Mississippi Immunity Law
Stephen Lewis v. Whitney Walley
Greenville, Mississippi, personal injury lawyer represented the Plaintiff on a civil rights violation theory. Stephen Lewis sued Detective Whitney Walley under 42 U.S.C. § 1983 for alleged violations of his Fourth Amendment rights. The district court denied defendant’s motion for judgment on the pleadings for the Fourth Amendment search claim, thus denying Walley’s defense of qualified ... More...
$ (02-25-2026 - MS)Nancy Gale v. Nathaniel Thomas and The City of Jackson
<h2><br> Jackson, Mississippi personal injury lawyers represented the Plaintiff on a Governmental Tort Claim.<br> </h2><br> <br> . Nancy Gale suffered injuries when her automobile collided at an intersection with a City of Jackson police patrol car driven by Officer Nathaniel Thomas. Officer Thomas allegedly ran a red traffic signal. The accident occurred on April 17, 1993. Gale brought suit in th... More...
$0 (12-09-2024 - MS)<h1> David Hunter Moore v. State of Mississippi </h1>
<font color="red"><b><h2><center> Jackson, MS criminal defense lawyer represented the Defendant charged with fifteen counts of video voyeurism and one count of video voyeurism of a child under the age of sixteen years </font </color="red"></b></center></i></i><b><center></i><br> <b> </b> </h2></center></b></b> </h2></center></b><br> <br> Moore is co-owner of Advantage One LLC (Advanta... More...
$0 (03-29-2022 - MS)Rashad J. Smith a/k/a Rashad Jamale Smith a/k/a Rashad Smith a/k/a Twin v. State of Mississippi
On August 16, 2017, Smith was tried in Lincoln County Circuit Court on a two-count<br> indictment. Count I of the indictment charged Smith with possession of marijuana in the<br> Lincoln County jail. After the jury deadlocked on Count I, the State requested and was<br> granted a nolle prosequi order on that count. Count II of the indictment charged Smith with<br> unauthorized possession of a cel... More...
$0 (06-04-2019 - MS)JALEN SHAQUILLE WILLIAMS A/K/A JALEN SHAQUILLE WILLIAMS SR. A/K/A JALEN WILLIAMSv. STATE OF MISSISSIPPI
<center><br> <img width="300" src="https://www.ms.gov/mdoc/inmate/Search/GetImage?path=%255c%255cOTFILES%255cPRINTRACK%255cProduction%255c2017%255c21%255c0OQF44F000USJWI0"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> <br> In the early evening of July 22, 2014, Jalen Williams, age 19, and Rashad Johnson,<br> age 20, were shooting dice in the parking lot of a church in Gulfp... More...
$0 (04-07-2019 - MS)Peggy Shumpert v. City of Tupelo
<center><br> <img width="300" src="http://www.msnd.uscourts.gov/sites/msnd/files/slides/OXFORD-crtWB_1.jpg"><br> </center><br> Plaintiffs-Appellants appeal the district court’s grant of summary judgment dismissing their Fourth Amendment, 28 U.S.C. § 1983 excessive force and state law claims against Defendants-Appellees, the City of Tupelo and Officer Cook. Plaintiffs also appeal the district co... More...
$0 (09-25-2018 - MS)Abdur Rahim Ambrose a/k/a Abdur Ambrose v. State of Mississippi <table> <td>
On the afternoon of April 7, 2013, Demetrius Lee returned home from work between 3:00 and 4:00 p.m. Lee resided in the DeLisle community at 7486 Lobouy Road, which is part of a larger property commonly known as “the Hill.” The Hill is comprised of two houses and a mobile home. While Lee was relaxing, someone knocked on his window, but he remained inside. Twenty to thirty minutes later, Lee... More...
$0 (08-05-2018 - MS)Cathryn Stout v. Staff Sergeant Brad Vincent
We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue<br> of material fact showing that the officer violated their equal protection rights<br> under the Fourteenth Amendment. We affirm.<br> Facts and Proceedings<br> Cathryn Sc... More...
$0 (02-15-2018 - MS)Rogers Vann v. City of Southhaven, Mississippi
This lawsuit arises from the death of Jeremy W. Vann, who was shot and killed by police in a retail parking lot in Southaven, Mississippi during a small-scale drug sting operation. Because there are genuine issues of material fact that preclude the qualified-immunity determination as to one of the defendants, we AFFIRM in part, VACATE in part, and REMAND to the district court.<br> I.<br> The City ... More...
$0 (11-25-2017 - MS)Jessica Jauch v. Choctaw County and Cloyd Halford
Jessica Jauch was indicted by a grand jury, arrested, and put in jail—where she waited for 96 days to be brought before a judge and was effectively denied bail. The district court found this constitutionally permissible. It is not. A pre-trial detainee denied access to the judicial system for a prolonged period has been denied basic procedural due process, and we therefore reverse the district c... More...
$0 (10-25-2017 - MS)United States of America v. Jason Michael Hayden
Gulfport, MS - Felon Pleads Guilty to Possession of Firearm<br> <br> Jason Michael Hayden, 37, of Picayune, entered a guilty plea before U.S. District Judge Sul Ozerden on June 8, 2017, to possession of a firearm by a convicted felon, announced Acting U. S. Attorney Harold Brittain.<br> <br> Hayden faces a maximum penalty of 10 years in prison and a $250,000 fine.<br> <br> The case was investigate... More...
$0 (06-09-2017 - MS)Aaron Lyons a/k/a Aaron Ladaniel Lyons a/k/a Arron L. Lyons a/k/a Aaron Daniel Lyons v. State of Mississippi <table> <td>
Around 4:45 a.m. on January 16, 2004, a customer discovered the lifeless body of<br> John Deere outside of the Pik & Pak convenience store, which Deere owned, in Brookhaven,<br> Mississippi. Deere was robbed at gunpoint and shot three times. Shortly after Deere’s body<br> was discovered, a volunteer firefighter from the Summit Fire Department responded to a<br> small roadside grassfire. The f... More...
$0 (04-23-2017 - MS)Maria Cazorla, et al. v. Koch Foods of Mississippi, L.L.C.
Hispanic employees of Koch Foods (“Koch”), a poultry processor, allege harassment and abuse on the job. Koch claims they made up the allegations in order to get U visas, which are available to abuse victims who assist in government investigations. The company sought discovery of any information related to the employees’ U visa applications. Plaintiffs objected, pointing out that the discover... More...
$0 (02-26-2017 - MS)<b>Lamarcus Jones a/k/a Lamarcus Antwain Jones a/k/a Lamarcus A. Jones a/k/a L.A. Jones v. State Of Mississippi
Between 11:00 p.m. and 12:00 a.m., the night and early morning of August 1 and 2,<br> 2008, Mareno Hubbard visited the Q5 Club, a nightclub located on Cedar Creek Road near<br> Macon, Mississippi. After conversing with various acquaintances both inside and outside the<br> nightclub, Hubbard returned inside and ventured onto the dance floor. While so engaged,<br> Hubbard encountered Lamarcus Jones,... More...
$0 (08-14-2016 - MS)Malcolm Jamal Husband a/k/a Malcolm Husband a/k/a Jamal Husband v. State of Mississippi
On November 14, 2013, Husband and his twelve-year-old stepson, Tylen Peters,<br> visited Husband’s elderly aunt and uncle, the McGowans, at their duplex apartment in<br> Columbia, Mississippi. The McGowans’ neighbors, Phylicia Stokes and Forester Crenshaw,<br> were sitting outside on the shared porch, celebrating Crenshaw’s birthday with a cookout and<br> drinks. Stokes lived at the duplex... More...
$0 (07-27-2016 - MS)City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin
The present case is a Mississippi Tort Claims Act (MTCA) case riddled with<br> confusion and miscommunication surrounding a residential building permit. In 2006, Dr.<br> Terry Y. McMillin and his wife, Leslie Susan McMillin, purchased a new home in Tupelo,<br> Mississippi. Displeased with contractor Jamie Ewing’s failure to respond to their repair<br> requests, plus their discovery of a docum... More...
$0 (04-16-2016 - MS)Robert Swindol v. Aurora Flight Sciences Corp.
The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law th... More...
$0 (08-30-2015 - MS)Tracey L. Johnson v. City of Shelby, Mississippi
Plaintiffs below, petitioners here, worked as police officers for the city of Shelby, Mississippi. They allegethat they were fired by the city's board of aldermen, notfor deficient performance, but because they brought to light criminal activities of one of the aldermen. Chargingviolations of their Fourteenth Amendment due process rights, they sought compensatory relief from the city. Summary judg... More...
$0 (11-10-2014 - MS)Anthony Gibson v. Jeffrey Kilpatrick
The Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Lane v. Franks, 573 U.S. ---, 134 S. Ct. 2369 (2014). While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands... More...
$0 (12-11-2014 - MS)Taylor Bell v. Itawamba County School Board
This appeal raises a First Amendment challenge to a public high school student=s suspension and transfer to alternative school for his off-campus posting on the Internet of a rap song criticizing, with vulgar and violent lyrics, two named male athletic coaches for sexually harassing female students at his school. The aspiring student rapper, Taylor Bell, composed the song off campus, recorded it a... More...
$0 (12-12-2014 - MS)Clinton Williams v. Liberty Mutual Insurance Co.
The conflict of laws issue in this diversity case, removed from a Mississippi state court, is which state's law, that of Mississippi or Alabama, applies to decide whether the plaintiff, a Mississippi resident injured in Mississippi while working for an Alabama resident contractor, has an action in tort for damages against the employer's worker's compensation insurer because of the insurer's intent... More...
$0 (01-28-2014 - MS)Mark Fails v. Jefferson Davis County Public Schools
The plaintiffs' daughter was barred from attending a school outside her district. The plaintiffs filed a § 1983 action against Glenn Swan, the district's conservator, and the district for monetary damages and an injunction. The plaintiffs assert a constitutionally protected right in sending their child to a school outside their district. We agree with the district court's holding that there is ... More...
$0 (01-15-2014 - MS)Anthony Gibson v. Jeffrey Kilpatrick
While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands to Gibson for a panoply of alleged deficiencies. Gibson subsequently filed a lawsuit alleging unconstitutional retaliation as well as state tort law claims. Kil... More...
$0 (10-29-2013 - MS)Imogene Watson v. Flasco Bryant
Defendant-Appellant Flasco Bryant appeals from the district court's denial of qualified immunity on Plaintiff-Appellee Imogene Watson's ("Ms. Watsonâ€) Fourth Amendment claims brought under 42 U.S.C. § 1983. <br> <br> We REVERSE and REMAND.<br> <br> I. Facts and Procedural History<br> <br> One evening Samantha Williams called the City of Leland, Mississippi, Police Department to report tha... More...
$0 (02-05-2013 - MS)Opulent Life Church v. City of Holly Springs, Mississippi
Until the eve of oral argument, the City of Holly Springs, Mississippi, had on its books a zoning ordinance that explicitly singled out "churches†for unfavorable treatment, albeit not for the outright banning of their presence from particular locations. The night before we heard argument, Holly Springs amended its ordinance, this time to ban "[c]hurches, temples, synagogues, mosques, and ot... More...
$0 (09-28-2012 - MS)Jane Doe v. Covington County School District
Plaintiff-Appellant Daniel Magee is the father and next friend, and Plaintiff-Appellant Geneva Magee is the grandmother, guardian, and next friend, of Plaintiff-Appellant Jane Doe (collectively the "Doesâ€). Individually and on behalf of nine-year-old Jane Doe ("Janeâ€), the Magees sued, inter alia, the Covington County [Mississippi] School District, its Board of Education, its president... More...
$0 (08-23-2011 - MS)James E. Jennings, Jr. v. Houston Patton
In this action under 42 U.S.C. § 1983, James Jennings sued Judge Houston Patton, a county judge in Mississippi, for allegedly causing Jennings to be prosecuted without probable cause. Judge Patton moved to dismiss, or in the alternative for summary judgment, arguing in part that he was entitled to judicial immunity and qualified immunity. The district court denied Judge Patton's motion, conclud... More...
$0 (06-17-2011 - MS)Brait Builders Corporation v. Commonwealth of Massachusetts, Division of Capital Asset Management
In this appeal, plaintiff-appellant Brait Builders Corporation ("Brait") challenges the district court's dismissal of its claims -- brought under 42 U.S.C. § 1983 and Massachusetts state law -- against the Commonwealth of Massachusetts, Division of Capital Asset Management ("DCAM"). The district court issued a judgment dismissing the § 1983 claim with prejudice under Federal Rule of Civil Pr... More...
$0 (05-03-2011 - MS)C.H., II v. Rankin County School District
Appellants appeal the district court's (1) March 30, 2009 order dismissing Defendants City of Flowood, Wealton Beverly, Dimitri Ellison, Cheryl Lott, and Jerry Cox; (2) January 29, 2010 order dismissing defendant Hinds Community College; (3) April 16, 2010 order granting summary judgment for the remaining Defendants Rankin County School District, Kalvin Robinson, Richard Morrison, and Wendy Tucker... More...
$0 (03-04-2011 - MS)Joe H. Bryant, Jr. v. Military Department of the State of Mississippi
Col. (Ret.) Joe H. Bryant ("Bryantâ€), a former member of the Mississippi Air National Guard's ("MSANGâ€) 186th Refueling Wing, sued MSANG and individual MSANG officials ("Individual Appelleesâ€), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant's claims against individual Appellee F. Gregory Malta in his individu... More...
$0 (02-17-2010 - MS)Chauncey M. Depree, Jr. v. Martha Saunders, et al.
Dr. DePree, a tenured professor, sued the University of Southern Mississippi's president and various administrators and faculty members ("Appelleesâ€) after he was removed from teaching duties in August 2007 and evicted from his office in the College of Business. The district court granted summary judgment in favor of the Appellees and denied DePree's motion for temporary and permanent injunc... More...
$0 (11-12-2009 - MS)Deborah Ellis, et al. v. Mississippi Department of Health, et al.
Plaintiffs brought suit against the Mississippi Department of Health and thirteen of its employees in their official and individual capacities alleging constitutional violations stemming from three separate warrantless searches of the Susie M. Brooks Child Care Facility by the Mississippi Department of Health (MSDH). The searches were conducted pursuant to Mississippi statute permitting inspection... More...
$0 (09-02-2009 - MS)Roy A. Pasco v. Brad Knoblauch
Defendant Officer Brad Knoblauch appeals the district court's denial of his motion for summary judgment. For the following reasons, we reverse.<br><br>I<br><br>On April 29, 2000, Officer Brad Knoblauch ("Knoblauchâ€) of the Holly Springs Police Department was on a routine late-night/early-morning patrol when he observed Roy Pasco ("Pascoâ€) driving erratically. Believing Pasco was intoxi... More...
$0 (04-29-2009 - MS)<a href="http://www.mssc.state.ms.us/Images/Opinions/CO22349.pdf" target="_new">Titan Indemnity Company, et al. v. Carroll V. Hood, et al.</a>
<P> 1. The jury award in this breach of contract case from Copiah County exceeded $82 Million,1 $80 Million of which was punitive damages. The contract in question contains a provision which vests the courts of Bexar County, Texas, with exclusive personal jurisdiction and venue of the issues litigated by the parties. Accordingly, we reverse and render. <P>FACTUAL BACKGROUND <P>2. The Mississ... More...
$0 (11-25-2004 - MS)<a href="http://www.mssc.state.ms.us/Images/Opinions/CO9577.pdf" target="_new">Anderson Henderson, a minor, by and through his next friend and guardian, Walter Henderson and Walter Henderson, Invidiually v. Simpson County Public School District</a>
<P>In this action for damages under the Mississippi Tort Claims Act, Andrew Henderson, a minor, and his natural guardian, Walter Henderson, appeal from the Circuit Court of Simpson County's grant of summary judgment in favor of the Simpson County Public School District.1 While attending school, Andrew Henderson was injured when he was taunted and assaulted by another student in the presence of ... More...
$0 (07-10-2003 - MS)<a href="http://www.ca5.uscourts.gov/opinions/pub/01/01-60573-cv0.pdf"target="_new">Davidson v. Veneman</a>
This is the second appeal to this court by the plaintiff Charles Davidson, doing business as Davidson Farms (Davidson). Davidson previously appealed a grant of summary judgment in favor of the Farm Services Agency (FSA) that prohibited revision of his farm acreage report for 1994, thus preventing him from receiving disaster assistance from the FSA. Davidson v. Glickman, 169 F.3d 996 (5th Cir. ... More...
$0 (01-22-2003 - MS)<A HREF="http://www.ca5.uscourts.gov/Opinions/pub/00/00-60256-cv2.pdf" target="_new">Peter Clayton McClendon v. City of Columbia</a>
In July 1993, Defendant-Appellee Detective James Carney, a City of Columbia police detective, loaned a gun to Kevin Loftin, an informant for the Columbia Police Department, to enable Loftin to protect himself from Plaintiff-Appellant Peter McClendon. Loftin subsequently used the gun to shoot McClendon. A panel of this court held that Detective Carney thereby violated McClendon's substantive d... More...
$0 (11-11-2002 - MS)<a href="http://www.ca5.uscourts.gov/Opinions/pub/00/00-60589-cv0.htm" target="_new">R.C. Price v. Murry Roark</a>
The goings on in Shaw, Mississippi provide the fodder for this appeal. Murry Roark, a county law enforcement officer, arrested R.C. Price, Jr., a salvager of abandoned buildings, charging him with a license tag violation and arson of an abandoned building in Shaw. The tag violation, a sore spot because of Price's alleged history of tag violations, was admitted by Price; the arson charge was denied... More...
$0 (07-18-2001 - MS)<a href="http://www.ca5.uscourts.gov/opinions/pub/00/00-60125-cv0.htm" target="_new">Baldwin v. Daniels</a>
Plaintiff, Teresa Baldwin, appeals from a take nothing judgment in her case against defendant Sheriff Frankie Daniels under Section 1983 alleging due process and First Amendment violations stemming from Daniels' refusal to accept bonds written by Baldwin without notice or hearing. Finding that Baldwin has no constitutionally protected liberty or property interest in having bonds written by her acc... More...
$0 (05-29-2001 - MS)Rhonda Allday v. Mississippi Transportation Commission, ex rel., Mike Moore, Attorney General, State of Mississippi.
21-year old Rhonda Allday was seriously injured on the morning of September 13, 1992, when the car her husband was driving struck a pothole on Highway 11 near their home in Moselle, Mississippi, and careened into a concrete bridge abutment. She sustained permanent and disfiguring injuries to her jaw and hip; a broken ankle and wrist; and internal injuries which required the removal of her spleen a... More...
$160000 (05-14-1998 - MS)