City of Jackson v. Sandifer
107 So. 3d 978
| Miss. | 2013Background
- Tawanda Sandifer, a minor runaway, died from blunt-force trauma after an encounter with her boyfriend in 2006; her parents sued the City of Jackson and two officers under MTCA.
- The circuit court held the City liable, finding the officers acted within the course and scope of employment and the City reckless for failing to investigate 2004 allegations and for related conduct.
- Evidence showed Tawanda repeatedly ran away starting in 2003, underwent counseling and treatment, and had a contentious relationship with her father; police involvement occurred on multiple occasions.
- In 2004, Tawanda provided statements alleging sexual activity with JPD Officer Clark; the City’s internal investigation into these allegations began but its outcome is unclear.
- The City appealed, arguing immunities and discretionary functions under the MTCA barred liability, and that officers were outside the course and scope for the alleged misconduct.
- The Mississippi Supreme Court reversed, holding the City immune under the MTCA for the alleged criminal acts and discretionary-police-function decisions, and rendered judgment in City's favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City is liable for Clark’s and Talton’s sexual conduct | Sandifers contend acts were within scope and reckless disregard. | City immune for criminal acts and outside course and scope; no reckless disregard. | City not liable; immunity applies; acts criminal and outside scope. |
| Whether the 2004 JPD investigation decisions are immune discretionary functions | Failure to investigate compounded danger and caused death. | Investigation decisions are discretionary and immune. | Investigation decisions immune; negligence not reckless disregard. |
| Whether failure to follow policies constitutes reckless disregard or discretionary immunity | Noncompliance with policies contributed to death. | Policy violations are not reckless disregard and are discretionary. | No reckless disregard; discretionary function immunity applies; City not liable. |
Key Cases Cited
- City of Jackson v. Presley, 40 So.3d 520 (Miss.2010) (standard for discretionary police functions and immunity)
- Powell v. City of Jackson, 917 So.2d 59 (Miss.2005) (runaway-petition and immunity framework)
- Cockrell v. Pearl River Valley Water Supply Dist., 865 So.2d 357 (Miss.2004) (outside course-and-scope defense when officer misconduct)
- Pratt v. Gulfport-Biloxi Reg’l Airport Auth., 97 So.3d 68 (Miss.2012) (discretionary-function immunity analysis guidance)
- City of Greenville v. Jones, 925 So.2d 106 (Miss.2006) (discretionary function immunities and police decisions)