Case: Occupy Nashville v. Haslam

3:11-cv-01037 | U.S. District Court for the Middle District of Tennessee

Filed Date: Oct. 31, 2011

Closed Date: Oct. 30, 2014

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Case Summary

On October 31, 2011, a group of individuals who gathered to protest the disparities in wealth and power in the United States filed this lawsuit against various Tennessee state officials in the U.S. District Court for the Middle District of Tennessee. The plaintiffs sued pursuant to 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights under the U.S. Constitution, as well as their rights under the Constitution of the State of Tennessee. They alleged…

That same day, the plaintiffs moved for, and the district court granted, a temporary restraining order to enjoin the defendants from enforcing the “Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy” (“Use Policy”) issued by the Tennessee Department of General Services. The plaintiffs alleged that, prior to the Occupy Nashville protest, the rules governing the use of the Plaza were understood to contain no limitation on hours and had been interpreted by the State to allow for use of the Plaza without needing to obtain a permit. However, on October 27, 2011, the rules were amended—without notice, comment, approval, and publication—to limit public access to the Plaza. According to the complaint, at around 3 a.m. on October 28, 2011, Tennessee Highway Patrol officers ordered protesters encamped in the Plaza to clear the Plaza immediately. Officers proceeded to arrest protesters who refused the order and transported them by bus to the Davidson County Sheriff’s Criminal Justice Center. The plaintiffs alleged that, upon arrival at the jail, a Judicial Commissioner declined to find probable cause for the arrests and ordered the protesters released, but they were held for approximately five more hours and were only released after being cited with trespassing, a class “C” misdemeanor. The plaintiffs further alleged that the following night, October 29, 72 Highway Patrol officers arrested roughly two dozen peaceful protesters, as well as a reporter covering the protest.

On November 16, 2011, the parties agreed to the entry of a preliminary injunction enjoining the defendants from enforcing the Use Policy pending further order of the court.

On January 5, 2012, the plaintiffs filed an amended complaint, adding an additional named plaintiff who was not arrested, but alleged that her speech and political activities were curtailed out of fear of being arrested. The plaintiffs also officially added unnamed Tennessee Highway Patrol officers as defendants. The amended complaint also alleged that the defendants engaged in illegal surveillance by attempting to infiltrate an Occupy Nashville chat room, that the defendants acted with reckless and/or callous indifference to the plaintiffs’ First Amendment rights by enacting the Use Policy and that the enactment of the Use Policy and arrest of the plaintiffs each constituted retaliation against the plaintiffs for exercising their First Amendment rights. The amended complaint also sought punitive damages against certain defendants. While the plaintiffs requested class relief, it appears they never officially moved for class certification.

In early February of 2012, the parties asked the court to stay the case so they could engage in settlement talks. On February 6, 2012, the court referred the case to Magistrate Judge Joe B. Brown for a judicial settlement conference. The parties participated in a settlement conference on April 9, 2012, but were unable to reach an agreement. The court subsequently set the case for trial.

Meanwhile, with the occupation of the Plaza ongoing, in March 2012, the Tennessee legislature enacted a statute banning camping on state-owned land not designated for that purpose. On April 27, 2012, the State withdrew the Use Policy and replaced it with new rules effective November 20, 2012. Throughout 2012 and into the beginning of 2013, the parties engaged in discovery.

On March 22, 2013, both parties moved for summary judgment. On June 12, 2013, the district court granted in part and denied in part the defendants’ and plaintiffs’ respective motions for summary judgment. First, the court found that two of the defendants—the Commissioner of the Tennessee Department of Safety and the Commissioner of the Tennessee Department of General Services—were not entitled to qualified immunity against the plaintiffs’ individual capacity claims, finding that enforcement of the policy, which resulted in protesters’ arrests, violated the protesters’ clearly established rights to free speech and assembly. Next, the court dismissed with prejudice the following claims against all the defendants: claims against the unnamed officers, claims under the Fifth Amendment, claims under the Tennessee Constitution and the Tennessee Uniform Administrative Procedures Act (UAPA), the selective enforcement claim, the unlawful seizure of personal property claim, the retaliation claim, the individual capacity claims by one of the named plaintiffs, and the claims for false arrest by another named plaintiff. 949 F.Supp.2d 777.

The court explained that the plaintiffs had alleged several claims or demands for relief in their complaints that they had since abandoned. For instance, the plaintiffs sued unnamed officers, but they never identified them and did not dispute that the claims against those officers were no longer viable. Additionally, the court found—and the plaintiffs did not dispute—that the Fifth Amendment claim was not applicable given that the defendants were not federal officials. The plaintiffs also did not contest that the claims for monetary damages for violations of the Tennessee Constitution and the UAPA, as well as the claims for the return of personal property, were subject to dismissal. The court also reasoned that, for both the selective enforcement and retaliation claims, the plaintiffs had failed to show that their speech activities motivated the defendants’ actions. 949 F.Supp.2d 777.

Regarding the false arrest claim, the court found that the Use Policy never had any legal effect, so the plaintiffs who were arrested pursuant to it were arrested unlawfully. With respect to liability, the court granted summary judgment to all but one of the plaintiffs as to the First Amendment freedom of speech and assembly and Fourteenth Amendment due process claims, and granted summary judgment to all but two of the plaintiffs as to the unlawful arrest claims. Lastly, the court found that the plaintiffs had prevailed on their demands for injunctive relief against the individual defendants. However, noting that the plaintiffs had already successfully opposed enforcement of the Use Policy—which had since been rescinded—the court granted no further injunctive relief. The court reserved entry of final judgment until issues of damages were resolved. 949 F.Supp.2d 777.

Later that month, the defendants filed an interlocutory appeal regarding the district court’s ruling that the defendants were not entitled to qualified immunity and were personally liable for damages.

On October 8, 2014, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s order denying qualified immunity and granting partial summary judgment of liability. The Sixth Circuit held that the state officials were protected by qualified immunity against the individual capacity claims. The three-judge panel agreed with the state officials that the plaintiffs’ claimed right must be defined as “indefinite occupation of a public park,” and found that that right, if it existed, “certainly was not, and is not, clearly established.” Noting that liability issues and qualified immunity are “inextricably intertwined,” the court explained that its ruling on qualified immunity necessarily resolved the appeal in its entirety. The Sixth Circuit remanded with instructions to enter judgment for the state officials, but declined to analyze whether a constitutional violation had in fact occurred. 769 F.3d 434.

On January 15, 2015, the plaintiffs filed a motion for fees. On August 10, 2015, the district court granted in part and denied in part the motion for fees, awarding the plaintiffs $35,075 in fees relating to their official capacity claims only. The court first wrestled with whether the plaintiffs were in fact a prevailing party. Relying on Sixth Circuit precedent, the court concluded that they were. The court reasoned that the injunction it granted was “‘preliminary’ in name but not in substance”; that the court would have made the injunction permanent or entered judgment for the plaintiffs had they requested judgment before the Use Policy was rescinded; and that it would be unfair to penalize the plaintiffs for not seeking a permanent injunction while the preliminary injunction was in place, the case was stayed, and the parties were engaged in settlement negotiations.

This case is now closed.

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Summary Authors

Saba Khan (5/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4945445/parties/occupy-nashville-v-haslam/

Judge(s)

Attorney for Plaintiff

Briley, Clifton David (Tennessee)

Castelli, Thomas H. (Tennessee)

Frogge, Patrick G. (Tennessee)

Herzfeld, Tricia (Tennessee)

Attorney for Defendant

Jordan, Dawn Marie (Tennessee)

Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorney for Plaintiff

Briley, Clifton David (Tennessee)

Castelli, Thomas H. (Tennessee)

Frogge, Patrick G. (Tennessee)

Herzfeld, Tricia (Tennessee)

Attorney for Defendant

Jordan, Dawn Marie (Tennessee)

Marett, William J. (Tennessee)

Ross, Heather Cairns (Tennessee)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:11-cv-01037	Verified Complaint	Oct. 31, 2011	Oct. 31, 2011 Complaint
18 3:11-cv-01037	First Amended Complaint	Jan. 5, 2012	Jan. 5, 2012 Complaint
41-2 13-05882	Opinion U.S. Court of Appeals for the Sixth Circuit	Oct. 8, 2014	Oct. 8, 2014 Order/Opinion 769 F.3d 434
111 3:11-cv-01037	Memorandum	Aug. 10, 2015	Aug. 10, 2015 Order/Opinion 2015 WL 4727097

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Resources

Title	Description		External URL Date / External URL
Occupy Nashville, et al v. Haslam, et al	In October 2011, Occupy Nashville protesters gathered at Legislative Plaza in downtown Nashville to express their frustration with the government. Between October 9 and October 27, 2011, the proteste…	Oct. 8, 2015	Oct. 8, 2015 https://www.aclu-tn.org/...
Oral History Project Interview with Attorney Tricia Herzfeld: Contents and Links Civil Rights Litigation Clearinghouse	Contents: Clearinghouse Oral History Project Interview with Attorney Tricia Herzfeld (Spring 2023) [00:00-15:34] I…	April 11, 2024	April 11, 2024 https://www.mivideo.it.umich.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4945445/occupy-nashville-v-haslam/

