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SMITH v. HEATH

No. 80-5415.

691 F.2d 220 (1982)

Fletcher Altman SMITH, and Marguerite Elizabeth Smith, Plaintiffs-Appellees, v. Don HEATH, Defendant, and Jack Rohtert, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1982.

Rehearing and Rehearing Denied February 23, 1983.

Attorney(s) appearing for the Case

Peter H. Curry, William Howard (argued), Nashville, Tenn., for defendant-appellant.

George C. Paine, II, Keith M. Lundin (argued), Daniel C. Kaufman, Waddey & Newport, Nashville, Tenn., for plaintiffs-appellees.

Before MARTIN, Circuit Judge, WEICK, Senior Circuit Judge, and HILLMAN, District Judge.

Rehearing and Rehearing En Banc Denied February 23, 1983.

HILLMAN, District Judge.

Jack Rohtert, a homicide detective with the Nashville and Davidson County [Tennessee] Metropolitan Police, appeals a judgment against him in the amount of $39,524.95 for willfully violating the constitutional rights of Fletcher Altman Smith [Smith] and Marguerite Elizabeth Smith [M. E. Smith]. (Although sharing the same last name, Smith and M. E. Smith are not related.)

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