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DIBRELL v. CITY OF KNOXVILLE, TENNESSEE

No. 20-5528.

984 F.3d 1156 (2021)

Calvin Lyndell DIBRELL, Plaintiff-Appellant, v. The CITY OF KNOXVILLE, TENNESSEE; Officer Joey Whitehead, Officer Thomas Turner, Officer Richard White, Officer John Pickens, Officer Fred Kimber, Officer Christopher Jones, Officer Brian Baldwin, and Officer Horace Lane, Individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 8, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Terrell L. Tooten , Cordova, Tennessee, for Appellant. Ronald E. Mills , CITY OF KNOXVILLE, Knoxville, Tennessee, for Appellee City of Knoxville. E. Jerome Melson , GENTRY, TIPTON & MCLEMORE, P.C., Knoxville, Tennessee, for Appellees Whitehead, Turner, White, Pickens, Kimber, Jones, Baldwin, and Lane, in their individual capacities.

Before: SUTTON, BUSH, and MURPHY, Circuit Judges.

OPINION

The Supreme Court has repeatedly said that courts should look to the common law to establish the rules for constitutional claims under 42 U.S.C. § 1983 because the statute "creates a species of tort liability." Heck v. Humphrey, 512 U.S. 477, 483, 114 S.Ct. 2364...

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