statutory law governing sovereign immunity (Mississippi) · Go Syfert
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statutory law governing sovereign immunity in Mississippi

11 Mississippi opinions name it 1 courts 1988–1999 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 (2)

CaseFollowedCited
White v. City of Tupelogreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1991–1991
2 sentences

1991Whether a municipality enjoys sovereign immunity under pre- Pruett law depends upon whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary or corporate function. "[T]here can be no recovery against a municipality based on negligence in the exercise of functions which are essentially governmental in character; however, when acting in a private or a proprietary capacity, it is liable in tort the same as private corporations." White v. City of Tupelo, 462 So.2d 707, 708 (Miss. 1984) [quoting Nathaniel v. City of Moss Point, 385 So.2d 59

1991Whether a municipality enjoys sovereign immunity under pre- Pruett law depends upon whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary or corporate function. "[T]here can be no recovery against a municipality based on negligence in the exercise of functions which are essentially governmental in character; however, when acting in a private or a proprietary capacity, it is liable in tort the same as private corporations." White v. City of Tupelo, 462 So.2d 707 , 708 (Miss. 1984) [quoting Nathaniel v. City of Moss Point, 385 So.2d 5

11
Nathaniel v. City of Moss Pointgreen
miss · 1980 · cited in 1 Mississippi opinions naming this issue, 1991–1991
2 sentences

1991Whether a municipality enjoys sovereign immunity under pre- Pruett law depends upon whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary or corporate function. "[T]here can be no recovery against a municipality based on negligence in the exercise of functions which are essentially governmental in character; however, when acting in a private or a proprietary capacity, it is liable in tort the same as private corporations." White v. City of Tupelo, 462 So.2d 707, 708 (Miss. 1984) [quoting Nathaniel v. City of Moss Point, 385 So.2d 59

1991Whether a municipality enjoys sovereign immunity under pre- Pruett law depends upon whether the alleged conduct occurred in the exercise of a governmental function or in the exercise of a proprietary or corporate function. "[T]here can be no recovery against a municipality based on negligence in the exercise of functions which are essentially governmental in character; however, when acting in a private or a proprietary capacity, it is liable in tort the same as private corporations." White v. City of Tupelo, 462 So.2d 707 , 708 (Miss. 1984) [quoting Nathaniel v. City of Moss Point, 385 So.2d 5

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 (1)

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

1999Claims or causes of action arising from acts or omissions occurring prior to July 1, 1988, as to the state, or prior to October 1, 1988, as to political subdivisions, shall not be affected by this chapter but shall continued to be governed by the case law governing sovereign immunity as it existed immediately prior to the decision in the Pruett v. City of Rosedale, 421 So.2d 1046 , and by the statutory law governing sovereign immunity in effect from and after the passage of Chapter 474, Laws of 1985. ¶ 61.

1998Claims or causes of action arising from acts or omissions occurring prior to July 1, 1988, as to the state, or prior to October 1, 1988, as to political subdivisions, shall not be affected by this chapter but shall continued to be governed by the case law governing sovereign immunity as it existed immediately prior to the decision in the Pruett v. City of Rosedale, 421 So.2d 1046 , and by the statutory law governing sovereign immunity in effect from and after the passage of Chapter 474, Laws of 1985. ¶61.

111988–1999

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-6 (11) MS § Miss. Code Ann. § 11-46-1 (7) MS § Miss. Code Ann. § 11-46-9 (5) MS § Miss. Code Ann. § 11-46-3 (4) MS § Miss. Code Ann. § 21-15-6 (4) MS § Miss. Code Ann. § 19-7-8 (3) MS § Miss. Code Ann. § 49-1-60 (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.

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