Case: Just City, Inc. v. Bonner

2:24-cv-02540 | U.S. District Court for the Western District of Tennessee

Filed Date: July 31, 2024

Case Ongoing

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Case Summary

This is a lawsuit challenging Tennessee law HB 1719 (the “law”), which prohibited judges from considering an arrestee's ability to pay when setting bail. On July 31, 2024, Just City Inc., a nonprofit organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, filed a lawsuit in the U.S. District Court for the Western District of Tennessee. They sued the Shelby County Sheriff, Presiding General Sessions Criminal Court Judge and Ju…

This is a lawsuit challenging Tennessee law HB 1719 (the “law”), which prohibited judges from considering an arrestee's ability to pay when setting bail. On July 31, 2024, Just City Inc., a nonprofit organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, filed a lawsuit in the U.S. District Court for the Western District of Tennessee. They sued the Shelby County Sheriff, Presiding General Sessions Criminal Court Judge and Judicial Commissioners. The case was assigned to Judge Thomas Lee Robinson Parker. 

Just City alleged that HB 1719 targeted 2023 reforms intended to end the decades-long practice of setting bail without considering ability to pay in Shelby County. It asserted that the law violated the Fourteenth Amendment  because it fundamentally created unfair procedures for bail hearings and encouraged wealth-based discrimination. Represented by the ACLU Criminal Law Reform Project, the ACLU of Tennessee and private counsel, Just City sought declaratory relief, a permanent injunction against the implementation of HB 1719 and attorney fees in its initial complaint filed on July 31, 2024.

On August 23, 2024, Just City notified Judge Parker of a status conference where the parties discussed the addition of the Attorney General as a potentially-interested party. On August 30, 2024, the Attorney General, on behalf of the State of Tennessee, filed an unopposed motion to intervene for the purpose of defending the constitutionality of HB 1719 and on September 4, 2024 that motion was granted.  On September 6, 2024, the defendants filed a motion to dismiss asserting that Just City’s claims were already before a state tribunal in a different lawsuit, and that Just City lacked standing.  On October 4, 2024, the State of Tennessee filed a motion to dismiss. On November 29, 2024, the Court denied Just City’s request for a  preliminary injunction on the grounds that Just City did not show it was likely to succeed on the merits of the claim based on the uncertainty of proving standing as well as the claims of unconstitutionality of HB 1719. The Court therefore determined that Just City had not shown that there would be irreparable harm absent an injunction. The Court also denied Just City’s motion for expedited declaratory judgment on the grounds that this motion would require the court to rule on the constitutionality of the statute, which the Court again said that it was “unclear whether Just City has standing here or if it is likely to succeed on the merits of its claims” and therefore declaratory relief was inappropriate at this preliminary injunction stage. In the same order, the Court denied the defendants’ motions to dismiss stating that while Just City had not shown likelihood of success on the merits of its claims, it had alleged enough to survive a motion to dismiss. On March 5, 2025, the plaintiffs filed an amended complaint to assert a class action suit and subsequently, filed a motion to certify a class. They sought to represent a class defined as the following: “all people in the custody of the Shelby County Sheriff who are detained under bail orders issued by Shelby County judges pursuant to Tenn. Code Ann. § 40-11- 118(b), as amended by HB 1719, without consideration of their ability to pay.” Additionally, Just City alleged that HB 1719 is vague because it requires that judicial officers “shall” consider an arrestee’s “financial condition,” but at the same time requires that judicial officers “shall not” consider an arrestee’s “ability to pay.”​​  In response to this amended complaint, on March 10, 2025, the State of Tennessee filed notice of its intent to expand the scope of its intervention to include defending HB 1719 against this vagueness claim. On March 20, 2025, the defendants filed a motion to quash on the grounds that the production request filed on February 3, 2025, was unreasonable. On June 26, 2025, the plaintiffs filed a motion to compel the defendants to respond to the February 3, 2025 production requests, which the Court granted on July 18, 2025. On October 10, 2025, the Court ordered that any party wishing to file a supplemental brief shall do so by Wednesday, October 22, 2025. The Court also ordered oral argument on Plaintiffs’ Motion to Certify Class. On December 9, 2025, the Court granted class certification. On January 22, 2026, the plaintiffs filed a motion for summary judgment. The case is ongoing.

