Case: NAACP v. Lee

3:20-cv-01039 | U.S. District Court for the Middle District of Tennessee

Filed Date: Dec. 3, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The following was a case that challenged Tennessee’s voting rights restoration process for those convicted of felonies. On December 3, 2020, this class action suit was filed in the U.S. District Court for the Middle District of Tennessee. It challenged the state's statutory scheme for restoring the voting rights of people with felony convictions. The plaintiffs included the NAACP and several individuals who had been convicted of felonies. Defendants included Tennessee’s governor, the Commission…

The following was a case that challenged Tennessee’s voting rights restoration process for those convicted of felonies.

On December 3, 2020, this class action suit was filed in the U.S. District Court for the Middle District of Tennessee. It challenged the state's statutory scheme for restoring the voting rights of people with felony convictions. The plaintiffs included the NAACP and several individuals who had been convicted of felonies. Defendants included Tennessee’s governor, the Commissioner of the Department of Corrections, the Coordinator of Elections, and the Secretary of State. Suing under 42 U.S.C. § 1983, the plaintiffs alleged the voter restoration scheme was, at best, error-ridden and confusing, and at worse, discriminatory against indigent applicants. For example, the plaintiffs alleged that at least one county (Rutherford) charged a fee for production of the Certificate of Restoration (COR). The case was assigned to District Judge William L. Campbell, Jr.

The complaint listed the following counts:

  1. Violation of the Fourteenth Amendment’s procedural due process requirements for denying the statutory right to a COR.
  2. Violation of the Fourteenth Amendment’s procedural due process requirements for denying the fundamental right to vote.
  3. Violation of the Fourteenth Amendment’s Equal Protection Clause for arbitrary and unequal disenfranchisement.
  4. Violation of the National Voter Registration Act’s (NVRA) requirement to inform applicants of all eligibility requirements. Specifically, the state’s forms and process had failed to do so.
  5. Violation of the NVRA’s requirement that every eligible applicant is registered to vote. Specifically, they alleged defendants rejected all registration forms which indicated a felony conviction, even those that had never lost their right to vote or had the right restored.
  6. Violation of the First and Fourteenth Amendment for deprivation of the fundamental right to vote.
  7. Violation of the Twenty Fourth Amendment’s ban on poll taxes for the fees imposed within the COR process.

On top of injunctive relief and attorney’s fees, the plaintiffs sought to represent a class of Tennessee residents convicted of felonies who had completed their sentence, believed that they satisfied all other requirements to restore their voting rights under Tennessee, and had requested or planned to request a COR. They sought a permanent injunction requiring improvements to the voter restoration process and eliminating administrative fees for COR applicants.

On March 22, 2021, Judge Campbell signed a stipulated consent decree partially resolving the dispute. Rutherford county, the only county identified by the plaintiffs that charged administrative fees for CORs, would no longer charge such fees. The court retained jurisdiction over the case. The parties agreed to cover their own fees as it related to this issue.

On December 30, 2021, the defendants moved to dismiss all counts. On March 30, 2022, the court granted the motion only for count five without prejudice. The court reasoned that the NAACP’s First Notice Letter had not satisfied the NVRA’s pre-suit notice requirements.

On October 22, 2022, the plaintiffs filed their first amended complaint. The new complaint  added two additional individual plaintiffs. It also removed count five, which had alleged violations to the NVRA’s requirement that every eligible applicant is registered to vote.

On November 1, 2022, the plaintiffs moved the certify a class regarding counts one, two, and three. The proposed definition had changed to “Tennessee residents who have been disenfranchised because of a felony conviction and have requested or attempted to request a Certification of Restoration (“COR”) from the pardoning, incarcerating, or supervising authority, but to date have not received a COR sufficient to restore their voting rights.” On April 13, 2023, the court certified the class.

As of April 21, 2023, the case is ongoing.

Summary Authors

Jordan Katz (11/9/2021)

Eric Gripp (4/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18713658/parties/tennessee-conference-of-the-national-association-for-the-advancement-of/


Judge(s)

Campbell, William Lynn Jr. (Tennessee)

Attorney for Plaintiff

Baker, Natasha (District of Columbia)

Boettcher, Ellen (Tennessee)

Bowie, Blair S. (District of Columbia)

Attorney for Defendant

Barker, Zachary L. (Tennessee)

show all people

Documents in the Clearinghouse

Document

3:20-cv-01039

Docket [PACER]

Tennessee Conference of the National Association for the Advancement of Colored People v. Lee

Sept. 15, 2021

Sept. 15, 2021

Docket
1 & 1-1 to 1-3

3:20-cv-01039

Complaint for Declaratory and Injunctive Relief

Tennessee Conference of the National Association for the Advancement of Colored People v. Lee

Dec. 3, 2020

Dec. 3, 2020

Complaint
61

3:20-cv-01039

Consent Decree and Judgment Regarding Claim Against Defendant Melissa Harrell

Tennessee Conference of the National Association for the Advancement of Colored People v. Lee

March 22, 2021

March 22, 2021

Order/Opinion
61

3:20-cv-01039

Consent Decree and Judgment Regarding Claim Against Defendant Melissa Harrell

Tennessee Conference of the National Association for the Advancement of Colored People v. Lee

March 22, 2021

March 22, 2021

Order/Opinion
102

3:20-cv-01039

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 20, 2022

Oct. 20, 2022

Complaint
122

3:20-cv-01039

Memorandum

April 13, 2023

April 13, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18713658/tennessee-conference-of-the-national-association-for-the-advancement-of/

Last updated Feb. 7, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Goins, Tre Hargett, Melissa Harrell, William Lee, Tony C. Parker (Filing fee $402, Receipt number 0650-3268462), filed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. (Attachments: # 1 Exhibit A - COR form, # 2 Exhibit B - TN Mail-In App for Voter Registration, # 3 Exhibit C - Federal form for TN Voter Registration Application, # 4 Attachment - Civil Cover Sheet)(mg) (Entered: 12/03/2020)

1 Exhibit A - COR form

View on PACER

2 Exhibit B - TN Mail-In App for Voter Registration

View on PACER

3 Exhibit C - Federal form for TN Voter Registration Application

View on PACER

4 Attachment - Civil Cover Sheet

View on PACER

Dec. 3, 2020

Dec. 3, 2020

Clearinghouse

TN State Bar status verified as active for Charles K. Grant, Denmark J. Grant, Keeda Haynes admitted to this court. (mg)

Dec. 3, 2020

Dec. 3, 2020

PACER

NOTICE TO COUNSEL Keeda Haynes: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 12/24/2020. (mg)

Dec. 3, 2020

Dec. 3, 2020

PACER

D.C. Bar status verified as active for Danielle Lang, Mark P. Gaber, Phil Telfeyan, Natasha Baker not admitted to this court - Local counsel secured. (mg)

Dec. 3, 2020

Dec. 3, 2020

PACER

NOTICE TO COUNSEL Danielle Lang, Mark P. Gaber, Aseem Mulji, Phil Telfeyan, Natasha Baker: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 12/24/2020. (mg)

Dec. 3, 2020

Dec. 3, 2020

PACER
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
3

Summons issued as to Mark Goins, Tre Hargett, Melissa Harrell, William Lee, Tony C. Parker. Service copies will be returned to counsel (Charles Grant) by mail. (mg) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
4

NOTICE of Initial Case Management Conference set for 2/11/2021 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

RECAP
5

MOTION for attorney Aseem B. Mulji to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269292) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
6

MOTION for attorney Danielle M. Lang to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269444) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
7

CERTIFICATE OF GOOD STANDING of Attorney Danielle M. Lang from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
8

MOTION for attorney Mark P. Gaber to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3269455) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
9

CERTIFICATE OF GOOD STANDING of Attorney Mark P. Gaber from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
10

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. ยง 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 12/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP

NOTICE TO FILER re DE# 5 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (mg)

Dec. 7, 2020

Dec. 7, 2020

PACER
11

CERTIFICATE OF GOOD STANDING of Attorney Aseem B. Mulji from the United States District Court for the Central District of California filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER

CA State Bar status verified as active for Aseem Mulji not admitted to this court - Local counsel secured. (mg)

Dec. 8, 2020

Dec. 8, 2020

PACER
12

SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. William Lee served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
13

SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Tony C. Parker served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
14

SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Mark Goins served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
15

SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Tre Hargett served on 12/8/2020. (Grant, Charles) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
16

SUMMONS returned executed by John Weare, Tennessee Conference of the National Association for the Advancement of Colored People, Amanda Lee Martin, Benjamin Tournier, Curtis Gray Jr, Lamar Perry. Melissa Harrell served on 12/9/2020. (Grant, Charles) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
17

ORDER granting 5 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Aseem B. Mulji is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
18

ORDER granting 6 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Danielle M. Lang is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
19

ORDER granting 8 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Mark P. Gaber is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/17/20. (vk) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

Appear Pro Hac Vice

Dec. 17, 2020

Dec. 17, 2020

PACER
20

NOTICE by Tennessee Conference of the National Association for the Advancement of Colored People Regarding Pro Hac Vice and Admission Status of Plaintiff's Counsel (Grant, Denmark) (Entered: 12/24/2020)

Dec. 24, 2020

Dec. 24, 2020

PACER
21

NOTICE of Appearance by Nicholas Clinton Christiansen on behalf of Melissa Harrell (Christiansen, Nicholas) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
22

MOTION for Extension of Time to File Answer re 1 Complaint,, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
23

ORDER granting 22 Motion for Extension of Time to Answer Melissa Harrell answer due 2/10/2021. Signed by Magistrate Judge Jeffery S. Frensley on 12/30/2020. (am) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
24

MOTION to Dismiss by Mark Goins, Tre Hargett, William Lee. (Kleinfelter, Janet) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
25

MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, William Lee. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit Exh. 1 to Memorandum)(Kleinfelter, Janet) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
26

ORDER: 25 Motion for Leave to File Excess Pages is GRANTED. Counsel is advised to comply with Local Rule 7.01(a)(1) in the future. Signed by District Judge William L. Campbell, Jr on 12/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER

TN State Bar status verified as active for Nicholas Clinton Christiansen admitted to this court. (mg)

Jan. 4, 2021

Jan. 4, 2021

PACER
27

Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
28

ORDER granting 27 Motion for Extension of Time to File Response re 24 MOTION to Dismiss. The Court extends Plaintiffs' response deadline by two weeks to January 27, 2021. Signed by District Judge William L. Campbell, Jr on 1/8/2021. (mg) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
29

RESPONSE in Opposition re 24 MOTION to Dismiss filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Attachments: # 1 Exhibit A - 8/22/2018 letter, # 2 Exhibit B - 1/27/2021 letter)(Grant, Charles) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
30

MOTION for Leave to File Excess Pages by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER

NOTICE TO FILER re DE# 29, 30 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)

Jan. 28, 2021

Jan. 28, 2021

PACER
31

CERTIFICATE OF SERVICE by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare re 29 Response in Opposition to Motion, 30 MOTION for Leave to File Excess Pages (Grant, Charles) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
32

ORDER granting 30 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 1/28/2021. (mg) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
33

MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Kleinfelter, Janet) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
34

REPLY to Response to re 24 MOTION to Dismiss filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Kleinfelter, Janet) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
35

Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
36

MEMORANDUM in Support of 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker . (Campbell, Andrew) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
37

CERTIFICATE Corrected Certificate of Service filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker re 34 Reply to Response to Motion filed by Mark Goins, Tre Hargett, Tony C. Parker, William Lee, 33 MOTION for Leave to File Excess Pages filed by Mark Goins, Tre Hargett, Tony C. Parker, William Lee. (Kleinfelter, Janet) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
38

ORDER granting 33 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 2/4/2021. (mg) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
39

RESPONSE in Opposition re 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
40

REPLY to Response to re 35 Joint MOTION to Continue Initial Case Management Conference and to Stay Discovery filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
41

MOTION for attorney Blair Bowie to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3309452) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
42

CERTIFICATE OF GOOD STANDING of Attorney Blair Bowie from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
43

MOTION for attorney Natasha Baker to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3309490) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
44

CERTIFICATE OF GOOD STANDING of Attorney Natasha Baker from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
45

MOTION for Oral Argument on Defendants' Motion to Dismiss re 24 MOTION to Dismiss by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
46

ORDER: Due to a conflict in the Court's calendar the Case Management Conference set for February 11, 2021 at 9:00 a.m. via telephone is hereby RESET for March 17, 2021 at 9:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 02/08/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER

D.C. Bar status verified as active for Blair Bowie not admitted to this court - Local counsel secured. (mg)

Feb. 8, 2021

Feb. 8, 2021

PACER
47

MOTION to Dismiss by Melissa Harrell. (Christiansen, Nicholas) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
48

MEMORANDUM in Support of 47 MOTION to Dismiss filed by Melissa Harrell . (Christiansen, Nicholas) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
49

RESPONSE in Opposition re 45 MOTION for Oral Argument on Defendants' Motion to Dismiss re 24 MOTION to Dismiss filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
50

ORDER granting 43 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Natasha Baker is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 2/18/21. (vk) Modified on 4/23/2021 (vk). (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER

Appear Pro Hac Vice

Feb. 18, 2021

Feb. 18, 2021

PACER
51

RESPONSE in Opposition re 47 MOTION to Dismiss of Defendant Harrell filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Attachments: # 1 Exhibit 1 - Decl. of Andrew Ron Fields, # 2 Exhibit 2 - Decl. of James W. Owens)(Grant, Charles) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
52

