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Black v. City of Tupelo

9/11/2003

epresented parties. Dethlefs v. Beau Maison Dev. Corp., 511 So. 2d 112, 118 (Miss. 1987). While we acknowledge on the one hand that as a pro se litigant, Black should be afforded some latitude, on the other hand, we have consistently held that pro se parties are held to the same rules of procedure as represented parties. Black did not file a notice of claim; thus, his suit is barred by the Mississippi Tort Claims Act.


. Black suggests that a covenant dropping charges against Black in exchange for an agreement to not file suit agreed to and executed on September 30, 1993, constitutes a notice of claim. Without analyzing whether such an agreement could be considered a notice of claim, all the events complained of occurred well after the date the covenant was signed. Obviously, a document agreed to at least four years before any of the incidents complained of occurred cannot give proper notice of a claim regarding subsequent events. The trial court was correct in dismissing Black's complaint for failure to comply with the notice of claim provisions in the Mississippi Tort Claims Act.


CONCLUSION


. A plaintiff is barred from relitigating all issues tried in a prior lawsuit, as well as all issues which could have been litigated in that prior suit provided the four identities discussed above are present. Black was barred from bringing this claim by res judicata. Despite the latitude this Court grants to pro se litigants, there are still essential requirements for sustaining an action. A party must substantially comply with the notice requirements of the Mississippi Tort Claims Act. Black did not provide the notice required. Thus, the judgment of the trial court is affirmed.


. AFFIRMED.


PITTMAN, C.J., WALLER, COBB, EASLEY, CARLSON AND GRAVES, JJ., CONCUR. McRAE, P.J., AND DIAZ, J., NOT PARTICIPATING.




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