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Freeman v. Jackson County Sheriff's Department

August 18, 1998

RODNEY WAYNE FREEMAN, APPELLANT
v.
JACKSON COUNTY SHERIFF'S DEPARTMENT, SHERIFF D. B. POPE, JERRY FRAYSER, JOHN DOE I, AND JOHN DOE II, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY AS OFFICERS OF THE JACKSON COUNTY SHERIFF'S DEPARTMENT, APPELLEE



Before Bridges, C.j., Hinkebein, And Payne, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

Freeman v. Jackson County Sheriff's Department, et al, 97-CA-00119-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 01/08/97

TRIAL JUDGE: HON. KATHY KING JACKSON

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - TORTS (OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE)

TRIAL COURT DISPOSITION: DISMISSED

DISPOSITION AFFIRMED IN PART, REVERSED AND REMANDED IN PART

This case stems from the arrest, overnight detention, and subsequent unsuccessful prosecution of Rodney Wayne Freeman for public drunkenness. Freeman has demanded monetary damages for injuries which he allegedly received during the episode from the responsible law enforcement officers as well the county agencies involved. However, the circuit court has granted the defendants' motion to dismiss citing, among other grounds, the statutory immunity afforded to such entities and their employees. Aggrieved by this action, Freeman appeals to this Court on the following grounds:

I. WHETHER THE LOWER COURT COMMITTED ERROR BY GRANTING DEFENDANTS' MOTION TO DISMISS WHEN A REASONABLE DOUBT EXISTED AS TO WHETHER THE PLAINTIFF COULD PROVE NO SET OF FACTS IN SUPPORT OF THE CLAIM WHICH WOULD ENTITLE HIM TO RELIEF.

II. WHETHER THE LOWER COURT COMMITTED ERROR BY GRANTING DEFENDANTS QUALIFIED IMMUNITY WHEN THEY COMMITTED INTENTIONAL TORTS.

III. WHETHER THE LOWER COURT COMMITTED ERROR BY GRANTING DEFENDANTS SOVEREIGN IMMUNITY.

IV. WHETHER THE LOWER COURT COMMITTED ERROR BY GRANTING QUALIFIED IMMUNITY.

Holding the circuit court to have been in error with regard to certain issues associated with these assignments of error, we reverse the judgment of the court and remand for continued ...


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