Unopposed MOTION for Extension of Time to File Response/Reply as to 51 Response in Opposition to Motion, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
53

ORDER granting 52 Motion for Extension of Time to File Reply re 47 MOTION to Dismiss. Reply due by 3/10/2021 re 51 RESPONSE in Opposition. Signed by District Judge William L. Campbell, Jr on 3/2/2021. (mg) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
54

Unopposed MOTION for Extension of Time to File Response/Reply as to 51 Response in Opposition to Motion, by Melissa Harrell. (Christiansen, Nicholas) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
55

ORDER granting 54 Motion for Extension of Time to File Reply re 51 RESPONSE in Opposition to 47 MOTION to Dismiss. Reply due by 3/16/2021. Signed by District Judge William L. Campbell, Jr on 3/11/2021. (mg) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
56

MOTION to Approve Consent Judgment by Tennessee Conference of the National Association for the Advancement of Colored People. (Grant, Charles) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

RECAP
57

PROPOSED CASE MANAGEMENT ORDER filed by Tennessee Conference of the National Association for the Advancement of Colored People. (Grant, Charles) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
58

SUPPLEMENT filed by Tennessee Conference of the National Association for the Advancement of Colored People re 56 Motion to Approve Consent Judgment. (Grant, Charles) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

RECAP
59

MOTION for attorney Dana M. Paikowsky to Appear Pro Hac Vice (Fee Paid) by Tennessee Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Attachment Cert Good Standing)(Grant, Charles) Modified on 4/19/2021 (mg). (Entered: 03/13/2021)

March 13, 2021

March 13, 2021

PACER

CA State Bar status verified as active for Dana M. Paikowsky not admitted to this court - Local counsel secured. (mg)

March 15, 2021

March 15, 2021

PACER
60

ORDER: For the reasons set forth herein, the Defendants' motion to postpone the initial case management conference and stay discovery (Docket No. 35 ) is GRANTED in part and DENIED in part. The initial case management conference in this matter will be continued. The parties shall contact the Court within fourteen (14) days of the ruling on the Defendants' Motion to Dismiss to reschedule the case management conference if necessary. The Court will delay entry of a case management order until that time. Discovery is stayed as to Counts 1, 2, 3,6 and 7. Discovery may commence with respect to all other claims asserted in the complaint without limitation. Signed by Magistrate Judge Jeffery S. Frensley on 3/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
61

CONSENT DECREE AND JUDGMENT REGARDING CLAIM AGAINST DEFENDANT MELISSA HARRELL: The Court has reviewed the proposed Consent Decree, and for good cause shown GRANTS the Parties' motion 56 . It is therefore ORDERED and ADJUDGED as follows: Count Seven of Plaintiffs' Complaint against Defendant Harrell is accordingly DISMISSED WITH PREJUDICE, and Plaintiff TN NAACP waives any claims based on conduct occurring before this Consent Decree. Plaintiff TN NAACP retains the right to bring claims based on future conduct. Because Count 7 is the only count against Defendant Harrell in Plaintiffs' Complaint, and because no other Plaintiffs in this suit, including the class action representatives, raise claims or allegations against Defendant Harrell, the Parties agree Defendant Harrell should be DISMISSED WITH PREJUDICE entirely as a Defendant in this action. This Consent Decree shall be effective immediately. Signed by District Judge William L. Campbell, Jr on 3/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

Clearinghouse
62

NOTICE of Change of Address by Charles K. Grant (Grant, Charles) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
63

MOTION for Reconsideration re 60 Order on Motion to Continue, and in the Alternative, MOTION to Expedite Consideration of Immunity Issues by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) Modified on 3/25/2021 (mg). (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
64

MEMORANDUM in Support of 63 MOTION for Reconsideration re 60 Order on Motion to Continue, and in the Alternative MOTION to Expedite Consideration of Immunity Issues filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare . (Grant, Charles) Modified on 3/25/2021 (mg). (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
65

RESPONSE in Opposition re 63 MOTION for Reconsideration re 60 Order on Motion to Continue,,, and in the Alternative MOTION to Expedite Consideration of Immunity Issues filed by Mark Goins, Tre Hargett, William Lee, Tony C. Parker. (Campbell, Andrew) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER

***DISREGARD, SEE RECEIPT 66 *** NOTICE TO COUNSEL Dana M. Paikowsky re 59 PHV: The $150 fee per motion has NOT BEEN PAID. Due immediately. (hb) Modified on 4/19/2021 (mg).

