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Citing references

Opinions citing McFadden v. State, 542 So. 2d 871 (Miss. 1989)

70 citing cases

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  1. Barrett v. Miller
    599 So. 2d 559 Mississippi Supreme CourtApril 22, 1992

    Department of Wildlife Conservation, 571 So.2d 263, 267 (Miss. 1990); McFadden v. State, 542 So.2d 871 (Miss. 1989). Courts of this state have a duty and an obligation to enforce federally created rights. Burrell v.

  2. McFadden v. State
    580 So. 2d 1210 Mississippi Supreme CourtMay 3, 1991

    McFadden v. State, 542 So.2d 871, 874 (Miss. 1989). The court must review carefully all of the evidentiary matters before it — admissions in pleadings, answers to interrogatories, depositions, affidavits, etc.

  3. Brumfield v. Lowe
    744 So. 2d 383 Court of Appeals of MississippiJune 22, 1999

    McFadden v. State, 542 So.2d 871, 877 (Miss.1989)(emphasis added). ¶ 26. Brumfield asserts that the arrest by Officer Gill constituted a ministerial act, and therefore, Officer Gill was not subject to the qualified immunity defense.

  4. Webb v. Jackson
    583 So. 2d 946 Mississippi Supreme CourtJune 26, 1991

    State, 542 So.2d 871 (Miss. 1989), When an individual who is a state government official is named as a defendant in a civil action, our law thus directs that he or she enjoy no immunity to a civil action for damages if his breach of a legal duty causes injury

  5. Mississippi Dept. of Transp. v. Cargile
    847 So. 2d 258 Mississippi Supreme CourtMay 29, 2003

    Miller, 599 So.2d at 567 ; McFadden v. State, 542 So.2d 871, 877 (Miss.1989); Region VII, Mental Health-Mental Retardation Ctr. v. Isaac, 523 So.2d 1013 (Miss. 1988). ¶ 36. In Pruett v.

  6. Singleton v. Stegall
    580 So. 2d 1242 Mississippi Supreme CourtMay 3, 1991

    Overstreet, 570 So.2d at 1197 ; McFadden v. State, 542 So.2d 871, 874-75 (Miss. 1989); Stanton & Associates, Inc., 464 So.2d at 505 . We review the Circuit Court's dismissal of the complaint de novo.

  7. Fairley v. George County
    871 So. 2d 713 Mississippi Supreme CourtApril 22, 2004

    Id. at 854 (citing McFadden v. State, 542 So.2d 871 (Miss.1989)). Here, the trial court correctly found MDOT's duty to regularly inspect and maintain Highway 528 to be discretionary.

  8. Duncan ex rel. Duncan v. Chamblee
    757 So. 2d 946 Mississippi Supreme CourtJune 3, 1999

    State, 542 So.2d 871 (Miss.1989), as follows: When an individual who is a state government official is named as a defendant in a civil action, our law thus directs that he or she enjoy no immunity to a civil action for damages if his breach of a legal duty causes

  9. Bilbo v. Thigpen
    647 So. 2d 678 Mississippi Supreme CourtDecember 8, 1994

    McFadden v. State, 542 So.2d 871, 874 (Miss. 1989). However, Bilbo makes no allegation of personal involvement by any of the defendants.

  10. Dependants of Reid v. City of Canton
    858 So. 2d 163 Court of Appeals of MississippiOctober 7, 2003

    McFadden v. State, 542 So.2d 871, 877 (Miss.1989).

  11. Raymond Duncan v. Lynn Chamblee
    Mississippi Supreme CourtMarch 31, 1998

    State, 542 So.2d 871 (Miss.1989), as follows: When an individual who is a state government official is named as a defendant in a civil action, our law thus directs that he or she enjoy no immunity to a civil action for damages if his breach of a legal

  12. Mississippi Department of Transportation v. Kenneth Michael Cargile
    Mississippi Supreme CourtNovember 26, 2001

    Miller, 599 So. 2d at 567 ; McFadden v. State, 542 So. 2d 871, 877 (Miss. 1989); Region VII, Mental Health-Retardation Ctr. v. Isaac, 523 So. 2d 1013 (Miss. 1988). ¶36. In Pruett v.

  13. Evelyn Fairley v. George County, Mississippi
    Mississippi Supreme CourtFebruary 10, 2003

    at 854 (citing McFadden v. State, 542 So.2d 871 (Miss.1989)). Here, the trial court correctly found MDOT's duty to regularly inspect and maintain Highway 528 to be discretionary.

