Carter v. Miss. Dep't of Corrections, et al.
| Docket Number: | 2002-CA-01726-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-13-2003 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Immunity - Section 11-46-9(m) - Section 11-7-13 - Constitutional claim Judge(s) Concurring: Smith, P.J., Cobb and Carlson, JJ. Non Participating Judge(s): McRae, P.J., Dissents with Separate Diaz, J. Dissenting Author : Graves, J. OPINION. Dissenting Author : McRae, P.J. Dissent Joined By : Waller, J. Concurs in Result Only: Pittman, C.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 10-03-2002 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: Granted the Appellee's motion to dismiss, or alternatively, for summary judgment and dismissed the second amended complaint with prejudice. Case Number: 98-238 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ruby Carter, Individually, and on Behalf of the Wrongful Death Heirs and Beneficiaries, and Estate of Stacie Carter, Deceased |
CARROLL RHODES |
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| Appellee: | Mississippi Department of Corrections and Fred Childs, in His Official Capacity as Superintendent of the Rankin County, Mississippi Correctional Facility | MICHAEL JEFFREY WOLF JAMES D. HOLLAND |
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| Topic: | Wrongful death - Immunity - Section 11-46-9(m) - Section 11-7-13 - Constitutional claim |
| Summary of the Facts: | Individually and on behalf on the wrongful death heirs and the estate of Stacie Carter, Ruby Carter filed suit against the Mississippi Department of Corrections and Fred Childs, Superintendent of the Central Mississippi Correctional Center in Rankin County, in the Copiah County Circuit Court. That court transferred the case to the Rankin County Circuit Court. MDOC and Childs filed a motion to dismiss or alternatively, for summary judgment which the court granted. The court certified the judgment as final as to the MDOC and Childs, in his official capacity as superintendent of the CMCC, pursuant to M.R.C.P. 54(b). Carter appeals. |
| Summary of Opinion Analysis: | Issue 1: Immunity Carter argues that the court erred in granting summary judgment to the MDOC and Childs based on their immunity from liability. Section 11-46-9(m) provides that a governmental entity and its employees acting within the course and scope of their employment shall not be liable for any claim of a claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution. Carter argues that the wrongful death survivors have a separate tort from that of the deceased inmate. However, section 11-7-13 clearly states that wrongful death beneficiaries are entitled to maintain an action and recover damages as would the decedent if death had not ensued. Since Stacie was an inmate at the time of his death, his wrongful death survivors are not entitled to maintain an action against the MDOC and Childs. Issue 2: Constitutional claim Carter argues that Childs and the MDOC are liable due to their deliberate indifference to the serious medical needs of the prisoners proscribed in the Eighth Amendment. In order to establish liability for a section 1983 violation, either on the part of the individual official or a governmental body, the plaintiff's harm must have been caused by a constitutional violation. Because Carter did not establish that Stacie suffered any constitutional violation, the court did not err by granting summary judgment. |
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