Case: Hale v. Jefferson County

09-cv-02041 | Alabama state trial court

Filed Date: June 30, 2009

Closed Date: 2009

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Case Summary

On June 30, 2009, the Sheriff and Assistant Sheriff of Jefferson County, Alabama, filed suit in the Circuit Court for the Bessemer Division of Jefferson County, under state law, against Jefferson County. The plaintiffs, represented by private counsel, sought an immediate temporary restraining order, a preliminary and permanent injunction, and declaratory relief, alleging that actions by the state legislature to reduce budgets during the fiscal year violated state law. Specifically, the plaintif…

On June 30, 2009, the Sheriff and Assistant Sheriff of Jefferson County, Alabama, filed suit in the Circuit Court for the Bessemer Division of Jefferson County, under state law, against Jefferson County. The plaintiffs, represented by private counsel, sought an immediate temporary restraining order, a preliminary and permanent injunction, and declaratory relief, alleging that actions by the state legislature to reduce budgets during the fiscal year violated state law. Specifically, the plaintiffs claimed that the County acted "arbitrarily and capriciously with no regard whatsoever for the various needs of the Office of the Sheriff and without regard for any constitutional or statutory obligations imposed on the Office of the Sheriff" by imposing budget cuts during the fiscal year and requiring the Sheriff's Office to submit a proposed budget for the following fiscal year that was 1/3 less than the previous year.

On July 1, 2009, the Circuit Court entered a temporary restraining order and set the matter for hearing on preliminary injunction. On July 2, 2009, defendant filed an emergency petition for relief, arguing that the Circuit Court of the Bessemer Division of Jefferson County lacked jurisdiction and was not authorized to enter a TRO. On July 7, 2009, the Circuit Court ordered the transfer of the case to the Birmingham Division of Jefferson County. On July 9, 2009, the Alabama Supreme Court granted the defendant's emergency petition, finding the Bessemer Division lacked authority to enter a TRO.

On July 16, 2009, the Birmingham Division of Jefferson County granted plaintiff's petition for preliminary injunction. The Court (Judge Joseph Boohaker) found that although the County was facing a budgetary crisis, and the Court did not have the authority to instruct the County on how to resolve the budgetary problems, the County acted "arbitrarily and capriciously" as to the Office of the Sheriff. The court enjoined the County from implementing its budgetary restrictions and ordered the parties to work in good faith towards a resolution. The parties were directed to appear in front of the court again on July 23, 2009 to report on their compliance.

On November 8, 2011, a discussion of the case was included as part of the amended complaint in a related case, Mason v. Hale, 7:11-cv-03155-TMP (

Summary Authors

Priyah Kaul (10/29/2014)

Related Cases

Mason v. Hale, Northern District of Alabama (2011)

People


Judge(s)

Boohaker, Joseph (Alabama)

Attorneys(s) for Plaintiff

Terry, Jon B (Alabama)

Expert/Monitor/Master

Jackson, Keith (Alabama)

Judge(s)

Boohaker, Joseph (Alabama)

Attorneys(s) for Plaintiff

Terry, Jon B (Alabama)

Expert/Monitor/Master

Jackson, Keith (Alabama)

Documents in the Clearinghouse

Docket

Last updated Sept. 9, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 30, 2009

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sheriff and Assistant Sheriff of Jefferson County, Alabama.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jefferson County (Birmingham, Jefferson), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2009 - 2009

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding