LATEST SUMMARIES
ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS,
CONSTITUTIONAL LAW, DEBT COLLECTION
Revis
v. Meldrum, No. 06-5197, 06-5399
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. Read
more...
CIVIL PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL
ESTATE, PUBLIC UTILITIES, REMEDIES
City
of Cookeville v. Upper Cumberland Elec. Membership Corp., No.
05-5886; 06-5363
In a dispute over an element of
compensation that Tennessee law requires when a city annexes
territory and exercises its right to purchase electric utility
property within the annexed territory, an order requiring city to
pay reintegration costs of almost $6 million is affirmed as it was
legally proper and not clearly erroneous. However, an order
enjoining the city from providing electric service in the annexed
area, pending resolution of the compensation dispute, is reversed as
it improperly expanded the scope of the previous compensation order.
Read
more...
