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Robinson v. Hosemann5/26/2005
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: REVERSED AND RENDERED - 05/26/2005
BEFORE SMITH, C.J., EASLEY AND GRAVES, JJ.
. This matter is before the Court on the Petition for Extraordinary Writ of Mandamus and/or for Writ of Prohibition or Other Relief filed by Eddie Robinson and Pamela Turner on December 30, 2003 along with a direct appeal. The petition for writ of mandamus was originally filed with this Court in Cause No. 2003-M-2795. The Honorable William F. Coleman, Special Circuit Court Judge for Warren County, Mississippi, on January 14, 2004, filed a response to the petition for extraordinary relief filed by Robinson and Turner. On January 22, 2004, this Court passed the petition for consideration with the merits of appeal. Accordingly, the Petition for Extraordinary Writ of Mandamus and/or for Writ of Prohibition or Other Relief was filed with the appeal on the merits in Cause No. 2004-CA-00043. The substance of the appeal and the substance of the petition filed by Robinson and Turner are the same. Therefore, the petition for Extraordinary Writ of Mandamus and/or Writ of Prohibition or Other Relief is disposed of by this opinion.
FACTS
. On August 12, 2002, Hosemann filed suit against Robinson and Turner in the Circuit Court of Warren County. Robinson and Turner were adult citizens of Hinds County, Mississippi, and employed as deputies with the Hinds County Sheriff's Department. Neither the Hinds County Sheriff's Department nor any other state agency were named as a defendant in the complaint. Hosemann sought actual damages in the amount of $925,000, and punitive damages in the amount of $1,750,000, and attorney's fees. The complaint made no reference to the Mississippi Torts Claims Act (MTCA). Nothing was submitted to indicate any compliance with the notice requirements under the MTCA.
. Robinson and Turner filed a Motion to Dismiss or in the Alternative for More Definite Statement and for Additional Time to Serve Answer and Defenses. In the motion to dismiss or for a more definite statement, Robinson and Turner argued that they were both employees of the Hinds County Sheriff's Department being sued for actions taken in their capacities as deputy sheriffs. Therefore, they claim that "Miss. Code Ann. § § 11-46-5 (2) and 11-46-7 (2), the Mississippi Tort Claims ct [,] provides the exclusive remedy and sole procedural vehicle through which either... may be sued." Robinson and Turner also argue that if the action is against them in their capacities as Hinds County deputy sheriffs, then venue is improper in Warren County under Miss. Code Ann. § 11-46-13 (2) which requires venue to be in the county or judicial district in which the principal offices of the governing body of the political subdivision is located. In this case, that would be Hinds County, Mississippi. They further assert that they are "entitled to immunities provided by Miss. Code Ann. Sections 11-46-5, 11-46-7, 11-46-9, and others."
. Hosemann filed a Response in Opposition to Motion to Dismiss or in the Alternative for More Definite Statement and for Additional Time to Serve Answer and Defenses. Hosemann specifically stated that " n August 12, 2002, Plaintiff filed his civil action against Hinds County Deputies Pamela Turner and Eddie Robinson, alleging their false arrest, malicious prosecution, libel and slander, actions outside the Mississippi Tort Claims Act." The response further provided:
Actions for libel, slander and other acts constituting criminal behavior are excluded from the Mississippi Tort Claims Act.
The venue of the Mississippi Tort Claims Act is inappl
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