Moore v. Carroll County, Cause No. 4:96CV159-D-B (N.D. Miss. 3/__/1997)
| Decision Date | 01 March 1997 |
| Docket Number | Cause No. 4:96CV159-D-B. |
| Parties | PLEAS MOORE, CONSERVATOR OF THE ESTATE OF CHARLES MOORE PLAINTIFF v. CARROLL COUNTY, MISSISSIPPI, et al. DEFENDANTS. |
| Court | U.S. District Court — Northern District of Mississippi |
This cause comes before the court upon the motion of the plaintiff for partial summary judgment in his favor and the cross-motion of the defendants for partial summary judgment in their favor. The plaintiff, as conservator of the estate of his brother, Charles Moore, filed this lawsuit under 42 U.S.C. § 1983 against the defendants alleging violations of Charles Moore's civil rights and violations of state tort law. In his motion for partial summary judgment, the plaintiff requests a ruling from this court determining that it has jurisdiction over the plaintiff's state law claims. Specifically, the plaintiff has moved for partial summary judgment on the issue of whether or not he has met the requirements for the maintenance of this action under the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-11(1). The defendants responded to the plaintiff's motion and denied that he has complied with the prerequisites of bringing a state tort action against them. Additionally, the defendants filed a cross-motion for partial summary judgment asserting that state law immunity requires dismissal of the tort claims filed against them. As both motions have been fully briefed, they are ripe for determination.
On or about January 2, 1996, Deputy Don Alderson began following Charles Moore in a vehicular pursuit from Carroll County, through Leflore County and into the City of Greenwood. Alderson, along with several Greenwood City police officers, managed to halt Moore just east of the U.S. Highway 82 and U.S. Highway 49 cloverleaf intersection. Pulling his gun, Alderson approached Moore who remained sitting in his vehicle. As Alderson opened the door and started to pull the unarmed Moore out, Alderson's gun discharged twice. One bullet struck Moore in the leg and the other entered his abdominal flank. As a result of the shooting, doctors had to remove one of Moore's kidneys and today Moore suffers from partial paralysis in his lower extremities.
On January 9, 1996, the plaintiff filed a notice of claim pursuant to Miss. Code Ann. § 11-46-11 with Marvin Coward, President of the Carroll County Board of Supervisors. Nearly four (4) months later, on May 3, 1996, he filed a complaint with this court alleging a cause of action under 42 U.S.C. § 1983 and under state tort law. The defendants timely filed their Answer and called into question the validity of the plaintiff's notice of claim. Subsequently, on August 13, 1996, the plaintiff filed an amended notice of claim. Again, nearly four (4) months later, on December 5, 1996, the plaintiff filed an Amended Complaint after receiving authority from the Magistrate Judge to do so over the objections of the defendants. Moore v. Carroll County, Mississippi, et al., Cause No. 4:96cv159-D-B (N.D. Miss. Dec. 3, 1996) (Bogen, M.J.) (Order Granting Motion to File First Amended Complaint).
The plaintiff filed the present motion for partial summary judgment requesting this court rule as a matter of law that his notice of claim, or in the alternative, his amended notice of claim sufficiently bestows jurisdiction upon this court over the plaintiff's state law claims. The defendants responded and filed a cross-motion for summary judgment asserting state law immunity as a ground for dismissal of the state law claims.
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." F.R.C.P. 56(c). The party seeking summary judgment carries the burden of demonstrating that there is an absence of evidence to support the non-moving party' Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Vera v. Tue, 73 F.3d 604, 607 (5th Cir. 1996). Once a properly supported motion for summary judgment is presented, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine issue for trial. Anderson v. Li 249, 106 S. Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Brothers v. Klevenhagen, 28 F.3d 452, 455 (5th Cir. 1994). "Where the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S. Ct. 1348, 89 L.Ed.2d 538 (1986); Federal Sav. & Loan Ins. v. Krajl, 968 F.2d 500, 503 (5th Cir. 1992). The facts are reviewed drawing all reasonable inferences in favor of the party opposing the motion. Banc One Capital Partners Corp. v. Kniepper, 67 F.3d 1187, 1198 (5th Cir. 1995); Matagorda County v. Russel Law, 19 F.3d 215, 217 (5th Cir. 1994).
The Mississippi Tort Claims Act ("MTCA")2 provides in relevant part that an action against a governmental entity or its employee may be brought as any other action at law or in equity, provided the aggrieved person file with the chief executive officer of the governmental entity a notice of claim ninety (90) days prior to the maintenance of the action. Miss. Code Ann. § 11-46-11(1) (Supp. 1996). The statute further sets out that the notice of claim
shall be in writing, delivered in person or by registered or certified United States mail. Every notice of claim shall contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought and the residence of the person making the claim at the time of the injury and at the time of filing the notice.
Id. § 11-46-11(2) (Supp. 1996). Filing a valid notice of claim is a jurisdictional prerequisite to the maintenance of the plaintiff's state law claims against defendant Carroll County and defendants Ricky Downs and Don Alderson in their official capacities.3 Simpson v. City of Pickens, 887 F. Supp. 126, 130 (S.D. Miss. 1995); see also Miss. Code Ann. § 11-46-7(1) (Supp. 1996) ().
The plaintiff asserts that the notice of claim he filed on January 9, 1996 meets the requirements set out in § 11-46-11. Furthermore, the plaintiff points out that he did not file his complaint until May 3, 1996 — well after ninety (90) days subsequent to his notice of claim. The defendants submit to this court that the notice is insufficient as to defendants Alderson and Downs in their individual capacities because it failed to specify either one as a defendant. Defs.' Brief in Opp. To Plaintiff's Mot. For Partial Summary Judgment, p. 7. As such, the defendants request the state tort claims against the individual defendants be dismissed for lack of jurisdiction. Id.
(5) the amount of money damages sought, and
(6) the residence of the person making the claim at the time of the injury and at the time of filing the notice.
Miss. Code Ann. § 11-46-11 (Supp. 1996). After reviewing the January claim notice, the court is convinced that the plaintiff met his statutory burden in this regard. The relevant statute does not require the notice of claim to contain a list of specific defendants designated as such; it merely states that the names of all persons known to be involved should be included in the administrative notice. Id. (emphasis added). Although the Mississippi Supreme Court has yet to speak to the issue of the type of scrutiny which should be visited upon § 11-46-11 — strict construction versus substantial compliance4 — the court is of the opinion that the claim notice at issue in this action surpasses even a strict construction analysis.5
As noted supra, the statute only requires a list of known persons involved in the incident, not a list of defendants. The court is of the opinion that the plaintiff complied with this portion of the statute by listing all known persons involved in the pursuit and subsequent shooting of his brother. See Exh. A. In fact, the notice lists Alderson first under the heading of "Names of persons Known to be Involved." Id. at 2. Although the notice fails to specifically mention Downs in his individual capacity, the court is of the opinion that the notice is sufficient as to him. Technically, Downs was not personally involved in the factual scenario giving rise to Moore's claim, that being the shooting. Thus, the plaintiff complied with the letter of the law. This court declines to so strictly construe the statute so as to preclude the plaintiff from asserting a cause of action against Downs when such may be easily inferred from the claim notice.6 As such, the plaintiff's motion for partial summary judgment shall be granted.
The defendants filed a cross-motion for partial summary judgment wherein they submit that they are immune from...
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