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August 2014

Obtained Summary Judgment on Behalf of a Municipality and its Police Officer in Both State and Federal Court Proceedings Arising Out of a Motor Vehicle Accident

Obtained summary judgment on behalf of a municipality and its police officer in both state and federal court proceedings arising out of a motor vehicle accident in which the officer collided with another motorist en route to an emergency call, resulting in the death of the other motorist. The state court held the defendants had immunity from the plaintiffs’ wrongful death claims under the Mississippi Tort Claims Act. Plaintiff filed a separate action in federal court alleging civil conspiracy in covering up evidence regarding the accident, and the court granted the officer qualified immunity and dismissed all claims against the municipality on summary judgment.