NASHVILLE, TN – On Thursday, December 21, 2017, Chief U. S. District Court Judge Waverly D. Crenshaw, Jr., for the Middle District of Tennessee, after de novo review, adopted U. S. Magistrate Judge Joe B. Brown’s Report and Recommendation (Nov. 21, 2017) to DENY (Without Prejudice) Defendants Mr. Jerry W. Harris; and Mr. David Sisk and Mr. Callaway Dial, Motions To Dismiss filed in Seay v. Rowland, et al, on July 24, 2017.
CHIEF U.S. DISTRICT COURT JUDGE WAVERLY D. CRENSHAW, JR.
Judge Crenshaw’s Order read in part: “[t]he factual allegations in the amended complaint, if accepted as true, raise a plausible claim of a civil conspiracy amongst the individual Defendants.”
ORDER BY U.S. DISTRICT COURT CHIEF JUDGE CRENSHAW – DEC. 21, 2017
On November 21, 2017, U.S. Magistrate Joe B. Brown reported and recommended:
“At this stage of the lawsuit, the amended complaint is read in the light most favorable to the pro se Plaintiff. The factual allegations in the amended complaint, if accepted as true, raise a plausible claim of a civil conspiracy amongst the individual Defendants.”
The Seay v. Rowland, Et Al, First Amendment law suit was filed on August 23, 2016.
It named Maury County Sheriff Bucky Rowland as Defendant, and alleged that Sheriff Rowland violated the Plaintiff’s First Amendment rights to free speech and freedom of the press on June 3, 2016, at the Columbia Spring Jubilee Horse in Maury County Park in Columbia, TN.
Seay’s suit seeks “nominal damages” from Mr. Bucky Rowland who was sued in his official capacity as Sheriff of Maury County, Tennessee, rather than individually.
On May 24, 2017, the Plaintiff filed Motion For Leave To Amend Complaint to add “Big Lick” Videographer/Propagandist Mr. Jerry W. Harris, Maury Horseman Officials Mr. David Sisk and Mr. Callaway Dial as Defendants.
On June 20, 2017, U.S. Magistrate Judge Joe B. Brown granted the Plaintiff’s Motion.
The Plaintiff filed an Amended Complaint on June 26, 2017, asking for $100,000.00 punitive damages each against Mr. Jerry W. Harris and Mr. David Sisk, and made the following allegations: ” … Defendants Mr. David Sisk, and Mr. Jerry Harris maliciously, intentionally, recklessly and outrageously schemed, colluded and conspired as state actors, along with Maury County Sheriff Bucky Rowland, and his Deputies, all acting under color of state law, to injure, oppress, threaten, intimidate and deprive the plaintiff (publisher of www.billygoboy.com publication) and his journalistic associates/animal welfare activists from being able to freely exercise their First Amendment and Fourteenth Amendment constitutional rights to take videos and photos at the Columbia Spring Jubilee Horse Show in Maury County Park on June 3, 2016, for the purpose of putting them on the internet and social media [to] inform the public and for the world to see the “Big Lick” Animal Cruelty to Tennessee Walking Horses.”
On July 24, 2017, attorneys for Defendants Mr. Jerry W. Harris, Mr. David Sisk and Mr. Callaway Dial filed Motions To Dismiss the lawsuit, Memorandums supporting came, and asked the Court to grant Sanctions and Attorneys Fees against the Plaintiff.
U.S. Magistrate Judge Joe B. Brown issued his Report and Recommendation to the Chief U.S. District Judge Waverly D. Crenshaw on
U. S. MAGISTRATE JOE BROWN REPORT & RECOMMENDATION – NOV. 21, 2017
AUG. 25, 2016
DEC 11. 2016
MAY 27, 2017
MAY 30, 2017
JUNE 28, 2017
AUGUST 7, 2017