Mississippi Code
Miss. Code Ann. § 11-46-6 (2026)
[Repealed]
✓ current as of July 2026
Repealed by Laws of 1992 Special Session, ch. 3, § 2, eff. 9/16/1992.
Laws, 1987, ch. 483, § 3; Laws, 1988, ch. 442, § 3; Laws, 1989, ch. 537, § 3; Laws, 1990, ch. 518, § 3; Laws, 1991, ch. 618, § 3; Laws, 1992, ch. 491, § 5.
Notes of Decisions
Cited in 58
cases, 1988–2009 · leading case: Presley v. Mississippi State Hwy. Com'n, 608 So. 2d 1288 (Miss. 1992).
Presley v. Mississippi State Hwy. Com'n, 608 So. 2d 1288 (Miss. 1992). “Miss. Code Ann. § 11-46-6 (Supp. 1981). We are only concerned here with the mandate of the statute requiring courts, in deciding sovereign immunity questions, to be governed by case law in effect as it existed immediately prior to our decision in Pruett .”
Morgan v. City of Ruleville, 627 So. 2d 275 (Miss. 1993). “At the time, the law concerning sovereign immunity was governed by Miss. Code Ann. § 11-46-6 (Supp. 1987): Section 4.”
Mohundro v. Alcorn Cnty., 675 So. 2d 848 (Miss. 1996). “UNCONSTITUTIONAL? The Mohundros attack the constitutionality of Miss. Code Ann. § 11-46-6 , et seq. (Supp.”
Churchill v. Pearl River Basin Dev. Dist., 619 So. 2d 900 (Miss. 1993). “In Presley , Part I, this Court held Miss. Code Ann. § 11-46-6 unconstitutional.”
Gale v. Thomas, 759 So. 2d 1150 (Miss. 1999). “1992), this Court held that § 11-46-6 was unconstitutional in that it purported to revive law by reference.”
Jackson v. Daley, 739 So. 2d 1031 (Miss. 1999). “However, Miss.Code Ann. § 11-46-6 stated that the Act was not yet effective and that the common law that existed before Pruett would govern until the act became effective.”
Gressett v. Newton Separate Mun. Sch. Dist., 697 So. 2d 444 (Miss. 1997). “1982), but said judicial sovereign immunity was replaced by a legislative immunity set forth in Miss. Code Ann. § 11-46-6 , which statute purported to continue sovereign immunity as it existed prior to Pruett .”
Chamberlin v. City of Hernando, 716 So. 2d 596 (Miss. 1998). “Section 11-46-3 details the intent of the Legislature that the State and its political subdivisions be immune from liability, and this statute does not contain the language in Miss. Code Ann. § 11-46-6 which served to revive law by reference or pre- Pruett law.”
Webb v. Jackson, 583 So. 2d 946 (Miss. 1991). “The most recent extension of the dates that sovereign immunity will be in effect is found in Miss. Code Ann. § 11-46-6 (Supp. 1990). Sovereign immunity applies to [c]laims or causes of action arising from acts or omissions occurring prior to July 1, 1991, as to the state, or…”
Fortune v. Lee Cnty. Bd. of Sup'rs, 725 So. 2d 747 (Miss. 1998). “While that case was pending, the sovereign immunity statute, Miss.Code Ann. § 11-46-6 (1986), was found to be unconstitutional (but only prospectively) in Presley v.”
Stokes v. Kemper Cnty. Bd. of Sup'rs, 691 So. 2d 391 (Miss. 1997). “1982), but sovereign immunity was replaced by a legislative immunity set forth in Miss. Code Ann. § 11-46-6 , which statute purported to continue sovereign immunity as it existed prior to Pruett .”
Wells v. Panola Cnty. Bd. of Educ., 645 So. 2d 883 (Miss. 1994). “1992), we then found that Miss. Code Ann. § 11-46-6 , the Sovereign Immunity Act, was unconstitutional because it required that courts apply case law as it existed prior to the Pruett decision and further, because it impermissibly revived that law only by reference, in…”
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