MALLERY v. TAYLOR

No. 1999-CA-01281-COA.

805 So.2d 613 (2002)

Corey MALLERY, As Next Friend and Administrator of the Estate of Henry Shumpert, Appellant, v. Don TAYLOR, Individually and in his Official Capacity as Executive Director of the Department of Human Services; Walter Woods, Individually and in his Official Capacity as Director of Youth Services; Nanolla Yazdani; Individually and in his Official Capacity as Superintendent and Administrator of Oakley Training School; Nita Jimerson, Individually and in her Official Capacity as the Former Head Nurse at Oakley Training School; Fred Lucas, Individually and in his Official Capacity as Attending Nurse at Oakley Training School; Cherry Warner, Individually and in her Official Capacity as Nurse at Oakley Training School and Dr. Carl Moran, Individually and in his Official Capacity as Physician and Medical Director at Oakley Training School, Appellees.

Court of Appeals of Mississippi.

January 22, 2002.


Attorney(s) appearing for the Case

Ray Charles Carter, Madison, Attorney for Appellant.

Office of the Attorney General by T. Hunt Cole, Jr., Jackson, Attorney for Appellee.

Before McMILLIN, C.J., THOMAS, and MYERS, JJ.


THOMAS, J., For The Court.

¶ 1. Corey Mallery, survivor and administrator of the estate of Henry Shumpert, who died of meningitis while committed to the Oakley Training School, filed a wrongful death action in the Circuit Court of Hinds County against state officials based on allegations of negligence and deliberate indifference along with a claim under the Mississippi Tort Claims Act. The defendants filed motions for summary judgment, and after a hearing on...

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