U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:17−cv−01263

APPEAL,BROWN

Robinson et al v. Purkey et al Assigned to: District Judge Aleta A. Trauger related Case: 3:17−cv−00005 Case in other court: 6CCA, 18−06121 Cause: 42:1983 Civil Rights Act Plaintiff
Fred Robinson

Date Filed: 09/13/2017 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Claudia Wilner National Center for Law and Econimic Justice 275 Seventh Avenue Suite 1506 New York, NY 10001 (212) 633−6967 Fax: (212) 633−6371 Email: wilner@nclej.org ATTORNEY TO BE NOTICED

Edward P. Krugman Civil Rights Corps 910 17th Street NW Suite 500 Washington, DC 20006 (202) 780−7594 Email: krugman@nclej.org ATTORNEY TO BE NOTICED

Eric Halperin Civil Rights Corps 910 17th Street NW Suite 500 Washington, DC 20006 (202) 599−0953 Fax: (202) 609−8030 Email: eric@civilrightscorps.org ATTORNEY TO BE NOTICED

Jonas Wang Civil Rights Corps 1601 Connecticut Ave. NW Eighth Floor Washington, DC 20009 (202) 599−0953 Fax: (202) 609−8030 Email: jonas@civilrightscorps.org TERMINATED: 06/17/2019

Jonathan Jacob Cole Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Nash) 211 Commerce Street Suite 800 Nashville, TN 37201 (615) 726−5600 Email: jcole@bakerdonelson.com ATTORNEY TO BE NOTICED

Josh Spickler Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 1 of 26

Just City 902 South Cooper Street Memphis, TN 38104 901−206−2226 Email: josh@justcity.org ATTORNEY TO BE NOTICED

Matthew G. White Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Memphis) 165 Madison Avenue Suite 2000 Memphis, TN 38103 (901) 577−8182 Fax: (901) 577−0724 Email: mwhite@bakerdonelson.com ATTORNEY TO BE NOTICED

Premal Dharia Civil Rights Corps 910 17th Street NW Suite 500 Washington, DC 20006 (202) 780−7594 Email: premal@civilrightscorps.org TERMINATED: 08/12/2019

Tara Mikkilineni Civil Rights Corps 1601 Connecticut Ave. NW Eighth Floor Washington, DC 20009 202−810−3264 Email: tara@civilrightscorps.org ATTORNEY TO BE NOTICED

Theresa Lau National Center for Law and Econimic Justice 275 Seventh Avenue Suite 1506 New York, NY 10001 (212) 633−6967 Email: lau@nclej.org ATTORNEY TO BE NOTICED

Plaintiff Ashley Sprague

represented by Claudia Wilner (See above for address) ATTORNEY TO BE NOTICED

Edward P. Krugman (See above for address) ATTORNEY TO BE NOTICED

Eric Halperin (See above for address) ATTORNEY TO BE NOTICED

Jonas Wang (See above for address) TERMINATED: 06/17/2019

Jonathan Jacob Cole Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 2 of 26

Plaintiff
Johnny Gibbs on behalf of themselves and all others similarly situated,

(See above for address) ATTORNEY TO BE NOTICED
Josh Spickler (See above for address) ATTORNEY TO BE NOTICED
Matthew G. White (See above for address) ATTORNEY TO BE NOTICED
Premal Dharia (See above for address) TERMINATED: 08/12/2019
Tara Mikkilineni (See above for address) ATTORNEY TO BE NOTICED
Theresa Lau (See above for address) ATTORNEY TO BE NOTICED
represented by Claudia Wilner (See above for address) ATTORNEY TO BE NOTICED
Edward P. Krugman (See above for address) ATTORNEY TO BE NOTICED
Eric Halperin (See above for address) ATTORNEY TO BE NOTICED
Jonas Wang (See above for address) TERMINATED: 06/17/2019
Jonathan Jacob Cole (See above for address) ATTORNEY TO BE NOTICED
Josh Spickler (See above for address) ATTORNEY TO BE NOTICED
Matthew G. White (See above for address) ATTORNEY TO BE NOTICED
Premal Dharia (See above for address) TERMINATED: 08/12/2019
Tara Mikkilineni (See above for address) ATTORNEY TO BE NOTICED
Theresa Lau (See above for address) ATTORNEY TO BE NOTICED

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 3 of 26

Plaintiff
Brianna Booher TERMINATED: 08/10/2018

represented by Matthew G. White (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
David W. Purkey Commisssioner of the Tennessee Department of Safety and Homeland Security, in his official capacity

represented by Alexander Stuart Rieger Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 741−2408 Fax: (615) 532−5683 Email: alex.rieger@ag.tn.gov ATTORNEY TO BE NOTICED

Andrew B. Campbell Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 532−0356 Fax: (615) 532−6951 Email: andrew.campbell@ag.tn.gov ATTORNEY TO BE NOTICED

Katherine Dix Federal Public Defender's Office (MDTN) 810 Broadway Suite 200 Nashville, TN 37203 Email: Katherine_Dix@fd.org TERMINATED: 04/12/2018

Michael Alan Meyer Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 741−3491 Email: michael.meyer@ag.tn.gov TERMINATED: 10/17/2017

Sara Ohlman Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 532−9631 Fax: (615) 532−2541 Email: sara.ohlman@ag.tn.gov TERMINATED: 06/20/2019

Scott C. Sutherland Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 741−1868 Fax: (615) 532−7791 Email: scott.sutherland@ag.tn.gov ATTORNEY TO BE NOTICED

Defendant

represented by

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 4 of 26

Debby Moss Circuit Court Clerk of Wilson County, Tennessee, in her official capacity, TERMINATED: 10/17/2018

Kristin Ellis Berexa Farrar & Bates 211 Seventh Avenue, North Suite 500 Nashville, TN 37219 (615) 254−3060 Email: kristin.berexa@farrar−bates.com ATTORNEY TO BE NOTICED

Mark Ennis McGrady Farrar & Bates 211 Seventh Avenue, North Suite 500 Nashville, TN 37219 (615) 254−3060 Fax: (615) 254−9835 Email: mark.mcgrady@farrar−bates.com ATTORNEY TO BE NOTICED

Michael Ray Jennings 326 N Cumberland Street Lebanon, TN 37087 (615) 444−0585 Email: voll979@aol.com ATTORNEY TO BE NOTICED

Defendant
Melissa Harrell Circuit Court Clerk of Rutherford County, Tennessee, in her official capacity TERMINATED: 08/06/2018

represented by Edward Evan Cope E. Evan Cope, PLLC 119 East Main Street Murfreesboro, TN 37130 (615) 217−3490 Fax: (615) 900−1948 Email: ecope@evancope.com TERMINATED: 10/23/2019

Josh A. McCreary Cope, Hudson, Reed & McCreary, PLLC 16 Public Square, N P O Box 884 Murfreesboro, TN 37133 (615) 893−5522 Email: jmccreary@mborolaw.com TERMINATED: 08/12/2019

Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED

Nicholas Clinton Christiansen Hudson, Reed & Christiansen, PLLC 16 Public Square, N Murfreesboro, TN 37130 (615) 893−5522 Fax: (615) 849−2135 Email: nchristiansen@mborolaw.com ATTORNEY TO BE NOTICED

Defendant

Corey Linville

represented by Kristin Ellis Berexa

Court Clerk of the Municipal Court of

(See above for address)

Lebanon, Tennessee, in his official

ATTORNEY TO BE NOTICED

capacity

TERMINATED: 08/21/2018

Mark Ennis McGrady

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 5 of 26

(See above for address) ATTORNEY TO BE NOTICED

Phillip Andrew Wright , Jr. City of Lebanon 200 Castle Heights Avenue, N Lebanon, TN 37087 (615) 443−8610 Email: awright@lebanontn.org ATTORNEY TO BE NOTICED

Defendant
Susan Gaskill Court Clerk of the City Court of Mt. Juliet, Tennessee, in her official capacity. TERMINATED: 06/11/2018

represented by Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED
Mark Ennis McGrady (See above for address) ATTORNEY TO BE NOTICED

Defendant
Wilson County, Tennessee TERMINATED: 10/17/2018

represented by Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED

Mark Ennis McGrady (See above for address) ATTORNEY TO BE NOTICED

Michael Ray Jennings (See above for address) ATTORNEY TO BE NOTICED

Defendant
Rutherford County, Tennessee TERMINATED: 08/06/2018

represented by Edward Evan Cope (See above for address) TERMINATED: 10/23/2019

Josh A. McCreary (See above for address) TERMINATED: 08/12/2019

Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED

Nicholas Clinton Christiansen (See above for address) ATTORNEY TO BE NOTICED

Defendant
Lebanon, Tennessee TERMINATED: 10/17/2018

represented by Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED

Mark Ennis McGrady (See above for address) ATTORNEY TO BE NOTICED

Phillip Andrew Wright , Jr. (See above for address) ATTORNEY TO BE NOTICED
Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 6 of 26

Defendant Mt. Juliet, Tennessee TERMINATED: 06/11/2018
Defendant Kim Chambers Lebanon Municipal Court Clerk TERMINATED: 10/17/2018

represented by Charles S. Michels Taylor, Pigue, Marchetti & Blair, PLLC 2908 Poston Avenue Nashville, TN 37203 (615) 337−2164 Fax: (615) 320−3244 Email: cmichels@tpmblaw.com ATTORNEY TO BE NOTICED
Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED
Louis Gino Marchetti , Jr. Taylor, Pigue, Marchetti & Blair, PLLC 2908 Poston Avenue Nashville, TN 37203 (615) 320−3225 Fax: (615) 320−3244 Email: gmarchetti@tpmblaw.com ATTORNEY TO BE NOTICED
Mark Ennis McGrady (See above for address) ATTORNEY TO BE NOTICED
represented by Kristin Ellis Berexa (See above for address) ATTORNEY TO BE NOTICED
Mark Ennis McGrady (See above for address) ATTORNEY TO BE NOTICED
Phillip Andrew Wright , Jr. (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/13/2017
09/14/2017 09/14/2017 09/14/2017
09/14/2017

# Docket Text
1 COMPLAINT against All Defendants, filed by Ashley Sprague, Johnny Gibbs, Fred Robinson. ($400 filing fee paid online, Receipt No. 0650−2519384)(No summons filed) (Attachments: # 1 Attachment Cover Sheet, # 2 Attachment Cover Sheet Supplement)(ab) (Entered: 09/14/2017)
2 NOTICE of Corporate Disclosure Statement filing requirement. (ab) (Entered: 09/14/2017)
3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ab) (Entered: 09/14/2017)
State Bar status verified as active for Matthew G. White (TN), Claudia Wilner (NY), Edward P. Krugman (NY), Theresa Lau (NY), Premal Dharia (NY), Jonas Wang (NY, Josh Spickler (TN). (ab) (Entered: 09/14/2017)
NOTICE TO COUNSEL Claudia Wilner, Edward P. Krugman, Theresa Lau, Premal Dharia, Jonas Wang, Josh Spickler: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 10/5/2017. (ab) (Entered: 09/14/2017)

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09/14/2017

4 NOTICE of Case Management Conference set for 11/13/2017 at 01:15 PM in Chambers 825 before District Judge Aleta A. Trauger. (ab) (Entered: 09/14/2017)

09/14/2017

5 NOTICE by Johnny Gibbs, Fred Robinson, Ashley Sprague of Summonses to be Issued (Attachments: # 1 Attachment − Summons to Debbie Moss, # 2 Attachment − Summons to Melissa Harrell, # 3 Attachment − Summons to Corey Linville, # 4 Attachment − Summons to Susan Gaskill, # 5 Attachment − Summons to Wilson County, # 6 Attachment − Summons to Rutherford County, # 7 Attachment − Summons to City of Mount Juliet, # 8 Attachment Summons to City of Lebanon)(White, Matthew) (Entered: 09/14/2017)

09/18/2017

6 Summons issued as to Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, David W. Purkey, Rutherford County, Tennessee, Wilson County, Tennessee. (Service copies to be picked up by Counsel) (ab) (Entered: 09/18/2017)

09/19/2017

7 MOTION for attorney(s) Claudia Wilner; Edward Krugman; Theresa Lau; Premal Dharia; Jonas Wang to Appear Pro Hac Vice (paid $375 PHV fee; receipt number 0650−2523368) by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017

8 CERTIFICATE OF GOOD STANDING of Attorney Claudia Wilner from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017

9 CERTIFICATE OF GOOD STANDING of Attorney Edward Krugman from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017

10 CERTIFICATE OF GOOD STANDING of Attorney Theresa Lau from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017

11 CERTIFICATE OF GOOD STANDING of Attorney Premal Dhara from the United States District Court of District of Columbia filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017

12 CERTIFICATE OF GOOD STANDING of Attorney Jonas Wang from the United States District Court for the Southern of New York filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017 13 MOTION to Certify Class by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/19/2017)

09/19/2017 14 MEMORANDUM in Support of 13 MOTION to Certify Class filed by Johnny Gibbs, Fred Robinson, Ashley Sprague . (White, Matthew) (Entered: 09/19/2017)

09/19/2017 15 NOTICE of Filing Declarations in support of 13 MOTION to Certify Class (White, Matthew) Modified on 9/21/2017 (ab). (Entered: 09/19/2017)

09/19/2017 16 DECLARATION of Fred Robinson filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

09/19/2017 17 DECLARATION of Johnny Gibbs filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

09/19/2017 18 DECLARATION of Claudia Wilner filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (White, Matthew) (Entered: 09/19/2017)

09/19/2017

19 DECLARATION of Edward Krugman filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 15 Notice (Other). (Attachments: # 1 Exhibit Brookings Report, # 2 Exhibit Census Data, # 3 Exhibit Pivot Table, # 4 Exhibit TN DOS Data − Withdrawals, # 5 Exhibit TN DOS Data − Reinstatements, # 6 Exhibit Census Data, # 7 Exhibit Scatter Plot Graph, # 8 Exhibit Scatter Plot Graph, # 9 Exhibit DOS Report, # 10 Exhibit DOS Data, # 11 Exhibit Driver Record)(White, Matthew) (Entered: 09/19/2017)

09/19/2017 20 MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White,

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 8 of 26

Matthew) (Entered: 09/19/2017)

09/20/2017 21 ORDER granting 20 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 9/20/2017. (ab) (Entered: 09/20/2017)

09/20/2017

22 ORDER granting 7 Motion for Claudia Wilner, Edward P. Krugman, Premal Dharia and Jonas Wang to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/20/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) Modified on 9/21/2017 (ab). (Entered: 09/20/2017)

09/20/2017

23 CERTIFICATE Supplemental Certificate of Service filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re 8 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 15 Notice (Other) filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 9 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 11 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 16 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 19 Declaration, filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 20 MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 10 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 13 MOTION to Certify Class filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 17 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 7 MOTION for attorney(s) Claudia Wilner; Edward Krugman; Theresa Lau; Premal Dharia; Jonas Wang to Appear Pro Hac Vice (paid $375 PHV fee; receipt number 0650−2523368) filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 12 Certificate of Good Standing filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 18 Declaration filed by Fred Robinson, Ashley Sprague, Johnny Gibbs, 14 Memorandum in Support filed by Fred Robinson, Ashley Sprague, Johnny Gibbs. (White, Matthew) (Entered: 09/20/2017)

09/21/2017

24 MOTION for Temporary Restraining Order by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Proposed Order on Motion for TRO)(White, Matthew) (Entered: 09/21/2017)

09/21/2017 25 MOTION for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 09/21/2017)

09/21/2017

26 MEMORANDUM in Support of 25 MOTION for Preliminary Injunction filed by Johnny Gibbs, Fred Robinson, Ashley Sprague . (White, Matthew) (Entered: 09/21/2017)

09/21/2017

27 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 24 MOTION for Temporary Restraining Order , 25 MOTION for Preliminary Injunction , 13 MOTION to Certify Class Declaration of Ashley Sprague in Support of Motion for TRO, PI, and Class Certification (White, Matthew) (Entered: 09/21/2017)

09/21/2017 28 DECLARATION of Ashley Sprague filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re: 27 Notice (Other),. (White, Matthew) (Entered: 09/21/2017)

09/21/2017

29 MOTION for Discovery Expedited by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Exhibit Proposed RFPs to Defendant Purkey, # 2 Exhibit Proposed RFPs to Municipal and County Defendants)(White, Matthew) (Entered: 09/21/2017)

09/21/2017 30 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Lebanon, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

09/21/2017 31 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Mt. Juliet, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

09/21/2017 32 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Corey Linville served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

09/21/2017 33 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Susan Gaskill served on 9/21/2017. (White, Matthew) (Entered: 09/21/2017)

09/21/2017 34 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. David W. Purkey served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)

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09/21/2017 09/21/2017 09/22/2017 09/22/2017 09/22/2017
09/22/2017 09/22/2017 09/25/2017 09/26/2017
09/27/2017 09/27/2017 09/27/2017
09/28/2017 09/28/2017
09/29/2017 09/29/2017
09/29/2017 09/29/2017

35 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Debby Moss served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)
36 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Wilson County, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/21/2017)
37 NOTICE of Appearance by Michael Alan Meyer on behalf of David W. Purkey (Meyer, Michael) (Entered: 09/22/2017)
TN State Bar status verified as active for Michael Alan Meyer. (ab) (Entered: 09/22/2017)
38 ORDER: It is hereby ORDERED that the Motion for a Temporary Restraining Order 24 shall be HELD IN ABEYANCE until proof is filed in the record of this case that these two plaintiffs have secured the required insurance coverage. Signed by District Judge Aleta A. Trauger on 9/22/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) Modified on 9/25/2017 (ab). (Entered: 09/22/2017)
39 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Melissa Harrell served on 9/21/2017. (White, Matthew) (Entered: 09/22/2017)
40 SUMMONS returned executed by Ashley Sprague, Johnny Gibbs, Fred Robinson. Rutherford County, Tennessee served on 9/20/2017. (White, Matthew) (Entered: 09/22/2017)
TN State Bar status verified as active for Michael Alan Meyer. (ab) (Entered: 09/25/2017)
41 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 38 Order on Motion for TRO, 24 MOTION for Temporary Restraining Order Notice of Filing Proofs of Insurance (Attachments: # 1 Exhibit 1 − Robinson Proof of Insurance, # 2 Exhibit 2 − Sprague Proof of Insurance)(White, Matthew) (Entered: 09/26/2017)
42 NOTICE of Appearance by Edward Evan Cope on behalf of Melissa Harrell, Rutherford County, Tennessee (Cope, Edward) (Entered: 09/27/2017)
TN State Bar status verified as active for Edward Evan Cope. (ab) (Entered: 09/27/2017)
43 ORDER SETTING HEARING: It is hereby ORDERED that the plaintiffs' Motion for a Temporary Restraining Order (Docket No. 24) is set for hearing on Tuesday, October 3, 2017 at 10:30 a.m. All briefs in opposition thereto should be filed by 5:00 p.m. on Friday, September 29, 2017. Signed by District Judge Aleta A. Trauger on 9/27/2017. (ds) (Entered: 09/27/2017)
44 NOTICE of Appearance by Katherine Dix on behalf of David W. Purkey (Dix, Katherine) (Entered: 09/28/2017)
45 ORDER RESETTING HEARING: It is hereby ORDERED that the hearing on the plaintiffs' Motion for a Temporary Restraining Order (Docket No. 24) is RESET for Wednesday, October 4, 2017 at 1:00 p.m. Signed by District Judge Aleta A. Trauger on 9/28/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 09/28/2017)
TN State Bar status verified as active for Katherine Dix. (ab) (Entered: 09/29/2017)
46 MOTION for attorney(s) Josh Spickler to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650−2530744) by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Certificate of Good Standing − Josh Spickler)(White, Matthew) (Entered: 09/29/2017)
47 RESPONSE in Opposition re 24 MOTION for Temporary Restraining Order filed by David W. Purkey. (Attachments: # 1 Attachment Cortazar Affidavit and Attachments)(Meyer, Michael) (Entered: 09/29/2017)
48 NOTICE of Appearance by Scott C. Sutherland on behalf of David W. Purkey (Sutherland, Scott) (Entered: 09/29/2017)

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10/02/2017
10/02/2017 10/02/2017 10/02/2017 10/02/2017
10/02/2017 10/03/2017 10/03/2017 10/03/2017 10/03/2017 10/04/2017 10/04/2017 10/04/2017 10/04/2017 10/04/2017 10/04/2017 10/04/2017
10/05/2017 10/05/2017 10/05/2017

Docket Annotation: At DE# 47: The exhibits shall be RESUBMITTED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones (ab) (Entered: 10/02/2017)
TN State Bar status verified as active for Scott C. Sutherland. (ab) (Entered: 10/02/2017)
Note to Filer re DE# 46 : Please file a current certificate of good standing from a U.S. District Court. (ab) (Entered: 10/02/2017)
49 MOTION to Seal Docket Entry #47−1 by David W. Purkey. (Meyer, Michael) (Entered: 10/02/2017)
50 AFFIDAVIT re 47 Response in Opposition to Motion for a Temporary Restraining Order by David W. Purkey. (Attachments: # 1 Exhibit Form letter regarding license suspension, # 2 Exhibit Form letter regarding suspension and surrendering license, # 3 Exhibit Letter dated 11/23/16, # 4 Exhibit Letter dated 1/9/17)(Meyer, Michael) (Entered: 10/02/2017)
51 CERTIFICATE OF GOOD STANDING of Attorney Joshua B. Spickler from the United States District Court for the Western of Tennessee filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 10/02/2017)
52 NOTICE of Appearance by Michael Ray Jennings on behalf of Debby Moss (Jennings, Michael) (Entered: 10/03/2017)
53 NOTICE of Appearance by Michael Ray Jennings on behalf of Wilson County, Tennessee (Jennings, Michael) (Entered: 10/03/2017)
54 ORDER granting 46 Motion for Josh Spickler to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/3/2017. (ab) (Entered: 10/03/2017)
55 MOTION for Leave to Leave to File a Reply Memo re 47 Response in Opposition to Motion for Temporary Restraining Order by Fred Robinson. (Attachments: # 1 Exhibit Proposed Reply Memo)(White, Matthew) (Entered: 10/03/2017)
56 NOTICE of Appearance by Louis Gino Marchetti, Jr on behalf of Mt. Juliet, Tennessee (Marchetti, Louis) (Entered: 10/04/2017)
57 NOTICE of Appearance by Josh A. McCreary on behalf of Melissa Harrell, Rutherford County, Tennessee (McCreary, Josh) (Entered: 10/04/2017)
58 NOTICE of Appearance by Charles S. Michels on behalf of Mt. Juliet, Tennessee (Michels, Charles) (Entered: 10/04/2017)
59 ORDER granting 49 Motion to Seal. Signed by District Judge Aleta A. Trauger on 10/4/2017. (ab) (Entered: 10/04/2017)
60 ORDER granting 55 Motion for Leave to File Reply. Signed by District Judge Aleta A. Trauger on 10/4/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/04/2017)
61 REPLY to Response to Motion re 24 MOTION for Temporary Restraining Order filed by Fred Robinson. (ab) (Entered: 10/04/2017)
Minute Entry for proceedings held before District Judge Aleta A. Trauger: Motion Hearing held on 10/4/2017 re 24 MOTION for Temporary Restraining Order filed by Fred Robinson, et al. The TRO is taken under advisement. (Court Reporter Traci Walker.) (kb) (Entered: 10/04/2017)
TN State Bar status verified as active for Josh A. McCreary, Louis Gino Marchetti, Jr. (ab) (Entered: 10/05/2017)
TN State Bar status verified as active for Charles S. Michels. (ab) (Entered: 10/05/2017)
TN State Bar status verified as active for Charles S. Michels. (ab) (Entered: 10/05/2017)

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10/05/2017 10/05/2017
10/06/2017 10/10/2017 10/11/2017 10/12/2017
10/12/2017 10/13/2017 10/16/2017 10/16/2017 10/17/2017
10/17/2017 10/23/2017 10/25/2017 10/25/2017 10/25/2017 11/03/2017

62 MEMORANDUM signed by District Judge Aleta A. Trauger on 10/5/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/05/2017)
63 ORDER granting 24 Motion for Temporary Restraining Order. A hearing on the Plaintiffs' request to convert the Temporary Restraining Order into a preliminary injunction shall be held on Friday, October 20, 2017 at 2:00 p.m. Signed by District Judge Aleta A. Trauger on 10/5/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 10/05/2017)
64 NOTICE of Appearance by Andrew B. Campbell on behalf of David W. Purkey (Campbell, Andrew) (Entered: 10/06/2017)
TN State Bar status verified as active for Andrew B. Campbell. (ab) (Entered: 10/10/2017)
65 **DISREGARD, DOCUMENT TO BE REFILED**NOTICE of Appearance by Phillip Andrew Wright, Jr on behalf of Lebanon, Tennessee, Corey Linville (Wright, Phillip) Modified on 10/13/2017 (ab). (Entered: 10/11/2017)
Note to filer re DE 65 : Pursuant to Administrative order No. 167, Section 8, electronically filed documents shall set forth the Filing Users name, address, telephone number and Board of Professional Responsibility registration number. The filers name should be typed in the space where the signature would otherwise appear preceded by the symbol s/ or inserted facsimile signature. THIS DOCUMENT SHALL BE RE−FILED. (ab) (Entered: 10/12/2017)
66 NOTICE of Appearance by Phillip Andrew Wright, Jr on behalf of Lebanon, Tennessee, Corey Linville (Wright, Phillip) (Entered: 10/12/2017)
TN State Bar status verified as active for Phillip Andrew Wright, Jr. (ab) (Entered: 10/13/2017)
67 MOTION to Withdraw as Attorney by David W. Purkey. (Meyer, Michael) (Entered: 10/16/2017)
68 Joint MOTION TO SUSPEND BRIEFING DEADLINES AND CONTINUE HEARING DATE by David W. Purkey. (Campbell, Andrew) (Entered: 10/16/2017)
69 ORDER: The Joint Motion to Suspend Briefing Deadlines and Continue Hearing Date (Docket No. 6 8) is GRANTED. It is hereby ORDERED that the Temporary Restraining Order issued on October 5, 2017 (Docket No. 63 ) is hereby EXTENDED by agreement until resolution of the Motion for Preliminary Injunction. The briefing deadlines set out in this court's Order of October 5, 2017 (Docket No. 63 ) are SUSPENDED pending receipt by the court of a joint proposal setting the briefing schedule and resetting the preliminary injunction hearing. The preliminary injunction hearing scheduled for October 20, 2017 is CONTINUED, to be reset by later order of the court Signed by District Judge Aleta A. Trauger on 10/17/2017. (ab) (Entered: 10/17/2017)
70 ORDER granting 67 Motion to Withdraw as Attorney. Signed by District Judge Aleta A. Trauger on 10/17/2017. (ab) (Entered: 10/17/2017)
72 Surety BOND (The Guarantee Company of North America) posted in the amount of $1,000.00 per order at DE 63 .(af) (Entered: 10/25/2017)
71 NOTICE of Appearance by Kristin Ellis Berexa on behalf of Susan Gaskill, Mt. Juliet, Tennessee (Berexa, Kristin) (Entered: 10/25/2017)
73 NOTICE of Appearance by Mark Ennis McGrady on behalf of Susan Gaskill, Mt. Juliet, Tennessee (McGrady, Mark) (Entered: 10/25/2017)
TN State Bar status verified as active for Kristin Ellis Berexa, Mark Ennis McGrady. (ab) (Entered: 10/25/2017)
74 NOTICE of Appearance by Kristin Ellis Berexa on behalf of Debby Moss, Wilson County, Tennessee (Berexa, Kristin) (Entered: 11/03/2017)

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11/03/2017 75 NOTICE of Appearance by Mark Ennis McGrady on behalf of Debby Moss, Wilson County, Tennessee (McGrady, Mark) (Entered: 11/03/2017)

11/07/2017

TN State Bar status verified as active for Kristin Ellis Berexa, Mark Ennis McGrady. (ab) (Entered: 11/07/2017)

11/08/2017

76 Transcript filed for dates of October 4, 2017 before Judge Aleta A. Trauger. Court Reporter/Transcriber: Traci Walker, 770−344−7653, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM−ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 11/15/2017. Redaction Request due 11/29/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/6/2018. (ab) (Entered: 11/08/2017)

11/09/2017

77 ORDER: It is hereby ORDERED that the initial case management conference scheduled for November 13, 2017 is CONTINUED, to be reset by later order of the court. It is hereby ORDERED that, by November 17, 2017, the parties shall file a status report, informing the court of the status of this case. Signed by District Judge Aleta A. Trauger on 11/9/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) (Entered: 11/09/2017)

11/09/2017

78 ORDER: Upon the request of the parties, the initial case management conference is RESET for Monday, November 13, 2017 at 1:15 p.m. Signed by District Judge Aleta A. Trauger on 11/9/2017. (ds) (Entered: 11/09/2017)

11/09/2017 79 PROPOSED CASE MANAGEMENT ORDER (INITIAL) filed by All Plaintiffs. (White, Matthew) (Entered: 11/09/2017)

11/10/2017

80 MOTION to Stay re 29 MOTION for Discovery Expedited by Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, Rutherford County, Tennessee, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 11/10/2017)

11/10/2017

81 MEMORANDUM in Support of 80 MOTION to Stay re 29 MOTION for Discovery Expedited filed by Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, Rutherford County, Tennessee, Wilson County, Tennessee . (Attachments: # 1 Attachment Unpublished Law − Nissan North Am., Inc. v. DeltaWing, # 2 Attachment Unpublished Case Law − Sevier v. Apple, Inc., # 3 Attachment Unpublished Case Law − Lincoln Memorial Univ. v. Amer. Bar Ass'n., # 4 Attachment unpublised case law − Thomas v. Haslam, # 5 Attachment Unpublished Case Law − S.S. v. Microsoft Corp. Welfare Plan, # 6 Attachment Ladd v. Equicredit Corp. of Am., # 7 Attachment Unpublished Case Law − U.S. v. Bonanno Organized Crime, # 8 Attachment Unpublished Case Law − Lupin Pharmaceuticals v. Richards)(Berexa, Kristin) (Entered: 11/10/2017)

11/13/2017

TN State Bar status verified as active for Jonathan Jacob Cole. (ab) (Entered: 11/13/2017)

11/13/2017

82 MOTION to Permit Telephone Participation in Case Management Conference by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Cole, Jonathan) (Entered: 11/13/2017)

11/13/2017

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 11/13/2017. (kb) (Entered: 11/13/2017)

11/13/2017 83 NOTICE of Appearance by Alexander Stuart Rieger on behalf of David W. Purkey (Rieger, Alexander) (Entered: 11/13/2017)

11/13/2017 84 RESPONSE in Opposition re 13 MOTION to Certify Class filed by David W. Purkey. (Rieger, Alexander) (Entered: 11/13/2017)

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11/14/2017 11/14/2017

TN State Bar status verified as active for Alexander Stuart Rieger. (ab) (Entered: 11/14/2017)
85 ORDER denying as moot 29 Motion for Discovery; defendants to voluntarily respond. Signed by District Judge Aleta A. Trauger on 11/14/2017. (ab) (Entered: 11/14/2017)

11/14/2017 86 ORDER denying as moot 82 Motion to Permit Telephone Participation. Signed by District Judge Aleta A. Trauger on 11/14/2017. (ab) (Entered: 11/14/2017)

11/14/2017

87 ORDER following the initial case management conference held on 11/13/2017. Signed by District Judge Aleta A. Trauger on 11/14/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 11/14/2017)

11/15/2017 11/15/2017 11/15/2017
11/15/2017

88 MOTION to Dismiss for Lack of Jurisdiction by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 11/15/2017)
89 MOTION for Leave to File Excess Pages by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee. (Attachments: # 1 Attachment Memorandum of Law in Support of Motion to Dismiss of County Defendants)(Berexa, Kristin) (Entered: 11/15/2017)
90 NOTICE of Filing by Susan Gaskill, Melissa Harrell, Rutherford County, Tennessee, Wilson County, Tennessee re 88 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Attachment Unpublished Case Law − Stinnie v. HOlcomb, # 2 Attachment Unpublished Case Law − Quigley v. Contra Costa County, # 3 Attachment Virgina Code Annotated Section 46.2−395(B), # 4 Attachment Davis v. Wells Fargo, NA, # 5 Attachment Jones v. Perrysburg Mun. Ct., # 6 Attachment Va. Sup. Ct. R. 1:24 (2017), # 7 Attachment Basista Holdings, LLC v. Ellsworth Township, # 8 Attachment Duff v. Kentucky Bd of Med. Licensure, # 9 Attachment Crist v. Adduci, # 10 Attachment Johnson v. Metro. Gov't. of Nashville and Davidson County)(Berexa, Kristin) (Entered: 11/15/2017)
91 MOTION for Leave to File Excess Pages by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee. (Berexa, Kristin) (Entered: 11/15/2017)

11/15/2017 92 MOTION to Dismiss by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee. (Berexa, Kristin) (Entered: 11/15/2017)

11/15/2017 11/15/2017
11/15/2017 11/15/2017 11/15/2017

93 MEMORANDUM in Support of 92 MOTION to Dismiss filed by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee . (Berexa, Kristin) (Entered: 11/15/2017)
94 NOTICE of Filing by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee re 93 Memorandum in Support, 92 MOTION to Dismiss Notice of Filing Unpublished Case Law (Attachments: # 1 Attachment City of LaVergne v. LeQuire, # 2 Attachment Quigley v. Contra Costa County, # 3 Attachment Stinnie v. Holcomb, # 4 Attachment Davis v. Wells Fargo, # 5 Attachment Jones v. Perrysburg Municipal Court, # 6 Attachment Basista Holdings LLC v. Ellsworth Township, # 7 Attachment Duff v. Kentucky Board of Medical Licensure, # 8 Attachment Crist v. Adduci, # 9 Attachment Mancini v. City of Garfield Heights, # 10 Attachment Harris v. City of Austin, # 11 Attachment Johnson v. Metro Nashville, # 12 Attachment VA Rule 1.24)(Berexa, Kristin) (Entered: 11/15/2017)
95 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing and Failure to State a Claim by David W. Purkey. (Campbell, Andrew) (Entered: 11/15/2017)
96 MOTION to Submit Brief in Excess of 25 Pages re 95 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing and Failure to State a Claim by David W. Purkey. (Attachments: # 1 Attachment Memorandum in Support of Motion to Dismiss, # 2 Attachment Lebanon Ordinance 15−128, # 3 Attachment Exh A to Memorandum of Law, # 4 Attachment Exh B to Memorandum of Law)(Campbell, Andrew) (Entered: 11/15/2017)
97 NOTICE of Filing by David W. Purkey re 95 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing and Failure to State a Claim, 96 MOTION to Submit Brief in Excess of 25 Pages re 95 MOTION to Dismiss for Lack of Jurisdiction, Lack

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of Standing and Failure to State a Claim (Attachments: # 1 Attachment 1.Noller v. Southern Baptist Convention, Inc., 3:14−1065, 2014 WL 3749522 (M.D. Tenn. July 30, 2014), # 2 Attachment 2.Davis v. Wells Fargo, NA, No. 3:12−CV−1181, 2013 WL 392616 (M.D. Tenn. Jan. 31, 2013), # 3 Attachment 3.King v. Creed, No. 1:14−CV−0165 LEK/TWD, 2015 WL 893573 (N.D.N.Y. Mar. 2, 2015), # 4 Attachment 4.King v. Creed, No. 1:14−CV−0165 LEK/TWD, 2016 WL 204492 (N.D.N.Y. Jan. 15, 2016), # 5 Attachment 5.Med. Ctr. at Elizabeth Place v. Premier Health Partners, No. 3:12−CV−26, 2016 WL 9460026 (S.D. Ohio Oct. 6, 2016), # 6 Attachment 6.Sessler v. C.C.C.S.E.A., No. 1:14−CV−0058, 2014 WL 3014513 (N.D. Ohio July 3, 2014), # 7 Attachment 7.Roberts v. State, 229 F.3d 1164, 2000 WL 1275606 (10th Cir. 2000), # 8 Attachment 8.Evans v. Rhodes, No. 3:14CV466/MCR/CJK, 2016 WL 5019202, at *7 (N.D. Fla. Feb. 29, 2016))(Campbell, Andrew) (Entered: 11/15/2017)

11/16/2017 98 ORDER granting 89 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 11/16/2017. (ab) (Entered: 11/16/2017)

11/16/2017 99 ORDER granting 91 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 11/16/2017. (ab) (Entered: 11/16/2017)

11/16/2017 100 ORDER granting 96 Motion to File Excess Pages. Signed by District Judge Aleta A. Trauger on 11/16/2017. (ab) (Entered: 11/16/2017)

12/01/2017

101 MOTION for Extension of Time to File Responses to Motions to Dismiss, Response to Motion to Temporarily Stay Discovery and Hold in Abeyance Plaintiffs Class Certification Motion, and to Extend the Deadline for Plaintiffs to Amend the Complaint as of Right by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Proposed Order)(White, Matthew) (Entered: 12/01/2017)

12/04/2017

102 RESPONSE in Opposition re 101 MOTION for Extension of Time to File Responses to Motions to Dismiss, Response to Motion to Temporarily Stay Discovery and Hold in Abeyance Plaintiffs Class Certification Motion, and to Extend the Deadline for Plaintiffs to Amend the Complaint as o filed by David W. Purkey. (Campbell, Andrew) (Entered: 12/04/2017)

12/05/2017 103 NOTICE of Appearance by Kristin Ellis Berexa on behalf of Lebanon, Tennessee, Corey Linville (Berexa, Kristin) (Entered: 12/05/2017)

12/05/2017 104 NOTICE of Appearance by Mark Ennis McGrady on behalf of Lebanon, Tennessee, Corey Linville (McGrady, Mark) (Entered: 12/05/2017)

12/05/2017

105 RESPONSE in Opposition re 101 MOTION for Extension of Time to File Responses to Motions to Dismiss, Response to Motion to Temporarily Stay Discovery and Hold in Abeyance Plaintiffs Class Certification Motion, and to Extend the Deadline for Plaintiffs to Amend the Complaint as o filed by Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, Rutherford County, Tennessee, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 12/05/2017)

12/05/2017

106 NOTICE of Filing by Susan Gaskill, Melissa Harrell, Lebanon, Tennessee, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, Rutherford County, Tennessee, Wilson County, Tennessee re 105 Response in Opposition to Motion, (Attachments: # 1 Attachment − 1 Joslin v. Metro Nashville/Davidson County, 3:12−CV−1284, 2013 WL 2250712, at *6 (M.D. Tenn. May 21, 2013))(Berexa, Kristin) (Entered: 12/05/2017)

12/06/2017

TN State Bar status verified as active for Kristin Ellis Berexa, Mark Ennis McGrady. (ab) (Entered: 12/06/2017)

12/07/2017

107 ORDER granting in part and denying in part 101 Motion for Extension of Time. Signed by District Judge Aleta A. Trauger on 12/7/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 12/07/2017)

12/12/2017 108 RESPONSE in Opposition re 80 MOTION to Stay re 29 MOTION for Discovery Expedited filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 12/12/2017)
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12/15/2017 109 AMENDED COMPLAINT against All Defendants, filed by Ashley Sprague, Johnny Gibbs, Fred Robinson, Brianna Booher.(White, Matthew) (Entered: 12/15/2017)

12/18/2017

Notice to Filer re DE 109 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (ab) (Entered: 12/18/2017)

12/19/2017 110 CERTIFICATE of Service filed by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague re 109 Amended Complaint filed by Brianna Booher, Fred Robinson, Ashley Sprague, Johnny Gibbs. (White, Matthew) (Entered: 12/19/2017)

12/19/2017 111 AMENDED COMPLAINT (Corrected) against All Defendants, filed by Brianna Booher, Ashley Sprague, Johnny Gibbs, Fred Robinson.(White, Matthew) (Entered: 12/19/2017)

12/20/2017

112 ORDER: The filing of the Amended Complaint (Docket No. 111 ) renders moot the three pending Motions to Dismiss (Docket Nos. 88 , 92 , 95 ). It is therefore ORDERED that those motions are DENIED as moot. Signed by District Judge Aleta A. Trauger on 12/20/2017. (ab) (Entered: 12/20/2017)

12/22/2017 113 ORDER denying as moot 80 Motion to Stay. Signed by District Judge Aleta A. Trauger on 12/22/17. (dt) (Entered: 12/22/2017)

12/27/2017 114 MOTION for Extension of Time to File Answer re 111 Amended Complaint by Susan Gaskill, Corey Linville, Debby Moss, Mt. Juliet, Tennessee, Rutherford County, Tennessee, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 12/27/2017)

12/27/2017 115 Joint MOTION Regarding Extension of Time to Respond to Amended Complaint by David W. Purkey. (Campbell, Andrew) (Entered: 12/27/2017)

12/28/2017 116 ORDER granting 114 Motion for Extension of Time to Respond on Behalf of Local Government Defendants, Answer due by 1/12/2018. Signed by District Judge Aleta A. Trauger on 12/28/2017. (ab) (Entered: 12/28/2017)

12/28/2017 117 ORDER granting 115 Motion Regarding Extension of Time to Respond to Amended Complaint, Commissioner Purkey answer due by 1/16/2018. Signed by District Judge Aleta A. Trauger on 12/28/2017. (ab) (Entered: 12/28/2017)

01/12/2018 118 MOTION to Dismiss by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee. (Berexa, Kristin) (Entered: 01/12/2018)

01/12/2018

119 MOTION for Leave to File Excess Pages re 118 MOTION to Dismiss by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee. (Attachments: # 1 Attachment Brief in Support of City Defendants' Motion to Dismiss Corrected Amended Complaint)(Berexa, Kristin) Modified on 1/16/2018 (ab). (Entered: 01/12/2018)

01/12/2018

120 NOTICE of Filing by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee re 126 Memorandum of Law in Support of 118 MOTION to Dismiss (Attachments: # 1 Attachment Duncan v. Cone − Unpublished Case Law, # 2 Attachment Coleman v. Gov. of Michigan − Unpublished Case Law, # 3 Attachment Johnson v. Ohio S. Ct. − Unpublished Case Law, # 4 Attachment Ward v. City of Norwalk − Unpublished Case Law, # 5 Attachment Kinkus v. Village of Yorkville − Unpublished Case Law, # 6 Attachment Pittman v. Spectrum Health Systems − Unpublished Case Law)(Berexa, Kristin) Modified on 1/16/2018 (ab). (Entered: 01/12/2018)

01/12/2018 121 MOTION to Dismiss by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 01/12/2018)

01/12/2018

122 MOTION for Leave to Exceed 25 pages in Brief re 121 MOTION to Dismiss by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee. (Attachments: # 1 Attachment Memorandum of Law in Support of Motion to Dismiss Corrected Amended Complaint)(Berexa, Kristin) (Entered: 01/12/2018)

01/12/2018 123 NOTICE of Filing by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee re 127 Memorandum in Support of 121 MOTION to
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01/16/2018 01/16/2018 01/16/2018 01/16/2018 01/16/2018 01/16/2018
01/16/2018
01/16/2018 01/16/2018
01/17/2018 01/18/2018

Dismiss (Attachments: # 1 Attachment Duncan v. Cone − Unpublished Case Law, # 2 Attachment Coleman v. Gov. of Michigan − Unpublished Case Law, # 3 Attachment Johnson v. Ohio S. Ct. − Unpublished Case Law, # 4 Attachment Ward v. City of Norwalk − Unpublished Case Law, # 5 Attachment Kinkus v. Village of Yorkville − Unpublished Case Law, # 6 Attachment Fowler v. Johnson − Unpublished Case Law)(Berexa, Kristin) Modified on 1/16/2018 (ab). (Entered: 01/12/2018)
124 ORDER granting 119 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 1/16/2018. (ab) (Entered: 01/16/2018)
125 ORDER granting 122 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 1/16/2018. (ab) (Entered: 01/16/2018)
126 MEMORANDUM in Support of 118 MOTION to Dismiss filed by Susan Gaskill, Lebanon, Tennessee, Corey Linville, Mt. Juliet, Tennessee. (ab) (Main Document 126 replaced on 1/17/2018) (ab). (Entered: 01/16/2018)
127 MEMORANDUM in Support of 121 MOTION to Dismiss filed by Melissa Harrell, Debby Moss, Rutherford County, Tennessee, Wilson County, Tennessee. (ab) (Entered: 01/16/2018)
128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs by David W. Purkey. (Campbell, Andrew) (Entered: 01/16/2018)
129 MOTION to Submit Bief in Excess of 25 Pages re 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs by David W. Purkey. (Attachments: # 1 Attachment Memo in Support of Motion to Dismiss Plaintiffs Robinson, Sprague, and Gibbs, # 2 Exhibit A −− 4/29/15 Mt Juliet Citation to Plaintiff Sprague, # 3 Exhibit B −− 3/21/16 Lebanon Citation to Plaintiff Sprague, # 4 Exhibit C −− 5/3/16 Lebanon Citation to Plaintiff Sprague, # 5 Exhibit D −− 6/24/16 Wilson County Citation to Plaintiff Robinson, # 6 Exhibit E −− 4/17/17 Wilson County Gen'l Sessions Judgment against Plaintiff Robinson)(Campbell, Andrew) (Entered: 01/16/2018)
130 NOTICE of Filing by David W. Purkey re 129 MOTION to Submit Bief in Excess of 25 Pages re 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs (Attachments: # 1 Attachment 1 −− Nollner v Southern Baptist Convention, 2014 WL 3749522 (M.D. Tenn. 2014), # 2 Attachment 2 −− Mt. Juliet, TN, Code ch. 2, art. VI, # 3 Attachment 3 −− Mt. Juliet, TN, Code ch. 28, art. X, # 4 Attachment 4 −− Lebanon, TN, Code tit. 3, # 5 Attachment 5 −− Lebanon, TN, Code tit. 15, # 6 Attachment 6 −− Davis v. Wells Fargo, 2013 WL 392616 (M.D. Tenn. 2013), # 7 Attachment 7 −− King v. Creed, 2015 WL 893573 (N.D.N.Y. 2015), # 8 Attachment 8 −− King v. Creed, 2016 WL 204492 (N.D.N.Y. 2016), # 9 Attachment 9 −− Med. Ctr. at Elizabeth Place v. Premier Health Partners, 2016 WL 9460026 (S.D. Ohio 2016), # 10 Attachment 10 −− Sessler v. C.C.C.S.E.A., 2014 WL 3014513 (N.D. Ohio 2014), # 11 Attachment 11 −− Duncan v. Cone, 2000 WL 1828089 (6th Cir. 2000), # 12 Attachment 12 −− Roberts v. State, 229 F.3d 1164, 2000 WL 1275606 (10th Cir. 2000), # 13 Attachment 13 −− Evans v. Rhodes, 2016 WL 5019202 (N.D. Fla. 2016), # 14 Attachment 14 −− State v. Ma, 2016 WL 4248585, 195 Wash. App. 1036 (2016))(Campbell, Andrew) (Entered: 01/16/2018)
131 MOTION to Dismiss Plaintiff Booher by David W. Purkey. (Campbell, Andrew) (Entered: 01/16/2018)
132 MEMORANDUM in Support of 131 MOTION to Dismiss Plaintiff Booher filed by David W. Purkey . (Attachments: # 1 Attachment State v Albright, 2010 WL 2160356 (Tenn. Crim. App. 2010), # 2 Exhibit A −− 6/23/16 Bristol Citation/Judgment to Plaintiff Booher, # 3 Exhibit B −− 6/24/16 Bristol Citation/Judgment to Plaintiff Booher, # 4 Exhibit C −− 8/3/16 Bristol Citation/Judgment to Plaintiff Booher, # 5 Exhibit D −− Declaration of Randi Cortazar with Exhibits D−1 to D−3)(Campbell, Andrew) (Entered: 01/16/2018)
133 ORDER granting 129 Motion to File Excess Pages. Signed by District Judge Aleta A. Trauger on 1/17/2018. (ab) (Entered: 01/18/2018)
134 MEMORANDUM in Support of 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs filed by David W. Purkey. (Attachments: # 1 Exhibit 4/29/2015 Mt. Juliet Citation to Plaintiff Sprague, # 2 Exhibit 3/21/2016 Lebanon Citation to

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Plaintiff Sprague, # 3 Exhibit 5/3/2016 Lebanon Citation to Plaintiff Sprague, # 4 Exhibit 6/24/2016 Wilson County Citation to Plaintiff Robinson, # 5 Exhibit 4/17/2017 Wilson County General Sessions Judgment against Plaintiff)(ab) Modified on 1/22/2018 (ab). (Entered: 01/22/2018)

01/23/2018

135 Joint MOTION for Extension of Time to File Response/Reply as to 131 MOTION to Dismiss Plaintiff Booher, 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs, 118 MOTION to Dismiss , 121 MOTION to Dismiss by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 01/23/2018)

01/24/2018 136 ORDER granting 135 Motion for Extension of Time to File Response to Motions to Dismiss. Replies due by 2/26/2018. Signed by District Judge Aleta A. Trauger on 1/24/2018. (ab) (Entered: 01/24/2018)

02/05/2018

137 Joint MOTION for Extension of Time to File Response/Reply as to 131 MOTION to Dismiss Plaintiff Booher, 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs, 118 MOTION to Dismiss , 121 MOTION to Dismiss by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 02/05/2018)

02/06/2018 138 ORDER: JOINT MOTION REGARDING EXTENSIONS OF TIME FOR MOTION TO DISMISS BRIEFING 137 is GRANTED. Extensions as requested. Signed by District Judge Aleta A. Trauger on 2/5/18. (dt) (Entered: 02/06/2018)

02/08/2018 139 RESPONSE in Opposition re 131 MOTION to Dismiss Plaintiff Booher filed by Brianna Booher. (White, Matthew) (Entered: 02/08/2018)

02/08/2018 140 NOTICE of Filing by Brianna Booher re 139 Response in Opposition to Motion (Attachments: # 1 Attachment SULLIVAN COUNTY GENERAL SESSIONS CRIMINAL DOCKET INFORMATION)(White, Matthew) (Entered: 02/08/2018)

02/08/2018

141 MOTION for Leave to File Excess Pages in Combined Brief in Opposition to Defendants' Motions to Dismiss (Docket Entry Nos.: 118, 121, 128) by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Combined Brief in Opposition to Defendants' Motions to Dismiss)(White, Matthew) (Entered: 02/08/2018)

02/12/2018 142 ORDER granting 141 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 2/12/2018. (ab) (Entered: 02/12/2018)

02/12/2018

143 PLAINTIFFS' COMBINED RESPONSE in Opposition re 128 MOTION to Dismiss, 118 MOTION to Dismiss and 121 MOTION to Dismiss filed by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (ab) Modified on 2/16/2018 (ab). (Entered: 02/12/2018)

02/28/2018

144 REPLY to Response to Motion re 131 MOTION to Dismiss Plaintiff Booher filed by David W. Purkey. (Attachments: # 1 Exhibit A −− Booher case #RR36963, # 2 Exhibit B −− Booher case #RR38012, # 3 Exhibit C −− Booher case #RR38056, # 4 Exhibit D −− Second Declaration of Randi Cortazar (with Collective Exhibit 1 attached))(Campbell, Andrew) (Entered: 02/28/2018)

02/28/2018

145 MOTION to file Reply Brief in Excess of 25 Pages re 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs by David W. Purkey. (Attachments: # 1 Attachment Reply brief in Support of Motion to Dismiss Robinson, Sprague and Gibbs, # 2 Exhibit A −− Rutherford County Voluntary Payment Agreement and Order)(Campbell, Andrew) (Entered: 02/28/2018)

02/28/2018

146 NOTICE of Filing by David W. Purkey re 144 Reply to Response to Motion, 145 MOTION to file Reply Brief in Excess of 25 Pages re 128 MOTION to Dismiss Plaintiffs Robinson, Sprague and Gibbs (Attachments: # 1 Attachment 1 −− Fowler v. Johnson, No. CV 17−11441, 2017 WL 6379676 (E.D. Mich. Dec. 14, 2017), # 2 Attachment 2 −− Order, Fowler, et al. v. Johnson, 17−2504/18−1089 (6th Cir. Feb. 7, 2018), # 3 Attachment 3 −− Meyer v. Debt Recovery Sols. of Ohio, Inc., No. 1:10CV363, 2010 WL 3515663 (N.D. Ohio Sept. 2, 2010), # 4 Attachment 4 −− McDermott v. Barton, No. 14−CV−704−NJR−PMF, 2014 WL 6704544 (S.D. Ill. Nov. 26, 2014), # 5 Attachment 5 −− Exela Pharma Scis., LLC. v. Kappos, No. 1:12−CV−469, 2012 WL 3638552 (E.D. Va. Aug. 22, 2012), # 6 Attachment 6 −−

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Exela Pharma Scis., LLC v. Kappos, No. 1:12−CV−469, 2012 WL 6697068 (E.D., # 7 Attachment 7 −− Doe v. Haslam, No. 3:16−CV−02862, 2017 WL 5187117 (M.D. Tenn. Nov. 9, 2017), # 8 Attachment 8 −− Lyons v. Metro. Govt of Nashville & Davidson Cty., No. 3:08−0804, 2009 WL 2431430 (M.D. Tenn. Aug. 7, 2009), # 9 Attachment 9 −− Lyons v. Jacobs, No. 2:16−CV−813, 2017 WL 4168369 (S.D. Ohio Sept. 20, 2017), # 10 Attachment 10 −− Schroeder v. Ryan, No. 95 C 4613, 1995 WL 548756 (N.D. Ill. Sept. 11, 1995), # 11 Attachment Wright v. City of Wilmington, 677 F. Appx 95 (3d Cir. 2017), # 12 Attachment 12 −− Allen v. Barragan−Scott, 11−4191, 2012 WL 219337 (W.D. Mo. Jan. 24, 2012), # 13 Attachment 13 −− Burchfield v. Corel Corporation, 2013 WL 12120088 (N.D. Cal. Sept. 12, 2013), # 14 Attachment 14 −− Beaudry v. Telecheck Services, Inc., 2010 WL 2901781 (M.D. Tenn. July 20, 2010), # 15 Attachment 15 −− Gawry v. Countrywide Home Loans, Inc., 395 F. Appx 152 (6th Cir. 2010))(Campbell, Andrew) (Entered: 02/28/2018)

03/01/2018 147 ORDER granting 145 Motion to Submit a Reply Brief. Signed by District Judge Aleta A. Trauger on 3/1/2018. (mg) (Entered: 03/01/2018)

03/01/2018 148 COMMISSIONER DAVID PURKEY's REPLY BRIEF in Support of his Motion to Dismiss Plaintiffs Robinson, Sprague and Gibbs filed by David W. Purkey re 128 Motion to Dismiss filed by David W. Purkey. (mg) (Entered: 03/01/2018)

04/12/2018 149 MOTION to Withdraw as Attorney by David W. Purkey. (Dix, Katherine) (Entered: 04/12/2018)

04/12/2018 150 ORDER granting 149 Motion for Attorney Katherine Dix withdraw as counsel. Signed by District Judge Aleta A. Trauger on 4/12/2018. (mg) (Entered: 04/13/2018)

06/11/2018 151 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 6/11/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 06/11/2018)

06/11/2018

152 ORDER: For reasons explained in the accompanying Memorandum 151 , Fred Robinson, Ashley Sprague, and Johnny Gibbs's Motion to Certify Class (Docket No. 13 ) is hereby GRANTED as to the statewide class and DENIED as moot, without prejudice to refiling, with regard to the subclasses. The statewide class having been certified, the plaintiffs are ORDERED to designate in writing which individual or individuals seek appointment as class counsel, in accordance with Federal Rule of Civil Procedure 23(g), by close of business on June 25, 2018. The Motion to Dismiss filed by Susan Gaskill, Corey Linville, and the cities of Lebanon and Mt. Juliet (Docket No. 118 ), the Motion to Dismiss filed by Melissa Harrell, Debby Moss, and Rutherford and Wilson Counties (Docket No. 121 ), and the Motion to Dismiss Plaintiffs Robinson, Sprague, and Gibbs file by David W. Purkey (Docket No. 128 ) are hereby GRANTED in part and DENIED in part. The following claims are hereby DISMISSED: (1) all claims against Susan Gaskill and the City of Mt. Juliet; and (2) all claims for violations of procedural due process with regard to suspensions of which the plaintiffs had notice more than one year prior to the filing of the Complaint. An evidentiary hearing regarding the plaintiffs' Motion for Preliminary Injunction (Docket No. 25 ) is set for August 30, 2018 at 10:00 a.m. Signed by District Judge Aleta A. Trauger on 6/11/2018. (mg) (Entered: 06/11/2018)

06/19/2018

153 CORRECTED ORDER: For reasons explained in the accompanying Memorandum 151 , Fred Robinson, Ashley Sprague, and Johnny Gibbs's Motion to Certify Class (Docket No. 13 ) is hereby GRANTED as to the statewide class and DENIED as moot, without prejudice to refiling, with regard to the subclasses. The statewide class having been certified, the plaintiffs are ORDERED to designate in writing which individual or individuals seek appointment as class counsel, in accordance with Federal Rule of Civil Procedure 23(g), by close of business on June 25, 2018. The Motion to Dismiss filed by Susan Gaskill, Corey Linville, and the cities of Lebanon and Mt. Juliet (Docket No. 118 ), the Motion to Dismiss filed by Melissa Harrell, Debby Moss, and Rutherford and Wilson Counties (Docket No. 121 ), and the Motion to Dismiss Plaintiffs Robinson, Sprague, and Gibbs file by David W. Purkey (Docket No. 128 ) are hereby GRANTED in part and DENIED in part. The following claims are hereby DISMISSED: (1) all claims against Susan Gaskill and the City of Mt. Juliet; and (2) all claims for violations of procedural due process with regard to suspensions of which the plaintiffs had notice more than one year prior to the filing of the Complaint. Purkey's Motion to Dismiss Brianna Booher (Docket No. 131 ) is DENIED. An evidentiary

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06/22/2018 06/22/2018 06/25/2018 06/25/2018 06/25/2018 06/25/2018 06/25/2018 07/11/2018 07/12/2018 07/31/2018 07/31/2018 07/31/2018 08/01/2018 08/06/2018
08/07/2018
08/10/2018 08/10/2018
08/10/2018

hearing regarding the plaintiffs' Motion for Preliminary Injunction (Docket No. 25) is set for August 30, 2018 at 10:00 a.m. Signed by District Judge Aleta A. Trauger on 6/19/2018. (mg) (Entered: 06/20/2018)
154 ANSWER to 111 Amended Complaint by David W. Purkey.(Campbell, Andrew) (Entered: 06/22/2018)
155 NOTICE of Appearance by Sara Ohlman on behalf of David W. Purkey (Ohlman, Sara) (Entered: 06/22/2018)
TN State Bar status verified as active for Sara Ohlman. (mg) (Entered: 06/25/2018)
156 NOTICE of Filing by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague re 153 Order, Terminate Motions, Set Hearings, Designation of Individuals Seeking Appointment as Class Counsel (White, Matthew) (Entered: 06/25/2018)
157 ANSWER to 111 Amended Complaint by Lebanon, Tennessee, Corey Linville.(Berexa, Kristin) (Entered: 06/25/2018)
158 ANSWER to 111 Amended Complaint by Debby Moss, Wilson County, Tennessee.(Berexa, Kristin) (Entered: 06/25/2018)
159 ANSWER to 111 Amended Complaint by Melissa Harrell, Rutherford County, Tennessee.(Cope, Edward) (Entered: 06/25/2018)
160 MOTION Reschedule Hearing on Plaintiffs' Motion for Preliminary Injunction re 153 Order, Terminate Motions, Set Hearings, by Lebanon, Tennessee, Corey Linville, Debby Moss, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 07/11/2018)
161 ORDER: Motion 160 is GRANTED for rescheduling of the evidentiary hearing. Hearing reset for 9/5/18 at 1:00 p.m. Signed by District Judge Aleta A. Trauger on 7/12/2018. (mg) (Entered: 07/12/2018)
162 NOTICE to Take Deposition of 30(b)(6) for Tennessee Department of Safety and Homeland Security by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague.(White, Matthew) (Entered: 07/31/2018)
163 NOTICE to Take Deposition of 30(b)(6) for Lebanon, Tennessee by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague.(White, Matthew) (Entered: 07/31/2018)
164 NOTICE to Take Deposition of 30(b)(6) for Wilson County, Tennessee by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague.(White, Matthew) (Entered: 07/31/2018)
165 STIPULATION with Respect to Rutherford Defendants by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 08/01/2018)
166 ORDER: Rutherford County and Harrell's deemed−filed motion is hereby GRANTED and the claims against those defendants DISMISSED. Signed by District Judge Aleta A. Trauger on 8/6/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 08/06/2018)
167 Joint MOTION Joint Motion Regarding Pre−Hearing Schedule with Respect to Plaintiffs' Motion for Preliminary Injunction re 25 MOTION for Preliminary Injunction by Brianna Booher, Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 08/07/2018)
168 Consent MOTION of Plaintiff Booher to Withdraw by Brianna Booher. (White, Matthew) (Entered: 08/10/2018)
169 ORDER: Motion 167 is GRANTED regarding the pre−hearing schedule with the exception that all filings scheduled to be made on 8/31/18 shall instead, be made on 8/30/18 by 12:00 noon. Signed by District Judge Aleta A. Trauger on 8/10/2018. (mg) (Entered: 08/10/2018)
170 ORDER: Motion 168 is GRANTED for Plaintiff Booher to be dropped as a party. Signed by District Judge Aleta A. Trauger on 8/10/2018. (mg) (Entered: 08/10/2018)

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08/12/2018

171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment A−1: Second Amended Complaint, # 2 Attachment A−2: Second Amended Complaint Showing Changes, # 3 Attachment B: Designation of Counsel for Subclasses)(White, Matthew) (Entered: 08/12/2018)

08/12/2018

172 MEMORANDUM in Support of 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses filed by Johnny Gibbs, Fred Robinson, Ashley Sprague . (Attachments: # 1 Exhibit 1: Mecklenburg Imposition Bench Card, # 2 Exhibit 2: Mecklenburg Non−Payment Bench Card)(White, Matthew) (Entered: 08/12/2018)

08/12/2018

173 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses Notice of Filing Declarations (Attachments: # 1 Attachment Krugman Declaration with Exhibit, # 2 Attachment Donelson Declaration, # 3 Exhibit Donelson Dec Ex 1: CV, # 4 Exhibit Donelson Dec Ex 2: Dataset, # 5 Exhibit Donelson Dec Ex 3: Regressions and Linear Predictions, # 6 Exhibit Donelson Dec Ex 4: Summary and Confidence Intervals, # 7 Exhibit Donelson Dec Ex 5: Unreinstated Three−Variable Regression, # 8 Exhibit Donelson Dec Ex 6: Unreinstated Two−Variable Regression)(White, Matthew) (Entered: 08/12/2018)

08/13/2018

174 ORDER: Given the approaching preliminary injunction hearing, it is hereby ORDERED that all responses to the Plaintiffs' Motion for Leave to File Second Amended Complaint and to Certify Subclasses (Docket No. 171 ) shall be filed by August 24, 2018. Signed by District Judge Aleta A. Trauger on 8/13/2018. (mg) (Entered: 08/13/2018)

08/20/2018 175 MOTION to Substitute Party Pursuant to Fed.R.Civ.P. 25(d) by Lebanon, Tennessee, Corey Linville. (Berexa, Kristin) (Entered: 08/20/2018)

08/20/2018

176 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses , 25 MOTION for Preliminary Injunction Supplemental Declaration of Edward P. Krugman (Attachments: # 1 Attachment Supplemental Declaration of Edward P. Krugman)(White, Matthew) (Entered: 08/20/2018)

08/20/2018 177 MOTION to Dismiss by Lebanon, Tennessee. (Berexa, Kristin) (Entered: 08/20/2018)

08/20/2018

178 NOTICE of Filing by Lebanon, Tennessee re 177 MOTION to Dismiss (Attachments: # 1 Attachment Affidavit of Mike Justice, # 2 Exhibit Ex. 1 − Lebanon City Court Information Notice, # 3 Attachment Affidavit of Honorable James Flood, # 4 Exhibit Ex. 1 − Notice of Revised Court Policies for Indigent Persons, # 5 Exhibit Ex.2 − Lebanon City Court Information Notice, # 6 Exhibit Ex. 3 − Notice to Indigent Persons, Aff. of Indigency and Supplemental Aff. of Indigency, # 7 Exhibit Ex. 4 − Judge's Opening Remarks, # 8 Attachment Affidavit of Kim Chambers, # 9 Exhibit Ex. 1 − Notice: Revised Court Policies for Indigent Persons, # 10 Exhibit Ex. 2 − Notice to Indigent Persons, Aff. of Indigency and Supplemental Aff. Indigency)(Berexa, Kristin) (Entered: 08/20/2018)

08/20/2018 179 MEMORANDUM in Support of 177 MOTION to Dismiss filed by Lebanon, Tennessee . (Berexa, Kristin) (Entered: 08/20/2018)

08/21/2018

180 NOTICE of Filing by Lebanon, Tennessee re 179 Memorandum in Support (Attachments: # 1 Attachment Unpublished Case Law − Kantz v. Rubin Lublin, PLLC, # 2 Attachment Unpublished Case Law − Irwin v. Tenn. Valley Auth.)(Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018 181 MOTION to Dismiss by Debby Moss, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018

182 NOTICE of Filing by Debby Moss, Wilson County, Tennessee re 181 MOTION to Dismiss (Attachments: # 1 Attachment Affidavit of Judge Haywood Barry, # 2 Exhibit Ex. 1 − Order Regarding Reporting, # 3 Exhibit Ex. 2 − Notice Revised Court Policies for Indigent Persons, # 4 Exhibit Ex. 3 − Opening Remarks/Court Announcements, # 5 Attachment Affidavit of Court Clerk Debbie Moss, # 6 Exhibit Ex. 1 Notice to Indigent Persons; Affidavit of Indigency; Supplemental Affidavit of Indigency, # 7 Exhibit Ex. 2. Notice Revised Court Policies for Indigent Persons, # 8 Exhibit Ex. 3 −

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Order Regarding Reporting)(Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018 183 MEMORANDUM in Support of 181 MOTION to Dismiss filed by Debby Moss, Wilson County, Tennessee . (Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018

184 NOTICE of Filing by Debby Moss, Wilson County, Tennessee re 183 Memorandum in Support (Attachments: # 1 Attachment Unpublished Case Law − Kantz v. Rubin Lublin, PLLC, # 2 Attachment Unpublished Case Law − Irwin v. Tenn. Valley Auth.)(Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018 185 ORDER granting 175 Motion to Substitute Kim Chambers as the Lebanon Municipal Court Clerk in place of Cory Linville. Signed by District Judge Aleta A. Trauger on 8/21/2018. (mg) Modified text on 8/22/2018 (mg). (Entered: 08/21/2018)

08/21/2018 186 RESPONSE in Opposition re 25 MOTION for Preliminary Injunction filed by Kim Chambers, Lebanon, Tennessee, Debby Moss, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 08/21/2018)

08/21/2018

187 RESPONSE in Opposition re 25 MOTION for Preliminary Injunction filed by David W. Purkey. (Attachments: # 1 Exhibit 1 −− Cortazar Declaration, # 2 Exhibit 1A −− Exh A to Cortazar Declaration, # 3 Exhibit 2 −− Robinson Responses to Requests for Admission, # 4 Exhibit 3 −− Sprague Responses to Requests for Admission, # 5 Exhibit 4 −− Gibbs Responses to Requests for Admission, # 6 Exhibit 5 −− Robinson's Voluntary Payment Agreement, # 7 Exhibit 6 −− Robinson's Amended Voluntary Payment Agreement, # 8 Exhibit 7 −− General Sessions Court Order, # 9 Exhibit 8 −− Hadley Declaration)(Campbell, Andrew) (Attachment 6 replaced on 8/23/2018 PER ORDER 194 ) (mg). (Attachment 7 replaced on 8/23/2018 PER ORDER 194 ) (mg). Modified text on 8/23/2018 (mg). (Entered: 08/21/2018)

08/21/2018

188 NOTICE of Filing by David W. Purkey re 187 Response in Opposition to Motion,, (Attachments: # 1 Attachment 1 −− Trump v. Hawaii, # 2 Attachment 2 −− Evans v. Rhodes, # 3 Attachment 3 −− Fowler v. Johnson, # 4 Attachment 4 −− State v. Ryan, # 5 Attachment 5 −− State v. Lafever)(Campbell, Andrew) (Entered: 08/21/2018)

08/21/2018

189 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 25 MOTION for Preliminary Injunction Declarations with Respect to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Attachment August 16, 2018 Declaration of Fred Robinson, # 2 Attachment August 16, 2018 Declaration of Johnny Gibbs, # 3 Attachment August 14, 2018 Declaration of Ashley Sprague, # 4 Attachment Declaration of Adie Tomer with exhibits, filed in Thomas v. Purkey, No. 3:17−cv−00005)(White, Matthew) (Entered: 08/21/2018)

08/22/2018 190 Exhibit List and Undeposed Witness List for Preliminary Injunction Hearing by Debby Moss, Wilson County, Tennessee.. (Berexa, Kristin) (Entered: 08/22/2018)

08/22/2018 191 Exhibit List and Undeposed Witness List for Preliminary Injunction Hearing by Kim Chambers, Lebanon, Tennessee.. (Berexa, Kristin) (Entered: 08/22/2018)

08/22/2018

192 MOTION to Substitute Exhibits re 187 Response in Opposition to Motion,, by David W. Purkey. (Attachments: # 1 Exhibit 5 (redacted) −− Voluntary Payment Agreement, # 2 Exhibit 6 (redacted) −− Amended Voluntary Payment Agreement)(Campbell, Andrew) (Entered: 08/22/2018)

08/22/2018 193 Exhibit List for Preliminary Injunction Hearing by David W. Purkey.. (Campbell, Andrew) (Entered: 08/22/2018)

08/23/2018 194 ORDER granting 192 Motion for permission to substitute exhibits. Signed by District Judge Aleta A. Trauger on 8/23/2018. (mg) (Entered: 08/23/2018)

08/23/2018

195 NOTICE by Johnny Gibbs, Fred Robinson, Ashley Sprague re 25 MOTION for Preliminary Injunction Notice of Partial Withdrawal of Motion for Preliminary Injunction as to Defendants City of Lebanon, Wilson County, Moss, and Chambers (White, Matthew) (Entered: 08/23/2018)

08/23/2018

196 Joint MOTION to Set Briefing Schedule for Lebanon and Wilson Motions to Dismiss and to Adjourn Motion to Certify Subclasses re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses , 181 MOTION to Dismiss , 177 MOTION to Dismiss by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White,

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Matthew) (Entered: 08/23/2018)

08/23/2018

197 ORDER: Motion 196 GRANTED to set Briefing Schedule for Lebanon and Wilson Motions to Dismiss and to Adjourn Motion to Certify Subclasses for extensions as requested. Signed by District Judge Aleta A. Trauger on 8/23/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 08/23/2018)

08/24/2018 198 RESPONSE in Opposition re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses filed by Kim Chambers, Lebanon, Tennessee, Debby Moss, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 08/24/2018)

08/24/2018 199 REPLY to Response to Motion re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 08/24/2018)

08/24/2018 200 RESPONSE to Motion re 171 MOTION for Leave to File a Second Amended Complaint and to Certify Subclasses filed by David W. Purkey. (Campbell, Andrew) (Entered: 08/24/2018)

08/24/2018 201 NOTICE by David W. Purkey of Witness Identification (Campbell, Andrew) (Entered: 08/24/2018)

08/30/2018 202 Joint MOTION to Cancel Preliminary Injunction Hearing re 25 MOTION for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 08/30/2018)

08/30/2018

203 MOTION for Leave to File Excess Pages in Plaintiffs' Reply Brief in Support of their Motion for Preliminary Injunction by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Reply Brief of Plaintiffs and the Class In Support of Their Motion for Preliminary Injunction)(White, Matthew) (Entered: 08/30/2018)

08/30/2018

204 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 25 MOTION for Preliminary Injunction Documents in Support of Motion for Preliminary Injunction (Attachments: # 1 Attachment The City of Phoenix Municipal Court's Compliance Assistance Program, 2016: An Economic Assessment, # 2 Attachment Driver's License Suspensions, Impacts and Fairness Study, # 3 Attachment Rethinking Driver's License Suspensions for Nonpayment of Fines and Fees, 2017 Trends in State Courts)(White, Matthew) (Entered: 08/30/2018)

08/30/2018

205 Exhibit List of Plaintiffs and the Class for Preliminary Injunction Hearing by Johnny Gibbs, Fred Robinson, Ashley Sprague.. (Attachments: # 1 Exhibit Official Driver Record for Plaintiff Fred Robinson, # 2 Exhibit Email from Counsel for Purkey regarding topics and witnesses for TDSHS 30(b)(6) deposition, # 3 Exhibit Summary Exhibit Showing Number of Suspended Drivers and Number of Unresolved Suspensions 2014−2018, # 4 Exhibit Summary Exhibit Pursuant Showing Timing of Suspensions Resolved and Drivers Relicensed for Suspensions in 2015−2017, # 5 Exhibit Summary Exhibit Showing Suspension Years to Which Resolutions Relate, # 6 Exhibit Excerpt of TDSHS 30(b)(6) DepositionHadley, # 7 Exhibit Excerpt of TDSHS 30(b)(6) DepositionFenske/Cortazar, # 8 Exhibit Wilson County Order Regarding Reporting of Failure to Appear or Failure to Pay to the Department of Safety With Respect to Traffic Citations, # 9 Exhibit City of Lebanon Notice to Indigent Persons, # 10 Exhibit Wilson County Notice to Indigent Persons)(White, Matthew) (Entered: 08/30/2018)

08/30/2018 206 ORDER granting 202 Motion to Cancel Preliminary Injunction Hearing. Signed by District Judge Aleta A. Trauger on 8/30/2018. (mg) (Entered: 08/30/2018)

08/30/2018 207 ORDER granting 203 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 8/30/2018. (mg) (Entered: 08/30/2018)

08/31/2018

208 MOTION for attorney(s) Tara Mikkilineni to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650−2743942) by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 08/31/2018)

08/31/2018 209 MOTION for attorney(s) Eric Halperin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650−2743947) by Johnny Gibbs, Fred Robinson, Ashley Sprague.

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(Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 08/31/2018)

09/04/2018

DC State Bar status verified as active for Tara Mikkilineni, and Eric Halperin. (mg) (Entered: 09/04/2018)

09/04/2018

210 ORDER granting 208 Motion for Tara Mikkilineni to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/4/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/04/2018)

09/04/2018

211 ORDER granting 209 Motion for Eric Halperin to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/4/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/04/2018)

09/04/2018

212 REPLY BRIEF OF PLAINTIFFS AND THE CLASS IN SUPPORT OF THEIR MOTION FOR PRELIMINARY INJUNCTION filed by Johnny Gibbs, Fred Robinson, Ashley Sprague re 25 Motion for Preliminary Injunction. (mg) (Entered: 09/04/2018)

09/07/2018

213 NOTICE of Filing by Johnny Gibbs, Fred Robinson, Ashley Sprague re 25 MOTION for Preliminary Injunction Deposition Transcripts and Exhibits (Attachments: # 1 Attachment Deposition Transcript of Cortazar and Fenske, # 2 Attachment Cortazar Errata, # 3 Attachment Fenske Errata, # 4 Attachment Deposition Transcript of Hadley, # 5 Attachment Hadley Errata, # 6 Attachment 30(b)(6) Exhibit 1, # 7 Attachment 30(b)(6) Exhibit 2, # 8 Attachment 30(b)(6) Exhibit 3, # 9 Attachment 30(b)(6) Exhibit 4, # 10 Attachment 30(b)(6) Exhibit 5, # 11 Attachment 30(b)(6) Exhibit 6, # 12 Attachment 30(b)(6) Exhibit 7, # 13 Attachment 30(b)(6) Exhibit 8, # 14 Attachment 30(b)(6) Exhibit 9, # 15 Attachment 30(b)(6) Exhibit 10, # 16 Attachment 30(b)(6) Exhibit 11, # 17 Attachment 30(b)(6) Exhibit 12, # 18 Attachment 30(b)(6) Exhibit 13, # 19 Attachment 30(b)(6) Exhibit 14, # 20 Attachment 30(b)(6) Exhibit 15, # 21 Attachment 30(b)(6) Exhibit 16, # 22 Attachment 30(b)(6) Exhibit 17, # 23 Attachment 30(b)(6) Exhibit 18, # 24 Attachment 30(b)(6) Exhibit 19, # 25 Attachment 30(b)(6) Exhibit 20, # 26 Attachment 30(b)(6) Exhibit 21, # 27 Attachment 30(b)(6) Exhibit 21A, # 28 Attachment 30(b)(6) Exhibit 22, # 29 Attachment 30(b)(6) Exhibit 23, # 30 Attachment 30(b)(6) Exhibit 24A, # 31 Attachment 30(b)(6) Exhibit 24B, # 32 Attachment 30(b)(6) Exhibit 24C)(White, Matthew) (Attachment 20 replaced on 9/19/2018) (am). (Attachment 29 replaced on 9/19/2018) (am). (Entered: 09/07/2018)

09/12/2018 214 MOTION to Substitute Exhibits re 213 Notice (Other),,,,, by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Attachments: # 1 Attachment Exhibit 15 − Redacted, # 2 Attachment Exhibit 23 − Redacted)(White, Matthew) (Entered: 09/12/2018)

09/12/2018 215 NOTICE to Take Deposition of Rule 30(b)(6) Deponent for Defendant City of Lebanon by Johnny Gibbs, Fred Robinson, Ashley Sprague.(White, Matthew) (Entered: 09/12/2018)

09/12/2018 216 NOTICE to Take Deposition of Rule 30(b)(6) Deponent for Defendant Wilson County by Johnny Gibbs, Fred Robinson, Ashley Sprague.(White, Matthew) (Entered: 09/12/2018)

09/17/2018 217 ORDER granting 214 Motion to Substitute Exhibits. Signed by District Judge Aleta A. Trauger on 9/17/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/17/2018)

09/24/2018 218 NOTICE of Filing by Kim Chambers, Lebanon, Tennessee re 177 MOTION to Dismiss (Attachments: # 1 Attachment City of Lebanon Resolution No. 18−2233)(Berexa, Kristin) (Entered: 09/24/2018)

09/24/2018 219 Joint MOTION Revise Briefing Schedule re 181 MOTION to Dismiss , 177 MOTION to Dismiss by Kim Chambers, Lebanon, Tennessee, Debby Moss, Wilson County, Tennessee. (Berexa, Kristin) (Entered: 09/24/2018)

09/25/2018 220 ORDER granting 219 Joint Motion to Revise Briefing Schedule with Respect to Local Government Defendant's Motions to Dismiss. Signed by District Judge Aleta A. Trauger on 9/25/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS
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MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/25/2018)

10/16/2018

221 NOTICE of Filing by Kim Chambers, Lebanon, Tennessee re 177 MOTION to Dismiss (Attachments: # 1 Attachment Affidavit of Hon. James Flood, # 2 Exhibit Ex. A − Revised Notice to Indigent Persons, # 3 Exhibit Ex. B − Notice About Your Driver's License, # 4 Exhibit Ex. C − Court's Opening Announcements, # 5 Exhibit Ex. D − Revised Notice to Defendant)(Berexa, Kristin) (Entered: 10/16/2018)

10/16/2018 222 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 10/16/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/16/2018)

10/16/2018

223 ORDER granting in part and denying in part 25 Motion for Preliminary Injunction. Signed by District Judge Aleta A. Trauger on 10/16/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/16/2018)

10/16/2018

224 NOTICE of Filing by Debby Moss, Wilson County, Tennessee re 181 MOTION to Dismiss (Attachments: # 1 Attachment Supplemental Affidavit of Court Clerk Debbie Moss, # 2 Exhibit A − Revised Notice to Indigent Persons, # 3 Exhibit B − Notice About Your Driver's License, # 4 Exhibit C − Final Order for Existing Suspensions)(Berexa, Kristin) (Entered: 10/16/2018)

10/16/2018

225 RESPONSE to Motion re 181 MOTION to Dismiss , 177 MOTION to Dismiss Response of Plaintiffs and the Class to the Local Government Defendants' Motions to Dismiss as Moot filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 10/16/2018)

10/17/2018 226 NOTICE of Filing by Debby Moss, Wilson County, Tennessee re 224 Notice (Other), (Attachments: # 1 Exhibit A − Fully Executed Final Order)(Berexa, Kristin) (Entered: 10/17/2018)

10/17/2018

227 ORDER granting 177 Motion to Dismiss; granting 181 Motion to Dismiss. All other claims against local government defendants having been dismissed at earlier stages, the only remaining defendant is Tennessee Department of Safety and Homeland Security Commissioner David W. Purkey, who has been sued in his official capacity. Signed by District Judge Aleta A. Trauger on 10/17/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/17/2018)

10/18/2018 228 NOTICE OF APPEAL as to 222 Memorandum Opinion of the Court, 223 Order on Motion for Preliminary Injunction by David W. Purkey. Filing fee $ 505, receipt number 0650−2778061. (Campbell, Andrew) (Entered: 10/18/2018)

10/18/2018 229 MOTION to Stay re 223 Order on Motion for Preliminary Injunction Seeking Stay of Paragraphs 2 and 3 by David W. Purkey. (Campbell, Andrew) (Entered: 10/18/2018)

10/18/2018

230 MEMORANDUM in Support of 229 MOTION to Stay re 223 Order on Motion for Preliminary Injunction Seeking Stay of Paragraphs 2 and 3 filed by David W. Purkey . (Attachments: # 1 Exhibit A −− Declaration of Susan Lowe, # 2 Exhibit B −− Declaration of Sonya Hadley, # 3 Attachment Unreported Opinion (Kogan v Tennessee Bd of Dentistry))(Campbell, Andrew) (Entered: 10/18/2018)

10/19/2018

231 RESPONSE to Motion re 229 MOTION to Stay re 223 Order on Motion for Preliminary Injunction Seeking Stay of Paragraphs 2 and 3 Initial Response of Plaintiffs and the Class to Defendant Purkey's Motion to Stay filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 10/19/2018)

10/24/2018 232 USCA Case Number 18−6121 for 228 Notice of Appeal filed by David W. Purkey. Case Manager Robin L. Johnson (am) (Entered: 10/24/2018)

10/24/2018 233 RESPONSE in Opposition re 229 MOTION to Stay re 223 Order on Motion for Preliminary Injunction Seeking Stay of Paragraphs 2 and 3 filed by Johnny Gibbs, Fred Robinson, Ashley Sprague. (White, Matthew) (Entered: 10/24/2018)

10/26/2018 234 REPLY to Response to Motion re 229 MOTION to Stay re 223 Order on Motion for Preliminary Injunction Seeking Stay of Paragraphs 2 and 3 filed by David W. Purkey. (Attachments: # 1 Exhibit A −− 10/24/18 new report, # 2 Attachment Tenn. Pub. Ch.

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 25 of 26

10/29/2018 11/05/2018
11/05/2018
11/08/2018 05/29/2019 06/17/2019 06/17/2019
06/19/2019 06/20/2019
08/02/2019 08/05/2019 08/12/2019
08/12/2019
10/22/2019 10/23/2019 05/20/2020

929 (eff 7/1/18))(Campbell, Andrew) (Entered: 10/26/2018)
235 NOTICE by Johnny Gibbs, Fred Robinson, Ashley Sprague re 227 Order on Motion to Dismiss,,, Plaintiffs' Notice in Response to ECF #227 (White, Matthew) (Entered: 10/29/2018)
236 MEMORANDUM OPINION OF THE COURT & ORDER: For the foregoing reasons, the Commissioner's Motion for Partial Stay Pending Appeal (Docket No. 229) is hereby GRANTED in part and DENIED in part. Signed by District Judge Aleta A. Trauger on 11/5/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 11/05/2018)
237 ORDER denying 171 Motion for Leave to File a Second Amended Complaint and Certify Subclasses. Signed by District Judge Aleta A. Trauger on 11/5/2018. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 11/05/2018)
238 NOTICE of Filing by David W. Purkey re 236 Memorandum Opinion of the Court,, Order, (Campbell, Andrew) (Entered: 11/08/2018)
239 ORDER of USCA as to 228 Notice of Appeal filed by David W. Purkey. Accordingly, the motion for a partial stay pending appeal is GRANTED. (am) (Entered: 05/29/2019)
240 MOTION to Withdraw as Attorney by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Wang, Jonas) (Entered: 06/17/2019)
241 ORDER granting 240 Motion to Withdraw as Attorney. Attorney Jonas Wang terminated. Signed by District Judge Aleta A. Trauger on 6/17/2019. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 06/18/2019)
242 MOTION to Withdraw as Attorney by David W. Purkey. (Ohlman, Sara) (Entered: 06/19/2019)
243 ORDER granting 242 Motion to Withdraw as Attorney. Attorney Sara Ohlman terminated. Signed by District Judge Aleta A. Trauger on 6/20/2019. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 06/20/2019)
244 MOTION to Withdraw as Attorney Premal Dharia by Johnny Gibbs, Fred Robinson, Ashley Sprague. (Dharia, Premal) (Entered: 08/02/2019)
245 MOTION to Withdraw as Attorney by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 08/05/2019)
246 ORDER granting 244 Motion to Withdraw as Attorney. Attorney Premal Dharia terminated. Signed by District Judge Aleta A. Trauger on 8/12/2019. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 8/12/2019 (am). (Entered: 08/12/2019)
247 ORDER granting 245 Motion to Withdraw as Attorney. Attorney Josh A. McCreary terminated. Signed by District Judge Aleta A. Trauger on 8/12/2019. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/12/2019)
248 MOTION to Substitute Attorney by Melissa Harrell, Rutherford County, Tennessee. (Cope, Edward) (Entered: 10/22/2019)
249 ORDER granting 248 Motion to Substitute Attorney. Signed by District Judge Aleta A. Trauger on 10/23/2019. (mg) (Entered: 10/23/2019)
250 INFORMATION COPY from 6CCA. OPINION filed : REVERSED and REMANDED. Decision not for publication. R. Guy Cole, Jr., Chief Judge (CONCURRING IN THE JUDGMENT); Danny J. Boggs (AUTHORING) and Jeffrey S. Sutton, Circuit Judges. (Cathryn Lovely) MANDATE TO ISSUE. (bs) (Entered: 05/20/2020)

Case: 3:17-cv-1263 As of: 06/02/2020 08:01 PM CDT 26 of 26

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE

FRED ROBINSON; ASHLEY SPRAGUE;

)

and JOHNNY GIBBS, on behalf of

)

themselves and all others similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner of the

)

Tennessee Department of Safety and Homeland )

Security, in his official capacity; DEBBIE MOSS, )

Circuit Court Clerk of Wilson County, Tennessee, )

in her official capacity; MELISSA HARRELL, )

Circuit Court Clerk of Rutherford County,

)

Tennessee, in her official capacity; COREY

)

LINVILLE, Court Clerk of the Municipal Court )

of Lebanon, Tennessee, in his official capacity; )

SUSAN GASKILL, Court Clerk of the City Court )

of Mt. Juliet, Tennessee, in her official capacity; )

WILSON COUNTY, TENNESSEE;

)

RUTHERFORD COUNTY, TENNESSEE;

)

LEBANON, TENNESSEE; and MT. JULIET, )

TENNESSEE,

)

)

Defendants.

)

COMPLAINT – CLASS ACTION

INTRODUCTION

1. Over the past five years, Tennessee has suspended more than a quarter of a million

driver’s licenses for nonpayment of fines, court costs, and litigation taxes arising from driving

offenses and traffic citations (together, “Traffic Debt”). These suspensions are not part of the pun-

ishment for any traffic-related infraction; they relate solely to debt collection. Plaintiffs and class

members in this case lost their licenses simply because of their poverty.

2. In most of Tennessee, a driver’s license is essential to economic self-sufficiency

and to meaningful participation in society. Without their driver’s licenses, Plaintiffs and class

Case 3:17-cv-01263 Document 1 Filed 09/13/17 Page 1 of 32 PageID #: 1

members have difficulty finding and maintaining employment, going to the doctor, attending church or other religious services, caring for and spending time with family members, taking their children to school, grocery shopping, and participating in other fundamental aspects of daily life.
3. Throughout Tennessee, county and municipal court clerks collect Traffic Debt without any inquiry into the debtor’s ability to pay. If the clerks do not receive payment, they notify the Tennessee Department of Safety and Homeland Security (“the Department”). They make no inquiry into the reasons for nonpayment.
4. Upon being notified of nonpayment by a clerk’s office, the Department, under the purview of Defendant Purkey, suspends driver’s licenses automatically, without conducting any inquiry into the driver’s ability to pay.
5. As alleged in more detail below, under the statutory scheme and pursuant to the Department’s policy and practice, many of these suspensions occur entirely without notice to the licensees.
6. Moreover, the Department never provides licensees with an opportunity to be heard on the central issue of whether they have the ability to pay the Traffic Debt.
7. Because the Department does not routinely notify people that their licenses have been or will be suspended, many people continue to drive in the mistaken belief that they have a valid license.
8. Others knowingly drive without a license because they need to get to work or important medical appointments and they have no other means of transportation.
9. Many Tennessee residents are charged with driving on suspended licenses, for which they incur more fines and costs that they cannot afford to pay, and for which they may even
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be incarcerated. Defendants’ policies and practices thus trap indigent Tennesseans in a vicious cycle of debt from which escape is virtually impossible.
10. Defendants violate the Due Process and Equal Protection Clauses of the United States Constitution (1) by effecting the suspension of the licenses of Plaintiffs and class members without notice and without consideration of their ability to pay, in violation of Bearden v. Georgia, 461 U.S. 660 (1983), and Bell v. Burson, 402 U.S. 535 (1971); and (2) by subjecting people who owe Traffic Debt to unduly harsh and discriminatory treatment as compared to other judgment debtors, in violation of James v. Strange, 407 U.S. 128 (1972).
11. Plaintiffs and class members seek declaratory and injunctive relief, on behalf of themselves and all others similarly situated, prohibiting Defendants from suspending driver’s licenses without providing notice and without considering ability to pay, in violation of the United States Constitution.
JURISDICTION AND VENUE 12. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 1983, 28 U.S.C. § 1331, and the Fourteenth Amendment to the United States Constitution. Declaratory relief is available pursuant to 28 U.S.C. §§ 2201 and 2202. 13. Venue in this district is proper under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to this claim occurred in the district.
PARTIES 14. Plaintiff Fred Robinson resides in Murfreesboro, Tennessee. 15. Plaintiff Ashley Sprague resides in Lebanon, Tennessee. 16. Plaintiff Johnny Gibbs resides in Murfreesboro, Tennessee.
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17. Defendant David W. Purkey is the Commissioner of the Tennessee Department of Safety and Homeland Security. He is sued in his official capacity.
18. Defendant Melissa Harrell is the Circuit Court Clerk of Rutherford County, Tennessee and, as such, is also the Clerk of other Rutherford County courts, including the General Sessions Court. She is sued in her official capacity.
19. Defendant Debbie Moss is the Circuit Court Clerk of Wilson County, Tennessee and, as such, is also the Clerk of other Wilson County courts, including the General Sessions Court. She is sued in her official capacity.
20. Defendant Corey Linville is the Clerk of the Municipal Court of Mount Juliet, Tennessee. He is sued in his official capacity.
21. Defendant Susan Gaskill is the Clerk of the City Court of Lebanon, Tennessee. She is sued in her official capacity.
22. Rutherford and Wilson Counties are two of the 95 counties of the State of Tennessee.
23. Mt. Juliet and Lebanon are municipalities in Wilson County, Tennessee. FACTUAL ALLEGATIONS
Collection of Traffic Debt 24. In Tennessee, those who have the means to pay Traffic Debt keep their driver’s
licenses; drivers without such means lose their licenses when they cannot pay Traffic Debt. 25. Collection of Traffic Debt is the responsibility of county court clerks and the clerks
of municipal or city courts throughout Tennessee. 26. Clerks generally provide a 30-90 day window for collection of the full amount of
Traffic Debt. The number of days varies by jurisdiction.
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27. When the deadline passes without payment, the clerks, as an act of debt collection, notify the Department of the nonpayment.
28. Court clerks in general, and Defendants Moss, Harrell, Linville, and Gaskill (collectively, the “Clerks” or the “Clerk Defendants”) in particular, send notices of nonpayment to the Department to effect suspensions without conducting any individualized inquiry into the reasons for nonpayment, including into the driver’s ability to pay Traffic Debt. Tennessee’s Driver’s License Suspension Law
29. Under Tennessee law: The Department is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee . . . (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine and costs imposed for that offense . . . ; [or] (I) Has failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic.
Tenn. Code Ann. § 55-50-502(a)(1), (a)(1)(H), (I) (West 2015) (together, the “Statute”) (emphases added).
License Suspension Under Subsection (H) – Driving Offenses 30. When the Department receives notice from a clerk that a license-holder has not paid fines and costs imposed for a driving offense under subsection (a)(1)(H), it suspends that person’s driver’s license immediately. 31. If a person never had a valid driver’s license, the Department creates a license number for that person and then “suspends” that “license.” 32. Although the Statute merely “authorize[s]” such suspension, it is the policy and practice of the Department, under Defendant Purkey, to effect suspensions immediately and automatically upon receiving the clerk’s notice of nonpayment under subsection (a)(1)(H).
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33. The Statute does not require the Department to send a pre-suspension notice under
subsection (a)(1)(H), and the Department under Defendant Purkey in fact does not provide such
notice.
34. As a result, license-holders receive no notice stating that their license will be sus-
pended, the basis for the suspension, the date of the suspension, and how to challenge the suspen-
sion, including by raising the license holder’s inability to pay by reason of poverty.
35. Because they do not receive notice, many people regularly drive on the roads and
highways of Tennessee without knowing that they may be committing an offense for which they
could be subject to arrest, prosecution, and incarceration.
36. The statute allows for a person whose license was suspended under subsection
(a)(1)(H) to apply to the court for a restricted license. However, the restricted license provisions
are constitutionally inadequate because:
(a) The restricted license is valid only for going to and from work at the person’s regular place of employment.
(b) As a condition of receiving the restricted license, a person must make payments “calculated to fully pay the moneys owing.” The statute does not require that the payments be affordable.
(c) People who do not work, or who work but do not earn enough to make payments, cannot obtain or benefit from a restricted license.
(d) The statute mandates that failure to make timely payments shall result in suspension of the restricted license, without inquiry into a person’s ability to pay or whether the person had a good reason for missing the payment.
(e) The statute allows the court to issue restricted licenses only one time per person. If a person’s restricted license is suspended because of a missed payment, that person may not ever obtain a restricted license again.
Tenn. Code Ann. § 55-50-502(j).
37. Restricted licenses are also largely unavailable. As a matter of policy and practice,
neither the Department under Defendant Purkey, nor the Counties under Defendants Moss and
Harrell, nor the municipalities under Defendants Linville and Gaskill, inform Traffic Debtors of
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the existence of restricted licenses under section 55-50-502(j), and the Clerk Defendants affirmatively tell Traffic Debtors that they must pay Traffic Debt in full in order to regain their licenses.
License Suspension under Subsection (I) – Traffic Citations 38. When the Department receives a notice from a clerk that someone has not paid fines and costs imposed for a traffic citation under subsection (a)(1)(I), the Department suspends the person’s driver’s license. The Department ostensibly provides written notice to the licensee giving 30 days to request a hearing, but as alleged below as to Plaintiff Sprague, this notice is not in fact provided in all cases. 39. In any event, even when notice is provided, the hearing is limited to whether there was a clerical or technical error in the records received by the Department, not whether, as the Constitution requires, the nonpayment was willful. 40. “Error in the records received by the Department” is the only basis for a hearing provided by the statute. The statute does not offer the opportunity to be heard on ability to pay Traffic Debt. 41. No hearings addressing ability to pay are offered, and no such hearings are in fact held even if requested. 42. Restricted licenses are not available for suspensions under subsection (a)(1)(I). 43. Regardless of whether suspension is effected under subsection (a)(1)(H) or subsection (a)(1)(I), in no case is there a notice that offers the opportunity for a determination of ability to pay prior to suspension, and in no case is such a determination is made.
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County-Based Payment Plans for Traffic Debt 44. Payment plans for Traffic Debt are offered in only a few of Tennessee’s 95 counties and even fewer municipalities. The vast majority of counties and municipalities refuse partial payment toward Traffic Debt and demand payment in full. 45. Tennessee law provides that people with Traffic Debt “subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction.” Tenn. Code Ann. § 55-50-502(d)(2); see also id. § 55-50-303(d). 46. The Department may reinstate a person’s driving privileges upon receiving notice that the license-holder has entered into a payment plan and meets all other requirements for reinstatement. § 55-50-303(d)(2); 55-50-502(d)(3). 47. However, only Shelby County is required by statute to offer payment plans prior to suspension. Other counties may, at best, offer payment plans at their discretion, but the vast majority have not offered any. In 94 of Tennessee’s 95 counties, pre-suspension payment plans are offered, if at all, only haphazardly. Outside of Shelby County, therefore, most people can enter into payment plans only after their license is suspended and they have already incurred a mandatory reinstatement fee. 48. These counties are not required to offer post-suspension payment plans. Rather, each individual county may decide whether to offer a payment plan. 49. Municipalities are likewise not required by state law to offer post-suspension payment plans and, on information and belief, few municipalities do so.
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50. Defendant Wilson County and Defendant Moss do not offer payment plans for Traffic Debt in Wilson County General Sessions Court or in any other Court for which Defendant Moss is Clerk.
51. Defendant Rutherford County and Defendant Harrell do not offer payment plans for Traffic Debt in Rutherford County General Sessions Court or in any other Court for which Defendant Harrell is Clerk.
52. Defendant City of Mt. Juliet, and Defendant Gaskill as Clerk of the Mt. Juliet Municipal Court, do not offer payment plans for Traffic Debt.
53. Defendant City of Lebanon, and Defendant Linville, as Clerk of the Lebanon City Court, do not offer payment plans for Traffic Debt.
54. Bradley, Hamblen, Hamilton, Jefferson, Madison, Maury, Sumner, Washington, and Williamson Counties do not offer payment plans for Traffic Debt.
55. Tennessee law does not require that payment plans be affordable to the licenseholder when offered. § 55-50-502(d)(4); 55-50-502(d)(3). Tennessee law does not require notice to the license-holder of the existence of a potential payment plan.
56. Under Tennessee law, if a person misses a single payment on a payment plan, the Clerk must inform the Department. The Department then sends a written notice of proposed suspension to the licensee and allows the license-holder 30 days to request a hearing “to show that the person has, in fact, complied with” the payment plan.
57. Tennessee law mandates that the Department suspend the license from anyone who misses a single payment no matter the reason for missing the payment.
58. License-holders are never permitted to be heard on the question whether they are able to afford their payment plans or whether they had good reasons for missing payments.
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59. Any person who has defaulted once on the payment plan is ineligible to participate in the payment plan ever again. It is a “one strike and you’re out” plan.
60. A person who is too poor to pay anything at all cannot, in practice, benefit from a payment plan, even if one is theoretically offered.
Reinstatement of Driver’s Licenses 61. Once a driver’s license is suspended, it must be reinstated in order for the licenseholder to regain legal authorization to drive. 62. This “reinstatement” requirement applies even to those who never possessed a valid license. 63. To get reinstatement, an individual must pay a reinstatement fee, which can amount to hundreds of dollars or more. 64. Pursuant to a regulation issued under the auspices of Defendant Purkey, the Department offers payment plans for people who owe more than $200 in reinstatement fees, but these payment plans are themselves out of reach for indigent Tennesseans. The payment plans require a down payment of $200 and a processing fee of $25. Payments must be made in the amount of at least $300 every quarter, and the entire amount must be paid within two years. Debtors who default on payment plans for any reason—including unexpected financial hardship—lose their licenses and can never enter into another payment plan again. See generally Tenn. Comp. R. & Regs. 13402-5. 65. For indigent Tennesseans, reinstatement fees are yet another barrier to regaining legal authorization to drive.
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Consequences of Tennessee’s Driver’s License Suspension Law 66. Since 2012, at least 250,000 driver’s licenses have been suspended for nonpayment of traffic fines and costs. 67. In most such cases, the drivers did not willfully choose not to pay Traffic Debt; they were unable to pay because they were indigent. 68. The available data strongly suggests that people who can pay their Traffic Debt do pay their Traffic Debt. 69. Across Tennessee, there is a strong, positive, and statistically significant correlation between the number of poor people in a county and the number of suspensions in that county. Controlling for county size, counties with higher poverty rates have significantly more suspensions than do counties with lower poverty rates. 70. Without a driver’s license, it is extraordinarily difficult to find or keep employment in Tennessee. The law thus creates a vicious cycle: people lose their driver’s licenses because they cannot pay Traffic Debt; they cannot maintain or obtain jobs because they do not have driver’s licenses; and they cannot pay Traffic Debt because they do not have jobs. 71. The need for Tennessee residents to drive in order to be able to work is illustrated by Census Bureau data showing the percentage of people working in various metropolitan areas in Tennessee who drive to work:
a. 92.5% of the people who work in the Chattanooga metro area metro area drive to work.
b. 94.6% of the people who work in the Clarksville metro area drive to work. c. 93.1% of the people who work in the Cleveland metro area drive to work. d. 93.4% of the people who work in the Jackson metro area drive to work.
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e. 92.5% of the people who work in the Johnson City metro area drive to work. f. 93.8% of the people who work in the Knoxville metro area drive to work. g. 93.5% of the people who work in the Memphis metro area drive to work. h. 92.4% of the people who work in the Nashville metro area drive to work. 72. A driver’s license is required for many professions, even those that are not directly related to driving. For example, the following professions often require a driver’s license as a condition of employment: automotive technician, cable installation technician, caregiver, construction worker, delivery driver, housecleaner, HVAC technician, landscaping crew member, maintenance worker, plumber and plumber’s helper, pressure washer, truck driver, truck washer, unarmed security officer, valet parking attendant, and warehouse worker. 73. In much of Tennessee, there is no public transportation at all. And even in cities with some public transportation, many people still cannot use it for work. According to a Brookings Institution analysis, in Memphis, Nashville, and Knoxville, approximately 75% of jobs are not reasonably accessible by public transportation. And in Nashville, Knoxville, and Chattanooga, more than two thirds of working-age residents lack access to public transportation. 74. Many indigent people whose licenses have been suspended still need to drive in order to get to work, school, or medical appointments. 75. Tennessee’s license suspension statute therefore presents impoverished people with the impossible choice of driving illegally or failing to meet the basic necessities of life and survival for themselves and their families. 76. Each year, thousands of low-income Tennesseans are stopped for minor traffic violations and then arrested for driving on suspended licenses. For the first offense, driving on a suspended license is a Class B Misdemeanor, punishable by up to six months in jail and a fine of
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up to $500, or both. Tenn. Code Ann. §§ 40-35-111(e)(2); 55-50-504(a)(1). For second and subsequent offenses, driving on a suspended license is a Class A Misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both. Tenn. Code Ann. §§ 40-35-111(e)(2); 55-50-504(a)(2).
77. The subsequent charges generate their own fines and costs, making it less likely that these individuals will ever be able to get their driver’s licenses back. Some people even serve jail time for driving on suspended licenses—punishments to which they never would have been subject had the Department considered their ability to pay prior to suspending their driver’s licenses.
78. Local courthouses throughout the State of Tennessee now have entire dockets devoted to processing the cases of people arrested and charged with driving on suspended licenses. For example, in Hamilton County, many of the daily dockets in General Sessions courts consist of driving cases, including a large number related to driving on suspended or revoked licenses. During a single seven-day period in July 2017, Hamilton County General Sessions Court had over 100 cases in which people were charged with driving without lawful licenses.1
Discriminatory Debt Collection 79. Judgment debtors in private civil actions in Tennessee are not subject to the suspension of their driver’s licenses if they are too poor to pay. 80. The Department likewise cannot take driver’s licenses from people who owe money for welfare overpayments or income tax debts.
1 See Sessions Court - Criminal Division Dockets, General Government of Hamilton County (2017), www.hamiltontn.gov/courts/sessions/dockets/CriminalDockets.aspx (last visited July 22, 2017).
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81. People who have failed to pay court-ordered child support could be subject to deprivation of their driver’s licenses, but only after the State has provided robust procedural protections, including notice and the opportunity for an ability-to-pay hearing.
82. Even with respect to child support, withholdings from the debtor’s income “shall not exceed fifty percent (50%) of the employee's income after FICA, withholding taxes, and a health insurance premium that covers the child, are deducted.” Tenn. Code Ann. § 36-5-501.
83. Federal and state laws impose other requirements exempting a person’s basic survival resources from garnishment or attachment by any creditor, including the state. See, e.g., Social Security Act, 42 U.S.C. § 407 (West 2017) (barring federal disability payments from being subject to “execution, levy, attachment, garnishment or other legal process,” including collection by the state); Tenn. Code Ann. § 26-2-105(a), -111(1) (noting that state, federal, and local pension and disability benefits “shall be exempt from execution, seizure or attachment”); Tenn. Code Ann. § 26-2-104 (exempting clothing, family portraits, family Bibles, and school books from execution, seizure or attachment); id. at §§ 26-2-106, -108 (except for child support or alimony, wage garnishments may not exceed the lessor of: 25% of the debtor’s disposal earnings, or the amount by which the disposal earnings exceed 30 times the federal minimum wage).
84. Under the Statute, there is no requirement that payments toward Traffic Debt be limited to amounts in excess of the amounts that would be exempt from execution and/or garnishment.
85. Only people who owe criminal and Traffic Debt to the State or its counties or municipalities are singled out for the harsh and discriminatory treatment described in this Complaint.
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The Individual Plaintiffs Fred Robinson – Wilson County 86. Fred Robinson is 32 years old and lives in Murfreesboro. Mr. Robinson lives with
serious physical disabilities: ulcerative colitis and liver cirrhosis. He also suffers from severe internal bleeding due to chronic stomach ulcers. He has a regular course of approximately 20 prescription medications for his illnesses. These illnesses cause Mr. Robinson constant pain.
87. Mr. Robinson is unable to work due to his chronic illnesses. His sole source of income is Social Security Disability benefits of $759 per month. That amount is well below the federal poverty level for a family of one in Tennessee and about $240 less than Mr. Robinson’s own basic and necessary monthly expenses. He depends on his family, when they can help, to make up the difference. Even with this assistance, Mr. Robinson cannot afford to purchase all of his prescribed medications and must forgo taking some of them even though they are extremely important for his health.
88. Mr. Robinson’s ulcerative colitis and cirrhosis require frequent travel to a gastroenterologist in Nashville. The only practicable way to get from his home in Murfreesboro to his doctor’s office in Nashville, over 30 miles away, is to drive.
89. Due to the severity of his liver disease, Mr. Robinson’s physician has recommended that he start consultation for a liver transplant with specialists at the University of Tennessee in Memphis. Mr. Robinson will need to drive from Murfreesboro to Memphis, about 250 miles away, for such appointments. Missing appointments—in either Nashville or Memphis--will deny him critical medical care.
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90. On June 24, 2016, while driving his sister’s car in Wilson County, Tennessee, Mr. Robinson received misdemeanor traffic citations for speeding and failing to maintain valid insurance. As a result of these citations, the Wilson County General Sessions Court assessed $169 for speeding and $272 for driving without valid insurance, for a total Traffic Debt of $441.
91. Of the total Traffic Debt of $441, the state litigation tax plus $60 accrued to the State under Tenn. Code Ann. §§ 55-10-303. The remaining amount accrued to Defendant Wilson County.
92. Mr. Robinson could not pay the Traffic Debt because of his indigence. 93. Defendant Moss’s office sent notification to the Department that Mr. Robinson had not paid the Traffic Debt. 94. On August 17, 2016, the Department mailed Mr. Robinson a notice stating that his driver’s license would be suspended unless he paid the Traffic Debt within 30 days. Consistent with its policy and practice, the Department’s notice neither requested information about Mr. Robinson’s ability to pay nor stated that he could contest the suspension based on inability to pay the Traffic Debt. 95. The notice stated that Mr. Robinson could request a hearing on the proposed suspension, but that the “scope of the hearing would be limited to the issue of whether or not the citation has been satisfied prior to the proposed date of suspension.” 96. Mr. Robinson, through pro bono counsel, requested a payment plan from the Wilson County General Sessions Clerk’s Office so that he could avoid losing his license. The Wilson County General Sessions Clerk’s Office is overseen by Defendant Moss. 97. Defendant Moss has a policy and practice of not allowing payment plans or partial payments for Traffic Debt in any of the Courts for which she is Clerk.
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98. Consistent with that policy and practice, the Clerk denied Mr. Robinson’s request for a payment plan.
99. The Department, as a result of receiving notification of Mr. Robinson’s nonpayment from Wilson County, suspended his driver’s license on or after September 16, 2016. Consistent with its policy and practice, the Department never inquired into or considered Mr. Robinson’s ability to pay the Traffic Debt. It did not provide Mr. Robinson the opportunity to address his ability to pay, and it would have refused to consider the issue had he raised it.
100. The only way for Mr. Robinson to regain his driver’s license is to make two separate payments. First, he must pay $441 in one lump sum to Defendant Moss, in her capacity as Wilson County General Sessions Clerk, after which her office would notify the Department that the payment had been made. Second, he must pay a separate and additional $323 reinstatement fee directly to the Department. Mr. Robinson cannot afford to make either of these payments, nor can he afford to pay the $200 initial payment and $25 administrative fee to enter into the Department’s payment plan for reinstatement fees.
101. Mr. Robinson sees three doctors frequently—for his primary care, liver care, and gastrointestinal care—including his liver doctor in Nashville every other week. Mr. Robinson currently relies on his mother or sister to drive him to and from his doctor’s appointments, including those in other cities, but they are not always available to drive him. Mr. Robinson’s sister works and has children to take care of, and she cannot always take time away from work and family responsibilities to drive Mr. Robinson to the doctor. Mr. Robinson’s mother is a full-time caretaker for his father who has cancer, needs help at home, and himself has many doctor’s appointments.
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102. For this reason, Mr. Robinson’s family members cannot always drive him to Nashville and will not be able to drive him to Memphis. They would be able to loan him a car so that he could drive himself to Nashville or Memphis.
103. When his family members cannot drive him to the doctor, Mr. Robinson has to miss his appointments, even when they are very important to his health. For example, because of a lack of transportation, Mr. Robinson recently missed two appointments with one of his doctors, including a critical ultrasound of the tubes between his liver and heart to detect blockage, which can result in severe internal bleeding. Mr. Robinson has experienced such blockages three times in the past, and each time he vomited blood, experienced great pain, and was hospitalized for about a week. Mr. Robinson has been unable to reschedule the ultrasound because he currently lacks transportation to his doctor’s office.
104. The actions of Defendants Purkey, Moss, and Wilson County, undertaken pursuant to their policies and practices, have gravely imperiled Mr. Robinson’s health and continue to do so. As a result of his inability to afford the Traffic Debt and reinstatement fee, Mr. Robinson’s opportunity to receive critical medical care and to pursue a potentially life-sustaining liver transplant is in jeopardy.
Ashley Sprague – Wilson County, Mt. Juliet, and Lebanon 105. Ashley Sprague is 26 years old and a resident of Lebanon, Tennessee. Ms. Sprague is a single mother of five children, one of whom lives with her and four of whom live with their grandparents, over 30 miles away, because Ms. Sprague cannot afford to care for them. 106. In April 2015, Ms. Sprague was issued a civil traffic citation by Defendant City of Mt. Juliet for speeding and failure to have proof of insurance.
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107. The maximum fine for each violation was $50, but with costs and litigation taxes the total amount was $477.50. All of this amount, except the state litigation tax, accrues to Defendant City of Mt. Juliet.
108. At the time, Ms. Sprague was working as a server at Waffle House; she earned $2.13/hour plus tips. Her basic life expenses far exceeded her income. She could not afford to pay the Traffic Debt.
109. In September 2015, upon notification from Defendant City of Mt. Juliet and Defendant Gaskill (or her predecessor), the Department, pursuant to its policy and practice, suspended Ms. Sprague’s license for nonpayment of the Traffic Debt. Consistent with its policy and practice, the Department never inquired into or considered Ms. Sprague’s ability to pay the Mt. Juliet ticket, nor did it offer Ms. Sprague the opportunity to be heard on this issue.
110. Ms. Sprague never received any notice that her license would be suspended or that it had been suspended.
111. At the time, Ms. Sprague was residing at the address on file with the Department, and she regularly received mail at that address.
112. Ms. Sprague was unemployed for a short time thereafter. In February 2016, she began working part-time at a Speedway service station. At Speedway, Ms. Sprague earned little more than she had as a server at Waffle House, and still not enough to pay for basic living expenses.
113. In March 2016, Ms. Sprague was issued a civil traffic citation by Defendant City of Lebanon for failure to have proof of insurance, in the amount of $224.50. The issuing officer did not issue Ms. Sprague a ticket for driving on a suspended license, nor did he inform Ms. Sprague of any license suspension. Ms. Sprague could not afford to pay the $224.50 citation.
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114. In May 2016, Ms. Sprague was issued civil traffic citations by Defendant City of Lebanon for expired registration, failure to have proof of insurance, and driving on a suspended license. The total amount of these citations was $244. This was the first time that Ms. Sprague learned that her license had been suspended.
115. As of the end of May 2016, the collective sum of Traffic Debt imposed on Ms. Sprague was $946, due about half each to Defendants City of Mt. Juliet and City of Lebanon.
116. On September 15, 2016, and October 17, 2016, pursuant to notifications from the City of Lebanon, the Department again suspended Ms. Sprague’s license because of nonpayment of the Traffic Debt arising from the Lebanon tickets. Again, consistent with its policy and practice, the Department never inquired into or considered Ms. Sprague’s ability to pay the Lebanon tickets, nor did it provide Ms. Sprague the opportunity to be heard on that issue.
117. On July 25, 2016, Ms. Sprague appeared in the Wilson County General Sessions Court and entered into a conditional guilty plea as to the driving while suspended charge.
118. After that hearing, Ms. Sprague attempted to pay $80 towards her tickets. 119. It is Defendant Moss’s policy and practice, for all Wilson County Courts for which she is Clerk, not to accept partial payment of Traffic Debt, not to offer payment plans for Traffic Debt, and not to notify the Department that a suspension may be lifted until the Traffic Debt has been satisfied in full. 120. On information and belief, Defendants Linville, Gaskill, and the Cities of Mt. Juliet and Lebanon have similar policies and practices of not allowing partial payments or payment plans on Traffic Debt and, in particular, of refusing to notify the Department that a suspension may be lifted until the Traffic Debt has been satisfied in full.
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121. Consistent with the foregoing policies and practices, Ms. Sprague was told that payment plans are not available and that she must pay the outstanding debt of $946 in two separate lump sums of nearly $500 each in order to get her license back.
122. In March 2017, Ms. Sprague entered into a payment plan for the additional fines and costs arising from her conditional guilty plea on the driving-while-suspended charge, which amounted to $439.50. So far, Ms. Sprague has managed to make minimal payments on this plan. That payment plan, however, does not include the $946 owed on the Mt. Juliet and Lebanon tickets.
123. Defendants Wilson County and the Cities of Mt. Juliet and Lebanon, pursuant to the policies and practices of respective Defendant Clerks, continue to refuse to accept any kind of payment plan on the original Traffic Debt. Because Ms. Sprague cannot drive, she cannot maintain basic employment, let alone the higher-paying job she would need to repay Traffic Debt and support her family.
124. Since losing her driver’s license, Ms. Sprague has not been able to maintain a job for more than a few months at a time because she does not have affordable, reliable transportation to work.
125. In the last year, Ms. Sprague has worked short stints at two gas stations and a Waffle House, each about 10 miles from her home. She lost these jobs because she did not have adequate transportation. At her most recent Waffle House position, Ms. Sprague’s manager told her that she could return to work there if she could obtain her license and reliably drive to work.
126. Ms. Sprague currently works for her parents, who have a cleaning business. Ms. Sprague’s parents drive her to and from work, and she does office work for them. Ms. Sprague takes home only $150 per week, which is even less than she had earned at previous jobs.
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127. While Ms. Sprague once had the ability to make partial payments on the Mt. Juliet and Lebanon tickets, she now cannot make any payments at all because she earns so little and already has to make partial payments toward the driving while suspended charge (a charge she never would have incurred had her initial suspension complied with constitutional requirements).
128. Ms. Sprague wants to go back to school and learn a trade so that she can get a higher paying job and better take care of her family. The educational opportunity she seeks is in Nashville, over 30 miles from where she lives, and Ms. Sprague cannot commute to Nashville without driving.
129. Because she cannot obtain and maintain a higher paying job, she cannot afford a larger apartment and cannot afford to support her family. Her family thus remains separated, with her children living in separate homes.
130. Ms. Sprague cannot afford to pay the $946 in original Traffic Debt, nor the $388 reinstatement fee to get her license back. Nor can she afford to pay the $200 initial payment and $25 administrative fee to enter into the Department’s payment plan for reinstatement fees.
Johnny Gibbs – Rutherford County 131. Johnny Gibbs is 36 years old and lives in Murfreesboro. 132. Mr. Gibbs currently lives with his mother, ailing father, and sister in a motel room, where they have lived for over three years. After paying the weekly rent, the family has very little money left at the end of each week. The family has been unable to make the security deposit and first month’s rent required for moving into a more affordable, stable residence. The family struggles to meet basic needs; any loss of income could cause them to become homeless.
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133. When Mr. Gibbs’s mother was recently in the hospital and unable to make her hours at work, the family fell behind rent for two weeks. Only with the assistance of a charitable foundation did the Gibbs family avoid immediate eviction.
134. Mr. Gibbs struggles to meet the basic necessities of life. The Gibbs family has, in the past, gone entirely without food for as long as two days. Mr. Gibbs and his sister insist that their parents eat before they do.
135. In 1999, Mr. Gibbs’s license was suspended until the age of 21 due to truancy from school. In 2002, before he turned 21, Mr. Gibbs received a ticket in Rutherford County for driving on a suspended license and incurred Traffic Debt of $404.50. At the time he was working parttime in construction and did not earn enough money to pay the ticket.
136. After Mr. Gibbs turned 21, he went to the local Department of Motor Vehicles (DMV) with his birth certificate and identification card and filled out paperwork to obtain a valid driver’s license. However, DMV staff turned him away after determining that the Department’s records still listed Mr. Gibbs’s status as suspended.
137. Mr. Gibbs never received notice from the Department or from Rutherford County or Defendant Harrell (or her predecessor) of any license suspension related to the unpaid Traffic Debt. He was never given an opportunity to be heard on his ability to pay, either by the Department or by Rutherford County, prior to the Department’s suspension of his license for nonpayment.
138. Mr. Gibbs served jail time and probation as a result of that ticket. In addition to the $404.50 amount of the ticket itself, he was charged probation supervision fees and court fines and fees; he made payments in increments toward the probation and court fees, but could not pay the $404.50 ticket amount in one lump sum.
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139. Defendant Harrell (or her predecessor), consistent with Rutherford County’s policy and practice, permitted Mr. Gibbs to make partial payments toward his other court and probation debt, but not toward Traffic Debt.
140. In 2006, Mr. Gibbs received a second ticket for driving on a suspended license and incurred Traffic Debt in the amount of $742.
141. Mr. Gibbs sought to make partial payments toward his Traffic Debt. At the time, Mr. Gibbs had a steady job and could have afforded to make partial payments. Consistent with the policy and practice of Defendant Rutherford County and its Court Clerk(s), he was told that a payment plan was not an option for paying Traffic Debt. Mr. Gibbs never had enough money to pay the ticket in one lump sum, so he could not pay it at all.
142. Defendant Harrell continues to maintain a policy and practice of not offering any payment plans for Traffic Debt but, instead, requiring payment of each Traffic Debt in full.
143. Mr. Gibbs cannot afford to pay the $1,146.50 he owes to Rutherford County, nor the additional $236 license reinstatement fee he would now owe to the Department in order to get his license back. Nor can he afford to pay the $200 initial payment and $25 administrative fee to enter into the Department’s payment plan for reinstatement fees.
144. Mr. Gibbs owes fines, costs, and litigation taxes (“Court Debt”) from separate, unrelated criminal proceedings against him. In July 2017, his license was revoked pursuant to Tenn. Code Ann. § 40-24-105(b) for nonpayment of that Court Debt. He is a member of the putative class in Thomas v. Purkey, No. 3:17-cv-00005, pending in this Court.
145. Mr. Gibbs is caught in a vicious cycle. Because of his outstanding Court and Traffic Debt, Mr. Gibbs cannot obtain a driver’s license. But without a driver’s license, Mr. Gibbs cannot obtain employment sufficient to repay the Court and Traffic Debt.
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146. Mr. Gibbs lack of transportation has directly harmed his employment opportunities and prevents him from earning enough money to meet minimal basic needs. Mr. Gibbs currently works as a day laborer through People Ready, which provides short-term day jobs, such as stocking shelves or construction work. He typically earns $30-$40 a day if he is offered a job; currently, he is offered a job once or twice a week, and those jobs are further limited by his transportation restrictions. As a result, he often takes home only $40 per week. Mr. Gibbs relies on his sister, who moved in with the family to provide full-time care to their ailing father, to use their mother’s car to drive him to and from work each day. Many of the job opportunities offered by People Ready are in Nashville. Given her caregiving responsibilities at home, Mr. Gibbs’s sister cannot always drive him to and from Nashville; if Mr. Gibbs could obtain a valid driver’s license, he could drive himself to work.
147. Because Mr. Gibbs must rely on others for transportation, he has lost promising vocational opportunities. Mr. Gibbs has a passion for cooking and was a trained and certified chef, but his certification lapsed when he was unable to find transportation to attend required training in Nashville.
148. Mr. Gibbs is often forced to walk or ride a bicycle along the sides of roads, which can be dangerous. In early 2016, Mr. Gibbs was hit by a car while biking home after working the closing shift at Outback Steakhouse. It was raining and pitch black. The patch of road lacked a sidewalk. A pickup truck hit Mr. Gibbs and continued driving. Mr. Gibbs suffered cuts, scrapes, and bruises. Fearing the cost of medical treatment and having no alternative transportation, he limped home. His bicycle was irreparably damaged in the accident.
CLASS ACTION ALLEGATIONS 149. Plaintiffs bring this action pursuant to Fed. R. Civ. P. 23(b)(2) on behalf of a class and three subclasses of similarly situated people, defined as follows:
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The Statewide Class. All persons whose Tennessee driver’s licenses have been or will be suspended by the Department under Tenn. Code Ann. § 55-50502(a)(1)(H) or (I) for nonpayment of Traffic Debt and who cannot now and could not at the time of suspension afford to pay such debt.
The Wilson County Subclass. All members of the Statewide Class whose driver’s licenses have been or will be suspended at the instance of Wilson County and/or its Clerks.
The Rutherford County Subclass. All of the Statewide Class persons whose driver’s licenses have been or will be suspended at the instance of Rutherford County and/or its Clerks.
The Multi-Barrier Subclass. All members of the Statewide Class who, as of the date of judgment in this action, also had outstanding driver’s license revocations under Tenn. Code Ann. § 40-24-105(b) for nonpayment of Court Debt.
150. All Plaintiffs represent the Statewide Class. Plaintiff Robinson represents the Wilson County Subclass, and Plaintiff Gibbs represents the Rutherford County Subclass and the MultiBarrier Subclass.
151. The members of the Class and Subclasses are so numerous that joinder of all members is impracticable. Since 2012, the Department has suspended more than 250,000 driver’s licenses for nonpayment of Traffic Debt. Wilson County accounted for 4,355 such suspensions in the same period, while Rutherford County accounted for 8,629. On information and belief, the members of the Multi-Barrier Subclass number in the thousands. As alleged above, most of the individuals whose licenses were suspended were too poor to pay the amounts due.
152. There are numerous questions of fact and law common to the classes, including: a. Whether Defendants violate the Due Process and Equal Protection clauses by effecting and continuing the suspension of driver’s licenses for nonpayment of Traffic Debt without considering the license-holders’ ability to pay;
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b. Whether Defendants violate the Due Process Clause by effecting the suspension of driver’s licenses under subsection (a)(1)(H) without notice and an opportunity to be heard;
c. Whether the limited scope hearings provided under Tenn. Code Ann. §§ 55-50502(a)(1)(I), 55-50-502(d)(4), and 55-50-303(d)(3) violate the Due Process Clause by preventing the Department from considering the license-holder’s ability to pay;
d. Whether Defendants violate the Equal Protection Clause by effecting and continuing suspensions of driver’s licenses to collect Traffic Debt and thereby imposing unduly harsh and discriminatory methods for collection of Traffic Debt in violation of James v. Strange, 407 U.S. 128 (1972);
e. Whether Defendant Purkey violates the Due Process and Equal Protection Clauses by refusing reinstatement to drivers who have satisfied their Traffic Debt but cannot afford the reinstatement fees imposed by the Department; and
f. Whether the County and Clerk Defendants have procedures to avoid suspending the licenses of Traffic Debtors who cannot (as opposed to will not) pay, and whether their lack of (or inadequate) procedures bars them from using the Statute as a debt-collection tool.
153. All of the named Plaintiffs have had their driver’s licenses suspended for nonpayment of Traffic Debt. All of them were and are unable to pay because of their indigence. Their claims are typical of those other members of the Class and Subclasses.
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154. Declaratory and injunctive relief is appropriate with respect to the Class as a whole and each Subclass as a whole, because the Defendants have acted on grounds applicable to the members thereof.
155. The named Plaintiffs and the proposed Class and Subclasses are represented by Baker Donelson, Civil Rights Corps, Just City, and the National Center for Law and Economic Justice. Plaintiffs’ attorneys are experienced in class action litigation and will adequately represent the classes.
FIRST CLAIM FOR RELIEF Violation of Equal Protection and Due Process – Fundamental Fairness 156. Defendants’ effecting and continuing the suspension of people’s driver’s licenses for nonpayment of Traffic Debt without any inquiry into or consideration of the license holder’s ability to pay violates the right to fundamental fairness guaranteed by the Fourteenth Amendment to the United States Constitution.
SECOND CLAIM FOR RELIEF Violation of Due Process – Notice and Opportunity to be Heard 157. Defendants’ effecting the suspension of driver’s licenses under Tenn. Code Ann. 55-50-502(a)(1)(H), without providing notice and an ability to pay hearing, violates the right to procedural fairness guaranteed by the Fourteenth Amendment to the United States Constitution. 158. The limitation of the scope of the hearings under Tenn. Code Ann. §§ 55-50502(a)(1)(I), 55-50-502(d)(4), and 55-50-303(d)(3), which prevents the Department from considering the license-holder’s ability to pay, likewise violates that guarantee of procedural fairness.
THIRD CLAIM FOR RELIEF Violation of Equal Protection—Unduly Harsh and Discriminatory Collection Methods
159. Defendants’ effecting and continuing the suspension of driver’s licenses from indigent people who owe Traffic Debt to the State and its counties and municipalities, but not from
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other judgment debtors, violates the right to equal protection under law guaranteed by the Fourteenth Amendment to the United States Constitution.
DEMAND FOR RELIEF WHEREFORE, Plaintiffs and class members request the Court enter a judgment in favor of Plaintiffs and the Class and Subclasses that they represent as follows:
a. Certifying this case as a class action pursuant to Fed. R. Civ. P. 23(a) and (b)(2) on behalf of the Statewide Class and the three Subclasses.
b. On behalf of the Class and the Subclasses, declaring that Defendants’ practices with respect to suspensions as alleged herein violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution;
c. On behalf of the Class, preliminarily and permanently enjoining Defendant Purkey from suspending or permitting the suspension of any driver’s license pursuant to Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I) without either i. notice to the licensee that includes the offer of a fact-based inquiry, with participation by the licensee, as to the licensee’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to license suspension, that the amount sought is within the licensee’s ability to pay, or ii. certification from the reporting county that notice containing such offer has been afforded and (if inquiry is requested) such factual determination has been made;
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d. On behalf of the Wilson and Rutherford County Subclasses, preliminarily and permanently enjoining the Counties and Defendants Moss and Harrell from notifying the Department of nonpayment of Traffic Debt in any circumstance where there has not been notice to the licensee that includes the offer of a factbased inquiry, with participation by the licensee, as to the licensee’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to license suspension, that the amount sought is within the licensee’s ability to pay;
e. On behalf of Plaintiff Sprague, preliminarily and permanently enjoining Defendants Linville, Gaskill, and Mt. Juliet and Lebanon, Tennessee, from notifying the Department of nonpayment of Traffic Debt in any circumstance where there has not been notice to the licensee that includes the offer in each instance of a fact-based inquiry, with participation by the licensee, as to the licensee’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to license suspension that the amount sought is within the licensee’s ability to pay;
f. On behalf of Plaintiffs Robinson and Sprague and the members of the Class except for the members of the Multi-Barrier Subclass, ordering Defendant Purkey to (i) reinstate all driver’s licenses that were suspended prior to the date of judgment in this matter for nonpayment of Traffic Debt, at no cost to the license holders; (ii) waive all reinstatement fees; and (iii) notify all persons whose licenses were suspended of the reinstatement;
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g. On behalf of Plaintiff Gibbs and the Multi-Barrier Subclass, ordering Defendant Purkey to (i) expunge their suspensions under Tenn. Code Ann. § 55-50-502 without payment of reinstatement or other fees, so that, upon resolution of their revocations pursuant to Tenn. Code Ann. § 40-24-105(b), they may regain or be eligible to apply for legal driving authorization, and (ii) notify the members of the Multi-Barrier Subclass of such expungement;
h. On behalf of the Class, preliminarily and permanently enjoining Defendant Purkey from imposing reinstatement costs and fees without considering ability to pay where the reinstatement relates to a suspension for nonpayment of Traffic Debt;
i. Awarding litigation costs and reasonable attorneys’ fees to Plaintiffs, as provided by 42 U.S.C. § 1988; and,
j. Ordering such other and further relief as the Court deems just and proper.
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s/ Matthew G. White Matthew G. White (TN #30857) BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC First Tennessee Bank Building 165 Madison Avenue, Suite 2000 Memphis, Tennessee 38103 901-577-8182 lpatterson@bakerdonelson.com mwhite@bakerdonelson.com
s/ Premal Dharia Premal Dharia (DC #484091)* Jonas Wang (NY #5531769)* CIVIL RIGHTS CORPS 910 17th Street NW, Suite 500 Washington, DC 20006 202-670-4809 premal@civilrightscorps.org jonas@civilrightscorp.org
September 13, 2017
* Pro Hac Vice Application Filed or Forthcoming

