Bobby L. Brooks v. Warden Mike Dutton, 751 F.2d 197 (6th Cir. 1985). · Go Syfert
Bobby L. Brooks v. Warden Mike Dutton, 751 F.2d 197 (6th Cir. 1985). Cases Citing This Book View Copy Cite
312 citation events (251 in the last 25 years) across 11 distinct courts.
Strongest positive: Reagan v. Cumberland County, TN (tnmd, 2023-06-08)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Reagan v. Cumberland County, TN (2×) also: Cited as authority (rule)
M.D. Tenn. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction.
cited Cited as authority (rule) Derrick Sweeting v. Cynthia Davis, et al.
S.D. Ohio · 2026 · confidence medium
Ohio Feb. 22, 2016) (citing Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir. 1995)); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited as authority (rule) Jason Young v. Vance Vantell, et al.
M.D. Tenn. · 2026 · confidence medium
The Sixth Circuit has expressly held that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn. Code Ann. § 9-8 -[3]07, and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction.” Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
cited Cited as authority (rule) Deborah Maney v. Police Officers, et al.
M.D. Tenn. · 2025 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited as authority (rule) Phillips v. Institutional Trust Fund Clerk (2×) also: Cited "see"
W.D. Tenn. · 2025 · confidence medium
The Sixth Circuit has held that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn. Code Ann. § 9-8-207 , and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction.” Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985); see also McLaughlin v. Weathers, 170 F.3d 577 , 581–82 (6th Cir. 1999) (Tennessee's statutory post-deprivation remedy satisfies due process requirements).
discussed Cited as authority (rule) Walker v. Gregory
E.D. Tenn. · 2024 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985) (concluding that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted”).
examined Cited as authority (rule) Whiteside v. Smith (3×) also: Cited "see", Cited "see, e.g."
W.D. Tenn. · 2023 · confidence medium
The Sixth Circuit has held that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn. Code Ann. § 9-8-207 , and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction.” Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985); see also Hyde v. Leibach, No. 3:12-CV-168, 2012 WL 1598050 , at *3 (M.D.
cited Cited as authority (rule) Nolan v. Scott
M.D. Tenn. · 2023 · confidence medium
See Hudson v. Palmer, 468 U.S. 517, 533 (1984); Copeland v. Machulis, 57 F.3d 476 , 479–80 (6th Cir. 1995); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited as authority (rule) Bowles v. Tennessee Department of Correctional - CCA
M.D. Tenn. · 2023 · confidence medium
Tennessee provides such a remedy, McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)), and Plaintiff does not allege that he attempted this remedy or that the remedy was inadequate.
cited Cited as authority (rule) Jones v. Mays
M.D. Tenn. · 2022 · confidence medium
McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Bok Song v. Parker (2×) also: Cited "see"
M.D. Tenn. · 2022 · confidence medium
Such an act “does not give rise to a due process claim if the state provides an adequate post- deprivation remedy.” Id. (citing Hudson v. Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 541 (1981)). “[T]he state of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
cited Cited as authority (rule) Chinners v. Graves
M.D. Tenn. · 2021 · confidence medium
See Hudson v. Palmer, 468 U.S. 517, 533 (1984); Copeland v. Machulis, 57 F.3d 476 , 479–80 (6th Cir. 1995); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited as authority (rule) Howes v. Williamson County Jail
M.D. Tenn. · 2021 · confidence medium
Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 541 (1981)). “[T]he state of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Phillips v. Bonner (2×) also: Cited "see"
W.D. Tenn. · 2021 · confidence medium
What is more, the Sixth Circuit has held that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn. Code Ann. § 9-8-207 , and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction.” Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985); see also Hyde v. Leibach, No. 3:12-CV-168, 2012 WL 1598050 , at *3 (M.D.
discussed Cited as authority (rule) Taylor v. Shelby County Criminal Justice Center
W.D. Tenn. · 2021 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985) (“the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn. Code Ann. § 9-88-207 , and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction”).
discussed Cited as authority (rule) Bailey v. Decker
