White v. Revco Discount Drug Centers, Inc.
Tennessee Supreme Court
33 S.W.3d 713 (2000)
Danny Boone was a police officer and worked for Revco Discount Drug Centers, Inc. (defendant) as a security guard when he was off-duty. Revco hired Boone in part because under Tennessee state law, off-duty officers could issue citations. One day, James Woodfin caused a disturbance in the Revco store where Boone was working as a security guard. Boone issued Woodfin a citation. When Woodfin did not report as instructed by the citation, Boone’s Revco supervisor directed Boone to go to Woodfin’s apartment and serve an arrest warrant. Boone complied and brought uniformed police officers to Woodfin’s apartment to arrest him. While serving the warrant, Boone’s Revco supervisor called him back to the store to issue a citation to a shoplifter. Boone did so and then went back to Woodfin’s apartment to complete the arrest. During the attempted arrest, one of the officers shot and killed Woodfin. The next of kin and heirs of Woodfin (plaintiffs) brought a wrongful-death suit seeking to hold Revco vicariously liable for Woodfin’s death. The court dismissed the complaint for failure to state a claim. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Barker, J.)
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