Pigford v. Jackson Public School Dist.

910 So. 2d 575, 2005 WL 225330
CourtCourt of Appeals of Mississippi
DecidedFebruary 1, 2005
Docket2002-CA-01947-COA
StatusPublished
Cited by4 cases

This text of 910 So. 2d 575 (Pigford v. Jackson Public School Dist.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pigford v. Jackson Public School Dist., 910 So. 2d 575, 2005 WL 225330 (Mich. Ct. App. 2005).

Opinion

910 So.2d 575 (2005)

Jacob PIGFORD, individually and by and through Mike Pigford, Natural Father and Next Best Friend, Appellants
v.
JACKSON PUBLIC SCHOOL DISTRICT, Marshall Frazier and Magill Jones, Appellees.

No. 2002-CA-01947-COA.

Court of Appeals of Mississippi.

February 1, 2005.
Rehearing Denied May 17, 2005.
Certiorari Denied September 8, 2005.

*576 Jamie Kelly McBride, Jackson, attorney for appellants.

Carolyn Curry Satcher, Terry R. Levy, Jackson, attorneys for appellees.

Before BRIDGES, P.J., CHANDLER and GRIFFIS, JJ.

CHANDLER, J., for the Court.

¶ 1. Jacob Pigford is an autistic child who cannot verbally communicate. On the day of the incident that gave rise to this lawsuit, Jacob's teacher was in a meeting, and a teacher's aide was escorting Jacob to his classroom. Jacob became agitated and upset, while the teacher's aide continued to move Jacob through the hallway. Jacob suffered bruises as a result of the teacher's aide's attempts to restrain Jacob. Jacob's parents sued on Jacob's behalf, alleging that the teacher's aid used excessive force, that the school district failed to train and supervise its employees, and that the school district failed to establish guidelines regarding moving children like Jacob through crowded hallways.

¶ 2. Following a bench trial, the Hinds County Circuit Court entered a final judgment in favor of the defendants. The Pigfords appeal, raising the following issues:

I. WHETHER THE CIRCUIT COURT ERRED IN APPLYING THE WILLFUL AND WANTON STANDARD OF CARE WHEN IT FOUND THAT THE DEFENDANTS WERE NOT LIABLE
II. WHETHER THE CIRCUIT COURT ERRED IN FINDING THAT THE JACKSON PUBLIC SCHOOL DISTRICT PROVIDED JACOB WITH A REASONABLY SAFE SCHOOL ENVIRONMENT

¶ 3. Finding no error, we affirm.

FACTS

¶ 4. Jacob Pigford was an exceptional education student in the Jackson Public School District (JPSD) who attended Forest Hill High School. An autistic student, Jacob could not speak and had the maturity level of a three-year-old child. Jacob was subject to unpredictable outbursts triggered by a variety of things, including sudden noises, unfamiliar surroundings, and unfamiliar persons. Occasionally, Jacob would twirl, spin around, run uncontrollably flaring his arms, hit other students, or drop to the floor and refuse to *577 respond to instructions from his parents or teachers. All these characteristics of Jacob were known to JPSD.

¶ 5. On most mornings, Jacob's primary teacher, Marshall Frazier, would escort Jacob and the other exceptional education students to their respective classrooms. On November 15, 1999, Frazier was in a meeting with another student's parents and was unable to escort or supervise Jacob. Instead, Magill Jones, the teacher's aide who worked with Frazier, and another teacher, Donald Terry, escorted Jacob and the other exceptional education students to their classrooms. As was common, the ringing bell and rush of students caused Jacob to have an anxiety attack. Jones attempted to control Jacob by grabbing him and holding Jacob's arms in an effort to prevent Jacob from hurting himself or the other students. Jacob resisted Jones's attempts to restrain him and control his movements. Jones admitted that he tried to lift Jacob from the floor by picking Jacob up by his arms, but Jones denies that he used excessive force.

¶ 6. Later in the evening, as his parents were giving Jacob a bath, Jacob's parents noticed bruises on Jacob's arms. They telephoned Jacob's teachers and other JPSD officials to inquire about the injuries. A meeting was held the next morning to discuss the matter.

¶ 7. Jacob, his parents, JPSD's exceptional student area administrator, Jan Harkins, and Forest Hill principal, Don Thornton, attended the meeting. In response to Mr. and Mrs. Pigford's inquiry, Thornton individually summoned Frazier, Jones, and Terry. At the meeting, it was revealed that Jones and Terry made Frazier aware of the incident, but Frazier did not believe the incident was any more serious than other times that Jacob acted out. No one at Forest Hill noticed any bruises on Jacob because he was wearing a long-sleeved shirt.

¶ 8. Everyone agreed that the bruises on Jacob were unsightly. However, when Jacob was taken to the doctor, no treatment or medication was warranted or prescribed. Jacob was never treated by a psychiatrist or psychologist for the incident. Jacob's bruises went away in due course, and he completed the 1999-2000 school year without further incident.

¶ 9. Harkin and JPSD administrator Jeanette McCree were somewhat concerned with the incident and discussed whether any revisions to their school policies were needed to prevent further occurrences. After an investigation, they concluded that no additional remedial measures were needed, nor could they conclude that Jones or Frazier violated any school policies.

¶ 10. Jacob's father sued JPSD, Frazier, and Jones (collectively referred to as "defendants") on Jacob's behalf, believing that Jones used excessive force to restrain and control his son. The Pigfords further alleged that the administrators of Forest Hill and JPSD were negligent in their training of their employees. The Hinds County Circuit Court held that JPSD acted reasonably to counteract Jacob's behavior and that the Pigfords failed to meet the liability threshold to recover from Frazier, Jones, or the JPSD.

¶ 11. In deciding that the Pigfords failed to meet the liability threshold, the circuit court applied Mississippi Code Annotated Section 11-46-9(1)(x) (Supp.2004). This section specifically relates to the taking of action to maintain control and discipline of students. It states as follows:

A governmental entity and its employees acting within the course and scope of their employment or duty will not be liable for any claim:
*578 (x) arising out of the administration of corporal punishment or the taking of an action to maintain control and discipline of students, as defined in § 37-11-57, by a teacher, assistant teacher, principal or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton or willful disregard of human rights or safety.

¶ 12. The circuit court applied Section 11-46-9-1(x) to find that the defendants would have to exhibit a willful, wanton, and reckless disregard for Jacob's safety in order for Jacob to prevail. The court concluded that Jones's attempt to restrain Jacob was unintended. Thus, the circuit court judge concluded that there was no willful, wanton, reckless, or grossly negligent conduct.

ANALYSIS

I. WHETHER THE CIRCUIT COURT ERRED IN APPLYING THE WILLFUL AND WANTON STANDARD OF CARE WHEN IT FOUND THAT THE DEFENDANTS WERE NOT LIABLE

¶ 13. The Mississippi Tort Claims Act (MTCA) waives sovereign immunity from claims for money damages arising out of the tort of governmental entities and their employees acting within the course and scope of their employment. Miss.Code Ann. § 11-46-5 (Rev.2002). School districts are included as governmental entities. Miss.Code Ann. § 11-46-1(I) (Rev.2002). The exemption of a governmental entity from liability must be based on specified circumstances.

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910 So. 2d 575, 2005 WL 225330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pigford-v-jackson-public-school-dist-missctapp-2005.