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Smith v. Brookhaven1/11/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 01/11/2005
PROCEDURAL HISTORY
. On April 8, 2002, McNair Smith, Jr., brought a personal injury tort action against the City of Brookhaven, the Brookhaven Police Department, Officer Tecumseh Warren, and Patrick Hardy. Smith alleged the following claims: false arrest, unreasonable seizure, violation of due process rights, malicious prosecution, abuse of process, gross negligence, and assault and battery. The City, the Police Department, and Officer Warren responded on May 29, 2002. The suit against Patrick Hardy was settled during the early stages of litigation.
. The defendants later filed their motion for summary judgment on July 21, 2003, claiming that Smith's claims against the City were barred by section 11-46-9(1)(c) (Rev. 2002) of the Mississippi Tort Claims Act, Miss. Code Ann. ยง 11-46-1 to 23 (Rev. 2002), and that his claims against Officer Warren were barred by section 11-46-7(2) (Rev. 2002). A hearing on the matter was held August 28, 2003, at which time the Lincoln County Circuit Court granted summary judgment for the defendants as to all claims. Smith now appeals to this Court asserting the following issues: (1) the trial court erred in granting summary judgment; (2) Officer Warren acted in reckless disregard for the safety and well-being of Smith; (3) there was a material question of fact as to whether Smith was engaged in criminal activity at the time of the incident; and (4) Officer Warren was not individually immune from the suit. Finding no error, we affirm.
FACTS
. On January 5, 2001, around 5:30 p.m, Smith and Stephanie Hardy were in his car on the way to pick up Stephanie's car keys from her mother. Patrick Hardy, Stephanie's estranged husband, began to follow Smith and Stephanie in his car. Patrick and Stephanie's eight year old son also was in the car with Patrick. Upon seeing Patrick's car approaching, Smith pulled over at which point Patrick exited his own car, pulled out a gun and fired two shots into Smith's car. Smith immediately drove away and a car chase between the two ensued. At one point the two cars reached speeds of 110 miles per hour.
. During the chase Stephanie called 911 and informed the dispatcher of the situation. The dispatcher at the Lincoln County Sheriff's Office directed Smith and Stephanie into Brookhaven. At this time Officer Warren, who was a law enforcement trainee at the time of the incident, received a call from the dispatcher informing him that two speeding cars were entering the city limits. Officer Warren was also told that both cars were driving recklessly and that shots had been fired. Upon sighting the cars, Officer Warren pursued them with his blue lights and siren activated. Other law enforcement personnel were also in pursuit of the speeding cars. After traveling several blocks, Officer Warren was able to pull both cars over into a parking lot. However, Smith pulled away from the scene and, after traveling several more blocks, was finally forced off the road by Brookhaven Police officers Sergeant Scott Brister and Captain Bobby Bell. Sgt. Brister and Capt. Bell assisted Officer Warren in subduing Smith while the Lincoln County Sheriff's Department dealt with Patrick. Officer Warren did pull his gun on Smith at the time Smith was asked to exit his vehicle.
. Smith and Stephanie were transported to the police station while Patrick drove his own vehicle. Upon searching both cars, two guns were found in Patrick's car. Smith and Patrick were issued two tickets each for reckless driving, failure to yield to the blue lights, and speeding. After appearing in Municipal Court to object to
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