United States Sixth Circuit

In a 42 U.S.C. section 1983 action brought against persons and entities involved in executing certain writs of execution against plaintiff, it was alleged that a seizure of his residence and a search of his person pursuant to the writs violated his constitutional rights. Summary judgment and other rulings for defendants are affirmed in part, vacated in part, and remanded where: 1) although the underlying litigation and judgment did not provide constitutionally adequate process for plaintiff's eviction, defendant-deputy was nevertheless entitled to qualified immunity; 2) deputy was also entitled to qualified immunity on a Fourth Amendment claim; 3) a verbal exchange did not amount to a search for Fourth Amendment purposes; 4) there was no "deliberate indifference" as to a failure to properly train the deputy; 5) claims against private-party defendants failed as their actions could not be attributed to the state; and 6) an attorney's fees award required reconsideration in light of the circuit court's findings.

Appellate Information

• Decided 04/19/2007
• Published 04/19/2007

Judges

• Before:  GILMAN and SUTTON, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen G. Anderson, Baker, Donelson, Bearman & Caldwell, Knoxville, Tennessee, for Appellant.  Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, W. Mitchell Cramer, Norton & Luhn, Knoxville, Tennessee, Kristen B. Amonette, Dodson, Parker & Behm, Nashville, Tennessee, Frank Q. Vettori, O'Neil, Parker & Williamson, Knoxville, Tennessee, for Appellees.   ON BRIEF:  Stephen G. Anderson, Andrew L. Colocotronis, Baker, Donelson, Bearman & Caldwell, Knoxville, Tennessee, for Appellant.  Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, W. Mitchell Cramer, Norton & Luhn, Knoxville, Tennessee, Donald Capparella, Dodson, Parker & Behm, Nashville, Tennessee, Frank Q. Vettori, O'Neil, Parker & Williamson, Knoxville, Tennessee, for Appellees.