The University of Mississippi Medical Center v. Enoch Oliver
235 So. 3d 75
| Miss. | 2017Background
- On Jan 16, 2008 UMMC officers confronted Enoch Oliver after a reported domestic disturbance at the hospital; officers allege Oliver refused orders, produced a pistol and pointed it at an officer, and a loaded handgun was found in his van.
- Oliver was initially charged with misdemeanors; UMMC Investigator Syrone McBeath reviewed reports and sought a felony warrant for assault on a law-enforcement officer; a grand jury later indicted Oliver for felony assault; the State entered a nolle prosequi on Oct. 14, 2009.
- Oliver sued UMMC and multiple officers in 2010 asserting numerous claims including malicious prosecution (misdemeanors and the felony), negligence, assault, and false arrest; most claims were dismissed with prejudice by the circuit court except malicious prosecution of the felony charge against UMMC, McBeath, and Stewart.
- Defendants moved for summary judgment arguing sovereign immunity/MTCA exclusions for malice-based torts, statute of limitations, discretionary/police-protection immunity, and lack of evidence of malice or lack of probable cause; the circuit court denied summary judgment, prompting interlocutory appeal.
- The Mississippi Supreme Court held that (1) malice-based torts (including malicious prosecution) are excluded from the MTCA waiver, so UMMC (and officers in official capacity) cannot be liable; and (2) Oliver failed to produce evidence of malice or lack of probable cause against the individual officers (McBeath and Stewart), so summary judgment for defendants was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether malicious-prosecution claim falls within MTCA waiver such that UMMC can be liable | Oliver: officers acted within course/scope, so UMMC vicariously liable under MTCA | UMMC: MTCA excludes malice-based torts; sovereign immunity not waived for malicious prosecution | MTCA excludes malice-based torts; UMMC not liable; claim only against officers individually |
| Whether individual officers are shielded by MTCA immunities (police-protection/discretionary) | Oliver: MTCA applies to officers (were acting within scope) and defendants cannot rely on exclusions | McBeath/Stewart: acted within scope and MTCA immunities apply | MTCA does not apply to malice-based torts; officers sued individually (MTCA immunities inapplicable to bar individual liability) |
| Whether Oliver produced evidence of malice (essential element) against officers | Oliver: McBeath escalated charge to felony and misrepresented facts to obtain warrant, showing malice | Defendants: recommendations/charging based on officers’ reports; no evidence of purpose other than seeking justice | No genuine issue: Oliver failed to show malice (no evidence of objective improper purpose) |
| Whether probable cause was lacking for felony charge | Oliver: nolle prosequi proves lack of probable cause | Defendants: probable cause judged by facts available at initiation; officers’ reports furnished probable cause | Probable cause existed at time charge was initiated; nolle prosequi does not retroactively show lack of probable cause; summary judgment for defendants |
Key Cases Cited
- Wells ex rel. Wells v. Panola Cty. Bd. of Educ., 645 So. 2d 883 (Miss. 1994) (MTCA replaced common-law sovereign immunity)
- Strong v. Nicholson, 580 So. 2d 1288 (Miss. 1991) (elements of malicious prosecution and definition of malice)
- Zumwalt v. Jones Cty. Bd. of Supervisors, 19 So. 3d 672 (Miss. 2009) (malice-based intentional torts fall outside MTCA waiver)
- Keen v. Simpson Cty., 904 So. 2d 1157 (Miss. Ct. App. 2004) (Court of Appeals decision applying MTCA to malicious-prosecution claim, overruled in part)
- Bankston v. Pass Rd. Tire Ctr., Inc., 611 So. 2d 998 (Miss. 1992) (statute of limitations for malicious prosecution begins when the criminal action terminates in plaintiff's favor)
- Gibson v. State, 660 So. 2d 1268 (Miss. 1995) (discussion of aggravated assault and related standards)