City of Laurel v. Williams Ex Rel. Williams

21 So. 3d 1170, 2009 Miss. LEXIS 566, 2009 WL 3857459
CourtMississippi Supreme Court
DecidedNovember 19, 2009
Docket2008-CA-01137-SCT
StatusPublished
Cited by25 cases

This text of 21 So. 3d 1170 (City of Laurel v. Williams Ex Rel. Williams) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Laurel v. Williams Ex Rel. Williams, 21 So. 3d 1170, 2009 Miss. LEXIS 566, 2009 WL 3857459 (Mich. 2009).

Opinions

KITCHENS, Justice,

for the Court.

¶ 1. Kenneth Wilson was convicted of the murder of his girlfriend, Lisa Williams. Prior to Williams’s murder, officers of the City of Laurel Police Department were dispatched to two separate disturbances involving Wilson, but no arrest was made. Williams’s wrongful-death beneficiaries brought suit against the City of Laurel, alleging that the City was liable for failing to arrest Wilson. Following a bench trial, the circuit judge found for the plaintiffs and awarded damages of $75,000. The City of Laurel now appeals.

FACTS

¶ 2. At approximately 8:30 p.m. on July 2, 2003, Officers Styron Keller and Shane Valentine of the Laurel Police Department were dispatched to an alleged domestic dispute at Lisa Williams’s residence. Neither Officer Keller nor Officer Valentine noticed anything unusual about the appearance of Williams or Kenneth Wilson, and there was no indication that either of them had been “struck, hit or harmed in any way....” After making these initial [1173]*1173observations, the officers separated Williams and Wilson. Officer Keller interviewed Wilson, while Officer Valentine interviewed Williams.

¶ 3. Officer Keller testified that Wilson was calm and cooperative throughout the interview. During this interview, Officer Keller noticed a nick on one of Wilson’s right fingers. When asked about the abrasion, Wilson explained that he did not know he had been cut, and that he likely had received it at work. However, Wilson admitted that he and Williams had gotten into a “tussle,” and that Williams had hit him in the head.

¶4. Rika Carmichael, Williams’s niece and roommate, testified that she had been in another room when Wilson and Williams began fighting. Carmichael “heard a lot of bumping” from the room, so she opened the door and found Wilson on top of Williams on the bed. Carmichael added that there were no signs of injury to Williams, other than “her hair [being] messed up.” Carmichael then directed Williams’s fourteen-year-old son to call the police, and within approximately ten minutes, the officers arrived at the scene.

¶ 5. After the field interviews had been performed, Officer Keller told Wilson and Williams that he had probable cause to arrest both of them. Officer Keller asked Williams and Wilson whether they wished to press charges against each other, and both indicated that they did not wish to do so. Both Williams and Carmichael indicated that they simply wanted Wilson to leave the residence.

¶ 6. Wilson informed Officer Keller that he intended to go to the home of Williams’s mother, Annie Walker, where he occasionally went when he and Williams got into a fight. Officers Keller and Valentine watched Wilson pack a bag, with Williams’s assistance, and the officers stayed at the scene until Wilson had left the residence on foot.

¶7. Carmichael testified that after the officers had left the scene, Wilson returned to the house and asked for a ride. Carmichael then drove Wilson to Walker’s house. Carmichael said that she was in no fear of Wilson.

¶ 8. Later that night, at approximately 10:00 p.m., Officers Valentine and Keller and Sergeant Jackson responded to a second incident, this one at Annie Walker’s residence. Upon arrival, the officers found Wilson sitting on the sidewalk steps leading to the house. Officer Keller testified that Wilson was “calm, cool [and] cooperative.”

¶ 9. Walker and her husband informed Officer Valentine that they simply wanted Wilson to leave. Walker testified that Wilson was very intoxicated and angry, but Walker did not suggest that she feared Wilson. Furthermore, Walker suggested at trial that she had wanted Wilson arrested, but she indicated that she had wanted him arrested only for trespassing.

¶ 10. Officer Keller informed Wilson that he could choose between his mother’s picking him up or going to jail. Ultimately, Officer Keller called Wilson’s mother, who agreed to pick up Wilson at the police department. It is disputed whether Wilson was under arrest at that time. Although Wilson was placed in handcuffs before being placed in the car, the officers testified that it is common practice to place any person riding in the back of a patrol car in handcuffs. In addition, Officer Keller gave the dispatcher the code “10-12,” which indicates a passenger or visitor is in the car, rather than the code “10-15,” which indicates that a prisoner is in the car and the car is en route to the jail.

¶ 11. Some time later, Wilson’s mother and father picked up Wilson at the police [1174]*1174station, but no evidence was presented at trial as to where Wilson’s parents took him.

¶ 12. At approximately 11:15 p.m., the officers were called back to Carmichael’s and Williams’s house. At the scene, the officers found Wilson with a knife in his hand, standing over Williams, who was still alive but covered in blood. The officers arrested Wilson, and Williams died of stab wounds at the hospital.

¶ 13. On June 23, 2008, following a bench trial, the Circuit Court of the Second Judicial District of Jones County entered its final judgment, finding the City of Laurel liable for the death of Lisa Williams.

ISSUE

¶ 14. The only issue on appeal is whether the City of Laurel is immune from liability under the facts of this case.

STANDARD OF REVIEW

¶ 15. Immunity is a question of law. Miss. Dep’t of Pub. Safety v. Dum, 861 So.2d 990, 994 (Miss.2003) (citing Mitchell v. City of Greenville, 846 So.2d 1028, 1029 (Miss.2003)). “This Court reviews errors of law de novo, including the proper application of the Mississippi Tort Claims Act.” Phillips v. Miss. Dep’t of Pub. Safety, 978 So.2d 656, 660 (Miss. 2008). Notwithstanding, “[t]he findings of fact by a circuit court judge, sitting without a jury, will not be reversed on appeal where they are supported by substantial, credible, and reasonable evidence.” Id. (citing City of Greenville v. Jones, 925 So.2d 106, 109 (Miss.2006); City of Jackson v. Perry, 764 So.2d 373, 376 (Miss. 2000)).

DISCUSSION

¶ 16. Through the Mississippi Tort Claims Act (MTCA), the Legislature has provided that, as a matter of public policy, the state and its political subdivisions are immune from tortious acts or omissions by its employees while they are acting within the course and scope of their employment. Miss.Code Ann. § 11-46-7(1) (Rev.2002); Phillips, 978 So.2d at 660. However, the Legislature saw fit to carve out certain exceptions to the general rule of sovereign immunity. The applicable exception in this case provides that when a police officer acts within the scope of his or her employment, the city will not be held civilly liable unless the officer acted with reckless disregard of the safety and well-being of a person not engaged in criminal conduct. Miss.Code Ann. § ll-46-9(l)(c) (Rev.2002).1

¶ 17. To recover damages in such a matter, a plaintiff must “prove by a preponderance of evidence that the defendants acted in reckless disregard of his [or her] safety and that [the plaintiff] was not engaged in criminal activity at the time of injury.” Phillips, 978 So.2d at 661 (citing

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Bluebook (online)
21 So. 3d 1170, 2009 Miss. LEXIS 566, 2009 WL 3857459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-laurel-v-williams-ex-rel-williams-miss-2009.