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Alan Overton v. Tennessee Department of Children's Services
Paid petition · Court of Appeals of Tennessee, Eastern Division, No. E2017-01605-COA-R3-JV · judgment June 13, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Substantive Due Process limits the state's authority to deprive individuals of fundamental rights. The Tennessee courts in this case failed to conduct a substantive due process strict scrutiny analysis before depriving a parent of constitutionally protected fundamental rights. The question presented is: Does the court order and underlying state action which prohibits all contact between the father and his children violate substantive due process under the facts of this case. The Tennessee courts failed to conduct a substantive due process strict scrutiny analysis of the state action which deprived the father of constitutionally protected fundamental rights.
Counsel of record
For petitioner
Alan L. Overton
For respondent
Joseph F. Whalen III
Attorney general's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 14 2019Petition DENIED.
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 17 2018Waiver of right of respondent TN Dept. of Children's Srvcs. to respond filed.
- Dec 06 2018Petition for a writ of certiorari filed. (Response due January 10, 2019)