► U.S. Circuit Judge Leslie Southwick of Jackson, MS; incompetent moron Print E-mail

U.S. Circuit Judge Leslie Southwick of Jackson, MS; incompetent moron

 

The state of Texas presented Leslie Southwick with a law license in 1975 after he graduated from the University of Texas Law School.

 

In 2007, President George Bush was duped into appointing Leslie as a U.S. Court of Appeals Judge for the Fifth Circuit. Leslie didn’t receive the appointment because she was the most qualified attorney in the Houston area. He received the appointment because she had proven to be a reliable lackey for the local political hacks in Mississippi.

 

Leslie was a member of a three judge panel involved in the case of Robbie Tolan who was shot by a Texas police Sargeant named Jeffrey Cotton on New Years Eve in 2008.

 

On the day of the shooting, another officer ran the license plate of a black SUV he saw take quick turn and then park in front of a house; however, the offer keyed in the wrong plate number, which led to his computer incorrectly telling him that the vehicle was stolen. The officer then exited his car, drew his gun and ordered the two men who had from the SUV to the ground. Tolans’ parents lived in the home where the SUV was pared. The parents then emerged from the home in their pajamas and tried to explain to the officer that the car belonged to their family and no crime had been committed. Despite said statements, the officer radioed for backup.

 

Things rapidly escalated after Sergeant Cotton arrived at the scene. Tolan and his parents claim Cotton grabbed the arm of Tolan’s mother and slammed her against the garage door with sufficient force that she fell to the g round. Tolan then told Cotton to “get your fucking hands off my mom.” Cotton then drew his pistol and fired three shots at Tolan. Although Tolan survived, the bullets collapsed his right lung and pierced his liver.

 

After Tolan sued Sergeant Cotton, the case wound up in front of Judge Southwick. Southwick then voted in favor of Cotton by ruling he was entitled to summary judgment, which resulted in the dismissal of Cotton’s case.

 

Cotton then appealed Southwick’s asinine ruling to the U.S. Supreme Court. In a rather unique ruling, the Supreme Court unanimously tossed out Southwick’s absurd ruling in granting summary judgment to Cotton.

 

As the Supreme Court opined, summary judgment cannot be granted to a party unless there are no facts upon which the other part could prevail. In other words, if disputed facts exist, summary judgment cannot be granted to either party.  In short, if the plaintiff claims the defendant ran a red light causing the accident, and the plaintiff makes the same claim, it is a disputed fact that can only be adjudged the “trier of facts,” which is a jury.

 

Southwick’s ruling was so out-of-line and contrary to well-settled law that the Supreme Court issued its order before the parties could file their briefs. This is proof positive that the Supreme Court adjudged Southwick to be an intellectual elf.

 

Unfortunately, since Leslie is only 64-years-of-age, he may well be sitting on the 5th Circuit spewing forth more idiotic decisions for another 25 years.

 

 

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