City may be liable where police stopped but failed to arrest drunk driver who was later involved in automobile accident

Law Reporter, Aug 1999

Turner v. City of Ruleville, _ So. 2d 5, No. 95-CA00880-SCT, 1999 WL 161301 (Miss. Mar. 25,1999).

The Mississippi Supreme Court held that a city may be liable to a woman injured in an automobile accident with a drunk driver where police had previously stopped-but did not arrest-the drunk driver.

Here, Smith was stopped by a police officer for driving erratically and failing to use headlights. The officer allegedly knew Smith was intoxicated but allowed him to continue driving. Shortly after, a woman was injured in an automobile collision with Smith.

The woman filed suit against the city, alleging that it was responsible for the officer's actions under Miss. CODE ANN. (sec)11-46-9(c)-which permits liability for a government employee's reckless disregard of the safety of any individual who is not engaged in criminal activity at the time of injury. The trial court granted defendant's motion to dismiss, finding that the police officer had not deliberately or intentionally harmed plaintiff.

Reversing, the state high court noted that recklessness may be defined as desperately heedless, wanton, or willful conduct, or it may mean only carelessness, inattentiveness, or negligence. The court said that in the statute's context, recklessness-behavior excluded from immunity-must connote wantonness or willfulness, because immunity lies for negligence. The court cited case law holding that specific intent is not required to defeat an immunity defense. Rather, the court said, reckless disregard requires only knowing or intentional actions.

Here, the court said, plaintiff did not allege the officer intentionally meant to harm her. However, the court found that the facts did allege that he wrongfully and intentionally allowed Smith-who was visibly intoxicated-to continue driving. This alleged act showed a reckless disregard for the safety of other drivers on the road. Thus, the court concluded the trial court had erred by not focusing on whether the officer intended to do the act that caused harm to plaintiff.

Accordingly, the court remanded.

Plaintiffs Counsel:

*William B. Raiford III, Clarksdale, Miss.

[Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Raiford.]