Case: Mckay v. Goins

1:15-cv-00224 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Aug. 28, 2015

Closed Date: Feb. 5, 2016

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Case Summary

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…

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.

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Summary Authors

Yvonne Fide (10/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14442905/parties/mckay-v-goins/

Judge(s)

Mattice, Harry Sandlin (Tennessee)

Attorney for Plaintiff

McKay, Martin S. (Tennessee)

Attorney for Defendant

Counsel, Janet M. (Ohio)

Kleinfelter, Janet M (Tennessee)

Judge(s)

Mattice, Harry Sandlin (Tennessee)

Attorney for Plaintiff

McKay, Martin S. (Tennessee)

Attorney for Defendant

Counsel, Janet M. (Ohio)

Kleinfelter, Janet M (Tennessee)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:15-cv-00224	Complaint	Aug. 27, 2015	Aug. 27, 2015 Complaint
4 1:15-cv-00224	Memorandum of Law in Support of Defendants' Motion to Dismiss	Sept. 21, 2015	Sept. 21, 2015 Pleading / Motion / Brief
3 1:15-cv-00224	Defendants' Motion to Dismiss	Sept. 21, 2015	Sept. 21, 2015 Pleading / Motion / Brief
11 1:15-cv-00224	Plaintiff's Response to Defendant's Motion to Dismiss	Oct. 13, 2015	Oct. 13, 2015 Pleading / Motion / Brief
14 1:15-cv-00224	Reply in Support to Defendants' Motion to Dismiss	Oct. 16, 2015	Oct. 16, 2015 Pleading / Motion / Brief
15 1:15-cv-00224	Plaintiff's Motion For Ruling on Private Right Of Action	Oct. 19, 2015	Oct. 19, 2015 Pleading / Motion / Brief
16 1:15-cv-00224	Defendants' Response to Motion for Ruling on Private Right of Action	Oct. 23, 2015	Oct. 23, 2015 Pleading / Motion / Brief
17 1:15-cv-00224	Reply To Motion For Ruling On Private Right Of Action	Nov. 5, 2015	Nov. 5, 2015 Pleading / Motion / Brief
18 1:15-cv-00224	Order on Motion for Ruling on Private Right of Action AND Order on Motion to Dismiss for Failure to State a Claim	Feb. 5, 2016	Feb. 5, 2016 Order/Opinion
19 1:15-cv-00224	Judgment	Feb. 5, 2016	Feb. 5, 2016 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14442905/mckay-v-goins/

