Christopher Sullivan v. Sam Benningfield

920 F.3d 401
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 4, 2019
Docket18-5643
StatusPublished
Cited by59 cases

This text of 920 F.3d 401 (Christopher Sullivan v. Sam Benningfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher Sullivan v. Sam Benningfield, 920 F.3d 401 (6th Cir. 2019).

Opinions

COLE, Chief Judge.

In May 2017, Judge Sam Benningfield issued an order offering a 30-day sentencing credit to inmates in White County, Tennessee. There was one condition: to obtain the credit, inmates had to submit to sterilization. After public outcry about the sterilization-for-sentencing-credits program, Judge Benningfield issued a second order declaring that inmates could no longer enroll in the program, followed by a third order clarifying which of the inmates who initially enrolled could still receive the sentencing credit. Within months, the Tennessee Legislature passed Senate Bill 2133, which made it illegal for courts to make sentencing determinations based on a defendant's willingness to consent to sterilization.

Christopher Sullivan, Nathan Haskell, and William Gentry-inmates who refused to submit to a vasectomy and were consequently denied the sentencing credit that was awarded to inmates who underwent sterilization-challenged Judge Benningfield's orders under the Equal Protection Clause, arguing that the orders subjected inmates to differential treatment on the basis of their procreative rights and their sex. The district court found that the claims were moot in light of the passage of Senate Bill 2133 and Judge Benningfield's second and third orders. Because none of those subsequent developments in the law ended the differential treatment that plaintiffs challenge, we reverse and remand for consideration of plaintiffs' claims on the merits.

*405I. BACKGROUND

On May 15, 2017, White County General Sessions Judge Sam Benningfield entered a standing order, which stated:

For good cause shown including judicial economy and the administration of justice, it is ORDERED any White County inmate serving a sentence for the General Sessions Court who satisfactorily completes the State of Tennessee, Department of Health Neonatal Syndrome Education (NAS) Program be given two (2) days credit toward completion of his/her jail sentence. Any such female inmate who receives the free [N]explanon implant or any such male inmate who has the free vasectomy as a result thereof shall be given an additional thirty (30) days credit toward completion of his/her jail sentence.

(Initial Order, R. 13-1 (emphasis in original).) After Judge Benningfield issued this order, Plaintiffs allege that "dozens of White County inmates"-including Plaintiff William Gentry-"agreed to submit to surgical sterilization in order to reduce the length of their respective jail sentences." (Am. Compl., R. 13, PageID 133-35.) Both parties agree that Judge Benningfield's co-defendant, White County Sheriff Oddie Shoupe, enforced this order by reducing the sentences of inmates who underwent sterilization. It is uncontested that multiple inmates were sterilized and received a sentence credit in line with Judge Benningfield's order.

The press covered White County's sterilization-for-sentencing-credits program on July 19, 2017, after the White County District Attorney expressed concerns about the program to a reporter. Plaintiffs allege that "intense national outrage and widespread condemnation" followed. (Id. at PageID 131, 135.) Shortly thereafter, on July 26, 2017, Judge Benningfield issued a second order, which stated:

Whereas the State of Tennessee, Department of Health has indicated to the court through its representative that it will no longer offer free vasectomies to White County inmates serving a sentence for the General Sessions Court and will not provide the free [N]explanon implant to White County inmates serving a sentence for the General Sessions Court who receives any credit toward the completion of their jail sentence as a result thereof; it is hereby ORDERED the previous order i[n] this regard is hereby rescinded.
Those inmates who have demonstrated to the court their desire to improve their situations and take serious and considered steps toward their rehabilitation by having the procedures or agreeing to have same will not be denied the credit. You will be awarded the 30 days jail credit promised whether you ultimately receive the procedures or not. All inmates shall remain eligible for the two (2) days credit for completing the State of Tennessee, Department of Health Neonatal Syndrome Education (NAS) Program satisfactorily.

(Rescinding Order, R. 13-2 (emphasis in original).) In this second order, Judge Benningfield attempted to rescind the initial standing order by awarding sentencing credits to all inmates who offered to undergo sterilization, regardless of whether those inmates were ultimately sterilized. But this order took no action with respect to inmates who had refused the offer to undergo sterilization in exchange for sentencing credits. Consequently, the second order ensured that inmates who had agreed to submit to sterilization would still receive a 30-day sentence reduction that was denied to inmates who had maintained their unwillingness to undergo sterilization.

*406Two of those inmates who had refused to undergo sterilization were Plaintiffs Christopher Sullivan and Nathan Haskell. At the time the first and second orders were issued, Sullivan and Haskell were both inmates in the White County jail. Neither accepted Judge Benningfield's offer to undergo sterilization in exchange for sentencing credits, and neither received a sentencing credit. After the second order was issued, Plaintiff William Gentry also opted not to obtain a vasectomy. Despite the second order's promise that inmates who initially signed up to undergo sterilization would receive the credit "whether [they] ultimately receive[d] the procedures or not," Gentry never obtained the sentencing credit, either. (Id. )

In August 2017, Sullivan filed a complaint in the Chancery Court in White County, Tennessee, alleging that Benningfield and Shoupe (collectively, "Defendants") deprived him of his Fourteenth Amendment rights by issuing and enforcing the sterilization-for-sentencing-credit orders. Defendants removed the lawsuit to federal court, and Sullivan filed an amended complaint, adding Gentry and Haskell as plaintiffs. The amended complaint sought declaratory and injunctive relief, the latter of which requested that Sullivan, Haskell, and Gentry (collectively, "Plaintiffs") receive the same 30-day sentencing credit that had been afforded to similarly-situated inmates who relinquished their procreative rights. Defendants filed a motion to dismiss, and Plaintiffs filed a motion for partial summary judgment.

While litigation was pending, Judge Benningfield entered a third order on November 9, 2017, which stated:

Whereas, on May 15, 2017, this Court entered a Standing Order, which applied only to White County inmates who were serving a sentence for the General Sessions Court. The Standing Order gave two days credit toward the [sentence] of any eligible inmate who completed the State of Tennessee, Department of Health's Neonatal Syndrome Education (NAS) Program. Additionally, the Standing Order offered a 30-day credit toward the completion of an eligible inmate's jail sentence if that inmate received the free [N]explanon implant or vasectomy offered by the Tennessee Department of Health.
Whereas, on July 26, 2017, this Court entered an Order Rescinding Previous Standing Order.

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920 F.3d 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-sullivan-v-sam-benningfield-ca6-2019.