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Posted by: Tanja Trezise on Jan 12, 2015

Head Comment: CORRECTION: On page 5 of the opinion, the citation listed as State v. UHS of Lakeside, Inc. has been corrected to read Smith v. UHS of Lakeside, Inc.

Court: TN Court of Appeals

Attorneys 1:

Gregory Eidson, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Robert M. Burns and Patrick J. Gray, Nashville, Tennessee, for the appellees, City of Portland; City of Portland Police Chief, Richard Smith; FTO Chris Jones; Asst. Off. No. 1 aka JD1; and Asst. Off. No. 1 aka JD2.

Judge(s): DINKINS

Plaintiff in suit to recover damages for injuries allegedly suffered in the course of his arrest appeals the grant of the motion to dismiss for failure to state a claim filed on behalf of the City and Police Chief and the grant of summary judgment to the police officers who participated in his arrest. In responding to the motions, plaintiff acknowledged that the claims against City, Police Chief and two of the officers should be dismissed; we affirm the dismissal of those claims and parties. The order granting summary judgment to the remaining officer does not state the legal ground therefor or make findings of fact relative thereto; consequently, we vacate the judgment and remand for further proceedings. We reverse the denial of plaintiff’s motion to amend to substitute one of the officers for the defendant named John Doe.