A Tennessee House Democrat expelled from the Legislature for helping lead an anti-gun rally is continuing a legal battle against the Republican House speaker, saying his constitutional rights are being violated.
Rep. Justin Jones of House District 52 in Nashville filed a memorandum in U.S. District Court on Dec. 30 amending his complaint against Speaker Cameron Sexton and three House staff members, challenging a motion they filed to dismiss the case. In addition to Sexton, Jones filed the lawsuit against House Chief Clerk Tammy Letzler, Chief Sergeant at Arms Bobby Trotter, and House Assistant Chief Clerk Daniel Hicks, saying they repeatedly “sought to silence” him and prevent him from dissenting on issues such as “reasonable gun control,” a violation of his federal and state rights.
Jones says the violations started when the defendants “unlawfully expelled” him and Rep. Justin Pearson, a Memphis Democrat, in April 2023 following a hearing on the House floor. Rep. Gloria Johnson of Knoxville, also a Democrat, narrowly escaped expulsion. Jones and Pearson were reappointed by local elected bodies to their seats less than a week after being expelled, then won re-election twice.
Jones filed his updated complaint in an effort to seek relief from “continuing violations” in advance of the 2025 session that starts Jan. 14. He says the defendants’ move to dismiss his complaint has no merit and that his case should proceed before U.S. District Court Judge Eli Richardson.
Jones says the defendants turned off his microphone and voting machine on March 30 when he tried to make a parliamentary inquiry about Sexton’s ban on his “Halt the Assault” lapel pin. Jones, Pearson, and Johnson entered the House well moments later and protested for strong gun laws, which led to the expulsion hearing. Jones says Sexton and the other defendants then punished him for exercising his right to free speech, removing him from committees, revoking his access to the Capitol and legislative garage, and then expelling him and Pearson, both of whom are Black, while allowing Johnson, who is white, to remain a House member.
The expulsion was “unprecedented,” Jones’ filing says, adding that in the House’s 200-year history, only three members had been removed for alleged criminal conduct.
Jones’ filing says efforts by Sexton and the other defendants to silence him continued through a special session in 2023 on public safety when new rules were introduced giving the House speaker “expansive powers to control debate.” Jones’ filing says the rules prevented him from asking for a vote of “no confidence” in Sexton. Violations continued through the 2024 session, Jones says, when the House set new rules controlling debate between members and seating in public areas. Jones says Sexton “continued to abuse his power and target” him by singling him out and repeatedly silencing and censuring him to prevent dissent.
Sexton and the other three defendants filed a motion to dismiss the lawsuit last fall saying the U.S. District Court lacks jurisdiction to handle the case because Jones has no standing to file suit and “due to state sovereign immunity.” They also said Jones’ claims are barred by personal immunity defenses and that the complaint fails to make a claim for which relief can be granted.
