Case: Lewis v. Bentley

2:16-cv-00690 | U.S. District Court for the Northern District of Alabama

Filed Date: April 28, 2016

Closed Date: Sept. 9, 2020

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Case Summary

This is a case about Birmingham, Alabama's attempt to pass a higher city minimum wage law. On April 28, 2016, the Alabama chapter of the NAACP, Greater Birmingham Ministries, and two African-American plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Alabama. The plaintiffs sued the Governor and Attorney General of the State of Alabama in their official capacities under the Fourteenth Amendment’s equal protection clause and 42 U.S.C. § 1983. The plaintiffs sought declaratory and injunctive relief that would prohibit the defendants from enforcing a state law that nullified a city minimum wage law. The plaintiffs claimed that the defendants had violated their rights under the Fourteenth Amendment.

Specifically, the complaint described the efforts of the Alabama legislature to undermine the City of Birmingham’s ordinance raising its minimum wage to $8.50 per hour (later adjusted to $10.10) as an effort to prevent the City from helping its African-American residents. At the time, Birmingham was the only city in Alabama that had raised its minimum wage above the federal minimum wage. At the beginning of the Alabama Legislature’s 2016 legislative session, the House of Representatives, with only white representatives voting in favor, approved a bill preventing cities from raising the minimum wage. The state Senate fast-tracked the bill through committees within 36 hours and passed it via a roll call vote on February 25, 2016, with only white state senators voting in favor. The Governor signed the bill 90 minutes after its passage.

On June 2, 2016 the case was reassigned from a Magistrate Judge to Judge R. David Proctor.

On June 30, 2016, the plaintiffs filed an amended complaint that added 10 plaintiffs and three defendants. The additional plaintiffs included the Alabama Legislative Black Caucus and its members, including several members of the Alabama House of Representatives and state Senate, as well as registered voters in the City of Birmingham. The additional defendants included the State of Alabama, the City of Birmingham, and the Mayor of Birmingham in his official capacity for the purpose of providing complete relief. The complaint additionally alleged violations of Section 2 of the Voting Rights Act; a de jure policy of maintaining white control over black majorities in violation of the Equal Protection Clause, the Privileges and Immunities Clause, the Fifteenth Amendment, and the Thirteenth Amendment; de jure segregation in violation of the Equal Protection Clause; and intentional racial discrimination in violation of Section 2 of the Voting Rights Act and the Thirteenth, Fourteenth, and Fifteenth Amendments.

Judge Proctor denied the defendants’ motion to dismiss without prejudice on July 1, 2016 and the case proceeded over the course of the summer of 2016. On February 1, 2017, Judge Proctor dismissed the case for, among several reasons, failure to sue the correct defendants, failure to state a claim under Section 2 of the Voting Rights Act, and failure to plausibly plead an equal protection claim. Judge Proctor determined that the plaintiffs lacked standing to sue the Attorney General and Mayor and City of Birmingham; that the complaint did not implicate the Voting Rights Act; and that the plaintiffs failed to adequately allege an equal protection violation because the amended complaint made conclusory allegations unsupported by specific factual allegations. Judge Proctor also determined the complaint did not implicate the Thirteenth and Fifteenth Amendments, and that the plaintiffs previously conceded their privileges and immunities claim.

On March 2, 2017, the plaintiffs appealed Judge Proctor’s dismissal (USCA No. 17-11009). On July 25, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal on all but one count. The court found that the plaintiffs had standing to sue the attorney general, and had sufficiently alleged discriminatory intent to state a plausible equal protection claim.

To analyze the validity of the plaintiff’s intentional discrimination claim, the court looked to the Minimum Wage Act’s impact. Given that the Act affected 10% more Black wage workers than white wage workers and the hourly pay disparity between Black and white workers, the court found it plausible that the act bore more heavily on Black workers. The court cited the fact that the act denied a significant increase in pay to around 40,000 Birmingham residents, most of whom are Black.

