Image Credit: @brotherjones_ / X
The Tennessee Conservative [By Paula Gomes] –
A Democrat State Representative’s lawsuit against Republican lawmakers over alleged unconstitutional treatment has been dismissed in its entirety by a federal judge.
In an opinion that spanned 52 pages, U.S. District Court Judge Eli Richardson for the Middle District of Tennessee shot down the lawsuit saying that Jones lacked legal standing.
Representative Justin Jones (D-Nashville-District 52) filed the suit against Speaker of the House Cameron Sexton (R-Crossville-District 25) and others in 2023 following a four-day expulsion after Jones staged a protest on the House floor over gun control. Using a bull horn, Jones shouted along with Representatives Gloria Johnson (D-Knoxville-District 90) and Justin Pearson (D-Memphis-District 86) who were the other two members labeled the “Tennessee Three.”
At the time, other members of the Tennessee General Assembly called the three’s shenanigans a coordinated stunt that diverted attention away from grieving families in the wake of the Covenant School shooting which took the lives of three children and three adults.
Jones and Pearson were expelled from their seats while Johnson retained hers by one vote. The two Black lawmakers later won their seats back after local elected officials reappointed the pair.
In his lawsuit, Jones had claimed that the expulsion had caused financial loss as well as professional harm. Jones also claimed that he was denied due process and that he was punished more severely than Johnson, his White colleague.
Jones said that Johnson was allowed to remain in the legislature even though she “engaged in the exact same speech and protest” and alleged that this was a violation of the 14th amendment, citing the clause that states that no state “shall deny any person within its jurisdiction the protection of the laws.”
Jones also said that he was not reinstated to previous committee assignments while Johnson was allowed to return to hers.
The Nashville lawmaker had spoken out against new rules that were made at the beginning of the Special Session, saying that they were an attempt to limit what members could say.
Sexton called Jones out of order twice for breaking these rules saying that he got off of the current topic. In the lawsuit, Jones claimed he was denied the right to “speak and to be heard,” alleging that his first amendment rights had been violated and that the rules went against both the Tennessee and United States constitutions.
Sexton and the other defendants ultimately filed a motion to dismiss Jones’ lawsuit stating that the U.S. District Court lacked jurisdiction because Jones had no standing to file suit due to state sovereign immunity. They also stated that the suit was barred by personal immunity defenses and that Jones failed to make a claim “for which relief can be granted.”
Republican leadership in the House stood by their decision to expel Jones and Pearson.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
