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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 96-CA-00153 COA ELIZABETH GUICHARD AND SHELLIE ELIZABETH BARBAY v. RONALD ALBERT ROE, DAVID REYER, AND THE CITY OF LONG BEACH APPELLANTS

APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEY FOR APPELLEES: NATURE OF THE CASE: TRIAL COURT DISPOSITION: DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED: JANUARY 17, 1996 HONORABLE KOSTA VLAHOS HARRISON COUNTY CIRCUIT COURT DAVID R. DANIELS WALTER W. DUKES DAVID C. GOFF CIVIL - TORTS (OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE) SUMMARY JUDGMENT FOR APPELLEES AFFIRMED - 12/02/97

12/23/97

BEFORE McMILLIN, P.J., HINKEBEIN, AND SOUTHWICK, JJ. SOUTHWICK, J., FOR THE COURT: Elizabeth Guichard and her child, Shellie Barbay, brought suit in the Circuit Court of Harrison County for false arrest and imprisonment. The defendants were two policemen, the City of Long Beach and the father of the child. The court granted summary judgment for the the policemen and the City of Long Beach. We find that the police and the City had immunity for law enforcement decisions, and affirm.

FACTS On January 11, 1993, Ricky Barbay executed an affidavit in St.Tammany Parish, Louisiana, alleging that his ex-wife, Elizabeth Guichard, kidnaped their minor child Shellie. Based upon his affidavit, an arrest warrant was issued for Guichard for simple kidnaping. No arrest occurred at that time. Shortly thereafter, Guichard filed a complaint for custody in the Chancery Court of Harrison County, Mississippi. She alleged that Ricky Barbay abused their child, Shellie, during the past year. The chancellor issued an ex parte order awarding Guichard temporary custody of the minor child and transferred the case to the Family Court of Harrison County. Additionally, the chancery court ordered that the Louisiana warrant be held in abeyance until the Family Court completed its investigation into the allegations of abuse. On January 27, 1993, the Family Court concluded that it lacked "venue jurisdiction" to proceed with the abuse allegations. The court directed the in-take unit to forward a copy of the complaint for custody to the Louisiana Department of Human Services. On June 27, 1993, the Long Beach Police Department responded to a domestic disturbance call at the Guichard residence. After arriving at the residence, the officers entered Guichard's name into the National Crime Information Center (NCIC) network and determined that there was an outstanding warrant for her. The officers then verified by telephone the existence of the warrant and notified St. Tammany's Parish. The Parish requested that the Long Beach Police Department arrest and hold Guichard until the commencement of extradition proceedings. Guichard was arrested and released the following day pursuant to a court order. On June 17, 1994, Guichard and her minor child, Shellie, filed a complaint for false arrest and imprisonment against the two policemen, David Roe and David Reyer. Also sued was the City of Long Beach and the child's father, Ricky Barbay. The trial court granted summary judgment in favor of Roe, Reyer, and the City of Long Beach. The court concluded that the City and its employees were exempt from liability under Section 11-46-9 of the Mississippi Code. DISCUSSION The immunity statute relied upon by the trial court states this: (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim: ... (c) Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury . . . .

Miss. Code Ann.

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Mississippi Law