J.D. v. McComb Sch. Dist.

347 So.3d 199

J.D., BY AND THROUGH Her Natural Mother and Next Friend, Jileta MINGO, Appellant

v.MCCOMB SCHOOL DISTRICT, Appellee

NO. 2020-CA-00022-COA

Court of Appeals of Mississippi.

March 15, 2022

Rehearing Denied June 21, 2022

ATTORNEY FOR APPELLANT: EDWIN L. BEAN JR., McComb

ATTORNEYS FOR APPELLEE: STEVEN LLOYD LACEY, ALLISON PERRY FRY

EN BANC.

WESTBROOKS, J., FOR THE COURT:

¶1. Through her mother Jileta Mingo, J.D.¹ sued the McComb School District (the District) and argued that it negligently failed to prevent a fellow sixth-grade student from attacking and injuring her. The Pike County Circuit Court granted the District's motion to dismiss J.D.'s complaint for failing to state a claim upon which relief could be granted. J.D. appeals. After careful consideration, we find that J.D.'s complaint adequately stated a cause of action for negligence. As such, we reverse the circuit court's judgment and remand the case to the circuit court's active docket.

FACTS AND PROCEDURAL HISTORY²

¶2. In her complaint, J.D. alleged that A.B.³ "confronted" her during an awards ceremony in their middle-school gym. After the ceremony, J.D. and A.B. were both in Linda Miller's sixth-grade class when A.B. began yelling at Miller and J.D. about some unspecified events during the ceremony. When A.B. cursed at Miller, Miller told A.B. to leave her classroom. A.B. complied. However, he was allowed to re-enter the classroom "a few minutes later[,] ... where he attacked [J.D. and caused] severe neck, head, and jaw injuries."

¶3. The complaint went on to allege that there was "good reason to believe that ... [A.B.] had engaged in similar conduct, not only against fellow students but also against teachers, at [the middle school] prior to and" after A.B. attacked J.D. The complaint reasoned that the District was liable for J.D.'s damages because Miller negligently failed to (1) provide a safe environment for J.D., (2) supervise or discipline A.B., (3) prevent A.B. from "bullying or harassing" J.D., or (4) "hold [A.B.] to strict account for [his] disorderly conduct[.]"

¶4. After filing its answer, the District moved to dismiss J.D.'s complaint pursuant to Mississippi Rule of Civil Procedure 12(b)(6). The District argued that it was entitled to discretionary-function immunity under the Mississippi Tort Claims Act (MTCA). Alternatively, the District asserted that it was specifically immune to claims related to student control and discipline, and J.D. could not recover damages based on "a claim predicated upon a breach of statute only." Finally, the District argued that J.D.'s complaint did not provide any basis to find that A.B. had engaged in "a pattern of bullying" J.D.

¶5. J.D. subsequently filed a response in opposition, and the District filed a rebuttal. The circuit court held a hearing on the District's motion. After taking the matter under advisement, the circuit court entered its order granting the District's motion. J.D. appeals, arguing that the circuit court erred when it dismissed her complaint because the District was not entitled to discretionary-function immunity under the MTCA.

STANDARD OF REVIEW

¶6. Our standard of review is well settled:

[An appellate court] reviews a trial court's dismissal based on immunity under the [MTCA] de novo. Likewise, a motion to dismiss under Rule 12(b)(6) ... raises an issue of law, which is reviewed under a de novo standard. A Rule 12(b)(6) motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint. Thus, when considering a motion to dismiss, the allegations in the complaint must be taken as true and the motion should not be granted unless it appears beyond doubt that the plaintiff will be unable to prove any set of facts in support of his claim.

Moses v. Rankin County , 285 So. 3d 620, 623 (¶8) (Miss. 2019) (emphasis, citations, and internal quotation marks omitted).

¶7. However, the District's motion could also be described as a request for a judgment on the pleadings as set forth in Mississippi Rule of Civil Procedure 12(c).

Since a motion for a judgment on the pleadings ... raises an issue of law, this Court's standard of review for the granting of that motion is de novo. Therefore, this Court sits in the same position as did the trial court. In reviewing a Rule 12(c) motion, the allegations in the complaint must be taken as true, and the motion should not be granted unless it appears beyond any reasonable doubt that the non-moving party will be unable to prove any set of facts in support of the claim which would entitle the non-movant to relief.

Long v. Jones Cnty. ex rel. Bd. of Supervisors , 301 So. 3d 62, 65 (¶9) (Miss. Ct. App. 2020) (citations and internal quotation marks omitted).

ANALYSIS

¶8. As noted above, J.D. interprets the circuit court's order as though her complaint was dismissed based on a conclusion that the District was entitled to discretionary-function immunity under the MTCA. However, the District had argued that J.D.'s complaint should be dismissed for multiple reasons, and the circuit court's order merely states: "taking as true the facts alleged in the complaint, ... the complaint fails to state a claim upon which relief may be granted[,] and ... the [District] is entitled to dismissal of the cause." The circuit court did not elaborate beyond that statement, so we do not know whether the circuit court agreed with all or some of the bases that the District argued for dismissal.

