Case: McGuire v. Murphy

2:11-cv-01027 | U.S. District Court for the Middle District of Alabama

Filed Date: Dec. 2, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 2, 2011, a private individual filed this lawsuit in the Middle District of Alabama, under 42 U.S.C. § 1983 and state law, against the City of Montgomery Police Department, the Chief of Police, the Montgomery County Sheriff's Department, and the Alabama Department of Public Safety. Represented by Equal Justice Under Law and local private counsel, the plaintiff alleged that the application of Alabama's sex offender registration law violated his Fourteenth Amendment right to due proce…

On December 2, 2011, a private individual filed this lawsuit in the Middle District of Alabama, under 42 U.S.C. § 1983 and state law, against the City of Montgomery Police Department, the Chief of Police, the Montgomery County Sheriff's Department, and the Alabama Department of Public Safety. Represented by Equal Justice Under Law and local private counsel, the plaintiff alleged that the application of Alabama's sex offender registration law violated his Fourteenth Amendment right to due process of law and denied him equal protection; subjected him to ex post facto laws, in violation of Article I Section 10; subjected him to illegal search and false imprisonment, in violation of the Fourth and Fourteenth Amendments; subjected him to false imprisonment and false arrest, in violation of Alabama law; and tortiously intentionally inflicted emotional distress on him.

The Alabama Sex Offender Registration and Community Notification Act ("ASORCNA") applied to adult offenders convicted of one of thirty-one offenses defined as a sex offense under Alabama law, as well as those convicted in another jurisdiction of a crime that, "if it had been committed in [Alabama] under the current provisions of law, would constitute" one of the enumerated offenses. The entire scheme is retroactive, capturing any enumerated or similar offense regardless of when it was committed. ASORCNA restricts where a registrant may live and work, requires the distribution of community-notification flyers to those living near a registrant's residence, and provides for a "public registry website maintained by the Department of Public Safety." The website was required to include specific information regarding each registrant. Registrants must "appear in person to verify all required registration information" quarterly; homeless registrants who reside in municipalities ("in-town registrants"), such as the plaintiff in this case, must also register weekly - and in person - with both the local police and county sheriff.

Additionally, ASORCNA required registrants who intended to be away from their county of residence for three or more consecutive days to "report such information in person immediately prior to leaving" and to complete a travel permit form providing "the dates of travel and temporary lodging information." When a registrant obtained a permit, the registrant's local sheriff must "immediately notify local law enforcement" in the registrant's destination. Importantly, in-town registrants were required to obtain travel permits from both the local police and county sheriff, despite the fact that the forms for obtaining travel permits were virtually identical for both jurisdictions. ASORCNA's provisions applied for life and without regard to the nature of the offense, the age of the victim, or the passage of time since the underlying sex offense.

On January 17, 2012, the plaintiff voluntarily dismissed all claims against the City of Montgomery Police Department, the Montgomery County Sheriff's Department, and various named individuals. On March 16, 2012, the plaintiff dismissed all claims against the Alabama Department of Public Safety.

On March 29, 2012, the District Court (Chief Judge William Keith Watkins) granted the defendants' motion to dismiss with respect to all but Claim IV, which alleged that the retroactive application of Alabama's sex offender registration law violated the plaintiff's rights under the Ex Post Facto Clause. That claim was heard at trial by Chief Judge William Keith Watkins in March and April of 2014.

At trial, the plaintiff argued that the Alabama Sex Offender Registration and Community Notification Act ("ASORCNA") retroactively applied a set of restrictions that was "so punitive in its cumulative effects that it violates the ex post facto clause of the United States Constitution." The plaintiff alleged that ASORCNA caused him to be homeless by banishing him from his mom's home, his brother's home, his wife's home, and over 80% of the housing stock in Montgomery. He further alleged that ASORCNA contributed to, if not directly caused, the homelessness of dozens of other registrants across the state, and that it contributed to, if not directly caused, a 50% unemployment rate (over eight times the statewide average) amongst registrants. He described the ways in which ASORCNA imposed direct barriers on intra- and interstate travel, publicly branded all registrants, and created crushingly burdensome reporting obligations. He further argued that, under the United States Constitution, such extreme punishments could not be applied retroactively.

On February 5, 2015, the District Court issued an order declaring that, with respect to sex offenders convicted before the passage of ASORCNA in 2011, ASORCNA was unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it required (1) in-town homeless registrants to register on a weekly basis with two separate law-enforcement jurisdictions, and (2) all in-town registrants to complete travel permit applications with two separate law-enforcement jurisdictions.

