Hirsch v McGuire – Update Docket

The State Attorneys have responded, arguing that:

1. The Eleventh Amendment bars any claim for relief against the Prosecutors in their official capacities. Further, the Prosecutors in their official capacities are not “persons” under 42 U.S.C. §1983.
2. This case should be dismissed under the doctrine of abstention because it involves plaintiff’s on-going state criminal proceedings.
3. Plaintiff’s allegations fail to state a claim against District Attorney General Bottoms in his leadership position. General Bottoms cannot be liable based upon respondent superior. Gross negligence does not give rise to liability under 42 U.S.C. § 1983.
4. The doctrine of prosecutorial immunity bars all claims against District Attorney General Bottoms, Assistant District Attorney Generals Thompson, Bayless, Cooper and White because all allegations involve prosecutorial functions.
5. Plaintiff fails to state a claim upon which relief can be granted against District Attorney General Bottoms, Assistant District Attorney Generals Thompson, White, Bayless and Cooper. There are no claims based upon violations of the Tennessee Constitution.
6. The doctrine of sovereign immunity bars all state law claims against these Prosecutors in their official capacities. Exclusive jurisdiction for claims against the State based upon the negligence of a state employee lies in the Tennessee Claims Commission. These Prosecutors would be absolutely immune from liability for actions taken within the scope of employment.

09/09/2014 20 NOTICE of Appearance by Heather Cairns Ross on behalf of Caleb Bayles, Mike C. Bottoms, Brent Cooper, Christi L. Thompson, Jim White (Ross, Heather) (Entered: 09/09/2014)
09/09/2014 21 MOTION to Dismiss for Failure to State a Claim and, MOTION to Dismiss for Lack of Jurisdiction by Caleb Bayles, Mike C. Bottoms, Brent Cooper, Christi L. Thompson, Jim White. (Attachments: # 1 Attachment Plaintiff’s Motion to Continue Criminal Trial)(Ross, Heather) (Entered: 09/09/2014)
09/09/2014 22 MEMORANDUM in Support of 21 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction filed by Caleb Bayles, Mike C. Bottoms, Brent Cooper, Christi L. Thompson, Jim White . (Ross, Heather) (Entered: 09/09/2014)
09/09/2014 Bar status for attorney Heather C. Ross of TN verified as active on this date. (eh) (Entered: 09/09/2014)