Case: Robinson v. Purkey

3:17-cv-01263 | U.S. District Court for the Middle District of Tennessee

Filed Date: Sept. 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 13, 2017, a middle-aged man with a disability, a single mother of five children, and middle-aged man who lived with his ailing father filed a putative class action complaint in the U.S. District Court for the Middle District of Tennessee. The case was assigned to Judge Aleta A. Trauger. The plaintiffs sued the Commissioner of the Tennessee Department of Safety and Homeland Security (TDSHS) and various county and city clerks under 42 U.S.C § 1983 for alleged violations of the Due Pr…

On September 13, 2017, a middle-aged man with a disability, a single mother of five children, and middle-aged man who lived with his ailing father filed a putative class action complaint in the U.S. District Court for the Middle District of Tennessee. The case was assigned to Judge Aleta A. Trauger. The plaintiffs sued the Commissioner of the Tennessee Department of Safety and Homeland Security (TDSHS) and various county and city clerks under 42 U.S.C § 1983 for alleged violations of the Due Process and the Equal Protection Clauses of the Fourteenth Amendment.

This is second of two cases challenging Tennessee’s practice of rescinding the driver’s licenses of Tennessee drivers who were unable to pay the fines without consideration of their indigence. The initial case, Thomas v. Haslam (in this Clearinghouse) ended with the judge granting summary judgment in favor of the plaintiff and finding that there was no rational basis for revoking the driver’s license of an indigent debtor. The court prohibited TDSHS from revoking drivers’ licenses for unpaid court fines and fees unless and until the State lawfully provided an exception for the inability to pay.

In this case, plaintiffs were represented by the National Center for Law and Economic Justice, the Civil Rights Corps, Just City, and private counsel. The plaintiffs sought class action status for a statewide class of those whose driver’s licenses were suspended under Tennessee state law because they could not afford to pay their traffic fines.

They also sought subclass status for members within Wilson and Rutherford Counties and those who had their licenses revoked statewide under the Tennessee state laws. Moreover, plaintiffs sought a preliminary injunction preventing defendants from revoking or suspending licenses without due process in the future, and preliminary relief reinstating licenses that had been suspended or revoked under current policy with all reinstatement fees waived, and cost of litigation paid for.

Plaintiffs claimed that defendants did not allow them to set up payment plans to pay off traffic fines, making it impossible for low income plaintiffs to pay their debts. This resulted in county and city clerks imposing additional fees and penalties that plaintiffs were further unable to pay. Upon default of payment of fines, clerks would forward the plaintiff information to the Commissioner of the Department of Safety and Homeland Security, who would suspend or revoke plaintiffs' licenses. Plaintiffs also alleged that they often received no notice when their licenses were suspended or revoked, resulting in them facing additional penalties when they unknowingly drove without a valid license. One plaintiff served jail time, and the plaintiffs alleged that others across the state had also been imprisoned under similar circumstances. In addition, suspension and revocation of driver's licenses limited the plaintiffs’ ability to maintain employment, care for their children, or receive critical medical care because they were unable to drive to their destinations. This created a vicious cycle by making it more difficult for the plaintiffs to pay their fees, reinstate their licenses, and pay for other basic living expenses such as rent.

On October 5, 2017, the court issued an opinion granting a temporary restraining order restoring the driver’s licenses for two of the plaintiffs. The Court concluded that the two plaintiffs' claims were both likely to succeed, and recognized that a driver’s license was “crucial” to “economic self-sufficiency” and necessary for the plaintiffs to pay back their traffic debt. In addition, the facts that the plaintiffs needed their driver’s licenses to get vital medical care and to support themselves economically factored into the judge’s decision. 2017 WL 4418134. The order was extended on October 17, 2017, pending a hearing to resolve whether to convert the order into a preliminary injunction.

The defendants moved to dismiss the case on November 15, 2017. A month later, the plaintiffs submitted an amended complaint adding a single mother of two who allegedly lost her job after losing her license due to the policies of the Bristol City Court Clerk, who was also added as a defendant the same day as the amended complaint.

On June 11, 2018, Judge Trauger resolved many of the outstanding issues in the case. Although the defendants alleged that the plaintiffs failed to state a claim, the court denied the motion to dismiss, finding that there was an actionable constitutional violation. However, the court dismissed plaintiffs' claims alleging violation of procedural due process where the plaintiffs had actual notice of the suspension of their licenses more than one year before the filing of this case.

Judge Trauger granted certification of a statewide class defined as, “[a]ll persons whose Tennessee driver’s licenses have been or will be suspended under Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I) for nonpayment of traffic debt and who cannot now and could not at the time of suspension afford to pay such debt.” She also granted three subclasses for plaintiffs whose licenses had been suspended by (1) Wilson County, (2) Rutherford County, (3) or under Tenn. Code Ann. § 40-24-105(b) (described as the Multi-Barrier Subclass). 326 F.R.D. 105.

On October 16, 2018, the plaintiffs' motion for preliminary injunction was granted in part. The court ordered Tennessee to immediately cease suspending driver’s licenses for failure to pay fines, costs or litigation taxes related to traffic violations. The court further ordered the state to reinstate licenses that had been suspended solely because the driver had failed to pay fines, costs or litigation taxes related to traffic violations. 2018 WL 5023330.

The State appealed the preliminary injunction on October 18, 2018. The State also filed a Motion for Partial Stay Pending Appeal; it argued that if the preliminary injunction went into effect but was later vacated on appeal, that would unnecessarily disrupt TDSHS’s functioning and revenues.

On November 5, 2018, the district court granted a temporary stay, to allow the Court of Appeals time to consider a full stay. Judge Trauger also clarified her prior injunction by explaining that the State was only required to waive requirements related to the suspension of driver’s license for failure to pay fines, costs, or litigation taxes but not requirements or fees required for renewal of a driver’s license that would have expired naturally during the suspension of their license.

Meanwhile, the appeal proceeded; the State sought a say pending completion of the appeal. 2018 WL 5786236. On May 20, 2020, a Sixth Circuit panel composed of Chief Judge Ransey Guy Cole and Judges Danny Julian Boggs and Jeffrey Sutton reversed the grant of the preliminary injunction and remanded the case to the District Court. 2020 WL 2551889. The opinion centered on the Circuit's recent decision in Fowler v. Benson (924 F.3d 247, 252 (6th Cir. 2019)), which found that a similar driver's license suspension scheme in Michigan did not violate the Equal Protection Clause. Since that case showed that the plaintiffs were not likely to succeed on the merits, the preliminary injunction was suspended.

The case is ongoing in the District Court.

Summary Authors

Will McCartney (1/24/2018)

Averyn Lee (2/8/2019)

Ellen Aldin (6/2/2020)

Related Cases

Thomas v. Haslam, Middle District of Tennessee (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6166334/parties/robinson-v-purkey/


Judge(s)

Boggs, Danny Julian (Kentucky)

Sutton, Jeffrey S. (Ohio)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Dharia, Premal T. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Krugman, Edward P. (District of Columbia)

Lau, Theresa (New York)

Mikkilineni, Tara (District of Columbia)

Spickler, Josh (Tennessee)

Judge(s)

Boggs, Danny Julian (Kentucky)

Sutton, Jeffrey S. (Ohio)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Dharia, Premal T. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Krugman, Edward P. (District of Columbia)

Lau, Theresa (New York)

Mikkilineni, Tara (District of Columbia)

Spickler, Josh (Tennessee)

Wang, Jonas (District of Columbia)

White, Matthew G. (Tennessee)

Wilner, Claudia (New York)

Attorneys(s) for Defendant

Berexa, Kristin Ellis (Tennessee)

Campbell, Andrew B. (Tennessee)

Christiansen, Nicholas Clinton (Tennessee)

Cope, Edward Evan (Tennessee)

Dix, Katherine (Tennessee)

Jennings, Michael Ray (Tennessee)

Marchetti, Louis Gino Jr. (Tennessee)

McCreary, Josh A. (Tennessee)

McGrady, Mark Ennis (Tennessee)

Meyer, Michael Alan (Tennessee)

Michels, Charles S. (Tennessee)

Ohlman, Sara (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Sutherland, Scott C. (Tennessee)

Wright, Phillip Andrew (Tennessee)

Documents in the Clearinghouse

Document

3:17-cv-01263

Docket [PACER]

May 20, 2020

May 20, 2020

Docket
1

3:17-cv-01263

Complaint – Class Action

Sept. 13, 2017

Sept. 13, 2017

Complaint
62

3:17-cv-01263

Memorandum

2017 WL 4418134

Oct. 5, 2017

Oct. 5, 2017

Order/Opinion
111

3:17-cv-01263

Memorandum

2017 WL 4418134

Dec. 19, 2017

Dec. 19, 2017

Order/Opinion
151

3:17-cv-01263

Memorandum Opinion on Motion to Dismiss and Certify Class

326 F.R.D. 105, 2018 WL 2862772

June 11, 2018

June 11, 2018

Order/Opinion
223

3:17-cv-01263

Order

2018 WL 5023330

Oct. 16, 2018

Oct. 16, 2018

Order/Opinion
236

3:17-cv-01263

Memorandum and Order

2018 WL 5786236

Nov. 5, 2018

Nov. 5, 2018

Order/Opinion
54

18-06121

On Appeal From the United States District Court for the Middle District of Tennessee

Robinson v. Long

U. S. Court of Appeals for the Sixth Circuit

814 Fed.Appx. 991, 2020 WL 2551889

May 20, 2020

May 20, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6166334/robinson-v-purkey/

Last updated Aug. 2, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Ashley Sprague, Johnny Gibbs, Fred Robinson. ($400 filing fee paid online, Receipt No. 0650-2519384)(No summons filed) (Attachments: # 1 Attachment Cover Sheet, # 2 Attachment Cover Sheet Supplement)(ab) (Entered: 09/14/2017)

1 Attachment Cover Sheet

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2 Attachment Cover Sheet Attachment

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Sept. 13, 2017

Sept. 13, 2017

RECAP
5

NOTICE by Johnny Gibbs, Fred Robinson, Ashley Sprague of Summonses to be Issued (Attachments: # 1 Attachment - Summons to Debbie Moss, # 2 Attachment - Summons to Melissa Harrell, # 3 Attachment - Summons to Corey Linville, # 4 Attachment - Summons to Susan Gaskill, # 5 Attachment - Summons to Wilson County, # 6 Attachment - Summons to Rutherford County, # 7 Attachment - Summons to City of Mount Juliet, # 8 Attachment Summons to City of Lebanon)(White, Matthew) (Entered: 09/14/2017)

1 Attachment - Summons to Debbie Moss

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2 Attachment - Summons to Melissa Harrell

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3 Attachment - Summons to Corey Linville

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4 Attachment - Summons to Susan Gaskill

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5 Attachment - Summons to Wilson County

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6 Attachment - Summons to Rutherford County

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7 Attachment - Summons to City of Mount Juliet

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8 Attachment Summons to City of Lebanon

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Sept. 14, 2017

Sept. 14, 2017

PACER

Annotation - Bar Status

Sept. 14, 2017

Sept. 14, 2017

PACER
4

NOTICE of Case Management Conference set for 11/13/2017 at 01:15 PM in Chambers 825 before District Judge Aleta A. Trauger. (ab) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

Annotation - PHV

Sept. 14, 2017

Sept. 14, 2017

PACER

NOTICE TO COUNSEL Claudia Wilner, Edward P. Krugman, Theresa Lau, Premal Dharia, Jonas Wang, Josh Spickler: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 10/5/2017. (ab)

Sept. 14, 2017

Sept. 14, 2017

PACER

State Bar status verified as active for Matthew G. White (TN), Claudia Wilner (NY), Edward P. Krugman (NY), Theresa Lau (NY), Premal Dharia (NY), Jonas Wang (NY, Josh Spickler (TN). (ab)

Sept. 14, 2017

Sept. 14, 2017

PACER
3

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ab) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
2

NOTICE of Corporate Disclosure Statement filing requirement. (ab) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
6

Summons issued as to Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, David W. Purkey, Rutherford County, Tennessee, Wilson County, Tennessee. (Service copies to be picked up by Counsel) (ab) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
20

MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
19

DECLARATION of Edward Krugman filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (Attachments: # 1 Exhibit Brookings Report, # 2 Exhibit Census Data, # 3 Exhibit Pivot Table, # 4 Exhibit TN DOS Data - Withdrawals, # 5 Exhibit TN DOS Data - Reinstatements, # 6 Exhibit Census Data, # 7 Exhibit Scatter Plot Graph, # 8 Exhibit Scatter Plot Graph, # 9 Exhibit DOS Report, # 10 Exhibit DOS Data, # 11 Exhibit Driver Record)(White, Matthew) (Entered: 09/19/2017)

1 Exhibit Brookings Report

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2 Exhibit Census Data

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3 Exhibit Pivot Table

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4 Exhibit TN DOS Data - Withdrawals

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5 Exhibit TN DOS Data - Reinstatements

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6 Exhibit Census Data

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7 Exhibit Scatter Plot Graph

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8 Exhibit Scatter Plot Graph

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9 Exhibit DOS Report

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10 Exhibit DOS Data

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11 Exhibit Driver Record

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Sept. 19, 2017

Sept. 19, 2017

PACER
18

DECLARATION of Claudia Wilner filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
17

DECLARATION of Johnny Gibbs filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
16

DECLARATION of Fred Robinson filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
15

NOTICE of Filing Declarations in support of 13 MOTION to Certify Class (White, Matthew) Modified on 9/21/2017 (ab). (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
14

MEMORANDUM in Support of 13 MOTION to Certify Class filed by Johnny Gibbs, Fred Robinson, Ashley Sprague . (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
13

MOTION to Certify Class by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
12

CERTIFICATE OF GOOD STANDING of Attorney Jonas Wang from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
11

CERTIFICATE OF GOOD STANDING of Attorney Premal Dhara from the United States District Court of District of Columbia filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
10

CERTIFICATE OF GOOD STANDING of Attorney Theresa Lau from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
9

CERTIFICATE OF GOOD STANDING of Attorney Edward Krugman from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
8

CERTIFICATE OF GOOD STANDING of Attorney Claudia Wilner from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
7

MOTION for attorney(s) Claudia Wilner; Edward Krugman; Theresa Lau; Premal Dharia; Jonas Wang to Appear Pro Hac Vice (paid $375 PHV fee; receipt number 0650-2523368) by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
23

CERTIFICATE Supplemental Certificate of Service filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re 8 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 15 Notice (Other) filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 9 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 11 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 16 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 19 Declaration, filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 20 MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 10 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 13 MOTION to Certify Class filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 17 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 7 MOTION for attorney(s) Claudia Wilner; Edward Krugman; Theresa Lau; Premal Dharia; Jonas Wang to Appear Pro Hac Vice (paid $375 PHV fee; receipt number 0650-2523368) filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 12 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 18 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 14 Memorandum in Support filed by Fred Robinson, Ashley Sprague, Johnny Gibbs. (White, Matthew) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
22

ORDER granting 7 Motion for Claudia Wilner, Edward P. Krugman, Premal Dharia and Jonas Wang to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/20/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) Modified on 9/21/2017 (ab). (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
21

ORDER granting 20 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 9/20/2017. (ab) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
36

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Wilson County, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
35

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Debby Moss served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
34

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. David W. Purkey served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
33

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Susan Gaskill served on 9/21/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
32

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Corey Linville served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
31

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Mt. Juliet, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
30

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Lebanon, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
29

MOTION for Discovery Expedited by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Exhibit Proposed RFPs to Defendant Purkey, # 2 Exhibit Proposed RFPs to Municipal and County Defendants)(White, Matthew) (Entered: 09/21/2017)

1 Exhibit Proposed RFPs to Defendant Purkey

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2 Exhibit Proposed RFPs to Municipal and County Defendants

