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Moss v. Tennessee Department of Human Services

United States District Court, M.D. Tennessee, Northeastern Division
Oct 7, 2008
Civil No. 2:07-0012 (M.D. Tenn. Oct. 7, 2008)

Summary

holding that a court-appointed conservator was "immune from civil rights claims arising from her actions as conservator" (citing Kurzawa, supra)

Summary of this case from Bracey v. Barbour

Opinion

Civil No. 2:07-0012.

October 7, 2008


ORDER


On August 28, 2008, the Magistrate Judge issued a Report and Recommendation (Docket No. 93), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of facts and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motions to Dismiss filed by the State defendants (Docket No. 17), Dr. Algisr Sidrys (Docket No. 19), John R. Beal and Cookeville Regional Medical Center Authority (Docket No. 21), Dr. John B. Averitt (Docket No. 23) and Kelly Tayes (Docket No. 60) are GRANTED, and the Complaint, as amended, against these defendants is DISMISSED WITH PREJUDICE. It is further ORDERED that the plaintiff's Motion for Partial Summary Judgment (Docket No. 26) is DENIED.

Because three defendants listed in the style of this case (Collins, Mattingly, and Welker) apparently remain defendants in this case, the case is REFERRED back to Magistrate Judge Bryant for further handling under the original referral Order.

It is so ORDERED.


Summaries of

Moss v. Tennessee Department of Human Services

United States District Court, M.D. Tennessee, Northeastern Division
Oct 7, 2008
Civil No. 2:07-0012 (M.D. Tenn. Oct. 7, 2008)

holding that a court-appointed conservator was "immune from civil rights claims arising from her actions as conservator" (citing Kurzawa, supra)

Summary of this case from Bracey v. Barbour

accepting the magistrate's report, which concluded that DHS's sovereign immunity was one of several legal grounds that required dismissal of the complaint

Summary of this case from Hornberger v. Tennessee
Case details for

Moss v. Tennessee Department of Human Services

Case Details

Full title:LELLA V. MOSS, by agent and next friend Tommy Moss, et al., Plaintiffs, v…

Court:United States District Court, M.D. Tennessee, Northeastern Division

Date published: Oct 7, 2008

Citations

Civil No. 2:07-0012 (M.D. Tenn. Oct. 7, 2008)

Citing Cases

Hornberger v. Tennessee

As an initial matter, the court notes that other courts have consistently concluded that DHS is an "arm of…

Bracey v. Barbour

However, also because they act in a quasi-judicial role, conservators are entitled to absolute judicial…