Case: Hathcote v. Green

2:15-cv-00273 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 9, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 9, 2015, the federal court 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. On Feb 16, 2015, a same-sex couple who were denied a marriage license after the Searcy and Strawser orders took effect, filed a lawsuit in the U.S. District Court for the Northern District of Alabama under 42 U.S.C. § 1983 against a Blount County, Alabama Probate Judg…

On February 9, 2015, the federal court 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.

On Feb 16, 2015, a same-sex couple who were denied a marriage license after the Searcy and Strawser orders took effect, filed a lawsuit in the U.S. District Court for the Northern District of Alabama under 42 U.S.C. § 1983 against a Blount County, Alabama Probate Judge. The plaintiffs, represented by private counsel, asked the court for a declaration that the defendant's prohibition on issuing same-sex marriage licenses violated the Due Process and Equal Protection Clauses and an injunction ordering the defendant to issue the couple a marriage license.

On March 18, 2015, Judge Sharon Lovelace Blackburn recused herself from hearing this case. The case was reassigned to Judge William A. Acker, Jr. On March 26, 2015, Judge Acker dismissed the case without prejudice, construing the plaintiffs' motion to dismiss as a notice of dismissal. The couple's attorneys said the motion to dismiss was filed for personal reasons.

Summary Authors

David Hamstra (4/15/2014)

Related Cases

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

Hedgepeth v. Davis, Southern District of Alabama (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13224170/parties/hathcote-v-green/


Judge(s)

Acker, William Marsh Jr. (Alabama)

Attorneys(s) for Plaintiff

Maxwell, Leroy Jr. (Alabama)

Attorneys(s) for Defendant

Davis, James W. (Alabama)

Kidd, Jamie Helen (Alabama)

Webb, Kendrick E. (Alabama)

Judge(s)

Acker, William Marsh Jr. (Alabama)

Attorneys(s) for Plaintiff

Maxwell, Leroy Jr. (Alabama)

Attorneys(s) for Defendant

Davis, James W. (Alabama)

Kidd, Jamie Helen (Alabama)

Webb, Kendrick E. (Alabama)

Documents in the Clearinghouse

Document

2:15-cv-00273

Docket [PACER]

March 26, 2015

March 26, 2015

Docket
1

2:15-cv-00273

Bill of Complaint

Feb. 16, 2015

Feb. 16, 2015

Complaint
8

2:15-cv-00273

Order

March 26, 2015

March 26, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13224170/hathcote-v-green/

Last updated July 29, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Chris Green, filed by Kevin Hathcote, Joseph Hill.(CTS, ) (Entered: 02/17/2015)

Feb. 16, 2015

Feb. 16, 2015

Clearinghouse

NOTICE that filing fee may now be paid electronically. (CTS, )

Feb. 17, 2015

Feb. 17, 2015

PACER

Filing Fee: Filing fee $ 400, receipt_number 1126-2346696. related document 1 COMPLAINT against Chris Green, filed by Kevin Hathcote, Joseph Hill.(CTS, ). (Maxwell, Leroy) Modified on 2/24/2015 - USDC RECEIPT # B4601060172 (CTS, ).

Feb. 24, 2015

Feb. 24, 2015

PACER
2

Summons Issued as to Chris Green. DEL to Pla's counsel for service. (CTS, ) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
3

ORDER OF RECUSAL - The undersigned hereby RECUSES herself from further participation in the above-styled cause of action. Signed by Judge Sharon Lovelace Blackburn on 3/18/15. (CTS, ) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
4

Case REASSIGNED to Judge William M Acker, Jr.; Judge Sharon Lovelace Blackburn no longer assigned to the case. Please use case number 2:15-CV-273-WMA on all subsequent pleadings. (CTS, ) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
5

ORDER Plaintiff's motion for preliminary injunction Hearing is set for March 26, 2015 at 10:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 3/23/15. (SAC ) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
6

MOTION to Dismiss by Kevin Hathcote, Joseph Hill. (Maxwell, Leroy) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
7

RESPONSE to Motion re 6 MOTION to Dismiss filed by Chris Green. (Kidd, Jamie) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
8

ORDER Construing the motion to dismiss filed by plaintiffs on March 24, 2015, as a notice of dismissal pursuant to Rule 42(a)(1)(A)(i), this action is DISMISSED WITHOUT PREJUDICE at plaintiffs' costs as of the filing of plaintiffs' said motion. Signed by Judge William M Acker, Jr on 3/26/15. (SAC ) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 9, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A same-sex couple who were denied a marriage license

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Blount County, Alabama Probate Court (Blount), 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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sexual orientatation