  14. George v. W.W.D. Automobiles, Inc.
    937 So. 2d 958 Court of Appeals of MississippiJune 13, 2006

    (citing McFadden v. State, 542 So.2d 871, 874 (Miss.1989)). "If any triable issues of fact exist, the lower court's decision to grant summary judgment will be reversed." Id. (citing Miller v. Meeks, 762 So.2d 302, 304 (¶ 3) (Miss.2000)).

  15. Myers v. State
    583 So. 2d 174 Mississippi Supreme CourtJune 19, 1991

    McKinnon, 552 So.2d 91, 91 (Miss. 1989); McFadden v. State, 542 So.2d 871, 874 (Miss. 1989); see Wilkinson v. Mercantile National Bank, 529 So.2d 616, 618 (Miss. 1988); Knight v. Moore, 396 So.2d 31, 34 (Miss. 1981) (quoting Franklin v.

  16. Miller v. Meeks
    762 So. 2d 302 Mississippi Supreme CourtJune 29, 2000

    McFadden v. State, 542 So.2d 871, 874 (Miss.1989). Issues of fact sufficient to require a denial of a motion for summary judgment are obviously present where one party swears to one version of the matter in issue and another says the opposite.

  17. Harrison County v. City of Gulfport
    557 So. 2d 780 Mississippi Supreme CourtFebruary 14, 1990

    Smith, 548 So.2d 412, 415 (Miss. 1989); McFadden v. State of Mississippi, 542 So.2d 871, 874 (Miss. 1989); Wilkinson v. Mercantile National Bank, 529 So.2d 616, 618 (Miss. 1988).

  18. Jones v. Mississippi Dept. of Transp.
    744 So. 2d 256 Mississippi Supreme CourtJune 10, 1999

    McFadden v. State, 542 So.2d 871, 874-75 (Miss.1989). b. ¶ 6.

  19. City of Mound Bayou v. Johnson
    562 So. 2d 1212 Mississippi Supreme CourtApril 18, 1990

    See, e.g., McFadden v. State of Mississippi, 542 So.2d 871, 879-81 (Miss. 1989); Grantham v. Mississippi Dept. of Corrections, 522 So.2d 219, 223-26 (Miss. 1988). Those reasons have nothing to do with the limitations question presented today.

  20. Moore v. Ruth
    556 So. 2d 1059 Mississippi Supreme CourtFebruary 7, 1990

    McKinnon, 552 So.2d 91, 91 (Miss. 1989); McFadden v. State, 542 So.2d 871, 874 (Miss. 1989); see Wilkinson v. Mercantile National Bank, 529 So.2d 616, 618 (Miss. 1988); Knight v. Moore, 396 So.2d 31, 34 (Miss. 1981) (quoting Franklin v.

  21. Lanier v. State
    635 So. 2d 813 Mississippi Supreme CourtMarch 31, 1994

    McFadden v. State, 542 So.2d 871, 875 (Miss. 1989).

  22. Mohundro v. Alcorn County
    675 So. 2d 848 Mississippi Supreme CourtJune 6, 1996

    See McFadden v. State, 542 So.2d 871, 881 (Miss. 1989).

  23. Staheli v. Smith
    548 So. 2d 1299 Mississippi Supreme CourtAugust 23, 1989

    McFadden v. State, 542 So.2d 871, 877 (Miss. 1989), quoting Grantham v. Miss. Dep't. of Corrections, 522 So.2d 219, 225 (Miss. 1988). In the case at bar, we are not faced with a ministerial duty.

  24. Gale v. Thomas
    759 So. 2d 1150 Mississippi Supreme CourtDecember 9, 1999

    City of Vardaman, 580 So.2d 733 , 735 (Miss.1991); McFadden v. State, 542 So.2d 871, 876-77, fn. 2 (Miss.1989); Richardson v. Rankin County School Dist., 540 So.2d 5, 7-8 (Miss.1989); Webb v. County of Lincoln, 536 So.2d 1356, 1358-59 (Miss. 1988).

  25. Hood v. Dept. of Wildlife Conservation
    571 So. 2d 263 Mississippi Supreme CourtNovember 28, 1990

    McFadden v. State, 542 So.2d 871, 875 (Miss. 1989); Marx, 520 So.2d at 1346 . Beyond all of this, his suit for injunction presents a traditional subject of equity jurisdiction. Southern Bus Lines v.

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