United States Sixth Circuit

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Hudson v. Hudson, 05-6575

Denial of qualified immunity for defendants-police officers from civil rights claims brought against them by the son and mother of decedent, who was murdered by her son's father despite protective orders and repeated calls to police, is reversed where: 1) the qualified immunity defense was available to defendants since they retained some discretion when enforcing protective orders under a Tennessee statute; and 2) they were entitled to qualified immunity from suit under either substantive or procedural due process theories.

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • Before:  BOGGS, Chief Judge;  COOK, Circuit Judge;  ROSE, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Mary Elizabeth McKinney, Godwin, Morris, Laurenzi & Bloomfield, Memphis, Tennessee, for Appellants.  William T. Winchester, The Law Offices of William T. Winchester, Memphis, Tennessee, for Appellees.   ON BRIEF:  Mary Elizabeth McKinney, Deborah E. Godwin, Godwin, Morris, Laurenzi & Bloomfield, Memphis, Tennessee, for Appellants.   William T. Winchester, The Law Offices of William T. Winchester, Memphis, Tennessee, for Appellees.