Case: Searcy v. Davis

1:15-cv-00104 | U.S. District Court for the Southern District of Alabama

Filed Date: Feb. 24, 2015

Closed Date: March 26, 2015

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Case Summary

This lawsuit stems from Searcy v. Strange, (PB-AL-0005 in this Clearinghouse), in which a federal district court held that Alabama's same-sex marriage ban violated the U.S. Constitution. That case involved a same-sex couple, legally married in California, whose adoption petition was denied in Alabama because they were not considered "spouses" under a state law, which allowed a non-biological parent to adopt the spouse's child.On February 9, 2015, the Searcy v. Strange order went into effect: th…

This lawsuit stems from Searcy v. Strange, (PB-AL-0005 in this Clearinghouse), in which a federal district court held that Alabama's same-sex marriage ban violated the U.S. Constitution. That case involved a same-sex couple, legally married in California, whose adoption petition was denied in Alabama because they were not considered "spouses" under a state law, which allowed a non-biological parent to adopt the spouse's child.

On February 9, 2015, the Searcy v. Strange order went into effect: the ban on same-sex marriage was now illegal in Alabama, at least according to the federal courts. The same-sex couple re-filed their adoption petition in Mobile County, Alabama.

Mobile County Probate Judge Don Davis issued an initial adoption decree but he added language saying "that this Decree is qualified in nature, and the Court will not issue a final adoption order until a final ruling is issued in the United States Supreme Court on the Marriage Act cases before it."

On February 24, 2015, the non-biological parent filed this lawsuit in the U.S. District Court for the Southern District of Alabama, under 42 U.S.C. § 1983, against Probate Judge Davis, claiming that he violated her rights under the Due Process and Equal Protection Clauses. The plaintiff, represented by private counsel, asked the court to order the probate judge to vacate his qualified adoption order and to issue a new order without the added language.

On March 26, 2015, Judge Callie V. S. Granade granted the plaintiff's motion to dismiss. After the complaint was filed, Probate Judge Davis had removed the qualified language from the adoption decree, giving the couple what they wanted.

Summary Authors

David Hamstra (4/8/2015)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4127680/parties/searcy-v-davis/


Judge(s)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Hernandez, Christine Cassie (Alabama)

Kennedy, David Graham (Alabama)

Attorneys(s) for Defendant

Boardman, Mark S. (Alabama)

Carr, Clay Richard (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Hale, Lee L. (Alabama)

Petelos, Teresa Bearden (Alabama)

Satterwhite, Harry V. (Alabama)

Judge(s)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Hernandez, Christine Cassie (Alabama)

Kennedy, David Graham (Alabama)

Attorneys(s) for Defendant

Boardman, Mark S. (Alabama)

Carr, Clay Richard (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Hale, Lee L. (Alabama)

Petelos, Teresa Bearden (Alabama)

Satterwhite, Harry V. (Alabama)

Documents in the Clearinghouse

Document

1:15-cv-00104

Docket [PACER]

March 26, 2015

March 26, 2015

Docket
1

1:15-cv-00104

Complaint and Request For Preliminary and Permanent Injunctive Relief

Feb. 24, 2015

Feb. 24, 2015

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127680/searcy-v-davis/

Last updated Aug. 8, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Don Davis, filed by Cari D. Searcy. (Fee Paid; Receipt No. 34263) (Attachments: # 1 Exhibit A-C) (Kennedy, David) (Additional attachment(s) added on 2/24/2015: # 2 Civil Cover Sheet) (tot). Modified on 2/24/2015 (tot). (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
2

NOTICE of Filing Proposed Summons by Cari D. Searcy (Kennedy, David) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
3

Summons Issued as to Don Davis. (NOTE TO COUNSEL: The Summons has been issued. Please print copies necessary for service.) (tot) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
4

Service Notice entered 2/24/2015. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 4/10/2015. (tot) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
5

SUMMONS Returned Executed by Cari D. Searcy. Don Davis served on 2/25/2015, answer due 3/18/2015 (Kennedy, David) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
6

Order, setting Preliminary Injunction hearing for Monday, March 2, 2015 at 1:00 p.m., to be held in Courtroom 2B, United States Courthouse, Mobile, Alabama. Signed by Judge Callie V. S. Granade on 2/25/2015. (mab) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
7

Notice of Filing Notice of service of appearance subpoena filed by Cari D. Searcy. (Kennedy, David) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
8

MOTION to Dismiss by Don Davis. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
9

Brief filed by Don Davis re 8 MOTION to Dismiss filed by Don Davis. (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
10

MOTION to Postpone Preliminary Injunction Hearing by Don Davis. (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
11

MOTION to Quash Subpoena by Don Davis. (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
12

RESPONSE in Opposition to Plaintiff's Request for Preliminary Injunctive Relief, filed by Don Davis. (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
13

MOTION to Stay Pretrial Deadlines and Memorandum in Support by Don Davis. (Satterwhite, Harry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
14

RESPONSE in Opposition re 10 MOTION to Postpone Preliminary Injunction Hearing filed by Cari D. Searcy. (Kennedy, David) (Entered: 03/01/2015)

March 1, 2015

March 1, 2015

PACER
15

Order, GRANTING 10 MOTION to Postpone Preliminary Injunction Hearing; and setting deadline for plaintiff to file responses to 8 MOTION to Dismiss and 11 MOTION to Quash Subpoena by 3/6/2015. Defendant's replies due by 3/11/2015. Signed by Judge Callie V. S. Granade on 3/2/2015. (mab) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

RECAP
16

RESPONSE in Opposition re 8 MOTION to Dismiss filed by Cari D. Searcy. (Attachments: # 1 Exhibit Exhibit A) (Kennedy, David) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
17

NOTICE of Appearance by Mark S. Boardman on behalf of Don Davis (Boardman, Mark) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
18

NOTICE of Appearance by Clay Richard Carr on behalf of Don Davis (Carr, Clay) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
19

NOTICE of Appearance by Teresa Bearden Petelos on behalf of Don Davis (Petelos, Teresa) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
20

RESPONSE in Opposition re 11 MOTION to Quash Subpoena filed by Cari D. Searcy. (Kennedy, David) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER

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. 24, 2015

Closing Date: March 26, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The non-biological parent in a same-sex marriage who wants to adopt her spouse's biological child

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mobile County Probate Judge Don Davis (Mobile), County

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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Adoption

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation