Case: Sandoval v. Alexander

2:96-cv-01875 | U.S. District Court for the Middle District of Alabama

Filed Date: Dec. 31, 1996

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On December 31, 1996, a non-English speaking Alabama resident filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Alabama, challenging the policy of Alabama Department of Public Safety under which driver's license examinations were administered only in English. Plaintiff alleged that the policy was unconstitutional and in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., and its im…

On December 31, 1996, a non-English speaking Alabama resident filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Alabama, challenging the policy of Alabama Department of Public Safety under which driver's license examinations were administered only in English. Plaintiff alleged that the policy was unconstitutional and in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., and its implementing regulations. Attorneys with the Southern Poverty Law Center, the American Civil Liberties Union Foundation of Northern California, Inc., the Employment Law Center, and private firms represented the plaintiff.

The District Court certified the case as a class action, with the class defined as "all legal residents of the State of Alabama who are otherwise qualified to obtain a Class D private vehicle driver's license but cannot do so because they are not sufficiently fluent in English."

Following a hearing, the District Court (Judge Ira De Ment) issued an extensive opinion, finding that the regulation had impermissible disparate impact on basis of national origin in violation of Title VI, and was not supported by substantial legitimate justification. The Court issued a permanent injunction barring enforcement of the regulation. Sandoval v. Hagan, 7 F.Supp.2d 1234 (M.D.Ala. 1998). The State appealed and the Appellate Court affirmed. Sandoval v. Hagan, 197 F.3d 484 (11th Cir. 999). The State's petition for rehearing and suggestion for rehearing en banc was denied. Sandoval v. Hagan, 211 F.3d 133 (11th Cir. 2000).

The Supreme Court granted certiorari. Alexander v. Sandoval, 530 U.S. 1305, 121 S.Ct. 28, 147 L.Ed.2d 1051 (U.S. Sep 26, 2000). The Supreme Court reversed the district court's judgment, holding that that individuals could not sue federally funded agencies over policies that had an unjustified discriminatory impact on members of minority groups. Alexander v. Sandoval, 532 U.S. 275, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001).

On remand, the Appellate Court entered an order reversing its prior opinion, vacating the district court's decision and remanding the case for dismissal in accordance with the Supreme Court's judgment. Sandoval v. Hagan, 268 F.3d 1065 (11th Cir. 2001).

It is reported that despite the Supreme Court ruling, Alabama continues to offer the driver's tests in eight foreign languages.

Summary Authors

Dan Dalton (12/12/2007)

People


Judge(s)

DeMent, Ira (Alabama)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Roney, Paul Hitch (Florida)

Walker, Susan Russ (Alabama)

Attorneys(s) for Plaintiff

Bowden, Ellen M. (Alabama)

Brownstein, Rhonda C. (Alabama)

Chen, Edward Milton (California)

Cohen, J. Richard (Alabama)

Ho, Christopher (California)

Judge(s)

DeMent, Ira (Alabama)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Roney, Paul Hitch (Florida)

Walker, Susan Russ (Alabama)

Attorneys(s) for Plaintiff

Bowden, Ellen M. (Alabama)

Brownstein, Rhonda C. (Alabama)

Chen, Edward Milton (California)

Cohen, J. Richard (Alabama)

Ho, Christopher (California)

Holliday, Shannon L. (Alabama)

Schultz, Mary B (Missouri)

Stadeker, Marcia Bull (Alabama)

Attorneys(s) for Defendant

Morrow, Robert E. (Alabama)

Park, John J. Jr. (Alabama)

Other Attorney(s)

Galanter, Seth Michael (District of Columbia)

Documents in the Clearinghouse

Document

2:96-cv-01875

Docket (PACER)

