Doe v. Haslam et al

Filing 38

ORDER granting in part and denying in part 10 Motion to Dismiss; granting in part and denying in part 26 Motion to Dismiss. Defendants shall file a responsive pleading to each Complaint within fourteen days of the date of this Order. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/9/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JOHN DOE and JOHN DOE #2
Plaintiffs,
v.
WILLIAM E. HASLAM, Governor of
the State of Tennessee, and MARK
GWYN, Director of the Tennessee
Bureau of Investigation, in their official
capacities,
Defendants.

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NO. 3:16-cv-02862
& 3:17-cv-00264
CHIEF JUDGE CRENSHAW

ORDER
Before the Court are Motions to Dismiss (Doc Nos. 10 & 26) filed by Defendants Governor
William E. Haslam and Tennessee Bureau of Investigation Director Mark Gwyn in two cases that
have been consolidated for the purposes of case management, discovery, and pretrial motions. For
the reasons explained in the accompanying Memorandum Opinion, the Motions are hereby
GRANTED in part and DENIED in part. Count 2, 3, 6, and 7 of each Complaint is
DISMISSED. Counts 8 and 9 will be DISMISSED only insofar as they challenge Tennessee’s
restrictions on where Plaintiffs may obtain treatment, and Defendants’ requests to dismiss those
claims and Count 1 will otherwise be DENIED. Defendants shall file a responsive pleading to
each Complaint within fourteen days of the date of this Order. FED. R. CIV. P. 12(a)(4)(A).
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE