Oldham v. American Civil Liberties Union Foundation of Tennessee, Inc.

MEMORANDUM

HIGGINS, District Judge.

The Court has before it the defendant’s renewed motion (filed November 5, 1993; Docket Entry No. 39) to dismiss and the plaintiffs response (filed December 3, 1993; Docket Entry No. 44). For the reasons set forth below, the defendant’s motion shall be denied, and this action shall be remanded to the Chancery Court of Sumner County, Tennessee.

I

This is a school-prayer case with an unusual twist. A high school principal brings the action against the American Civil Liberties Union in response to the ACLU’s threat to pursue litigation concerning prayers at high…