Sept. 25, 2001

Sept. 25, 2001

Docket
66

2:96-cv-01875

Memorandum Opinion, Judgment, Declaration, Order, and Permanent Injunction

7 F.Supp.2d 1234

June 3, 1998

June 3, 1998

Order/Opinion

98-06598

USCA Opinion

U. S. Court of Appeals for the Eleventh Circuit

197 F.3d 484

Nov. 30, 1999

Nov. 30, 1999

Order/Opinion

98-06598

Denials of Rehearing En Banc

U. S. Court of Appeals for the Eleventh Circuit

211 F.3d 133

Feb. 29, 2000

Feb. 29, 2000

Order/Opinion

99-01908

Order Granting Petition for Writ of Certiorari

Supreme Court of the United States

530 U.S. 1305

Sept. 26, 2000

Sept. 26, 2000

Order/Opinion

99-01908

Certiorari

Alexander v. Sandoval

Supreme Court of the United States

532 U.S. 275, 121 S.Ct. 1511

April 24, 2001

April 24, 2001

Order/Opinion

98-06598

USCA Order

U. S. Court of Appeals for the Eleventh Circuit

268 F.3d 1065

July 16, 2001

July 16, 2001

Order/Opinion

Resources

Docket

Last updated July 20, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (contains request for class certification) Filing Fee $ 120.00 Receipt # 63088 (dkt clerk) (Entered: 01/02/1997)

Dec. 31, 1996

Dec. 31, 1996

2

SUMMONS issued for L. N. Hagan, Dept. of Public Safety; summons and complaint returned to counsel for service. (dkt clerk) (Entered: 01/02/1997)

Dec. 31, 1996

Dec. 31, 1996

File referred to Judge DeMent. (dkt clerk) (Entered: 01/02/1997)

Jan. 2, 1997

Jan. 2, 1997

3

SUMMONS Returned Executed as to L. N. Hagan, Dept. of Public Safe 1/2/97 Answer due on 1/22/97 for Dept. of Public Safe, for L. N. Hagan (dkt clerk) (Entered: 01/03/1997)

Jan. 3, 1997

Jan. 3, 1997

4

ANSWER to Complaint by L. N. Hagan, Dept. of Public Safe (Attorney Robert E. Morrow, John J. Park Jr.), referred to Judge Ira De Ment (dkt clerk) (Entered: 01/22/1997)

Jan. 21, 1997

Jan. 21, 1997

5

SCHEDULING ORDER setting Pretrial Conference for 12/17/97 before Judge Ira De Ment Motion Filing deadline on 9/18/97 ; Discovery cutoff 12/3/97 ; set amended pleading deadline for 6/4/97 Non-jury trial set for 2/17/98 before Judge Ira De Ment ; Mediation Notice deadline on 6/30/97 ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 03/21/1997)

March 21, 1997

March 21, 1997

6

MOTION by Martha Sandoval to Certify Class (Exhibits 1 - 7 attached); referred to Judge Ira De Ment; referred to Mag. Judge Walker per Judge DeMent. (dkt clerk) Modified on 07/14/1997 (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

7

MOTION by Martha Sandoval for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 referred to Judge Ira De Ment (dkt clerk) (Entered: 05/30/1997)

May 29, 1997

May 29, 1997

Stamped ORDER granting [7-1] motion for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 06/02/1997)

June 2, 1997

June 2, 1997

8

RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [6-1] motion to Certify Class by Martha Sandoval referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

9

MOTION by L. N. Hagan, Dept. of Public Safe to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan (proposed amendment to answer attached); referred to Judge Ira De Ment(dkt clerk) Modified on 07/14/1997 (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

Motion(s) referred to Mag. Judge Susan R. Walker : [6-1] motion to Certify Class referred to Mag. Judge Susan R. Walker per instructions of Judge DeMent. (dkt clerk) (Entered: 06/16/1997)

June 16, 1997

June 16, 1997

File referred to Mag. Judge Walker. (dkt clerk) (Entered: 06/16/1997)

June 16, 1997

June 16, 1997

10

MOTION by Martha Sandoval to Compel defendants to produce documents , for award of reasonable expenses (Exhibits A and B attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

11

RESPONSE by Martha Sandoval to defendants' opposition to [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 07/14/1997)

July 11, 1997

July 11, 1997

12

RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [10-1] motion to Compel defendants to produce documents by Martha Sandoval (Affidavit of Lt. F. A. Bingham attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

13

ORDER, motion hearing set for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; furnished to MT, JT. (dkt clerk) (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

15

NOTICE of Attorney Appearance for Martha Sandoval by Shannon L. Holliday (dkt clerk) (Entered: 07/25/1997)

July 24, 1997

July 24, 1997

16

ORDER granting in part motion regarding class certification hearing; motion hearing reset for 10:00 8/21/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ; setting Telephone Conference for 4:00 8/19/97 ; that counsel for plaintiff will set up the telephone conference call; that the telephone conference call will address plaintiff's motion to compel filed 7/1/97, the response filed 7/14/97, and the plaintiff's motion for class certification; (signed by Mag. Judge Susan R. Walker), copies mailed to counsel; furnished to JT, and MT. (ydw) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

17

Stipulation of parties regarding hearing on plaintiff's motion for class certification re: cross-examination of affiants; referred to Mag. Judge Walker. (dkt clerk) (Entered: 08/19/1997)

Aug. 18, 1997

Aug. 18, 1997

Tele-conference held before Mag. Judge Susan R. Walker on 8/19/97 (dkt clerk) (Entered: 08/20/1997)

Aug. 19, 1997

Aug. 19, 1997

18

ORDER cancelling the class certification hearing set for8/21/97; plaintiff shall submit her amended class defination by 8/26/97; terminated deadlines ; denying as moot [10-1] motion to Compel defendants to produce documents; plaintiff has leave to renew her motion if necessary after defendants inform her of their additional efforts to locate the documents in question ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel. (dkt clerk) (Entered: 08/20/1997)

Aug. 20, 1997

Aug. 20, 1997

19

AMENDED MOTION by Martha Sandoval to Certify Class referring to: [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 08/27/1997)

Aug. 26, 1997

Aug. 26, 1997

20

REPORT AND RECOMMENDATIONS of Mag. Judge Susan R. Walker Re: [6-1] motion to Certify Class; that the motion to certify the class be GRANTED and that the named plaintiff be CERTIFIED as the representative of the class of all legal residents of the State of Alabama who are otherwise qualified to obtain a class D private vehicle driver's license but cannot do so because they are not sufficiently fluent in English; Motion no longer referred; Objections to R and R due by 9/16/97. Copies mailed to counsel (dkt clerk) (Entered: 09/03/1997)

Sept. 3, 1997

Sept. 3, 1997

21

MOTION by L. N. Hagan, Dept. of Public Safe to Extend Time to file dispositive motions ; referred to Judge Ira De Ment (dkt clerk) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

Stamped ORDER granting [21-1] motion to Extend Time to file dispositive motions, reset Scheduling Order Deadlines: Motion Filing to 10/24/97 ; ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

22

JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe to Amend [5-1] Scheduling order referred to Judge Ira De Ment (dkt clerk) (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

23

MOTION by L. N. Hagan to Quash subpoena , and for Protective Order (Exhibits l and 2 attached); referred to Mag. Judge Susan R. Walker (ajr) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

24

ORDER that the plaintiff's deadline for naming experts and providing expert reports and for responding to the defendants' motion for summary judgment is 11/7/97; the defendants' deadline for naming experts and providing expert reports and for replying to the plaintiff's response is 11/14/97; the deadline for the face-to-face settlment conference is 11/13/97 ( signed by Judge Ira De Ment ); copies mailed to counsel. (dkt clerk) (Entered: 10/10/1997)

