Kenner v. Morris, 77-1195
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | Before EDWARDS, Chief Judge, and KEITH and MERRITT; PER CURIAM |
| Citation | 600 F.2d 22 |
| Parties | R. Robertson KENNER, Plaintiff-Appellant, v. Joe C. MORRIS, Ray Blanton, William Leech, Jr., Marita T. Kenner, Defendants-Appellees. |
| Docket Number | No. 77-1195,77-1195 |
| Decision Date | 27 March 1979 |
Page 22
v.
Joe C. MORRIS, Ray Blanton, William Leech, Jr., Marita T.
Kenner, Defendants-Appellees.
Sixth Circuit.
Page 23
Maurice R. Franks, Pueblo, Colo., for plaintiff-appellant.
Brooks McLemore, Jr., Atty. Gen. of Tennessee, William C. Koch, Jr., Nashville, Tenn., Thomas H. Rainey, Menzies, Rainey & Kizer, Jackson, Tenn., C. Hayes Cooney, Chief Deputy Atty. Gen. of Tennessee, Nashville, Tenn., for defendants-appellees.
Before EDWARDS, Chief Judge, and KEITH and MERRITT, Circuit Judges.
PER CURIAM:
This case presents a direct constitutional attack on Tennessee Code Annotated §§ 36-820, 821, which provides that husbands, but not wives, are liable for alimony and child support payments.
These proceedings are related to a domestic relations dispute between Dr. R. Robertson Kenner and his estranged wife, Marita T. Kenner. The two were married in 1960. On February 7, 1975, Mrs. Kenner filed a complaint for absolute divorce. Mrs. Kenner also filed a Petition for Alimony Payments Pendente lite, seeking support for herself and the couple's four minor children. Dr. Kenner, a psychiatrist, did not seek or try to establish a right to support or alimony for himself.
In March of 1976, the Tennessee state trial court ordered Dr. Kenner to pay $2,000 per month alimony and support to his wife. He petitioned for reconsideration and/or reduction and his wife filed a petition for contempt, claiming that Dr. Kenner was not making the court-ordered payments.
In the meanwhile, Dr. Kenner filed an action on April 12, 1976, in the United States District Court for the Western District of Tennessee, seeking declaratory and injunctive relief, alleging that the state alimony statutes involved were sex-discriminatory.
Since this action was filed before Congress passed Public Law 94-381, curtailing the jurisdiction of three-judge district courts, a three-judge court was convened, composed of Chief Circuit Judge Harry Phillips and District Judges Bailey Brown and Harry Wellford. The three-judge court dismissed Dr. Kenner's action in February of 1977 on two grounds: 1) because Dr. Kenner had no standing, since he did not seek alimony or support for himself, and 2) because, since a viable forum for plaintiff's claims existed in the state courts, the federal court should abstain from interference with a pending state court proceeding, especially since...
To continue reading
Request your trial
-
Lynk v. LaPorte Superior Court No. 2, 85-1526
...a doctrine of abstention also applicable to cases brought in federal court under the federal-question jurisdiction, see Kenner v. Morris, 600 F.2d 22, 24 (6th Cir.1979) (per curiam); Williams v. Williams, 532 F.2d 120, 122 (8th Cir.1976) (per curiam); Gras v. Stevens, 415 F.Supp. 1148, 1154......
-
Parker v. Turner, 78-1063
...its pending contempt orders which acted to vindicate the authority of its state judges. We followed these principles in Kenner v. Morris, 600 F.2d 22 (6th Cir. 1979). There, a husband was involved in bitter divorce/alimony proceedings. He filed suit in federal court, claiming that Tennessee......
-
Traughber v. Beauchane, s. 84-5366
...222-224, 50 L.Ed.2d 227 (1976); Gibson v. Berryhill, 411 U.S. 564, 577, 93 S.Ct. 1689, 1697, 36 L.Ed.2d 488 (1973). Cf. Kenner v. Morris, 600 F.2d 22, 24 (6th Cir.1979) (Younger abstention appropriate when state remedies certain and adequate). Unusual circumstances then exist in this case w......
-
Alexander v. Morgan, CIVIL ACTION NO. 3:18-CV-288-CRS
...true when considering the massive importance of the state's interest in child custody and support proceedings. See e.g. Kenner v. Morris , 600 F.2d 22, 24 (6th Cir. 1979) (permitting Younger abstention where there were allegations of discrimination in a child custody and support proceeding ......
-
Lynk v. LaPorte Superior Court No. 2, No. 85-1526
...a doctrine of abstention also applicable to cases brought in federal court under the federal-question jurisdiction, see Kenner v. Morris, 600 F.2d 22, 24 (6th Cir.1979) (per curiam); Williams v. Williams, 532 F.2d 120, 122 (8th Cir.1976) (per curiam); Gras v. Stevens, 415 F.Supp. 1148, 1154......
-
Parker v. Turner, No. 78-1063
...its pending contempt orders which acted to vindicate the authority of its state judges. We followed these principles in Kenner v. Morris, 600 F.2d 22 (6th Cir. 1979). There, a husband was involved in bitter divorce/alimony proceedings. He filed suit in federal court, claiming that Tennessee......
-
Traughber v. Beauchane, Nos. 84-5366
...222-224, 50 L.Ed.2d 227 (1976); Gibson v. Berryhill, 411 U.S. 564, 577, 93 S.Ct. 1689, 1697, 36 L.Ed.2d 488 (1973). Cf. Kenner v. Morris, 600 F.2d 22, 24 (6th Cir.1979) (Younger abstention appropriate when state remedies certain and adequate). Unusual circumstances then exist in this case w......
-
Alexander v. Morgan, CIVIL ACTION NO. 3:18-CV-288-CRS
...true when considering the massive importance of the state's interest in child custody and support proceedings. See e.g. Kenner v. Morris , 600 F.2d 22, 24 (6th Cir. 1979) (permitting Younger abstention where there were allegations of discrimination in a child custody and support proceeding ......