Articles Posted in Mississippi Supreme Court

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Plaintiff filed suit against the Mississippi Department of Human Services and a children’s psychiatric facility Alliance Crossings based on the alleged statutory rape of a minor that occurred while the minor resided at Alliance Crossings and was in the legal and physical custody of the Department. The alleged basis for venue in Hinds County was that the Department of Human Services was headquartered in Hinds County. The defendants filed motions to transfer venue to Lauderdale County, which the trial court denied. Because plaintiff failed to allege sufficient facts supporting venue in Hinds County, the Supreme Court reversed the trial court and remanded the case for transfer to Lauderdale County. View "Mississippi Department of Human Services v. S.C." on Justia Law

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An incident occurred at West Lauderdale High School which led to the suspension and eventual expulsion of four male students. The principal notified the four students' parents and/or guardians of the immediate suspension. (The four male students were identified herein as C.D., E.F., G.H., and I.J.) The matter was pending before the school board, and if the board approved the recommendation, the students could request a hearing before the school board to continue the suspension until such hearing occurred. Three of the four students, E.F., C.D., and G.H., requested a hearing. Prior to the disciplinary hearing, parents of E.F. and C.D. applied for separate ex parte temporary restraining orders (TROs) in the Lauderdale County Youth Court. The ex parte temporary restraining orders were granted without notice ordering that E.F. and C.D. be allowed to return to school and enjoining the superintendent and school board from expelling them or assigning them to an alternative school. At the hearing for the TROs, the school district objected to reenrollment because the youth court lacked jurisdiction to order the students' return to school. Nonetheless, the court ordered the reenrollment. After a hearing, the school board expelled all four students for one calendar year on the basis that their presence in school was a safety concern for other students. C.D. and E.F., through counsel, moved the youth court for reenrollment. The youth court granted this motion and treated it as an appeal on the record of the expulsion and "not a matter de novo." The school board timely appealed the youth court's decision to the Supreme Court and moved the youth court to stay its judgment pending appeal. Upon review, the Supreme Court concluded the youth court exceeded its statutory authority by reenrolling C.D. and E.F. in high school because the discretion in this situation lied with the school board. Accordingly, the Court reversed the youth court's decision and remanded the case for further proceedings. View "Lauderdale County School Bd. v. Brown" on Justia Law

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Minor Petitioners Latisha Head and Ashley McCoy through their mothers Shirley Russell and Shirley McCoy (collectively Petitioners) filed a complaint against the Jackson Public School District (JPS), the City of Jackson, the Jackson Police Department and several school officials because of a skirmish that occurred at Watkins Elementary School. Petitioners' complaint alleged assault and battery against a school official as a result of an altercation with Ms. Head. Four years would pass between Petitioners' initial complaint and the discovery phase of the case for various reasons by both parties' counsel. JPS moved to dismiss the complaint for failure to prosecute. The circuit court denied the motion, and from this denial, JPS appealed to the Supreme Court. Upon review of the trial court record, the Supreme Court found no inexcusable delay and that JPS suffered no actual prejudice. The Court affirmed the trial court's dismissal of JPS' motion, and remanded the case for further proceedings. View "Jackson Public Sch. Dist. v. Head" on Justia Law