October 2018 | No. CT-001942-16 (Tenn. Ct. App. 2018)

Millen v. Hatter (Tennessee 2018)

The Tennessee Department of Human Services (TDHS) issued an administrative order to garnish the father’s bank account for unpaid child support. In response, the father filed a document titled “Opening Complaint Asking for Injunctive Relief and Restitution for Kevin ‘The King’ Millen.” He served the bank and the TDHS Commissioner. TDHS filed a motion to dismiss for lack of subject matter jurisdiction, insufficiency of service of process, and failure to state a claim upon which relief can be granted. The father appealed. The court of appeals upheld the dismissal. It found that TDHS has sovereign immunity and that the father had not demonstrated the state’s consent to the suit.

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