Case: De La Fuente v. Democratic Party of Tennessee

3:16-cv-00189 | U.S. District Court for the Middle District of Tennessee

Filed Date: Feb. 5, 2016

Closed Date: Dec. 20, 2016

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Case Summary

This case is about a Hispanic businessman who alleged he had been improperly excluded from the Presidential Primary Ballot for the Democratic Party in the state of Tennessee. In Tennessee, a presidential candidate can gain access to the Democratic Primary Ballot by being named by the Secretary of State as “nationally recognized candidate.” On November 23, 2015, the businessman had sent a letter to the Secretary of State of Tennessee, formally requesting to be placed on the Presidential Primary …

This case is about a Hispanic businessman who alleged he had been improperly excluded from the Presidential Primary Ballot for the Democratic Party in the state of Tennessee.

In Tennessee, a presidential candidate can gain access to the Democratic Primary Ballot by being named by the Secretary of State as “nationally recognized candidate.” On November 23, 2015, the businessman had sent a letter to the Secretary of State of Tennessee, formally requesting to be placed on the Presidential Primary Ballot for the Democratic Party. The Plaintiff included a list of news media sources that covered his electoral campaign to demonstrate that he was a candidate that was generally recognized in the national news media. On December 17, 2015, the Secretary of State for Tennessee issued a memorandum certifying the candidates for the Presidential Primary Ballot for the Democratic Party, which did not include the businessman. 

On February 5, 2016, the businessman, as plaintiff, filed this lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiff, representing himself, sued the Secretary of State of Tennessee and the Democratic Party of Tennessee under 42 U.S.C § 1983 and Title VI of the Civil Rights Act of 1964. The plaintiff sought declaratory relief that Tenn. Code Ann. § 2-5-205 was unconstitutionally vague and injunctive relief that the Secretary of State be directed to include the plaintiff’s name on the Presidential Primary Ballot as the Secretary of State’s refusal to certify the plaintiff’s name resulted in de facto discrimination based on national origin. The case was referred to Magistrate Judge Barbara D. Holmes for management of the case on March 4, 2016.

On March 8, 2016, the defendant Democratic Party filed a motion to dismiss as it alleged that the case had become moot as the Presidential Primary Ballot had taken place on March 1, 2016 and that the complaint did not contain any wrongdoing by the defendant

On March 14, 2016, the defendant Secretary of State filed a motion to dismiss as he also alleged that the case had become moot for the same reason given in the Democratic Party’s motion to dismiss and the plaintiff had failed to state a claim upon which relief can be granted. The defendant argued that the plaintiff had failed to demonstrate that Tenn. Code Ann. § 2-5-205 is sufficiently vague as to be struck down. The defendant also argued that the plaintiff’s allegations did not do more than merely create speculation of racial discrimination and so did not establish any entitlement to relief.

On April 1, 2016, the plaintiff filed an amended complaint which withdrew his request for injunctive relief, on the basis the Presidential Primary Ballot had passed, and included a request for nominal and compensatory damages as the plaintiff alleged he had spent millions of dollars on a nationwide presidential campaign and the Democratic Party and Secretary of State had harmed his nationwide campaign and deprived him of receiving delegates from Tennessee. 

The defendants both filed further motions to dismiss on April 15, 2016, which reiterated their prior arguments. In addition, the defendant Democratic Party alleged the plaintiff had failed to state a claim for monetary relief against them. The defendant Secretary of State further alleged in its motion to dismiss that the Eleventh Amendment barred claims for monetary damages against employees of the state named in their official capacity.

The plaintiff filed oppositions to both motions to dismiss on May 3, 2016. As well as furthering his prior arguments, the plaintiff alleged that the case was not moot as it has affected his wider presidential campaign and there is the possibility of repetition of the issue, should he decide to apply to be on the Presidential Primary Ballot in a future election. 

On October 24, 2016, Judge Barbara D. Holmes submitted her Report and Recommendation on the case. Judge Holmes concluded that the subject matter jurisdiction of the Court to hear the case had not been lost for mootness, accepting the plaintiff’s argument that there was a risk the issue could arise and be repeated in the future. Judge Holmes accepted the defendants’ motions to dismiss the Title VI claim for discrimination, as the plaintiff did not address the defendants’ arguments for dismissal and therefore this claim was considered abandoned. Judge Holmes also accepted each of the defendant’s motions to dismiss the Section 1983 claim. Judge Holmes dismissed the claim against the defendant Democratic Party as the claim may only be brought against those who have acted under the color of state law, as the defendant Democratic Party was not an agent of the state and the plaintiff had not alleged that the Democratic Party acted under color of state law. Judge Holmes dismissed the claim against the defendant Secretary of State, as she agreed with the defendant Secretary of State’s argument that the claim was legally barred under the Eleventh Amendment and so no nominal or compensatory damages could be awarded against the defendant Secretary of State. Judge Holmes also agreed that Tenn. Code. Ann. § 2-5-205(a)(1) was not unconstitutionally vague. Judge Holmes therefore recommended that the motions to dismiss submitted by the defendants be granted and the plaintiff’s complaint be dismissed with prejudice.

