Plaintiffs Royal E. Claybrook, Jr., Gwannette Claybrook, and Petrece Claybrook filed suit in district court as co-administrators of Royal E. Claybrook, Sr.'s estate. Quintana Claybrook also filed suit in the same action. The plaintiffs asserted claims under
42 U.S.C. § 1983, involving violations of Royal Claybrook, Sr.'s and Quintana Claybrook's Fourth, Fifth, Sixth, Eighth and Fourteenth Amendment rights by the Metropolitan Government of Nashville and Davidson County; police officers Jesse Birchwell, Steve Lewis, and Ken Spencer; and police chief Robert Kirchner. The defendants moved for dismissal for failure to state a claim under
Fed.R.Civ.P. 12(b)(6) and, in the alternative, for summary judgment. The district court granted the defendants' motions as an “alternate dismissal of the complaint for failure to state a claim and/or summary judgment adverse to the plaintiffs.”
Claybrook I, 199 F.3d at 353 n. 1. Plaintiffs appealed to this court, which affirmed the district court's dismissal of Quintana Claybrook's claims but reversed the district court's dismissal of the claims brought on behalf of Royal Claybrook, Sr., for violation of his rights “to be free from unlawful arrest and from unreasonable and excessive use of police force, to freedom of movement, to keep and bear arms, to be free from cruel and unusual punishment, to due process of law and to equal protection of law;” and for “failure to develop policies and procedures, to properly train police conduct [sic] in undercover activities, to train with regard to the use of deadly force and to supervise and regulate adequately.”
Id. at 356.