Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Poe v. Gist

Court of Appeals of Tennessee, Jackson

June 11, 2018

CORNELL POE
v.
CITY OF JACKSON MAYOR JERRY GIST ET AL.

          Assigned on Briefs September 1, 2017

          Appeal from the Circuit Court for Madison County No. C-16-282 Kyle C. Atkins, Judge

         A passenger on a Jackson Transit Authority bus was arrested as a result of an altercation with the driver; the arrest led to the passenger's parole being revoked and his resulting incarceration. The passenger brought suit, asserting claims for slander and libel under the Tennessee Governmental Tort Liability Act and Tennessee Public Protection Act against the Transit Authority and certain of its employees, and the Mayor and various employees of the City of Jackson. The trial court granted summary judgment in favor of the defendants, and this appeal followed. Upon our review, we have determined that the complaint fails to allege causes of action under the Governmental Tort Liability Act and the Public Protection Act, and that the causes of action asserted against the individual defendants are barred by the statute of limitations. Accordingly, we affirm the judgment of the trial court dismissing the case.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed.

          Cornell Poe, Whiteville, Tennessee, Pro Se.

          Dale Conder, Jr., Jackson, Tennessee, for the appellees, City of Jackson Mayor, Jerry Gist; City of Jackson Personnel Director, Lynn B. Henning; Jackson Transit Authority General Manager, Travis Franklin; City Employee, Bus Driver, Lonell Theus, Jr.; City of Jackson Chief of Police, Julian Wiser; and Jackson Police Officer, Robert Beilke.

          Richard H. Dinkins, J., delivered the opinion of the court, in which D. Michael Swiney, C.J., and J. Steven Stafford, P.J., W.S., joined.

          MEMORANDUM OPINION [1]

          RICHARD H. DINKINS, JUDGE

         This case arises from an incident that occurred on November 3, 2015, when Cornell Poe, while riding on a bus operated by the Jackson Transit Authority ("JTA"), was involved in an altercation with the driver of the bus, Lonell Theus, Jr. As a result of this incident, Mr. Poe was arrested; his parole was subsequently revoked, and he was incarcerated.

         Mr. Poe brought suit on November 7, 2016, against Jerry Gist, Mayor of the City of Jackson; Lynn B. Henning, Personnel Director for the City of Jackson; Mr. Theus; Julian Wiser, Police Chief for the City of Jackson, and Robert Beilke, a police officer for the City of Jackson (collectively referred to as "the defendants"), asserting claims under the Tennessee Governmental Tort Liability Act ("GTLA"), Tennessee Code Annotated section 29-20-101, et seq., and the Tennessee Public Protection Act ("TPPA"), Tennessee Code Annotated section 50-1-304, for slander and libel. On November 27, he amended the complaint to add JTA General Manager, Travis Franklin, as a defendant.

         In due course, the defendants filed a motion for summary judgment; they supported this motion with a statement of undisputed material facts, a memorandum of law, and two affidavits. As bases for summary judgment, the defendants asserted that the statute of limitations at Tennessee Code Annotated section 28-3-103 barred Mr. Poe's claim; that he failed to allege facts to state a claim under the TPPA; that the allegation in the complaint against Mr. Gist was untrue; that the complaint contained no factual allegations against Mr. Wiser and Ms. Henning; that JTA was immune from suit; and that the Parole Board's finding of probable cause to revoke his parole necessitated a finding that he was at fault in the altercation and barred his claim.

         Defendants set forth the following undisputed material facts:

1 .Mayor Gist is not Jackson Transit Authority's ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.