The plaintiff did not file any object to Judge Holmes’ Report and Recommendation and so U.S. District Judge Aleta A. Trauger ordered that the motions to dismiss be granted and the case be dismissed with prejudice on December 20, 2016. The case is now closed.

Summary Authors

George Fagan (10/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4383817/parties/de-la-fuente-v-democratic-party-of-tennessee/


Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorney for Plaintiff

Fuente, Roque De (Tennessee)

Attorney for Defendant

Gastel, Benjamin A. (Tennessee)

Kleinfelter, Janet M. (Tennessee)

Stranch, James Gerard (Tennessee)

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Documents in the Clearinghouse

Document
1

3:16-cv-00189

Plaintiff's Complaint for Declaratory and Injunctive Relief

De La Fuente v. Democratic Party of Ten

Feb. 5, 2016

Feb. 5, 2016

Complaint
3

3:16-cv-00189

Order

De La Fuente v. Democratic Party of Ten

March 4, 2016

March 4, 2016

Order/Opinion
8

3:16-cv-00189

Defendant Tennessee Democratic Parrty's Motion To Dismiss

De La Fuente v. Democratic Party of Ten

March 8, 2016

March 8, 2016

Pleading / Motion / Brief
9

3:16-cv-00189

Defendant Tennessee Democratic Party's Memorandum Of Law In Support Of Its Motion To Dismiss

De La Fuente v. Democratic Party of Ten

March 8, 2016

March 8, 2016

Pleading / Motion / Brief
11

3:16-cv-00189

Memorandum Of Law In Support Of Defendant Secretary Of State Hargett's Motion To Dismiss

De La Fuente v. Democratic Party of Ten

March 8, 2016

March 8, 2016

Pleading / Motion / Brief
10

3:16-cv-00189

Defendant Secretary Of State Hargett's Motion to Dismiss

De La Fuente v. Democratic Party of Ten

March 14, 2016

March 14, 2016

Pleading / Motion / Brief
13

3:16-cv-00189

Plaintiff's Response In Opposition to Defendant Tennessee Democratic Party's Motion to Dismiss

De La Fuente v. Democratic Party of Ten

March 23, 2016

March 23, 2016

Pleading / Motion / Brief
15

3:16-cv-00189

Plaintiff's Response In Opposition To Defendant Tre Hargett, Secretary Of State Of Tennesee's Motion To Dismiss

De La Fuente v. Democratic Party of Ten

April 1, 2016

April 1, 2016

Pleading / Motion / Brief
14

3:16-cv-00189

Amended Complaint For Nominal and Compensatory Damages

De La Fuente v. Democratic Party of Ten

April 1, 2016

April 1, 2016

Complaint
16

3:16-cv-00189

Order

De La Fuente v. Democratic Party of Ten

April 11, 2016

April 11, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383817/de-la-fuente-v-democratic-party-of-tennessee/

Last updated Jan. 30, 2025, 2:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Democratic Party of Tennessee, Tre Hargett (Filing fee $400, Receipt number 34675039772), filed by Roque De La Fuente. (Attachments: # 1 Exhibit A - Letter dated 11/23/15, # 2 Exhibit B - Memorandum dated 12/17/15, # 3 Attachment - Civil Cover Sheet, # 4 Attachment - Receipt)(dt) (Entered: 02/05/2016)

1 Exhibit A - Letter dated 11/23/15

View on PACER

2 Exhibit B - Memorandum dated 12/17/15

View on PACER

3 Attachment - Civil Cover Sheet

View on PACER

4 Attachment - Receipt

View on PACER

Feb. 5, 2016

Feb. 5, 2016

Clearinghouse
2

Summons issued as to Democratic Party of Tennessee and Tre Hargett. (Placed at front counter for pickup) (dt) Modified Text on 2/8/2016 (dt). (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
3

ORDER REFERRING CASE to Magistrate Judge Barbara D. Holmes for the management of the case, for decisions on all pre-trial, non-dispositive motions, to issue a Report and Recommendation on all dispositive motions, and to conduct further proceedings, if necessary, pursuant to Rule 72(b), Fed. R. Civ. P., and the Local Rules of Court. Signed by District Judge Aleta A. Trauger on 3/4/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

