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TAMMY M. BRAWNER,
Plaintiff-Appellant,
v.
SCOTT COUNTY, TENNESSEE,
Defendant-Appellee.
   No. 19-5623
Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 3:17-cv-00108—J. Ronnie Greer, District Judge.
Argued: June 1, 2020
Decided and Filed: September 22, 2021
Before: CLAY, WHITE, and READLER, Circuit Judges.


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OPINION
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HELENE N. WHITE, Circuit Judge. Tammy Brawner appeals the district court’s grant of judgment as a matter of law under Rule 50(a), arguing that she presented sufficient evidence for a jury to find that the multiple seizures she suffered while a pretrial detainee in the Scott County jail were the result of Scott County’s unconstitutional policies or customs. Because Brawner presented sufficient evidence for a jury to find Scott County liable for her injuries based on two of its policies, we REVERSE and REMAND IN PART, and otherwise AFFIRM.



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SANTO’S ITALIAN CAFÉ LLC,
Plaintiff-Appellant,
v.
ACUITY INSURANCE COMPANY,
Defendant-Appellee.
   No. 21-3068
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-01192—Pamela A. Barker, District Judge.
Argued: September 16, 2021
Decided and Filed: September 22, 2021
Before: SUTTON, Chief Judge; BATCHELDER and LARSEN, Circuit Judges.


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OPINION
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SUTTON, Chief Judge. Santosuossos is an Italian restaurant in Medina, Ohio. The COVID-19 pandemic was not good for the restaurant’s business or for that matter most hospitality services. First came an understandable reluctance by patrons to enter enclosed public spaces such as restaurants. Then came the State of Ohio’s order to suspend all in-person dining operations at restaurants to slow the spread of the virus. Through it all, Santosuossos lost considerable revenue and understandably blamed the pandemic and shut-down order for its economic woes. The owner of the restaurant sued its insurer, Acuity Insurance Company, for coverage under its commercial property insurance policy, which covers business interruption “caused by direct physical loss of or damage to property.” R.7-7 at 29. The district court granted Acuity’s motion to dismiss, reasoning that the policy did not cover this kind of peril. We agree and affirm.



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BRIAN B. DEVEREUX; RENEE DEVEREUX,
Plaintiffs-Appellees,
v.
KNOX COUNTY, TENNESSEE,
Defendant-Appellant.
   No. 19-6071
Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 3:17-cv-00197—J. Ronnie Greer, District Judge.
Argued: March 23, 2021
Decided and Filed: September 22, 2021
Before: BATCHELDER, GRIFFIN, and STRANCH, Circuit Judges.


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OPINION
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JANE B. STRANCH, Circuit Judge. Brian Devereux suffered a major stroke during or around the period of his custody by Knox County for misdemeanor first-time DUI. Corrections > No. 19-6071 Devereux, et al. v. Knox Cnty., Tenn. Page 2 officers were in and out of the holding cell where he sat motionless for several hours but did not provide medical attention until it was too late to mitigate the stroke’s effects. Devereux and his wife, Renee Devereux,1 sued the officers and Knox County. They brought federal civil rights claims as well as negligence claims under the Tennessee Governmental Tort Liability Act, which waives sovereign immunity for certain claims, but not those arising from “civil rights.” After years of litigation, the district court dismissed all of Devereux’s claims against the officers as well as his civil rights claims against Knox County. It then declined to exercise supplemental jurisdiction over the TGTLA claims and dismissed them without prejudice, allowing Devereux to refile them in state court. Knox County objects, arguing that the district court should have retained jurisdiction and determined that the TGTLA’s “civil rights exception” necessarily barred Devereux’s negligence claims. The parties also move to certify a question about the civil rights exception’s timing and scope to the Tennessee Supreme Court. We VACATE the district court’s 2018 order denying Knox County’s first motion to dismiss only as to its rationale regarding the TGTLA negligence claim and VACATE the portion of the district court’s order of September 11, 2019, that relied on that vacated part of the district court’s 2018 order, AFFIRM its judgment in all other respects, and DENY the parties’ joint motion to certify.