April 19, 2021

April 19, 2021

PACER
66

RECEIPT #34675061872 in the amount of $150 posted by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare re 59 Dana Paikowsky's Motion to Appear Pro Hac Vice. (mg) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
67

ORDER granting 59 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Dana M. Paikowsky is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 4/22/21. (vk) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER

Appear Pro Hac Vice

April 22, 2021

April 22, 2021

PACER
68

ORDER granting 41 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Blaire Bowie is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 4/23/2021. (vk) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER

Appear Pro Hac Vice

April 23, 2021

April 23, 2021

PACER
69

ORDER: Pending before the Court is the "Plaintiffs' Motion for Reconsideration/Motion to Expedite." Docket No. 63 . For the reasons set forth herein, Plaintiffs Motion for Reconsideration/Motion to Expedite (Docket No. 63 ) is DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 6/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
70

MOTION for attorney Alice C.C. Huling to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3392369) by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
71

CERTIFICATE OF GOOD STANDING of Attorney Alice C.C. Huling from the United States District Court for the District of Columbia filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare. (Grant, Charles) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER

D.C. Bar status verified as active for Alice C.C. Huling not admitted to this court - Local counsel secured. (mg)

June 17, 2021

June 17, 2021

PACER
72

ORDER granting 70 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Alice C. C. Huling to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 06/17/2021. (lh) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER

Appear Pro Hac Vice

June 17, 2021

June 17, 2021

PACER
73

NOTICE by Mark Goins, Tre Hargett, William Lee, Tony C. Parker re 24 MOTION to Dismiss of Supplemental Authority (Campbell, Andrew) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
74

RESPONSE filed by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare re 73 Notice (Other) filed by Mark Goins, Tre Hargett, Tony C. Parker, William Lee of Supplemental Authority. (Grant, Charles) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
75

JOINT Statement re Discovery Dispute. (Attachments: # 1 Exhibit A - Plaintiffs' First Request for Production of Documents, # 2 Exhibit B - Defendants' Responses to First Req for Prod of Docs, # 3 Exhibit C - Deficiency letter)(Grant, Charles) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
76

ORDER: A Case Management Conference is set for September 3, 2021, at 8:00 a.m. via telephone to discuss the discovery dispute. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 8/28/2021. (mg) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 9/3/2021. (Hearing lasted :57)(ms)

Sept. 3, 2021

Sept. 3, 2021

PACER
77

ORDER: The Court held a discovery dispute conference with the Parties on September 3, 2021 to discuss the matters set forth in the Joint Discovery Dispute Statement. Docket No. 75 . The Parties are directed to continue their meet and confer efforts based upon the guidance provided in the conference. In the event they are unable to resolve the matter, Plaintiffs may file a Motion to Compel without the requirement of further communication with the Court. Signed by Magistrate Judge Jeffery S. Frensley on 9/7/2021. (mg) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
78

ORDER: Pending before the Court is Plaintiffs' Motion for Oral Argument on Defendant's Motion to Dismiss. (Doc. No. 45 ). Oral argument will not aid the Court's decision on the pending motion at this time. Accordingly, the motion is DENIED. Signed by District Judge William L. Campbell, Jr on 9/13/2021. (mg) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
79

NOTICE by Mark Goins, Tre Hargett, William Lee, Tony C. Parker Letter Identifying Supplemental Authority (Kleinfelter, Janet) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
80

NOTICE by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare of Service of Subpoenas (Grant, Charles) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
81

NOTICE by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare of Withdrawal of Dana Paikowsky as Counsel for Plaintiffs (Grant, Charles) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
82

NOTICE by Curtis Gray Jr, Amanda Lee Martin, Lamar Perry, Tennessee Conference of the National Association for the Advancement of Colored People, Benjamin Tournier, John Weare of Supplemental Authority in Opposition to Motion to Dismiss (Grant, Charles) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 3, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The NAACP and various individual plaintiffs that had been disenfranchised due to a felony conviction. They also are representing a class of "Tennessee residents who have been disenfranchised because of a felony conviction and have requested or attempted to request a Certification of Restoration (“COR”) from the pardoning, incarcerating, or supervising authority, but to date have not received a COR sufficient to restore their voting rights."

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

ACLU Affiliates (any)

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commisioner (Nashville, Davidson), State

Coordinator of Elections (Nashville, Davidson), State

Secretary of State (Nashville, Davidson), State

Governor (Nashville, Davidson), State

County Clerk of Circuit Court (Murfreesboro, Rutherford), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Record-keeping

Voting:

Voting: General & Misc.

Voter qualifications

Voter registration rules