Wallace v. Town of Raleigh, No. 2001-CA-00455-SCT.

Citation815 So.2d 1203
Decision Date09 May 2002
Docket NumberNo. 2001-CA-00455-SCT.
PartiesRoger WALLACE v. TOWN OF RALEIGH, Mississippi.
CourtUnited States State Supreme Court of Mississippi

815 So.2d 1203

Roger WALLACE
v.
TOWN OF RALEIGH, Mississippi

No. 2001-CA-00455-SCT.

Supreme Court of Mississippi.

May 9, 2002.


815 So.2d 1205
Mark K. Tullos, Raleigh, attorney for appellant

L. Clark Hicks, Jr., John Michael Herke, Hattiesburg, attorneys for appellee.

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

CARLSON, J., for the Court.

¶ 1. The Town of Raleigh was granted summary judgment pursuant to Miss.Code Ann. § 11-46-9(1)(m) (Supp.2001) which bars an inmate of a correctional facility from bringing suit against a governmental entity. Roger Wallace, an inmate of the Mississippi Department of Corrections, appeals the ruling of the circuit court citing numerous constitutional violations by the statute. Finding the Town of Raleigh's motion for summary judgment was properly granted, this Court affirms the judgment of the circuit court.

FACTS AND PROCEEDINGS BELOW

¶ 2. On January 19, 1999, Roger Wallace, a participant in a work release program, was a passenger on a garbage truck owned and operated by the Town of Raleigh. The truck was struck on the passenger's side by a vehicle operated by Jones G. Moore. Wallace claims to have sustained serious personal injuries from the accident. On the date of the accident, Wallace was performing his duties as an inmate of the Mississippi Department of Corrections through the Simpson County Correctional Work Center.

¶ 3. Wallace sued the Town of Raleigh for damages in the Smith County Circuit Court. On July 24, 2000, the Town of Raleigh moved for summary judgment pursuant to Miss.Code Ann. § 11-46-9(1)(m) which barred Wallace, as an inmate of a correctional facility, from bringing suit against the Town of Raleigh.

¶ 4. In response to the Town of Raleigh's Motion for Summary Judgment, Wallace argued Miss.Code Ann. § 11-46-9(1)(m) & (n) violate the Remedy Clause, the Due Process Clause and the Equal Protection Clause of the Mississippi and United States Constitutions, and were, thus, unconstitutional as interpreted by the Town of Raleigh. Wallace also alleged that his injuries did not arise from the work he was performing, but rather the negligence of the Town of Raleigh's employee.

815 So.2d 1206
¶ 5. On February 6, 2001, the State of Mississippi intervened and joined the Town of Raleigh's Motion for Summary Judgment to defend the constitutionality of Miss.Code Ann. § 11-46-9(1)(m) & (n). See Miss. R. Civ. P. 24(d)

¶ 6. On February 9, 2001, a hearing on the motion for summary judgment was held before Circuit Judge Robert G. Evans. On February 20, 2001, the Town of Raleigh's Motion for Summary Judgment as to the issues involving Miss.Code Ann. § 11-46-9(1)(m) & (n) was granted. On March 16, 2001, the trial court entered an amended corrected order maintaining its grant of summary judgment and also entering a final judgment in favor of the Town of Raleigh to enable this appeal. On March 16, 2001, Wallace appealed to this Court from the trial court's order granting summary judgment.

DISCUSSION

I. WHETHER STRICT INTERPRETATION OF SECTION 11-46-9 OF THE TORT CLAIMS ACT IS UNCONSTITUTIONAL

¶ 7. Statutory interpretation is a matter of law which this Court reviews de novo. Donald v. Amoco Prod. Co., ...

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