School Suit

The Mississippi Supreme Court decided Moss Point School District v. Stennis located here last Thursday.  There is a rise in school districts being sued for various things.  In this case, a student sued for injuries sustained in an off-campus school fight.  There had apparently been an incident on campus earlier in the day.  The trial court denied summary judgment to the school district which filed for interlocutory appeal.  The Mississippi Supreme Court reversed but in an unusual twist reversed for more fact finding and consideration of the school handbook.  The issue the Court latched onto was that while the fight was not on campus, the school had adopted a policy in its handbook of calling the police if a fight happens on campus which was arguably violated.  This arguably lead to the incident off campus.  This is an issue of first impression and may be something that creates a lot more litigation against school districts in the future.