Oct. 9, 1997

Oct. 9, 1997

25

ORDER, motion hearing set for 10:30 10/15/97, by telephone, before Mag. Judge Susan R. Walker for [23-1] motion to Quash subpoena, and [23-2] motion for Protective Order ; directing counsel for L. N. Hagan to set up the conference call; directing clerk of the court to notify all counsel of record via facsimile ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; furnished to MT, JT; faxed to counsel as directed. (dkt clerk) (Entered: 10/10/1997)

Oct. 10, 1997

Oct. 10, 1997

26

OPPOSITION by Martha Sandoval to [23-1] motion to Quash subpoena by L. N. Hagan, [23-2] motion for Protective Order by L. N. Hagan (Exhibits A - F attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

27

ORDER adopting [20-1] report and recommendation; granting motion to certify class; that named plaintiff is CERTIFIED as representative of the class; ( signed by Judge Ira De Ment ) , copies mailed to counsel. (ajr) (Entered: 10/17/1997)

Oct. 17, 1997

Oct. 17, 1997

28

MOTION by L. N. Hagan, Dept. of Public Safe for Summary Judgment referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)

Oct. 24, 1997

Oct. 24, 1997

29

MEMORANDUM by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits A - I attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)

Oct. 24, 1997

Oct. 24, 1997

30

MOTION by Martha Sandoval to alter the briefing schedule regarding the motion for summary judgment ; referred to Judge Ira De Ment (dkt clerk) (Entered: 10/30/1997)

Oct. 29, 1997

Oct. 29, 1997

31

ORDER granting in part [30-1] motion to alter the briefing schedule regarding the motion for summary judgment, Response to Motion set to 11/25/97 for [28- 1] motion for Summary Judgment for Martha Sandoval , set reply brief deadline for 12/5/97 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to RL. (dkt clerk) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

32

Notice Concerning Settlement Conference and Mediation filed by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 11/17/1997)

Nov. 14, 1997

Nov. 14, 1997

33

ORDER, set Scheduling Order Deadlines: Pretrial Conference for 1:00 12/17/97 before Judge Ira De Ment ; Proposed Pretrial Order due 12/10/97 ; Non-jury trial set for 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

34

MOTION by Martha Sandoval for Mary Beth Schultz to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 68447 referred to Judge Ira De Ment (dkt clerk) (Entered: 11/21/1997)

Nov. 19, 1997

Nov. 19, 1997

Remailed Order entered 11/17/97 (doc. no. 33) per Judge DeMent's instructions. (dkt clerk) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

35

ORDER denying [23-1] motion to Quash subpoena, denying [23-2] motion for Protective Order; directing the clerk of the court to notify all counsel by facsimile; ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; copy faxed. (ydw) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

Stamped ORDER granting [34-1] motion for Mary Beth Schultz to Appear Pro Hac Vice as counsel of record for the plaintiff (signed by District Judge Ira De Ment ) , copies mailed to counsel. (cc) (Entered: 11/25/1997)

Nov. 25, 1997

Nov. 25, 1997

36

RESPONSE (w/table of contents) by Martha Sandoval in opposition to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 1-29 maintained in separate binder); referred to Judge Ira De Ment (dkt clerk) Modified on 11/26/1997 (Entered: 11/26/1997)

Nov. 25, 1997

Nov. 25, 1997

37

Witness list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 12/01/1997)

Nov. 26, 1997

Nov. 26, 1997

38

REPLY BRIEF by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

39

SUPPLEMENT TO OPPOSITION by Martha Sandoval to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 30 - 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/29/1997)

Dec. 24, 1997

Dec. 24, 1997

40

Response by defendants to supplement to plaintiffs' opposition to defendants' motion for summary judgment (with attachments); referred to Judge DeMent. (dkt clerk) Modified on 01/07/1998 (Entered: 01/07/1998)

Jan. 6, 1998

Jan. 6, 1998

41

MOTION by Martha Sandoval to allow Spanish language interpreter at trial (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/16/1998)

Jan. 15, 1998

Jan. 15, 1998

42

MOTION by Martha Sandoval to exclude Ronald Johnson as trial witness (with attachment); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

43

MOTION by Martha Sandoval for special trial setting ; referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

Stamped ORDER denying as moot [42-1] motion to exclude Ronald Johnson as trial witness ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/03/1998)

Feb. 3, 1998

Feb. 3, 1998

Stamped ORDER granting [41-1] motion to allow Spanish language interpreter at trial ( by Judge Ira De Ment ) , copies mailed to counsel; furnished to TCC. (dkt clerk) (Entered: 02/03/1998)

Feb. 3, 1998

Feb. 3, 1998

44

Exhibit list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

45

SUPPLEMENTAL AUTHORITY by Martha Sandoval concerning [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/09/1998)

Feb. 9, 1998

Feb. 9, 1998

46

NOTICE by Martha Sandoval regarding defendants' proposed trial exhibits; referred to Judge DeMent. (dkt clerk) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

47

Pretrial Stipulations by parties (received in Judge's chambers 12/11/97); referred to Judge DeMent. (dkt clerk) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

48

OBJECTION by L. N. Hagan, Dept. of Public Safe to [46-1] notice regarding trial exhibits by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

Pre-Trial Conference held before Judge Ira De Ment on 12/17/97 (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

49

PRETRIAL ORDER set Scheduling Order Deadlines: Non-jury trial set for 10:00 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

Stamped ORDER denying as moot [22-1] joint motion to Amend [5-1] Scheduling order ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

Stamped ORDER denying as moot [14-1] motion for Reconsideration of [13-1] order setting a motion hearing for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class, denying as moot [14-2] motion to continue the hearing on the motion to certify class ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

Stamped ORDER granting [9-1] motion to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

50

ORDER denying [28-1] motion for Summary Judgment ( signed by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

51

MOTION by Martha Sandoval to Strike [48-1] objection to trial exhibits by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/13/1998)

Feb. 12, 1998

Feb. 12, 1998

52

Plaintiffs' memorandum regarding 42 U.S.C. Section 1981 claim; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

53

Defendants' position regarding plaintiffs' claims under 42 USC Section 1981; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

Non-jury trial held before Judge Ira De Ment on 2/17/98 through 2/18/98 (dkt clerk) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

54

Courtroom Deputy's MINUTES of proceedings: non-jury trial held 2/17/98 through 2/18/98 before Judge Ira DeMent; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to intentional discrimination - GRANTED; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to disparit impact theory - DENIED; granting defendants' motion for summary judgment on 1981 claim; 2/18/98 - defendants' ORAL MOTION for judgment as a matter of law - RESERVING RULING (Witness and Exhibit Lists attached) (dkt clerk) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

55

MOTION by Martha Sandoval to supplement the record with data regarding illiteracy (Exhibits 33, 34, 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

56

POST-TRIAL BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

57

POST-TRIAL BRIEF by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

58

MOTION by L. N. Hagan, Dept. of Public Safe to supplement record (Exhibit 5 and 7 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

Stamped ORDER granting [55-1] motion to supplement the record with data regarding illiteracy ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

Stamped ORDER granting [58-1] motion to supplement record ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

59

ORDER that by 10:00 a.m., 3/5/98, plaintiffs file a memorandum or brief responding to the Eleventh Amendment issues raised by the defendants ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to RL; faxed to counsel as directed. (dkt clerk) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

60

MOTION by Martha Sandoval to Amend [1-1] complaint (proposed amendment to complaint attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

61

SUPPLEMENTAL TRIAL-BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

62

REPLY by L. N. Hagan, Dept. of Public Safe to [61-1] supplemental trial brief by Martha Sandoval, and RESPONSE to [60-1] motion to Amend [1-1] complaint by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

63

MOTION by L. N. Hagan, Dept. of Public Safe to submit additional authority and brief argument relating to plaintiffs' Title VI claim (with attachments); referred to Judge Ira De Ment (dkt clerk) Modified on 09/18/1998 (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

Stamped ORDER (rendered 3/16/98) granting [63-1] motion to submit additional authority and brief argument relating to plaintiffs' Title VI claim ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) Modified on 03/17/1998 (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

64

MOTION by Martha Sandoval for Leave to File response to defendants 3/13 submission (proposed response to defendantas' March 13 submission attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

Stamped ORDER granting [64-1] motion for Leave to File response to defendants 3/13 submission ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

65

Plaintiffs' response to defendants' March 13 submission re: plaintiffs' Title VI claim; referred to Judge DeMent. (dkt clerk) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

66

MEMORANDUM OPINION, JUDGMENT, DECLARATION, ORDER AND PERMANENT INJUNCTION, rather than mandate specific relief at this time, it is CONSIDERED and ORDERED as follows: (1) Defendants' motion for judgment as a Matter of Law on Plaintiff's Title VI claims be and the same is hereby DENIED; (2) plaintiffs' [60-1] motion for leave to Amend [1-1] complaint be and the same is hereby GRANTED; (3) the Alabama Dept. of Public Safety, its officers, agents, servants, employees, attorneys, and all those in active concert or participation with them, be and the same are hereby PERMANENTLY RESTRAINED AND ENJOINED from enforcing or aiding, abetting, commanding, counseling or procuring the enforcement of the Department's English-Only policy; (4) The Director of the Dept. of Public Safety, in his official capacity, all those in active concert or participation with him; his agents, servants, employees, attorneys, and all those in active concert or participation with them, be and the same are hereby PERMANENTLY RESTRAINED AND ENJOINED from enforcing or aiding, abetting, commanding, counseling or procuring the enforcement of the Department's English-Only Policy; (5) on or before 7-20-98, the Defendants shall, in conjunction with the Plaintiffs, fashion proposed policies and practices for the accommodation of Alabama's non-English speaking residents who seek Alabama driver's licenses, (6) the parties shall submit their joint proposals to the court for its review and approval, as appropriate, on or before 7-20-98; (7) should the Parties fail to agree on specific issues, those issues should be cataloged by each party in a separate pleading, apart from the joint proposals. These separate pleadings shall be filed no later than 7-24-98, as further set out in order; Should a party intend to file a separate pleading outlining areas of disagreement, that Party shall file a pleading concurrent with the joint proposals filed 7-20-98, notifying the court of that Party's intention to file a pleading within five days therefrom; (8) on or before 6-26-98, the Parties shall provide the court with a status report outlining the Parties' progress in formulating proposed policies and practices consistent with this Memorandum Opinion; setting Status Report deadline to 6/26/98 ; (9) Should the Parties fail to reach agreement as to proposed policies and practices consistent with this Memorandum Opinion, or should the Parties fail to formulate adequate proposals, the court will then mandate specific relief, and will employ court-appointed experts to aid the court in fashioning appropriate releif, with costs taxed as appropriate; (10) The court retains jurisdiction over this action, and all of its aspects, pending further order of the court ( signed by Judge Ira De Ment ). Copies mailed and distributed to counsel. (djy) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

66

JUDGMENT see details in MEMORANDUM OPINION above ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 10/08/1998)

June 3, 1998

June 3, 1998

67

AMENDMENT TO COMPLAINT by Martha Sandoval amending [1-1] complaint (djy) (Entered: 10/08/1998)

June 3, 1998

June 3, 1998

68

ORDER and ERRATA: re: [Doc 66-1] (1) On page 182, line 20, "Deparment of Transportation's" is hereby amended to read "Department of Public Safety's."; (2) all other aspects of the court's 6-3-98 order shall remain in full force and effect ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

69

MOTION by Martha Sandoval to Alter or Amend Judment RE: [66-1] memorandum opinion and order referred to Judge Ira De Ment (djy) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

