OF JUDGMENT: 02/04/2016
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT TRIAL JUDGE:
HON. JEFF WEILL SR.
ATTORNEYS FOR APPELLANT: CHUCK MCRAE JHASMINE EUNIQUE ANDREWS
ATTORNEYS FOR APPELLEES: JASON EDWARD DARE STEVEN JAMES
GRIFFIN J. LAWSON HESTER ROY A. SMITH JR.
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
This is an appeal from a grant of summary judgment by the
Circuit Court of Hinds County. Finding error, we reverse and
remand for further proceedings consistent with this opinion.
This action arises out of events from Sunday evening, January
1, 2012, in Jackson, Mississippi. Deputy Ogden
Wilburn and Deputy Bracey Coleman,  both of the Hinds
County Sheriff's Office, were off-duty, working a private
security detail at a private apartment complex while in
uniform and operating a county owned, unmarked, black Nissan
Pathfinder with lights concealed inside the vehicle and
possibly a siren. While the two were in the vehicle at or
near the intersection of Northside Drive and Medgar Evers
Boulevard, Khavaris Hill purportedly approached from behind
and passed their vehicle and another while the light was
green. Hill continued onto Interstate 220.
After Hill passed, the deputies followed. At some point after
Hill's passing the deputies, they activated their blue
lights and possibly their siren. Rather than yielding to the
Pathfinder, Hill continued on I-220 for approximately three
miles and exited at Watkins Drive. After exiting, Hill
traveled approximately three-quarters of a mile on Watkins
Drive before his vehicle collided with another.
After the collision, the deputies approached Hill's
vehicle and, after Hill failed to heed their commands to exit
the vehicle, the deputies pulled him from his vehicle, placed
him face down on the ground, and handcuffed him.
Subsequently, emergency medical services arrived along with
the Jackson Police Department, which rendered aid to those
involved in the crash, including Hill, and documented the
scene. Hill was ultimately taken to the hospital, where he
was diagnosed with a fracture in his neck. Hill was never
charged with a moving violation or any other crime.
In December 2012, Hill filed suit in the United States
District Court for the Southern District of Mississippi
against the individual deputies, the sheriff, and Hinds
County alleging both federal claims brought under 42 U.S.C.
§ 1983 (2012) and state claims brought under the
Mississippi Tort Claims Act (MTCA). His federal claims
included alleged constitutional violations, conspiracy to
violate constitutional rights, and supervisory liability for
constitutional violations. His state claims included alleged
negligence, gross negligence, and reckless disregard for his
On February 26, 2014, a hearing was held in that court on the
individual deputies' motion for summary judgment premised
upon qualified immunity. The court orally granted summary
judgment on that ground, concluding that the deputies did not
violate Hill's constitutional rights. The defendants
moved for summary judgment on all remaining theories of
liability. On March 9, 2015, the court issued a written order
granting summary judgment as to Hill's federal claims.
The court went on to state that "Hill's state law
claims are dismissed without prejudice to their
refiling in a state court of competent jurisdiction."
On March 18, 2015, Hill refiled his state-law claims with the
Circuit Court of Hinds County, and the defendants
subsequently moved for summary judgment. On February 4, 2016,