Filed Date: March 25, 2015
Clearinghouse coding complete
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 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 citizenship 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 any other relief the court found reasonable and necessary, 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.
Summary Authors
Abigail DeHart (2/7/2017)
Hannah Greenhouse (3/23/2019)
Dinkins, Richard Hovey (Tennessee)
McClellan, Elizabeth R. (Tennessee)
Dinkins, Richard Hovey (Tennessee)
Last updated Aug. 30, 2023, 1:40 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Tennessee
Case Type(s):
Key Dates
Filing Date: March 25, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Former felons seeking the right to vote.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Tennessee State Election Commission (Nashville, Davidson), State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: