Mississippi Code
Miss. Code Ann. § 33-15-21 (2026)
Immunity
✓ current as of July 2026
- (a) Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while complying with or attempting to comply with this article or any rule or regulation promulgated pursuant to the provisions of this article, shall be liable for the death of or any injury to persons, or damage to property, as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article, or under the workmen's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.
- (b) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons or providing assistance to persons during or in recovery from an actual, impending, mock or practice attack or any man-made, technological or natural disaster, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises by virtue of its use for emergency management purposes, or loss of, or damage to, the property of such person.
Codes, 1942, § 8610-11; Laws, 1952, ch. 312, § 11; Laws, 1980, ch. 491, § 11, eff. 5/9/1980.
Notes of Decisions
Cited in 6
cases, 2008–2020 · leading case: In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 668 F.3d 281 (5th Cir. 2012).
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 668 F.3d 281 (5th Cir. 2012). “Miss.Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
Parsons v. Miss. State Port Auth. at Gulfport, 996 So. 2d 165 (Miss. Ct. App. 2008). “MDA were government agencies, but held that the MPA and MDA were immune under the emergency management exception of the MEML, which reads in relevant part: (a) Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful…”
Frank Ecker v. United States, 358 F. App'x 551 (5th Cir. 2009). “Miss.Code Ann. § 33-15-21(a) provides: Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while…”
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 719 F. Supp. 2d 677 (E.D. La. 2010). “Mississippi Plaintiffs argue that the objective of Miss. Code Ann. § 33-15-21 (b) is not furthered by limiting the liability of FEMA.”
In Re: Fema Trailer (5th Cir. 2012). “Miss. Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
Mississippi Dep't of Transp. v. Kenneth Musgrove & Latasha Musgrove, Individually (Miss. 2020). “Miss. Code Ann. § 33-15-21 (a) (Rev. 2010).”
— Miss. Code Ann. § 33-15-21(a) — 5 cases
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 668 F.3d 281 (5th Cir. 2012). “Miss.Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
Parsons v. Miss. State Port Auth. at Gulfport, 996 So. 2d 165 (Miss. Ct. App. 2008). “MDA were government agencies, but held that the MPA and MDA were immune under the emergency management exception of the MEML, which reads in relevant part: (a) Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful…”
Frank Ecker v. United States, 358 F. App'x 551 (5th Cir. 2009). “Miss.Code Ann. § 33-15-21(a) provides: Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while…”
In Re: Fema Trailer (5th Cir. 2012). “Miss. Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 719 F. Supp. 2d 677 (E.D. La. 2010). “Mississippi Plaintiffs argue that the objective of Miss. Code Ann. § 33-15-21 (b) is not furthered by limiting the liability of FEMA.”
— Miss. Code Ann. § 33-15-21(b) — 3 cases
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 668 F.3d 281 (5th Cir. 2012). “Miss.Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 719 F. Supp. 2d 677 (E.D. La. 2010). “Mississippi Plaintiffs argue that the objective of Miss. Code Ann. § 33-15-21 (b) is not furthered by limiting the liability of FEMA.”
In Re: Fema Trailer (5th Cir. 2012). “Miss. Code § 33-15-21 (emphasis added). Similarly, Alabama law provides: Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any…”
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