Mississippi Code

Miss. Code Ann. § 11-46-1 (2026)

Definitions

✓ current as of July 2026

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As used in this chapter, the following terms shall have the meanings ascribed unless the context otherwise requires:

(a) "Claim" means any demand to recover damages from a governmental entity as compensation for injuries.

(b) "Claimant" means any person seeking compensation under the provisions of this chapter, whether by administrative remedy or through the courts.

(c) "Board" means the Mississippi Tort Claims Board.

(d) "Department" means the Department of Finance and Administration.

(e) "Director" means the executive director of the department who is also the executive director of the board.

(f) "Employee" means any officer, employee or servant of the State of Mississippi or a political subdivision of the state, including elected or appointed officials and persons acting on behalf of the state or a political subdivision in any official capacity, temporarily or permanently, in the service of the state or a political subdivision whether with or without compensation, including firefighters who are members of a volunteer fire department that is a political subdivision. The term "employee" shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the state or a political subdivision; and
- (i) For purposes of the limits of liability provided for in Section 11-46-15, the term "employee" shall include:
  - 1. Physicians under contract to provide health services with the State Board of Health, the State Board of Mental Health or any county or municipal jail facility while rendering services under the contract;
  - 2. Any physician, dentist or other health care practitioner employed by the University of Mississippi Medical Center (UMMC) and its departmental practice plans who is a faculty member and provides health care services only for patients at UMMC or its affiliated practice sites, including any physician or other health care practitioner employed by UMMC under an arrangement with a public or private health-related organization;
  - 3. Any physician, dentist or other health care practitioner employed by any university under the control of the Board of Trustees of State Institutions of Higher Learning who practices only on the campus of any university under the control of the Board of Trustees of State Institutions of Higher Learning;
  - 4. Any physician, dentist or other health care practitioner employed by the State Veterans Affairs Board and who provides health care services for patients for the State Veterans Affairs Board;
- (ii) The term "employee" shall also include Mississippi Department of Child Protection Services licensed foster parents for the limited purposes of coverage under the Tort Claims Act as provided in Section 11-46-8; and
- (iii) The term "employee" also shall include any employee or member of the governing board of a charter school but shall not include any person or entity acting in the capacity of an independent contractor to provide goods or services under a contract with a charter school.

(g) "Governmental entity" means the state and political subdivisions.

(h) "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that is actionable at law or in equity.

(i) "Political subdivision" means any body politic or body corporate other than the state responsible for governmental activities only in geographic areas smaller than that of the state, including, but not limited to, any county, municipality, school district, charter school, volunteer fire department that is a chartered nonprofit corporation providing emergency services under contract with a county or municipality, community hospital as defined in Section 41-13-10, airport authority, or other instrumentality of the state, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.

(j) "State" means the State of Mississippi and any office, department, agency, division, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality thereof, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.

(k) "Law" means all species of law, including, but not limited to, any and all constitutions, statutes, case law, common law, customary law, court order, court rule, court decision, court opinion, court judgment or mandate, administrative rule or regulation, executive order, or principle or rule of equity.

Laws, 1984, ch. 495, § 1; reenacted without change, Laws, 1985, ch. 474, § 1; Laws, 1988, ch. 479, § 2; Laws, 1993, ch. 476, § 1; Laws, 1999, ch. 518, § 1; Laws, 2002, 3rd Ex. Sess., ch. 2, § 2, eff. 1/1/2003.

Amended by Laws, 2023, ch. 516, HB 1149,§ 18, eff. 7/1/2023.

Amended by Laws, 2017, ch. 398, HB 926, 3, eff. 7/1/2017.

Brought forward by Laws, 2016, ch. 367, HB 1119, 2, eff. 7/1/2016.

Amended by Laws, 2013, ch. 497, HB 369, 32, eff. 7/1/2013.

Amended by Laws, 2013, ch. 385, SB 2751, 1, eff. 3/20/2013.

Notes of Decisions

Cited in 550 cases (57 in the last 5 years), 1985–2026 · leading case: Miller v. Meeks, 762 So. 2d 302 (Miss. 2000).

