DeSoto County v. Dennis
Annotate this CaseA domestic dispute led a justice court judge to issue an arrest warrant for T.D., and then cancel the warrant after she complied with the judge’s order to attend an anger-management course. However, because the justice court clerk failed to send a cancellation notice to the local sheriff’s office, DeSoto County deputies later arrested T.D. and held her in jail until they discovered the mistake. Plaintiffs sued DeSoto County for the clerk’s negligence. DeSoto County moved for summary judgment, claiming immunity under the Mississippi Tort Claims Act. The circuit judge denied that motion, and DeSoto County appealed. After review, the Mississippi Supreme Court held that, for the negligent act complained of in this case, the county has immunity under the Mississippi Tort Claims Act. The Court reversed the trial court’s failure to grant summary judgment, and rendered a judgment in DeSoto County’s favor.
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