The plaintiffs had to show on the face of the complaint that the enactment of the Act had a discriminatory purpose. The court found that plaintiff’s allegations that the Act was introduced by a white representative and was objected to by all Black members of the state legislature and that the Act was accelerated without opportunity for public comment or debate were sufficient to withstand a motion to dismiss. Additionally, the court affirmed the importance of considering Alabama’s historic effort to disenfranchise Black citizens. When looking to the district court’s dismissal of the complaint, the court of appeals strongly criticized the lower court’s standard of allowing “only the clearest proof” to suffice. The court of appeals asserted that this extraordinary standard has no place in equal protection law given the implicit nature of modern discrimination.

The 11th Circuit granted an en banc rehearing of the case on January 30, 2019. 914 F.3d 1291. Oral argument was heard on June 25, 2019. On December 13, 2019, the en banc court of appeals issued its opinion reversing the panel's opinion as to the attorney general and affirming it on all other grounds. In an opinion by Circuit Judge Kevin C. Newsom, the court found that, because the attorney general had no authority to enforce the allegedly discriminatory law, the plaintiffs did not have Article III standing to enjoin him from enforcing it. While the attorney general did have the power "to institute and prosecute, in the name of the state, all civil actions and other proceedings necessary to protect the rights and interest of the state," this catch-all enforcement provision was too general to confer standing, and did not apply to the statute at issue. Because the plaintiffs lacked standing to sue the attorney general, the court could not consider the merits of their equal protection claim. Judge William H. Pryor, Jr. filed a concurring opinion. Judges Charles R. Wilson and Adalberto J. Jordan each filed dissenting opinions. 944 F.3d 1287.

On August 10, 2020, the court of appeals issued a memo opinion rendering judgment in the case. It affirmed the district court's dismissal of the attorney general for the reasons stated in the en banc opinion. Reasoning that the same standing analysis as to the attorney general applied to the state, the court of appeals then affirmed the district court's dismissal of the state as defendant because the plaintiffs lacked standing against it. Finally, the court affirmed the dismissal of the city as a defendant for the reasons it gave in the panel opinion. 816 F.Appx. 422.

The case is now closed.

Summary Authors

Dani Bernstein (1/27/2019)

Richa Bijlani (11/16/2019)

John Juenemann (3/18/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4489092/parties/lewis-v-bentley/

Judge(s)

Attorney for Plaintiff

Blacksher, James U. (Alabama)

Carlson, Mary Joyce (District of Columbia)

Clemon, U. W. (Alabama)

Connor, Glen M. (Alabama)

Attorney for Defendant

Byrne, David Bryson Jr. (Alabama)

Judge(s)

Proctor, R. David (Alabama)

Attorney for Plaintiff

Blacksher, James U. (Alabama)

Carlson, Mary Joyce (District of Columbia)

Clemon, U. W. (Alabama)

Connor, Glen M. (Alabama)

Davies, George N. (Alabama)

Davis, James William (Alabama)

Jr, Joe R (Alabama)

Rouco, Richard P (Alabama)

Still, W Edward (Alabama)

Strange, Luther J (Alabama)

Stroup, Robert H (New York)

Whatley, Joe R. Jr. (Alabama)

Attorney for Defendant

Byrne, David Bryson Jr. (Alabama)

Fullerton, Frederic L II (Alabama)

Jr, David B (Alabama)

Jr, William G (Alabama)

Lawrence, Kayla Shardae (Alabama)

Parker, William G. Jr. (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:16-cv-00690	Docket [PACER]	July 13, 2017	July 13, 2017 Docket
1 2:16-cv-00690	Complaint	April 28, 2016	April 28, 2016 Complaint
18 2:16-cv-00690	Amended Complaint	June 30, 2016	June 30, 2016 Complaint
52 2:16-cv-00690	Memorandum Opinion	Jan. 31, 2017	Jan. 31, 2017 Order/Opinion
139 17-11009	Opinion Lewis v. Governor of Alabama U.S. Court of Appeals for the Eleventh Circuit	July 25, 2018	July 25, 2018 Order/Opinion 896 F.3d 1282
17-11009	[Untitled] U.S. Court of Appeals for the Eleventh Circuit	Dec. 13, 2019	Dec. 13, 2019 Order/Opinion 944 F.3d 1287
17-11009	[Untitled] U.S. Court of Appeals for the Eleventh Circuit	Aug. 10, 2020	Aug. 10, 2020 Order/Opinion 816 Fed.Appx. 422

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Lewis v. Governor of Alabama	This Harvard Law Review article analyzes the background behind Lewis v. Bentley as well as the U.S. Court of Appeals decision. The article compares the Eleventh Circuit court's reasoning on the case …	Dec. 10, 2018	Dec. 10, 2018 https://harvardlawreview.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4489092/lewis-v-bentley/

Last updated July 13, 2026, 4:45 a.m.

ECF Number	Date	Description	Link
1	April 28, 2016	COMPLAINT against Robert J. Bentley, Luther J Strange, III, filed by Marnika Lewis, National Association for the Advancement of Colored People, Greater Birmingham Ministries, Antoin Adams.(MRR, ) (Entered: 04/28/2016)	RECAP
2	April 28, 2016	Request for service by certified mail filed by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (MRR, ) (Entered: 04/28/2016)	RECAP
3	April 28, 2016	NOTICE REGARDING CONSENT (MRR, ) (Entered: 04/28/2016)	RECAP
	April 28, 2016	Filing Fee - Pay.gov
	April 28, 2016	Filing Fee: Filing fee $ 400, receipt_number 1126-2612782 (B4601070790). (Rouco, Richard)
4	May 2, 2016	Summons Issued as to Robert J. Bentley, Luther J Strange, III, sent via certified mail (MRR, ) (Entered: 05/02/2016)	RECAP
5	May 5, 2016	MOTION for Admission Pro Hac Vice by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit 1 Statement, # 2 Exhibit 2 Certificate of Good Standing)(Rouco, Richard) (Entered: 05/05/2016) 1 Exhibit 1 Statement View on PACER 2 Exhibit 2 Certificate of Good Standing View on PACER	RECAP
6	May 5, 2016	MOTION for Admission Pro Hac Vice by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit 1 Statement, # 2 Exhibit 2 Certificate of Good Standing)(Rouco, Richard) (Entered: 05/05/2016) 1 Exhibit 1 Statement View on PACER 2 Exhibit 2 Certificate of Good Standing View on PACER	RECAP
7	May 5, 2016	SUMMONS Returned Executed Robert J. Bentley served on 5/5/2016 (no date entered on green card, court's file stamp date used), answer due 5/26/2016. (MRR, ) (Entered: 05/05/2016)	RECAP
	May 5, 2016	PHV Fee Paid
	May 5, 2016	PHV Fee paid: $ 50, receipt number 1126-2617246 (B4601071083). (Rouco, Richard) Modified on 6/3/2016 (MRR, ).
	May 5, 2016	PHV Fee paid: $ 50, receipt number 1126-2617249 (B4601071084). (Rouco, Richard) Modified on 6/3/2016 (MRR, ).
8	May 9, 2016	SUMMONS Returned Executed Luther J Strange, III served on 5/5/2016, answer due 5/26/2016. (MRR, ) (Entered: 05/09/2016)	RECAP
9	May 11, 2016	ORDER- The motions for Mary Joyce Carlson and Robert H. Stroup to appear pro hace vice for the pltfs (Docs 5, 6 ) are GRANTED. Signed by Magistrate Judge Staci G Cornelius on 5/11/16. (MRR, ) (Entered: 05/11/2016)	RECAP
10	May 26, 2016	MOTION to Dismiss & Supporting Brief by Robert J. Bentley, Luther J Strange, III. (Attachments: # 1 Exhibit A - Ala. Act No. 2016-18)(Parker, William) (Entered: 05/26/2016) 1 Exhibit A - Ala. Act No. 2016-18 View on PACER	RECAP
11	May 27, 2016	TEXT ORDER: The defendants have filed a motion to dismiss. (Doc. 10 ). The plaintiffs are ORDERED to respond within fourteen (14) days of the entry of this order. The response SHALL be limited to thirty (30) pages. The defendants' reply, if any, SHALL be filed within seven days of the plaintiffs' response and SHALL be limited to ten (10) pages. Signed by Magistrate Judge Staci G Cornelius on 5/27/16. (MRR, ) (Entered: 05/27/2016)	RECAP
12	May 27, 2016	ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. ยง 636(c) no later than July 12, 2016. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after July 12, 2016. A telephone status conference is hereby SET for 10:30 on June 27, 2016. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 5/27/16. (MRR, ) Modified on 6/1/2016 (MRR, ). (Entered: 05/27/2016)	RECAP
13	June 2, 2016	Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:16-cv-690-RDP on all subsequent pleadings. (MRR, ) (Entered: 06/02/2016)	RECAP
14	June 2, 2016	NOTICE- The status conference set for June 27, 2016 is CANCELLED. (MRR, ) (Entered: 06/02/2016)	RECAP
