Mississippi Department of Corrections v. Greg L. Galloway

── Mississippi Department of Corrections v. Greg L. Galloway ── Court: Court of Appeals of Mississippi Date: May 12, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2024-CA-01092-COA MISSISSIPPI DEPARTMENT OF APPELLANT CORRECTIONS v. GREG L. GALLOWAY APPELLEE DATE OF JUDGMENT: 08/22/2024 TRIAL JUDGE: HON. ELEANOR JOHNSON PETERSON COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT ATTORNEY FOR APPELLANT: OFFICE OF THE ATTORNEY GENERAL BY: WILSON DOUGLAS MINOR ATTORNEYS FOR APPELLEE: JEFFERY P. REYNOLDS JASON MATTHEW KIRSCHBERG CARSON HOLT THURMAN NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: REVERSED AND REMANDED - 05/12/2026 MOTION FOR REHEARING FILED: BEFORE WILSON, P.J., McCARTY AND EMFINGER, JJ. WILSON, P.J., FOR THE COURT: ¶1. Greg Galloway sued his former employer, the Mississippi Department of Corrections (MDOC), alleging that MDOC failed to pay him overtime wages and reimburse him for meal expenses. The Hinds County Circuit Court sanctioned MDOC and ultimately entered a default judgment against MDOC on the issue of liability after finding that MDOC failed to comply with the court’s order compelling discovery. The circuit court subsequently awarded Galloway $7,231.63 in damages and all “reasonable attorneys’ fees and expenses incurred in pursuing his claims in this matter” ($52,433.85). On appeal, MDOC challenges only the award of attorneys’ fees. For the reasons explained below, the record does not support the amount of attorneys’ fees awarded. Therefore, we reverse and remand for further proceedings consistent with this opinion. FACTS AND PROCEDURAL HISTORY ¶2. Galloway was formerly employed by MDOC as a probation/parole officer. When riots broke out at the Mississippi State Penitentiary at Parchman in December 2019 and January 2020, then-MDOC Commissioner Pelicia Hall allegedly authorized overtime pay for officers who worked emergency security at Parchman. Galloway worked the security detail at Parchman from January to March 2020. In November 2021, MDOC allegedly authorized overtime pay for officers who transported inmates to and from hospitals for treatment. Galloway worked multiple shifts transporting inmates to and from hospitals in the Memphis area in November 2021. Galloway resigned from MDOC in December 2021. ¶3. In December 2022, Galloway served MDOC with a pre-suit demand for unpaid overtime wages and reimbursements for meal expenses. After receiving no response, Galloway sued MDOC in the Hinds County Circuit Court for breach of contract and violations of his rights under the Mississippi Constitution. Galloway’s breach-of-contract claim relied on the Mississippi State Employee Handbook. MDOC timely answered and asserted a defense that the circuit court lacked subject matter jurisdiction. ¶4. Galloway’s lawsuit was one of at least five similar lawsuits filed against MDOC in Hinds County, four of which were filed in the Hinds County County Court. See MDOC v. McClure, 386 So. 3d 372, 376, 379 (¶¶9, 21) & n.1 (Miss. 2024). The same attorneys 2 represented the plaintiffs in all five cases.1 In the previously filed cases, MDOC had argued that the court lacked subject matter jurisdiction because the employees’ exclusive remedy was an appeal to the Employee Appeals Board (EAB). Id. at 375-76 (¶7). In McClure, the county court denied MDOC’s motion to dismiss for lack of subject matter jurisdiction but also stayed discovery pending a ruling on MDOC’s petition for interlocutory appeal. MDOC filed its pe