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

14 Mississippi opinions name it 2 courts 1981–2014 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 (5)

CaseFollowedCited
Webb v. Jacksongreen
miss · 1991 · cited in 9 Mississippi opinions naming this issue, 1994–2004
2 sentences

2004In Parker v. City of Philadelphia, 725 So.2d 782, 784 (Miss.1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275, 279 (Miss.1993); Webb v. Jackson, 583 So.2d 946, 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

2004In Parker v. City of Philadelphia, 725 So.2d 782 , 784 (Miss. 1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275 , 279 (Miss. 1993); Webb v. Jackson, 583 So.2d 946 , 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

99
Morgan v. City of Rulevillegreen
miss · 1993 · cited in 10 Mississippi opinions naming this issue, 1994–2004
2 sentences

2004In Parker v. City of Philadelphia, 725 So.2d 782, 784 (Miss.1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275, 279 (Miss.1993); Webb v. Jackson, 583 So.2d 946, 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

2004In Parker v. City of Philadelphia, 725 So.2d 782 , 784 (Miss. 1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275 , 279 (Miss. 1993); Webb v. Jackson, 583 So.2d 946 , 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

610
Parker v. City of Philadelphiagreen
miss · 1998 · cited in 5 Mississippi opinions naming this issue, 1998–2004
2 sentences

2004In Parker v. City of Philadelphia, 725 So.2d 782, 784 (Miss.1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275, 279 (Miss.1993); Webb v. Jackson, 583 So.2d 946, 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

2004In Parker v. City of Philadelphia, 725 So.2d 782 , 784 (Miss. 1998), we explained that: Under pre Pruett common law, whether a city "enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function." Morgan v. City of Ruleville, 627 So.2d 275 , 279 (Miss. 1993); Webb v. Jackson, 583 So.2d 946 , 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

55
Hodges v. Madison County Medical Centergreen
missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014Ctr., 929 So.2d 381, 384 (10) (Miss.Ct.App.2006) (listing the plaintiffs proof that government entity had actual or constructive notice of the dangerous condition as one way to “defeat” the defense of sovereign immunity).

11
All American Roofing & Siding Co. v. Van Normangreen
lactapp · 1991 · cited in 1 Mississippi opinions naming this issue, 2001–2001
2 sentences

2001In Parker v. City of Philadelphia, 725 So. 2d 783, 784 (Miss. 1998), we explained that: Under pre Pruett common law, whether a city “enjoys the defense of sovereign immunity depends on whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary function.” Morgan v. City of Ruleville, 627 So. 2d 275, 179 (Miss. 1993); Webb v. Jackson, 583 So. 2d 846, 952 (Miss. 1991) A city performing a governmental function is immune from a negligence suit, whereas a city performing a proprietary function is not immune from a negligence suit.

2001Morgan, 627 So. 2d at 279 ; Webb, 583 So. 2d at 952 .

11

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 (2)

CaseCitedYears
King v. City of Jackson green
miss · 1995
2 sentences

1998King, 667 So.2d at 1316 .

1997King, 667 So.2d at 1316 .

21997–1998
Horne v. State Building Commission green
miss · 1958
2 sentences

1981Much of the briefs of both parties addresses the question of whether or not the defense of sovereign immunity was waived by the legislature when it included in the power granted to the Building Commission by Chapters 280 of the Laws of 1956, the authority to "contract and be contracted with and to sue and be sued." The appellee Building Commission contends that the authority to sue and be sued in contractual matters under this Act of the legislature is limited to certain "revenue producing projects." However, in Horne v. State Building Commission, 233 Miss. 810, 823 , 103 So.2d 373 (1958), a c

1981Much of the briefs of both parties addresses the question of whether or not the defense of sovereign immunity was waived by the legislature when it included in the power granted to the Building Commission by Chapters 280 of the Laws of 1956, the authority to "contract and be contracted with and to sue and be sued." The appellee Building Commission contends that the authority to sue and be sued in contractual matters under this Act of the legislature is limited to certain "revenue producing projects." However, in Horne v. State Building Commission, 233 Miss. 810, 823 , 103 So.2d 373 (1958), a c

11981–1981

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-1 (10) MS § Miss. Code Ann. § 11-46-9 (9) MS § Miss. Code Ann. § 11-46-3 (6) MS § Miss. Code Ann. § 11-46-7 (5) MS § Miss. Code Ann. § 11-46-5 (4) MS § Miss. Code Ann. § 11-46-6 (4) MS § Miss. Code Ann. § 65-1-65 (4) MS § Miss. Code Ann. § 11-46-11 (3)

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

PA 127 (1965–2026) NC 69 (1980–2026) GA 65 (1981–2023) FL 46 (1970–2026) CT 43 (1981–2022) OH 41 (1971–2013) TX 33 (1989–2023) AR 31 (1990–2025) MD 25 (1972–2026) VA 24 (1989–2025) MO 19 (1977–2017) CA 18 (1947–2019) NY 18 (1955–2025) DE 16 (1963–2024) AL 15 (1975–2014) WI 15 (1964–2026) MS 14 (1981–2014) KY 12 (1963–2025) CO 11 (1977–2026) SD 9 (1995–2025) NM 7 (1971–2014) AZ 5 (1967–2001) NJ 4 (1974–2017) WA 4 (1983–1996) MA 4 (1995–2015) DC 4 (1992–2010) IN 4 (1968–2010) MI 4 (1961–2002) IA 4 (1974–2018) MT 3 (1972–2009) VT 3 (1964–2024) IL 3 (1992–1996) OR 3 (1963–2008) SC 3 (1984–1994) TN 2 (1986–2006) ND 2 (1994–2021) ME 2 (1993–2023) OK 2 (1981–1986) AK 2 (1979–2009) WV 2 (1987–1998) MN 2 (1989–1996) WY 2 (1980–2025)

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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