BOARD OF PROFESSIONAL RESPONSIBILITY (2009)

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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org

RELEASE OF INFORMATION
DAVID E. DANNER, BPR# 17060
CONTACT: NANCY JONES
BOARD OF PROFESSIONAL RESPONSIBILITY
(615) 361-7500

August 19, 2009

FEDERAL COURT LAWSUIT AGAINST BOARD DISMISSED

On June 27, 2008, David E. Danner filed a complaint in the United States District Court for the Middle
District of Tennessee against the Board of Professional Responsibility and Disciplinary Counsel. In the
complaint, Mr. Danner alleged that in violation of 42 U.S.C. §§ 1983 and 1985, disciplinary action had been
taken against him in retaliation for an article he published in The City Paper in Nashville in March 2008
criticizing the Tennessee Plan’s selection process for state judges. On August 7, 2008, Senior U.S. District
Judge John T. Nixon dismissed the complaint under the abstention doctrine finding that it was in all material
respects identical to a lawsuit Danner had filed against the Board in April, 2006, and that it was undisputed that
no proceeding was ongoing seeking the suspension of Danner’s law license. Danner appealed from the
dismissal. The Sixth Circuit Court of Appeals affirmed the dismissal and Danner sought en banc review, which
was denied. On August 14, 2009, the Mandate of the Court of Appeals was sent to the district court.

Danner 3:08-0651 rel.doc

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