The marshal or chief of police shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality. The marshal or chief of police shall be an ex officio constable within the boundaries of the municipality, and he shall perform such other duties as shall be required of him by proper ordinance. Before performing any of the duties of his office, the marshal or chief of police shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the municipal governing authority (which shall be not less than Fifty Thousand Dollars ($50,000.00)). The premium upon said bond shall be paid from the municipal treasury. If any marshal or chief of police shall fail to perform any of the duties of his office, it shall be the duty of the district attorney or county attorney upon receiving notice thereof to immediately file quo warranto proceedings against such official.
The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflict between the provisions of this section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which case of conflict the provisions of the special charter or the statutes relative to the commission form of government shall control.
Codes, 1892, § 2997; 1906, § 3394; Hemingway's 1917, § 5922; 1930, § 2531; 1942, §§ 3374-100, 3374-111; Laws, 1950, chs. 505, 491, §§ 100, 111; Laws, 1952, ch. 364, § 1; Laws, 1986, ch. 458, § 31; Laws, 1988, ch. 488, § 9, eff. 4/30/1988.
Notes of Decisions
Anthony Gibson v. Jeffrey Kilpatrick, 773 F.3d 661 (5th Cir. 2014).
· cites it 2× “Miss.Code Ann. § 21-21-1. While we cannot, and do not, rely on official job descriptions, even statutory ones, in applying Garcetti’s rale, they can be instructive.”
Delker v. State, 50 So. 3d 300 (Miss. 2010).
· cites it 2× “Chief Langston testified that he had been unaware that Old Country Club Road was outside his jurisdiction until shortly before the hearing on the motion to suppress, when a county road crew correctly informed him that the road was outside his jurisdiction.”
Anthony Gibson v. Jeffrey Kilpatrick, 734 F.3d 395 (5th Cir. 2013).
“Gibson was the “chief law enforcement officer,” see Miss.Code Ann. § 21-21-1, and according to the district court’s findings of fact, the only entities to which he could have reported within the chain of command were Kilpatrick and the Board.”
Peters v. City of Biloxi, Mississippi, 57 F. Supp. 2d 366 (S.D. Miss. 1999).
“It should be noted that under Mississippi law, the chief of police is the chief law enforcement officer of a municipality and has "control and supervision of all police officers employed by said municipality.”
Lester v. City of Rosedale, Miss., 757 F. Supp. 741 (N.D. Miss. 1991).
“” Miss.Code Ann. § 21-21-1 (1990). Although another code provision arguably places the authority to enact police regula *746 tions in the city council, 11 the court is of the opinion that Chief Arbuckle was a “policymaker” with regard to the specific decision to use mace in the…”
James Robert Delker v. State of Mississippi (Miss. 2007).
· cites it 2× “chief of police shall be an ex officio constable within the boundaries of the municipality” and “shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality”). Chief Langston testified…”
Anthony Gibson v. Jeffrey Kilpatrick (5th Cir. 2015).
· cites it 2× “Miss. Code Ann. § 21-21-1 . While we cannot, and do not, rely on official job descriptions, even statutory ones, in applying Garcetti’s rule, they can be instructive.”
Handshaw v. Biloxi Police Dep't (S.D. Miss. 2020).
“§ 21-17-1 (1) (municipalities are distinct legal entities); Miss. Code Ann. § 21-21-1 , et seq. (municipalities may create and fund police departments); see also Brown v.”
McDonald v. City of Meridian Police Dep't (S.D. Miss. 2020).
“§ 21-17-1 (1) (municipalities are distinct legal entities); Miss. Code Ann. § 21-21-1 (municipalities may create and fund police departments); see also Brown v.”
Anthony Gibson v. Jeffrey Kilpatrick (5th Cir. 2013).
“Gibson was the “chief law enforcement officer,” see Miss. Code Ann. § 21-21-1 , and according to the district court’s findings of fact, the only entities to which he could have reported within the chain of command were Kilpatrick and the Board.”
Annotations are extracted automatically from the opinions in the
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