Southern v. Mississippi State Hosp.

Summary

The Supreme Court of Mississippi affirmed dismissal of Willie B. Southern Jr.'s claims against Mississippi State Hospital and two physicians arising from his court-ordered commitment. The court held that the claims were barred by the Mississippi Tort Claims Act's one-year limitations period and that Southern had not complied with the statutory notice-of-claim requirements.

Holdings

1. Claims subject to the Mississippi Tort Claims Act must be commenced within one year after the date of the tortious, wrongful, or otherwise actionable conduct, subject to the statutory tolling provisions for a properly served notice of claim. Southern's complaint, filed approximately two and a half years after his discharge and the alleged conduct, was time barred.
2. Issues, including constitutional questions, that were not presented to the trial court will not be reviewed for the first time on appeal.

Questions Presented

1. Whether Southern's complaint was barred by the Mississippi Tort Claims Act's one-year statute of limitations.
2. Whether constitutional claims raised for the first time on appeal could be considered.
3. Whether the circuit court properly dismissed the complaint.

Disposition

affirmed