The court explained that the issue in the case centered on the question of whether ASORCNA could fairly be characterized as criminal, imposing a retroactive punishment, or if it was more properly categorized as civil and non-punitive. Although he concluded that the plaintiff did not show by the clearest proof that ASORCNA's scheme as a whole was so punitive either in purpose or effect as to negate the Legislature's stated non-punitive intent, Judge Watkins reasoned that the two dual-jurisdiction requirements "are so punitive in their effect as to negate the Alabama Legislature's stated non-punitive intent by the clearest proof."

Judge Watkins declined to enjoin enforcement of the law, stating that he "is confident that state officials will abide by the judgment of this court declaring that [certain provisions of] ASORCNA [are] unconstitutional." Because the the Alabama Legislature expressed its intention that ASORCNA's provisions be severable and because the Act could be given effect absent the unconstitutional requirements, the remainder of ASORCNA remains "intact and in force." 83 F.Supp.3d 1231.

Both parties appealed. Oral argument was held on Feb. 26, 2016. The court remanded the case on the limited issue of determining if the plaintiff was still homeless or if the issue was moot. The plaintiff confirmed his ongoing homeless status on April 6, 2016.

Meanwhile, in the district court, the parties argued over attorney's fees.

As of April 18, 2020, the case is still pending in the Eleventh Circuit.

Summary Authors

Rebecca Eisenbrey (3/16/2015)

Virginia Weeks (1/27/2018)

Claire Shimberg (4/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5544159/parties/mcguire-v-marshall/


Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Faulk, Elizabeth Peyton (Alabama)

McGuire, Joseph Mitchell (Alabama)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Bellinger, Stacy Lott (Alabama)

Crook, Charles M. (Alabama)

Davis, James William (Alabama)

Gallion, Thomas T. III (Alabama)

Howell, Laura Elizabeth (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Faulk, Elizabeth Peyton (Alabama)

McGuire, Joseph Mitchell (Alabama)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Bellinger, Stacy Lott (Alabama)

Crook, Charles M. (Alabama)

Davis, James William (Alabama)

Gallion, Thomas T. III (Alabama)

Howell, Laura Elizabeth (Alabama)

Lowe, J. Haran (Alabama)

McCollum, Frank Timothy (Alabama)

Means, Tyrone Carlton (Alabama)

Parker, William G. Jr. (Alabama)

Paulk, Jason Cole (Alabama)

Payne, Joshua K (Alabama)

Reed, Stacy Lott (Alabama)

Sinclair, Winfield J. (Alabama)

Smyczek, Peter John (Alabama)

Walker, Constance Caldwell (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

McGuire v. Marshall

Jan. 17, 2020 Docket
1

Complaint

Dec. 2, 2011 Complaint
15

Order [Denying P's Motion for a TRO]

Dec. 13, 2011 Order/Opinion
74

Third Amended Complaint and Motion for Injunctive Relief and Declaratory Judgment

Feb. 9, 2012 Complaint
112

Memorandum Opinion and Order [Granting D's Motions to Dismiss as to Counts I–III and V–XII of Plaintiff’s Amended Complaint]

2013 WL 1336882

March 29, 2013 Order/Opinion
113

Order [Denying P's Motion for PI]

March 29, 2013 Order/Opinion
120

Order [denying P's motion to amend and motion to stay]

April 29, 2013 Order/Opinion
214

Order on Pretrial Hearing

March 12, 2014 Order/Opinion
283

Memorandum Opinion and Order

83 F.Supp.3d 1231, 2015 WL 476207

Feb. 5, 2015 Order/Opinion
284

Final Judgment for Declaratory Relief

Feb. 5, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5544159/mcguire-v-marshall/

Last updated May 20, 2022, 3:52 a.m.

ECF Number Description Date Link
112

MEMORANDUM OPINION AND ORDER that Defendants' Motions to Dismiss 78 , 80 , 83 , 86 are GRANTED in part and DENIED in part. Specifically, the Motions to Dismiss are GRANTED as Counts IIII and VXII of Plaintiff's Amended Complaint 74 , and these claims are DISMISSED with prejudice. The Motions to Dismiss are DENIED as to Count IV. In sum, only Plaintiff's claim that the retroactive application of Alabama's CNA and ASORCNA violate his rights under the Ex Post Facto Clause remains. Signed by Chief Judge William Keith Watkins on 3/29/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )

1 Civil Appeals Checklist

View on PACER

March 29, 2013 RECAP
1

COMPLAINT and Application for Injunctive Relief against All Defendants ( Filing fee $ 350.00 receipt number 4602020733.), filed by Michael A. McGuire. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(jg, ) (Additional attachment(s) added on 12/7/2011: # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18) (jg, ). (Additional attachment(s) added on 12/7/2011: # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21) (jg, ). (Entered: 12/07/2011)

Dec. 2, 2011
283

MEMORANDUM OPINION AND ORDER: it is ORDERED and DECLARED that ASORCNA is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate law-enforcement jurisdictions as provided by § 15-20A-12(b) in conjunction with § 15-20A-4(13) and (2) all in-town registrants to complete travel permit applications with two separate law-enforcement jurisdict ions as provided by § 15-20A-15 in conjunction with § 15-20A-4(13). It is further ORDERED that the Attorney Generals oral Motion to Strike and Defendants oral Motions for Judgment as a Matter of Law are DENIED AS MOOT. Signed by Chief Judge William Keith Watkins on 2/5/2015. (kh, )

Feb. 5, 2015 RECAP

(Remaining Claim in this Case is a Non−Jury Matter Pursuant to 122 Order) DEMAND for Trial by Jury by Michael A. McGuire. See 1 for this docket entry. (No pdf for this entry) (jg, ) Modified on 5/6/2013 (jg, ). (Entered: 12/07/2011)

Dec. 2, 2011
2

Corporate/Conflict Disclosure Statement by Michael A. McGuire. (jg, ) (Entered: 12/07/2011)

Dec. 2, 2011
350

ORDERED that the 285 motion for attorney's fees is DENIED without prejudice and with leave to re-file no later than fourteen days after entry of the mandate by the Court of Appeals on the pending appeal. Further, 346 the motion to strike is DENIED as moot. Signed by Chief Judge William Keith Watkins on 8/27/2015. (kh, )

Aug. 27, 2015 RECAP
357

ORDERED that, on or before April 8, 2016, Defendants shall state, in writing, whether they dispute Plaintiff's assertion that he is currently homeless. Further, if Defendants contend that Plaintiff is not currently homeless, they shall submit an affidavit or other evidentiary material to support that contention. Signed by Chief Judge William Keith Watkins on 4/4/2016. (kh, )

April 4, 2016 RECAP
3

Summons Issued: Summons and complaint returned to counsel for personal service as to D. T. Marshall, Leigh Persky, Hugh B. McCall, Lindsey Clements, Luther Strange, City of Montgomery Police Department, Kevin J. Murphy, R. B. Gordon, T. A. LaChance, R. L. Duckett, A. L. Savell, Montgomery County Sheriff's Department. (jg,

Dec. 5, 2011

NOTICE of Assignment to Magistrate Judge mailed to counsel for Michael A. McGuire. (jg, ) (Entered: 12/07/2011)

Dec. 7, 2011
365

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 361 motion for reconsideration is GRANTED; 2) Plf's 361 motion for an interim award of costs and attorney's fees is GRANTED IN PART to the extent provided in this Memorandum Opinion and Order. In all other respects, Plf's 361 motion for an interim award of costs and attorney's fees is DENIED; 3) Dft Stephen T. Marshall's 363 motion to summarily deny Plf's 361 motion for reconsideratio n is DENIED; 4) On or before 2/1/2018, the State Official Dfts (Dfts Charles Ward, Stephen T. Marshall, D. T. Marshall, in their official capacities) shall deliver to Attorney McGuire $82,417.00, representing a reasonable interim attorney's fee for Mr. McGuire's work in obtaining the relief afforded by the 284 Judgment. This figure does not reflect fees on appeal; 5) Plf may file a motion for costs and additional attorney's fees, including the EJUL attorneys' fees, att orneys' fees reasonably incurred with respect claims on which Plf may prevail on appeal, fees and costs incurred after entry of the judgment, and any other appropriate attorneys' fees and costs, no later than fourteen days after entry of th e mandate by the Court of Appeals on the pending appeal. Signed by Chief Judge William Keith Watkins on 1/5/2018. (alm, ) (Main Document 365 replaced on 1/8/2018 to attach a corrected PDF document to correct a typographical error to reflect a date of 2/1/2018 and not 2/1/2017 in the 4th directive of page 28 of the Order) (alm, ). Modified on 1/8/2018 (alm, ).

