MEMPHIS, Tenn. — A Tennessee Appeals Court has overruled a Shelby County Circuit Court judge to deny class certification in the Janet Doe versus City of Memphis civil case.
The now-former class-action lawsuit has been working through the court system for roughly a decade after Memphis Police Department officials failed to test rape kits leading to a backlog of more than 12,000 untested kits.
“Because the trial court failed to clearly define the class being certified, we are unable to proceed to review the trial court’s decision,” the appeals court's decision from Nov. 26 reads. “Therefore, we vacate the trial court’s certification order and remand for further proceedings as may be necessary.”
City of Memphis attorneys appealed in August 2023 following the initial ruling by Circuit Court Judge Gina Higgins in March 2023.
The appeals court also reversed the prior decision in the case to allow victims to bypass the statute of limitations in filing the suit.
“More than a year after the announcements, the plaintiffs amended the complaint to add a new plaintiff,” the opinion reads. “The three original plaintiffs’ claims were either voluntarily dismissed or dismissed by the trial court based upon the statute of limitations. The City sought summary judgment against the only remaining plaintiff on the ground that her claims were time-barred.
“The trial court denied the motion for summary judgment, and this Court granted the City’s petition for an interlocutory appeal. Concluding that the applicable statute of limitations barred the new plaintiff’s claims, we reverse the trial court’s decision and remand.”
The initial appeal for the Janet Doe case had mentioned a ruling in Shelby County Circuit Court Division VII as the means for clarification. That ruling was in the Alicia Franklin civil suit against the city, which had been closed by the circuit court twice.
The Alicia Franklin case is still waiting on an appeals decision after arguments in February.
Both opinions from the appeals court have turned over the case to the circuit court for summary judgement and dismissing the claims against the city.
Gary Smith, who represents the class as well as Franklin, said there are two paths forward for the case that they are deciding upon.
Smith said they could either petition the Tennessee Supreme Court to hear the case, or they could refile in Shelby County Circuit Court. That decision will come in the next 60 days.
“Yesterday [the survivors] took another slap in the face, but the fight is not over,” Smith said. “We’re going to continue to pursue this. We’re going to continue to stand up for these victims and hope that in the end they finally get justice.”