Jackson Public Sch. Dist. v. HeadAnnotate this Case
Minor Petitioners Latisha Head and Ashley McCoy through their mothers Shirley Russell and Shirley McCoy (collectively Petitioners) filed a complaint against the Jackson Public School District (JPS), the City of Jackson, the Jackson Police Department and several school officials because of a skirmish that occurred at Watkins Elementary School. Petitioners' complaint alleged assault and battery against a school official as a result of an altercation with Ms. Head. Four years would pass between Petitioners' initial complaint and the discovery phase of the case for various reasons by both parties' counsel. JPS moved to dismiss the complaint for failure to prosecute. The circuit court denied the motion, and from this denial, JPS appealed to the Supreme Court. Upon review of the trial court record, the Supreme Court found no inexcusable delay and that JPS suffered no actual prejudice. The Court affirmed the trial court's dismissal of JPS' motion, and remanded the case for further proceedings.