Case: Bandy v. Jury Commission of Lee County

66-cv-00720 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 14, 1966

Clearinghouse coding complete

Case Summary

This case predates PACER. Information for this summary came from the complaint and orders uploaded below, which were found in the papers of David Norman.On November 14, 1966, a black criminal defendant filed this action on his own behalf in the Middle District of Alabama under 28 U.S.C. §§ 1331 and 2201, as well as 42 U.S.C. § 1981. He was represented by civil rights attorneys Solomon Seay, Jr. and Fred Gray. Citing census data, this discrimination claim alleged that the defendant members of th…

This case predates PACER. Information for this summary came from the complaint and orders uploaded below, which were found in the papers of David Norman.

On November 14, 1966, a black criminal defendant filed this action on his own behalf in the Middle District of Alabama under 28 U.S.C. §§ 1331 and 2201, as well as 42 U.S.C. § 1981. He was represented by civil rights attorneys Solomon Seay, Jr. and Fred Gray. Citing census data, this discrimination claim alleged that the defendant members of the Lee County jury commission and district attorney systemically excluded members of his race from the jury roll and jury box. He sought a declaratory judgment that this practice violated the Fourteenth Amendment by denying him due process rights to a jury roll that was a representative cross section of his community; requested preliminary and permanent injunctive relief to enjoin the defendants from proceeding with his trial and from employing the policy of excluding black community members from the jury roll; and filed a temporary request for a restraining order on the same day as the complaint. Based on the order filed the next day, the case appears to have been assigned to Chief Judge Frank M. Johnson.

On November 15, the court denied the request for a temporary restraining order. It found that the plaintiff had not expressed a necessity "at that time." Presenting him to the grand jury would not deprive him of any rights that he had not already lost. The court found that any claim on the merits in this civil action would already be resolved before the outcome of the criminal action.

The court set hearings on the issue of injunctive and declaratory relief for December 20, 1966. We do not know whether the hearings occurred on that date or the history of the case beyond this summary. However, there is no reason to believe anything other than the case is closed.

Summary Authors

Chelsea Rinnig (7/22/2018)

People


Judge(s)

Johnson, Frank Minis Jr. (Alabama)

Attorneys(s) for Plaintiff

Gray, Fred David Sr. (Alabama)

Seay, Solomon S. Jr. (Alabama)

Judge(s)

Johnson, Frank Minis Jr. (Alabama)

Attorneys(s) for Plaintiff

Gray, Fred David Sr. (Alabama)

Seay, Solomon S. Jr. (Alabama)

Documents in the Clearinghouse

Document

Order

Sept. 15, 1966 Order/Opinion

Complaint

Nov. 14, 1966 Complaint

Motion for Temporary Restraining Order

Nov. 14, 1968 Pleading / Motion / Brief

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: Nov. 14, 1966

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A black criminal defendant

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Lee County (Lee), County

Lee County (Lee), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1981

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Courts

Disparate Treatment

Pattern or Practice

Discrimination-basis:

Race discrimination

Race:

Black