15 F.4th 388
6th Cir.2021Background
- While in a Knox County holding cell after a misdemeanor DUI, Brian Devereux was motionless and unresponsive for several hours; corrections officers visited the cell but did not render timely medical care, and Devereux later was diagnosed with a stroke causing permanent neurological injury.
- Devereux and his wife sued the individual corrections officers and Knox County under 42 U.S.C. § 1983 (deliberate indifference to serious medical needs) and asserted parallel state-law negligence claims under the Tennessee Governmental Tort Liability Act (TGTLA), alleging statutory duties to provide medical care.
- Knox County moved to dismiss the TGTLA claims on sovereign-immunity grounds, invoking the TGTLA’s "civil rights exception"; the individual defendants sought qualified-immunity dismissal of the § 1983 claims.
- The district court (Sept. 2018) dismissed Knox County from the § 1983 municipal-liability claim but declined to dismiss the TGTLA negligence claim; later (Sept. 2019) it granted summary judgment to the individual defendants on § 1983 claims, excluded plaintiffs’ key expert, and declined to exercise supplemental jurisdiction over the remaining TGTLA claims, dismissing them without prejudice.
- Knox County appealed the jurisdictional/sovereign-immunity rulings and jointly with plaintiffs moved to certify to the Tennessee Supreme Court the question when the TGTLA civil-rights exception attaches; the Sixth Circuit vacated part of the district court’s 2018 reasoning on the TGTLA claim, vacated related parts of the 2019 order, affirmed other rulings, and denied the certification request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by declining to retain supplemental jurisdiction over Plaintiffs' TGTLA negligence claims after dismissing federal § 1983 claims | Devereux: letting state courts decide TGTLA claims is appropriate; district court may decline jurisdiction | Knox County: district court should have retained jurisdiction and ruled the TGTLA civil-rights exception bars the negligence claims | The Sixth Circuit held the district court did not abuse its discretion to decline supplemental jurisdiction and dismissed the TGTLA claims without prejudice (affirming in substance) |
| Whether the TGTLA civil-rights exception only applies if a federal civil-rights claim remains pending or is adjudicated as a civil-rights violation | Devereux: exception should not apply when federal civil-rights claim is dismissed on the merits/lack of evidence | Knox County: exception applies if the state negligence claim arises from the same facts as the alleged civil-rights violation regardless of federal outcome | The Sixth Circuit relied on Tennessee authority (e.g., Cochran) showing the exception can apply even absent a pending/successful federal determination; but because district court's prior rationale misstated the law, that rationale was vacated and left for state court to consider |
| Whether the district court's 2018 order (allowing the TGTLA claim to survive) will collateral-estop Knox County in state court and thus requires correction | Devereux: the court's ruling left the negligence claim viable and did not preclude state litigation | Knox County: the 2018 rationale prejudicially forecloses sovereign-immunity defense in state court by preclusion | The Sixth Circuit vacated the district court's 2018 rationale regarding the TGTLA negligence claim (and related 2019 passages) to avoid collateral estoppel and permit Tennessee courts to decide the issue anew |
| Whether the Sixth Circuit should certify to the Tennessee Supreme Court the question of when the TGTLA civil-rights exception attaches | Plaintiffs: sought certification to resolve controlling Tennessee-law question | Knox County: joined the certification request but argued for a ruling in federal court favoring dismissal | The Sixth Circuit denied certification, reasoning existing Tennessee appellate precedent is sufficiently clear and certification would cause unnecessary delay |
Key Cases Cited
- Johnson v. City of Memphis, 617 F.3d 864 (6th Cir. 2010) (TGTLA preserves immunity for negligence claims arising from the same facts as § 1983 civil-rights claims)
- Gregory v. Shelby County, 220 F.3d 433 (6th Cir. 2000) (district courts may decline supplemental jurisdiction over TGTLA claims given Tennessee's preference for state-court adjudication)
- Cochran v. Town of Jonesborough, 586 S.W.3d 909 (Tenn. Ct. App. 2019) (the civil-rights exception can apply even without an express finding that a civil-rights violation occurred)
- Mullins v. State, 294 S.W.3d 529 (Tenn. 2009) (elements for claim preclusion and preclusive effect of final judgments)
- Henderson v. United States, 568 U.S. 266 (U.S. 2013) (appellate courts apply the law in effect at the time they render decision)
- Briscoe v. Fine, 444 F.3d 478 (6th Cir. 2006) (discussed limits of appellate review on prejudicial dismissal and implications of cross-appeals)