Legal Opinion

Hedgepeth v. Tennessee

District Court, W.D. Tennessee

Decided December 29, 1998No. 97-2825-TUVPublishedCited by 15 opinions

1Opinion of the Court

ORDER ON DEFENDANTS’ MOTION TO DISMISS

TURNER, District Judge.

Plaintiffs, handicapped individuals, allege that defendants’ collecting fees for issuing handicapped parking placards violates the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101, et seq. Presently before the court is defendants’ motion to dismiss which challenges whether this court has subject matter jurisdiction and whether the plaintiffs’ claims are barred by the applicable statute of limitations.

I. Standards of Review

A.Motion to Dismiss for Lack of Subject Matter Jurisdiction

When considering a motion to…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  5. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955

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3Cited by15 opinions

  1. Marcus v. Kansas, Department of RevenueCourt of Appeals for the Tenth Circuit · 1999
  2. Hexom v. Oregon Department of TransportationCourt of Appeals for the Ninth Circuit · 1999
  3. Schall v. Wichita State UniversitySupreme Court of Kansas · 2000
  4. Cox v. Shelby State Community CollegeCourt of Appeals for the Sixth Circuit · 2002
  5. Granville Amos v. Maryland Department Of Public Safety And Correctional ServicesCourt of Appeals for the Fourth Circuit · 1999

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