United States Sixth Circuit
Johnson v. City of Memphis, 09-5046
In plaintiff's 28 U.S.C. section 1983 suit against defendant-city arising out of a home entry by police officers and the fatal shooting of plaintiff's husband, a denial of plaintiff's motion to reconsider a denial of her motion to amend her complaint and a grant of the city's motion for summary judgment is affirmed where: 1) the combination of a 911 hang call, an unanswered return call, and an open door with no response from within the residence is sufficient to satisfy the exigency requirement; and 2) because the plain language of the Tennessee Governmental Tort Liability Act preserves immunity for suits claiming negligent injuries arising from civil rights violations, district court did not err in denying plaintiff's motion to amend and reinstate her state law claim.
Appellate Information
- Argued 01/12/2010
- Decided 08/24/2010
- Published 08/24/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Walter Lee Bailey, Jr, Henry L. Klein, Sr