Johnson v. City of Quitman
| Docket Number: | 2010-CA-00850-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Lee, C.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Reckless disregard - Section 11-46-9(1)(c) Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. 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: 04-01-2010 Appealed from: Clarke County Circuit Court Judge: Robert Bailey Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF THE CITY OF QUITMAN Case Number: 2009-23 B |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Shannon Johnson and Sashaye Johnson |
LINDA ANN HAMPTON |
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| Appellee: | City of Quitman, Mississippi | MICHAEL JEFFREY WOLF | ||
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 - Reckless disregard - Section 11-46-9(1)(c) |
| Summary of the Facts: | Shannon Johnson and her daughter, Sashaye Johnson, filed suit against the City of Quitman and Officers Hank Gandy and Cathy Camero, individually and in their capacity as Quitman Police Officers. Johnson asserted that the City and the Officers were liable for injuries sustained by Johnson from an assault by Johnson’s ex-husband as a result of their failure to arrest him. Ultimately, the Officers were dismissed from the action, and Johnson does not raise this dismissal in her appeal. The City filed a motion for summary judgment which the court granted. Johnson appeals. |
| Summary of Opinion Analysis: | Johnson argues that the Officers acted with reckless disregard to her and her daughter’s safety. Reckless disregard under section 11-46-9(1)(c) embraces willful and wanton conduct which requires knowingly or intentionally doing a thing or wrongful act. Here, Johnson’s ex-husband was not arrested, but he was ordered to leave the premises. Furthermore, Officer Cameron stayed at the scene until she was certain he had left the premises. He came back to Johnson’s house approximately three days later and stabbed Johnson and her daughter. Johnson has presented no evidence suggesting that the Officers intended for harm to follow their decision not to arrest her ex-husband. There is no evidence that the Officers’ conduct was willful or wanton. Johnson argues that the Officers attempted to conceal their wrongdoing by falsifying their records. However, Johnson has failed to support this contention with anything other than mere allegations. |
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