Case: Welty v. Dunaway

3:24-cv-00768 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 24, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, two private plaintiffs challenged a state law that prohibited the "recruitment" of a minor to obtain an abortion. Plaintiffs argued that the law criminalized speech, discriminated against content- and viewpoint-based speech, and was unconstitutionally overbroad under the First and Fourteenth Amendments. The plaintiffs, an attorney and abortion access advocate and a state representative, sued the district attorneys general of several Middle Tennessee judicial districts. On June 24,…

In this case, two private plaintiffs challenged a state law that prohibited the "recruitment" of a minor to obtain an abortion. Plaintiffs argued that the law criminalized speech, discriminated against content- and viewpoint-based speech, and was unconstitutionally overbroad under the First and Fourteenth Amendments.

The plaintiffs, an attorney and abortion access advocate and a state representative, sued the district attorneys general of several Middle Tennessee judicial districts. On June 24, 2024, the plaintiffs filed a complaint in the U.S. District Court for the Middle District of Tennessee challenging Section 1 of Public Chapter No. 1032, a state law that made it illegal for an adult to “intentionally recruit[], harbor[], or transport[]” a minor who was pregnant within the state to get an abortion without the consent of the minor’s parents. Plaintiffs requested that the court declare the law unconstitutional and permanently enjoin the defendants from enforcing it. The case was assigned to District Judge Aleta A. Trauger.

On June 26, 2024, the plaintiffs filed a motion for a temporary restraining order (TRO) and preliminary injunction arguing that the loss of First Amendment freedoms was an irreparable injury. On June 28, 2024, the court denied the TRO, reasoning that the plaintiffs filed so close to the effective date of the bill as to demonstrate lack of diligence and prejudice the state by requiring response to complex issues on a short timeframe. The court set an August 21, 2024, hearing for the preliminary injunction request. In the meantime, on July 16, 2024, the defendants filed a motion to dismiss arguing that the plaintiffs failed to state a claim upon which relief could be granted under either the First Amendment or Fourteenth Amendment, that the plaintiffs lacked standing, and that they (the defendants) were entitled to’ sovereign immunity.

On September 20, 2024, the court granted the plaintiffs’ motion for a preliminary injunction because it found the effectiveness of the plaintiffs’ advocacy actions would otherwise be hampered and there potentially would be a chilling effect on speech around abortion. The court also granted the defendants’ motion to dismiss regarding the claims against defendants Dunaway, Carter, Cooper, and Schwendimann. These claims were dismissed because plaintiff Welty is only occasionally active in their judicial districts. All other claims remained pending.

On October 2, 2024, Judge Trauger recused herself and the case was reassigned to Chief Judge William L. Campbell, Jr. On October 9, 2024, Chief Judge Campbell also recused himself and issued an order that the Sixth Circuit Court of Appeals reassign the case to a judge outside of the Middle District of Tennessee.

On October 18, 2024, the defendants filed a notice of appeal (USCA Case Number 24-5968). On October 21, 2024, the defendants filed a motion to stay proceedings while the appeal was pending. On November 6, 2024, the case was assigned to Circuit Judge Julia Smith Gibbons. On November 12, 2024, the plaintiffs filed a motion for summary judgment. On January 7, 2024, the defendants’ motion to stay the case pending appeal was denied. 

As of January 9, 2024, this case is ongoing.

Summary Authors

Cara Claflin (1/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68880520/parties/welty-v-dunaway/


Attorney for Plaintiff

Dix, Melissa Kathleen (Tennessee)

Horwitz, Daniel A. (Tennessee)

Attorney for Defendant

Cloutier, Matthew Daniel (Tennessee)

Green, Donna L. (Tennessee)

Griffin, Steven James (Tennessee)

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Documents in the Clearinghouse

