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)

Cook, Deborah L. (Ohio)

Griffin, Juliet E. (Tennessee)

Wiseman, Thomas Anderton Jr. (Tennessee)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bradley, Neil (Georgia)

Grant, Charles K. (Tennessee)

Herzfeld, Tricia (Tennessee)

McDonald, Laughlin (Georgia)

Attorneys(s) for Defendant

Bussell, Allison L. (Tennessee)

Helou, William N. (Tennessee)

Judge(s)

Cook, Deborah L. (Ohio)

Griffin, Juliet E. (Tennessee)

Wiseman, Thomas Anderton Jr. (Tennessee)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bradley, Neil (Georgia)

Grant, Charles K. (Tennessee)

Herzfeld, Tricia (Tennessee)

McDonald, Laughlin (Georgia)

Attorneys(s) for Defendant

Bussell, Allison L. (Tennessee)

Helou, William N. (Tennessee)

Oliver, Keli J. (Tennessee)

Pentecost, James I. (Tennessee)

Presley, Danny (Tennessee)

Ryder, John L. (Tennessee)

Teel, Jerome C. Jr. (Tennessee)

York, Jon A. (Tennessee)

Other Attorney(s)

Ambrosius, Paul W. (Tennessee)

Documents in the Clearinghouse

Document

Docket

May 24, 2011 Docket
1

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

Feb. 25, 2008 Complaint
44

Memorandum Opinion

June 23, 2008 Order/Opinion
57

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

July 28, 2008 Complaint
59

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 Pleading / Motion / Brief
69

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

Aug. 22, 2008 Pleading / Motion / Brief
77

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

Sept. 3, 2008 Pleading / Motion / Brief
85

Memorandum Opinion

579 F.Supp.2d 1044

Sept. 22, 2008 Order/Opinion
00615495511

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 Pleading / Motion / Brief
006110772987

6th Circuit Opinion

U. S. Court of Appeals for the Sixth Circuit

624 F.3d 742

Oct. 28, 2010 Order/Opinion

Resources

Title Description External URL

Terrence Johnson et. al. v. Bredesen, et. al.

ACLU Tennesee

Tennessee law requires people who have completed sentences for felony convictions to pay restitution and child support before having their voting rights restored. This proves difficult for people lik… Nov. 10, 2010 https://www.aclu-tn.org/terrence-johnson-et-al-v-bredesen-et-al/

Docket

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

Last updated May 13, 2022

ECF Number Description Date Link
1

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)

Feb. 25, 2008
85

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

Sept. 22, 2008 RECAP
86

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)

Sept. 22, 2008 RECAP
2

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

Feb. 25, 2008
3

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)

Feb. 25, 2008
4

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)

Feb. 26, 2008
5

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)

Feb. 26, 2008
6

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)

Feb. 26, 2008
7

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)

Feb. 26, 2008
8

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)

Feb. 26, 2008
9

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)

Feb. 26, 2008
10

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)

Feb. 26, 2008
11

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)

Feb. 26, 2008
12

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)

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). (Entered: 02/28/2008)

Feb. 28, 2008
13

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

Feb. 28, 2008
14

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

Feb. 28, 2008
15

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

Feb. 28, 2008
17

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

March 19, 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) (Entered: 03/20/2008)

March 20, 2008
18

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

March 20, 2008
19

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)

April 2, 2008
20

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)

April 2, 2008
21

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

April 4, 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) (Entered: 04/07/2008)

April 7, 2008
22

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)

April 11, 2008
23

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)

April 11, 2008
24

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

April 15, 2008
25

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

April 17, 2008
26

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

April 17, 2008
27

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

April 21, 2008
28

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

April 21, 2008
29

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

April 22, 2008
30

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

April 22, 2008
32

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

April 23, 2008
33

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

May 5, 2008
34

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

May 5, 2008
35

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)

May 5, 2008
36

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

May 12, 2008
37

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

May 19, 2008
38

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)

May 21, 2008
39

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)

June 2, 2008
40

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)

June 4, 2008

Docket Annotation: Notification by email sent to pro hac vice attorney Danny Presley regarding mandatory registration for a CM/ECF account. (km) (Entered: 06/05/2008)

June 5, 2008
41

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

June 9, 2008
42

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)

June 10, 2008
43

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)

June 23, 2008
44

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

June 23, 2008
45

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)

June 23, 2008
46

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)

June 24, 2008
47

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

June 30, 2008
48

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

June 30, 2008
50

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

July 2, 2008
51

(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)

July 15, 2008
52

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

July 15, 2008
53

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

July 15, 2008
54

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)

July 17, 2008
55

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

July 17, 2008

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 7/25/2008; ORDER to enter. (jwc) (Entered: 07/25/2008)

July 25, 2008
56

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)

July 28, 2008
57

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)

July 28, 2008
58

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

Aug. 1, 2008
59

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)

Aug. 1, 2008
60

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)

Aug. 4, 2008
61

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

Aug. 5, 2008
62

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

Aug. 6, 2008
64

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)

Aug. 7, 2008
65

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)

Aug. 8, 2008
66

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)

Aug. 15, 2008
67

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)

Aug. 22, 2008
68

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)

Aug. 22, 2008
69

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)

Aug. 22, 2008
70

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)

Aug. 25, 2008
71

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)

Aug. 25, 2008
72

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)

Sept. 2, 2008
73

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)

Sept. 3, 2008
74

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)

Sept. 3, 2008
75

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)

Sept. 3, 2008
76

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)

Sept. 3, 2008
77

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

Sept. 3, 2008
79

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

Sept. 3, 2008
80

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)

Sept. 5, 2008
81

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)

Sept. 8, 2008
82

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)

Sept. 8, 2008
83

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)

Sept. 8, 2008
84

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)

Sept. 15, 2008
85

MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt) (Entered: 09/23/2008)

Sept. 22, 2008
86

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 that 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 hereby 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 Administrator 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 Elections 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) (Entered: 09/23/2008)

Sept. 22, 2008
87

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)

Sept. 23, 2008
88

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)

Sept. 30, 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) (Entered: 10/03/2008)

Oct. 3, 2008
89

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)

Oct. 6, 2008
90

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

Nov. 7, 2008
91

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)

Nov. 10, 2008
92

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)

Nov. 10, 2008
93

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

Nov. 13, 2008

USCA Case Number 08−6377, Case Mgr. Mary Patterson for 93 Notice of Appeal filed by Alexander Friedmann. (km) (Entered: 11/14/2008)

Nov. 14, 2008
94

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

Nov. 14, 2008
95

DESIGNATION of Record on Appeal by Terrence Johnson, Jim Harris, Alexander Friedmann re 93 Notice of Appeal (McDonald, Laughlin) (Entered: 11/20/2008)

Nov. 20, 2008
96

APPEAL TRANSCRIPT ORDER by Terrence Johnson, Jim Harris, Alexander Friedmann for proceedings held on 9/15/2008 before Judge Thomas A. Wiseman, re 93 Notice of Appeal (McDonald, Laughlin) (Entered: 11/20/2008)

Nov. 20, 2008

State / Territory: Tennessee

Case Type(s):

Election/Voting Rights

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

Governor of the State of Tennessee, State

Coordinator of Elections, State

Secretary of State of Tennessee, State

Administrator of Elections for Shelby County, County

Administrator of Elections for Madison County, County

Administrator of Elections for Davidson County, County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Ex Post Facto

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voter qualifications