Case: Linda Smith v. Reese McKinney, Jr.

2:11-cv-00899 | U.S. District Court for the Middle District of Alabama

Filed Date: Oct. 19, 2011

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 19, 2011, several couples who reside in the state of Alabama filed a lawsuit in the Middle District of Alabama against Probate Judge Reese McKinney, Jr., under the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendant's policies discriminated against non-U.S. citizens trying to obtain a …

On October 19, 2011, several couples who reside in the state of Alabama filed a lawsuit in the Middle District of Alabama against Probate Judge Reese McKinney, Jr., under the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendant's policies discriminated against non-U.S. citizens trying to obtain a marriage license in Alabama.

In Alabama, no person may marry without a marriage license. One of a probate judge's ministerial jobs is to issue marriage licenses to those couples that meet the requirements. Alabama law does not explicitly say that proof of citizenship is a requirement to obtaining a marriage license. In fact, in 2008, the Alabama Attorney General, issued a statement saying citizenship was not a requirement to obtaining a marriage license. However, the Montgomery County Probate Office had on its website a requirement of showing "legal presence" in the U.S. for persons 18 years or older trying to obtain a marriage license.

On October 21, 2011, the plaintiffs filed their first amended complaint. On December 2, 2011, the clerk for the Middle District Court of Alabama accepted the plaintiffs' voluntary dismissal of the case.

Summary Authors

Perry Miska (3/23/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12934687/parties/smith-v-mckinney/


Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Knoepp, James Melvin (Georgia)

Rubio, Sigfredo (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bolling, Frederic A (Alabama)

Gillis, Henry Lewis (Alabama)

Means, Tyrone Carlton (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Knoepp, James Melvin (Georgia)

Rubio, Sigfredo (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bolling, Frederic A (Alabama)

Gillis, Henry Lewis (Alabama)

Means, Tyrone Carlton (Alabama)

Documents in the Clearinghouse

Document

2:11-cv-00899

Docket [PACER]

Dec. 2, 2011

Dec. 2, 2011

Docket
1

2:11-cv-00899

Class Action Complaint

Oct. 19, 2011

Oct. 19, 2011

Complaint
12

2:11-cv-00899

First Amended Complaint

Oct. 21, 2011

Oct. 21, 2011

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12934687/smith-v-mckinney/

Last updated Aug. 21, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Reese McKinney, Jr (Filing fee $ 350.00 receipt number 4602020290), filed by Linda Smith, John Doe. (Attachments: # 1 Exhibit A, # 2 Receipt)(br, ) (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

Clearinghouse
2

MOTION for Leave to Proceed Under a Pseudonym by John Doe. (Attachments: # 1 Text of Proposed Order)(br, ) (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
3

BRIEF/MEMORANDUM in Support re 2 MOTION for Leave to Proceed Under a Pseudonym filed by John Doe. (Attachments: # 1 Declaration of Heidi Beirich, # 2 Declaration of John Doe)(br, ) (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
4

Summons Issued; summons and complaint returned to counsel for personal service of Reese McKinney, Jr. (br, ) Modified on 10/20/2011 to correct file date (br, ). (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER

NOTICE of Assignment to Magistrate Judge mailed to counsel for John Doe, Linda Smith (br, )

Oct. 20, 2011

Oct. 20, 2011

PACER
5

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Linda Smith, John Doe. Corporate Disclosures due by 10/31/2011. (Attachments: # 1 Corporate Conflict Standing Order)(br, ) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
6

SUMMONS Returned Executed by Linda Smith, John Doe. Reese McKinney, Jr served by personal service 10/19/2011, answer due 11/9/2011. (br, ) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
7

ORDER granting 2 Motion for Leave to Proceed Under a Pseudonym, without prejudice to the defendants to object at the time their answers are filed. Signed by Honorable Judge Charles S. Coody on 10/20/2011. (br, ) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
8

Corporate/Conflict Disclosure Statement by John Doe, Linda Smith. (Brooke, Samuel) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
9

Corporate/Conflict Disclosure Statement by John Doe, Linda Smith. (Brooke, Samuel) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
10

Motion to Appear Pro Hac Vice by John Doe, Linda Smith. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
11

Motion to Appear Pro Hac Vice by John Doe, Linda Smith. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
12

AMENDED COMPLAINT Class Action against All Defendants, filed by Linda Smith, John Doe. (Attachments: # 1 Exhibit, # 2 Original Pleading)(Brooke, Samuel) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

Clearinghouse
13

PRO HAC VICE Filing fees for DANIEL WERNER and JAMES M. KNOEPP received re 10 and 11 Motions to Appear Pro Hac Vice: $100.00, receipt number 4602020313. (dmn) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
14

ORDER that the Motions for Admission Pro Hac Vice (Docs. 10 and 11 ) be and are hereby GRANTED and Attorneys James M. Knoepp and Daniel Werner be and are hereby ADMITTED to appear before this Court pro hac vice to represent the plaintiffs in this action. Counsel shall file a notice of appearance with the court. Signed by Honorable Judge Charles S. Coody on 10/25/2011. (dmn) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
15

NOTICE of Appearance by Daniel Werner on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
16

NOTICE of Appearance by Henry Lewis Gillis on behalf of Reese McKinney, Jr (Gillis, Henry) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER

***Attorney Tyrone Carlton Means, and Frederic Allen Bolling added for Reese McKinney, Jr. (dmn) (see Doc. 16 for pdf)

Oct. 27, 2011

Oct. 27, 2011

PACER
17

NOTICE of Appearance by James M Knoepp on behalf of John Doe, Linda Smith (Knoepp, James) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
18

MOTION for Leave to File Out-of-Time by Reese McKinney, Jr. (Gillis, Henry) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
19

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Reese McKinney. Corporate Disclosures due by 11/21/2011. (Attachments: # 1 Corporate Conflict Standing Order)(br, ) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER

NOTICE of Assignment to Magistrate Judge mailed to counsel for Reese McKinney, Jr (br, )

Nov. 10, 2011

Nov. 10, 2011

PACER
20

ORDER granting 18 Motion for Extension of Time; the time for the defendant to file a responsive pleading is EXTENDED to December 12, 2011. Signed by Honorable Judge Charles S. Coody on 11/10/2011. (br, ) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER

Reset Deadlines: Answer due from Reese McKinney, Jr 12/12/2011. (br, )

Nov. 10, 2011

Nov. 10, 2011

PACER
21

Corporate/Conflict Disclosure Statement by Reese McKinney, Jr re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Gillis, Henry) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
22

Case reassigned to Chief Judge William Keith Watkins and Honorable Judge Charles S. Coody. Honorable Judge Charles S. Coody no longer assigned to the case as presiding judge. (br, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
23

NOTICE by John Doe, Linda Smith Notice of Dismissal (Bauer, Mary) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
24

CLERK'S NOTICE of Voluntary Dismissal pursuant to the 23 Notice of Dismissal filed by the Plaintiffs on 12/1/2011, this case has been closed and removed from the docket of this court. (dmn, ) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 19, 2011

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are couples who wish to obtain a marriage license in Alabama but are barred from doing so because one or both persons are not U.S. citizens.

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: Mooted before ruling

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Marriage

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation