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Case Law & Resources: Mississippi

Citation

Issue Presented & Facts

Frank v. City of Flowood, 203 So. 3d 786

Whether a police officer was wrongfully terminated and could legally bring a wrongful termination claim in an at-will employment relationship.

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The City maintains that Frank was due to be terminated because he acted unprofessionally and used excessive force while booking Laseter, finding that Frank “had every opportunity to deescalate the situation” but “belittled” Laseter instead.

Holding

The Court of Appeals, Wilson, J., held that exception to employment at will doctrine did not apply to allow claim, even if illegal activity that officer reported had a harmful effect on the city and its citizens.

Case Law

Resources

Citation

2015 Bill Text MS H.B. 565

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Introduced Jan. 21, 2015 (Never enacted)

Summary and Notes

Proposed bill requiring de-escalation and warnings prior to firing an "electronic control device."

Relevant Excerpt

"When it is safe to do so, officers shall attempt to de-escalate situations and shall provide a warning prior to deploying an electronic control device."

Requires Jackson city police officers to de-escalate and warn before shooting.

"Require sworn officers with the Jackson Police Department ("officers") to de-escalate situations, where possible, by communicating with subjects, maintaining distance, and otherwise eliminating the need to use force."

"Require officers to give verbal warnings before shooting at a person unless there are extenuating circumstances where giving a verbal warning is impossible."

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