Collins v. Tallahatchie County
| Docket Number: | 2003-CA-01377-SCT Linked Case(s): 2003-CA-01377-SCT |
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| Supreme Court: |
Opinion Date: 07-01-2004 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tort Claims Act - Probable cause for warrantless arrest - Reckless disregard - Judicial act - Section 11-46-9(1)(a) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Concurs in Result Only: Graves, 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: 06-05-2003 Appealed from: Tallahatchie County Circuit Court Judge: Andrew C. Baker Disposition: Granted summary judgment based on sovereign immunity. Case Number: CV2001-45-BT2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Essie Collins |
W. ELLIS PITTMAN |
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| Appellee: | Tallahatchie County, a Political Subdivision of the State of Mississippi | WILLIAM O. LUCKETT, JR. |
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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: | Tort Claims Act - Probable cause for warrantless arrest - Reckless disregard - Judicial act - Section 11-46-9(1)(a) |
| Summary of the Facts: | Essie Collins, who had been shot and wounded by her husband, sued Tallahatchie County in tort for failing to arrest her husband prior to the incident. The court found that the County was entitled to sovereign immunity. Collins appeals. |
| Summary of Opinion Analysis: | Even though no arrest warrant was issued for her husband, Collins argues that probable cause existed for a warrantless arrest and/or, in the alternative, that a warrantless arrest was specifically authorized by section 99-3-7(3). She argues that because there was probable cause, the Sheriff’s Department is not entitled to immunity because it acted in reckless disregard for her safety and well-being. Reckless disregard requires that the person knowingly or intentionally commit a wrongful act. Even viewing the facts in a light most favorable to Collins, she has shown no evidence that the Sheriff’s Department knew that it could and/or was required to arrest her husband. Therefore, the conduct of the Sheriff’s Department, even if negligent, can not be said to have risen to the level of reckless disregard based upon the facts. Collins also argues that the County should be held liable for the failure of the justice court judge or clerk to deliver the arrest warrant to the Sheriff’s Department. The type of conduct complained of would be an administrative act of a judicial nature. Thus, the alleged conduct of both the justice court clerk and judge falls squarely within section 11-46-9(1)(a), and the judge properly found that sovereign immunity prevented prosecution of Collins’ claims. |
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