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Sept. 21, 2017

Sept. 21, 2017

PACER
28

DECLARATION of Ashley Sprague filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 27 Notice (Other),. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
27

NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 24 MOTION for Temporary Restraining Order, 25 MOTION for Preliminary Injunction, 13 MOTION to Certify Class Declaration of Ashley Sprague in Support of Motion for TRO, PI, and Class Certification (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
26

MEMORANDUM in Support of 25 MOTION for Preliminary Injunction filed by Johnny Gibbs, Fred Robinson, Ashley Sprague . (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
25

MOTION for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
24

MOTION for Temporary Restraining Order by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Proposed Order on Motion for TRO)(White, Matthew) (Entered: 09/21/2017)

1 Attachment Proposed Order on Motion for TRO

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Sept. 21, 2017

Sept. 21, 2017

RECAP
40

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Rutherford County, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

Annotation - Bar Status

Sept. 22, 2017

Sept. 22, 2017

PACER
39

SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Melissa Harrell served on 9/21/2017. (White, Matthew) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
38

ORDER: It is hereby ORDERED that the Motion for a Temporary Restraining Order 24 shall be HELD IN ABEYANCE until proof is filed in the record of this case that these two plaintiffs have secured the required insurance coverage. Signed by District Judge Aleta A. Trauger on 9/22/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) Modified on 9/25/2017 (ab). (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

TN State Bar status verified as active for Michael Alan Meyer. (ab)

Sept. 22, 2017

Sept. 22, 2017

PACER
37

NOTICE of Appearance by Michael Alan Meyer on behalf of David W. Purkey (Meyer, Michael) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

TN State Bar status verified as active for Michael Alan Meyer. (ab)

Sept. 25, 2017

Sept. 25, 2017

PACER

Annotation - Bar Status

Sept. 25, 2017

Sept. 25, 2017

PACER
41

NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 38 Order on Motion for TRO, 24 MOTION for Temporary Restraining Order Notice of Filing Proofs of Insurance (Attachments: # 1 Exhibit 1 - Robinson Proof of Insurance, # 2 Exhibit 2 - Sprague Proof of Insurance)(White, Matthew) (Entered: 09/26/2017)

1 Exhibit 1 - Robinson Proof of Insurance

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2 Exhibit 2 - Sprague Proof of Insurance

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Sept. 26, 2017

Sept. 26, 2017

PACER
43

ORDER SETTING HEARING: It is hereby ORDERED that the plaintiffs' Motion for a Temporary Restraining Order (Docket No. 24) is set for hearing on Tuesday, October 3, 2017 at 10:30 a.m. All briefs in opposition thereto should be filed by 5:00 p.m. on Friday, September 29, 2017. Signed by District Judge Aleta A. Trauger on 9/27/2017. (ds) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER

Annotation - Bar Status

Sept. 27, 2017

Sept. 27, 2017

PACER

TN State Bar status verified as active for Edward Evan Cope. (ab)

Sept. 27, 2017

Sept. 27, 2017

PACER
42

NOTICE of Appearance by Edward Evan Cope on behalf of Melissa Harrell, Rutherford County, Tennessee (Cope, Edward) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
45

ORDER RESETTING HEARING: It is hereby ORDERED that the hearing on the plaintiffs' Motion for a Temporary Restraining Order (Docket No. 24) is RESET for Wednesday, October 4, 2017 at 1:00 p.m. Signed by District Judge Aleta A. Trauger on 9/28/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
44

NOTICE of Appearance by Katherine Dix on behalf of David W. Purkey (Dix, Katherine) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
48

NOTICE of Appearance by Scott C. Sutherland on behalf of David W. Purkey (Sutherland, Scott) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER

Annotation - Bar Status

Sept. 29, 2017

Sept. 29, 2017

PACER
47

RESPONSE in Opposition re 24 MOTION for Temporary Restraining Order filed by David W. Purkey. (Attachments: # 1 Attachment Cortazar Affidavit and Attachments)(Meyer, Michael) (Entered: 09/29/2017)

