 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Simpson v. City of Pickens6/1/2000
DATE OF JUDGMENT: 10/09/1998
TRIAL JUDGE: HON. JANNIE M. LEWIS
COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: REVERSED AND REMANDED - 06/01/2000
STATEMENT OF THE CASE
. David Simpson brought suit against the City of Pickens and William Blackstock, individually and in his official capacity as a police officer for the City, pursuant to the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. § 11-46-1 et seq. (Supp. 1999). Simpson acknowledged that Blackstock was acting in the course and scope of his employment, but claimed that Blackstock acted in reckless disregard of the safety and well-being of persons not engaged in criminal activity at the time of injury, thus negating the exemption from liability provided under § 11-46-9(1)(c). Simpson also demanded a trial by jury. The case was tried in a bench trial in the Holmes County Circuit Court where the court found for the City of Pickens and Blackstock. On appeal to this Court, Simpson raised two issues:
I. THE LOWER COURT USED AN INCORRECT LEGAL ANALYSIS AND STANDARD IN RENDERING A JUDGMENT IN FAVOR OF THE, APPELLEE.
II. THE MISSISSIPPI TORT CLAIMS ACT DID NOT BAR, APPELLANT'S RIGHT TO A JURY TRIAL
. We find no error with regard to the jury trial issue. However, we reverse and remand to the trial court for application of the "preponderance of evidence" standard of proof which we today adopt for use in construing the provisions of Miss. Code Ann. § 11-46-9(1)(c).
STATEMENT OF THE FACTS
. Simpson's complaint alleged that on the night of March 24, 1996, William Blackstock, a law enforcement officer employed by the City of Pickens, came to Simpson's home, kicked in the front door, pulled a gun in front of Simpson's children and arrested him, although he had committed no crime . Simpson alleged that Blackstock uttered racial slurs and falsely charged him with aggravated assault. The complaint, which sought actual and punitive damages, also asserted that "the wilful, intentional, wanton, and reckless assault" against Simpson and the wrongful arrest, false imprisonment, and unlawful arrest and detention were a result of Blackstock's negligent acts.
. The City of Pickens and Blackstock filed separate answers and defenses, denying all of Simpson's allegations and claiming, inter alia, immunity under the MTCA, as well as denying that Simpson was entitled to a jury trial.
. During the trial, Blackstock testified that while patrolling the City of Pickens, he saw Medford Greer pull around a car, driven by Simpson, which was sitting at a stop sign. Blackstock followed Greer and stopped him because he appeared to run the stop sign when he pulled around Simpson. At that time, Greer said: "Well, that guy was just sitting there at the stop light; wouldn't even move. Something is wrong with him." When Blackstock went back and began following Simpson, he saw Simpson weave and tried to pull him over by use of blue lights and intermittently, his siren. Simpson did not cooperate. Blackstock continued to follow Simpson, who stopped at several stop signs and each time, when Blackstock would get out of his car to approach the vehicle, Simpson would drive away. Simpson finally stopped in the driveway of his home, but even there he would not obey Blackstock's order to stop walking toward the house and talk with him. According to Blackstock, an altercation occurred, and after a chase around the yard and over fences, Simpson made it into his home. Blackstock then kicked in Simpson's front door to gain entry into the home. Blackstock called for back
Page 1 2 3 4 5 6 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|