City of Jackson v. Gray

Citations: 72 So. 3d 491; 2011 Miss. LEXIS 387; 2011 WL 3505305Docket: No. 2009-CA-01610-SCT

Court: Mississippi Supreme Court; August 11, 2011; Mississippi; State Supreme Court

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Mary Gray, Peggy Pettaway, Kimberly Clausell, Lillian Byrd, and Chris Clausell initiated negligence lawsuits against the City of Jackson, the City of Raymond, and Alice Wilson in Hinds County Circuit Court. Prior to trial, the City of Raymond settled, leaving the City of Jackson and Alice Wilson as defendants. Following a bench trial, the circuit judge determined that the City of Jackson's police officers acted with reckless disregard for public safety, attributing 20% of the damages to the City of Jackson. The City of Jackson appealed, contending that its officers did not act recklessly and that their actions were not the proximate cause of the plaintiffs’ injuries. The court found in favor of the City of Jackson, reversing the trial court’s decision.

On April 21, 2007, Officer Randy Razor of the City of Raymond attempted to stop Alice Wilson, who was driving a gold Ford Explorer erratically on Highway 18. Despite his efforts, Wilson did not yield and nearly collided with another vehicle. As the pursuit continued into Jackson, Officer Razor communicated the situation to the Hinds County dispatcher, who relayed it to the Jackson Police Department (JPD). JPD Officer Stephen Coleman and Officer Terrance Spann were alerted and positioned themselves to block traffic. 

Officer Razor continued the pursuit into downtown Jackson, while Metro One helicopter monitored the situation from above. Wilson subsequently drove the wrong way on a one-way street, prompting Officer Coleman to terminate his pursuit due to safety concerns. Coleman and Spann then deactivated their emergency lights and continued on a different route.

Lieutenant Steve McDonald of the JPD was traveling correctly on Amite Street with his lights and siren activated when he observed Officers Razor and Wilson driving against traffic. Aware of their pursuit through radio communication, he instructed the City of Jackson dispatcher to terminate it and to contact the City of Raymond dispatcher for the same purpose. Concurrently, Officers Coleman and Spann, with their lights off, were stopped at a red light on Capitol Street when they saw Wilson and Razor turn onto Capitol Street, proceeding correctly. Coleman reported their location but lost sight of them due to the terrain.

As Wilson and Razor continued eastbound on Capitol Street, Kimberly Clausell, driving southbound on Congress Street with passengers Alice and Lillian Byrd, encountered a green light at the intersection. Wilson, however, ran a red light and collided with Kimberly’s vehicle, resulting in Alice's death and injuries to Kimberly and Lillian. The plaintiffs, including Kimberly and Alice’s estate, filed lawsuits against the Cities of Raymond and Jackson for negligence, which were later consolidated. The City of Raymond settled, leaving Wilson and the City of Jackson as defendants.

During a bench trial in the Circuit Court of Hinds County, Judge William F. Coleman determined the fault percentages: Wilson (50%), City of Raymond (30%), and City of Jackson (20%). The judge cited violations of General Order 600-20 by JPD officers, noting their failure to stop or alter their pursuit direction, their prior arrival at the intersection before Wilson, and the lack of approval for joining Razor's pursuit. He highlighted that the officers were aware of Wilson’s reckless driving and that her vehicle could be identified for future apprehension, particularly since her offenses were not felonies.

The trial court found that Jackson Police Department (JPD) officers acted with reckless disregard for public safety, as they did not terminate the pursuit led by Officer Razor, contributing to the injuries and death of the plaintiffs. Following this opinion, the City of Jackson filed a motion requesting the court to amend its findings regarding proximate cause, which the trial court denied, refusing to cite any facts about the city's causative role. The City of Jackson appeals the final judgment from the Circuit Court, which awarded $500,000 in compensatory damages and $100,000 in punitive damages to Chris Clausell, as well as additional compensatory awards to other plaintiffs against both Alice Wilson and the City of Jackson. The City raises two issues on appeal: the trial court's determination of reckless disregard by JPD officers and the apportionment of 20% liability to the City without establishing proximate cause. The appeal focuses primarily on the first issue, with the court acknowledging that a judge's findings are upheld on appeal if supported by substantial evidence. The Mississippi Tort Claims Act generally provides immunity for police actions unless there is reckless disregard for safety, which is defined as a higher standard than gross negligence, requiring willful or wanton conduct.

In *City of Jackson v. Presley*, the Mississippi Supreme Court reversed a trial court's ruling that a police officer acted with reckless disregard during a collision while responding to an emergency. The officer entered a busy intersection on a red light, with lights and siren activated, but had a blocked view of oncoming traffic and was traveling at five miles per hour when the collision occurred. The court found no evidence of reckless disregard, concluding that the trial court's judgment was against the overwhelming weight of the evidence.

Conversely, in previous cases, the court affirmed findings of reckless disregard under the Mississippi Tort Claims Act (MTCA) when police actions posed a danger to public safety. For instance, in *City of Jackson v. Lipsey*, an officer turned into oncoming traffic without proper signals, and in *Brister*, officers pursued a suspect against department policy, leading to a collision. In *City of Jackson v. Law*, the court upheld a finding of reckless disregard when an officer ignored a supervisor's order to terminate a pursuit.

