Black v. City of Tupelo
| Docket Number: | 2002-CA-01919-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: Smith, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - M.R.C.P. 12(b)(6) - Hearing - Res judicata - Notice of claim - Section 11-46-11(1) Judge(s) Concurring: Pittman, C.J., Waller, Cobb, Easley, Carlson and Graves, JJ. Non Participating Judge(s): McRae, P.J., and Diaz, J. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-27-2002 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: Granted the City of Tupelo’s motion to dismiss based upon Black's failure to follow the procedures of the MTCA. Case Number: CV00-081(R)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Black |
PRO SE |
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| Appellee: | City of Tupelo | TACEY CLARK CLAYTON |
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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: | Personal injury - Tort Claims Act - M.R.C.P. 12(b)(6) - Hearing - Res judicata - Notice of claim - Section 11-46-11(1) |
| Summary of the Facts: | Eddie Black alleged the City of Tupelo and individual police officers employed by the Tupelo Police Department, including Mark Price, Clay Hassell, Jaime Harper, James Moses, Jay Clark, Michael Olive and Paul Howell, harassed him, were negligent in performing their duties, were part of a conspiracy to cause, and broke a “Covenant Not to Sue.” Black made the identical allegations against the same officers and the City of Tupelo in a civil action in the United States District Court for the Northern District of Mississippi. After that case was dismissed with prejudice, Black filed this case in Lee County Circuit Court. The court granted the City of Tupelo’s motion to dismiss, and Black appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearing Black argues that the court erred in granting the dismissal without a hearing. Whether a trial court may grant a M.RC.P. 12(b)(6) motion to dismiss for failure to state a claim without conducting an oral hearing has not been addressed. However, this question has been addressed in the context of a Rule 56(c) motion for summary judgment when the Supreme Court held that the error of not holding a hearing was harmless since the judge had all necessary information to make a ruling on the motion for summary judgment in his possession. Here, the failure of the court to hold a hearing prior to granting the motion to dismiss was harmless error since the only remaining questions for the court were ones of law. Issue 2: Res judicata Under the doctrine of res judicata, parties are prevented from litigating issues tried in a prior lawsuit, as well as matters which could have been litigated in the prior suit, if four identities are present in both actions: subject matter; cause of action; parties; quality or character of a person against whom the claim is made. The subject matter of the federal suit and the case at bar are the same. The allegations contained in Black’s federal suit are based on the same underlying facts and circumstances as this case. The City of Tupelo is the same defendant as in the previous federal action and all individuals named as defendants are police officers with the Tupelo Police Department. Therefore, the court was correct in ruling that this complaint was barred by the doctrine of res judicata. Issue 3: Notice of claim Section 11-46-11(1) requires that a person filing an action against a governmental agency file a notice of claim with the chief executive officer of the entity ninety days prior to maintaining the action. Black has not substantially complied with the statutory requirements since he failed to send any notice of claim letter at all. Therefore, his suit is barred. |
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