Dismissal of wrongful death lawsuit upheld

By The Associated Press

JACKSON – A federal three-judge panel has upheld the dismissal of a lawsuit filed by the mother of a Lowndes County man who died during a confrontation with sheriff’s deputies in 2006.
Georgia Maye McCoy had filed the wrongful death lawsuit against the county and the sheriff’s department in 2008.
Her son, Nick Gordon, was killed in 2006 during a confrontation with deputies at an apartment complex.
A Mississippi federal judge dismissed the lawsuit in 2009. A panel of the 5th U.S. Circuit Court of Appeals on Monday upheld the lawsuit’s dismissal.
The appeals court panel says there was no evidence that deputies used excessive force in shooting Gordon during a fight in which Gordon was attacked officers with a nail gun.