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 di…

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.

Summary Authors

Alex Colbert-Taylor (6/12/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6140689/parties/lane-v-tennessee-state-of/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Campbell, Todd J. (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Griffin, Juliet E. (Tennessee)

Higgins, Thomas Aquinas (Tennessee)

Martin, Boyce Ficklen Jr. (Kentucky)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Siler, Eugene Edward Jr. (Kentucky)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Campbell, Todd J. (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Griffin, Juliet E. (Tennessee)

Higgins, Thomas Aquinas (Tennessee)

Martin, Boyce Ficklen Jr. (Kentucky)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Siler, Eugene Edward Jr. (Kentucky)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Suhrheinrich, Richard Fred (Michigan)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (Massachusetts)

Brown, William J. (Tennessee)

Burnim, Ira Abraham (District of Columbia)

Dardarian, Linda M. (California)

Goldstein, Thomas C. (District of Columbia)

Housepian, Gary D. (Tennessee)

Lafferty, Martha M. (Tennessee)

Steele, Roberta L. (California)

Attorneys(s) for Defendant

Collier, Mary Martelle (Tennessee)

Donnell, Thomas M. Jr. (Tennessee)

Draper, William Lawrence (Tennessee)

Mantooth, David Randall (Tennessee)

McMurtry, Sarannah L. (Tennessee)

Moore, Michael E. (Tennessee)

Ogle, Stephen S. (Tennessee)

Quinn, John E. (Tennessee)

Reeves, Pamela Lynn (Tennessee)

Rhea, Floyd (Tennessee)

Rowell, Nathan D. (Tennessee)

Stanley, Larry B. (Tennessee)

Summers, Paul G. (Tennessee)

Tolson, Peggy (Tennessee)

Upchurch, Howard L. (Tennessee)

Other Attorney(s)

Anderson, Kristyn (Minnesota)

Archer, Dennis W. (Illinois)

Armstrong, Timothy K. (District of Columbia)

Arnwine, Barbara R. (District of Columbia)

Asbill, Sutherland (Georgia)

Babcock, Sherril Nell (California)

Booth, David M. (District of Columbia)

Bossing, Lewis (California)

Bowker, David W. (Illinois)

Brady, M. Jane (Delaware)

Broy, Andrew W. (Georgia)

Bruning, Jon (Nebraska)

Carbonez, Kristien (District of Columbia)

Center, Claudia B. (California)

Crank, Patrick J. (Wyoming)

Cunningham, Gary R. (Minnesota)

Dadey, Kristin M. (District of Columbia)

Danzig, Deborah M. (Georgia)

Davies, David W. (Kansas)

DeZago, Ralph James (Kansas)

Dillickrath, Thomas (District of Columbia)

Edmondson, W. A. Drew (Oklahoma)

Eng, Vincent A. (District of Columbia)

Foreman, Michael L. (District of Columbia)

Forrester, Nathan A. (Alabama)

Galanter, Seth Michael (District of Columbia)

Gans, Abbey (New York)

Groseclose, Richard (District of Columbia)

Harrington, Sarah E. (District of Columbia)

Hatch, Mike (Minnesota)

Haun, Kathryn R. (Alabama)

Hayes, Dennis Courtland (Maryland)

Henderson, Thomas J. (District of Columbia)

Ide, Jennifer N. (Georgia)

Kennedy, Harry (Kansas)

Kline, Phill (Kansas)

Kristen, Elizabeth (California)

Lawson, Nicole D. (Georgia)

Lester, Charles Jr. (Georgia)

Lieberman, Michael (New York)

Maer, Foster (New York)

Mathis, Jennifer (District of Columbia)

Mayerson, Arlene Brynne (California)

McAhren, Kristen (District of Columbia)

McCallum, Elizabeth B. (District of Columbia)

Menard, Richard H. Jr. (Alabama)

Minceberg, Elliot (District of Columbia)

