782 F.Supp.3d 329
N.D. Miss.2025Background
- Plaintiff Cassandra Newbern, on behalf of her minor child J.B., brought suit against Officer Erin Hill and others, alleging improper conduct by Hill in obtaining an arrest warrant and possibly engaging in malicious prosecution.
- Officer Hill moved to stay the case pending his appeal to the Fifth Circuit after the district court denied his motion to dismiss the state law claims based on immunity arguments.
- The court clarified its earlier order did not outright deny immunity but allowed discovery to determine if Hill's conduct fell within exceptions to the Mississippi Tort Claims Act (MTCA), such as malice-based torts.
- Plaintiff specifically aims to assert a malicious prosecution claim, arguing that Hill knowingly lied to obtain the arrest warrant, and referenced new bodycam video evidence potentially supporting her claim.
- The court criticized plaintiff’s prior litigation behavior, particularly her fabrication of legal authorities, but chose not to dismiss the entire case, considering the interests of the minor child and the need to clarify the facts before dispositive rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discovery should proceed on state-law claims | Factual discovery is needed to prove malice/misconduct | Defendant is immune under state law; discovery unwarranted | Discovery is necessary before deciding state law immunity |
| Applicability of MTCA immunity to malicious prosecution | Malicious prosecution is outside MTCA; no immunity | MTCA bars suit; immunity is from suit, not just liability | Malicious prosecution claims are not covered by MTCA immunity |
| Whether qualified immunity bars discovery on federal claims | New video evidence should allow reconsideration | Plaintiff's federal claims are barred; no new evidence relevant | Discovery on federal claims barred due to fabricated filings |
| Interlocutory appeal of state law immunity denial | Court has not definitively denied immunity | Interlocutory appeal should stay all proceedings | Case stayed pending Fifth Circuit appeal |
Key Cases Cited
- Univ. of Mississippi Med. Ctr. v. Oliver, 235 So. 3d 75 (Miss. 2017) (malicious prosecution claims are not subject to MTCA immunity; officers can be sued individually for malice-based torts)
- Zumwalt v. Jones County Board of Supervisors, 19 So.3d 672 (Miss. 2009) (distinguishes intentional torts like malicious prosecution from torts within scope of employment under MTCA)
- Strong v. Nicholson, 580 So.2d 1288 (Miss. 1991) (malice is essential to malicious prosecution claim in Mississippi)
- Carswell v. Camp, 54 F.4th 307 (5th Cir. 2022) (qualified immunity discovery restrictions under federal law)
- Walton v. City of Verona, 82 F.4th 314 (5th Cir. 2023) (Fifth Circuit interlocutory review standards for immunity denials)