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08-187 - Friedmann v. Bredesen et al


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08-187 - Friedmann v. Bredesen et al
September 22, 2008
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MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt)
September 22, 2008
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ORDER: Parties presented oral argument on their motions at a hearing conducted on 9/15/08. For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that the State Officials' motion for judgment 58 is meritorious and that the defendants are entitled to judgment in their favor as a matter of law as to Counts One through Five of the Amended Complaint. Accordingly, the State Officials' motion is hereby GRANTED and Counts One through Five of the Amended Complaint are DISMISSED, leaving for adjudication only plaintiff Alexander Friedmann's due process claims under the United States and Tennessee Constitutions, set forth in Count Six of the Amended Complaint. Plaintiffs' Motion for Judgment 68 is hereby DENIED. Further, because all claims brought by plaintiff Jim Harris, the only plaintiff who is a resident of Madison County, have been dismissed, the motion for summary judgment 76 filed by defendant Kim Buckley in her official capacity as Administrator of Elections for Madison County, is hereby GRANTED. Likewise, because all claims brought by plaintiff Terrence Johnson, a Shelby County resident, have been dismissed, defendant James Johnson in his official capacity as Administrator of Elections for Shelby County is entitled to judgment in his favor as a matter of law. Accordingly, the claims against defendant Johnson are hereby DISMISSED. This matter is remanded to Magistrate Judge Griffin for such further case management as may be necessary. Signed by Senior Judge Thomas Wiseman on 9/22/08. (dt)