Jan. 5, 2018 RECAP
5

Summons Issued: Summons and complaint sent by CMRRR as to Eric Holder Attorney General. (jg, ) (Entered: 12/07/2011)

Dec. 7, 2011
369

Withdraw as Attorney

April 28, 2022 PACER
6

MOTION for Temporary Restraining Order with attached Exhibits 1−3 by Michael A. McGuire. (McGuire, Joseph) Modified on 12/12/2011 to clarify that exhibits were filed within motion (jg, ). (Additional attachment(s) added on 12/12/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/09/2011)

Dec. 9, 2011

Order on Motion to Withdraw as Attorney

May 2, 2022 PACER
7

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. (djy, ) (Entered: 12/09/2011)

Dec. 9, 2011
8

Summons Issued: Summons and complaint sent by CMRRR as to George L. Beck, Jr. US Attorney's Office. (jg, ) (Entered: 12/12/2011)

Dec. 12, 2011
9

NOTICE of Appearance by Winfield James Sinclair on behalf of Luther Strange (Sinclair, Winfield) (Entered: 12/12/2011)

Dec. 12, 2011
10

Corporate/Conflict Disclosure Statement by Luther Strange. (Sinclair, Winfield) (Entered: 12/12/2011)

Dec. 12, 2011
11

Evidentiary Submission filed by Luther Strange. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Sinclair, Winfield) (Entered: 12/12/2011)

Dec. 12, 2011
12

BRIEF/MEMORANDUM in Opposition re 6 MOTION for Temporary Restraining Order filed by Luther Strange. (Sinclair, Winfield) (Entered: 12/12/2011)

Dec. 12, 2011
13

Return Receipt Card of summons and complaint signed by "no signature and no date" for Eric Holder, Attorney General. (jg, ) (Entered: 12/12/2011)

Dec. 12, 2011

***Attorney Peter John Smyczek for Luther Strange added pursuant to 9 notice of appearance (NO PDF Document attached to this notice). (djy, ) (Entered: 12/14/2011)

Dec. 12, 2011
14

RESPONSE in Opposition re 12 BRIEF/MEMORANDUM in Opposition by Michael A. McGuire. (McGuire, Joseph) (Additional attachment(s) added on 12/13/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/13/2011)

Dec. 13, 2011
15

ORDER that the Motion for Temporary Restraining Order 6 is DENIED as further set out in order. Signed by Chief Judge William Keith Watkins on 12/13/2011. (jg, ) (Entered: 12/13/2011)

Dec. 13, 2011
16

AMENDMENT TO COMPLAINT against All Defendants, filed by Michael A. McGuire. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(McGuire, Joseph) (Entered: 12/14/2011)

Dec. 14, 2011
17

NOTICE of Appearance by Thomas T. Gallion, III on behalf of D. T. Marshall, Montgomery County Sheriff's Department, Leigh Persky (Gallion, Thomas) (Additional attachment(s) added on 12/15/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/14/2011)

Dec. 14, 2011
18

Corporate/Conflict Disclosure Statement by Montgomery County Sheriff's Department. (Gallion, Thomas) (Additional attachment(s) added on 12/15/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/14/2011)

Dec. 14, 2011
19

Corporate/Conflict Disclosure Statement by D. T. Marshall. (Gallion, Thomas) (Additional attachment(s) added on 12/15/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/14/2011)

Dec. 14, 2011
20

Corporate/Conflict Disclosure Statement by Leigh Persky. (Gallion, Thomas) (Additional attachment(s) added on 12/15/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/14/2011)

Dec. 14, 2011
21

Return receipt card showing service of summons and complaint for George L. Beck, Jr. US Attorney by Vanity V. Martin on 12/12/2011, answer due on 2/10/2012. (jg, ) Modified on 12/15/2011 to add answer deadline (jg, ). (Entered: 12/14/2011)

Dec. 14, 2011

***Attorney Constance Caldwell Walker for D. T. Marshall, Montgomery County Sheriff's Department and Leigh Persky added pursuant to 17 notice of appearance. (No pdf for this docket entry) (jg, ) (Entered: 12/15/2011)

Dec. 14, 2011
22

NOTICE of Appearance by Jason Cole Paulk on behalf of City of Montgomery Police Department, R. L. Duckett, R. B. Gordon, T. A. LaChance, Kevin J. Murphy, A. L. Savell (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
23

Corporate/Conflict Disclosure Statement by R. L. Duckett. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
24

Corporate/Conflict Disclosure Statement by R. B. Gordon. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
25

Corporate/Conflict Disclosure Statement by T. A. LaChance. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
26

Corporate/Conflict Disclosure Statement by Kevin J. Murphy. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
27

Corporate/Conflict Disclosure Statement by A. L. Savell. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
28

Corporate/Conflict Disclosure Statement by City of Montgomery Police Department. (Paulk, Jason) (Entered: 12/21/2011)

Dec. 21, 2011
29

MOTION to Dismiss 16 Amended Complaint by Luther Strange. (Sinclair, Winfield) Modified on 12/22/2011 to clarify docket text (jg, ). (Entered: 12/22/2011)

