waiver of sovereign immunity (Mississippi) · Go Syfert
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waiver of sovereign immunity in Mississippi

15 Mississippi opinions name it 1 courts 1993–2016 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Gressett v. Newton Separate Mun. School Dist.green
miss · 1997 · cited in 4 Mississippi opinions naming this issue, 1994–1998
2 sentences

1998"Miss.Code Ann. § 11-46-5 provides for a waiver of sovereign immunity as to the State from and after July 1, 1993 and for political subdivisions of the state from and after October 1, 1993, subject to a number of substantive and procedural limitations set forth in later sections of said chapter." Gressett v. Newton Separate Municipal School District, 697 So.2d 444, 445 (Miss.1997).

1997Code Ann. § 11-46-5 provides for a waiver of sovereign immunity as to the State from and after July 1, 1993 and for political subdivisions of the state from and after October 1, 1993, subject to a number of substantive and procedural limitations set forth in later sections of said chapter." Gressett v. Newton Separate Municipal School District, 697 So.2d 444, 445 (Miss. 1997). ¶ 7.

44
McGrath v. City of Gautiergreen
miss · 2001 · cited in 3 Mississippi opinions naming this issue, 2004–2006
2 sentences

2006McGrath v. City of Gautier, 794 So.2d 983, 987 (Miss.2001).

2006McGrath v. City of Gautier, 794 So.2d 983, 987 (Miss.2001).

33
Stokes v. Kemper County Bd. of Sup'rsgreen
miss · 1997 · cited in 3 Mississippi opinions naming this issue, 1994–1999
2 sentences

1999Stokes v. Kemper County Bd. of Supervisors, 691 So.2d 391, 398 (Miss. 1997) (McRae, J. & Sullivan P.J., concurring in part and dissenting in part). ¶ 18.

1997Stokes v. Kemper County Bd. of Sup'rs, 691 So.2d 391, 398 (Miss. 1997)(McRae, J., concurring in part and dissenting in part). ¶ 12.

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Pruett v. City of Rosedale red
miss · 1982
2 sentences

1998Between December, 1982, subsequent to this Court's decision in Pruett v. City of Rosedale, 421 So.2d 1046 (Miss.1982), and October 1, 1993, when the waiver of sovereign immunity was effective, the City of Rosedale was not protected by sovereign immunity.

1996Between December, 1982, subsequent to this Court's decision in Pruett v. City of Rosedale, 421 So. 2d 1046 (Miss. 1982), and October 1, 1993, when the waiver of sovereign immunity was effective, the City of Rosedale was not protected by sovereign immunity.

21996–1998
United States v. Gaubert green
scotus · 1991
2 sentences

2016Jones adopted a workable test upon which the bench and bar could analyze a discretionary-function exception to the waiver of sovereign immunity as provided by Section 11-46-9(1)(d). 9 Brantley v. City of Horn Lake, 152 So. 3d 1106 (Miss. 2014). 10 Many of these cases are filed by general-practice attorneys who lack familiarity with administrative and regulatory law. 18 The discretionary-function exceptions of the Federal Tort Claims Act and the Mississippi Tort Claims Act are practically identical.11 For determining the application of discretionary-function immunity, the United States Supreme

2016Jones adopted a workable test upon which the bench and bar could analyze a discretionary-function exception to the waiver of sovereign immunity as provided by Section 11-46-9(1)(d). 9 Brantley v. City of Horn Lake, 152 So. 3d 1106 (Miss. 2014). 10 Many of these cases are filed by general-practice attorneys who lack familiarity with administrative and regulatory law. 18 The discretionary-function exceptions of the Federal Tort Claims Act and the Mississippi Tort Claims Act are practically identical.11 For determining the application of discretionary-function immunity, the United States Supreme

12016–2016
William T. Brantley v. City of Horn Lake, Mississippi red
miss · 2014
1 sentence

2016Jones adopted a workable test upon which the bench and bar could analyze a discretionary-function exception to the waiver of sovereign immunity as provided by Section 11-46-9(1)(d). 9 Brantley v. City of Horn Lake, 152 So. 3d 1106 (Miss. 2014). 10 Many of these cases are filed by general-practice attorneys who lack familiarity with administrative and regulatory law. 18 The discretionary-function exceptions of the Federal Tort Claims Act and the Mississippi Tort Claims Act are practically identical.11 For determining the application of discretionary-function immunity, the United States Supreme

12016–2016
LW v. McComb Separate Mun. School Dist. green
miss · 1999
1 sentence

1999Id. at 1145 .

11999–1999
Presley v. Mississippi State Hwy. Com'n green
miss · 1992
1 sentence

1998Until that time, we were governed by this Court's prospective decision in Presley v. Mississippi State Highway Commission, 608 So.2d 1288 (Miss.1992), which found that the Legislature's pronouncement in Miss.Code Ann. § 11-46-6 (repealed effective September 16, 1992), freezing case law on sovereign immunity to where it was on November 10, 1982, was unconstitutional. ¶ 28.

11998–1998
Joseph v. Tennessee Partners, Inc. green
miss · 1987
1 sentence

1993Strait, 523 So.2d at 39 ; Joseph, 501 So.2d at 374-75 ; French, 394 So.2d at 1387 .

11993–1993
French v. Pearl River Valley Water Supply Dist. red
miss · 1981
1 sentence

1993Strait, 523 So.2d at 39 ; Joseph, 501 So.2d at 374-75 ; French, 394 So.2d at 1387 .

11993–1993
Strait v. Pat Harrison Waterway Dist. green
miss · 1988
1 sentence

1993Strait, 523 So.2d at 39 ; Joseph, 501 So.2d at 374-75 ; French, 394 So.2d at 1387 .

11993–1993

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-1 (10) MS § Miss. Code Ann. § 11-46-3 (10) MS § Miss. Code Ann. § 11-46-5 (10) MS § Miss. Code Ann. § 11-46-6 (10) MS § Miss. Code Ann. § 11-46-9 (10)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 468 (1977–2026) GA 238 (1975–2026) FL 104 (1975–2026) MO 68 (1981–2025) NE 40 (1985–2024) CT 34 (1981–2024) NC 33 (1979–2026) NY 31 (1952–2025) MD 26 (1976–2026) NJ 26 (1961–2026) VA 24 (2001–2026) KY 24 (1989–2025) HI 24 (1964–2025) PA 20 (1946–2024) CA 19 (1981–2020) OK 19 (1979–2020) MA 17 (1981–2025) CO 16 (1992–2025) WA 16 (1979–2025) NM 16 (1994–2022) MS 15 (1993–2016) TN 14 (1998–2026) IL 14 (1992–2025) LA 13 (1990–2023) IA 13 (1986–2024) AK 10 (1972–2009) DE 10 (1972–2025) VT 10 (1987–2025) RI 9 (1992–2017) MT 9 (1979–2023) MN 9 (1994–2024) AR 9 (1997–2017) NH 8 (1977–2025) WI 8 (1985–2021) OH 7 (1974–2015) SC 7 (1959–2021) ID 6 (1992–2019) ME 6 (2005–2017) IN 5 (2006–2020) DC 4 (1986–2010) NV 3 (1950–1988) AZ 3 (1985–2020) SD 3 (1990–1998) KS 2 (1975–1994) AL 2 (2014–2017) UT 2 (2005–2014) VI 2 (2004–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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