Deputy Jake Driskell and the Jones County Sheriff’s Department settled a complaint in federal court back in February involving a woman, who was arrested and charged with possession of methamphetamine, when no drugs or paraphernalia was found in her home after Deputy Driskell executed a search warrant. The intended target was her boyfriend.
Both were arrested, without any evidence to support a charge of possession of methamphetamine with intent to distribute (or any other charge), yet not a single grain of meth or paraphernalia was found according to the complaint. Mrs. Hayes was incarcerated for well over 24 hours, even though, “Officer Driskell never filed an affidavit or an arrest warrant to place Ms. Hayes in criminal proceedings.” While she was wrongfully incarcerated, the department sent her mugshot to the Laurel Leader Call, which then published her mugshot. According to the complaint,
Affording to the complaint, Driskell used force and threatened Ms. Hayes. The below items are from the complaint:
26. Officer Driskell began threatening to “call Child Protective Services” to take away
her children if Ms. Hayes did not tell him where the alleged drugs were.
29. Ms. Hayes asked multiple times why she was being arrested. Doe Officer 2
responded that she was being arrested for conspiracy, but Officer Driskell told Ms. Hayes that she was being arrested for possession of methamphetamine with the intent to distribute.
31. Doe Officer 1 asked, “Are you really going to take (Ms. Hayes) to jail?” Officer
Driskell answered, “Yes, we’ll do it to piss her off.”
32. Ms. Hayes and Desmond Hicks were arrested and then placed in a police unit. Ms.
Hares asked Doe Officer 6 why she was being arrested to which Doe Officer 6 responded, “I am just doing my job.”
55. By arresting Ms. Hayes for possession of methamphetamine with the intent to
distribute while no drugs were found in the home, Officer Driskell and Doe Officers 2-5 violated Ms. Hayes Fourth Amendment rights.
75. By failing to submit an affidavit of arrest or request a warrant for arrest, Officer
Driskell was ensuring that Ms. Hayes would not be able to obtain a bond for her release.
77. Officer Driskell, under the color of state law as an officer of the Jones County
Sheriff’s Department subjected Ms. Hayes to, or caused Ms. Hayes to be subjected to the
deprivation of her state protections under the Fourteenth Amendment to the United States
Constitution by failing to submit an affidavit of arrest or request a warrant for arrest, Officer Driskell ensuring that Ms. Hayes would not have a bond set for her and that she would spend more time in jail than necessary.
81. By not filing an affidavit of arrest or obtaining a warrant of arrest, Officer Driskell
was ensuring that Ms. Hayes would not be placed in criminal proceedings and would not be
afforded the protections Ms. Hayes is guaranteed under state law and criminal procedures.
After almost two days in jail, with no affidavit from Deputy Driskell, Mrs. Hayes was released from jail, having no charges filed against her or her boyfriend, no affidavit from Deputy Driskell, and never having seen a judge. The case settled for $45,000. Deputy Driskell is also a candidate for constable.
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