Case: Hicks v. Robertson County Election Commission

3:18-cv-01235 | U.S. District Court for the Middle District of Tennessee

Filed Date: Nov. 5, 2018

Closed Date: Jan. 8, 2019

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Case Summary

This case is about the alleged illegal purging of a voter registration in Tennesse. On October 30, 2018, a Tennessee resident attempted to cast a ballot in the November 6, 2018 election, but was told that she was not on the list of registered voters and was not allowed to cast a ballot for the Election. On November 5, 2018, the plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiff sued the Robertson County Election Commissions under the Nati…

This case is about the alleged illegal purging of a voter registration in Tennesse.

On October 30, 2018, a Tennessee resident attempted to cast a ballot in the November 6, 2018 election, but was told that she was not on the list of registered voters and was not allowed to cast a ballot for the Election. On November 5, 2018, the plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiff sued the Robertson County Election Commissions under the National Voter Registration Act, 52 U.S.C. § 20501 (NVRA), represented by private counsel. The plaintiff sought a declaration that the defendant violated Section 20507(b) of the NVRA, a temporary and permanent injunction prohibiting the defendant from continuing to violate the NVRA, and a temporary and permanent injunction requiring the defendant to register the plaintiff to vote and allow the plaintiff to vote in the Election. The plaintiff claimed that the defendant was required to send the plaintiff a letter informing her of her pending purge before the defendant purged the plaintiff from the voter rolls pursuant to Section 20507(b) of the NVRA. The case was assigned to Judge Waverly D, Crenshaw.

On November 5, 2018, the plaintiff filed a motion for a preliminary injunction. The plaintiff requested immediate action since the election would be held the following day. Following the filing of this lawsuit, the defendant reinstated the plaintiff’s registration and the plaintiff cast a vote in the election.

On January 4, 2019, the consent permanent injunction order (Consent Order) was issued. In the Consent Order, the court found and ordered (1) the defendant reinstated the plaintiff’s registration and the plaintiff cast a vote in the election, (2) the defendant shall continue to list the plaintiff as a registered voter and shall not purge the plaintiff’s registration except in accordance with the provisions of Tenn. Code Ann. § 2-2-106, and (3) upon entry of this order, the clerk is directed to issue judgment consistent with this Consent Order and the case is dismissed with prejudice.

On January 8, 2019, the judgment was entered regarding the Consent Order.

This case is now closed.

Summary Authors

Natalia Fava de Almeida (10/31/2022)

Kazuki Fujita (2/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8135775/parties/hicks-v-robertson-county-election-commission/


Judge(s)

Crenshaw, Waverly David (Tennessee)

Attorney for Plaintiff

Gastel, Benjamin A. (Tennessee)

Orlandi, Anthony A. (Tennessee)

Stranch, James Gerard (Tennessee)

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Documents in the Clearinghouse

Document
3

3:18-cv-01235

Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order

Nov. 5, 2018

Nov. 5, 2018

Pleading / Motion / Brief
1-1

3:18-cv-01235

Civil Cover Sheet

Nov. 5, 2018

Nov. 5, 2018

Pleading / Motion / Brief
2

3:18-cv-01235

Plaintiffs' Motion for Temporary Restraining Order

Nov. 5, 2018

Nov. 5, 2018

Pleading / Motion / Brief
1

3:18-cv-01235

Verified Complaint

Nov. 5, 2018

Nov. 5, 2018

Complaint
2

3:18-cv-01235

[Proposed] Temporary Injunction Order

Nov. 5, 2018

Nov. 5, 2018

Pleading / Motion / Brief
10

3:18-cv-01235

Consent Permanent Injunction Order

Jan. 4, 2019

Jan. 4, 2019

Order/Opinion
11

3:18-cv-01235

Entry of Judgment

Jan. 8, 2019

Jan. 8, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8135775/hicks-v-robertson-county-election-commission/

Last updated Aug. 8, 2025, 7:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Lori Hicks against Robertson County Election Commission (Filing fee $400, Receipt number 0650-2791076). (Attachments: # 1 Attachment Civil Cover Sheet)(af) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

Clearinghouse
2

MOTION for Temporary Restraining Order filed by Lori Hicks. (Attachments: # 1 Attachment Proposed Order)(af) (Entered: 11/05/2018)

1 Attachment Proposed Order

View on PACER

Nov. 5, 2018

Nov. 5, 2018

Clearinghouse
3

MEMORANDUM in Support of 2 MOTION for Temporary Restraining Order filed by Lori Hicks. (af) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

Clearinghouse
4

Summons issued as to Robertson County Election Commission and placed at intake for pickup by counsel. (af) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER

TN State Bar status verified as active for Anthony A. Orlandi, Benjamin A. Gastel, & James Gerard Stranch, IV. (af)

Nov. 5, 2018

Nov. 5, 2018

PACER
5

NOTICE of Initial Case Management Conference set for 1/7/2019 at 10:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. (af) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
6

SUMMONS returned executed by Lori Hicks. Robertson County Election Commission served on 11/14/2018. (Gastel, Benjamin) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
7

MOTION to Continue Initial Case Management Conference Indefinitely by Lori Hicks. (Gastel, Benjamin) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
8

NOTICE of Filing by Lori Hicks Consent Permanent Injunction Order (Attachments: # 1 Exhibit A - Consent Permanent Injunction Order)(Gastel, Benjamin) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
9

ORDER: The Initial Case Management Conference scheduled for January 7, 2019, at 10:00 a.m. with the undersigned is CANCELLED. Signed by Magistrate Judge Jeffery S. Frensley on 1/3/2019. (dt) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
10

CONSENT PERMANENT INJUNCTION ORDER Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/4/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

Clearinghouse
11

ENTRY OF JUDGMENT re: 10 CONSENT PERMANENT INJUNCTION ORDER. (dt) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 5, 2018

Closing Date: Jan. 8, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Tennessee resident who was told by the poll worker that the plaintiff was not on the list of registered voters and was not allowed to cast a ballot for the next election.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ROBERTSON COUNTY ELECTION COMMISSION (Robertson County, Robertson), County

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Available 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

Source of Relief:

Litigation

Order Duration: 2019 - None

Issues

Voting:

Voter registration rules

Voting: General & Misc.