The court identified ten factors relevant to determining reckless disregard in police pursuits, including the chase's length, neighborhood type, traffic conditions, and adherence to police policy. It emphasized that trial courts should evaluate all factors and the totality of circumstances. The trial court in the current case considered some but not all factors, notably omitting those indicating the City of Jackson did not act with reckless disregard. The court intends to review these additional factors in its analysis.

The City of Jackson contends that JPD officers did not pursue Wilson but aided Officer Razor, arguing that the Richardson factors are inapplicable. However, the trial judge found that JPD officers did pursue Wilson, supported by expert testimony from Waller. Jackson Police Department General Order 600-20 mandates that pursuits initiated by other agencies must be treated the same as those begun by JPD officers. The City of Jackson cites McCoy v. City of Florence to argue their case, where the Court of Appeals determined that Richland officers, who merely blocked traffic during a pursuit initiated by a Florence officer, were not involved. In contrast, JPD officers not only blocked traffic but also actively followed Officer Razor and Wilson for several miles, indicating their participation in the pursuit.

The trial court established that the chase lasted approximately eleven miles, with six or more miles within Jackson city limits. While the City of Jackson claims its involvement was less than four or five miles, expert testimony suggests JPD's involvement was five to six miles. The trial judge noted that the pursuit traversed both commercial and residential areas, with Officer Coleman highlighting the presence of churches, daycare centers, and funeral homes along the route. The court did not address the street characteristics, mentioning only a slight incline on Capitol Street, without evidence of significant hilly or poorly maintained roads.

The trial court did not consider the presence of vehicular or pedestrian traffic during the police pursuit, which started on a Saturday afternoon. Testimony indicated that traffic was light, with Officer Razor noting little to no vehicles present, while Waller was uncertain about pedestrian presence. The weather was clear and sunny throughout the pursuit, a point acknowledged by the trial court. The seriousness of the offenses for which the suspect was pursued was also addressed; the trial court noted that the officers knew the offenses were not felonies, and Officer Coleman was unsure of any serious crimes at the time of the pursuit. 

Regarding police procedures, Officer Coleman testified that he activated his blue lights and siren during the pursuit but turned them off upon its termination, only to reactivate them after the collision. The trial court noted that the officers were aware of alternative methods for apprehending the suspect, including oversight by a helicopter and possession of the vehicle's tag number. 

The trial court emphasized JPD General Order 600-20, asserting that the officers violated it by pursuing Wilson without stopping or deviating from his path, arriving at an intersection before him, and continuing the chase with more than two patrol cars. However, the analysis of the order was found to be flawed. Testimony indicated that Sergeant Barlow had instructed officers to assist with traffic once the pursuit entered Jackson, contradicting the claim that permission was not obtained. Additionally, the presence of more than two patrol cars was justified by the order allowing for such involvement under supervisory instruction.

The trial court determined that JPD officers failed to properly terminate their pursuit as per the General Order, which requires officers to either stop in a safe location or travel in the opposite direction of the pursuit. Waller testified that Officers Coleman and Spann traveled parallel to the pursuit, violating this directive, although they were traveling east on Capitol Street, the only lawful direction available. The court did not address the officers' speed but noted that Wilson was speeding. Waller believed the officers were speeding based on their presence at the collision site, while Officer Coleman admitted to driving 45 mph in a 35 mph zone. 

The analysis of reckless disregard considered the totality of circumstances, including that the JPD officers did not initiate the pursuit and were assisting an officer from another jurisdiction who was alone and in an unfamiliar area. Lieutenant McDonald emphasized the necessity of such support for officer safety. 

The trial court's finding of reckless disregard was deemed unsupported by substantial evidence. It failed to acknowledge that the streets were in good condition, traffic was light, the officers activated their lights and sirens, and they did not travel at an excessive speed. Additionally, the officers acted under their supervisor's orders to assist with traffic. Their motivation to aid Officer Razor was also rooted in concern for his safety. 

Ultimately, the court concluded that the JPD officers did not act with reckless disregard, which is characterized by a complete abandonment of care. Since the City of Jackson was not found to have acted recklessly, the issue of proximate cause was deemed unnecessary to address.

The judgment of the Circuit Court of the First Judicial District of Hinds County in favor of Mary Gray and Peggy Pettaway, co-administrators of Alice Clausell's estate, against the City of Jackson is reversed, and judgment is rendered in favor of the City of Jackson. The case involved co-administrators Gray and Pettaway, along with Kimberly Clausell and Lillian Byrd, who filed suit against the Cities of Raymond and Jackson, while Chris Clausell filed a separate suit against Alice Wilson. These suits were consolidated for trial. During the proceedings, Officer Razor testified that he communicated with the Hinds County Sheriff's Department regarding the pursuit of a vehicle, mistakenly using the ten-code for improperly parked vehicles (10-92) instead of the correct code for a mental subject (10-96). Expert testimony indicated that JPD officers had their blue lights activated during the incident. Under Mississippi law (Mississippi Code Section 11-46-9(1)(c)), a governmental entity and its employees are not liable for claims arising from acts performed in the course of their duties unless there is reckless disregard for safety. The court distinguishes this case from a prior case (Law) by stating that not all ten relevant factors need to be considered, but for the present case, all ten factors are analyzed as part of the totality-of-the-circumstances. The court finds substantial evidence did not support a finding of reckless disregard.