Kurita loses State Senate challenge in federal court

Challenge to ruling by Judge Robert Echols expected

Email | Print By Ken Whitehouse

Rosalind Kurita

State Sen. Rosalind Kurita has lost her challenge in U.S. District against the Tennessee Democratic Party, in a ruling made today by Judge Robert Echols.

Kurita, along with her attorneys Bob Rochelle and James Bopp, had argued that her 14th amendment rights had been violated when the executive committee of the Tennessee Democratic Party voted to void her primary win over Clarksville businessman Tim Barnes.

After having apparently winning the Democratic nomination for re-election by a 19-vote margin, Barnes filed a challenge before the state Democratic Party that was upheld. The state party called the outcome of the race for the 22nd State Senate District "incurably uncertain" and voided the election. Barnes was eventually installed as the candidate.

During arguments held last week in federal district court, Kurita's legal team said that her primary win had been certified by the state and was legally a "property right." Echols said in his ruling today that it was not and that the state party was well within its rights to act as they did.

When the case was heard last week, Kurita said that no matter what the judgment was from Echols that this case would wind up in the 6th Circuit Court. Assuming Kurita files a challenge, which all indications are she will, that is where this is headed.

Representing Tim Barnes in this case was Nashville attorney George Barrett. Representing the Tennessee Democratic Party was Nashville attorney Brant Phillips.

To read a full copy of Judge Echols ruling, click here.