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City of Jackson v. Brister2/20/2003
s on at the time that they pulled into the bank parking lot. Officer Taylor only turned on the lights and sirens as the police left the parking lot of the bank. Therefore, Slater was fleeing in the vehicle before any police lights or sirens were in use. The officers did not initiate the pursuit until after Slater was already headed east on to Old Canton Road. In fact, Officer Watson, in the lead parol vehicle, stopped momentarily to calm himself on Old Canton prior to following Slater on Ridgewood Road. Slater never stopped fleeing. She finally attempted to run a red light and unfortunately collided with Boyll's vehicle. There was no indication that Slater would not have fled and sped away at a high rate of speed even if the police had not followed her.
. A pre-MTCA case, Mosby v. Moore, 716 So.2d 551, 557 (Miss. 1998), is helpful because it provides guidance on the issue of police driving. This Court held that " he act of driving for police officers is a major part of their jobs. It is something that they must do in order to fulfill their duties. They do not drive simply to get from one place to another, instead they patrol. This type of driving does involve a discretionary, decision-making process..." Id. Pursuit of criminals or suspected criminals is clearly in the course and scope of police protection, this would include pursuit in the patrol car.
. The officers' actions raise the issue of whether the acts were performed in reckless disregard to the safety of others. The officers were responding to an alleged crime in progress, check forgery. Officer Watson testified that he told Slater to stop, however, she continued to get into her car. Slater did not exit through the parking lot; rather she jumped over the sidewalk in the vehicle she was driving.
. Officer Watson testified that he looked at the totality of the circumstances and considered: Slater's actions, her refusal to stop, her almost hitting another vehicle, and her exit at a high rate of speed. Officer Watson also considered that the traffic was light to medium and that he saw no pedestrians, nor pedestrians in a nearby park, and no school buses or children in the school zone. Officer Watson also considered the weather conditions.The majority states that the route was "heavily populated." This is an unfair statement because, although the route was in an area of high population, the officers testified that on this day the traffic was light and there were no children, no school buses and no pedestrians nearby.
. I believe that the police actions in this case did not amount to reckless disregard to the safety and well being of others. The tragedy of Boyll's death is not to be diminished nor does it go unnoticed. However, Slater's actions caused the collision and death of Boyll. Slater allegedly attempted to pass a forged check. Slater fled from the bank and jumped the sidewalk. Slater began speeding away from the scene. Slater struck Boyll's vehicle.
. The time and distance between Slater fleeing the bank and crashing into Boyll's vehicle are too inconsequential. The collision occurred in less than 60 seconds, with some accounts being as little as 40-45 seconds, and less than one mile from the bank. The police officers were not a part of the fatal collision. Slater struck Boyll's vehicle only and was the proximate cause of the collision and Boyll's subsequent death. There is no evidence to suggest that had the police not followed Slater the collision would have been avoided. Thus, it is unreasonable to assume that had the police not followed Slater, she would not have continued her flight. Slater allegedly had just attempted to pass a forged check, a felony; she ran from the bank; she refused
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