An attorney representing the family of a man who died in the Neshoba County Jail breached a confidentiality agreement in a $10 million wrongful death lawsuit settlement, Neshoba County said in a motion filed last week in federal court seeking to have the court documents unsealed.

The attorney attempted to create the false impression that the Neshoba County defendants admitted to “some sort of wrongdoing and have agreed to pay a large sum of money to settle” the wrongful death lawsuit against them, which is “not the case,” according to the filing on Jan. 5.

The motion said the attorney for the family violated the confidentiality provision of the settlement agreement by talking with The Neshoba Democrat and by posting comments about the agreement on social media.

A “confidential settlement” was reached in the federal wrongful death suit against the Neshoba County Sheriff's Department and the Philadelphia Police Department on behalf of the family of Michael McDougle Sr., who died while in custody of the jail, the attorney,  Carlos E. Moore of the Moore Law Group in Grenada,  confirmed in a Dec. 14 story in The Neshoba Democrat, the filing said.

The motion, filed in U. S. District Court for the Southern District of Mississippi, Northern Division,  cited the Dec. 14 story where Moore confirmed  the settlement. The motion also cited comments on Moore’s Facebook page he allegedly made about the settlement.

“I wish we could bring back the dead but I am happy we were able to get a confidential settlement for the family of Michael McDougle who was found dead in the Neshoba County jail after being there for a mere 8 hours,” the motion said.

The motion charges that Moore’s “disclosure to the media is a direct violation of the confidentiality provision of the settlement agreement between the parties.”

The motion also said the social media post, which also included a link to the newspaper article, also violates the agreement.

The attorney’s disclosure of the fact of the settlement to the news media and on social media “cannot be undone and this breach effectively renders the confidentiality provision of the settlement agreement between the parties void,” the motion said.

The county is asking the court to “amend the settlement agreement by nullifying the confidentiality provision in full so that they may publicly discuss the settlement and the terms thereof as it pertains to the defendants.”

McDougle, 29, was found dead in an isolated holding cell in the jail on Nov. 2, 2014.

A toxicology report and autopsy report said the cause of death was head injury and mixed drug toxicity.

Allen Collins, county medical examiner at the time of the death, said the toxicology report on McDougle’s body found the presence of cocaine, amphetamine, methamphetamine and marijuana.

Collins said the manner of death was undetermined.

McDougle was arrested about 11 p.m. on Saturday, Nov. 1, 2014,  after police officers responded to a breaking and entering in progress at an occupied home on west Atkins Street. He was charged with resisting arrest, breaking and entering and disorderly conduct.

Following his arrest, McDougle was placed in an isolation cell in the jail where he was seen by EMS.

Sheriff Tommy Waddell said earlier that McDougle was checked around 4 a.m. when he asked for water, which he was provided. McDougle was checked again later that morning around 7:30 a.m. where he was found unconscious in his cell. EMS declared McDougle dead at the scene.

Wade White, attorney for the Board of Supervisors, said earlier that after McDougle's body was found in the jail, the Sheriff's office immediately contacted MBI to conduct an investigation.

"MBI reported immediately to the jail and the state turned everything over to investigators, including video recording of Mr. McDougle, which covered the entire time he was in jail," White said. "Furthermore, the video shows all contact between jail staff, law enforcement staff and medical staff and McDougle."

In addition, White said MBI was given the recording of the 911 call the victim made which led to Mr. McDougle's arrest.

"In the 911 recording, it details the physical altercation that Mr. McDougle was involved in prior to his arrest," White said.

White said the Mississippi Bureau of Investigation conducted a thorough investigation of McDougle's death and found no misconduct on anyone's part.

Following the investigation, District Attorney Mark Duncan said no evidence of criminal wrongdoing was revealed in the investigation.

The lawsuit was filed by Brittney McDougle, individually and on behalf of the heirs and wrongful death beneficiaries of Michael D. McDougle Sr., deceased.

Named as defendants were Neshoba County, Sheriff Tommy Waddell, the City of Philadelphia, Police Chief Grant Meyers [Myers], and officers Brad Crockett, Eric Lowdnes [Lyons], Brad Poe and John Does 1-6.

The lawsuit charged that, while in handcuffs, McDougle was "beaten and tasered" by John Does 2-6.

The plaintiffs have since sued the hospital.