 

Summary Authors

Alaa Mustafa (3/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69001138/parties/just-city-inc-v-bonner/


Judge(s)
Attorney for Plaintiff

Cameron-Vaughn, Lucas (Tennessee)

Clark, Julian (Tennessee)

Elbaum, David (Tennessee)

Attorney for Defendant

Durrence, Jasen McCoy (Tennessee)

Expert/Monitor/Master/Other

Durst, Jacob (Tennessee)

Documents in the Clearinghouse

Documents in this case
1

2:24-cv-02540

Complaint

July 31, 2024

July 31, 2024

Complaint
43

2:24-cv-02540

Order Granting Intervention and Extending Deadline and Page Length for Reply Brief

Just City v. Bonner

Sept. 4, 2024

Sept. 4, 2024

Order/Opinion
64

2:24-cv-02540

Order Denying Preliminary Injunction and Motion to Dismiss

Nov. 29, 2024

Nov. 29, 2024

Order/Opinion

758 F.Supp.3d 785

75

2:24-cv-02540

Plaintiff's Motion for Leave to File the First Amended Class Action Complaint

March 5, 2025

March 5, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69001138/just-city-inc-v-bonner/

Last updated July 28, 2026, 4:42 p.m.

ECF Number Date Description Link
1 July 31, 2024

COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATNWDC-4471893), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Yarbrough, Stella) (Entered: 07/31/2024)

1 Civil Cover Sheet

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Clearinghouse
2 July 31, 2024

MOTION for Preliminary Injunction and Expedited Declaratory Judgment by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit List, # 3 Ex. 1, Spickler Declaration, # 4 Ex. 2, Shelby County Jail Monitor Report, # 5 Ex. 3, Demand Letter, # 6 Ex. 4, Shelby County Bail Reform Agreement, # 7 Ex. 5, Standing Bail Order, # 8 Ex. 6, Resolution Approving Agreement, # 9 Ex. 7, Original Bail Form, # 10 Ex. 8, Email Regarding Bail Form Revisions, # 11 Ex. 9, Revised Bail Form, # 12 Proposed Order)(Yarbrough, Stella) (Entered: 07/31/2024)

1 Memorandum in Support

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2 Exhibit List

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3 Ex. 1, Spickler Declaration

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4 Ex. 2, Shelby County Jail Monitor Report

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5 Ex. 3, Demand Letter

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6 Ex. 4, Shelby County Bail Reform Agreement

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7 Ex. 5, Standing Bail Order

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8 Ex. 6, Resolution Approving Agreement

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9 Ex. 7, Original Bail Form

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10 Ex. 8, Email Regarding Bail Form Revisions

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11 Ex. 9, Revised Bail Form

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12 Proposed Order

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RECAP
3 July 31, 2024

MOTION to Expedite Briefing Schedule and Oral Argument; proposed order submitted by Just City, Inc.. (Attachments: # 1 Proposed Order)(Yarbrough, Stella) (Entered: 07/31/2024)

RECAP
4 July 31, 2024

NOTICE by Just City, Inc. re 1 Complaint, 2 MOTION for Preliminary Injunction and Expedited Declaratory Judgment Pursuant to Rule 5.1 of the Federal Rules of Civil Procedure (Yarbrough, Stella) (Entered: 07/31/2024)

RECAP
5 July 31, 2024

NOTICE of Summons by Stella Marie Yarbrough on behalf of Just City, Inc.. (Attachments: # 1 Anderson Summons, # 2 Barber Summons, # 3 Best Summons, # 4 Gray Summons, # 5 Harris Summons, # 6 Hewlett Summons, # 7 Ingram Summons, # 8 Kirk Johnson Summons, # 9 Marshall Summons, # 10 Mozingo Summons, # 11 Purifoy Summons, # 12 Reed Summons, # 13 Saleem Summons, # 14 Sampson Summons, # 15 Smith Summons)(Yarbrough, Stella) (Entered: 07/31/2024)

