Davis v. McClaran

OPINION

DROWOTA, Justice.

This case presents the question of whether individual plaintiffs may bring an *414action against the Child Support Services Division of the Tennessee Department of Human Services (DHS) pursuant to 42 U.S.C. § 1983 to enforce their rights to child support services allegedly conferred by Title IVD of the Social Security Act, 42 U.S.C. § 651 et seq. The Court of Appeals reversed the trial court’s judgment denying the requested relief, holding instead that the plaintiffs were entitled to bring an action under § 1983 to force the State to “substantially comply” with the…