Madewell v. Garmon

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The defendant sheriff moved the Court for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, contending that he is protected from any liability herein by the provisions of T.C.A. § 8-832. * The motion lacks merit.

“ * * * Although T.C.A. § 8-832 does not immunize a Tennessee sheriff * * * from actions by a sheriff, himself, in violation of the federal civil rights statutes, Moore, v. Buckles, D.C.Tenn. (1975), 404 F.Supp. 1382, 1383[1], the doctrine of respondeat superior does not apply where monetary damages are sought against…