RECAP
6 July 31, 2024

Judge Thomas L. Parker and Chief Magistrate Judge Tu M. Pham added. (mf) (Entered: 07/31/2024)

RECAP
7 July 31, 2024

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 1 Complaint filed by Just City, Inc. has been filed. However, the following deficiency has been found: the CM/ECF user's log in name does not match the electronic signature on the pleading. Also, the civil cover sheet should be signed using the following format: s/ attorney's name. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (mf) (Entered: 07/31/2024)

RECAP
8 July 31, 2024

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (mf) (Entered: 07/31/2024)

RECAP
9 July 31, 2024

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mf) (Entered: 07/31/2024)

RECAP
10 July 31, 2024

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (mf) (Entered: 07/31/2024)

RECAP
11 July 31, 2024

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 3 MOTION to Expedite, 4 Notice (Other) filed by Just City, Inc., 2 MOTION for Preliminary Injunction has been filed. However, the following deficiencies have been found: the CM/ECF user's log in name does not match the electronic signature on the pleading. Also, proposed orders should be emailed to the Presiding Judge in a Word format. Please resubmit as a Notice of Correction. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (mf) (Entered: 07/31/2024)

RECAP
12 July 31, 2024

Notice of Correction to 7 Deficiency Notice,, 11 Deficiency Notice,,, Correcting signature block on 1 Complaint and other filings (attached). (Attachments: # 1 1-1 Corrected Civil Cover Sheet, # 2 2 Corrected Motion for Preliminary Injunction and Expedited Declaratory Judgment, # 3 2-1 Corrected Memorandum in Support, # 4 3 Corrected Motion to Expedite Briefing Schedule and Oral Argument, # 5 4 Corrected Notice Pursuant to Rule 5.1 of Federal Rules of Civil Procedure)(Yarbrough, Stella) (Entered: 07/31/2024)

RECAP
July 31, 2024

Deficiency Notice

July 31, 2024

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

July 31, 2024

Notice LR 16.2

July 31, 2024

ADR Compliance

13 Aug. 1, 2024

Summons Issued as to Bill Anderson, Robert Barber, Mischelle Best, Floyd Bonner, Jr, Serena Gray, Rhonda Harris, Terita Hewlett, Christopher Ingram, Kathy Kirk Johnson, John Marshall, Leslie Mozingo, Shayla Purifoy, Kevin Reed, Zayid Saleem, Ross Sampson, Kenya Smith. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(mf) (Entered: 08/01/2024)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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14 Aug. 1, 2024

SUMMONS Returned Executed by Just City, Inc. as to Floyd Bonner, Jr. (Yarbrough, Stella) (Entered: 08/01/2024)

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15 Aug. 2, 2024

SUMMONS Returned Executed by Just City, Inc. as to Bill Anderson, Robert Barber, Mischelle Best, Serena Gray, Rhonda Harris, Terita Hewlett, Christopher Ingram, Kathy Kirk Johnson, John Marshall, Leslie Mozingo, Shayla Purifoy, Kevin Reed, Zayid Saleem, Ross Sampson, Kenya Smith. (Attachments: # 1 Barber Summons Executed, # 2 Best Summons Executed, # 3 Gray Summons Executed, # 4 Harris Summons Executed, # 5 Hewlett Summons Executed, # 6 Ingram Summons Executed, # 7 Johnson Summons Executed, # 8 Marshall Summons Executed, # 9 Mozingo Summons Executed, # 10 Purifoy Summons Executed, # 11 Reed Summons Executed, # 12 Saleem Summons Executed, # 13 Sampson Summons Executed, # 14 Smith Summons Executed)(Yarbrough, Stella) (Entered: 08/02/2024)

RECAP
16 Aug. 2, 2024

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4473423) by Just City, Inc.. (Attachments: # 1 Certificate of Good Standing (highest state court), # 2 Certificate of Good Standing (federal district court))(Trigilio, Trisha) (Entered: 08/02/2024)

RECAP
17 Aug. 5, 2024

ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 8/5/24. (seh) (Entered: 08/05/2024)

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18 Aug. 8, 2024

MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-4477749) by All Plaintiffs. (Attachments: # 1 Certificate of Good Standing (Highest State Court), # 2 Certificate of Good Standing (Federal District Court)))(Clark, Julian) (Entered: 08/08/2024)

