BERNDT v. STATE OF TENN.

No. 84-5493.

796 F.2d 879 (1986)

Richard BERNDT, Plaintiff-Appellant, v. STATE OF TENNESSEE and Lakeshore Mental Health Institute, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1986.


Attorney(s) appearing for the Case

Susan L. Kay, argued, Vanderbilt Legal Clinic, Vanderbilt Law School, Nashville, Tenn., for plaintiff-appellant.

W.J. Michael Cody, Atty. Gen., Nashville, Tenn., Kathleen A. Maloy, Robert Conley, argued, for defendants-appellees.

Before LIVELY, Chief Judge, JONES, Circuit Judge, and PECK, Senior Circuit Judge.


NATHANIEL R. JONES, Circuit Judge.

This is the second time this case has reached us after the district court dismissed plaintiff's complaint in the pleading stage. The district court initially construed the complaint as a habeas corpus petition and dismissed for failure to exhaust state court remedies under 28 U.S.C. § 2254(b) (1982). In Berndt v. State of Tennessee and Lakeshore Health Mental Institute, 727 F.2d 1108 (6th Cir.1984),1...

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