Case: NAACP v. Lee

3:20-cv-01039 | U.S. District Court for the Middle District of Tennessee

Filed Date: Dec. 3, 2020

Case Ongoing

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Case Summary

The following was a case that challenged Tennessee’s voting rights restoration process for those convicted of felonies. On December 3, 2020, this class action suit was filed in the U.S. District Court for the Middle District of Tennessee. It challenged the state's statutory scheme for restoring the voting rights of people with felony convictions. The plaintiffs included the NAACP and several individuals who had been convicted of felonies. Defendants included Tennessee’s governor, the Commissio…

The following was a case that challenged Tennessee’s voting rights restoration process for those convicted of felonies.

On December 3, 2020, this class action suit was filed in the U.S. District Court for the Middle District of Tennessee. It challenged the state's statutory scheme for restoring the voting rights of people with felony convictions. The plaintiffs included the NAACP and several individuals who had been convicted of felonies. Defendants included Tennessee’s governor, the Commissioner of the Department of Corrections, the Coordinator of Elections, and the Secretary of State. Suing under 42 U.S.C. § 1983, the plaintiffs alleged the voter restoration scheme was, at best, error-ridden and confusing, and at worse, discriminatory against indigent applicants. For example, the plaintiffs alleged that at least one county (Rutherford) charged a fee for production of the Certificate of Restoration (COR). The case was assigned to District Judge William L. Campbell, Jr.

The complaint listed the following counts:

-Violation of the Fourteenth Amendment’s procedural due process requirements for denying the statutory right to a COR.
-Violation of the Fourteenth Amendment’s procedural due process requirements for denying the fundamental right to vote.
-Violation of the Fourteenth Amendment’s Equal Protection Clause for arbitrary and unequal disenfranchisement.
-Violation of the National Voter Registration Act’s (NVRA) requirement to inform applicants of all eligibility requirements. Specifically, the state’s forms and process had failed to do so.
-Violation of the NVRA’s requirement that every eligible applicant is registered to vote. Specifically, they alleged defendants rejected all registration forms which indicated a felony conviction, even those that had never lost their right to vote or had the right restored.
-Violation of the First and Fourteenth Amendment for deprivation of the fundamental right to vote.
-Violation of the Twenty Fourth Amendment’s ban on poll taxes for the fees imposed within the COR process.

On top of injunctive relief and attorney’s fees, the plaintiffs sought to represent a class of Tennessee residents convicted of felonies who had completed their sentence, believed that they satisfied all other requirements to restore their voting rights under Tennessee, and had requested or planned to request a COR. They sought a permanent injunction requiring improvements to the voter restoration process and eliminating administrative fees for COR applicants.

On March 22, 2021, Judge Campbell signed a stipulated consent decree partially resolving the dispute. Rutherford county, the only county identified by the plaintiffs that charged administrative fees for CORs, would no longer charge such fees. The court retained jurisdiction over the case. The parties agreed to cover their own fees as it related to this issue.

On December 30, 2021, the defendants moved to dismiss all counts. On March 30, 2022, the court granted the motion only for count five without prejudice. The court reasoned that the NAACP’s First Notice Letter had not satisfied the NVRA’s pre-suit notice requirements.

On October 22, 2022, the plaintiffs filed their first amended complaint. The new complaint added two additional individual plaintiffs. It also removed count five, which had alleged violations to the NVRA’s requirement that every eligible applicant is registered to vote.

On November 1, 2022, the plaintiffs moved to certify a class regarding counts one, two, and three. The proposed definition had changed to “Tennessee residents who have been disenfranchised because of a felony conviction and have requested or attempted to request a Certification of Restoration (“COR”) from the pardoning, incarcerating, or supervising authority, but to date have not received a COR sufficient to restore their voting rights.” On April 13, 2023, the court certified the class.

On April 18, 2024, the United States District Court for the Middle District of Tennessee ruled on plaintiffs’ and defendants’ respective motions for summary judgment. The court granted summary judgment in favor of the plaintiffs. The court held that it was more costly for the NAACP to help felons register due to the State Form’s lack of clarity and the additional records mandated by the Document Policy’s requirement. The court stated that this diverted the organization’s resources away from other activities. Additionally, the court held that the State Form and documentation policy both violated the NVRA. The court did not award any relief. Instead, it ordered both parties to negotiate the terms of an injunction. However, the parties failed to reach an agreement.

