No. 18-745

Alan Overton v. Tennessee Department of Children's Services

Lower Court: Tennessee
Docketed: 2018-12-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights due-process family-law fundamental-rights parental-rights state-action strict-scrutiny substantive-due-process
Key Terms:
DueProcess
Latest Conference: 2019-01-11
Question Presented (from Petition)

Substantive Due Process limits the state's authority to deprive individuals of fundamental rights. The Tennessee courts in this case failed to conduct a substantive due process strict scrutiny analysis before depriving a parent of constitutionally protected fundamental rights.

The question presented is:

Does the court order and underlying state action which prohibits all contact between the father and his children violate substantive due process under the facts of this case. The Tennessee courts failed to conduct a substantive due process strict scrutiny analysis of the state action which deprived the father of constitutionally protected fundamental rights.

Question Presented (AI Summary)

Does the court order and underlying state action which prohibits all contact between the father and his children violate substantive due process under the facts of this case

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-17
Waiver of right of respondent TN Dept. of Children's Srvcs. to respond filed.
2018-12-06
Petition for a writ of certiorari filed. (Response due January 10, 2019)

Attorneys

Alan Overton
Alan L. Overton — Petitioner
TN Dept. of Children's Srvcs.
Joseph F. Whalen IIIAttorney general's Office, Respondent