809 F. Supp. 2d 820
E.D. Tenn.2011Background
- Plaintiffs Dillingham and Mills filed a §1983 action alleging Fourth Amendment excessive force by Deputy Millsaps and Deputy McLemore, and supervisory liability by Sheriff Bivens and Monroe County.
- May 11, 2007 car accident near Monroe County, Tennessee left Mills with a fractured right femur and Dillingham with various injuries; EMS transported them to UT Medical Center.
- Dillingham asserts Deputies tasered, beat, and verbally abused him while he was immobilized; Mills asserts he was awakened by a kick to his leg but alleges only minor contact by Deputies.
- Millsaps contends he used force only to restrain a combative Dillingham; Millsaps and McLemore were investigated; both deputies were discharged from the Sheriff’s Department during internal investigations.
- Court addresses standing, individual liability of deputies, supervisory liability, municipal liability under Monell, and state-law TGTLA claims; several claims dismissed, some issues reserved for trial or unresolved due to material factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dillingham has standing for Fourth Amendment claim | Dillingham seized; taser/force violated Fourth Amendment. | Mills not seized; no standing for Millsaps or McLemore claims. | Dillingham has standing; Millsaps/McLemore claims lack standing. |
| Excessive force by Deputies Millsaps and McLemore under Fourth Amendment | Use of taser and force violated rights during seizure. | Force may be reasonable given circumstances; disputed facts require jury. | Genuine issues of material fact preclude summary judgment for the Fourth Amendment claim against Millsaps and McLemore. |
| Supervisory liability of Sheriff Bivens under §1983 | Bivens implicitly authorized misconduct by failing to train. | No personal involvement; absence of pattern or deliberate indifference; claim improper against Bivens. | Dillingham's supervisory claim against Bivens dismissed with prejudice; no underlying constitutional violation by deputies established as to Bivens. |
| Monroe County liability for failure to train under Monell | County policy/custom inadequate training on tasers/force. | Insufficient evidence of deliberate indifference; training adequate; no municipal policy causing violation. | Monroe County claims dismissed; no Monell policy or custom shown to violate rights. |
| State-law claims under the Tennessee TGTLA against Monroe County and Sheriff Bivens | Negligence, IIED, assault/battery; failure to train linked to civil rights violation. | Civil rights exception immunizes state-law claims; individual immunities apply. | TGTLA civil rights exception bars negligence, IIED, and assault/battery claims; other state-law claims dismissed as to individual Sheriff Bivens. |
Key Cases Cited
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (seizure analysis and stop-and-frisk standard)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (consensual encounter does not equal seizure)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for excessive force)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (deliberate indifference standard for failure-to-train claims)
- Monell v. Department of Social Services of New York, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom; no vicarious liability)
- Leach v. Shelby County, 891 F.2d 1241 (6th Cir. 1989) (official-capacity suits treated as suits against municipality)
- City of Los Angeles v. Heller, 475 U.S. 796 (U.S. 1986) (supervisor liability and municipal liability principles)