Cynthia Renee Crider v. DeSoto County Convention and Visitors Bureau

¶ 19. It is said that “history is written by the victors.” And today, the majority is trying to write the history of discretionary-function immunity by declaring “Brantley is settled law.”15 Brantley, however, is not “settled law.” Rather, it is a recent departure from settled law, predicated solely on a false premise.

I. Brantley was based on a false premise.

¶ 20. Less than two years ago, Brantley was decided by a narrow five-four victory. The majority in that case abandoned longstanding precedent, opting instead to create an entirely new test for determining discretionary-function immunity.…