Filed Date: Nov. 24, 2008
Closed Date: 2009
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On November 24, 2008, several Lawful Permanent Residents ("LPRs") who reside in Tennessee filed a class action lawsuit in the Middle District of Tennessee against the Tennessee Department of Safety, under the right to freedom of association under the First Amendment, the right to be free from unreasonable searches and seizures under the Fourth Amendment, the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment, the right to freedom of travel under Article IV, Section II of the U.S. Constitution, and Title VI of the Civil Rights Act of 1964. The plaintiffs, represented by private counsel, sought a declaratory judgment, injunctive relief, compensatory damages, punitive damages, and attorneys' fees, alleging that the defendant unlawfully withheld and confiscated the plaintiffs' green cards while the plaintiffs applied for a driver license or driver license renewal.
The plaintiffs pointed to two statutes passed in 2007 that demonstrated Tennessee's history of discriminatory treatment of foreign-born residents of Tennessee who are legally present in the U.S. The issue at hand here was with regards to Tennessee Department of Safety employees withholding or confiscating the green cards of LPRs without following the multi-step process already set in place by the agency. The plaintiffs alleged that there was no reason for their green cards to be confiscated. Since plaintiffs did not have their green cards, they were unable to obtain a driver license, unable to travel around or outside of the U.S., were at risk of violating a federal law requiring them to always have their green cards in their possession, and suffered other forms of emotional distress.
On March 26, 2009, the District Court (Magistrate Judge John S. Bryant) granted the plaintiffs' notice of voluntary dismissal.
Summary Authors
Perry Miska (3/31/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12398418/parties/bautista-v-tennessee-department-of-safety/
Bryant, John S. (Tennessee)
Nixon, John Trice (Tennessee)
Ozment, Harry Elliot (Tennessee)
Dawn, Marie Jordan (Tennessee)
Jordan, Dawn Marie (Tennessee)
Bryant, John S. (Tennessee)
Nixon, John Trice (Tennessee)
See docket on RECAP: https://www.courtlistener.com/docket/12398418/bautista-v-tennessee-department-of-safety/
Last updated Jan. 26, 2024, 3:11 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 24, 2008
Closing Date: 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are Lawful Permanent Residents who had their "green cards" confiscated by the Tennessee Department of Safety for an extended period of time when they tried applying for a driver license or a driver license renewal.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Tennessee Department of Safety, State
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Discrimination-basis:
National origin discrimination
Type of Facility:
Immigration/Border:
National Origin/Ethnicity: