Case: Hedgepeth v. Davis

1:15-cv-00067 | U.S. District Court for the Southern District of Alabama

Filed Date: Feb. 9, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 9, 2015, the orders in Searcy v. Strange (PB-AL-0005 in this Clearinghouse) and Strawser v. Strange (PB-AL-0010 in this Clearinghouse), took effect: the ban on same-sex marriage was now illegal in Alabama, according to the federal courts. However, the Chief Justice of the Alabama Supreme Court, Roy Moore, strongly disagreed. He had sent an order to probate judges and state employees, threatening them with legal action by the governor, if they issued or recognized same-sex marriage l…

On February 9, 2015, the orders in Searcy v. Strange (PB-AL-0005 in this Clearinghouse) and Strawser v. Strange (PB-AL-0010 in this Clearinghouse), took effect: the ban on same-sex marriage was now illegal in Alabama, according to the federal courts. However, the Chief Justice of the Alabama Supreme Court, Roy Moore, strongly disagreed. He had sent an order to probate judges and state employees, threatening them with legal action by the governor, if they issued or recognized same-sex marriage licenses. The chief justice claimed that the federal court orders bound only the Alabama Attorney General and his employees and no one else.

Alabama's probate judges faced competing orders: the federal court's would allow same-sex marriage, but the chief justice's would not. The result was legal chaos. Some probate judges followed the federal court order and issued same-sex marriage licenses but most probate judges refused and many ceased issuing marriage licenses entirely, including the Mobile County Probate Court.

On February 9, 2015, the attorneys in Searcy v. Davis filed this lawsuit, in the U.S. District Court for the Southern District of Alabama, under 42 U.S.C. § 1983, on behalf of same-sex couples who were denied marriage licenses that day in Mobile County. The defendants were the Alabama Governor, Attorney General, Chief Justice, and various Mobile County officials. Plaintiffs claimed that their Fourteenth Amendment rights were being violated and they requested an emergency injunction commanding the defendants to issue marriage licenses.

On February 10, 2015, the District Court (Judge Callie V. S. Granade) denied the plaintiffs' request for immediate relief but invited them to participate in a preliminary injunction hearing, in Strawser, in two days time. On February 24, 2015, Judge Granade dismissed the Mobile County officials from the case, granting the stipulation for dismissal filed by plaintiffs and the county officials.

In response to the Strawser litigation, the plaintiffs eventually received their marriage licenses. As a result, on March 26, 2015, Judge Granade granted their motion to dismiss: the claims against the governor were dismissed with prejudice; but the claims against the attorney general and the chief justice would be dismissed without prejudice unless they filed an objection before April 2, which the chief justice did.

On April 2, 2015, Chief Justice Moore requested that the claims against him be dismissed with prejudice. On June 16, Moore withdrew his request to dismiss with prejudice, stating that the plaintiffs’ motion to dismiss was sufficient. As a result of this concession, Judge Granada dismissed the plaintiffs' complaints against Chief Justice Moore without prejudice on June 22, 2015.

The case is now closed.

Summary Authors

David Hamstra (4/8/2015)

Virginia Weeks (2/19/2018)

Related Cases

Searcy v. Bentley, Southern District of Alabama (2014)

Strawser v. Strange, Southern District of Alabama (2014)

Hathcote v. Green, Northern District of Alabama (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4127677/parties/hedgepeth-v-robert-bentley/


Judge(s)

Cassady, William E. (Alabama)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Hernandez, Christine Cassie (Alabama)

Kennedy, David Graham (Alabama)

Attorneys(s) for Defendant

Agricola, Algert Swanson Jr. (Alabama)

Byrne, David Bryson Jr. (Alabama)

Davis, James W. (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Howell, Laura Elizabeth (Alabama)

McElvy, James Douglas (Alabama)

Judge(s)

Cassady, William E. (Alabama)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Hernandez, Christine Cassie (Alabama)

Kennedy, David Graham (Alabama)

Attorneys(s) for Defendant

Agricola, Algert Swanson Jr. (Alabama)

Byrne, David Bryson Jr. (Alabama)

