Clifford Leon Houston v. James B. Scott et al

Case Number
E2010-01660-COA-R3-CV

The plaintiff filed this civil action in the shadow of a criminal case brought against him, which resulted in an acquittal. The defendants named in this civil action include two trial judges who presided over different aspects of the criminal case, the Circuit Court Clerk and two deputy court clerks of Roane County, Tennessee, and the State of Tennessee. All of the defendants filed motions to dismiss the civil action or motions for summary judgment on various grounds including judicial immunity, sovereign immunity, and that all of the alleged acts or omissions were performed under the color of law or in the performance of their official duties. The trial judge dismissed the civil action against the judges based upon judicial immunity, dismissed the action against the State upon sovereign immunity, and summarily dismissed the action against the clerks upon the unrefuted fact that the clerks properly fulfilled their official duties and because the complaint failed to explain how the plaintiff was damaged by the clerks’ actions. The trial court also dismissed Roane County, which was named as a defendant, because no specific allegations were made against the county independent of the claims against the clerks. We affirm the trial court in all respects.

Authoring Judge
Per Curiam
Originating Judge
Senior Judge Walter C. Kurtz
Case Name
Clifford Leon Houston v. James B. Scott et al
Date Filed
Dissent or Concur
No
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