# Shorts v. Bartholomew

> Court of Appeals for the Sixth Circuit · October 17, 2007 · 255 F. App'x 46

URL: https://www.frixlaw.com/law-library/cases/9814124

## Case

- **Full name:** Michael Lee SHORTS, Plaintiff-Appellant, v. Bendell BARTHOLOMEW, Individually and in His Official Capacity as Carroll County Sheriff; County of Carroll, Tennessee, Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 17, 2007
- **Citations:** 255 F. App'x 46
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Guy
- **Judges:** Guy, Batchelder, Gilman
- **Cited by:** 66 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9814124

## How later opinions describe it (automated extraction)

- finding insufficient evidence to create a genuine issue of material fact on a claim of failure to investigate where plaintiff produced no evidence that any similar incidents of holding an inmate beyond his date of release had ever been reported to the current or any former she…
- finding that under Tennessee law, “the Sheriff is the final policymaker over the operation of the jail”
- reversing summary judgment in favor of the municipality on an overdetention claim where the municipality failed to present any policies or procedures to address overdetention

## Opinion text

RALPH B. GUY, JR.,
concurring in the judgment of remand.
Although I join the other two panel members in deciding to remand this case for further proceedings, I write separately because the basis of the remand is reliance on a statutory section not relied upon or cited by the plaintiff in the district court. Prior to placing reliance on TenmCode Ann. § 8-8-201(a)(3), the court rejected every basis for reversal urged by the plaintiff in this appeal.
By joining in the judgment, I do not mean to imply that I agree that TenmCode Ann. § 8-8-201 is controlling or even relevant. The best place for this to be thrashed out, however, is in the district court where the defendant will have an opportunity to respond and the ■ district judge can make an initial evaluation of the import of this statutory section.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9814124. Public record. Not legal advice.