Mississippi Transportation Comm'n v. Montgomery

Docket Number2010-IA-01112-SCT
Decision Date23 February 2012

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65 cases
  • R.S. v. Starkville Sch. Dist.
    • United States
    • U.S. District Court — Northern District of Mississippi
    • September 19, 2013
    ...it is not imposed by law and depends upon the judgment or choice of the government entity or its employee." Miss. Transp. Comm'n v. Montgomery, 80 So. 3d 789, 795 (Miss. 2012). However, "[a] duty is ministerial if it is positively imposed by law and required to be performed at a specific ti......
  • Miss. Dep't of Human Servs. v. S.W.
    • United States
    • Mississippi Court of Appeals
    • April 18, 2013
    ... 111 So.3d 630 MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, Appellant v. S.W., Appellee. No ... Jones v. Mississippi Transp. Comm'n, 920 So.2d 516, 518 (¶ [3] ) (Miss.[Ct.App.2006] ). We will only ... See generally Miss. Transp. Comm'n v. Montgomery, 80 So.3d 789, 795 (¶ 19) (Miss.2012). The supreme court adheres to a ... ...
  • Kmart Corp. v. Kroger Co.
    • United States
    • U.S. District Court — Northern District of Mississippi
    • August 9, 2013
    ...it is not imposed by law and depends upon the judgment or choice of the government entity or its employee,” Miss. Transp. Comm'n v. Montgomery, 80 So.3d 789, 795 (Miss.2012). Poor judgment in the exercise of discretionary authority is insufficient to pierce sovereign immunity. Sykes v. Gran......
  • City of Jackson v. Johnson
    • United States
    • Mississippi Supreme Court
    • April 28, 2022
    ...activity in question involved an element of choice or judgment." Id. (internal quotation mark omitted) (quoting Miss. Transp. Comm'n v. Montgomery , 80 So. 3d 789 (Miss. 2012), overruled by Brantley v. City of Horn Lake , 152 So. 3d 1106 (Miss. 2014), overruled by Wilcher , 243 So. 3d at 18......
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