Last updated Jan. 23, 2026, 4:52 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 400.00, Receipt # C1012740), filed by Martin S. McKay. (Attachments: # 1 Civil Cover Sheet )(BJL, ) Modified on 8/28/2015 (BJL, ). (Entered: 08/28/2015) 1 Criminal Cover Sheet - View on RECAP	Aug. 27, 2015	Aug. 27, 2015 RECAP
1	COMPLAINT against All Defendants (Filing fee $ 400.00, Receipt # C1012740), filed by Martin S. McKay. (Attachments: # 1 Civil Cover Sheet )(BJL, ) Modified on 8/28/2015 (BJL, ). (Entered: 08/28/2015) 1 Criminal Cover Sheet - View on RECAP	Aug. 27, 2015	Aug. 27, 2015 RECAP
	Summons Issued as to All Defendants. (BJL, )	Aug. 27, 2015	Aug. 27, 2015
	Summons Issued	Aug. 28, 2015	Aug. 28, 2015
	Summons Issued	Aug. 28, 2015	Aug. 28, 2015
2	NOTICE of Appearance by Janet M Kleinfelter on behalf of Mark Goins, Tre Hargett, Kerry B. Steelman (Kleinfelter, Janet) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015
2	NOTICE of Appearance by Janet M Kleinfelter on behalf of Mark Goins, Tre Hargett, Kerry B. Steelman (Kleinfelter, Janet) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015
3	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 09/21/2015)	Sept. 21, 2015	Sept. 21, 2015 RECAP
3	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 09/21/2015)	Sept. 21, 2015	Sept. 21, 2015 RECAP
4	MEMORANDUM in Support of Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 09/21/2015)	Sept. 21, 2015	Sept. 21, 2015 RECAP
4	MEMORANDUM in Support of Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 09/21/2015)	Sept. 21, 2015	Sept. 21, 2015 RECAP
5	ORDER Signed by District Judge Harry S Mattice, Jr on 9/22/2015. (AWT, ) Modified on 9/23/2015 (BJL, ).*Mailed to Martin S. McKay. (Entered: 09/22/2015)	Sept. 22, 2015	Sept. 22, 2015 RECAP
5	ORDER Signed by District Judge Harry S Mattice, Jr on 9/22/2015. (AWT, ) Modified on 9/23/2015 (BJL, ).*Mailed to Martin S. McKay. (Entered: 09/22/2015)	Sept. 22, 2015	Sept. 22, 2015 RECAP
6	ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Harry S Mattice, Jr on 9/22/2015. (Attachments: # 1 Other consent / nonconsent form) (AWT, ) Modified on 9/23/2015 (BJL,).*Mailed to Martin S. McKay. Modified on 9/29/2015 (BJL, ). Also, hand-delivered at Clerk's Office Intake. (Entered: 09/22/2015)	Sept. 22, 2015	Sept. 22, 2015
6	ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Harry S Mattice, Jr on 9/22/2015. (Attachments: # 1 Other consent / nonconsent form) (AWT, ) Modified on 9/23/2015 (BJL,).*Mailed to Martin S. McKay. Modified on 9/29/2015 (BJL, ). Also, hand-delivered at Clerk's Office Intake. (Entered: 09/22/2015)	Sept. 22, 2015	Sept. 22, 2015
7	SUMMONS Returned Executed by Martin S. McKay. Kerry B. Steelman served on 9/1/2015 with attached Affidavit Of Service. (BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
7	SUMMONS Returned Executed by Martin S. McKay. Kerry B. Steelman served on 9/1/2015 with attached Affidavit Of Service. (BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
8	NOTICE Of Summons Returned Executed. Mr. Herberty H. Slatery, III Attorney General and Reporter served on 9/1/2015-Not as a defendant, service of process in role as Attorney General for Tennessee by Martin S. McKay (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
8	NOTICE Of Summons Returned Executed. Mr. Herberty H. Slatery, III Attorney General and Reporter served on 9/1/2015-Not as a defendant, service of process in role as Attorney General for Tennessee by Martin S. McKay (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
9	SUMMONS Returned Executed by Martin S. McKay. Mark Goins served on 9/1/2015. (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
9	SUMMONS Returned Executed by Martin S. McKay. Mark Goins served on 9/1/2015. (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
10	SUMMONS Returned Executed by Martin S. McKay. Tre Hargett served on 9/1/2015. (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
10	SUMMONS Returned Executed by Martin S. McKay. Tre Hargett served on 9/1/2015. (Attachments: # 1 Affidavit )(BJL, ) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015
11	RESPONSE with attachments to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Martin S. McKay. (BJL, ) (Entered: 10/14/2015)	Oct. 13, 2015	Oct. 13, 2015 RECAP
11	RESPONSE with attachments to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Martin S. McKay. (BJL, ) (Entered: 10/14/2015)	Oct. 13, 2015	Oct. 13, 2015 RECAP
12	REPORT of Rule 26(f) Planning Meeting. (BJL, ) (Entered: 10/14/2015)	Oct. 13, 2015	Oct. 13, 2015
12	REPORT of Rule 26(f) Planning Meeting. (BJL, ) (Entered: 10/14/2015)	Oct. 13, 2015	Oct. 13, 2015
13	NOTICE OF NONCONSENT by Martin S. McKay (Attachments: # 1 Other Notice regarding Non Consent)(BJL, ) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015
13	NOTICE OF NONCONSENT by Martin S. McKay (Attachments: # 1 Other Notice regarding Non Consent)(BJL, ) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015
14	REPLY to Response to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015 RECAP
14	REPLY to Response to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015 RECAP
15	Plaintiff's MOTION For Ruling On Private Right Of Action by Martin S. McKay. (BJL, ) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 RECAP
15	Plaintiff's MOTION For Ruling On Private Right Of Action by Martin S. McKay. (BJL, ) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 RECAP
16	RESPONSE to Motion re 15 MOTION Plaintiff's Motion For Ruling On Private Right Of Action filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 10/23/2015)	Oct. 23, 2015	Oct. 23, 2015 RECAP
16	RESPONSE to Motion re 15 MOTION Plaintiff's Motion For Ruling On Private Right Of Action filed by Mark Goins, Tre Hargett, Kerry B. Steelman. (Kleinfelter, Janet) (Entered: 10/23/2015)	Oct. 23, 2015	Oct. 23, 2015 RECAP
17	REPLY to Response to Motion re 15 MOTION Plaintiff's Motion For Ruling On Private Right Of Action filed by Martin S. McKay. (BJL, ) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 RECAP
17	REPLY to Response to Motion re 15 MOTION Plaintiff's Motion For Ruling On Private Right Of Action filed by Martin S. McKay. (BJL, ) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 RECAP
18	ORDER granting Defendant's 3 Motion to Dismiss for Failure to State a Claim; denying as moot Plaintiff's 15 Motion for Ruling on Private Right Action. Plaintiff's claims are hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 2/5/2016. (BJL, )*Mailed to Martin McKay. (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 RECAP
18	ORDER granting Defendant's 3 Motion to Dismiss for Failure to State a Claim; denying as moot Plaintiff's 15 Motion for Ruling on Private Right Action. Plaintiff's claims are hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 2/5/2016. (BJL, )*Mailed to Martin McKay. (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 RECAP
19	JUDGMENT with accompanying 18 Order. It is ORDERED AND ADJUDGED that this action be, and hereby is DISMISSED WITH PREJUDICE.Signed by Debra C. Poplin, CLERK OF COURT on 2/5/2016. (BJL, )*Mailed to Martin McKay. (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 RECAP
19	JUDGMENT with accompanying 18 Order. It is ORDERED AND ADJUDGED that this action be, and hereby is DISMISSED WITH PREJUDICE.Signed by Debra C. Poplin, CLERK OF COURT on 2/5/2016. (BJL, )*Mailed to Martin McKay. (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 RECAP
20	NOTICE OF APPEAL as to 18 Order 19 Judgment, by Martin S. McKay. Filing fee $ 505. (BJL, ) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 RECAP
20	NOTICE OF APPEAL as to 18 Order 19 Judgment, by Martin S. McKay. Filing fee $ 505. (BJL, ) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 RECAP
	USCA Appeal Fees	March 2, 2016	March 2, 2016
	USCA Appeal Fees received $ 505 receipt number C1013313 re 20 Notice of Appeal filed by Martin S. McKay (BJL, )	March 2, 2016	March 2, 2016
	USCA Case Number 16-5275 for 20 Notice of Appeal filed by Martin S. McKay. (BJL, )	March 9, 2016	March 9, 2016
	USCA Case Number	March 10, 2016	March 10, 2016
	USCA Case Number	March 10, 2016	March 10, 2016
21	Cover Letter with ORDER of USCA as to 20 Notice of Appeal filed by Martin S. McKay We AFFIRM the district court's order and DENY as moot the motion to expedite.(BJL, ) (Entered: 09/09/2016)	Sept. 7, 2016	Sept. 7, 2016 RECAP
21	Cover Letter with ORDER of USCA as to 20 Notice of Appeal filed by Martin S. McKay We AFFIRM the district court's order and DENY as moot the motion to expedite.(BJL, ) (Entered: 09/09/2016)	Sept. 7, 2016	Sept. 7, 2016 RECAP
22	Cover Letter and MANDATE of USCA as to 20 Notice of Appeal filed by Martin S. McKay. (BJL, ) (Entered: 10/04/2016)	Oct. 3, 2016	Oct. 3, 2016 RECAP
22	Cover Letter and MANDATE of USCA as to 20 Notice of Appeal filed by Martin S. McKay. (BJL, ) (Entered: 10/04/2016)	Oct. 3, 2016	Oct. 3, 2016 RECAP
23	LETTER - Petition for Writ of Certiorari Filed - Supreme Court, case number 16-681, by Martin S. McKay (BJL, ) (Entered: 11/29/2016)	Nov. 23, 2016	Nov. 23, 2016 RECAP
23	LETTER - Petition for Writ of Certiorari Filed - Supreme Court, case number 16-681, by Martin S. McKay (BJL, ) (Entered: 11/29/2016)	Nov. 23, 2016	Nov. 23, 2016 RECAP
24	WRIT OF CERTIORARI Denied by US Supreme Court, case number 16-681. (BJL, ) (Entered: 02/24/2017)	Feb. 22, 2017	Feb. 22, 2017 RECAP