Long v. State of Tennessee

Filing 48

MEMORANDUM AND ORDER. The State of Tennessee will be DISMISSED from this action. Plaintiff will be GRANTED LEAVE TO AMEND his complaint to substitute an appropriate state official. Petitioner SHALL file an amended complaint within thirty days or his claims will be DISMISSED WITH PREJUDICE. Signed by District Judge Travis R McDonough on 12/19/2018. (AML, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
CURTIS LONG,
Plaintiff,
v.
STATE OF TENNESSEE,
Defendant.

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Case No. 3:17-cv-113
Judge Travis R. McDonough
Magistrate Judge H. Bruce Guyton

MEMORANDUM AND ORDER

The United States Court of Appeals for the Sixth Circuit has vacated this Court’s
judgment dismissing this action under Younger v. Harris, 401 U.S. 37 (1971), and remanded,
directing this Court to dismiss the State of Tennessee as a defendant and to allow Plaintiff to
amend his complaint to substitute a state official. (Doc. 47.) Accordingly, the State of
Tennessee will be DISMISSED from this action. Plaintiff will be GRANTED LEAVE TO
AMEND his complaint to substitute an appropriate state official.
Plaintiff is suing the State of Tennessee in federal court under 42 U.S.C. § 1983 and in
state court. Both cases challenge the Tennessee Sexual Offender and Violent Sexual Offender
Registration, Verification, and Tracking Act of 2004, Tennessee Code Ann. § 40-39-201 et seq.
This Court abstained under Younger, due to the pending state-court proceeding, but the Sixth
Circuit held that sovereign immunity precludes this suit because “[t]he Eleventh Amendment
generally ‘deprives federal courts of subject-matter jurisdiction when a citizen sues his own
State.’” (Doc. 47, at 2 (quoting Russell v. Lundergan-Grimes, 784 F.3d 1037, 1046 (6th Cir.
2015)).) The Sixth Circuit found that, although the State of Tennessee argued for the first time

on appeal that the Eleventh Amendment bars this suit, the State did not waive the argument
because it is a “true jurisdictional bar.” (Id. at 3 (quoting Russell, 784 F.3d at 1046).) The Sixth
Circuit further found that none of the three exceptions was applicable here. (Id.) The Sixth
Circuit therefore concluded that sovereign immunity bars this suit against the State of Tennessee.
(Id. at 4.) However, to avoid prejudicing Plaintiff, the Sixth Circuit directed this Court to allow
Plaintiff to substitute a state official. (Id. (citing Berndt v. Tennessee, 796 F.2d 879, 884 (6th
Cir. 1986)).)
In accordance with the Sixth Circuit’s mandate, the State of Tennessee is hereby
DISMISSED from this action. Petitioner is GRANTED LEAVE TO AMEND his complaint
to substitute an appropriate state official. Petitioner SHALL file an amended complaint within
thirty days or his claims will be DISMISSED WITH PREJUDICE.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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