Hinds County v. Perkins
2011 Miss. LEXIS 334
Miss.2011Background
- Inmate Travis Smith escaped from Hinds County jail on July 14, 2005 and obtained a car, striking a pedestrian who died.
- Vern Perkins, as representative of the decedent’s wrongful‑death beneficiaries, sued the Hinds County Sheriff and Board of Supervisors.
- Plaintiff alleged the County failed to confine Smith and prevent his escape, and that actions of police were reckless.
- The County moved to dismiss or for summary judgment, asserting MTCA immunity; the circuit court denied the motion as having genuine issues of material fact.
- The County appealed the denial as an interlocutory order, but the appeal was not timely brought under Rule 5; the case proceeded to discussion on appealability.
- The Mississippi Supreme Court ultimately dismissed the appeal and refused attorney’s fees, upholding the interlocutory review framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of summary judgment based on sovereign immunity is directly appealable. | Perkins argues for Rule 4 right to appeal. | Hinds County seeks direct appeal under Rule 4 due to immunity. | No direct appeal; interlocutory review only under Rule 5. |
| Whether the collateral order doctrine should permit immediate appeal of immunity rulings. | County advocates collateral order appeal. | Mississippi should adopt collateral order for immunity. | Mississippi declines collateral order adoption; follow Rule 5. |
| Whether Mitchell v. City of Greenville supports direct appeal of immunity denial. | Mitchell supports early resolution of immunity. | Mitchell does not grant direct appeal right. | Mitchell does not establish a direct appeal right. |
| Timeliness of the appeal under Rule 5 vs Rule 4. | Notwithstanding, the record should permit Rule 4 review. | Appeal filed outside 21 days under Rule 5; proper path not met. | Appeal properly dismissed as interlocutory under Rule 5. |
Key Cases Cited
- Mitchell v. City of Greenville, 846 So.2d 1028 (Miss.2003) (immunity is an issue of law; summary judgment appropriate; collateral review discussed but not direct appeal right)
- Swint v. Chambers County Comm’n, 514 U.S. 35 (U.S. 1995) (right not to stand trial; cautious view of collateral review)
- Johnson v. Fankell, 520 U.S. 911 (U.S. 1997) (no federal right to interlocutory appeal from denial of qualified immunity in state court)
- Meeks v. Miller, 956 So.2d 864 (Miss.2007) (interlocutory context; indicates normal practice of review)
- Gorton v. Rance, 52 So.3d 351 (Miss.2011) (recognizes interlocutory review mechanism under Rule 5)