On June 5, 2024, the court entered a permanent injunction against the Documentation Policy, stating that the state could not deny valid, timely submitted mail in voter registration forms if they were doing so based solely on the applicant’s previous felony conviction, and it could not require additional documentation before being placed on the voter rolls as it violated the NVRA. The court enjoined all Tennessee state elected officials from enforcing this policy against applicants.

The state of Tennessee filed a notice of appeal and an emergency motion to stay the injunction pending appeal on June 7, 2024, informing the district court it planned to seek a stay from the Sixth Circuit Court for the U.S. Court of Appeals, which it filed on June 12, 2024. The Court of Appeals granted an administrative stay on June 14, 2024 so that the court would have time to consider the motion. On June 28, 2024, the Sixth Circuit granted a stay of the district court’s injunction pending this appeal. The state’s policy will thus remain in place while the lawsuit continues.

On July 20, 2024, the Sixth Circuit remanded the case to the district court for reconsideration of the motion for class certification due a change in Tennessee state policy.

On October 1, 2024, plaintiff Reginald Hendrix dismissed his claims against defendants.

On October 23, 2024, defendants’ filed a motion to dismiss, arguing that the plaintiffs lacked standing because at the time plaintiffs filed the operative complaint they owed debts. According to defendants, Tennessee law states that to receive a Certificate of Restoration, which restores the right to vote, one must have paid all court costs, restitution, child support owed. That is not the case here. Additionally, defendants argued that individual plaintiffs have not had their citizenship rights fully restored. Defendants further argued that the NAACP lacks organizational standing and cannot establish representational standing.

On November 19, 2024, Judge William L. Campbell recused himself in this case, and the case was reassigned to District Judge Eli J. Richardson. This case is ongoing.

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Summary Authors

Jordan Katz (11/9/2021)

Eric Gripp (4/21/2023)

Renuka Wagh (1/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18713658/parties/tennessee-conference-of-the-national-association-for-the-advancement-of/

Judge(s)

Attorney for Plaintiff

Baker, Natasha (District of Columbia)

Boettcher, Ellen (Tennessee)

Bowie, Blair S. (District of Columbia)

Attorney for Defendant

Barker, Zachary L. (Tennessee)

Campbell, Andrew B. (Tennessee)

Judge(s)

Campbell, William Lynn Jr. (Tennessee)

Frensley, Jeffrey S (Tennessee)

Attorney for Plaintiff

Baker, Natasha (District of Columbia)

Boettcher, Ellen (Tennessee)

Bowie, Blair S. (District of Columbia)

Gaber, Mark P. (District of Columbia)

Grant, Denmark J. (Tennessee)

Grant, Charles K. (Tennessee)

Haynes, Keeda (Tennessee)

Huddleston, Kathryn (Tennessee)

Huling, Alice C.C. (District of Columbia)

Lang, Danielle (District of Columbia)

Mulji, Aseem (District of Columbia)

Paikowsky, Dana (District of Columbia)

Richardson, Valencia V. (Tennessee)

Telfeyan, Phil (District of Columbia)

Uyeda, Kate Levy (Tennessee)

Attorney for Defendant

Barker, Zachary L. (Tennessee)

Campbell, Andrew B. (Tennessee)

Christiansen, Nick C. (Tennessee)

Christiansen, Nicholas Clinton (Tennessee)

Coulam, Andrew Craig (Tennessee)

Hammersley, Philip (Tennessee)

Jordan, Dawn Marie (Tennessee)

Kleinfelter, Janet M. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Rudolph, David M. (Tennessee)

