Doe ex rel. Doe v. Rankin County School District

¶23. I agree with the majority’s reasoning that whether the Rankin County School District was entitled to discretionary-function immunity under the Mississippi Tort Claims' Act (MTCA) should be determined by the test this Court articulated in Brantley v. City of Horn Lake, 152 So.3d 1106 (Miss.2014), and not by the public-policy function test. However, the Rankin County School District waived the applicability of discretionary-function immunity, regardless of which test is applied, by waiting, without justification, nineteen months before asserting this affirmative defense in its motion for…