OF JUDGMENT: 04/03/2018
COUNTY CIRCUIT COURT HON. STEVE S. RATCLIFF III
ATTORNEY FOR APPELLANT: RUBEN ORLANDO BENITEZ (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
DANIEL BURNHAM SMITH
BARNES, C.J., TINDELL AND McCARTY, JJ.
In this case, we must determine whether the one-year statute
of limitations under Mississippi Code Annotated section
11-46-11(3)(a) (Rev. 2012) applies to bar a claim against a
government employee. Finding the one-year limitation
applicable, we affirm.
In 2011, Ruben Orlando Benitez was arrested and charged with
the murder of Stacey Wright. This Court affirmed his
conviction and sentence in Benitez v. State, 139
So.3d 134, 143 (¶40) (Miss. Ct. App. 2014).
On June 29, 2017, Benitez sued Joel Wallace under the
Mississippi Tort Claims Act (MTCA), alleging that Wallace
committed several torts against him during the investigation
into Wright's murder. At the time of the investigation
Wallace was a detective with the Mississippi Bureau of
Wallace was served with process on November 1, 2017, but did
not file his answer and affirmative defenses until December
8, 2017. On December 4, 2017, Benitez filed a motion for
default judgment. Soon after, Wallace filed a motion to
dismiss and a response to the motion for default judgment.
The trial court granted Wallace's motion to dismiss,
finding that the alleged tortious conduct occurred in 2011,
and therefore the one-year statute of limitations barred
Benitez now appeals, asserting that the trial court erred in