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• Title: Southern v. Mississippi State Hospital
• Author : Mississippi Supreme Court
• Release Date : January 11, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE DISPOSITION: AFFIRMED - 09/11/2003 STATEMENT OF THE CASE ¶1. Willie B. Southern, Jr. (Southern) was committed by order of the Chancery Court of Hinds County on April 19, 1999, to the Mississippi State Hospital. The affidavit for commitment was brought by Gerald Jones of the Jackson Police Department, as a friend of the court, seeking treatment for Southern. The affidavit alleged that Southern was a possible danger to himself and others and that he had barricaded himself and his two children in a hotel room for a week despite pleas from family and others to come out. The special master's commitment order reflects that Southern was present at the hearing with his attorney. ¶2. On June 9, 2002, Southern filed suit against the Mississippi State Hospital at Whitfield in Rankin County and its staff physicians, Dr. Paul Jackson (Dr. Jackson) and Dr. Martha Murray (Dr. Murray), collectively known as the Hospital. The Hospital filed a joint motion to dismiss pursuant to M.R.C.P. 12 (b) (6) for failure to state a valid claim upon which relief can be granted. In the motion to dismiss, the Hospital took the position that they were exempt from the liability pursuant to Miss. Code Ann. § 11-46-9 (1) (a), Miss. Code Ann. § 11-46-9 (1) (d) and Miss. Code Ann. § 11-46-9 (1) (m). The Hospital in its motion to dismiss further set forth the defense that Southern's complaint had not been properly filed pursuant to the one-year statute of limitation under Miss. Code Ann. § 11-46-11.

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