On March 25, 2015, a former inmate filed this class action lawsuit in the Tennessee Chancery Court for Davidson County to regain voting rights for all persons who have had their citizenship rights restored pursuant to Tennessee Code section 40-29-201. Like many other states, Tennessee revokes the voting rights of certain felons. Section 40-29-201, however, allows a state circuit court to restore those rights. The plaintiff brought this suit against the Coordinator of Elections for the State of Tennessee, and the Tennessee State Election Commission. The plaintiff claimed that despite having his rights restored in an earlier proceeding, the defendants refused to restore plaintiff's right to vote. Represented by private counsel, the plaintiff sought declaratory, injunctive, and other relief, asserting that the defendants had improperly refused to restore his right to vote.

The defendants soon moved to dismiss the complaint. Chancellor Ellen H. Lyle granted the motion, dismissing the case with prejudice for lack of subject matter jurisdiction and failure to state a claim for relief. The court held that the claims against the defendants in their official capacities were barred by sovereign immunity because the plaintiff did not allege that they were enforcing an unconstitutional statute. The class action certification was denied because the allegations of the complaint failed to satisfy the numerosity, commonality, and typicality requirements required by state law.

The plaintiff appealed to the Court of Appeals of Tennessee. On July 29, 2016, Judge Richard H. Dinkins affirmed dismissal of the complaint and denial of the application to amend, however, he modified the judgment to make the dismissal without prejudice. This case is now closed.

Abigail DeHart - 02/07/2017


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