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Posted by: Suzanne Craig Robertson on Jul 8, 2015

Head Comment: CORRECTION: Correction is at Page 6 within footnote 7. It should read: [1] A mittimus is defined as, “a court order or warrant directing a jailer to detain a person until ordered otherwise.” Black’s Law Dictionary 1093 (9th ed. 2009). The mittimus is variously referred to in the pleadings as a bench warrant and/or capias; to be consistent, the term mittimus will be used in this opinion.

Court: TN Court of Appeals

Attorneys 1:

Richard Marshall Brooks, Carthage, Tennessee, for the appellant, Joann Luna.

Attorneys 2:

W. Carl Spinning and Michael T. Schmitt, Nashville, Tennessee, for the appellee, Steve Page, White County Sheriff, White County Tennessee.

Judge(s): DINKINS

Suit against the Sheriff and Deputy Sheriff of White County, as well as White County, to recover damages for Plaintiff’s asserted causes of action for negligence, negligent infliction of emotional distress, invasion of privacy, false arrest, false imprisonment, malicious prosecution, abuse of process, and violations of the Tennessee Constitution, arising out of her arrest and incarceration. The Defendants sought summary judgment on the grounds, inter alia, that the Governmental Tort Liability Act and public duty doctrine barred certain of the claims against the County and that the claims against the Sheriff and Deputy Sheriff were barred by the Governmental Tort Liability Act and by common law qualified immunity. The trial court granted the motion and dismissed the case. Discerning no error, we affirm the judgment of the trial court.