449 F. App'x 444
6th Cir.2011Background
- Partee and his wife sued Callahan and the City of Memphis under § 1983 and for state-law torts arising from Partee’s arrest.
- Callahan, an off-duty MPD officer, followed Partee after a traffic incident and allegedly assaulted Partee at Partee’s home.
- District court dismissed the City’s GTLA immunity as to state-law claims; § 1983 claims proceeded.
- Trial occurred: Callahan and City prevailed on § 1983 claims; district court directed verdict for Callahan on some state-law claims.
- Partees appealed the district court’s dismissal of the City’s state-law GTLA claims and related immunity issues.
- Court affirmed the district court’s dismissal of the state-law claims against the City under GTLA, concluding the claims were barred by the civil rights exception and/or unsettled on the remaining theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GTLA immunity bars Partees’ negligent-hiring claims | Partee argues the City is liable for negligent hiring/supervision. | City contends the claims fall within GTLA’s civil-rights exception. | Affirmed: negligent-hiring claim barred by GTLA civil-rights exception or law-of-the-case on actionability. |
| Whether the City waived immunity by removal | Partees rely on Lapides-like waiver theory. | Cities lack Eleventh Amendment status; removal does not waive GTLA immunity. | Affirmed: no waiver by removal under GTLA. |
| Whether the district court properly dismissed direct negligence claims arising from Callahan’s arrest | Negligence claims were independent from § 1983. | Claims arise from civil rights context and fall within GTLA immunity. | Affirmed: dismissal correct as these claims arise under civil rights context and within GTLA exception. |
| Whether the law-of-the-case forecloses further GTLA interpretation on this record | Partees dispute but do not challenge directed verdict on negligence. | GTLA interpretation unnecessary given disposition. | Affirmed: law-of-the-case forecloses needing further GTLA interpretation. |
Key Cases Cited
- Johnson v. City of Memphis, 617 F.3d 864 (6th Cir. 2010) (GTLA intentional-tort exception includes civil rights claims)
- Limbaugh v. Coffee Med. Ctr., 59 S.W.3d 73 (Tenn. 2001) (foreseeability and negligent-hiring concepts under GTLA)
- Nolan v. Memphis City Schs., 589 F.3d 257 (6th Cir. 2009) (GTLA framework allowing city liability for employee misconduct)
- Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995) (strict construction of GTLA; delineates immunities)
- Morrison v. Allen, 338 S.W.3d 417 (Tenn. 2011) (elements of a Tennessee negligence claim under GTLA)
- Fed. Deposit Ins. Co. v. Stables, 573 F.3d 289 (6th Cir. 2009) (predicting state-law interpretation when needed)