Goodman Firm Blawg

MS Tort Claims Act- Prisoner Exemption

Here is a recent MS Supreme Court opinion addressing a Tort Claims Act wrongful death suit. In particular the Supreme Court upheld the dismissal of the suit based upon the claim being based solely upon negligence (and not malice) for the death of an individual while incarcerated in the County jail. The Court correctly identified the Tort Claims Act exemption for prisoners or inmates of state jails; and the Court also noted malice was never alleged in the Complaint so Plaintiff's could not argue on appeal that the actions of Defendants were outside the scope of Tort Claims immunity.

New Orleans Mayoral Candidate Tossed in Jail

Not only is this lady a Mayoral candidate, she is the Clerk of Criminal Court. In Orleans Parish, that Clerk is in charge of the entire election process!.....this should be one hilarious election for Mayor in New Orleans!

Are You Being "Piggybacked?"

You may be if you use a wireless internet (Wi-Fi) connection. As noted in this NY Times article, "piggybacking" occurs when an unauthorized person uses another person's wi-fi connection. If this is a concern to you, make sure you encrypt your wi-fi and use passwords to protect your internet connection. I will admit that finding wi-fi zones has come in handy when I have been out of the office. I have found (before and after doctor depos) most hospitals have wide open wi-fi access... this seems a little odd given all the privacy issues facing hospitals these days.

Sheriff's Department is Not a Governmental Entity Under the MTCA

The Mississippi Supreme Court recently issued this decision discussing the proper party to be named in a Tort Claims Act suit against a County Sheriff's Department. Although the MTCA does not specifically identify which bodies are "governmental entities" or "political subdivisions," there are some guides in the statute which point to the individual County as the proper defendant in a claim against a Sheriff. This case is pertinent since  notice was provided to the County Board of Supervisors, but the County was not listed as a defendant in the suit. The dismissal of the action was upheld since the "Bolivar County Sheriff's Department" was improperly named as the defendant.