Estate of Carr v. City of Ruleville
| Docket Number: | 2007-CA-00007-COA Linked Case(s): 2007-CA-00007-SCT ; 2007-CA-00007-COA ; 2007-CT-00007-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2008 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Discretionary function immunity Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 11-15-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: AFTER BENCH TRIAL, VERDICT ENTERED FOR DEFENDANT Case Number: 2004-0473-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ESTATE OF LAKESHIA DENISE CARR, DECEASED, BY AND THROUGH MINNIE MACFIELD, ADMINISTRATRIX |
J. MURRAY AKERS,
NICK CRAWFORD |
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| Appellee: | THE CITY OF RULEVILLE | JEFFREY S. DILLEY |
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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 - Tort Claims Act - Discretionary function immunity |
| Summary of the Facts: | Lakeshia Carr filed a criminal complaint with the Ruleville Police Department against her estranged boyfriend, Rodney White. An arrest warrant for White was issued shortly thereafter. Larry Mitchell, acting Chief of the Ruleville Police Department, was unable to locate White. While Carr was at her mother’s home, White entered the home, shot and killed Carr, and then killed himself. Carr’s mother, Minnie Macfield, on behalf of Carr’s estate, filed a wrongful death suit against the City of Ruleville and the City of Drew. The complaint against the City of Drew was later dismissed. The court found that the City was entitled to discretionary function immunity. Macfield appeals. |
| Summary of Opinion Analysis: | Macfield argues that the trial court should have determined whether the police chief acted with reckless disregard of Carr’s safety, and the trial court erred in determining that the chief’s conduct involved a discretionary function. In determining whether governmental conduct is discretionary, the court considers whether the activity involved an element of choice or judgment; and if so, whether the choice or judgment in supervision involves social, economic, or political policy alternatives. In this case, immediately upon executing the arrest warrant, the police chief began searching for White. He arranged for Carr’s house to be monitored for several mornings at the time he was informed White was usually there. He personally visited Carr’s house on more than one occasion and also interviewed Carr’s neighbors. An expert in the fields of law enforcement practice and procedure testified that serving an arrest warrant involves the exercise of discretion, and the chief’s actions in attempting to execute the search warrant were reasonable and appropriate under the circumstances. Thus, the court did not err in determining that the chief’s conduct involved a discretionary function. Since the court did not address whether the City was immune under the police protection provision of section 11-46-9(1)(c), it is not necessary to discuss Macfield’s remaining issue. |
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