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U.S. v. TENNESSEE

No. 09-5474.

615 F.3d 646 (2010)

UNITED STATES of America, Plaintiff-Appellee, People First of Tennessee, on behalf of all its members, Intervenors-Appellees, Parent-Guardian Associations of Arlington Developmental Center, Intervenor, v. State of TENNESSEE; Phil Bredesen, in his official capacity as Governor of the State of Tennessee; Virginia Betts, in her official capacity as Commissioner of the Department of Mental Health and Developmental Disabilities; M.D. Goetz, Jr., in his official capacity as Commissioner of the Tennessee Department of Finance and Administration; Nina Staples, in her official capacity as Chief Officer of the Arlington Developmental Center, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael W. Kirk, Cooper & Kirk, PLLC, Washington, D.C., for Appellants. Judith A. Gran, Reisman Carolla Gran LLP, Haddonfield, New Jersey, Lisa J. Stark, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Michael W. Kirk, Charles J. Cooper, Derek L. Shaffer, Brian S. Koukoutchos, Cooper & Kirk, PLLC, Washington, D.C., Dianne S. Ducus, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants. Judith A. Gran, Reisman Carolla Gran LLP, Haddonfield, New Jersey, Mark L. Gross, Sarah E. Harrington, United States Department of Justice, Washington, D.C., Earle J. Schwarz, Law Office, Memphis, Tennessee, for Appellees.

Before: BOGGS, SUHRHEINRICH, and ROGERS, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

The State of Tennessee ("State") appeals the district court's denial of its motion under Federal Rule of Civil Procedure Rule 60(b)(5). The sole issue on appeal is whether the district court abused its discretion when it refused to vacate all outstanding court orders and consent decrees granting injunctive relief ("injunctive relief"). This injunctive relief arises from the district court's original 1993 ruling that the...

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