Case: Johnson v. Bredesen

3:08-cv-00187 | U.S. District Court for the Middle District of Tennessee

Filed Date: Feb. 25, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On February 25, 2008, Plaintiffs filed a lawsuit 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Tennessee, Nashville Division. Plaintiffs are all Tennessee residents and convicted felons. Plaintiffs sought to invalidate those portions of Tenn. Code Ann. § 40-29-202 that condition the restoration of voting rights for people previously convicted of "infamous crimes" upon their payment of certain legal financial obligations, namely restitution and child support. Plaintiffs …

On February 25, 2008, Plaintiffs filed a lawsuit 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Tennessee, Nashville Division. Plaintiffs are all Tennessee residents and convicted felons. Plaintiffs sought to invalidate those portions of Tenn. Code Ann. § 40-29-202 that condition the restoration of voting rights for people previously convicted of "infamous crimes" upon their payment of certain legal financial obligations, namely restitution and child support. Plaintiffs assert that this statute, by denying the vote to those who have not satisfied certain legal financial obligations, violates their fundamental right to vote and discriminates among citizens on the basis of wealth. More specifically, Plaintiffs claim that the statute at issue violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Twenty-Fourth Amendment to the United States Constitution, the Ex Post-Facto Clauses of the United States and Tennessee Constitutions, the Privileges and Immunities Clauses of the United States and Tennessee Constitutions, and the Due Process Clauses of the United States and Tennessee Constitutions. Plaintiffs named as Defendants those state and county officials, in their official capacity, responsible for the implementation and enforcement of the state statutory scheme as it pertains to voter eligibility and registration. Plaintiffs sought declaratory and injunctive relief, nominal damages, attorney's fees and costs.

On June 23, 2008, the District Court (Judge Thomas A. Wiseman, Jr.) denied the county officials' motions to dismiss. On July 28, 2008, Plaintiffs amended their complaint. Thereafter, both parties filed motions for judgment on the pleadings. On September 22, 2008, the District Court (Judge Thomas A. Wiseman, Jr.) granted Defendants' Motion for Judgment on the Pleadings as to the constitutional challenges contained in the Amended Complaint, finding that Plaintiffs' constitutional challenges lacked merit.

Plaintiffs appealed to the Sixth Circuit. On October 28, 2010, in a published opinion, the Court of Appeals (Judge Deborah L. Cook) affirmed the District Court's decision.

On May 24, 2011, the Supreme Court of the United States denied cert.

Summary Authors

Xin Chen (6/22/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4752415/parties/friedmann-v-bredesen/


Judge(s)
Attorney for Plaintiff

Abudu, Nancy G. (Georgia)

Bradley, Neil (Georgia)

Attorney for Defendant

Burke, Elizabeth Sanders

Bussell, Allison L. (Tennessee)

Expert/Monitor/Master/Other

Ambrosius, Paul W. (Tennessee)

Documents in the Clearinghouse

Documents in this case

3:08-cv-00187

Docket

May 24, 2011

May 24, 2011

Docket
1

3:08-cv-00187

Complaint for Declaratory Relief, Injunctive Relief, and Norminal Monetary Damages

Feb. 25, 2008

Feb. 25, 2008

Complaint
44

3:08-cv-00187

Memorandum Opinion

June 23, 2008

June 23, 2008

Order/Opinion
57

3:08-cv-00187

Amended Complaint for Declaratory Relief, Injunctive Relief, and Norminal Monetary Damages

July 28, 2008

July 28, 2008

Complaint
59

3:08-cv-00187

Memorandum in Support of Motion for Judgment on the Pleadings as to the Constitutional Challenges Contained in the Amended Complaint, by Phil Bredesen, Brook Thompson, and Riley Darnell

Aug. 1, 2008

Aug. 1, 2008

Pleading / Motion / Brief
69

3:08-cv-00187

Plaintiffs' Memorandum in Support of Motion for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment

Aug. 22, 2008

Aug. 22, 2008

Pleading / Motion / Brief
77

3:08-cv-00187

Memorandum of Law in Support of Defendant Kim Buckley's Motion for Summary Judgment