Document
1

3:24-cv-00768

Verified Complaint

June 24, 2024

June 24, 2024

Complaint
24

3:24-cv-00768

Memorandum & Order

June 28, 2024

June 28, 2024

Order/Opinion

2024 WL 3245612

40

3:24-cv-00768

Memorandum

Sept. 20, 2024

Sept. 20, 2024

Order/Opinion

2024 WL 4712759

41

3:24-cv-00768

Order

Sept. 20, 2024

Sept. 20, 2024

Order/Opinion
66

3:24-cv-00768

Order

Jan. 7, 2025

Jan. 7, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68880520/welty-v-dunaway/

Last updated Sept. 26, 2025, 11:36 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley (Filing fee $405, Receipt number ATNMDC-4106025), filed by Rachel Welty, Aftyn Behn. (Attachments: # 1 Exhibit Public Chapter No. 1032, # 2 Exhibit Welty Literature, # 3 Exhibit NPR Article Re: Welty Judicial Bypass Work, # 4 Exhibit Welty Letter to MDTN District Attorneys, # 5 Exhibit Behn Tweets, # 6 Exhibit Legislative Hearing Transcript, # 7 Exhibit Declaration of Rachel Welty, # 8 Exhibit Declaration of Aftyn Behn, # 9 Attachment Civil Cover Sheet)(am) (Entered: 06/24/2024)

1 Exhibit Public Chapter No. 1032

View on PACER

2 Exhibit Welty Literature

View on PACER

3 Exhibit NPR Article Re: Welty Judicial Bypass Work

View on PACER

4 Exhibit Welty Letter to MDTN District Attorneys

View on PACER

5 Exhibit Behn Tweets

View on PACER

6 Exhibit Legislative Hearing Transcript

View on PACER

7 Exhibit Declaration of Rachel Welty

View on PACER

8 Exhibit Declaration of Aftyn Behn

View on PACER

9 Attachment Civil Cover Sheet

View on PACER

June 24, 2024

June 24, 2024

Clearinghouse
10

NOTICE of Summons to be Issued as to Glenn Funk. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
11

NOTICE of Summons to be Issued as to Jennings H. Jones. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
12

NOTICE of Summons to be Issued as to Jason Lawson. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
13

NOTICE of Summons to be Issued as to Robert J. Nash. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
14

NOTICE of Summons to be Issued as to Hans Schwendimann. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
15

NOTICE of Summons to be Issued as to Ray Whitley. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
3

NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (am) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
4

NOTICE of Initial Case Management Conference set for 1/6/2025 at 04:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (am) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
5

NOTICE of Summons to be Issued as to Robert J. Carter. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
6

NOTICE of Summons to be Issued as to Brent Cooper. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
7

NOTICE of Summons to be Issued as to Ray Crouch. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
8

NOTICE of Summons to be Issued as to Bryant C. Dunaway. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
9

NOTICE of Summons to be Issued as to Stacey Edmonson. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (Dix, Melissa) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER

Annotation - Bar Status

June 24, 2024

June 24, 2024

PACER

TN State Bar status verified as active for Daniel A. Horwitz, Melissa Kathleen Dix, Sarah L. Martin admitted to this court. (am)

June 24, 2024

June 24, 2024

PACER
16

Summons issued as to Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (am) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
17

SUMMONS returned executed by Rachel Welty, Aftyn Behn. All Defendants. (Horwitz, Daniel) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

RECAP
18

MOTION for Temporary Restraining Order and Preliminary Injunction by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

RECAP
19

MEMORANDUM in Support of 18 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Aftyn Behn, Rachel Welty . (Attachments: # 1 Exhibit Ex. 1 (Document # 126-2, WD Wisconsin Case 316-cr-00005-wmc), # 2 Exhibit Ex. 2 (Proposed Order Granting TRO))(Horwitz, Daniel) (Entered: 06/26/2024)

1 Exhibit Ex. 1 (Document # 126-2, WD Wisconsin Case 316-cr-00005-wmc)

View on RECAP

2 Exhibit Ex. 2 (Proposed Order Granting TRO)

View on RECAP

June 26, 2024

June 26, 2024

RECAP
20

NOTICE of Appearance by Steven James Griffin on behalf of All Defendants (Griffin, Steven) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER

Annotation - Bar Status

June 27, 2024

June 27, 2024

PACER

MS State Bar status verified as active for Steven James Griffin admitted to this court. (am)