s/ Claudia Wilner Claudia Wilner (NY #4264156)* Edward P. Krugman (NY #1665892)* Theresa Lau (NY #5496526)* NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE 275 Seventh Avenue, Suite 1506 New York, NY 10001 212-633-6967 wilner@nclej.org krugman@nclej.org lau@nclej.org
s/ Josh Spickler Josh Spickler (TN #21019) JUST CITY 902 South Cooper Street Memphis, TN 38104 901-206-2226 josh@justcity.org

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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED ROBINSON, ASHLEY SPRAGUE,

)

and JOHNNY GIBBS, on behalf of themselves )

and all others similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner of the )

Tennessee Department of Safety and Homeland )

Security, in his official capacity, et al.,

)

)

Defendants.

)

Case No. 3:17-cv-1263 Judge Aleta A. Trauger

MEMORANDUM

Before the court is Fred Robinson and Ashley Sprague’s Motion for Temporary

Restraining Order Directing Immediate Restoration of their Driver’s Licenses (“TRO Motion”)

(Docket No. 24), to which Tennessee Department of Safety and Homeland Security (“TDSHS”)

Commissioner David W. Purkey has filed a Response (Docket No. 47), and Robinson and

Sprague have filed a Reply (Docket No. 61). The court held a hearing on that motion on October

4, 2017 (“TRO Hearing”). For the reasons below, the TRO Motion will be granted and

Commissioner Purkey will be ordered to direct the TDSHS to reinstate the driver’s licenses of

Robinson and Sprague pending a hearing on a preliminary injunction.

BACKGROUND AND PROCEDURAL HISTORY

On September 13, 2017, Sprague and Robinson, along with their co-plaintiff Johnny

Gibbs, filed the Complaint in this matter against various defendants involved in the

administration of Tennessee’s driver’s license system, in particular in Wilson and Rutherford

Counties. (Docket No. 1.) According to the Complaint, Robinson is a resident of Murfreesboro,

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and Sprague is a resident of Lebanon. (Id. ¶¶ 14–15.) Robinson’s driver’s license was suspended on September 16, 2016. (Id. ¶ 99.) Sprague’s license was suspended in September 2015, although she claims not to have been aware of the suspension until May 2016. (Id. ¶¶ 109, 114.) Purkey, the only defendant subject to Robinson and Sprague’s proposed TRO (Docket No. 24-1), is the Commissioner of the TDSHS, the agency charged with the administration of Tennessee’s Uniform Classified and Commercial Driver License Act, Tenn. Code Ann. § 55-50-201. A. Tennessee’s Driver’s License Laws Regarding ‘Traffic Debt’
The State of Tennessee generally prohibits drivers from using its streets and highways without a driver’s license. Tenn. Code Ann. § 55-50-301(a)(1). An applicant for a Tennessee driver’s license must furnish certain required information confirming her eligibility and submit to an examination, including “an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.” Tenn. Code Ann. §§ 55-50-321, 55-50-322(a)(1)(A). In certain statutorily prescribed situations, an individual who has previously obtained a valid driver’s license may have the associated privileges rescinded, through revocation, suspension, or cancellation of the license. Tenn. Code Ann. §§ 55-50-501, 55-50-502(a) & (b). As relevant to this case, the TDSHS “is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee,” inter alia, “[h]as been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense” or “[h]as failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic.” Tenn. Code Ann. § 55-50-502(a)(1), (a)(1)(H)–(I). The plaintiffs refer to the payment obligations pursuant to which a driver’s license may be suspended under Tenn. Code Ann. § (a)(1)(H) & (I) collectively as “Traffic Debt.”
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Based on the briefing of the parties and representations by counsel at the TRO Hearing, the parties appear to agree that TDSHS itself is not charged with the initial collection of Traffic Debt, which is instead overseen by county and municipal court clerks. If a driver fails to pay Traffic Debt, however, the relevant clerk provides notice of the nonpayment to the TDSHS, which then effects the suspension of the driver’s license. Tennessee’s license suspension statute “authorize[s],” but does not by its language require, the TDSHS to suspend the license of an individual who is eligible for suspension for nonpayment of Traffic Debt. Robinson and Sprague contend that, despite TDSHS’s statutory discretion, its policy and practice is to automatically suspend the license of any driver who is subject to a notice of nonpayment. For the purpose of the instant motion, it is sufficient for the court to observe that there has been no suggestion, by Purkey or otherwise, that Robinson and Sprague’s licenses were suspended for any reason other than the TDSHS’s receipt of notices of Traffic Debt nonpayment from the relevant clerks. (Docket No. 47, at 3–4.)
Tennessee law expressly contemplates that a county or municipal court may offer a driver the option of agreeing to a payment plan that would allow her to retain her license, despite failing to pay her Traffic Debt immediately in full:
A person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2), the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(H) or (a)(1)(I), may be included in such payment plan, subject to the approval of the court. Tenn. Code Ann. § 55-50-502(d)(2). The TDSHS is authorized to reinstate the individual’s driving privileges upon receipt of certification that the payment plan was approved and the driver
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has “satisfied all other provisions of law relating to the issuance and restoration of a driver
license.” Tenn. Code Ann. § 55-50-502(d)(3).
Subsection (d), however, does not on its face require any court to “approv[e]” payment plans or require any court or clerk to “establish[]” a payment plan system.1 Nor does it set forth
any specific situation in which a driver would be entitled to a payment plan or any standard to
which payment plans must adhere. Moreover, the provision of the statute governing the
apportionment of costs for payment plan administration appears to acknowledge that some
counties may participate in the offering of such plans while some counties may not:
Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d).
Tenn. Code Ann. § 55-50-502(d)(6) (emphasis added). For jurisdictions that do offer payment
plans, there is no statutory requirement that the plan be calculated to be affordable based on the
driver’s economic status. See Tenn. Code Ann. § 55-50-502(d)(3)–(4).
At the TRO hearing, however, counsel for Commissioner Purkey premised his argument
against a temporary restraining order, at least in part, on a reading of subsection (d) that would
not only guarantee a driver the opportunity for a payment plan, but also the right to have that
plan consider and account for the driver’s indigence:
[T]he state process here meets—goes beyond what is required. There is—first of all, once someone is cited for a traffic violation, there is the ability to contest the citation. Once that’s done then, again, the second step is under the payment plan.
1 Tenn. Code Ann. § 55-50-502(d)(1) provides that the subsection of the statute authorizing payment plans “applies statewide.” This language appears intended to contrast with the requirement, in Tenn. Code Ann. § 55-50502(a)(1)(H), that pre-suspension installment plans be available to drivers in “any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.” While subsection (d)(1) makes clear that payment plans are permitted statewide, it does not by its language impose an obligation for any particular jurisdiction to make such plans available.
4
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If you can’t pay, you get a plan. . . . [A]nd they have a right to be heard on that indigence—indigency claim. So that—they’ve had all that. (Statement by Michael Alan Meyer, TRO Hearing (transcript pending).) At this stage in proceedings, the court is unable to conclude whether or to what extent Tennessee’s various local clerk’s offices share Purkey’s interpretation of the statute. Although the court will, in short order, presumably have the opportunity to be more fully briefed on the local defendants’ positions on the matter, the court must, for the purpose of the TRO Motion only, rely on the evidence before it, which consists primarily of the statutory text and Robinson and Sprague’s accounts of their own Traffic Debt experiences. Finally, state law imposes additional reinstatement fees when a driver whose license was suspended becomes eligible to restore her driving privileges. Tenn. Code Ann. § 55-12-129. Such fees vary, based on the particulars of the individual suspension, and TDSHS regulations permit individuals with reinstatement fees over $200 to enter into payment plans. Those plans, however, require a $200 down payment along with a $25 processing fee and minimum quarterly payments of $300. Tenn. Comp. R. & Regs. 1340-02-05-.02, -.04, -.10. B. Robinson and Sprague’s Traffic Debt Robinson and Sprague have filed 28 U.S.C. § 1746 unsworn declarations under penalty of perjury attesting to their respective economic circumstances and their experiences under the state’s system for the suspension of driver’s licenses for the nonpayment of Traffic Debt. (Doc. Nos. 16 & 28.) Both describe series of events whereby they, despite being financially unable to satisfy their Traffic Debt, were not afforded the opportunity for any accommodations based on indigence and accordingly had their licenses suspended. The below facts were taken primarily from Robinson and Sprague’s declarations and are recounted without prejudice to future refutation or impeachment by any defendant.
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1. Robinson
On June 24, 2016, while driving his sister’s car in Wilson County, Robinson received
misdemeanor traffic citations for speeding and failing to maintain valid insurance, for which he
was assessed fines in the total amount of $441. (Docket No. 16 ¶ 5.) Unable to pay that sum,
Robinson inquired, through pro bono counsel, into whether Wilson County authorities were
willing to place him on a payment plan. Through that inquiry, he learned that Wilson County
does not permit partial payments or payment plans for traffic tickets. (Id. ¶ 8.) In order to
reinstate his license, Robinson now must satisfy his $441 in Traffic Debt, as well as pay a
minimum of $200 (plus a $25 fee) toward a total of $323 in reinstatement fees. (Id. ¶ 11.)
Purkey has been able to locate and produce correspondence from TDSHS to Robinson
regarding the suspension of his license. In a letter from TDSHS’s Director of Financial
Responsibility, Susan Lowe, dated November 23, 2016, Lowe informed Robinson:
Our Department was notified by [the] Wilson County [General Sessions] Clerk that you failed to satisfy citation #[*******] issued to you on June 24, 2016. To avoid suspension of your driving privileges, our Department must receive certification from the Clerk of the Court that the citation has been satisfied. If the certification is not received, your driver license, driving privileges, and privilege to obtain a license will be suspended effective thirty (30) days from the date of this notice, (55-50-502 T.C.A.). [. . . .] If the information received from the court is in error, you should contact the court and have them submit any corrections to our Department. If there is an error, you are entitled to a hearing by the Department if your request is made in writing within thirty (30) days from the date of this notice. The scope of the hearing would be limited to the issue of whether or not the citation has been satisfied prior to the proposed date of suspension.
(Docket No. 50-3.) A second letter, dated January 9, 2017, informed Robinson that his license
was suspended. (Docket No. 50-4.)
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Robinson suffers from severe ulcerative colitis and cirrhosis of the liver, which have left him with serious physical disabilities and unable to work. (Id. ¶ 3.) His sole source of income is a monthly Social Security Disability benefit of $759. Because Robinson’s disability benefit is less than his living expenses, he relies on his family for assistance and sometimes forgoes prescribed medications that he cannot afford. He says that he does not have enough money for food or rent and typically eats only one meal per day. (Id. ¶ 4.)
Robinson receives regular treatment for his ailments from at least two doctors, including one whose office is in Nashville, over thirty miles from Robinson’s home. One of Robinson’s treating physicians has recommended that he begin consultation with a Memphis-based specialist about the possibility of a liver transplant. (Id. ¶ 13.) Robinson maintains that driving is the only practicable method of transportation that would allow him to pursue the transplant in Memphis and to avoid routinely missing his appointments in Murfreesboro and Nashville. (Id. ¶¶ 13, 17.) He currently relies on his mother and sister to drive him to appointments, but their availability is limited by their own work and family responsibilities. (Id. ¶ 15.) Robinson claims that, because his mother and sister were unavailable and he could not lawfully drive himself, he recently missed a scheduled ultrasound to detect blockage in tubes between his heart and liver. Robinson has suffered such blockages in the past, resulting in increased pain, vomiting blood, and hospitalization. (Id. ¶ 17.)
2. Sprague In April 2015, Sprague was issued traffic citations by the City of Mt. Juliet for speeding and failure to have proof of insurance, resulting in Traffic Debt of $477.50. (Docket No. 28 ¶ 4.) In September 2015, the TDSHS suspended Sprague’s license, based on her failure to pay that amount. Sprague claims that, although she was living and receiving mail at an address on file
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with the TDSHS, she never received any notice that her license would be or had been suspended. (Id. ¶ 6.)
In March 2016, Sprague was issued a civil traffic citation by the City of Lebanon in the amount of $224.50 for failure to have proof of insurance. Although Sprague’s license had been suspended by that time, the issuing officer did not inform her that her license was no longer effective or cite her for driving on a suspended license. In May 2016, Sprague was again issued civil traffic citations by the City of Lebanon, this time for driving with an expired registration, failure to have proof of insurance, and driving on a suspended license. The total amount of these citations was $244. According to Sprague, the May 2016 citation was her first notice that her license had been suspended. (Id. ¶¶ 7–8.)
Sprague says that she attempted to pay $80 toward her tickets but was informed that payment plans were not available. Accordingly, she would be required to pay her Traffic Debt in lump sums of nearly $500 each to the relevant jurisdictions. (Id. ¶¶ 9–10.) Sprague attests that she was never offered, nor had the opportunity to have, a hearing regarding her suspension and that, if she had been provided a hearing, she would have argued that she was unable to satisfy the full amount owed. (Id. ¶ 11.) In order to have her license reinstated now, Sprague would have to satisfy the $946 in Traffic Debt and pay a minimum of $200 (plus a $25 fee) toward a total of $388 in reinstatement fees. (Id. ¶ 12.)
Sprague is the single mother of five children, one of whom lives with her. Sprague’s other four children live with their grandparents because she is financially unable to care for them. (Id. ¶ 3.) At the time she incurred her initial Traffic Debt in April 2015, Sprague was working as a server at a Waffle House, where she made $2.13 an hour plus tips. (Id. ¶ 5.) She says that she lost that job because of her lack of reliable, affordable transportation to work. (Id. ¶ 15.) Sprague
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has also recently had short stints of employment at gas stations near her house, but she lost those jobs due to a lack of reliable transportation as well. Currently, Sprague works for her mother’s cleaning business, from which she receives take-home pay of about $150 per week, less than her current rent. (Id. ¶¶ 15–16.) C. Procedural History
Robinson, Sprague, and Gibbs brought the Complaint on their own behalf and on behalf of similarly situated people pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. They raise three constitutional challenges to the state’s laws governing suspension of driver’s licenses for nonpayment of Traffic Debt:
1. The plaintiffs’ First Claim for Relief alleges that the defendants’ effecting and continuing the suspension of people’s driver’s licenses for nonpayment of Traffic Debt without any inquiry into, or consideration of, the license holder’s ability to pay violates the right to fundamental fairness guaranteed by the Fourteenth Amendment (Docket No. 1 ¶ 156);
2. The plaintiffs’ Second Claim for Relief alleges that the defendants’ effecting the suspension of driver’s licenses—with either no notice or right to an ability-to-pay hearing (with regard to Tenn. Code Ann. § 55-50-502(a)(1)(H) suspensions), or with notice but only a right to a hearing on whether the license holder has failed to pay the relevant Traffic Debt (with regard to Tenn. Code Ann. § 55-50-502(a)(1)(I) suspensions)—violates the right to procedural fairness guaranteed by the Fourteenth Amendment (Id. ¶¶ 157–58); and
3. The plaintiffs’ Third Claim for Relief alleges that the defendants’ effecting and continuing the suspension of driver’s licenses from indigent people who owe Traffic
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Debt to the state and its counties and municipalities, but not imposing similar sanctions on other judgment debtors, violates the right to equal protection under law guaranteed by the Fourteenth Amendment (Id. ¶ 159). The plaintiffs seek declaratory and injunctive relief, including reinstatement of the driver’s licenses of Robinson, Sprague, and all members of the putative class other than members of the multi-barrier subclass. (Id. at 30.) On September 21, 2017, Robinson and Sprague filed a Motion for Temporary Restraining Order, requesting that Purkey immediately be required to restore Robinson and Sprague’s driver’s licenses without payment of fees. (Docket No. 24.) The plaintiffs have also filed motions for class certification, a preliminary injunction, and expedited discovery, which are not yet ripe for disposition. (Docket Nos. 13, 25, 29.) The court entered an Order providing that the TRO Motion would be held in abeyance until Robinson and Sprague filed proof that they had obtained the necessary insurance to comply with Tennessee’s driver financial responsibility laws, which are not being challenged in this action. (Docket No. 38.) Robinson and Sprague filed proof of insurance on September 26, 2017. (Docket No. 41.) The court held the TRO Hearing on October 4, 2017.
LEGAL STANDARD Temporary restraining orders and preliminary injunctions are extraordinary remedies that “should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. Lexington–Fayette Urban Co. Gov’t, 305 F.3d 566, 573 (6th Cir. 2002). Purkey argues that Robinson and Sprague face a heightened standard because they seek a mandatory injunction that goes beyond preserving the pre-litigation status quo. The Sixth Circuit, however, has been skeptical of such arguments, confirming that “[t]he difference
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between mandatory and prohibitory injunctive relief does not warrant application of differing legal standards.” NACCO Materials Handling Grp., Inc. v. Toyota Materials Handling USA, Inc., 246 F. App’x 929, 935 n.2 (6th Cir. 2007) (quoting United Food and Commercial Workers Union, Local 1099 v. Sw. Ohio Regional Transit Auth., 163 F.3d 341, 348 (6th Cir. 1998)).
To determine whether a temporary restraining order or a preliminary injunction should issue, the court must generally consider four factors: (1) the movant’s likelihood of success on the merits; (2) whether the movant will suffer irreparable harm without the injunction; (3) whether granting the injunction will cause substantial harm to others; and (4) the impact of the injunction on the public interest. See, e.g., Workman v. Bredesen, 486 F.3d 896, 905 (6th Cir. 2007); Rock & Roll Hall of Fame & Museum v. Gentile Prods., 134 F.3d 749, 753 (6th Cir. 1998). These four factors “are factors to be balanced not prerequisites that must be met.” Six Clinics Holding Corp., II v. Cafcomp Sys., 119 F.3d 393, 400 (6th Cir. 1997). Nonetheless, the court must address each factor “unless fewer factors are dispositive of the issue.” Id. at 399.
ANALYSIS A. Likelihood of Success on the Merits
Robinson and Sprague argue that they are likely to succeed on the merits because their argument that a driver’s license cannot be suspended for nonpayment of fines and costs without an indigence determination rests on a straightforward application of a number of relevant Supreme Court precedents, namely Griffin v. Illinois, 351 U.S. 12 (1956); Williams v. Illinois, 399 U.S. 235 (1970); Tate v. Short, 401 U.S. 395 (1971); and Bearden v. Georgia, 461 U.S. 660 (1983) (“Bearden Cases”); as well as the related case of James v. Strange, 407 U.S. 128 (1972). Purkey argues that those cases are inapplicable to the question of driver’s license suspensions and that Robinson and Sprague are unlikely to succeed on the merits because the state’s scheme
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is subject only to rational basis review and is rationally related to legitimate government objectives. See Midkiff v. Adams Cty. Reg’l Water Dist., 409 F.3d 758, 770 (6th Cir. 2005) (“Under rational basis review, the governmental policy at issue will be afforded a strong presumption of validity and must be upheld as long as there is a rational relationship between the disparity of treatment and some legitimate government purpose.” (citations omitted)).
1. The Bearden Cases (First Claim for Relief) In the Bearden Cases, the Supreme Court set forth and refined certain core protections for indigent individuals facing state-imposed consequences based on their failure to pay sums owed related to their convictions. First, in Griffin, the Supreme Court held that the State of Illinois had violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment by failing to furnish trial transcripts to criminal defendants who needed the transcripts to obtain appellate review of their convictions but were unable to afford the required fees. The Court observed that, although Illinois’s requirements on their face applied equally to all criminal appellants, their effect was “to deny adequate appellate review to the poor while granting such review to all others.” Griffin, 351 U.S. at 13. The Court did not explain its holding in terms of either “rational basis” or “strict scrutiny,” presumably because those rubrics had not yet taken the firm hold they now possess over so much constitutional litigation. See Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2327 (2016) (Thomas, J., dissenting) (observing that “[o]nly in the 1960’s did the Court begin in earnest to speak of ‘strict scrutiny’ versus reviewing legislation for mere rationality, and to develop the contours of these tests”). Rather, the Court explained its holding as an extension of the basic principle, dating in its roots at least back to the Magna Carta, that “due process and equal protection both call for procedures in criminal trials which allow no invidious discriminations between persons and different groups of persons.” Id. at 17. The Court
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stressed that Illinois’ scheme offended the Constitution, even though the Constitution itself did not require Illinois to provide any appellate courts at all. Id. at 18 (citing McKane v. Durston, 153 U.S. 684, 687–88 (1894)).
Next, in Williams, the Court extended the logic of Griffin to hold that a court could not increase an indigent defendant’s imprisonment past his maximum sentence, based solely on his inability to pay fines arising out of his conviction:
Since only a convicted person with access to funds can avoid the increased imprisonment, the Illinois statute in operative effect exposes only indigents to the risk of imprisonment beyond the statutory maximum. By making the maximum confinement contingent upon one’s ability to pay, the State has visited different consequences on two categories of persons since the result is to make incarceration in excess of the statutory maximum applicable only to those without the requisite resources to satisfy the money portion of the judgment. 399 U.S. at 242. The Court stressed that its holding did not render the state “powerless to enforce judgments against those financially unable to pay a fine,” but rather merely required it to avail itself of the “numerous alternatives” on which it could rely to enforce the convicted person’s debts without unconstitutionally imposing a greater maximum sentence on the indigent than the non-indigent. Id. at 244. In Tate, the Court relied on Williams to hold that a Texas court violated the Equal Protection Clause by ordering the imprisonment of an indigent person based on his failure to pay traffic fines. 401 U.S. at 399. Again, the Court emphasized that the constitutional defect was not in the act of imposing a consequence on nonpayment, but in the fact that applying that consequence to a truly indigent person had the practical effect of imposing greater punishment based on the economic status of the violator. Id. at 401 (“We emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.”).
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Finally, in Bearden itself, the Court held that Georgia could not revoke an individual’s probation for failure to pay a fine or make restitution without first finding that the probationer was responsible for that failure or that alternative forms of punishment were inadequate. 461 U.S. at 672–73. The Court explained that “depriv[ing] the probationer of his conditional freedom simply because, through no fault of his own, he [could not] pay the fine” was “contrary to the fundamental fairness required by the Fourteenth Amendment.” Id. The Bearden Court took the opportunity to consider the Williams line of cases in the context of developments in the law emphasizing the now-commonplace tiered system of judicial review of state actions, noting that “[t]he parties, following the framework of Williams and Tate, have argued the question primarily in terms of equal protection, and debate vigorously whether strict scrutiny or rational basis is the appropriate standard of review.” Id. at 665. The Court, however, noted that the considerations at issue occupied a place in the Court’s constitutional case law where “[d]ue process and equal protection principles converge” and that, “[w]hether analyzed in terms of equal protection or due process, the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as ‘the nature of the individual interest affected, the extent to which it is affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose.’” Id. at 666–67 (quoting Williams, 399 U.S. at 260 (Harlan, J., concurring)).
The Sixth Circuit gave substantial consideration to the Bearden Cases in Johnson v. Bredesen, in which the court held that Tennessee’s law requiring felons to pay child support and restitution before having their voting rights restored did not offend constitutional principles, despite lacking an indigence exception. 624 F.3d 742, 748 (6th Cir. 2010). The majority opinion in Johnson faulted Griffin and Williams for “fail[ing] to articulate a precise standard of review,”
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but ultimately found them inapposite based on its conclusion that, because those cases involved access to courts or a risk of imprisonment, they were “concerned [with] fundamental interests” and, therefore, the challenged state actions were “subject to heightened scrutiny.” Id. at 749. Despite the fact that Bearden eschewed the question of strict scrutiny and cited, in its analysis, the Court’s consideration of “the rationality of the connection between legislative means and purpose,” the Johnson majority similarly concluded that Bearden applied a heightened level of scrutiny, in light of the underlying threat of imprisonment, and therefore was inapposite. Id. at 748–49.
Although Robinson and Sprague may take issue with aspects of the Johnson analysis, the court is required to accept Johnson as binding for the purpose of considering their likelihood of success on the merits. Accordingly, the court accepts that, where a plaintiff raises a challenge to the lack of an indigence exception under the principles embodied by the Bearden Cases, but the underlying right at issue is not one that has been recognized by the courts as fundamental, then the governing test is the rational basis test set forth in Johnson. The Johnson court complained of the Supreme Court’s history of “propound[ing] inconsistent iterations of the rational basis standard” but offered a formulation intended to “align[] with this Circuit’s and the Supreme Court’s most recent pronouncements.” 624 F.3d at 749. As set forth in Johnson, a law challenged under the rational basis standard “will be sustained if it can be said to advance a legitimate government interest, even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous.” Id. (quoting E. Brooks Books, Inc. v. Shelby Cnty., 588 F.3d 360, 364 (6th Cir. 2009)).
“While a fundamental right to travel exists, there is no fundamental right to drive a motor vehicle.” Duncan v. Cone, No. 00-5705, 2000 WL 1828089, at *2 (6th Cir. Dec. 7, 2000).
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Accordingly, the rational basis test set forth in Johnson applies. Even under that comparatively tolerant standard, however, Robinson and Sprague have demonstrated a likelihood of success on the merits, because the ostensible justification for the state’s lack of an indigence exception is not merely tenuous, but wholly without basis in reason in light of the underlying dynamics at issue.
Purkey first argues that the suspensions are rationally related to the state’s legitimate interest in ensuring the safety of the roadways. For that to be so, however, the underlying laws would have to draw some distinction based on actual expectation of safety risk, such as, for example, a distinction based on the severity or numerousness of the underlying offenses. The provisions at issue here are concerned only with whether the offender has paid her Traffic Debt or not. An individual capable of paying her fines and costs may, in any particular case, in fact be demonstrably more dangerous than an individual who cannot, but the provisions at issue do not take account of that fact. The state’s interest in safety, therefore, is insufficient to support the distinction challenged by Robinson and Sprague.
Purkey argues next that the suspension provisions are rationally related to the legitimate government interest in enforcing the law by collecting fines and costs imposed by law. That argument is persuasive insofar as it is applied to individuals who are actually capable of paying those fines but unwilling to do so. For such a person, the threat of losing her license would serve as an incentive to ensure payment. No person, however, can be threatened or coerced into doing the impossible, and no person can be threatened or coerced into paying money that she does not have and cannot get. It is therefore difficult to discern the rational basis for the aspect of the scheme that Robinson and Sprague have challenged—the lack of an exception for the truly indigent.
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Johnson upheld the lack of an indigence exception in that case on the ground that “[t]he legislature may have been concerned, for instance, that a specific exemption for indigent felons would provide an incentive to conceal assets and would result in the state being unable to compel payments from some non-indigent felons.” 624 F.3d at 748. The court reasoned that, although the lack of an indigence exception rendered the statute arguably overbroad, it was “of no moment under rational basis review” “[t]hat the state used a shotgun instead of a rifle to accomplish its legitimate end.” Id. at 748. That reasoning is persuasive insofar as it is applied to the right to vote, because the law’s overbreadth is still consistent with the ultimate purpose of increasing the likelihood that the underlying obligations will be paid.
A far different calculus prevails, however, when the privilege lost is the ability to operate a car on the state’s roadways. Unlike the power to vote, the ability to drive is crucial to the debtor’s ability to actually establish the economic self-sufficiency that is necessary to be able to pay the relevant obligations. Robinson and Sprague have previewed substantial evidence demonstrating the necessity of driving to the ability to earn a living in Tennessee (see Docket No. 19-1 to -10), but one needs only to observe the details of ordinary life to understand that an individual who cannot drive is at an extraordinary disadvantage in both earning and maintaining material resources. Suspending a driver’s license is therefore not merely out of proportion to the underlying purpose of ensuring payment, but affirmatively destructive of that end. In the parlance of Johnson, taking an individual’s driver’s license away to try to make her more likely to pay a fine is not using a shotgun to do the job of a rifle: it is using a shotgun to treat a broken arm. There is no rational basis for that.
At the core of the Bearden cases is not the distinction between fundamental and nonfundamental rights, but the principle that, when it comes to assessing the constitutionality of a
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material burden, “[l]aw addresses itself to actualities,” not merely the abstract. Griffin, 351 U.S. at 23 (Frankfurter, J., concurring). In the abstract, perhaps one could imagine that it makes sense to threaten even the indigent with the loss of their licenses, so as to give the state the harshest and least encumbered tool available to ensure payment by the non-indigent. In the realm of actualities, however, any such rationale collapses under the weight of its own contradictions. Providing a marginally more efficient tool for collecting from the non-indigent is simply no rational justification for aggressively reducing the likelihood of payment by the indigent. Whatever bare minimum of rationality is required to pass muster under Johnson, a law that is transparently counterproductive to the professed legitimate purpose falls short. Robinson and Sprague have therefore demonstrated a likelihood of success on the merits with regard to their legal arguments under the Bearden Cases.
2. James v. Strange (Third Claim for Relief) In James v. Strange, the Supreme Court struck down, on equal protection grounds, a Kansas scheme that imposed aggressive measures for the collection of amounts expended on counsel and other fees related to the defense of indigent defendants. 407 U.S. at 128. The Court held that the state may not “impose unduly harsh or discriminatory terms merely because the obligation is to the public treasury rather than to a private creditor,” id. at 138, taking particular issue with the Kansas scheme’s omission of exemptions, available to other debtors, designed to protect the debtor’s core personal resources. Id. at 135–36. Purkey has argued that Strange is inapposite because Robinson and Sprague’s fines are punitive in nature and therefore should not be treated as the equivalent of ordinary debt. The plaintiffs, however, challenge the imposition of the Tennessee scheme to all Traffic Debt, and the statutes at issue authorize suspension not just for a driver’s failure to pay fines but her failure to pay costs. See Tenn. Code Ann. § 55-50-
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502(a)(1)(H). James v. Strange is therefore arguably apposite to at least certain aspects of the challenged scheme.
Because James v. Strange offers fairly little by way of explanation of what amounts to an “unduly harsh” collection mechanism, it is somewhat difficult to predict how it will apply to any given case. In this instance, however, Robinson and Sprague challenge a regime that offers no exemptions or accommodations whatsoever that are designed to protect even the barest survival resources. They accordingly have shown at least some likelihood of success under their James v. Strange equal protection claim.
3. Procedural Due Process (Second Claim for Relief) Because the court has concluded that Robinson and Sprague have a likelihood of success on their claim that they are entitled to a substantive exception to the license suspension regime based on indigence, it inevitably follows that they have a likelihood of success on their procedural due process claim. Purkey does not dispute that a driver’s license, once issued, creates an interest substantial enough that it cannot be deprived without affording some minimum of due process. See Dixon v. Love, 431 U.S. 105, 112 (1977) (“It is clear that the Due Process Clause applies to the deprivation of a driver’s license by the State”); Bell v. Burson, 402 U.S. 535, 539 (1971) (“Suspension of issued licenses . . . involves state action that adjudicates important interests of the licensees. In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment.”). Robinson and Sprague, by their accounts, have been afforded no opportunity for a determination of their indigence, and therefore procedural due process has not been satisfied. The court need not, at this juncture, opine about the precise nature of notice and hearing to which a potentially indigent driver is entitled, given that no such hearing was afforded here.
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B. Other Factors The remaining factors governing a request for a temporary restraining order similarly
counsel in favor of granting Robinson and Sprague the limited relief they have requested. Robinson and Sprague have established not only the substantial and irreparable harm that ordinarily accompanies an unconstitutional deprivation, but an imminent risk of escalating and irreversible material consequences if they are not allowed to drive. Robinson faces a need for regular medical care that appears likely only to worsen as long as it is unaddressed. Sprague has attested that her position is so economically precarious that the detriments to her well-being and ability to parent are only accumulating. These harms are more than sufficient to warrant preliminary relief.
Purkey argues that the imminence of the harm to Robinson and Sprague is belied by the fact that they did not seek relief sooner. Robinson and Sprague, however, have persuasively described their previous efforts to mitigate the harm caused by the loss of their licenses, as well as the ultimate inadequacy of those efforts and the resultant worsening of the associated harms. The court will not punish Robinson and Sprague for first trying to address their injuries through their own power before resorting to a request for equitable relief.
Restoring the licenses of two people who would already have those licenses if they had simply had the resources to pay their debts would pose a minimal harm to either Purkey or the public at large. Indeed, Purkey would only be asked to restore the licenses of two individuals whose deprivations were effected inconsistently with his own professed reading of the relevant statutes at the TRO Hearing. The discretion not to suspend the license of such an individual appears to be well within his statutory authorization.
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Finally, the public interest would be served not only by righting a probable constitutional wrong, but by making both movants, particularly Sprague, more likely to pay the funds they owe to the relevant governments. This is not a case about whether Robinson and Sprague should be permitted to avoid the fines and costs that they owe. Reinstating Robinson and Sprague’s licenses would in no way erase their debts, nor would it preclude local authorities from seeking to enforce those debts through other means. Sprague in particular appears, at one time, to have possessed the financial ability at least to pay her Traffic Debt over time, before her earning power was substantially reduced by her inability to drive. Restoring that ability to drive would serve the important public purpose of increasing the likelihood that those debts are paid. C. Bond
“The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). Robinson and Sprague ask that they not be required to post bond in this matter, because the burdens associated with the re-issuance of their licenses are small and their likelihood of success is high. The costs that Purkey faces, however, are not nonexistent. Moreover, Robinson and Sprague’s success on the merits, though likely based on the facts before the court, is far from certain, particularly in light of the substantial tensions underlying the Bearden Cases and their application under Johnson. There are, moreover, factual questions about Robinson and Sprague’s respective cases and situations that the defendants may ultimately have persuasive reasons to contest.
Robinson and Sprague also ask the court to decline to impose bond on the ground that they are currently living in poverty and posting bond would present an onerous requirement in
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light of their resources. It is apparent to the court, however, that substantial resources have already been expended in the furtherance of Robinson and Sprague’s claims, and the court sees little reason to think an additional reasonable obligation related to their request for preliminary relief would be prohibitive. The court will accordingly fix the security bond at a sum of $1,000.
CONCLUSION For the above reasons, Robinson and Sprague’s Motion for Temporary Restraining Order Directing Immediate Restoration of their Driver’s Licenses (Docket No. 24) will be granted and Commissioner Purkey will be ordered to direct the TDSHS to reinstate the two movants’ driver’s licenses. An appropriate order will issue. ENTER this 5th day of October 2017.
______________________________ ALETA A. TRAUGER United States District Judge
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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED ROBINSON, ASHLEY SPRAGUE,

)

and JOHNNY GIBBS, on behalf of themselves )

and all others similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner of the )

Tennessee Department of Safety and Homeland )

Security, in his official capacity, et al.,

)

)

Defendants.