Last updated March 19, 2024, 10:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	VERIFIED COMPLAINT against Steven G. Cates, William L. Gibbons, William Edward Haslam, filed by Darria Hudson, William W. Howell, Malina Chavez Shannon, Adam Kenneth Knight, Occupy Nashville, Lauren Marie Plummer, Paula Elaine Painter.Filing fee paid $350. No summons issued. (Attachments: # 1 Exhibit 1-Letter from Thaddeus E. Watkins, III to Tricia R. Herzfeld, # 2 Exhibit 2-Public use of War Memorial Plaza Policy, # 3 Exhibit 3-Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy, # 4 Civil Cover Sheet)(eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 Clearinghouse
	Docket Annotation	Oct. 31, 2011	Oct. 31, 2011 PACER
2	AFFIDAVIT of William Howell In support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
	Motion Hearing	Oct. 31, 2011	Oct. 31, 2011 PACER
3	AFFIDAVIT of Occupy Nashville in support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
4	AFFIDAVIT Malina Chavez in support re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
5	AFFIDAVIT Lauren Marie Plummer in support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
6	AFFIDAVIT of Darria Hudson in support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
7	AFFIDAVIT of Paula Elaine Painter in support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
8	AFFIDAVIT of Adam Kenneth Knight in support of re 1 Complaint, by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
9	MOTION for Temporary Restraining Order and Memorandum of Law in Support of Motion by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon. (Attachments: # 1 Proposed Order)(eh) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
	Bar status for attorneys Tricia Ruth Herzfeld, Clifton David Briley and Patrick G. Frogge of TN verified as active on this date. (eh)	Oct. 31, 2011	Oct. 31, 2011 PACER
10	ORDER: It is hereby ORDERED that the plaintiffs' Motion For Temporary Restraining Order 9 is set for hearing today, October 31, 2011, at 3:30 p.m., before Judge Trauger. Counsel for the defendants shall appear at the hearing. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/31/11. (tmw) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
	Minute Entry for proceedings held before District Judge Aleta A. Trauger: TRO Hearing held on 10/31/2011 re 9 MOTION for Temporary Restraining Order filed by Occupy Nashville, et al. Order to enter. (Court Reporter Becky Cole.) (kb)	Oct. 31, 2011	Oct. 31, 2011 PACER
11	TEMPORARY RESTRAINING ORDER: A temporary restraining order hereby ISSUES, restraining defts from enforcing the Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy issued by the Tennessee Department of General Services on 10/27/11 against pltfs or any other individuals, pending further order of the court. By agreement, this Temporary Restraining Order will not require the posting of security by pltfs and shall extend for a period of 21 days. This Temporary Restraining Order does not prevent state and local officials from enforcing valid criminal and civil laws. A hearing on converting the Temporary Restraining Order to a preliminary injunction shall be held at 10:30 a.m. on Monday, 11/21/11.Signed by District Judge Aleta A. Trauger on 10/31/11. (rd) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
12	NOTICE of Initial Case Management Conference set for Friday 2/3/2012 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (eh) (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
13	Transcript filed for date of 10/31/2011, before Judge Aleta A. Trauger. Court Reporter/Transcriber: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 11/15/2011. Redaction Request due 11/29/2011. Redacted Transcript Deadline set for 12/9/2011. Release of Transcript Restriction set for 2/6/2012. (tmw) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
14	NOTICE of Filing by Steven G. Cates, William L. Gibbons, William Edward Haslam, William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Malina Chavez Shannon (Attachments: # 1 Proposed Order Proposed Agreed Order Establishing Preliminary Injunction)(Briley, Clifton) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
15	NOTICE of Appearance by Dawn Marie Jordan on behalf of Steven G. Cates, William L. Gibbons, William Edward Haslam (Jordan, Dawn) (Entered: 11/17/2011)	Nov. 17, 2011	Nov. 17, 2011 PACER
