Occupants of vehicle and wrongful death beneficiaries filed personal injury suit against city, stemming from incident in which fleeing suspect collided with plaintiffs’ vehicle following police chase. The Circuit Court found in favor of plaintiffs. City appealed. The Court of Appeals reversed and remanded. Plaintiffs petitioned for writ of certiorari, which was granted.
The Supreme Court of Mississippi held that:
- Officer’s initiation of pursuit did not violate police department’s policy governing pursuits;
- Officer’s continuing pursuit of suspect constituted violation of department’s policy;
- Officer failed to take sufficient steps required to communicate that pursuit had ended;
- Substantial evidence supported finding that officer pursued suspect at speed well above speed limit;
- Neighborhood in which pursuit occurred weighed in favor of determination that officer pursued suspect in reckless disregard of safety of others; and
- Officer’s conduct in pursuing fleeing suspect evinced reckless disregard for public under totality of the circumstances.