Mcdaniel v. Carroll, 457 F.2d 968 (6th Cir. 1972). · Go Syfert
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Mcdaniel v. Carroll, 457 F.2d 968 (6th Cir. 1972). Cases Citing This Book View Copy Cite
27 citation events across 13 distinct courts.
Strongest positive: Gibson v. City of Clarksville, Tenn. (tnmd, 1993-10-04)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Gibson v. City of Clarksville, Tenn.
M.D. Tenn. · 1993 · confidence medium
Roland v. Johnson, 856 F.2d 764, 766-67 (6th Cir.1988) (issues of fact about supervisor’s prior knowledge of rape danger precludes summary judgment); McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir.1972), cert. denied, 409 U.S. 1106 , 93 S.Ct. 897 , 34 L.Ed.2d 687 (1973) (affirming judgment against sheriff and his surety for deputy sheriffs unjustified shooting).
discussed Cited as authority (rule) Lawrence Hill, (90-3923), Cross-Appellant (90-3826) v. Ronald C. Marshall, Terry Morris, (90-3803), Cross-Appellee
6th Cir. · 1992 · confidence medium
The case cited by the district court to support that decision, McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir.1972), cert. denied, 409 U.S. 1106 , 93 S.Ct. 897 , 34 L.Ed.2d 687 (1973), is inapposite to the instant case.
discussed Cited as authority (rule) Gerald N. Schajatovic, Administrator of the Estate of Keith G. Schajatovic, Deceased v. The Village of Mayfield David H. Wheatcroft
6th Cir. · 1987 · confidence medium
Rule 51 of the Federal Rules of Civil Procedure provides in pertinent part: 13 No party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection. 14 This Court has recognized the mandatory nature of Rule 51, McDaniel v. Carroll, 457 F.2d 968, 969-70 (6th Cir. 1972); thus, we will not consider these alleged errors in the jury instructions. 15 Appellants also contend that the court erred in permitting appellee's expert, Dr. Dant…
discussed Cited as authority (rule) LaMarca v. Turner
S.D. Fla. · 1987 · confidence medium
A “supervisory defendant is subject to § 1983 liability when he breaches a duty imposed by state ... law, and this breach causes plaintiff constitutional injury.” Williams v. Bennett, supra, 689 F.2d at 1381 ; Sims v. Adams, 537 F.2d 829, 831 (5th Cir.1976); Beverly v. Morris, 470 F.2d 1356 (5th Cir.1972); Hesselgesser v. Reilly, 440 F.2d 901 (9th Cir.1971); Scott v. Vandiver, 476 F.2d 238, 241-42 (4th Cir.1973); McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir.1972); see generally Roberts v. Williams, 456 F.2d 819 (5th Cir.), cert. denied, 404 U.S. 866 , 92 S.Ct. 83 , 30 L.Ed.2d 110 (1971…
discussed Cited as authority (rule) Pearl Spence, Individually and as Administratrix of the Estate of Jerome W. Spence, Deceased v. Henry D. Staras
7th Cir. · 1974 · confidence medium
Provided certain aggravating circumstances are shown, punitive damages are recoverable under federal law in a § 1983 action, Morales v. Haines, 486 F.2d 880, 882 (7th Cir. 1973); Smith v. Losee, 485 F.2d 334, 345 (10th Cir. 1973), cert. denied, 417 U.S. 908 , 94 S.Ct. 2604 , 41 L.Ed.2d 212 ; McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir. 1972); Mansell v. Saunders, 372 F.2d 573 (5th Cir. 1967), and .under Illinois law in personal injury cases, Madison v. Wigal, 18 Ill.App.2d 564 , 153 N.E.2d 90 (1958).
discussed Cited as authority (rule) Luther G. Scott, Jr. v. Harold Vandiver, Sheriff of Abbeville County, South Carolina, and George M. McMahan Supervisor of Abbeville County, South Carolina, Luther G. Scott, Jr. v. Ray McMahan
4th Cir. · 1973 · confidence medium
McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir. 1972); accord Hesselgesser v. Reilly, 440 F.2d 901 (9th Cir. 1971) (compensatory damages); Lewis v. Brautigam, 227 F.2d 124 (5th Cir. 1955) (compensatory damages).
discussed Cited as authority (rule) Scott v. Vandiver
4th Cir. · 1973 · confidence medium
McDaniel v. Carroll, 457 F.2d 968, 969 (6th Cir. 1972); accord Hesselgesser v. Reilly, 440 F.2d 901 (9th Cir. 1971) (compensatory damages); Lewis v. Brautigam, 227 F.2d 124 (5th Cir. 1955) (compensatory damages).
cited Cited "see" Campise v. Hamilton
S.D. Tex. · 1974 · signal: accord · confidence high
Lewis v. Brautigam, 227 F.2d 124 (5th Cir. 1955); accord, McDaniel v. Carroll, 457 F.2d 968 (6th Cir. 1972).
cited Cited "see" Aldridge v. Mullins
M.D. Tenn. · 1972 · signal: see · confidence high
See, McDaniel v. Carroll, 457 F.2d 968 (6th Cir., 1972).
discussed Cited "see, e.g." Jerry Michael Gordon v. Doug Norman, Harold Prows, Ken Martin (85-5175), and J. Anderson (85-5186)
6th Cir. · 1986 · signal: see also · confidence low
Garrick v. City and County of Denver, 652 F.2d 969, 971 (10th Cir.1981); see also McDaniel v. Carroll, 457 F.2d 968 (6th Cir.1972) (state common law may be used on issue of damages where it better serves the policies expressed in the federal statutes).
Retrieving the full opinion text from the archive…
Steven Ray McDaniel B/n/f and Natural Parent of Keith McDaniel Benny Fred Jenkins and Constance Beverly Harbison
v.
Robert Carroll and Western Surety Company
71-1871.
Court of Appeals for the Sixth Circuit.
Apr 11, 1972.
457 F.2d 968
Cited by 1 opinion  |  Published

