Case: Patton v. Fitzhugh

3:23-cv-00637 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 22, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, an incarcerated citizen accused of several drug-related crimes challenged Tennessee’s policy requiring defendants charged with drug crimes to prove that their bail money did not come from illegal sources. The plaintiff brought a class action complaint against the Sheriff of Rutherford County, circuit judges of the Sixteenth Judicial District of Tennessee, and the Rutherford County Circuit Court clerk (defendants) on June 22, 2023. On December 18, 2021, the plaintiff was arrested f…

In this case, an incarcerated citizen accused of several drug-related crimes challenged Tennessee’s policy requiring defendants charged with drug crimes to prove that their bail money did not come from illegal sources. The plaintiff brought a class action complaint against the Sheriff of Rutherford County, circuit judges of the Sixteenth Judicial District of Tennessee, and the Rutherford County Circuit Court clerk (defendants) on June 22, 2023. On December 18, 2021, the plaintiff was arrested for drug possession charges. He was placed on a bail of $126,000. Because his bond exceeded $75,000, he was required to first prove the “legitimacy of his bail source” before being released. In Tennessee, there is a policy where when the bail exceeds $75,000, the accused must show that their bail money is not derived from crime. In the plaintiff’s case, he had to prove that his bail money did not come from drug possession. The plaintiff brought the complaint in the United States District Court for the Middle District of Tennessee, and the case was assigned to Judge Jeffrey S. Frensley. The plaintiff’s lawyer is a private lawyer named Drew Justice.

The plaintiff argued that the bail source hearings contradicted the traditional purpose of bail to ensure the accused attend court; he contended that the hearings were meant to punish those with drug charges. He alleged that the defendants employed a policy of excessively requiring source hearings, even though the hearings were discretionary by law, thus violating his Eighth and Fourteenth Amendment rights. First, he alleged that under 42 U.S.C. § 1983, the defendants violated his substantive due process rights and his Eighth Amendment protections against excessive bail by restricting pretrial release to punish those with drug charges. Second, he also alleged that under 42 U.S.C. § 1983, the defendants violated his procedural due process rights and Eighth Amendment protections against excessive bail by shifting the burden of proving the innocence of one’s  bail money to the plaintiff. As for the class action allegation, the plaintiff did not outline a precise class size. Rather, the plaintiff defined a putative class of all people who are, or will be, arrested and charged with criminal offenses in Rutherford County and detained in jail as a result of the source hearing requirements. 

The plaintiff sought certification of the putative class. The plaintiff also sought a declaration that the defendants had violated his and the putative class members’ constitutional rights under the Eighth and Fourteenth Amendments. Last, the plaintiff sought a temporary restraining order requiring the plaintiff and other class members to be released without a required source hearing, along with a preliminary and permanent injunction requiring the same.

On July 20, 2023, the case was reassigned to Judge William L. Campbell Jr. 

On September 6, 2023, the Sixteenth Judicial District of Tennessee Circuit judge defendants filed a motion to dismiss for lack of subject-matter jurisdiction and for failure to state a claim. The defendants argued that sovereign immunity barred the plaintiff’s claims against individual state officials. The defendants also argued that the plaintiff lacked standing because he already pled guilty to the crime and was released on probation. The defendants argued that the case was thus moot and the court lacked subject-matter jurisdiction. On September 8, 2023, the Sheriff of Rutherford County and the Rutherford County Circuit Court clerk also filed a motion to dismiss for a lack of subject-matter jurisdiction and failure to state a claim for the same reasons as the circuit judges.

On November 16, 2023, the district court granted the parties’ joint motion to stay discovery pending the resolution of the motions to dismiss until February 22, 2024.

On July 9, 2024, the district court granted both motions to dismiss by the defendants. The court held that there was no ongoing harm to the plaintiff as the plaintiff was released and any future injury to him caused by the source hearings was only speculative. The court held that because the bail still had to be at least 75,000 to trigger the source hearings, the hearings were not too burdensome. Also, the court debunked the plaintiff’s claim that even if his claims were moot, the purported class had members whose claims would not be moot. The court held that there was no federal subject-matter jurisdiction, thus it did not need to address the other grounds for dismissal.