June 27, 2024

June 27, 2024

PACER
21

NOTICE of Appearance by Matthew Daniel Cloutier on behalf of All Defendants (Cloutier, Matthew) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
22

RESPONSE in Opposition re 18 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
23

REPLY to Response to re 18 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

RECAP
24

MEMORANDUM AND ORDER: The plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is DENIED with regard to the request for a TRO. A hearing is SET for August 21, 2024 at 1:00 p.m. in connection with the request for a preliminary injunction. (Doc. No. 18) The plaintiffs are hereby ORDERED to file a further Reply by August 1, 2024. Signed by District Judge Aleta A. Trauger on 6/28/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

Clearinghouse

Annotation - Bar Status

July 1, 2024

July 1, 2024

PACER

TN State Bar status verified as active for Matthew Daniel Cloutier admitted to this court. (am)

July 1, 2024

July 1, 2024

PACER
25

MOTION to Dismiss by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

RECAP
26

MEMORANDUM in Support of 25 MOTION to Dismiss filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley . (Griffin, Steven) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

RECAP
27

NOTICE of Appearance by Donna L. Green on behalf of Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley (Green, Donna) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER

Annotation - Bar Status

July 18, 2024

July 18, 2024

PACER

TN State Bar status verified as active for Donna L. Green admitted to this court. (am)

July 18, 2024

July 18, 2024

PACER
28

NOTICE by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley re 22 Response in Opposition to Motion, 25 MOTION to Dismiss Filing of Supplemental Authority (Attachments: # 1 Exhibit A - Sixth Circuit Opinion in Friends of George's Inc. v. Mulroy)(Griffin, Steven) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
29

RESPONSE in Opposition re 25 MOTION to Dismiss filed by Aftyn Behn, Rachel Welty. (Attachments: # 1 Exhibit HB1895 Fiscal Note)(Horwitz, Daniel) (Entered: 07/25/2024)

July 25, 2024

July 25, 2024

PACER
30

REPLY to Response to re 18 MOTION for Temporary Restraining Order and Preliminary Injunction (Supplemental) filed by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 07/25/2024)

July 25, 2024

July 25, 2024

PACER
31

First MOTION to Continue by Aftyn Behn, Rachel Welty. (Dix, Melissa) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER
32

ORDER: Motion 31 GRANTED. The preliminary injunction hearing is RESET for 8/30/2024 at 1:00 p.m. Signed by District Judge Aleta A. Trauger on 08/01/24. (ad) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER
33

REPLY to Response to re 25 MOTION to Dismiss filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER
34

WITNESS/EXHIBIT LIST prepared by Katheryn Beasley, Courtroom Deputy. re: Motion Hearing - Held 8/30/2024.(ch) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

RECAP

Motion Hearing

Aug. 30, 2024

Aug. 30, 2024

PACER

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Motion Hearing held on 8/30/2024 re 18 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Aftyn Behn, Rachel Welty. (Court Reporter Shana Crawford.) (Hearing lasted 2:40)(kb)

Aug. 30, 2024

Aug. 30, 2024

PACER
35

Transcript filed for date of August 30, 2024 before Judge Aleta A. Trauger. Court Reporter/Transcriber: OTHER. 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 CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 9/23/2024. Redaction Request due 10/7/2024. Redacted Transcript Deadline set for 10/17/2024. Release of Transcript Restriction set for 12/16/2024. (Shana Crawford, Licensed Court Reporter.)(mg) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER
36

NOTICE of Change of Address by Sarah L. Martin (Martin, Sarah) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER
37

Unopposed MOTION for Leave to Leave to File Supplemental Response in Opposition to Plaintiff's Motion for Preliminary Injunction by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Attachments: # 1 Attachment Supplemental Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Attachment Ex. A to Supplemental Response - Transcript of Witness Testimony)(Griffin, Steven) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
38

ORDER granting 37 Motion for Leave to File Supplemental Response. Signed by District Judge Aleta A. Trauger on 9/20/2024. (ds) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
39

