Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:13-cv-02117—Jon Phipps McCalla, District Judge.
Argued: June 14, 2016
Decided and Filed: October 17, 2016
Before: GIBBONS, GRIFFIN, and DONALD, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Lakendus Cole, a Memphis police officer,
was arrested in the early morning hours of August 26, 2012, shortly after leaving a night club on
Beale Street in downtown Memphis, Tennessee. After his arrest, he brought claims individually
and on behalf of those similarly situated, alleging that the City’s routine practice of sweeping
Beale Street at 3 a.m. on weekend nights violated his constitutional right to intrastate travel.
Cole and the class won at trial. The jury found that the City implemented its street-sweeping
policy without consideration of whether conditions throughout the Beale Street area posed an
existing, imminent, or immediate threat to public safety. Based on the jury’s findings, the
district court found the policy unconstitutional under strict scrutiny, entered an injunction, and
ordered other equitable relief on behalf of the class. The City appeals, arguing that it was error
to subject the Beale Street Sweep to strict scrutiny and error to certify a class pursuant to Federal
Rule of Civil Procedure 23(b)(2) when the precise members of the class were not ascertainable.
The City also argues that there was insufficient evidence to support the jury’s findings that the
Sweep was the cause of Cole’s arrest. For the reasons set forth below, we affirm the district