Legal Opinion

Hill v. Tennessee

District Court, E.D. Tennessee

Decided May 30, 1978No. CIV-2-78-23Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The petitioner Mr. Hill, who is in the custody of the respondent pursuant to his convictions in the Criminal Court of Washington County, Tennessee, seeks herein a declaratory judgment by this Court, 28 U.S.C. § 2201,1 that such convictions are “ * * * unconstitutional and [to] [o]rder same void and of no effect and [o]rder the records relative to same expunged. * * * ” The respondent moved for a dismissal of this action for the failure of the petitioner to state a claim upon which relief can be granted. Rule 12(b)(6), Federal Rules of Civil…

2Cases cited8 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Ralph K. Forsythe v. State of OhioCourt of Appeals for the Sixth Circuit · 1964
  4. Ralph King v. Harvey Sloane, MayorCourt of Appeals for the Sixth Circuit · 1976
  5. Sam Reed Scruggs v. C. Murray Henderson, Warden, Tennessee State PenitentiaryCourt of Appeals for the Sixth Circuit · 1967

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