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Cornell Poe v. City of Jackson Mayor Jerry Gist
Citation: Not availableDocket: W2017-00465-COA-R3-CV
Court: Court of Appeals of Tennessee; June 11, 2018; Tennessee; State Appellate Court
Original Court Document: View Document
A passenger, Cornell Poe, was arrested following an altercation with Lonell Theus, a bus driver for the Jackson Transit Authority, on November 3, 2015. This incident resulted in Poe’s parole being revoked and his subsequent incarceration. On November 7, 2016, Poe filed a lawsuit against several defendants, including Jerry Gist, Mayor of Jackson, and others, alleging slander and libel under the Tennessee Governmental Tort Liability Act (GTLA) and the Tennessee Public Protection Act (TPPA). The trial court granted summary judgment in favor of the defendants, concluding that Poe's claims were barred by the statute of limitations and did not sufficiently allege a cause of action under the applicable statutes. The court found that Mayor Gist was not the director of the Transit Authority, Theus was not a city employee, and Henning was not present during the incident. Additionally, it was determined that the parole board’s finding of probable cause for revocation indicated Poe's fault in the altercation, further supporting the dismissal of his claims. The appellate court affirmed the trial court's judgment, dismissing the case. Defendants submitted affidavits from Gayle S. Barbee, Director of Operations for the Tennessee Board of Parole, to authenticate the Notice of Board Action revoking Mr. Poe's parole, and from Lynn Henning, who clarified that Mayor Gist was not the Director or personnel director of the JTA, that Lonell Theus Jr. was not a City of Jackson employee, and that she was unaware of the events in the Complaint. Defendants also filed a supporting memorandum for their motion. In response, Mr. Poe submitted several documents opposing the motion for summary judgment. A hearing occurred on January 25, 2017, after which the court granted summary judgment in favor of the defendants. Mr. Poe appealed, raising four issues, with the primary question being whether the court erred in granting summary judgment. Mr. Poe is representing himself, and the court recognizes the need for fair treatment of pro se litigants while maintaining adherence to procedural rules. Under the Governmental Tort Liability Act (GTLA), governmental entities typically have immunity from lawsuits for injuries resulting from their activities, with specific exceptions for negligent acts by employees unless related to libel or slander. Mr. Poe's amended complaint alleges damages due to slander and libel, occurring on November 3, 2015. However, the GTLA does not allow recovery for such claims against the JTA or City employees acting within their official capacities, and Mr. Poe's suit was filed beyond the one-year statute of limitations for GTLA claims as well as the six-month and one-year limitations for slander and libel, respectively. Additionally, Mr. Poe’s claim under the Tennessee Public Protection Act (TPPA) fails as he does not assert that he was an employee of JTA, which is a requirement for such claims. Consequently, the court upheld the dismissal of Mr. Poe's case.