15	June 3, 2016	Unopposed MOTION for Enlargement of Time to Respond to 10 Motion to Dismiss and/or Amend Plaintiffs' Complaint by Marnika Lewis. (Rouco, Richard) (Entered: 06/03/2016)	RECAP
16	June 7, 2016	TEXT ORDER - This matter is before the court on Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Motion to Dismiss and/or Amend Plaintiffs' Complaint. 15 . The Motion 15 is GRANTED. Plaintiffs SHALL respond to Defendants' Motion to Dismiss or amend the Complaint on or before July 1, 2016. Defendants may reply and/or respond to an amended Complaint on or before July 22, 2016. Signed by Judge R David Proctor on 6/7/2016. (AVC) (Entered: 06/07/2016)	RECAP
17	June 23, 2016	INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 6/23/2016. (AVC) (Entered: 06/23/2016)	RECAP
18	June 30, 2016	AMENDED COMPLAINT against Luther J Strange, III, The State of Alabama, The City of Birmingham, William A. Bell, Sr, filed by Marnika Lewis, Greater Birmingham Ministries, National Association for the Advancement of Colored People, Antoin Adams, Marika Coleman, John Rogers, Priscilla Dunn, Juandalynn Givan, Louise Alexander, William Muhammad, Rodger Smitherman, The State of Alabama, Oliver Robinson, Alabama Legislative Black Caucus, Mary Moore.(Rouco, Richard) (Entered: 06/30/2016)	RECAP
19	June 30, 2016	Summons Issued as to William A. Bell, Sr, The City of Birmingham, The State of Alabama; mailed certified mail. (AVC) (Entered: 06/30/2016)	RECAP
20	July 1, 2016	TEXT ORDER -This matter is before the court on Plaintiffs' Amended Complaint. 18 In light of the Amended Complaint, Defendant's Motion to Dismiss 10 is DENIED WITHOUT PREJUDICE because it is directed at what is no longer the operative Complaint. Defendants may renew any applicable arguments in response to the Amended Complaint. Signed by Judge R David Proctor on 7/1/2016. (AVC) (Entered: 07/01/2016)	RECAP
21	July 5, 2016	SUMMONS Returned Executed William A. Bell, Sr; Birmingham, City of, The served on 7/1/2016, answer due 7/22/2016. (AVC) (Entered: 07/05/2016)	RECAP
22	July 6, 2016	NOTICE of Appearance by W Edward Still on behalf of Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Mary Moore, William Muhammad, Oliver Robinson, John Rogers, Rodger Smitherman (Still, W) (Entered: 07/06/2016)	RECAP
23	July 7, 2016	SUMMONS Returned Executed State of Alabama, The served (green card not dated). (AVC) (Entered: 07/07/2016)	RECAP
24	July 14, 2016	Opposed MOTION to Stay or Extend Rule 26(f) Deadlines by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 07/14/2016)	RECAP
25	July 15, 2016	TEXT ORDER - This matter is before the court on Defendants' (Opposed) Motion to Stay and Extend Rule 26(f) Deadlines. 24 . Plaintiffs SHALL respond to the Motion on or before July 22, 2016; Defendants may reply on or before July 27, 2016. Signed by Judge R David Proctor on 7/15/2016. (AVC) (Entered: 07/15/2016)	RECAP
26	July 18, 2016	Partially Opposed MOTION for Modification of Scheduling Order (Doc# 25) by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Still, W) (Entered: 07/18/2016)	RECAP
27	July 19, 2016	ANSWER to 18 Amended Complaint, by Birmingham, City of, The.(Fullerton, Frederic) (Entered: 07/19/2016)	RECAP
28	July 19, 2016	MOTION to Dismiss by William A. Bell, Sr. (Fullerton, Frederic) (Entered: 07/19/2016)	RECAP
29	July 19, 2016	TEXT ORDER - This matter is before the court on Plaintiffs' Partially Opposed Motion for Modification of Scheduling Order. 26 . The Motion 26 is GRANTED IN PART. Plaintiffs SHALL respond to the State Defendants' (Opposed) Motion to Stay and Extend Rule 26(f) Deadlines 24 on or before July 29, 2016; Defendants may reply on or before August 3, 2016. In relation to Mayor Bell's Motion to Dismiss 28 filed July 19, 2016, and the anticipated Motion(s) by the State Defendants, the parties are DIRECTED to confer and, to the extent that they desire a briefing schedule other than that set forth in Exhibit B, they should submit an agreed upon proposed briefing schedule on those motions. Signed by Judge R David Proctor on 7/19/2016. (AVC) (Entered: 07/19/2016)	RECAP
30	July 22, 2016	MOTION to Dismiss the Amended Complaint & Initial Submission in Response to Exhibit B of the Court's Order by State of Alabama, The, Luther J Strange, III. (Attachments: # 1 Exhibit A - News Articles2, # 2 Exhibit B - Ala Act 2016-18 - Alabama Uniform Minimum Wage & Right-to-Work Act, # 3 Exhibit C - City of Birmingham Minimum Wage Ordinance No. 16-28, # 4 Exhibit D - Ala. Democratic Conf. v. Strange)(Parker, William) (Entered: 07/22/2016) 1 Exhibit A - News Articles2 View on PACER 2 Exhibit B - Ala Act 2016-18 - Alabama Uniform Minimum Wage & Right-to-Work Act View on PACER 3 Exhibit C - City of Birmingham Minimum Wage Ordinance No. 16-28 View on PACER 4 Exhibit D - Ala. Democratic Conf. v. Strange View on PACER	RECAP
31	July 26, 2016	Joint MOTION to Modify Briefing Schedule by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 07/26/2016)	RECAP
32	July 27, 2016	TEXT ORDER - This matter is before the court on the parties' Joint Motion to Modify Briefing Schedule. 31 . The Motion 31 is GRANTED. With regard to the two Motions to Dismiss pending before the court, (1) Mayor Bells Motion to Dismiss 28 and (2) the State Defendants Motion to Dismiss 30, on or before Friday, August 19, 2016, Plaintiffs SHALL respond to both motions. On or before Friday, September 2, 2016, Defendants may reply. Signed by Judge R David Proctor on 7/26/2016. (AVC) (Entered: 07/27/2016)	RECAP
33	July 29, 2016	RESPONSE in Opposition to 24 Motion to Stay or Extend Rule 26(f) Deadlines filed by Marnika Lewis. (Rouco, Richard) (Entered: 07/29/2016)	RECAP
34	Aug. 2, 2016	REPLY Brief filed by Defendants State of Alabama, The, Luther J Strange, III re: 24 Opposed MOTION to Stay or Extend Rule 26(f) Deadlines filed by State of Alabama, The, Luther J Strange, III. (Davis, James) (Entered: 08/02/2016)	RECAP
35	Aug. 8, 2016	REPORT of Rule 26(f) Planning Meeting. (Parker, William) (Entered: 08/08/2016)	RECAP
36	Aug. 10, 2016	ORDER -The Opposed Motion to Stay and Extend Rule 26(f) Deadlines 24 is GRANTED. The parties' obligations under Rule 26(f) SHALL run from the date of a decision on Defendants' pending Motions to Dismiss. Signed by Judge R David Proctor on 8/9/2016. (AVC) (Entered: 08/10/2016)	RECAP
37	Aug. 18, 2016	TEXT ORDER - This matter is before the court on an informal request for a modification of the parties' briefing schedule on the pending Motions to Dismiss. The request is GRANTED. On or before August 24, 2016, Plaintiffs SHALL respond to both motions. On or before September 7, 2016, Defendants may reply. Signed by Judge R David Proctor on 8/18/2016. (KAM, ) (Entered: 08/18/2016)	RECAP
38	Aug. 23, 2016	TEXT ORDER -This matter is before the court on an informal request from Plaintiffs' counsel for an extension of the page limit on briefs in response to Defendants' Motions to Dismiss. The court understands that the request is unopposed. The request is GRANTED. By agreement of the parties, Plaintiffs' responsive brief may contain up to forty-five (45) pages. Signed by Judge R David Proctor on 8/23/2016.(AVC) (Entered: 08/23/2016)	RECAP
