City of Jackson v. Lewis
153 So. 3d 689
| Miss. | 2014Background
- Officer Jackson pursued LaMarcus Butler at night after Butler turned off headlights and made a U-turn to avoid a roadblock, continuing despite orders to terminate pursuit.
- Butler’s vehicle collided with a Plaintiffs’ vehicle, causing Stephens’s death and injuries to Lewis and Green.
- Trial court found 100% fault against the City; the Court of Appeals reversed, holding no reckless disregard and shielding immunity.
- Mississippi MTCA immunity hinges on whether the officer acted with reckless disregard for non-criminal safety; this standard is defined as more than negligence but less than intent.
- The Supreme Court on rehearing held the Court of Appeals erred in applying the Richardson factors and reversed the appellate decision, remanding for apportionment of damages.
- The decision emphasizes analysis under the totality of the circumstances, including policy compliance, pursuit length, speed, termination, and available alternatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Court of Appeals misinterpret Richardson factors for reckless disregard? | Lewis argued misapplication of Richardson. | City contends proper Richardson factors applied. | Yes; misinterpretation found; remand for apportionment. |
| Was Officer Jackson's initiation/continuation of pursuit consistent with General Order 600-20? | Punitive assessment for policy violations supports reckless disregard. | Initiation may have complied; continuation violated policy only in part. | No; initiation not a policy violation, but continued pursuit violated policy and supported recklessness. |
| Did the totality of circumstances support a finding of reckless disregard? | Combined factors show clear risk and disregard. | Factors do not collectively show recklessness beyond negligence. | Yes; totality supports recklessness. |
| Should damages be apportioned given contributing causes? | Butler’s drive and collision causation contributed. | City and officer liable; some responsibility blurred. | Remand for apportionment of damages. |
Key Cases Cited
- Brister v. City of Jackson, 838 So.2d 274 (Miss. 2003) (ten-factor framework for recklessness in police pursuits)
- Law v. City of Jackson, 65 So.3d 821 (Miss. 2011) (reckless disregard can be shown despite mitigation; renewal of policy-based analysis)
- Richardson v. City of Ellisville, 913 So.2d 973 (Miss. 2005) (ten-factor totality approach to determine reckless disregard)
- Presley v. City of Jackson, 40 So.3d 520 (Miss. 2010) (policy violations as one factor among ten in recklessness analysis)
- Lipsey v. City of Jackson, 834 So.2d 687 (Miss. 2003) (defining willful/wanton conduct near reckless disregard)