Mississippi Department of Human Services v. S.W.

CARLTON, J.,

for the Court:

¶ 1. S.W.1 filed a complaint against the Mississippi Department of Human Services (DHS) seeking damages he suffered resulting from DHS’s negligence while he was placed in the legal custody of DHS as a minor. In Mississippi Department of Human Services v. S.W., 974 So.2d 253, 264 (¶ 35) (Miss.Ct.App.2007), this Court affirmed the circuit court’s finding of liability based upon the breach of ministerial, nondiscretionary governmental duties by DHS, and this court reversed and remanded the case for a new trial on damages. The Mississippi Supreme Court subsequently…