39	Aug. 24, 2016	TEXT ORDER- This matter is before the court on an informal request from Plaintiffs' counsel for an extension of the page limit on briefs in response to Defendants' Motions to Dismiss. The court understands that the request is unopposed. The request is GRANTED. By agreement of the parties, Plaintiffs' responsive brief may contain up to forty-five (45) pages. Signed by Judge R David Proctor on 8/24/2016. (AVC) (Entered: 08/24/2016)	RECAP
40	Aug. 24, 2016	Opposition 28, 30 Motions to Dismiss the Amended Complaint filed by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Attachments: # 1 Exhibit A Declaration of Lisa R. Handley)(Rouco, Richard) (Entered: 08/24/2016) 1 Exhibit A Declaration of Lisa R. Handley View on PACER	RECAP
41	Sept. 2, 2016	Unopposed Motion to Extend Filing Deadline and Page Limit by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 09/02/2016)	RECAP
42	Sept. 2, 2016	TEXT ORDER-This matter is before the court on Defendants' Unopposed Motion to Extend Filing Deadline and Page Limit.. 41 The Motion 41 is GRANTED. Defendants' reply SHALL be filed on or before September 21, 2016, and may contain up to twenty (20) pages. Signed by Judge R David Proctor on 9/2/2016. (AVC) (Entered: 09/02/2016)	RECAP
43	Sept. 21, 2016	REPLY Brief filed by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 09/21/2016)	RECAP
44	Sept. 26, 2016	MOTION for Leave to Respond to Defendants' Citation of Intervening Case Law filed by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Blacksher, James) (Entered: 09/26/2016)	RECAP
45	Sept. 28, 2016	TEXT ORDER -The two Motions to Dismiss pending before the court, (1) Mayor Bell's Motion to Dismiss 28 and (2) the State Defendants' Motion to Dismiss 30 are now fully briefed. The Motions are SET for oral argument at 2:00 p.m. on Wednesday, October 26, 2016. in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 9/28/2016. (AVC) (Entered: 09/28/2016)	RECAP
	Oct. 27, 2016	Motion Hearing
	Oct. 27, 2016	Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 10/26/2016 re 28 MOTION to Dismiss filed by William A. Bell, Sr. and 30 MOTION to Dismiss the Amended Complaint & Initial Submission in Response to Exhibit B of the Court's Order filed by Luther J Strange, III, State of Alabama, The. The motions will be taken under submission and a separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) Modified on 4/12/2017 (KLL, ).
46	Oct. 28, 2016	Unopposed MOTION to File Supplemental Briefs Regarding the Applicable Pleading Standard by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Rouco, Richard) (Entered: 10/28/2016)	RECAP
47	Oct. 28, 2016	TEXT ORDER- This matter is before the Court on Plaintiffs' Unopposed Motion to File Supplemental Briefs Regarding the Applicable Pleading Standard. 46 The Motion 46 is GRANTED. Plaintiffs' supplemental brief is due on or before November 9, 2016. The State Defendants may file supplemental briefing on or before November 16, 2016. Supplemental briefs SHALL be limited to five pages. Signed by Judge R David Proctor on 10/28/2016. (AVC) (Entered: 10/28/2016)	RECAP
48	Nov. 2, 2016	TEXT ORDER-This matter is before the court on an informal request for an extension of the deadlines for Supplemental Briefs Regarding the Applicable Pleading Standard. The court understand that the request is unopposed. The request is GRANTED. Plaintiffs' supplemental brief is due on or before November 14, 2016. The State Defendants may file supplemental briefing on or before November 21, 2016. Supplemental briefs SHALL be limited to five pages. Signed by Judge R David Proctor on 11/2/2016. (AVC) (Entered: 11/02/2016)	RECAP
49	Nov. 10, 2016	NOTICE of Change of Firm Affiliation by Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Mary Moore, William Muhammad, Oliver Robinson, John Rogers, Rodger Smitherman. (Clemon, U) (Entered: 11/10/2016)	RECAP
50	Nov. 14, 2016	SUPPLEMENTAL Brief on Application of IQBAl/Twombly. (Rouco, Richard) (Entered: 11/14/2016)	RECAP
51	Nov. 21, 2016	RESPONSE to 50 Plaintiffs' Supplemental Brief on Application of Iqbal/Twombly filed by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 11/21/2016)	RECAP
52	Feb. 1, 2017	MEMORANDUM OPINION. Signed by Judge R David Proctor on 1/31/2017. (AVC)	RECAP
53	Feb. 1, 2017	ORDER OF DISMISSAL-In accordance with the Memorandum Opinion 52, Dfts' Motions to Dismiss 28 and 30 are GRANTED. Pltfs' claims against all Dfts are DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 1/31/2017. (AVC) (Entered: 02/01/2017)	RECAP
54	March 2, 2017	NOTICE OF APPEAL as to 52 Memorandum Opinion, 53 Order Dismissing Case by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. Filing fee $ 505, receipt number 1126-2798137. (Attachments: # 1 Exhibit Docket Report, # 2 Exhibit Memorandum Opinion, # 3 Exhibit Order of Dismissal)(Rouco, Richard) (Entered: 03/02/2017) 1 Exhibit Docket Report View on PACER 2 Exhibit Memorandum Opinion View on PACER 3 Exhibit Order of Dismissal View on PACER	RECAP
57	March 2, 2017	USCA Appeal Fees received $505.00 Receipt# B4601078385 re 54 Notice of Appeal. (AVC) (Entered: 03/03/2017)	RECAP
55	March 3, 2017	NOTICE of transmittal letter to the 11th Circuit Court of Appeals (KAM, ) (Entered: 03/03/2017)	RECAP
56	March 3, 2017	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 54 Notice of Appeal,, (KAM, ) (Entered: 03/03/2017)	RECAP
58	March 9, 2017	USCA Case Number 17-11009-B and Notification for 54 Notice of Appeal,, filed by John Rogers, Louise Alexander, Marika Coleman, Rodger Smitherman, Alabama Legislative Black Caucus, Mary Moore, Oliver Robinson, National Association for the Advancement of Colored People, Marnika Lewis, Priscilla Dunn, Juandalynn Givan, William Muhammad, Antoin Adams, Greater Birmingham Ministries. (JLC) (Entered: 03/09/2017)	RECAP
59	March 13, 2017	TRANSCRIPT REQUEST by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People (Rouco, Richard) (Entered: 03/13/2017)	RECAP
60	March 17, 2017	TRANSCRIPT REQUEST - Court Reporter Acknowledgment filed by Leah S. Turner (KAM) (Entered: 03/22/2017)	RECAP
61	April 10, 2017	Transcript of Proceedings held on 10/26/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/9/2017. (AVC) (Entered: 04/10/2017)	RECAP
62	April 10, 2017	NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN DISTRICT COURT. (AVC) (Entered: 04/10/2017)	RECAP
	July 13, 2017	Electronic Availability of ROA
	July 13, 2017	Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: 54 Notice of Appeal, Appeal No. 17-11009-BB. The entire record on appeal is available electronically.(JLC)
63	Jan. 15, 2020	ORDER of USCA The order withholding the mandate in this appeal is VACATED. ENTERED FOR THE COURT - BY DIRECTION (KAM) (Entered: 01/15/2020)	RECAP
64	Sept. 9, 2020	ORDER of USCA before Wilson, Jordan, USCJ and Conway, USDJ sitting by designation, the district court's dismissal of the City of Birmingham from the suit is AFFIRMED; issued as mandate 9/8/2020 w/ per curiam opinion attached (Attachments: # 1 Opinion)(KAM) (Entered: 09/09/2020)	RECAP

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Case Details

State / Territory:

Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2016

Closing Date: Sept. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American voters in the City of Birmingham, the Alabama NAACP, the Greater Birmingham Ministries ("GBM"), and the Alabama Legislative Black Caucus ("ALBC").

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City