Colson v. City of Alcoa, Tennessee et al (RLJ2)

Filing 187

ORDER: the City Defendants' motion for summary judgment [doc. 128] is GRANTED IN PART and DENIED IN PART. Specifically, summary judgment is: GRANTED on Count 1 as to Officer Wilson. Count 1 will be DISMISSED. GRANTED on Coun t 2 as to Officer Cook. Count 2 will be DISMISSED. GRANTED on Count 4 as to Officer Cook, Officer Wilson, Chief Potter, Lieutenant Fletcher, and the Doe defendants. Count 4 will be DISMISSED. GRANTED on Count 5 as to the City of Alcoa. Count 5 will be DISMISSED as to the City of Alcoa. GRANTED on Count 6 as to Chief Potter and Lieutenant Fletcher. Count 6 will be DISMISSED. GRANTED on Count 7 as to the City of Alcoa. Count 7 will be DISMISSED as to the City of Alcoa. GRANTED on Count 9 as t o Chief Potter, Lieutenant Fletcher, and the City of Alcoa. Count 9 will be DISMISSED as to Chief Potter, Lieutenant Fletcher, and the City of Alcoa. GRANTED IN PART and DENIED IN PART on Count 9 as to Officer Cook, and Officer Wilson. Summary judgm ent will be GRANTED on Plaintiffs claim regarding her alleged panic attack, and DENIED on Plaintiff's claim regarding her knee injury. GRANTED on Count 10 as to the City Defendants. Count 10 will be DISMISSED as to the City Defendants. GRANTED on Count 11 as to the City Defendants. Count 11 will be DISMISSED as to the City Defendants. GRANTED on Count 12 as to Officer Cook and Officer Wilson. Count 12 will be DISMISSED as to Officer Cook and Officer Wilson. GRANTED on Count 13 as to Chi ef Potter and the City of Alcoa. Count 13 will be DISMISSED as to Chief Potter and the City of Alcoa. GRANTED IN PART and DENIED IN PART as to Lieutenant Fletcher, Officer Cook, and Officer Wilson in their individual capacities. Summary judgment wi ll be GRANTED to the extent that the claim is based on the provision of medical care, but will be DENIED to the extent that it is based on uses-of-force. To the extent that the Court has permitted a renewed motion for summary judgment on the limited issue discussed in the memorandum opinion, such renewed motion SHALL be filed no later than June 1, 2020. Signed by District Judge R Leon Jordan on April 30, 2020. (AYB)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION

ANNISSA COLSON,

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Plaintiff,
v.
CITY OF ALCOA, el al.,
Defendants.

No. 3:16-CV-377

ORDER
For the reasons stated in the memorandum opinion, filed contemporaneously with
this order, the City Defendants’ motion for summary judgment [doc. 128] is GRANTED
IN PART and DENIED IN PART. Specifically, summary judgment is:
• GRANTED on Count 1 as to Officer Wilson. Count 1 will be DISMISSED.
• GRANTED on Count 2 as to Officer Cook. Count 2 will be DISMISSED.
• GRANTED on Count 4 as to Officer Cook, Officer Wilson, Chief Potter,
Lieutenant Fletcher, and the Doe defendants. Count 4 will be DISMISSED.
• GRANTED on Count 5 as to the City of Alcoa.

Count 5 will be

DISMISSED as to the City of Alcoa.
• GRANTED on Count 6 as to Chief Potter and Lieutenant Fletcher. Count 6
will be DISMISSED.

Case 3:16-cv-00377-RLJ-DCP Document 187 Filed 04/30/20 Page 1 of 3 PageID #: 3235

• GRANTED on Count 7 as to the City of Alcoa.

Count 7 will be

DISMISSED as to the City of Alcoa.
• GRANTED on Count 9 as to Chief Potter, Lieutenant Fletcher, and the City
of Alcoa. Count 9 will be DISMISSED as to Chief Potter, Lieutenant
Fletcher, and the City of Alcoa.
• GRANTED IN PART and DENIED IN PART on Count 9 as to Officer
Cook, and Officer Wilson. Summary judgment will be GRANTED on
Plaintiff’s claim regarding her alleged panic attack, and DENIED on
Plaintiff’s claim regarding her knee injury.
•

GRANTED on Count 10 as to the City Defendants. Count 10 will be
DISMISSED as to the City Defendants.

• GRANTED on Count 11 as to the City Defendants. Count 11 will be
DISMISSED as to the City Defendants.
• GRANTED on Count 12 as to Officer Cook and Officer Wilson. Count 12
will be DISMISSED as to Officer Cook and Officer Wilson.
• GRANTED on Count 13 as to Chief Potter and the City of Alcoa. Count 13
will be DISMISSED as to Chief Potter and the City of Alcoa.
• GRANTED IN PART and DENIED IN PART as to Lieutenant Fletcher,
Officer Cook, and Officer Wilson in their individual capacities. Summary
judgment will be GRANTED to the extent that the claim is based on the

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provision of medical care, but will be DENIED to the extent that it is based
on uses-of-force.
To the extent that the Court has permitted a renewed motion for summary judgment
on the limited issue discussed in the memorandum opinion, such renewed motion SHALL
be filed no later than June 1, 2020.
IT IS SO ORDERED.

s/ Leon Jordan
United States District Judge

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