Mississippi Code
Miss. Code Ann. § 11-46-3 (2026)
Declaration of legislative intent
✓ current as of July 2026
- (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact and reenact that the "state" and its "political subdivisions," as such terms are defined in Section 11-46-1, are not now, have never been and shall not be liable, and are, always have been and shall continue to be immune from suit at law or in equity on account of any wrongful or tortious act or omission or breach of implied term or condition of any warranty or contract, including but not limited to libel, slander or defamation, by the state or its political subdivisions, or any such act, omission or breach by any employee of the state or its political subdivisions, notwithstanding that any such act, omission or breach constitutes or may be considered as the exercise or failure to exercise any duty, obligation or function of a governmental, proprietary, discretionary or ministerial nature and notwithstanding that such act, omission or breach may or may not arise out of any activity, transaction or service for which any fee, charge, cost or other consideration was received or expected to be received in exchange therefor.
- (2) The immunity of the state and its political subdivisions recognized and reenacted herein is and always has been the law in this state, before and after November 10, 1982, and before and after July 1, 1984, and is and has been in full force and effect in this state except only in the case of rights which, prior to the date of final passage hereof, have become vested by final judgment of a court of competent jurisdiction or by the express terms of any written contract or other instrument in writing.
Laws, 1984, ch. 495, § 2; reenacted and amended, Laws, 1985, ch. 474, § 2; reenacted and amended, Laws, 1986, ch. 438, § 1; Laws, 1987, ch. 483, § 1; Laws, 1988, ch. 442, § 1; Laws, 1989, ch. 537, § 1; Laws, 1990, ch. 518, § 1; Laws, 1991, ch. 618, § 1; Laws, 1992, ch. 491 § 3; Laws, 1992 Special Session, ch. 3, § 1; Laws, 1993, ch. 476, § 2, eff. 4/1/1993.
Notes of Decisions
Cited in 155
cases (30 in the last 5 years), 1985–2026 · leading case: Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999).
Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999). “In its order, the trial court noted that the accident occurred in the time period between the enactment of Miss.Code Ann. § 11-46-3 (Supp.1999) on April 1, 1993, and the waiver of immunity as to political subdivisions on October 1, 1993, pursuant to Miss.”
Ernest T. Jones v. Mississippi Institutions of Higher Learning, 264 So. 3d 9 (Miss. Ct. App. 2018). “" Miss. Code Ann. § 11-46-3 (1) (Rev. 2012) (emphasis added).”
William T. Kelly v. Corinth Pub. Utils. Comm'n, 200 So. 3d 1107 (Miss. Ct. App. 2016). “Miss. Code Ann. § 11-46-3 (1) (Supp. 2015) (emphasis added); Davis v.”
City of Jackson v. Est. of Stewart Ex Rel. Womack, 908 So. 2d 703 (Miss. 2005). “Stewart's injuries: The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact and reenact that the "state" and its "political subdivisions," as such terms are defined in Section 11-46-1, are not now,…”
Chamberlin v. City of Hernando, 716 So. 2d 596 (Miss. 1998). “Miss. Code Ann. § 11-46-3 (1) (Supp. 1997) provides that: (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact and reenact that the "state" and its "political subdivisions," as such terms are…”
Gressett v. Newton Separate Mun. Sch. Dist., 697 So. 2d 444 (Miss. 1997). “§ 11-46-3 provides that: (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact, and reenact that the "state" and its "political subdivisions," as such terms are defined in Section 11-46-1, are…”
Mosby v. Moore, 716 So. 2d 551 (Miss. 1998). “It also amended Miss. Code Ann. § 11-46-3 to provide: (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare that, except as provided in subsection (2) of this section, from and after the passage of House Bill No.”
Fortune v. Lee Cnty. Bd. of Sup'rs, 725 So. 2d 747 (Miss. 1998). “Miss.Code Ann. § 11-46-3 (Supp. 1997), as amended effective April 1, 1993, provides for the immunity of the state and its subdivisions as follows: (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide,…”
Jones v. Baptist Mem'l Hosp.-golden, 735 So. 2d 993 (Miss. 1999). “1998), we found the lower court correctly applied Miss.Code Ann. § 11-46-3 (1992) in a suit against the city of Oxford and Oxford police officers.”