SUPPLEMENTAL RESPONSE IN OPPOSITION to Motion for Preliminary Injunction filed by defendants. (Attachments: # 1 Exhibit A - Witness Transcript). (ds) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
40

MEMORANDUM signed by District Judge Aleta A. Trauger on 9/20/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

Clearinghouse
41

ORDER: For the reasons explained in the accompanying Memorandum, the plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 18) is hereby GRANTED, subject to the terms of this Order. The defendants' Motion to Dismiss (Doc. No. 25) is GRANTED with regard to Welty's claims against defendants Dunaway, Carter, Cooper, and Schwendimann, and those claims are DISMISSED, but the motion is otherwise DENIED. Welty's other claims and Behn's claims against all defendants remain pending. The initial case management conference is RESET for November 18, 2024 at 3:00 p.m. Signed by District Judge Aleta A. Trauger on 9/20/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

Clearinghouse

Set/Reset Hearings

Sept. 20, 2024

Sept. 20, 2024

PACER

Set Hearing: Initial Case Management Conference set for 11/18/2024 at 3:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (ds)

Sept. 20, 2024

Sept. 20, 2024

PACER
42

MOTION for Extension of Time to File Answer in re 1 Complaint by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) Modified on 10/2/2024 (sb). (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
43

RESPONSE in Opposition re 42 MOTION for Extension of Time to File Answer filed by Aftyn Behn, Rachel Welty. (Attachments: # 1 Exhibit Email from Defendants' Counsel)(Horwitz, Daniel) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
44

ORDER: Motion 42 Extension of Time to File Answer GRANTED for extension to 11/4/2024. Signed by District Judge Aleta A. Trauger on 10/2/2024. (sb) (Entered: 10/02/2024)

Oct. 2, 2024

Oct. 2, 2024

PACER
45

ORDER OF RECUSAL: I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another judge. Signed by District Judge Aleta A. Trauger on 10/2/2024. (Case randomly reassigned to Chief Judge William L. Campbell, Jr by the Clerk's Office for all further proceedings). (sb) (Entered: 10/02/2024)

Oct. 2, 2024

Oct. 2, 2024

RECAP
46

ORDER OF RECUSAL: I hereby recuse myself in this case. As all District Judges of the Middle District of Tennessee have recused in this matter, a District Judge from outside the District will be designated by the Sixth Circuit Court of Appeals. When the designation is made, the case will be reassigned. Signed by Chief Judge William L. Campbell, Jr on 10/8/2024. (Case assigned to Unassigned by the Clerk's Office until further designation.)(sb) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

RECAP
47

NOTICE OF APPEAL as to 40 Memorandum Opinion of the Court, 41 Order on Motion to Dismiss,,, by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. Filing fee $ 605, receipt number ATNMDC-4185525. (Griffin, Steven) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
48

MOTION to Stay Proceedings by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

RECAP
49

USCA Case Number 24-5968 for 47 Notice of Appeal. Ryan E. Orme (sb) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
50

RESPONSE in Opposition re 48 MOTION to Stay Proceedings filed by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 11/04/2024)

Nov. 4, 2024

Nov. 4, 2024

PACER
51

ANSWER to 1 Complaint,, by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley.(Griffin, Steven) (Entered: 11/04/2024)

Nov. 4, 2024

Nov. 4, 2024

PACER
52

NOTICE OF JUDGE ASSIGNMENT: All District Judges of the Middle District of Tennessee have recused in this matter. Chief Judge Jeffery S. Sutton of the Sixth Circuit Court of Appeals has designated United States Circuit Judge Julia Smith Gibbons to preside over the case. Accordingly, the case is hereby reassigned to Judge Gibbons. Signed by Chief Deputy Clerk Vicki Kinkade on 11/6/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

RECAP
53

Unopposed MOTION for Leave to File Excess Pages by Aftyn Behn, Rachel Welty. (Attachments: # 1 Exhibit Meet-and-Confer Correspondence)(Horwitz, Daniel) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

PACER
54

MOTION for Summary Judgment by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

RECAP
55

STATEMENT of facts Undisputed Material Facts Supporting Plaintiffs' Motion for Summary Judgment filed by Aftyn Behn, Rachel Welty in support of 54 Motion for Summary Judgment. (Attachments: # 1 Exhibit Funk Declaration, MDTN Case 3:20-cv-00740, # 2 Exhibit Moore Declaration, Davidson Cnty. Chancery Case No. 20-0312-III, # 3 Exhibit Griffin Email (Sep. 6, 2024))(Horwitz, Daniel) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

PACER
56

MEMORANDUM in Support of 54 MOTION for Summary Judgment filed by Aftyn Behn, Rachel Welty . (Horwitz, Daniel) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

PACER
57

ORDER granting 53 Motion for Leave to File Excess Pages. Signed by Senior Circuit Judge Julia Smith Gibbons on 11/12/2024. (vk) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

PACER
58

REPLY to Response to re 48 MOTION to Stay Proceedings filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

PACER

Order on Motion for Leave to File Excess Pages

Nov. 12, 2024

Nov. 12, 2024

PACER
59

NOTICE of Hearing: The initial case management conference scheduled for November 18, 2024, at 3:00 p.m., will proceed as scheduled before Judge Julia Smith Gibbons, and will be held via Zoom. The link will be sent to all parties prior to the scheduled conference. (kc) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

PACER
60

MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment, Unopposed MOTION for Leave to to File Excess Pages by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

PACER
61

Amended MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment, Unopposed MOTION for Leave to to File Excess Pages by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 11/14/2024)

Nov. 14, 2024

Nov. 14, 2024

PACER
62

PROPOSED CASE MANAGEMENT ORDER filed by Ray Crouch, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Ray Whitley. (Griffin, Steven) (Entered: 11/15/2024)

Nov. 15, 2024

Nov. 15, 2024

PACER
63

RESPONSE in Opposition re 61 Amended MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment Unopposed MOTION for Leave to to File Excess Pages, 60 MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment Unopposed MOTION for Leave to to File Excess Pages (Partial Opposition) filed by Aftyn Behn, Rachel Welty. (Attachments: # 1 Exhibit Brief of Amici Curiae in Lackey v. Stinnie, Case No. 23-621)(Horwitz, Daniel) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER

Minute Entry for proceedings held before Senior Circuit Judge Julia Smith Gibbons: Case Management Conference held on 11/18/2024. Plaintiff's counsel shall file a response to the Defendant's Motion for Extension. Judge Gibbons will prepare a document setting forth her expectations for the progression of the case. (Court Reporter Roxann Harkins.) (Hearing lasted :12)(kp)

Nov. 18, 2024

Nov. 18, 2024

PACER

Case Management Conference

Nov. 18, 2024

Nov. 18, 2024

PACER
64

REPLY to Response to re 61 Amended MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment Unopposed MOTION for Leave to to File Excess Pages filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 11/19/2024)

Nov. 19, 2024

Nov. 19, 2024

PACER
65

ORDER granting Defendants' Amended Motion for Extension of Time to Respond to Plaintiffs' Summary Judgment Motion and to File Excess Pages (Docket No. 61 ). The deadline for Defendants to respond is extended to January 16, 2025, and the response brief shall not exceed 50 pages. Signed by Senior Circuit Judge Julia Smith Gibbons on 11/27/2024. (vk) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

PACER

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Leave AND Order on Motion for Leave

Nov. 27, 2024

Nov. 27, 2024

PACER
66

ORDER denying Defendants' Motion to Stay Proceedings (Doc. No. 48 ). Defendants have not shown that any hardship or inequity will result if the stay is denied. And given the pending motion for summary judgment, a stay would only serve to delay the case and would not serve judicial economy. The Sixth Circuit's resolution of the pending appeal is also unlikely to narrow or clarify the issues here because the appeal is of a preliminary ruling. Signed by Senior Circuit Judge Julia Smith Gibbons on 1/7/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

RECAP
67

MOTION for Summary Judgment by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
68

