DeSoto County, Mississippi v. Tracy Dennis

¶ 15. I respectfully dissent. I would hold that the clerk’s failure to forward the warrant cancellation notice did not “arise out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature.” Miss.Code Ann. § 11 — 46—9(l)(a) (Rev. 2012). .Therefore it should not be afforded immunity under the Mississippi Tort Claims Act.

¶ 16. The clerk’s deposition testimony reflects the following questions and answers:

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Q. And at that time the casé was remanded to the file?

A. Correct.

Q. And this was an oversight on your part that there…