Sept. 3, 2008

Sept. 3, 2008

Pleading / Motion / Brief
85

3:08-cv-00187

Memorandum Opinion

Sept. 22, 2008

Sept. 22, 2008

Order/Opinion

579 F.Supp.2d 1044

00615495511

08-06377

Brief Amicus-Curiae Brennan Center for Justice at NYU School of Law in Support of Plaintiffs-Appellants and Reversal

U.S. Court of Appeals for the Sixth Circuit

April 23, 2009

April 23, 2009

Pleading / Motion / Brief
006110772987

08-06377

6th Circuit Opinion

U.S. Court of Appeals for the Sixth Circuit

Oct. 28, 2010

Oct. 28, 2010

Order/Opinion

624 F.3d 742

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4752415/friedmann-v-bredesen/

Last updated Aug. 24, 2026, 7:07 p.m.

Docket for: Friedmann v. Bredesen
ECF Number Date Description Link
1 Feb. 25, 2008

COMPLAINT against Phil Bredesen, Brook Thompson, Riley Darnell, James Johnson, Kim Buckley, Ray Barrett, filed by Alexander Friedman, Terrence Johnson, Jim Harris.Filing fee paid $350.Summons issued. (Attachments: # 1 summons)(eh) (Entered: 02/26/2008)

RECAP
2 Feb. 25, 2008

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 02/26/2008)

RECAP
3 Feb. 25, 2008

NOTICE of Initial Case Management Conference set for Monday 4/7/2008 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. (eh) (Entered: 02/26/2008)

RECAP
4 Feb. 26, 2008

MOTION for attorney Nancy G. Abudu to Appear Pro Hac Vice by Alexander Friedman, Terrence Johnson, Jim Harris. (PHV fee paid) (Grant, Charles) Modified on 2/27/2008 (km). (Entered: 02/26/2008)

RECAP
5 Feb. 26, 2008

CERTIFICATE OF GOOD STANDING of Attorney Nancy G. Abudu from the United States District Court for the Middle District of Georgia filed by Alexander Friedman, Terrence Johnson, Jim Harris. (Grant, Charles) (Entered: 02/26/2008)

RECAP
6 Feb. 26, 2008

MOTION for attorney Moffatt Laughlin McDonald to Appear Pro Hac Vice by Alexander Friedman, Terrence Johnson, Jim Harris. (PHV fee paid)(Grant, Charles) Modified on 2/27/2008 (km). (Entered: 02/26/2008)

RECAP
7 Feb. 26, 2008

CERTIFICATE OF GOOD STANDING of Attorney Moffatt Laughlin McDonald from the United States District Court for the Northern of Georgia filed by Alexander Friedman, Terrence Johnson, Jim Harris. (Grant, Charles) (Entered: 02/26/2008)

RECAP
8 Feb. 26, 2008

MOTION for attorney Neil T. Bradley to Appear Pro Hac Vice by Alexander Friedman, Terrence Johnson, Jim Harris. (PHV fee paid) (Grant, Charles) Modified on 2/27/2008 (km). (Entered: 02/26/2008)

RECAP
9 Feb. 26, 2008

CERTIFICATE OF GOOD STANDING of Attorney Neil T. Bradley from the United States District Court for the Northern of Georgia filed by Alexander Friedman, Terrence Johnson, Jim Harris. (Grant, Charles) (Entered: 02/26/2008)

RECAP
10 Feb. 26, 2008

RECEIPT #34675-1502 in the amount of $150.00 posted for Moffatt Laughlin McDonald and Neil T. Bradley by Alexander Friedman, Terrence Johnson, Jim Harris re 6 and 8 Motions to Appear Pro Hac Vice. (km) (Entered: 02/27/2008)

RECAP
11 Feb. 26, 2008

RECEIPT #34675-1501 in the amount of $75.00 posted for Nancy Abdu by Alexander Friedman, Terrence Johnson, Jim Harris re 4 Motion to Appear Pro Hac Vice. (km) (Entered: 02/27/2008)

RECAP
12 Feb. 28, 2008

ORDER: Motions for Nancy G. Abudu,Moffatt Laughlin McDonald and Neil T. Bradley to Appear Pro Hac Vice 4, 6 and 8 are granted. As provided in the notice issued contemporaneously with the filing of the complaint in this case, the ICMC is set for 4/7/08 at 10:00 a.m. Signed by Judge Juliet E. Griffin on 2/28/08. (km) (Entered: 02/28/2008)