Oppenheimer, James Chad (District of Columbia)

Pryor, William Holcombe Jr. (Alabama)

Rich, John Townsend (District of Columbia)

Rockoff, Jennifer M. (Illinois)

Roseborough, Teresa Wynn (Georgia)

Russell, Kevin K. (District of Columbia)

Sandoval, Brian Edward (Nevada)

Schaerr, Gene C. (District of Columbia)

Shurtleff, Mark L. (Utah)

Silver, Jessica Dunsay (District of Columbia)

Sinkfield, Richard H. (Georgia)

Stenehjem, Wayne (North Dakota)

Tower, Andrew P. (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Yee, Silvia (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 17, 2005 Docket
1

Complaint

Aug. 10, 1998 Complaint
62

Defendant State of Tennessee's Motion to Dismiss

Nov. 10, 1998 Pleading / Motion / Brief

Petition for a Writ of Certiorari

Tennessee v. Lane

Supreme Court of the United States

July 16, 2002 Pleading / Motion / Brief

Order

U. S. Court of Appeals for the Sixth Circuit

40 Fed.Appx. 911

July 16, 2002 Order/Opinion

Order [on petition for rehearing]

U. S. Court of Appeals for the Sixth Circuit

2002 U.S.App.LEXIS 20209

Sept. 20, 2002 Order/Opinion

Opinion (as amended)

U. S. Court of Appeals for the Sixth Circuit

315 F.3d 680

Jan. 10, 2003 Order/Opinion

Opinion

Tennessee v. Lane

Supreme Court of the United States

539 U.S. 941

June 23, 2003 Order/Opinion

Brief of Amici Curiae In Support of Petitioners

Tennessee v. Lane

Supreme Court of the United States

Sept. 8, 2003 Pleading / Motion / Brief

Brief for Amici Curiae Paralyzed Veterans of America, American Psychiatric Association, and 23 Other Organizations in Support of Respondents

Tennessee v. Lane

Supreme Court of the United States

Nov. 1, 2003 Pleading / Motion / Brief

Resources

Title Description External URL

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. Sept. 4, 2003 https://ncd.gov/publications/2003/Sept42003

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 http://www.oyez.org/cases/2000-2009/2003/2003_02_1667/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6140689/lane-v-tennessee-state-of/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150.00 Receipt # 64591 (bbj) (Entered: 08/18/1998)

Aug. 10, 1998 PACER
2

NOTICE of Initial Case Management Conference ; Case Management Conference set for 1:30 10/23/98 before Judge Higgins (bbj) (Entered: 08/18/1998)

Aug. 10, 1998 PACER
3

LETTER to William J. Brown re: Local Rule 1 (bbj) (Entered: 08/18/1998)

Aug. 18, 1998 PACER
4

CERTIFICATE of Good Standing filed by pltfs by atty William J. Brown (dcap) (Entered: 08/20/1998)

Aug. 20, 1998 PACER
5

ATTORNEY APPEARANCE for deft Meigs County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 08/28/1998)

Aug. 27, 1998 PACER
6

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)

Sept. 1, 1998 PACER
7

ATTORNEY APPEARANCE for deft Hancock County TN by Floyd W. Rhea (tlc) (Entered: 09/08/1998)

Sept. 8, 1998 PACER
8

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)

Sept. 8, 1998 PACER
9

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)

Sept. 8, 1998 PACER
10

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)

Sept. 8, 1998 PACER
11

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)

Sept. 8, 1998 PACER
12

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)

Sept. 8, 1998 PACER
13

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)

Sept. 8, 1998 PACER
14

MOTION by deft Van Buren County TN to extend time 30 days to answer complaint (tlc) (Entered: 09/10/1998)

Sept. 10, 1998 PACER
15

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)

Sept. 10, 1998 PACER
16

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)

Sept. 11, 1998 PACER
17

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)

