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Southern v. Mississippi State Hospital9/11/2003
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: AFFIRMED - 09/11/2003
STATEMENT OF THE CASE
. Willie B. Southern, Jr. (Southern) was committed by order of the Chancery Court of Hinds County on April 19, 1999, to the Mississippi State Hospital. The affidavit for commitment was brought by Gerald Jones of the Jackson Police Department, as a friend of the court, seeking treatment for Southern. The affidavit alleged that Southern was a possible danger to himself and others and that he had barricaded himself and his two children in a hotel room for a week despite pleas from family and others to come out. The special master's commitment order reflects that Southern was present at the hearing with his attorney.
. On June 9, 2002, Southern filed suit against the Mississippi State Hospital at Whitfield in Rankin County and its staff physicians, Dr. Paul Jackson (Dr. Jackson) and Dr. Martha Murray (Dr. Murray), collectively known as the Hospital. The Hospital filed a joint motion to dismiss pursuant to M.R.C.P. 12 (b) (6) for failure to state a valid claim upon which relief can be granted. In the motion to dismiss, the Hospital took the position that they were exempt from the liability pursuant to Miss. Code Ann. § 11-46-9 (1) (a), Miss. Code Ann. § 11-46-9 (1) (d) and Miss. Code Ann. § 11-46-9 (1) (m). The Hospital in its motion to dismiss further set forth the defense that Southern's complaint had not been properly filed pursuant to the one-year statute of limitation under Miss. Code Ann. § 11-46-11.
. The trial court entered its order granting the Hospital's motion to dismiss. In its order of dismissal, the trial court stated:
The court finds that Mississippi Code § 11-46-9 (1)(a) exempts a governmental entity and its employees acting within the course and scope of their employment or duties and states "they shall not be liable for any claims arising out of a legislative or judicial action..." which in this case involves a judicial commitment of the laintiff to the State Hospital. Both the alleged wrongful detention and alleged false diagnosis arise from the Judge's commitment of laintiff. The court finds that the laintiff's claims against individual physicians, Paul Jackson, M.D. and Martha Murray, M.D., also should be dismissed as they are immune from suit under Mississippi law since they were employees acting within the scope of their employment with the tate or a tate gency. § 11-46-9 (1) (a), (d) and/or (m). Mallery v. Taylor, 805 So.2d 613 (Miss. 2002).
The court further finds that the laintiff has failed to file his claims within the one year statute of limitations under § 11-46-11 of Mississippi Code Annotated and therefore is barred from maintaining this lawsuit and all of its claims against all efendants. The omplaint avers that laintiff was of sound mind but falsely diagnosed with ipolar isorder ( omplaint aragraphs 6, 13, 15, 5).
The court finds that the laintiff, Southern, has alleged that he was defamed by the diagnosis of ipolar isorder but has not pled that it has been published to anyone nor has he pled a special harm as a result of a publication of the alleged defamatory diagnosis. Defamation is an intentional tort that would also be subject to the one-year statute of limitations under common law as well as the Mississippi Tort Claims Act. (Miss. Code Ann. § 15-1-35 states - All actions for assault, assault and battery, maiming, false imprisonment... and all actions for slanderous words concerning the person or title, for failure to employ, and for libels shall be commenced within one (1) year next after the cause of such action
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