Keebler v. Johnson City Power Board

E.D. Tennessee

Keebler v. Johnson City Power Board

505 F. Supp. 521, 1980 U.S. Dist. LEXIS 16035

CourtDistrict Court, E.D. Tennessee

DecidedSeptember 5, 1980

DocketNo. CIV-2-79-155

StatusPublished

This text of 505 F. Supp. 521 (Keebler v. Johnson City Power Board) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keebler v. Johnson City Power Board, 505 F. Supp. 521, 1980 U.S. Dist. LEXIS 16035 (E.D. Tenn. 1980).

Pincite

Opinion

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

A magistrate of this district recommended that the motion of the defendant Johnson City Power Board for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, be denied. 28 U.S.C. § 636(b)(1)(B). Such recommendation was filed with the Court, and a copy thereof was mailed to all parties. 28 U.S.C. § 636(b)(1)(C). No timely written objection thereto was served and filed. 28 U.S.C. § 636(b)(1). Such recommendation hereby is ACCEPTED. Idem.

A municipal corporation is not accorded an immunity for good-faith action(s) in defense of a claim of deprivation of civil rights. Owen v. City of Independence (1980), 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (decided April 16). The moving defendant is a utility board and agency created by act of the General Assembly of Tennessee and subject under Tennessee law to suit as any Tennessee corporation and may be “a department” of the municipal corporation which created it, cf. Keeble v. Loudon Utilities (1963), 212 Tenn. 483, 489-490[1], 370 S.W.2d 531; nevertheless, the plaintiff seeks equitable relief as well as damages from the defendants, and equity relief against the moving defendant would not be barred ordinarily even if such defendant is immune from monetary damages. Wood v. Strickland (1975), 420 U.S. 308, 314, 95 S.Ct. 992, 996, 43 L.Ed.2d 214, 221, n.6[2b].

Such defendant’s motion of July 31, 1980, therefore, hereby is

DENIED.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

A magistrate of this district recommended that the motion of the defendant Johnson City Power Board for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, be denied. 28 U.S.C. § 636(b)(1)(B). Such recommendation was filed with the Court, and a copy thereof was mailed to all parties. 28 U.S.C. § 636(b)(1)(C). No timely written objection thereto was served and filed. 28 U.S.C. § 636(b)(1). Such recommendation hereby is ACCEPTED. Idem.

A municipal corporation is not accorded an immunity for good-faith action(s) in defense of a claim of deprivation of civil rights. Owen v. City of Independence (1980), 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (decided April 16). The moving defendant is a utility board and agency created by act of the General Assembly of Tennessee and subject under Tennessee law to suit as any Tennessee corporation and may be “a department” of the municipal corporation which created it, cf. Keeble v. Loudon Utilities (1963), 212 Tenn. 483, 489-490[1], 370 S.W.2d 531; nevertheless, the plaintiff seeks equitable relief as well as damages from the defendants, and equity relief against the moving defendant would not be barred ordinarily even if such defendant is immune from monetary damages. Wood v. Strickland (1975), 420 U.S. 308, 314, 95 S.Ct. 992, 996, 43 L.Ed.2d 214, 221, n.6[2b].

Such defendant’s motion of July 31, 1980, therefore, hereby is

DENIED.

Cite This Page — Counsel Stack

Bluebook (online)

505 F. Supp. 521, 1980 U.S. Dist. LEXIS 16035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keebler-v-johnson-city-power-board-tned-1980.

Opinion

Related

Cite This Page — Counsel Stack