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Eleanor Keller says the death of her brother, Gerald Simpson, was the result of a 14th Amendment violation by an Attala County deputy.
The lawsuit claims Simpson was walking in a highway when he was picked up by an Attala County deputy assisting Kosciusko police.
The deputy attempted to talk to Simpson who suffered from a speech impediment and had been treated at the East Mississippi State Hospital for developmental disabilities.
The lawsuit claims Simpson pointed toward Durant and the deputy gave him a ride to the county line and let him out of the car.
Simpson was later struck and killed while walking back toward Kosciusko.
The lawsuit says he lived with the sister but had managed to slip out of her home the night he died.
A judge ruled Tuesday there is sufficient grounds for a jury to hear testimony in the case filed against Deputy Darrin Fleming and Attala County.
She did grant summary judgment to the city of Kosciusko and two police officers who responded to the call.
The trial is set to get underway February 12 in U. S. District Court in Aberdeen.