Tag Archives: lawsuit

Judge lifts abortion law restraining order

NASHVILLE, Tenn. (AP) — A federal judge has lifted a temporary restraining order that prevented the state from enforcing a new abortion law but says he may hold another hearing this week.

The Tennessean (http://tnne.ws/1gY8hSl ) reports U.S. District Judge Kevin Sharp lifted the order Monday. He granted it in June to allow the Women’s Center in Nashville and the Bristol Regional Women’s Center in East Tennessee to start the licensing process under the new law that went into effect July 1.

Attorneys for the clinic operators say their physicians are concerned about possible prosecution or loss of license under the new law. The lawyer defending the lawsuit disputed that, but the judge said it was a possibility and said he would hold an emergency hearing Thursday if district attorneys aren’t willing to submit statements that they won’t seek charges.

Lawsuit contends TN election officials wrongfully failing to restore felon voting rights

A lawsuit contends that Tennessee election officials are ignoring court orders to restore voting rights for former felons, reports The Huffington Post.

Nashville-area attorney Elizabeth R. McClellan filed the suit in March against the State Election Commission and its elections coordinator, Mark Goins, on behalf of one former felon, Robert O’Neal, and others who may have been affected by the discord between the courts and the commission. McClellan filed the suit as class-action litigation, although a judge has not yet certified it as such.

…Tennessee is one of just 11 states that permanently disenfranchise citizens from voting. People in the state convicted of murder, treason, rape, voter fraud or sexual offenses can’t petition to have their voting rights restored once they finish their sentence and parole. Any other convicted felons who have paid restitution and outstanding child support may apply to the state Election Commission to have their voting rights restored. Alternatively, they may ask a circuit court judge to hear their case to have their full citizenship rights restored, including voting rights. The state may object on any grounds relevant to character during the court proceedings.

In a 2014 report, the Tennessee Advisory Committee to the U.S. Commission on Civil Rights estimated that more than 160,000 former felons are currently disenfranchised in the state, with African-Americans disproportionately affected by the state’s voting rights ban.

McClellan’s suit argues that Goins is incorrectly interpreting state law to subvert a judicial order dictating that O’Neal’s citizenship rights be restored.

“They’re holding his right to vote hostage,” she told The Huffington Post. “They seem to believe that they have every right to not enforce the order that my client and similarly situated people like him obtained through the Tennessee judicial citizenship rights statute because those orders are not lawful.”

“In their opinion, the sole person who gets to decide who is eligible to have their voting rights restored is the state coordinator of elections and his office, with no due process, no oversight, no administrative hearing and no appeal,” she continued. “They’re simply allowed to receive orders and conduct their own special investigation, and if they think [the restoration applicants] don’t pass muster, they simply refuse to enforce [the orders].”

The suit asks for mandatory enforcement of orders like the one to restore O’Neal’s rights. It also calls for a determination as to whether the Election Commission has the power to override court orders. McClellan has filed a motion for a default judgment in favor of her case, while the state attorney general’s office has filed a motion to dismiss the suit. A hearing will be held May 22 on the motion to dismiss.

…Goins, who formerly served in the state legislature and now represents Tennessee on the U.S. Election Assistance Commission’s Standards Board, said in 2009 that while the restoration of voting rights may take some time, “it’s not a complicated process.” His office said it could not comment on ongoing litigation.

Clayton sues TN Democrats (again)

A potential Tennessee gubernatorial candidate has sued top state Democrats who ousted him from their 2014 ballot for not being “bona fide” under party rules, reports the Chattanooga TFP.

Mark Clayton, a well-known anti-gay-rights activist, qualified as a Democrat for the governor’s race, but the state party last week disavowed him and asked that his name be removed from its list of qualified candidates.

In response, Clayton filed a 14-page complaint in U.S. District Court in Nashville against state Party Chairman Roy Herron and a host of other state Democrats, saying they broke party bylaws, perjured themselves and violated a host of laws while challenging his candidacy.

He says party bylaws require a challenger to come forward to the party’s County Development Board and challenge him. In this case, he claims the challenge was presumed and not valid.

“The actions against [Clayton] by defendants was wholly derived from fraud and then presented in the conclusion in Mr. Herron’s letter as that [Clayton] is not a bona fide Democrat to the Tennessee Division of Elections, improperly, with the force of law,” the suit claims.