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Miller v. Meeks, 762 So. 2d 302 (Miss. 2000). · cites it 13× “Meeks was an employee of the University of Mississippi Medical Center (hereafter UMMC) and that the applicable statute of limitations had run under the Mississippi Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to -23 (Supp.1999), prior to the filing *304 of the complaint.”

William T. Kelly v. Corinth Pub. Utils. Comm'n, 200 So. 3d 1107 (Miss. Ct. App. 2016). · cites it 14× “Miss. Code Ann. § 11-46-1 (i) (Rev. 2012).”

Watts v. Tsang, 828 So. 2d 785 (Miss. 2002). · cites it 16× “Tsang filed a motion for summary judgment claiming immunity under the Mississippi Tort Claims Act (MTCA), Miss.Code Ann. §§ 11-46-1 to -23 (2002). In August 1998, the circuit court granted summary judgment in favor of Dr.”

Robinson v. Stewart, 655 So. 2d 866 (Miss. 1995). · cites it 14× “*867 This case is a constitutionality challenge to the post- Pruett series of sovereign immunity statutes, Miss. Code Ann. § 11-46-1 , et seq., where the injury occurred before our decision in Presley .”

Davis v. Hoss, 869 So. 2d 397 (Miss. 2004). · cites it 6× “See Miss.Code Ann. §§ 11-46-1 to -23. (2002).”

Duckworth v. Warren, 10 So. 3d 433 (Miss. 2009). · cites it 8× “[2] Duckworth made no effort to file suit under the Mississippi Tort Claims Act (Mississippi Code Sections 11-46-1 to 11-46-19). In fact, in his complaint, Duckworth alleged that "[t]his is a tort action brought under the laws of the State of Mississippi and under the common law…”

Presley v. Mississippi State Hwy. Com'n, 608 So. 2d 1288 (Miss. 1992). · cites it 9× “HAWKINS, Presiding Justice, for the Court: Mable Presley and Charley Earl Presley, administratrix and wrongful death beneficiary, respectively, of Mattie Presley, deceased, have appealed the dismissal of their wrongful death suit against the Mississippi State Highway Commission…”

Little v. Mississippi Dhs, 835 So. 2d 9 (Miss. 2002). · cites it 8× “DHS filed its answer on September 21, 2001, responding that Little had failed to properly perfect service of process; that Little had not complied with statutory formalities of administrative procedures and had not exhausted his administrative remedies; and, that Little had not…”

Brown v. Thompson, 927 So. 2d 733 (Miss. 2006). · cites it 6× “[3] In Section 11-46-1, the definition section of the MTCA, subsection (g) provides "`[g]overnmental entity' means and includes the state and political subdivisions as herein defined.”

Harris Ex Rel. Harris v. McCray, 867 So. 2d 188 (Miss. 2003). · cites it 8× “However, the trial court concluded that the School District was immune from liability under the Mississippi Torts Claims Act (MTCA), Miss.Code Ann. §§ 11-46-1 to -23 (Rev.2002 & Supp.”

Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999). · cites it 8× “The issue before this Court is whether the school district is immune from liability under the sovereign immunity statutes expressed in Miss.Code Ann. §§ 11-46-1 to -23 (Supp.1998), specifically subsections 11-46-9(1)(d) and (1)(g).”

Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). · cites it 8× “The chancery court found that the municipality was liable only for $ 50,000 under the Mississippi Tort Claims Act (MTCA), Miss.Code Ann. §§ 11-46-1 to -23 (Rev.2002 & Supp.”

Show all 550 citing cases →

— Miss. Code Ann. § 11-46-1(1) — 2 cases

Bennett v. Madakasira, 821 So. 2d 794 (Miss. 2002).

Carolyn McGehee v. Robert DePoyster (Miss. 1996).

— Miss. Code Ann. § 11-46-1(I) — 4 cases

Bolivar Leflore Med. All. v. Williams, 938 So. 2d 1222 (Miss. 2006).

Meeks v. Miller, 956 So. 2d 864 (Miss. 2007).

Pigford v. Jackson Pub. Sch. Dist., 910 So. 2d 575 (Miss. Ct. App. 2005).