70

ORDER TO SHOW CAUSE, if any there be, why the motion to alter or amend judgment filed 6-17-98 should not be granted; and that plaintiff file a reply thereto, if desired, not later than 7-6-98; Response to Order to Show Cause due on 6/30/98 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/22/1998)

June 22, 1998

June 22, 1998

71

MOTION by L. N. Hagan, Dept. of Public Safe for Stay pending appeal referred to Judge Ira De Ment (djy) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

72

ORDER directing that the 6-26-98 deadline for filing a status report be and the same is hereby VACATED pending resolution of defendants' motion to stay ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

73

ORDER TO SHOW CAUSE, if any there be, why the motion for stay pending appeal filed by defendants on 6-23-98 should not be granted; Response to Order to Show Cause due on 6/30/98 for Martha Sandoval; setting reply brief deadline for 7/3/98 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ). Copies mailed and faxed, as directed, to counsel. (djy) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

74

RESPONSE by Dept. of Public Safe to [69-2] motion alter or Amend [66-1] memorandum opinion and order by Martha Sandoval. Referred to Judge Ira De Ment (djy) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

75

JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe to continue deadlines referred to Judge Ira De Ment (ajr) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

76

AMENDED ORDER TO SHOW CAUSE Response to Motion reset to 7/6/98 for [71-1] motion for Stay pending appeal , resetting reply brief deadline for 7/9/98 for Dept. of Public Safe, for L. N. Hagan , resetting reply brief deadline for 7/9/98 for Martha Sandoval ( signed by Judge Ira De Ment ) , copies mailed. (ajr) (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

77

RESPONSE by Martha Sandoval to [71-1] motion for Stay pending appeal by Dept. of Public Safe, L. N. Hagan. Referred to Judge Ira De Ment (djy) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

78

JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe for entry of Stay w/attachment. Referred to Judge Ira De Ment (djy) (Entered: 07/10/1998)

July 9, 1998

July 9, 1998

79

REPLY BRIEF by Martha Sandoval to [74-1] response in opposition to motion to alter judgment by Dept. of Public Safety. Referred to Judge Ira De Ment (djy) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

80

ORDER (1) plaintiffs' [69-1] motion to Alter or [69-2] Amend Judgment be and the same is hereby GRANTED; reserving ruling on plaintiffs' claim that the defendants violate the Equal Portection Clause by discriminating on the basis of language; (2) defendants' [71-1] motion for Stay pending appeal be and the same is hereby DENIED AS MOOT; (3) the parties' [78-1] joint motion for entry of Stay be and the same is hereby GRANTED; staying the injunctive terms of the court's 6-3-98 Memorandum Opinion pending appellate review; directing the parteis to abide by the terms of their agreement as set forth in their 7-9-98 joint motion (signed by Judge Ira De Ment). Copies mailed to counsel. (djy) (Entered: 07/13/1998)

July 13, 1998

July 13, 1998

81

NOTICE OF APPEAL by L. N. Hagan and the Alabama Department of Public Safety to the United States Court of Appeals, Eleventh Circuit from the Memorandum Opinion, Judgment and Declaration Order and Permanent Injunction entered on June 3, 1998. (Copies mailed to John J. Park, Jr. and Robert E. Morrow with appeal information sheet, Rhonda Brownstein, J. Richard Cohen, Ellen M. Bowden, Marcia Bull Stadeker, Mary Beth Schultz, Edward M. Chen, Christopher Ho and Shannon L. Holliday and copies to the USCA with copies of orders appealed from and docket entries.) FILING FEE $ 105.00 RECEIPT # 72326 (kcg) Modified on 08/03/1998 (Entered: 08/03/1998)

July 28, 1998

July 28, 1998

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 31, 1996

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Legal residents of the State of Alabama who are otherwise qualified to obtain a Class D private vehicle driver’s license but cannot do so because they are not sufficiently fluent in English.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Public Safety, State

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights