City of Jackson v. Sutton, 1999-IA-02110-SCT.

• Court: United States State Supreme Court of Mississippi
• Citation: 797 So.2d 977
• Docket Number: No. 1999-IA-02110-SCT.,1999-IA-02110-SCT.
• Parties: CITY OF JACKSON and Michael McLendon v. Annie Mae SUTTON, Ricky Sutton and April Gibson.
• Decision Date: 11 October 2001

797 So.2d 977

CITY OF JACKSON and Michael McLendon
v.
Annie Mae SUTTON, Ricky Sutton and April Gibson

No. 1999-IA-02110-SCT.

Supreme Court of Mississippi.

October 11, 2001.

797 So.2d 978

Terry Wallace, Jackson, Michael J. Wolf, Attorneys for Appellants

Merrida Coxwell, Charles R. Mullins, Regina R. Quinn, Herbert J. Irvin, Jackson, Attorneys for Appellees.

Before PITTMAN, C.J., COBB and DIAZ, JJ.

PITTMAN, Chief Justice, for the Court:

¶ 1. This is an interlocutory appeal by the City of Jackson and Police Officer Michael McClendon ("McClendon") regarding the denial of their motion for summary judgment where they asserted that April Gibson ("Gibson"), Annie Mae Sutton and Ricky Sutton ("the Suttons"), the plaintiffs, had specifically admitted in discovery that relief was not being sought under the United States Constitution or the Mississippi Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to 23 (Supp.2001).

FACTS AND PROCEEDINGS BELOW

¶ 2. According to the complaint filed by the Gibson and the Suttons, Richard Allen ("Allen") consumed several alcoholic beverages on December 23, 1996, before running his vehicle into the back of Roderick Reed's ("Reed") automobile. Allen then left the scene of the accident telling Reed that he was going back to Shooter's Tavern. When Officer Michael McClendon arrived at the accident site, Reed explained that Allen had rear-ended his car and that Allen had gone to Shooter's Tavern. Reed also provided McClendon with the license tag number of Allen's automobile which McClendon checked and determine that the plate number was not registered. Reed and McClendon then went to Shooter's Tavern where Reed identified Allen as the man who had "hit-and-run" his vehicle. Officer McClendon completed an accident report stating that Allen was the cause of the accident; that Allen had no driver's license; and that his driver's license number was identical to his social security number.

¶ 3. Later that day, while driving with his head lights off, Allen collided with another car, seriously injuring Gibson and killing Barbara Sutton ("Decedent"). Allen was subsequently indicted by the Hinds County District Attorney for the death of Barbara Sutton. Gibson and the Suttons contend in their complaint that if McClendon had run a check of Allen's name and social security number Allen's two prior DUI convictions and an outstanding arrest warrant would have been discovered. They also assert in their complaint that McClendon failed to administer a sobriety test on Allen, interrogate him regarding his leaving the scene of the accident, or seize his car.

¶ 4. On March 26, 1998, approximately one year and three months after the accident, Gibson and the Suttons filed a complaint against Richard Allen in the Circuit Court of the First Judicial District of Hinds County. The next day, Gibson and the Suttons filed an amended complaint alleging that the City of Jackson and McClendon had violated the rights of the plaintiffs under the Mississippi Constitution. On August 21, 1998, the City of Jackson and McClendon filed their answer.

¶ 5. On June 18, 1999, the City of Jackson filed a motion to dismiss in accordance with M.R.C.P. 12. The trial court subsequently denied the motion to dismiss. The City of Jackson then filed a motion for summary judgment asserting that Gibson

797 So.2d 979

and the Suttons had specifically admitted in discovery that relief was not being sought under the United States Constitution or under the Mississippi Tort Claims Act and that the Act was the exclusive avenue by which relief could be sought. The trial court denied the motion for summary judgment stating that Gibson and the Suttons could proceed based on claims under the Mississippi Constitution, and it also denied the City of Jackson's motion for interlocutory appeal of the issues presented by the motion for summary judgment

¶ 6. On June 8, 2000, an order was...