Mississippi Code
Miss. Code Ann. § 11-46-5 (2026)
Waiver of immunity; course and scope of employment; presumptions
✓ current as of July 2026
- (1) Notwithstanding the immunity granted in Section 11-46-3, or the provisions of any other law to the contrary, the immunity of the state and its political subdivisions from 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 employment is hereby waived from and after July 1, 1993, as to the state, and from and after October 1, 1993, as to political subdivisions; provided, however, immunity of a governmental entity in any such case shall be waived only to the extent of the maximum amount of liability provided for in Section 11-46-15.
- (2) For the purposes of this chapter an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense other than traffic violations.
- (3) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment, except for actions described in subsection (2) of Section 73-25-33 and subsection (5) of this section.
- (4) Nothing contained in this chapter shall be construed to waive the immunity of the state from suit in federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.
- (5) For purposes of this chapter, an employee shall not be considered as acting within the course and scope of his or her employment and a governmental entity shall be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted a violation of Title 41, Chapter 141, Mississippi Code of 1972.
Laws, 1984, ch. 495, § 3; reenacted and amended, Laws, 1985, ch. 474, § 3; reenacted and amended, Laws, 1986, ch. 438, § 2; Laws, 1987, ch. 483, § 2; Laws, 1988, ch. 442, § 2; Laws, 1989, ch. 537, § 2; Laws, 1990, ch. 518, § 2; Laws, 1991, ch. 618, § 2; Laws, 1992, ch. 491 § 4, eff. 5/12/1992.
Amended by Laws, 2023, ch. 303, HB 1125,§ 13, eff. 2/28/2023.
Notes of Decisions
Cited in 277
cases (79 in the last 5 years), 1985–2026 · leading case: Ernest T. Jones v. Mississippi Institutions of Higher Learning, 264 So. 3d 9 (Miss. Ct. App. 2018).
Ernest T. Jones v. Mississippi Institutions of Higher Learning, 264 So. 3d 9 (Miss. Ct. App. 2018). “2d at 711 (¶ 38) ; see Miss. Code Ann. § 11-46-5 (1) (Rev. 2012) ("Notwithstanding the immunity granted in Section 11-46-3, .”
The Univ. of Mississippi Med. Ctr. v. Enoch Oliver, 235 So. 3d 75 (Miss. 2017). “See Miss. Code Ann. § 11-46-5 (2) (Rev. 2012).”
City of Jackson v. Harris, 44 So. 3d 927 (Miss. 2010). “16 However, Mississippi Code Section 11-46-5 provides that: For the purposes of this chapter an employee shall not be considered as acting within the course and scope his employment and a governmental entity shall not be liable or be considered to have waived immunity for any…”
Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010). “" Miss. Code Ann. § 11-46-5 (1) (Rev.2002).”
Singley v. Smith, 844 So. 2d 448 (Miss. 2003). “This Court has not interpreted the rebuttable presumption of Miss.Code Ann. § 11-46-5; therefore, the issue is one of first impression.”
Webb v. DeSoto Cnty., 843 So. 2d 682 (Miss. 2003). “Webb and Chambers allege a wrongful death claim by beneficiaries and heirs is an independent cause of action and the provisions of Miss.Code Ann. § 11-46-5 are applicable to the facts of this case.”
Samuel Wilcher, Jr. v. Lincoln Cnty. Bd. of Supervisors, 243 So. 3d 177 (Miss. 2018). “]” Miss. Code Ann. § 11-46-5 (Rev. 2012). 4 function immunity.”
Bradley v. Kelley Bros. Contractors, Inc., 117 So. 3d 331 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 11-46-5(2); cf. Roderick v.”
Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999). “1999) on April 1, 1993, and the waiver of immunity as to political subdivisions on October 1, 1993, pursuant to Miss.Code Ann. § 11-46-5 (Supp.1999). The trial judge thus employed the rationale of Gressett to find that because the accident occurred in a time period in which…”
City of Jackson v. Est. of Stewart Ex Rel. Womack, 908 So. 2d 703 (Miss. 2005). “" However, Miss.Code Ann. § 11-46-5 provided a limited waiver of the immunity granted under Section 11-46-3, and it further provides that Miss.”
Gressett v. Newton Separate Mun. Sch. Dist., 697 So. 2d 444 (Miss. 1997). “In spite of the reaffirmance of sovereign immunity in § 11-46-3, the Legislature waived said immunity to a large degree in Miss. Code Ann. § 11-46-5 . Miss. Code Ann.”
Edward Springer v. Ausbern Constr. Co., Inc., 231 So. 3d 1065 (Miss. Ct. App. 2016). “purposes of [the MTCA] an employee shall not be considered as acting within the scope and course of his employment and a governmental entity shall not be liable or considered to have waived immunity for any conduct of its employee if the employee’s conduct constituted .”
— Miss. Code Ann. § 11-46-5(1) — 49 cases
Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010). “" Miss. Code Ann. § 11-46-5 (1) (Rev.2002).”
Mississippi Dep't of Mental Health v. Shaw, 45 So. 3d 656 (Miss. 2010).
The Univ. of Mississippi Med. Ctr. v. Enoch Oliver, 235 So. 3d 75 (Miss. 2017). “See Miss. Code Ann. § 11-46-5 (2) (Rev. 2012).”
Lippincott v. Miss. Bureau of Narcotics, 856 So. 2d 465 (Miss. Ct. App. 2003).
Cockrell v. Pearl River Valley Water Dist., 865 So. 2d 357 (Miss. 2004).
— Miss. Code Ann. § 11-46-5(2) — 48 cases
City of Jackson v. Harris, 44 So. 3d 927 (Miss. 2010). “16 However, Mississippi Code Section 11-46-5 provides that: For the purposes of this chapter an employee shall not be considered as acting within the course and scope his employment and a governmental entity shall not be liable or be considered to have waived immunity for any…”
The Univ. of Mississippi Med. Ctr. v. Enoch Oliver, 235 So. 3d 75 (Miss. 2017). “See Miss. Code Ann. § 11-46-5 (2) (Rev. 2012).”
Bradley v. Kelley Bros. Contractors, Inc., 117 So. 3d 331 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 11-46-5(2); cf. Roderick v.”
Ernest T. Jones v. Mississippi Institutions of Higher Learning, 264 So. 3d 9 (Miss. Ct. App. 2018). “2d at 711 (¶ 38) ; see Miss. Code Ann. § 11-46-5 (1) (Rev. 2012) ("Notwithstanding the immunity granted in Section 11-46-3, .”
Bridges v. Pearl River Valley Water Supply Dist., 793 So. 2d 584 (Miss. 2001).
— Miss. Code Ann. § 11-46-5(3) — 12 cases
Est. of Johnson v. Chatelain, 943 So. 2d 684 (Miss. 2006).
Singley v. Smith, 844 So. 2d 448 (Miss. 2003). “This Court has not interpreted the rebuttable presumption of Miss.Code Ann. § 11-46-5; therefore, the issue is one of first impression.”
Davis v. Hoss, 869 So. 2d 397 (Miss. 2004).
Moore v. Carroll Cnty., Miss., 960 F. Supp. 1084 (N.D. Miss. 1997).
City of Jackson v. Calcote, 910 So. 2d 1103 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 11-46-5(4) — 22 cases
Washington v. Jackson State Univ., 532 F. Supp. 2d 804 (S.D. Miss. 2006).
Carpenter v. Mississippi Valley State Univ., 807 F. Supp. 2d 570 (N.D. Miss. 2011).
Black v. North Panola Sch. Dist., 461 F.3d 584 (5th Cir. 2006).
Brady v. Michelin Reifenwerke, 613 F. Supp. 1076 (S.D. Miss. 1985).
Williams v. Morgan, 710 F. Supp. 1080 (S.D. Miss. 1989).
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