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

Clearinghouse coding complete

Case Summary

This lawsuit stems from Searcy v. Strange, 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 …

This lawsuit stems from Searcy v. Strange, 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 attorneys, see: https://www.courtlistener.com/docket/4127680/parties/searcy-v-davis/


Judge(s)

Granade, Callie V. (Alabama)

Attorney for Plaintiff
Attorney for Defendant

Boardman, Mark S. (Alabama)

Carr, Clay Richard (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Hale, Lee L. (Alabama)

Documents in the Clearinghouse

Documents in this case

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

Docket

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

Last updated Oct. 7, 2026, 5:31 p.m.

Docket for: Searcy v. Davis
ECF Number Date Description Link
1 Feb. 24, 2015

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)

Clearinghouse
2 Feb. 24, 2015

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

RECAP
3 Feb. 24, 2015

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)

RECAP
4 Feb. 24, 2015

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)

RECAP
5 Feb. 25, 2015

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)

RECAP
6 Feb. 25, 2015

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)

RECAP
7 Feb. 26, 2015

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

RECAP
8 Feb. 27, 2015

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

RECAP
9 Feb. 27, 2015

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

RECAP
10 Feb. 27, 2015

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

RECAP
11 Feb. 27, 2015

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

RECAP
12 Feb. 27, 2015

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

RECAP
13 Feb. 27, 2015

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

RECAP
14 March 1, 2015

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

RECAP
15 March 2, 2015

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)

RECAP
16 March 6, 2015

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

RECAP
17 March 6, 2015

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

RECAP
18 March 6, 2015

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

RECAP
19 March 6, 2015

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

RECAP
20 March 6, 2015

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

RECAP
March 6, 2015

REFERRAL OF 20 Response in Opposition to Motion to Quash Subpoena to Judge Granade. (tot)

22 March 11, 2015

Supplemental MOTION to Stay re 13 MOTION to Stay Pretrial Deadlines and Memorandum in Support by Don Davis. (Attachments: # 1 Exhibit A: Alabama Supreme Court Order) (Boardman, Mark) (Entered: 03/11/2015)

RECAP
23 March 11, 2015

REPLY to Response to Motion 8 to Dismiss filed by Don Davis. (Carr, Clay) (Additional attachment(s) added on 3/12/2015: # 1 Unsealed Exhibits Pursuant to Endorsed Order (Doc. 26)) (tot). (STRICKEN ON 3/12/15 - SEE DOC. 29) Modified on 3/12/2015 (tot). (Entered: 03/11/2015)

RECAP
24 March 11, 2015

REPLY to Response to Motion 11 to Quash Subpoena filed by Don Davis. (Boardman, Mark) (Entered: 03/11/2015)

RECAP
25 March 11, 2015

REPLY to 16 Response in Opposition to Motion Defendant's Amended Reply to Plaintiff's Opposition to Motion to Dismiss filed by Don Davis. (Carr, Clay) (Additional attachment(s) added on 3/12/2015: # 1 Unsealed Exhibits Pursuant to Endorsed Order (Doc. 26)) (tot). (Entered: 03/11/2015)

RECAP
26 March 11, 2015

ENDORSED ORDER denying 21 Motion to Seal Exhibits. The substance of the exhibits has been described by the defendant in his Reply filed this date, and because the name of the child is redacted in the filed exhibits, there is no need to keep them under seal in this lawsuit. The clerk is directed to unseal the documents attached as exhibit 1 to the motion, and reference them as exhibits to Docs. 23 and 25 filed herein. Signed by Judge Callie V. S. Granade on 3/11/2015. (Granade, Callie) (Entered: 03/11/2015)

RECAP
27 March 11, 2015

Amended MOTION to Dismiss re: 8 MOTION to Dismiss Amended Motion to Dismiss by Don Davis. (Boardman, Mark) Modified on 3/12/2015 (tot). (Entered: 03/11/2015)

RECAP
28 March 12, 2015

MOTION to Strike 23 Reply to Response to Motion by Don Davis. (Carr, Clay) (Entered: 03/12/2015)

RECAP
29 March 12, 2015

ENDORSED ORDER granting 28 Motion to Strike 23 Reply to Opposition to Motion to Dismiss. Signed by Judge Callie V. S. Granade on 3/12/2015. (tot) (Entered: 03/12/2015)

RECAP
30 March 12, 2015

Order, Status Conference set for 3/16/2015 at 01:00 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Signed by Judge Callie V. S. Granade on 3/12/2015. (tot) (Entered: 03/12/2015)

RECAP
March 12, 2015

REFERRAL OF 22 Supplement to 13 MOTION to Stay, 24 Reply to Response to Motion to Quash Subpoena, 25 Reply to Opposition to Motion to Dismiss, 27 Amended MOTION to Dismiss to Judge Granade. (tot)

31 March 13, 2015

MOTION to File Surreply to Defendant's Motion to Dismiss filed by Cari D. Searcy. (Kennedy, David) Modified on 3/13/2015 (tot). (Entered: 03/13/2015)

RECAP
March 13, 2015

REFERRAL OF 31 MOTION to File Surreply to Defendant's Motion to Dismiss to Judge Granade. (tot)

32 March 16, 2015

ENDORSED ORDER granting 31 Motion for Leave to File Surreply. Signed by Judge Callie V. S. Granade on 3/16/2015. (Granade, Callie) (Entered: 03/16/2015)

RECAP
33 March 16, 2015

Order re: status conference held on 3/16/15, Plf is granted leave to file a brief on any issues she believes remain pending in this action NLT 3/31/2015. Dft may file a responsive brief NLT 4/7/2015. Signed by Judge Callie V. S. Granade on 3/16/2015. (tot) (Entered: 03/16/2015)

RECAP
March 16, 2015

Minute Entry for proceedings held before Judge Callie V. S. Granade: Status Conference held on 3/16/2015. Court Reporter Roy Isbell. (mab)

34 March 24, 2015

MOTION to Dismiss by Cari D. Searcy. (Hernandez, Christine) (Entered: 03/24/2015)

RECAP
March 24, 2015

REFERRAL OF 34 MOTION to Dismiss to Judge Granade. (tot)

35 March 25, 2015

RESPONSE to Motion re: 34 MOTION to Dismiss filed by Don Davis. (Carr, Clay) (Entered: 03/25/2015)

RECAP
36 March 26, 2015

ORDER granting 34 Motion to Dismiss by Cari D. Searcy; granting 27 Amended Motion to Dismiss by Don Davis. Plaintiff's claims against Defendant Mobile County Probate Judge Don Davis are hereby DISMISSED with prejudice. All previously filed motions, still pending before the court, are hereby deemed to be MOOT. Signed by Judge Callie V. S. Granade on 3/26/2015. copies to parties. (sdb) (Entered: 03/26/2015)

RECAP

Case Details

State / Territory:

Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

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

County

Mobile County Probate Judge Don Davis

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Alabama 1:15-cv-00104

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Adoption

Marriage

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+

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