16	ORDER: The parties having agreed to the entry of a Preliminary Injunction, it is hereby ORDERED that the hearing scheduled for November 21, 2011 at 10:30 a.m. is CANCELLED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 11/17/11. (tmw) (Entered: 11/17/2011)	Nov. 17, 2011	Nov. 17, 2011 PACER
17	AGREED ORDER ESTABLISHING PRELIMINARY INJUNCTION. Signed by District Judge Aleta A. Trauger on 11/17/11. (tmw) (Entered: 11/17/2011)	Nov. 17, 2011	Nov. 17, 2011 PACER
18	AMENDED COMPLAINT against All Defendants, filed by Darria Hudson, William W. Howell, Malina Chavez Shannon, Adam Kenneth Knight, Occupy Nashville, Lauren Marie Plummer, Paula Elaine Painter. (Attachments: # 1 Exhibit 1- March 4, 2008 Letter, # 2 Exhibit 2- Public Use of War Memorial Plaza Policy, # 3 Exhibit 3-Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy)(Briley, Clifton) (Entered: 01/05/2012)	Jan. 5, 2012	Jan. 5, 2012 Clearinghouse
19	Summons issued as to Steven G. Cates, William L. Gibbons, William Edward Haslam. (rd) (Entered: 01/20/2012)	Jan. 20, 2012	Jan. 20, 2012 PACER
20	SUMMONS returned executed by Katy Savage, Darria Hudson, William W. Howell, Malina Chavez Shannon, Adam Kenneth Knight, Occupy Nashville, Lauren Marie Plummer, Paula Elaine Painter. Steven G. Cates served on 1/20/2012; William L. Gibbons served on 1/20/2012; William Edward Haslam served on 1/20/2012. (Briley, Clifton) (Entered: 01/24/2012)	Jan. 24, 2012	Jan. 24, 2012 PACER
21	PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Briley, Clifton) (Entered: 01/30/2012)	Jan. 30, 2012	Jan. 30, 2012 PACER
	Case Management Conference	Feb. 3, 2012	Feb. 3, 2012 PACER
	Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 2/3/2012. (kb)	Feb. 3, 2012	Feb. 3, 2012 PACER
22	ORDER: The initial case management conference was held in this case on February 3, 2012. By agreement of the parties, discovery is STAYED, with the exception of initial disclosures that will be exchanged by February 17, 2012, pending later order of the court. It is further hereby ORDERED, also by agreement, that this case is REFERRED to Magistrate Judge Brown for a judicial settlement conference/mediation, to be held during the month of March, if his schedule so allows. If the mediation/judicial settlement conference is unsuccessful, the court will convene a case management conference in order to finalize case deadlines and set a trial date. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/6/12. (tmw) (Entered: 02/06/2012)	Feb. 6, 2012	Feb. 6, 2012 PACER
23	ORDER: A telephone conference with Magistrate Judge Brown to discuss dates for a settlement conference is set for Wednesday, February 15, 2012, at 11:00 a.m. To participate in the conference call, parties shall call 615-695-2851 at the scheduled time. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 2/7/12. (tmw) (Entered: 02/07/2012)	Feb. 7, 2012	Feb. 7, 2012 PACER
24	NOTICE of Appearance by Heather Cairns Ross on behalf of Steven G. Cates, William L. Gibbons, William Edward Haslam (Ross, Heather) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012 PACER
	Docket Annotation	Feb. 10, 2012	Feb. 10, 2012 PACER
	Bar status of Atty Heather Cairns Ross of TN verified as active this date. (tmw)	Feb. 10, 2012	Feb. 10, 2012 PACER
25	SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 3/19/2012, at 9:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. No later than March 14, 2012, Plaintiffs and Defendants shall email to the undersigned at brownchambers@tnmd.uscourts.gov, ex parte, separate settlement conference statements which shall specify their respective settlement positions. In the event offers and demands have not previously been made, the parties shall exchange offers and demands at least three working days prior to the March 19, 2012, conference. Signed by Magistrate Judge Joe Brown on 2/15/12. (tmw) (Entered: 02/15/2012)	Feb. 15, 2012	Feb. 15, 2012 PACER
	Telephone Conference	Feb. 15, 2012	Feb. 15, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 2/15/2012. (mk)	Feb. 15, 2012	Feb. 15, 2012 PACER
	Settlement Conference	March 19, 2012	March 19, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 3/19/2012. Parties did not reach an agreement but a follow-up telephone conference set for 2:00 p.m. Wed. March 21, 2012. (mk)	March 19, 2012	March 19, 2012 PACER
26	CIVIL NOTICE of Hearing: Continuation of Settlement Conference set for 3/28/2012, at 1:30 PM in Courtroom 783 before Magistrate Judge Joe Brown. THE DEFENDANTS SHALL APPEAR IN PERSON FOR THE CONFERENCE AND THE PLAINTIFFS WILL PARTICIPATE BY TELEPHONE. PLAINTIFFS COUNSEL SHALL DIAL 615-695-2851 TO PARTICIPATE IN THE CONFERENCE. (tmw) (Entered: 03/21/2012)	March 21, 2012	March 21, 2012 PACER
	Telephone Conference	March 28, 2012	March 28, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 3/28/2012. A further telephone conference re: settlement negotiations will be held. (mk)	March 28, 2012	March 28, 2012 PACER
27	ORDER: The Magistrate Judge continued settlement efforts with the parties on March 28, 2012. The Magistrate Judge will continue settlement discussions on Monday, April 9, 2012, at 2:00 p.m. To participate in the conference call, parties should call 615-695-2851 at the scheduled time. The attorneys for the State are requested to appear in person. The Magistrate Judge encourages the parties to continue discussions directly between themselves during the interim. If the parties believe that the appearance of all parties in Chambers would be of any assistance, they may certainly do so by letting the Magistrate Judge's Courtroom Deputy know. Otherwise, the Magistrate Judge will conduct the proceedings in the same way they were conducted on March 29th. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 3/29/12. (tmw) (Entered: 03/29/2012)	March 29, 2012	March 29, 2012 PACER
	Telephone Conference	April 9, 2012	April 9, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 4/9/2012. Continuation of settlement discussions. (mk)	April 9, 2012	April 9, 2012 PACER
28	ORDER: Settlement Conference held on 4/9/2012. Although the parties continued to bargain in good faith an agreement satisfactory to both sides could not be reached. The undersigned has advised the parties that he remains available to work with them should positions change. It is possible that the sides may reconsider their positions once they have undertaken some discovery and the issue of class certification has been clarified. Signed by Magistrate Judge Joe Brown on 4/10/12. (dt) (Entered: 04/10/2012)	April 10, 2012	April 10, 2012 RECAP
29	ORDER: The court thanks Magistrate Judge Brown for his efforts in trying to resolve this case. The reference to Magistrate Judge Brown is WITHDRAWN, and this case is set for an initial case management conference on May 4, 2012, at 11:00 a.m. It is further ORDERED that the defendants shall respond to the Amended Complaint filed on January 5, 2012 18 by April 30, 2012. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 4/11/12. (tmw) (Entered: 04/11/2012)	April 11, 2012	April 11, 2012 PACER
30	MOTION to Continue Case Management Conference by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Ross, Heather) (Entered: 04/16/2012)	April 16, 2012	April 16, 2012 PACER
31	ORDER granting 30 MOTION to Continue Case Management Conference. ICMC reset for 5/21/2012 at 1:30 PM. Signed by District Judge Aleta A. Trauger on 4/17/12. (tmw) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012 PACER
32	ANSWER to 18 Amended Complaint, by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
33	First MOTION for Leave to File Partial Dispositive Motion by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Exhibit Proposed Motion for Partial Summary Judgment)(Jordan, Dawn) (Entered: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
34	RESPONSE to Motion re 33 First MOTION for Leave to File Partial Dispositive Motion filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon. (Briley, Clifton) (Entered: 05/16/2012)	May 16, 2012	May 16, 2012 PACER
35	PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Briley, Clifton) (Entered: 05/18/2012)	May 18, 2012	May 18, 2012 PACER
36	ORDER denying 33 Motion for Leave to File Partial Dispositive Motion. Signed by District Judge Aleta A. Trauger on 5/21/12. (tmw) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
	Case Management Conference	May 21, 2012	May 21, 2012 PACER
	Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 5/21/2012. (kb)	May 21, 2012	May 21, 2012 PACER
37	INITIAL CASE MANAGEMENT ORDER: Discovery due by 2/21/2013. Dispositive Motions due by 3/22/2013. Signed by District Judge Aleta A. Trauger on 5/21/12. (tmw) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
38	ORDER SETTING CASE FOR TRIAL: Jury Trial set for 8/6/2013, at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 8/2/2013, at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Exhibit List due by 7/30/2013. Witness List due by 7/30/2013. Joint Proposed Pretrial Order due by 7/30/2013. Signed by District Judge Aleta A. Trauger on 5/21/12. (tmw) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
39	NOTICE by Steven G. Cates, William L. Gibbons, William Edward Haslam Deposition for William Howell (Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
40	NOTICE to Take Deposition of Darria Hudson by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
41	NOTICE to Take Deposition of Adam Knight by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
42	NOTICE to Take Deposition of Paula Painter by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
43	NOTICE to Take Deposition of Katy Savage by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
44	NOTICE to Take Deposition of Lauren Plummer by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/04/2012)	Sept. 4, 2012	Sept. 4, 2012 PACER
45	NOTICE to Take Deposition of William Hunt by Steven G. Cates, William L. Gibbons, William Edward Haslam.(Jordan, Dawn) (Entered: 09/11/2012)	Sept. 11, 2012	Sept. 11, 2012 PACER
46	First MOTION for Protective Order by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Exhibit Affidavit of Dawn Jordan)(Jordan, Dawn) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 PACER
47	MEMORANDUM in Support of 46 First MOTION for Protective Order filed by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Jordan, Dawn) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 PACER
48	Additional Attachments to Main Document re: 46 First MOTION for Protective Order. (Jordan, Dawn) (Entered: 01/04/2013)	Jan. 4, 2013	Jan. 4, 2013 PACER
49	ORDER: It is hereby ORDERED that the Motion For Protective Order 46 in relation to depositions noticed for January 24-25, 2013 48 is REFERRED to Magistrate Judge Brown for disposition under 28 U.S.C. § 636(b)(1) and Rule 72, FED.R.CIV.P. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/8/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
50	ORDER: If any party has an objection to this Magistrate Judge handling the motion they should notify the Clerk within seven (7) days of the entry of this order. If the Clerk receives an objection he shall notify the undersigned without identifying who objected and I will recuse myself in this the matter. Signed by Magistrate Judge Joe Brown on 1/9/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 01/09/2013)	Jan. 9, 2013	Jan. 9, 2013 PACER
51	RESPONSE in Opposition re 46 First MOTION for Protective Order filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon. (Attachments: # 1 Exhibit A-30(b)(6) Deposition Notice, # 2 Exhibit B-Email from Cates to Cate, # 3 Exhibit C-Watkins Deposition Excerpt, # 4 Exhibit D-Email from Parker to Cate, # 5 Exhibit E-Email from Black to Potter, # 6 Exhibit F-Email from Watkins to Slattery, # 7 Exhibit G-Email from Smith to Martinez, # 8 Exhibit H-Email from Watkins to Slattery, # 9 Exhibit I-Email from Homik to Cate, # 10 Exhibit J-Trott Deposition Excerpt, # 11 Exhibit K-Hutto Affidavit in Keppler v. Haslam, # 12 Exhibit L-Chaffin Deposition Excerpt, # 13 Exhibit M- Transcript of Press Conference with Gibbons, # 14 Exhibit N-Email from Stewart to Gibbons, et al., # 15 Exhibit O-Email from Gibbons to Trott, # 16 Exhibit P-Email from Haslam to Slattery, # 17 Exhibit Q-Email (2) from Haslam to Slattery, # 18 Exhibit R-Email from Martinez to Poe, # 19 Exhibit S-Transcript of Haslam Press Conference (1), # 20 Exhibit T-Transcript of Haslam Press Conference (2), # 21 Attachment Bd. of Education v. Memphis City Bd. of Ed., # 22 Attachment Hadix v. Caruso, # 23 Attachment Jackson v. City of Detroit, # 24 Attachment Turner v. City of Detroit)(Herzfeld, Tricia) (Entered: 01/22/2013)	Jan. 22, 2013	Jan. 22, 2013 PACER
52	MOTION for Leave to File Reply; Motion for Extension of Time to File Reply as to 51 Response in Opposition to Motion, by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Ross, Heather) Modified text on 1/24/2013 (tmw). (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013 PACER
53	RESPONSE to Motion re 52 MOTION for Leave to File Reply, filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon. (Briley, Clifton) Modified text on 1/24/2013 (tmw). (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013 PACER
54	ORDER granting 52 Motion for Leave to File Reply. However, the parties should spend more time on the merits of the case than calculating deadlines. This motion is set for a hearing on 2/7/2013 at 3:00 p.m. Courtroom 783, U.S. Courthouse unless the parties agree a hearing is not necessary and advise the Court prior to the hearing. Signed by Magistrate Judge Joe Brown on 1/25/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/25/2013)	Jan. 25, 2013	Jan. 25, 2013 RECAP
