Walton v. City of Verona

Case: 22-60231 Document: 00516893587 Page: 1 Date Filed: 09/13/2023

United States Court of Appeals

For the Fifth Circuit United States Court of Appeals

Fifth Circuit

____________ FILED

September 13, 2023

No. 22-60231 Lyle W. Cayce

____________ Clerk

Thomas Walton, Individually and on Behalf of the

Wrongful Death Beneficiaries of Annie Walton,

Deceased; Aliven Walton,

Plaintiffs—Appellees/Cross-Appellants,

versus

City of Verona,

Defendant—Appellant/Cross-Appellee,

J.B. Long; John Does 1–25,

Defendants—Cross-Appellees.

______________________________

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 1:20-CV-40

______________________________

Before Duncan and Wilson, Circuit Judges, and Mazzant, District

Judge.

Amos L. Mazzant, District Judge:



United States District Judge for the Eastern District of Texas, sitting by

designation.

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In 2018, the Verona Police Department twice arrested Latavious Betts

for his connection to violent shootings. Both times, however, he was released

while his charges were pending. Just five months after his second arrest,

Latavious Betts drove to Annie Walton’s house and opened fire—killing

Annie Walton and injuring her grandson, Aliven Walton.

Annie Walton’s wrongful death beneficiaries and Aliven Walton

(collectively, the Waltons) believe the City of Verona and the Verona Chief

of Police, J.B. Long, are responsible for the shooting at Annie Walton’s home,

so they sued under 42 U.S.C. § 1983 and the Mississippi Tort Claims Act. At

summary judgment, the district court initially dismissed all claims. But the

Waltons filed a motion for reconsideration, and the district court reversed

course—finding the City of Verona was not entitled to sovereign immunity

under the Mississippi Tort Claims Act. The Waltons and the City of Verona

subsequently filed interlocutory appeals. For the following reasons, we

dismiss the Waltons’ appeal for lack of jurisdiction, and reverse the district

court’s finding against the City regarding sovereign immunity.

I.

This case finds its genesis in three shootings that occurred only a few

months apart from one another. In each case, Latavious Betts (Betts) was a

primary suspect.

On March 22, 2018, three men fired gunshots at a carwash in Verona,

Mississippi, and Jaskin Green was killed during the exchange. Verona Police

Chief J.B. Long (Long) investigated the incident and interviewed several

witnesses connected to the murder. Based on the information he received,

Long believed Betts was involved in the shooting, and he convinced Justice

Court Judge Hopkins to issue a warrant for Betts’s arrest. Betts was taken

into custody and placed on an investigatory hold. While in custody, Betts

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informed Long that he did not know anything about the murder, and he was

not present at the carwash when the shooting occurred.

Before Betts was due for his initial appearance, Long called Judge

Hopkins, who was away for a judicial conference. During their conversation,

Long mentioned that he had a murder suspect who needed a bond amount—

never referring to Betts by name. Judge Hopkins recommended a $50,000

bond amount, and Long said he would bring the appropriate paperwork to

Judge Hopkins later. After that conversation, Long released Betts on his own

recognizance with the intention of presenting the case to the grand jury.

When Judge Hopkins returned from the judicial conference, Long

presented bond paperwork for Betts, but Judge Hopkins refused to sign it

because he thought Long was referring to a hypothetical criminal defendant

during their earlier call—not Betts. Judge Hopkins and Long met with Justice

Court Judge Holland, and she determined that the best course of action was

to wait for Betts’s case to be presented to the grand jury.

Shortly after his release, Betts resurfaced. On July 8, 2018, Long

responded to a shooting at a Chevron gas station where two victims had been

hit. Long reviewed the store’s video surveillance footage, and he immediately

identified Betts as one of the shooters. Betts was then arrested for aggravated

assault. For his initial appearance, Betts was brought before Judge Holland.

Long notified Judge Holland that Betts was out on bail for a prior charge, but

Long did not specify that the charge was for first-degree murder. The parties

agree that Betts received a $50,000 bond relating to the July shooting.1

Eventually, grand juries indicted Betts for the March and July

shootings, and capiases were issued to the Lee County Sheriff’s Department

1

This fact is not evidenced in the record: Betts’s initial appearance form does not

indicate any bond amount and the form seems to be missing several provisions.