RECAP
13 Feb. 28, 2008

SUMMONS returned executed by Alexander Friedman, Terrence Johnson, Jim Harris. Phil Bredesen served on 2/28/2008. (Grant, Charles) (Entered: 02/28/2008)

RECAP
14 Feb. 28, 2008

SUMMONS returned executed by Alexander Friedman, Terrence Johnson, Jim Harris. Riley Darnell served on 2/28/2008. (Grant, Charles) (Entered: 02/28/2008)

RECAP
15 Feb. 28, 2008

SUMMONS returned executed by Alexander Friedman, Terrence Johnson, Jim Harris. Brook Thompson served on 2/28/2008. (Grant, Charles) (Entered: 02/28/2008)

RECAP
16 Feb. 28, 2008

SUMMONS returned executed by Alexander Friedman, Terrence Johnson, Jim Harris. Ray Barrett served on 2/28/2008. (Grant, Charles) (Entered: 02/28/2008)

RECAP
Feb. 28, 2008

Docket Annotation: Notification by email sent to pro hac vice attorney Nancy G. Abudu, Moffatt Laughlin McDonald and Neil T. Bradley regarding mandatory registration for a CM/ECF account. (km) Modified text on 2/29/2008 (km).

17 March 19, 2008

State Defendants' ANSWER to Complaint by Phil Bredesen, Brook Thompson, Riley Darnell.(Helou, William) (Entered: 03/19/2008)

RECAP
18 March 20, 2008

MOTION to Dismiss and Memorandum of Law by Ray Barrett. (Bussell, Allison) (Entered: 03/20/2008)

RECAP
March 20, 2008

Note to Filer re DE #17: Pursuant to court policy and procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service. (See Local Rule 5.01.). This document does not need to be re-filed unless otherwise directed by the Court. (km)

19 April 2, 2008

RESPONSE in Opposition re 18 MOTION to Dismiss and Memorandum of Law filed by Alexander Friedman, Terrence Johnson, Jim Harris. (McDonald, Laughlin) (Entered: 04/02/2008)

RECAP
20 April 2, 2008

PROPOSED CASE MANAGEMENT ORDER filed by Alexander Friedman, Phil Bredesen, Brook Thompson, Riley Darnell, Ray Barrett, Terrence Johnson, Jim Harris. (McDonald, Laughlin) (Entered: 04/02/2008)

RECAP
21 April 4, 2008

NOTICE of Appearance by John L. Ryder on behalf of James Johnson (Ryder, John) (Entered: 04/04/2008)

RECAP
April 7, 2008

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Initial Case Management Conference held on 4/7/2008; ORDER to enter. (Tape #G2008-059.) (jwc)

22 April 11, 2008

CASE MANAGEMENT ORDER: Written discovery to be completed by 7/18/2008; dispositive motions to be filed by 11/14/08. Case Management Conference set for 7/25/2008 at 01:00 PM. Signed by Magistrate Judge Juliet E. Griffin on 4/11/08. (gi) (Entered: 04/11/2008)

RECAP
23 April 11, 2008

ORDER: The Court has approved and entered parties' proposed case management, with slight modifications. The correct surname for Alexander Friedman is "Friedmann". Clerk is directed to terminate Alexander Friedman as a pltf and to substitute therefor Alexander Friedmann. Defts Buckley and Johnson have until 4/23/08 to file responses to the complaint. Motions to amend the pleadings to be filed by 7/18/08. The case management conference is set for 7/25/08 at 1:00 PM. At the parties' option, the conference will be held in courtroom 764 or by telephone. Clerk is directed to forward the case file to Judge Wiseman for his consideration of the mtn to dismiss 18 . Clerk is directed to enter Jerome C. Teel, Jr. as counsel for deft Buckley. Signed by Magistrate Judge Juliet E. Griffin on 4/11/08. (gi) (Entered: 04/11/2008)

RECAP
24 April 15, 2008

Letter from Clerk to Jerome C. Teel, Jr. re compliance with Local Rule 83.01. (km) (Entered: 04/15/2008)

RECAP
25 April 17, 2008

SUMMONS returned executed by Terrence Johnson, Jim Harris, Alexander Friedmann. Kim Buckley served on 4/2/2008. (McDonald, Laughlin) (Entered: 04/17/2008)

RECAP
26 April 17, 2008

SUMMONS returned executed by James Johnson. James Johnson served on 4/2/2008. (McDonald, Laughlin) (Entered: 04/17/2008)

RECAP
27 April 21, 2008

NOTICE of Appearance by James I. Pentecost on behalf of Kim Buckley (Pentecost, James) (Entered: 04/21/2008)

RECAP
28 April 21, 2008

NOTICE of Appearance by Jon A. York on behalf of Kim Buckley (York, Jon) (Entered: 04/21/2008)

RECAP
29 April 22, 2008

MOTION to Dismiss by Kim Buckley. (Pentecost, James) (Entered: 04/22/2008)

RECAP
30 April 22, 2008

MEMORANDUM in Support of 29 MOTION to Dismiss filed by Kim Buckley. (Pentecost, James) (Entered: 04/22/2008)

RECAP
31 April 23, 2008

MOTION to Dismiss by James Johnson. (Ryder, John) (Entered: 04/23/2008)

RECAP
32 April 23, 2008

MEMORANDUM in Support of 31 MOTION to Dismiss filed by James Johnson. (Ryder, John) (Entered: 04/23/2008)

RECAP
33 May 5, 2008

RESPONSE in Opposition re 29 MOTION to Dismiss filed by Terrence Johnson, Jim Harris, Alexander Friedmann. (McDonald, Laughlin) (Entered: 05/05/2008)

RECAP
34 May 5, 2008

RESPONSE in Opposition re 31 MOTION to Dismiss filed by Terrence Johnson, Jim Harris, Alexander Friedmann. (McDonald, Laughlin) (Entered: 05/05/2008)

RECAP
35 May 5, 2008

MOTION for attorney Danny Presley to Appear Pro Hac Vice I> by James Johnson. (PHV FEE PAID) (Attachments: # 1 Exhibit-Certificate of Good Standing # 2 Proposed Order to Motion for Admission Pro Hac Vice)(Ryder, John) Modified on 5/9/2008 (gi). Modified text on 6/3/2008 (km). (Entered: 05/05/2008)

RECAP
36 May 12, 2008

CERTIFICATE of Compliance filed by Kim Buckley. (Pentecost, James) (Entered: 05/12/2008)

RECAP
37 May 19, 2008

NOTICE by James Johnson (Notice of Compliance) (Ryder, John) (Entered: 05/19/2008)

RECAP
38 May 21, 2008

ORDER: Clerk is directed to terminate Mr. Jerome Teel as counsel for deft Buckley, and to mail him a copy of this order. Pending before the Court is the motion for admission pro hac vice of Danny Presley 35 . That motion cannot be granted until the $75.00 pro hac vice admission fee has been paid. Signed by Magistrate Judge Juliet E. Griffin on 5/21/08. (cc: Jerome Teel)(km) (Entered: 05/21/2008)

RECAP
39 June 2, 2008

RECEIPT #34675-2762 in the amount of $75.00 posted for Danny A. Presley by James Johnson re 35 Motion to Appear Pro Hac Vice. (km) (Entered: 06/03/2008)

RECAP
40 June 4, 2008

ORDER granting 35 Motion for Danny Presley to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 6/4/08. (km) (Entered: 06/05/2008)

RECAP
June 5, 2008

Docket Annotation: Notification by email sent to pro hac vice attorney Danny Presley regarding mandatory registration for a CM/ECF account. (km)

41 June 9, 2008

NOTICE by Terrence Johnson, Jim Harris, Alexander Friedmann (Abudu, Nancy) (Entered: 06/09/2008)

RECAP
42 June 10, 2008

CERTIFICATE of service re 41 filed by Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) Modified text to add linkage on 6/11/2008 (km). (Entered: 06/10/2008)

RECAP
43 June 23, 2008

MOTION and MEMORANDUM to Stay Discovery pending resolution of 31 MOTION to Dismiss by James Johnson. (Ryder, John) Modified text on 6/23/2008 (km). (Entered: 06/23/2008)

