League of United Latin American Citizens v. Bredesen

500 F.3d 523, 2007 U.S. App. LEXIS 20556, 2007 WL 2416474
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 28, 2007
Docket06-5306
StatusPublished
Cited by580 cases

This text of 500 F.3d 523 (League of United Latin American Citizens v. Bredesen) 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
League of United Latin American Citizens v. Bredesen, 500 F.3d 523, 2007 U.S. App. LEXIS 20556, 2007 WL 2416474 (6th Cir. 2007).

Opinions

McKEAGUE, J., delivered the opinion of the court, in which NORRIS, J., joined. GILMAN, J. (pp. 537-44), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

This is an appeal from a judgment dismissing claims challenging Tennessee’s driver license law as violative of certain aliens’ right to equal protection and right to travel. On due consideration of plaintiffs’ complaint in light of the parties’ appellate arguments, we affirm the district court’s judgment that the complaint fails to state a claim upon which relief can be granted.

I. BACKGROUND

For purposes of this appeal, plaintiffs in the action below include: the League of United Latin American Citizens (“LU-LAC”), a not-for-profit organization dedicated to the advancement of the interests of the Hispanic population in the United States; Yolanda Lewis, a citizen of Mexico and resident of Tennessee, proceeding on her own behalf and on behalf of her minor son, Sergio Chavez; and Alex M. Siguenza, a citizen of Nicaragua and resident of Tennessee. Defendants, sued in their official capacities, are Phil Bredesen, Governor of Tennessee; and Fred Phillips, Commissioner of the Tennessee Department of Safety.

In June 2004, plaintiff Alex Siguenza attempted to renew his Tennessee driver license in Nashville. When he admitted that he was neither a United States citizen nor a lawful permanent resident, he was advised that he could not be issued a new driver license, but only a certificate for driving. On July 9, 2004, plaintiff Yolanda Lewis attempted to obtain a Tennessee identification card for her 8-year old son, Sergio Chavez, in Nashville. When she disclosed that Sergio was neither a United States citizen nor a lawful permanent resident, she was told that he was not entitled to any state-issued identification document. As a non-lawful permanent resident, plaintiff Lewis, too, is not eligible for a driver license under Tennessee law.

Plaintiffs commenced this putative class action in the Middle District of Tennessee on July 12, 2004. Plaintiff LULAC proceeds on behalf of its members (over 115,-000 throughout the United States); Lewis proceeds on behalf of herself and her minor son and all others similarly situated; and Siguenza proceeds on behalf of himself and all others similarly situated. The first amended complaint contains nine counts. Only two are relevant to this appeal. Both challenge provisions of 2004 Public Acts Chapter 778, amending Tennessee’s driver license law, which became effective July 1, 2004. In count I, plaintiffs proceed under 42 U.S.C. § 1983 and allege that Tenn. Code Ann. § 55 — 50—321(c)(1)(C), conditioning issuance of a driver license upon proof of United States citizenship or lawful permanent resident status, is a classification based on alienage that denies them equal protection of the law. In count VI, plaintiffs seek a declaratory judgment to the effect that Tenn.Code Ann. § 55-50-321(c)(1)(C), by denying a driver license to some aliens, impermissibly burdens aliens’ fundamental right to travel. That lawful temporary resident aliens may obtain a “certificate for driving” instead, pursüant to Tenn.Code Ann. § 55-50-331(g), is said not to be an adequate substitute, because [527]*527the certificate for driving, unlike a driver license, is explicitly “not valid for identification.” Tenn.Code Ann. § 55-50-102(6). Plaintiffs moved for a preliminary injunction to enjoin implementation of Chapter 778 and enjoin issuance of certificates for driving to aliens in lieu of driver licenses. Plaintiffs also asked the court to require defendants to convert all certificates for driving already issued during 2004 into driver licenses.

In an opinion and order dated September 28, 2004, the district court denied plaintiffs’ motion for preliminary injunction. League of United Latin American Citizens v. Bredesen, No. 3:04-0613, 2004 WL 3048724 (M.D.Tenn. Sept.28, 2004). This ruling has not been appealed. On November 23, 2004, the court granted the state defendants’ motion to dismiss, thereby dismissing the claims contained in counts I and VI, which are the subject of this appeal. Incorporating by reference the reasoning set forth in its opinion denying preliminary injunction, the district court held that neither the equal protection claim nor the right to travel claim stated a claim upon which relief can be granted. The court concluded that issuance of a certifícate for driving instead of a driver license does not infringe aliens’ right to travel. Id. at *4-5. The court also concluded that the classification, treating illegal aliens and lawful temporary resident aliens differently than lawful permanent resident aliens, does not discriminate against a suspect class and does not burden a fundamental right. The court therefore held that the classification is subject to “rational basis” scrutiny. Applying rational basis scrutiny, the court went on to hold that the classification is rationally related to legitimate governmental purposes and is therefore not violative of equal protection. Id. at *5-6. The district court dismissed the claims under Fed.R.Civ.P. 12(b)(6). A final judgment order was entered on January 19, 2006 and this appeal followed.

II. ANALYSIS

A. Standard of Review

Whether the district court properly dismissed plaintiffs’ claims under Rule 12(b)(6) is a question of law subject to de novo review. Kottmyer v. Maas, 436 F.3d 684, 688 (6th Cir.2006). The court must construe the complaint in the light most favorable to plaintiffs, accept all well-pled factual allegations as true and determine whether plaintiffs undoubtedly can prove no set of facts consistent with their allegations that would entitle them to relief. Id. Though decidedly liberal, this standard does require more than bare assertions of legal conclusions. Bovee v. Coopers & Lybrand C.P.A., 272 F.3d 356, 361 (6th Cir.2001). Plaintiffs’ obligation to provide the “grounds” of their entitlement to relief requires more than labels and conclusions or a formulaic recitation of the elements of the cause of action. Bell Atlantic Corp. v. Twombly, — U.S. -, 127 S.Ct. 1955, 1964-65, 167 L.Ed.2d 929 (2007). The factual allegations, assumed to be true, must do more than create speculation or suspicion of a legally cognizable cause of action; they must show entitlement to relief. Id. at 1965. To state a valid claim, a complaint must contain either direct or inferential allegations respecting all the material elements to sustain recovery under some viable legal theory. Id. at 1969.

B. Standing

In granting the state defendants’ motion to dismiss, the district court rejected their arguments that plaintiffs lacked standing to prosecute their claims. LULAC, 2004 WL 3048724 at *2.

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500 F.3d 523, 2007 U.S. App. LEXIS 20556, 2007 WL 2416474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-united-latin-american-citizens-v-bredesen-ca6-2007.