Hamilton County Democratic Party Chairman Terry Lee, who sits on the state party’s county development committee and is named in the suit, said the decision to oust Clayton “was a pretty easy one.”

…In the suit, Clayton asks the court to bar the state party from making any more fraudulent statements about him, and asks that some of them be charged with crimes.

Clayton won the 2012 Democratic Senate nomination with 30 percent of the vote in a largely unknown field. The next day, Democrats found out he was a conservative activist who had served as vice president of Public Advocate of the United States, a Washington, D.C.-based group that opposed gay rights. The Southern Poverty Law Center has labeled it a “hate group.”

…Clayton later sued the party’s chairman and other party officials. That lawsuit is still pending.

Winfield Dunn: John Jay Hooker is Right on Retention Elections

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Former Tennessee Gov. Winfield Dunn, who in 1971 signed a bill into law that changed the way the state selects appeals judges, on Friday said that enacting the bill was a mistake.
From The Tennessean:
“At the time I signed it, I felt constrained by many other issues,” Dunn said. “I regret signing the retention election bill.”
Those comments followed a hearing at the Tennessee Supreme Court in which attorney John Jay Hooker, merciless critic of judicial appointments, presented his argument that state law says appeals judges ought to be elected by voters, not appointed. It’s a position Hooker has championed in court but lost so many times that, some joke, everyone has lost count — even Hooker himself.
“If you want to wear those black robes, not just for this afternoon, you have to run for it, and run the risk of losing,” Hooker said in a theatrical performance, punctuated by finger wags and podium pounds. “It’s not fun to lose. I’ve become a professional at it.”
The judges were not the typical members of the state’s high. Instead, they were appointed by Gov. Bill Haslam after Hooker complained that the usual justices shouldn’t hear the case since they were all chosen through the current system.
Hooker, a former Democratic candidate for governor who lost to Dunn, has sued the state and asked the special court to reverse a 1973 decision, Higgins v. Dunn, which supported the current system.
…Attorney Janet Kleinfelter, representing the state, said it was not the first time but should be the last time the state defends the way appeals judges are elected, known formally as the Tennessee Plan.
Kleinfelter pointed out that the system has twice held up on appeal, and that other state supreme courts, such as Georgia’s, have concluded that appointing appeals judges is constitutional.
“This judicial system is entitled to finality,” Kleinfelter said.

Tentative Deal Would Settle Pilot Flying J Rebate Lawsuits

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A federal judge has granted preliminary approval to a proposed settlement agreement between Pilot Flying J and several trucking companies that had sued over allegations of fuel rebate fraud, reports the News Sentinel.
U.S. District Judge James M. Moody signed the order on Tuesday. Several plaintiffs had previously filed a memo in U.S. District Court in Arkansas highlighting a proposed deal that was also supported by the Knoxville-based truck stop chain.
Tom Ingram, a spokesman for Pilot, said Tuesday the company was aware that the deal was being considered by a judge, “but we can’t comment until and if he rules.”
In addition, Nashville attorney Aubrey Harwell, who is representing Pilot, on Tuesday guessed that the total rebates owed by Pilot to all of its customers — not just the plaintiffs involved in the latest settlement — could be as much as $35 million.
A memo filed on Tuesday by attorneys for the plaintiffs in the settlement deal said it was “an extraordinarily good result for the class.”
It said the deal involves full repayment by Pilot of any amount owed, plus 6 percent interest. In addition, Pilot would pay all attorneys fees plus an “incentive award” to each plaintiff.
“All accounts will be audited, and the auditors will be audited, all at the expense of Defendants,” the memo said. “Moreover, Defendants will submit to an injunction to prohibit these underpayments from occurring in the future.”
According to the judge’s order, Horne LLP will review the work performed by Pilot’s auditor in calculating the compensation to be paid to eligible class members in the deal.
Parties to the agreement include National Trucking Financial Reclamation Services, Edis Trucking, Townes Trucking and R&R Transportation….Pilot said that as of Tuesday, it is aware of at least 13 other lawsuits pending in other courts based on substantially similar allegations.

