- (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:
- (a) Arising out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
- (b) Arising out of any act or omission of an employee of a governmental entity exercising ordinary care in reliance upon, or in the execution or performance of, or in the failure to execute or perform, a statute, ordinance or regulation, whether or not the statute, ordinance or regulation be valid;
- (c) Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury;
- (d) Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused;
- (e) Arising out of an injury caused by adopting or failing to adopt a statute, ordinance or regulation;
- (f) Which is limited or barred by the provisions of any other law;
- (g) Arising out of the exercise of discretion in determining whether or not to seek or provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
- (h) Arising out of the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend or revoke any privilege, ticket, pass, permit, license, certificate, approval, order or similar authorization where the governmental entity or its employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked unless such issuance, denial, suspension or revocation, or failure or refusal thereof, is of a malicious or arbitrary and capricious nature;
- (i) Arising out of the assessment or collection of any tax or fee;
- (j) Arising out of the detention of any goods or merchandise by any law enforcement officer, unless such detention is of a malicious or arbitrary and capricious nature;
- (k) Arising out of the imposition or establishment of a quarantine, whether such quarantine relates to persons or property;
- (l) Of any claimant who is an employee of a governmental entity and whose injury is covered by the Workers' Compensation Law of this state by benefits furnished by the governmental entity by which he is employed;
- (m) Of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution, regardless of whether such claimant is or is not an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution when the claim is filed;
- (n) Arising out of any work performed by a person convicted of a crime when the work is performed pursuant to any sentence or order of any court or pursuant to laws of the State of Mississippi authorizing or requiring such work;
- (o) Under circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability, including, but not limited to, any claim based on activities of the Mississippi National Guard when such claim is cognizable under the National Guard Tort Claims Act of the United States, 32 USCS 715, or when such claim accrues as a result of active federal service or state service at the call of the Governor for quelling riots and civil disturbances;
- (p) Arising out of a plan or design for construction or improvements to public property, including, but not limited to, public buildings, highways, roads, streets, bridges, levees, dikes, dams, impoundments, drainage channels, diversion channels, harbors, ports, wharfs or docks, where such plan or design has been approved in advance of the construction or improvement by the legislative body or governing authority of a governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval, and where such plan or design is in conformity with engineering or design standards in effect at the time of preparation of the plan or design;
- (q) Arising out of an injury caused solely by the effect of weather conditions on the use of streets and highways;
- (r) Arising out of the lack of adequate personnel or facilities at a state hospital or state corrections facility if reasonable use of available appropriations has been made to provide such personnel or facilities;
- (s) Arising out of loss, damage or destruction of property of a patient or inmate of a state institution;
- (t) Arising out of any loss of benefits or compensation due under a program of public assistance or public welfare;
- (u) Arising out of or resulting from riots, unlawful assemblies, unlawful public demonstrations, mob violence or civil disturbances;
- (v) Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care;
- (w) Arising out of the absence, condition, malfunction or removal by third parties of any sign, signal, warning device, illumination device, guardrail or median barrier, unless the absence, condition, malfunction or removal is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice;
- (x) Arising out of the administration of corporal punishment or the taking of any action to maintain control and discipline of students, as defined in Section 37-11-57, by a teacher, assistant teacher, principal or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety; or
- (y) Arising out of the construction, maintenance or operation of any highway, bridge or roadway project entered into by the Mississippi Transportation Commission or other governmental entity and a company under the provisions of Section 65-43-1 or 65-43-3, where the act or omission occurs during the term of any such contract.
- (2) A governmental entity shall also not be liable for any claim where the governmental entity:
- (a) Is inactive and dormant;
- (c) Has no employees; and
- (3) If a governmental entity exempt from liability by subsection (2) becomes active, receives income, hires employees or acquires any property, such governmental entity shall no longer be exempt from liability as provided in subsection (2) and shall be subject to the provisions of this chapter.
Laws, 1984, ch. 495, § 6; reenacted without change, 1985, ch. 474, § 5; Laws, 1987, ch. 483, § 5; Laws, 1993, ch. 476, § 4; Laws, 1994, ch. 334, § 1; Laws, 1995, ch. 483, § 1; Laws, 1996, ch. 538, § 1; Laws, 1997, ch. 512, § 2; Laws, 2007, ch. 582, § 21, eff. 7/18/2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Brought forward by Laws, 2016, ch. 367, HB 1119, 3, eff. 7/1/2016.
Notes of Decisions
Covington Cnty. Sch. Dist. v. Magee, 29 So. 3d 1 (Miss. 2010).
· cites it 68× “Miss.Code Ann. § 11-46-9 (Rev.2002). Mississippi Code Annotated Section 11-46-9 states, in pertinent part: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999).