RECAP
44 June 23, 2008

MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 6/23/08. (km) (Entered: 06/24/2008)

RECAP
45 June 23, 2008

ORDER: For the reasons stated in the accompanying Memorandum Opinion, the County Officials Motions to Dismiss 18, 29, and 31 are denied. The matter is referred to the Magistrate Judge for further case management as necessary and appropriate. Signed by Senior Judge Thomas Wiseman on 6/23/08. (km) (Entered: 06/24/2008)

RECAP
46 June 24, 2008

ORDER Deft Johnson's 43 Motion to Stay is DENIED. The Defts shall have until 07/11/08 to file answers to the complaint. The 07/25/08, case management conference remains scheduled at 1:00 pm to be held, at counsel's option, either in Courtroom 764, U.S. Courthouse, or telephonically, to be initiated by Pltf's counsel. Signed by Magistrate Judge Juliet E. Griffin on 06/24/08. (ab) (Entered: 06/24/2008)

RECAP
47 June 30, 2008

ANSWER to 1 Complaint by Kim Buckley.(York, Jon) (Entered: 06/30/2008)

RECAP
48 June 30, 2008

ANSWER to 1 Complaint by Ray Barrett.(Bussell, Allison) (Entered: 06/30/2008)

RECAP
49 June 30, 2008

NOTICE of Appearance by Keli J. Oliver on behalf of Ray Barrett (Oliver, Keli) (Entered: 06/30/2008)

RECAP
50 July 2, 2008

ANSWER to 1 Complaint of Defendant James Johnson, Administrator of Elections for Shelby County, Tennessee by James Johnson.(Ryder, John) (Entered: 07/02/2008)

RECAP
51 July 15, 2008

(DISREGARD- See DE #52)ANSWER to Interrogatories from James Johnson by James Johnson.(Ryder, John) Modified on 7/15/2008 (km). (Entered: 07/15/2008)

RECAP
52 July 15, 2008

NOTICE by James Johnson of Service of Answers to Interrogatories (Ryder, John) (Entered: 07/15/2008)

RECAP
53 July 15, 2008

MOTION to Withdraw as Attorney for Plaintiffs by Terrence Johnson, Jim Harris, Alexander Friedmann. (Grant, Charles) (Entered: 07/15/2008)

RECAP
54 July 17, 2008

ORDER granting 53 Motion to Withdraw as Attorney. Attorney Charles K. Grant terminated. Signed by Senior Judge Thomas Wiseman on 7/17/08. (km) (Entered: 07/17/2008)

RECAP
55 July 17, 2008

MOTION to Amend/Correct Complaint by Terrence Johnson, Jim Harris, Alexander Friedmann. (Attachments: # 1 Amended Complaint)(Abudu, Nancy) (Entered: 07/17/2008)

RECAP
July 25, 2008

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 7/25/2008; ORDER to enter. (jwc)

56 July 28, 2008

ORDER: 55 Motion for leave to file an amended complaint is granted. Clerk is directed to file the pltfs' amended complaint attached to the motion (Docket Entry No. [55-1]). Defts shall have until 8/8/08, to file answers to the amended complaint. The State defts shall have until 8/1/08, to file a motion for judgment on the pleadings. Any response and cross-motion shall be filed by the pltfs within 21 days of the filing of the motion or by 8/22/08, if the motion is filed on 8/1/08. The trial and pretrial conference will be set by separately entered order. Signed by Magistrate Judge Juliet E. Griffin on 7/28/08. (km) (Entered: 07/28/2008)

RECAP
57 July 28, 2008

AMENDED COMPLAINT against Phil Bredesen, Brook Thompson, Riley Darnell, James Johnson, Kim Buckley, Ray Barrett, filed by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann.(km) (Entered: 07/28/2008)

RECAP
58 Aug. 1, 2008

MOTION for Judgment on the Pleadings by Phil Bredesen, Brook Thompson, Riley Darnell. (Helou, William) (Entered: 08/01/2008)

