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HARRIS v. CLAY COUNTY, MISSISSIPPI

No. 21-60456.

40 F.4th 266 (2022)

Rachel HARRIS, Guardian of Steven Jessie Harris, on behalf of Steven Jessie Harris, Plaintiff-Appellee, v. CLAY COUNTY, MISSISSIPPI; Laddie Huffman, Former Sheriff, in his Individual and Official Capacities; Eddie Scott, Sheriff, in his Individual and Official Capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 11, 2022.

Attorney(s) appearing for the Case

Carlos Eugene Moore, Esq. , Cochran Firm, Grenada, MS, James Bryant , Cochran Firm, Los Angeles, CA, Pride Justin Doran, Esq. , Doran & Cawthorne, Opelousas, LA, for Plaintiff-Appellee.

Philip W. Savrin , Counsel, Freeman, Mathis & Gary, Atlanta, GA, for Defendants-Appellants.

Before Smith, Costa, and Wilson, Circuit Judges.

When a defendant is found incompetent to stand trial with no reasonable expectation of restored competency, the state must either civilly commit the defendant or release him. Jackson v. Indiana, 406 U.S. 715, 738, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972). That simple commit-or-release...

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