Oral arg. – Miss.S.Ct. – May 10, 2016

At 10:00 a.m. the Court will hear Yahenacy Smith by and through her mother Felicia Smith v. Leake County School District.

Smith was  a special ed student at the junior high.  On the bus ride home in November 2013 she was attacked by at least five other girls. Apparently she had been bullied for at least a  year.  Her mother sued the school district. The trial court dismissed the case finding that the school district was immune from suit under the Tort Claims Act.  Smith argues the district has a duty  under Miss. Code Ann. §37-9-69 to  “hold [its] pupils to strict account for disorderly conduct at school [ and] on the way  to and from school …. ” and that the school district must exercise ordinary care in perform this ministerial duty.

Felicia Smith’s brief

Leake County School District’s brief

Felicia Smith’s reply brief

Watch the argument here.

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