Case: Bautista v. Tennessee Dep't of Safety

3:08-cv-01125 | U.S. District Court for the Middle District of Tennessee

Filed Date: Nov. 24, 2008

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On November 24, 2008, several Lawful Permanent Residents ("LPRs") who reside in Tennessee filed a class action lawsuit in the Middle District of Tennessee against the Tennessee Department of Safety, under the right to freedom of association under the First Amendment, the right to be free from unreasonable searches and seizures under the Fourth Amendment, the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment, the right to freedom of travel under Article IV, Section II of…

On November 24, 2008, several Lawful Permanent Residents ("LPRs") who reside in Tennessee filed a class action lawsuit in the Middle District of Tennessee against the Tennessee Department of Safety, under the right to freedom of association under the First Amendment, the right to be free from unreasonable searches and seizures under the Fourth Amendment, the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment, the right to freedom of travel under Article IV, Section II of the U.S. Constitution, and Title VI of the Civil Rights Act of 1964. The plaintiffs, represented by private counsel, sought a declaratory judgment, injunctive relief, compensatory damages, punitive damages, and attorneys' fees, alleging that the defendant unlawfully withheld and confiscated the plaintiffs' green cards while the plaintiffs applied for a driver license or driver license renewal.

The plaintiffs pointed to two statutes passed in 2007 that demonstrated Tennessee's history of discriminatory treatment of foreign-born residents of Tennessee who are legally present in the U.S. The issue at hand here was with regards to Tennessee Department of Safety employees withholding or confiscating the green cards of LPRs without following the multi-step process already set in place by the agency. The plaintiffs alleged that there was no reason for their green cards to be confiscated. Since plaintiffs did not have their green cards, they were unable to obtain a driver license, unable to travel around or outside of the U.S., were at risk of violating a federal law requiring them to always have their green cards in their possession, and suffered other forms of emotional distress.

On March 26, 2009, the District Court (Magistrate Judge John S. Bryant) granted the plaintiffs' notice of voluntary dismissal.

Summary Authors

Perry Miska (3/31/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12398418/parties/bautista-v-tennessee-department-of-safety/


Judge(s)

Bryant, John S. (Tennessee)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Ozment, Harry Elliot (Tennessee)

Attorneys(s) for Defendant

Dawn, Marie Jordan (Tennessee)

Jordan, Dawn Marie (Tennessee)

Judge(s)

Bryant, John S. (Tennessee)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Ozment, Harry Elliot (Tennessee)

Attorneys(s) for Defendant

Dawn, Marie Jordan (Tennessee)

Jordan, Dawn Marie (Tennessee)

Documents in the Clearinghouse

Document

3:08-cv-01125

Docket

Bautista et al v. Tennessee Department of Safety

March 26, 2009

March 26, 2009

Docket
1

3:08-cv-01125

Complaint

Bautistal v. Tennessee Department of Safety

2008 WL 7318016

Nov. 24, 2008

Nov. 24, 2008

Complaint
11

3:08-cv-01125

Order

Bautista et al v. Tennessee Department of Safety

March 26, 2009

March 26, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12398418/bautista-v-tennessee-department-of-safety/

Last updated July 29, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Saunda Harris, Kim Draper, Cynthia McCullough, Rick Blackburn, Other Unknown Employees of the Tennessee Department of Safety, Tennessee Department of Safety, David Mitchell, Michael Hogan, Tiffany Taylor, George Dittfurth, filed by Enrique Bautista, Juan Carlos Angel-Lopez.Filing fee paid $350.Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 summons, # 8 Civil Cover Sheet)(eh) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

Clearinghouse
2

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

PACER
3

NOTICE of Initial Case Management Conference set for Monday 3/2/2009 at 10:00 AM in Courtroom 776 before Magistrate Judge John S. Bryant. (eh) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

PACER

Bar status for attorney Elliott Ozment of TN verified as active on this date. (eh)

Nov. 24, 2008

Nov. 24, 2008

PACER
4

Summons issued as to Tennessee Department of Safety, Tiffany Taylor. (dt) (Entered: 12/16/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
5

ANSWER to 1 Complaint, by Saunda Harris, Kim Draper, Cynthia McCullough, Rick Blackburn, Tennessee Department of Safety, David Mitchell, Michael Hogan, Tiffany Taylor, George Dittfurth.(Jordan, Dawn) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

PACER
6

*FILED IN ERROR-ATTY TO REFILE CORRECTED MOTION* First MOTION to Amend/Correct Complaint by Enrique Bautista, Juan Carlos Angel-Lopez. (Ozment, Harry) Modified Text on 2/26/2009 (dt). (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

PACER
7

PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Ozment, Harry) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER
8

First MOTION to Amend 1 Complaint by Enrique Bautista, Juan Carlos Angel-Lopez. (Attachments: # 1 [Proposed] First Amended Complaint)(Ozment, Harry) Modified Text on 3/2/2009 (dt). (Entered: 02/28/2009)

Feb. 28, 2009

Feb. 28, 2009

PACER

Minute Entry for proceedings held before Magistrate Judge Bryant: Initial Case Management Conference held on 3/2/2009; ICMO to enter. (Court Reporter: Taped #2009-9 JSB) (tm)

March 2, 2009

March 2, 2009

PACER
9

CASE MANAGEMENT ORDER: Motion to Amended Pleadings due by 6/1/2009. Discovery due by 9/30/2009. Dispositive Motions due by 10/30/2009. Jury Trial set for 3/16/2010 at 9:00 AM before Senior Judge John T. Nixon. Final Pretrial Conference set for 3/5/2010 at 10:00 at AM before Senior Judge John T. Nixon. Telephone Conference set for 9/1/2009 at 10:30 AM, counsel for plaintiff shall initiate this call. Signed by Magistrate Judge John S. Bryant on 3/2/09. (dt) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

PACER
10

NOTICE of Voluntary Dismissal by Enrique Bautista, Juan Carlos Angel-Lopez (Ozment, Harry) (Entered: 03/25/2009)

March 25, 2009

March 25, 2009

PACER
11

ORDER: The plaintiffs have filed a Notice of Stipulated Voluntary Dismissal of this case 10 . The follow-up telephone case management conference previously set at 10:30 a.m. on September 1, 2009 7 is hereby CANCELED. There is nothing remaining to be done in this matter by the undersigned Magistrate Judge. Therefore, the Clerk is directed to return the file to the Senior District Judge for his consideration of the notice of dismissal. Judge Magistrate Judge John S. Bryant no longer assigned to case. Signed by Magistrate Judge John S. Bryant on 3/26/09. (dt) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
12

ORDER: Before the Court is Plaintiffs' Stipulation of Voluntary Dismissal without Prejudice 10 . Plaintiffs voluntary dismiss all claims against all Defendants pursuant to Federal Rules of Civil Procedure 41(a)(1). The Court Dismisses this action and Orders the matter Administratively Closed. Signed by Senior Judge John T. Nixon on 3/26/09. (dt) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
13

Docket entry number 12 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 3/26/09 by DT. (dt) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 24, 2008

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Lawful Permanent Residents who had their "green cards" confiscated by the Tennessee Department of Safety for an extended period of time when they tried applying for a driver license or a driver license renewal.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Tennessee Department of Safety, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Right to travel

Freedom of speech/association

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Drivers Licenses

Government Services

Racial profiling

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Type of Facility:

Government-run

Immigration/Border:

Status/Classification

National Origin/Ethnicity:

Hispanic