Dec. 22, 2011
30

BRIEF/MEMORANDUM in Support re 29 Motion to Dismiss Amended Complaint filed by Luther Strange. (Sinclair, Winfield) Modified on 12/23/2011 to add link (br, ). (Entered: 12/22/2011)

Dec. 22, 2011
31

BRIEFING ORDER setting the 29 MOTION to Dismiss for submission, without oral argument, on 1/20/2012; directing plaintiff to file a response and brief on or before 1/13/2012; permitting reply on or before 1/20/2012; setting forth the briefing schedule for all future dispositive motions. Signed by Chief Judge William Keith Watkins on 12/23/2011. (br, ) (Entered: 12/23/2011)

Dec. 23, 2011
32

MOTION for Preliminary Injunction by Michael A. McGuire. (McGuire, Joseph) (Main Document 32 replaced on 12/27/2011 to reflect a correct certificate of service) (jg, ). (Entered: 12/23/2011)

Dec. 23, 2011
33

BRIEF/MEMORANDUM in Support re 32 MOTION for Preliminary Injunction filed by Michael A. McGuire. (McGuire, Joseph) (Main Document 33 replaced on 12/27/2011 to reflect a correct certificate of service) (jg, ). (Entered: 12/23/2011)

Dec. 23, 2011
34

NOTICE of Correction re 32 MOTION for Preliminary Injunction, 33 BRIEF/MEMORANDUM in Support: Notice of Correction is being filed this date to advise that the referenced documents were filed on 12/23/2011 and did not have a correct certificate of service attached. The corrected pdfs are attached to this notice. (Attachments: # 1 Correct Motion for Preliminary Injunction, # 2 Correct Brief in Support of Motion)(jg, ) (Entered: 12/27/2011)

Dec. 27, 2011
35

MOTION to Dismiss 16 Amended Complaint by D. T. Marshall, Montgomery County Sheriff's Department, Leigh Persky. (Attachments: # 1 Exhibit Exhibit A and B)(Gallion, Thomas) Modified on 12/28/2011 to add link to amended complaint (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
36

NOTICE of Appearance by Joseph Haran Lowe, Jr on behalf of Lindsey Clements, Hugh B. McCall (Lowe, Joseph) (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
37

Corporate/Conflict Disclosure Statement by Lindsey Clements. (Lowe, Joseph) (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
38

Corporate/Conflict Disclosure Statement by Hugh B. McCall. (Lowe, Joseph) (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
39

MOTION to Dismiss 16 amended complaint by Lindsey Clements. (Lowe, Joseph) Modified on 12/28/2011 to clarify docket text (jg, ). (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
40

MOTION to Dismiss 16 amended complaint by Hugh B. McCall. (Lowe, Joseph) Modified on 12/28/2011 to clarify docket text (jg, ). (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
41

BRIEF/MEMORANDUM in Support re 40 motion to dismiss filed by Lindsey Clements, Hugh B. McCall. (Lowe, Joseph) Modified on 12/28/2011 to add link to motion to dismiss (jg, ). (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011
42

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 16 Amended Complaint by City of Montgomery Police Department, R. L. Duckett, R. B. Gordon, T. A. LaChance, Kevin J. Murphy, A. L. Savell. (Paulk, Jason) Modified on 12/28/2011 to add link to amended complaint (jg, ). (Additional attachment(s) added on 12/28/2011: # 1 Correct Certificate of Service) (jg, ). (Entered: 12/27/2011)

Dec. 27, 2011

***Attorney Frank Timothy McCollum for Lindsey Clements and Hugh B. McCall added pursuant to 36 notice of appearance. (No pdf for this docket entry) (jg, ) (Entered: 12/28/2011)

Dec. 27, 2011
43

ORDER: Upon consideration of Plaintiff's Motion for Preliminary Injunction 32 , it is ORDERED that all Defendants who have made appearances in this action file a response, which shall include a brief, on or before January 17, 2012. Plaintiff may file a reply brief on or before January 24, 2012 as further set out in order; Oral argument on all pending motions shall be held at 8:30 a.m. on January 26, 2012, in Courtroom 2−E, Frank Johnson Federal Courthouse, Montgomery, Alabama as further set out in order. Signed by Chief Judge William Keith Watkins on 12/29/2011. (jg, ) (Entered: 12/29/2011)

Dec. 29, 2011
44

Amended BRIEF/MEMORANDUM in Support re 29 MOTION to Dismiss Amended Complaint (Doc. 16) filed by Luther Strange. (Smyczek, Peter) Modified on 1/3/2012 to clarify the docket text (wcl, ). (Additional attachment(s) added on 1/3/2012: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 12/30/2011)

Dec. 30, 2011
45

NOTICE of Appearance by Elizabeth Peyton Faulk on behalf of All Plaintiffs (Faulk, Elizabeth) (Main Document 45 replaced on 1/10/2012 to reflect the correct date and certificate of service) (jg, ). (Entered: 01/09/2012)

Jan. 9, 2012
46

NOTICE of Correction re 45 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced document was filed on 1/9/2012 and did not have a correct certificate of service attached or correct date. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Notice of Appearance)(jg, ) (Entered: 01/10/2012)

Jan. 10, 2012
48

STIPULATION of Dismissal Voluntary Stipulation of Dismissal Without Prejudice by Michael A. McGuire. (Faulk, Elizabeth) (Entered: 01/16/2012)

Jan. 16, 2012
49

ORDER: Based upon that stipulation, Plaintiff's claims against (1) the City of Montgomery Police Department, (2) R. B. Gordon, (3) T. A. LaChance, (4) R. L. Duckett, (5) A. L. Savell, (6) the Montgomery County Sheriff's Department, (7) Leigh Persky, (8) Lindsey Clements, and (9) Eric Holder have been dismissed by operation of Rule 41(a)(1),2 on the terms set out in the notice; that the motion to dismiss 39 , filed by Defendant Lindsey Clements, is DENIED as moot. It is further ORDERED that the motions to dismiss 35 , 42 , filed by Defendants City of Montgomery Police Department, Leigh Persky, R. L. Duckett, R. B. Gordon, T. A. LaChance, and A. L. Savell, are DENIED as moot. These motions to dismiss remain pending as to Defendant D. T. Marshall 35 and Defendant Kevin Murphy 42 . Signed by Chief Judge William Keith Watkins on 1/17/2012. (jg, ) Modified on 1/17/2012 to clarify docket text (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
50

Second MOTION to Amend/Correct 1 Complaint,, 16 Amendment to Complaint, Second Motion to Amend Complaint with Proposed Second Amended Complaint by Michael A. McGuire. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Faulk, Elizabeth) (Additional attachment(s) added on 1/18/2012: # 2 Correct Certificate of Service) (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
51

Evidentiary Submission in Response to Plaintiff's 32 Motion for Injunctive Relief filed by Kevin J. Murphy. (Attachments: # 1 Affidavit Affidavit of R.L. Duckett with Certified Copies Attached)(Paulk, Jason) Modified on 1/18/2012 to add link to motion (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
52

BRIEF/MEMORANDUM in Opposition to Plaintiff's 32 Motion for a Preliminary Injunction filed by Luther Strange. (Smyczek, Peter) Modified on 1/18/2012 to add link to motion (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
53

BRIEF/MEMORANDUM in Opposition re 32 MOTION for Preliminary Injunction filed by D. T. Marshall. (Gallion, Thomas) (Entered: 01/17/2012)

Jan. 17, 2012
54

RESPONSE to Motion re 32 MOTION for Preliminary Injunction filed by Hugh B. McCall. (Lowe, Joseph) (Entered: 01/17/2012)

Jan. 17, 2012
55

BRIEF/MEMORANDUM in Support re 32 MOTION for Preliminary Injunction, 33 BRIEF/MEMORANDUM in Support filed by Michael A. McGuire. (McGuire, Joseph) (Additional attachment(s) added on 1/18/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
56

RESPONSE to Motion re 32 MOTION for Preliminary Injunction filed by Kevin J. Murphy. (Paulk, Jason) (Entered: 01/17/2012)

Jan. 17, 2012
57

BRIEF/MEMORANDUM in Support re 35 MOTION to Dismiss Amended Complaint filed by D. T. Marshall. (Gallion, Thomas) (Entered: 01/17/2012)

Jan. 17, 2012
58

RESPONSE to Motion re 40 MOTION to Dismiss Response to McCall's Motion to Dismiss filed by Michael A. McGuire. (Faulk, Elizabeth) (Additional attachment(s) added on 1/18/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
59

RESPONSE to Motion re 29 MOTION to Dismiss Amended Complaint (Doc. 16) Response to Attorney General Strange's Motion to Dismiss filed by Michael A. McGuire. (Faulk, Elizabeth) (Additional attachment(s) added on 1/18/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012
60

RESPONSE to Motion re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Murphy's Motion to Dismiss filed by Michael A. McGuire. (Faulk, Elizabeth) (Additional attachment(s) added on 1/18/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 01/17/2012)

