A Texas-based public sector software maker has appealed to a North Carolina federal court to reject a proposed class certification. The proposal is brought forth by a group of individuals claiming that the company’s technology usage in North Carolina county courts led to illegal arrests and detentions. As detailed in a brief supplied by Tyler Technologies Inc., the assertion is that validating negligence in this case would require a sequence of individual trials. This proceeding, it contends, inherently contradicts any assertions about the commonality among possible class members.
A decided emphasis on unique arrest or detention circumstances forms a prominent part of each potential class member’s claim. This, the company points out, would demand an “individualized mini-trial”, thereby challenging the plaintiffs’ ability to satisfy the necessary elements of commonality or typicality in legal terms. The focus on individuality extends to issues of predominance, with Tyler arguing that elements unique to each case would significantly overlay common issues.
Referencing a relevant 2010 North Carolina case, Blackwell vs. Hatley, the brief underlines that a negligence claim must demonstrate a legally-owed duty or standard of care from the defendant to the plaintiff. This, they argue, cannot be established in a class-wide method and remains focused on each individual respectively.
The plaintiffs – North Carolina residents – have raised accusations that the North Carolina Administrative Office of the Courts and various state officials proceeded with new court software, despite complaints alleging wrongful arrests and unnecessary extended incarceration periods. Central to these accusations is their claim that a fundamental disconnection exists within two crucial components of the new eCourts system, namely eWarrants and Odyssey.
Last month, the proposing class cited a correlation with a 2020 lawsuit, Driver vs. Marion County in the Seventh Circuit. In that instance, the plaintiffs sought class certification for individuals negatively impacted by computer issues arising from new software adoption at a county jail. This comparison was used to bolster their appeal for class certification under Rule 23 of the Federal Rules of Civil Procedure.
However, the substantial growth of Tyler Technologies, becoming a significant player following court shifts to online proceedings due to the COVID-19 pandemic, and the subsequent expansion of the company through its $2.3 billion cash acquisition of NIC in 2021, perhaps amplifies the gravity of the allegations. Yet the problems for Tyler appear to be only growing, with issues becoming evident including a security flaw detected in their Odyssey Portal software which enabled public access to confidential records.
This ongoing case continues to unfold in the U.S. District Court for the Middle District of North Carolina (case Chaplin et al. v. Rowe et al., case number 1:23-cv-00423).