MOLLIE SLAYBAUGH; MICHAEL SLAYBAUGH v. RUTHERFORD COUNTY, TENNESSEE; RUTHERFORD COUNTY SHERIFF’S DEPARTMENT; TOWN OF SMYRNA, TENNESSEE - Articles

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MOLLIE SLAYBAUGH; MICHAEL SLAYBAUGH v. RUTHERFORD COUNTY, TENNESSEE; RUTHERFORD COUNTY SHERIFF’S DEPARTMENT; TOWN OF SMYRNA, TENNESSEE

Posted by: Azya Thornton on Sep 3, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Jeffrey H. Redfern, INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellants.

Attorneys 2: ARGUED: Nick Christiansen, HUDSON, REED & CHRISTIANSEN, PLLC, Murfreesboro, Tennessee, for Rutherford County Appellees.

Attorneys 3: ARGUED: Robert M. Burns, HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee Smyrna, Tennessee.

Attorneys 4: ON BRIEF: Jeffrey H. Redfern, Suranjan Sen, INSTITUTE FOR JUSTICE, Arlington, Virginia, Daniel A. Horwitz, HORWITZ LAW, PLLC, Nashville, Tennessee, for Appellants.

Attorneys 5: ON BRIEF: Nick Christiansen, HUDSON, REED & CHRISTIANSEN, PLLC, Murfreesboro, Tennessee, for Rutherford County Appellees.

Attorneys 6: ON BRIEF: Robert M. Burns, Hannah G. Moore, HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee Smyrna, Tennessee.

Attorneys 7: ON BRIEF: Erich R. Eiselt, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, Rockville, Maryland, for Amicus Curiae.

Judge(s): BUSH, NALBANDIAN, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

JOHN K. BUSH, Circuit Judge. James Conn murdered Savannah Puckett. His parents, Mollie and Michael Slaybaugh, were among those who suffered the consequences. Police damaged the Slaybaughs’ home while arresting Conn. The Slaybaughs filed this action under 42 U.S.C. § 1983, seeking to recover for property damage caused by law enforcement’s actions. At issue is whether they are entitled to compensation under the Takings Clause of the Fifth Amendment or its analogue under the Tennessee Constitution. Because they are not, we affirm the judgment of the district court.

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