Filed Date: Aug. 28, 2015
Closed Date: Feb. 5, 2016
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This case is about voter registration requirements in the State of Tennessee.
On October 14, 1998, Plaintiff initially filed an action against the State of Tennessee, Hamilton County, and various individual government employees asserting that Tenn. Code Ann. § 2-2-116, which requires disclosure of a social security number on the voter registration form, violated the Privacy Act of 1974, Pub. L. No. 93-579, § 7, 88 Stat. 1896, 1909 (1974); the National Voter Registration Act, 42 U.S.C. § 1973gg-3(c)(2)(B); the Civil Rights Act of 1964, 42 U.S.C. § 1971 (a)(2)(B)1, as well as Plaintiff’s First Amendment right to vote and to free exercise of religion and procedural due process rights under the Fifth and Fourteenth Amendments, and the Privileges and Immunities Clause of Article IV. See McKay v. Thompson, et al. E.D. Tenn. 1:98-cv-354 [hereafter Mckay 1998]. The District Court in McKay 1998 found that Tennessee’s statutory requirement to provide a social security number as a prerequisite to vote did not violate these statutory and constitutional provisions and granted Defendants’ Motion for Summary Judgment. Pertinent to the instant action, the District Court also found that Plaintiff lacked standing with respect to his claim under 42 U.S.C. § 1971, as that federal statute only authorized the United States Attorney General to bring suit. Plaintiff appealed this decision to the United States Court of Appeals for the 6th Circuit (hereafter 6th Circuit Court of Appeals). See McKay v. Thompson, 226 F.3d 752 (hereafter McKay 1998 Appeal). The 6th Circuit Court of Appeals affirmed the District Court’s ruling.
Plaintiff filed the instant action in the United States District Court for the Eastern District of Tennessee on August 27, 2015 against the Coordinator of Elections for the State of Tennessee, the Secretary of State of the State of Tennessee, and the Administrator of Elections of Hamilton County Tennessee asserting essentially the same claims as McKay 1998 based on the Schweir opinion that a private citizen did have standing to bring a cause of action to enforce 42 U.S.C. § 1971. The case was assigned to Judge Harry S Mattice.
Defendants filed a Motion to Dismiss arguing that the District Court was not bound by decisions of the 11th Circuit Court of Appeals, but was bound by decisions of the 6th Circuit Court of Appeals. In the McKay 1998 Appeal, the 6th Circuit Court of Appeals held that Plaintiff had no private cause of action under the Civil Rights Act; therefore, Defendants argued that Plaintiff’s Complaint was barred under the doctrine of res judicata.
The District Court agreed and entered Judgment dismissing the case with prejudice on February 5, 2016.
Plaintiff appealed the decision dismissing the action to the 6th Circuit Court of Appeals (No. 16-5275). The 6th Circuit Court of Appeals affirmed the District Court’s order to dismiss in an unpublished Order dated September 9, 2016.
Plaintiff filed a Petition for Certiorari to the United States Supreme Court on November 29, 2016, which was denied February 21, 2017.
The case is now closed.
Summary Authors
Yvonne Fide (10/15/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14442905/parties/mckay-v-goins/
Mattice, Harry Sandlin (Tennessee)
McKay, Martin S. (Tennessee)
Counsel, Janet M. (Ohio)
Kleinfelter, Janet M (Tennessee)
See docket on RECAP: https://www.courtlistener.com/docket/14442905/mckay-v-goins/
Last updated Aug. 8, 2025, 7:10 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Aug. 28, 2015
Closing Date: Feb. 5, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Individual voter
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Coordinator of Elections for the State of Tennessee (Hamilton), State
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: