No. 23-5470

Cedric Adams v. Nick Diamond, et al.

Lower Court: Sixth Circuit
Docketed: 2023-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 civil-rights constitutional-rights due-process excessive-force governmental-tort-liability qualified-immunity standing
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2023-10-27
Question Presented (from Petition)

Should a local government be dismissed from acceptance of claims and the very beginning of a suit with prejudice giving absolute immunity without allowing time for factual allegations, evidence, documentation and record to be established for the negligent acts of their police officer according to 42 U.S.C § 1983 or the Tennessee Governmental Tort Liability Act?

Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when his conduct far exceeds the limits of that exception?

Whether a police officer can use the defense of Qualified Immunity according to an intentional tort of assault and battery?

Whether a police officer motivation or intent is relevant concerning a 42 U.S.C § 1983 claim or according to the Tennessee Governmental Tort Liability Act, TCA 202 and TCA 205 governing a police officer negligence?

Whether a Final Judgment Order is valid if that order fails to list or mention a state claim with supplemental jurisdiction?

Question Presented (AI Summary)

Should a local government be dismissed from acceptance of claims and the very beginning of a suit with prejudice giving absolute immunity without allowing time for factual allegations, evidence, documentation and record to be established for the negligent acts of their police officer according to 42 U.S.C § 1983 or the Tennessee Governmental Tort Liability Act?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-09-13
Waiver of right of respondents Nicholas Diamond and the Metropolitan Government of Nashville and Davidson County, Tennessee to respond filed.
2023-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)

Attorneys

Cedric Adams
Cedric Adams — Petitioner
Nicholas Diamond and the Metropolitan Government of Nashville and Davidson County, Tennessee
John W. AyersMetropolitan Department of Law, Respondent