1704 21ST AVENUE, LTD. v. City of Gulfport, 988 So. 2d 412 (Miss. Ct. App. 2008). “Section 11-46-5 provides that even though immunity is granted under section 11-46-3, this immunity is waived for "claims for money damages arising out of the torts of such governmental entities and the torts of their employees while acting within the course and scope of their…”
Stewart Ex Rel. Womack v. City of Jackson, 804 So. 2d 1041 (Miss. 2002). “The City of Jackson claims that it cannot be held liable for breach under any theory of contract and can only be held liable in this case under the MTCA, relying on Miss.Code Ann. § 11-46-3(1) (Supp.2001): [T]he `state' and its `political subdivisions'.”
City of Jackson v. Internal Engine Parts Grp., Inc., 903 So. 2d 60 (Miss. 2005). “The City's motion did not assert that the judgment referenced law that was no longer applicable and did not raise any issues under § 11-46-9(1)(v) or § 11-46-3. The City did not present this issue to the trial court in its motion for amendment or for new trial.”
— Miss. Code Ann. § 11-46-3(1) — 35 cases
Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999). “In its order, the trial court noted that the accident occurred in the time period between the enactment of Miss.Code Ann. § 11-46-3 (Supp.1999) on April 1, 1993, and the waiver of immunity as to political subdivisions on October 1, 1993, pursuant to Miss.”
Stewart Ex Rel. Womack v. City of Jackson, 804 So. 2d 1041 (Miss. 2002). “The City of Jackson claims that it cannot be held liable for breach under any theory of contract and can only be held liable in this case under the MTCA, relying on Miss.Code Ann. § 11-46-3(1) (Supp.2001): [T]he `state' and its `political subdivisions'.”
1704 21ST AVENUE, LTD. v. City of Gulfport, 988 So. 2d 412 (Miss. Ct. App. 2008). “Section 11-46-5 provides that even though immunity is granted under section 11-46-3, this immunity is waived for "claims for money damages arising out of the torts of such governmental entities and the torts of their employees while acting within the course and scope of their…”
Covington Cnty. Sch. Dist. v. Magee, 29 So. 3d 1 (Miss. 2010).
William T. Kelly v. Corinth Pub. Utils. Comm'n, 200 So. 3d 1107 (Miss. Ct. App. 2016). “Miss. Code Ann. § 11-46-3 (1) (Supp. 2015) (emphasis added); Davis v.”
— Miss. Code Ann. § 11-46-3(1)(1997) — 1 case
City of Jackson v. Est. of Stewart Ex Rel. Womack, 908 So. 2d 703 (Miss. 2005). “Stewart's injuries: The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide, enact and reenact that the "state" and its "political subdivisions," as such terms are defined in Section 11-46-1, are not now,…”
— Miss. Code Ann. § 11-46-3(2) — 6 cases
Mississippi Dep't of Mental Health v. Shaw, 45 So. 3d 656 (Miss. 2010).
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999).
Fortune v. Lee Cnty. Bd. of Sup'rs, 725 So. 2d 747 (Miss. 1998). “Miss.Code Ann. § 11-46-3 (Supp. 1997), as amended effective April 1, 1993, provides for the immunity of the state and its subdivisions as follows: (1) The Legislature of the State of Mississippi finds and determines as a matter of public policy and does hereby declare, provide,…”
Quinn v. Mississippi State Univ., 720 So. 2d 843 (Miss. 1998).
Rhonda J. Smith v. Mississippi Transp. Comm'n (Miss. 2020).
— Miss. Code Ann. § 11-46-3(3) — 4 cases
Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999). “In its order, the trial court noted that the accident occurred in the time period between the enactment of Miss.Code Ann. § 11-46-3 (Supp.1999) on April 1, 1993, and the waiver of immunity as to political subdivisions on October 1, 1993, pursuant to Miss.”
City of Jackson v. Internal Engine Parts Grp., Inc., 903 So. 2d 60 (Miss. 2005). “The City's motion did not assert that the judgment referenced law that was no longer applicable and did not raise any issues under § 11-46-9(1)(v) or § 11-46-3. The City did not present this issue to the trial court in its motion for amendment or for new trial.”
City of Jackson v. Brown, 729 So. 2d 1231 (Miss. 1998).
Nancy Gale v. Nathaniel Thomas (Miss. 1998).
— Miss. Code Ann. § 11-46-3(c) — 2 cases
City of Jackson v. Internal Engine Parts Grp., Inc., 903 So. 2d 60 (Miss. 2005). “The City's motion did not assert that the judgment referenced law that was no longer applicable and did not raise any issues under § 11-46-9(1)(v) or § 11-46-3. The City did not present this issue to the trial court in its motion for amendment or for new trial.”
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