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TENNESSEE CONFERENCE OF THE NATIONAL
ASSOCIATION FOR THE ADVANCEMENT OF COLORED
PEOPLE, on behalf of itself and its members,
Plaintiffs-Appellees,
v.
WILLIAM BYRON LEE, et al.,
Defendants,
MARK GOINS, in his official capacity as Coordinator of
Elections for the State of Tennessee; TRE HARGETT, in
his official capacity as Secretary of the State of
Tennessee,
Defendants-Appellants. |
No. 24-5546 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:20-cv-01039—William Lynn Campbell, Jr., District Judge.
Decided and Filed: June 28, 2024
Before: BUSH, LARSEN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
PER CURIAM. Tennessee law permits many convicted felons to vote, but it prohibits
many others from exercising the franchise. When processing registration forms submitted by
felons, then, state election officials must distinguish applicants who are eligible from those who
are not. To facilitate this review, these officials require some felon applicants to submit records
with their registration forms to confirm their eligibility. In this suit, the Tennessee Conference of
the NAACP alleged that this so-called “Documentation Policy” for felon applicants violated the
National Voter Registration Act (NVRA). A district court recently agreed and permanently
enjoined the policy in the middle of the 2024 election cycle. Tennessee’s Secretary of State and
Coordinator of Elections seek a stay of this injunction pending appeal.
We grant the stay for two reasons. First, the injunction triggers the Supreme Court’s
“Purcell principle,” which instructs federal courts not to disrupt state election rules close to an
election. See Purcell v. Gonzalez, 549 U.S. 1, 4–5 (2006) (per curiam). And here, the district
court issued its injunction less than a month before the looming July 2 registration deadline for
an August election. Second, the NAACP likely did not present enough evidence to prove its
standing to challenge the Documentation Policy. The NAACP claimed that the policy forced it
to divert its resources to help those convicted of felonies track down the records that they need to
register. But the conclusory declaration that the NAACP used to support this theory appears to
lack the “specific facts” that the NAACP needed to show its entitlement to summary judgment
on this standing question. Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992) (citation omitted). |
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AMERICAN RELIABLE INSURANCE COMPANY, et al.,
Plaintiffs-Appellants/Cross-Appellees,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee/Cross-Appellant. |
Nos. 22-6014/23-5439 |
Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville.
Nos. 19-cv-469; 19-cv-470; 19-cv-472; 19-cv-474; 19-cv-478—J. Ronnie Greer, District Judge.
Argued: January 31, 2024
Decided and Filed: June 28, 2024
Before: BOGGS, GILMAN, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
BOGGS, Circuit Judge. This case arises from a 2016 catastrophic wildfire in the
Great Smoky Mountains National Park in Eastern Tennessee that spread into the City of
Gatlinburg and Sevier County, Tennessee, resulting in the destruction of over 2,500
structures and the death of 14 people. Appellant insurance companies paid claims to policy
holders and then filed claims under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§ 1346(b), against the National Park Service (NPS), alleging negligence for failure to follow
multiple mandatory fire-management protocols in three major respects and for the failure to
issue mandatory warnings to the public.
The government filed a motion, under Rule 12(b)(1) of the Federal Rules of Civil
Procedure, to dismiss for lack of subject-matter jurisdiction, on grounds that it was immune
from suit under the discretionary-function exception to the FTCA. 28 U.S.C. § 2680(a).
The district court granted the motion on all three claims relating to fire-management
protocols, but denied the motion on claims relating to the duty to warn. The insurance
companies appealed, and the government cross-appealed.
. . .
For the reasons set forth above, we REVERSE the district court’s order granting the
government’s motion to dismiss Plaintiffs-Appellants’ incident-command claim. We AFFIRM
the district court’s dismissal of the fire-monitoring claim and the WFDSS claim as part of the
discretionary fire-suppression decision-making process. We AFFIRM the district court’s denial
of the government’s facial challenge to Plaintiffs-Appellants’ duty-to-warn claims, and
REMAND these claims for further proceedings consistent with this opinion. |
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MICHAEL ANDREW KITCHEN,
Plaintiff-Appellee,
v.
GRETCHEN WHITMER, Governor; HEIDI E.
WASHINGTON; BRIAN SHIPMAN,
Defendants-Appellants,
MICHAEL C. EAGEN,
Defendant. |
No. 22-2160 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:18-cv-11430—Laurie J. Michelson, District Judge.
Argued: October 25, 2023
Decided and Filed: June 28, 2024
Before: WHITE, NALBANDIAN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
NALBANDIAN, Circuit Judge. In 1987, a Michigan state court sentenced seventeen-year-old Michael Kitchen to forty-two to sixty years in prison. Under Michigan law, Kitchen is
not eligible for parole until he completes his minimum sentence. Mich. Comp. Laws
§ 791.234(1). This means he will not be considered for parole until he is nearly sixty. Kitchen
brought a pro se § 1983 suit challenging the statute against Michigan’s governor, the Department
of Corrections Director, and the chair of the Parole Board. He alleges that Michigan’s parole
statute violates his Eighth Amendment rights because it effectively keeps him in prison for life
without parole. Defendants’ chief response is that Kitchen’s case must be brought through
habeas corpus, not § 1983. Or they argue that Kitchen’s sentence satisfies the Constitution
because he is not serving a life sentence. The district court sided with Kitchen. But for the
reasons laid out below, we disagree with the district court and REVERSE and REMAND. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTWONE MIGUEL SANDERS,
Defendant-Appellant. |
No. 21-5945 |
On Petition for Rehearing En Banc.
United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:20-cr-00009-1—Joseph M. Hood, District Judge.
Argued En Banc: October 18, 2023
Decided and Filed: June 28, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER,
MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. A confidential informant notified officers that
Antwone Sanders was dealing drugs from a nearby apartment. The informant then engaged in two
controlled drug buys with Sanders. On both occasions, officers observed Sanders drive from the
buy location to the apartment in question. The officers detailed this information in an affidavit
submitted to a judge and secured a warrant to search the apartment. The search unearthed
contraband sufficient to support several federal gun and drug possession charges. Sanders moved
to suppress the discovered items. When his motion was denied, Sanders pleaded guilty, preserving
in part his right to appeal, which he then exercised.
Longstanding Fourth Amendment principles guide our review of the search warrant’s
propriety. One, we examine the underlying officer affidavit with the understanding that
demonstrating probable cause to justify a search does not require mathematical certainty. Two,
we owe deference to the judge who found sufficient cause to issue the warrant. Viewing Sanders’s
appeal in this way, we see no error in the district court’s denial of the motion to suppress. Nor did
the district court err by denying Sanders’s discovery requests. Accordingly, we affirm. |
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