Justia Mississippi Supreme Court Opinion Summaries

An eight-year-old student, J.S., was sexually assaulted by her bus driver, Sergio Sandoval, multiple times over a month. J.S.'s parents filed a lawsuit against the Ocean Springs School District under the Mississippi Tort Claims Act, alleging negligence, negligent hiring, retention, supervision, and training, failure to adopt and follow policies, negligent infliction of emotional distress, and civil assault, battery, and false imprisonment. The Jackson County Circuit Court granted summary judgment in favor of the District, finding it was entitled to discretionary-function immunity and that Sandoval’s actions were not reasonably foreseeable.The plaintiff appealed the decision. The Mississippi Supreme Court reviewed the case and determined that while the District was protected by discretionary-function immunity regarding the failure to adopt sufficient policies and procedures, the claims related to negligent hiring, supervision, and training were not barred by this immunity. The court found that these claims involved simple negligence and did not involve policy decisions.The court also held that the plaintiff had demonstrated a genuine issue of material fact regarding the foreseeability of the injuries. The court noted that the District’s own measures to screen and monitor its bus drivers indicated that a person of ordinary intelligence could anticipate that failure to properly do so could lead to the type of injury sustained by J.S.The Mississippi Supreme Court affirmed the lower court’s decision in part, reversed it in part, and remanded the case for further proceedings consistent with its findings. View "J.S. v. Ocean Springs School District" on Justia Law

Alpresteon Billings was hired as the executive director of the Housing Authority of Yazoo City, Mississippi, with an anticipated five-year contract and a starting salary of $65,000. However, the terms of this contract were not recorded in the Housing Authority’s board minutes. Billings was terminated from her position on February 20, 2019, and subsequently sued the Housing Authority for breach of contract, among other claims.The Yazoo County Circuit Court partially granted and partially denied the defendants' motion for summary judgment. The court found that the commissioners were immune under the Mississippi Tort Claims Act and dismissed the claims against them. However, the court denied summary judgment on Billings’s breach-of-contract claim against the Housing Authority, finding that there were genuine issues of material fact.The Supreme Court of Mississippi reviewed the case and applied the rule that public boards can only act through their minutes, which must contain enough terms and conditions of a contract to determine the liabilities and obligations of the parties without resorting to other evidence. The court found that the Housing Authority’s minutes did not contain any terms of Billings’s alleged employment contract, such as her name, salary, or contract duration. Therefore, Billings’s breach-of-contract claim failed as a matter of law.The Supreme Court of Mississippi reversed the trial court’s denial of summary judgment on Billings’s breach-of-contract claim and rendered judgment in favor of the Housing Authority. View "Housing Authority of The City of Yazoo City v. Billings" on Justia Law

Shanta Webster filed a complaint in the Grenada County Circuit Court against the University of Mississippi Medical Center-Grenada (UMMC-Grenada) and Drs. Aimee Watts and Kimberly Farmer, alleging medical negligence in the performance of a hysterectomy and post-operative care. Webster served the complaint to Dr. Watts, Dr. Farmer, and Dodie McElmurry, the CEO of UMMC-Grenada. The defendants requested an extension to answer the complaint and later claimed immunity under the Mississippi Tort Claims Act (MTCA). Webster argued that service of process was proper under Rule 4(d)(8) of the Mississippi Rules of Civil Procedure.The Grenada County Circuit Court dismissed the complaint, ruling that service of process was improper because it was not made to the Attorney General as required by Rule 4(d)(5) for state institutions. Webster appealed the dismissal, maintaining that UMMC-Grenada is a community hospital and that service on the CEO was sufficient.The Supreme Court of Mississippi reviewed the case de novo and upheld the trial court's decision. The court found that UMMC-Grenada is not a separate entity but a part of UMMC, a state institution. Therefore, service of process should have been made to the Attorney General under Rule 4(d)(5). Webster failed to serve the Attorney General within the 120-day period required by Rule 4(h), rendering the service invalid. Additionally, the court noted that Drs. Watts and Farmer, acting within the scope of their employment, were immune from personal liability under the MTCA.The Supreme Court of Mississippi affirmed the trial court's order of dismissal, concluding that proper service of process was not effected, and the individual defendants were immune from liability. View "Webster v. University of Mississippi Medical Center Grenada" on Justia Law

Linda Lee owned a motel in Pascagoula, Mississippi, which had deteriorated significantly and was being used improperly, attracting vagrants and drug users. The city council ordered the demolition of the motel after a hearing, citing it as a menace to public health and safety. Lee did not attend the hearing, but her son did. The city council decided the motel was beyond repair and ordered its demolition.Lee appealed the city council's decision to the Jackson County Circuit Court, arguing that the city failed to provide substantial evidence and did not comply with statutory notice provisions. The Circuit Court affirmed the city's decision. Lee then appealed to the Court of Appeals, which found that the city’s notice was insufficient and reversed and remanded the case for further determination.The Supreme Court of Mississippi reviewed the case on certiorari. The court found that the appeal was moot because the motel had already been demolished by a new owner, as admitted by Lee in her appellate filings. Additionally, Lee lacked standing to pursue the appeal because she had transferred the property to her son on the day of the city council meeting and no longer had any interest in it. Consequently, the Supreme Court of Mississippi vacated the Court of Appeals' decision and dismissed Lee's appeal. View "Lee v. The City of Pascagoula, Mississippi" on Justia Law

Judge Carlos Moore, a municipal court judge for the cities of Clarksdale and Grenada, faced allegations of misconduct related to his social media posts and public comments. The Mississippi Commission on Judicial Performance (the Commission) claimed that Moore's actions violated the Mississippi Constitution, the Code of Judicial Conduct, and a Memorandum of Understanding (MOU) between the Commission and Moore. The Commission's allegations stemmed from Moore's social media activity in 2021 and 2022, where he posted content that could be perceived as advertising his law practice and making racially charged comments.The Commission had previously warned Moore in 2019 about posting information on social media regarding cases he heard in court. In 2020, Moore and the Commission entered into an MOU, where Moore agreed to limit his social media posts to court-related information and not use his judicial title for personal or political purposes. Despite this agreement, Moore continued to post under the name "Judge Carlos Moore" and made public comments that the Commission deemed inappropriate.The Commission filed a Formal Complaint against Moore in July 2022, alleging violations of the Mississippi Constitution and the Code of Judicial Conduct. Moore did not respond to the complaint or participate in the Commission's proceedings. The Commission recommended Moore's removal from office, a six-year suspension, and a $5,000 fine.The Supreme Court of Mississippi reviewed the case and found that Moore's actions constituted willful misconduct and were prejudicial to the administration of justice. The Court held that Moore's comments on social media and television violated the judicial-conduct canons and the MOU. The Court ordered Moore's removal from the bench, a $3,000 fine, and assessed all costs. The Court emphasized that Moore's actions undermined public confidence in the judiciary and warranted a harsh sanction. View "Mississippi Commission on Judicial Performance v. Moore" on Justia Law

Mark Johnson sued the Clarksdale Public Utilities Authority (CPU) and its members in federal district court, alleging he was fired for reporting inefficiency and incompetence to the state auditor. His initial complaint asserted retaliation under the Mississippi Whistleblower Protection Act (MWPA), later amended to include First Amendment retaliation and breach of contract. The defendants moved for judgment on the pleadings, which the district court granted, holding that Johnson failed to comply with the Mississippi Tort Claims Act (MTCA) notice requirements and that the MWPA claim was barred by the MTCA’s one-year statute of limitations. The court also found Johnson’s First Amendment and breach-of-contract claims time-barred.The United States Court of Appeals for the Fifth Circuit reviewed the case, focusing on whether the MTCA’s procedural requirements apply to MWPA claims. The defendants argued that the MTCA’s broad application and limited immunity waiver necessitate compliance with its procedural requirements for MWPA claims. Johnson countered that the MWPA provides a separate right to monetary relief and should not be subject to the MTCA’s requirements.The Supreme Court of Mississippi reviewed the certified question from the Fifth Circuit. The court concluded that the MWPA is a remedial statute separate from the MTCA. The MWPA does not prescribe a statute of limitations or notice requirement, and the reference to the MTCA’s damages cap does not incorporate its procedural requirements. Therefore, the court held that MWPA claims are not subject to the MTCA’s statute of limitations and notice requirements. The certified question was answered accordingly. View "Johnson v. Miller" on Justia Law

L.C. Slaughter and Isiac Jackson were removed from their positions as commissioners of the Canton Municipal Utilities Commission by the City of Canton Board of Aldermen. They appealed their removal to the Madison County Circuit Court, arguing that their removal was illegal and violated their due process rights. The circuit court agreed, finding the removal void as a matter of law, and reinstated them to their positions. The Board appealed this decision.The Mississippi Supreme Court affirmed the circuit court's decision, holding that the Board's removal of Slaughter and Jackson without notice and an opportunity to be heard was improper. The Court issued its mandate on April 6, 2023, affirming their reinstatement. Subsequently, on April 27, 2023, Slaughter and Jackson filed a petition for back pay in the same circuit court case, seeking compensation for the period they were removed.The circuit court denied the petition for back pay, citing lack of jurisdiction, as the issue of back pay was not raised before the mandate was issued. Slaughter and Jackson appealed this denial. The Mississippi Supreme Court reviewed the case de novo and held that the circuit court lost jurisdiction once the appeal was filed and did not regain it after the Supreme Court's mandate, which did not remand any issues for further consideration. Consequently, the circuit court's denial of the petition for back pay was affirmed. View "Slaughter v. City of Canton, Mississippi" on Justia Law

