Case: Lane v. Tennessee

3:98-cv-00731 | U.S. District Court for the Middle District of Tennessee

Filed Date: Aug. 10, 1998

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 10, 1998, two named plaintiffs, both of whom had paraplegia and used wheelchairs, filed a class action lawsuit in the United States District Court for the Middle District of Tennessee, against the State of Tennessee and 25 Tennessee counties. The plaintiffs alleged past and ongoing violations of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§12131-12165. The plaintiffs claimed that they had been denied access to the Tennessee state court system because of their disabilities. One plaintiff alleged that when he was ordered to appear at a county courthouse whose courtroom was on the second floor without elevator access, he had to crawl up two flights of stairs to reach the courtroom. When he next returned to the courthouse he refused to pull himself up the stairs again and for safety reasons declined being carried up by security personnel. As a result he was arrested and jailed for failure to appear. The other plaintiff was a certified court reporter who alleged that because she was not able to access many Tennessee county courthouses she lost work opportunities and was denied the opportunity to participate in the judicial process. The plaintiffs sought money damages and injunctive relief to modify the inaccessible courthouses.

On October 5, 1998, Tennessee moved to have the case dismissed on Eleventh Amendment Grounds, arguing that Title II of the ADA was invalid to the extent that it authorized private parties to file federal lawsuits for money damages against states. On November 10, 1998, the District Court denied this motion. Tennessee appealed to the federal Sixth Circuit Court of Appeals, and proceedings in the district court were stayed while this appeal was pending. On July 16, 2002, the Sixth Circuit Court of Appeals affirmed the District Court's denial of the motion to dismiss (Judge Boyce F. Martin, Jr writing for a three-judge panel). Lane v. Tennessee, 40 Fed.Appx. 911 (2012). The Court of Appeals granted a rehearing on the issue before the same three-judge panel, and on January 10, 2003 it issued an Amended Judgment, wherein the Court (Judge Martin) again affirmed the lower court's decision and explained that, because the Plaintiffs were "seeking to vindicate" their due process "right of access to the courts," the action was not barred by the Eleventh Amendment. Lane v. Tennessee, 315 F.3d 680 (2003).

Tennessee petitioned for certiorari from the Supreme Court of the United States, and the Supreme Court granted certiorari. At this point the United States of America, represented by attorneys from Department of Justice Civil Rights Division, joined the Plaintiffs as respondents. On May 17, 2004, the Supreme Court, in an opinion by Justice John Paul Stevens, upheld the constitutionality of the ADA's application against states. The Court found that Congress had abundant evidence that the states frequently denied people with disabilities fundamental rights protected by the Due Process clause of the Fourteenth Amendment, including the right to access courts. Further, the remedy Congress enacted was congruent and proportional, because the "reasonable accommodations" mandated by the ADA were not unduly burdensome and disproportionate to the harm. Garrett, the Court said, covered only Equal Protection claims, not Due Process claims. Therefore the law was constitutional. Tennessee v. Lane, 541 U.S. 509 (2004).

On August 17, 2004, the District Court denied the Plaintiffs' motion to certify the class, finding that the question of whether each particular member of the proposed class was discriminated against because of their disability would need to be determined on an individual basis, considering the conditions of the particular courthouses, and that therefore class action was inappropriate. Shortly thereafter the parties began negotiating settlements.

In February and March of 2005, the Plaintiffs entered separate settlements with the State of Tennessee and with each of the defendant counties. Tennessee agreed to pay the Plaintiffs $905,000 in attorneys' fees and costs. Tennessee also agreed to recommend to the Tennessee Supreme Court that it implement a comprehensive policy ensuring ADA compliance at state and county courthouses.

Each of the counties agreed to make modifications to their courthouses to make them accessible to wheelchair users and other people with mobility impairments. The Defendants agreed to cooperate in the appointment of ninety-five Local Judicial Program ADA Coordinators. Each county agreed to pay $2,680, totaling $67,000, in attorneys' fees and costs. The Plaintiffs did not receive money damages.