Sept. 11, 1998 PACER
18

MOTION by deft Tennessee State of to extend time to answer complaint until 10/5/98 (pl) (Entered: 09/11/1998)

Sept. 11, 1998 PACER
19

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)

Sept. 11, 1998 PACER
20

ATTORNEY APPEARANCE for deft Cocke County TN by John Edward Quinn (tlc) (Entered: 09/16/1998)

Sept. 15, 1998 PACER
21

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)

Sept. 15, 1998 PACER
22

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)

Sept. 15, 1998 PACER
23

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)

Sept. 17, 1998 PACER
24

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)

Sept. 18, 1998 PACER
25

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)

Sept. 22, 1998 PACER
26

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)

Sept. 23, 1998 PACER
27

ATTORNEY APPEARANCE for deft Jackson County TN by William Lawrence Draper (tlc) (Entered: 09/23/1998)

Sept. 23, 1998 PACER
28

ATTORNEY APPEARANCE for deft Van Buren County TN by Larry B. Stanley (mk) (Entered: 09/29/1998)

Sept. 28, 1998 PACER
29

ATTORNEY APPEARANCE for deft Lewis County TN by John Edward Quinn (tlc) (Entered: 09/30/1998)

Sept. 30, 1998 PACER
30

ATTORNEY APPEARANCE for deft Cannon County TN by John Edward Quinn (tlc) (Entered: 09/30/1998)

Sept. 30, 1998 PACER
31

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)

Sept. 30, 1998 PACER
32

ATTORNEY APPEARANCE for deft Hickman County TN & deft Jefferson County TN by David Randall Mantooth (tlc) (Entered: 10/01/1998)

Sept. 30, 1998 PACER
33

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)

Oct. 1, 1998 PACER
34

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)

Oct. 1, 1998 PACER
35

ATTORNEY APPEARANCE for deft Polk County TN & deft Jackson County TN by Thomas Marshall Donnell Jr. (tlc) (Entered: 10/05/1998)

Oct. 2, 1998 PACER
36

MOTION by deft State of Tennessee to dismiss (tlc) (Entered: 10/05/1998)

Oct. 5, 1998 PACER
37

MEMORANDUM by deft State of Tennessee in support of motion to dismiss [36-1] (tlc) (Entered: 10/05/1998)

Oct. 5, 1998 PACER
38

MOTION by pltfs to extend time to respond to State of Tenn motion to dismiss (pl) (Entered: 10/09/1998)

Oct. 9, 1998 PACER
39

MOTION by pltfs to extend time to file motion for determination of class action (pl) (Entered: 10/09/1998)

Oct. 9, 1998 PACER
40

COMPLAINT - CLASS ACTION [1-1] by pltfs (tlc) (Entered: 10/13/1998)

Oct. 9, 1998 PACER
41

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)

Oct. 9, 1998 PACER
42

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)

Oct. 9, 1998 PACER
43

ANSWER by deft Bledsoe County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
44

ANSWER by deft Chester County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
45

ANSWER by deft Decatur County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
46

ANSWER by deft Grainger County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
47

ANSWER by deft Hawkins County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
48

ANSWER by deft Houston County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
49

ANSWER by deft Jackson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
50

ANSWER by deft Johnson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
51

ANSWER by deft Meigs County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
52

ANSWER by deft Perry County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
53

ANSWER by deft Pickett County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
54

ANSWER by deft Polk County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
55

ANSWER by deft Trousdale County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
56

ANSWER by deft Van Buren County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 10/22/1998)

Oct. 22, 1998 PACER
57

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)

Oct. 23, 1998 PACER
58

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)

Oct. 26, 1998 PACER
59

ANSWER by deft Hickman County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/02/1998)

Oct. 30, 1998 PACER
60

ANSWER by deft Jefferson County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/02/1998)

Oct. 30, 1998 PACER
61

RESPONSE by pltf to motion to dismiss [36-1] (tlc) (Entered: 11/09/1998)

