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Harvey v. Evans

March 2, 2007

GARY LYNN HARVEY AND STATE OF TENNESSEE ON RELATION OF GARY LYNN HARVEY, PLAINTIFFS,
v.
JAMES MICHAEL EVANS, ET AL., DEFENDANTS.
GARY LYNN HARVEY AND STATE OF TENNESSEE ON RELATION OF GARY LYNN HARVEY, PLAINTIFFS,
v.
JAMES MICHAEL EVANS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Leon Jordan United States District Judge

MEMORANDUM OPINION

This civil action is before the court for consideration of the "Motion for Summary Judgment of Defendant Timothy Hutchison in His Individual Capacity" [doc. 28] and "Defendant Timothy Hutchison's Supplemental Motion for Summary Judgment" [doc. 70]. Plaintiff has filed a response and a supplemental response to the original motion [docs. 46, 47]. In spite of twice being given additional time to file a substantive response to the supplemental motion for summary judgment [docs. 81, 86],*fn1 plaintiff has not submitted any further response to this motion. The court has determined that oral argument is unnecessary, and the motions are ripe for the court's determination. For the reasons stated herein, the motions will be granted, and defendant Hutchison in his individual capacity will be dismissed.

I.

Factual Background The facts that follow are taken from the complaint. The incident that generated this case occurred on May 10, 2003. Defendant deputy sheriff Evans knocked on plaintiff's apartment door and told him to turn his music down. Evans was a security guard at the apartment complex as well as a deputy sheriff. Plaintiff alleges that Evans tried to force his way into his apartment after plaintiff told Evans he could not enter. Evans left and approximately five minutes later defendants Gresham and Tipton, also deputy sheriffs, arrived on the scene. The three officers knocked on plaintiff's door and asked him to step outside. When plaintiff declined to step outside, the three officers entered the apartment and beat plaintiff such that he required medical attention.

The material allegations pertaining to defendant Hutchison are set out in the following paragraphs of the complaint:

DEFENDANT HUTCHISON'S FAILURE AND NEGLECT TO PERFORM HIS DUTIES AS SHERIFF

100. The foregoing allegations are incorporated into this cause of action as though set out verbatim.

101. Defendant HUTCHISON is required to perform duties as Sheriff of Knox County by Tennessee Law and Knox County Law.

102. Defendant HUTCHISON failed and neglected to perform the duties required of him to train, supervise and discipline his officers by failing to train and supervise his officers in their conduct while exercising their authority while working for private persons; by failing to train and supervise his officers on the entry into private residences; by failing to train and supervise his officers on the lawful use of force in making arrest for misdemeanors; by failing to train and supervise his officers on the use of pre and post misdemeanor citations; and by being deliberately indifferent to the use of excessive force by his officers.

103. Defendant HUTCHISON'S breach of his duty was a contributing cause of Plaintiff's injuries.

104. Plaintiff sues Defendant HUTCHISON for the breach of his duty.

LIABILITY ON SHERIFF'S OFFICIAL BOND

109. The foregoing allegations are incorporated into this cause of action as though set out verbatim.

110. Plaintiff brings this action on relation of the STATE OF TENNESSEE and sues Defendant HUTCHISON individually under his bond as provided for in T.C.A.[§] 8-18- 301*fn2 for Defendant HUTCHISON'S failures and neglect of the duties required of him as sheriff as specified in this complaint.*fn3 ...


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