Lawsuit names TN as prospective location for horse slaughter plant

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COLUMBIA, Mo. (AP) — Animal protection groups are suing the U.S. Department of Agriculture to try to block the revival of domestic horse slaughter at commercial processing plants.
The Humane Society of the United States, Front Range Equine Rescue of Larkspur, Colo., three other groups and five individuals filed a federal lawsuit Monday seeking an emergency injunction to overturn the USDA’s recent permit approval for a horse meat plant in Roswell, N.M.
Four of the named plaintiffs are Roswell residents; the fifth lives in Gallatin, Mo., where a Rains Natural Meats equine slaughterhouse could next receive federal approval.
On Tuesday, the federal agency approved a horse slaughter plant in Sigourney, Iowa, and expects to endorse another request later this week. The Humane Society’s lawsuit named prospective processing plants in Gallatin and Rockville, Mo.; Woodbury, Tenn.; and Washington, Okla.
(Note: A 2012 bill by Rep. Andy Holt, D-Dresden, would have erected legal hurdles for any lawsuits against establishing horse slaughterhouses and included a declaration that “the General Assembly intends to encourage the location of equine slaughter and processing facilities in Tennessee that meet all sanitary, safety and humane slaughter requirements.” The measure made it to the House floor, but was never put to a floor vote.)
Horse slaughterhouses last operated in the U.S. in 2007 before Congress banned the practice by eliminating funding for plant inspections. Federal lawmakers restored those cuts in 2011, but the USDA has been slow in granting permits, citing the need to re-establish an oversight program. In a written statement Tuesday, the agency said it was legally required to approve Responsible Transportation’s plant in southeast Iowa.

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Judge Lets Layoffs of State Workers Proceed

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Gov. Bill Haslam is readying plans to lay off about 200 state workers by week’s end after a state judge on Monday lifted her temporary injunction on the planned firings, reports the Chattanooga Times-Free Press.
Ruling from the bench, Circuit Court Judge Amanda McClendon said state officials did not break any laws in their handling of the firings because they had no legal duty to help employees find new jobs within state government.
The judge also found no irreparable harm was done when the state froze hiring for weeks in the midst of a 60-day layoff period in May and June when officials took down their NeoGov online listings for available jobs.
Haslam’s legal counsel, Herbert Slatery, later said the administration is “generally pleased” with McClendon’s ruling lifting of the temporary restraining order she signed June 10 after the Tennessee State Employees Association and a group of 15 employees filed suit.
The Human Resources Department said the filled positions in eight departments will be “effective and off the books by the end of the week.”
The state had intended to lay off some 70 state Labor and Workforce Development employees and others June 18 and 19.
Friday is the last work day for dozens of General Services workers in Chattanooga, Nashville and other parts of the state. The state is outsourcing management and maintenance of all state-owned buildings.
Jones Lang LaSalle, the real estate services firm taking over the oversight of state buildings on July 1, hired only 31 of 126 employees, according to one state filing. Another 10 employees found other positions within state government. Some are retiring.

Judge Keeps State Employee Layoffs on Hold for Another Week

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Dozens of state employees who faced being fired this week by Gov. Bill Haslam will hold on to their jobs until at least next week after a Nashville judge on Monday granted a one-week extension of her temporary restraining order, reports Andy Sher.
Circuit Court Judge Amanda McClendon said she was not ready to render a decision in the challenge brought by the Tennessee State Employees Association but expects to rule on the case this coming Monday.
The move came after 90 minutes of spirited arguments and a flurry of court filings by attorneys for the state employees group and the Tennessee Attorney General’s Office over whether the Haslam administration did or didn’t violate state law in the layoff process.
State employees’ attorney Larry Woods argued administration officials didn’t follow state law in plans to lay off more than 200 workers because they froze hiring for other positions during the 60-day notice period and on May 9 shut down the state’s NeoGov website, which lists available state job openings.
That was 20 days into the layoff notice for dozens of employees and about a week into it for more than 100 others. It will be back online Wednesday.
That’s too late for some workers whose jobs end today or Wednesday, according to the state employees’ group.
Woods said the 2012 Tennessee Excellence, Accountability and Management Act requires job counseling and opportunities to find other jobs within state government during the entire 60-day period.
But Leslie Bridges, senior counsel in the state attorney general’s office, countered the issue “really boils down” to whether the state even has to have job openings and said “the answer is no.”
The NeoGov website, Bridges said, had to be taken down and hiring frozen while new salary schedules were implemented in the state’s Edison payroll system for 37,000 employees.

