no state jurisdiction for § 1983 actions
How later courts described this case
- no state jurisdiction for § 1983 actions
Written by the judges who cited it.
Later courts went against this
Overruled by Poling v. Goins, 1986 Tenn. LEXIS 836 (1986)
Maine v. Thiboutot, 448 U.S. 1, 10-11, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980) (citing Martinez v. California, 444 U.S. 277, 100 S.Ct. 553, 62 L.Ed.2d 481 (1980)); Wimley v. Rudolph, 931 S.W.2d 513, 515 (Tenn.1996); Poling v. Goins, 713 S.W.2d 305, 306 (Tenn.1986) (overruling Chamberlain v. Brown, 223 Tenn. 25, 442 S.W.2d 248 (1969)).
The opinion
Opinion on Petition to Rehear
Mr. Justice Creson.
In this cause, a petition to rehear has been filed and considered, together with reply thereto.
To begin with, the petition to rehear fails to meet the requirements of Rule 32 of this Court. In the next place, the petition to rehear, in its entirety, reflects misinterpretation of the Court’s original opinion. All of the contentions made, the authorities cited and many others, were critically considered at the time of preparation and deliverance of such original opinion.
The petition to rehear is denied.
Burnett, Chief Justice, and Dyer, Chattin and Humphreys, Justices, concur.