· cites it 49× “Miss.Code Ann. 11-46-9 (Supp.1998). Consequently, if this Court finds the school district's acts or omissions fall under the subsections of § 11-46-9, then the school district would be exempt from liability.”
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
· cites it 26× “The trial court, citing Miss.Code Ann. § 11-46-9(1)(a), [8] also noted that immunity is to be granted for claims arising out of judicial actions and inactions as well as administrative actions or inactions which are of a judicial nature.”
Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007).
· cites it 41× “Code Section 11-46-9"); Pearl River Valley Water Supply Dist.”
Wallace v. Town of Raleigh, 815 So. 2d 1203 (Miss. 2002).
· cites it 24× “The statute at issue is Miss.Code Ann. § 11-46-9 (Supp.2001) which states in part as follows: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Little v. Mississippi Dep't of Transp., 129 So. 3d 132 (Miss. 2013).
· cites it 22× “Little asserts that the Court of Appeals erred in applying the immunity provisions of the MTCA found in Section 11-46-9. He also asserts that the courts’ longstanding and consistent application of those immunity provisions is erroneous and should be overturned because, in his…”
City of Jackson v. Powell, 917 So. 2d 59 (Miss. 2005).
· cites it 24× “The city also argues that it is immune from liability under § 11-46-9(1)(c) because the trial judge failed to make a finding that the officers acted in "reckless disregard" of Powell's safety and well-being at the time of his injury.”
Harris Ex Rel. Harris v. McCray, 867 So. 2d 188 (Miss. 2003).
· cites it 30× “Since Coach McCray's actions and duties in coaching his football team were clearly discretionary, then, under Miss. Code Ann. § 11-46-9 (1)(d), our inquiry ends without any discussion about whether Coach McCray exercised ordinary care and without any imposition of potential…”
Miss. Code Ann. § 11-46-9(1): 72 cases
Little v. Mississippi Dep't of Transp., 129 So. 3d 132 (Miss. 2013).
“Little asserts that the Court of Appeals erred in applying the immunity provisions of the MTCA found in Section 11-46-9. He also asserts that the courts’ longstanding and consistent application of those immunity provisions is erroneous and should be overturned because, in his…”
Miss. Code Ann. § 11-46-9(1)(1): 2 cases
Miss. Code Ann. § 11-46-9(1)(M): 2 cases
Miss. Code Ann. § 11-46-9(1)(a): 14 cases
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
“The trial court, citing Miss.Code Ann. § 11-46-9(1)(a), [8] also noted that immunity is to be granted for claims arising out of judicial actions and inactions as well as administrative actions or inactions which are of a judicial nature.”
Miss. Code Ann. § 11-46-9(1)(a)(b)(e): 1 case
Miss. Code Ann. § 11-46-9(1)(a)(x): 1 case
Miss. Code Ann. § 11-46-9(1)(b): 31 cases
Covington Cnty. Sch. Dist. v. Magee, 29 So. 3d 1 (Miss. 2010).
“Miss.Code Ann. § 11-46-9 (Rev.2002). Mississippi Code Annotated Section 11-46-9 states, in pertinent part: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999).
“Miss.Code Ann. 11-46-9 (Supp.1998). Consequently, if this Court finds the school district's acts or omissions fall under the subsections of § 11-46-9, then the school district would be exempt from liability.”
Harris Ex Rel. Harris v. McCray, 867 So. 2d 188 (Miss. 2003).
“Since Coach McCray's actions and duties in coaching his football team were clearly discretionary, then, under Miss. Code Ann. § 11-46-9 (1)(d), our inquiry ends without any discussion about whether Coach McCray exercised ordinary care and without any imposition of potential…”
Miss. Code Ann. § 11-46-9(1)(b)(c)(d): 1 case
Miss. Code Ann. § 11-46-9(1)(c): 111 cases
City of Jackson v. Powell, 917 So. 2d 59 (Miss. 2005).
“The city also argues that it is immune from liability under § 11-46-9(1)(c) because the trial judge failed to make a finding that the officers acted in "reckless disregard" of Powell's safety and well-being at the time of his injury.”
Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007).
“Code Section 11-46-9"); Pearl River Valley Water Supply Dist.”
Miss. Code Ann. § 11-46-9(1)(d): 109 cases
Covington Cnty. Sch. Dist. v. Magee, 29 So. 3d 1 (Miss. 2010).
“Miss.Code Ann. § 11-46-9 (Rev.2002). Mississippi Code Annotated Section 11-46-9 states, in pertinent part: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
“The trial court, citing Miss.Code Ann. § 11-46-9(1)(a), [8] also noted that immunity is to be granted for claims arising out of judicial actions and inactions as well as administrative actions or inactions which are of a judicial nature.”
Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999).
“Miss.Code Ann. 11-46-9 (Supp.1998). Consequently, if this Court finds the school district's acts or omissions fall under the subsections of § 11-46-9, then the school district would be exempt from liability.”
Miss. Code Ann. § 11-46-9(1)(d)(g)(v): 1 case
Miss. Code Ann. § 11-46-9(1)(d)(p): 1 case
Miss. Code Ann. § 11-46-9(1)(e): 2 cases
Miss. Code Ann. § 11-46-9(1)(f): 1 case
Miss. Code Ann. § 11-46-9(1)(g): 7 cases
Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So. 2d 1234 (Miss. 1999).
“Miss.Code Ann. 11-46-9 (Supp.1998). Consequently, if this Court finds the school district's acts or omissions fall under the subsections of § 11-46-9, then the school district would be exempt from liability.”
Miss. Code Ann. § 11-46-9(1)(h): 7 cases
Miss. Code Ann. § 11-46-9(1)(i): 2 cases
Miss. Code Ann. § 11-46-9(1)(l): 3 cases
Miss. Code Ann. § 11-46-9(1)(m): 37 cases
Wallace v. Town of Raleigh, 815 So. 2d 1203 (Miss. 2002).
“The statute at issue is Miss.Code Ann. § 11-46-9 (Supp.2001) which states in part as follows: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Miss. Code Ann. § 11-46-9(1)(n): 3 cases
Wallace v. Town of Raleigh, 815 So. 2d 1203 (Miss. 2002).
“The statute at issue is Miss.Code Ann. § 11-46-9 (Supp.2001) which states in part as follows: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: .”
Miss. Code Ann. § 11-46-9(1)(p): 5 cases
Miss. Code Ann. § 11-46-9(1)(q): 12 cases
Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007).
“Code Section 11-46-9"); Pearl River Valley Water Supply Dist.”
Miss. Code Ann. § 11-46-9(1)(u): 1 case
Miss. Code Ann. § 11-46-9(1)(v): 44 cases
Miss. Code Ann. § 11-46-9(1)(v)(w): 1 case
Miss. Code Ann. § 11-46-9(1)(w): 9 cases
Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007).
“Code Section 11-46-9"); Pearl River Valley Water Supply Dist.”
Miss. Code Ann. § 11-46-9(1)(x): 6 cases
Miss. Code Ann. § 11-46-9(2): 2 cases
Miss. Code Ann. § 11-46-9(a)(b): 1 case
Miss. Code Ann. § 11-46-9(b): 3 cases
Miss. Code Ann. § 11-46-9(c): 13 cases
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
“The trial court, citing Miss.Code Ann. § 11-46-9(1)(a), [8] also noted that immunity is to be granted for claims arising out of judicial actions and inactions as well as administrative actions or inactions which are of a judicial nature.”
Miss. Code Ann. § 11-46-9(c)(d): 1 case
Miss. Code Ann. § 11-46-9(d): 13 cases
Miss. Code Ann. § 11-46-9(d)(1): 2 cases
Miss. Code Ann. § 11-46-9(d)(1972): 1 case
Miss. Code Ann. § 11-46-9(d)(p): 1 case
Miss. Code Ann. § 11-46-9(h): 1 case
Miss. Code Ann. § 11-46-9(i)(h): 1 case
Miss. Code Ann. § 11-46-9(l)(a): 2 cases
Miss. Code Ann. § 11-46-9(l)(b): 3 cases
Miss. Code Ann. § 11-46-9(l)(c): 7 cases
Miss. Code Ann. § 11-46-9(l)(d): 28 cases
Little v. Mississippi Dep't of Transp., 129 So. 3d 132 (Miss. 2013).
“Little asserts that the Court of Appeals erred in applying the immunity provisions of the MTCA found in Section 11-46-9. He also asserts that the courts’ longstanding and consistent application of those immunity provisions is erroneous and should be overturned because, in his…”
Miss. Code Ann. § 11-46-9(l)(e): 2 cases
Miss. Code Ann. § 11-46-9(l)(g): 1 case
Miss. Code Ann. § 11-46-9(l)(m): 7 cases
Miss. Code Ann. § 11-46-9(l)(p): 1 case
Miss. Code Ann. § 11-46-9(l)(v): 8 cases
Miss. Code Ann. § 11-46-9(l)(w): 1 case
Miss. Code Ann. § 11-46-9(m): 4 cases
Miss. Code Ann. § 11-46-9(p)(v): 3 cases
Miss. Code Ann. § 11-46-9(v): 7 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.