STATEMENT of facts filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley in support of 67 Motion for Summary Judgment. (Griffin, Steven) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
69

MEMORANDUM in Support of 67 MOTION for Summary Judgment, 54 MOTION for Summary Judgment filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley Consolidated Memorandum of Law in support of Defendants' Motion for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment. (Griffin, Steven) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
70

RESPONSE filed by Ray Crouch, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Ray Whitley re 55 Statement of facts, filed by Aftyn Behn, Rachel Welty . (Griffin, Steven) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
71

RESPONSE in Opposition re 67 MOTION for Summary Judgment filed by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
72

STATEMENT of facts PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL FACTS filed by Aftyn Behn, Rachel Welty in support of 70 Response (Non-Motion or 2255 Petition). (Horwitz, Daniel) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
73

Unopposed MOTION for Leave to File Excess Pages by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
74

ORDER granting 73 Motion for Leave to File Excess Pages. Signed by Senior Circuit Judge Julia Smith Gibbons on 2/7/2025. (vk) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER

Order on Motion for Leave to File Excess Pages

Feb. 7, 2025

Feb. 7, 2025

PACER
75

REPLY to Response to re 67 MOTION for Summary Judgment filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley. (Griffin, Steven) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
76

RESPONSE filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley re 72 Statement of facts, filed by Aftyn Behn, Rachel Welty Defendants' Response to Plaintiffs' Statement of Additional Material Facts. (Griffin, Steven) Modified on 2/13/2025 (sb). (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
77

NOTICE by Aftyn Behn, Rachel Welty of Supplemental Authority (Attachments: # 1 Exhibit Opinion (Mar. 31, 2025), Case 223-cv-00450-MHT-KFP)(Horwitz, Daniel) (Entered: 03/31/2025)

1 Exhibit Opinion (Mar. 31, 2025), Case 223-cv-00450-MHT-KFP

View on PACER

March 31, 2025

March 31, 2025

PACER
78

NOTICE by Aftyn Behn, Rachel Welty re 54 MOTION for Summary Judgment Supplemental Authority (Attachments: # 1 Exhibit Ex. 1CITY OF MILAN TENNESSEE et al v FREDERICK H AGEE)(Horwitz, Daniel) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
79

RESPONSE filed by Robert J. Carter, Brent Cooper, Ray Crouch, Bryant C. Dunaway, Stacey Edmonson, Glenn Funk, Jennings H. Jones, Jason Lawson, Robert J. Nash, Hans Schwendimann, Ray Whitley re 78 Notice Supplemental Authority filed by Aftyn Behn, Rachel Welty . (Griffin, Steven) Modified on 5/15/2025 (sb). (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
80

NOTICE by Aftyn Behn, Rachel Welty of Withdrawal (Dix, Melissa) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
81

MEMORANDUM OPINION AND ORDER: MOTION 54 for Summary Judgment is granted in part and denied in part. MOTION 67 for Summary Judgment is granted in part and denied in part. Signed by Senior Circuit Judge Julia Smith Gibbons on 7/17/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)

July 18, 2025

July 18, 2025

RECAP
82

Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Costs by Aftyn Behn, Rachel Welty. (Horwitz, Daniel) (Entered: 07/19/2025)

July 19, 2025

July 19, 2025

RECAP
83

ORDER granting 82 Motion for Extension of Time to File Motion for Attorney's Fees and Costs. Signed by Senior Circuit Judge Julia Smith Gibbons on 7/21/2025. (vk) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 24, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are an attorney and abortion access advocate, and a state representative.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bryant C. Dunaway, Regional

Jason Lawson, Regional

Jennings H. Jones, Regional

Robert J. Carter, Regional

Ray Whitley, Regional

Robert J. Nash, Regional

Glenn Funk, Regional

Stacey Edmonson, Regional

Brent Cooper, Regional

Ray Crouch, Regional

Hans Schwendimann, Regional

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Reproductive rights:

Abortion

Counseling (reproductive rights)

Criminalization

Parental notification

Reproductive health care (including birth control, abortion, and others)