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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


Certiorari denied · January 14, 2019
Pre-decision estimate: 0% cert probability

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

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 17 2018
    Waiver of right of respondent TN Dept. of Children's Srvcs. to respond filed.
  4. Dec 06 2018
    Petition for a writ of certiorari filed. (Response due January 10, 2019)