Love v. Sunflower County Sheriff's Dep't., et al.
| Docket Number: | 2002-CA-01724-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-04-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tort Claims Act - Inmate status - Section 11-46-9(1)(m) - Reckless and wanton conduct - Section 11-46-9(1)(c) Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb and Easley, JJ. Non Participating Judge(s): DIAZ, J., Dissenting Author : Graves, J. Dissenting Author : McRae, P.J. Dissent Joined By : Waller, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 09-05-2002 Appealed from: Sunflower County Circuit Court Judge: Richard Smith Disposition: Granted the defendants’ motion for summary judgment. Case Number: 2001-0262-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Yoshino Love |
GLORIA MARIA GARDNER
EDUARDO ALBERTO FLECHAS
JAMES D. BELL
GERALD GAGGINI |
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| Appellee: | Sunflower County Sheriff's Department, Ned Holder, in His Official Capacity as Sheriff of Sunflower County, Billy Weeks, in His Official Capacity as Jail Administrator of the Sunflower County Jail, and Harold Keyes, in His Official Capacity with the Sunflower County Jail | ROBERT JOSEPH MIMS |
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| Topic: | Tort Claims Act - Inmate status - Section 11-46-9(1)(m) - Reckless and wanton conduct - Section 11-46-9(1)(c) |
| Summary of the Facts: | Yoshino Love filed a suit against the Sunflower County Sheriff’s Department, Sheriff Ned Holder, and other employees of the Sheriff’s Department after he was attacked by several inmates in the common area of the Sunflower County Jail. The defendants filed a motion for summary judgment which the court granted. Love appeals. |
| Summary of Opinion Analysis: | Love argues that he was not an inmate within the meaning of the Tort Claims Act and that the deputy acted with wanton or reckless conduct. Under section 11-46-9(1)(m), a governmental entity and its employees acting within the course and scope of their employment are not liable for any claim of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution. An inmate is a person confined to a prison, penitentiary or the like. In this case, Love had been arrested for aggravated assault with a weapon three days prior to the attack and was still being held in the Sunflower County Jail. Although he was prepared to bond out and had met with a bail bondsman, the attack on Love occurred before Love’s mother arrived at the jail with the money to complete the bonding process. Until the money was paid and all paperwork complete, Love’s release was not imminent. Therefore, the Sunflower County defendants are exempt from liability under section 11-46-9(1)(m). Love also argues that the actions of the deputy were taken with wanton and/or reckless disregard sufficient to waive governmental exemption from liability. Section 11-46-9(1)(c) does not apply where a governmental entity is immune from all claims arising from claimants who are inmates at the time the claim arises. |
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