Davis, James W. (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Howell, Laura Elizabeth (Alabama)

McElvy, James Douglas (Alabama)

Olson, William J. (Virginia)

Satterwhite, Harry V. (Alabama)

Titus, Herbert W. (Virginia)

Wible, Elizabeth C. (Alabama)

Documents in the Clearinghouse

Document

1:15-cv-00067

Docket [PACER]

Hedgepeth v. Bentley

June 22, 2015

June 22, 2015

Docket
1

1:15-cv-00067

Complaint And Request For Immediate Injunctive Relief

Feb. 9, 2015

Feb. 9, 2015

Complaint
7

1:15-cv-00067

Order

Feb. 10, 2015

Feb. 10, 2015

Order/Opinion
35

1:15-cv-00067

Order

Hedgepeth v. Bentley

March 26, 2015

March 26, 2015

Order/Opinion
38

1:15-cv-00067

Order

Hedgepeth v. Moore

June 22, 2015

June 22, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127677/hedgepeth-v-robert-bentley/

Last updated Aug. 8, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Request For Immediate Injunctive Relief against All Defendants ( Filing fee $400 receipt number 1128-1696364, Online Credit Card Payment), filed by Deanna Ladnier, Tim Jan, Paula K. Hedgepeth, Wendy Smith, Deborah L. Presley, Kristy Simmons, Marshay Safford, France Stewart, III, Saran Sills, Breona Yett, Priscilla Coates, Jazmyn Hayes, Alice Fisher, Russell M. Wilson, Dandrick Cox. (Hernandez, Christine) (Additional attachment(s) added on 2/9/2015: # 1 Civil Cover Sheet) (mab). (Entered: 02/09/2015)

1 Civil Cover Sheet

View on PACER

Feb. 9, 2015

Feb. 9, 2015

RECAP
2

NOTICE of Filing Proposed Summons by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett (Hernandez, Christine) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
3

Summonses Issued as to Robert Bentley, Don Davis, C. Mark Erwin, Joe McEarchern, Jr, Roy Moore, Probate Court of Mobile County, Luther Strange, III. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
4

Service Notice issued 2/9/2015. Plaintiffs' Notice of Service Attempts due by 3/26/2015. (mab) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
5

NOTICE of Appearance by James W. Davis on behalf of Luther Strange, III (Davis, James) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
6

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Luther Strange, III (Howell, Laura) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
7

Order re: request for immediate relief contained in Plfs' 1 Complaint. To the extent Plfs seek a TRO, the motion is DENIED as set out. Court will not consider a preliminary injunction until all of the dts have been notified. Court will allow counsel for Plfs to participate in preliminary injunction hrg set in Case No. 14-0424-CG-C on 2/12/15 at 1:00 p.m., as set out. Signed by Judge Callie V. S. Granade on 2/10/2015. (tot) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

RECAP
8

AFFIDAVIT of Service for Summons & Complaint served on Don Davis on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
9

AFFIDAVIT of Service for Summons & Complaint served on Mark Erwin on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
10

AFFIDAVIT of Service for Summons & Complaint served on Joe McEarchern, Jr. on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
11

NOTICE of Appearance by Algert S. Agricola, Jr on behalf of Robert Bentley (Agricola, Algert) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
12

AFFIDAVIT of Service for Summons & Complaint served on Roy Moore on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
13

AFFIDAVIT of Service for Summons & Complaint served on Robert Bentley on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
14

NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
15

NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
16

MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Kennedy, David) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

RECAP
17

MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof by Robert Bentley. (Agricola, Algert) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

RECAP
18

Order re: 17 MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof filed by Robert Bentley. Plaintiffs' response due by Defendant on 3/11/2015. Any reply due by 3/18/2015. Motion to be taken under submission on 3/19/2015. Signed by Magistrate Judge William E. Cassady on 2/18/2015. (mab) (Entered: 02/19/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
19

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/6/2015. Signed by Magistrate Judge William E. Cassady on 2/24/2015. (Attachment: # 1 consent form) (mab) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
20

ORDER, GRANTING 16 Motion for Dismissal, and DISMISSING with prejudice plaintiffs' claims against Defendants Mobile County Probate Judge Don Davis, Joe McEarchern, Jr., and C. Mark Erwin in their individual and official capacities. Signed by Judge Callie V. S. Granade on 2/24/2015. (mab) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

RECAP
21

MOTION to Dismiss Claims Against the Attorney General by Luther Strange, III. (Davis, James) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

RECAP
22

NOTICE of Appearance by James Douglas McElvy on behalf of Roy Moore (McElvy, James) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

RECAP
23

NOTICE of Appearance by Elizabeth C. Wible on behalf of Roy Moore (Wible, Elizabeth) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
24

Unopposed MOTION for Extension of Time for Responding to Complaint by Roy Moore. (McElvy, James) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
25

ENDORSED ORDER, GRANTING 24 MOTION by Chief Justice Roy S. Moore to Extend the Time for Responding to the Complaint. Response to complaint due from Chief Justice Roy Moore on 3/17/2015. Signed by Judge Callie V. S. Granade on 2/26/2015. (mab) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
26

Order, re: 17 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Bentley, and 21 MOTION to Dismiss Claims Against the Attorney General filed by Luther Strange, III. Plaintiffs' responses to motions due 3/19/2015. Any replies due from Defendants by 3/26/2015. Motions to be taken under submission on 3/27/2015. Style of case is now changed in that it only includes the names of the current defendants. Parties directed to use the appropriate style: Paula Kay Hedgepeth, et al., v. Robert Bentley, et al. Signed by Magistrate Judge William E. Cassady on 3/2/2015. (mab) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

RECAP
27

MOTION to Dismiss Complaint by Roy Moore. (McElvy, James) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

RECAP
28

Brief filed by Roy Moore re 27 MOTION to Dismiss Complaint . (McElvy, James) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

RECAP
29

MOTION for Herbert W. Titus to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1714117, Online Credit Card Payment.) by Roy Moore. (Titus, Herbert) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
30

MOTION for William J. Olson to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1714123, Online Credit Card Payment.) by Roy Moore. (Olson, William) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
32

Order re: 27 MOTION to Dismiss Complaint filed by Roy Moore. Plaintiffs' response due by 4/9/2015. Defendant's reply due by 4/16/2015. Motion to be taken under submission on 4/17/2015. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)

March 19, 2015

March 19, 2015

PACER
31

ORDER, GRANTING motions for admission pro hac vice of Attorneys 29 Herbert William Titus and 30 William Jeffrey Olson. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
33

MOTION to Designate 17 Motion to Dismiss of Governor Robert Bentley as Unopposed and to Grant Motion, by Robert Bentley. (Agricola, Algert) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
34

MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Hernandez, Christine) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
35

Order, GRANTING Plaintiffs' 34 Motion to dismiss with respect to Defendant Governor Robert Bentley, GRANTING Defendant's request for dismissal with prejudice, and DISMISSING with prejudice Plaintiffs' claims against Defendant Robert Bentley. Unless Defendants Attorney General Luther Strange, III and Chief Justice Roy Moore file objections to the Plaintiffs' 34 Motion to dismiss, on or before 4/2/2015, Plaintiffs' claims against said defendants will be dismissed without prejudice, and all pending motions will be deemed to be moot without further order from the court. Signed by Judge Callie V. S. Granade on 3/26/2015. (mab) (Entered: 03/27/2015)

March 26, 2015

March 26, 2015

PACER
36

RESPONSE to 34 MOTION to Dismiss by Plaintiffs & Request to Dismiss With Prejudice filed by Roy Moore. (McElvy, James) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
37

NOTICE of Withdrawal of 36 Request to Dismiss with Prejudice, filed by Roy Moore. (McElvy, James) Modified on 6/16/2015 (mab). (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
38

ORDER, Plaintiffs' motion to dismiss (Doc. 34 ) is GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy Moore are hereby DISMISSED without prejudice. Signed by Judge Callie V. S. Granade on 6/22/2015. (mab) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couples denied marriage licenses in Mobile County, Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation