City of Clinton, Mississippi v. Patrice Tornes

MAXWELL, JUSTICE, FOR THE COURT:

¶ 1. This is an interlocutory appeal from the denial of summary judgment. Because the defendants-a municipality and its police officer-cannot be held liable for the plaintiff's claims under the Mississippi Tort Claims Act (MTCA), 1 we reverse the denial of summary judgment and render judgment in the defendants' favor.

Background Facts and Procedural History

¶ 2. On the afternoon of May 11, 2015, Officer Michael Kelly was responding to a call that an intoxicated person was lying unconscious on the sidewalk outside the Days Inn in Clinton, Mississippi. While en…