The Mississippi Public Service Commission (the Commission) authorized a rate increase for Entergy Mississippi, LLC (Entergy) based on a joint stipulation with the Mississippi Public Utilities Staff (the Staff). Rankin County, an Entergy customer, intervened, disputing the exclusion of unbilled revenue from Entergy’s operating expenses. The Commission found substantial evidence supporting the rate increase and deemed new issues raised by Rankin County on appeal as waived.Rankin County intervened in the Commission’s proceedings, challenging the exclusion of unbilled revenue from Entergy’s operating income. The Commission held a public hearing, but Rankin County did not present admissible evidence. The Commission approved the rate changes, including an Annual Rate Adjustment and an Interim Rate Adjustment, based on Entergy’s financial data and the Formula Rate Plan. Rankin County appealed directly to the Supreme Court of Mississippi without seeking rehearing from the Commission.The Supreme Court of Mississippi affirmed the Commission’s order, finding that the exclusion of unbilled revenue was reasonable and supported by substantial evidence. The court held that Rankin County waived new issues raised on appeal by not presenting them to the Commission. The court also found no merit in Rankin County’s arguments regarding the recalculation of net rate adjustments, the application of the 4 percent cap on revenue increases, and the management of Entergy’s confidential records. The Commission’s order was affirmed as it complied with statutory and regulatory procedures, and the rate adjustments were not arbitrary or capricious. View "Rankin County, Mississippi v. Mississippi Public Service Commission" on Justia Law

Ricardo Jones sued the City of Jackson for injuries sustained from driving into a pothole. Before filing the lawsuit, Jones sent certified letters to the mayor and city council members but did not send a notice of claim to the city clerk, as required by the Mississippi Tort Claims Act (MTCA).The Hinds County Circuit Court denied the City’s motion for summary judgment, which sought dismissal of Jones’s claims due to his failure to comply with the MTCA’s presuit notice requirement. The City then petitioned the Supreme Court of Mississippi for an interlocutory appeal.The Supreme Court of Mississippi reviewed the case de novo and found that Jones did not comply with the mandatory requirement to serve notice on the city clerk. The court held that the MTCA’s presuit notice requirement is clear and mandatory, and serving notice on the mayor or city council members does not suffice. Consequently, the court reversed the trial court’s decision and rendered judgment in favor of the City, dismissing all of Jones’s claims. View "The City of Jackson, Mississippi v. Jones" on Justia Law

The case revolves around Katherine Harris, who was convicted for aggravated DUI. While driving with a blood-alcohol concentration (BAC) twice the legal limit, Harris crashed into a deputy sheriff and his patrol vehicle, causing severe injuries to the deputy. Before trial, Harris requested public funds to hire her own experts, a toxicologist and an accident reconstructionist, to counter the State’s evidence. However, her blood sample, which she had not requested to be preserved, had been destroyed according to routine procedure nine months after testing. The judge denied her requests for expert funding, finding them broad and theoretical, and Harris failed to articulate concrete reasons how these proposed independent experts would specifically assist her defense.In Mississippi, the discretion to grant or deny an indigent defendant funds to retain an independent expert lies with the trial court. The court found that Harris failed to articulate how her own experts would actually assist her defense. Furthermore, the State’s case did not rely exclusively on these two experts and her BAC. The State called additional witnesses who established the patrol car was clearly visible with its blue lights flashing, and multiple other vehicles successfully passed the patrol car before Harris slammed into it. Witnesses also testified Harris smelled like alcohol, failed a field sobriety test, admitted she had been drinking, and tested positive for alcohol on a portable breathalyzer at the scene.The Supreme Court of Mississippi affirmed Harris’s conviction and sentence, discerning no abuse of discretion in the judge’s denial of Harris’s request for expert funds. Based on the overwhelming evidence supporting Harris’s aggravated DUI conviction, the judge’s discretionary denial, even if erroneous, was not so prejudicial as to render her trial fundamentally unfair. View "Harris v. State of Mississippi" on Justia Law