A Mississippi court has reversed a significant attorney fee award in a case involving a former employee of the Mississippi Department of Corrections (MDOC), Greg L. Galloway. The Court of Appeals of Mississippi ruled on May 12, 2026, that the Hinds County Circuit Court had erred in awarding Galloway $52,433.85 in attorney fees. This ruling impacts not only Galloway but also sets a precedent regarding the conduct of state agencies in legal disputes related to employment issues.

The core of this case revolves around Galloway's allegations against MDOC regarding unpaid overtime wages and meal reimbursements. After a series of legal maneuvers, the initial ruling in favor of Galloway was overturned concerning the attorney fees, which were deemed excessive given the circumstances of the case.

Background

Greg Galloway was employed as a probation and parole officer by MDOC. He claimed that during his employment, he worked overtime during emergency situations, specifically during riots at the Mississippi State Penitentiary at Parchman in late 2019 and early 2020, and in November 2021 while transporting inmates for medical treatment. Galloway alleged that MDOC failed to pay him the overtime he was owed, leading him to file a lawsuit in December 2022 after receiving no response to his initial demands for payment.

Galloway's lawsuit was one of several similar cases against MDOC, all involving claims for unpaid wages and expenses. The Hinds County Circuit Court initially sanctioned MDOC for failure to comply with discovery orders, ultimately leading to a default judgment against MDOC on the issue of liability. The court found that MDOC's conduct during the litigation warranted sanctions, resulting in an award of $7,231.63 in damages to Galloway and the substantial attorney fee award of $52,433.85.

The Ruling

On appeal, the Court of Appeals of Mississippi focused solely on the attorney fee award. The court noted that MDOC did not contest the default judgment on liability or the damages awarded but challenged the amount of attorney fees granted. The court stated, "The record does not support the amount of attorneys’ fees awarded," and indicated that the trial court had erred in its judgment.

The judges emphasized that MDOC's defense was not frivolous and that the agency had raised legitimate concerns regarding subject matter jurisdiction, which were pending in related cases. The court concluded that MDOC's efforts to contest the claims were not made for harassment or delay, thus invalidating the basis for such a high fee award. The ruling stated, "The court cannot order MDOC to pay all of Galloway’s attorneys’ fees simply because MDOC was guilty of unwarranted delay in responding to motions and discovery requests."

Impact

This ruling has significant implications for both Galloway and MDOC. For Galloway, the reversal means he will not receive the full amount of attorney fees originally awarded, which could impact his ability to recover costs associated with his legal battle. For MDOC, the ruling sets a precedent regarding the limits of sanctions that can be imposed for discovery violations and the proper assessment of attorney fees in cases against state agencies.

Moreover, this case highlights the ongoing legal complexities surrounding employment disputes with state agencies in Mississippi. It reinforces the need for clarity in legal proceedings and the importance of adhering to procedural rules to avoid excessive penalties. The ruling may also affect how state employees approach claims for unpaid wages and the strategies employed by state agencies in defending against such claims.

What's Next

Following this ruling, the case has been remanded to the lower court for further proceedings consistent with the appellate court's opinion. This means that the lower court will need to reassess the attorney fee award and determine an appropriate amount based on the findings regarding MDOC's conduct. There is also the potential for further appeals or related cases as similar disputes continue to arise in the context of state employment.