¶9. In any event, J.D.'s sole argument on appeal is that the District was not entitled to discretionary-function immunity under the MTCA.⁴ As this Court has previously summarized,

The MTCA provides the exclusive civil remedy against a governmental entity for acts or omissions which give rise to a suit. Any tort claim filed against a governmental entity or its employee shall be brought only under the MTCA, and a school district is a governmental entity under the MTCA. Under the MTCA, sovereign immunity is waived for claims for money damages arising out of the torts of governmental entities and their employees, unless they are explicitly exempted from this waiver under [Mississippi Code Annotated] [s]ection 11-46-9(1) [(Supp. 2016)].... [S]ection 11-46-9(1) exempts discretionary but not ministerial duties from immunity.

A ministerial duty is a duty that is positively designated by statute, ordinance, or regulation. [Mississippi Code Annotated] [s]ection 37-9-69 [(Rev. 2013)] states that each superintendent, principal[,] and teacher in the public schools of this state shall hold the pupils to strict account for disorderly conduct at school, on the way to and from school, on the playgrounds, and during recess. The Mississippi Supreme Court has found that [s]ection 37-9-69 ... imposes upon school districts a ministerial duty to use ordinary care and to take reasonable steps to minimize foreseeable risks to students thereby providing a safe school environment. The school is not an insurer of the safety of pupils, but has the duty of exercising ordinary care, of reasonable prudence, or of acting as a reasonable person would act under similar circumstances.

J.E. v. Jackson Pub. Sch. Dist. , 264 So. 3d 786, 791 (¶¶12-13) (Miss. Ct. App. 2018) (citations and internal quotation marks omitted).

¶10. We are not persuaded by the District's argument that the ordinary-care standard adopted in L.W. v. McComb Separate Municipal School District , 754 So. 2d 1136 (Miss. 1999), is no longer good law based on the Mississippi Supreme Court's decision in Mississippi Transportation Commission v. Montgomery , 80 So. 3d 789, 797 (¶26) (Miss. 2012) (negative history omitted). Despite the relatively recent fluctuations in the law regarding the test to determine whether a governmental entity is entitled to discretionary-function immunity,⁵ our Supreme Court has not deviated from its holding that "[p]ublic schools have the responsibility to use ordinary care and to take reasonable steps to minimize foreseeable risks to students thereby providing a safe school environment." Chaffee ex rel. Latham v. Jackson Pub. Sch. Dist. , 270 So. 3d 905, 907-08 (¶11) (Miss. 2019) (quoting Henderson ex rel. Henderson v. Simpson Cnty. Pub. Sch. Dist. , 847 So. 2d 856, 857 (¶3) (Miss. 2003) ). Although the ministerial duty that stems from Mississippi Code Annotated section 37-9-69 (Rev. 2019) has been "applied ... only in a limited context, mainly in cases concerning the disorderly conduct of students, or intentional acts on the part of individuals," Covington Cnty. Sch. Dist. v. Magee , 29 So. 3d 1, 5 (¶10) (Miss. 2010), the fact remains that our Supreme Court only overruled L.W. "to the extent [that it and other cases] may be read to condone an interplay between [Mississippi Code Annotated] [s]ection 11-46-9(1)(b) [(Rev. 2012)] and [s]ection 11-46-9(1)(d) to determine whether the discretionary conduct of [a] governmental entity is exempt from liability by applying the ordinary-care standard[.]" Smith ex rel. Smith v. Leake Cnty. Sch. Dist. , 195 So. 3d 771, 777 (¶18) (Miss. 2016).

¶11. Taking the allegations in J.D.'s complaint as true, J.D. adequately stated a claim that the District had breached its ministerial duty to use ordinary care and to take reasonable steps to minimize foreseeable risks to her. We certainly cannot say, based on the allegations in the complaint, that J.D. would be unable to prove any set of facts in support of her claim. Nothing more was necessary to defeat the District's motion to dismiss.⁶ Consequently, the circuit court erred when it dismissed J.D.'s complaint.⁷ We therefore reverse the circuit court's judgment and remand this case to the circuit court's active docket.

¶12. REVERSED AND REMANDED.

BARNES, C.J., CARLTON AND WILSON, P.JJ., McDONALD AND McCARTY, JJ., CONCUR. SMITH, J., DISSENTS WITH SEPARATE WRITTEN OPINION, JOINED BY GREENLEE AND LAWRENCE, JJ.; EMFINGER, J., JOINS IN PART.

SMITH, J., DISSENTING:

¶13. As this Court has previously recognized, in Wilcher v. Lincoln County Board...