WIMLEY v. RUDOLPH


931 S.W.2d 513 (1996)

Sherry WIMLEY, Plaintiff/Appellee, v. Linda RUDOLPH, Commissioner of the Tennessee Department of Human Services, Defendant/Appellant.

Supreme Court of Tennessee, at Nashville.

October 7, 1996.


Attorney(s) appearing for the Case

Charles W. Burson, Attorney General and Reporter, Michael E. Moore, Solicitor General, Dianne Stamey Dycus, Senior Counsel, Civil Division, Nashville, for Appellant.

David Kozlowski, Legal Services of South, Central Tennessee, Inc., Tullahoma, for Appellee.


OPINION

WHITE, Justice.

The issue in this case is whether plaintiff can combine an original action under 42 U.S.C. § 1983 with a petition for judicial review under the Uniform Administration Procedures Act when the sole relief requested under the Section 1983 claim is an award of attorney fees. We affirm the Court of Appeals' decision allowing plaintiff an award of attorney fees.

Plaintiff, a recipient...

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