3:98-cv-00731	Docket (PACER)	Aug. 17, 2005	Aug. 17, 2005 Docket
1 3:98-cv-00731	Complaint	Aug. 10, 1998	Aug. 10, 1998 Complaint
62 3:98-cv-00731	Defendant State of Tennessee's Motion to Dismiss	Nov. 10, 1998	Nov. 10, 1998 Pleading / Motion / Brief
98-06730	Order U.S. Court of Appeals for the Sixth Circuit	July 16, 2002	July 16, 2002 Order/Opinion 40 Fed.Appx. 911
02-01667	Petition for a Writ of Certiorari Tennessee v. Lane Supreme Court of the United States	July 16, 2002	July 16, 2002 Pleading / Motion / Brief
98-06730	Order [on petition for rehearing] U.S. Court of Appeals for the Sixth Circuit	Sept. 20, 2002	Sept. 20, 2002 Order/Opinion 2002 U.S.App.LEXIS 20209
98-06730	Opinion (as amended) U.S. Court of Appeals for the Sixth Circuit	Jan. 10, 2003	Jan. 10, 2003 Order/Opinion 315 F.3d 680
02-01667	Opinion Tennessee v. Lane Supreme Court of the United States	June 23, 2003	June 23, 2003 Order/Opinion 539 U.S. 941
02-01667	Brief of Amici Curiae In Support of Petitioners Tennessee v. Lane Supreme Court of the United States	Sept. 8, 2003	Sept. 8, 2003 Pleading / Motion / Brief
02-01667	Brief for the United States Tennessee v. Lane Supreme Court of the United States	Nov. 1, 2003	Nov. 1, 2003 Pleading / Motion / Brief

Title	Description		External URL Date / External URL
The Oyez Project, Tennessee v Lane, 541 U.S. 509 (2004). Oyez Project	Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and written opinion.	May 17, 2004	May 17, 2004 http://www.oyez.org/...
Tennessee v. Lane: The Legal Issues and the Implications for People with Disabilities National Council on Disability	This website gives a good explanation of what was at stake in this case and how it could have an impact on people now.	2003	Sept. 4, 2003 https://web.archive.org/...

ECF Number	Date	Description	Link
1	Aug. 10, 1998	COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150.00 Receipt # 64591 (bbj) (Entered: 08/18/1998)	Clearinghouse
2	Aug. 10, 1998	NOTICE of Initial Case Management Conference ; Case Management Conference set for 1:30 10/23/98 before Judge Higgins (bbj) (Entered: 08/18/1998)	RECAP
3	Aug. 18, 1998	LETTER to William J. Brown re: Local Rule 1 (bbj) (Entered: 08/18/1998)	RECAP
4	Aug. 20, 1998	CERTIFICATE of Good Standing filed by pltfs by atty William J. Brown (dcap) (Entered: 08/20/1998)	RECAP
5	Aug. 27, 1998	ATTORNEY APPEARANCE for deft Meigs County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 08/28/1998)	RECAP
6	Sept. 1, 1998	ATTORNEY APPEARANCE for defts: Chester County TN, Hawkins County TN, Johnson County TN & Lewis County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 09/02/1998)	RECAP
7	Sept. 8, 1998	ATTORNEY APPEARANCE for deft Hancock County TN by Floyd W. Rhea (tlc) (Entered: 09/08/1998)	RECAP
8	Sept. 8, 1998	ATTORNEY APPEARANCE for defts: Claiborne County TN, Clay County TN, Fayette County TN, Lake County TN & Moore County TN by John Edward Quinn (tlc) (Entered: 09/09/1998)	RECAP
9	Sept. 8, 1998	RETURN OF SERVICE executed by certified mail upon deft State of Tennessee and signed for by Reuben Jordan, deft Polk County TN and signed for by Jake Russell & deft Meigs County TN and signed for by Ricky Bivers; all served on 8/20/98 (tlc) (Entered: 09/09/1998)	RECAP
10	Sept. 8, 1998	RETURN OF SERVICE executed by certified mail on 8/21/98 upon defts: Bledsoe County TN and signed for by Melba Reel, Cannon County TN and signed for by Billy Davis, Chester County TN (card signed), Claiborne County TN and signed for by Thelma Wolfenbarger, Clay County TN and signed for by Ray Frugge, Cocke County TN and signed for by Ruby Marion, Decatur County TN (card signed), Fayette County TN and signed for by T.L. Wilburn, Hancock County TN and signed for by Juanita H. Greene, Hawkins County TN and Martha Wallace, Hickman County TN and signed for by Ken Skelton, Jackson County TN (card signed), Jefferson County TN and signed for by Pam Hill, Johnson County TN and signed for by Joyce Crowder, Lake County TN and signed for by Debra Vaughn, Lewis County TN and signed for by Renita Tenry, Moore County TN and signed for by Wayne Harrison, Pickett County TN and signed for by Carolyn Smith, Trousdale County TN and signed for by Debbie Jenkins (tlc) (Entered: 09/09/1998)	RECAP
11	Sept. 8, 1998	RETURN OF SERVICE executed by certified mail on 8/24/98 upon defts: Grainger County TN and signed for by Karen Byrd and Perry County TN and signed for by Hugh Henson (tlc) (Entered: 09/09/1998)	RECAP
12	Sept. 8, 1998	RETURN OF SERVICE executed by certified mail upon deft Van Buren County TN on 8/27/98 and signed for by Carolyn Houston (tlc) (Entered: 09/09/1998)	RECAP
13	Sept. 8, 1998	RETURN OF SERVICE executed by certified mail upon deft Houston County TN on 9/1/98 and signed for by Carole Robinson (tlc) (Entered: 09/09/1998)	RECAP
14	Sept. 10, 1998	MOTION by deft Van Buren County TN to extend time 30 days to answer complaint (tlc) (Entered: 09/10/1998)	RECAP
15	Sept. 10, 1998	AFFIDAVIT of Howard L. Upchurch in support of deft Van Buren County's motion to extend time to answer complaint [14-1] (tlc) (Entered: 09/10/1998)	RECAP
16	Sept. 11, 1998	ORDER by Judge Thomas A. Higgins granting deft Van Buren Co's motion to extend time an additional 30 days to answer complaint [14-1] (cc: all counsel) (EOD 9/11/98) (tlc) (Entered: 09/11/1998)	RECAP
17	Sept. 11, 1998	LETTER from deft Lewis County TN's atty Thomas Donnell advising the atty appearance filed by Donnell was not to include Lewis County, just the other three; therefore, Donnell will be removed as atty representing Lewis Co (tlc) (Entered: 09/11/1998)	RECAP
18	Sept. 11, 1998	MOTION by deft Tennessee State of to extend time to answer complaint until 10/5/98 (pl) (Entered: 09/11/1998)	RECAP
19	Sept. 11, 1998	ORDER by Judge Thomas A. Higgins granting deft State of TN's motion to extend time to answer complaint until 10/5/98 [18-1] (cc: all counsel) (EOD 9/14/98) (tlc) (Entered: 09/14/1998)	RECAP
20	Sept. 15, 1998	ATTORNEY APPEARANCE for deft Cocke County TN by John Edward Quinn (tlc) (Entered: 09/16/1998)	RECAP
21	Sept. 15, 1998	ATTORNEY APPEARANCE for defts: Bledsoe County TN, Decatur County TN, Grainger County TN, Houston County TN, Perry County TN, Pickett County TN, Trousdale County TN & Van Buren County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 09/16/1998)	RECAP
22	Sept. 15, 1998	MOTION by defts: Bledsoe County TN, Chester County TN, Decatur County TN, Grainger County TN, Hawkins County TN, Houston County TN, Johnson County TN, Meigs County TN, Perry County TN, Pickett County TN, Trousdale County TN & Van Buren County TN to extend time through 10/16/98, to respond to the complaint in this action (tlc) (Entered: 09/16/1998)	RECAP
23	Sept. 17, 1998	CERTIFICATE of Good Standing filed by deft Hancock County TN on behalf of Floyd W. Rhea; Eastern District of TN (tlc) (Entered: 09/18/1998)	RECAP
24	Sept. 18, 1998	ORDER by Judge Thomas A. Higgins granting defts: Bledsoe Co, Chester Co, Decatur Co, Grainger Co, Hawkins Co, Houston Co, Johnson Co, Meigs Co, Perry Co, Pickett Co, Trousdale Co and Van Buren Co's motion to extend time through 10/16/98, to respond to the complaint in this action [22-1] (cc: all counsel) (EOD 9/18/98) (tlc) (Entered: 09/18/1998)	RECAP
25	Sept. 22, 1998	MOTION by deft: Claiborne County TN, Clay County TN, Cocke County TN, Fayette County TN, Lake County TN & Moore County TN to extend time to 10/16/98 to respond to the complaint (tlc) (Entered: 09/23/1998)	RECAP
26	Sept. 23, 1998	ORDER by Judge Thomas A. Higgins granting defts: Claiborne Co, Clay Co, Cocke Co, Fayette Co, Lake Co and Moore Co's motion to extend time to 10/16/98 to respond to the complaint [25-1] (cc: all counsel) (EOD 9/23/98) (tlc) (Entered: 09/23/1998)	RECAP
27	Sept. 23, 1998	ATTORNEY APPEARANCE for deft Jackson County TN by William Lawrence Draper (tlc) (Entered: 09/23/1998)	RECAP
28	Sept. 28, 1998	ATTORNEY APPEARANCE for deft Van Buren County TN by Larry B. Stanley (mk) (Entered: 09/29/1998)	RECAP
29	Sept. 30, 1998	ATTORNEY APPEARANCE for deft Lewis County TN by John Edward Quinn (tlc) (Entered: 09/30/1998)	RECAP
30	Sept. 30, 1998	ATTORNEY APPEARANCE for deft Cannon County TN by John Edward Quinn (tlc) (Entered: 09/30/1998)	RECAP
31	Sept. 30, 1998	MOTION by deft Cannon County TN & deft Lewis County TN to extend time to 10/16/98 to respond to the complaint (tlc) (Entered: 09/30/1998)	RECAP
32	Sept. 30, 1998	ATTORNEY APPEARANCE for deft Hickman County TN & deft Jefferson County TN by David Randall Mantooth (tlc) (Entered: 10/01/1998)	RECAP
33	Oct. 1, 1998	ORDER by Judge Thomas A. Higgins granting defts Cannon and Lewis Co's motion to extend time to 10/16/98 to respond to the complaint [31-1] (cc: all counsel) (EOD 10/1/98) (tlc) (Entered: 10/01/1998)	RECAP
34	Oct. 1, 1998	ORDER by Judge Thomas A. Higgins; time is extended to 10/9/98 for defts Hickman and Jefferson Counties to respond to the complaint in this action (cc: all counsel) (EOD 10/1/98) (tlc) (Entered: 10/01/1998)	RECAP
35	Oct. 2, 1998	ATTORNEY APPEARANCE for deft Polk County TN & deft Jackson County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 10/05/1998)	RECAP
36	Oct. 5, 1998	MOTION by deft State of Tennessee to dismiss (tlc) (Entered: 10/05/1998)	RECAP
37	Oct. 5, 1998	MEMORANDUM by deft State of Tennessee in support of motion to dismiss [36-1] (tlc) (Entered: 10/05/1998)	RECAP
38	Oct. 9, 1998	MOTION by pltfs to extend time to respond to State of Tenn motion to dismiss (pl) (Entered: 10/09/1998)	RECAP
39	Oct. 9, 1998	MOTION by pltfs to extend time to file motion for determination of class action (pl) (Entered: 10/09/1998)	RECAP
40	Oct. 9, 1998	COMPLAINT - CLASS ACTION [1-1] by pltfs (tlc) (Entered: 10/13/1998)	RECAP
41	Oct. 9, 1998	ORDER by Judge Thomas A. Higgins granting pltfs' motion to extend time to 11/9/98 to respond to State of Tenn motion to dismiss [38-1][36-1] (cc: all counsel) (EOD 10/13/98) (tlc) (Entered: 10/13/1998)	RECAP
42	Oct. 9, 1998	ORDER by Judge Thomas A. Higgins granting pltfs' motion to extend time to file motion for determination of class action [39-1]; time for filing will be determined at CMC (cc: all counsel) (EOD 10/13/98) (tlc) (Entered: 10/13/1998)	RECAP
43	Oct. 22, 1998	ANSWER by deft Bledsoe County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
44	Oct. 22, 1998	ANSWER by deft Chester County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
45	Oct. 22, 1998	ANSWER by deft Decatur County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
46	Oct. 22, 1998	ANSWER by deft Grainger County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
47	Oct. 22, 1998	ANSWER by deft Hawkins County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
48	Oct. 22, 1998	ANSWER by deft Houston County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
49	Oct. 22, 1998	ANSWER by deft Jackson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
50	Oct. 22, 1998	ANSWER by deft Johnson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
51	Oct. 22, 1998	ANSWER by deft Meigs County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
52	Oct. 22, 1998	ANSWER by deft Perry County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
53	Oct. 22, 1998	ANSWER by deft Pickett County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
54	Oct. 22, 1998	ANSWER by deft Polk County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
55	Oct. 22, 1998	ANSWER by deft Trousdale County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
56	Oct. 22, 1998	ANSWER by deft Van Buren County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)	RECAP
57	Oct. 23, 1998	CLERK'S RESUME Case Management Conference set for 10/23/98 is reset for 1/8/99 at 1:30 C/R : J. Spence (tlc) (Entered: 10/26/1998)	RECAP
58	Oct. 26, 1998	ORDER by Judge Thomas A. Higgins; for reasons stated on the record at the hearing on 10/23/98, a second case management conference shall be held in this action: Case Management Conference reset for 1:30 on 1/8/99 (cc: all counsel) (EOD 10/26/98) (tlc) (Entered: 10/26/1998)	RECAP
59	Oct. 30, 1998	ANSWER by deft Hickman County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/02/1998)	RECAP
60	Oct. 30, 1998	ANSWER by deft Jefferson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/02/1998)	RECAP
61	Nov. 6, 1998	RESPONSE by pltf to motion to dismiss [36-1] (tlc) (Entered: 11/09/1998)	RECAP