On July 12, 2024, the plaintiff filed an appeal to the United States Court of Appeals for the Sixth Circuit. On March 13, 2025, the Sixth Circuit reversed the district court decision and remanded. First, the court held that the plaintiff did have standing because standing is determined when a claim is filed. Therefore, even though the plaintiff was later released, that did not alter his standing. Moreover, the court held that there is an “inherently transitory exception” to mootness for class-action claims. Even though Patton’s individual claim would be moot, the claim for the putative class was enough to save the claims from being mooted.

On July 17, 2025, the defendants filed a writ of certiorari to the Supreme Court. On November 26, 2025, the Supreme Court denied the writ of certiorari.

On March 11, 2026, the parties filed a joint motion to stay discovery pending the resolution of the other non-jurisdictional grounds for dismissal. On March 19, 2026, the court granted the motion to stay discovery while the district court considered the motions to dismiss for failure to state a claim.

As of March 26, 2026, the case is ongoing. 

 

Summary Authors

Ameya Kamani (3/26/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67520984/parties/patton-v-fitzhugh/


Judge(s)

Campbell, William Lynn (Tennessee)

Attorney for Plaintiff

Justice, Drew (Tennessee)

Attorney for Defendant

Bouldin, Laws M. (Tennessee)

Christiansen, Nick C.

Donica, Eric

Documents in the Clearinghouse

Documents in this case
1

3:23-cv-00637

Class Action Complaint

June 22, 2023

June 22, 2023

Complaint
12

3:23-cv-00637

Order

July 21, 2023

July 21, 2023

Order/Opinion
15

3:23-cv-00637

Motion to Dismiss of Defendants James Turner, Barry Tidwell, and Howard Wilson

Sept. 6, 2023

Sept. 6, 2023

Pleading / Motion / Brief
16

3:23-cv-00637

Motion to Dismiss by Sheriff Mike Fitzhugh and Circuit Court Clerk Melissa Harrell

Sept. 8, 2023

Sept. 8, 2023

Pleading / Motion / Brief
23

3:23-cv-00637

Motion to Dismiss on Behalf of Defendants Hames Turner, Barry Tidwell, and Howard Wilson in Their Official Capacities

Nov. 3, 2023

Nov. 3, 2023

Pleading / Motion / Brief
26

3:23-cv-00637

Joint Motion to Stay Discovery and Disclosures

Nov. 13, 2023

Nov. 13, 2023

Pleading / Motion / Brief
29

3:23-cv-00637

Order

Nov. 16, 2023

Nov. 16, 2023

Order/Opinion
58

3:23-cv-00637

Memorandum

July 9, 2024

July 9, 2024

Order/Opinion

2024 WL 3366333

20

24-05639

Correspondence

U.S. Court of Appeals for the Sixth Circuit

Aug. 27, 2024

Aug. 27, 2024

Correspondence

24-05639

Opinion

U.S. Court of Appeals for the Sixth Circuit

March 13, 2025

March 13, 2025

Order/Opinion

131 F.4th 383

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67520984/patton-v-fitzhugh/

Last updated March 23, 2026, 11:08 p.m.

ECF Number Date Description Link
1 June 22, 2023

COMPLAINT against Mike Fitzhugh, Melissa Harrell, Barry Tidwell, James Turner, Howard Wilson (Filing fee $402, Receipt number ATNMDC-3851199), filed by Bradley Patton. (Attachments: # 1 Attachment - Civil Cover Sheet)(ad) (Entered: 06/22/2023)

1 Attachment - Civil Cover Sheet

View on PACER

Clearinghouse
2 June 22, 2023

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) (Entered: 06/22/2023)

RECAP
3 June 22, 2023

NOTICE of Initial Case Management Conference by Telephone set for 10/5/2023 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (ad) (Entered: 06/22/2023)

RECAP
4 June 22, 2023

NOTICE of Summons to be Issued as to Mike Fitzhugh and four others. (Attachments: # 1 Attachment Summons to issue (HARRELL), # 2 Attachment Summons to issue (TURNER), # 3 Attachment Summons to issue (TIDWELL), # 4 Attachment Summons to issue (WILSON))(Justice, Drew) (Entered: 06/22/2023)

RECAP
June 22, 2023

TN State Bar status verified as active for Drew Justice admitted to this court. (ad)

5 June 23, 2023

Summons issued as to Mike Fitzhugh, Melissa Harrell, Barry Tidwell, James Turner, Howard Wilson. (af) (Entered: 06/23/2023)

RECAP
6 July 17, 2023

NOTICE of Appearance by Nick C. Christiansen on behalf of Mike Fitzhugh, Melissa Harrell (Christiansen, Nick) (Entered: 07/17/2023)

RECAP
7 July 17, 2023

NOTICE of Appearance by Laws M. Bouldin on behalf of Mike Fitzhugh, Melissa Harrell (Bouldin, Laws) (Entered: 07/17/2023)

RECAP
8 July 17, 2023

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 07/17/2023)

RECAP
9 July 18, 2023

ORDER granting 8 Motion for Extension of Time to Answer re 1 Complaint Mike Fitzhugh answer due 9/8/2023; Melissa Harrell answer due 9/8/2023. Signed by Magistrate Judge Jeffery S. Frensley on 7/18/2023. (af) (Entered: 07/18/2023)

RECAP
July 18, 2023

TN State Bar status verified as active for Nick C. Christiansen, Laws M. Bouldin admitted to this court. (af)

10 July 19, 2023

NOTICE of Appearance by Mary Elizabeth McCullohs on behalf of Barry Tidwell, James Turner, Howard Wilson (McCullohs, Mary) (Entered: 07/19/2023)

RECAP
11 July 19, 2023

First MOTION for Extension of Time to File Answer re 1 Complaint by Barry Tidwell, James Turner, Howard Wilson. (McCullohs, Mary) (Entered: 07/19/2023)

RECAP
12 July 20, 2023

ORDER OF RECUSAL: I hereby RECUSE myself in the above-styled action. Accordingly, the Clerk is DIRECTED to reassign this matter to another Magistrate Judge for all future case management, including resolution of pending matters. All conferences scheduled before the undersigned are CANCELLED, but all other previously imposed deadlines remain in full force and effect unless otherwise modified by the Court. Signed by Magistrate Judge Jeffery S. Frensley on 7/20/2023. (kc) (Entered: 07/21/2023)

Clearinghouse
13 July 24, 2023

ORDER: Pending before the Court is the motion of Defendants Barry Tidwell, James Turner, and Howard Wilson for an extension of time to answer the complaint (Docket No. 11 ), which is represented to be unopposed, and is therefore GRANTED. The time for Defendants Tidwell, Turner, and Wilson to answer or otherwise respond to the complaint is EXTENDED to September 8, 2023. Further, the case management conference previously scheduled for October 5, 2023, before Judge Frensley, who has now recused himself, is RESCHEDULED for Wednesday, October 4, 2023, at 10:00 a.m. (CT). Signed by Magistrate Judge Barbara D. Holmes on 7/24/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 07/24/2023)

RECAP
July 24, 2023

Reset Hearing: Case Management Conference by Telephone set for 10/4/2023 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (mg)

July 25, 2023

TN State Bar status verified as active for Mary Elizabeth McCullohs admitted to this court. (af)

14 Sept. 6, 2023

NOTICE of Appearance by Eric William Donica on behalf of Barry Tidwell, James Turner, Howard Wilson (Donica, Eric) (Entered: 09/06/2023)

RECAP
15 Sept. 6, 2023

MOTION to Dismiss by Barry Tidwell, James Turner, Howard Wilson. (Attachments: # 1 Attachment Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit Patton's 6-22-23 Bail Source Hearing Transcript, # 3 Exhibit Rutherford County Local Rule 16)(Donica, Eric) (Entered: 09/06/2023)

Clearinghouse
Sept. 7, 2023

TN State Bar status verified as active for Eric William Donica admitted to this court. (af)

16 Sept. 8, 2023

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 09/08/2023)

Clearinghouse
17 Sept. 8, 2023

MEMORANDUM in Support of 16 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mike Fitzhugh, Melissa Harrell . (Christiansen, Nick) (Entered: 09/08/2023)

RECAP
18 Sept. 20, 2023

Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss, 16 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 17 Memorandum in Support by Bradley Patton. (Justice, Drew) (Entered: 09/20/2023)

RECAP
19 Sept. 21, 2023

ORDER granting 18 Motion for Extension of Time to File Response to 15 and 16 motions to dismiss. Extension to October 4, 2023. Signed by District Judge William L. Campbell, Jr on 9/21/2023. (af) (Entered: 09/21/2023)

RECAP
20 Sept. 27, 2023

AMENDED COMPLAINT against All Defendants, filed by Bradley Patton.(Justice, Drew) (Entered: 09/27/2023)

RECAP
21 Sept. 29, 2023

Joint MOTION to Continue Initial Case Management Conference, Unopposed MOTION for Extension of Time to File Answer re 20 Amended Complaint by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 09/29/2023)

RECAP
22 Oct. 2, 2023

ORDER: Pending before the Court is the combined parties' joint motion to continue the initial case management conference and unopposed Defendants' motion to extend the time to answer or otherwise respond to Plaintiff's amended complaint (Docket No. 21 ), which is GRANTED. Defendants' pending motions to dismiss (Docket Nos. 15 and 16 ) are rendered moot. The Clerk is therefore DIRECTED to terminate those motions. The time for Defendants' to answer or otherwise respond to Plaintiff's amended complaint (Docket No. 20 ) is EXTENDED to November 3, 2023. The initial case management conference, which is presently set for October 4, 2023, is RESCHEDULED for November 16, 2023, at 11:00 a.m. (CT) to be held telephonically using the Court's conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 10/2/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified on 10/4/2023 (af). (Entered: 10/02/2023)

RECAP
Oct. 2, 2023

Reset Hearings: Initial Case Management Conference by Telephone reset for 11/16/2023 at 11:00 AM before Magistrate Judge Barbara D. Holmes. (af)

23 Nov. 3, 2023

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Barry Tidwell, James Turner, Howard Wilson. (Attachments: # 1 Attachment Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit Exhibit 1 - Rutherford County Local Rule 16, # 3 Exhibit Exhibit 2 - Plaintiff's Bail-Source-Hearing Transcript)(Donica, Eric) (Entered: 11/03/2023)

Clearinghouse
24 Nov. 3, 2023

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 11/03/2023)

RECAP
25 Nov. 3, 2023

MEMORANDUM in Support of 24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mike Fitzhugh, Melissa Harrell . (Christiansen, Nick) (Entered: 11/03/2023)

RECAP
26 Nov. 13, 2023

Joint MOTION to Stay Discovery and Disclosures by Plaintiff Bradley Patton, Defendants James Turner, Barry Tidwell, and Howard Wilson, and by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 11/13/2023)

Clearinghouse
27 Nov. 13, 2023

MEMORANDUM in Support of 26 Joint MOTION to Stay Discovery and Disclosures by Plaintiff Bradley Patton, Defendants James Turner, Barry Tidwell, and Howard Wilson, and filed by Mike Fitzhugh, Melissa Harrell . (Christiansen, Nick) (Entered: 11/13/2023)

RECAP
28 Nov. 13, 2023

PROPOSED CASE MANAGEMENT ORDER (JOINT BY ALL PARTIES) filed by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 11/13/2023)

RECAP
29 Nov. 16, 2023

ORDER: Pending before the Court is the parties' joint motion to stay discovery and disclosures pending resolution of Defendants' respective motions to dismiss. (Docket No. 26 .) The motion is GRANTED IN PART as follows. To allow time for disposition of the pending motions to dismiss, discovery and all disclosures are stayed until February 22, 2024, when another case management conference is set, unless otherwise provided for by a later order. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 11/16/2023. (af) (Entered: 11/16/2023)

Clearinghouse
Nov. 16, 2023

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 11/16/2023.(Hearing lasted 0:25)(mcc)

30 Nov. 17, 2023

Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 25 Memorandum in Support by Bradley Patton. (Justice, Drew) (Entered: 11/17/2023)

