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Brumfield v. Lowe6/22/1999
DATE OF JUDGMENT: 08/25/1997
TRIAL JUDGE: HON. KEITH STARRETT
COURT FROM WHICH APPEALED: PIKE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION SUMMARY JUDGMENT GRANTED TO APPELLEES
DISPOSITION: AFFIRMED - 06/22/99
. Brumfield appeals the decision of the Pike County Circuit Court granting summary judgment against him. He raises the following issues in this appeal: (1) whether the trial court erred in its application of Mississippi Code Annotated Section 15-1-36 to bar his medical negligence claim, (2) whether the trial court erred in summarily determining that his claim against Officer Gill was barred by sovereign and qualified immunity, and (3) whether the trial court erred in its dismissal of his complaint against Officer Gill as time barred. Finding no error, we affirm.
FACTS
. On November 26, 1992, Keith Brumfield broke into his estranged wife's apartment in McComb. At that time, Anita Brumfield and he had been separated for a year and a half. In the apartment, L. J. Nichols shot Brumfield in the side. Anita immediately contacted the McComb Police Department after the shooting. However, Brumfield fled to a neighbor's apartment before the police arrived. Later, Brumfield returned to Anita's apartment, was questioned by police officers, and transported to the Southwest Mississippi Regional Medical Center emergency room.
. According to Brumfield's hospital records, the staff who transported Brumfield to the emergency room found him to be incoherent, combative, and extremely uncooperative. It was noted that Brumfield did not want to be transported and had to be handcuffed and loaded into the ambulance by the McComb Police Department. Officer Sean Gill assisted the paramedics and accompanied Brumfield to the hospital.
. Upon arriving at Southwest, Brumfield was under the care of Dr. Barry Suber. According to Brumfield, he remained at the hospital for an hour and a half and was given a shot and had his wound treated. In contrast, the Southwest medical records indicated that Brumfield was at the hospital for nearly three hours. Brumfield's medical records further reflect the extensive treatment and testing he received and indicated that he remained combative and uncooperative.
. The hospital records indicate that Brumfield was examined and treated by Drs. Barry Suber, Thomas Jeffcoat, and C. Foster Lowe for his gunshot wound. Dr. Jeffcoat reported that although the bullet may need to be removed in the future, "no other treatment needed now." Dr. Lowe stated that Brumfield was difficult to evaluate and schizophrenic. The records also indicate that Dr. James Boothe took at least four sets of x-rays of Brumfield that same night.
. Officer Gill testified that Brumfield resisted all treatment and repeatedly attempted to leave the hospital. However, once the staff began treating Brumfield, Officer Gill left the hospital and resumed his patrol duties. When Officer Gill returned to the hospital on an unrelated matter, the staff informed him that Brumfield was being released. Officer Gill was informed that a warrant had been issued for Brumfield's arrest. Dr. Suber issued a certificate stating that Brumfield could be transported to the police station for booking and incarceration. Officer Gill took Brumfield into custody and transported him to the McComb City Jail. At the police station, Brumfield was uncooperative and complained that he was sleepy. Officer Gill was unsuccessful in booking Brumfield, so he placed him in a cell for the night.
. Brumfield remained incarcerated in the McComb City Jail f
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