Ware v. Adams County Ex Rel. Board of Supervisors, 199 So. 3d 1257

On August 11, 2010, LaDonna Ware visited the Adams County Correctional Center to deliver a package to an inmate through a secured sally‑port room with gated entry controlled from a nearby control tower.
After delivering the package, Ware reentered the secure room with a group; an officer in the control tower operated the gate to let her exit.
The gate "hung up" as Ware passed; the officer, Deputy Fran Christie, attempted to reset the gate, which accidentally closed on Ware’s lower leg before she had fully cleared it.
Ware sued Adams County and Sheriff Mayfield (official capacity), alleging negligent operation of the sally‑port gate and failure to train/ warn, invoking duties under Mississippi law.
The County moved for summary judgment on immunity grounds under the Mississippi Tort Claims Act (MCTA); the trial court granted summary judgment, finding no genuine issue that Deputy Christie acted with reckless disregard.
Ware appealed pro se; the Court of Appeals affirmed, concluding Ware failed to show notice of a dangerous condition or that the deputy acted with reckless disregard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether County violated MCTA exceptions for a "dangerous condition" (§ 11‑46‑9(1)(v),(w)) by failing to warn of a faulty gate	Ware: County knew or should have known of a hazardous/ malfunctioning gate and had a duty to warn/repair	County: No proof of notice or prior malfunction; Ware did not raise failure‑to‑warn below	Court: Procedurally barred on appeal; merits fail for lack of proof of notice or dangerous condition
Whether Deputy Christie acted with "reckless disregard" (MCTA police‑protection immunity, § 11‑46‑9(1)(c))	Ware: Deputy’s actions in resetting the gate displayed conduct beyond ordinary negligence	County: Deputy acted within scope of employment and, at most, negligently; entitlement to immunity absent reckless disregard	Court: No evidence of willful or wanton conduct; deputy’s actions were accidental/careless, not reckless; immunity applies

City of Jackson v. Gardner, 108 So. 3d 927 (Miss. 2013) (defines MCTA police‑protection immunity and ‘‘reckless disregard’’ standard)
Johnson v. City of Quitman, 66 So. 3d 1261 (Miss. Ct. App. 2011) (officers’ failure to arrest held not reckless; mere nonfeasance or negligence insufficient)
Joseph v. City of Moss Point, 856 So. 2d 548 (Miss. Ct. App. 2003) (accidental officer conduct held careless, not reckless, supporting immunity)
Maldonado v. Kelley, 768 So. 2d 906 (Miss. 2000) (MCTA liability requires more than negligence)
Harris ex rel. Harris v. Bd. of Trs. of Clinton Pub. Sch. Dist., 126 So. 3d 100 (Miss. Ct. App. 2013) (standard of review for summary judgment cited)
Howard v. City of Biloxi, 943 So. 2d 751 (Miss. Ct. App. 2006) (summary judgment burden and non‑moving party benefit of doubt)
Morton v. City of Shelby, 984 So. 2d 323 (Miss. Ct. App. 2007) (plaintiff bears burden to prove reckless disregard by preponderance)
Lee v. Lee, 154 So. 3d 904 (Miss. Ct. App. 2014) (issues not raised in trial court are procedurally barred on appeal)
In re Dissolution of Marriage of De St. Germain, 977 So. 2d 412 (Miss. Ct. App. 2008) (same: appellate court will not consider issues raised first on appeal)