City of Jackson v. Gardner
108 So. 3d 927
| Miss. | 2013Background
- Gardner sued the City of Jackson about a broken leg allegedly caused while he was handcuffed by Officer Tiller during a dispute over parking fees.
- Gardner was arrested for disorderly conduct after resisting leaving his vehicle and his handcuffs were applied.
- Gardner’s left foot was injured when he was forced to sit by the curb in the presence of an irate brother and a growing crowd.
- Gardner was later convicted of resisting arrest and related disorderly conduct offenses.
- The City moved for summary judgment under Mississippi Code § 11-46-9(l)(c) claiming immunity; the trial court denied the motion.
- The court of appeals granted interlocutory review and the Mississippi Supreme Court reversed, rendering judgment for the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City is immune from Gardner’s claims. | Gardner argues the officer’s conduct breached safety and caused injury. | City contends immunity applies unless reckless disregard is shown. | Yes; immunity applies. |
| Whether Officer Tiller’s conduct constitutes reckless disregard. | Gardner asserts reckless disregard due to force used while handcuffed. | Tiller’s actions were precautionary and not reckless. | Not reckless; conduct did not meet standard for reckless disregard. |
Key Cases Cited
- Mitchell v. City of Greenville, 846 So.2d 1028 (Miss. 2003) (immuity a question of law; summary judgment proper when no genuine issue)
- Flye v. Spotts, 94 So.3d 240 (Miss. 2012) (de novo review of summary-judgment denial; evidence viewed favorably to nonmovant)
- Mozingo v. Scharf, 828 So.2d 1246 (Miss. 2002) (standard for summary judgment and immunity analysis)
- Davis v. City of Clarksdale, 18 So.3d 246 (Miss. 2009) (totality-of-circumstances approach to recklessness; objective standard)
- Phillips v. Miss. Dep’t of Pub. Safety, 978 So.2d 656 (Miss. 2008) (reckless disregard assessed with factors confronting officers)
- City of Jackson v. Powell, 917 So.2d 59 (Miss. 2005) (split-second decisions and protecting safety influence conduct analysis)
- Maldonado v. Kelly, 768 So.2d 906 (Miss. 2000) (reckless disregard involves willful or wanton conduct and intent to harm or disregard risk)
- Maye v. Pearl River County, 758 So.2d 391 (Miss. 1999) (standard definitions of willful/wanton conduct in recklessness)
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness in Fourth Amendment use-of-force context)