Nov. 6, 1998 PACER
62

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)

Nov. 10, 1998 PACER
63

ANSWER by deft Cannon County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
64

ANSWER by deft Claiborne County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
65

ANSWER by deft Clay County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
66

ANSWER by deft Cocke County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
67

ANSWER by deft Fayette County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
68

ANSWER by deft Lake County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
69

ANSWER by deft Lewis County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
70

ANSWER by deft Moore County TN to amended complaint [40-1]; jury demand (tlc) (Entered: 11/20/1998)

Nov. 19, 1998 PACER
71

MOTION by deft Tennessee State of to extend time to 12/7/98 to answer (tlc) (Entered: 11/30/1998)

Nov. 25, 1998 PACER
72

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)

Nov. 30, 1998 PACER
73

NOTICE OF APPEAL by deft Tennessee State of from Dist. Court decision [62-1] (mg) (Entered: 12/03/1998)

Dec. 2, 1998 PACER
74

RECEIVED filing fee and forwarded to 6th CCA, rcpt #66186 (mg) (Entered: 12/04/1998)

Dec. 2, 1998 PACER
75

MOTION by deft State of Tennessee to stay pending appeal and memorandum of law in support thereof (mg) (Entered: 12/08/1998)

Dec. 7, 1998 PACER
76

ANSWER by deft Hancock County TN to [40-1]; jury demand (mg) (Entered: 12/11/1998)

Dec. 9, 1998 PACER
77

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)

Dec. 14, 1998 PACER
78

RESPONSE by pltfs to motion to stay pending appeal [75-1] with Exh A attached (mg) (Entered: 12/18/1998)

Dec. 17, 1998 PACER
79

MOTION by pltfs for class certification (mg) (Entered: 12/18/1998)

Dec. 17, 1998 PACER
80

RESPONSE by deft State of TN to motion to stay pending appeal [75-1] (mg) (Entered: 12/18/1998)

Dec. 17, 1998 PACER
81

MOTION by Dennis Cantrel, Ann Marie Zappola and Ralph E. Ramsey,Sr. for joinder in complaint (mg) (Entered: 12/18/1998)

Dec. 17, 1998 PACER
82

MOTION by deft Van Buren County TN to substitute attorney Thomas Donnell, Jr. and remove Larry B. Stanley, Jr. (mg) (Entered: 12/18/1998)

Dec. 17, 1998 PACER
83

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)

Dec. 18, 1998 PACER
86

NOTIFICATION by 6th CCA of Appellate Docket Number 98-6730 (mg) (Entered: 12/28/1998)

Dec. 21, 1998 PACER
84

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)

Dec. 22, 1998 PACER
85

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)

Dec. 22, 1998 PACER
87

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)

Dec. 29, 1998 PACER
88

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)

Dec. 29, 1998 PACER
89

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)

Dec. 29, 1998 PACER
90

MOTION by pltfs Dennis Cantrel, Ann Marie Zappola, Ralph E. Ramsey to reconsider denial of motion for permissive joinder (mg) (Entered: 02/23/1999)

Feb. 22, 1999 PACER
91

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)

March 26, 1999 PACER
92

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)

Nov. 2, 1999 PACER
93

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)

June 8, 2000 PACER
94

AFFIDAVIT of Sarannah L. McMurtry re [93-1] (mg) (Entered: 06/09/2000)

June 8, 2000 PACER
95

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)

June 12, 2000 PACER
96

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)

June 12, 2000 PACER
97

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)

July 18, 2002 PACER
98

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)

Sept. 23, 2002 PACER
99

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)

Jan. 13, 2003 PACER
100

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)

May 28, 2003 PACER

State / Territory: Tennessee

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Aug. 10, 1998

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paraplegics alleging that Tennessee and a number of its counties had denied them physical access to that State’s courts

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Tennessee, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $972,000

Order Duration: 2005 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Access to public accommodations - governmental

Buildings

Government Services

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run