Clearinghouse
4

SUMMONS returned executed as to Tre Hargett served on 2/19/2016. (dt) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
5

SUMMONS returned executed as to Democratic Party of Tennessee served on 2/19/2016. (dt) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
6

CERTIFIED MAIL RECEIPT re 3 Order. (dt) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
7

NOTICE of Appearance by James Gerard Stranch, IV and Ben A. Gastel on behalf of Democratic Party of Tennessee (Stranch, James) Modified on 3/14/2016 (dt). (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
8

MOTION to Dismiss for Failure to State a Claim by Democratic Party of Tennessee. (Stranch, James) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

Clearinghouse
9

BRIEF filed by Democratic Party of Tennessee re 8 Motion to Dismiss for Failure to State a Claim. (Stranch, James) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

Clearinghouse
10

MOTION to Dismiss for Lack of Jurisdiction by Tre Hargett. (Kleinfelter, Janet) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

Clearinghouse
11

MEMORANDUM in Support of 10 MOTION to Dismiss for Lack of Jurisdiction filed by Tre Hargett . (Kleinfelter, Janet) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
12

GREEN CARD RETURNED Executed as to 3 Order. (dt) (Entered: 03/15/2016)

March 14, 2016

March 14, 2016

PACER
13

RESPONSE in Opposition to 8 MOTION to Dismiss for Failure to State a Claim filed by Roque De La Fuente. (Attachments: # 1 Attachment - Envelope)(dt) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

Clearinghouse
14

AMENDED COMPLAINT against Democratic Party of Tennessee and Tre Hargett, filed by Roque De La Fuente. (Attachments: # 1 Exhibit A - Letter dated 11/23/15, # 2 Exhibit B - Letter dated 12/17/15, # 3 Attachment - Envelope)(dt) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

Clearinghouse
15

RESPONSE in Opposition to 10 MOTION to Dismiss for Lack of Jurisdiction filed by Roque De La Fuente. (dt) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

Clearinghouse
16

ORDER: In light of the Amended Complaint, Defendants' pending motions to dismiss are DENIED as moot and without prejudice to Defendants' ability to file similar motions directed at the Amended Complaint. Signed by Magistrate Judge Barbara D. Holmes on 4/11/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

Clearinghouse
17

CERTIFIED MAIL RECEIPT re 16 Order. (dt) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
18

MOTION to Dismiss for Lack of Jurisdiction by Tre Hargett. (Kleinfelter, Janet) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

Clearinghouse
19

MEMORANDUM in Support of 18 MOTION to Dismiss for Lack of Jurisdiction filed by Tre Hargett . (Kleinfelter, Janet) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
20

MOTION to Dismiss for Failure to State a Claim by Democratic Party of Tennessee. (Stranch, James) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

Clearinghouse
21

RESPONSE in Support re 20 MOTION to Dismiss for Failure to State a Claim Memorandum in Support filed by Democratic Party of Tennessee. (Stranch, James) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

Clearinghouse
22

GREEN CARD RETURNED Executed as to 16 Order. (dt) (Entered: 04/20/2016)

April 19, 2016

April 19, 2016

PACER
23

RESPONSE in Opposition to 18 MOTION to Dismiss for Lack of Jurisdiction filed by Roque De La Fuente. (dt) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

Clearinghouse
24

RESPONSE in Opposition to 20 MOTION to Dismiss for Failure to State a Claim filed by Tre Hargett. (dt) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

Clearinghouse
25

REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that the motion to dismiss of Tre Hargett, Secretary of State of Tennessee 18 and the motion to dismiss of the Tennessee Democratic Party 20 be GRANTED and that this action be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Barbara D. Holmes on 10/24/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Oct. 24, 2016

Oct. 24, 2016

Clearinghouse
28

ORDER: The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion to Dismiss filed by defendant Hargett 18 and th e Motion to Dismiss filed by defendant Tennessee Democratic Party 20 are GRANTED, and this case is DISMISSED with prejudice. This Order constitutes the judgment in this case. Signed by District Judge Aleta A. Trauger on 12/20/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Dec. 20, 2016

Dec. 20, 2016

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: Feb. 5, 2016

Closing Date: Dec. 20, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Hispanic businessman who sought inclusion on the Presidential Primary Ballot for the Democratic Party in the state of Tennessee, with the ultimate aim of securing the Democratic Party's nomination for President of the United States in the 2016 Presidential Election.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Tennessee, State

Democratic Party of Tennessee, Political Party

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Findings Letter/Report

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Voting:

Election administration