RECAP
31 Nov. 17, 2023

INITIAL CASE MANAGEMENT ORDER: Case Management Conference by Telephone set for 2/22/2024 at 02:00 PM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 11/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 11/17/2023)

RECAP
32 Nov. 20, 2023

ORDER granting 30 Motion for Extension to respond to 23 and 24 Motion to Dismiss. Responses due by December 1, 2023. Signed by District Judge William L. Campbell, Jr on 11/20/2023. (af) (Entered: 11/20/2023)

RECAP
33 Dec. 1, 2023

RESPONSE in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 23 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Bradley Patton. (Justice, Drew) (Entered: 12/01/2023)

RECAP
34 Dec. 4, 2023

Unopposed MOTION for Leave to to Accept Corrected Response by Bradley Patton. (Justice, Drew) (Entered: 12/04/2023)

RECAP
35 Dec. 4, 2023

RESPONSE in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 23 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim CORRECTED - Please disregard RE 33 filed by Bradley Patton. (Justice, Drew) (Entered: 12/04/2023)

RECAP
36 Dec. 5, 2023

Unopposed MOTION for Extension of Time to File Response/Reply as to 33 Response in Opposition to Motion, 35 Response in Opposition to Motion, (JOINT MOTION BY ALL DEFENDANTS) by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 12/05/2023)

RECAP
37 Dec. 6, 2023

ORDER granting 34 Motion for Leave to File Corrected Response. Signed by District Judge William L. Campbell, Jr on 12/6/2023. (af) (Entered: 12/06/2023)

RECAP
38 Dec. 6, 2023

ORDER granting 36 Motion for Extension of Time to File Reply to 24 Motion to Dismiss. Replies due by 12/22/2023. Signed by District Judge William L. Campbell, Jr on 12/6/2023. (af) (Entered: 12/06/2023)

RECAP
39 Dec. 20, 2023

REPLY to Response to re 23 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Barry Tidwell, James Turner, Howard Wilson. (Donica, Eric) (Entered: 12/20/2023)

RECAP
40 Dec. 21, 2023

Unopposed MOTION for Leave to File Excess Pages (Reply) by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 12/21/2023)

RECAP
41 Dec. 21, 2023

REPLY filed by Mike Fitzhugh, Melissa Harrell re 35 Response in Opposition to Motion, filed by Bradley Patton. (Christiansen, Nick) (Entered: 12/21/2023)

RECAP
42 Jan. 3, 2024

ORDER granting 40 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 1/3/2024. (af) (Entered: 01/03/2024)

RECAP
43 Feb. 16, 2024

PROPOSED CASE MANAGEMENT ORDER filed by All Defendants. (Donica, Eric) (Entered: 02/16/2024)

RECAP
44 Feb. 16, 2024

NOTICE of Filing by Mike Fitzhugh, Melissa Harrell, Barry Tidwell, James Turner, Howard Wilson (Donica, Eric) (Entered: 02/16/2024)

RECAP
45 Feb. 20, 2024

RESPONSE filed by Bradley Patton re 43 Proposed Case Management Order filed by Barry Tidwell, James Turner, Howard Wilson, Melissa Harrell, Mike Fitzhugh . (Justice, Drew) (Entered: 02/20/2024)

RECAP
Feb. 22, 2024

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 2/22/2024. Plaintiff's attorney failed to appear.(Hearing lasted 0:30)(mcc)

46 Feb. 23, 2024

ORDER TO SHOW CAUSE: As discussed in more detail below, Plaintiff's attorney, Drew Justice, is HEREBY ORDERED to, by no later than March 1, 2024, SHOW CAUSE why this case should not be dismissed under Fed. R. Civ. P. 16(f)(1)(A) and (C) and why attorneys' fees should not be imposed under Fed. R. Civ. P. 16(f)(2). Signed by Magistrate Judge Barbara D. Holmes on 2/23/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 02/23/2024)

RECAP
47 Feb. 29, 2024

RESPONSE TO ORDER TO SHOW CAUSE by Bradley Patton. (Attachments: # 1 Exhibit Declaration of Justice (w emails))(Justice, Drew) (Entered: 03/01/2024)