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to arrest him. Yet, an arrest did not come quick enough: Betts committed

another crime before the Lee County Sheriff’s Department could seize him.

Betts and Aliven Walton (Aliven) generally knew each other and lived

in the same neighborhood. On November 9, 2018, Betts and Aliven arranged

a meeting where Betts gave Aliven an ounce of marijuana. Later, a

disagreement arose about the transaction—as Aliven believed the drugs were

free but Betts expected some type of payment. On December 7, 2018, Betts

called Aliven and told him he was coming to Annie Walton’s house, where

Aliven lived, and planned to “shoot it up.” Annie Walton (Annie) called the

police, and a sheriff’s deputy responded. The deputy spoke with Annie,

wrote up some paperwork, and then left the home. Five minutes after the

deputy departed, Betts arrived and fired several gunshots into the house.

Annie, Aliven, and Aliven’s mother were all shot and subsequently rushed to

the hospital. And, tragically, Annie died shortly thereafter.

Betts pleaded guilty to second-degree murder and aggravated assault

for the shooting at Annie’s home. He was not convicted for the other 2018

incidents.

On March 10, 2020, the Waltons filed the current case against the City

of Verona (the City) and Long. The Waltons alleged claims for abuse of

executive power and state-created danger under 42 U.S.C. § 1983, as well as

additional claims under the Mississippi Tort Claims Act (MTCA). During

the proceedings in the district court, the City and Long filed motions for

summary judgment, which the district court granted. As for the federal

claims, the district court found that the state-created-danger claim should not

go forward because the Fifth Circuit has never recognized such a claim.

Furthermore, the district court dismissed the claim for abuse of executive

power because Long’s actions did not “shock the conscience” in a manner

to establish liability. Meanwhile, the MTCA claims were dismissed because

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there was no evidence that Long acted with reckless disregard. So, the City

was entitled to sovereign immunity.

Following the summary judgment ruling, the Waltons filed a motion

for reconsideration under Federal Rule of Civil Procedure 59 and argued that

the district court misapplied the standard for summary judgment in resolving

factual disputes and inferences against them. The district court granted in

part and denied in part the Waltons’ motion. While the court declined to

revise its ruling on the Waltons’ federal claims, it found that the City was not

entitled to sovereign immunity on the MTCA claims. Specifically, the

district court concluded there was a genuine dispute of material fact as to

whether the Waltons had established causation because there was support for

the notion that Long acted with reckless disregard in withholding information

from Judge Holland.

The City appealed the district court’s order on the motion to

reconsider. The Waltons cross-appealed the district court’s dismissal of their

federal claims.

II.

Before reaching the merits of the parties’ interlocutory appeals, we

turn, as we must, to the issue of jurisdiction. Harris v. Clay Cnty., Miss., 47

F.4th 271, 275 (5th Cir. 2022). The Waltons maintain we lack jurisdiction

over the City’s appeal. The City and Long counter with the same argument

against the Waltons’ cross appeal. While the City and Long’s point is well-

taken, the Waltons’ is not.

We generally only have jurisdiction over final decisions of a district

court. 28 U.S.C. § 1291; Tracy v. Lumpkin, 43 F.4th 473, 475 (5th Cir. 2022).

A district court order “is final and appealable when it ends the litigation and

leaves nothing for the court to do but execute the judgment.” Elizondo v.

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Green, 671 F.3d 506, 509 (5th Cir. 2012) (citations omitted). As such, an

order that dismisses claims against some defendants, but not others, “is not

a final appealable judgment” unless the district court certifies the order for

appeal in accordance with Federal Rule of Civil Procedure 54(b). Id.

That said, pursuant to the collateral-order doctrine, our jurisdiction

extends to “a narrow class of decisions that do not terminate the litigation,

but are sufficiently important and collateral to the merits that they should

nonetheless be treated as final.” Tracy, 43 F.4th at 475 (cleaned up) (quoting

Will v. Hallock, 546 U.S. 345, 347 (2006)). To that end, we typically have

jurisdiction over denials of sovereign and qualified immunity because these

immunities are “an immunity from suit rather than a mere defense to

liability,” and those immunities are “effectively lost if a case is erroneously

permitted to go to trial.” Harris, 47 F.4th at 275 (emphasis in original)

(quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)); P.R. Aqueduct & Sewer

Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144 (1993) (relying on Mitchell and

concluding that denials of Eleventh Amendment sovereign immunity are

appealable under the collateral-order doctrine). Likewise, we have held that

we may review denials of immunity under Mississippi law because the

immunity is a protection from suit. Lampton v. Diaz, 661 F.3d 897, 899 (5th

Cir. 2011) (per curiam); Bosarge v. Miss. Bureau of Narcotics, 796 F.3d 435,

438–39 (5th Cir. 2015). We reach the same result here.

Fighting this conclusion, the Waltons posit that we lack jurisdiction to

consider the City’s appeal because the district court’s immunity ruling

hinged on a genuine dispute of material fact. But the Waltons misunderstand

our role on interlocutory review. True, in the immunity context, we do not

have authority to review the district court’s “factual determination that a

genuine factual dispute exists.” Ducksworth v. Landrum, 62 F.4th 209, 212

(5th Cir. 2023) (citations omitted). However, we can review “whether those

factual disputes, viewed in the light most favorable to the plaintiff, are

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‘material to the application’” of immunity. Harris, 47 F.4th at 275 (emphasis

in original) (quoting Samples v. Vadzemnieks, 900 F.3d 655, 660 (5th Cir.

2018)). With the City’s appeal, we do just that—only considering whether

the City is entitled to sovereign immunity despite the factual disputes in the

record.

Although we conclude that we have jurisdiction over the City’s

appeal, we cannot say the same for the Waltons’ cross-appeal. For us to have

interlocutory jurisdiction, the district court’s decision must qualify as a

collateral order as to each party. See id. (citing Swint v. Chambers Cnty.

Comm’n, 514 U.S. 35, 42 (1995)). The district court held that Long was

entitled to qualified immunity relating to the Waltons’ federal claims because

the Waltons could not show the violation of a constitutional right. Therefore,

the Waltons also could not sustain their federal claims against the City.

And while we may review the denial of claims of qualified immunity

under the collateral-order doctrine, the doctrine does not encompass orders

granting qualified immunity. Elizondo, 671 F.3d at 509 (noting that denials of

qualified immunity are immediately appealable but “the same does not hold

for an order granting qualified immunity”). Orders granting qualified

immunity “can be fully and fairly reviewed after a final judgment.” Id. at

509–10 (citations omitted). Accordingly, they are not subject to interlocutory

review. Id.

Here, the Waltons assert that the collateral-order doctrine should

apply.2 For the doctrine to apply, a final order must (1) conclusively

2

The Waltons do not reference the doctrine by name; instead, they rely on Cohen

v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), for the proposition that their federal

claims are part of a “small class of cases where claims of right are separable from other

rights, which are too important to be denied review.” But Cohen merely pronounced the

collateral-order doctrine for the first time. See La. Real Est. Appraisers Bd. v. Fed. Trade

Comm’n, 917 F.3d 389, 391–92 (5th Cir. 2019). Consequently, we consider whether the

federal claims here are subject to the collateral-order doctrine.

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determine the disputed question, (2) resolve an issue completely separate

from the merits of the action, and (3) be effectively unreviewable on appeal

from a final judgment. Tracy, 43 F.4th at 475 (citations omitted). But the

Waltons fail to provide any reason for why the district court’s dismissal of

their claims cannot be effectively reviewed later, and the district court’s

dismissal of the federal claims did not resolve a pertinent issue separable from

the merits of the Waltons’ case.

Therefore, we do not have jurisdiction to consider the Waltons’

appeal and conclude that it should be dismissed. Having cleared the

jurisdictional hurdle, we shift to the merits of the City’s appeal.

III.

Our court typically reviews a decision to grant or deny a motion to

reconsider under Rule 59(e) for an abuse of discretion. Miller v. BAC Home

Loans Servicing, L.P., 726 F.3d 717, 721–22 (5th Cir. 2013) (citing Pioneer Nat.

Res. USA, Inc. v. Paper, Allied Indus., Chem. & Energy Workers Intern. Union

Loc. 4-487, 328 F.3d 818, 820 (5th Cir. 2003)). “To the extent that a ruling

was a reconsideration of a question of law, however, the standard of review is

de novo.” Id. at 722 (quoting Pioneer Nat. Res. USA, 328 F.3d at 820).

