The opinion of the court was delivered by: Thomas W. Phillips United States District Judge
These two consolidated civil rights action were brought pursuant to 42 U.S.C. § 1983. The following motions are currently pending:
1. Defendant Knox County's motions for summary judgment [Court Files #147, #150];
2. Defendant Jeanette Harris' motion for summary judgment [Court File #148];
3. Defendant Larry Moore's motion for summary judgment [Court File #149];
4. Defendant John Huff's motion for summary judgment [Court File #153];
5. Defendant Timothy Hutchison's motion for protective order [Court File #189];
6. Plaintiffs' motion for additional time to respond to defendants' summary judgment motions [Court File #196]; and
7. Plaintiffs' motion to amend their complaints [Court File #205].
For the reasons that follow, these motions will be granted in part and denied in part.
I. Procedural Background Plaintiffs Candice Rana Sulfridge and Adam
Travis Davis each filed separate civil rights lawsuits in this court and nearly identical claims in state court arising out of the same incidents. The defendants removed the state court lawsuits to this court and all four lawsuits were consolidated in the interest of judicial economy. See Court File #46. This court has undisputed jurisdiction over the federal civil rights claims asserted under 42 U.S.C. § 1983. However, at a hearing on September 26, 2006, this court exercised its discretion to decline supplemental jurisdiction over the state law claims under 28 U.S.C. § 1367 and remanded all state law claims to state court [Court File #140]. Thus, the only remaining claims before the court are plaintiffs' federal civil rights claims under 42 U.S.C. §§ 1983 and 1988(a).
The following factual allegations are considered in the light most favorable to the plaintiffs and are taken from an affidavit and deposition testimony of plaintiff Candice Sulfridge.
On April 5, 2004, plaintiff Candice Sulfridge was riding in her own car, which was then being driven by her boyfriend, plaintiff Adam Travis Davis. They stopped at a Wal-Mart in North Knoxville. Cars were parked on both sides and in front of the car. Plaintiff Davis went into the Wal-Mart while plaintiff Sulfridge waited in the car in the passenger seat.
While plaintiff Sulfridge was waiting in the car, plaintiff Davis came out of the Wal-Mart and got into the driver's seat and began backing out of the parking space. In her affidavit, Ms. Sulfridge stated the following:
9. The person in uniform came to the side of the car.
10. I later learned that person was Knox County Sheriff Deputy John Huff.
11. As Deputy Huff was at the driver's side of the car, he was yelling and cussing at Adam.
12. Deputy Huff's [sic] was acting crazy, he was in a rage.
13. Deputy Huff was banging his gun on the car and on the ...