RECAP
48 March 14, 2024

ORDER: Plaintiff's attorney, Drew Justice, is ORDERED to (i) pay the reasonable attorneys' fees of Defendant's counsel for finalization of a proposed modified case management order and appearance at the February 22, 2024 case management conference (in an amount to be determined by separate order) and (ii) by no later than April 30, 2024, provide confirmation by a notice of filing that he has obtained a minimum of 4 hours of continuing legal education ("CLE") credit in small office or solo law practice management, at least 1.5 hours of which must be dual or ethics credit. Signed by Magistrate Judge Barbara D. Holmes on 3/14/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 03/14/2024)

RECAP
49 March 14, 2024

ORDER: As evidenced by multiple filings and orders (see Docket Nos. 46, 47, and 48 ), the case management conference scheduled for February 22, 2024 did not proceed due to the non-appearance by Plaintiff's counsel, Drew Justice. Accordingly, the case management conference is RESCHEDULED for Thursday, March 21, 2024, at 10:00 a.m. (CDT) using the Court's telephone conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 3/14/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 03/14/2024)

RECAP
March 21, 2024

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 3/21/2024. (Hearing lasted 0:27)(mcc)

50 March 26, 2024

MOTION for Attorney Fees by Barry Tidwell, James Turner, Howard Wilson. (Attachments: # 1 Exhibit McCullohs Declaration, # 2 Exhibit Donica Declaration)(McCullohs, Mary) (Entered: 03/26/2024)

RECAP
51 March 27, 2024

MOTION for Attorney Fees by Mike Fitzhugh, Melissa Harrell. (Attachments: # 1 Attachment Declaration of Nick C. Christiansen)(Christiansen, Nick) (Entered: 03/27/2024)

RECAP
52 April 12, 2024

FIRST MODIFIED CASE MANAGEMENT ORDER: Case Management Conference by Telephone set for 5/7/2024 at 02:00 PM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 4/12/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 04/12/2024)

RECAP
53 April 15, 2024

ORDER: The motion of Defendants James Turner, Barry Tidwell, and Howard Wilson (Docket No. 50 ) is GRANTED IN PART AND DENIED IN PART, and those Defendants are awarded attorneys' fees of $350, payable to the Office of the Tennessee Attorney General. Additionally, the motion of Defendants Mike Fitzhugh and Melissa Harrell (Docket No. 51 ) is GRANTED, and the County Defendants are awarded attorneys' fees of $329.69, payable to the law firm of Hudson, Reed & Christiansen, PLLC. Plaintiff's attorney Drew Justice shall remit these amounts as directed by no later than 21 days from the date of entry of this Order. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 4/15/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 04/15/2024)

RECAP
54 April 30, 2024

NOTICE by Bradley Patton re 48 Order, Sanctions Compliance (Attachments: # 1 Exhibit CLE certificates (5))(Justice, Drew) Modified on 5/1/2024 (am). (Entered: 04/30/2024)

RECAP
55 May 1, 2024

Joint MOTION Entry of Second Modified Case Management Order re 52 Case Management Order, by Barry Tidwell, James Turner, Howard Wilson. (Attachments: # 1 Exhibit Proposed Second Modified Case Management Order)(McCullohs, Mary) (Entered: 05/01/2024)

RECAP
56 May 7, 2024

SECOND MOFIDIED CASE MANAGEMENT ORDER: From the parties' proposed second modified case management order and discussion during the case management conference, the parties' joint motion for entry of modified case management order (Docket No. 55 ) is GRANTED. The deadline for the parties to complete all written discovery and depose all fact witnesses is December 20, 2024. Another case management conference will be held on July 31, 2024, at 2:00 p.m. (CDT), using the Court's conference line at 1-877-402-9753, access code 3808663#. The deadline for filing dispositive motions is April 25, 2025. Signed by Magistrate Judge Barbara D. Holmes on 5/7/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/07/2024)

RECAP
May 7, 2024

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 5/7/2024.(Hearing lasted 0:19)(mcc)

57 June 21, 2024

Joint Case Resolution Status Report by Barry Tidwell, James Turner, Howard Wilson. (McCullohs, Mary) (Entered: 06/21/2024)

RECAP
58 July 9, 2024

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge William L. Campbell, Jr on 7/9/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

Clearinghouse
59 July 9, 2024

ORDER: Pending before the Court are Defendants James Turner, Barry Tidwell, and Howard Wilson's and Mike Fitzhugh and Melissa Harrells Motions to Dismiss. (Doc. Nos. 23, 24 ), which are fully briefed. (See Doc. Nos. 35, 39, 41 ). For the reasons set forth in the accompanying Memorandum, Defendants' motions (Doc. Nos. 23, 24 ) will be GRANTED. The Clerk is directed to close the file. Signed by Chief Judge William L. Campbell, Jr on 7/9/2024. (am) (Entered: 07/09/2024)

RECAP
60 July 12, 2024

NOTICE OF APPEAL as to 58 Memorandum Opinion of the Court, 59 Order Dismissing Case, by Bradley Patton. Filing fee $ 605, receipt number ATNMDC-4118944. (Justice, Drew) (Entered: 07/12/2024)

RECAP
61 July 16, 2024

USCA Case Number 24-5639 for 60 Notice of Appeal filed by Bradley Patton. Case Manager - Ryan E. Orme. (am) (Entered: 07/16/2024)

RECAP
62 March 13, 2025

INFORMATION COPY from 6CCA. OPINION and JUDGMENT filed: REVERSED and REMANDED. Mandate to issue. Decision for publication. Karen Nelson Moore (AUTHORING), Raymond M. Kethledge, and Rachel Bloomekatz, Circuit Judges. (CL) (ch) (Entered: 03/14/2025)

RECAP
63 April 4, 2025

MANDATE of USCA as to 60 Notice of Appeal filed by Bradley Patton. MANDATE ISSUED with no costs taxed. (ABH) case reopened. (ch) (Entered: 04/07/2025)

RECAP
64 May 19, 2025

ORDER: Following the decision of the Sixth Circuit on appeal (Docket No. 62 ), mandate issued on April 4, 2025. (Docket No. 63 .) Accordingly, a case management conference will be held on June 18, 2025, at 2:00 p.m. (CDT) using the Court's conference line at 1-855-244-8681, access code 2300 984 3452#. Signed by Magistrate Judge Barbara D. Holmes on 5/19/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 05/19/2025)

RECAP
65 May 28, 2025

MOTION to Stay by Barry Tidwell, James Turner, Howard Wilson. (Attachments: # 1 Attachment Proposed Order)(Donica, Eric) (Entered: 05/28/2025)

RECAP
66 May 29, 2025

ORDER: Given the parties' agreement to stay proceedings, the district court's "power to control its own docket," Clinton v. Jones, 520 U.S. 681, 706-07 (1997), and the weight of the stay factors in Defendants' favor, Defendants' motion [R. 65 ] is GRANTED, and this case will be stayed following the entry of this Order. Signed by Chief Judge William L. Campbell, Jr on 5/29/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 05/29/2025)

RECAP
67 July 17, 2025

U.S. Supreme Court notice filed regarding a petition for a writ of certiorari filed by Appellee Mike Fitzhugh. Supreme Court Case No:25-50, 07/11/2025. (CL) (ch) (Entered: 07/18/2025)

RECAP
68 Nov. 26, 2025

U.S. Supreme Court Notice: The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. (hb) (Entered: 12/01/2025)

RECAP
69 Dec. 1, 2025

Joint MOTION to Lift Stay and Set Case Management Conference by Barry Tidwell, James Turner, Howard Wilson. (Donica, Eric) (Entered: 12/01/2025)

RECAP
70 Jan. 21, 2026

RESPONSE in Support re 69 Joint MOTION to Lift Stay and Set Case Management Conference filed by Bradley Patton. (Justice, Drew) (Entered: 01/21/2026)

RECAP
71 Jan. 22, 2026

ORDER LIFTING STAY: The motion (Doc. No. 69 ) is GRANTED as to the Motion to Lift Stay. Signed by Chief Judge William L. Campbell, Jr on 1/22/2026. (ch) (Entered: 01/22/2026)

