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LILLY v. SMITH

790 S.W.2d 539 (1990)

Beverly LILLY, Plaintiff-Appellant, v. Dr. Charles SMITH, Commissioner of the Department of Education For the State of Tennessee; Walter L. Price, Chairman of the Tennessee Higher Education Commission; Dr. Arliss L. Roaden, Executive Director of the Tennessee Higher Education Commission; Tennessee Higher Education Commission; Lamar Alexander, President of the University of Tennessee System; University of Tennessee System; Thomas J. Garland, Chancellor of the State University and Community College System of Tennessee; the State University and Community College System of Tennessee; the Board of Nursing of the State of Tennessee; Dolores Moore, Chairman of the Board of Nursing of the State of Tennessee; Elizabeth Lund, Executive Director of the Board of Nursing of the State of Tennessee; Dr. Karan A. Bowyer, President of Dyersburg State Community College; Dyersburg State Community College; Raymond C. Bowen, President of Shelby State Community College; Shelby State Community College; and Dr. Margaret N. Perry, Chancellor of the University of Tennessee at Martin; University of Tennessee at Martin, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Application for Permission to Appeal Denied May 7, 1990.

Attorney(s) appearing for the Case

James D. Senter III, Senter & Senter, Humboldt, Randy C. Camp, Alamo, for plaintiff-appellant.

Charles Burson, Atty. Gen. and Reporter, Jane W. Young, Asst. Atty. Gen., Nashville, Beauchamp E. Brogan, Gen. Counsel, Catherine S. Mizell, Associate Gen. Counsel, University of Tennessee, Knoxville, for defendants-appellees.

Application for Permission to Appeal Denied by Supreme Court May 7, 1990.

OPINION

LEWIS, Judge.

Plaintiff brought this suit on behalf of herself and others similarly situated against the defendants when she was refused admission to a state nursing school based on a policy which she alleged was invoked, executed and enforced in violation of art. I, sec. 8, of the Tennessee Constitution and the fourteenth amendment to the U.S. Constitution.

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