1 Certificate of Good Standing (Highest State Court)

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2 Certificate of Good Standing (Federal District Court))

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RECAP
19 Aug. 9, 2024

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4478994) by Just City, Inc.. (Attachments: # 1 Certificate of Good Standing (highest state court), # 2 Certificate of Good Standing (federal district court))(Waldman, Craig) (Entered: 08/09/2024)

1 Certificate of Good Standing (highest state court)

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2 Certificate of Good Standing (federal district court)

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RECAP
20 Aug. 12, 2024

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4480057) by Just City, Inc.. (Attachments: # 1 Certificate of Good Standing (highest state court), # 2 Certificate of Good Standing (federal district court))(Elbaum, David) (Entered: 08/12/2024)

1 Certificate of Good Standing (highest state court)

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2 Certificate of Good Standing (federal district court)

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RECAP
21 Aug. 12, 2024

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4480075) by Just City, Inc.. (Attachments: # 1 Certificate of Good Standing (highest state court), # 2 Certificate of Good Standing (federal district court))(Quigley, Jared) (Entered: 08/12/2024)

1 Certificate of Good Standing (highest state court)

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2 Certificate of Good Standing (federal district court)

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RECAP
22 Aug. 12, 2024

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 8/12/24. (seh) (Entered: 08/12/2024)

RECAP
23 Aug. 15, 2024

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 8/15/24. (seh) (Entered: 08/15/2024)

RECAP
24 Aug. 15, 2024

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 8/15/24. (seh) (Entered: 08/15/2024)

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25 Aug. 15, 2024

ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 8/15/24. (seh) (Entered: 08/15/2024)

RECAP
26 Aug. 15, 2024

TEXT NOTICE SETTING STATUS CONFERENCE: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): A Status Conference has been set for Tuesday, August 20, 2024 at 2:30 PM. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions. (smm) (Entered: 08/15/2024)

RECAP
27 Aug. 15, 2024

NOTICE of Appearance by Julia Marie Hale on behalf of Bill Anderson, Robert Barber, Mischelle Best, Floyd Bonner, Jr, Serena Gray, Rhonda Harris, Terita Hewlett, Christopher Ingram, Kathy Kirk Johnson, John Marshall, Leslie Mozingo, Shayla Purifoy, Kevin Reed, Zayid Saleem, Ross Sampson, Kenya Smith (Hale, Julia) (Entered: 08/15/2024)

RECAP
28 Aug. 15, 2024

Consent MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-4483765) by All Plaintiffs. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Verriest, Ashika) (Entered: 08/15/2024)

RECAP
Aug. 15, 2024

Setting Letter - Teams

29 Aug. 16, 2024

NOTICE of Appearance by Jasen McCoy Durrence on behalf of All Defendants (Durrence, Jasen) (Entered: 08/16/2024)

RECAP
30 Aug. 19, 2024

ORDER GRANTING 28 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 08/19/2024. (mkm) (Entered: 08/19/2024)

RECAP
31 Aug. 20, 2024

Minute Entry for proceedings held before Judge Thomas L. Parker: A Status/Scheduling Conference was held on 8/20/2024. Ashika Verriest, David Elbaum, Jared Quigley, Julian Clark and Stella M. Yarbrough appeared for the plaintiff(s). Jasen M. Durrence and Julia M. Hale appeared for the defendant(s). The court discussed the status of the case with the parties. Oral Argument on the Motion for Preliminary Injunction 2 has been set for Monday, September 23, 2024 at 1:30 P.M. in Courtroom 2 Memphis before Judge Thomas L. Parker. Defendant's response is due by close of business on Friday, August 23, 2024. Plaintiff's reply is due by close of business on Friday, September 6, 2024. (Court Reporter Catherine Phillips.) (smm) (Entered: 08/20/2024)

RECAP
32 Aug. 20, 2024

TEXT NOTICE SETTING ORAL ARGUMENT HEARING: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): Oral Argument on the Motion for Preliminary Injunction 2 has been set for Monday, September 23, 2024 at 1:30 P.M. in Courtroom 2 Memphis before Judge Thomas L. Parker. (smm) (Entered: 08/20/2024)

