Rue v. Snyder, Civ. A. No. 4468.

CourtUnited States District Courts. 6th Circuit. Eastern District of Tennessee
Writing for the CourtConrad Finnell, Cleveland, Tenn., for plaintiff
PartiesWilliam Marshall RUE v. Wesley Bernard SNYDER.
Docket NumberCiv. A. No. 4468.
Decision Date02 February 1966

249 F. Supp. 740

William Marshall RUE
v.
Wesley Bernard SNYDER.

Civ. A. No. 4468.

United States District Court E. D. Tennessee, S. D.

February 2, 1966.


Conrad Finnell, Cleveland, Tenn., for plaintiff.

Joseph F. DiRisio, Chattanooga, Tenn., Robert L. McMurray, Cleveland, Tenn., for defendant.

FRANK W. WILSON, District Judge.

This is an action for alleged violation of the plaintiff's civil rights arising out of an arrest and imprisonment of the plaintiff by a city policeman in Cleveland, Tennessee. Jurisdiction purports to be based upon 42 U.S.C. § 1983, with the plaintiff relying upon the pendent jurisdiction of the Court in seeking recovery for an alleged false arrest, false imprisonment, and malicious prosecution. The action was tried by the Court sitting without a jury. Upon the record in

249 F. Supp. 741
this cause, the Court makes the following findings of fact and conclusions of law

FINDINGS OF FACT

(1) The plaintiff is a 59 year old man who has lived all of his life in a small community near Cleveland, Tennessee. He is married and has two grown children. He appears to be a person of modest means and good character, this being his first encounter with the processes of the criminal law. For several years he appears to have been in semi-retirement, doing some carpentry and other odd jobs. Upon June 30, 1964, between 4:00 and 5:00 p. m. in the afternoon, he rode into Cleveland, Tennessee, with his daughter to do some shopping. Upon this same summer afternoon the defendant and his family were returning to their home in Cleveland from a boating trip, pulling their boat behind them. At this point both families were apparently at peace with the world, as befits a day in June, traveling side by side down the highway, that is until the highway narrowed from two lanes to one for traffic traveling toward Cleveland. Both cars arrived at this point at about the same time and in this apparently unpremeditated squeeze the plaintiff's daughter had to take to the shoulder of the road until she was able to drop in behind the defendant's automobile and boat. At this point, as so often happens when otherwise gentle men and women get behind the wheel of an automobile and find another motorist in their path, gentility and tranquility went out of the window and the plaintiff and his daughter felt that the situation called for their letting the defendant know in no uncertain terms of their extreme displeasure over developments. She hastened to pass the defendant, even though it meant passing in a no-passing zone, and as they passed the plaintiff let the defendant know in rather colorful language that he did not think much of the defendant's driving ability and he possibly embellished his view in this regard by questioning the defendant's paternity. Having thus relieved his mind, the plaintiff lapsed into silence, not again to audibly state his position until he found himself in jail, some several minutes and quite a few events later. But it was now the defendant's turn to become aroused and seek to overtake the car in which the plaintiff was riding, which he shortly did at a traffic light. At this point he attempted to have the plaintiff repeat his charges, but without success. The plaintiff apparently felt that he could not improve upon his first effort and that repetition would merely blunt the point of his former deft verbal thrust. At any rate, he remained silent. However, the defendant did succeed in...

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7 practice notes
  • Daly v. Pedersen, No. 4-67 Civ. 168.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • December 21, 1967
    ...denied, 375 U.S. 975, 84 S.Ct. 489, 11 L.Ed.2d 420 (1964); United States v. Scranton, 257 F.Supp. 557 (E.D.Pa.1966); Rue v. Snyder, 249 F.Supp. 740 (E.D.Tenn.1966); Yates v. Village of Hoffman Estates, 209 F.Supp. 757 (N.D.Ill.1962); Selico v. Jackson, 201 F.Supp. 475 (S.D.Cal.1962). Some c......
  • Smith v. Losee, No. 72-1244.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 22, 1973
    ...conduct and of indignity and humiliation suffered by plaintiff). See also Wayne v. Venable, 260 F. 64 (C.C. A. 8th 1919); Rue v. Snyder, 249 F. Supp. 740 (E.D.Tenn.1966); McArthur v. Pennington, 253 F.Supp. 420 (E.D. Tenn.1963); 35 A.L.R.2d, Excessiveness or Inadequacy of Damages for Defama......
  • Smartt v. Lusk, Civ. A. No. 1104.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • February 2, 1973
    ...on his left kneecap. Whether this may produce difficulty for him in the future is problematical. 10 Cf. Rue v. Snyder, D.C.Tenn. (1966), 249 F.Supp. 740, 743 5, and Ford v. Wells, D. C.Tenn. (1972), 347 F.Supp. 1026,...
  • Gaston v. Gibson, Civ. A. No. 6566.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • November 3, 1969
    ...1967); Brooks v. Moss, 242 F.Supp. 531 (W.D.S.C., 1965); McArthur v. Pennington, 253 F.Supp. 420 (this Court, 1963); Rue v. Snyder, 249 F.Supp. 740 (E.D.Tenn., 1966); Solomon v. Pennsylvania R. R., 96 F.Supp. 709 (S.D.N.Y., 1951); Antelope v. George, 211 F.Supp. 657 (D.C.Idaho, 1962); Jacks......
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7 cases
  • Daly v. Pedersen, No. 4-67 Civ. 168.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • December 21, 1967
    ...denied, 375 U.S. 975, 84 S.Ct. 489, 11 L.Ed.2d 420 (1964); United States v. Scranton, 257 F.Supp. 557 (E.D.Pa.1966); Rue v. Snyder, 249 F.Supp. 740 (E.D.Tenn.1966); Yates v. Village of Hoffman Estates, 209 F.Supp. 757 (N.D.Ill.1962); Selico v. Jackson, 201 F.Supp. 475 (S.D.Cal.1962). Some c......
  • Smith v. Losee, No. 72-1244.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 22, 1973
    ...conduct and of indignity and humiliation suffered by plaintiff). See also Wayne v. Venable, 260 F. 64 (C.C. A. 8th 1919); Rue v. Snyder, 249 F. Supp. 740 (E.D.Tenn.1966); McArthur v. Pennington, 253 F.Supp. 420 (E.D. Tenn.1963); 35 A.L.R.2d, Excessiveness or Inadequacy of Damages for Defama......
  • Smartt v. Lusk, Civ. A. No. 1104.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • February 2, 1973
    ...on his left kneecap. Whether this may produce difficulty for him in the future is problematical. 10 Cf. Rue v. Snyder, D.C.Tenn. (1966), 249 F.Supp. 740, 743 5, and Ford v. Wells, D. C.Tenn. (1972), 347 F.Supp. 1026,...
  • Gaston v. Gibson, Civ. A. No. 6566.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • November 3, 1969
    ...1967); Brooks v. Moss, 242 F.Supp. 531 (W.D.S.C., 1965); McArthur v. Pennington, 253 F.Supp. 420 (this Court, 1963); Rue v. Snyder, 249 F.Supp. 740 (E.D.Tenn., 1966); Solomon v. Pennsylvania R. R., 96 F.Supp. 709 (S.D.N.Y., 1951); Antelope v. George, 211 F.Supp. 657 (D.C.Idaho, 1962); Jacks......
  • Request a trial to view additional results

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