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.