farm, penitentiary or other such institution when the claim is filed. Miss.Code Ann. § ll-46-9(l)(m) (Supp. 2001). In Sparks v. Kim, 701 So.2d 1113, 1114 (Miss.1997), the Mississippi Supreme Court applied this exception to a wrongful death claim. Thus, § ll-49-9(l)(m) bars Phillips’s state law negligence claim against Monroe County. Phillips asserts in her brief that this provision is unconstitutional on the grounds that it violates the Equal Protection clause of the Fourteenth Amendment by denying equal protection to prisoners. We find that Phillips waived the constitutionality issue by failing to present it in either her original or amended complaint, as well as by failing to include it in the pretrial order. See Elvis Presley Enters., Inc. v. Capece, 141 F.3d 188, 206 (5th Cir.1998) (<HOLDING>); Ysleta del Sur Pueblo v. State of Texas, 36
holding that issues not fairly presented to the trial court are waived holding issues not raised in appellate brief are waived holding that parties are bound by the stipulated facts in a pretrial order holding that claims or issues omitted from the pretrial order are waived even if they appeared in the complaint holding that exhaustion of issues is waived if not raised by the government