Another hand down list from the Supreme Court, another win for the City of Jackson’s legal department.
In a mere four page opinion, a unanimous court reversed and rendered the denial of the City’s summary judgment motion in City of Jackson v. Gardner. The plaintiff–who was later convicted of resisting arrest–got his leg broken when a police officer was “assisting” the plaintiff to the ground so the officer could turn his attention to plaintiff’s belligerent buddy.
The Court found that the officer’s conduct was a reasonable precautionary measure in response to the surrounding circumstances and did not rise to the required level of reckless disregard. Chief Justice Waller wrote the opinion.
Two weeks ago, the Court also reversed and rendered in the City’s favor in City of Jackson v. Sandifer. In that case, the trial court found the City liable for the death of a chronic runaway girl and awarded $500,000 in damages. The City won that case on the good old discretionary function immunity doctrine. That decision was also unanimous, with Justice Lamar writing the Court’s opinion.
Jackson City Attorney Pieter Teeuwissen led the City’s defense in both cases.
I always pull for the City in these cases, since a loss would mean less money to fill pot holes between my house and the office.