RECAP
72 Jan. 29, 2026

NOTICE by Barry Tidwell, James Turner, Howard Wilson of Withdrawal of Counsel (McCullohs) (McCullohs, Mary) (Entered: 01/29/2026)

RECAP
73 Feb. 18, 2026

ORDER: The parties' request to lift the stay of this case was granted by Chief Judge Campbell (Docket No. 71 ). The additional relief requested by the parties, namely, setting of a case management conference (Docket No. 69 ) is likewise GRANTED. A case management conference will be held telephonically on March 3, 2026, at 11:00 a.m. (CT) using the Court's conference line at 1-855-244-8681, access code 2300 984 3452#. Signed by Magistrate Judge Barbara D. Holmes on 2/18/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 02/19/2026)

RECAP
Feb. 19, 2026

Set Hearing: Case Management Conference by Telephone set for 3/3/2026 at 11:00 AM before Magistrate Judge Barbara D. Holmes. (ch)

74 Feb. 24, 2026

ORDER: Due to an unavoidable conflict, the case management conference presently set for March 3, 2026, is RESCHEDULED for March 4, 2026, at 2:00 p.m. (CT), using the Court's conference line at 1-855-244-8681, access code 2300 984 3452#. Signed by Magistrate Judge Barbara D. Holmes on 2/24/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 02/24/2026)

RECAP
75 Feb. 25, 2026

Joint MOTION to Stay Discovery by Barry Tidwell, James Turner, Howard Wilson. (Donica, Eric) (Entered: 02/25/2026)

RECAP
76 Feb. 26, 2026

PROPOSED CASE MANAGEMENT ORDER filed by Mike Fitzhugh, Melissa Harrell. (Christiansen, Nick) (Entered: 02/26/2026)

RECAP
March 3, 2026

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 3/3/2026. (Hearing lasted 0:42)(mcc)

77 March 10, 2026

THIRD MODIFIED CASE MANAGEMENT ORDER: Discovery due by 10/23/2026. Dispositive Motions due by 2/19/2027. Signed by Magistrate Judge Barbara D. Holmes on 3/10/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb) (Entered: 03/10/2026)

RECAP
78 March 11, 2026

ORDER SETTING CASE FOR TRIAL: Bench Trial set for 11/2/2027 09:00 AM in Courtroom 6B before Chief Judge William L. Campbell Jr. Pretrial Conference set for 10/25/2027 01:30 PM in Courtroom 6B before Chief Judge William L. Campbell Jr. Exhibit List due by 10/18/2027. Witness List due by 10/18/2027. Proposed Pretrial Order due by 10/18/2027. Signed by Chief Judge William L. Campbell, Jr on 3/11/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb) (Entered: 03/11/2026)

RECAP
79 March 11, 2026

RESPONSE to Motion re 75 Joint MOTION to Stay Discovery filed by Bradley Patton. (Justice, Drew) (Entered: 03/11/2026)

Clearinghouse
80 March 19, 2026

ORDER: Pending before the Court is a motion to stay discovery filed jointly by Defendants Mike Fitzhugh, Melissa Harrell, James Turner, Barry Tidwell, and Howard Wilson. (Docket No. 75 .) Plaintiff Bradley Patton initially opposed the requested stay, but has filed a response indicating that he no longer opposes the motion. (Docket No. 79 .) Accordingly, the motion (Docket No. 75 ) is GRANTED, subject to further order. Signed by Magistrate Judge Barbara D. Holmes on 3/19/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 03/19/2026)

Clearinghouse

Case Details

State / Territory:

Tennessee

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 22, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is a formerly incarcerated person whose bail was set above $75,000.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

County

Circuit Court Clerk

Sheriff of Rutherford County

Regional

Circuit judges of the Sixteenth Judicial District

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Excessive Bail/Fines

Other Dockets:

Middle District of Tennessee 3:23-cv-00637

U.S. Court of Appeals for the Sixth Circuit 24-05639

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Fines/Fees/Bail/Bond

Recommended Citation