RECAP
59 Aug. 1, 2008

MEMORANDUM in Support of 58 MOTION for Judgment on the Pleadings filed by Phil Bredesen, Brook Thompson, Riley Darnell. (Helou, William) (Entered: 08/01/2008)

RECAP
60 Aug. 4, 2008

ORDER: Telephone conference call held on 7/25/08. In consultation with the office of Judge Wiseman, Jr., a Bench Trial set for 3/17/2009 at 10:00 AM. Final Pretrial Conference set for 3/6/2009 at 10:00 AM before Senior Judge Thomas Wiseman.The parties' obligations prior to the pretrial conference will set forth by separately entered order. The Clerk is directed to forward the file in this case to Judge Wiseman for his consideration of the pending motion for judgment on the pleadings and accompanying memorandum in support filed by the State defendants 58 - 59, the plaintiffs' response to be filed by 8/22/08, along with any cross-motion, the State defendants' reply, if necessary, and response to the plaintiffs' anticipated cross-motion to be filed no later than 8/25/08, along with any response by the County defendants to the plaintiffs' cross-motion to be filed no later than 9/5/08, and any reply, if necessary, to be filed by the plaintiffs no later than 9/10/08. Signed by Magistrate Judge Juliet E. Griffin on 8/4/08. (dt) (Entered: 08/04/2008)

RECAP
61 Aug. 5, 2008

ANSWER to 57 Amended Complaint by Ray Barrett.(Bussell, Allison) (Entered: 08/05/2008)

RECAP
62 Aug. 6, 2008

ANSWER to 57 Amended Complaint by Kim Buckley.(York, Jon) (Entered: 08/06/2008)

RECAP
63 Aug. 6, 2008

ANSWER to 57 Amended Complaint by James Johnson.(Ryder, John) (Entered: 08/06/2008)

RECAP
64 Aug. 7, 2008

Joint MOTION for Extension of Time to Complete Discovery to Disclose Experts by Phil Bredesen, Brook Thompson, Joshua Roberts, Riley Darnell, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) (Entered: 08/07/2008)

RECAP
65 Aug. 8, 2008

ORDER: 64 Motion for Extension of Time to Disclose Experts is granted. The 8/8/08, deadline for the parties to disclose experts, as provided in the order entered 4/11/08, is extended to 9/5/08, for the pltfs to serve expert disclosures in accord with Rule 26(a)(2) of the Federal Rules of Civil Procedure. The 8/29/08, deadline for disclosire of rebuttal experts is extended to 9/26/08, for the defts to serve Rule 26(a)(2) disclosures for rebuttal experts. Signed by Magistrate Judge Juliet E. Griffin on 8/8/08. (km) (Entered: 08/08/2008)

RECAP
66 Aug. 15, 2008

ORDER: Bench Trial set for 3/17/2009 10:00 AM before Senior Judge Thomas Wiseman. Exhibit List due by 3/4/2009. Expert Witness List due by 3/4/2009. Pretrial Conference set for 3/6/2009 10:00 AM before Senior Judge Thomas Wiseman. Proposed Pretrial Order due by 3/4/2009. Signed by Senior Judge Thomas Wiseman on 8/15/08. (km) (Entered: 08/15/2008)

RECAP
67 Aug. 22, 2008

RESPONSE in Opposition re 58 MOTION for Judgment on the Pleadings filed by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) (Entered: 08/22/2008)

RECAP
68 Aug. 22, 2008

MOTION for Judgment on the Pleadings or in the alternative, MOTION for Partial Summary Judgment () by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) Modified text on 8/25/2008 (km). (Entered: 08/22/2008)

RECAP
69 Aug. 22, 2008

MEMORANDUM in Support of MOTION for Partial Summary Judgment by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Attachments: # 1 Statement of Material Facts, # 2 Declaration of Joshua Roberts, # 3 Declaration of Terrence Johnson)(Abudu, Nancy) Modified text on 8/25/2008 (km). (Entered: 08/22/2008)

1 Statement of Material Facts

View on RECAP

2 Declaration of Joshua Roberts

View on RECAP

3 Declaration of Terrence Johnson

View on RECAP

RECAP
70 Aug. 25, 2008

REPLY to Response to Motion re 58 MOTION for Judgment on the Pleadings filed by Phil Bredesen, Brook Thompson, Riley Darnell. (Helou, William) (Entered: 08/25/2008)

RECAP
71 Aug. 25, 2008

RESPONSE to Motion re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment filed by Phil Bredesen, Brook Thompson, Riley Darnell. (Helou, William) (Entered: 08/25/2008)

RECAP
72 Sept. 2, 2008

REPLY to Response to Motion re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment filed by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) (Entered: 09/02/2008)

RECAP
73 Sept. 3, 2008

NOTICE of Hearing: Hearing re Pltf's Motion for Judgment on the Pleadings or in the alternative Motion for Partial Summary Judgment 68 set for 9/15/2008 01:00 PM before Senior Judge Thomas Wiseman. (km) (Entered: 09/03/2008)

RECAP
74 Sept. 3, 2008

NOTICE: Hearing re Defts Motion for Judgment on the pleadings 58 set for 9/15/2008 at 1:00 PM before Senior Judge Thomas Wiseman. (km) (Entered: 09/03/2008)

RECAP
75 Sept. 3, 2008

RESPONSE in Opposition re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment filed by Kim Buckley. (York, Jon) (Entered: 09/03/2008)

RECAP
76 Sept. 3, 2008

MOTION for Summary Judgment by Kim Buckley. (Attachments: # 1 Exhibit 1 - Buckley's Response to Interrogatories and RFP, # 2 Exhibit 2 - Harris' Response to Interrogatories and RFP)(York, Jon) (Entered: 09/03/2008)

RECAP
77 Sept. 3, 2008

MEMORANDUM in Support of 76 MOTION for Summary Judgment filed by Kim Buckley. (York, Jon) (Entered: 09/03/2008)

RECAP
78 Sept. 3, 2008

STATEMENT of facts filed by Kim Buckley in support of 76 Motion for Summary Judgment. (York, Jon) (Entered: 09/03/2008)

RECAP
79 Sept. 3, 2008

MOTION oral argument on Motion for Summary Judgment re 76 MOTION for Summary Judgment by Kim Buckley. (York, Jon) (Entered: 09/03/2008)

RECAP
80 Sept. 5, 2008

RESPONSE to Motion re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment and Joinder in Motion of Defendants on the Judgment on the Pleadings filed by James Johnson. (Ryder, John) Modified text on 9/8/2008 (km). (Entered: 09/05/2008)

RECAP
81 Sept. 8, 2008

ORDER: 79 Motion for oral argument is denied to the extent the Court will not hear oral argument on Deft Kim Buckley's Motion for Summary Judgment on 9/15/08. Signed by Senior Judge Thomas Wiseman on 9/8/08. (km) (Entered: 09/08/2008)

RECAP
82 Sept. 8, 2008

REPLY to Response to Motion re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment Defendant Johnson Response filed by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) (Entered: 09/08/2008)

RECAP
83 Sept. 8, 2008

REPLY to Response to Motion re 68 MOTION for Judgment on the Pleadings or in the alternative MOTION for Partial Summary Judgment Defendant Buckley Response filed by Joshua Roberts, Terrence Johnson, Jim Harris, Alexander Friedmann. (Abudu, Nancy) (Entered: 09/08/2008)

RECAP
84 Sept. 15, 2008

Minute Entry for proceedings held before Senior Judge Thomas Wiseman: Hearing held on 9/15/2008 re Defts Phil Bredesen, Brook Thompson and Riley Darnell's Motion for Judgment on the pleadings 58 and Pltfs' Motion for Judgment on the pleadings or in the alternative Motion for partial summary judgment 68 . The Court hears argument and takes the matter UNDER ADVISEMENT. (Court Reporter Brian Ratekin.) (km) Modified text on 9/22/2008 (km). (Entered: 09/16/2008)

RECAP
85 Sept. 22, 2008

MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt)