)

Case No. 3:17-cv-1263 Judge Aleta A. Trauger

MEMORANDUM

Before the court is Fred Robinson and Ashley Sprague’s Motion for Temporary

Restraining Order Directing Immediate Restoration of their Driver’s Licenses (“TRO Motion”)

(Docket No. 24), to which Tennessee Department of Safety and Homeland Security (“TDSHS”)

Commissioner David W. Purkey has filed a Response (Docket No. 47), and Robinson and

Sprague have filed a Reply (Docket No. 61). The court held a hearing on that motion on October

4, 2017 (“TRO Hearing”). For the reasons below, the TRO Motion will be granted and

Commissioner Purkey will be ordered to direct the TDSHS to reinstate the driver’s licenses of

Robinson and Sprague pending a hearing on a preliminary injunction.

BACKGROUND AND PROCEDURAL HISTORY

On September 13, 2017, Sprague and Robinson, along with their co-plaintiff Johnny

Gibbs, filed the Complaint in this matter against various defendants involved in the

administration of Tennessee’s driver’s license system, in particular in Wilson and Rutherford

Counties. (Docket No. 1.) According to the Complaint, Robinson is a resident of Murfreesboro,

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and Sprague is a resident of Lebanon. (Id. ¶¶ 14–15.) Robinson’s driver’s license was suspended on September 16, 2016. (Id. ¶ 99.) Sprague’s license was suspended in September 2015, although she claims not to have been aware of the suspension until May 2016. (Id. ¶¶ 109, 114.) Purkey, the only defendant subject to Robinson and Sprague’s proposed TRO (Docket No. 24-1), is the Commissioner of the TDSHS, the agency charged with the administration of Tennessee’s Uniform Classified and Commercial Driver License Act, Tenn. Code Ann. § 55-50-201. A. Tennessee’s Driver’s License Laws Regarding ‘Traffic Debt’
The State of Tennessee generally prohibits drivers from using its streets and highways without a driver’s license. Tenn. Code Ann. § 55-50-301(a)(1). An applicant for a Tennessee driver’s license must furnish certain required information confirming her eligibility and submit to an examination, including “an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.” Tenn. Code Ann. §§ 55-50-321, 55-50-322(a)(1)(A). In certain statutorily prescribed situations, an individual who has previously obtained a valid driver’s license may have the associated privileges rescinded, through revocation, suspension, or cancellation of the license. Tenn. Code Ann. §§ 55-50-501, 55-50-502(a) & (b). As relevant to this case, the TDSHS “is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee,” inter alia, “[h]as been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense” or “[h]as failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic.” Tenn. Code Ann. § 55-50-502(a)(1), (a)(1)(H)–(I). The plaintiffs refer to the payment obligations pursuant to which a driver’s license may be suspended under Tenn. Code Ann. § (a)(1)(H) & (I) collectively as “Traffic Debt.”
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Based on the briefing of the parties and representations by counsel at the TRO Hearing, the parties appear to agree that TDSHS itself is not charged with the initial collection of Traffic Debt, which is instead overseen by county and municipal court clerks. If a driver fails to pay Traffic Debt, however, the relevant clerk provides notice of the nonpayment to the TDSHS, which then effects the suspension of the driver’s license. Tennessee’s license suspension statute “authorize[s],” but does not by its language require, the TDSHS to suspend the license of an individual who is eligible for suspension for nonpayment of Traffic Debt. Robinson and Sprague contend that, despite TDSHS’s statutory discretion, its policy and practice is to automatically suspend the license of any driver who is subject to a notice of nonpayment. For the purpose of the instant motion, it is sufficient for the court to observe that there has been no suggestion, by Purkey or otherwise, that Robinson and Sprague’s licenses were suspended for any reason other than the TDSHS’s receipt of notices of Traffic Debt nonpayment from the relevant clerks. (Docket No. 47, at 3–4.)
Tennessee law expressly contemplates that a county or municipal court may offer a driver the option of agreeing to a payment plan that would allow her to retain her license, despite failing to pay her Traffic Debt immediately in full:
A person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2), the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(H) or (a)(1)(I), may be included in such payment plan, subject to the approval of the court. Tenn. Code Ann. § 55-50-502(d)(2). The TDSHS is authorized to reinstate the individual’s driving privileges upon receipt of certification that the payment plan was approved and the driver
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has “satisfied all other provisions of law relating to the issuance and restoration of a driver
license.” Tenn. Code Ann. § 55-50-502(d)(3).
Subsection (d), however, does not on its face require any court to “approv[e]” payment plans or require any court or clerk to “establish[]” a payment plan system.1 Nor does it set forth
any specific situation in which a driver would be entitled to a payment plan or any standard to
which payment plans must adhere. Moreover, the provision of the statute governing the
apportionment of costs for payment plan administration appears to acknowledge that some
counties may participate in the offering of such plans while some counties may not:
Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d).
Tenn. Code Ann. § 55-50-502(d)(6) (emphasis added). For jurisdictions that do offer payment
plans, there is no statutory requirement that the plan be calculated to be affordable based on the
driver’s economic status. See Tenn. Code Ann. § 55-50-502(d)(3)–(4).
At the TRO hearing, however, counsel for Commissioner Purkey premised his argument
against a temporary restraining order, at least in part, on a reading of subsection (d) that would
not only guarantee a driver the opportunity for a payment plan, but also the right to have that
plan consider and account for the driver’s indigence:
[T]he state process here meets—goes beyond what is required. There is—first of all, once someone is cited for a traffic violation, there is the ability to contest the citation. Once that’s done then, again, the second step is under the payment plan.
1 Tenn. Code Ann. § 55-50-502(d)(1) provides that the subsection of the statute authorizing payment plans “applies statewide.” This language appears intended to contrast with the requirement, in Tenn. Code Ann. § 55-50502(a)(1)(H), that pre-suspension installment plans be available to drivers in “any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.” While subsection (d)(1) makes clear that payment plans are permitted statewide, it does not by its language impose an obligation for any particular jurisdiction to make such plans available.
4
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If you can’t pay, you get a plan. . . . [A]nd they have a right to be heard on that indigence—indigency claim. So that—they’ve had all that. (Statement by Michael Alan Meyer, TRO Hearing (transcript pending).) At this stage in proceedings, the court is unable to conclude whether or to what extent Tennessee’s various local clerk’s offices share Purkey’s interpretation of the statute. Although the court will, in short order, presumably have the opportunity to be more fully briefed on the local defendants’ positions on the matter, the court must, for the purpose of the TRO Motion only, rely on the evidence before it, which consists primarily of the statutory text and Robinson and Sprague’s accounts of their own Traffic Debt experiences. Finally, state law imposes additional reinstatement fees when a driver whose license was suspended becomes eligible to restore her driving privileges. Tenn. Code Ann. § 55-12-129. Such fees vary, based on the particulars of the individual suspension, and TDSHS regulations permit individuals with reinstatement fees over $200 to enter into payment plans. Those plans, however, require a $200 down payment along with a $25 processing fee and minimum quarterly payments of $300. Tenn. Comp. R. & Regs. 1340-02-05-.02, -.04, -.10. B. Robinson and Sprague’s Traffic Debt Robinson and Sprague have filed 28 U.S.C. § 1746 unsworn declarations under penalty of perjury attesting to their respective economic circumstances and their experiences under the state’s system for the suspension of driver’s licenses for the nonpayment of Traffic Debt. (Doc. Nos. 16 & 28.) Both describe series of events whereby they, despite being financially unable to satisfy their Traffic Debt, were not afforded the opportunity for any accommodations based on indigence and accordingly had their licenses suspended. The below facts were taken primarily from Robinson and Sprague’s declarations and are recounted without prejudice to future refutation or impeachment by any defendant.
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1. Robinson
On June 24, 2016, while driving his sister’s car in Wilson County, Robinson received
misdemeanor traffic citations for speeding and failing to maintain valid insurance, for which he
was assessed fines in the total amount of $441. (Docket No. 16 ¶ 5.) Unable to pay that sum,
Robinson inquired, through pro bono counsel, into whether Wilson County authorities were
willing to place him on a payment plan. Through that inquiry, he learned that Wilson County
does not permit partial payments or payment plans for traffic tickets. (Id. ¶ 8.) In order to
reinstate his license, Robinson now must satisfy his $441 in Traffic Debt, as well as pay a
minimum of $200 (plus a $25 fee) toward a total of $323 in reinstatement fees. (Id. ¶ 11.)
Purkey has been able to locate and produce correspondence from TDSHS to Robinson
regarding the suspension of his license. In a letter from TDSHS’s Director of Financial
Responsibility, Susan Lowe, dated November 23, 2016, Lowe informed Robinson:
Our Department was notified by [the] Wilson County [General Sessions] Clerk that you failed to satisfy citation #[*******] issued to you on June 24, 2016. To avoid suspension of your driving privileges, our Department must receive certification from the Clerk of the Court that the citation has been satisfied. If the certification is not received, your driver license, driving privileges, and privilege to obtain a license will be suspended effective thirty (30) days from the date of this notice, (55-50-502 T.C.A.). [. . . .] If the information received from the court is in error, you should contact the court and have them submit any corrections to our Department. If there is an error, you are entitled to a hearing by the Department if your request is made in writing within thirty (30) days from the date of this notice. The scope of the hearing would be limited to the issue of whether or not the citation has been satisfied prior to the proposed date of suspension.
(Docket No. 50-3.) A second letter, dated January 9, 2017, informed Robinson that his license
was suspended. (Docket No. 50-4.)
6
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Robinson suffers from severe ulcerative colitis and cirrhosis of the liver, which have left him with serious physical disabilities and unable to work. (Id. ¶ 3.) His sole source of income is a monthly Social Security Disability benefit of $759. Because Robinson’s disability benefit is less than his living expenses, he relies on his family for assistance and sometimes forgoes prescribed medications that he cannot afford. He says that he does not have enough money for food or rent and typically eats only one meal per day. (Id. ¶ 4.)
Robinson receives regular treatment for his ailments from at least two doctors, including one whose office is in Nashville, over thirty miles from Robinson’s home. One of Robinson’s treating physicians has recommended that he begin consultation with a Memphis-based specialist about the possibility of a liver transplant. (Id. ¶ 13.) Robinson maintains that driving is the only practicable method of transportation that would allow him to pursue the transplant in Memphis and to avoid routinely missing his appointments in Murfreesboro and Nashville. (Id. ¶¶ 13, 17.) He currently relies on his mother and sister to drive him to appointments, but their availability is limited by their own work and family responsibilities. (Id. ¶ 15.) Robinson claims that, because his mother and sister were unavailable and he could not lawfully drive himself, he recently missed a scheduled ultrasound to detect blockage in tubes between his heart and liver. Robinson has suffered such blockages in the past, resulting in increased pain, vomiting blood, and hospitalization. (Id. ¶ 17.)
2. Sprague In April 2015, Sprague was issued traffic citations by the City of Mt. Juliet for speeding and failure to have proof of insurance, resulting in Traffic Debt of $477.50. (Docket No. 28 ¶ 4.) In September 2015, the TDSHS suspended Sprague’s license, based on her failure to pay that amount. Sprague claims that, although she was living and receiving mail at an address on file
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with the TDSHS, she never received any notice that her license would be or had been suspended. (Id. ¶ 6.)
In March 2016, Sprague was issued a civil traffic citation by the City of Lebanon in the amount of $224.50 for failure to have proof of insurance. Although Sprague’s license had been suspended by that time, the issuing officer did not inform her that her license was no longer effective or cite her for driving on a suspended license. In May 2016, Sprague was again issued civil traffic citations by the City of Lebanon, this time for driving with an expired registration, failure to have proof of insurance, and driving on a suspended license. The total amount of these citations was $244. According to Sprague, the May 2016 citation was her first notice that her license had been suspended. (Id. ¶¶ 7–8.)
Sprague says that she attempted to pay $80 toward her tickets but was informed that payment plans were not available. Accordingly, she would be required to pay her Traffic Debt in lump sums of nearly $500 each to the relevant jurisdictions. (Id. ¶¶ 9–10.) Sprague attests that she was never offered, nor had the opportunity to have, a hearing regarding her suspension and that, if she had been provided a hearing, she would have argued that she was unable to satisfy the full amount owed. (Id. ¶ 11.) In order to have her license reinstated now, Sprague would have to satisfy the $946 in Traffic Debt and pay a minimum of $200 (plus a $25 fee) toward a total of $388 in reinstatement fees. (Id. ¶ 12.)
Sprague is the single mother of five children, one of whom lives with her. Sprague’s other four children live with their grandparents because she is financially unable to care for them. (Id. ¶ 3.) At the time she incurred her initial Traffic Debt in April 2015, Sprague was working as a server at a Waffle House, where she made $2.13 an hour plus tips. (Id. ¶ 5.) She says that she lost that job because of her lack of reliable, affordable transportation to work. (Id. ¶ 15.) Sprague
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has also recently had short stints of employment at gas stations near her house, but she lost those jobs due to a lack of reliable transportation as well. Currently, Sprague works for her mother’s cleaning business, from which she receives take-home pay of about $150 per week, less than her current rent. (Id. ¶¶ 15–16.) C. Procedural History
Robinson, Sprague, and Gibbs brought the Complaint on their own behalf and on behalf of similarly situated people pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. They raise three constitutional challenges to the state’s laws governing suspension of driver’s licenses for nonpayment of Traffic Debt:
1. The plaintiffs’ First Claim for Relief alleges that the defendants’ effecting and continuing the suspension of people’s driver’s licenses for nonpayment of Traffic Debt without any inquiry into, or consideration of, the license holder’s ability to pay violates the right to fundamental fairness guaranteed by the Fourteenth Amendment (Docket No. 1 ¶ 156);
2. The plaintiffs’ Second Claim for Relief alleges that the defendants’ effecting the suspension of driver’s licenses—with either no notice or right to an ability-to-pay hearing (with regard to Tenn. Code Ann. § 55-50-502(a)(1)(H) suspensions), or with notice but only a right to a hearing on whether the license holder has failed to pay the relevant Traffic Debt (with regard to Tenn. Code Ann. § 55-50-502(a)(1)(I) suspensions)—violates the right to procedural fairness guaranteed by the Fourteenth Amendment (Id. ¶¶ 157–58); and
3. The plaintiffs’ Third Claim for Relief alleges that the defendants’ effecting and continuing the suspension of driver’s licenses from indigent people who owe Traffic
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Debt to the state and its counties and municipalities, but not imposing similar sanctions on other judgment debtors, violates the right to equal protection under law guaranteed by the Fourteenth Amendment (Id. ¶ 159). The plaintiffs seek declaratory and injunctive relief, including reinstatement of the driver’s licenses of Robinson, Sprague, and all members of the putative class other than members of the multi-barrier subclass. (Id. at 30.) On September 21, 2017, Robinson and Sprague filed a Motion for Temporary Restraining Order, requesting that Purkey immediately be required to restore Robinson and Sprague’s driver’s licenses without payment of fees. (Docket No. 24.) The plaintiffs have also filed motions for class certification, a preliminary injunction, and expedited discovery, which are not yet ripe for disposition. (Docket Nos. 13, 25, 29.) The court entered an Order providing that the TRO Motion would be held in abeyance until Robinson and Sprague filed proof that they had obtained the necessary insurance to comply with Tennessee’s driver financial responsibility laws, which are not being challenged in this action. (Docket No. 38.) Robinson and Sprague filed proof of insurance on September 26, 2017. (Docket No. 41.) The court held the TRO Hearing on October 4, 2017.
LEGAL STANDARD Temporary restraining orders and preliminary injunctions are extraordinary remedies that “should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. Lexington–Fayette Urban Co. Gov’t, 305 F.3d 566, 573 (6th Cir. 2002). Purkey argues that Robinson and Sprague face a heightened standard because they seek a mandatory injunction that goes beyond preserving the pre-litigation status quo. The Sixth Circuit, however, has been skeptical of such arguments, confirming that “[t]he difference
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between mandatory and prohibitory injunctive relief does not warrant application of differing legal standards.” NACCO Materials Handling Grp., Inc. v. Toyota Materials Handling USA, Inc., 246 F. App’x 929, 935 n.2 (6th Cir. 2007) (quoting United Food and Commercial Workers Union, Local 1099 v. Sw. Ohio Regional Transit Auth., 163 F.3d 341, 348 (6th Cir. 1998)).
To determine whether a temporary restraining order or a preliminary injunction should issue, the court must generally consider four factors: (1) the movant’s likelihood of success on the merits; (2) whether the movant will suffer irreparable harm without the injunction; (3) whether granting the injunction will cause substantial harm to others; and (4) the impact of the injunction on the public interest. See, e.g., Workman v. Bredesen, 486 F.3d 896, 905 (6th Cir. 2007); Rock & Roll Hall of Fame & Museum v. Gentile Prods., 134 F.3d 749, 753 (6th Cir. 1998). These four factors “are factors to be balanced not prerequisites that must be met.” Six Clinics Holding Corp., II v. Cafcomp Sys., 119 F.3d 393, 400 (6th Cir. 1997). Nonetheless, the court must address each factor “unless fewer factors are dispositive of the issue.” Id. at 399.
ANALYSIS A. Likelihood of Success on the Merits
Robinson and Sprague argue that they are likely to succeed on the merits because their argument that a driver’s license cannot be suspended for nonpayment of fines and costs without an indigence determination rests on a straightforward application of a number of relevant Supreme Court precedents, namely Griffin v. Illinois, 351 U.S. 12 (1956); Williams v. Illinois, 399 U.S. 235 (1970); Tate v. Short, 401 U.S. 395 (1971); and Bearden v. Georgia, 461 U.S. 660 (1983) (“Bearden Cases”); as well as the related case of James v. Strange, 407 U.S. 128 (1972). Purkey argues that those cases are inapplicable to the question of driver’s license suspensions and that Robinson and Sprague are unlikely to succeed on the merits because the state’s scheme
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is subject only to rational basis review and is rationally related to legitimate government objectives. See Midkiff v. Adams Cty. Reg’l Water Dist., 409 F.3d 758, 770 (6th Cir. 2005) (“Under rational basis review, the governmental policy at issue will be afforded a strong presumption of validity and must be upheld as long as there is a rational relationship between the disparity of treatment and some legitimate government purpose.” (citations omitted)).
1. The Bearden Cases (First Claim for Relief) In the Bearden Cases, the Supreme Court set forth and refined certain core protections for indigent individuals facing state-imposed consequences based on their failure to pay sums owed related to their convictions. First, in Griffin, the Supreme Court held that the State of Illinois had violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment by failing to furnish trial transcripts to criminal defendants who needed the transcripts to obtain appellate review of their convictions but were unable to afford the required fees. The Court observed that, although Illinois’s requirements on their face applied equally to all criminal appellants, their effect was “to deny adequate appellate review to the poor while granting such review to all others.” Griffin, 351 U.S. at 13. The Court did not explain its holding in terms of either “rational basis” or “strict scrutiny,” presumably because those rubrics had not yet taken the firm hold they now possess over so much constitutional litigation. See Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2327 (2016) (Thomas, J., dissenting) (observing that “[o]nly in the 1960’s did the Court begin in earnest to speak of ‘strict scrutiny’ versus reviewing legislation for mere rationality, and to develop the contours of these tests”). Rather, the Court explained its holding as an extension of the basic principle, dating in its roots at least back to the Magna Carta, that “due process and equal protection both call for procedures in criminal trials which allow no invidious discriminations between persons and different groups of persons.” Id. at 17. The Court
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stressed that Illinois’ scheme offended the Constitution, even though the Constitution itself did not require Illinois to provide any appellate courts at all. Id. at 18 (citing McKane v. Durston, 153 U.S. 684, 687–88 (1894)).
Next, in Williams, the Court extended the logic of Griffin to hold that a court could not increase an indigent defendant’s imprisonment past his maximum sentence, based solely on his inability to pay fines arising out of his conviction:
Since only a convicted person with access to funds can avoid the increased imprisonment, the Illinois statute in operative effect exposes only indigents to the risk of imprisonment beyond the statutory maximum. By making the maximum confinement contingent upon one’s ability to pay, the State has visited different consequences on two categories of persons since the result is to make incarceration in excess of the statutory maximum applicable only to those without the requisite resources to satisfy the money portion of the judgment. 399 U.S. at 242. The Court stressed that its holding did not render the state “powerless to enforce judgments against those financially unable to pay a fine,” but rather merely required it to avail itself of the “numerous alternatives” on which it could rely to enforce the convicted person’s debts without unconstitutionally imposing a greater maximum sentence on the indigent than the non-indigent. Id. at 244. In Tate, the Court relied on Williams to hold that a Texas court violated the Equal Protection Clause by ordering the imprisonment of an indigent person based on his failure to pay traffic fines. 401 U.S. at 399. Again, the Court emphasized that the constitutional defect was not in the act of imposing a consequence on nonpayment, but in the fact that applying that consequence to a truly indigent person had the practical effect of imposing greater punishment based on the economic status of the violator. Id. at 401 (“We emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.”).
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Finally, in Bearden itself, the Court held that Georgia could not revoke an individual’s probation for failure to pay a fine or make restitution without first finding that the probationer was responsible for that failure or that alternative forms of punishment were inadequate. 461 U.S. at 672–73. The Court explained that “depriv[ing] the probationer of his conditional freedom simply because, through no fault of his own, he [could not] pay the fine” was “contrary to the fundamental fairness required by the Fourteenth Amendment.” Id. The Bearden Court took the opportunity to consider the Williams line of cases in the context of developments in the law emphasizing the now-commonplace tiered system of judicial review of state actions, noting that “[t]he parties, following the framework of Williams and Tate, have argued the question primarily in terms of equal protection, and debate vigorously whether strict scrutiny or rational basis is the appropriate standard of review.” Id. at 665. The Court, however, noted that the considerations at issue occupied a place in the Court’s constitutional case law where “[d]ue process and equal protection principles converge” and that, “[w]hether analyzed in terms of equal protection or due process, the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as ‘the nature of the individual interest affected, the extent to which it is affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose.’” Id. at 666–67 (quoting Williams, 399 U.S. at 260 (Harlan, J., concurring)).
The Sixth Circuit gave substantial consideration to the Bearden Cases in Johnson v. Bredesen, in which the court held that Tennessee’s law requiring felons to pay child support and restitution before having their voting rights restored did not offend constitutional principles, despite lacking an indigence exception. 624 F.3d 742, 748 (6th Cir. 2010). The majority opinion in Johnson faulted Griffin and Williams for “fail[ing] to articulate a precise standard of review,”
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but ultimately found them inapposite based on its conclusion that, because those cases involved access to courts or a risk of imprisonment, they were “concerned [with] fundamental interests” and, therefore, the challenged state actions were “subject to heightened scrutiny.” Id. at 749. Despite the fact that Bearden eschewed the question of strict scrutiny and cited, in its analysis, the Court’s consideration of “the rationality of the connection between legislative means and purpose,” the Johnson majority similarly concluded that Bearden applied a heightened level of scrutiny, in light of the underlying threat of imprisonment, and therefore was inapposite. Id. at 748–49.
Although Robinson and Sprague may take issue with aspects of the Johnson analysis, the court is required to accept Johnson as binding for the purpose of considering their likelihood of success on the merits. Accordingly, the court accepts that, where a plaintiff raises a challenge to the lack of an indigence exception under the principles embodied by the Bearden Cases, but the underlying right at issue is not one that has been recognized by the courts as fundamental, then the governing test is the rational basis test set forth in Johnson. The Johnson court complained of the Supreme Court’s history of “propound[ing] inconsistent iterations of the rational basis standard” but offered a formulation intended to “align[] with this Circuit’s and the Supreme Court’s most recent pronouncements.” 624 F.3d at 749. As set forth in Johnson, a law challenged under the rational basis standard “will be sustained if it can be said to advance a legitimate government interest, even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous.” Id. (quoting E. Brooks Books, Inc. v. Shelby Cnty., 588 F.3d 360, 364 (6th Cir. 2009)).
“While a fundamental right to travel exists, there is no fundamental right to drive a motor vehicle.” Duncan v. Cone, No. 00-5705, 2000 WL 1828089, at *2 (6th Cir. Dec. 7, 2000).
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Accordingly, the rational basis test set forth in Johnson applies. Even under that comparatively tolerant standard, however, Robinson and Sprague have demonstrated a likelihood of success on the merits, because the ostensible justification for the state’s lack of an indigence exception is not merely tenuous, but wholly without basis in reason in light of the underlying dynamics at issue.
Purkey first argues that the suspensions are rationally related to the state’s legitimate interest in ensuring the safety of the roadways. For that to be so, however, the underlying laws would have to draw some distinction based on actual expectation of safety risk, such as, for example, a distinction based on the severity or numerousness of the underlying offenses. The provisions at issue here are concerned only with whether the offender has paid her Traffic Debt or not. An individual capable of paying her fines and costs may, in any particular case, in fact be demonstrably more dangerous than an individual who cannot, but the provisions at issue do not take account of that fact. The state’s interest in safety, therefore, is insufficient to support the distinction challenged by Robinson and Sprague.
Purkey argues next that the suspension provisions are rationally related to the legitimate government interest in enforcing the law by collecting fines and costs imposed by law. That argument is persuasive insofar as it is applied to individuals who are actually capable of paying those fines but unwilling to do so. For such a person, the threat of losing her license would serve as an incentive to ensure payment. No person, however, can be threatened or coerced into doing the impossible, and no person can be threatened or coerced into paying money that she does not have and cannot get. It is therefore difficult to discern the rational basis for the aspect of the scheme that Robinson and Sprague have challenged—the lack of an exception for the truly indigent.
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Johnson upheld the lack of an indigence exception in that case on the ground that “[t]he legislature may have been concerned, for instance, that a specific exemption for indigent felons would provide an incentive to conceal assets and would result in the state being unable to compel payments from some non-indigent felons.” 624 F.3d at 748. The court reasoned that, although the lack of an indigence exception rendered the statute arguably overbroad, it was “of no moment under rational basis review” “[t]hat the state used a shotgun instead of a rifle to accomplish its legitimate end.” Id. at 748. That reasoning is persuasive insofar as it is applied to the right to vote, because the law’s overbreadth is still consistent with the ultimate purpose of increasing the likelihood that the underlying obligations will be paid.
A far different calculus prevails, however, when the privilege lost is the ability to operate a car on the state’s roadways. Unlike the power to vote, the ability to drive is crucial to the debtor’s ability to actually establish the economic self-sufficiency that is necessary to be able to pay the relevant obligations. Robinson and Sprague have previewed substantial evidence demonstrating the necessity of driving to the ability to earn a living in Tennessee (see Docket No. 19-1 to -10), but one needs only to observe the details of ordinary life to understand that an individual who cannot drive is at an extraordinary disadvantage in both earning and maintaining material resources. Suspending a driver’s license is therefore not merely out of proportion to the underlying purpose of ensuring payment, but affirmatively destructive of that end. In the parlance of Johnson, taking an individual’s driver’s license away to try to make her more likely to pay a fine is not using a shotgun to do the job of a rifle: it is using a shotgun to treat a broken arm. There is no rational basis for that.
At the core of the Bearden cases is not the distinction between fundamental and nonfundamental rights, but the principle that, when it comes to assessing the constitutionality of a
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material burden, “[l]aw addresses itself to actualities,” not merely the abstract. Griffin, 351 U.S. at 23 (Frankfurter, J., concurring). In the abstract, perhaps one could imagine that it makes sense to threaten even the indigent with the loss of their licenses, so as to give the state the harshest and least encumbered tool available to ensure payment by the non-indigent. In the realm of actualities, however, any such rationale collapses under the weight of its own contradictions. Providing a marginally more efficient tool for collecting from the non-indigent is simply no rational justification for aggressively reducing the likelihood of payment by the indigent. Whatever bare minimum of rationality is required to pass muster under Johnson, a law that is transparently counterproductive to the professed legitimate purpose falls short. Robinson and Sprague have therefore demonstrated a likelihood of success on the merits with regard to their legal arguments under the Bearden Cases.
2. James v. Strange (Third Claim for Relief) In James v. Strange, the Supreme Court struck down, on equal protection grounds, a Kansas scheme that imposed aggressive measures for the collection of amounts expended on counsel and other fees related to the defense of indigent defendants. 407 U.S. at 128. The Court held that the state may not “impose unduly harsh or discriminatory terms merely because the obligation is to the public treasury rather than to a private creditor,” id. at 138, taking particular issue with the Kansas scheme’s omission of exemptions, available to other debtors, designed to protect the debtor’s core personal resources. Id. at 135–36. Purkey has argued that Strange is inapposite because Robinson and Sprague’s fines are punitive in nature and therefore should not be treated as the equivalent of ordinary debt. The plaintiffs, however, challenge the imposition of the Tennessee scheme to all Traffic Debt, and the statutes at issue authorize suspension not just for a driver’s failure to pay fines but her failure to pay costs. See Tenn. Code Ann. § 55-50-
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502(a)(1)(H). James v. Strange is therefore arguably apposite to at least certain aspects of the challenged scheme.
Because James v. Strange offers fairly little by way of explanation of what amounts to an “unduly harsh” collection mechanism, it is somewhat difficult to predict how it will apply to any given case. In this instance, however, Robinson and Sprague challenge a regime that offers no exemptions or accommodations whatsoever that are designed to protect even the barest survival resources. They accordingly have shown at least some likelihood of success under their James v. Strange equal protection claim.
3. Procedural Due Process (Second Claim for Relief) Because the court has concluded that Robinson and Sprague have a likelihood of success on their claim that they are entitled to a substantive exception to the license suspension regime based on indigence, it inevitably follows that they have a likelihood of success on their procedural due process claim. Purkey does not dispute that a driver’s license, once issued, creates an interest substantial enough that it cannot be deprived without affording some minimum of due process. See Dixon v. Love, 431 U.S. 105, 112 (1977) (“It is clear that the Due Process Clause applies to the deprivation of a driver’s license by the State”); Bell v. Burson, 402 U.S. 535, 539 (1971) (“Suspension of issued licenses . . . involves state action that adjudicates important interests of the licensees. In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment.”). Robinson and Sprague, by their accounts, have been afforded no opportunity for a determination of their indigence, and therefore procedural due process has not been satisfied. The court need not, at this juncture, opine about the precise nature of notice and hearing to which a potentially indigent driver is entitled, given that no such hearing was afforded here.
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B. Other Factors The remaining factors governing a request for a temporary restraining order similarly
counsel in favor of granting Robinson and Sprague the limited relief they have requested. Robinson and Sprague have established not only the substantial and irreparable harm that ordinarily accompanies an unconstitutional deprivation, but an imminent risk of escalating and irreversible material consequences if they are not allowed to drive. Robinson faces a need for regular medical care that appears likely only to worsen as long as it is unaddressed. Sprague has attested that her position is so economically precarious that the detriments to her well-being and ability to parent are only accumulating. These harms are more than sufficient to warrant preliminary relief.
Purkey argues that the imminence of the harm to Robinson and Sprague is belied by the fact that they did not seek relief sooner. Robinson and Sprague, however, have persuasively described their previous efforts to mitigate the harm caused by the loss of their licenses, as well as the ultimate inadequacy of those efforts and the resultant worsening of the associated harms. The court will not punish Robinson and Sprague for first trying to address their injuries through their own power before resorting to a request for equitable relief.
Restoring the licenses of two people who would already have those licenses if they had simply had the resources to pay their debts would pose a minimal harm to either Purkey or the public at large. Indeed, Purkey would only be asked to restore the licenses of two individuals whose deprivations were effected inconsistently with his own professed reading of the relevant statutes at the TRO Hearing. The discretion not to suspend the license of such an individual appears to be well within his statutory authorization.
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Finally, the public interest would be served not only by righting a probable constitutional wrong, but by making both movants, particularly Sprague, more likely to pay the funds they owe to the relevant governments. This is not a case about whether Robinson and Sprague should be permitted to avoid the fines and costs that they owe. Reinstating Robinson and Sprague’s licenses would in no way erase their debts, nor would it preclude local authorities from seeking to enforce those debts through other means. Sprague in particular appears, at one time, to have possessed the financial ability at least to pay her Traffic Debt over time, before her earning power was substantially reduced by her inability to drive. Restoring that ability to drive would serve the important public purpose of increasing the likelihood that those debts are paid. C. Bond
“The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). Robinson and Sprague ask that they not be required to post bond in this matter, because the burdens associated with the re-issuance of their licenses are small and their likelihood of success is high. The costs that Purkey faces, however, are not nonexistent. Moreover, Robinson and Sprague’s success on the merits, though likely based on the facts before the court, is far from certain, particularly in light of the substantial tensions underlying the Bearden Cases and their application under Johnson. There are, moreover, factual questions about Robinson and Sprague’s respective cases and situations that the defendants may ultimately have persuasive reasons to contest.
Robinson and Sprague also ask the court to decline to impose bond on the ground that they are currently living in poverty and posting bond would present an onerous requirement in
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light of their resources. It is apparent to the court, however, that substantial resources have already been expended in the furtherance of Robinson and Sprague’s claims, and the court sees little reason to think an additional reasonable obligation related to their request for preliminary relief would be prohibitive. The court will accordingly fix the security bond at a sum of $1,000.
CONCLUSION For the above reasons, Robinson and Sprague’s Motion for Temporary Restraining Order Directing Immediate Restoration of their Driver’s Licenses (Docket No. 24) will be granted and Commissioner Purkey will be ordered to direct the TDSHS to reinstate the two movants’ driver’s licenses. An appropriate order will issue. ENTER this 5th day of October 2017.
______________________________ ALETA A. TRAUGER United States District Judge
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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED ROBINSON et al.,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner

)

of the Tennessee Department of Safety

)

and Homeland Security, in his official

)

capacity, et al.,

)

)

Defendants.

)

Case No. 3:17-cv-01263 Judge Aleta A. Trauger

ORDER

For the reasons set out in the accompanying Memorandum, the Motion for Preliminary

Injunction (Docket No. 25) filed by Fred Robinson, Ashley Sprague, and Johnny Gibbs is hereby

GRANTED in part and DENIED in part. Tennessee Department of Safety and Homeland

Security Commissioner David W. Purkey is hereby ORDERED to:

1. Immediately cease suspending or permitting the suspension of any driver’s license for

failure to pay fines, costs, or litigation taxes related to traffic violations pursuant to Tenn.

Code Ann. § 55-50-502(a)(1)(H) or (I) without one of the following:

a. Notice to the licensee that includes the offer of a fact-based inquiry, with

participation by the licensee, as to the licensee’s ability to pay and, if such inquiry

is requested, a factual determination, prior and as a prerequisite to license

suspension, that the amount sought is within the licensee’s ability to pay; or

b. Certification from the reporting jurisdiction that notice containing such offer has

been afforded and (if inquiry is requested) such factual determination has been

made. 1

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2. Waive all reinstatement fees and other reinstatement requirements related to the suspension of any driver’s license for failure to pay fines, costs, or litigation taxes related to traffic violations pursuant to Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I), except insofar as the applicant seeking reinstatement is provided with one of the following: a. Notice to the applicant that includes the offer of a fact-based inquiry, with participation by the applicant, as to the applicant’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to the charging of reinstatement fees, that the amount sought is within the licensee’s ability to pay; or b. Certification from the original reporting jurisdiction that notice containing such offer has been afforded and (if inquiry is requested) such factual determination has been made; or c. A combination of the notice to the applicant described in the above subsection 2.a and the opportunity for a local-level factual determination and certification to the Commissioner described in the above subsection 2.b.
3. Allow the reinstatement of the driver’s license of any driver applying for reinstatement whose sole obstacle to reinstatement is a suspension of his driver’s license for failure to pay fines, costs, or litigation taxes related to traffic violations pursuant to Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I), or his failure to satisfy any fees or other reinstatement requirements related to that suspension, except insofar as the applicant is afforded one of the following: a. Notice to the applicant that includes the offer of a fact-based inquiry, with participation by the applicant, as to the applicant’s ability to pay and, if such
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inquiry is requested, a factual determination, prior and as a prerequisite to refusal of reinstatement, that the amount sought is within the licensee’s ability to pay; b. certification from the original reporting jurisdiction that notice containing such offer has been afforded and (if inquiry is requested) such factual determination has been made; or c. A combination of the notice to the applicant described in the above subsection 3.a and the opportunity for a local-level factual determination and certification to the Commissioner described in the above subsection 3.b. IT IS SO ORDERED. ENTER this 16th day of October 2018.
______________________________ ALETA A. TRAUGER United States District Judge
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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED ROBINSON, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner

)

of the Tennessee Department of Safety

)

and Homeland Security, in his official

)

capacity, et al.,

)

)

Defendants.

)

Case No. 3:17-cv-01263 Judge Aleta A. Trauger

MEMORANDUM AND ORDER

Tennessee Department of Safety and Homeland Security (“TDSHS”) Commissioner David

W. Purkey (“Commissioner”) has filed a Motion for Partial Stay Pending Appeal (Docket No.

229), to which Fred Robinson, Ashley Sprague, and Johnny Gibbs have filed a Response (Docket

No. 231), and the Commissioner has filed a Reply (Docket No. 234). For the reasons set out herein,

the Commissioner’s motion will be granted in part and denied in part.

I. BACKGROUND

The plaintiffs have challenged the constitutionality of the Commissioner’s policy of

suspending the driver’s licenses of Tennessee drivers who, because they are indigent, have been

unable to pay fines and other fees assessed against them related to traffic violations. Those fines

and other fees are also known as “traffic debt.” The plaintiffs do not challenge Tennessee’s

authority to impose traffic debt or any local jurisdiction’s right to collect it using ordinary

collection mechanisms, such as garnishment or attachment. See Tenn. Code Ann. § 40-24-105(a);

Tenn. R. Civ. P. 69.05–.07; Tenn. Op. Att’y Gen. No. 06-135 (Aug. 21, 2006). Nor do they

challenge the Commissioner’s authority to suspend the driver’s licenses of people who are able to 1

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pay their traffic debt but choose not to. See Tenn. Code Ann. § 55-50-502(a)(1)(H). Rather, the plaintiffs take issue with the fact that the Commissioner has historically suspended the license of every driver for whom it receives a notice of nonpayment from the relevant local jurisdiction, with no consideration of the driver’s reason for nonpayment. The inevitable result has been that many poor Tennesseans have seen minor traffic infractions transformed into debilitating suspensions because the traffic debt imposed on them—which routinely numbers in the hundreds and even thousands of dollars—is more than they can afford to pay. A driver with resources who commits a traffic offense can pay a sum, begrudgingly or not, and move on. An indigent driver who commits the same offense has his life severely disrupted for an indefinite period of time. The plaintiffs argue that that policy runs afoul of the constitutional guarantees of due process and equal protection.
The plaintiffs base their argument, first, on a series of well-settled Supreme Court precedents holding that certain other criminal procedures related to costs and payment—which, like the Commissioner’s policy, lacked indigence exceptions—deprived indigent defendants of due process and equal protection by irrationally and unfairly treating those defendants worse than non-indigent defendants for no reason other than their material poverty. See Griffin v. Illinois, 351 U.S. 12, 13 (1956) (fees for transcripts to use on appeal); Douglas v. California, 372 U.S. 353, 357 (1963) (counsel for direct appeal); Roberts v. LaVallee, 389 U.S. 40, 42 (1967) (fees for preliminary hearing transcripts); Williams v. Illinois, 399 U.S. 235, 240–41 (1970) (extension of sentence for failure to pay fines); Tate v. Short, 401 U.S. 395, 399 (1971) (required service on municipal farm for failure to pay fines); Mayer v. City of Chicago, 404 U.S. 189, 198 (1971) (fees for records to use on appeal in case involving fines only); Bearden v. Georgia, 461 U.S. 660, 672– 73 (1983) (revocation of probation for failure to pay fines or restitution).
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In the alternative, the plaintiffs argue that the Commissioner’s policy violates James v. Strange, 407 U.S. 128 (1972), in which the Supreme Court struck down an unusually harsh regime for recouping attorneys’ fees from indigent defendants on the ground that it “blight[ed] in such discriminatory fashion the hopes of indigents for self-sufficiency and self-respect.” Id. at 142–43. Finally, the plaintiffs argue that, by failing to provide drivers with adequate notice and procedural mechanisms related to an indigence exception, Tennessee has deprived drivers of the procedural due process that the government owes to drivers facing the loss of their driving privileges. See Bell v. Burson, 402 U.S. 535, 542 (1971) (“[I]t is fundamental that except in emergency situations . . . due process requires that when a State seeks to terminate [the driver’s license of a presently licensed driver], it must afford notice and opportunity for hearing appropriate to the nature of the case before the termination becomes effective.” (citations and internal question marks omitted)).
The plaintiffs filed a Motion for Preliminary Injunction seeking several types of broad relief related to the Commissioner’s policies, both with regard to existing suspensions and possible future suspensions. (Docket No. 25.) With regard to existing suspensions, the plaintiffs asked the court to issue a blanket order requiring the Commissioner to reinstate the licenses of all drivers suffering from traffic debt-related suspensions, with the exception of certain drivers facing other bars to licensure. (Id. at 2.) With regard to the prospect of future suspensions, the plaintiffs sought an order requiring the Commissioner to either discontinue suspensions or alter TDSHS’s procedures to ensure that indigent drivers receive an exception and adequate notice and procedures related to that exception. (Id. at 1.)
The parties submitted the matter to the court on briefs, and, on October 16, 2018, the court granted the plaintiffs’ motion in part and denied it in part. (Docket Nos. 222 & 223.) The court concluded that the plaintiffs had established a strong likelihood of success on the merits with
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regard to their constitutional claims and that, if injunctive relief were denied, irreparable harm would be done both to the members of the plaintiff class and to the broader public interest. The court also concluded, however, that the Commissioner had demonstrated that, if the court ordered universal, immediate relief to all currently suspended drivers, then TDSHS would experience significant logistical strains and revenue shortfalls that might interfere with the agency’s important public functions. Accordingly, the court granted the plaintiffs a circumscribed version of their requested relief. Pursuant to the court’s order, TDSHS is required to reinstate the license of any covered driver who affirmatively applies for reinstatement, unless TDSHS provides the applicant with notice of his right to an ability-to-pay determination. Under the terms of the order, TDSHS can either make that ability-to-pay determination itself or refer the applicant to a local jurisdiction for such a determination, and TDSHS is permitted to deny reinstatement if the applicant is found not to be indigent. TDSHS is also required to waive reinstatement fees and any other reinstatement requirements specifically related to the driver’s allegedly unlawful suspension (if there are any). With regard to future suspensions, the court’s order permits TDSHS to continue to engage in future suspensions only if it provides notice and an opportunity for an ability-to-pay determination or receives confirmation that such a notice and opportunity were afforded at the local level. (Docket No. 223 at 1–3.)
On October 18, 2018, the Commissioner filed a Notice of Appeal. (Docket No. 228.) Contemporaneously, he filed a Motion for Partial Stay Pending Appeal, in which he asked the court to stay the portions of its preliminary injunction related to existing suspensions. (Docket No. 229.) The Commissioner informed the court that TDSHS has, for the time being, stopped imposing new suspensions for nonpayment of traffic debt, bringing it into compliance with paragraph 1 of the court’s order. (Docket No. 230-1 ¶ 4.) The Commissioner complains, however, that TDSHS
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currently has no mechanisms for making ability-to-pay determinations and no resources available for creating such a process. Specifically, the Commissioner has filed a Declaration by Director Susan Lowe of TDSHS’s Financial Responsibility Division stating that TDSHS currently has only six hearing officers, none of whom has received any training with regard to making indigence determinations. (Id. ¶ 5.) Lowe reiterates that, as the parties and court have always understood, TDSHS had no preexisting regulations in place for making such determinations, and she confirms that TDSHS has not promulgated any such rules since the court’s order. (Id. ¶ 6.) The Commissioner argues that, due to those limitations, the only way he can comply with paragraphs 2 and 3 of the court’s order—at least over the short term—is simply to waive fees and reinstatement requirements for all applicants seeking reinstatement from their traffic debt suspensions, including those who are not indigent.
II. LEGAL STANDARD “A stay is not a matter of right, even if irreparable injury might otherwise result. It is instead an exercise of judicial discretion, and the propriety of its issue is dependent upon the circumstances of the particular case.” Nken v. Holder, 556 U.S. 418, 433 (2009) (internal citations, quotation marks, and brackets omitted). When determining whether to grant a stay, courts consider “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Id. at 434 (internal quotation marks omitted). “These [four] factors are not prerequisites that must be met, but are interrelated considerations that must be balanced together.” SEIU Local 1 v. Husted, 698 F.3d 341, 343 (6th Cir. 2012) (internal quotation marks and citation omitted).
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III. ANALYSIS The Commissioner argues that, because the Sixth Circuit has never ruled on whether a regime such as Tennessee’s is required to include an indigence exception, there remain serious questions with regard to whether this court’s order will survive the Commissioner’s appeal. The Commissioner suggests that allowing paragraphs 2 and 3 of the preliminary injunction to go into effect now, only to be vacated later, would unnecessarily disrupt TDSHS’s functioning and revenues. The Commissioner also argues that the court’s preliminary injunction was ambiguous with regard to which reinstatement requirements it is required to suspend, in violation of Rule 65(b) of the Federal Rules of Civil Procedure—an argument that the court will construe as a request to modify the preliminary injunction, given that a fatally flawed injunction would not be remedied by a mere stay. A. Factors Regarding Propriety of Stay With regard to the first factor, likelihood of success on the merits, the Commissioner is correct that, due to the unsettled nature of the law in this area, it is possible that the Sixth Circuit will reject the constitutional theories advocated by the plaintiffs. This factor, however, carries less weight than it might in other cases because the unique context of this case allowed the court to consider that possibility already and limit the requested relief accordingly. Normally, when the court enters a preliminary injunction against a party, it has no way of knowing, as a certainty, whether the party will appeal. When the party does appeal, then, it introduces a new element of uncertainty not addressed in the court’s initial balancing of considerations when it crafted its injunction. See City of Pontiac Retired Emps. Ass’n v. Schimmel, 751 F.3d 427, 430 (6th Cir. 2014) (setting forth preliminary injunction factors). Here, however, there was no question of whether the Commissioner would raise the core issues of this case to the Sixth Circuit, because he had already
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done so—in his appeal of the court’s judgment in Thomas v. Haslam.1 The court, accordingly, already considered the likelihood of a dispositive change in Sixth Circuit law when the court considered the scope of relief appropriate:
The court . . . remains aware of the fact that, because Thomas is currently before the Sixth Circuit and presents an issue of first impression in the circuit, there is a possibility that the law governing this issue in Tennessee may change in the foreseeable future. The court, therefore, is hesitant to require TDSHS to expend too many resources now, when a potential clarification of its obligations is reasonably within sight. (Docket No. 222 at 37.) The possibility of reversal on appeal—or the equivalent of reversal on appeal, via Thomas—has already been considered and, indeed, was one of the court’s core reasons for denying the plaintiffs the full relief they sought. That possibility, therefore, only weakly favors further narrowing the relief granted by imposing a delay in the Commissioner’s obligations. The second factor governing stay requests calls on the court to consider whether a stay will spare the Commissioner some irreparable harm. The harms to TDSHS at issue here are, for the most part, economic. Typically, “economic loss does not constitute irreparable harm, in and of itself.” State of Ohio ex rel. Celebrezze v. Nuclear Regulatory Comm’n, 812 F.2d 288, 290 (6th Cir. 1987) (citing Wisc. Gas Co. v. F.E.R.C., 758 F.2d 669, 674 (D.C. Cir. 1985)). The consequences of particular economic harms, however, may be irreparable, and the Commissioner has, as he did in his opposition to the preliminary injunction, provided some evidence that the compliance costs and revenue losses associated with the preliminary injunction might, in light of current budgetary realities, interfere with TDSHS’s ordinary functioning. Such effects could qualify as irreparable.
1 Case No. 3:17-cv-00005.
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The extent of those harms, however, is uncertain, given that TDSHS has avenues through which it can restore at least some of the relevant revenue streams, including options that would not require it to use its own hearing officers to make ability-to-pay determinations. The court’s order was specifically crafted to allow TDSHS to rely on local jurisdictions for its ability-to-pay determinations. (See Docket No. 223 ¶¶ 2.b & .c, 3.b & .c.) For example, under paragraphs 2.c and 3.c, TDSHS has the option of giving an applicant notice of his right to an ability-to-pay determination but referring the applicant to the jurisdiction that initially reported his debt for the determination to be made. Then, if the reporting jurisdiction determines that the driver is nonindigent, TDSHS can deny reinstatement. (Id.) The plaintiffs, moreover, concede that some Tennessee jurisdictions have adopted ability-to-pay processes related to traffic debt that satisfy constitutional requirements—processes that any other jurisdiction could copy or adapt.
It is, of course, possible that some local jurisdictions would not participate in such a scheme, and TDSHS would, therefore, have to reinstate the licenses of all qualifying applicants from those jurisdictions. TDSHS’s traffic debt suspension scheme, however, has always given local governments the first say in how a debtor should be treated. As the court has earlier explained, TDSHS has no way of knowing, in the first place, that a driver is eligible for suspension unless a local jurisdiction reports him, which the local jurisdiction has no obligation to do. (Docket No. 151 at 11.) Accordingly, if a local jurisdiction simply elects not to report its debtors, TDSHS will never get any revenues from those debtors—regardless of how much it might benefit from those revenues. Relying on local jurisdictions for indigence determinations, therefore, would merely replicate the balance of power in the program as it already exists.
In any event, there is no reason to assume that local jurisdictions would refuse to participate in such a system or that they would struggle at all in doing so. Indigence determinations are already
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a pervasive, unavoidable feature of the criminal justice system, and Tennessee courts make thousands of such determinations a year. See, e.g., Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973) (acknowledging right to indigent defense in some probation and parole revocation hearings); Miranda v. Arizona, 384 U.S. 436, 473–74 (1967) (acknowledging right to indigent defense during a custodial interrogation); Gideon vs. Wainwright, 372 U.S. 335, 344–45 (1963) (acknowledging right to indigent defense at trial); Tenn. Admin. Office of the Courts, Tennessee’s Indigent Defense Fund: A Report to the 107th Tennessee General Assembly 11–13 (2011) (providing statistics related to indigence determinations). 2 As the plaintiffs point out, those courts are typically able to make such determinations without resorting to the resource-intensive process of conducting full hearings, by relying on forms and criteria intended to identify those defendants likely to be indigent and those who likely are not. For example, jurisdictions may use presumptive indicators of poverty such as participation in the Temporary Assistance for Needy Families program, TennCare program, Supplemental Nutrition Assistance Program, or Supplemental Security Income program, may inquire into reported taxable income, or may rely on affidavits attesting to a driver’s economic situation. (Docket No. 223 at 6 n.3.) Only if there is some reason for a party to dispute a claim of indigence would there ever be a need for anything resembling a hearing.
Moreover, as the Commissioner has repeatedly reminded the court, traffic debtors already have the right to seek discretionary relief from their traffic debt from the imposing court and, in doing so, are free to argue their indigence as a persuasive reason for the court’s granting relief. All that would be required to provide the necessary ability-to-pay determination in such a proceeding would be to (1) adopt the reliable standards that that court already uses for indigence determinations in other settings and (2) eliminate the discretionary nature of the relief. It is entirely
2 Available at http://www.tsc.state.tn.us/sites/default/files/docs/aoc_indigent_defense_fund_report.pdf.
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possible, then, that TDSHS’s revenue streams can be, in large part, restored without TDSHS having to turn to its own personnel and rulemaking to construct an indigence determination process from scratch.
Because the harms to TDSHS related to the preliminary injunction are speculative in scope and can be mitigated, the second factor only weakly favors granting a stay. In contrast, the third factor for considering a stay, which looks to the harm a stay would do to the party to whom the injunction was originally granted, strongly favors denying the Commissioner’s request, because a lengthy stay would undoubtedly cause serious and irreparable harm to members of the plaintiff class. The court has gone on at length, here and in Thomas, regarding the obvious and overwhelming facts establishing the centrality of driving to life in Tennessee. Poor individuals, moreover, simply do not have the opportunities for mitigation and triage available to a large state agency with millions of dollars in its budget and a staff of seasoned public servants at its disposal. Every day without adequate transportation is a day in which a person is likely to be pulled more deeply into poverty; to grow more isolated from family and community; and to fail to receive needed medical care or perform necessary tasks. A person cannot merely put his participation in life on hold for months or years at a time and hope to return no worse for wear. Opportunities missed may never come again; good health lost may never be regained; and the stigma and isolation accumulated cannot merely be sloughed off once the original obstacle is lifted. Granting a stay pending appeal would lengthen and exacerbate the already damaging position in which plaintiff class members already find themselves.
With regard to the final factor for considering a stay, the public interest, that interest continues to lie with (1) Tennessee’s complying with the Constitution and (2) Tennessee’s poorest residents not being subject to a system that irrationally imposes a mere inconvenience on the rich
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while upending the lives of the poor. Although the court remains sensitive to the budgetary pressures faced by TDSHS, there is, ultimately, no fiscal veto to the constitutional guarantees of due process and equal protection. Complying with the Constitution is routinely more expensive than disregarding it. It is cheaper, for example, to deny individuals the opportunity to contest their tax liability than it is to honor their right to due process and risk losing the revenues sought.3 It is cheaper to pay property owners subject to eminent domain only a pittance than it is to pay them just compensation.4 It is cheaper to try indigent criminal defendants without lawyers than to honor those defendants’ right to appointed counsel.5 Ultimately, however, every government must find a way to fund itself and perform its functions within the bounds of the Constitution. The court has attempted to craft the injunctive relief granted so as to reduce the strain on TDSHS, but it will not further insulate TDSHS from its obligations by issuing a stay pending the resolution of the Commissioner’s appeal.
The Commissioner has asked, in the alternative, that this court grant a brief stay to allow the Sixth Circuit to consider an equivalent motion. Even a short stay would lengthen the harm imposed on individuals whose licenses have been suspended. Nevertheless, a brief stay, while the Sixth Circuit determines whether to grant a full stay pending appeal, would constitute a considerably lesser injury than the longer stay that the Commissioner seeks. The court, accordingly, will grant the Commissioner’s motion, insofar as he seeks a stay to allow time for the Sixth Circuit to consider an equivalent motion at the circuit level.
3 See U.S. Const. amend. XIV § 1. 4 See U.S. Const. amend. V, cl. 5. 5 See U.S. Const. amend. VI.
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B. Ambiguity of Order Every order granting an injunction must “state its terms specifically” and “describe in
reasonable detail . . . the act or acts restrained or required.” Fed. R. Civ. P. 65(d)(1). “These prerequisites are designed to protect those who are enjoined by informing them of what they are called upon to do or refrain from doing in order to comply with the injunction or restraining order.” 11A Charles Alan Wright, et al., Federal Practice & Procedure § 2955 (2d ed.). The Commissioner argues that one aspect of the court’s order is ambiguous: its requirement that TDSHS, in certain situations, “[w]aive all reinstatement fees and other reinstatement requirements related to the suspension of any driver’s license for failure to pay fines, costs, or litigation taxes related to traffic violations.” TDSHS argues that “other reinstatement requirements” is ambiguous because the court has not enumerated every reinstatement requirement that must be waived.
The Commissioner—who is presumably aware of what his agency requires—has identified three types of requirements with regard to which the order is allegedly ambiguous:
1. Ordinary requirements related to the issuance of a new noncommercial license for a driver whose license would have expired during the period of his suspension (Docket No. 230 at 3; Docket No. 187-1 ¶ 39);
2. Additional proof of citizenship and medical certifications required for reissuance of a commercial license that would have expired during the period of the driver’s suspension (Docket No. 230 at 4; Docket No. 187-1 ¶ 39); and
3. Fees imposed on drivers who did not surrender their physical licenses at the time of their allegedly unlawful suspensions (Docket No. 230 at 4; Docket No. 187-1 ¶ 38).
Each of these examples of alleged ambiguity, however, would seem to be resolved by the text of the preliminary injunction itself. The Commissioner is only required to waive requirements
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“related to the suspension of any driver’s license for failure to pay fines, costs, or litigation taxes related to traffic violations pursuant to Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I).” Requirements that have accrued to a driver merely due to the passage of time, rather than as a result of his suspension, are plainly not “related to the suspension.” A penalty imposed pursuant to administrative requirements ancillary to an allegedly unlawful suspension, in contrast, is related to the suspension. Insofar as the preliminary injunction was ambiguous in those regards, the court will amend the preliminary injunction to resolve those ambiguities below.
CONCLUSION For the foregoing reasons, the Commissioner’s Motion for Partial Stay Pending Appeal (Docket No. 229) is hereby GRANTED in part and DENIED in part. The October 18, 2018 Order is hereby AMENDED to include the following language: The phrase “reinstatement requirements related to the suspension of a driver’s license” (1) shall be read to include fees or penalties imposed for failure to surrender the driver’s license at the time of the relevant suspension and (2) shall not be read to include any requirements or fees that are associated solely with the required renewal of a driver’s license that would have expired during the period of the applicant’s suspension. Paragraphs 2 and 3 of the court’s October 18, 2018 Order (Docket No. 223) are hereby STAYED until either (1) a ruling by the Sixth Circuit Court of Appeals on a timely and promptly filed Fed. R. App. P. 8(a) motion requesting a stay of this court’s preliminary injunction order or (2) notification from the Commissioner that he has elected not to seek such relief in the Sixth Circuit. The Commissioner shall promptly inform the court if such a decision is made. IT IS SO ORDERED. ENTER this 5th day of November 2018.
______________________________ ALETA A. TRAUGER United States District Judge
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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED ROBINSON; ASHLEY

)

SPRAGUE; JOHNNY GIBBS;

)

and BRIANNA BOOHER, on behalf

)

of themselves and all others similarly

)

situated,

)

)

Plaintiffs,

)

)

v.

