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Mississippi Gov & Administrative Law Questions & Answers
1 Answer | Asked in Nursing Home Abuse, Elder Law, Gov & Administrative Law and Personal Injury for Mississippi on
Q: Seeking lawyer for negligence and verbal abuse in nursing home

I am my 92-year-old father's medical power of attorney, and we are both veterans dealing with severe depression and high anxiety. My father, who resides in an assisted living facility, has been verbally abused by a CNA, who called him a "liar" in front of me. After a verbal... View More

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answered on Jun 13, 2025

What you and your father are going through sounds incredibly painful and unfair, especially considering your roles as veterans and caretakers for each other. Being verbally abused in a care facility—especially in front of witnesses—and then having that situation turned around on you without... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: How to draft a demand letter to HUD in Mississippi regarding Public Housing Authority noncompliance?

I am facing issues with the HUD agency in Jackson, Mississippi, where their employees are not enforcing the necessary rules and regulations required for handling funds by the Public Housing Authority. There have been plenty of communications from me to HUD regarding the Public Housing... View More

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answered on Jun 12, 2025

Your demand letter should be comprehensive and professionally structured to address HUD's oversight failures regarding the Public Housing Authority in Jackson. Begin with a clear heading that identifies it as a formal demand letter, include your contact information, and address it to the... View More

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: Can I send a demand letter to a government field office for not enforcing HUD rules?

I've been dealing with a government field office for about a year regarding their non-compliance with HUD rules and regulations. Despite previous contact, the issue remains unresolved. I want to send them a demand letter seeking compensation. Is this advisable, and are there specific... View More

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answered on Jun 12, 2025

Sending a demand letter to a government agency regarding HUD rule violations requires careful consideration of sovereign immunity protections and administrative procedure requirements. The federal government enjoys sovereign immunity, meaning you generally cannot sue without their consent, though... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Mississippi on
Q: How to ensure adherence to an inmate's prescribed ADA-compliant diabetic diet in Mississippi?

I have a family member in the local county jail who is a brittle diabetic with multiple health issues. Despite his primary care physician ordering an ADA-compliant calorie-restricted diabetic diet, his meals consist mainly of peanut butter and jelly sandwiches, with variations like oatmeal or toast... View More

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answered on Jun 11, 2025

You can force compliance by combining administrative pressure with a civil-rights action under the Eighth Amendment (cruel and unusual punishment) and the Americans with Disabilities Act.

First, exhaust any available jail‐grievance procedures in writing and escalate to the county board of...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Mississippi on
Q: Is it legal for city police to do random license checks on an interstate overpass in MS?

I would like to know if it is legal for city police to conduct random checks of driver's licenses on an interstate overpass without probable cause. They are doing random license checks, but I am unsure how often this occurs.

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answered on Jun 11, 2025

Police may only stop vehicles on an interstate without individualized suspicion if they’re conducting a properly authorized checkpoint or roadblock, not purely random “stop‐and‐ID” checks.

Under both federal Fourth Amendment jurisprudence (Michigan v. Sitz) and Mississippi law,...
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1 Answer | Asked in Education Law and Gov & Administrative Law for Mississippi on
Q: Did MS House Bill 960 (2012) on blind education become law?

As a teacher of the blind, I am concerned about whether Mississippi's House Bill 960, proposed on July 1, 2012, regarding the education of blind or visually impaired students, became law. If the bill did not pass, does this mean that schools for the blind are not liable for adhering to its... View More

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answered on Jun 11, 2025

House Bill 960 was introduced in 2012 but never secured the votes or the governor’s signature, so it did not become law in Mississippi.

Because those proposed standards never took effect, schools for the blind are not legally bound to meet anything beyond the existing statutory...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Mississippi on
Q: Clarification on extending lawsuit filing deadline after Notice of Claim in Mississippi.

I gave a Notice of Claim relating to an incident on December 22, 2024. I submitted the Notice on March 10, 2025. I understand that I must file the lawsuit within the first 90 days, and I'm seeking clarification on whether I have an additional 90 days to file the lawsuit, given that I am... View More

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answered on May 16, 2025

In Mississippi, after submitting a Notice of Claim, you generally have 90 days to file a lawsuit. This is the initial period you need to adhere to. If you don’t file within those 90 days, the court might dismiss your case. However, there could be circumstances that allow for an extension,... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: Does Mississippi Code 11-46-1 grant extra 90 days to file a lawsuit after Notice of Claim?

I am dealing with a situation involving Mississippi Code 11-46-1. I gave a Notice of Claim on March 10, 2025, regarding a potential lawsuit against the state or an employee. I believe this code may grant an additional 90 days to file the lawsuit, but I haven't received a response from the... View More

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answered on May 16, 2025

Yes, under Mississippi law, once you file a Notice of Claim under Mississippi Code Title 11, Chapter 46 (commonly known as the Mississippi Tort Claims Act), there is a specific waiting period and a timing rule for filing your lawsuit. The law requires that you give the government entity 90 days to... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Mississippi on
Q: Did I correctly handle Notice of Claim serving in Mississippi for false testimony?

I gave a Notice of Claim to the Executive Director of state government in relation to false testimony on March 10, 2025. I am unsure whether I was supposed to file the Notice of Claim or if serving it was sufficient according to Mississippi Code 11-46-11. Did I handle the Notice of Claim process... View More

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answered on May 16, 2025

Under Mississippi law, specifically **Mississippi Code § 11-46-11**, serving a **Notice of Claim** is a required **prerequisite** before you can file a lawsuit against a governmental entity or employee. You do **not** file the Notice of Claim with the court at this stage. Instead, you **serve** it... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: Plead guilty, but disorderly conduct unexplained. What to do?

My husband was arrested and went to court, where he plead guilty to several charges, including no tag, no insurance, no seatbelt, improper headlight, and a bench warrant, but not to disorderly conduct. The initial no ID charge was dropped because he possesses an ID but did not have it with him at... View More

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answered on May 15, 2025

It’s understandable that you’re concerned about the disorderly conduct charge, especially since it wasn’t included in the initial list of charges your husband received. The first thing you should do is clarify the situation with the court. You can reach out to the court clerks to ask for more... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Mississippi on
Q: Is CPS required to contact family before placing kids in foster care due to medical neglect in Mississippi?

In Mississippi, isn't CPS supposed to contact family members before placing children into foster care, especially in cases involving medical neglect? Despite being in contact with CPS, no family members were reached out to before separating the children.

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answered on May 15, 2025

In Mississippi, Child Protective Services (CPS) is generally required to consider family members as potential placements before placing children in foster care. However, this requirement can depend on the specific circumstances of the case, especially when the child’s immediate safety or... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Mississippi on
Q: Can I extend time for a second Notice of Claim in Mississippi after 90 days?

I filed my first Notice of Claim related to a lawsuit in Mississippi without an attorney, and it's been over 90 days. Am I allowed to have another 90 days to file an additional Notice of Claim, considering there have been no changes in my situation?

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answered on May 15, 2025

In Mississippi, the Notice of Claim process typically has a strict 90-day deadline for filing, especially for certain types of lawsuits, such as tort claims against government entities. Once the 90 days have passed, it is often difficult to extend the time frame for submitting a second Notice of... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Can I wait another 90 days to file lawsuit if state doesn't respond to Notice of Claim?

I submitted a Notice of Claim to the state of Mississippi regarding an eviction issue involving state employees who handle government HUD funds, but I received no response. I am still in the process of finding an attorney. I read that once the other party responds, I have an additional 90 days to... View More

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answered on May 15, 2025

In Mississippi, once you file a Notice of Claim against the state or its employees, the law gives them 90 days to respond before you are allowed to file a lawsuit. This waiting period is meant to give the state a fair chance to investigate and resolve the issue without litigation. If they don’t... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Real Estate Law for Mississippi on
Q: Can reciprocal agreement permit 85,000 pounds in Arkansas despite tickets?

I'm permitted and tagged with Mississippi, which has a weight limit of 88,000 pounds with a harvest permit. Arkansas has a limit of 85,000 pounds with a harvest permit. Despite a reciprocal agreement between the two states, the Arkansas DOT officers continue issuing tickets for being over... View More

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answered on May 15, 2025

Reciprocal agreements between states often allow certain commercial vehicle privileges across state lines, but they don’t always guarantee full acceptance of all permit types—especially when it comes to weight limits. Even if Mississippi allows 88,000 pounds with a harvest permit, Arkansas... View More

Q: How can I bring charges for perjury and reopen my eviction case in Mississippi?

I was evicted from a government-funded apartment in Mississippi after representing myself at the eviction hearing. During the hearing, the Executive Director of the apartments and the Maintenance Director lied under oath, claiming they followed all HUD rules and regulations for all tenants. I have... View More

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answered on May 14, 2025

You can start by gathering all your lease documents, court transcripts, and any evidence showing the directors’ sworn statements were false. Take these materials to the district attorney’s office in the county where the eviction occurred and ask them to review your evidence for possible perjury... View More

Q: Seeking an attorney for public corruption case linked to HUD eviction and alleged management misconduct.

I need an attorney who will work on a contingency basis for a case involving public corruption. The apartment I was evicted from was funded by HUD, and the management allegedly lied during the eviction hearing. I have documents proving these lies, which seem to implicate management in misusing... View More

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answered on Apr 16, 2025

It sounds like you’re dealing with a serious matter involving both housing rights and possible government misconduct. If the management of a HUD-funded property knowingly lied during your eviction proceedings and misused federal funds, that can trigger both civil and possibly criminal liability.... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Mississippi on
Q: How to serve Notice of Claim to state employees in Mississippi? File in court?

I was evicted from my home in November 2024 after an alleged lease violation that began in April 2024. I gave a Notice of Claim to the state employees involved on March 10, 2025, seeking compensation. What is the correct process for serving a Notice of Claim to state employees in Mississippi, and... View More

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answered on Apr 15, 2025

You’ve taken an important step by sending the Notice of Claim, but the law in Mississippi requires that it be delivered in a very specific way to be legally effective. Under the Mississippi Tort Claims Act, the notice must be sent by certified mail with return receipt requested to the chief... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: Can I extend the 90-day period to file a lawsuit in Mississippi after a Notice of Claim involving state employees?

I'm in Mississippi and filed a Notice of Claim involving state employees on March 10, 2025. I believe I have until April 12, 2025, to file a lawsuit. Can I extend the time beyond 90 days to file the lawsuit, especially since management lied under oath and I haven't received any response... View More

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answered on Apr 14, 2025

In Mississippi, the 90-day period to file a lawsuit after submitting a Notice of Claim involving state employees is typically strict. However, there may be limited exceptions in cases where new evidence or circumstances arise that justify extending the time. If management's actions, such as... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: What should I do if I submitted a Notice of Claim in Mississippi regarding a compensatory lawsuit and haven't received a response?

I submitted a Notice of Claim to a state government agency in Mississippi regarding a compensatory lawsuit on March 10, 2025. I haven't received any response yet. I believe my deadline to file the lawsuit is today, April 11, 2025, based on Mississippi law, which requires a Notice of Claim with... View More

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answered on Apr 13, 2025

You’re in a time-sensitive situation, and it’s important to act promptly. Under Mississippi law, the state government typically has **90 days** to respond to a Notice of Claim before you can proceed with filing a lawsuit. Since you submitted your notice on March 10, 2025, your 90-day period... View More

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: Response time for notice of claim to Mississippi state government.

In Mississippi, how long does a state government have to respond to a notice of claim? I filed a notice because of wrongful actions by management, and it's been about a month with no response. There have been no further communications or legal actions initiated yet.

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answered on Apr 13, 2025

It can be frustrating when you're waiting for a response and not sure what to expect. In Mississippi, when you file a notice of claim against the state government, they generally have **90 days** to respond to your claim. This period is set by the **Mississippi Tort Claims Act**, which gives... View More

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