.

Indeed, Plaintiff is following in his fathers footsteps as an activist and

community leader. Despite his young age, Plaintiff was a mayoral candidate himself after his
father died. He won the primary election, but lost in a close run-off election. (See, e.g.,
Composite Exhibit 6.) Plaintiff has received extensive media coverage for (1) filing this lawsuit;

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(2) his representation of the Jonathan Sanders family in Stonewall involving an altercation with a
police officer and Sanders subsequent death; and (3) the current Jackson airport controversy.
(See, e.g, Composite Exhibit 7.) Most recently, and since the filing of this lawsuit, Plaintiff has
again declared his candidacy for Mayor of Jackson in the upcoming 2017 electiona decision
that will keep him consistently in the public eye until at least the spring of 2017.
III.

Discussion

A change of venue is appropriate where a fair and impartial trial cannot be obtained in the
county where the action is pending due to the undue influence of the adverse party, prejudice
existing in the public mind, or for some other sufficient cause. MISS. CODE ANN. 11-11-51.
That standard is met where, as here, substantial local media coverage surrounds the underlying
facts of a lawsuit and the plaintiffs are prominent members of the community.

Janssen

Pharmaceutica, Inc. v. Bailey, 878 So. 2d 31, 49-53 (Miss. 2004). In fact, even one of those two
factors can be sufficient to support a venue transfer. Substantial media coverage of a wrongful
death case, regardless of whether the plaintiffs are independently well known in the community,
can by itself support a trial courts transferring venue. Hayes v. Entergy Miss., Inc., 871 So. 2d
743, 748 (Miss. 2004); see also River Oaks Health System v. Steptoe-Finely, 2004 WL 3115061,
No. 2004-IA-01309-SCT (Miss. July 13, 2004).
In this action, both factors are present: (1) Plaintiff and Decedent are both well-known
and respected local public figures, and (2) the underlying facts were and continue to be subject to
extensive media coverage. The purpose of a transfer based on extensive media coverage and/or
the notoriety of plaintiff is, of course, to ensure an unbiased jury pool. See, e.g., Janssen, 878
So. 2d at 53. This factor is so important that when faced with a case which has been heavily
reported in the news media, our trial courts must be prepared to readily grant a change of venue.
Johnson v. State, 476 So. 2d 1195, 1215 (Miss. 1985). The Johnson Court further noted that a

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jury pool may be tainted where the aggrieved parties are members of prominent, influential
families or public officials. Id. Here, all these factors are present. As set forth above, this
case and the circumstances underlying it have been subject to intense media reporting. Both
Plaintiff and Decedent are members of a prominent and influential family, and Decedent was the
highest-ranking public official in the City of Jackson at the time of his deaththe event which
forms the basis for this action. Accordingly, this is a textbook situation where a change of venue
should be readily grant[ed].
In many similar cases after Johnson, both civil and criminal, the Supreme Court has
determined venue transfer to be appropriate.1 The same year Johnson was decided, the Court
noted that where a trial court is presented with evidence that heavy media coverage has affected
the attitudes of the local community, the trial court should assume the venire will reflect the
biases and prejudices of that community and accordingly transfer should be granted. Fisher v.
State, 481 So. 2d 203, 215 (Miss. 1985). The Court in Fisher noted where there is sufficient
evidence of saturation media publicityincluding the content of that publicity, it creates a
rebuttable presumption of a reasonable likelihood that the defendant cannot get a fair trial in the
local community. Id. at 223.
Applying these rules to civil cases, the Supreme Court in 2004 upheld the trial courts
decision to transfer venue for the retrial of a wrongful death case based on substantial media
attention during the first trial. Hayes, 871 So. 2d at 748. Similarly, in Janssen it was clear to
the court that the substantial local media coverage and the fact that many plaintiffs were
prominent members of the local community were sufficient reason to transfer venue. 878 So. 2d
at 49-53. Plaintiffs in Janssen included such prominent people as the sitting Mayor of Fayette
1

While the decisions on change of venue deal primarily and predominantly with criminal cases, a person is
also entitled to a fair and impartial trial in a civil case. Janssen, 878 So. 2d at 50, quoting King v. Kelly, 137
So.2d 808, 813 (1962).

