Johnson v. CITY OF QUITMAN, 2011 Miss. App. LEXIS 441

Shannon Johnson and Sashaye Johnson sue the City of Quitman and two officers for injuries from an ex-husband's assault, alleging reckless disregard and MTCA violations.
Officers are dismissed; City moves for summary judgment, asserting MTCA immunity for police protection actions.
Johnson asserts the officers failed to arrest Nicholson, despite a restraining order, contributing to the later harm.
Feb. 17, 2008 disturbance call: Nicholson threatens Johnson; Nicholson told to leave, Cameron stays until departure.
Feb. 20, 2008 Nicholson returns, assaults Johnson and stabs Sashaye; later evidence of alleged falsified records is asserted.
The circuit court grants summary judgment for immunity; Johnson appeals on recklessness and falsification grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Officers act with reckless disregard?	Johnson	City	Immunity applies; no reckless disregard.
Was there falsification of police records?	Johnson	City	No substantiated evidence of falsification.

City of Laurel v. Williams, 21 So.3d 1170 (Miss. 2009) (no evidence of conscious indifference; failure to arrest not reckless disregard)
Turner v. City of Ruleville, 735 So.2d 226 (Miss. 1999) (reckless disregard requires willful or conscious indifference)
Miss. Dep't of Pub. Safety v. Durn, 861 So.2d 990 (Miss. 2003) (reckless disregard involves conscious indifference to consequences)
Maye v. Pearl River County, 758 So.2d 391 (Miss. 1999) (reckless disregard standard explained)
Anglado v. Leaf River Forest Prods., Inc., 716 So.2d 543 (Miss. 1998) (summary judgment standard and MTCA application)
Palmer v. Anderson Infirmary Benevolent Ass'n, 656 So.2d 790 (Miss. 1995) (summary judgment and evidentiary burden guidance)
Galloway v. Travelers Ins. Co., 515 So.2d 678 (Miss. 1987) (summary judgment standard and burden of proof)
City of Jackson v. Brister, 838 So.2d 274 (Miss. 2003) (MTCA de novo review and immunity interpretation)