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· 11/10/2005

City of Jackson v. Powell

Citations

  • 917 So. 2d 59
  • 2005 Miss. LEXIS 755
  • 2005 WL 3006686

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “the police may exert physical force in overcoming resistance during an arrest, but they may only use that force which is reasonably necessary to respond to the resistance encountered.”
  • explaining that claims of battery, assault, and intentional infliction of emotional distress “cannot be considered ‘within the course and scope of employment’ under the [MTCA].”
  • violation of 42 U.S.C. § 1983 not proven, so award of fees pursuant thereto reversed
  • “Immunity under the MTCA protects the city from lawsuits arising out of the performance of a police officer’s duties in law enforcement with respect to the alleged victim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cobb, P.J., Carlson and Randolph

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.