Fortenberry v. City of Jackson
71 So. 3d 1196
| Miss. | 2011Background
- Fortenberrys and Wallaces sued Jackson for flood damage from a sewer system; both claims dismissed as MTCA immunized discretionary acts.
- Jackson annexed the subdivision in 1971 and in 1977 adopted an Ordinance requiring larger 8-inch sewer pipes, but the 1977 Ordinance did not apply to pre-1977 subdivisions.
- The City’s sewer system flooded homes after heavy rain in April 2003; City staff investigated, found overflows and blockages, and performed repairs.
- Mississippi Court of Appeals held the City’s duty to operate/maintain the sewer system was ministerial under the 1977 Ordinance, defeating MTCA immunity.
- Mississippi Supreme Court granted certiorari and reversed, holding the City’s operation/maintenance is discretionary under MTCA and thus immune.
- The majority applied a de novo standard to review immunity, rejected federal law as transforming discretionary acts into ministerial, and affirmed summary judgment for immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is sewer system operation discretionary or ministerial | Fortenberry/Wal lace argued ministerial duty due to ordinance | City argues discretionary functions under §21-27-189(b) | Discretionary under MTCA; immunity applies |
| Does federal law transform discretionary acts into ministerial duties | Federal Act might compel ministerial standard | Act is policy goals; not binding ministerial duty | Federal law does not transform the City’s discretionary duty |
| Did Mississippi Code §11-46-9(l)(d) provide immunity regardless of other sections | Alternative immunities apply | Section 11-46-9(l)(d) provides immunity | Immunity exists under §11-46-9(l)(d) without needing other provisions |
Key Cases Cited
- City of Jackson v. Internal Engine Parts Group, Inc., 903 So.2d 60 (Miss.2005) (discretionary vs ministerial under MTCA; maintenance negligence context)
- Covington County Sch. Dist. v. Magee, 29 So.3d 1 (Miss.2010) (definition of ministerial duty; statutory guidance)
- Jones v. Miss. Dep’t of Transp., 744 So.2d 256 (Miss.1999) (public-policy function test; two-prong analysis)
- Miss. Dep’t of Mental Health v. Hall, 936 So.2d 917 (Miss.2006) (public-policy function test framework)
- Gaubert, 499 U.S. 315 (S. Ct. 1991) (public policy basis in FTCA; adoption by Mississippi)