Johnson v. Memphis Light, Gas & Water Div., No. 14-5484 (6th Cir. 2015)
Annotate this CaseJohnson, a long-time city employee (garbage collectors) was denied utility services by Memphis Light, Gas & Water, a division of the city, in February 2010 because he did not possess a state-issued photo identification card. Johnson, born in rural Mississippi, lacked a birth certificate, was illiterate and had intellectual disabilities that made it difficult for him to navigate the process of obtaining the necessary state identification. He lived without utilities for more than 18 months and died of heat stroke in August 2011. His wife and sister sued MLGW under 42 U.S.C. 1983; the Governmental Tort Liability Act (GTLA), Tenn. Code 29-20-205.; and Tennessee’s wrongful death statute, Tenn. Code 20-5-106. The court granted summary judgment for MLGW on the grounds that all of Plaintiffs’ claims were barred by the statutes of limitations. The Sixth Circuit reversed, finding sufficient evidence that Johnson was of unsound mind to apply the state's earlier tolling statute.
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