Dependants of Reid v. City of Canton, et al.
| Docket Number: | 2002-CA-00721-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Qualified immunity Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 04-19-2002 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: SUMMARY JUDGMENT FOR APPELLEES Case Number: 20010162CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dependants of George Reid, Jr. |
MICHAEL H. STEELE |
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| Appellee: | City of Canton, Mississippi; Mayor of City of Canton, Alice Scott, in Her Official and Individual Capacities; the Police Chief for the City of Canton, Luke Gordon, in His Official and Individual Capacities; and the Board of Aldermen of the City of Canton, Mississippi, William Mosby, Jon Flynn, Charles Weems, Louis Smith, Kenneth Jones, Robbie Johnson and William Truly, All in Their Official and Individual Capacities | GARY E. FRIEDMAN CHELYE P. AMIS |
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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: | Wrongful death - Qualified immunity |
| Summary of the Facts: | The dependants of George Reid, Jr. filed a wrongful death suit against the City of Canton, the mayor, police chief, and each member of the board of aldermen of the City of Canton, all in their individual capacity. They alleged that the municipal officials were negligent in failing to protect George Reid, Jr. from murder by a released arrestee. The municipal officials filed a motion to dismiss. The court granted summary judgment against the dependants, and they appeal. |
| Summary of Opinion Analysis: | The dependants argue that granting summary judgment was erroneous, because each of the defendants had a duty to protect George and they were negligent in their reckless disregard for the safety and well-being of George’s life. A public official is shielded by qualified public official immunity unless his breach of a legal duty causes injury and that duty is ministerial in nature, or that duty involves the use of discretion and the governmental actor greatly or substantially exceeds his authority and in the course thereof causes harm, or the governmental actor commits an intentional tort. The Reid dependants must first show the existence of a legal duty owed to them by the municipal officials. While municipal officials are charged with the responsibility of providing police protection for its citizens, they are not guarantors of the safety of the general public. Therefore, any assertion that the municipal officials breached a duty to George because they failed to guarantee his safety and well-being is unrealistic and untenable. |
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