1 *Restricted*

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Sept. 29, 2017

Sept. 29, 2017

RECAP
46

MOTION for attorney(s) Josh Spickler to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2530744) by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Certificate of Good Standing - Josh Spickler)(White, Matthew) (Entered: 09/29/2017)

1 Attachment Certificate of Good Standing - Josh Spickler

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Sept. 29, 2017

Sept. 29, 2017

PACER

TN State Bar status verified as active for Katherine Dix. (ab)

Sept. 29, 2017

Sept. 29, 2017

PACER
51

CERTIFICATE OF GOOD STANDING of Attorney Joshua B. Spickler from the United States District Court for the Western of Tennessee filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
50

AFFIDAVIT re 47 Response in Opposition to Motion for a Temporary Restraining Order by David W. Purkey. (Attachments: # 1 Exhibit Form letter regarding license suspension, # 2 Exhibit Form letter regarding suspension and surrendering license, # 3 Exhibit Letter dated 11/23/16, # 4 Exhibit Letter dated 1/9/17)(Meyer, Michael) (Entered: 10/02/2017)

1 Exhibit Form letter regarding license suspension

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2 Exhibit Form letter regarding suspension and surrendering license

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3 Exhibit Letter dated 11/23/16

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4 Exhibit Letter dated 1/9/17

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Oct. 2, 2017

Oct. 2, 2017

PACER

Annotation - Bar Status

Oct. 2, 2017

Oct. 2, 2017

PACER
49

MOTION to Seal Docket Entry #47-1 by David W. Purkey. (Meyer, Michael) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER

Docket Annotation

Oct. 2, 2017

Oct. 2, 2017

PACER

Note to Filer re DE# 46 : Please file a current certificate of good standing from a U.S. District Court. (ab)

Oct. 2, 2017

Oct. 2, 2017

PACER

TN State Bar status verified as active for Scott C. Sutherland. (ab)

Oct. 2, 2017

Oct. 2, 2017

PACER

Docket Annotation: At DE# 47: The exhibits shall be RESUBMITTED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones (ab)

Oct. 2, 2017

Oct. 2, 2017

PACER
55

MOTION for Leave to Leave to File a Reply Memo re 47 Response in Opposition to Motion for Temporary Restraining Order by Fred Robinson. (Attachments: # 1 Exhibit Proposed Reply Memo)(White, Matthew) (Entered: 10/03/2017)

1 Exhibit Proposed Reply Memo

View on PACER

Oct. 3, 2017

Oct. 3, 2017

PACER
54

ORDER granting 46 Motion for Josh Spickler to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/3/2017. (ab) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
53

NOTICE of Appearance by Michael Ray Jennings on behalf of Wilson County, Tennessee (Jennings, Michael) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
52

NOTICE of Appearance by Michael Ray Jennings on behalf of Debby Moss (Jennings, Michael) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Motion Hearing held on 10/4/2017 re 24 MOTION for Temporary Restraining Order filed by Fred Robinson, et al. The TRO is taken under advisement. (Court Reporter Traci Walker.) (kb)

Oct. 4, 2017

Oct. 4, 2017

PACER

Motion Hearing

Oct. 4, 2017

Oct. 4, 2017

PACER
61

REPLY to Response to Motion re 24 MOTION for Temporary Restraining Order filed by Fred Robinson. (ab) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
60

ORDER granting 55 Motion for Leave to File Reply. Signed by District Judge Aleta A. Trauger on 10/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
59

ORDER granting 49 Motion to Seal. Signed by District Judge Aleta A. Trauger on 10/4/2017. (ab) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
58

NOTICE of Appearance by Charles S. Michels on behalf of Mt. Juliet, Tennessee (Michels, Charles) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
57

NOTICE of Appearance by Josh A. McCreary on behalf of Melissa Harrell, Rutherford County, Tennessee (McCreary, Josh) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
56

NOTICE of Appearance by Louis Gino Marchetti, Jr on behalf of Mt. Juliet, Tennessee (Marchetti, Louis) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
63

ORDER granting 24 Motion for Temporary Restraining Order. A hearing on the Plaintiffs' request to convert the Temporary Restraining Order into a preliminary injunction shall be held on Friday, October 20, 2017 at 2:00 p.m. Signed by District Judge Aleta A. Trauger on 10/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
62

MEMORANDUM signed by District Judge Aleta A. Trauger on 10/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP

Annotation - Bar Status

Oct. 5, 2017

Oct. 5, 2017

PACER

TN State Bar status verified as active for Charles S. Michels. (ab)

Oct. 5, 2017

Oct. 5, 2017

PACER

TN State Bar status verified as active for Josh A. McCreary, Louis Gino Marchetti, Jr. (ab)

Oct. 5, 2017

Oct. 5, 2017

PACER
64

NOTICE of Appearance by Andrew B. Campbell on behalf of David W. Purkey (Campbell, Andrew) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER

TN State Bar status verified as active for Andrew B. Campbell. (ab)

Oct. 10, 2017

Oct. 10, 2017

PACER

Annotation - Bar Status

Oct. 10, 2017

Oct. 10, 2017

PACER
65

**DISREGARD, DOCUMENT TO BE REFILED**NOTICE of Appearance by Phillip Andrew Wright, Jr on behalf of Lebanon, Tennessee, Corey Linville (Wright, Phillip) Modified on 10/13/2017 (ab). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
66

NOTICE of Appearance by Phillip Andrew Wright, Jr on behalf of Lebanon, Tennessee, Corey Linville (Wright, Phillip) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER

Docket Annotation

Oct. 12, 2017

Oct. 12, 2017

PACER

Note to filer re DE 65 : Pursuant to Administrative order No. 167, Section 8, electronically filed documents shall set forth the Filing Users name, address, telephone number and Board of Professional Responsibility registration number. The filers name should be typed in the space where the signature would otherwise appear preceded by the symbol s/ or inserted facsimile signature. THIS DOCUMENT SHALL BE RE-FILED. (ab)

Oct. 12, 2017

Oct. 12, 2017

PACER

TN State Bar status verified as active for Phillip Andrew Wright, Jr. (ab)

Oct. 13, 2017

Oct. 13, 2017

PACER

Annotation - Bar Status

Oct. 13, 2017

Oct. 13, 2017

PACER
68

Joint MOTION TO SUSPEND BRIEFING DEADLINES AND CONTINUE HEARING DATE by David W. Purkey. (Campbell, Andrew) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
67

MOTION to Withdraw as Attorney by David W. Purkey. (Meyer, Michael) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
70

ORDER granting 67 Motion to Withdraw as Attorney. Signed by District Judge Aleta A. Trauger on 10/17/2017. (ab) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
69

ORDER: The Joint Motion to Suspend Briefing Deadlines and Continue Hearing Date (Docket No. 6 8) is GRANTED. It is hereby ORDERED that the Temporary Restraining Order issued on October 5, 2017 (Docket No. 63 ) is hereby EXTENDED by agreement until resolution of the Motion for Preliminary Injunction. The briefing deadlines set out in this court's Order of October 5, 2017 (Docket No. 63 ) are SUSPENDED pending receipt by the court of a joint proposal setting the briefing schedule and resetting the preliminary injunction hearing. The preliminary injunction hearing scheduled for October 20, 2017 is CONTINUED, to be reset by later order of the court Signed by District Judge Aleta A. Trauger on 10/17/2017. (ab) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
72

Surety BOND (The Guarantee Company of North America) posted in the amount of $1,000.00 per order at DE 63 .(af) (Entered: 10/25/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER

TN State Bar status verified as active for Kristin Ellis Berexa, Mark Ennis McGrady. (ab)

Oct. 25, 2017

Oct. 25, 2017

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

“All persons whose Tennessee driver’s licenses have been or will be suspended under Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I) for nonpayment of traffic debt and who cannot now and could not at the time of suspension afford to pay such debt.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Tennessee, State

Wilson County (Wilson), County

Rutherford County (Rutherford), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond

Pattern or Practice

Type of Facility:

Government-run