55	REPLY to Response to Motion re 46 First MOTION for Protective Order filed by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Exhibit Affidavit of Dawn Jordan, # 2 Exhibit Deposition of Colonel Trott, # 3 Exhibit Deposition of Sergeant Perry)(Jordan, Dawn) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013 PACER
56	First MOTION to Amend/Correct 32 Answer to Amended Complaint, 18 Amended Complaint, by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Attachment Amended Answer)(Jordan, Dawn) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013 PACER
57	MEMORANDUM in Support of 56 First MOTION to Amend/Correct 32 Answer to Amended Complaint, 18 Amended Complaint, filed by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Jordan, Dawn) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013 PACER
60	Minute Entry for proceedings held before Magistrate Judge Joe Brown: Motion Hearing held on 2/7/2013 re 46 First MOTION for Protective Order filed by William L. Gibbons, Steven G. Cates, William Edward Haslam. (Tape #7feb2013.) (mk) (Entered: 02/11/2013)	Feb. 7, 2013	Feb. 7, 2013 PACER
58	ORDER granting in part and denying in part 46 First Motion for Protective Order. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Brown, Joe) Modified on 2/11/2013 (af). Modified text on 2/19/2013 (tmw). (Entered: 02/08/2013)	Feb. 8, 2013	Feb. 8, 2013 PACER
	Docket Annotation	Feb. 11, 2013	Feb. 11, 2013 PACER
	DE 58 should read: ORDER granting in part and denying in party 46 First Motion for Protective Order. The Court did not rule on DE 56, Motion to Amend. DE 59, Amended Answer, deleted and Motion to Amend 56 reinstated. (af)	Feb. 11, 2013	Feb. 11, 2013 PACER
61	MOTION to Quash by Occupy Nashville. (Briley, Clifton) (Entered: 02/15/2013)	Feb. 15, 2013	Feb. 15, 2013 PACER
62	RESPONSE to Motion re 61 MOTION to Quash filed by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Attachment Interrogatory No. 12, # 2 Attachment Deposition Excerpts)(Ross, Heather) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013 PACER
63	ORDER granting as unopposed 56 Motion to Amend Answer. Signed by District Judge Aleta A. Trauger on 2/19/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013 PACER
64	AMENDED ANSWER to 18 Amended Complaint, by Steven G. Cates, William L. Gibbons, William Edward Haslam. (tmw) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013 PACER
65	ORDER: It is hereby ORDERED that plaintiff Malina Chavez's Motion to Quash Subpoenas 61 is REFERRED to Magistrate Judge Brown for disposition under 28 U.S.C. § 636(b)(1) and Rule 72, FED.R.CIV.P. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/20/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013 PACER
66	ORDER: The plaintiff Chavez's motion to quash subpoenas 61 has been referred to the undersigned for disposition 65 . The Magistrate Judge has considered the motion and the response 62 . The motion is GRANTED. Signed by Magistrate Judge Joe Brown on 2/21/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013 PACER
67	First MOTION for Leave to Exceed Page Limit by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Jordan, Dawn) (Entered: 03/15/2013)	March 15, 2013	March 15, 2013 PACER
68	ORDER granting 67 Motion for Leave to exceed page limitation on memorandum in support of motion for summary judgment. Limit of 40 pages. Signed by District Judge Aleta A. Trauger on 3/18/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 03/18/2013)	March 18, 2013	March 18, 2013 PACER
69	First MOTION for Summary Judgment by Steven G. Cates, William L. Gibbons, William Edward Haslam. (Attachments: # 1 Exhibit Affidavit of David Carpenter, # 2 Exhibit Affidavit of Steven Cates, # 3 Exhibit Affidavit of Dawn Jordan, # 4 Exhibit Affidavit of Preston Donaldson, # 5 Exhibit Affidavit of Bill Gibbons, # 6 Exhibit Affidavit of Robert Oglesby, # 7 Exhibit Affidavit of Thaddeus Watkins, # 8 Exhibit Deposition of David Carpenter, # 9 Exhibit Deposition of Lee Chaffin, # 10 Exhibit Deposition of Steven Cates, # 11 Exhibit Deposition of Preston Donaldson, # 12 Exhibit Deposition of Bill Gibbons, # 13 Exhibit Deposition of Bill Howell, # 14 Exhibit Deposition of Darria Hudson, # 15 Exhibit Deposition of Adam Knight, # 16 Exhibit Deposition of Paula Painter, # 17 Exhibit Deposition of Matthew Perry, # 18 Exhibit Deposition of Lauren Plummer, # 19 Exhibit Deposition of Katy Savage, # 20 Exhibit Deposition of Malina Shannon, # 21 Exhibit Deposition of Thaddeus Watkins, # 22 Exhibit Deposition of Tracey Trott, # 23 Exhibit Deposition of Tripp Hunt, # 24 Exhibit Interrogatory Responses Bill Howell, # 25 Exhibit Interrogatory Responses Darria Hudson, # 26 Exhibit Interrogatory Responses Adam Knight, # 27 Exhibit Interrogatory Responses Paula Painter, # 28 Exhibit Interrogatory Responses Lauren Plummer, # 29 Exhibit Interrogatory Responses Katy Savage, # 30 Exhibit Interrogatory Responses Malina Shannon, # 31 Attachment Unpublished Cases)(Jordan, Dawn) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
70	MEMORANDUM in Support of 69 First MOTION for Summary Judgment filed by Steven G. Cates, William L. Gibbons, William Edward Haslam . (Jordan, Dawn) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
71	STATEMENT of facts filed by Steven G. Cates, William L. Gibbons, William Edward Haslam in support of 69 Motion for Summary Judgment,,,,,,. (Jordan, Dawn) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
72	MOTION for Summary Judgment by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Answer to First Amended Complaint, # 3 Exhibit Excerpts of Deposition of Commissioner Bill Gibbons, # 4 Exhibit Excerpts of Deposition of Thad Watkins, # 5 Exhibit Correspondence from Thad Watkins, # 6 Exhibit E-mail from Commissioner Cates to Thad Watkins, # 7 Exhibit Excerpts of Deposition of Commissioner Steven G. Cates, # 8 Exhibit Link to Online Video of Arrests, # 9 Exhibit Online Video of Second Night of Arrests, # 10 Exhibit Online Video of Davidson Couny Judicial Commissioner, # 11 Exhibit Governor Haslam's Responses to Discovery, # 12 Exhibit The New Rules, # 13 Exhibit Excerpts of Deposition of Seargant Matt Perry)(Briley, Clifton) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
73	MEMORANDUM in Support of 72 MOTION for Summary Judgment filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon . (Briley, Clifton) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
74	STATEMENT of facts filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon in support of 72 Motion for Summary Judgment,,,. (Briley, Clifton) (Entered: 03/22/2013)	March 22, 2013	March 22, 2013 PACER
	Bar status verified as active for atty Dawn Jordan. (af)	March 25, 2013	March 25, 2013 PACER
	Docket Annotation	March 25, 2013	March 25, 2013 PACER
	Notice to Counsel Briley. The Certificates of Services at DEs 72, 73, 74 are not signed. Counsel shall refile the certificates with the signature. (af)	March 25, 2013	March 25, 2013 PACER
	Docket Annotation	April 8, 2013	April 8, 2013 PACER
	SECOND NOTICE to Counsel Briley. The Certificates of Services at DEs 72, 73, 74 are not signed. Counsel shall refile the certificates with the signature. *FAILURE TO COMPLY WILL BE BROUGHT TO THE COURT'S ATTENTION* (af)	April 8, 2013	April 8, 2013 PACER
75	NOTICE of Appearance by Thomas H. Castelli on behalf of All Plaintiffs (Castelli, Thomas) (Entered: 04/08/2013)	April 8, 2013	April 8, 2013 PACER
76	CERTIFICATE of Electronic Service as to D.E. #72, 73 and 74 filed by William W. Howell, Darria Hudson, Adam Kenneth Knight, Occupy Nashville, Paula Elaine Painter, Lauren Marie Plummer, Katy Savage, Malina Chavez Shannon re 74 Statement of facts, filed by Katy Savage, Darria Hudson, Lauren Marie Plummer, William W. Howell, Malina Chavez Shannon, Paula Elaine Painter, Occupy Nashville, Adam Kenneth Knight, 72 MOTION for Summary Judgment filed by Katy Savage, Darria Hudson, Lauren Marie Plummer, William W. Howell, Malina Chavez Shannon, Paula Elaine Painter, Adam Kenneth Knight, Occupy Nashville, 73 Memorandum in Support, filed by Katy Savage, Darria Hudson, Lauren Marie Plummer, William W. Howell, Malina Chavez Shannon, Paula Elaine Painter, Adam Kenneth Knight, Occupy Nashville. (Briley, Clifton) (Entered: 04/08/2013)	April 8, 2013	April 8, 2013 PACER

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Case Details

State / Territory: Tennessee

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 31, 2011

Closing Date: Oct. 30, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who were arrested on October 28 and 29, 2011, at Legislative Plaza in Nashville, Tennessee for participating in the Occupy Nashville protests.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Tennessee, State

Defendant Type(s):

Jurisdiction-wide