Wilson, Robert Wade (Tennessee)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-01039	Docket [PACER] Tennessee Conference of the National Association for the Advancement of Colored People v. Lee	Sept. 15, 2021	Sept. 15, 2021 Docket
1 & 1-1 to 1-3 3:20-cv-01039	Complaint for Declaratory and Injunctive Relief Tennessee Conference of the National Association for the Advancement of Colored People v. Lee	Dec. 3, 2020	Dec. 3, 2020 Complaint
61 3:20-cv-01039	Consent Decree and Judgment Regarding Claim Against Defendant Melissa Harrell Tennessee Conference of the National Association for the Advancement of Colored People v. Lee	March 22, 2021	March 22, 2021 Order/Opinion
61 3:20-cv-01039	Consent Decree and Judgment Regarding Claim Against Defendant Melissa Harrell Tennessee Conference of the National Association for the Advancement of Colored People v. Lee	March 22, 2021	March 22, 2021 Order/Opinion
102 3:20-cv-01039	First Amended Complaint for Declaratory and Injunctive Relief	Oct. 20, 2022	Oct. 20, 2022 Complaint
122 3:20-cv-01039	Memorandum	April 13, 2023	April 13, 2023 Order/Opinion
298 3:20-cv-01039	Stipulation of Voluntary Dismissal Under FRCP 41(a)(1)(A)(ii)	Oct. 1, 2024	Oct. 1, 2024 Settlement Agreement
310 3:20-cv-01039	Defendants’ Memorandum of Law in Support of Motion to Dismiss Plaintiffs for Lack of Standing	Oct. 23, 2024	Oct. 23, 2024 Pleading / Motion / Brief
309 3:20-cv-01039	Defendants’ Motion to Dismiss Plaintiffs for Lack of Standing	Oct. 23, 2024	Oct. 23, 2024 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
TN NAACP v. Lee Campaign Legal Center	Tennessee disenfranchises more than 451,000 of its residents for past felony convictions, about 9.1% of its total voting age population. These individuals remain unable to vote for life unless they a…	April 13, 2021	April 13, 2021 https://campaignlegal.org/...
TN NAACP v. Lee Campaign Legal Center	Tennessee disenfranchises more than 451,000 of its residents for past felony convictions, about 9.1% of its total voting age population. These individuals remain unable to vote for life unless they a…	April 13, 2021	April 13, 2021 https://campaignlegal.org/...
TN NAACP v. Lee Equal Justice Under Law	Under current law, Tennessee automatically strips anyone convicted of a felony of the right to vote. The result of this policy is that more than 9% of the total voting age population of Tennessee — a…	Dec. 3, 2020	Dec. 3, 2020 https://equaljusticeunderlaw.org/...
TN NAACP v. Lee Equal Justice Under Law	Equal Justice Under Law is suing Tennessee Governor William Lee and other state officials to restore the right to vote for more than 451,000 Tennesseans with felony records.	Dec. 3, 2020	Dec. 3, 2020 https://equaljusticeunderlaw.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18713658/tennessee-conference-of-the-national-association-for-the-advancement-of/

Last updated Jan. 3, 2025, 12:59 p.m.