Bolivar Leflore Med. All., LLP v. Quinton Williams (Miss. 2005).

— Miss. Code Ann. § 11-46-1(a) — 1 case

W. Sur. Co. v. Cook Coggin Engineers, Inc.; Kyle Strong, P.E.; & M. Carrson Neal, P.E. (N.D. Miss. 2026).

— Miss. Code Ann. § 11-46-1(d) — 1 case

State v. Hinds Cnty. Bd. of Sup'rs, 635 So. 2d 839 (Miss. 1994).

— Miss. Code Ann. § 11-46-1(f) — 31 cases

Miller v. Meeks, 762 So. 2d 302 (Miss. 2000). “Meeks was an employee of the University of Mississippi Medical Center (hereafter UMMC) and that the applicable statute of limitations had run under the Mississippi Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to -23 (Supp.1999), prior to the filing *304 of the complaint.”

Owens v. Thomae, 759 So. 2d 1117 (Miss. 1999).

Duckworth v. Warren, 10 So. 3d 433 (Miss. 2009). “[2] Duckworth made no effort to file suit under the Mississippi Tort Claims Act (Mississippi Code Sections 11-46-1 to 11-46-19). In fact, in his complaint, Duckworth alleged that "[t]his is a tort action brought under the laws of the State of Mississippi and under the common law…”

Smith Ex Rel. Selmon v. Braden, 765 So. 2d 546 (Miss. 2000).

Davis v. Hoss, 869 So. 2d 397 (Miss. 2004). “See Miss.Code Ann. §§ 11-46-1 to -23. (2002).”

— Miss. Code Ann. § 11-46-1(g) — 12 cases

Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997 (Miss. 2004).

LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999).

Harris Ex Rel. Harris v. McCray, 867 So. 2d 188 (Miss. 2003). “However, the trial court concluded that the School District was immune from liability under the Mississippi Torts Claims Act (MTCA), Miss.Code Ann. §§ 11-46-1 to -23 (Rev.2002 & Supp.”

Bolivar Leflore Med. All. v. Williams, 938 So. 2d 1222 (Miss. 2006).

Kimball Glassco Residential Ctr., Inc. v. Shanks, 64 So. 3d 941 (Miss. 2011).

— Miss. Code Ann. § 11-46-1(h) — 1 case

W. Sur. Co. v. Cook Coggin Engineers, Inc.; Kyle Strong, P.E.; & M. Carrson Neal, P.E. (N.D. Miss. 2026).

— Miss. Code Ann. § 11-46-1(i) — 38 cases

Brown v. Thompson, 927 So. 2d 733 (Miss. 2006). “[3] In Section 11-46-1, the definition section of the MTCA, subsection (g) provides "`[g]overnmental entity' means and includes the state and political subdivisions as herein defined.”

Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010).

Lawrence Cnty. Sch. Dist. v. Brister, 823 So. 2d 459 (Miss. 2001).

Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997 (Miss. 2004).

Est. of Grimes v. Warrington, 982 So. 2d 365 (Miss. 2008).

— Miss. Code Ann. § 11-46-1(j) — 23 cases

Little v. Mississippi Dhs, 835 So. 2d 9 (Miss. 2002). “DHS filed its answer on September 21, 2001, responding that Little had failed to properly perfect service of process; that Little had not complied with statutory formalities of administrative procedures and had not exhausted his administrative remedies; and, that Little had not…”

Davis v. Hoss, 869 So. 2d 397 (Miss. 2004). “See Miss.Code Ann. §§ 11-46-1 to -23. (2002).”

Harris v. Mississippi Valley State Univ., 873 So. 2d 970 (Miss. 2004).

Mozingo v. Scharf, 828 So. 2d 1246 (Miss. 2002).

Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999).

— Miss. Code Ann. § 11-46-1(w) — 4 cases

Mississippi Dept. of Transp. v. Cargile, 847 So. 2d 258 (Miss. 2003).

Fairley v. George Cnty., 871 So. 2d 713 (Miss. 2004).

Mississippi Dep't of Transp. v. Kenneth Michael Cargile (Miss. 2001).

Evelyn Fairley v. George Cnty., Mississippi (Miss. 2003).

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