Tucker v. Callahan

MEMORANDUM

WISEMAN, Chief Judge.

The defendant has filed a motion asking this Court to abstain from exercising jurisdiction by dismissing or, in the alternative, staying this action on the grounds of Colorado River Water Conservation District v. U.S., 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). The issue before the Court is whether or not to decline to exercise federal jurisdiction over plaintiff’s 42 U.S.C. § 1983 claim.

Facts

The plaintiff, Mitchell Tucker, states that he was assaulted and severely injured in the Harbour Inn parking lot in New John-sonville, Tennessee. Plaintiff alleges…