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5 C. L. Dig. 1 (1975)

handle is hein.journals/ceawest5 and id is 1 raw text is: ~Je 6~I/~Y9awZd
An information service for college and umver  y adminis-
trators and attorneys. Published bimonthly by The National
Association of College and University Attorneys
Vol. 5, No. 1-  January, 1975                         Thomas E. Blackwell, Editor
CAMPUS SECURITY
Federal
Burton v. Waller, United States Court of Appeals for the Fifth
Circuit, No. 72-2311, October 18, 1974. This was a civil suit seek-
ing recovery of damages for the death by gunfire of two black per-
sons and injuries to three others, suffered on the night of May 15,
1970, on the campus of Jackson State College, a virtually all-black
four-year college, with approximately 4,300 students, located in
Jackson, Mississippi.
The law enforcement detachment from which the gunfire came con-
sisted of members of the Mississippi Highway Safety Patrol and the
Jackson Police Department. The suit was brought against all members
of the detachment, the State of Mississippi, the City of Jackson,
and other persons having official connection with the state and its
law enforcement agencies.
In the trial court, the plaintiffs moved for a directed ver-
dict on the issue of liability and the judge reserved decision.
The jury returned a general verdict for all defendants. The judge
then denied the directed verdict motions and, in his bench opinion,
he stated that the city and state were immune from suit. This de-
cision was affirmed on appeal. The following is from the opinion
of the appellate court:
We summarize the key points controlling ultimatedis-
position of this case. There was evidence on which the
jury could find that there was sniper fire and plaintiffs
so concede. Under the governing Mississippi law of privi-
lege and with respect to most of the officers who fired,
there was sufficient evidence to submit to the jury as to
whether the respective officers were privileged to fire
-1-
The College Law Digest is a publication of the National Association of College and University Attorneys. It is published bimonthly,
January, March, May, July, September, November. The Digest is included in membership dues. Subscription rate for non-members is $15.00
per year; price per single copy is $2.50 to members and non-members. All subscription inquiries and general correspondence should be
addressed to: Digest Office, National Association of College and University Attorneys, Suite 510, One Dupont Circle, Washington, D.C. 20036.
Second class postage paid at Washington, D.C., and additional mailing offices.

Copyright 0 1975 by the National Association of College and University Attorneys

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