Knight v. Terrell
| Docket Number: | 2006-CA-00753-SCT Linked Case(s): 2006-CA-00753-SCT |
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| Oral Argument: | 05-16-2007 | |
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| Supreme Court: | Opinion Link Opinion Date: 07-26-2007 Opinion Author: DIAZ, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Immunity of peace officers - Section 37-7-321 - Section 37-7-323 Judge(s) Concurring: SMITH, C.J., WALLER, P.J., CARLSON, GRAVES, DICKINSON, RANDOLPH AND LAMAR, JJ. Concurs in Result Only: EASLEY, J. Procedural History: Summary Judgment & Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 04-07-2006 Appealed from: Jasper County Circuit Court Judge: Robert G. Evans Disposition: Trial court granted Summary Judgment in Terrell's favor by virtue of the MTCA. Case dismissed. Case Number: 10-0093 |
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| Note: | This case asks whether a peace officer appointed by a school board to provide security is immune from suit by virtue of sovereign immunity. | |
| Party Name: | Attorney Name: | |||
| Appellant: | L. RODNEY KNIGHT, KEITH KNIGHT AND
CHAD KNIGHT, BEING ALL THE HEIRS AT
LAW OF ELJEAN T. KNIGHT, DECEASED |
STEVEN D. SLADE
JACQUELINE K. THACH |
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| Appellee: | GREG TERRELL d/b/a TERRELL SECURITY SERVICES AND d/b/a GTS TERRELL SERVICES | LANNY R. PACE |
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| Topic: | Wrongful death - Tort Claims Act - Immunity of peace officers - Section 37-7-321 - Section 37-7-323 |
| Summary of the Facts: | Eljean Knight and her son Keith Knight were schoolteachers at Heidelberg High School. A student began a confrontation with Mrs. Knight. Her son attempted to intervene, but Mrs. Knight was pushed or fell to the ground. The injury she suffered caused her death. Keith filed suit against the school and others, specifically Greg Terrell, an independent contractor doing business with the school as Terrell Security Services. Terrell filed a motion for summary judgment which the court granted. Knight appeals. |
| Summary of Opinion Analysis: | Terrell argues that he is immune from suit by virtue of the Tort Claims Act. The trial court relied solely on an opinion from the Office of the Attorney General that a “school peace officer” was entitled to immunity by virtue of the Tort Claims Act. The Legislature allows schools to retain peace officers for the purpose of providing security on school campuses under section 37-7-321. Section 37-7-323 grants to these independent contractors the powers of a constable. A constable’s duties fall under the title of police protection and are generally immune from suit by virtue of section 11-46-9(1)©. Although Terrrell argues that a peace officer is entitled to any immunities afforded constables, section 37-7-323 does not contain an express grant of immunity. Unless or until the Legislature expressly crafts the statute to provide constabulary immunity to independent contractors, the Court will not draft one where it does not exist. |
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