Jackson v. Crockarell, No. 72-1884.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtPER CURIAM
Citation475 F.2d 746
PartiesFaye Baggett JACKSON, Administratrix of the Estate of Edwin Baggett, Plaintiff-Appellant, v. Charles CROCKARELL et al., Defendants-Appellees.
Decision Date28 March 1973
Docket NumberNo. 72-1884.

475 F.2d 746 (1973)

Faye Baggett JACKSON, Administratrix of the Estate of Edwin Baggett, Plaintiff-Appellant,
v.
Charles CROCKARELL et al., Defendants-Appellees.

No. 72-1884.

United States Court of Appeals, Sixth Circuit.

Argued January 29, 1973.

Decided March 28, 1973.


Tyree B. Harris, Nashville, Tenn., James C. Cunningham, Clarksville, Tenn., Hooker, Keeble, Dodson & Harris, Nashville, Tenn., on brief, for plaintiff-appellant.

R. Price Nimmo, Nashville, Tenn., Dale Quillen, Nashville, Tenn., on brief, for defendants-appellees.

Before WEICK, PECK and MILLER, Circuit Judges.

PER CURIAM.

The appellant, as administratrix of the estate of her deceased husband, brought this action in the District Court against the Sheriff of Stewart County, Tennessee, his deputy and the sureties on his official bond, pursuant to 42 U.S.C. § 1983, to recover damages for his alleged wrongful killing by the Sheriff. The undisputed facts show that the deceased Edwin Baggett, while under the influence of alcohol or an unidentified drug, knocked on the door of a private home and asked to be admitted. The lady of the house refused to admit him, and he returned to his car which was parked by the curb. Ten minutes later, she sent her son next door to call the police and summon them to the scene. When the Sheriff arrived, he attempted to awaken Baggett and remove him from

475 F.2d 747
the car. An altercation ensued, and when the Sheriff became wedged between the automobile and its open door, he shot and killed Baggett

The appellant brought this action in the District Court alleging that the Sheriff deprived her deceased husband of his rights in violation of 42 U.S.C. § 1983. The case was tried to a jury, which found for the Sheriff, and this appeal followed.

The appellant's single contention on this appeal is that the District Court instructed the jury on a theory of defense which was not set out in the answer of the defendant, or in the pre-trial order, and upon which no evidence was introduced. The answer of the defendant admitted that he shot the plaintiff's decedent, but alleged:

"that he drew his pistol and fired into the body of the said Edwin Baggett in order to protect his own life, after the said Baggett drew a large knife and cornered the defendant, Charles Crockarell, and put him in fear for his life, whereupon Charles Crockarell, in order to protect his own life, fired into the body of the said Edwin Baggett, who died a short time later."

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4 practice notes
  • Eudy v. Eudy, No. 124
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • June 26, 1975
    ...378 F.2d 417 (9th Cir. 1967); Fed.R.Civ.P. 15(b). However, the implication of Rule 15(b) and of our decision in Jackson v. Crockarell (475 F.2d 746 (6th Cir.)) is that a trial court may not base its decision upon an issue that was tried inadvertently. Implied consent Page 787 to the trial o......
  • Haislah v. Walton, No. 79-3440
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 21, 1982
    ...trial which is not at issue or is not supported by the evidence. Fleming v. Husted, 164 F.2d 65 (8th Cir. 1947). Jackson v. Crockarell, 475 F.2d 746, 748 (6th Cir. 1973) (per In Jackson, the plaintiff's husband was shot and killed by a police officer. As in the case at hand, the only justif......
  • Munchak Corp. v. Caldwell, No. 7718SC841
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • July 18, 1978
    ...378 F.2d 417 (9th Cir. 1967); Fed.R.Civ.P. 15(b). However, the implication of Rule 15(b) and of our decision in Jackson v. Crockarell, 475 F.2d 746 (6th Cir.) is that a trial court may not base its decision upon an issue that was tried inadvertently. Implied consent to the trial of an unple......
  • MBI Motor Co., Inc. v. Lotus/East, Inc., No. 74-1234
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 10, 1974
    ...and presented additional evidence had it realized its exposure to warranty liability. Defendant relies upon Jackson v. Crockarell, 475 F.2d 746, 747 (6th Cir. 1973), in which we 'A review of the record of this case indicates that the statements of counsel in setting out his theory of defens......
4 cases
  • Eudy v. Eudy, No. 124
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • June 26, 1975
    ...378 F.2d 417 (9th Cir. 1967); Fed.R.Civ.P. 15(b). However, the implication of Rule 15(b) and of our decision in Jackson v. Crockarell (475 F.2d 746 (6th Cir.)) is that a trial court may not base its decision upon an issue that was tried inadvertently. Implied consent Page 787 to the trial o......
  • Haislah v. Walton, No. 79-3440
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 21, 1982
    ...trial which is not at issue or is not supported by the evidence. Fleming v. Husted, 164 F.2d 65 (8th Cir. 1947). Jackson v. Crockarell, 475 F.2d 746, 748 (6th Cir. 1973) (per In Jackson, the plaintiff's husband was shot and killed by a police officer. As in the case at hand, the only justif......
  • Munchak Corp. v. Caldwell, No. 7718SC841
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • July 18, 1978
    ...378 F.2d 417 (9th Cir. 1967); Fed.R.Civ.P. 15(b). However, the implication of Rule 15(b) and of our decision in Jackson v. Crockarell, 475 F.2d 746 (6th Cir.) is that a trial court may not base its decision upon an issue that was tried inadvertently. Implied consent to the trial of an unple......
  • MBI Motor Co., Inc. v. Lotus/East, Inc., No. 74-1234
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 10, 1974
    ...and presented additional evidence had it realized its exposure to warranty liability. Defendant relies upon Jackson v. Crockarell, 475 F.2d 746, 747 (6th Cir. 1973), in which we 'A review of the record of this case indicates that the statements of counsel in setting out his theory of defens......

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