Southern v. Jones, et al.
| Docket Number: | 2002-CP-01027-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tort Claims Act - Statute of limitations - Section 11-46-11 (3) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 05-09-2002 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: DISMISSED WITH PREJUDICE FOR LACK OF JURISDICTION. Case Number: 251-01-1196 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie B. Southern, Jr. |
WILLIE B. SOUTHERN, JR. (pro se) |
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| Appellee: | Officer Gerald Jones, Individually and in his Capacity as Police Officer, City of Jackson, Police Department and City of Jackson, Mississippi | RODNEY RAMON DIXON HILTON RAY MILLER TERRY WALLACE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Tort Claims Act - Statute of limitations - Section 11-46-11 (3) |
| Summary of the Facts: | Willie Southern filed a complaint against the City of Jackson and Officer Gerald Jones. The City of Jackson filed a motion to dismiss for want of jurisdiction. The court dismissed the case, and Southern appeals. |
| Summary of Opinion Analysis: | Section 11-46-11 (3) provides that all actions brought under the Tort Claims Act shall be commenced within one year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based. The events described in the complaint are alleged to have occurred on March 28, 1999, and Southern's complaint was not filed until October 18, 2001, well after the one year statutory limit. |
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