Arrestee filed a complaint against city after he was arrested for discharging a firearm.
City filed a motion to dismiss. The Circuit Court denied the motion. City filed an interlocutory appeal.
The Supreme Court of Mississippi held that arrestee’s allegation that city police officers acted with complete disregard to arrestee’s rights, thereby injuring him, when they placed him under arrest for discharging a firearm within city limits was sufficient to state a claim against city for gross negligence.
Arrestee’s allegation that city police officers acted with complete disregard to arrestee’s rights, thereby injuring him, when they placed him under arrest for discharging a firearm within city limits, even though arrestee discharged his firearm to avoid being attacked by neighbor’s dog, was sufficient to state a claim against city for gross negligence.