Jan. 17, 2012

MOTION to Adopt 52 Defendant Strange's Brief in Opposition to Plaintiff's 32 Motion for a Preliminary Injunction. by Kevin J. Murphy. See 56 response for this docket entry. (No pdf for this entry) (jg, ) (Entered: 01/18/2012)

Jan. 17, 2012
62

MOTION to Strike 55 Supplemental Brief in Support of Motion for Preliminary Injunction by Luther Strange. (Payne, Joshua) Modified on 1/19/2012 to clarify docket text (jg, ). (Entered: 01/19/2012)

Jan. 19, 2012
63

RESPONSE to Motion re 62 MOTION to Strike Supplemental Brief in Support of Motion for Preliminary Injunction (Doc. 55) filed by Michael A. McGuire. (McGuire, Joseph) (Entered: 01/20/2012)

Jan. 20, 2012
64

ORDER granting Plaintiff's 50 Second Motion to Amend Compaint; further ORDERED that the caption of the Second Amended Complaint is sua sponte AMENDED to reflect the proper lead defendant in this case, the City of Montgomery; Plaintiff shall electronically file an exact duplicate of the proposed Second Amended Complaint that is attached to the motion, with the exception of changing the caption to reflect the proper lead defendant; The parties are DIRECTED to use the City of Montgomery as the lead defendant for all future submissions to the court, and the Clerk of the Court is DIRECTED to change the caption accordingly. Signed by Chief Judge William Keith Watkins on 1/20/12. (scn, ) (Entered: 01/20/2012)

Jan. 20, 2012
65

ORDER: In view of the January 20, 2012 Order 64 , granting Plaintiff's motion to file a Second Amended Complaint 64 , the January 26, 2012 hearing will strictly be an on the record status conference. There will be no substantive discussions or arguments regarding pending motions. Signed by Chief Judge William Keith Watkins on 1/23/2012. (jg, ) (Entered: 01/23/2012)

Jan. 23, 2012
66

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Michael A. McGuire.(Faulk, Elizabeth) (Entered: 01/23/2012)

Jan. 23, 2012
67

Summons Issued; Summons and amended complaint sent by CMRRR as to City of Montgomery, Alabama Department of Public Safety and Todd Strange. (jg, ) (Entered: 01/24/2012)

Jan. 24, 2012
68

REPLY to 52 Defendant Strange's Brief in Opposition re 32 MOTION for Preliminary Injunction filed by Michael A. McGuire. (McGuire, Joseph) Modified on 1/25/2012 to add link to brief in opposition (jg, ). (Entered: 01/24/2012)

Jan. 24, 2012
69

MOTION to Strike 68 Reply Brief in Support of Motion for Preliminary Injunction by Luther Strange. (Payne, Joshua) Modified on 1/26/2012 to make live link to reply brief (jg, ). (Entered: 01/25/2012)

Jan. 25, 2012
70

Minute Entry for STATUS CONFERENCE held before Chief Judge William Keith Watkins on 1/26/2012 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ajr, ) (Entered: 01/26/2012)

Jan. 26, 2012
71

AMENDED BRIEFING ORDER: that Plaintiff shall have fourteen days to consider whether he wants to amend his Second Amended Complaint and is GRANTED leave to amend his Second Amended Complaint on or before February 9, 2012; that Defendants file responsive pleadings or motions to the relevant complaint on or before March 1, 2012. Plaintiff may file any reply briefs on or before March 15, 2012 as further set out in order; The following pending motions are DENIED as moot: Docs. 29 , 32 , 35 , 40 , 42 , 56 , 62 and 69 . Signed by Chief Judge William Keith Watkins on 1/26/2012. (jg, ) Modified on 1/30/2012 to make links live (jg, ). (Entered: 01/26/2012)

Jan. 26, 2012
72

Return Receipt Card showing service of summons and amended complaint signed by "name is illegible" for Alabama Department of Public Safety served on 1/26/2012, answer due 2/16/2012. (jg, ) (Entered: 01/30/2012)

Jan. 30, 2012
73

Return Receipt Card showing service of summons and amended complaint signed by "name is illegible" for City of Montgomery served on 1/26/2012, answer due 2/16/2012; Todd Strange served on 1/26/2012, answer due 2/16/2012. (jg, ) (Entered: 01/30/2012)

Jan. 30, 2012

MOTION for Injunctive Relief and Declaratory Judgment by Michael A. McGuire. See 74 third amended complaint for this docket entry. (No pdf for this docket entry) (jg, ) (Entered: 02/10/2012)

Feb. 9, 2012
75

MOTION to Dismiss by Alabama Department of Public Safety. (Lowe, Joseph) (Entered: 02/15/2012)

Feb. 15, 2012
76

Evidentiary Submission filed by Luther Strange. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Payne, Joshua) (Entered: 02/27/2012)

Feb. 27, 2012
77

Evidentiary Submission filed by City of Montgomery, Kevin J. Murphy, Todd Strange. (Attachments: # 1 Affidavit Affidavit of Det. R.L. Duckett)(Paulk, Jason) (Additional attachment(s) added on 3/1/2012: # 2 Correct Certificate of Service) (jg, ). (Entered: 02/29/2012)

Feb. 29, 2012

***Attorney Jason Cole Paulk for City of Montgomery added pursuant to 77 evidentiary submission. (No pdf for this docket entry) (jg, ) (Entered: 03/01/2012)

Feb. 29, 2012
78

MOTION to Dismiss 74 the Third Amended Complaint by Luther Strange. (Smyczek, Peter) Modified on 3/1/2012 to clarify docket text (jg, ). (Entered: 03/01/2012)

March 1, 2012
79

BRIEF/MEMORANDUM in Support re 78 MOTION to Dismiss the Third Amended Complaint (Doc. 74) , 74 Complaint, filed by Luther Strange. (Smyczek, Peter) (Entered: 03/01/2012)

March 1, 2012
80

MOTION to Dismiss 74 Third Amended Complaint by Hugh B. McCall. (Lowe, Joseph) Modified on 3/1/2012 to add link to docket entry (jg, ). (Additional attachment(s) added on 3/5/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 03/01/2012)

March 1, 2012
81

BRIEF/MEMORANDUM in Support re 80 MOTION to Dismiss Third Amended Complaint filed by Hugh B. McCall. (Lowe, Joseph) (Additional attachment(s) added on 3/5/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 03/01/2012)

March 1, 2012
82

MOTION for Extension of Time to File Answer re 74 Complaint, by D. T. Marshall. (Gallion, Thomas) (Additional attachment(s) added on 3/1/2012: # 1 Correct Certificate of Service) (jg, ). (Entered: 03/01/2012)

March 1, 2012
83

MOTION TO DISMISS Plaintiff's 74 Third Amended Complaint FOR FAILURE TO STATE A CLAIM by City of Montgomery, Kevin J. Murphy, Todd Strange. (Paulk, Jason) [Modified on 3/2/2012 to create link to Doc. 74 .−dmn] (Entered: 03/01/2012)

March 1, 2012
84

BRIEF/MEMORANDUM in Support re 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Montgomery, Kevin J. Murphy, Todd Strange. (Paulk, Jason) (Entered: 03/01/2012)

March 1, 2012
85

ORDER granting 82 Motion for Extension of Time to Answer and that Defendant Marshall shall file an answer or otherwise respond to Plaintiff's Third Amended Complaint on or before 3/6/2012. Answer due from D. T. Marshall on 3/6/2012. Signed by Chief Judge William Keith Watkins on 3/2/2012. (dmn, ) (Entered: 03/02/2012)

March 2, 2012
86

MOTION to Dismiss 74 Third Amended Complaint by D. T. Marshall. (Gallion, Thomas) Modified on 3/6/2012 to add link to docket entry (jg, ). (Entered: 03/05/2012)

March 5, 2012
87

BRIEF/MEMORANDUM in Support re 86 MOTION to Dismiss Third Amended Complaint filed by D. T. Marshall. (Gallion, Thomas) (Entered: 03/05/2012)

March 5, 2012
88

STIPULATION of Dismissal Voluntary Stipulation of Dismissal of the Alabama Department of Public Safety by Michael A. McGuire . (Faulk, Elizabeth) (Main Document 88 replaced on 3/14/2012 to reflect the correct style and to correct the filing

March 13, 2012
89

NOTICE of Correction re 88 Voluntary Stipulation of Dismissal: Notice of Correction is being filed this date to advise that the referenced document was filed on 3/13/2012 and did not reflect the correct style of case. The corrected pdf is attached to this notice. (Attachments: # 1 Correct Voluntary Stipulation of Dismissal)(jg, ) (Entered: 03/14/2012)

March 14, 2012

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 2, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff was convicted of sexual assault in Colorado in 1986 and served a prison sentence there; when he returned to his hometown of Montgomery, AL, in 2010, he was required to register as a sex offender.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Montgomery (Montgomery, Montgomery), City

City of Montgomery Police Department (Montgomery, Montgomery), City

Montgomery County Sheriff's Department (Montgomery), County

Alabama Department of Public Safety, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Right to travel

Ex Post Facto

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Failure to supervise

Failure to train

False arrest

Over/Unlawful Detention

Sex offender regulation