RECAP
33 Aug. 20, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] This Court held a status conference via Microsoft Teams on August 20, 2024, to set briefing deadlines and schedule oral argument on Plaintiff's Motion for Preliminary Injunction. (ECF Nos. 2, 3.) The following deadlines apply: (1) Defendants have through August 23, 2024, to file their response to Plaintiff's Motion for Preliminary Injunction; (2) Plaintiff has through September 6, 2024, to file its reply; and (3) oral argument on the Motion for Preliminary Injunction is set for Monday, September 23, 2024, at 1:30 p.m. Signed by Judge Thomas L. Parker on 08/20/2024. (mkm) (Entered: 08/20/2024)

RECAP
Aug. 20, 2024

Status Conference AND ~Util - Set Hearings

Aug. 20, 2024

Setting Letter

Aug. 20, 2024

Order on Motion to Expedite

34 Aug. 21, 2024

MOTION for Extension of Time to File Response/Reply as to 1 Complaint proposed order submitted by All Defendants. (Hale, Julia) (Entered: 08/21/2024)

RECAP
35 Aug. 21, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendants move to extend the deadline to answer or otherwise respond to Plaintiff's Complaint. (ECF No. 34.) For good cause shown, the Court GRANTS the motion, and Defendants have through September 6, 2024, to answer or respond to Plaintiff's Complaint. In the event that the Defendants file a dispositive motion rather than an answer, Plaintiff will have through September 27, 2024, to respond. Signed by Judge Thomas L. Parker on 08/21/2024. (mkm) (Entered: 08/21/2024)

RECAP
Aug. 21, 2024

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

36 Aug. 23, 2024

NOTICE by Just City, Inc. | Letter to The Honorable Thomas L. Parker (Elbaum, David) (Entered: 08/23/2024)

RECAP
37 Aug. 23, 2024

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction and Expedited Declaratory Judgment filed by All Defendants. (Durrence, Jasen) (Entered: 08/23/2024)

RECAP
38 Aug. 30, 2024

NOTICE of Appearance by Miranda Jones on behalf of State of Tennessee - Intervenor (Jones, Miranda) (Entered: 08/30/2024)

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39 Aug. 30, 2024

NOTICE of Appearance by Brian Enright on behalf of State of Tennessee - Intervenor (Enright, Brian) (Entered: 08/30/2024)

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40 Aug. 30, 2024

MOTION to Intervene Proposed Order Submitted by State of Tennessee - Intervenor. (Attachments: # 1 Exhibit State of Tennessee's Response in Opposition to Just City's Motion for Preliminary Injunction and Expedited Declaratory Judgment)(Jones, Miranda) (Entered: 08/30/2024)

1 Exhibit State of Tennessee's Response in Opposition to Just City's Mot

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RECAP
41 Aug. 30, 2024

MEMORANDUM in Support re 40 MOTION to Intervene Proposed Order Submitted filed by State of Tennessee - Intervenor. (Jones, Miranda) (Entered: 08/30/2024)

RECAP
42 Sept. 3, 2024

MOTION for Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion, 40 MOTION to Intervene Proposed Order Submitted by Just City, Inc.. (Trigilio, Trisha) (Entered: 09/03/2024)

RECAP
43 Sept. 4, 2024

ORDER GRANTING 40 Motion to Intervene; GRANTING 42 Motion for Extension of Time to File Response/Reply to 37 Response in Opposition to Motion, 40 MOTION to Intervene Proposed Order Submitted. Signed by Judge Thomas L. Parker on 09/04/2024. (mkm) (Entered: 09/04/2024)

Clearinghouse
44 Sept. 6, 2024

MOTION to Dismiss for Lack of Jurisdiction by All Defendants. (Hale, Julia) (Entered: 09/06/2024)

RECAP
45 Sept. 13, 2024

REPLY to Response to Motion re 37 Response in Opposition to Motion and State's Response in Opposition to Motion filed by Just City, Inc.. (Attachments: # 1 Exhibit List, # 2 Ex. 10, Raines Declaration, # 3 Ex. 11, List of Arrestees Referred to Just City, # 4 Ex. 12, Representative Completed Revised Bail Form)(Trigilio, Trisha) (Entered: 09/13/2024)

RECAP
46 Sept. 16, 2024

First MOTION to Continue proposed order submitted by State of Tennessee - Intervenor. (Enright, Brian) (Entered: 09/16/2024)

RECAP
47 Sept. 17, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Intervenor State of Tennessee moves to continue the hearing scheduled for September 23, 2024. (ECF No. 46.) Defendants and Plaintiff do not oppose a continuance, but Plaintiff opposes continuing the hearing until October. On balance, the Court finds that any prejudice to Plaintiff caused by waiting until October for the hearing is outweighed by the prejudice to Defendants and the State were the Court to set the hearing sooner than October. Given the Courts schedule, the availability of counsel for the parties, and for good cause shown, the Court GRANTS the motion, and reschedules the hearing for October 21, 2024, at 10:00 a.m. Signed by Judge Thomas L. Parker on 09/17/2024. (mkm) (Entered: 09/17/2024)

RECAP
Sept. 17, 2024

Order on Motion to Continue

48 Sept. 18, 2024

MOTION for Reconsideration of the Court's order granting a four-week continuance. Proposed order submitted by Just City, Inc.. (Trigilio, Trisha) (Entered: 09/18/2024)

RECAP
49 Sept. 19, 2024

RESPONSE to Motion re 48 MOTION for Reconsideration of the Court's order granting a four-week continuance. Proposed order submitted filed by State of Tennessee - Intervenor. (Enright, Brian) (Entered: 09/19/2024)

RECAP
50 Sept. 25, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves for this Court to reconsider its order continuing the hearing until October 21, 2024. (ECF No. 48) Intervenor State of Tennessee responded to the motion. (ECF No. 49.) Having considered the motion and response, the Court DENIES reconsideration. The hearing remains on October 21, 2024, at 10:00 a.m. Signed by Judge Thomas L. Parker on 09/25/2024. (mkm) (Entered: 09/25/2024)

RECAP
Sept. 25, 2024

Order on Motion for Reconsideration

51 Sept. 27, 2024

RESPONSE in Opposition re 44 MOTION to Dismiss for Lack of Jurisdiction filed by Just City, Inc.. (Trigilio, Trisha) (Entered: 09/27/2024)

RECAP
52 Oct. 4, 2024

MOTION to Dismiss by State of Tennessee - Intervenor. (Attachments: # 1 Memorandum Memorandum of Law in Support of State of Tennessee's Motion to Dismiss)(Jones, Miranda) (Entered: 10/04/2024)

1 Memorandum Memorandum of Law in Support of State of Tennessee's Motion to D

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RECAP
53 Oct. 4, 2024

Amicus Curiae APPEARANCE entered by Edwin Budge on behalf of Just City, Inc.. (Attachments: # 1 Memorandum)(Budge, Edwin) (Entered: 10/04/2024)

1 Memorandum

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RECAP
54 Oct. 11, 2024

REPLY to Response to Motion re 51 Response in Opposition to Motion filed by All Defendants. (Hale, Julia) (Entered: 10/11/2024)

RECAP
55 Oct. 14, 2024

MOTION for Leave to Appear Pro Hac Vice on behalf of amici curiae Stand for Children and Black Lives Matter (Filing fee $ 150 receipt number ATNWDC-4525227) by Just City, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing)(Woods, Andrea) (Entered: 10/14/2024)

RECAP
56 Oct. 15, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Stand for Children Tennessee ("Stand") and the Official Black Lives Matter Memphis Chapter ("BLM") move unopposed to file an amicus brief. (ECF Nos. 53, 53-1.) The Court has discretion in allowing the filing of an amicus brief. See McKinney v. Starbucks Corp., No. 22-5730, 2022 U.S. App. LEXIS 24999, at *5 (6th Cir. Sept. 6, 2022) (quoting United States v. Michigan, 940 F.2d 143, 165 (6th Cir. 1991)). For good cause shown, the Court GRANTS the motion, and the Court deems the brief attached to the motion, ECF No. 53-1, as filed. Signed by Judge Thomas L. Parker on 10/15/2024. (mkm) (Entered: 10/15/2024)

RECAP
57 Oct. 15, 2024

ORDER GRANTING 55 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 10/15/2024. (mkm) (Entered: 10/15/2024)

RECAP
Oct. 15, 2024

Order

58 Oct. 18, 2024

MOTION to Substitute Party as successor to official-capacity Defendant by Just City, Inc.. (Trigilio, Trisha) (Entered: 10/18/2024)

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59 Oct. 21, 2024

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves unopposed to substitute a defendant under Federal Rule of Civil Procedure 25(d). (ECF No. 58.) For good cause shown, the Court GRANTS the motion and respectfully DIRECTS the Clerk of Court to amend the case caption to remove Bill Anderson Jr. as a Defendant and to substitute Lee Wilson, Presiding Shelby County General Sessions Criminal Court Judge, in his official capacity, as a Defendant. Signed by Judge Thomas L. Parker on 10/21/2024. (mkm) (Entered: 10/21/2024)

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60 Oct. 21, 2024

Minute Entry for proceedings held before Judge Thomas L. Parker: Oral Argument on Plaintiff's Motion for Preliminary Injunction 2 was held on 10/21/2024. Trisha Trigilio, Ashika Verriest, David Elbaum and Stella M. Yarbrough appeared for the plaintiff(s). Jasen M. Durrence and Julia M. Hale appeared for the defendant(s). Miranda Jones and Brian Enright appeared for the Intervenor. After hearing argument from counsel for all sides, the court took the motion under advisement and will enter a written order upon ruling. (Court Reporter: Catherine Phillips) (smm) (Entered: 10/21/2024)

RECAP
Oct. 21, 2024

Order on Motion to Substitute Party

Oct. 21, 2024

Motion Hearing

61 Oct. 25, 2024

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 21, 2024 before Judge Thomas L. Parker. Court Reporter Catherine Phillips, Telephone number 901-495-1535. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 10/30/2024. Redaction Request due 11/15/2024. Release of Transcript Restriction set for 1/23/2025. (cjp) (Entered: 10/25/2024)

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62 Nov. 1, 2024

RESPONSE in Opposition re 52 MOTION to Dismiss filed by Just City, Inc.. (Trigilio, Trisha) (Entered: 11/01/2024)

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63 Nov. 15, 2024

REPLY to Response to Motion re 62 Response in Opposition to Motion to Dismiss filed by State of Tennessee - Intervenor. (Jones, Miranda) (Entered: 11/15/2024)

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64 Nov. 29, 2024

ORDER Denying 2 Motion for Preliminary Injunction and Denying [44,52] Motions to Dismiss. Signed by Judge Thomas L. Parker on 11/29/2024. (Parker, Thomas) (Entered: 11/29/2024)

Clearinghouse
65 Dec. 17, 2024

NOTICE SETTING SCHEDULING CONFERENCE: A Scheduling Conference has been set for Thursday, January 16, 2025 at 2:15 PM via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding. The parties shall submit their proposed scheduling order to ECF_Judge_Parker@tnwd.uscourts.gov at least seven (7) days before the scheduling conference. The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions. (smm) (Entered: 12/17/2024)

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66 Jan. 9, 2025

REPORT of Rule 26(f) Planning Meeting . (Yarbrough, Stella) (Entered: 01/09/2025)

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67 Jan. 13, 2025

TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. (re: DE# 61 ; release date 1/23/2025) (tlh) (Entered: 01/13/2025)

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Jan. 13, 2025

Transcript Release Notice

68 Jan. 15, 2025

MOTION to Withdraw as Attorney Nonparty Intervenor, Proposed Order Submitted by State of Tennessee - Intervenor. (Jones, Miranda) (Entered: 01/15/2025)

RECAP
69 Jan. 16, 2025

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Attorney Miranda Jones moves to withdraw as counsel for Intervenor State of Tennessee. (ECF No. 68.) Intervenor is still represented by Attorney Brian Enright. For good cause shown, the Court GRANTS the motion. Signed by Judge Thomas L. Parker on 1/16/2025. (mkm) (Entered: 01/16/2025)

RECAP
70 Jan. 16, 2025

Minute Entry for proceedings held before Judge Thomas L. Parker: A Status/Scheduling Conference was held via Microsoft Teams Video Conference on 1/16/2025. Trisha Trigilio, Ashika West, David Elbaum, and Stella Yarbrough appeared for the plaintiff(s). Jasen M. Durrence andJulia M. Hale appeared for the defendants. Intervenor Counsel Brian Enright present. The court discussed the dates and deadlines with the parties. A Jury Trial has been set for Monday, February 23, 2026 at 9:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Trial expected to last approximately 4-5 days. Proposed Pretrial Order due by Friday, January 23, 2026. Pretrial Conference is set for Friday, January 30, 2026 at 10:30 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Scheduling Order to be Entered. (Court Reporter: Polly Wardlaw) (smm) (Entered: 01/16/2025)

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71 Jan. 16, 2025

NOTICE SETTING TRIAL WITH PRETRIAL PROCEDURES: A Jury Trial has been set for Monday, February 23, 2026 at 9:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. Trial expected to last approximately 4-5 days. Proposed Pretrial Order due by Friday, January 23, 2026. Pretrial Conference is set for Friday, January 30, 2026 at 10:30 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (smm) (Entered: 01/16/2025)

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72 Jan. 16, 2025

SCHEDULING ORDER. Signed by Judge Thomas L. Parker on 1/16/2025. (Parker, Thomas) (Entered: 01/16/2025)

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Jan. 16, 2025

Order on Motion to Withdraw as Attorney

Jan. 16, 2025

Scheduling Conference AND ~Util - Set Deadlines/Hearings

73 Jan. 21, 2025

NOTICE of Appearance by Jacob Durst on behalf of State of Tennessee - Intervenor (Durst, Jacob) (Entered: 01/21/2025)

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74 Jan. 21, 2025

NOTICE of Appearance by Steven James Griffin on behalf of State of Tennessee - Intervenor (Griffin, Steven) (Entered: 01/21/2025)

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75 March 5, 2025

MOTION for Leave to File Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, Proposed Amended Complaint)(Trigilio, Trisha) (Entered: 03/05/2025)

1 Memorandum in Support

View on RECAP

2 Exhibit 1, Proposed Amended Complaint

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Clearinghouse
76 March 5, 2025

MOTION to Certify Class proposed order submitted by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Appendix : Exhibits)(Trigilio, Trisha) (Entered: 03/05/2025)

1 Memorandum in Support

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2 Appendix : Exhibits

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RECAP
77 March 6, 2025

[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff Just City moves unopposed for leave to file an Amended Complaint. (ECF Nos. 75, 75-2.) For good cause shown, the Court GRANTS the motion and DEEMS the proposed Amended Complaint attached to the motion, ECF No. 75-2, as filed. Signed by Judge Thomas L. Parker on 03/06/2025. (mkm) (Entered: 03/06/2025)

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March 6, 2025

Order on Motion for Leave to File

78 March 10, 2025

NOTICE by State of Tennessee - Intervenor of Expanded Intervention (Griffin, Steven) (Entered: 03/10/2025)

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79 March 18, 2025

RESPONSE in Opposition re 76 MOTION to Certify Class proposed order submitted filed by All Defendants. (Durrence, Jasen) (Entered: 03/18/2025)

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80 March 20, 2025

MOTION to Quash by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hale, Julia) (Entered: 03/20/2025)

1 Exhibit 1

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2 Exhibit 2

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RECAP
81 March 20, 2025

ANSWER to 1 Complaint Amended Complaint by All Defendants.(Durrence, Jasen) (Entered: 03/20/2025)

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82 March 20, 2025

ORDER REFERRING MOTION. Signed by Judge Thomas L. Parker on 03/20/2025. (mkm) (Entered: 03/20/2025)

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Case Details

State / Territory:

Tennessee

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 31, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization dedicated to fighting discrimination based on race, ethnicity, and income

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County Sheriff

Judicial Commissioners

Presiding General Sessions Criminal Court Judge

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Western District of Tennessee 2:24-cv-02540

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Recommended Citation