Judge dismisses lawsuit against Waveland

GULFPORT – (AP) A federal judge has dismissed a lawsuit that alleged Waveland police officers used a stun gun on a pregnant woman.

The Sea Coast Echo reports that the lawsuit was dismissed this past week by U.S. District Judge Louis Guirola.

Dawn Melissa Daigre sued Waveland for damages incurred during her February 2010 arrest.

The city contended since Daigre pleaded guilty to resisting arrest, she is barred from challenging that ruling in the lawsuit.

The lawsuit claims Daigre was 16 weeks pregnant when officers broke down her front door apparently responding to a domestic disturbance call. Daigre claims officers shocked her even though she’d told them she was pregnant. She gave birth to a girl five months later.

Daigre’s attorney Brian Alexander said Daigre pleaded guilty only because she was offered a plea to get out of jail, and that should not have absolved officers from liability.

Guirola said in his ruling that the law was clear.

“Daigre protests in her pleadings that she entered a guilty plea simply so that she would be released from prison,” Guirola sad. “That may be the case, but under the law, she cannot now seek damages based on an assertion that despite her guilty plea, she did not actually commit any offense.”

Alexander said Daigre is weighing her options and may consider bringing forward a state suit.

Waveland city attorney Gary Yarborough said the city was “pleased” with the court’s decision.

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