Date: 05-14-2001

Case Style: Thompson v. Ashe

Case Number: 99-5757

Judge: Alice M. Batchelder

Court: United States Court of Appeals for the Sixth Circuit

Plaintiff's Attorney: James H. Varner, Jr. of Eshbaugh, Simpson, Varner & Waters, Knoxville, Tennessee

Defendant's Attorney: Michael S. Kelley, City of Knoxville Law Department, Knoxville, Tennessee and G. Wendell Thomas, Jr. of Kennerly, Montgomery & Finley, Knoxville, Tennessee

Description: Albert Thompson filed a class-action complaint in the district court pursuant to 42 U.S.C. § 1983 naming as defendants the Knoxville Community Development Corporation, a public housing authority, and Fred O. DeBruhl, its Executive Director ("KCDC"); and the City of Knoxville, Victor Ashe, the City's mayor, and Phil Keith, the chief of police ("City defendants"). The complaint designated as members of the class all persons who had been, were presently or would in the future be on the KCDC's "no trespassing" list of individuals barred from the KCDC premises. The complaint alleged that the defendants' "no-trespass" program violated the class members' rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution, as well as their rights under Tennessee law. The defendants moved for summary judgment, and Thompson moved for partial summary judgment. The district court denied Thompson's motion, granted summary judgment in favor of the defendants, denied Thompson's motion to certify the class and dismissed the action. Thompson timely appealed. Click here for the full text of the court's opinion.