Filed Date: Oct. 17, 2025
Case Ongoing
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On October 17, 2025, Plaintiffs filed this lawsuit in the Chancery Court for The State of Tennessee, Davidson County, against Tennessee Governor Bill Lee, Attorney General Skrimetti, and others. Plaintiffs, including the Mayor of Shelby County, sought to challenge the unlawful deployment of Tennessee National Guard troops into Memphis, Tennessee at the urging of President Donald Trump. Plaintiffs alleged that President Trump requested defendants to deploy Tennessee National Guard Members under Title 32, which allows members of the national guard to serve in hybrid state-federal status. Under Article III, Section 5 of the Tennessee Constitution, Title 32 deployment is only lawful under two circumstances: rebellion or invasion.
Plaintiffs argued that no such circumstances exist in Tennessee; rather, they alleged Defendants had deployed the National Guard for routine domestic law enforcement. Plaintiffs asserted that, as with federal deployments in California and Chicago, federal militarization stifles social and economic activity whilst rendering state troops unable to engage in alternative, and often critical, work. Filing under the Tennessee Constitution (Article III, Section 5), as well as Tennessee Code Annotated Sections 58-1-106 and 58-1-301, Plaintiffs moved sought injunctive relief to preclude the unlawful militarization of the communities residing in Memphis.
On November 17, 2025, the court granted Plaintiff's motion for a temporary injunction, finding that Defendant's actions in calling the National Guard into Title 32 service was a clear violation of Tennessee’s Military Code, Tenn. Code Ann. §§58-1-106(a) and (c). Defendants were preliminarily barred from taking further action under the Title 32 deployment of the National Guard. The court wrote that the injunction would become effective on Plaintiffs' posting of an injunction bond for $50,000, pursuant to Tenn. R. Civ. P. 65.05. In the same ruling, the court granted a preemptive motion to stay the injunction pending Defendants’ application for permission to appeal. Defendants were given five days to appeal, after which the injunction would be immediately effective.
This case is ongoing.
Summary Authors
Ben Hefter (10/27/2025)
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: Oct. 17, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Coalition comprised of the Mayor of Shelby County, two commissioners of Shelby County, two members of the Tennessee General Assembly, and one council member for the City of Memphis
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
Other Dockets:
Tennessee state trial court 25-1461-I
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: