Mississippi Wildlife, Fisheries, and Parks v. Candace Webb

COLEMAN, JUSTICE, DISSENTING:

¶ 24. The plaintiffs bore the burden of producing evidence that the law enforcement officers in the case sub judice acted with reckless disregard. Even in light of our highly deferential standard of review, the plaintiffs failed to produce evidence that the officers in question appreciated the risk of the suspect fleeing or consciously disregarded any risk. A review of the trial court's order indicates that the trial judge based her judgment in favor of the plaintiffs on a rejection of the defenses offered by the Department rather than sufficient, affirmative…