At page 755 Negligence insufficient to support section 1983 claim20 citing casesstating that negligence is not sufficient to support an action under Section 1983
- Shine-Johnson v. Mike Dewine, No. 2:20-cv-05919 (S.D. Ohio Mar. 4, 2022).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Sebestyen v. Gardner, No. 2:17-cv-00550 (S.D. Ohio May 12, 2021).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Haithcock v. Wiedman, No. 2:20-cv-06317 (S.D. Ohio May 3, 2021).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Shine-Johnson v. Mike Dewine, No. 2:20-cv-05919 (S.D. Ohio Apr. 12, 2021).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Jones v. DeWine, No. 2:20-cv-03301, 2021 WL 1056779 (S.D. Ohio Mar. 19, 2021).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Cook v. Sicilian, No. 2:20-cv-00781, 2020 WL 9159969 (S.D. Ohio Oct. 23, 2020).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Allen v. Smith, No. 2:20-cv-02121 (S.D. Ohio Sept. 22, 2020).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Harris v. Sowers, No. 2:16-cv-00888 (S.D. Ohio Feb. 11, 2020).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Harris v. Aramark Incorporation, No. 2:17-cv-00872 (S.D. Ohio Jan. 15, 2020). Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- Finley v. Murphy, No. 2:19-cv-01449 (S.D. Ohio Jan. 7, 2020).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
Show 10 more citing cases
- Vogt v. Murphy, No. 2:19-cv-01597 (S.D. Ohio Jan. 7, 2020).Chesney v. Hill, 813 F.2d 754, 755 (6th Cir. 1987).
- White v. Wayne Cnty. Circuit Court Clerks, 146 F. App'x 792 (6th Cir. 2005).unpublishedId. (citing Chesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987)).
- Wojnicz v. Davis, 80 F. App'x 382 (6th Cir. 2003).unpublishedChesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987).
- Rodney Hardin v. Terry Pitcher Joseph Hosey Robert Heller James R. Zummer Steven A. George Michael Turnbull Douglas Catrell, 977 F.2d 581 (6th Cir. 1992).unpublishedAs a general proposition of law, mere negligence is not actionable under § 1983, Chesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam), and negligence does not become gross simply by saying so; facts must charge government officia…
- James Monroe Tyson, Jr. v. State of Michigan, 948 F.2d 1290 (6th Cir. 1991).unpublishedChesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam). 4 Accordingly, the district court's judgment is affirmed.
- Mwonyonyi v. Gieszl, 895 F.2d 1414 (6th Cir. 1990).unpublishedChesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam). 13 Finally, this court concludes that it must issue sanctions against Mwonyonyi for having, indeed, filed many papers with this court that are scurrilous, vitriolic, possibly…
- Walter James Kinard v. Lloyd May Ms. Newstead Linda Nelson, 885 F.2d 871 (6th Cir. 1989).unpublishedChesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam). 9 Finally, the district court correctly dismissed Kinard's complaint against defendant May as Kinard did not allege that May condoned, encouraged, or participated in the alleg…
- Robert Richard v. State of Michigan, 875 F.2d 867 (6th Cir. 1989).unpublishedChesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam).
- EJ v. Hamilton Cnty., 707 F. Supp. 314 (S.D. Ohio 1989).publishedSee also McKenna v. City of Memphis, 785 F.2d 560, 562 (6th Cir.1986), citing Daniels v. Williams, 474 U.S. 327 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986); Davidson v. Cannon, 474 U.S. 344 , 106 S.Ct. 668 , 88 L.Ed.2d 677 (1986); Chesney v. H…
- Caldwell v. Enyeart, 72 F.3d 129 (6th Cir. 1995).publishedSee also Chesney v. Hill, 813 F.2d 754, 755 (6th Cir.1987) (per curiam) (holding that a cause of action which alleges, at best, negligence on the part of the defendants does not present an actionable claim of a Fourteenth Amendment depriva…
Other citing cases
- Ronald G. Taylor v. Richard D. Cunningham, 886 F.2d 1316 (6th Cir. 1989).unpublished
v.
Timothy HILL and Ronald Andrus, Defendants-Appellees
Darryl Chesney appeals the judgment entered upon a jury verdict in the United States District Court for the Eastern District of Tennessee. Chesney brought suit under 42 U.S.C. § 1983 against Timothy Hill and Ronald Andrus, police officers of the City of Oak Ridge, Tennessee, for injuries sustained as a result of an accident in which plaintiff’s motorcycle hit a car that had stopped at an alleged roadblock that one of the defendants had established. The other defendant earlier had unsuccessfully attempted to stop plaintiff at another site.
The facts indicated that plaintiff had been speeding on his motorcycle late one night through Oak Ridge, and eluded a police chase by leaving the jurisdiction. However, he then reentered the city over the same route at a high rate of speed, eluding defendant Hill, who notified defendant Andrus that a motorcycle was approaching his position at a speed in excess of 100 miles per hour. Defendant Andrus parked his car near an intersection approximately 1000 feet below the crest of a hill the plaintiff would be approaching. When Andrus saw headlights, he flashed his blue lights, and a car, which Andrus had mistakenly assumed was the motorcycle, slowed or stopped as it approached the flashing lights. Plaintiff shortly thereafter approached the hill, and Officer Andrus moved his car into one of the lanes of the road plaintiff was traveling upon, adjacent to the stopped car. Plaintiff then tried to pass the stopped car on the side opposite the police car, but hit the stopped car a speed in excess of 40 miles per hour, sustaining severe injuries.
On appeal, Chesney challenges the district court’s submission to the jury of a defense of qualified or good faith immunity, its instructions pertaining to “knowing” acts, and alleges that the jury verdict lacks the support of substantial evidence.
On a careful review of the briefs and record in this appeal, we find the claims of error asserted by appellant to be without merit. The plaintiff’s cause of action at best alleged negligence on the part of the defendants not cognizable as a Fourteenth Amendment “deprivation” of liberty in an action brought under 42 U.S.C. § 1983. See particularly Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986), and Davidson v. Cannon, 474 U.S. 344, 106 S.Ct. 668, 88 L.Ed.2d 677 (1986). Nor was there any violation of plaintiff’s Fourth Amendment rights.
AFFIRMED.