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and the 29-year assistant principal at Jefferson County High School. Id. at 51. In terms of media
coverage, attorneys for the plaintiffs bombarded Jefferson County with advertisements,
meetings, and plaintiff-propelled gossip regarding the defendants alleged bad faith and
liability. Id.
Quoting Johnson, 476 So. 2d at 1214-15, the Janssen Court acknowledged the
pervasiveness of the news media in modern society and the fact that [n]ewspapers and news
broadcasts shape every communitys understanding of itself. Public opinions and attitudes are
reflected and affected concurrently. Janssen, 878 So. 2d at 52. As a practical matter, trial
courts must also look to other circumstances which would include suits against members of
prominent, influential families [and] suits against public officials . . . Where these circumstances
are present and egregious, the likelihood of extensive media coverage is great. Id. at 52-53.
The factors that led the Supreme Court to approve a venue transfer in Janssen are
reflected in the present action. Plaintiff is a prominent public figure seeking damages for the
alleged negligent care provided to Decedent, who was the sitting Mayor of Jackson, under
circumstances which received and will receive inordinate media attention as shown conclusively
by the Exhibits attached hereto. Such a scenario gives rise to the presumption that Dr. Shekoni
cannot expect a fair trial anywhere whose primary local media are based in the Jackson
metropolitan area, pursuant to Fisher and Janssen.
Moreover, transfer would be appropriate here even if Plaintiff and Decedent were not
extremely prominent members of the local community. In Hayes and River Oaks, both decided
in 2004, the Supreme Court concluded transfer of venue was appropriate based only on heavy
media coverage of the case itselfregardless of whether plaintiffs were well-known. Indeed, the
River Oaks case was transferred based on a single news story appearing in the Jackson Clarion
Ledger. 2004 WL 3115061 at *1. The story focused entirely on the alleged negligence of the

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defendant and the emotionally devastating injuries suffered by the plaintiffs minor child. Id.
The article also contained quotes from one of the plaintiffs attorneys, stating what in the
attorneys view the defendants should have done differently. Id. at *2. Based on the tenor of
the article and plaintiffs counsels participation in shaping the article, the Court found should
this case proceed to trial in Hinds County, there exists a substantial likelihood of material
prejudice against the defendants. The Court went on to order that the case should be transferred
to a county located a substantial distance from Hinds County, where the Clarion
Ledger is not the primary daily newspaper. Such counties could include those
bordering the Coast, within the circulation of the New Orleans and Gulfport daily
newspapers, and those which border Tennessee, within the primary circulation
area for Memphis and other daily papers.
Id. at *3.
In this action, Plaintiff himself has lent credence to rumors of untoward reasons for
Mayor Lumumbas passing by promising to explore all possible causes of his death. (Exhibit
2, Tab D.) This lawsuit itself has already received extensive local media coverage, including
several articles repeating the allegations of the complaint. (See, e.g., composite Exhibit 3.) As
laid out above, the Supreme Court in River Oaks ordered a transfer of venue based on the
potential for jury prejudice due to a single article in the primary local daily newspaper. 2014 WL
3115061 at *3. It is even more likely that potential jurors in the Jackson area will have read
news articles stating Plaintiffs version of the facts in this case. Accordingly, both because
Plaintiff and Decedent have very prominent names in the local community and because this case
itself has been subject to extensive local media coverage, a transfer of venue is appropriate under
Mississippi law.
The Supreme Court in River Oaks ensured venue should be transferred far enough from
Hinds County that local media would not influence the jury pool, specifically suggesting the
Gulf Coast or Memphis areas. The same two areas would be appropriate for transfer of the

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present action, as they are sufficiently far from Hinds County that not only the Clarion-Ledger,
but also the local Jackson television stations are not the primary media entities. See id.; see also
FCC station area maps, attached hereto as Exhibit 8.

Therefore, Dr. Shekoni respectfully

requests that this action be transferred either to a Gulf county or to a county bordering
Tennessee.
IV.

Conclusion

Due to the local prominence of both Plaintiff and Decedent, and the extensive media
coverage that has been focused on these individuals and on the allegations and facts underlying
this case, Dr. Shekoni cannot expect a fair or impartial jury in Hinds Countyor, for that matter,
any county where the Jackson-area media is prevalent. Accordingly, Dr. Shekoni asks this Court
to transfer venue in this action either to the Gulf Coast or the counties bordering Tennessee.
Respectfully submitted, this 15th day of July, 2016.
NURUDEEN A. SHEKONI AND NORTH
JACKSON MEDICAL CLINIC, PLLC
By:

/s/ Walter T. Johnson

Walter T. Johnson, MSB # 8712
Susan L. Steffey, MSB # 9038
W. Abram Orlansky, MSB # 104172
WATKINS & EAGER PLLC
400 E Capitol Street (39201)
Post Office Box 650
Jackson, Mississippi 39205
Telephone: (601) 965-1900
Facsimile: (601) 965-1901
E-Mail: wjohnson@watkinseager.com
ssteffey@watkinseager.com

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CERTIFICATE OF SERVICE
I hereby certify that on this day I electronically filed the foregoing pleading or other
paper with the Clerk of the Court using the MEC system which sent notification of such filing to
all counsel of record.
This the 15th day of July, 2016.

/s/ Walter T. Johnson

Walter T. Johnson