Judge Rules Occupy Nashville Protesters’ Rights Were Violated

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NASHVILLE, Tenn. (AP) — A federal judge has ruled in favor of members of the Occupy Nashville movement who claimed their free speech rights were violated when they were arrested while protesting in 2011 on War Memorial Plaza.
U.S. District Court Judge Aleta A. Trauger wrote in an order issued on Wednesday that the seven plaintiffs’ rights to engage in constitutionally protected free speech activity was violated when they were arrested based on a hastily written rule that banned camping on the plaza.
The plaintiffs sued Gov. Bill Haslam, Safety Commissioner Bill Gibbons and Commissioner of General Services Steven Cates. Trauger’s order denied some of the plaintiffs’ claims but also said that they had prevailed in proving that the state officials could be held liable on claims of violations of free speech rights, violation of due process and unlawful arrest.
Following the national Occupy Wall Street movement, protesters began a 24-hour-a-day presence on the plaza outside of the state Capitol in early October 2011. But the state started getting complaints about trash and public urination and other problems. The state then issued a new policy banning overnight camping on the state property.
In the early morning of Oct. 28, 2011, several protesters were arrested, but a local judicial commissioner refused to sign the arrest warrants because there had not been enough notice of the policy change. The following night, more protesters were arrested, but they were released with misdemeanor citations.
Trauger wrote in her order that even though the state had concerns about public safety on the plaza, officials still had to follow the law to address those concerns.
“Instead, without providing adequate notice to the public at large, they informally attempted to change the law overnight, made no record of the proceedings, and failed to consult with the Attorney General, who otherwise must pass on the constitutional validity of any rule (whether adopted through traditional or emergency procedures) before it becomes law,” Trauger wrote.
David Briley, an attorney representing the Occupy Nashville group, called the ruling a resounding victory for the principles of free speech and protest.

New John Jay Hooker Lawsuit Challenges Plan to Appoint 3 New Judges

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NASHVILLE – John Jay Hooker has filed a lawsuit aimed at blocking the appointment of successors to three appeals court judges who plan to retire Aug. 31, 2014, contending move will wrongfully deny voters the right to make choices in the Aug. 7, 2014, election.
“They have created a situation so there will be no election for their seats,” said Hooker, 82, a lawyer and past candidate for multiple political offices who has waged a series of legal battles against the state’s judicial selection system. “The state Constitution requires that there be an election… They are unconstitutionally calling off an election.”
The state’s Judicial Nominating Commission, which will cease to exist at the end of this month, has announced plans to select nominees to fill the three appeal court seats before then and send them to Gov. Bill Haslam.
Those announcing plans to retire effective Aug. 31, 2014, are Court of Appeals Judge Patricia Cottrell of Nashville, Court of Criminal Appeals Judge Joseph Tipton of Knoxville and Court of Appeals Judge Alan Highers of Memphis. The commission plans hearings June 27, 28 and 29 to select nominees.
Haslam intends to accept the nominations and make the appointments after “an appropriate amount of time” to review the nominees and make a decision, according to a gubernatorial spokesman.
Hooker’s lawsuit, filed in Davidson County Circuit Court, names Haslam, Tom Lawless, chairman of the Judicial Nominating Commission, and state Attorney General Bob Cooper as defendants. The lawsuit seeks an injunction against the commission submitting nominees and the governor acting on them.
Hooker said proceedings in the case will be before Circuit Court Judge Hamilton Gayden, who also presided over a separate recent Hooker lawsuit – one of several filed over the years – that challenged to system for selecting judges of the state Supreme Court and appeals courts.
Gayden ruled against Hooker on most points in that lawsuit, but found he was correct in one assertion – that the Court of Appeals and Court of Criminal Appeals judges should be assigned districts for election rather than be elected in a statewide vote.
A specially appointed state Supreme Court will hear arguments July 19 on that case. The state’s sitting Supreme Court justices all recused themselves from hearing the case.
No hearing has been scheduled yet in the new Hooker lawsuit. A spokeswoman for Cooper said the attorney general’s office had not served with a copy of the lawsuit Wednesday and would have no comment.
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Note: Hooker filed a copy of this story, which appeared earlier in the News Sentinel and this blog, as an exhibit in his new lawsuit.