IV.

On appeal, the City contends that the district court erred in refusing

to grant sovereign immunity relating to the Waltons’ MTCA claims. We

agree.

At the outset, it is pivotal to understand the exact claims that the

Waltons bring against the City—which is not abundantly clear from their

complaint. Under Count III of the Waltons’ complaint entitled, “Claims

Made Under the Mississippi Tort Claims Act,” the Waltons generally

alleged that the MTCA waives the state’s immunity for claims “arising out

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of the torts of such governmental entities and the torts of their employees[.]”

But the Waltons never explained the tort that the City or Long committed.

Instead, they generally alleged that the City and Long “owed a duty of care

to the Waltons,” and that Long’s actions “violated well-established law” and

“were taken in reckless disregard” for the Waltons’ safety. These general

assertions do not indicate a precise tort. To the contrary, it appears the

Waltons crafted their complaint based on a flawed understanding of the

MTCA.

The MTCA “provides the exclusive civil remedy against a

governmental entity or its employees for acts or omissions which give rise to

a suit.” Horton ex rel. Est. of Erves v. City of Vicksburg, 268 So. 3d 504, 508

(Miss. 2018) (quoting Stewart ex rel. Womack v. City of Jackson, 804 So. 2d

1041, 1046 (Miss. 2002)). And as a general matter, the MTCA cloaks the

state and its political subdivisions with sovereign immunity. Williams v. City

of Batesville, 313 So. 3d 479, 482 (Miss. 2021) (citing MISS. CODE ANN.

§ 11-46-3). “But the [Mississippi] Legislature waived sovereign immunity for

‘claims for money damages arising out of the torts of such governmental

entities and the torts of their employees while acting within the course and

scope of their employment.’” Id. (quoting MISS. CODE ANN. § 11-46-

5(1)). So, the general rule is that political subdivisions like the City are not

immune from tort claims. Wilcher v. Lincoln Cnty. Bd. of Supervisors, 243 So.

3d 177, 181 (Miss. 2018).

There are, however, exceptions to that waiver of immunity;

specifically, under MTCA section 11-46-9(1), the Legislature reinstated

sovereign immunity for certain types of claims. Id. (citing MISS. CODE

ANN. § 11-46-9(1)); Williams, 313 So. 3d at 482. Relevant here, section 11-

46-9(1)(c) of the MTCA shields a governmental entity from liability for any

claim arising out of an employee’s actions while “engaged in the

performance or execution of duties or activities relating to police or fire

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protection unless the employee acted in reckless disregard of the safety and well-

being of any person not engaged in criminal activity at the time of injury.” MISS.

CODE ANN. § 11-46-9(1)(c) (emphasis added).

Section 11-46-9(1) “restores sovereign immunity.” Wilcher, 243 So.

3d at 184 (citing Simpson Cnty. v. McElroy, 82 So. 3d 621, 624 (Miss. Ct. App.

2011)). “It does not in itself create duties.” Id. (quoting Simpson Cnty., 82

So. 3d at 624). Nor does the MTCA “grant a right to recover based on a mere

violation of statute or regulation.” Id. (citing Taylor v. Delta Reg’l Med. Ctr.,

186 So. 3d 384, 390–91 (Miss. Ct. App. 2016)). Thus, before determining

whether a party is entitled to immunity under section 11-46-9(1), there is a

critical first step: identifying a valid tort that gives rise to a claim under the

MTCA. See Strickland ex rel. Strickland v. Rankin Cnty. Sch. Dist., 341 So. 3d

941, 945 (Miss. 2022) (deciding claim to immunity under a provision found

in § 11-46-9(1) and noting that the immunity decision “comes after an

important pre-test step—namely identifying ‘the allegedly tortious act giving

rise to the claim.”’ (emphasis in original) (quoting Wilcher, 243 So. 3d at

187)).

Considering the Waltons’ ambiguous complaint, they arguably missed

that critical first step by generally alleging that Long acted with “reckless

disregard,” merely referencing section 11-46-9(1)(c) and not identifying a

specific tort. The City urges us to dismiss the Waltons’ claims on this basis

alone—a point they argued in the district court. See id. (holding plaintiff’s

MTCA claim should be dismissed because the plaintiff “failed to allege a tort

claim—let alone produce any evidence in support of his claim”). In response,

the Waltons argue that they have always alleged claims for negligence and

negligence per se and simply used the MTCA’s parameters as a backdrop.

They support that assertion by noting that they pleaded that “Long and

Verona owed a duty of care,” which is an element for a negligence claim.

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We do not need to address this issue. Even assuming the Waltons

properly alleged their claims, the undisputed evidence demonstrates that

they cannot sustain a negligence action here. The elements for a negligence

claim are (1) duty, (2) breach of duty, (3) causation, and (4) damages. Chaffee

ex rel. Latham v. Jackson Pub. Sch. Dist., 270 So. 3d 905, 907 (Miss. 2019)

(citing Todd v. First Baptist Church of W. Point, 993 So. 2d 827, 829 (Miss.

2008)). To recover against a defendant, a plaintiff must first establish the

existence of some duty. Id. (citing Todd, 993 So. 2d at 829). But the Waltons

cannot do so.

“The existence of a duty is a question of law.” Pritchard v. Von

Houten, 960 So. 2d 568, 579 (Miss. Ct. App. 2007) (citing Rein v. Benchmark

Const. Co., 865 So. 2d 1134, 1143 (Miss. 2004)). Under Mississippi law,

“[t]he duty to control the conduct of others is a narrow one.” Holland v.

Murphy Oil USA, Inc., 290 So. 3d 1253, 1256 (Miss. 2020) (citation omitted).

Indeed, the duty usually does not exist unless there is a “special relationship

between the actor and the third party that imposes a duty for the actor to

control the third party or . . . a special relationship between the actor and the

injured party that gives the injured party a right to protection.” Id. (citations

omitted). Furthermore, Mississippi follows the public-duty doctrine, which

generally provides that “the statutorily[] imposed duties of a sheriff in

Mississippi are duties owed to the public as a whole and are, therefore, not

actionable by a specific plaintiff, absent a compelling showing of

extraordinary circumstances.” Gant v. Maness, 786 So. 2d 401, 405 (Miss.

2001) (citing Robinson v. Est. of Williams, 721 F. Supp. 806, 808 (S.D. Miss.

1989)); see also Dependants of Reid v. City of Canton, 858 So. 2d 163, 167 (Miss.

Ct. App. 2003) (applying Gant’s duty test to a city’s mayor, aldermen, and

police chief). Stated simply, to satisfy the public-duty doctrine, a plaintiff

must show that a sheriff, or in this case, a police chief, “owed him or her a

more direct duty distinct from the duties . . . owe[d] to the public as a whole.”

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Floyd v. Tunica Cnty., 333 So. 3d 864, 872 n.4 (Miss. Ct. App. 2022) (citing

Gant, 786 So. 2d at 405–06).

Returning to the case at hand, we conclude that Long had no special

duty to protect the Waltons besides his general duty to keep the public safe

as the City’s Chief of Police. The Waltons contend Long had a duty to them

because Long had a “unique knowledge” of Betts’s involvement with the

Waltons. But that notion is belied by the record. The only evidence that

demonstrates Long had knowledge of any connection between Betts and the

Waltons comes from Long’s investigative file, where there is a copy of a

trespassing complaint that Annie filed against Betts in 2016. Not only does

that complaint come from two years before the shooting at the Waltons’

house, but it also was filed with the Lee County Sheriff’s Department—not

the Verona Police Department. Long would have had no duty to investigate

that complaint. In any event, this sole piece of evidence does not come close

to establishing that Long had a special relationship to the Waltons or that

Long himself had a duty to control Betts’s actions. See Gant, 786 So. 2d at

405; Holland, 290 So. 3d at 1256. Thus, Long did not owe a duty to the

Waltons here. See Gant, 786 So. 2d at 405.

Moreover, we find the Waltons’ arguments to hold otherwise

unpersuasive. For instance, the Waltons argue that the public-duty doctrine

cannot be squared with the MTCA’s immunity provision at section 11-46-

9(1)(c). To be sure, the Mississippi Supreme Court has not specifically

addressed “whether the MTCA and its ‘reckless disregard’ standard

supersedes or subsumes the ‘public duty doctrine’ as a limitation on

liability.”3 Floyd, 333 So. 3d at 872 n.4 (citing Dean v. Walker, 743 F. Supp.

3

We note that Gant did not necessarily have the opportunity to opine on this issue

since the MTCA was enacted after the events in the case occurred. 786 So. 2d at 407 n.1

(“The facts of this case . . . occurred in April[] 1991, prior to the Legislature’s adoption of

the Mississippi Tort Claims Act[.]”).

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2d 605, 607 (S.D. Miss. 2010)). But we are unconvinced that it affects the

doctrine for two reasons. First, as mentioned, section 11-46-9(1) does not

create duties. Wilcher, 243 So. 3d at 184. Thus, it would be passing strange to

think that 11-46-9(1)(c) somehow modifies the duty that police officers

otherwise have. Second, Mississippi law usually does not impose liability on

actors to control the conduct of another person absent a special relationship.

See Holland, 290 So. 3d at 1256. If the Waltons’ view were correct, section

11-46-9(1)(c) would radically change that ordinary rule, which would be an

odd result in light of the fact that section 11-46-9(1) does not impose any

duties. See Wilcher, 243 So. 3d at 177 (“[T]he MTCA does not grant a right

to recover based on a mere violation of statute or regulation.” (citing Taylor,

186 So. 3d at 390–91)). Accordingly, we do not believe that section 11-46-

9(1)(c) changes the result in this case.

This leaves the Waltons’ arguments on waiver. They contend that the

City failed to raise the public-duty doctrine at summary judgment. However,

in its opening brief for summary judgment, the City stated: “Plaintiffs have

not identified any duty owed by the City to them in this context, and case law

set forth above holds that a municipality is not responsible for private

violence.” Though the City did not use the terms “public-duty doctrine,”

the City’s argument plainly raised the issue of duty and Long’s lack of

specific duty to the Waltons here. Alternatively, the Waltons submit that the

City waived the public-duty doctrine as an affirmative defense. We have not

found a case indicating that the public-duty doctrine is an affirmative defense

under Mississippi law. Rather, the doctrine appears to go towards an element

of a plaintiff’s prima facie case. See Gant, 786 So. 2d at 405–06 (holding sheriff

was not liable for negligence because sheriff lacked duty to plaintiff).

Nonetheless, even if the doctrine is considered an affirmative defense, we

have “repeatedly rejected waiver arguments when a defendant raised an

affirmative defense for the first time at summary judgment—or even later.”

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Motion Med. Techs., L.L.C. v. Thermotek, Inc., 875 F.3d 765, 772 (5th Cir.

2017) (collecting cases). A defendant may avoid waiver “if (1) the defendant

raised the affirmative defense ‘at a pragmatically sufficient time,’ and (2) the

plaintiff ‘was not prejudiced in its ability to respond.’” Id. at 771 (quoting

Lucas v. United States, 807 F.2d 414, 418 (5th Cir. 1986)). As noted, the City

raised Long’s lack of a specific duty in its motion for summary judgment.

Presenting the defense at summary judgment was at a sufficient time,

especially when the Waltons did not clarify the exact tort claim they were

bringing. See Pasco ex rel. Pasco v. Knoblauch, 566 F.3d 572, 578 (5th Cir. 2009)

(raising defense at summary judgment was appropriate). Also, there is no

evidence that the Waltons were prejudiced. The Waltons had the

opportunity to respond to the issue, and the district court even found that

their MTCA claims should survive summary judgment. See id. (“No

evidence indicates that Pasco was prejudiced by the late assertion or that

Knoblauch intentionally delayed raising the defense to prejudice Pasco.”).

Waiver did not occur here.

In sum, we hold that Long did not owe a duty to protect the Waltons

from Betts’s drive-by shooting. As a result, the Waltons cannot sustain their

negligence claims, and by proxy, their MTCA claims against the City. Thus,

the City is entitled to sovereign immunity. See Williams, 313 So. 3d at 482

(citing MISS. CODE ANN. § 11-46-3). While the Waltons’ case is

undoubtedly tragic, they cannot impose liability on the City based on the facts

of this case.

V.

For the foregoing reasons, we DISMISS the Waltons’ cross-appeal

for lack of jurisdiction and REVERSE and RENDER summary judgment

in the City’s favor as to the MTCA claims.

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