ECF Number	Description	Date	Link Date / Link
	TN State Bar status verified as active for Charles K. Grant, Denmark J. Grant, Keeda Haynes admitted to this court. (mg)	Dec. 3, 2020	Dec. 3, 2020 PACER
	Annotation - Not Admitted	Dec. 3, 2020	Dec. 3, 2020 PACER
	NOTICE TO COUNSEL Keeda Haynes: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 12/24/2020. (mg)	Dec. 3, 2020	Dec. 3, 2020 PACER
	Annotation - Bar Status	Dec. 3, 2020	Dec. 3, 2020 PACER
	D.C. Bar status verified as active for Danielle Lang, Mark P. Gaber, Phil Telfeyan, Natasha Baker not admitted to this court - Local counsel secured. (mg)	Dec. 3, 2020	Dec. 3, 2020 PACER
	Annotation - PHV	Dec. 3, 2020	Dec. 3, 2020 PACER
1	COMPLAINT against Mark Goins, Tre Hargett, Melissa Harrell, William Lee, Tony C. Parker (Filing fee $402, Receipt number 0650-3268462), filed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. (Attachments: # 1 Exhibit A - COR form, # 2 Exhibit B - TN Mail-In App for Voter Registration, # 3 Exhibit C - Federal form for TN Voter Registration Application, # 4 Attachment - Civil Cover Sheet)(mg) (Entered: 12/03/2020) 1 Exhibit A - COR form View on PACER 2 Exhibit B - TN Mail-In App for Voter Registration View on PACER 3 Exhibit C - Federal form for TN Voter Registration Application View on PACER 4 Attachment - Civil Cover Sheet View on PACER	Dec. 3, 2020	Dec. 3, 2020 Clearinghouse
	NOTICE TO COUNSEL Danielle Lang, Mark P. Gaber, Aseem Mulji, Phil Telfeyan, Natasha Baker: 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 or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 12/24/2020. (mg)	Dec. 3, 2020	Dec. 3, 2020 PACER
2	NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 12/03/2020)	Dec. 3, 2020	Dec. 3, 2020 PACER
3	Summons issued as to Mark Goins, Tre Hargett, Melissa Harrell, William Lee, Tony C. Parker. Service copies will be returned to counsel (Charles Grant) by mail. (mg) (Entered: 12/03/2020)	Dec. 3, 2020	Dec. 3, 2020 PACER
4	NOTICE of Initial Case Management Conference set for 2/11/2021 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg) (Entered: 12/03/2020)	Dec. 3, 2020	Dec. 3, 2020 RECAP
5	MOTION for attorney Aseem B. Mulji to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269292) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
6	MOTION for attorney Danielle M. Lang to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269444) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 RECAP
7	CERTIFICATE OF GOOD STANDING of Attorney Danielle M. Lang from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
8	MOTION for attorney Mark P. Gaber to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269455) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
9	CERTIFICATE OF GOOD STANDING of Attorney Mark P. Gaber from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
10	ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 12/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 RECAP
	NOTICE TO FILER re DE# 5 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (mg)	Dec. 7, 2020	Dec. 7, 2020 PACER
	Annotation - Deficiency Notice	Dec. 7, 2020	Dec. 7, 2020 PACER
11	CERTIFICATE OF GOOD STANDING of Attorney Aseem B. Mulji from the United States District Court for the Central District of California filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/07/2020)	Dec. 7, 2020	Dec. 7, 2020 PACER
	CA State Bar status verified as active for Aseem Mulji not admitted to this court - Local counsel secured. (mg)	Dec. 8, 2020	Dec. 8, 2020 PACER
	Annotation - Bar Status	Dec. 8, 2020	Dec. 8, 2020 PACER
12	SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. William Lee served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
13	SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Tony C. Parker served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
14	SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Mark Goins served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
15	SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Tre Hargett served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
16	SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Melissa Harrell served on 12/9/2020. (Grant, Charles) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
17	ORDER granting 5 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Aseem B. Mulji is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 PACER
18	ORDER granting 6 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Danielle M. Lang is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 PACER
19	ORDER granting 8 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Mark P. Gaber is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 PACER
	Appear Pro Hac Vice	Dec. 17, 2020	Dec. 17, 2020 PACER
20	NOTICE by Tennessee Conference of the National Association for the Advancement of Colored People Regarding Pro Hac Vice and Admission Status of Plaintiff's Counsel (Grant, Denmark) (Entered: 12/24/2020)	Dec. 24, 2020	Dec. 24, 2020 PACER
21	NOTICE of Appearance by Nicholas Clinton Christiansen on behalf of Melissa Harrell (Christiansen, Nicholas) (Entered: 12/29/2020)	Dec. 29, 2020	Dec. 29, 2020 PACER
22	MOTION for Extension of Time to File Answer re 1 Complaint,, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 12/29/2020)	Dec. 29, 2020	Dec. 29, 2020 PACER
23	ORDER granting 22 Motion for Extension of Time to Answer Melissa Harrell answer due 2/10/2021. Signed by Magistrate Judge Jeffery S. Frensley on 12/30/2020. (am) (Entered: 12/30/2020)	Dec. 30, 2020	Dec. 30, 2020 PACER
24	MOTION to Dismiss by Mark Goins, Tre Hargett, William Lee. (Kleinfelter, Janet) (Entered: 12/30/2020)	Dec. 30, 2020	Dec. 30, 2020 RECAP
25	MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, William Lee. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit Exh. 1 to Memorandum)(Kleinfelter, Janet) (Entered: 12/30/2020) 1 Attachment Memorandum in Support View on RECAP 2 Exhibit Exh. 1 to Memorandum View on RECAP	Dec. 30, 2020	Dec. 30, 2020 RECAP
26	ORDER: 25 Motion for Leave to File Excess Pages is GRANTED. Counsel is advised to comply with Local Rule 7.01(a)(1) in the future. Signed by District Judge William L. Campbell, Jr on 12/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 12/31/2020)	Dec. 31, 2020	Dec. 31, 2020 PACER
	TN State Bar status verified as active for Nicholas Clinton Christiansen admitted to this court. (mg)	Jan. 4, 2021	Jan. 4, 2021 PACER
	Annotation - Bar Status	Jan. 4, 2021	Jan. 4, 2021 PACER
27	Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 01/07/2021)	Jan. 7, 2021	Jan. 7, 2021 PACER
28	ORDER granting 27 Motion for Extension of Time to File Response re 24 MOTION to Dismiss. The Court extends Plaintiffs' response deadline by two weeks to January 27, 2021. Signed by District Judge William L. Campbell, Jr on 1/8/2021. (mg) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021 PACER
29	RESPONSE in Opposition re 24 MOTION to Dismiss filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Attachments: # 1 Exhibit A - 8/22/2018 letter, # 2 Exhibit B - 1/27/2021 letter)(Grant, Charles) (Entered: 01/27/2021) 1 Exhibit A - 8/22/2018 letter View on RECAP 2 Exhibit B - 1/27/2021 letter View on RECAP	Jan. 27, 2021	Jan. 27, 2021 RECAP
30	MOTION for Leave to File Excess Pages by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
	NOTICE TO FILER re DE# 29, 30 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)	Jan. 28, 2021	Jan. 28, 2021 PACER
	Annotation - Deficiency Notice	Jan. 28, 2021	Jan. 28, 2021 PACER
31	CERTIFICATE OF SERVICE by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare re 29 Response in Opposition to Motion, 30 MOTION for Leave to File Excess Pages (Grant, Charles) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
32	ORDER granting 30 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 1/28/2021. (mg) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
33	MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Kleinfelter, Janet) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 PACER
34	REPLY to Response to re 24 MOTION to Dismiss filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Kleinfelter, Janet) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 PACER
35	Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 PACER
36	MEMORANDUM in Support of 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker . (Campbell, Andrew) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 RECAP
37	CERTIFICATE Corrected Certificate of Service filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker re 34 Reply to Response to Motion filed by Mark Goins, Tre Hargett, Tony C. Parker, William Lee, 33 MOTION for Leave to File Excess Pages filed by Mark Goins, Tre Hargett, Tony C. Parker, William Lee. (Kleinfelter, Janet) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 PACER
38	ORDER granting 33 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 2/4/2021. (mg) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
39	RESPONSE in Opposition re 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 RECAP
40	REPLY to Response to re 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 RECAP
41	MOTION for attorney Blair Bowie to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3309452) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
42	CERTIFICATE OF GOOD STANDING of Attorney Blair Bowie from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
43	MOTION for attorney Natasha Baker to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3309490) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
44	CERTIFICATE OF GOOD STANDING of Attorney Natasha Baker from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
45	MOTION for Oral Argument on Defendants' Motion to Dismiss re 24 MOTION to Dismiss by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
46	ORDER: Due to a conflict in the Court's calendar the Case Management Conference set for February 11, 2021 at 9:00 a.m. via telephone is hereby RESET for March 17, 2021 at 9:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 02/08/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
	D.C. Bar status verified as active for Blair Bowie not admitted to this court - Local counsel secured. (mg)	Feb. 8, 2021	Feb. 8, 2021 PACER
	Annotation - Bar Status	Feb. 8, 2021	Feb. 8, 2021 PACER
47	MOTION to Dismiss by Melissa Harrell. (Christiansen, Nicholas) (Entered: 02/10/2021)	Feb. 10, 2021	Feb. 10, 2021 PACER
48	MEMORANDUM in Support of 47 MOTION to Dismiss filed by Melissa Harrell . (Christiansen, Nicholas) (Entered: 02/10/2021)	Feb. 10, 2021	Feb. 10, 2021 PACER
49	RESPONSE in Opposition re 45 MOTION for Oral Argument on Defendants' Motion to Dismiss re 24 MOTION to Dismiss filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/11/2021)	Feb. 11, 2021	Feb. 11, 2021 PACER
50	ORDER granting 43 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Natasha Baker is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 2/18/21. (vk) Modified on 4/23/2021 (vk). (Entered: 02/18/2021)	Feb. 18, 2021	Feb. 18, 2021 PACER
	Appear Pro Hac Vice	Feb. 18, 2021	Feb. 18, 2021 PACER
51	RESPONSE in Opposition re 47 MOTION to Dismiss of Defendant Harrell filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Attachments: # 1 Exhibit 1 - Decl. of Andrew Ron Fields, # 2 Exhibit 2 - Decl. of James W. Owens)(Grant, Charles) (Entered: 02/24/2021) 1 Exhibit 1 - Decl. of Andrew Ron Fields View on RECAP 2 Exhibit 2 - Decl. of James W. Owens View on RECAP	Feb. 24, 2021	Feb. 24, 2021 RECAP
52	Unopposed MOTION for Extension of Time to File Response/Reply as to 51 Response in Opposition to Motion, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 02/26/2021)	Feb. 26, 2021	Feb. 26, 2021 PACER
53	ORDER granting 52 Motion for Extension of Time to File Reply re 47 MOTION to Dismiss. Reply due by 3/10/2021 re 51 RESPONSE in Opposition. Signed by District Judge William L. Campbell, Jr on 3/2/2021. (mg) (Entered: 03/02/2021)	March 2, 2021	March 2, 2021 PACER
54	Unopposed MOTION for Extension of Time to File Response/Reply as to 51 Response in Opposition to Motion, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 03/10/2021)	March 10, 2021	March 10, 2021 PACER
55	ORDER granting 54 Motion for Extension of Time to File Reply re 51 RESPONSE in Opposition to 47 MOTION to Dismiss. Reply due by 3/16/2021. Signed by District Judge William L. Campbell, Jr on 3/11/2021. (mg) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
56	MOTION to Approve Consent Judgment by Tennessee Conference of the National Association for the Advancement of Colored People. (Grant, Charles) (Entered: 03/12/2021)	March 12, 2021	March 12, 2021 RECAP
57	PROPOSED CASE MANAGEMENT ORDER filed by Tennessee Conference of the National Association for the Advancement of Colored People. (Grant, Charles) (Entered: 03/12/2021)	March 12, 2021	March 12, 2021 PACER
58	SUPPLEMENT filed by Tennessee Conference of the National Association for the Advancement of Colored People re 56 Motion to Approve Consent Judgment. (Grant, Charles) (Entered: 03/12/2021)	March 12, 2021	March 12, 2021 RECAP
59	MOTION for attorney Dana M. Paikowsky to Appear Pro Hac Vice (Fee Paid) by Tennessee Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Attachment Cert Good Standing)(Grant, Charles) Modified on 4/19/2021 (mg). (Entered: 03/13/2021)	March 13, 2021	March 13, 2021 PACER
	CA State Bar status verified as active for Dana M. Paikowsky not admitted to this court - Local counsel secured. (mg)	March 15, 2021	March 15, 2021 PACER
	Annotation - Bar Status	March 15, 2021	March 15, 2021 PACER
60	ORDER: For the reasons set forth herein, the Defendants' motion to postpone the initial case management conference and stay discovery (Docket No. 35 ) is GRANTED in part and DENIED in part. The initial case management conference in this matter will be continued. The parties shall contact the Court within fourteen (14) days of the ruling on the Defendants' Motion to Dismiss to reschedule the case management conference if necessary. The Court will delay entry of a case management order until that time. Discovery is stayed as to Counts 1, 2, 3,6 and 7. Discovery may commence with respect to all other claims asserted in the complaint without limitation. Signed by Magistrate Judge Jeffery S. Frensley on 3/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
61	CONSENT DECREE AND JUDGMENT REGARDING CLAIM AGAINST DEFENDANT MELISSA HARRELL: The Court has reviewed the proposed Consent Decree, and for good cause shown GRANTS the Parties' motion 56 . It is therefore ORDERED and ADJUDGED as follows: Count Seven of Plaintiffs' Complaint against Defendant Harrell is accordingly DISMISSED WITH PREJUDICE, and Plaintiff TN NAACP waives any claims based on conduct occurring before this Consent Decree. Plaintiff TN NAACP retains the right to bring claims based on future conduct. Because Count 7 is the only count against Defendant Harrell in Plaintiffs' Complaint, and because no other Plaintiffs in this suit, including the class action representatives, raise claims or allegations against Defendant Harrell, the Parties agree Defendant Harrell should be DISMISSED WITH PREJUDICE entirely as a Defendant in this action. This Consent Decree shall be effective immediately. Signed by District Judge William L. Campbell, Jr on 3/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021 Clearinghouse
62	NOTICE of Change of Address by Charles K. Grant (Grant, Charles) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
63	MOTION for Reconsideration re 60 Order on Motion to Continue, and in the Alternative, MOTION to Expedite Consideration of Immunity Issues by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) Modified on 3/25/2021 (mg). (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
64	MEMORANDUM in Support of 63 MOTION for Reconsideration re 60 Order on Motion to Continue, and in the Alternative MOTION to Expedite Consideration of Immunity Issues filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare . (Grant, Charles) Modified on 3/25/2021 (mg). (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
65	RESPONSE in Opposition re 63 MOTION for Reconsideration re 60 Order on Motion to Continue,,, and in the Alternative MOTION to Expedite Consideration of Immunity Issues filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 03/26/2021)	March 26, 2021	March 26, 2021 PACER
	*DISREGARD, SEE RECEIPT 66 * NOTICE TO COUNSEL Dana M. Paikowsky re 59 PHV: The $150 fee per motion has NOT BEEN PAID. Due immediately. (hb) Modified on 4/19/2021 (mg).	April 19, 2021	April 19, 2021 PACER
	Annotation - PHV	April 19, 2021	April 19, 2021 PACER
66	RECEIPT #34675061872 in the amount of $150 posted by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare re 59 Dana Paikowsky's Motion to Appear Pro Hac Vice. (mg) (Entered: 04/19/2021)	April 19, 2021	April 19, 2021 PACER
67	ORDER granting 59 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Dana M. Paikowsky is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 4/22/21. (vk) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
	Appear Pro Hac Vice	April 22, 2021	April 22, 2021 PACER
68	ORDER granting 41 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Blaire Bowie is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 4/23/2021. (vk) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
	Appear Pro Hac Vice	April 23, 2021	April 23, 2021 PACER
69	ORDER: Pending before the Court is the "Plaintiffs' Motion for Reconsideration/Motion to Expedite." Docket No. 63 . For the reasons set forth herein, Plaintiffs Motion for Reconsideration/Motion to Expedite (Docket No. 63 ) is DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 6/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 06/07/2021)	June 7, 2021	June 7, 2021 PACER
70	MOTION for attorney Alice C.C. Huling to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3392369) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 PACER
71	CERTIFICATE OF GOOD STANDING of Attorney Alice C.C. Huling from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 PACER
	D.C. Bar status verified as active for Alice C.C. Huling not admitted to this court - Local counsel secured. (mg)	June 17, 2021	June 17, 2021 PACER
	Annotation - Bar Status	June 17, 2021	June 17, 2021 PACER
72	ORDER granting 70 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Alice C. C. Huling to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 06/17/2021. (lh) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 PACER
	Appear Pro Hac Vice	June 17, 2021	June 17, 2021 PACER

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Case Details

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 3, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The NAACP and various individual plaintiffs that had been disenfranchised due to a felony conviction. They also are representing a class of "Tennessee residents who have been disenfranchised because of a felony conviction and have requested or attempted to request a Certification of Restoration (“COR”) from the pardoning, incarcerating, or supervising authority, but to date have not received a COR sufficient to restore their voting rights."

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

ACLU Affiliates (any)

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants