Idom v. Natchez-Adams School District et al

Filing 110

ORDER REQUESTING ADDITIONAL BRIEFING Signed by Honorable David C. Bramlette, III on 1/6/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
CINDY IDOM
VS.

PLAINTIFF
CIVIL ACTION NO: 5:14-cv-38(DCB)(MTP)

NATCHEZ-ADAMS SCHOOL DISTRICT, et al.

DEFENDANTS

ORDER
This cause is before the Court on the plaintiff’s motion for
front pay, attorney fees and costs, prejudgment interest, and postjudgment interest (docket entry 99), as well as the plaintiff’s
bill of costs (docket entry 98).

The Court is in the process of

fashioning a Final Judgment pursuant to the jury’s verdict and the
relevant law as briefed by the parties.
In doing so, the Court has determined that section 11-46-15 of
the Mississippi Code could have some bearing on the fashioning of
relief.

That statute provides, in part:

No judgment against a governmental entity or its employee
for any act or omission for which immunity is waived
under this chapter shall include an award for exemplary
or punitive damages or for interest prior to judgment, or
an award of attorney’s fees unless attorney’s fees are
specifically authorized by law.
Miss. Code Ann. § 11-46-15(2)(emphasis added).

The Court is

concerned that prejudgment interest on the jury’s award of damages
on some of the plaintiff’s claims may be improper.

See Univ. of

Mississippi Med. Ctr. v. Pounders, 970 So.2d 141, 148 (Miss.
2007)(award of prejudgment interest by Hinds County Circuit Court
reversed and rendered by Mississippi Supreme Court).

The Court is also concerned that an award of attorney fees in
connection with some of the plaintiff’s claims may be improper.
See Mississippi Dept. of Mental Health, 936 So.2d 917, 930 (Section
11-46-15(2) specifically excludes awards of attorney fees).
The parties are requested by the Court to address these
issues.

Both plaintiff and defendants shall be given seven (7)

days from the date of entry of this Order to do so.
Accordingly,
IT IS HEREBY ORDERED that the parties file supplemental briefs
addressing the issues raised herein within seven (7) days from the
date of entry of this Order.
SO ORDERED, this the 6th day of January, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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