W.D. Tenn. · 2020 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Wilborn v. Criminal Justice Center
W.D. Tenn. · 2020 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Ultimate Cakra Liberation v. Trinity Food Service
W.D. Tenn. · 2019 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Marable v. Gibson County Correctional Complex
W.D. Tenn. · 2019 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Wilborn v. Shelby County Sheriff Department
W.D. Tenn. · 2019 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Ingle v. Shelby County Gov.
W.D. Tenn. · 2019 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Smith v. Hurdle
W.D. Tenn. · 2019 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984). “[T]he State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
discussed Cited as authority (rule) Gwin v. McWherter
W.D. Tenn. · 2019 · confidence medium
As the Sixth Circuit has noted, “the State of Tennessee does provide an adequate post-deprivation remedy for takings of property.” McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005) (citing Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985)).
cited Cited as authority (rule) McMillan v. Fielding
6th Cir. · 2005 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985).
cited Cited as authority (rule) Hayes v. Berghuis
6th Cir. · 2002 · confidence medium
See Hudson v. Palmer, 468 U.S. 517, 531-33 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Copeland, 57 F.3d at 479 ; Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985).
discussed Cited as authority (rule) Na'im (As'ad Najee) v. Jim Rose, Warden
6th Cir. · 1994 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (Tennessee's statutory remedy for negligent or intentional conversion of a prisoner's property found to be adequate; case under section 1983 dismissed as frivolous pursuant to 28 U.S.C.
discussed Cited as authority (rule) Tommy Wayne Myers Ola Myers v. Federal Judges State and County Judges State of Tennessee the Attorney General of Sevier County
6th Cir. · 1993 · confidence medium
See id. at 263; Brooks v. Dutton, 751 F.2d 197, 198 (6th Cir.1985) (per curiam). 4 While a remand is necessary under Gibson, we note that the district court may enjoin a truly litigious plaintiff from filing complaints without prior approval from the court.
discussed Cited as authority (rule) Albert G. Gibson v. R.G. Smith Company (2×)
6th Cir. · 1990 · confidence medium
In Brooks v. Dutton, 751 F.2d 197, 198 (6th Cir.1985) (per curiam), this court stated that it was error to dismiss an action as frivolous under section 1915(d) without first allowing a complaint to be filed under section 1915(a) upon a showing of poverty.
cited Cited as authority (rule) Merton Bond v. Joseph Hood, U.S. Magistrate, Eugene Siler, Jr., Judge
6th Cir. · 1989 · confidence medium
Harris v. Johnson, 784 F.2d 222, 224 (6th Cir.1986); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (per curiam).
cited Cited as authority (rule) Morris May v. Federal Communications Commission
6th Cir. · 1989 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (per curiam).
cited Cited as authority (rule) Michael Wayne Long v. Richi, Dr. Adams, Dr. Via, Administrator Helen Pruitt Robin Hart William Warner George D. Hancock Al C. Parke
6th Cir. · 1989 · confidence medium
Harris v. Johnson, 784 F.2d 222, 224 (6th Cir.1986); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (per curiam).
cited Cited as authority (rule) Morris May v. Chester Gray Harold Ferguson Equal Employment Opportunity Commission
6th Cir. · 1989 · confidence medium
Harris v. Johnson, 784 F.2d 222, 224 (6th Cir.1986); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (per curiam).
discussed Cited as authority (rule) Ernestine Hines v. Roy M. Kaufman
6th Cir. · 1988 · confidence medium
Without ruling on plaintiff's motion to proceed in forma pauperis, the district court characterized the complaint as a malpractice claim over which it had no jurisdiction. 3 Although it might have been preferable for the district court to rule on the application to proceed in forma pauperis separately, before evaluating the merits of the complaint, see Brooks v. Dutton, 751 F.2d 197, 198 (6th Cir.1985) (per curiam), any error in this regard was harmless.
cited Cited as authority (rule) Howard Nickles v. David Crockett, Attorney General Bill Mooney, Assistant Attorney General Lt. Lincoln Higgins and Lanny Smith
6th Cir. · 1987 · confidence medium
See Smith v. Rose, 760 F.2d 102, 106 (6th Cir. 1985); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985). 3 Accordingly, the-district court's judgment is hereby affirmed.
discussed Cited as authority (rule) Daniel B. Taylor v. Jerome Smith, Mike Slaughter, Donal Campbell, Danny Tinnell, and Don Coen (2×)
6th Cir. · 1987 · confidence medium
A summary dismissal of an in forma pauperis claim under Sec. 1915(d) is not an abuse of discretion "where the plaintiff would appear to have no basis for establishing success on the merits for the reasons stated." Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985). 4 A review of the claims raised in the plaintiff's complaint reveals that the plaintiff has no basis for success on the merits.
cited Cited as authority (rule) James L. Chapman v. Tennessee Department of Corrections, and Odie Jones
6th Cir. · 1987 · confidence medium
See also Hudson v. Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 543 (1981); Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
cited Cited as authority (rule) Abdullah Seifuddin Shabazz v. Robert E. Lecureux Gloria Sampson
6th Cir. · 1986 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985) (per curiam ).
cited Cited as authority (rule) Kevin Bennett v. James J. Blanchard
6th Cir. · 1986 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985) (per curiam).
cited Cited as authority (rule) Larry Nelson v. Susan Daltuva, Thomas Carlson, Detroit News, Inc. And Don Ball, (Case No. 85-1313)
4th Cir. · 1986 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
cited Cited as authority (rule) James Maynor v. Howard G. Cook and Ernest Pellegrin, Tennessee Department of Corrections
6th Cir. · 1986 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
cited Cited as authority (rule) Rochester Harris v. Perry Johnson, Director
6th Cir. · 1986 · confidence medium
Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985); see also Spruytte v. Walters, 753 F.2d 498 (6th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 788 , 88 L.Ed.2d 767 (1986).
cited Cited as authority (rule) Carlos E. Chavis v. Perry M. Johnson, Director Michigan Department of Corrections Dean H. Mills, Hearing Officer, Michigan Department of Corrections
6th Cir. · 1985 · confidence medium
Brooks v. Warden Mike Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited as authority (rule) Modesto Garcia v. Capt. Earl Zimlich Sgt. James Veres Frank Gaughan Cuyahoga County Sheriff Debt.
6th Cir. · 1985 · confidence medium
Brooks v. Warden Mike Dutton, 751 F.2d 197, 199 (6th Cir. 1985). 4 Garcia alleges that the actions of the police officers violated his right to be free from cruel and unusual punishment under the eighth amendment and his due process rights under the fourteenth amendment.
discussed Cited as authority (rule) Robert Smith, Jr. v. Warden James Rose (2×)
6th Cir. · 1985 · confidence medium
This court recently held that T.C.A. § 9-8-207 provides “adequate procedures to assure the return of items either negligently or intentionally converted____” Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir.1985).
cited Cited "see" RYAN OSBORNE v. ANDREW LEGALLY et al.
W.D. Mich. · 2026 · signal: see · confidence high
See Brooks v. Dutton, 751 F.2d 197 (6th Cir. 1985).
cited Cited "see" Ryan Osborne v. Andrew Legally et al.
W.D. Mich. · 2026 · signal: see · confidence high
See Brooks v. Dutton, 751 F.2d 197 (6th Cir. 1985).
discussed Cited "see" Emmanuel Je’Rome Webb v. Lieutenant Timothy Dial, et al.
M.D. Tenn. · 2026 · signal: see · confidence high
See Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985) (finding that “the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted” or to recover damages for their loss).
cited Cited "see" Durrell Woods v. f/n/u Vanwinkle, Deputy, et al.
M.D. Tenn. · 2026 · signal: see · confidence high
See Brooks v. Dutton, 751 F.2d 197, 199 (6th Cir. 1985).
discussed Cited "see" James McIntyre v. FNU1 Walsh, FNU Hernandez, and John Doe
E.D. Mich. · 2025 · signal: see · confidence high
See Stackhouse, 2008 WL 108877 , at *4 (“Under settled Sixth Circuit authority, a prisoner’s failure to sustain this burden [of pleading and proving the inadequacy of state postdeprivation remedies] requires dismissal of his § 1983 due-process action.” (citing Brooks v. Dutton, 751 F.2d 197 (6th Cir. 1985))); Fisher v. Patton, 742 F. Supp. 3d 778 , 779–80 (E.D.
Retrieving the full opinion text from the archive…
Bobby L. BROOKS, Plaintiff-Appellant,
v.
Warden Mike DUTTON, Defendant-Appellee
84-5099.
Court of Appeals for the Sixth Circuit.
Jan 8, 1985.
751 F.2d 197
1985 U.S. App. LEXIS 27572
David Kozlowski (argued), Legal Services of South Central Tennessee, Tullahoma, Tenn., for plaintiff-appellant., W.J. Michael Cody, Atty. Gen. of Tenn., Jerry Smith, Asst. Atty. Gen., Nashville, Tenn., for defendant-appellee.
Engel, Wellford, Phillips.
Cited by 277 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: M.D. Tennessee (1)
PER CURIAM.

Plaintiff, Bobby L. Brooks, is an inmate at Tennessee State Prison, Nashville, Tennessee. He was hospitalized on September 9, 1983, and when he returned to his cell, five days later, he alleges that his personal property, valued at several hundred dollars, had been removed. Plaintiff attempted to use prison administrative procedures to procure the return of his property. When those procedures failed, plaintiff filed a civil rights complaint in the district court.

On the same day that the complaint was filed, the district court denied the motion to proceed in forma pauperis and sua sponte dismissed the complaint under the authority of Vicory v. Walton, 721 F.2d 1062 (6th Cir.1983) (must use state remedies), and 28 U.S.C. § 1915 (frivolous). This appeal followed.

The application to proceed in forma pau-peris filed by Brooks reflected no cash, money, or other property owned by him; the trust fund custodian of the prison reflected a $10 credit in his account, but leave to file without payment of costs or security was denied. The real basis for the dismissal, however, was not 28 U.S.C. § 1915(a) which relates to the basis for permitting an in pauperis filing, but rather 28 U.S.C. § 1915(d):

The court ... may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.

The district judge did not address the sufficiency or truthfulness of the allegation of poverty; instead, he denied the request to proceed “on the grounds it is frivolous.” The complaint should have been permitted to be filed under § 1915(a) under the apparent circumstances of poverty alleged by the prisoner plaintiff. We address, however, the propriety of dismissal under § 1915(d).

We have carefully reviewed the record and considered the arguments set forth by plaintiff, but we find ourselves in agreement with the district court in respect to the dismissal on the § 1915(d) grounds. In Parratt v. Taylor, 451 U.S. 527, 543, 101 S.Ct. 1908, 1916, 68 L.Ed.2d 420 (1981), the Supreme Court held that a prisoner’s loss of property due to the negligence of a state employee was not a violation of due process if the state afforded a means to resolve the alleged loss. Parratt was followed by Vicory v. Walton, supra, in which it was held that a § 1983 action does not lie if state law provides an “immediate corrective process in its courts,” by which[*199] the plaintiff could recover his property. 721 F.2d at 1064.

We believe that the State of Tennessee has provided adequate procedures to assure the return of items either negligently or intentionally converted, see Tenn.Code Ann. § 9-8-207, and in the absence of resort to state remedies, we do not believe that a federal court may assert jurisdiction. Vicory, supra; Parratt, supra. In making this determination, we are well aware of Tingler v. Marshall, 716 F.2d 1109 (6th Cir.1983). In Tingler, this court took a dim view of sua sponte dismissals on the merits prior to service of the complaint and without notice of the proposed dismissal to the plaintiff to allow him to respond. That case specifically noted, however, that it was not considering “the propriety of sua sponte dismissals of in forma pauperis claims as frivolous under ... 28 U.S.C. § 1915(d).” 716 F.2d at 1111. In the instant case, we are faced with that precise question.

As noted earlier, Tennessee has established a tort claims procedure which would permit appellant to recover damages for the negligent loss of his property by state officials. Tenn.Code Ann. § 9-8-207. Under Vicory v. Walton, if state remedies exist and have not been exhausted, there is no cause of action under § 1983, unless plaintiff pleads and proves that state remedies are inadequate. 721 F.2d at 1066. Since plaintiff did not exhaust state remedies, nor was there a showing that they were inadequate, the district court properly considered Brooks’ appeal frivolous. We thus hold that while it was error not to permit the filing of the complaint on the basis of poverty, the district court did not err in sua sponte dismissing the case. In so doing, we note that the number of cases found to be “frivolous” will, in all likelihood, be limited. The error in denying the filing was harmless error, since Tingler does not forbid dismissal in this case, where the plaintiff would appear to have no basis for establishing success on the merits for the reasons stated.

Accordingly, the decision of the district court is hereby Affirmed.