Crafton v. Rose

1 Citing case

  1. Campbell v. Buckles

    448 F. Supp. 288 (E.D. Tenn. 1977)   Cited 5 times

    The state of Tennessee is not a "* * * person * * *" within the meaning of 42 U.S.C. ยง 1983 and thus is not subject to suit thereunder. Crafton v. Rose, D.C.Tenn. (1972), 369 F. Supp. 131, 132. Furthermore, the state of Tennessee "* * * is plainly immune from this suit for damages under the Eleventh Amendment and the holding of Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662(1974). * * *"Kurz v. State of Michigan, C.A.6th (1977), 548 F.2d 172, 174. The complaint avers that such sovereign "* * * is named herein as a nominal [d]efendant * * * solely for the purpose of recovery of sums payable to [the] [p]laintiff * * *" herein.