RECAP
86 Sept. 22, 2008

ORDER: Parties presented oral argument on their motions at a hearing conducted on 9/15/08. For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that the State Officials' motion for judgment 58 is meritorious and th at the defendants are entitled to judgment in their favor as a matter of law as to Counts One through Five of the Amended Complaint. Accordingly, the State Officials' motion is hereby GRANTED and Counts One through Five of the Amended Complaint are DISMISSED, leaving for adjudication only plaintiff Alexander Friedmann's due process claims under the United States and Tennessee Constitutions, set forth in Count Six of the Amended Complaint. Plaintiffs' Motion for Judgment 68 is h ereby DENIED. Further, because all claims brought by plaintiff Jim Harris, the only plaintiff who is a resident of Madison County, have been dismissed, the motion for summary judgment 76 filed by defendant Kim Buckley in her official capacity as Ad ministrator of Elections for Madison County, is hereby GRANTED. Likewise, because all claims brought by plaintiff Terrence Johnson, a Shelby County resident, have been dismissed, defendant James Johnson in his official capacity as Administrator of El ections for Shelby County is entitled to judgment in his favor as a matter of law. Accordingly, the claims against defendant Johnson are hereby DISMISSED. This matter is remanded to Magistrate Judge Griffin for such further case management as may be necessary. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt)

RECAP
87 Sept. 23, 2008

ORDER: The Clerk is directed to terminate Joshua Roberts as a Pltf. A Case Management Conference set for 10/3/2008 at 11:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin to address whether all discovery has been completed on the claim of Pltf Friedman in Count Six, the potential for resolution of his claim, whether any further dispositive motion will be filed, and any other matters to be addressed prior to the 03/17/09 trial. Signed by Magistrate Judge Juliet E. Griffin on 09/23/08. (ab) (Entered: 09/23/2008)

RECAP
88 Sept. 30, 2008

Transcript filed for dates of 9/15/08 before Judge Wiseman. Court Reporter/Transcriber: Brian V. Ratekin, Telephone number: 615-726-2737, E-Mail Address: bvratekin@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Intent to Request Transcript Redaction due 10/9/2008. Redaction Request due 10/20/2008. Redacted Transcript Deadline set for 10/28/2008. Release of Transcript Restriction set for 12/26/2008. (km) (Entered: 09/30/2008)

RECAP
Oct. 3, 2008

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Case Management Conference held on 10/3/2008; ORDER to enter. (Tape #G2008-107.) (jwc)

89 Oct. 6, 2008

ORDER: Case Management Conference held 10/3/08. Parties shall have until 11/10/08, to file an agreed order or stipulation of dismissal of the claims of pltf Friedmann in Count VI of the amended complaint. Signed by Magistrate Judge Juliet E. Griffin on 10/6/08. (km) (Entered: 10/07/2008)

RECAP
90 Nov. 7, 2008

STIPULATION of Dismissal Count Six of Amended Complaint by Ray Barrett, Alexander Friedmann. (Abudu, Nancy) (Entered: 11/07/2008)

RECAP
91 Nov. 10, 2008

ORDER: Upon the parties' 90 Stipulation of Dismissal, this action is DISMISSED with prejudice and the Clerk is directed to close this case on the records of the Court. Signed by Magistrate Judge Juliet E. Griffin on 11/10/08. (ab) (Entered: 11/10/2008)

RECAP
92 Nov. 10, 2008

Docket Entry No. 91 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79 (a) of the Federal Rules of Civil Procedure on 11/10/08. (ab) (Entered: 11/10/2008)

RECAP
93 Nov. 13, 2008

NOTICE OF APPEAL as to 91 Order Dismissing Case by Alexander Friedmann. (Abudu, Nancy) (Entered: 11/13/2008)

RECAP
94 Nov. 14, 2008

USCA Appeal Fees received $ 455 receipt number 34675-4924 re 93 Notice of Appeal filed by Alexander Friedmann (km) (Entered: 11/14/2008)

RECAP

Case Details

State / Territory:

Tennessee

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 25, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are all Tennessee residents and convicted felons, who, according to state law, were denied the right to vote for failing to satisfy certain legal financial obligations.

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Administrator of Elections for Davidson County

Administrator of Elections for Madison County

Administrator of Elections for Shelby County

State

Coordinator of Elections

Governor of the State of Tennessee

Secretary of State of Tennessee

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Ex Post Facto

Other Dockets:

Middle District of Tennessee 3:08-cv-00187

U.S. Court of Appeals for the Sixth Circuit 08-06377

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Voter qualifications

Recommended Citation