The family of a man fatally shot by a Walker County sheriff’s deputy in 2021 reached a settlement with the officer in their federal wrongful death and excessive force case, court records showed.
U.S. District Court Judge L. Scott Coogler on Friday issued an order dismissing the case brought by Frederick Earl Hight Sr., the father of Frederick Earl Hight II, against Deputy John “J.J.” Jackson because “[t]he parties have reported to the Court that a settlement has been reached in this matter.”
Hight Sr. sued Jackson and Walker County Sheriff Nick Smith in September 2021, alleging the shooting of his 26-year-old son, who had a history of mental health problems, on Feb. 26, 2021 was unconstitutional. It also claimed wrongful death/excessive force liability against Jackson and the sheriff.
Coogler dismissed Smith as a defendant in the lawsuit in June and also threw out one of the counts against Jackson.
The State Bureau of Investigation led the probe into the deadly officer-involved shooting and turned its findings over to the Walker County District Attorney’s Office.
District Attorney Bill Adair said no criminal charges were warranted, and the authorities said Jackson returned to work.
According to the lawsuit, Hight Sr. called 911 to obtain mental health assistance for Hight Jr., who was having a mental health issue, pacing, and talking to himself.
During the call, Hight Sr. explained to the 911 operator that his was a mental health-related call for help and pleaded with the operator to send an ambulance in order to get his son medical assistance for his mental illness.
He told the 911 operator that he was leaving the house.
When Deputy Jackson arrived at the family’s trailer home alone, Hight Jr. was the only person still inside the trailer and “therefore was therefore not a danger to anyone at the time Jackson arrived,” the suit states.
Hight Sr. was outside and his sister, Elizabeth Dotty, was waiting in her car. When Jackson arrived, he ordered Hight Sr. and Dotty to go inside the trailer with him.
“Jackson lacked probable cause to enter the home or to seize him, because Hight Jr. had not committed any crime, had not been reported to have committed any crime, and was not a danger to himself or to the community,” the suit states.
“This was simply a mental health crisis call that lasts a matter of mere minutes.”
Hight Sr. reportedly told the deputy he could not go in the house, but the suit states Jackson forcibly entered the trailer without waiting for backup of other deputies or assistance from personnel trained in dealing with persons with mental health issues.
The suit notes Jackson was much bigger than Hight Jr., and that Hight Jr. was wearing only a bathrobe.
Jackson drew his pistol and ordered loudly Height Jr. to get on the ground. Hight Jr. complied with Jackson’s orders and lay on the floor of the home’s kitchen.
Hight Jr. was unarmed and did not physically or verbally threaten Jackson, the suit states, nor did he attempt to flee. A video recorded by Hight Sr. shows a struggle between the two, though the lawsuit states Hight Jr. did not resist.
While on the floor, Hight Jr. asked, “What does this have to do with?” three times. Jackson, the suit states, did not advise Height Jr. of the reason for his arrest and escalated the situation by yelling “I’ll (expletive) you up, I’ll (expletive) you up, son.”
Hight Jr. pleaded with his father to intervene and to “say something”.
Hight Sr. recorded the confrontation on his cell phone, chronicling the more than two-minute struggle between Hight Jr. and the deputy.
At one point, Hight Jr. was heard saying, “You better say something, Dad.”
The deputy was heard saying, “I’m going to shoot you.” A small pop was heard, Height Jr. screamed and then was motionless on the floor.
The deputy’s radio was knocked off during the struggle. He retrieved it from the floor nearby and called for backup and medics.
Attorneys contend that Hight Sr. told the dispatcher that Hight Jr. was schizophrenic and specifically that there was a family history of mental illness.
Hight Jr. had a long history of mental illness and had been hospitalized several times as related to his mental impairments.
“Jackson was not trained properly on how to deal with a mental health crisis call,” the suit claimed. “Furthermore, Jackson ignored all signs of mental illness.”
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