Petitioner appeals the dismissal of his complaint, which asserted numerous claims relating, inter alia, to the practice monitor condition of his suspension from the practice of law. The trial court dismissed the complaint finding the defendants in the action were immune under either sovereign immunity, judicial immunity, quasi-judicial quasi-prosecutorial immunity, qualified immunity, or Tennessee Supreme Court Rule 9, Section 27 immunity. The trial court further found that the action was a collateral attack on the ruling by the Tennessee Supreme Court regarding Petitioner’s suspension; thus, it did not have subject matter jurisdiction to rule on matters in the disciplinary proceedings. We affirm the trial court’s ruling on all claims except for the Public Records Act, which we remand to the trial court for a determination of whether the records requested are subject to inspection and whether they have in fact been made available for inspection.
Case Number
M2012-00778-COA-R3-CV
Originating Judge
Chancellor Carol L. McCoy
Case Name
State of Tennessee ex rel., Herbert S. Moncier, et al., v. Nancy S. Jones, et al.
Date Filed
Dissent or Concur
No
Download PDF Version
moncierh778__opn.pdf120.69 KB