)

)

DAVID W. PURKEY, Commissioner

)

of the Tennessee Department of Safety

)

and Homeland Security, in his official

)

capacity; DEBBIE MOSS, Circuit Court )

Clerk of Wilson County, Tennessee, in her )

official capacity; MELISSA HARRELL, )

Circuit Court Clerk of Rutherford County, )

Tennessee, in her official capacity; COREY )

LINVILLE, Court Clerk of the Municipal )

Court of Lebanon, Tennessee, in his

)

official capacity; SUSAN GASKILL,

)

Court Clerk of Mt. Juliet, Tennessee, in )

her official capacity; WILSON COUNTY, )

TENNESSEE; RUTHERFORD COUNTY, )

TENNESSEE; LEBANON, TENNESSEE; )

and MT. JULIET, TENNESSEE,

)

)

Defendants.

)

Case No. 3:17-cv-01263 Judge Aleta A. Trauger

MEMORANDUM

Fred Robinson, Ashley Sprague, and Johnny Gibbs have filed a Motion to Certify Class

(Docket No. 13) and a Motion for Preliminary Injunction (Docket No. 25). Susan Gaskill, Corey

Linville, and the cities of Lebanon and Mt. Juliet, Tennessee, (“City Defendants”) have filed a

Motion to Dismiss (Docket No. 118), as have Melissa Harrell, Debby Moss, and Rutherford and

Wilson Counties, Tennessee, (“County Defendants”) (Docket No. 121). David W. Purkey, the

Commissioner of the Tennessee Department of Safety and Homeland Security (“TDSHS”), has 1

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filed a Motion to Dismiss Plaintiffs Robinson, Sprague, and Gibbs (Docket No. 128) and a separate Motion to Dismiss Plaintiff Brianna Booher (Docket No. 131), a later-added plaintiff. For the reasons set forth herein, the City and County Defendants’ motions will be granted in part and denied in part, Purkey’s motion regarding Booher will be denied, Purkey’s motion regarding the other plaintiffs will be granted in part and denied in part, and the plaintiffs’ class certification motion will be granted in part and denied without prejudice, in part, as moot. The court will set an evidentiary hearing regarding the plaintiffs’ motion for preliminary injunction.
I. BACKGROUND AND PROCEDURAL HISTORY1 A. Driving in Tennessee
The State of Tennessee generally prohibits drivers from using its streets and highways without a driver’s license. Tenn. Code Ann. § 55-50-301(a)(1). An applicant for a Tennessee driver’s license must furnish certain required information and submit to an examination, including “an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.” Tenn. Code Ann. §§ 55-50-321, 55-50-322(a)(1)(A). Upon fulfilling the necessary requirements, a qualifying applicant will be granted a Tennessee driver’s license.
A license to drive, though, is not a license to drive however one wants. A driver has an ongoing obligation to comply with Tennessee’s traffic laws—the violation of which, generally speaking, amounts to at least a Class C misdemeanor. Tenn. Code Ann. § 55-8-103. For example:
• “[I]t is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of [Tennessee] in excess of sixty-five miles per hour,”
1 Unless otherwise noted, the facts, as alleged in the Corrected Amended Complaint (Docket No. 111), are taken as true for purposes of the Motions to Dismiss.
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with an exception for certain designated “controlled-access highways with four (4) or more lanes,” where it is lawful to drive up to seventy miles per hour. Tenn. Code Ann. § 55-8-152(a), (c). • A driver who comes to a crosswalk that is not governed by a traffic-control signal “shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” Tenn. Code Ann. § 55-8-134(a)(1). • “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” Tenn. Code Ann. § 55-8-124(a). The list goes on. Many, if not most, of the ordinary rules of the road that Tennesseans follow are not just good ideas or accepted customs, but codified entries into the state’s criminal statutes. In addition to the state’s criminal prohibition of those impermissible driving practices, local governments often set forth their own traffic laws that overlap significantly with the state’s. See, e.g., Mt. Juliet, Tenn., Code, ch. 2, art. VI § 2-154; Lebanon, Tenn., Code, tit. 15, ch. 1 § 15120. “[P]roceedings for a municipal ordinance violation are civil in nature, at least in terms of technical application of procedure . . . .” City of Chattanooga v. Davis, 54 S.W.3d 248, 259 (Tenn. 2001). Nevertheless, Tennessee courts have observed that such ordinances reflect a “clear intent . . . to punish the [violator] and to deter similar conduct in the future” that is akin to the concerns animating the state’s criminal traffic laws. City of Knoxville v. Brown, 284 S.W.3d 330, 338 (Tenn. Ct. App. 2008).
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B. Traffic Violations and the Accumulation of “Traffic Debt” Not every violation of a traffic law, of course, results in an enforcement action. Indeed, it
does not go beyond the bounds of ordinary judicial notice to observe that some prohibitions, such as the laws against speeding or following too closely, are violated routinely on the state’s roads by ordinary drivers and that, often, those drivers simply go on with the rest of their day without facing any legal consequences for their violations. Sometimes, though, a violation does result in enforcement—often, because the violation was witnessed by a law enforcement officer who elected to perform a traffic stop. Between 2011 and 2015, there were nearly two million traffic stops in the Nashville metropolitan area alone—about 786 per 1,000 driving-aged residents.2 (Docket No. 111 ¶ 104.e.) The plaintiffs estimate that, in Wilson and Rutherford Counties, there are about 400 traffic stops per 1,000 driving-aged residents per year. (Id. ¶ 104.f.)
Prosecution of a traffic violation typically begins with “a written citation or an electronic citation prepared by a law enforcement officer on paper or on an electronic data device with the intent the citation shall be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense.” Tenn. Code Ann. § 55-10-207(a). “The traffic citation . . . demand[s] the person cited to appear in court at a stated time and . . . state[s] the name and address of the person cited, the name of the issuing officer, and the offense charged.” Tenn. Code Ann. § 5510-207(c)(1). A driver may choose to simply concede the violation and pay any related fines and costs before the scheduled court date. Tenn. Code Ann. § 55-10-207(f). Otherwise, a driver must appear in court to either contest or concede the violation. Tenn. Code Ann. § 55-10-207(g).
If the driver is convicted of the traffic offense for which she was cited, she may face a number of consequences. See, e.g., Metro. Gov’t of Nashville & Davidson Cty. v. McClard, No.
2 Of course, some of those stops were presumably of non-residents, and some individual drivers presumably account for more than one stop each.
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01A01-9312-CV-00543, 1994 WL 665214, at *1 (Tenn. Ct. App. Nov. 23, 1994) (discussing driver, cited and found guilty of speeding, ordered into the state’s Driver Improvement Program); see also Tenn. Code Ann. §§ 55-10-601 to -618 (Motor Vehicle Habitual Offenders Act); Tenn. Comp. R. & Regs. 1340-01-04-.02 (discussing TDSHS’s “driver point system . . . designed to identify those drivers whose records reflect a continuous disrespect for traffic laws, and a disregard for the safety of other persons on the highways” using a system of “point value[s] . . . assessed for each accident and moving violation conviction”). As relevant to this case, a driver found guilty of a traffic violation may find herself obligated to pay not only the fine associated with her violation, but a substantial additional amount consisting of costs and litigation taxes. The plaintiffs refer to these combined financial liabilities as “traffic debt,” a nomenclature the court will adopt for ease of discussion.
1. Fines Generally speaking, a Class C misdemeanor is punishable by “not greater than thirty (30) days [imprisonment] or a fine not to exceed fifty dollars ($50.00), or both.” Tenn. Code Ann. § 40-35-111(e)(3). Some traffic violations, however, may result in higher fines. See. e.g., Tenn. Code Ann. § 55-12-139(c)(2) (imposing fine of up to $300 based on driver’s violation of driver financial responsibility statute). Fines based on the defendant’s violation of municipal ordinances covering the same conduct may add to the driver’s liability. See, e.g., Lebanon, Tenn., Code. tit. 15, ch. 1 § 15-128(4) (imposing civil municipal fine of $50 for financial responsibility violation “in addition to any other penalty prescribed by the laws of this state.”). “[T]he defendant’s ability to pay the fine is a factor in the establishment of the fine,” but “it is not a controlling factor.” State v. Butler, 108 S.W.3d 845, 854 (Tenn. 2003) (citing Tenn. Code Ann. § 40-35-207(a)(7)).
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The court imposing a fine is permitted to choose from a number of options regarding the timeline for payment:
When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows: (1) That the defendant pay the entire amount at the time sentence is
pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or installments at
designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or (4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence. Tenn. Code Ann. § 40-24-101(a). A court that imposes a fine retains jurisdiction and is empowered to release the fine, in whole or in part, “for good cause.” Tenn. Code Ann. § 40-24102; see also Tenn. Code Ann. § 40-24-104(a) (permitting court to waive all or portion of fine or revise payment schedule based on defendant’s inability to pay).
2. Assessed Costs Tennessee requires that, generally speaking, “[a] defendant convicted of a criminal offense shall pay all the costs that have accrued in the cause.” Tenn. Code Ann. § 40-25-123(a). “Costs” are defined to include “all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer,” Tenn. Code Ann. § 40-25-133, as well as “all costs incident to the arrest and safekeeping of the defendant, before and after conviction, due and incident to the prosecution and conviction, and incident to the carrying of the judgment or sentence of the court into effect,” Tenn. Code Ann. § 40-25-104. With regard to
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municipal violations, Tennessee law allows court costs to be set by ordinance. See Tenn. Code Ann. § 16-18-304.
“[T]he presiding judge of a court of general sessions may suspend the court costs . . . for any indigent criminal defendant, as in the presiding judge’s opinion the equities of the case require.” Tenn. Code Ann. § 40-25-123. If costs were assessed for a civil violation in a municipal court, then the defendant may appeal de novo to circuit court, where “the presiding judge shall be authorized, in the presiding judge’s discretion, to apportion the cost . . . as in the presiding judge’s opinion the equities of the case demand.” Tenn. Code Ann. § 20-12-119(b). The Tennessee Supreme Court has held that, regardless of whether a defendant is indigent, “the decision of whether to grant a waiver of costs still rests within the court’s discretion.” State v. Black, 897 S.W.2d 680, 684 (Tenn. 1995); see also Waters v. Ray, No. M2008-02086-COA-R3CV, 2009 WL 5173718, at *5 (Tenn. Ct. App. Dec. 29, 2009) (endorsing holding of Black).
3. Litigation Tax Tennessee’s constitution grants the General Assembly a number of specific powers of taxation, including the “power to tax . . . privileges.” Tenn. Const. art. II, § 28. Pursuant to that power, the state levies “privilege tax[es] on litigation” in various amounts, depending on the type of case at issue. Tenn. Code Ann. § 67-4-602. For example, “[t]here is levied a privilege tax on litigation of seventeen dollars and seventy-five cents ($17.75) in all civil cases in this state in general sessions court, when not exercising state court jurisdiction,” and a “a privilege tax on litigation of thirteen dollars and seventy-five cents ($13.75) in all civil cases in this state in the court of appeals or the supreme court.” Tenn. Code Ann. § 67-4-602(c), (d). In criminal cases, “[t]here is levied a privilege tax on litigation instituted in this state, of twenty-nine dollars and
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fifty cents ($29.50) on all criminal charges, upon conviction or by order.” Tenn. Code Ann. § 674-602(a).
Just as the amount of the tax varies between different types of cases, so too does the issue of when the litigation tax becomes due. See, e.g., Tenn. Code Ann. § 67-4-603(a)(1) (directing the clerk to collect tax “[u]pon the commencement of an original civil action, from the plaintiff, except when such action is brought pursuant to a pauper’s oath”); (a)(3) (directing the clerk to collect tax “[u]pon the filing in any civil action of an appeal, or of an appeal in the nature of a writ of error or certiorari, from one court to another, from the appellant, except when such appeal is brought pursuant to a pauper’s oath”). In a criminal case, the tax is due “[u]pon a finding of guilt, plea of guilty, or submission to fine in a criminal action from the defendant.” Tenn. Code Ann. § 67-4-603(a)(2).
The collection of litigation taxes is delegated to “[t]he clerks of the various courts” in which litigation takes place. Tenn. Code Ann. § 67-4-603(a). The clerk then has an obligation to remit the state litigation tax to Tennessee’s department of revenue. If the clerk fails to transmit the tax collected, the amount improperly withheld “shall be a debt of the clerk.” Tenn. Code Ann. § 67-4-605(a)(1).
Counties and municipalities are also given authority to levy certain “local litigation tax[es]” devoted to specific, statutorily defined purposes, including building or upgrading the jails and workhouses, Tenn. Code Ann. § 67-4-601(b)(1); purchasing and maintaining hardware and software related to record keeping, Tenn. Code Ann. § 67-4-601(b)(7)(B); providing security to courthouses, Tenn. Code Ann. § 67-4-601(b)(6); and “substance abuse prevention purposes,” Tenn. Code Ann. § 67-4-601(h).
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Tennessee’s statutes appear to acknowledge that it is within a judge’s power to waive litigation tax, although they also suggest that doing so improperly could result in judicial discipline. See Tenn. Code Ann. § 67-4-605(c). C. Mechanisms for Recouping Traffic Debt
If an individual fails to pay her traffic debt, the clerk’s office charged with collecting the debt has a number of options. “[A] fine may be collected in the same manner as a judgment in a civil action.” Tenn. Code Ann. § 40-24-105(a). The same is true for costs and litigation taxes: “The district attorney general or the county or municipal attorney, as applicable, may, in that person’s discretion, and shall, upon order of the court, institute proceedings to collect the fine, costs and litigation taxes as a civil judgment.” Tenn. Code Ann. § 40-24-105(c). The tools available for collection of a judgment—and, therefore, for collection of traffic debt—include garnishment of wages or other sources of income (Tenn. R. Civ. P. 69.05), execution on realty (Tenn. R. Civ. P. 69.07), and execution on personalty (Tenn. R. Civ. P. 69.06). See also Tenn. Op. Att’y Gen. No. 06-135 (Aug. 21, 2006) (discussing application of Rule 69 collection mechanisms in criminal cases).
A clerk’s office, moreover, is not forced to rely purely on its own personnel to effect collection. “After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes.” Tenn. Code Ann. § 40-24-105(d)(1). Similarly, “[t]he governing body of any municipality may by ordinance authorize the employment of a collection agency to collect fines and costs assessed by the municipal court where the fines and costs have not been collected within sixty (60) days after they were due.” Tenn. Code Ann. § 40-24-
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105(e)(1). A municipal court also “may authorize the chief of police to collect and receipt for fines and costs.” Tenn. Code Ann. § 6-21-507(b).
If traditional collection methods are insufficient, more coercive options are available against defendants who are capable of paying but refuse to, in particular with regard to fines. The court that imposes a fine also has the option of holding a person who has failed to pay in “contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay.” Tenn. Code Ann. § 40-24-105(a). D. Permissive Suspension of a Driver’s License for Nonpayment of Traffic Debt
The plaintiffs do not challenge the fact that traffic debt was assessed against them or that the relevant clerks’ offices can resort to the ordinary tools of collection to recoup that debt. They challenge one specific consequence of nonpayment: TDSHS’s suspension of a driver’s license when it receives a notice of nonpayment of traffic debt from a clerk’s office. See Tenn. Code Ann. § 55-50-502(a)(1), (a)(1)(H)–(I). TDSHS “is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee,” inter alia, “[h]as been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense” or “[h]as failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic.”3 Tenn. Code Ann. § 55-50-502(a)(1), (a)(1)(H)–(I). The parties agree that the “driving offense[s]” mentioned in Tenn. Code Ann. § 55-50-502 (a)(1)(H) include violations of both state and local driving laws.
3 Notably, neither Tenn. Code Ann. § 55-50-502 (a)(1)(H) or (I) makes any mention of litigation taxes. It does not appear, then, that TDSHS would have the authority to suspend a license for failure to pay litigation taxes on traffic offenses. Nor is it clear, to the court, why failure to pay litigation taxes would be an obstacle to reinstatement, as long as a driver has paid fines and costs. In any event, the question of whether litigation tax amounts are being included in the total traffic debt that drivers are being required to pay to avoid or defeat suspension is a factual one and not relevant to the disposition of the pending motions.
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Under Tennessee law, county and municipal court clerks are required to report convictions for violations of traffic laws to TDSHS. Tenn. Code. Ann. § 55-10-306(b)(1). The local clerks’ offices are not, however, required to provide TDSHS with any particular information regarding their success—or lack thereof—in securing payment. (Docket No. 111 ¶ 31.) Accordingly, while the power granted to TDSHS under Tenn. Code Ann. § 55-50502(a)(1)(H) and (I) technically arises whenever TDSHS discovers “by its records or other sufficient evidence” that the driver is eligible for suspension, there appears to be no practical or legal reason that TDSHS would have that necessary information without an affirmative decision by local authorities to relay it.
According to the plaintiffs, “most if not all county and municipal court clerks” have adopted a policy and practice of informing TDSHS of a driver’s nonpayment after a certain period of time. (Docket No. 111 ¶ 32.) That notice, the plaintiffs allege, invariably results in a suspension, because, while the language of Tenn. Code Ann. § 55-50-502(a) is, on its face, plainly permissive in nature—giving TDSHS only the authority, but not the duty, to suspend the license of the driver—TDSHS’s practice is “to suspend the license of every person about whom it has received notification of nonpayment of Traffic Debt, unless the Department receives subsequent notification from the clerk that the Traffic Debt has been paid.” (Docket No. 111 ¶ 34.)
TDSHS is required to notify a driver facing suspension in writing “[p]rior to suspending the license.” Tenn. Code Ann. § 55-50-502(a)(1)(I). The driver is then permitted to request “a hearing to show that there is an error in the records received by the department.” Id. That right to a hearing, however, does not contemplate any consideration of a driver’s ability to pay her traffic debt. While Tenn. Code Ann. § 55-50-502(a) does not, by its language, preclude TDSHS from
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declining to suspend the licenses of drivers who are indigent, it has no policy of doing so and no
process for assessing a driver’s indigence. (Docket No. 111 ¶ 34.)
E. Availability of Payment Plans as an Alternative to Suspension
Tennessee law expressly contemplates that a county or municipal court may offer a driver
the option of agreeing to a payment plan that would allow her to retain her license, despite failing
to pay her traffic debt immediately in full:
A person whose license has been suspended, pursuant to subdivision (a)(1)(H) or (a)(1)(I), subject to the approval of the court, may pay any local fines or costs, arising from the convictions or failure to appear in any court, by establishing a payment plan with the local court or the court clerk of the jurisdiction. Notwithstanding § 55-50-303(b)(2), the fines and costs for a conviction of driving while suspended, when the conviction was a result of a suspension pursuant to subdivision (a)(1)(H) or (a)(1)(I), may be included in such payment plan, subject to the approval of the court.
Tenn. Code Ann. § 55-50-502(d)(2). TDSHS is authorized to reinstate the individual’s driving
privileges upon receipt of certification that the payment plan was approved and the driver has
“satisfied all other provisions of law relating to the issuance and restoration of a driver license.”
Tenn. Code Ann. § 55-50-502(d)(3).
Subsection (d), however, does not on its face require a court or clerk’s office to
“approv[e]” payment plans or to “establish[]” a payment plan system.4 Nor does it set forth any
specific situation in which a driver would be entitled to a payment plan or any standard to which
payment plans must adhere. Moreover, the provision of the statute governing the apportionment
4 There does appear to be one exception to Tennessee’s rule that local courts can decide whether or not to offer payment plans. Section 55-50-502(a)(1)(H) requires that pre-suspension installment plans be made available to drivers in “any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census”—in other words, only in Shelby County. See Population, Housing Units, Area, and Density: 2000—State-County/County Equivalent, available at https://factfinder.census.gov/; Population, Housing Units, Area, and Density: 2010—State-County/County Equivalent, available at https://factfinder.census.gov/.
12
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of costs for payment plan administration appears to acknowledge that some counties may participate in the offering of such plans while some counties may not:
Any county that participates in the payment plan authorized by this subsection (d) shall pay to the state any expense required to be paid for state implementation of this subsection (d). The payment shall be divided pro rata among the counties to which this subsection (d) applies. The payment shall be made prior to the implementation by the county of this subsection (d). Tenn. Code Ann. § 55-50-502(d)(6) (emphasis added). For jurisdictions that do offer payment plans, there is no statutory requirement that the plan be calculated to be affordable based on the driver’s economic status. See Tenn. Code Ann. § 55-50-502(d)(3)–(4). F. Consequences of Suspension and Possibility of Reinstatement TDSHS has suspended over 250,000 driver’s licenses for nonpayment of traffic debt since 2012. (Docket No. 111 ¶ 91.) The plaintiffs argue that statistics suggest that suspension rates correlate closely with poverty rates: Across Tennessee, there is a strong, positive, and statistically significant correlation between the number of poor people in a county and the number of suspensions in that county. Controlling for county size, counties with higher poverty rates have significantly more suspensions than do counties with lower poverty rates. (Id. ¶ 94.) Driving on a suspended license is a Class B Misdemeanor, for the first offense, punishable by up to six months in jail, a fine of up to $500, or both. Tenn. Code Ann. §§ 40-35111(e)(2), 55-50-504(a)(1). For the second and subsequent offenses, driving on a suspended license is a Class A Misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both. Tenn. Code Ann. §§ 40-35-111(e)(1), 55-50-504(a)(2). As a result, a person’s conviction for driving on a suspended license may lead to the imposition of additional fines, costs, and litigation taxes.
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The extent of hardship that a particular person will suffer from complying with her license suspension will, of course, vary depending on the person’s resources, needs, and lifestyle. Generally speaking, however, the plaintiffs have identified grounds for concluding that driving in Tennessee is, among other things, often important to obtaining and/or maintaining gainful employment. Specifically, the plaintiffs allege that more than 92% of workers drive to work in a number of identified metropolitan areas, including Memphis, Nashville, Knoxville, Chattanooga, Johnson City, Clarksville, and Jackson. (Docket No. 111 ¶ 96.) The plaintiffs further note that many common professions require a driver’s license because of the associated travel. (Id. ¶ 97.) The public transportation available in the state, the plaintiffs note, is widely insufficient to meet the needs of these workers. (Id. ¶ 98.)
A driver whose license was suspended for nonpayment of traffic debt may seek reinstatement. TDSHS, however, takes the position that it will not reinstate a license suspended for nonpayment of traffic debt unless the debtor “[s]ubmit[s] certification from the court(s) where convicted that all fines and costs have been paid.” (Id. ¶ 79 (quoting TDSHS “Reinstate Requirements document.”).) The driver must also pay certain applicable reinstatement fees. Such fees vary, based on the particulars of the individual suspension, and TDSHS regulations permit individuals with reinstatement fees over $200 to enter into payment plans. Those plans, however, require a $200 down payment along with a $25 processing fee and minimum quarterly payments of $300. Tenn. Comp. R. & Regs. 1340-02-05-.02, -.04, -.10. G. Loss of Driving Privileges on Other Grounds
As a practical matter, Tennessee’s system of suspending driver’s licenses for nonpayment of traffic debt often overlaps with, or functions alongside, other aspects of the state’s traffic laws, including, at times, other grounds for rescinding an individual’s driving privileges. A few of
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those other grounds are particularly relevant to this case, either because they illustrate the broader structure in which TDSHS’s permissive suspensions operate or because the application or non-application of those grounds to the individual plaintiffs is relevant to the issues raised by the defendants.
1. Mandatory Revocation/Court-Ordered Loss of Driving Privileges for Conviction of Offenses Particularly Indicative of a Threat to Public Safety The Tennessee General Assembly has determined that convictions of certain offenses— particularly those reflecting a serious threat to public safety—warrant an automatic, mandatory loss of one’s driving privileges. See Tenn. Code Ann. § 55-50-501. For example, “Tennessee Code Annotated sections 39–13–213(c) and 55–50–501(a)(3) require the revocation of a defendant’s license when the defendant has been convicted of vehicular homicide.” State v. Claffey, No. W2016-00356-CCA-R3-CD, 2016 WL 7239018, at *8 n.6 (Tenn. Crim. App. Dec. 14, 2016). The same is true for any person convicted of “[f]ailure to stop and render aid as required under the laws of [Tennessee] in the event of a motor vehicle accident resulting in the death or personal injury of another,” Tenn. Code Ann. § 55-50-501(a)(4), or any person convicted of reckless driving twice within the same twelve months, Tenn. Code Ann. § 55-50501(a)(6). Indeed, revocation is mandated upon the TDSHS’s receipt of notice of “[a]ny felony in the commission of which a motor vehicle is used.” Tenn. Code Ann. § 55-50-501(a)(3). If an individual is convicted of DUI, the convicting court “shall prohibit [her] from driving a vehicle in [Tennessee] for” a period of increasing length for each conviction—one year for the first offense, two for the second, six for the third, and eight for any thereafter. Tenn. Code Ann. § 55-10-404(a)(1). TDSHS also revokes the defendant’s driver’s license based on the DUI conviction. Tenn. Code Ann. § 55-50-501(a)(2).
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2. Mandatory Suspension for Violation of Financial Responsibility Law Tennessee’s “Financial Responsibility Law requires motorists who have been involved in an accident where anyone is killed or injured, or an accident resulting in more than $400 in damage to the property of any one person, to show proof of financial responsibility”—most commonly through proof of insurance. Purkey v. Am. Home Assur. Co., 173 S.W.3d 703, 706 (Tenn. 2005) (citing Tenn. Code Ann. §§ 55–12–105,–139). A driver is also required to show proof of financial responsibility “[a]t the time the driver of a motor vehicle is charged with any violation under [the state’s motor vehicle safety laws or] any other local ordinance regulating traffic.” Tenn. Code Ann. § 55-12-139(b)(1)(A). Violation of the financial responsibility law is a Class C misdemeanor. Am. Home Assur. Co., 173 S.W.3d at 706 (citing § 55–12–139(c)). By statute, the TDSHS “shall suspend the driver license of the person convicted of” a violation of the law “[u]pon receipt by the commissioner of a record of conviction of failing to show evidence of financial responsibility.” Tenn. Code Ann. § 55-12-115(a). A driver seeking reinstatement of a license that was suspended for violation of the Financial Responsibility Law must submit evidence of financial responsibility, in addition to paying required fees. Tenn. Code Ann. § 55-12-115(b). 3. Mandatory Revocation for Failure to Pay Criminal Fines, Costs, and/or Litigation Tax for Over One Year Since 2011, Tennessee statutes have required the revocation of the driver’s license of anyone who fails to pay fines, costs, and litigation taxes related to a criminal conviction for over a year. Tenn. Code Ann. § 40-24-105(b)(1). “The license shall remain revoked until such time as the person whose license has been revoked provides proof to the commissioner of safety that all litigation taxes, court costs, and fines have been paid.” Id. A person whose license was revoked may apply to the court that imposed the debt for the issuance of a restricted license for the
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purposes of engaging in certain limited activities. Tenn. Code Ann. § 40-24-105(h). The issuance of a restricted license, however, is within the “authority and discretion” of the court. Id. A section 40-24-105(h) license is valid for one year, after which the driver may seek renewal. H. The Plaintiffs’ Suspensions
1. Robinson Fred Robinson is a 32-year-old resident of Murfreesboro, Tennessee. (Docket No. 111 ¶ 112.) Robinson suffers from severe ulcerative colitis and cirrhosis of the liver, as well as severe internal bleeding due to chronic stomach ulcers. (Id.) Robinson’s medical conditions place him in constant pain and have rendered him unable to perform remunerative work. (Id. ¶¶ 112–13.) Robinson has substantial medical expenses, including a regimen of approximately twenty prescription medications, some of which he sometimes forgoes because he cannot afford them. (Id. ¶ 113.) He is treated by a gastroenterologist over thirty miles from his home, whose office he cannot practicably visit without relying on motor vehicle transportation. (Id. ¶ 114.) Robinson’s physician has recommended that Robinson begin consultation for a liver transplant with doctors based in Memphis, approximately 250 miles from his home. (Id. ¶ 115.) Robinson’s sole source of income is a monthly Social Security Disability benefit of $759, which falls significantly short of his living expenses. (Id. ¶ 113.) On June 24, 2016, while driving his sister’s car in Wilson County, Robinson received misdemeanor traffic citations for speeding and failure to provide evidence of financial responsibility at the time of his citation. (Id. ¶ 116.) Those citations threatened to impose a total of $441 in traffic debt, should Robinson fail to successfully contest the charges. (Id.) Robinson’s initial court appearance was scheduled for August 1, 2016, but he did not attend, due, he says, to his ongoing medical conditions. (Id. ¶ 118.) On August 16, 2016, the Wilson County Circuit
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Court Clerk’s Office sent TDSHS notification that Robinson had failed to appear for his court date. (Id. ¶ 119.) The next day, TDSHS sent Robinson a letter informing him that his license would be suspended in thirty days if he did not pay his traffic debt. (Id. ¶ 120.) Consistently with TDSHS’s policy, the letter informed Robinson that he could request a hearing “limited to the issue of whether or not the citation has been satisfied prior to the proposed date of suspension.” (Id. ¶ 121.)
On October 20, 2016, Robinson, represented by counsel, pled guilty, in Wilson County General Sessions Court, to speeding and failing to provide evidence of financial responsibility. (Id. ¶ 123.) The court assessed $441 of traffic debt—$169 for the speeding charge and $272 for the violation of the Financial Responsibility Law. (Id. ¶ 124.) Robinson’s attorney requested, to the Wilson County General Sessions Clerk’s Office, that Robinson be placed on a payment plan. (Id. ¶ 126.) The clerk, however, had, and continues to have, a policy of not allowing payment plans or partial payment through her office. (Id. ¶ 127.)
On October 23, 2016, TDSHS lifted Robinson’s suspension for failure to appear. Shortly thereafter, however, the Wilson County Court Clerk’s office notified TDSHS that Robinson had not paid his traffic debt. (Id. ¶¶ 130–31.) On November 23, 2016, TDSHS suspended Robinson’s license, under Tenn. Code Ann. § 55-12-115, based on his conviction under the Financial Responsibility Law. On December 23, 2016, TDSHS placed an additional suspension on his license for nonpayment of his traffic debt. (Id. ¶¶ 132–33.) In order to lift the traffic debt-related suspension, Robinson would need to pay both the $441 in traffic debt that he owes to the clerk’s office and an additional $323 reinstatement fee. (Id. ¶¶ 136–38.)
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2. Sprague Ashley Sprague is a 26-year-old resident of Lebanon, Tennessee. She is a single mother of five children, one of whom lives with her. Her other four children live with their grandparents, over thirty miles from Sprague’s home, because Sprague cannot afford to care for them. (Id. ¶ 146.) At the time that Sprague received the traffic citations that initially gave rise to her involvement in this case, she was working as a Waffle House server, making $2.13/hour plus tips. (Id. ¶ 150.) Later, after a period of unemployment, Sprague started working at a Speedway service station, where she earned slightly more than she made at Waffle House. (Id. ¶ 155.) Neither job allowed her to meet her ordinary living expenses, nor was she able to maintain either form of employment after, as described below, she lost her lawful ability to drive to and from work. (Id. ¶¶ 150, 155, 182.) Without reliable transportation, Sprague’s only employment option was working for her parents’ cleaning business, from which she was only able to take home $150 per week. (Id. ¶ 183.) Since her license was restored via a temporary restraining order issued in this case, Sprague has been able to find work at another Waffle House location, where her pay— though still limited—exceeds what she was able to make working for her parents. (Id. ¶ 188.) In April 2015, Sprague was issued a civil traffic citation by the City of Mt. Juliet for speeding and failure to provide evidence of financial responsibility. Although the maximum fine for each municipal violation was $50, the total traffic debt arising out of those violations amounted to $477.50. (Id. ¶ 147–49.) In July 2015, the Mt. Juliet Municipal Court Clerk informed TDSHS that Sprague had not paid her traffic debt. (Id. ¶ 151.) In September 2015, TDSHS suspended Sprague’s driver’s license based on that nonpayment. (Id. ¶ 152.) Sprague does not believe that she received any notice of her suspension, despite the fact that she was residing at the address on file with TDSHS. (Id. ¶¶ 153–54.)
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Unaware of her suspension, Sprague continued to drive. In March 2016, Sprague was issued a civil traffic citation by the City of Lebanon in the amount of $224.50 for failure to provide evidence of financial responsibility. The officer who issued the March 2016 citation did not inform Sprague that she was operating on a suspended license or cite her for doing so. (Id. ¶ 156.) In May 2016, Sprague was again issued civil traffic citations by the City of Lebanon, this time for driving with an expired registration, failure to have proof of insurance, and driving on a suspended license. The total amount of these citations was $244. According to Sprague, the May 2016 citation was her first notice that her license had been suspended. (Id. ¶¶ 157.) Altogether, Sprague had accumulated $946 in traffic debt to the Cities of Mt. Juliet and Lebanon by the end of May 2016. (Id. ¶ 158.)
In July 2016, Sprague attempted to pay $80 toward her Lebanon traffic debt but was informed, by the Lebanon Municipal Court Clerk, that the office did not accept partial payment. Accordingly, Sprague would be required to pay her traffic debt in lump sums of nearly $500 each to the relevant jurisdictions. (Id. ¶ 159.) On July 25, 2016, Sprague entered a conditional guilty plea, in Wilson County General Sessions Court, to the charge of driving on a suspended license. (Id. ¶ 160.) By the terms of her plea, Sprague’s charges would be dropped if she could get her license reinstated by her next court date on March 27, 2017. (Id. ¶ 161.)
On August 16 and September 16, 2016, the Lebanon Municipal Court sent notice to TDSHS indicating that Sprague had not paid her traffic debt in Lebanon. (Id. ¶ 162.) TDSHS entered additional suspensions related to those notices on September 15 and October 17, 2016. (Id. ¶ 164.) Sprague has obtained her driver record from TDSHS and claims that it contains no indication that her license has been suspended for violation of the financial responsibility statute; all of the listed suspensions are related to traffic debt. (Id. ¶¶ 164–67.)
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On March 27, 2017, Sprague pled guilty to driving on a suspended license. The Wilson County General Sessions Court gave Sprague until April 3, 2017, to enter into a payment plan with the court’s clerk for the $439.50 in traffic debt related to that charge. Sprague did enter into such a payment plan. She has, in her words, “managed to make minimal payments on this plan.” (Id. ¶¶ 173–74.) The payment plan, however, does not address the $946 that Sprague owes regarding the Mt. Juliet and Lebanon municipal charges. (Id.) In order to have her traffic debt suspensions lifted under TDSHS’s policies, Sprague would have to satisfy the $946 in traffic debt and pay a minimum of $200 (plus a $25 fee) toward a total of $388 in reinstatement fees. (Id. ¶ 178.)
3. Gibbs Johnny Gibbs is a 36-year-old resident of Murfreesboro, Tennessee. (Id. ¶ 193.) When this case was filed, Gibbs was living in a hotel room with his mother, father, and sister. Both of Gibbs’s parents have suffered from significant health problems. (Id. ¶¶ 194–95.) At some point, Gibbs’s mother was hospitalized and—after a brief respite made possible by charitable assistance—the Gibbs family was evicted from the hotel for nonpayment of rent. Lacking any other affordable option, the family began living in a car and tent. (Id. ¶¶ 195–96.) Gibbs and his family struggle to afford the basic necessities of life and have gone entirely without food for as long as two days. (Id. ¶ 197.) In 2016, while riding his bicycle home in the dark following a closing shift he had worked at an Outback Steakhouse, Gibbs was struck by a car, which irreparably damaged the bicycle and left Gibbs injured. (Id. ¶ 214.) Gibbs now works as a day laborer. He is able to find work once or twice a week and typically earns $30 to $40 per day when he does. (Id. ¶ 212.)
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In 1999, Gibbs’s license was suspended, for truancy, until he turned 21 years old. (Id. ¶ 198.) In 2002, while that suspension was still in force, Gibbs received a citation in Rutherford County for driving on a suspended license. That violation resulted in $404.50 in traffic debt, which he was unable to pay due to the limited income he was receiving for part-time construction work. (Id.) After Gibbs turned 21, he attempted to obtain a new driver’s license but was told that he could not do so because his license remained suspended. (Id. ¶ 199.) In 2006, Gibbs received another citation for driving on a suspended license. That citation resulted in $742 in traffic debt. (Id. ¶ 3) Gibbs’stotal traffic debt owed to Rutherford County is now $1,146.50. (Id. ¶ 212.)
In July 2017, Gibbs’s license was revoked, pursuant to Tenn. Code Ann. § 40-24-105(b), for nonpayment of fines, costs, and litigation taxes arising out of criminal charges other than the traffic violations at issue here. (Id. ¶ 205.) Gibbs is challenging the constitutionality of that revocation in Thomas v. Purkey, No. 3:17-cv-00005 (M.D. Tenn.).
4. Booher Brianna Booher is a 21-year-old resident of Bristol, Tennessee. She is a single mother of two children, ages 2 and 4. (Id. ¶ 215.) At the time of the filing of the plaintiffs’ Corrected Amended Complaint, Booher had most recently worked at a call center, where she made $9 per hour. That call center, however, was located about a forty-minute drive from her home, and she was unable to maintain her employment because she could not reliably commute to work. (Id. ¶ 219–22.) She relies on family support for her and her daughters’ basic subsistence. (Id. ¶ 222.) In June 2016, Booher received two citations in Bristol City Court for driving with a broken taillight and speeding. Those citations resulted in traffic debt of $219.50. (Id. ¶¶ 224–25.) In August 2016, she received three citations in Bristol City Court, for failing to wear a seatbelt,
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driving with a broken taillight, and failure to show proof of financial responsibility. Those citations resulted in additional traffic debt of $164.75. (Id. ¶ 227.)
Sometime before the end of 2016, the City of Bristol sent notice of Booher’s nonpayment to TDSHS. On December 31, 2016, TDSHS suspended her license. (Id. ¶¶ 227–29.) On August 3, 2017, Booher was stopped and charged with driving on a suspended license and driving with a broken tail light. She says that this stop was the first time that she learned her license had been suspended. (Id. ¶¶ 231–32.) She went to the Bristol City Clerk’s Office and sought to make a partial payment toward her traffic debt, but the city’s policy was to require payment in full. (Id. ¶¶ 233–34.) In October 2017, Booher was stopped two more times. The first time, she was charged with driving on a suspended license and failure to provide evidence of financial responsibility. The second time, she was charged with driving on a suspended license and speeding. (Id. ¶¶ 235–36.) She does not allege that she has yet accrued traffic debt related to these new charges.
Booher has paid TDSHS a $140 reinstatement fee, for which she borrowed money from her family while under the mistaken belief that paying the reinstatement fee alone would be sufficient to have her driving privileges restored. After paying the fee, however, Booher was still required to satisfy her $384.25 in existing traffic debt before she will be eligible to have her suspension lifted. (Id. ¶¶ 237–39.)
While investigating this case, however, TDSHS discovered that three of the citations against Booher lacked necessary signatures. (Docket No. 132–5 ¶ 4.) Based on that discovery, TDSHS lifted Booher’s suspension and announced that it would return her reinstatement fee. (Id.)
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I. Procedural History On September 13, 2017, Sprague, Gibbs, and Robinson filed the initial Class Action
Complaint in this matter, naming the following defendants: Purkey, in his official capacity as TDSHS Commissioner; Moss, in her official capacity as Circuit Court Clerk of Wilson County; Harrell, in her official capacity as Circuit Court Clerk of Rutherford County; Linville, in his official capacity as Court Clerk of the Municipal Court of Lebanon; Gaskill, in her official capacity as Court Clerk of the City Court of Mt. Juliet; Wilson County; Rutherford County; the City of Lebanon; and the City of Mt. Juliet. (Docket No. 1 at 1.)
On September 19, 2017, the plaintiffs filed a Motion to Certify Class. (Docket No. 13.) They seek certification of a Statewide Class defined as “[a]ll persons whose Tennessee driver’s licenses have been or will be suspended under Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I) for nonpayment of traffic debt and who cannot now and could not at the time of suspension afford to pay such debt.” (Id. at 1.) They also seek the certification of three subclasses:
The Wilson County Subclass. All members of the Statewide Class whose driver’s licenses have been or will be suspended at the instance of Wilson County and/or its Clerks. The Rutherford County Subclass. All members of the Statewide Class whose driver’s licenses have been or will be suspended at the instance of Rutherford County and/or its Clerks. The Multi-Barrier Subclass. All members of the Statewide Class who, as of the date of judgment in this action, also had outstanding driver’s license revocations under Tenn. Code Ann. § 40-24-105(b) for nonpayment of fines, fees, costs and restitution arising from criminal proceedings (“Court Debt”). (Id.) On September 21, 2017, Robinson and Sprague filed a Motion for Temporary Restraining Order (“TRO”), requesting that Purkey immediately be required to restore Robinson and Sprague’s driver’s licenses without payment of traffic debt or reinstatement fees. (Docket
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No. 24.) Gibbs, Robinson, and Sprague also filed a Motion for Preliminary Injunction, requesting, more broadly, that the court: (1) order Purkey to reinstate the driver’s licenses of all persons currently suspended for nonpayment of traffic debt and provide appropriate notice; (2) enjoin Purkey from engaging in further suspensions for nonpayment of traffic debt without an appropriate procedure that would allow the driver to demonstrate her inability to pay, entitling her to be excepted from suspension; and (3) ordering all City and County Defendants to refrain from sending TDSHS notice of nonpayment unless they implement a process by which the relevant debtor can demonstrate her inability to pay, entitling her to be excepted from suspension. (Docket No. 25 at 1–2.)
On September 22, 2017, the court filed an Order noting that, although Robinson and Sprague sought immediate restoration of their driving privileges, their Complaint did not challenge the constitutional validity of their suspensions for violating the Financial Responsibility Law. The court therefore ordered them to file proof that they had come into compliance with the law by obtaining adequate insurance. (Docket No. 38.) On November 26, 2017, they did so, filing proof of insurance for both drivers. (Docket No. 41.)
On October 4, 2017, the court held a hearing on the requested TRO. The next day, the court issued an order granting the TRO and ordering the restoration of Robinson’s and Sprague’s driver’s licenses. (Docket No. 63.) The court originally set a hearing regarding whether the TRO should be converted to a preliminary injunction for October 20, 2017. (Id. at 2.) On October 16, 2017, the parties filed a Joint Motion to Suspend Briefing Deadlines and Continue Hearing Date, in which they informed the court that they had agreed to an extension of the terms of the TRO until such future time that the request for a preliminary injunction could be full addressed. (Docket No. 68.) In that joint motion, the parties stated that they anticipated that a full
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preliminary injunction hearing would be held between January and March 2018. (Id. at 1.) The court granted the motion and suspended deadlines until the parties could submit a joint briefing schedule. (Docket No. 69.) On November 9, the parties submitted a proposed case management order stating that the parties now anticipated a preliminary injunction hearing in April or May 2018. (Docket No. 79 at 10.) An initial case management conference was held on November 13, 2017, after which the court set deadlines for motions to dismiss and responses. (Docket No. 87.) That order did not set a date certain for a preliminary injunction hearing. (Id. at 1.) In accordance with the agreed briefing schedule, the defendants filed a number of potentially dispositive motions. (Docket Nos. 88, 92, 95.) While those motions were pending, however, the plaintiffs filed an Amended Complaint, which, among other things, added Booher as a plaintiff. (Docket No. 109). Shortly thereafter, the plaintiffs filed a Corrected Amended Complaint making minor corrections. (Docket No. 111.)
The Corrected Amended Complaint, like the original Complaint, raises three constitutional challenges to the state’s laws governing suspension of driver’s licenses for nonpayment of traffic debt pursuant to 42 U.S.C. § 1983:
1. Count I alleges that the defendants’ effecting and continuing the suspension of people’s driver’s licenses for nonpayment of traffic debt without any inquiry into, or consideration of, the license holder’s ability to pay violates the right to fundamental fairness guaranteed by the Fourteenth Amendment (Id. ¶ 248);
2. Count II alleges that the defendants’ effecting the suspension of driver’s licenses with no notice or insufficient notice and no right to an ability-to-pay hearing violates the right to procedural fairness guaranteed by the Fourteenth Amendment (Id. ¶¶ 249– 50); and
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3. Count III alleges that the defendants’ effecting and continuing the suspension of driver’s licenses from indigent people who owe traffic debt to the state and its counties and municipalities, but not imposing similar sanctions on other judgment debtors, violates the right to equal protection under law guaranteed by the Fourteenth Amendment (Id. ¶ 251).
The plaintiffs seek declaratory and injunctive relief that would make permanent terms largely mirroring those requested in their request for preliminary injunction, as well as costs and reasonable attorneys’ fees. (Id. at 44–45.)
In light of the original Complaint’s allegations being superseded, the court denied the then-pending motions to dismiss as moot. (Docket No. 112.) That order, however, did not address the pending class certification and preliminary injunction motions. (Id.) On January 12, 2018, the City and County Defendants filed renewed Motions to Dismiss. (Docket Nos. 118, 121.) On January 16, 2018, Purkey filed a Motion to Dismiss directed at the claims of Robinson, Sprague, and Gibbs (Docket No. 128) and a separate Motion to Dismiss directed at Booher (Docket No. 131).
II. LEGAL STANDARD A. Rule 12(b)(1)
“Rule 12(b)(1) motions to dismiss . . . generally come in two varieties: a facial attack or a factual attack.” Gentek Bldg. Prods., Inc. v. Sherwin-Williams Co., 491 F.3d 320, 330 (6th Cir. 2007) (citing Ohio Nat’l Life Ins. Co. v. United States, 922 F.2d 320, 325 (6th Cir. 1990)). When a Rule 12(b)(1) motion contests subject matter jurisdiction factually, the court must weigh the evidence in order to determine whether it has the power to hear the case, without presuming the challenged allegations in the complaint to be true. Id.; DLX, Inc. v. Kentucky, 381 F.3d 511, 516
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(6th Cir. 2004). When the facts are disputed in this way, “[t]he district court has broad discretion to consider affidavits, documents outside the complaint, and to even conduct a limited evidentiary hearing if necessary,” without converting the motion into one for summary judgment. Cooley v. United States, 791 F. Supp. 1294, 1298 (E.D. Tenn. 1992), aff’d sub nom. Myers v. United States, 17 F.3d 890 (6th Cir. 1994); see also Gentek, 491 F.3d at 330. It is then the plaintiff’s burden to show that jurisdiction is appropriate. DLX, 381 F.3d at 516. If a Rule 12(b)(1) motion challenges subject matter jurisdiction based on the face of the complaint, to the contrary, the plaintiff’s burden is “not onerous,” and the plaintiff need only demonstrate that the complaint alleges a “substantial” federal claim, meaning that prior decisions do not inescapably render the claim frivolous. Musson Theatrical Inc. v. Fed. Express Corp., 89 F.3d 1244, 1248 (6th Cir. 1996). A court evaluating this sort of facial attack to the assertion of subject matter jurisdiction must consider the allegations of fact in the complaint to be true. Gentek, 491 F.3d at 330. Thus, “the plaintiff can survive the motion by showing any arguable basis in law for the claim made.” Musson Theatrical, 89 F.3d at 1248. B. Rule 12(b)(6)
In deciding a motion to dismiss for failure to state a claim under Rule 12(b)(6), the court will “construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff.” Directv, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir. 2007); Inge v. Rock Fin. Corp., 281 F.3d 613, 619 (6th Cir. 2002). The Federal Rules of Civil Procedure require only that a plaintiff provide “a short and plain statement of the claim that will give the defendant fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47 (1957). The court must determine only whether “the claimant is entitled to offer evidence to support the claims,” not
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whether the plaintiff can ultimately prove the facts alleged. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511 (2002) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)).
The complaint’s allegations, however, “must be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). To establish the “facial plausibility” required to “unlock the doors of discovery,” the plaintiff cannot rely on “legal conclusions” or “[t]hreadbare recitals of the elements of a cause of action,” but, instead, the plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). “[O]nly a complaint that states a plausible claim for relief survives a motion to dismiss.” Id. at 679; Twombly, 550 U.S. at 556.
III. PROCEDURAL ISSUES A. Standing to Challenge Tenn. Code Ann. § 55-50-502(a)(1)(H)
Each of the defendants argues that some or all of the plaintiffs’ claims should be dismissed for lack of standing. Article III of the Constitution gives the federal courts jurisdiction only over “cases and controversies,” of which the component of standing is an “essential and unchanging part.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992); see also Warth v. Seldin, 422 U.S. 490, 498 (1975). A party seeking to invoke the court’s jurisdiction must establish the necessary standing to sue before the court may consider the merits of that party’s cause of action. Whitmore v. Arkansas, 495 U.S. 149, 154 (1990). A plaintiff is required to show standing to sue at each stage in the litigation. Lujan, 504 U.S. at 561–62. To establish standing under the Constitution, a plaintiff must show that: (1) he has suffered an “injury in fact” that is (a) concrete and particularized; and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as
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opposed to merely speculative, that the injury will be redressed by the relief requested. Gaylor v. Hamilton Crossing CMBS, 582 F. App’x 576, 579–80 (6th Cir. 2014) (citing Lujan, 504 U.S. at 560–61); see also Friends of the Earth, Inc. v. Laidlaw Envt’l Servs. (TOC), Inc., 528 U.S. 167, 180–81 (2000). These mandatory minimum constitutional requirements—commonly known as (1) injury-in-fact, (2) causation, and (3) redressability—apply in every case.
1. Injury-in-Fact The defendants do not dispute that a person’s loss of her driving privileges constitutes a concrete and particularized injury-in-fact, and the defendants’ standing arguments, therefore, mostly skip ahead to issues of causation and redressability. That seeming concession allows the defendants to frame the latter two standing elements narrowly, looking only to whether the plaintiffs’ suspensions are the sole reason they lack driver’s licenses and whether lifting the suspensions would result in the plaintiffs’ immediately getting their driving privileges back. Those arguments, though, assume that the defendants have defined the plaintiffs’ injuries-in-fact correctly. The “elements of standing” are “interlocking and related.” Sprint Commc’ns Co., L.P. v. APCC Servs., Inc., 554 U.S. 269, 302 (2008) (Roberts, C.J., dissenting). Precisely defining injury-in-fact is especially important, because causation and redressability both hinge on an analysis of that predicate injury-in-fact—in particular how it was caused and whether it can be redressed: [I]n order to have Article III standing, a plaintiff must adequately establish: (1) an injury in fact (i.e., a concrete and particularized invasion of a legally protected interest); (2) causation (i.e., a fairly . . . trace[able] connection between the alleged injury in fact and the alleged conduct of the defendant); and (3) redressability (i.e., it is likely and not merely speculative that the plaintiff’s injury will be remedied by the relief plaintiff seeks in bringing suit). APCC Servs. 554 U.S. at 273–74 (emphasis added) (internal quotation marks & citations omitted).
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As the defendants point out, Robinson, Sprague, and Gibbs all face (or, at the time of filing, faced) additional obstacles to their having their driving privileges restored, over and above TDSHS’s permissive suspension of their licenses for nonpayment. For example, both Robinson and Sprague had, at the time the initial Complaint was filed, committed violations of the Financial Responsibility Law that provided independent grounds for suspension pursuant to Tenn. Code Ann. § 55-12-115(b). Gibbs, as the plaintiffs have consistently admitted, has also had his license revoked pursuant to Tenn. Code Ann. § 40-24-105(b)(1). The question, therefore, inevitably arises: Does a driver on whom a suspension is imposed suffer a cognizable injury-infact by dint of the suspension itself, even if TDSHS has also imposed other, separate suspensions and/or revocations that pose additional obstacles to the full restoration of her driving privileges?
The answer, under the clear precedents of the Supreme Court and the Sixth Circuit, is yes. A plaintiff who seeks removal of a barrier to obtaining a particular outcome “need not allege that he would have obtained the benefit but for the barrier in order to establish standing.” Lac Vieux Desert Band of Lake Superior Chippewa Indians v. Michigan Gaming Control Bd., 172 F.3d 397, 404 (6th Cir. 1999) (quoting Associated Gen. Contractors of Am. v. City of Jacksonville, 508 U.S. 656, 666 (1993)). Insofar as that principle was ever in doubt, the Supreme Court resolved the question in Regents of University of California v. Bakke, 438 U.S. 265 (1978), where it held that a plaintiff challenging a school’s admissions policy establishes an adequate injury-in-fact simply by alleging that she was denied the opportunity to “compete for” a spot in the incoming class. Id. at 281 n.14; see also Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 718–19 (2007) (finding injury-in-fact based on a plaintiff’s “being forced to compete in a . . . system that may prejudice the plaintiff,” regardless of the outcome of that competition). The question of whether the Bakke plaintiff was actually entitled to admission, the
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Court explained, was “merely one of relief.” Id. By the same token, a driver seeking to be released from a suspension for nonpayment alleges an injury in the form of the denial of the opportunity to establish her right to drive by meeting all of the other necessary requirements. Whether she has met all of those other requirements at any particular moment is a question of relief—i.e., whether she is entitled to immediate restoration of her license—not whether she was injured. As long as a driver can get her license back by jumping through the right hoops, she can be injured by the government’s adding hoops or raising them higher.
The injury imposed by a cumulative suspension becomes even clearer when one considers the issue from a practical perspective. Sometimes the injury-in-fact inquiry requires the court to venture into the realm of abstraction, to consider whether certain “intangible injuries” can nevertheless be sufficiently “concrete” to give rise to standing. Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016). But there is nothing abstract or difficult to grasp about how much a person has to pay to get her driver’s license back. When TDSHS imposes a suspension for nonpayment of traffic debt on a driver who has a preexisting suspension or revocation, TDSHS is, in effect, adding to the price of reinstatement. For example, a person facing only a suspension based on her lack of insurance can get her license back by spending however much the insurance costs, plus any legally permissible reinstatement fees. A person facing the same financial responsibility suspension, but also facing a suspension based on her nonpayment of $900 in traffic debt, will have to pay the same amount as the first hypothetical reinstatement applicant— plus more than $900. It can hardly be argued that having to pay an extra several hundred dollars for something is not really an injury. Quite to the contrary—establishing “[a]n economic injury which is traceable to the challenged action” is one of the surest and simplest routes to establishing an injury-in-fact. Nat’l Rifle Ass’n of Am. v. Magaw, 132 F.3d 272, 282 (6th Cir.
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1997) (quoting Linton by Arnold v. Comm’r of Health & Env’t, State of Tenn., 973 F.2d 1311, 1316 (6th Cir. 1992)).
The court, accordingly, will consider the issues of causation and redressability based on the premise that the plaintiffs’ concrete and particularized injuries-in-fact include not only the simple fact of not having a driver’s license, but also the particular barriers placed between the plaintiffs and reinstatement.
2. Causation The defendants argue that the plaintiffs’ injuries are not fairly traceable to the defendants’ respective actions under the state’s suspension scheme. Purkey’s argument to that effect, however, is premised on a too-narrow conception of plaintiffs’ injuries. Purkey suggests that the plaintiffs’ injuries are not fairly traceable to their suspensions under Tenn. Code Ann. § 55-50502(a)(1)(H) because the plaintiffs face or faced other, additional grounds for suspension and/or revocation. But the plaintiffs’ injuries, as the court has explained, include the specific barriers created by their Tenn. Code Ann. § 55-50-502(a)(1)(H) suspensions, regardless of whether they also face other cumulative barriers to full reinstatement. The question of causation with regard to the City and County Defendants is more complicated. “[T]he Department of Safety, not the trial court has the authority to revoke”—or suspend—”a defendant’s driver’s license.” State v. Teasley, No. No. M2014-00507-CCA-R3CD, 2015 WL 395668, at *3 (Tenn. Crim. App. Jan. 30, 2015). Moreover, unlike some other types of suspension or revocation, a suspension for nonpayment of traffic debt under Tenn. Code Ann. § 55-50-502(a)(1)(H) is not required by statute. The City and County Defendants argue, therefore, that all they do is send truthful and accurate notices of nonpayment to TDSHS, and it
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is only TDSHS’s intervening policy of suspending all qualifying licenses that actually causes the suspensions.
The scheme adopted by the General Assembly in Tenn. Code Ann. § 55-50-502(a)(1)(H), however, envisions that a driver will typically only have her license suspended if TDSHS and local authorities work in concert toward that end. TDSHS’s suspension authority under Tenn. Code Ann. § 55-50-502(a)(1)(H) arises only when the agency comes to know of the driver’s nonpayment “upon a showing by its records or other sufficient evidence.” The statute, though, imposes no duty upon TDSHS to monitor traffic debt and provides no mechanism for TDSHS to have the requisite information other than by the local government’s choosing to relay it. The plaintiffs, moreover, have specifically alleged that the respective clerks’ offices were aware that TDSHS suspends every license about which it receives a notice of nonpayment, and the City and County Defendants have identified no reason for their having transmitted the plaintiffs’ nonpayment information to TDSHS other than in an expectation that the plaintiffs’ licenses would be suspended. The City and County Defendants’ respective nonpayment notification policies, therefore, were intentional, foreseeable, but-for causes of the plaintiffs’ suspensions.
The City and County Defendants liken their position to that of a law enforcement officer who relays truthful information to a prosecutor, only to find herself sued for wrongful prosecution based on the prosecutor’s own independent decision to bring charges. But insofar as the law enforcement/prosecutor analogy is apt, it works against the defendants, not in their favor. Indeed, courts in this circuit consider malicious prosecution charges brought against law enforcement routinely, on the premise that an officer may be liable for an eventual prosecution decision if the officer “influence[d] . . . or participate[d] in the decision to prosecute.” Sykes v. Anderson, 625 F.3d 294, 308 (6th Cir. 2010) (quoting Fox v. DeSoto, 489 F.3d 227, 237 (6th Cir.
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2007); citing McKinley v. City of Mansfield, 404 F.3d 418, 444 (6th Cir. 2005); Darrah v. City of Oak Park, 255 F.3d 301, 312 (6th Cir. 2001); Skousen v. Brighton High Sch., 305 F.3d 520, 529 (6th Cir. 2002)). Even if the plaintiff fails to show influence or participation, the result is that the claim fails on the merits—not that the court never had jurisdiction. See, e.g., Halasah v. City of Kirtland, Ohio, 574 F. App’x 624, 631 (6th Cir. 2014) (affirming grant of summary judgment on malicious prosecution claim where officer did not influence or participate in decision to prosecute).
The Sixth Circuit addressed the question of standing to sue one government entity based on its transmittal of information to other government entities in Parsons v. U.S. Department of Justice, 801 F.3d 701 (6th Cir. 2015), concluding that, as long as a sufficient causal link exists to the ultimate injury, the intervening involvement of the agency that received the information does not preclude standing to sue the agency that transmitted it. Id. at 715. In Parsons, the plaintiffs had sued the Department of Justice (“DOJ”) based on the DOJ’s allegedly improper designation of a particular group—namely “Juggalos,” fans of the musical group Insane Clown Posse—as a “loosely-organized hybrid gang.” Id. at 707. That gang designation then led other law enforcement to single out the plaintiffs, who were publicly identifiable as Juggalos or likely Juggalos, for scrutiny. Id. at 707–10. The plaintiffs sued DOJ, and the Sixth Circuit left little doubt that DOJ’s relaying information to another entity may present a sufficient causal nexus to support standing:
In support of its finding that causation is broken by the independent law enforcement officers’ voluntary conduct, the district court noted that the Agencies did not direct the third-party law enforcement entities to stop, detain and question Plaintiffs . . . . But, it is still possible to motivate harmful conduct without giving a direct order to engage in said conduct. The Juggalos allege that the injurious third-party actions were motivated by the DOJ gang designation. In the nebulous land of “fairly traceable,” where causation means more than speculative but less
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than but-for, the allegation that a defendant’s conduct was a motivating factor in the third party’s injurious actions satisfies the requisite standard.
Id. at 714 (citations omitted); see also Lambert v. Hartman, 517 F.3d 433, 437 (6th Cir. 2008) (holding that injury caused by third-party identity thief was fairly traceable to conduct of officials who made her personal information publicly accessible). The causal link held to be adequate in Parsons was considerably more tenuous than the link between the City and County Defendants’ notices of nonpayment and the plaintiffs’ suspensions. Although TDSHS technically has statutory authority not to suspend a person’s license upon receipt of a notice of nonpayment, the plaintiffs have alleged that, in practice, TDSHS simply suspends the driver’s license of every person about whom it receives such a notice. Moreover, the City and County Defendants were aware of that policy when they sent the relevant notices. Accordingly, the City and County Defendants did significantly more than merely “influence” TDSHS’s suspensions; they acted, effectively, as the decision makers, in light of their own understanding of TDSHS’s policies. That relationship is more than sufficiently fairly traceable to support standing.
3. Redressability The defendants’ arguments on redressability largely mirror Purkey’s unavailing argument regarding causation. Specifically, the defendants argue that the declaratory and injunctive relief sought would not redress the plaintiffs’ injuries, because lifting of their nonpayment suspensions alone would not guarantee the return of their driving privileges. A plaintiff, however, “satisfies the redressability requirement when he shows that a favorable decision will relieve a discrete injury to himself. He need not show that a favorable decision will relieve his every injury.” Larson v. Valente, 456 U.S. 228, 243 n.15 (1982) (citing Bakke, 438 U.S. at 281 n.15.) The Supreme Court has held that, even if “[a]n injunction would not . . . guarantee that” a plaintiff
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will achieve her desired final outcome, the injunction will have provided constitutionally sufficient redress if it “removed” a “barrier” to doing so. Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 261 (1977). For example, the Federal Circuit has held that, where an aspiring generic drug manufacturer is blocked from the market by multiple patents and sues to have just one of those patents invalidated, it has pled a redressable injury—even though removal of that one patent, alone, would be insufficient to bring its generic drug to the market. Caraco Pharm. Labs., Ltd. v. Forest Labs., Inc., 527 F.3d 1278, 1293 (Fed. Cir. 2008). By the same reasoning, the plaintiffs’ past or current additional grounds for suspension or revocation, therefore, pose no obstacle to a finding of redressability.
A different analysis might prevail if any of the plaintiffs had become categorically and irrevocably ineligible for obtaining a new driver’s license. For example, if Tennessee law imposed a lifetime revocation on any of the plaintiffs, then defendants might be able to successfully argue that an additional, effectively meaningless suspension did not amount to a redressable injury-in-fact. That plaintiff would face a situation similar to the one addressed by the Sixth Circuit in Heimberger v. School District of the City of Saginaw, 881 F.2d 242, 246 (6th Cir. 1989). In Heimberger, plaintiff students sued their school district, alleging that the district’s policy of subjecting them to lunchtime-only suspensions unlawfully denied them their federally subsidized school lunches. The district, however, responded by changing its policy to replace lunchtime suspensions with full-day suspensions—a policy that, the plaintiffs conceded, did not violate federal school lunch laws. Because the plaintiffs would then face lawful full-day suspensions, a declaration or injunction targeting lunchtime suspensions would have provided them no benefit. The Sixth Circuit, accordingly, found no redressability and no standing. Id. at 246. Heimberger establishes that, when an insurmountable, lawful barrier stands between a
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plaintiff and redress for her injury, there will be no standing. All of the obstacles facing these plaintiffs, however, can be overcome. The removal of a barrier to reinstatement, therefore, redresses an injury, even if other barriers, for the time being, remain. The plaintiffs, therefore, have standing to challenge their suspensions for nonpayment of traffic debt. B. Standing to Challenge Suspensions for Failure to Appear Under Tenn. Code Ann. § 5550-502(a)(1)(I)
The defendants argue next that the plaintiffs have no standing to challenge suspensions made pursuant to Tenn. Code Ann. § 55-50-502(a)(1)(I), because that provision only involves suspending driver’s licenses for failure to appear, not for failure to pay traffic debt. The plaintiffs assert that the defendants’ argument misreads Tenn. Code Ann. § 55-50-502(a)(1)(I), which the plaintiffs construe as covering both failure to appear and nonpayment of traffic debt. The plaintiffs note that that provision’s use of the conjunction “or” creates some ambiguity with regard to its scope. Subsection (I) refers to drivers who have “failed to appear in any court to answer or to satisfy any traffic citation issued for violating any statute regulating traffic.” Id. (emphasis added). It is unclear, from that sentence alone, whether “or” separates “failed to appear” from “failed . . . to satisfy”—in which case subsection (I) does, indeed, cover nonpayment—or whether it separates “appear in any court to answer” from “appear in any court . . . to satisfy”—in which case subsection (I) covers only failures to appear.
The defendants are correct that none of the plaintiffs has standing to challenge the state’s practice of suspending driver’s licenses purely for failure to appear. It does not seem to the court, however, that the plaintiffs are making that challenge. The plaintiffs seek to represent a class defined to include “[a]ll persons whose Tennessee driver’s licenses have been or will be suspended under Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I) for nonpayment of Traffic Debt and who cannot now and could not at the time of suspension afford to pay such debt.” (Docket
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No. 111 ¶ 242 (emphasis added).) If the defendants are correct, and there are no drivers whose driver’s licenses were suspended for nonpayment of traffic debt under subsection (I), then that portion of the class will have no members. There is no need, though, to dismiss any challenge to suspensions based solely on failure to appear, because the plaintiffs have raised no such challenge. C. Mootness of Booher’s Claims
Purkey argues that Booher’s claims are moot because her license has now been reinstated. Booher responds that, even if her license has been reinstated for now, she still has live claims against the defendants because she is still at risk of Purkey re-suspending her license for nonpayment of traffic debt. Moreover, she argues that, insofar as her claims are moot, she is entitled to an exception from mootness.
The federal courts have an ongoing obligation under Article III to limit their jurisdiction to cases that may actually affect the rights of the litigants. Coal. for Gov’t Procurement v. Fed. Prison Indus., Inc., 365 F.3d 435, 458 (6th Cir. 2004) (citing Sw. Williamson Cty. Cmty. Ass’n, Inc. v. Slater, 243 F.3d 270, 276 (6th Cir. 2001)). When, therefore, the issue presented by a case is “no longer live” or when “the parties lack a legally cognizable interest in the outcome,” the case becomes moot and falls outside the boundaries of Article III. Ford v. Wilder, 469 F.3d 500, 504 (6th Cir. 2006) (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969)). “A federal court has no authority to render a decision upon moot questions or to declare rules of law that cannot affect the matter at issue.” Cleveland Branch, Nat’l Ass’n for the Advancement of Colored People v. City of Parma, Ohio, 263 F.3d 513, 530 (6th Cir. 2001) (citing Church of Scientology v. United States, 506 U.S. 9, 12 (1992)).
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“The test for mootness is whether the relief sought would, if granted, make a difference to the legal interests of the parties . . . .” McPherson v. Mich. High Sch. Athletic Ass’n, 119 F.3d 453, 458 (6th Cir. 1997) (quoting Crane v. Ind. High Sch. Athletic Ass’n, 975 F.2d 1315, 1318 (7th Cir. 1992)). The “completion of activity is not the hallmark of mootness. Rather, a case is moot only where no effective relief for the alleged violation can be given.” Coal. for Gov’t Procurement, 365 F.3d at 458 (citing McPherson, 119 F.3d at 458). As federal courts “possess broad discretion to fashion equitable remedies,” they “may craft declaratory and injunctive relief designed to preclude [an] agency from acting in contravention of its . . . authority.” Id. at 460.
Purkey has not advanced any argument that Booher’s claim was moot before TDSHS lifted her suspension. The determinative question, then, is whether Purkey’s lifting of the suspension caused Booher to lose her cognizable interest in her claims. Purkey claims that TDSHS lifted the suspension because the judgments against Booher were void ab initio due to their lack of required signatures. (Docket No. 132 at 2.) Purkey has not, however, identified any ruling by any Tennessee court vacating those judgments. Nor has he presented any reason why, insofar as the judgments against Booher lack a signature, that lack of a signature will not simply be corrected. Tennessee law provides that, if “a court’s judgment was not entered on the date the judge intended . . . due to the inadvertence or mistake of the court,” then the court may, at least in certain situations, remedy the oversight “by an entry of the judgment nunc pro tunc.” Blackburn v. Blackburn, 270 S.W.3d 42, 50 (Tenn. 2008); see Gregg v. Gregg, No. 96-P-0263, 1997 WL 750853, at *2 (Ohio Ct. App. Nov. 21, 1997) (discussing judgment’s lack of signatures being rectified nunc pro tunc); cf. Int’l Cargo & Sur. Ins. Co. v. M/V “Hreljin”, No. 88 CIV. 3807 (BN), 1993 WL 426651, at *4 n.4 (S.D.N.Y. Oct. 19, 1993) (discussing admission of originally unsigned deposition being admitted at trial after being rectified nunc pro tunc). Even
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in a criminal setting, “the court may at any time,” upon notice, “correct clerical mistakes in judgments, orders, or other parts of the record, and errors in the record arising from oversight or omission.” Tenn. R. Crim. P. 36. Purkey’s noticing that the judgments against Booher lack a signature, therefore, is no guarantee that Booher is out of the woods with regards to the underlying citations or debt.
As Purkey has repeatedly reminded the court, see infra, this court has no jurisdiction to exercise an appellate function over Bristol City Court. Accordingly, even if this court believed that the judgments against Booher should be considered void under Tennessee law, it would have no power to set them aside. Purkey has identified no authority that would permit his own agency to do so either; while TDSHS may choose, within its discretion, not to act on a judgment that it considers invalid, it still appears that only the state’s courts can actually determine, definitively, whether a judgment will stand. The only ground for concluding that Booher has lost her stake in this case, then, is TDSHS’s unilateral decision to stop recognizing the validity of judgments of the municipal court.
Generally, a defendant’s “voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice. If it did, the courts would be compelled to leave the defendant free to return to his old ways.” Friends of the Earth, 528 U.S. at 189 (citing City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283. 289 (1982)). However, although “voluntary cessation” of wrongful conduct does not automatically render a case moot, the case may nevertheless be moot if the defendant can demonstrate that there is no reasonable expectation that the wrong will be repeated. See Youngstown Publ’g Co. v. McKelvey, 189 F. App’x 402, 405 (6th Cir. 2006) (quoting Mosley v. Hairston, 920 F.2d 409, 415 (6th Cir. 1990)); see also Ammex, Inc. v. Cox, 351 F.3d 697, 705 (6th Cir. 2003). The party asserting mootness
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bears a “heavy burden of persuading the court that the challenged conduct cannot reasonably be expected to stand up again.” Youngstown, 189 F. App’x at 405 (quoting United States v. Dairy Farmers of Am., Inc., 426 F.3d 850, 857 (6th Cir. 2005)). The burden is significant because courts want to “protect a party from an opponent who seeks to defeat judicial review by temporarily altering its behavior.” Id. (quoting United States v. City of Detroit, 401 F.3d 448, 451 n.1 (6th Cir. 2005)).
Purkey has not established that Booher is actually definitively free of the traffic debt that she owed to Bristol Municipal Court—only that Purkey’s agency has, for now, stopped recognizing that debt’s legitimacy. TDSHS’s reaction to its discovery of Booher’s allegedly faulty judgments, moreover, belies any suggestion that TDSHS actually considers suspensions such as Booher’s impermissible as a matter of law. When TDSHS obtained and reviewed the judgments against Booher, it did not merely come across a single oversight on one judgment. Bristol City Court entered three separate judgments against Booher, on three separate dates, each of which lacked the signature of a judge. (Docket Nos. 132-2, -3, -4.) The fairly obvious implication of that discovery is that Bristol City Court may have a larger problem of sending notices of nonpayment based on unsigned judgments and that, therefore, some unknown number of drivers may be suffering from suspensions that, by TDSHS’s own interpretation of the law, were improper. Purkey, however, explains that TDSHS’s position is that it has “no duty” to take any steps to address those outstanding, improper suspensions, because the drivers suffering from those suspensions did not avail themselves of TDSHS’s process for contesting the validity or accuracy of a nonpayment notice. (Docket No. 144 at 4.) But Booher did not avail herself of that process either. If those other defendants waived their rights to have their suspensions set aside, then so did she. The only thing that sets Booher apart from those other drivers—who continue to
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labor under, structure their lives around, and potentially face arrest and criminal conviction for
violating the suspensions that TDSHS contends are illegal but apparently experiences no
compunction to identify and fix—is the fact that Booher sued Purkey. Quickly rectifying a
plaintiff’s injury because she sued you, while taking no steps to address the injury’s source, is
precisely the kind of activity that the case law on voluntary cessation was crafted not to reward.
Purkey asks the court to consider Booher’s injury resolved because the judgments against her
turned out to have been unsigned. TDSHS’s policy for every driver but Booher, though, is
apparently that such suspensions are proper and may continue. The court, therefore, has no
choice but to conclude that this is an instance of voluntary cessation that would not rob the court
of jurisdiction. It, therefore, will not dismiss Booher’s claims as moot.5
D. Availability of Injunctive and/or Declaratory Relief Against City and County Defendants
The City and County Defendants argue next that any claims for injunctive relief against
them should be dismissed because the court has no power to enter such relief under § 1983. As
these defendants note, Congress has amended § 1983 to limit the availability of injunctive relief
against judicial officers. See Ward v. City of Norwalk, 640 F. App’x 462, 467 (6th Cir. 2016)
(citing Brandon E. ex rel. Listenbee v. Reynolds, 201 F.3d 194, 197–98 (3d Cir. 2000)).
Specifically, § 1983, as amended, provides that, “in any action brought against a judicial officer
5 The court notes, also, that Booher’s claims may be subject to an augmented, and more forgiving, mootness inquiry, because she is the plaintiff in a class action complaint. See United States v. SanchezGomez, No. 17-312, 2018 WL 2186177, at *4 (U.S. May 14, 2018) (citing Gerstein v. Pugh, 420 U.S. 103, 110–111, n.11 (1975)). Purkey notes that Booher was not a plaintiff when the original class certification motion was filed, and she, therefore, is technically not the movant on any such motion. However, the class action nature of the Corrected Amended Complaint, to which Booher is a party, is unambiguous, and the court has never denied that pending motion as moot. Regardless of whether Booher was a movant on that motion, then, she remains on deck to be a class representative if it is granted. She has not registered any opposition to the certification motion, which, the court presumes, she supports. In any event, because the court would not find mootness regardless of the class-action status, there is no need to consider whether the unique procedural wrinkle in Booher’s case would deny her the consideration normally afforded to class plaintiffs.
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for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. 42 U.S.C. § 1983. The City and County Defendants argue that this language prevents the court from entering injunctive relief against them, because the requested relief would reach judicial officers based on acts taken in their judicial capacity.
The plaintiffs respond that some of the City and County Defendants—in particular, the city and county governments themselves—are plainly not judicial officers. The court clerk defendants, however, do fall within the class of actors that at least may be considered judicial officers under § 1983, depending on the capacity in which they are acting. See Coleman v. Governor of Mich., 413 F. App’x 866, 873 (6th Cir. 2011) (“Absolute judicial immunity applies not only to judges, but has extended, in the form of quasi-judicial immunity, to any person acting as an arm of the absolutely immune judicial officer.”) (citing Bush v. Rauch, 38 F.3d 842, 847 (6th Cir. 1994)).
The plaintiffs argue that, insofar as the clerk defendants are judicial officers, the injunctive relief sought targets only actions they have taken in their purely administrative capacities. The plaintiffs seek the following injunctive relief against the City and County Defendants:
d. On behalf of the Wilson and Rutherford County Subclasses, preliminarily and permanently enjoining the Counties and Defendants Moss and Harrell from notifying the Department of nonpayment of Traffic Debt without either: i. notice to the licensee that includes the offer of a fact-based inquiry, with participation by the licensee, as to the licensee’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to license suspension, that the amount sought is within the licensee’s ability to pay; or
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ii. until such time as Defendant Purkey establishes procedures and policies pursuant to which the Department will provide all elements of such notice, inquiry, and factual determination if the Counties do not;
e. On behalf of Plaintiff Sprague, preliminarily and permanently enjoining Defendants Linville, Gaskill, and Mt. Juliet and Lebanon, Tennessee, from notifying the Department of nonpayment of Traffic Debt without either:
i. notice to the licensee that includes the offer in each instance of a fact-based inquiry, with participation by the licensee, as to the licensee’s ability to pay and, if such inquiry is requested, a factual determination, prior and as a prerequisite to license suspension that the amount sought is within the licensee’s ability to pay; or
ii. until such time as Defendant Purkey establishes procedures and policies pursuant to which the Department will provide all elements of such notice, inquiry, and factual determination if the municipalities do not . . . .
(Docket No. 111 at 43–44.) The plaintiffs’ request is notable for what they do not seek. The
plaintiffs do not seek to have the judgments against them set aside or altered; they do not ask that
the judges of the respective courts change the terms of their payment obligations; indeed, they do
not even ask that the local government defendants be categorically required to grant them a
consideration of their indigence. The requested relief targets one particular act: the sending of a
notice of nonpayment to TDSHS.
The plaintiffs’ theories of liability ultimately mirror the relief they seek. Admittedly, the
Corrected Amended Complaint could be seen to muddy the waters a bit by touching on some
issues that implicate judicial functions—such as, for example, the fact that the plaintiffs have not
been given the option to pay their traffic debt in installments over time. Insofar as the plaintiffs
challenged the fact that the judgments against them lacked terms allowing for such plans, their
claims likely would arise out of actions taken in the judges’ official capacities. Those judges,
however, are not defendants in this action, and the actual theories of liability that the plaintiffs
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have advanced do not hinge on the substance of the judgments against them. The plaintiffs bring suit based on the City and County Defendants’ participation in the state’s system for suspending driver’s licenses based on nonpayment of traffic debt. The City and County Defendants’ participation in that system takes the form of the notices of nonpayment sent to TDSHS—not any aspect of the actual adjudication of the plaintiffs’ violations.
The Sixth Circuit has “relied on a functional analysis to determine which acts are protected” by judicial immunity, meaning that one must determine whether the actions are truly judicial acts or ‘acts that simply happen to have been done by’” judicial officers. Morrison v. Lipscomb, 877 F.2d 463, 465 (6th Cir. 1989) (quoting Forrester v. White, 484 U.S. 219, 227 (1988)). Courts that have considered whether a particular act amounts to a judicial function “have found that ‘paradigmatic judicial acts’ are those that involve ‘resolving disputes between parties who have invoked the jurisdiction of a court.’” Barnes v. Winchell, 105 F.3d 1111, 1116 (6th Cir. 1997) (quoting Forrester, 484 U.S. at 227). The notices of nonpayment at issue here do not involve the adjudication of any disputed facts or law. Sending a notice of nonpayment is, in and of itself, an essentially clerical act that bears little resemblance to any core judicial function. Indeed, the non-adjudicative nature of the notice is highlighted by the fact that, even after the notice is sent, the driver has a right to a hearing at TDSHS regarding its accuracy.
The defendants accuse the plaintiffs of seeking a backdoor path to forcing local judges to alter the payment terms of the traffic debt they assess. But the requested relief would not require any court to do anything. Indeed, it would not even force any particular action onto the named defendants themselves. If the plaintiffs are granted the injunctive relief they seek, the City and County Defendants can easily comply with that injunction in future cases simply by doing nothing at all—that is to say, not sending any notices of nonpayment to TDSHS and going about
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their business of collecting traffic debt through ordinary means. If the defendants do wish to continue invoking TDSHS’s suspension powers, the injunctive relief would require them to make sure that some appropriate entity is assessing the defendant’s ability to pay—either at the local level or at TDSHS. Simply because one route to meeting that requirement would involve relying on local courts, however, does not change the fact that the subject of the injunctive relief is the purely administrative exchange of information.
The City and County Defendants argue, next, that declaratory relief against them would be inappropriate under the Sixth Circuit’s test for when a court should exercise its authority to grant declaratory relief. The Declaratory Judgment Act provides that, “[i]n a case of actual controversy within its jurisdiction . . . any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.” 28 U.S.C. § 2201(a). “Since its inception, the Declaratory Judgment Act has been understood to confer on federal courts unique and substantial discretion in deciding whether to declare the rights of litigants.” Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). The Supreme Court has “repeatedly characterized the Declaratory Judgment Act as an enabling Act, which confers discretion on the courts rather than an absolute right upon the litigant.” Id. at 287 (internal citations omitted).
To guide district courts in the exercise of that discretion, the Sixth Circuit has articulated five factors for consideration:
(1) whether the declaratory action would settle the controversy; (2) whether the declaratory action would serve a useful purpose in clarifying the legal relations at issue;
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(3) whether the declaratory remedy is being used merely for the purpose of “procedural fencing” or “to provide an arena for a race for res judicata;” (4) whether the use of a declaratory judgment action would increase the friction between our federal and state courts and improperly encroach on state jurisdiction; and (5) whether there is an alternative remedy that is better or more effective. Grand Trunk v. W. R.R. Co. v. Consol. Rail Corp., 746 F.2d 323, 326 (6th Cir. 1984). Contrary to the defendants’ argument, those factors plainly favor considering plaintiffs’ claims for declaratory relief. A declaration of the constitutionality of the state’s suspension regime would clarify the powers, responsibilities, and permissible courses of action of all of the parties involved, including the City and County Defendants. The declaratory relief sought would leave plenty of flexibility for the governments involved to assure compliance with the law, while setting forth the minimum standards they must meet, and the court sees no superior alternative remedy other than, possibly, the injunctive relief also sought in this case. The court, moreover, sees no reason to expect this litigation to be a cause for any friction between federal and state courts. State courts are well-accustomed to the fact that the parties who come before them may later pursue related claims in federal court. Such patterns are wholly routine and involve no encroachment on state court jurisdiction. The court sees no reason to dismiss the plaintiffs’ requests for declaratory relief against the City and County Defendants. E. Rooker-Feldman Purkey, the City Defendants, and the County Defendants have all argued that the claims against them are barred by the Rooker-Feldman doctrine. Rooker-Feldman—which takes its name from two Supreme Court cases, Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983)—places certain constraints on what types of claims a district court can consider when the underlying subject
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matter also implicates a preexisting state-court adjudication. Because the defendants perform different roles in the state’s overall system for assessing traffic debt and suspending driver’s licenses, the extent of protection that Rooker-Feldman will afford them—if any—will depend on the particular actions and responsibilities of each defendant.
1. Basic Principles On the most fundamental level, Rooker-Feldman stands for the proposition that a federal district court lacks subject matter jurisdiction to conduct an appellate review of a state court decision. Pittman v. Cuyahoga Cty. Dep’t of Children & Family Servs., 241 F. App’x 285, 287 (6th Cir. 2007). By extension, a federal court cannot issue injunctive relief that would, as a practical matter, amount to an exercise of the interjurisdictional appellate function that RookerFeldman forbids. See Lawrence v. Welch, 531 F.3d 364, 371–72 (6th Cir. 2008) (“[C]laims seeking injunctive relief are barred by Rooker-Feldman if they necessarily require the federal court to determine that a state court judgment was erroneously entered.”). Accordingly, even if a plaintiff has raised legitimate concerns under federal law, this court cannot exercise jurisdiction if doing so would amount to exercising an appellate function reserved to the state appellate courts and, eventually, the U.S. Supreme Court. The Rooker-Feldman doctrine, however, is “not a panacea to be applied whenever state court decisions and federal court decisions potentially or actually overlap.” McCormick v. Braverman, 451 F.3d 382, 395 (6th Cir. 2006); see also Givens v. Homecomings Fin., 278 F. App’x 607, 609 (6th Cir. 2008) (referring to the “narrow range of cases” implicated by RookerFeldman). The Supreme Court has stated that Rooker-Feldman “is confined to cases of the kind from which the doctrine acquired its name: cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings
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commenced and inviting district court review and rejection of those judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). The Sixth Circuit, accordingly, has “distinguished between plaintiffs who bring an impermissible attack on a state court judgment— situations in which Rooker-Feldman applies—and plaintiffs who assert independent claims before the district court—situations in which Rooker-Feldman does not apply.” Pittman, 241 F. App’x at 287.
In making this distinction, the court must look to “the source of the injury the plaintiff alleges in the federal complaint. If the source of the injury is the state court decision,” then the Rooker-Feldman doctrine prevents the federal court from deciding the case. McCormick, 451 F.3d at 393. “If,” however, “there is some other source of injury, such as a third party’s actions, then the plaintiff asserts an independent claim.” Id. The court must decide whether it is being called on to consider whether the state court judgment “in and of [itself] violate[s] the federal Constitution or federal law,” or whether the complaining party bases its argument on some unlawful action or policy outside the four corners of that judgment. Id. at 392. “The appropriate inquiry is not whether the district court would be required to ‘overrule’ in some technical way the state court judgment, but is instead whether the constitutional claim presented by the plaintiff is so intertwined with the state court proceedings that a federal court review of the claim would necessarily constitute a review of the state court’s decision, such that a federal court decision in the plaintiff’s favor would call the state court decision into question.” Pancake v. McCowan, 64 F. App’x 464, 466 (6th Cir. 2003).
Under Rooker-Feldman, this court cannot penetrate the relationship between the litigants and the court in a state case. But “sometimes a state-court judgment gives rise to a new problem . . . and that . . . new problem can get federal review without impermissible examination
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of the initial state-court decision.” Market. v. City of Garden City, Kan., No. 16-3293, 2017 WL 6388812, at *3 (10th Cir. Dec. 14, 2017). The reality of our legally complex, multi-jurisdictional system is that the judgment of a court may be the catalyst of a far-reaching array of events and consequences that go well beyond what the court itself decided. A court entering a money judgment in one jurisdiction may be creating the basis for collection proceedings a thousand miles away, involving assets, rules, obligations, and interests that appear nowhere in the court’s reasoning or judgment. See Condaire, Inc. v. Allied Piping, Inc., 286 F.3d 353, 356 (6th Cir. 2002) (discussing procedures for collecting judgment entered in one federal district against property in another federal district pursuant to 28 U.S.C. § 1963). A judgment of guilt in a criminal trial may give rise to collateral consequences that neither the defendant nor the court foresaw because the statutory basis for those consequences had not even been enacted at the time of the conviction. See Doe v. Bredesen, 507 F.3d 998, 1007 (6th Cir. 2007) (upholding retroactive application of Tennessee’s sexual offender registration requirements). Court A’s criminal verdict may play a role in Court B’s parental rights case or Agency C’s decision on whether to grant a license. See, e.g., Tenn. Code Ann. § 36-1-113(g)(6) (establishing basis for termination of parental rights based on incarceration under a sentence of ten or more years); Tenn. Code Ann. § 68-140-311(a)(1)(E) (providing for denial of emergency medical services licensure based on conviction of a crime of moral turpitude). In other words, a judgment may echo throughout the life of a litigant, in ways foreseeable or unforeseeable, far beyond the facial terms of the judgment itself. Rooker-Feldman protects the judgment, but not necessarily its farreaching consequences.
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2. Rooker-Feldman and Purkey’s Suspension of Driver’s Licenses Several courts have considered Rooker-Feldman in the context of judgment collection mechanisms and have generally held that the doctrine poses no obstacle to federal jurisdiction, as long as the plaintiff raises “a challenge to the manner of collecting on the state-court judgment,” rather than a “claim . . . contingent upon the invalidity of the underlying debt.” Moore v. Idealease of Wilmington, 465 F. Supp. 2d 484, 490 (E.D.N.C. 2006) (emphasis added) (citing Todd v. Weltman, Weinberg & Reis Co., L.P.A., 434 F.3d 432, 437 (6th Cir. 2006); Senftle v. Landau, 390 F. Supp. 2d 463, 469 (D. Md. 2005); Wyles v. Excalibur I, LLC, No. 052798JRTJJG, 2006 WL 2583200, at *2 (D. Minn. Sept. 7, 2006)); see also Hageman v. Barton, 817 F.3d 611, 614–16 (8th Cir. 2016) (“Through his federal complaint, [plaintiff] seeks relief from neither the Missouri judgment nor the Illinois garnishment order. Rather, he alleges statutory violations seeking statutory penalties based on [defendant’s] actions in the process of obtaining the judgment and order. [Therefore,] Rooker-Feldman does not apply, and we may exercise jurisdiction over [plaintiff’s] federal claims.”); Moran v. Greene & Cooper Attorneys LLP, 43 F. Supp. 3d 907, 911–12 (S.D. Ind. 2014) (“Plaintiff does not challenge the validity of the state court judgment against him—neither its amount nor the methods used by the creditor to obtain it. . . . [W]e could find that Defendant violated the statute without ‘reviewing’ the state court judgment, and [the] Rooker-Feldman doctrine therefore presents no impediment to our exercise of jurisdiction.”); Ness v. Gurstel Chargo, P.A., 933 F. Supp. 2d 1156, 1162–63 (D. Minn. 2013) (“These allegations appear to attack Defendants’ debt-collection practices rather than the state-court judgments, so for the purposes of deciding this motion, the Court determines that Rooker-Feldman does not bar these . . . claims.”); Meyer v. Debt Recovery Sols. of Ohio, Inc., No. 1:10CV363, 2010 WL 3515663, at *4 (N.D. Ohio Sept. 2, 2010) (holding that Rooker-
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Feldman did not apply “[b]ecause the plaintiffs challenged the manner of collection rather than the underlying debt”).
The Sixth Circuit addressed the issue in Todd v. Weltman, Weinberg & Reis Co., in which a judgment debtor filed suit under the Fair Debt Collection Practices Act based on the judgment creditor’s filing of an allegedly false affidavit under Ohio’s garnishment statute. 434 F.3d at 437. The Sixth Circuit concluded that Rooker-Feldman did not bar jurisdiction, because the plaintiff “d[id] not complain of injuries caused by th[e] state court judgment, as the plaintiffs did in Rooker and Feldman,” but rather raised “an independent federal claim that Plaintiff was injured by” the defendant’s collection activities. Id. at 437. The same principle would apply to permit jurisdiction here. Indeed, the Sixth Circuit has already held, albeit passingly, that RookerFeldman does not bar a suit based on independent actions taken during proceedings to enforce payment of a fine. See Powers v. Hamilton Cty. Pub. Def. Comm’n, 501 F.3d 592, 606 (6th Cir. 2007) (holding that Rooker-Feldman did not bar claims based on public defenders’ failure to request indigence hearings for clients facing jail time for willing failure to pay a fine).
Fundamental to Rooker-Feldman is the question of whether the federal courts are being asked, either actually or practically, to exercise an appellate function. “Where federal relief can only be predicated upon a conviction that the state court was wrong, it is difficult to conceive the federal proceeding as, in substance, anything other than a prohibited appeal of the state-court judgment.” Catz v. Chalker, 142 F.3d 279, 293 (6th Cir. 1998) (quoting Keene Corp. v. Cass, 908 F.2d 293, 296–97 (8th Cir. 1990)). None of the plaintiffs argue that Tennessee courts committed error in assessing fines, costs, or litigation taxes against them. Nor do they challenge the court clerks’ rights to enforce that debt against them through the various ordinary collection mechanisms that the law makes available to creditors. The plaintiffs seek only one thing: that the
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state not take away their lawful ability to drive based on the fact that they cannot currently pay
the amounts they owe. Their challenge is to one post-judgment coercive tool used in the state’s
collection regime—not to any judgment itself.6 The plaintiffs’ claims against Purkey, therefore,
are not barred by Rooker-Feldman.
3. Rooker-Feldman and the City and County Defendants’ Notices of Nonpayment
Unlike Purkey, the City and County Defendants’ involvements in the plaintiffs’ traffic
cases entailed more than merely administering the driver’s license suspension scheme. Indeed,
there are aspects of the local defendants’ actions that are likely shielded by Rooker-Feldman. For
example, if the plaintiffs challenged the city and county clerks’ entry of the judgments against
them on the ground that the judgments were unconstitutional, those challenges would likely fall
squarely within the class of claims that Rooker-Feldman forbids.
The City and County Defendants’ roles, however, did not end with the entry of the
relevant judgments. Rather, it was those defendants’ decisions—of their own volition and subject
to their own policies—to send TDSHS notices of nonpayment that gave rise to TDSHS’s
authority to suspend the plaintiffs’ driver’s licenses. In that sense, the City and County
Defendants are much like the creditor defendant in Todd. See 434 F.3d at 437. The Todd court
held that Rooker-Feldman did not apply because the plaintiff did not claim to be injured by the
6 Purkey urges the court to follow the lead of two district courts that applied Rooker-Feldman to bar pro se plaintiffs’ claims challenging their driver’s license revocations or suspensions. King v. Creed, No. 1:14-CV-0165, 2016 WL 204492, at *2–3 (N.D.N.Y. Jan. 15, 2016); Normandeau v. City of Phoenix, 516 F. Supp. 2d 1054, 1064 (D. Ariz. 2005). Purkey cites these cases for the proposition that Rooker-Feldman bars suits challenging suspensions that have a “causal relationship” to state-court judgments. (Docket No. 148 at 4 (quoting McKithen v. Brown, 481 F.3d 89, 98 (2d Cir. 2007)).) Insofar as those cases are based on such a rule, it is plainly incompatible with the Sixth Circuit’s recognition, in Todd, that suits based on a judgment creditor’s collection efforts are permissible as long as they do not challenge the original judgment. 434 F.2d at 437. The Supreme Court, moreover, has stated unambiguously that a causal connection is a necessary, but not sufficient, condition for applying Rooker-Feldman, writing that the doctrine reaches “cases [1] brought by state-court losers [2] complaining of injuries caused by state-court judgments [3] rendered before the district court proceedings commenced and [4] inviting district court review and rejection of those judgments.” Exxon, 544 U.S. at 284 (emphasis added).
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underlying state court judgment itself, but rather argued that he “was injured by [the defendant] when [the defendant] filed a false affidavit” in support of its attempt to garnish the plaintiff’s wages. Id. Similarly, the plaintiffs here do not premise their constitutional claims on any injury inflicted on them by the initial imposition of their traffic debt; rather, the plaintiffs argue that they were injured by subsequent actions that included the City and County Defendants’ sending notices of nonpayment that they knew would result in suspensions. The City and County Defendants present no convincing reason why an affidavit in support of garnishment would constitute a later action outside the bounds of Rooker-Feldman, but a notice of nonpayment would not.
The City and County Defendants liken the claims against them to those held by the Sixth Circuit to be barred by Rooker-Feldman in its unpublished opinion in Coleman v. Governor of Michigan, 413 F. App’x at 872. In Coleman, several indigent prisoners brought a § 1983 suit challenging “Michigan Complied Laws § 600.2963, which require[d] prisoners to pay full or partial court fees prior to filing civil claims.” Coleman, 413 F. App’x at 868. The Sixth Circuit held that Rooker-Feldman barred the challenge, because the plaintiffs’ challenge to Michigan courts’ refusal to hear their claims intruded upon “a ‘judicial inquiry in which the court was called upon to investigate, declare, and enforce liabilities as they stood on present or past facts and under laws supposed already to exist.’” Id. at 872 (quoting Feldman, 460 U.S. at 479). The City and County Defendants suggest that, because the claims against them also target a consequence of court-imposed litigation debt, those claims are comparable to those at issue in Coleman. The Coleman plaintiffs, however, were challenging the courts’ own “refusal to file judicial-review claims, duration-of-confinement claims and petitions for writ of habeas corpus” and “refusal to grant fee waivers.” Id. The statute at issue in Coleman, therefore, touched directly
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on the core adjudicative functions with which Rooker-Feldman is concerned. The plaintiffs’ claims here, to the contrary, are premised on court clerks’ decisions to call on the power of a wholly separate state agency—one whose primary functions are regulatory and not adjudicative—to impose a sanction that, unlike a filing bar, bears no inherent relationship to the business of the court. This court, therefore, sees little reason to assume that the logic of Coleman would extend to this case. In any event, insofar as Coleman could be so broadly construed, such a construction would come into conflict with the Sixth Circuit’s published decision in Todd. F. Younger Abstention
Next, the City Defendants argue that the court should exercise Younger abstention to decline to consider Sprague’s claims. In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court held that, absent extreme circumstances, federal courts should not intervene to review constitutional challenges to state statutes brought by parties subject to pending state criminal proceedings under those statutes. Id. at 54. The Supreme Court later extended the Younger doctrine to apply where certain state civil and administrative enforcement proceedings are pending in which the state is a party and that involve enforcement of state law. See Middlesex Cty. Ethics Comm’n v. Garden State Bar Ass’n, 457 U.S. 423, 437 (1982) (applying Younger abstention where there were pending state bar disciplinary proceedings and holding that application of the doctrine is appropriate where there are ongoing civil proceedings that implicate an important state interest and provide an adequate opportunity to raise constitutional challenges); see also Danner v. Bd. of Prof’l Responsibility of the Tenn. Supreme Court, 277 F. App’x 575, 580–81 (6th Cir. 2008) (same).
The first prerequisite of Younger abstention is that the state proceeding must be both ongoing and judicial in nature. See New Orleans Pub. Serv., Inc. (“NOPSI”) v. Council of City of
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New Orleans, 491 U.S. 350, 369–70 (1989). When no state proceeding is pending, “considerations of equity, comity, and federalism are therefore diminished,” and a federal court may consider constitutional challenges to state enactments and grant declaratory and injunctive relief. Norfolk & W. Ry. Co. v. Pub. Utils. Comm’n of Ohio, 926 F.2d 567, 572 (6th Cir. 1991) (quoting WXYZ, Inc. v. Hand, 658 F.2d 420, 423 (6th Cir.1981)). The second Younger prerequisite requires a court to consider the “substantiality of a State’s interest in its proceedings” by looking “not narrowly . . . to its interest in the outcome of a particular case . . . but to the importance of the generic proceedings to the State.” See GTE Mobilnet of Ohio v. Johnson, 111 F.3d 469, 482 (6th Cir. 1997) (quoting NOPSI, 491 U.S. at 365). The third and final Younger prerequisite asks whether the plaintiff would have an adequate opportunity at the state level to raise constitutional challenges. See Norfolk, 926 F.2d at 572.
As the plaintiffs point out, the City Defendants fail both the first and third prongs of the Younger abstention test. First, Sprague does not challenge any pending state-court proceeding. Her claims are directed at the City Defendants’ participation in the suspension of her license— specifically, their post-adjudication sending of notices of nonpayment to TDSHS, knowing that the result would be a suspension of her driver’s license. Those notices were distinct from the judgments against her and the proceedings from which those judgments flowed.
The City Defendants seek to premise their Younger abstention argument on the hypothetical pendency of proceedings pursuant to which Sprague could seek some relief from her traffic debt from the imposing courts. Hypothetical proceedings, however, are not enough to bring Younger abstention into play. “The first condition for the application of Younger abstention is that the state proceeding must be pending on the day the plaintiff sues in federal court.” Nimer v. Litchfield Twp. Bd. of Trustees, 707 F.3d 699, 701 (6th Cir. 2013). “[T]here is no doctrine that
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the availability . . . of state judicial proceedings excludes the federal courts.” Leatherworks P’ship v. Boccia, 246 F. App’x 311, 317–18 (6th Cir. 2007) (quoting NOPSI, 491 U.S. at 373.) Moreover, even if such proceedings were pending, they would not provide Sprague with an adequate opportunity to raise her claims. The courts that assessed the violations against Sprague may have a number of mechanisms pursuant to which they could alleviate the burden or reduce the extent of Sprague’s traffic debt. Sprague’s claims, though, are not about whether she owes that debt. They are about a particular post-judgment collection mechanism. Because Sprague’s liability for suspension of her driver’s license for nonpayment was not, in fact, a contested or adjudicated issue in the traffic violation hearings of which she was a part, proceedings before those courts do not offer the opportunity for an adequate consideration of that issue on the merits. G. Political Question Doctrine
Finally, as the last justiciability doctrine that might, in some way, be implicated by this case, the City and County Defendants argue that the plaintiffs have presented a non-justiciable political question. The political question doctrine is a “narrow exception” to the court’s “responsibility to decide cases properly before it,” limited to matters that “involve[] a political question . . . where there is a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it.” Zivotofsky ex rel. Zivotofsky v. Clinton, 566 U.S. 189, 195 (2012) (quoting Nixon v. United States, 506 U.S. 224, 228 (1993)).
The City and County Defendants do not appeal to the actual formulation of the political question doctrine endorsed by the Supreme Court, but instead note, generally, that the alleged problems that the plaintiffs have identified could be solved by the Tennessee General Assembly,
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rather than by court injunction. This is a true assertion that could be made in any case challenging a state policy. See, e.g., Green Party of Tenn. v. Hargett, 767 F.3d 533, 541 (6th Cir. 2014) (discussing Tennessee General Assembly’s amending of a statute to address issue also raised in litigation). If the political question doctrine barred suit to challenge any constitutional violation that could be remedied by the General Assembly, it would eviscerate the principle of judicial review altogether. The defendants have not identified any textually demonstrable constitutional commitment of the issues raised by the plaintiffs to a political department of government, nor have the defendants established any lack of judicially discoverable and manageable standards underlying the plaintiffs’ claims. Indeed, as the court’s discussion below will attest, the federal courts have decided numerous cases under the rubric that the plaintiffs raise here. Indeed, dealing with issues of indigence is a common task of courts throughout the country.
Based on the court’s reading of the City and County Defendants’ arguments on this issue, their ultimate concern appears to be with the possibility that the court might craft injunctive relief that would not allow flexibility in the mechanisms pursuant to which the state and its local governments might address the need for indigence determinations. Those concerns, though legitimate, do not render the plaintiffs’ claims non-justiciable and can be considered by the court at the remedies stage, should the plaintiffs prevail. H. Municipal Liability Under § 1983
The City and County Defendants argue, in the alternative, that the court should dismiss the claims against the cities and counties themselves because the plaintiffs have not alleged unconstitutional policies or customs on behalf of the respective cities and counties. To plead a claim for municipal liability under § 1983, a plaintiff must plausibly allege that her constitutional
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rights were violated and that a policy or custom of the local government was the “moving force” behind the deprivation of her rights. Miller v. Sanilac Cty., 606 F.3d 240, 254–55 (6th Cir. 2010) (citing Powers, 501 F.3d at 606–07). There are effectively four ways to establish municipal liability under § 1983:
Plaintiff can challenge [1] the official action of a municipal legislative body, agency, or board; [2] a policymaking decision by an individual with final decision-making authority; [3] [the government’s] deliberately indifferent failure to screen, train, or supervise its employees; or [4] [the government’s] deliberate indifference to a clear and persistent pattern of illegal activity (a “custom”) about which . . . policymakers knew or should have known. Okolo v. Metro. Gov’t of Nashville, 892 F. Supp. 2d 931, 941 (M.D. Tenn. 2012) (Sharp, J.) (citing Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978); Pembaur v. City of Cincinnati, 475 U.S. 469, 483–84 (1986); City of Canton, Ohio v. Harris, 489 U.S. 378, 389 (1989); Thomas v. City of Chattanooga, 398 F.3d 426, 433 (6th Cir. 2005)). Whether one thinks of the respective clerks’ practices regarding sending notices of nonpayment to TDSHS as policies or merely customs, they are plainly sufficient to support a claim of municipal liability under § 1983. As described by the plaintiffs, the clerks’ notification policies are uniform and well-known. Although the City and County Defendants seek to downplay the policymaking authority of the clerk defendants, it is plain that, with regard to collection of traffic debt, the clerk is precisely the person with decision-making authority sufficient to support a claim of municipal liability, at least as the process is described in the Corrected Amended Complaint. Moreover, even if the clerks are not, in fact, the appropriate decision-makers, their respective governments have “acquiesce[d] in a longstanding practice or custom which constitutes the ‘standard operating procedure’ of the local governmental entity.” Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 737 (1989) (quoting Pembaur, 475 U.S. at 485–87
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(White, J., concurring)). The court will not dismiss the plaintiffs’ claims for failure to plead a policy or custom by the City and County Defendants. I. Propriety of Naming Cities as Defendants/Naming Clerks in their Official Capacities
The City Defendants argue that the cities themselves should not have been named as defendants because the Mt. Juliet and Lebanon municipal courts are distinct from the cities themselves and, therefore, the cities should not be held liable for actions of the court clerks. In Mancini v. City of Garfield Heights, 37 F.3d 1499 (Table), 1994 WL 548830 (6th Cir. Oct. 6, 1994), the Sixth Circuit held, in an unpublished decision, that an Ohio municipality could not be held liable for the acts of its municipal courts “because municipal courts are part of the state court system and are not subject to the supervision of municipal governments.” Id. at *2. As the plaintiffs point out, however, it appears that the City Defendants do possess some powers of supervision over their municipal courts. Mt. Juliet and Lebanon each have ordinances and/or charter provisions governing the structure and jurisdiction of their municipal courts, including provisions touching on powers related to traffic debt. See Lebanon, Tenn., City Charter, Art. X § 1 (defining jurisdiction of Lebanon City Court); id. § 2 (governing “[c]ollection and disposition of fines and court costs”); Lebanon, Tenn., Code. tit. 3, ch. 1 § 3-101 to -110 (setting forth ordinances governing Lebanon city court); Mt. Juliet, Tenn., Code, ch. 2, art. VI, § 2-148 to -146 (setting forth duties, powers, and qualifications for city judges).
Ultimately, the extent to which the clerk defendants operate under the supervision of, or independently from, the local governments in which they sit appears, to this court, to involve as many questions of fact as of law. It may be that the respective entities are so distinct that the Sixth Circuit’s analysis in Mancini would similarly apply here. Based only on the allegations in
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the Corrected Amended Complaint, however, the court cannot conclude that the cities should be dismissed on that ground before sufficient discovery has taken place.
The ambiguity that renders the court unable to dismiss the cities as unrelated to the underlying allegations also prevents the court from dismissing the clerks as duplicative parties. An official-capacity claim against a government officer “generally represent[s] only another way of pleading an action against an entity of which an officer is an agent.” Kentucky v. Graham, 473 U.S. 159, 165–66 (1985) (citing Monell, 436 U.S. at 690 n.55 (1978)). As the Sixth Circuit has noted, in an official-capacity suit, the government entity is “the only true defendant[ ].” Alkire v. Irving, 330 F.3d 802, 810 (6th Cir. 2003). Therefore, an official-capacity suit is “to be treated as a suit against the entity,” so long as the entity “receives notice and an opportunity to respond” to the allegations. Graham, 473 U.S. at 166 (citing Brandon v. Holt, 469 U.S. 464, 471–72 (1985)). Further, an official-capacity claim against a government officer may be dismissed in favor of proceeding against the entity that is the true defendant. See, e.g., Turner v. Blount County, No. 3:06–cv–471, 2008 WL 3852358 (E.D. Tenn. Aug. 14, 2008) (holding that county was actual defendant in official-capacity suit and dismissing claims against individual officers in their official capacities); Hester v. City of Memphis, No. 06–2407 B, 2007 WL 708568 (W.D.Tenn. Mar. 5, 2007) (dismissing official-capacity claims against individual officers where government employer was also named as a defendant).
Accordingly, insofar as the clerks are, indeed, in their official capacities merely stand-ins for the named city and county entities, dismissing the claims against them as duplicative, as the City and County Defendants urge, would be appropriate. As the City Defendants make clear, however, the relationship between a court clerk and the city or county in which the relevant court is situated is more fraught and unclear than, for example, whether Purkey, in his official
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capacity, merely stands in for TDSHS as a whole. While it may, at some point, be appropriate to select one of these options—either dismissing some defendants as unrelated to the underlying practices or dismissing the respective clerks as named duplicatively—the court is unable, at this stage, to discern, with confidence, which of the two would be more appropriate, at least absent discovery. Accordingly, the court will not dismiss the named parties on these grounds. J. Timeliness of Claims Raised by Sprague and Gibbs
Purkey and the City Defendants argue that the court should dismiss the claims raised by Sprague and Gibbs as untimely, because they were filed more than a year after those plaintiffs became aware of the suspension of their licenses.7 The statute of limitations applicable to a § 1983 action is the state statute of limitations applicable to personal injury actions under the law of the state in which the § 1983 claim arises.” Eidson v. Tenn. Dep’t of Children’s Servs., 510 F.3d 631, 634 (6th Cir. 2007). The applicable limitations period in Tennessee is one year. Tenn. Code Ann. § 28-3-104(a); see Howell v. Farris, 655 F. App’x 349, 351 (6th Cir. 2016). “Although the applicable time period is borrowed from state law, the ‘date on which the statute of limitations begins to run in a § 1983 action is a question of federal law.’” Howell, 655 F. App’x at 351 (quoting Eidson, 510 F.3d at 635). Under federal law, the limitations period ordinarily begins to run “when the plaintiff knows or has reason to know of the injury which is the basis of his action.” Id. That is, the cause of action accrues upon the occurrence of the event that “should have alerted the typical lay person to protect his or her right.” Id. (quoting Kuhnle Bros., Inc. v. Cty. of Geauga, 103 F.3d 516, 520 (6th Cir. 1997)). At that point, the plaintiff has a “complete and present cause of action,” such that she may “file suit and obtain relief.” Johnson v. Memphis Light Gas & Water Div., 777 F.3d 838, 843 (6th Cir. 2015) (quoting Wallace v. Kato, 549 U.S. 384, 388 (2007)). 7 The County Defendants do not raise the issue of timeliness in their Motion to Dismiss.
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Sprague and Gibbs concede that their procedural due process claims based on suspensions that occurred more than a year before they filed suit are barred. Sprague, however, notes that she suffered later cumulative suspensions based on traffic debt to the City of Lebanon on September 15, 2016, and October 17, 2016, less than a year before the filing of the initial Complaint in this case. (Docket No. 111 ¶ 164.) The defendants argue that Sprague cannot rely on those later suspensions to state her claims under § 1983, because the relevant injury, the loss of her license, had already occurred. As the court has already explained, the defendants misconceive the nature of Sprague’s injury. Each successive suspension or revocation poses a new, cumulative burden on the driver, at least as long as the driver has a bona fide and reasonable desire to obtain reinstatement. That burden is real, concrete, and quantifiable. The defendants identify no reason why Sprague should be prevented from challenging the independent burdens placed on her in 2016 simply because she was similarly injured the year before, when she received her traffic debt from the City of Mt. Juliet. Moreover, even with regard to Sprague’s earlier, August 2016 Lebanon suspension, there is nothing in the Corrected Amended Complaint to suggest that Sprague had knowledge of that suspension until a point in time within the statute of limitations. Whether that particular challenge is timely, therefore, remains an issue of fact.
Sprague and Gibbs argue next that their constitutional claims, other than their procedural due process claims, can proceed with regard to all of the cited suspensions because the ongoing imposition of the suspensions amounts to a continuing violation of their rights. Under the continuing violation doctrine, a court may toll limitations periods for allegedly wrongful conduct that is continuing in nature. See Nat’l R.R. Passenger Corp. V. Morgan, 536 U.S. 101, 114 (2002). The doctrine applies when (1) the defendant’s wrongful conduct continued after the
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precipitating event; (2) injury to the plaintiff continued to accrue after that event; and (3) further injury to the plaintiff was avoidable if the defendants had at any time ceased their wrongful conduct. Eidson, 510 F.3d at 635 (citing Tolbert v. State of Ohio Dep’t of Transp., 172 F.3d 934, 940 (6th Cir.1999)). Federal courts are generally reluctant to apply the continuing violations doctrine to § 1983 actions. See Sharpe v. Cureton, 319 F.3d 959 (6th Cir. 2003) (“This Circuit employs the continuing violations doctrine most commonly in Title VII cases, and rarely extends it to § 1983 actions.”); McCune v. City of Grand Rapids, 842 F.2d 903, 906 (6th Cir. 1988) (refusing to consider false arrest claim as a “continuing violation”); Mann v. Compton, 2007 WL 854725, at *2 (E.D. Ky. Mar. 16, 2007) (holding that continuing violation doctrine did not apply to toll false arrest claim, where plaintiff remained incarcerated following arrest). Nevertheless, the Sixth Circuit has made clear that the doctrine “applies in appropriate contexts” in § 1983 cases. Guba v. Huron Cty., 600 F. App’x 374, 380 (6th Cir. 2015).
As another judge of this court recently observed, determining whether a particular § 1983 claim presents a continuing violation depends, in significant part, on the court’s determining “what constitutes the defendant’s ‘wrongful conduct’”—as identifying the wrongful conduct at issue is central to both the first and third elements of the Sixth Circuit’s test. Doe v. Haslam, No. 3:16-CV-02862, 2017 WL 5187117, at *11 (M.D. Tenn. Nov. 9, 2017) (Crenshaw, C.J.). Defining the wrongful conduct, in turn, “is closely related to the nature of the constitutional protection at issue.” Id. at *12. As the Sixth Circuit demonstrated in Kuhnle Brothers., Inc. v. County of Geauga, 103 F.3d 516 (6th Cir. 1997), the same general pattern of events may present either a continuing or a non-continuing violation, depending on the constitutional lens through which those events are viewed. In Kuhnle Brothers, the plaintiff, relying on a number of different constitutional provisions, challenged a county resolution that barred truck traffic from a
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particular stretch of road that had been the subject of a prior settlement agreement between the plaintiff and the county. Id. at 518–19. The court held that the plaintiff’s Takings Clause claim and its substantive due process claim based on deprivation of property were time-barred because the plaintiff sued more than two years after the county passed its resolution in alleged violation of the settlement agreement, thereby allegedly depriving the plaintiff of its property interest. Id. at 521. The court, however, held that the plaintiff’s substantive due process claim for deprivation of liberty was timely because the county’s ongoing prohibition of use of the road constituted a continuing violation:
The resolution . . . barred Kuhnle from using the roads in question on an ongoing basis, and thus actively deprived Kuhnle of its asserted constitutional rights every day that it remained in effect. A law that works an ongoing violation of constitutional rights does not become immunized from legal challenge for all time merely because no one challenges it within two years of its enactment. “[T]he continued enforcement of an unconstitutional statute cannot be insulated by the statute of limitations.” Id. at 521–22 (quoting Va. Hosp. Ass’n v. Baliles, 868 F.2d 653, 663 (4th Cir. 1989), aff’d sub nom. Wilder v. Va. Hosp. Ass’n, 496 U.S. 498 (1990)). TDSHS’s ongoing deprivation of the plaintiffs’ rights to drive—and its ongoing maintenance of barriers to reinstatement—seem to this court analogous to the right to use of the roads at issue in Kuhnle Brothers. The plaintiffs do not merely challenge the fact that their driver’s licenses were taken away a few years ago. They challenge the fact that they cannot get those licenses back today or in the future without satisfying traffic debt that they are unable to pay due to their current, not merely historical, indigence. Viewed from the perspective of equal protection, the plaintiffs’ injuries include the fact that the state’s scheme currently treats them differently from otherwise identical non-indigent drivers, by allowing those drivers to have their suspensions lifted by making payments that the plaintiffs cannot make. That injury arises out of
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the situation that TDSHS is currently imposing on the plaintiffs based on their current economic circumstances—not merely the past suspension decision.
Purkey’s argument that TDSHS is not engaged in ongoing allegedly wrongful conduct might be more persuasive if, once a debtor’s license was suspended, that suspension lasted for a fixed period of time, regardless of whether the debtor paid her debt. Continuing such a suspension arguably would not involve continuing to treat indigent debtors differently than nonindigent debtors, because the suspensions, once on the books, would be identical. TDSHS’s implementation of its regime, however, expressly assumes that a driver may have her suspension lifted once her debt is paid. The differential treatment between indigent and non-indigent debtors, therefore, is ongoing. The plaintiffs’ injuries, moreover, could have been remedied at any time by TDSHS dropping their suspensions. Sprague and Gibbs, therefore, satisfy the first and third requirements for a continuing violation with regard to Purkey. They also satisfy the second requirement, because their injury has continued to accrue as along as their suspensions have been in place. Sprague and Gibbs, therefore, have pled a continuing violation with regard to Purkey.
Satisfying the elements of a continuing violation with regard to Purkey, however, does not necessarily establish a continuing violation with regard to the City Defendants. Because TDSHS oversees the state’s system of licensing drivers and would administer any reinstatement or denial thereof, Purkey’s involvement in the alleged deprivation of the plaintiffs’ rights is ongoing. The City Defendants’ active roles in the plaintiffs’ suspensions, in contrast, concluded when they sent their initial notices of nonpayment to TDSHS, thereby giving rise to TDSHS’s authority to suspend under Tenn. Code Ann. § 55-50-502(a)(1)(H) or (I). While the City Defendants have done nothing to alleviate the burden they played a role in initially imposing,
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mere inaction is generally insufficient to establish a continuing violation. Eidson, 510 F.3d at 637 (finding no continuing violation, where plaintiff alleged that state “continued to fail to conduct the sort of thorough investigation that would have exonerated him”). Accordingly, a defendant’s “failure to rectify a prior [wrongful] act is not sufficient to meet the standard for invoking the continuing-violations doctrine.” Pittman v. Spectrum Health Sys., 612 F. App’x 810, 813 (6th Cir. 2015).
Sprague suggests that Mt. Juliet may have engaged in a continuing violation or laterarising wrongful acts by failing to permit her to enter into payment plans with regard to her traffic debt. That argument, though, flies in the face of Sprague’s own theory of the case—a theory of the case that, the court notes, was instrumental in allowing her to overcome several jurisdictional limitations discussed above. Sprague is not suing for the right to a payment plan; the cases she cites do not support a right to a payment plan; and if the court were to consider her right to a payment plan, the risk of running afoul of Rooker-Feldman would be much higher. What Sprague is actually suing about is the suspensions that have been placed on her driver’s license. Mt. Juliet’s role in imposing those suspensions concluded when its notice was sent to TDSHS. Sprague, therefore, cannot establish the first element of a continuing violation— continuing wrongful conduct—with regard to her claims against Mt. Juliet. Those claims, therefore, must be dismissed.
Finally, Sprague and Gibbs ask the court to recognize timely procedural due process claims based on “Reinstatement Requirements” letters that they obtained from TDSHS between November 2016 and September 2017. (Docket No. 111 ¶¶ 168, 170, 177, 206, 208.) The Corrected Amended Complaint describes little about the process pursuant to which the letters were generated or issued, although it does suggest that they were “sought and obtained” by the
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plaintiffs. (Id. ¶¶ 177, 206.) The Corrected Amendment Complaint does not state that the letters were tied to any particular precipitating event, other than their having been requested. In their briefing, the plaintiffs state that they obtained the letters “from [TDSHS’s] website.” (Docket No. 143 at 61.)
Gibbs and Sprague argue that those letters are the equivalent of a denial of reinstatement without providing the hearing to which they claim to be entitled—and, therefore, the letters constitute fresh deprivations of procedural due process. Purkey responds that those letters were simply statements of TDSHS’s policy with regard to their cases, not any fresh deprivation or violation. Purkey’s characterization is borne out by the Corrected Amended Complaint itself. The plaintiffs do not allege that the letters were issued in response to any particular request for a hearing or a reconsideration of their suspensions. As described, they seem to be essentially informational documents.
Generally speaking, “[i]n procedural-due-process claims . . . , a plaintiff’s injury accrues at the time that process was denied because ‘the allegedly infirm process is an injury in itself.’” Am. Premier Underwriters, Inc. v. Nat’l R.R. Passenger Corp., 839 F.3d 458, 461 (6th Cir. 2016) (quoting Nasierowski Bros. Inv. Co. v. City of Sterling Heights, 949 F.2d 890, 894 (6th Cir. 1991)). Accordingly, the plaintiffs have pleaded causes of action for deprivation of procedural due process that accrued at the time when TDSHS implemented each suspension without the plaintiff having been afforded the opportunity for a hearing on his/her indigence. The plaintiffs do not dispute that interpretation, but argue that the denial of due process re-accrues each time they inquire about reinstatement and are similarly told they are not entitled to an indigence hearing. A “mere[] . . . reaffirmation” of a previous position, however, is not enough to start a plaintiff’s statute of limitations anew. DXS, Inc. v. Siemens Med. Sys., Inc., 100 F.3d 462, 467
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(6th Cir. 1996). The plaintiffs have identified no cases suggesting that, when a plaintiff is denied a hearing in violation of due process but the statute of limitations fully runs on her claim, she can state a new claim simply by obtaining a letter from the defendant confirming its position that no such hearing is due. The letters merely restating TDSHS’s policies, therefore, do not give rise to new causes of action.
The court, accordingly, will dismiss (1) the claims, raised by Sprague and Gibbs against any defendant, for violation of procedural due process with regard to suspensions of which they had notice prior to September 13, 2016; and (2) all other claims, raised by Sprague against the City Defendants, based on those same suspensions—resulting, consequently, in the dismissal of Gaskill and the City of Mt. Juliet as parties.
IV. MERITS OF THE UNDERLYING CLAIMS8 The defendants argue that, insofar as the court concludes that the plaintiffs’ claims are timely and justiciable, it should still dismiss those claims because the plaintiffs have failed, on the merits, to state actionable claims. To prevail on a claim under § 1983, a plaintiff must prove two elements: (1) that she was deprived of a right secured by the Constitution or laws of the United States; and (2) that the deprivation was caused by a person acting under color of law. Robertson v. Lucas, 753 F.3d 606, 614 (6th Cir. 2014). The defendants argue that the plaintiffs fail to satisfy the first element, because they cannot establish that the suspension of their driver’s licenses for nonpayment of traffic debt deprived them of any constitutional right. In response, the plaintiffs argue that the state’s system of suspending traffic violators’ licenses for nonpayment of traffic debt regardless of ability to pay is unconstitutional under a straightforward application of a number of Supreme Court cases, starting with Griffin v. Illinois, 351 U.S. 12 (1956). See also 8 The court’s analysis of the merits of the plaintiffs’ claims overlaps, in significant part, with its consideration of the same constitutional principles, and their application to driver’s license revocations, in Thomas v. Purkey, No. 3:17-cv-00005 (M.D. Tenn.).
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Williams v. Illinois, 399 U.S. 235 (1970); Tate v. Short, 401 U.S. 395 (1971); Mayer v. City of Chicago, 404 U.S. 189 (1971); James v. Strange, 407 U.S. 128 (1972); Bearden v. Georgia, 461 U.S. 660 (1983). The defendants argue that the state’s scheme is subject only to rational basis review, which it survives. See Midkiff v. Adams Cty. Reg’l Water Dist., 409 F.3d 758, 770 (6th Cir. 2005) (“Under rational basis review, the governmental policy at issue will be afforded a strong presumption of validity and must be upheld as long as there is a rational relationship between the disparity of treatment and some legitimate government purpose.” (citations & internal quotation marks omitted)). A. Indigence Exceptions in Criminal and Quasi-Criminal Cases under the Constitution
1. The Griffin Cases Starting with Griffin, and continuing through several cases decided over the ensuing decades, the Supreme Court set forth certain core protections due to indigent persons—primarily criminal defendants—under the constitutional guarantees of due process and equal protection. In Griffin, the Supreme Court, through divided opinions, held that the State of Illinois had violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment by failing to furnish trial transcripts to criminal defendants who needed the transcripts to obtain appellate review of their convictions but were unable to afford the required fees. Justice Black, writing the lead opinion, explained that, although Illinois’ requirements, on their face, applied equally to all criminal appellants, their effect was “to deny adequate appellate review to the poor while granting such review to all others,” which, the full majority agreed, was impermissible under the Constitution. Griffin, 351 U.S. at 13. There are aspects of the analysis in Griffin—though not, necessarily, its holding—that seem to pose a challenge in terms of reconciling the case with the rules that govern constitutional
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cases today. Now, every law student is encouraged to learn the ordinary formula for considering a challenge under the Equal Protection Clause: “If a protected class or fundamental right is involved, [the court] must apply strict scrutiny, but where no suspect class or fundamental right is implicated, this Court must apply rational basis review.” Midkiff, 409 F.3d at 770 (citing Hadix v. Johnson, 230 F.3d 840, 843 (6th Cir. 2000)). The Griffin Court, however, did not explain its holding in terms of either “rational basis” or “strict scrutiny,” presumably because those rubrics had not yet taken the firm hold they now possess over so much constitutional litigation. See Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2327 (2016) (Thomas, J., dissenting) (observing that “[o]nly in the 1960’s did the Court begin in earnest to speak of ‘strict scrutiny’ versus reviewing legislation for mere rationality, and to develop the contours of these tests”). Rather, Justice Black explained the Court’s holding as an extension of the basic principle, dating in its roots at least back to the Magna Carta, that “due process and equal protection both call for procedures in criminal trials which allow no invidious discriminations between persons and different groups of persons.” Griffin, 351 U.S. at 16–17.
Justice Black stressed that Illinois’ scheme offended the Constitution, even though the Constitution itself did not require Illinois to provide any appellate courts at all. Id. at 18 (citing McKane v. Durston, 153 U.S. 684, 687–88 (1894)). Justice Frankfurter’s opinion completing the majority echoed Justice Black in the relevant respects, observing that “[l]aw addresses itself to actualities,” and “[i]t does not face actuality to suggest that Illinois affords every convicted person, financially competent or not, the opportunity to take an appeal,” if indigent persons do not have a mechanism to receive an adequate transcript. Id. at 22 (Frankfurter, J., concurring in judgment). Accordingly, “when a State deems it wise and just that convictions be susceptible to review by an appellate court, it cannot by force of its exactions draw a line which precludes
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convicted indigent persons . . . from securing such a review merely by disabling them from bringing” an effective notice of appeal. Id. at 23.
In the years following Griffin, the Supreme Court decided several cases expanding that case’s principle to secure additional rights to indigents working their way through the criminal justice system. See, e.g., Douglas v. California, 372 U.S. 353, 357–58 (1963) (holding that indigent defendants are entitled to counsel on their first direct appeal); Roberts v. LaVallee, 389 U.S. 40, 42 (1967) (holding that indigent defendants are entitled to a free transcript of the preliminary hearing for use at trial). In Williams v. Illinois, the Court extended the logic of Griffin to hold that a court could not increase an indigent defendant’s imprisonment past her maximum sentence, based solely on her inability to pay fines arising out of her conviction. 399 U.S. at 242. In so doing, the Court stressed that a statute’s lack of an exception for indigent persons was the equivalent of improperly imposing a greater punishment based solely on an individual’s inability to pay:
Since only a convicted person with access to funds can avoid the increased imprisonment, the Illinois statute in operative effect exposes only indigents to the risk of imprisonment beyond the statutory maximum. By making the maximum confinement contingent upon one’s ability to pay, the State has visited different consequences on two categories of persons since the result is to make incarceration in excess of the statutory maximum applicable only to those without the requisite resources to satisfy the money portion of the judgment. Id. The Court stressed that its holding did not render the state “powerless to enforce judgments against those financially unable to pay a fine,” but rather merely required it to avail itself of the “numerous alternatives” on which it could rely to enforce the convicted person’s debts without unconstitutionally imposing a greater maximum sentence on the indigent than the non-indigent. Id. at 244. The purpose of Griffin, the Williams Court explained, was not to eliminate costs and
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fees, but to “to alleviate discrimination against those who are unable to meet the costs of litigation in the administration of criminal justice.” Id. at 241.
In Tate v. Short, the Court considered whether the rule set out in Williams applied to a debtor who, unable to pay the fines he had accumulated for traffic offenses, had been committed by a court to service at a municipal farm where he would work “to satisfy the fines at the rate of five dollars for each day.” 401 U.S. at 397. The court ordering him to the farm had original jurisdiction over only offenses for which there was no possibility of confinement, but it had been granted the authority to order confinement based on failure to pay fines. Id. at 396 n.2. The Supreme Court concluded that, “[a]lthough the instant case involves offenses punishable by fines only, petitioner’s imprisonment for nonpayment constitutes precisely the same unconstitutional discrimination [as in Williams] since, like Williams, petitioner was subjected to imprisonment solely because of his indigency.” Id. at 397–98. Again, the Court emphasized that the constitutional defect was not in the act of imposing a consequence on nonpayment, but in the fact that applying that consequence to a truly indigent person had the practical effect of imposing greater punishment based on the economic status of the violator. Id. at 401 (“We emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.”).
In Mayer v. City of Chicago, the Court considered whether the Griffin right to an adequate appellate record applied in cases where the defendant faced only the threat of a fine, rather than imprisonment. The defendant in Mayer “urge[d]” the Court to adopt a “distinction to set this case apart from Griffin and its progeny”: namely, “that the defendants in all the transcript cases previously decided . . . were sentenced to some term of confinement,” whereas the accused in Mayer was “not subject to imprisonment, but only a fine.” 404 U.S. at 196. The Court rejected
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any suggestion that the rights set forth in Griffin and subsequent cases were at all contingent on a person’s facing the threat of incarceration:
This argument misconceives the principle of Griffin . . . . [I]ts principle is a flat prohibition against pricing indigent defendants out of as effective an appeal as would be available to others able to pay their own way. The invidiousness of the discrimination that exists when criminal procedures are made available only to those who can pay is not erased by any differences in the sentences that may be imposed. 404 U.S. at 196–97. The Court explained that the basis for its holdings since Griffin was that refusing to allow an exception for the indigent was, as a constitutional matter, no different from adopting an “unreasoned distinction” punishing indigents more severely than non-indigents for reasons unrelated to their guilt or culpability. Id. at 193 (quoting Rinaldi v. Yeager, 384 U.S. 305, 310 (1966)). The Court also rejected the argument that it should decline to apply the Griffin cases because the offenses at issue were misdemeanors, reasoning that “[t]he size of the defendant’s pocketbook bears no more relationship to his guilt or innocence in a nonfelony than in a felony case.” Id. at 196. Finally, in Bearden v. Georgia, the Court held that Georgia could not revoke an individual’s probation for failure to pay a fine or make restitution without first finding that the probationer was responsible for that failure or that alternative forms of punishment were inadequate. 461 U.S. at 672–73. The Court explained that “depriv[ing] the probationer of his conditional freedom simply because, through no fault of his own, he [could not] pay the fine” was “contrary to the fundamental fairness required by the Fourteenth Amendment.” Id. The Bearden Court took the opportunity to consider the Williams line of cases in the context of developments in the law emphasizing the now-commonplace tiered system of judicial review of state actions, noting that “[t]he parties, following the framework of Williams and Tate, have argued the question primarily in terms of equal protection, and debate vigorously whether strict
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scrutiny or rational basis is the appropriate standard of review.” Id. at 665. The Court, however, noted that the considerations at issue occupied a place in the Court’s constitutional case law where “[d]ue process and equal protection principles converge” and required a more searching analysis:
Whether analyzed in terms of equal protection or due process, the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as “the nature of the individual interest affected, the extent to which it is affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose . . . .” Id. at 666–67 (quoting Williams, 399 U.S. at 260 (Harlan, J., concurring)). 2. Johnson v. Bredesen The Sixth Circuit gave substantial consideration to the Griffin line of cases in Johnson v. Bredesen, in which the court held that Tennessee’s law requiring felons to pay child support and restitution before having their voting rights restored did not offend constitutional principles, despite lacking an indigence exception. 624 F.3d 742, 750 (6th Cir. 2010). The majority opinion in Johnson faulted Griffin and Williams for “fail[ing] to articulate a precise standard of review” but ultimately concluded that the Griffin line of cases was inapposite, because those cases “concerned fundamental interests”—namely, physical liberty and access to the courts—that made the laws at issue “subject to heightened scrutiny.” Id. at 749. Because the Johnson court considered the felons’ re-enfranchisement interests non-fundamental and because “a class of less wealthy individuals is not a suspect class,” Molina-Crespo v. U.S. Merit Sys. Prot. Bd., 547 F.3d 651, 660 (6th Cir. 2008) (citing San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 29 (1973)), the court applied only rational basis review. Johnson v. Bredesen is the law of this circuit, and the court will apply it here. The court pauses to note, however, that the simple tiers-of-scrutiny analysis that the Sixth Circuit
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considered adequate in Johnson cannot simply be substituted for a consideration of the full line of Griffin cases without losing quite a bit in the translation. As the court will explain, one must be careful not to read Johnson in a way that (1) directly contradicts Bearden, (2) misstates the basis of the rights set forth in the earlier Griffin cases, or (3) loses a level of nuance that, as even the Johnson majority itself acknowledged, applies in cases where the statute at issue not only affects indigents but threatens to exacerbate their already precarious economic circumstances. The court’s application of Johnson then, will be one that strives to read its holding in harmony with, rather than as a repudiation of, the Supreme Court cases that preceded it.
The parties in Bearden “debate[d] vigorously whether strict scrutiny or rational basis [was] the appropriate standard of review,” but the Court rejected those arguments on the ground that such “easy slogans” and “pigeonhole analysis” were insufficient to the “careful analysis” required by the overlap of the due process and equal protection interests at issue under Griffin. Bearden, 461 U.S. at 665–66. Fitting the principles underlying Griffin into the simple categories sufficient for an ordinary equal protection case, the Court wrote, was a task “too Procrustean to be rationally accomplished.” Id. at 667 n.8 (quoting North Carolina v. Pearce, 395 U.S. 711, 723 (1969)). The Sixth Circuit, in Johnson, acknowledges these statements but nevertheless applies its own gloss on Bearden, assuring the reader that, whatever the Supreme Court said, what it meant was that the Court was applying heightened scrutiny because the fundamental right to physical liberty was at issue. 624 F.3d at 749. It is difficult for this court to see how Bearden supports such a reading. In any event, it is sufficient to say that the Sixth Circuit’s conclusion was that the nature of the rights at issue in Bearden and Johnson justified the differing analyses, but that Bearden remained and remains good law.9
9 Purkey seems to suggest that the reasoning set forth in Griffin through Bearden was rendered obsolete by the Supreme Court’s brief analysis of those cases in M.L.B. v. S.L.J., 519 U.S. 102 (1996). In M.L.B.,
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Moreover, the Johnson majority’s contention that the puzzle of the Griffin cases can be solved by noting that those cases involved “fundamental interests”— freedom from confinement and access to courts—seems, at first, to be difficult to square with the precedents themselves. In Mayer v. City of Chicago, the Supreme Court, considering a scheme involving fines only, expressly considered and rejected the argument that the rule of Griffin was premised on a threat to the defendant’s physical liberty. 404 U.S. at 196–97. To the contrary, the Court explained that its holdings arose from the premise that imposing a harsher punishment on a person due to his indigence amounted to relying on an “‘unreasoned distinction’ proscribed by the Fourteenth Amendment.” 404 U.S. at 193, 196 (quoting Rinaldi, 384 U.S. at 310); see also M.L.B. v. S.L.J., 519 U.S. 102, 111 (1996) (“Griffin’s principle has not been confined to cases in which imprisonment is at stake.”). On the other end of the spectrum, the possibility that the Griffin cases are about freedom from physical restraint and access to the courts is belied by the fact that the Supreme Court has expressly declined to apply them in some cases where those interests were implicated. See United States v. MacCollum, 426 U.S. 317, 328–29 (1976) (holding that Griffin does not apply in cases involving an indigent person’s right to obtain a transcript to assist him in obtaining collateral relief); Ross v. Moffitt, 417 U.S. 600, 618 (1974) (holding that Griffin does not grant a right to appointed counsel in a discretionary appeal). Whatever principle is at work in Griffin, then, it is clearly less simple than determining whether access to courts or a risk of confinement is directly implicated, even if that distinction was sufficient to resolve the issue presented by Johnson.
the Supreme Court considered the constitutionality of a Mississippi scheme that premised a parent’s appeal of the termination of her parental rights on her payment of over $2,000 in record preparation fees. Id. at 106. In striking down Mississippi’s scheme, the Court did indeed use the language of “fundamental interest[s].” Id. at 113. The analysis in M.L.B., however, was expressly premised on the fact that the proceeding at issue was neither criminal nor quasi-criminal in nature. Id. at 112–13.
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Ultimately, even the Johnson majority opinion concedes that more is going on in its talk of “fundamental interests” than a binary question of whether the statute at issue impinges on something that the courts have identified as a “fundamental right” under the Constitution. At one point, the Johnson court is called on to distinguish James v. Strange, 407 U.S. 128, which the court will discuss in more detail with regard to Count III below. The law at issue in that case, like this one, involved the collection of court-related debt from people who had faced criminal charges. The Court invalidated the Strange scheme under what appeared to be rational basis review, although the Johnson court construed the Strange opinion as having set a higher bar than was required for Tennessee’s re-enfranchisement statute. The Johnson court, rather, concluded that the analysis in Strange did not apply to Johnson because Strange involved a scheme that, by further impoverishing already-indigent debtors, endangered “the hopes of indigents for selfsufficiency and self-respect,” whereas Johnson involved a “mere ‘statutory benefit.’” Johnson, 624 F.3d at 749 (quoting Strange, 407 U.S. at 135; Harvey v. Brewer, 605 F.3d 1067, 1079 (9th Cir. 2010).). But self-sufficiency and self-respect have never been recognized by the Sixth Circuit or the Supreme Court as fundamental rights in a constitutional sense. Cf. Cutshall v. Sundquist, 193 F.3d 466, 479 (6th Cir. 1999) (recognizing the lack of cases recognizing a constitutional “general right to private employment”). Under Johnson then, an at least somewhat elevated version of rational basis review would seem to be required in a case where a scheme was alleged to discriminatorily endanger an indigent person’s basic subsistence and capacity for self-sufficiency.
The tiered system of scrutinies has its advantages and, for a large portion of constitutional cases, is sufficient to resolve the questions at hand. The problem is that this is one area of law where the Supreme Court has said, in no uncertain terms, that a different set of tools is called for.
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Ignoring those holdings in favor of a two-sizes-fit-all approach does not afford the Supreme Court’s cases the precedential weight to which they are entitled. As much as Purkey may argue that the standard, tiered framework is inescapable and unbending, the reality is that the jurisprudence of the Supreme Court says otherwise. In Bearden and elsewhere, the Supreme Court has recognized that, in select areas, “more is involved . . . than the abstract question whether [the challenged law] discriminates against a suspect class, or whether [the matter at issue] is a fundamental right.” Plyler v. Doe, 457 U.S. 202, 223 (1982). While this court has no appetite for inventing new areas for departure from the standard framework, it also sees no ground for ignoring the exceptions that the Supreme Court has already established. B. Count I
Count I challenges the state’s suspension scheme, under the Due Process and Equal Protection Clauses, based on the framework first set forth in Griffin and refined, in this Circuit, by Johnson. The above caveats aside, the defendants are correct that Johnson calls on us to consider whether suspensions under Tenn. Code Ann. § 55-50-502(a)(1)(H) and (I) bear on a fundamental interest and apply rational basis review if they do not. The Sixth Circuit has held that “there is no fundamental right to drive a motor vehicle” under the Constitution. Duncan v. Cone, No. 00-5705, 2000 WL 1828089, at *2 (6th Cir. Dec. 7, 2000). The use of a motor vehicle is, however, closely tied to the exercise of rights that have been found to give rise to heightened constitutional protection. It is well settled that “the Supreme Court has recognized a protected right to interstate travel.” League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 534 (6th Cir. 2007) (citing Saenz v. Roe, 526 U.S. 489, 500 (1999)). The Sixth Circuit, moreover, has gone a step further and “has recognized a protected right to intrastate travel, i.e., ‘a right to travel locally through public spaces and roadways.’” Id. (quoting Johnson v. City of Cincinnati, 310
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F.3d 484, 494–98 (6th Cir. 2002)); see also Fowler v. Johnson, No. CV 17-11441, 2017 WL 6379676, at *8 (E.D. Mich. Dec. 14, 2017). That right, as recognized in this circuit, does not generally prohibit the state from denying “a single mode of transportation,” such as driving, to an individual. Fowler, 2017 WL 6379676, at *8 (collecting cases). A law may “implicate[] the right to travel,” however, “when it actually deters travel, when impeding travel is its primary objective, or when it uses a classification that serves to penalize the exercise of the right.” League of United Latin Am. Citizens, 500 F.3d at 535 (citing Attorney Gen. of N.Y. v. SotoLopez, 476 U.S. 898, 903 (1986)).
The Sixth Circuit has demonstrated a willingness to consider laws governing the right to drive under that rubric, to determine whether “[s]omething more than a negligible or minimal impact on the right to travel” exists, thereby potentially triggering a heightened level of scrutiny. Id. (citing State of Kansas v. United States, 16 F.3d 436, 442 (D.C. Cir. 1994)). Attention to modes of transport would seem to be particularly important where, as here, the legal matter at issue, by definition, involves people with especially limited resources. A right to intrastate travel that assumes that a homeless person who cannot afford to pay a speeding ticket can simply hop into a cab or summon an Uber or a Lyft on a regular basis would not seem to be a right that recognizes the specific solicitude afforded to indigent persons in the criminal justice system under Griffin, Williams, Tate, Mayer, and Bearden.
Consistently with the Sixth Circuit’s prior decisions, the court will not consider the state’s license suspension regime as subject to heightened scrutiny merely because it bears, in some way, on a person’s ability to use the roads. At the same time, however, the court notes that, as the degree of the burden imposed increases, a scheme that hinges on taking away one’s right to drive gets closer and closer to the rights to which the Constitution affords special protection.
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Moreover, the right at issue here bears substantially on the debtor’s interest in self-sufficiency, which the Sixth Circuit recognized, in Johnson, to justify an at least somewhat more searching standard of review. The defendants’ contention that Johnson mandates the application of ordinary rational basis review here, therefore, is questionable.
Nevertheless, even if only the lowest standard of judicial review applies, this court cannot conclude, categorically, that the state’s policy of suspending the license of every driver about whom it receives a notice of nonpayment, without any inquiry into the driver’s indigence, passes constitutional muster. “Under rational basis review, a law is upheld so long as it is rationally related to a legitimate government purpose. There is a strong presumption of constitutionality and the regulation will be upheld so long as its goal is permissible and the means by which it is designed to achieve that goal are rational.” Liberty Coins, LLC v. Goodman, 748 F.3d 682, 694 (6th Cir. 2014) (citing Nat’l Ass’n for Advancement of Psychoanalysis v. Cal. Bd. of Psychology, 228 F.3d 1043, 1050 (9th Cir. 2000)). The plaintiffs do not dispute that collecting fines, costs, and taxes from traffic law violators who can actually pay them is, generally speaking, a legitimate government purpose. Insofar as the state’s suspension scheme applies to traffic law violators who can actually pay their fines, costs, and litigation taxes, the rational relationship between suspensions and that purpose is clear: the threat of a suspension is likely to coerce the driver into paying a debt that she might otherwise avoid. That rationale, however, does not extend to the policy at issue here—suspending the licenses of indigent drivers who are simply incapable of paying the debts imposed on them, as opposed to being unwilling to do so. Visiting a harsh consequence on “someone who through no fault of his own is unable to make” the payment sought “will not make [payment] suddenly forthcoming.” Bearden, 461 U.S. at 670. No person can be threatened or coerced into paying money that she does not have and cannot get.
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See Johnson, 624 F.3d at 757–58 (Moore, J., dissenting) (“The attempt to incentivize payments that an individual is simply incapable of making . . . , particularly when there are other collection methods available, advances no purpose and embodies nothing more than an attempt to exercise unbridled power over a clearly powerless group, which is not a legitimate state interest.”).
The defendants also appeal to a broad range of other legitimate government purposes related to the regulation of traffic in the state, such as promotion of public safety and the need to ensure that drivers on the state’s roads are insured. See, e.g., Shoemaker v. City of Howell, 795 F.3d 553, 567 (6th Cir. 2015). Those purposes may justify the traffic laws that traffic debt flows out of, but the plaintiffs do not challenge those laws or the fact that violating traffic laws may result in fines. They are challenging the imposition of a particular collection mechanism in a particular way. Even under rational basis review, the state must show that the actual law challenged is rationally related to a legitimate purpose—not that it is adjacent to laws that are related to that purpose. There is no rational-basis-by-association. The defendants are correct, however, that the state has legitimate government interests in promoting compliance with court orders and collection of traffic debt. See Johnson, 624 F.3d at 747 (“Tennessee possesses valid interests in . . . requiring criminals to fulfill their sentences, and encouraging compliance with court orders.”) (citing Blackhawk Mining Co. v. Andrus, 711 F.2d 753, 757–58 (6th Cir. 1983)). Insofar as the defendants wish to argue that the suspension regime furthers the purposes of the state’s traffic laws, because collection of traffic debt makes those laws more effective, it is of no moment, because, in order to reach that wide range of additional ostensible purposes, the suspensions regime still must pass the initial test of showing its rational relationship to debt collection. It makes no difference to rational basis review if the defendants show “rational relationship to debt collection” or “rational relationship to debt collection and, therefore, several
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other, also-legitimate, second-order objectives.” In any event, the existence of a legitimate government purpose is undisputed.
However, the defendants, in their assertion of rational basis scrutiny, have skipped an important preliminary inquiry. As the Griffin cases demonstrate, before the court applies any level of scrutiny, it must take the preliminary analytic step of defining precisely what “the law” that is being challenged is. Under Griffin and its progeny, the answer is clear: this court is bound to consider the defendants’ imposition of suspensions for nonpayment of traffic debt, without providing for an exception for those willing, but unable, to pay, as the equivalent of a statute that imposes a harsher sanction on indigent debtors than their non-indigent peers. See Griffin, 351 U.S. at 13 (“There is no meaningful distinction between a rule which would deny the poor the right to defend themselves in a trial court and one which effectively denies the poor an adequate appellate review accorded to all who have money enough to pay the costs in advance.”); Williams, 399 U.S. at 242 (“Since only a convicted person with access to funds can avoid the increased imprisonment, the Illinois statute in operative effect exposes only indigents to the risk of imprisonment beyond the statutory maximum. By making the maximum confinement contingent upon one’s ability to pay, the State has visited different consequences on two categories of persons since the result is to make incarceration in excess of the statutory maximum applicable only to those without the requisite resources to satisfy the money portion of the judgment.”); Mayer , 404 U.S. at 193 (reaffirming that Griffin established a prohibition on laws that, in practical effect, created an “unreasoned distinction[]” between the indigent and nonindigent).
In other words, if the scheme at issue affords no adequate exception based on indigence, Griffin and the cases applying it instruct this court to consider that scheme as the constitutional
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equivalent of the state’s “us[ing,] as the sole justification for” its action, “the poverty of” the defendant. Bearden, 461 U.S. at 671. The court must “address[] itself to actualities,” Griffin, 351 U.S. at 22, and treat TDSHS’s policy as what it, as a practical matter, is: a rule that guarantees that an indigent person will lose her license while giving a non-indigent person the opportunity not to. That the law is “nondiscriminatory on its face” does not negate the fact that imposing a payment obligation on the indigent “may be grossly discriminatory in its operation.”10 Williams, 399 U.S. at 242 (quoting Griffin, 351 U.S. at 17 n.11). Such a distinction poses constitutional problems, the Supreme Court has stressed, not merely because it might, in some instances, bear on a fundamental right, but because the distinction itself is “unreasoned.” Mayer, 404 U.S. at 193 (quoting Rinaldi , 384 U.S. at 310).
The Johnson court grappled with this question and concluded that the differential treatment of indigent prospective voters was permissible in relation to the state’s goal of ensuring payment of child support and restitution generally. The court wrote that “[t]he legislature may have been concerned, for instance, that a specific exemption for indigent felons would provide an incentive to conceal assets and would result in the state being unable to compel payments from some non-indigent felons.” 624 F.3d at 748. The Johnson majority reasoned that, although the lack of an indigence exception rendered the statute arguably overbroad, that overbreadth was not fatal due to the low level of scrutiny that applied. “That the state used a shotgun instead of a rifle to accomplish its legitimate end,” the court wrote, “is of no moment under rational basis review.” Id.
That analysis, though, becomes difficult to sustain when the privilege lost is the ability to operate a car on the state’s roadways. Unlike the power to vote, the ability to drive is crucial to 10 The court notes, however, that the issue of facial neutrality regarding indigence is something of a red herring here. If a statute imposes a sanction on a person for not paying a sum of money, the statute is not, in any meaningful way, neutral on the question of how much money the person has.
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the debtor’s ability to actually establish the economic self-sufficiency that is necessary to be able to pay the relevant debt. It does not require reams of expert testimony to understand that an individual who cannot drive is at an extraordinary disadvantage in both earning and maintaining material resources. “[D]riving an automobile” is “a virtual necessity for most Americans.” Wooley v. Maynard, 430 U.S. 705, 715 (1977). Even solely on the basis of the features of ordinary life in Tennessee of which the court can take judicial notice, the substantial economic disadvantages associated with being unable lawfully to drive are apparent.
Most obviously, being unable to drive in Tennessee limits the jobs available to a person and makes holding a job difficult, once the person has it. “Automobile travel . . . is a basic, pervasive, and often necessary mode of transportation to and from one’s home [and] workplace.” Delaware v. Prouse, 440 U.S. 648, 662 (1979). Some jobs require a person to drive as part of her duties, and even those jobs that do not themselves involve driving generally require the employee to be somewhere, reliably, on time.
The damage that the lack of a driver’s license does to one’s employment prospects is just the beginning. Being unable to drive is the equivalent of a recurring tax or penalty on engaging in the wholly lawful ordinary activities of life—a tax or penalty that someone who committed the same traffic violation, but was able to pay her initial traffic debt, would never be obligated to pay. When the State of Tennessee takes away a person’s right to drive, that person does not, suddenly and conveniently, stop having to transport oneself and family members to medical appointments, stop having to report to court dates, or stop having to venture into the world to obtain food and necessities. Maybe public transportation will work for some of those activities some of the time, and maybe it will not. Similarly, while some individuals with suspended licenses may be able to rely on family or charitable assistance for some purposes, there is no
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reason to conclude that such options will be available or adequate in most cases. What, then, is a person on a suspended license to do? The lawful options are simple: she can simply forgo the life activities, no matter how important, for which she cannot obtain adequate transportation, or she can incur additional transportation expenses—making herself that much less likely ever to satisfy her traffic debt.
Of course, an indigent person with a suspended license has another option, besides accepting the practical limitations that the state has placed on her: she can, faced with the need to navigate the world and no feasible, affordable, and legal option for doing so, break the law and drive. The court very deliberately uses “can” here, not “may” or “should,” but it would simply be willful blindness to ignore the fact that some debtors with suspended licenses will be tempted to disregard the suspension, at least for pressing needs. By defying her license suspension, however, the indigent debtor puts herself at the risk of incurring more fines, more court costs, and more litigation taxes that will be likely to render the restoration of her rights an even more improbable proposition. See Tenn. Code Ann. §§ 40-35-111(e), 55-50-504(a). If the purpose of such a scheme were to make an indigent driver’s first traffic violation her entrée into an endless cycle of greater and greater debt, it could be said to serve that purpose well. But the defendants, to their credit, do not assert that they have any legitimate interest in building inescapable debt traps for indigent Tennesseans. Rather, they argue that suspensions for nonpayment of traffic debt are made in furtherance of debt collection. Toward that end, it is hard to say the policies are rationally calculated.
The defendants may respond that rational basis review permits even arguably counterproductive policies a presumption of constitutionality. Nothing about the case law, however, suggests that the Constitution’s tolerance for legislative or administrative self-sabotage
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is limitless. Cf. Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632, 653 (1974) (Powell, J., concurring in the result) (arguing that policy would fail rational basis review because it is “either counterproductive or irrationally overinclusive”). The Supreme Court has made clear that, “even in the ordinary equal protection case calling for the most deferential of standards,” a law may be struck down if its substance is “so discontinuous with the reasons offered for it” that any pretense of rationality cannot be sustained. Romer v. Evans, 517 U.S. 620, 632 (1996). That review includes considering whether, “in practical effect, the challenged classification simply does not operate so as rationally to further” the legitimate purpose professed. U. S. Dep’t of Agric. v. Moreno, 413 U.S. 528, 537 (1973). There is reason to believe that taking away a driver’s license is not merely out of proportion to the underlying purpose of ensuring payment, but affirmatively destructive of that end—so much so that whether the policies at issue here can lay any claim to rationality is open to serious question.
The court finds itself returning to the Sixth Circuit’s reminder that, under rational basis review, a state is free to “use[] a shotgun instead of a rifle to accomplish its legitimate end.” 624 F.3d at 748. The Sixth Circuit invoked that colorful aphorism to demonstrate that the state is free to resort to policies that are imprecise and overbroad. But the question unavoidably arises: Is it actually always rational to reach for the metaphorical shotgun, no matter the task at hand? Previously in this case, this court suggested that taking a person’s driver’s license away to try to make him more likely to pay a fine is more like using a shotgun to treat a broken arm. In the parallel litigation involving Purkey’s revocation of driver’s licenses, the court suggested that taking away one’s driving privileges as a debt collection mechanism may be more like using that shotgun to shoot oneself in the foot. However one wants to think about it, the aspect of the Sixth Circuit’s metaphor that is easy to miss is that, while the state is not required to use the best tool
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for the job, it still has to use a tool for the job. There is substantial reason to doubt that imposing
driver’s license suspensions on indigent debtors makes any sense at all as a tool for collecting
traffic debt.
Admittedly, Tennessee courts have some discretion to afford relief to defendants facing
greater traffic debt than they can pay. However, absent some actually articulated standard
explaining when—if ever—a defendant is entitled to that relief, those mechanisms are
inadequate for vindicating the constitutional interests here. The Griffin line of cases does not
simply guarantee indigent defendants, in the relevant situations, the opportunity to appeal
generally to the broad discretion of their sentencing court to alleviate their burden. Rather, the
Court set forth certain situations in which a qualifying indigent is, as a matter of law, entitled to
an exception from bearing a certain negative consequence that she could and would avoid if she were able to pay.11 See, e.g., Mayer, 404 U.S. at 198 (“We conclude that appellant cannot be
denied a ‘record of sufficient completeness’ to permit proper consideration of his claims.”
(emphasis added)).
Every statutory opportunity for relief is left entirely to the discretion of the court. See
Tenn. Code Ann. § 40-24-102 (“The several courts in which a cause is finally adjudged are
authorized, either before or after final judgment, for good cause, to release the defendants, or any
one (1) or more of them, from the whole or any part of fines or forfeitures accruing to the county 11 Indeed, it appears that the complaining parties in at least some of the post-Griffin cases may have already been denied just that kind of discretionary relief. See Williams, 399 U.S. at 237 (noting that Williams “petitioned the sentencing judge to vacate that portion of the order requiring that he remain imprisoned upon expiration of his one year sentence because of nonpayment of the fine and court costs” and quoting a portion of the sentencing court’s decision including discussion of prudential concerns), reversing People v. Williams, 41 Ill. 2d 511, 513 (1969) (noting, in case below, that the relevant sentencing statute provided that “the court may further order that upon non-payment of such fine, the offender may be imprisoned until the fine is paid” (emphasis added)); Bearden, 461 U.S. at 663, 673–74 (discussing parole hearing afforded in Bearden case), reversing Bearden v. State, 288 S.E.2d 662, 663 (1982) (explaining that a trial court’s revocation decision was reviewable, under Georgia law, only for abuse of discretion).
89
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or state.”); Tenn. Code Ann. § 40-24-104(a) (“If the defendant . . . is unable to pay the fine . . . the court . . . may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay . . . .”); Tenn. Code Ann. § 40-25-123(b) (“[T]he presiding judge of a court of general sessions may suspend the court costs and the litigation tax . . . , for any indigent criminal defendant, as in the presiding judge’s opinion the equities of the case require.”).12 Those mechanisms, moreover, are not targeted at the specific issue of driver’s license suspensions, but rather deal with the general assessment of fines, costs, and litigation taxes. Accordingly, a court’s exercise of its discretion may, and may well, be guided by factors wholly apart from the debtor’s indigence or her need to drive.
Tennessee courts have made clear that, when a court is, by statute, given discretion to grant a debtor relief from a particular type of debt related to criminal proceedings, that discretion includes the authority to deny relief, despite the debtor’s indigence. See Black, 897 S.W.2d at 683 (upholding denial of waiver of costs for indigent defendant); State v. Lafever, No. M200300506-CCA-R3CD, 2004 WL 193060, at *7 (Tenn. Crim. App. Jan. 30, 2004) (applying Black to discretion to waive fines). For example, the state courts have upheld the denial of a waiver of fines to a person who was earlier found to be indigent, based purely on the speculative possibility that, “[b]y the time [he was] required to begin paying the fines, his financial circumstances may have altered significantly, for instance, through an inheritance.” Lafever, 2004 WL 193060, at *7; see also State v. Ryan, No. E2013-02135-CCA-R3CD, 2014 WL 3611508, at *7 (Tenn. Crim. App. July 22, 2014) (affirming assessment of court costs against defendant who was found, twice, to be indigent, as within the court’s discretion). The plaintiffs do not seek to deprive Tennessee courts of their discretion regarding what a defendant should owe. They simply
12 Emphasis added throughout.
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argue that, when it comes to one particularly harsh consequence of nonpayment, they are entitled to a more definite right to protection based on their indigence. Because Tennessee’s discretionary relief statutes provide no definite right to relief from suspension based on inability to pay, they are no substitute for the type of protection required by the Griffin cases. The state cannot replace a right to relief with an opportunity merely to throw oneself upon the mercy of the court.
If the General Assembly concluded that the state should suspend the driver’s license of every person found to have violated a traffic law, then the Griffin line of cases would provide no obstacle. However, because Tennessee has “deem[ed] it wise and just” that some violators be permitted to retain their licenses, “it cannot by force of its exactions draw a line” that imposes a greater sanction on another violator based solely on her indigence. Griffin, 351 U.S. at 23 (Frankfurter, J., concurring in judgment). Nothing about the rational basis framework or Johnson itself relieves Tennessee from the “basic command that justice be applied equally to all persons.” Williams, 399 U.S. at 241. The plaintiffs’ theory of § 1983 liability under Count I, therefore, is sound. C. Count III
Because Count III, like Count I, involves the Equal Protection Clause, the court will turn to it next. Count III targets the same features of Tennessee’s system as Count I, but from a different angle. Relying largely on the Supreme Court’s decision in James v. Strange, 407 U.S. 128, the plaintiffs argue that suspending the driver’s license of an indigent driver over her unpaid traffic debt denies equal protection by subjecting debtors with liabilities to the government arising out of traffic violations to a significantly harsher collection and enforcement scheme than Tennessee prescribes with regard to people who owe other forms of debt, particularly private judgment debt. In other words, while Count I compares the difference between Tennessee’s
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treatment of indigent traffic debtors and non-indigent traffic debtors, Count III turns to the difference between the law’s treatment of traffic debtors and its treatment of private debtors. The defendants’ arguments follow much the same path that they took with Count I: they argue that this scheme is governed by rational basis review, which the state’s laws should survive.
Strange involved a Kansas statutory scheme for recouping amounts expended by the state on legal services provided to indigent criminal defendants pursuant to the state’s obligations under Gideon v. Wainwright, 372 U.S. 335 (1963). Strange, 407 U.S. at 128. Any time a sum was expended, it was promptly recorded as a debt of the defendant. That debt “bec[ame] a lien on the real estate of defendant” and could “be executed by garnishment or in any other manner provided by the Kansas Code of Civil Procedure.” Id. at 131. The defendant debtor, however, was not “accorded any of the exemptions provided by [the Kansas Code of Civil Procedure] for other judgment debtors except the homestead exemption.” Id.
The Strange court considered Kansas’ scheme pursuant to a deferential standard, looking only to “whether [the law] is based on assumptions scientifically substantiated.” Id. at 133 (quoting Roth v. United States, 354 U.S. 476, 501 (1957) (Harlan, J., concurring in the result)). Indeed, even the Johnson majority has conceded that Strange’s “text appeared to apply rational basis review.” 624 F.3d at 749. Under that standard, the Court struck the scheme down, observing that the state may not “impose unduly harsh or discriminatory terms merely because the obligation is to the public treasury rather than to a private creditor.” Id. at 138. The Court took particular issue with the fact that, by eliminating almost all exemptions, Kansas had subjected criminal defendant debtors to a regime that struck at their core resources. The Court explained that the protections that had been removed were ones intended to ensure that even
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debtors facing an overwhelming civil judgment would not have their resources wholly wiped out
by debt collection efforts. For example:
Of the [exemptions available to a civil judgment debtor], none is more important to a debtor than the exemption of his wages from unrestricted garnishment. . . . Kansas has . . . perceived the burden to a debtor and his family when wages may be subject to wholesale garnishment. Consequently, under its code of civil procedure, the maximum which can be garnished is the lesser of 25% of a debtor’s weekly disposable earnings or the amount by which those earnings exceed 30 times the federal minimum hourly wage. No one creditor may issue more than one garnishment during any one month, and no employer may discharge an employee because his earnings have been garnished for a single indebtedness.
Id. at 135–36. The Court recognized that “deny[ing] protections such as these to the once
criminally accused is to risk denying him the means needed to keep himself and his family
afloat.” Id. at 146.
Strange, unlike Griffin, does not have a long line of later Supreme Court opinions
explaining precisely what the lower courts should construe it to mean. The Court did revisit the
issue, however, in Fuller v. Oregon, 417 U.S. 40 (1974). Oregon, like Kansas and a number of
other states, had adopted a statutory scheme pursuant to which the state sought to recover the
costs of counsel from defendants—in Oregon’s case, only convicted defendants—who had been
indigent at the time of their prosecutions and had relied on state-funded appointed counsel. Quite
unlike the Kansas scheme at issue in Strange, however, the Oregon recoupment statutes
categorically applied only to a person who “[was] or [would, in the future] be able to pay” the
amounts owed. 417 U.S. at 45 (quoting Or. Rev. Stat. § 161.665(3)). As interpreted by the
Oregon courts, “no requirement to repay [could] be imposed if it appear[ed] at the time of
sentencing that ‘there [was] no likelihood that a defendant’s indigency [would] end.” Id. (quoting
State v. Fuller, 504 P.2d 1393, 1397 (1973)). The Oregon statute, therefore, was “quite clearly
directed only at those convicted defendants who [were] indigent at the time of the criminal
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proceedings against them but who subsequently gain[ed] the ability to pay the expenses of legal representation.” Id. at 46. As the Court put it:
Defendants with no likelihood of having the means to repay are not put under even a conditional obligation to do so, and those upon whom a conditional obligation is imposed are not subjected to collection procedures until their indigency has ended and no ‘manifest hardship’ will result. The contrast with appointment-of-counsel procedures in States without recoupment requirements is thus relatively small: a lawyer is provided at the expense of the State to all defendants who are unable, even momentarily, to hire one, and the obligation to repay the State accrues only to those who later acquire the means to do so without hardship. Id. (footnote omitted). The Court, applying Strange, upheld Oregon’s statute. In so doing, the Court reiterated that what it had found objectionable about Kansas’ scheme was that the “elimination of the exemptions normally available to judgment debtors ‘embodie[d] elements of punitiveness and discrimination which violate the rights of citizens to equal treatment under the law.’” Fuller, 417 U.S at 47 (quoting Strange, 407 U.S. at 142.) Concurring in the judgment, Justice Douglas stressed that the reason the statute survived was that it had “been stringently narrowed.” 417 U.S. at 59 (Douglas, J., concurring in the judgment). Strange does not require that all debt be recouped by the same mechanisms, or even by equally effective mechanisms. See Strange, 407 U.S. at 138 (“We recognize, of course, that the State’s claim to reimbursement may take precedence, under appropriate circumstances, over the claims of private creditors and that enforcement procedures with respect to judgments need not be identical.”). What Strange does provide, however, is a firm command that a state’s uniquely harsh treatment of a class of indigent debtors cannot be carried out in “such discriminatory fashion” that it “blight[s] . . . the hopes of indigents for self-sufficiency and self-respect,” merely because the indigent debtors owe a particular type of debt to the government. Id. at 142–43. The question, then, is whether that is the case here.
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In Tennessee, traffic debt can be collected through the same basic mechanisms as a civil judgment. See Tenn. Code Ann. § 40-24-105(a), (c), (f). Kansas also took its system of ordinary civil collections as its baseline, but ran afoul of the Constitution by subtracting a number of protections that would have been uniquely necessary for the very indigent or recently indigent debtors to which its statute applied. Tennessee chose a different route, but one that took it in much the same direction. Whereas Kansas removed protections from its ordinary recoupment scheme, Tennessee heaped on additional tools of coercion—most notably, the loss of a driver’s license. While the structure of the schemes is different, the effect is the same: one particular type of debtor is singled out for a regime uniquely capable of driving those debtors into, or further and more inextricably into, poverty.
Indeed, acknowledgment of the unique constitutional hazards of such a system can, as the court has noted, be found in the opinion of the Johnson Sixth Circuit majority. Johnson distinguished the Kansas debt scheme from Tennessee’s re-enfranchisement scheme on the ground that Johnson involved a “mere ‘statutory benefit,’” whereas Strange implicated the debtor’s ability to “support[] himself and his family.’” Johnson, 624 F.3d at 749 (quoting Harvey, 605 F.3d at 1079; Strange, 407 U.S. at 135). That distinction, the Johnson majority explained, was why Strange, despite facially being a case of rational basis review, in fact applied a somewhat more demanding consideration of the factors involved.
Here, the statute and practices at issue, like the regime in Strange, threaten serious financial harm to those who run afoul of them. The court does not need to repeat its lengthy discussion above to establish that taking a person’s driver’s license away is, like Kansas’ scheme of unlimited garnishment, a threat to the debtor’s basic subsistence. Ultimately, then, the formal differences between Count I and Count III give way to substantial practical overlap. Although
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the theories undergirding each differ, both hinge on the severity and counterproductive nature of relying on driver’s license suspensions as an ostensible mechanism for recouping traffic debt. Because the plaintiffs have pled an actionable constitutional violation under Strange, the court will not dismiss Count III. D. Count II
In Count II, the plaintiffs argue that suspending traffic debtors’ driver’s licenses, without providing the opportunity for a hearing on ability to pay, violates the guarantees of procedural due process. The defendants do not dispute that the state’s suspension of a person’s driver’s license requires it to afford the minimal protections of due process. They argue, instead, that the state’s current procedures for challenging a suspension are sufficient.
A Fourteenth Amendment procedural due process claim depends on the existence of a constitutionally cognizable liberty or property interest with which the state has interfered. Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989); Pusey v. City of Youngstown, 11 F.3d 652, 656 (6th Cir. 1993). The Supreme Court has held that a driver’s license meets the threshold of creating a constitutionally cognizable interest and, therefore, is “not to be taken away without that procedural due process required by the Fourteenth Amendment.” Bell v. Burson, 402 U.S. 535, 539 (1971) (citing Sniadach v. Family Fin. Corp., 395 U.S. 337 (1969); Goldberg v. Kelly, 397 U.S. 254 (1970)). What due process requires, however, varies depending on the nature of the scheme at issue. Even in a case where all involved agree that a person was entitled to due process, there may still be disagreement about “how much process is due.” Shoemaker v. City of Howell, 795 F.3d 553, 559 (6th Cir. 2015). Determining precisely what process a person is entitled to in a particular situation requires the consideration of a number of factors:
[1] the private interest that will be affected by the official action; [2] the risk of an erroneous deprivation[;] . . . [3] the probable value, if any, of additional or
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substitute procedural safeguards; and [4] the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Id. at 559 (quoting Mathews v. Eldridge, 424 U.S. 319, 335 (1976)). The Supreme Court’s cases in this area establish that a driver facing suspension or revocation of her license is entitled to a pre-deprivation hearing in some—but not all—situations. In Bell v. Burson, the Supreme Court concluded that an adequate pre-deprivation hearing was required under a Georgia law pursuant to which “the motor vehicle registration and driver’s license of an uninsured motorist involved in an accident” was “suspended unless he post[ed] security to cover the amount of damages claimed by aggrieved parties in reports of the accident.” 402 U.S. at 535–36. The state allowed a motorist an administrative hearing prior to the suspension, but that hearing did not consider issues of liability or fault. Id. at 536. Accordingly, an uninsured driver who was wholly innocent in an accident could nevertheless have her license suspended for failing to post bond in the amount of the claimed damages of another party involved—indeed, possibly the party who was actually at fault—without ever having a hearing in which she could deny her liability. Id. The Court held that the statute deprived a driver of due process and that, although a driver was not entitled to a full determination of liability before facing a requirement to post bond or face suspension, she was at least entitled to a “determination whether there [was] a reasonable possibility of judgments in the amounts claimed being rendered against” her. Id. at 540. In Dixon v. Illinois, however, the Supreme Court made clear that a pre-suspension hearing is not required in all situations. 431 U.S. at 115. Under the scheme at issue in Dixon, Illinois had “established a comprehensive system of assigning ‘points’ for various kinds of traffic offenses, depending on severity, to provide an objective means of evaluating driving records.”
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Id. at 107. Pursuant to the state’s regulations, a driver faced suspension or revocation, without a pre-action hearing, if he amassed a qualifying number of points. Id. at 108. The state did, however, provide for notice concurrent with the revocation or suspension, followed by a right to a full evidentiary hearing on the state’s decision. Id. at 109. Applying the aforementioned Eldridge factors, the Court concluded that no pre-deprivation hearing was required. The Court explained that, in light of the fact that Illinois’ scheme permitted exceptions based on hardship, the private interest at issue was “not so great as to require [the Court] ‘to depart from the ordinary principle [that] something less than an evidentiary hearing is sufficient prior to adverse administrative action.’” Id. at 113 (quoting Mathews, 424 U.S. at 343). Moreover, although it was possible that a person might face an incorrect suspension due to a clerical error, the risk of an erroneous deprivation was ultimately “not great,” because “revocation decisions [were] largely automatic.” Id. Finally, the Court noted the “substantial public interest” in ensuring the administrative efficiency of a scheme dedicated to “safety on the roads and highways, and in the prompt removal of a safety hazard.” Id. at 114. The Court concluded that it was this last factor, the presence of a public safety issue, that particularly distinguished the case from Bell. Illinois’ denial of a pre-deprivation hearing was permissible, in part, because the statute at issue was “designed to keep off the roads those drivers who are unable or unwilling to respect traffic rules and the safety of others.” Id. at 115.
The defendants argue that driver’s license suspensions for nonpayment of traffic debt should be governed by the same analysis set forth in Dixon. That argument, however, ignores the fact that the factor that the Supreme Court appears to have considered most important in Dixon is comparatively weak here. The scheme in Dixon was targeted at drivers who had amassed traffic offenses that could give rise to a reasonable inference that they were significantly more likely
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than the average driver to pose a risk to public safety if allowed on the road. While it is true that every person who faces a suspension for nonpayment of traffic debt has been held to have committed some traffic violation, it is not the violation itself, or any attendant indication of risk, that determines whether the driver will lose her license; the license is suspended or not suspended based entirely on whether or not she has paid her debt. Despite the defendants’ repeated attempts to ground Tennessee’s suspension scheme in the state’s power to police the safety of its highways, they have demonstrated no basis for concluding that a driver who cannot pay her traffic debt is any more of a risk to the drivers around her than a driver who can. Tennessee’s system of suspensions for unpaid traffic debt is not about safety; it is about payment. In that regard, it is more like the scheme at issue in Bell.
Ultimately, the question of what kind of process to which the plaintiffs were entitled is tightly bound up with the question of whether they are correct that Tennessee is bound to afford some form of exception for ability to pay. If a driver whose nonpayment of her traffic debt is wholly due to her inability to pay is, in fact, entitled to an exception to the state’s regime of blanket suspensions, it is difficult to imagine the Eldridge factors countenancing a suspension without the opportunity for a hearing on that point. As to the first factor, the private interest at issue is significant, although not, per Dixon, so significant as to categorically require a hearing. The risk of an erroneous deprivation, moreover, is high. The question of whether a driver is truly unable to pay her traffic debt will frequently be fact-intensive and may hinge on the ability of the driver to credibly testify to the details of her economic circumstances, including her health, family situation, resources, and employment options. A failure to afford at least some hearing, therefore, would carry a substantial risk of a plaintiff’s license being erroneously suspended—a risk that would be mitigated simply by providing appropriate procedures. The second and third
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factors, therefore, would favor granting a hearing. Finally, the government’s interest in suspending the debtor’s license prior to such hearing is minimal. The purpose of suspending a license for nonpayment of traffic debt is encouraging payment, not taking dangerous drivers off the road. The defendants have identified no reason to conclude that the brief delay that might be occasioned by the need for a hearing on indigence would lessen the impact of that collection mechanism in any meaningful way. On the other hand, if a driver who is willing but unable to pay her traffic debt is not entitled to an exception, then Tennessee’s regime is, at least, more like the automatic system of suspensions at issue in Dixon in terms of the risk of an erroneous deprivation, albeit without the same safety considerations.
If, therefore, the plaintiffs succeed in establishing that Tennessee’s suspension scheme must account for their indigence, they are also likely to succeed with regard to the claim that the process afforded them was insufficient in failing to grant them a full indigence hearing prior to their suspensions going into effect. If, on the other hand, the plaintiffs do not prevail on the theory underlying their other claims, the process that TDSHS afforded them is more likely to have been sufficient—although the particular administrative details of the notice provided and the effective date of the suspensions would still present factual issues requiring resolution. The court, accordingly, will deny the motions to dismiss as to Count II.
V. MOTION TO CERTIFY CLASS Still pending is the plaintiffs’ Motion to Certify Class filed on November 19, 2017. (Docket No. 13.) Because that motion was premised on the original Complaint, it does not reflect the inclusion of Booher as a plaintiff, nor does it reflect the fact that the court is, contemporaneously with this motion, dismissing Gaskill and the City of Mt. Juliet as parties. The question, therefore, naturally arises of whether the court should treat the plaintiffs’ certification
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motion as moot. Those intervening changes, however, are primarily relevant to the plaintiffs’ proposed subclasses. The question of whether to certify the plaintiffs’ statewide class, as a whole, remains essentially undisturbed by the plaintiffs’ fleshed-out allegations and the loss of some, but not all, City Defendants. Purkey, moreover, has fully briefed his opposition to the certification motion with regard to the statewide class. (Docket No. 84.) The court, accordingly, will consider the plaintiffs’ motion with regard to the statewide class and otherwise deny it as moot, with the understanding that the plaintiffs may renew their request for certification of particular subclasses in the wake of this opinion.
The principal purpose of class actions is to achieve efficiency and economy of litigation, both with respect to the parties and the courts. Gen. Tel. Co. v. Falcon, 457 U.S. 147, 159, (1982). The Supreme Court has observed that, as an exception to the usual rule that litigation is conducted by and on behalf of individual named parties, “[c]lass relief is ‘peculiarly appropriate’ when the ‘issues involved are common to the class as a whole’ and when they ‘turn on questions of law applicable in the same manner to each member of the class.’” Id. at 155 (quoting Califano v. Yamasaki, 442 U.S. 682, 701 (1979)). The Court directs that, before certifying a class, district courts must conduct a “rigorous analysis” of the prerequisites of Rule 23 of the Federal Rules of Civil Procedure. Falcon, 457 U.S. at 161. The Sixth Circuit has stated that district courts have broad discretion in deciding whether to certify a class but that courts must exercise that discretion within the framework of Rule 23. Coleman v. Gen. Motors Acceptance Corp., 296 F.3d 443, 446 (6th Cir. 2002); In re Am. Med. Sys., Inc., 75 F.3d 1069, 1079 (6th Cir. 1996).
Although a court considering class certification may not inquire into the merits of the underlying claim, a class action may not be certified merely on the basis of its designation as such in the pleadings. See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178 (1974); In re Am.
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Med. Sys., Inc., 75 F.3d at 1079. In evaluating whether class certification is appropriate, “it may be necessary for the court to probe behind the pleadings,” as the issues concerning whether it is appropriate to certify a class are often “enmeshed” within the legal and factual considerations raised by the litigation. Falcon, 457 U.S. at 160; see also In re Am. Med. Sys., Inc., 75 F.3d at 1079; Weathers v. Peters Realty Corp., 499 F.2d 1197, 1200 (6th Cir. 1974). Moreover, the party seeking class certification bears the burden of establishing that the requisites are met. See Alkire, 330 F.3d at 820; Senter v. Gen. Motors Corp., 532 F.2d 511, 522 (6th Cir. 1976).
Purkey argues that the plaintiffs are not entitled to certification of their class for five reasons: (1) they have failed to produce appropriate evidence sufficient to meet their burden under Rule 23; (2) they cannot satisfy the numerosity requirement because they have not demonstrated what portion of people with suspended licenses are indigent; (3) they cannot satisfy the commonality requirement because the population of drivers with suspended licenses involves substantial variation in the issues and postures presented by each individual case; (4) they similarly cannot satisfy the typicality requirement because the plaintiffs’ proving their own right to relief would not necessarily establish the right to relief of others; and (5) they cannot satisfy Rule 23(b)(2) because they cannot identify a form of injunctive relief that would be applicable to the class as a whole. A. Reliance on Declarations of Claudia Wilner and Edward Krugman
Purkey objects to the plaintiffs’ reliance, in their motion for class certification, on 28 U.S.C. § 1746 declarations of Claudia Wilner and Edward Krugman, which address a number of foundational facts regarding the proposed class and Tennessee’s policy of suspending driver’s licenses for nonpayment of traffic debt. (Docket Nos. 18 & 19.) Wilner and Krugman are among the plaintiffs’ lawyers, and Purkey asks the court to disregard their declarations on the ground
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that they have inappropriately proffered themselves as fact witnesses in a case where they are also serving as counsel.
Under Tennessee’s Rules of Professional Conduct, “[a] lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless” one of three enumerated exceptions applies. Tenn. Sup. Ct. R. 8, RPC 3.7(a); see also Local R. 83.01(e)(4) (“The standard of professional conduct of the members of the bar of this Court shall include the current Tennessee Code of Professional Responsibility, Tenn. Sup. Ct. R. 8.”). Rule 3.7(a), at least by its text, specifically applies to activity “at trial,” and does not directly address preliminary stages, such as a motion for class certification. Nevertheless, Rule 3.7(a) may be implicated by these earlier proceedings if an attorney’s activities or statements are such that they would make her “likely to be a necessary witness” when the time for trial arrives.
Most, if not all, of Wilner’s declaration, however, falls under Rule 3.7(a)’s exception expressly permitting an attorney to provide “testimony relat[ing] to the nature . . . of legal services rendered in the case.” Tenn. Sup. Ct. R. 8, RPC 3.7(a)(2). Wilner describes her role in this litigation, as well as the role of the various organizations and the Tennessee law firm that are working together in their representation of the plaintiffs in this case. (Docket No. 18 ¶¶ 1, 7–9.) These facts, moreover, are offered in support of establishing adequacy of representation under Fed. R. Civ. P. 23(a)(4)—which, Purkey concedes, he does not contest. (Docket No. 84 at 7.) The plaintiffs’ reliance on the Wilner declaration, therefore, is unproblematic.
Krugman’s declaration touches more broadly on facts relevant to the plaintiffs’ claims, particularly background facts about the necessity of driving in Tennessee. Simply stating a fact at the class certification stage, however, does not necessarily make an attorney a necessary witness at trial. For example, many of the facts to which Krugman attests merely involve summarizing
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census data. (Docket No. 19 ¶¶ 3–7.) “[P]ublic records and government documents available from reliable sources” are generally appropriate for judicial notice. U.S. ex rel. Dingle v. BioPort Corp., 270 F. Supp. 2d 968, 972 (W.D. Mich. 2003). Official publications of public authorities, moreover, are self-authenticating under Rule 902(5) of the Federal Rules of Evidence. See Fair Hous. Ctr. of Sw. Mich. v. Hunt, No. 1:09-CV-593, 2011 WL 710666, at *3 (W.D. Mich. Feb. 23, 2011) (“Publications of the U.S. Bureau of Census are self-authenticating . . . .”). A summary of the type offered by Krugman may be admissible at trial under Rule 1006 of the Federal Rules of Evidence, which permits a party to use “a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court,” or, in the alternative, may be appropriate for presentation to a factfinder as a Rule 611(a) pedagogical device. See United States v. Bray, 139 F.3d 1104, 1111 (6th Cir. 1998). Purkey has not raised any ground for disputing Krugman’s summary of the census data—taking issue only with the messenger, not the message. Under Rule 3.7(a), however, the content of the message matters. Specifically, the rule expressly permits an attorney to provide “testimony relat[ing] to an uncontested issue.” Tenn. Sup. Ct. R. 8, RPC 3.7(a)(1). Purkey has had the opportunity to establish that the census tabulations are contested, and he has not done so. Krugman’s declaration is therefore permissible in that regard.
Krugman also cites to and authenticates statistics that the plaintiffs received from TDSHS regarding suspensions and reinstatements based on failure to pay traffic debt and/or failure to appear. (Docket No. 19 ¶ 11.) Purkey, again, does not dispute the accuracy or authenticity of the data presented. There is no reason, then, that Krugman should be considered a necessary witness with regard thereto.
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Krugman does draw the court’s attention to one third-party source related to the effects of driver’s license suspensions. (Id. ¶ 1 (citing Missed Opportunity: Transit and Jobs in Metropolitan America (“Brookings Report”)13.) If Krugman were planning to testify at trial regarding the credibility and contents of that report, it would indeed likely pose a problem under Rule 3.7(a). Unless Purkey disputes the report’s very existence, however, Krugman’s merely informing the court that the report is available is not fact testimony on a contested issue. In any event, the court does not rely on the Brookings Report for its certification decision. B. Numerosity
Purkey argues next that the plaintiffs cannot establish that their proposed class is sufficiently numerous to warrant certification under Rule 23. The suspension data that TDSHS provided to the plaintiffs suggests that, from the period of January 1, 2012, to December 31, 2016, at least 183,252, and as many as 256,064, drivers had their driver’s licenses suspended for failure to pay traffic debt.14 (Docket No. 19 ¶ 11.) Although many of those drivers have had their licenses reinstated, at least 80,000 and as many as 134,235 have not. There is, therefore, plainly a numerous population of people suffering from Traffic Debt suspensions. Purkey argues, however, that there is no way to know how many of those people were indigent. The plaintiffs, he argues, have therefore failed to demonstrate numerosity.
Rule 23(a)(1) requires that the class be so numerous that joinder of all members is impracticable. Although there is no strict numerical test, substantial numbers usually satisfy the numerosity requirement. Gilbert v. Abercrombie & Fitch Co., No. 2:15-cv-2854, 2016 WL
13 Available at https://www.brookings.edu/research/missed-opportunity-transit-and-jobs-in-metropolitanamerica/. 14 The data provided codes suspensions as either “Failure to Pay,” “Failure to Appear,” or “Failure to Pay/Appear.” The different numbers used by the court reflect whether “Failure to Pay/Appear” is included in the total of suspensions for failure to pay. (Docket No. 19 ¶ 11.) The court’s numerosity analysis, however, does not depend on using the larger of the numbers.
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4159682, at * 4 (S.D. Ohio Aug. 5, 2016) (citing Daffin v. Ford Motor Co., 458 F.3d 549, 552 (6th Cir. 2006)). “There is no magic minimum number that will breathe life into a class.” Russo v. CVS Pharmacy, Inc., 201 F.R.D. 291, 294 (D. Conn. 2001) (quoting Jones v. CCH-LIS Legal Info. Servs., 1998 WL 671446, *1 (S.D.N.Y. Sept.28, 1998)). The plaintiff must show some evidence of or reasonably estimate the number of class members, and, in assessing numerosity, the court may make common sense assumptions without the need for precise quantification of the class. Id.
Purkey is correct that the plaintiffs have not put forth evidence that would allow the court to know precisely how many of the people whose driver’s licenses were suspended are indigent. However, “the exact number of class members need not be pleaded or proved” for a class to be certified, as long as the class representatives can show that joinder would be impracticable. Golden v. City of Columbus, 404 F.3d 950, 965–66 (6th Cir. 2005) (quoting McGee v. E. Ohio Gas Co., 200 F.R.D. 382, 389 (S.D. Ohio 2001)). Facts, common sense, and the basic features of the statutes at issue all dictate that there is little doubt that that is the case here. The nature of Tennessee’s scheme is that every person who cannot pay her traffic debt will face suspension unless she happens to receive some form of discretionary relief from a court. To deny that there are a substantial number of indigent debtors facing suspension, then, is essentially to deny that indigent debtors exist at all—or, at the very least, to assume, based on no evidence, that all or virtually all of those debtors have received relief that is, by its own terms, wholly discretionary. Such a possibility is decidedly implausible.
The plaintiffs’ statewide class would be sufficiently numerous, even if only a small percentage of the people whose licenses have been suspended turned out to be indigent. Even if one relies on the lowest provided number for failure-to-pay suspensions and assumes that merely
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2% of those drivers with outstanding suspensions are indigent, then the statewide class would still number more than 1,600 people, a number easily too high to make joinder practicable. See In re Nortel Networks Corp. ERISA Litig., No. 3:03-MD-01537, 2009 WL 3294827, at *4 (M.D. Tenn. Sept. 2, 2009) (“[T]he sheer number of potential litigants, especially if it is more than several hundred, can be the only factor needed to satisfy Rule 23(a)(1).”) (citing Bacon v. Honda of Am. Mfg. Inc., 370 F.3d 565, 570 (6th Cir. 2004)); Allard v. SCI Direct, Inc., No. 16-CV01033, 2017 WL 3236448, at *3 (M.D. Tenn. July 31, 2017) (“The modern trend for meeting the numerosity factor is to require at a minimum ‘between 21 and 40’ class members.”) (quoting Rodriguez v. Berrybrook Farms, Inc., 672 F. Supp. 1009, 1013 (W.D. Mich. 1987); Roman v. Korson, 152 F.R.D. 101, 105-06 (W.D. Mich. 1993)). The court will not deny certification for failure to satisfy Rule 23(a)(1). C. Commonality and Typicality
Purkey’s latter two objections under Rule 23(a) raise the same issue from different angles. Although the plaintiffs have all faced suspensions for nonpayment of traffic debt and all claim that they are willing, but unable, to pay what they owe, their particular circumstances do differ, both with regard to the details of the cases from which their traffic debt arose and with regard to their current barriers to reinstatement. The class members, as well, will differ. Tennessee has numerous judicial districts, courts, and clerks’ offices that deal with a wide array of defendants. The practices for assessing and dealing with traffic debt may well vary substantially from court to court, from judge to judge, and from case to case. The questions then arise: (1) do all of the indigent people facing or living with suspensions truly suffer a common injury; and (2) are the plaintiffs’ injuries truly typical of those injuries?
1. Commonality
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Purkey is correct that the plaintiffs seek to assert claims for a diverse class of plaintiffs. The commonality requirement, however, does not simply call for the court to list all of the traits that can be ascribed to the various class members and tally up the differences. “Commonality” refers to commonality with regard to the specific claims asserted. In order for the court to certify the class under Rule 23, the class members’ claims must depend upon a common contention of such a nature that it is capable of class-wide resolution. In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig., 722 F.3d 838, 852 (6th Cir. 2013). Variation in the ancillary details of the class members’ cases is insufficient to defeat certification, as long as “[i]t is unlikely that differences in the factual background of each claim will affect the outcome of the legal issue.” Bacon, 370 F.3d at 570 (quoting Califano v. Yamasaki, 442 U.S. 682, 701 (1979)).
The claims of all the plaintiffs in this case share at least two central questions: (1) whether Tennessee can suspend a driver’s license for failure to pay traffic debt without the opportunity to establish that the debtor is entitled to an exception based on her indigence; and (2) what minimum procedures the state must afford a debtor facing suspension. As the court has already discussed, those two questions implicate a number of legal and factual sub-issues, which will also be shared by the class. Moreover, while the individual cases of the different class members may vary substantially, those variations are immaterial to the categorical right that the plaintiffs have asserted. If the plaintiffs had cast their net more widely and sought to litigate the general fairness of Tennessee’s system of traffic debt, Purkey might be correct that the substantial amount of local and case-by-case variation would make class certification impossible. The plaintiffs, however, are not asking the court to consider the constitutionality of every debt assessment, collection effort, or clerk’s office policy. They complain of a specific injury: the suspension of a person’s driver’s license for nonpayment of traffic debt without the opportunity
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to demonstrate that the person is entitled to an exception from suspension based on her indigence. That injury is common throughout the proposed class, as are the questions of law and fact underlying it.
Purkey argues next that the plaintiffs cannot show commonality, because the various members of the class will face various cumulative barriers to regaining their driving privileges. As the court has already held, however, this case is not merely about the binary question of whether each class member has or does not have a driver’s license, but also the question of what barriers they must overcome to get those driver’s licenses back. Commonality with regard to the barrier at issue in this case is not defeated by a lack of commonality with regard to the unrelated obstacles that the various class members face.
2. Typicality The typicality requirement is met if the class members’ claims are fairly encompassed by the named plaintiffs’ claims. This requirement ensures that the class representatives’ interests are aligned with the interests of the represented class members so that, by pursuing her own interests, the class representative also advocates the interests of the class members. Whirlpool, 722 F.3d at 852–53. Thus, a plaintiff’s claim is typical if it arises from the same event or practice or course of conduct that gives rise to the claims of other class members and if her claims are based on the same legal theory. In re Am. Med. Sys., Inc., 75 F.3d 1069, 1082 (6th Cir. 1996). Commonality and typicality tend to merge because both of them serve as guideposts for determining whether, under the particular circumstances, maintenance of a class action is economical, and whether the plaintiff’s claims and the class claims are so interrelated that the interests of the class members will be fairly and adequately protected in their absence. Young v. Nationwide Mut. Ins. Co., 693 F.3d 352, 542 (6th Cir. 2012).
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In this instance, with commonality established, typicality readily follows. The plaintiffs’ underlying economic situations and the details of their cases may be unique to them, but, with regard to the issues central to their claims, the plaintiffs are as typical as any member of the class. Because they have faced and received suspensions for nonpayment of traffic debt that they are unable to pay, they are typical. D. Rule 23(b)
Purkey’s argument regarding Rule 23(b) mirrors his arguments on commonality and typicality and, ultimately, succumbs to the same flaws. After a plaintiff shows that she satisfies all of the requirements of Rule 23(a), she must establish that “the class [she] seeks to represent falls within one of the subcategories of Rule 23(b).” Senter, 532 F.2d at 522. The plaintiffs rely on Rule 23(b)(2), which covers situations in which “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” Fed. R. Civ. P. 23(b)(2). Rule 23(b)(2) permits certification only for “those classes with homogeneous interests” relative to the relief sought. McDonald v. Franklin Cty., Ohio, 306 F.R.D. 548, 558 (S.D. Ohio 2015) (quoting Coleman, 296 F.3d at 447). Rule 23(b)(2) is well suited to cases, such as this one, where class representatives allege an injury inherent to the administration of a blanket government policy. See Daffin v. Ford Motor Co., No. C-1-00-458, 2004 WL 5705647, at *5 (S.D. Ohio July 15, 2004) (“Although not limited to civil rights suits, 23(b)(2) was plainly designed . . . to address them . . . .”), aff’d, 458 F.3d 549.
Purkey again attempts to defeat class certification by pointing to the array of differing cumulative barriers faced by the members of the class. This case, though, is not about those barriers. Purkey points out that some class members will pose greater safety threats than others.
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Failure to pay traffic debt, however, has nothing to do with safety risk. Tennessee has other provisions for the loss of driving privileges for reasons related to safety. See, e.g., Tenn. Code Ann. § 55-50-501(a)(1) (calling for revocation based on conviction for vehicular homicide), (a)(2) (calling for revocation based on conviction for driving under the influence). No driver who would receive relief under the remedies sought by the plaintiffs would be, in any way, exempt from the full panoply of laws designed to assess drivers’ competence and safety on the road and to limit the risk that particularly dangerous drivers pose to themselves and those around them. A drunk driver is a drunk driver, whether she paid her traffic debt or not, and the law will treat her accordingly, regardless of whether the plaintiffs prevail on their claims here. The issues identified by Purkey create no obstacle to satisfying Rule 23(b)(2). E. Propriety of Certification
Purkey identifies no other grounds for denying class certification here, and the court finds that all of the remaining requirements for certification of the statewide class are met. Rule 23(a)(4) requires the court only to certify the class if “the representative parties will fairly and adequately protect the interests of the class.” That requirement considers both general commonality of interests and whether the putative representative “will vigorously prosecute the interests of the class through qualified counsel.” Gonzales v. Cassidy, 474 F.2d 67, 73 (6th Cir. 1973). Purkey has conceded that he does not dispute that requirement, and the record provides ample basis for concluding that the plaintiffs’ representation will be adequate. The plaintiffs have also satisfied Rule 23(a)(1), (2), and (3) by showing numerosity, commonality, and typicality, and they have demonstrated that their case falls within the boundaries of Rule 23(b)(2). Rule 23(c)(1) directs this court to determine whether to certify a class “[a]t an early practicable time after a person sues or is sued as a class representative,” and there appear to be no more
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substantive questions remaining regarding whether certification is appropriate here. The court, accordingly, will certify the proposed statewide class.
VI. MOTION FOR PRELIMINARY INJUNCTION The plaintiffs filed their Motion for Preliminary Injunction on September 21, 2017. (Docket No. 25.) Despite the parties’ representations that they expected that a hearing would have been held on that motion by now, one has not. In at least one regard, however, the parties’ briefing is adequate to allow the court to move at least a step closer to addressing that longpending motion. The Sixth Circuit has held that the district court must balance four factors when considering a motion for preliminary injunction under Federal Rule of Civil Procedure 65: (1) whether the movant has a strong likelihood of success on the merits; (2) whether the movant would suffer irreparable injury without the injunction; (3) whether the issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by the issuance of the injunction. City of Pontiac Retired Emps. Ass’n v. Schimmel, 751 F.3d 427, 430 (6th Cir. 2014) (citing PACCAR Inc. v. TeleScan Techs., LLC, 319 F.3d 243, 249 (6th Cir. 2003)). The first factor—likelihood of success on the merits—overlaps heavily, if not entirely, with the issues already briefed. In the interest of conserving resources and expediting resolution of the motion, the court will consider that factor here and set an evidentiary hearing related to the three remaining considerations.15 As the court has detailed at length, the plaintiffs have articulated a compelling argument, based in well-settled and viable Supreme Court precedent, that Tennessee’s regime of
15 The court notes, however, that, because this is a constitutional case, at least some irreparable injury is likely to be presumed, based on the rule that, “if it is found that a constitutional right is being threatened or impaired, a finding of irreparable injury is mandated.” Bonnell v. Lorenzo, 241 F.3d 800, 809 (6th Cir. 2001).
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suspending licenses without an effective, non-discretionary safety valve for the truly indigent violates both equal protection and due process principles. That conclusion, moreover, carries with it the inevitable implication that drivers’ procedural due process rights have been violated as well, because drivers whose licenses have been suspended were never afforded the opportunity to make a showing under that standard. The only factual investigation necessary to confirm at least the general validity of the plaintiffs’ theory is to confirm whether they are correct in their assertion that lack of a driver’s license is, indeed, likely to exacerbate an individual’s indigence and make the already-indigent debtor less able to pay her debts. While additional testimony might be helpful in understanding the precise contours of the hardship that a lack of a license inflicts, judicial notice is more than sufficient to establish that that hardship is real and substantial.
Rule 201 of the Federal Rules of Evidence permits a court, either by motion of a party or on its own motion, to “judicially notice a fact that is not subject to reasonable dispute because it” either “(1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Among other things, judicial notice permits a court to acknowledge certain indisputable foundational facts about life in a jurisdiction, such as the region’s geography, see Tucker v. Outwater, 118 F.3d 930, 935 (2d Cir. 1997), its recurring weather conditions, see Stephan v. Transp. Ins. Co., 140 F. App’x 340, 341 (3d Cir. 2005), or widely known demographic facts about its workforce, see Caulfield v. Bd. of Educ. of City of N.Y., 486 F. Supp. 862, 885 (E.D.N.Y. 1979), aff’d, 632 F.2d 999 (2d Cir. 1980). Where appropriate, judicial notice may extend to indisputable realities of an area’s economic life—for example, that a state or region lacks a certain industry, see United States v. Ramirez, 910 F.2d 1069, 1071 (2d Cir. 1990),
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or that a particular consumer good is widely available, see United States v. Various Articles of Obscene Merch., Schedule No. 2102, 709 F.2d 132, 137 (2d Cir. 1983).
By the same principle, a court is permitted to take judicial notice of commonly known and indisputable facts about a city or region’s transportation infrastructure. See, e.g., Witter v. Delta Air Lines, Inc., 138 F.3d 1366, 1370 (11th Cir. 1998) (taking judicial notice that “Atlanta is home to Hartsfield Atlanta International Airport, one of the busiest airports in the country”). Indeed, courts have, where appropriate, specifically taken judicial notice of the necessity of motor vehicle travel for certain work or life activities. See Southerland v. St. Croix Taxicab Ass’n, 315 F.2d 364, 367 (3d Cir. 1963) (“The District Court was entitled to take judicial notice of the fact, as do we, that the Alexander Hamilton Airport is located in a rural part of St. Croix, some miles from the hotels and towns of the island and that it is served by no regular public transportation facilities.”); United States v. Lopez, No. 05-CR-593, 2007 U.S. Dist. LEXIS 26170, at *13 n.14 (E.D. Pa. Mar. 26, 2007) (“The Court takes judicial notice that the motel in question is in King of Prussia, Pennsylvania, approximately 20 miles outside of Philadelphia, in an area that is not readily served by public transportation and is otherwise generally inaccessible without a car.”); cf. Susman v. N. Star Tr. Co., 30 N.E.3d 622, 628 (Ill. App. Ct. 2015) (“This court, which is located in Chicago, Cook County, may take judicial notice of the fact that Lake County is adjacent to Cook County and that many people commute every day from Lake County to work in Chicago.”). Of particular relevance to this case, the Supreme Court itself appears to have had little hesitation in observing that “[a]utomobile travel . . . is a basic, pervasive, and often necessary mode of transportation,” Prouse, 440 U.S. at 662, or in referring to driving as “a virtual necessity for most Americans.” Wooley, 430 U.S. at 715.
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With the foregoing principles in mind, the court takes judicial notice of the following. First, the court judicially notices that the public transportation available in Tennessee is widely insufficient to provide an adequate substitute for access to private motor vehicle transportation. Second, the court judicially notices that the services, businesses, homes, and workplaces throughout Tennessee are so geographically diffuse that navigating life in the state wholly on foot is impracticable for all but perhaps a few Tennesseans. Third, the court judicially notices that a number of obstacles prevent non-motorized transportation, such as bicycles, from providing an adequate alternative to driving in Tennessee, including (1) the aforementioned geographically diffuse pattern of development; (2) the need to travel on interstates and highways; (3) safety concerns associated with using non-motorized travel in areas without paths dedicated to that purpose; (4) the lack of such dedicated paths on numerous important roads within the state; and (5) the fact that many Tennesseans face physical limitations that would not prevent them from driving but that would sharply limit their use of a bicycle or other human-powered mode of transportation.
Based on its judicial notice of these aforementioned facts, the court concludes that it is beyond dispute that, at least as a general proposition, the cities, towns, and communities of Tennessee are pervasively structured around the use of motor vehicles. Anyone who doubts that premise is welcome to attempt to run a day’s worth of errands in a rural Tennessee county with no car and very little money. The centrality of motor vehicle travel is, moreover, not solely a rural problem. Even the relatively dense city of Nashville, where the court sits, is deeply reliant on motor vehicle transport. If any city in this jurisdiction could be expected to be reasonably navigable without driving, it would be Nashville—and the court takes judicial notice that, to the contrary, Nashville is a city where motor vehicle travel is, for the vast majority of the population,
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an essential part of ordinary life, particularly for anyone seeking to maintain or build economic

self-sufficiency.

All of these facts, together, leave very little room for doubt regarding the plaintiffs’

assertion that an indigent person who loses her driver’s license is only going to be made less

likely to be able to meet the ordinary expenses of life, let alone pay hundreds of dollars in traffic

debt. With that premise established, the plaintiffs have also established their strong likelihood of

success under the Griffin line of cases and under Strange. With regard to the other three factors,

however, the court cannot yet make a determination. The court, accordingly, will set an

evidentiary hearing on those issues.

VII. CONCLUSION

For the foregoing reasons, the City Defendants’ Motion to Dismiss (Docket No. 118), the

County Defendants’ Motion to Dismiss (Docket No. 121), and Purkey’s Motion to Dismiss

Plaintiffs Robinson, Sprague, and Gibbs (Docket No. 128) will be granted in part and denied in

part. Purkey’s Motion to Dismiss Plaintiff Brianna Booher (Docket No. 131) will be denied. The

plaintiffs’ claims alleging violation of procedural due process regarding suspensions of which the

plaintiffs had actual notice more than one year before the filing of this case will be dismissed, as

will all claims against Susan Gaskill and Mt. Juliet. The plaintiffs’ Motion to Certify Class

(Docket No. 13) will be granted with regard to the statewide class and otherwise denied, without

prejudice, as moot. A hearing will be ordered on the plaintiffs’ Motion for Preliminary Injunction

(Docket No. 25).

An appropriate order will enter.

ENTER this 11th day of June 2018.

______________________________ ALETA A. TRAUGER United States District Judge

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Deborah S. Hunt Clerk

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. (513) 564-7000 www.ca6.uscourts.gov

Filed: May 20, 2020
Mr. Andrew Bolter Campbell Mr. Alexander Stuart Rieger Office of the Attorney General of Tennessee P.O. Box 20207 Nashville, TN 37202-0207
Mr. Jonathan Jacob Cole Baker Donelson 211 Commerce Street Suite 800 Nashville, TN 37201
Mr. Premal Dharia Mr. Edward P. Krugman Ms. Tara Mikkilineni Civil Rights Corps 910 17th Street, N.W., Suite 200 Washington, DC 20006
Mr. William R. Maurer Institute for Justice 600 University Street,Suite 1730 Seattle, WA 98101
Mr. Matthew George White Baker, Donelson, Bearman, Caldwell & Berkowitz 165 Madison Avenue Suite 2000 Memphis, TN 38103
Ms. Claudia Eleaza Wilner National Center for Law and Economic Justice 275 Seventh Avenue, Suite 1506 New York, NY 10001

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Case: 18-6121 Document: 54-1 Filed: 05/20/2020 Page: 2

Re: Case No. 18-6121, Fred Robinson, et al v. Jeff Long Originating Case No. : 3:17-cv-01263
Dear Counsel, The Court issued the enclosed opinion today in this case.
Sincerely yours,

cc: Mr. Kirk L. Davies Enclosure Mandate to issue

s/Cathryn Lovely Opinions Deputy

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NOT RECOMMENDED FOR PUBLICATION File Name: 20a0285n.06

No. 18-6121

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

FRED ROBINSON, ASHLEY SPRAGUE, and )

JOHNNY GIBBS, on behalf of themselves and all )

others similarly situated,

)

)

Plaintiffs-Appellees,

)

)

v.

)

)

JEFF LONG,

)

Commissioner of the Tennessee Department of )

Safety and Homeland Security, in his official )

capacity,

)

)

Defendant-Appellant.

)

FILED
May 20, 2020 DEBORAH S. HUNT, Clerk
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

BEFORE: COLE, Chief Judge; BOGGS and SUTTON, Circuit Judges. BOGGS, Circuit Judge. Tennessee law permits the state to suspend the driver’s licenses of
individuals who have failed to pay fines associated with certain traffic violations. Plaintiffs-appellees sued to enjoin the policy and the district court granted a preliminary injunction, ruling that the policy violated the Fourteenth Amendment. During the pendency of this appeal, we decided Fowler v. Benson, 924 F.3d 247, 252 (6th Cir. 2019), which held that Michigan’s policy of suspending driver’s licenses for unpaid traffic fines “does not run afoul of the Fourteenth Amendment.” Because Tennessee’s policy is nearly identical to Michigan’s policy, Fowler governs the disposition of this case. We therefore reverse the district court’s grant of a preliminary injunction.
I. Background Tennessee Code Annotated § 55-50-502(a)(1)(H) authorizes Tennessee’s Department of Safety and Homeland Security to suspend the driver’s license of any individual who “[h]as been

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finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense[.]”1 The three named plaintiffs in this suit have all had their licenses suspended for such nonpayment, and claim that they are representative of a class of over 34,000 Tennesseans who have had their licenses suspended and cannot pay to reinstate them.2 The record shows that at all times between 2014 and 2018, there were more than 250,000 licenses suspended due to nonpayment of such traffic debt, and that as of 2018, there were 610,669 unresolved suspensions (some drivers have multiple unresolved suspensions).
The plaintiffs filed suit under 42 U.S.C. § 1983, seeking to enjoin Tennessee from “suspending driver’s licenses without providing notice and without considering ability to pay[.]” After the district court denied Tennessee’s motion to dismiss and certified the class, the plaintiffs moved for a preliminary injunction. In evaluating the plaintiff’s motion, the district court first explained that the license-suspension policy imposed a harsher sanction on indigent drivers than

1 The full statutory provision at the time of the plaintiffs’ suspensions stated:
The department [of Safety and Homeland Security] is authorized to suspend the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee: . . . (H) Has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense; provided, however, that, in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, prior to the suspension of a license, the local court or court clerk of the jurisdiction shall offer an installment payment plan, and for so long as the licensee complies with the plan, the department may not suspend the license pursuant to this subdivision (a)(1)(H). Tenn. Code Ann. § 55-50-502(a)(1)(H).
During the pendency of this appeal, Tennessee amended Tenn. Code Ann. § 55-50-502 to allow the possibility of creating a payment plan for those who request one. This change does not moot this appeal, however, because the plaintiffs suggest that the amended statute is still unconstitutional as it does not provide an ability-to-pay hearing.
2 Fred Robinson owes $441 in traffic fines for speeding and for failing to maintain valid insurance. To recover his license, he must pay the debt as well as an additional $323 “reinstatement fee.” Robinson attests that he cannot pay the $764 that he owes in total because he receives only $759 in Social Security Disability payments each month. Ashley Sprague’s license was first suspended in 2016 due to nonpayment of $477.50 in traffic tickets. Since then, she has received additional tickets for failing to have proof of insurance and for driving on a suspended license. To recover her license, she now owes $946 in fines and a $388 reinstatement fee, totaling $1,334. Sprague attests that she cannot pay the full amount because she is a single mother of five children and her job only pays minimum wage. Plaintiff Johnny Gibbs owes a total of $1,382.50 for fines dating back to 2002 and for his reinstatement fee. He attests that he cannot pay the fees because he earns only around $30 to $40 per week because he cannot obtain consistent work without a license.
-2-
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on non-indigent ones. Although the court recognized that rational-basis review generally applies to distinctions based on indigency, it reasoned that a “more searching inquiry” should apply to the license-suspension policy because it threatened to “exacerbate the indigents’ poverty.” The district court reasoned that, regardless of the level of scrutiny, the policy was not rationally related to Tennessee’s stated goals of debt collection or traffic safety, because “[a] driver’s license suspension cannot coerce an indigent person into paying his traffic debt,” and because “safety and risk bear no relationship to the [wealth-based] distinction” created by the statute. The district court therefore concluded that the policy was unconstitutional and granted the preliminary injunction.
While Tennessee’s appeal was pending, we decided Fowler v. Benson, in which we held that a nearly identical license-suspension policy from Michigan was constitutional. 924 F.3d at 252. Both the Tennessee and Michigan policies permit the state to suspend the driver’s license of individuals who have failed to pay a “fine” or “cost” associated with certain driving offenses. See Tenn. Code Ann. § 55-50-502(a)(1)(H); Mich. Comp. Law § 257.321a(2). Neither scheme creates an exception for drivers who are unable to pay the fines, and neither policy requires the state to consider a driver’s ability to pay before assessing the suspension. Because of the policies’ similarities, Fowler considered many of the same issues that are presented in this appeal. For example, Fowler considered whether Michigan’s policy constituted “impermissible wealth discrimination” and whether a court should review the policy under heightened scrutiny. Fowler, 924 F.3d at 260. Fowler also considered whether the policy violated the plaintiffs’ proffered “rights against extraordinary debt collection” under the Supreme Court’s decision in James v. Strange, 407 U.S. 128 (1972). Ibid. Ultimately, Fowler held that Michigan’s license-suspension policy “does not run afoul of the Fourteenth Amendment” and reversed a district court’s

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enjoinment of the policy. Id. at 252. Following Fowler, Tennessee sought and received a stay of the injunction, meaning that on appeal, the plaintiffs are asking that the injunction be reinstated.
II. Discussion A preliminary injunction is an “extraordinary and drastic remedy” that “is never awarded as of right[.]” Munaf v. Geren, 553 U.S. 674, 689–90 (2008). Generally, “[w]e measure the validity of the district court’s injunction by reference to four criteria: (1) whether the movant has a strong likelihood of success on the merits; [ (2) ] whether the movant would suffer irreparable injury without the injunction; (3) whether issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by the issuance of the injunction. Bailey v. Callaghan, 715 F.3d 956, 958 (6th Cir. 2013) (brackets in original). Yet when the preliminary injunction is granted “on the basis of a potential constitutional violation,” as is the case here, “the likelihood of success on the merits will often be the determinative factor,” which is a question of law that we review de novo. Ibid. On the merits, the parties primarily dispute the relevance of Fowler, and whether it should govern the disposition of this appeal. Fowler is a published opinion that was decided a little more than a year ago. It evaluated a nearly identical license-suspension policy from Michigan and considered many of the same issues presented in this appeal. It must therefore serve as the basis by which this appeal is evaluated. Notably, plaintiffs do not argue that the Tennessee and Michigan policies are distinguishable. Instead, they contend that we should not rely on Fowler because the opinion misinterpreted several key Supreme Court and Sixth Circuit precedents. However, we are “duty-bound to apply governing precedent,” Hubbell v. FedEx SmartPost, Inc., 933 F.3d 558, 571 (6th Cir. 2019), and “a departure from controlling precedent ‘demands special justification.’” Theile v. Michigan, 891 F.3d 240, 243 (6th Cir. 2018) (citation omitted). “[A] published prior panel decision ‘remains controlling authority unless an inconsistent decision of the United States

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Supreme Court requires modification of the decision or this Court sitting en banc overrules the prior decision.’” Sykes v. Anderson, 625 F.3d 294, 319 (6th Cir. 2010) (quoting Salmi v. Sec’y of Health & Human Servs., 774 F.2d 685, 689 (6th Cir. 1985)).
Moreover, many of the plaintiffs’ arguments for why Fowler was wrongly decided simply restate the same arguments that were presented in that case. For example, plaintiffs claim that Tennessee’s license-suspension policy constitutes impermissible wealth discrimination under Griffin v. Illinois, 351 U.S. 12 (1956), and its progeny, and also claim that the policy runs afoul of the Supreme Court’s prohibition against extraordinary debt collection as articulated in James v. Strange. We considered and rejected both arguments in Fowler. See Fowler, 924 F.3d at 260–61.
Plaintiffs do make one novel argument in an attempt to distinguish Fowler. They argue that the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), requires us to evaluate wealth-based distinctions with heightened scrutiny even outside of the criminal-justice context. M.L.B. involved a Mississippi mother who was unable to appeal the termination of her parental rights because she could not afford the record-preparation fees necessary for the appeal. Id. at 109. The Supreme Court, after applying heightened scrutiny, held that Mississippi’s policy of not allowing the mother to appeal in forma pauperis was unconstitutional. Id. at 127. In the plaintiffs’ view, M.L.B. requires us to evaluate Tennessee’s license-suspension policy under heightened scrutiny. But plaintiffs ignore the fact that M.L.B. took pains to note that the termination of parental rights creates “a unique kind of deprivation” that is not true of other civil penalties. Ibid. (quoting Lassiter v. Dep’t. of Soc. Servs. of Durham Cty., 452 U.S. 18, 27 (1981)). In fact, the Supreme Court has consistently “recogniz[ed] that parental termination decrees are among the most severe forms of state action” and that cases dealing with parental-rights terminations, “have not served as precedent in other areas.” Id. at 128 (emphasis added). Given the sharp difference

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in severity between a termination of parental rights and the suspension of one’s driver’s license, the plaintiffs’ reliance on M.L.B. in an effort to undercut Fowler is misplaced.
In short, plaintiffs present no valid reason for us to depart from Fowler’s conclusion that “[w]e review equal protection challenges to laws on grounds of ‘wealth-classification’ only to see if they have a rational basis.” Fowler, 924 F.3d. at 261. And Fowler also controls our review of the license-suspension policy for a rational basis. One of Tennessee’s stated goals for the policy is to encourage the payment of unpaid traffic fines. States have “legitimate interests in promoting compliance with court orders and in collecting traffic debt” and a state’s “choice to wield the cudgel of driver’s-license suspension for nonpayment of court debt dramatically heightens the incentive to pay.” Id. at 262–63. Plaintiffs arrived at their present position only after ignoring earlier opportunities that many violators of traffic rules have utilized. The rationale for upholding the Michigan scheme applies with equal force to the Tennessee one. Accordingly, we hold that Tennessee’s license-suspension policy is constitutional, and that the district court abused its discretion by committing an error of law in enjoining the policy.
* * *

For the foregoing reasons, we REVERSE the judgment of the district court and REMAND for proceedings consistent with this opinion.

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COLE, Chief Judge, concurring. I concur in judgment in light of the fact that Fowler v. Benson, 924 F.3d 247 (6th Cir. 2019), is binding precedent in this circuit. Because I believe that Fowler was wrongly decided, I write separately to note that if we were not constrained by Fowler, I would affirm the district court’s order granting a preliminary injunction.
Even under rational basis review, the challenged law is unconstitutional as applied to the certified plaintiff class, which consists only of Tennessee residents “who cannot now and could not at the time of [their license] suspension afford to pay [their traffic] debt.” (Dist. Ct. Op. re Class Cert., R. 151, PageID 2311, 2403.) Taking away residents’ driver’s licenses as punishment for their poverty furthers no legitimate government interest. It actively impedes the ability of the state to collect, as it hinders the ability of residents to earn money to pay their debt. See, e.g., Tate v. Short, 401 U.S. 395, 399 (1971) (finding that imprisoning drivers too poor to pay traffic fines, while ostensibly “imposed to augment the State’s revenues,” “obviously” impedes that purpose rather than serving it). The idea that license suspension will encourage indigent residents to pay their traffic debt is irrational. See Fowler, 924 F.3d at 272 (Donald, J., dissenting) (“It is difficult to rationalize. . . how suspending the driver’s license of a person who is truly unable to pay makes it any more likely that [the state] will recover the costs it seeks to collect.”); see also, e.g., Bearden v. Georgia, 461 U.S. 660, 670 (1983) (“Revoking the probation of someone who through no fault of his own is unable to make restitution will not make restitution suddenly forthcoming.”). Attempting to incentivize impoverished Tennessee residents to pay traffic debt by suspending their licenses is like trying to squeeze blood from a stone. Nothing will come but pain.
It is no answer to say that the presently impoverished plaintiffs may, at some unknown future time, come into money, and the current suspension of their driver’s licenses will incentivize them, at that time, to pay this debt before all others. Cf. Fowler, 924 F.3d at 263. From the moment

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the plaintiffs’ driver’s licenses are taken away until that hypothetical, future time when they acquire excess funds, their constitutional rights are violated by the state’s withholding of a vital property interest on the sole basis that they are too poor to pay. See, e.g., Cleveland v. United States, 531 U.S. 12, 25 n.4 (2000) (explaining that “individuals have constitutionally protected property interests in state-issued [driver’s] licenses”) (citing Bell v. Burson, 402 U.S. 535, 539 (1971)); Bearden, 461 U.S. at 671 (rejecting the notion that a state can “punish[] a person for his poverty”). While the plaintiffs remain indigent, offering them the opportunity to pay a fine or have their license taken away is an “illusory choice,” as an “indigent [person], by definition, is without funds.” Williams v. Illinois, 399 U.S. 235, 242 (1970).
Nor is it an answer to say that the suspension of the plaintiffs’ licenses furthers the state’s interest in compliance with traffic laws. Cf. Fowler, 924 F.3d at 262. Other Tennessee residents, who violated those same traffic laws, were able to keep their driver’s licenses upon payment of a fine. The only difference between those residents and the plaintiffs is that the plaintiffs are too impoverished to pay. A state cannot impose a harsher punishment on one resident than another for the same offense on the sole basis that one is unable to pay a fine. See Williams, 399 U.S. at 242; Tate, 401 U.S. at 399. Just as “the ability to pay costs. . . bears no rational relationship to a [criminal] defendant’s guilt or innocence,” the ability to pay fines bears no rational relationship to a resident’s fitness to drive. See Griffin v. Illinois, 351 U.S. 12, 17–18 (1956) (plurality).
By vacating the district court’s preliminary injunction, we allow Tennessee to deprive thousands of residents of their only means of obtaining food, accessing medical care, or getting to work. See Bell, 402 U.S. at 539 (describing driver’s licenses as “essential in the pursuit of a livelihood”). The district court found that for most Tennessee residents, “public transportation . . . is widely insufficient to provide an adequate substitute for access to private motor vehicle

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transportation.” (Dist. Ct. Op. re Prelim. Inj., R. 222, PageID 4003–04.) Stripping people of their driver’s licenses because of their inability to pay is not only cruel and unwise; it is unconstitutional. I regret that, until a change comes from the en banc court or the Supreme Court, Fowler forecloses us from rectifying this injustice.

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