HEDGEPETH v. TENNESSEE

No. 97-2825-TUV.

33 F.Supp.2d 668 (1998)

Andrew HEDGEPETH, Celia Burson, David McCleary, and Gaynell Metts, on behalf of themselves and all others similarly situated, Plaintiffs, v. State of TENNESSEE, State of Tennessee Department of Safety, and Mike Green, in his official capacity as Commissioner of the Tennessee Department of Safety, Defendants.

United States District Court, W.D. Tennessee, Western Division.

December 29, 1998.


Attorney(s) appearing for the Case

Alex Saharovich, Marc A. Sorin, Nahon & Saharovich, Michael F. Rafferty, Jonathan E. Scharff, Harris Shelton Dunlap & Cobb, Memphis, TN, for Plaintiffs.

S. Elizabeth Martin, Mary M. Collier, Office of the Attorney General, Civil Litigation and State Services, Nashville, TN, for Defendants.


ORDER ON DEFENDANTS' MOTION TO DISMISS

TURNER, District Judge.

Plaintiffs, handicapped individuals, allege that defendants' collecting fees for issuing handicapped parking placards violates the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101, et seq. Presently before the court is defendants' motion to dismiss which challenges whether this court has subject matter jurisdiction and whether the plaintiffs' claims are barred...

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