Johnson et al v. Bredesen et al

Filing 86

ORDER: Parties presented oral argument on their motions at a hearing conducted on 9/15/08. For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that the State Officials' motion for judgment 58 is meritorious and th at the defendants are entitled to judgment in their favor as a matter of law as to Counts One through Five of the Amended Complaint. Accordingly, the State Officials' motion is hereby GRANTED and Counts One through Five of the Amended Complaint are DISMISSED, leaving for adjudication only plaintiff Alexander Friedmann's due process claims under the United States and Tennessee Constitutions, set forth in Count Six of the Amended Complaint. Plaintiffs' Motion for Judgment 68 is h ereby DENIED. Further, because all claims brought by plaintiff Jim Harris, the only plaintiff who is a resident of Madison County, have been dismissed, the motion for summary judgment 76 filed by defendant Kim Buckley in her official capacity as Ad ministrator of Elections for Madison County, is hereby GRANTED. Likewise, because all claims brought by plaintiff Terrence Johnson, a Shelby County resident, have been dismissed, defendant James Johnson in his official capacity as Administrator of El ections for Shelby County is entitled to judgment in his favor as a matter of law. Accordingly, the claims against defendant Johnson are hereby DISMISSED. This matter is remanded to Magistrate Judge Griffin for such further case management as may be necessary. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION TERRENCE JOHNSON, JIM HARRIS, ALEXANDER FRIEDMANN, and JOSHUA ROBERTS, ) ) ) ) Plaintiffs, ) ) v. ) ) PHIL BREDESEN, Governor of the State of ) Tennessee, BROOK THOMPSON, ) Coordinator of Elections, RILEY DARNELL, ) Secretary of State of Tennessee, JAMES ) JOHNSON, Administrator of Elections for ) Shelby County, KIM BUCKLEY, Administrator of ) Elections for Madison County, and ) RAY BARRETT, Administrator of Elections for ) Davidson County, in their official capacities, ) ) Defendants. )

Case No. 3:08cv0187 Judge Thomas A. Wiseman, Jr.

ORDER Before the Court are (1) a Motion for Judgment on the Pleadings as to the Constitutional Challenges Contained in the Amended Complaint (Doc. No. 58) filed by defendants Phil Bredesen, Brook Thompson and Riley Darnell (collectively, the "State Officials"), and (2) Plaintiffs' Motion for Judgment on the Pleadings or in the Alternative Motion for Partial Summary Judgment (Doc. No. 68). These motions have been fully briefed and the parties presented oral argument on their motions at a hearing conducted on September 15, 2008. Judgment (Doc. No. 76). For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that the State Officials' motion for judgment (Doc. No. 58) is meritorious and that the defendants are entitled to judgment in their favor as a matter of law as to Counts One through Five of the Amended Complaint. Accordingly, the State Officials' motion is hereby GRANTED and Counts One through Five of the Amended Complaint are DISMISSED, leaving for adjudication only plaintiff Alexander Friedmann's dueprocess claims under the United States and Tennessee Constitutions, set forth in Count Six of the Amended Complaint. Plaintiffs' Motion for Judgment (Doc. No. 68) is hereby DENIED. Also before the Court is Defendant Kim Buckley's Motion for Summary

2 Further, because all claims brought by plaintiff Jim Harris, the only plaintiff who is a resident of Madison County, have been dismissed, the motion for summary judgment (Doc. No. 76) filed by defendant Kim Buckley in her official capacity as Administrator of Elections for Madison County, is hereby GRANTED. Likewise, because all claims brought by plaintiff Terrence Johnson, a Shelby County resident, have been dismissed, defendant James Johnson in his official capacity as Administrator of Elections for Shelby County is entitled to judgment in his favor as a matter of law. Accordingly, the claims against defendant Johnson are hereby DISMISSED. This matter is remanded to Magistrate Judge Griffin for such further case management as may be necessary. It is so ORDERED.

Thomas A. Wiseman, Jr. Senior U.S. District Judge