62	Nov. 10, 1998	ORDER by Judge Thomas A. Higgins denying deft State of TN's motion to dismiss [36-1] (cc: all counsel) (EOD 11/12/98) (tlc) (Entered: 11/12/1998)	Clearinghouse
63	Nov. 19, 1998	ANSWER by deft Cannon County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
64	Nov. 19, 1998	ANSWER by deft Claiborne County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
65	Nov. 19, 1998	ANSWER by deft Clay County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
66	Nov. 19, 1998	ANSWER by deft Cocke County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
67	Nov. 19, 1998	ANSWER by deft Fayette County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
68	Nov. 19, 1998	ANSWER by deft Lake County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
69	Nov. 19, 1998	ANSWER by deft Lewis County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
70	Nov. 19, 1998	ANSWER by deft Moore County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)	RECAP
71	Nov. 25, 1998	MOTION by deft Tennessee State of to extend time to 12/7/98 to answer (tlc) (Entered: 11/30/1998)	RECAP
72	Nov. 30, 1998	ORDER by Judge Thomas A. Higgins granting deft State of TN's motion to extend time to close of business on 12/7/98 to answer complaint [71-1] (cc: all counsel) (EOD 12/1/98) (tlc) (Entered: 12/01/1998)	RECAP
73	Dec. 2, 1998	NOTICE OF APPEAL by deft Tennessee State of from Dist. Court decision [62-1] (mg) (Entered: 12/03/1998)	RECAP
74	Dec. 2, 1998	RECEIVED filing fee and forwarded to 6th CCA, rcpt #66186 (mg) (Entered: 12/04/1998)	RECAP
75	Dec. 7, 1998	MOTION by deft State of Tennessee to stay pending appeal and memorandum of law in support thereof (mg) (Entered: 12/08/1998)	RECAP
76	Dec. 9, 1998	ANSWER by deft Hancock County TN to [40-1]; jury demand (mg) (Entered: 12/11/1998)	RECAP
77	Dec. 14, 1998	RESPONSE by Polk County TN, Bledsoe County TN, Chester County TN, Decatur County TN, Grainger County TN, Hawkins County TN, Houston County TN, Jackson County TN, Johnson County TN, Meigs County TN, Perry County TN, Pickett County TN, Trousdale County TN and Van Buren County TN to motion to stay pending appeal [75-1] (gi) (Entered: 12/15/1998)	RECAP
78	Dec. 17, 1998	RESPONSE by pltfs to motion to stay pending appeal [75-1] with Exh A attached (mg) (Entered: 12/18/1998)	RECAP
79	Dec. 17, 1998	MOTION by pltfs for class certification (mg) (Entered: 12/18/1998)	RECAP
80	Dec. 17, 1998	RESPONSE by deft State of TN to motion to stay pending appeal [75-1] (mg) (Entered: 12/18/1998)	RECAP
81	Dec. 17, 1998	MOTION by Dennis Cantrel, Ann Marie Zappola and Ralph E. Ramsey,Sr. for joinder in complaint (mg) (Entered: 12/18/1998)	RECAP
82	Dec. 17, 1998	MOTION by deft Van Buren County TN to substitute attorney Thomas Donnell, Jr. and remove Larry B. Stanley, Jr. (mg) (Entered: 12/18/1998)	RECAP
83	Dec. 18, 1998	ORDER by Judge Thomas A. Higgins granting motion to substitute attorney [82-1] Thomas Donnell, Jr., and remove attorney Larry B. Stanley for Van Buren County TN (cc: all counsel) EOD 12/18/98 (mg) (Entered: 12/18/1998)	RECAP
86	Dec. 21, 1998	NOTIFICATION by 6th CCA of Appellate Docket Number 98-6730 (mg) (Entered: 12/28/1998)	RECAP
84	Dec. 22, 1998	AGREED ORDER by Judge Thomas A. Higgins substituting attorney Thomas Donnell, Jr. for atty Larry B. Stanley, Jr. for deft (cc: all counsel) (EOD 12/22/98) (tlc) (Entered: 12/22/1998)	RECAP
85	Dec. 22, 1998	ORDER by Judge Thomas A. Higgins; defts will not be required to respond until the response date is determined at the CMC set for 1/8/99 (cc: all counsel) (EOD 12/22/98) (tlc) (Entered: 12/22/1998)	RECAP
87	Dec. 29, 1998	ORDER by Judge Thomas A. Higgins granting motion to stay pending appeal [75-1] (cc: all counsel) EOD 12/29/98 (mg) Modified on 09/16/2003 (Entered: 12/29/1998)	RECAP
88	Dec. 29, 1998	ORDER by Judge Thomas A. Higgins denying as moot motion for class certification [79-1] pending the outcome of the state's appeal. (cc: all counsel) EOD 12/29/98 (mg) (Entered: 12/29/1998)	RECAP
89	Dec. 29, 1998	ORDER by Judge Thomas A. Higgins denying as moot motion for joinder in complaint [81-1] pending the outcome of the State's appeal (EOD 12/29/98) (cc: all counsel) (mg) (Entered: 12/29/1998)	RECAP
90	Feb. 22, 1999	MOTION by pltfs Dennis Cantrel, Ann Marie Zappola, Ralph E. Ramsey to reconsider denial of motion for permissive joinder (mg) (Entered: 02/23/1999)	RECAP
91	March 26, 1999	ORDER by Judge Thomas A. Higgins granting motion to reconsider denial of motion for permissive joinder [90-1] vacating [89-1] order granting motion for joinder in complaint [81-1] (cc: all counsel) EOD 3/29/99 (mg) (Entered: 03/29/1999)	RECAP
92	Nov. 2, 1999	AGREED ORDER SUBSTITUTING COUNSEL by Judge Thomas A. Higgins: withdrawing attorney David Randall Mantooth for defts Jefferson County TN and Hickman County TN; substituting attorneys Nathan D Rowell and Pamela L. Reeves for defts Jefferson County TN and Hickman County TN (cc: all counsel) EOD 11/3/99 (bj) (Entered: 11/03/1999)	RECAP
93	June 8, 2000	MOTION by defts Hickman County TN, and Jefferson County TN for attorney Sarannah L. McMurtry to appear pro hac vice (mg) (Entered: 06/09/2000)	RECAP
94	June 8, 2000	AFFIDAVIT of Sarannah L. McMurtry re [93-1] (mg) (Entered: 06/09/2000)	RECAP
95	June 12, 2000	ORDER by Judge Thomas A. Higgins granting motion for attorney Sarannah L. McMurtry to appear pro hac vice [93-1] by defts Hickman County TN, Jefferson County TN (cc: all counsel) EOD 6/13/00 (mg) (Entered: 06/13/2000)	RECAP
96	June 12, 2000	AGREED ORDER FOR SUBSTITUTUION OF COUNSEL by Judge Thomas A. Higgins withdrawing attorney attorneys Pamela L. Reeves and Nathan D Rowell for Jefferson County TN, for Hickman County TN, and Sarannah L. McMurry substituted. (cc: all counsel) EOD 6/13/00 (mg) (Entered: 06/13/2000)	RECAP
97	July 18, 2002	INFORMATION COPY from 6th CCA dated 7/16/02 affirming district court's denial of Tennessee's mtn to dismiss and remanding case for further proceedings. (mk) (Entered: 07/19/2002)	RECAP
98	Sept. 23, 2002	ORDER from 6th CCA dated 9/20/02: Petition for rehearing is granted. Opinion and jgm of 7/16/02 are hereby withdrawn and case is restored to court's active docket. Parties further instructed to file briefs not in excess of 25 pages addressing the issue as outlined in the petitioner for rehearing, with each side's brief to be filed not later than close of business 10/23/02. Upon filing of briefs, court will proceed to dispose of the case. (mk) (Entered: 09/25/2002)	RECAP
99	Jan. 13, 2003	INFORMATION COPY from 6th CCA dated 1/10/03 (Amended Judgment on rehearing of an appeal): Ordered that district court's denial of deft State of TN's mtn to dismiss is affirmed and the case is remanded for further proceedings consistent with the opinion of this court. (mk) (Entered: 01/14/2003)	RECAP
100	May 28, 2003	NOTICE from Supreme Court Clerk that petition for writ of certiorari was filed 5/12/03 and placed on docket 5/15/03 as 02-1667 (mk) (Entered: 05/30/2003)	RECAP

Case: Lane v. Tennessee

3:98-cv-00731 | U.S. District Court for the Middle District of Tennessee

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