457 F.2d 968

Steven Ray McDANIEL b/n/f and natural parent of Keith
McDaniel, Benny Fred Jenkins and Constance Beverly
Harbison, Plaintiffs-Appellees,
v.
Robert CARROLL and Western Surety Company, Defendants-Appellants.

No. 71-1871.

United States Court of Appeals,
Sixth Circuit.

April 11, 1972.

William D. Vines, III, Knoxville, Tenn., on brief for Carroll; James E. Foglesong, Knoxville, Tenn., on brief for Western Surety Co.; Poore, Cox, Baker, McAuley, Ray & Byrne, Knoxville, Tenn., of counsel.

Norbert J. Slovis, and William R. Fain, III, Knoxville, Tenn., on brief for plaintiffs-appellees; Lockett, Slovis & Weaver, Knoxville, Tenn., of counsel.

Before WEICK, McCREE and MILLER, Circuit Judges.

WEICK, Circuit Judge.

1

The actions in the District Court were brought under the Civil Rights Act[1] against the Sheriff of Blount County, Tennessee, the Deputy Sheriff, and the surety on the Sheriff's bond, to recover compensatory and punitive damages for personal injuries sustained by the plaintiffs when they were shot by the Deputy as he was endeavoring to serve an arrest warrant.

2

The cases were consolidated and tried before a jury, which returned a verdict in favor of each plaintiff against all of the defendants, for both compensatory and punitive damages. The sheriff and his surety have appealed. No appeal was filed in behalf of the deputy who did the shooting. We affirm.

3

On appeal, the sheriff does not question the awards to the plaintiffs of compensatory damages, but he argues that punitive damages should not have been assessed against him for the reason that he was not present when the shooting occurred and did not participate in it, and did not authorize or ratify it.

4

Under Tennessee law, however, a sheriff and his surety are liable for compensatory as well as punitive damages for torts committed by a deputy sheriff in the performance of his official duties. State ex rel. Coffelt v. Hartford Acc. & Indem. Co., 44 Tenn.App. 405, 314 S.W.2d 161 (1958), certiorari denied by the Supreme Court of Tennessee.

5

It is undisputed that at the time of the shooting the deputy sheriff was endeavoring to serve an arrest warrant, which was in the performance of his official duty. The shooting was entirely unjustified and without warrant in law. No claim is made that the verdict was not supported by substantial evidence.

6

Federal law permits the recovery of punitive damages in actions under the Civil Rights Acts. Caperci v. Huntoon, 397 F.2d 799 (1st Cir.), cert. denied, 393 U.S. 940, 89 S.Ct. 299, 21 L.Ed.2d 276 (1968); Mansell v. Saunders, 372 F.2d 573 (5th Cir. 1967); Basista v. Weir, 340 F.2d 74 (3d Cir. 1965).

7

In Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 90 S.Ct. 400, 24 L.Ed.2d 386 (1969), the Court, in an opinion written by Mr. Justice Douglas, said:

8

"This means, as we read Sec. 1988, that both federal and state rules on damages may be utilized, whichever better serves the policies expressed in the federal statutes. Cf. Brazier v. Cherry, [5 Cir.] 293 F.2d 401. The rule of damages, whether drawn from federal or state sources, is a federal rule responsive to the need whenever a federal right is impaired." (Id. at 240, 90 S.Ct. at 406).

9

The sheriff contends that under federal law, damages may not be assessed against a principal for acts committed by an agent and not participated in or ratified by the principal. Lake Shore & Mich. So. Ry. v. Prentice, 147 U.S. 101, 13 S.Ct. 261, 37 L.Ed. 97 (1893); United States Steel Corp. v. Fuhrman, 407 F.2d 1143 (6th Cir. 1969). Lake Shore was decided before Erie R. R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). United States Steel was an admiralty case.

10

Furthermore, in Civil Rights cases the common law of a state may be used on the issue of damages where it better serves the policies expressed in the federal statutes. Sullivan v. Little Hunting Park, Inc., supra.

11

In Whirl v. Kern, 407 F.2d 781 (5th Cir. 1969), the Court held that apart from his claim under Sec. 1983, a plaintiff was entitled under the doctrine of pendent jurisdiction to consideration of his claim under the common law of Texas, citing United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966).

12

We find no error in the Court's instructions to the jury on punitive damages. Defendants made no objection to the instructions on that ground and are not in position to claim error here. Rule 51, Fed.R.Civ.P.

13

Other errors alleged have been considered, but in our judgment they do not merit discussion.

14

Affirmed.

1

Title 42 U.S.C. Secs. 1983, 1985