Case: Pennington v. Taylor

2:19-cv-00695 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 19, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 19, 2019, attorneys from the Juvenile Law Center and Southern Poverty Law Center––representing plaintiffs who, as children, were tried and convicted as adults––filed this lawsuit against Alabama's Attorney General, the Secretary of Alabama Law Enforcement Agency, and others in the U.S. District Court for the Middle District of Alabama. Plaintiffs alleged that the state's Sex Offender Registration and Community Notification Act (SORNA) was an unconstitutional violation of the Eighth…

On September 19, 2019, attorneys from the Juvenile Law Center and Southern Poverty Law Center––representing plaintiffs who, as children, were tried and convicted as adults––filed this lawsuit against Alabama's Attorney General, the Secretary of Alabama Law Enforcement Agency, and others in the U.S. District Court for the Middle District of Alabama. Plaintiffs alleged that the state's Sex Offender Registration and Community Notification Act (SORNA) was an unconstitutional violation of the Eighth Amendment's ban on cruel and unusual punishment because children who were convicted as adults should not be subjected to lifetime sex offender registry requirements. They further alleged that, since all the plaintiffs in this case were convicted prior to the enactment of the 2011 Alabama SORNA, automatically subjecting them to current registry requirements violated the Ex Post Facto Clause of the U.S. Constitution. The plaintiffs further alleged violations of the Due Process and Equal Protection Clauses as well as of the Alabama constitution. The plaintiffs sought declaratory relief and injunctive relief enjoining defendants from continued enforcement of SORNA. The case was assigned to Judge Myron H. Thompson.

Defendants filed a motion to dismiss on October 18, 2019, and the plaintiffs requested extended time to file an opposition brief. 

On November 22, 2022, the defendants filed a notice of recent, relevant authority. The plaintiffs filed a response on December 13, 2022. On December 28, 2022, the court granted the plaintiffs' unopposed motion to dismiss plaintiff Oliver Nicholes from the case without prejudice.

Several attorneys withdrew from representing the plaintiffs between August 2020 and December 2022. Attorneys also withdrew from representing the defendants in October 2020 and June 2021. A number of new attorneys filed appearances on behalf of the plaintiffs between July 2021 and February 2023, and several attorneys filed motions to appear pro hac vice on behalf of the plaintiffs. One new attorney filed an appearance on behalf of the defendants in October 2020.

Additional attorneys withdrew from representing the plaintiffs in February and December 2024. 

On March 31, 2025, defendant's motion to dismiss was granted. Judge Thompson found that defendants were entitled to Eleventh Amendment immunity against plaintiffs’ state claim. Because this case involved a continuing injury, but not a continuing violation, Judge Thompson dismissed plaintiff's Eighth Amendment claims for being untimely. Because the designated of adult sex offenders under SORNA occurred in July 2011, plaintiffs needed to bring this claim by July 2013, and, as it was filed in September 2019, it was untimely. The court further found that SORNA does not burden a fundamental right, and because neither sex-offender status, nor age, is a suspect class, SORNA is subject to rational-basis review, rather than heightened scrutiny. The court finds respect for the legislative choice must be upheld because plaintiffs failed to establish that SORNA’s differential treatment of children convicted as juveniles from children convicted as adults was entirely irrational.

Summary Authors

Robin Peterson (10/23/2022)

Claire Pollard (10/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16304846/parties/pennington-v-taylor/


Documents in the Clearinghouse

Documents in this case

2:19-cv-00695

Complaint for Declaratory and Injunctive Relief

Sept. 19, 2019

Sept. 19, 2019

Complaint
12

2:19-cv-00695

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 15, 2019

Oct. 15, 2019

Complaint
13

2:19-cv-00695

Dismiss for Failure to State a Claim

Oct. 18, 2019

Oct. 18, 2019

Pleading / Motion / Brief
53

2:19-cv-00695

Order

Dec. 28, 2022

Dec. 28, 2022

Order/Opinion
61

2:19-cv-00695

Opinion

March 31, 2025

March 31, 2025

Order/Opinion

776 F.Supp.3d 1118

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16304846/pennington-v-taylor/

Last updated June 20, 2026, 5:34 a.m.

ECF Number Date Description Link
1 Sept. 19, 2019

COMPLAINT for declaratory and injunctive relief against John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward ( Filing fee $ 400.00 receipt number 4602054975.), filed by Randy Pennington, Oliver Nicholes, Herbert Stevens. (Attachments: # 1 civil cover sheet, # 2 fee receipt)(djy, ) (Entered: 09/24/2019)

RECAP
2 Sept. 24, 2019

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Randy Pennington, Herbert Stevens, & Oliver Nicholes; Corporate Disclosures due by 10/4/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 09/24/2019)

RECAP
3 Sept. 25, 2019

Summons Issued as to John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward and returned to counsel with copies of complaint for personal service by process server on defendants. (djy, ) (Entered: 09/25/2019)

RECAP
4 Sept. 30, 2019

SUMMONS Returned Executed by Randy Pennington, Oliver Nicholes, Herbert Stevens. All Defendants. (Barry-Blocker, Jonathan) (Entered: 09/30/2019)

RECAP
5 Sept. 30, 2019

Corporate/Conflict Disclosure Statement by Oliver Nicholes, Randy Pennington, Herbert Stevens re 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Barry-Blocker, Jonathan) (Entered: 09/30/2019)

RECAP
6 Oct. 7, 2019

Motion for Marsha L. Levick to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055166.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Entered: 10/08/2019)

RECAP
7 Oct. 7, 2019

Motion for Lisa Graybill to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055167.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A-certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Attachment 1 replaced on 10/8/2019) (djy, ). (Entered: 10/08/2019)

RECAP
8 Oct. 8, 2019

NOTICE of Correction re 7 Motion for Lisa Graybill to Appear Pro Hac Vice to correct the erroneous Exhibit A previously attached to the docket entry (Attachments: # 1 Corrected Exhibit A certificate of good standing to docket entry 7 )(djy, ) (Entered: 10/08/2019)

RECAP
9 Oct. 8, 2019

ORDER granting 6 Motion for Marsha L. Levick Leave to Appear Pro Hac Vice as counsel for the plfs. Signed by Honorable Judge Myron H. Thompson on 10/8/19. (djy, ) (Entered: 10/08/2019)

RECAP
10 Oct. 8, 2019

ORDER granting 7 Motion for Lisa Graybill Leave to Appear Pro Hac Vice as counsel for plaintiffs. Signed by Honorable Judge Myron H. Thompson on 10/8/19. (djy, ) (Entered: 10/08/2019)

RECAP
11 Oct. 15, 2019

NOTICE of Appearance by Lynnette Kim Miner on behalf of All Plaintiffs (Miner, Lynnette) (Entered: 10/15/2019)

RECAP
12 Oct. 15, 2019

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Randy Pennington, Oliver Nicholes, Herbert Stevens.(Barry-Blocker, Jonathan) (Entered: 10/15/2019)

Clearinghouse
13 Oct. 18, 2019

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Attachments: # 1 Exhibit Pennington Court Records, # 2 Exhibit Pennington Sex Offender Registration, # 3 Exhibit Stevens Court Records, # 4 Exhibit Stevens Alabama SJIS Case Detail, # 5 Exhibit Nicholes Court Records, # 6 Exhibit Nicholes Sex Offender Registration)(Chynoweth, Brad) (Entered: 10/18/2019)

Clearinghouse
14 Oct. 18, 2019

BRIEF/MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 10/18/2019)

RECAP
15 Oct. 18, 2019

Corporate/Conflict Disclosure Statement by Charles Ward. (Chynoweth, Brad) (Entered: 10/18/2019)

RECAP
16 Oct. 18, 2019

Corporate/Conflict Disclosure Statement by Hal Taylor. (Chynoweth, Brad) (Entered: 10/18/2019)

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17 Oct. 18, 2019

Corporate/Conflict Disclosure Statement by John Q. Hamm. (Chynoweth, Brad) (Entered: 10/18/2019)

RECAP
18 Oct. 18, 2019

Corporate/Conflict Disclosure Statement by Steve Marshall. (Chynoweth, Brad) (Entered: 10/18/2019)

RECAP
19 Oct. 24, 2019

ORDER directing that the 13 MOTION TO DISMISS is set for submission, without oral argument, on 11/21/2019, with any opposition brief due by 11/14/2019, and any reply to the opposition due by 11/21/2019. Signed by Honorable Judge Myron H. Thompson on 10/24/19. (djy, ) (Entered: 10/24/2019)

RECAP
20 Nov. 1, 2019

MOTION for Extension of Time to File Response/Reply as to 19 Order,, Set Deadlines, Unopposed Motion for Extension of Time to Oppose the Defendants' Motion to Dismiss the First Amended Complaint by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Text of Proposed Order Proposed Order)(Barry-Blocker, Jonathan) (Entered: 11/01/2019)

RECAP
21 Nov. 1, 2019

ORDER GRANTING 20 MOTION for Extension of Time; the 13 Motion to dismiss is reset for Submission, without oral argument, on 1/13/2020, with any opposition brief by 12/16/2019, and any reply to the opposition due by 1/13/2020. Signed by Honorable Judge Myron H. Thompson on 11/1/19. (djy, ) (Entered: 11/01/2019)

RECAP
22 Nov. 12, 2019

NOTICE of Appearance by Brenton Merrill Smith on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Smith, Brenton) (Entered: 11/12/2019)

RECAP
23 Nov. 15, 2019

Motion for Riya Saha Shah to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055693.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A, # 2 fee receipt)(djy, ) (Entered: 11/15/2019)

RECAP
24 Nov. 18, 2019

TEXT ORDER granting 23 Motion for Riya Saha Shah Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 11/18/19. (NO PDF document attached to this order). (djy, ) (Entered: 11/18/2019)

RECAP
Nov. 18, 2019

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 19, 2019

Case reassigned to Honorable Judge Jerusha T. Adams. Honorable Judge Stephen Michael Doyle no longer assigned to the case as presiding judge. (No PDF document attached to this notice). (djy, )

Dec. 4, 2019

Mail Returned as Undeliverable. Copy of 24 order sent to Riya Saha Shah returned in mail with the following notation, "returned to sender-vacant, unable to forward" (NO PDF document attached to this notice). (djy, )

25 Dec. 16, 2019

BRIEF in Opposition to defs' 13 Motion to Dismiss the First Amended Complaint filed by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Howard, Ebony) Modified on 12/17/2019 to clarify text to remove erroneous link to 14 brief and create link to 13 motion to dismiss (qc/djy, ). (Entered: 12/16/2019)

RECAP
26 Jan. 13, 2020

REPLY BRIEF in support of defs' 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) Modified on 1/14/2020 to clarify text to reflect as in support of 13 motion (qc/djy, ). (Entered: 01/13/2020)

RECAP
27 Aug. 6, 2020

MOTION to Withdraw as Attorney by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Graybill, Lisa) (Entered: 08/06/2020)

RECAP
28 Aug. 20, 2020

TEXT ORDER granting 27 Motion for Lisa Graybill to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 8/20/2020. (NO PDF document attached to this notice). (djy, ) (Entered: 08/20/2020)

RECAP
Aug. 20, 2020

*** Attorney Lisa Shawn Graybill terminated pursuant to 28 text order (NO PDF document attached to this notice). (djy, )

Aug. 20, 2020

Order on Motion to Withdraw as Attorney

29 Oct. 19, 2020

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Messick, Misty) (Entered: 10/19/2020)

RECAP
30 Oct. 21, 2020

NOTICE of Appearance by Kayla Michelle Wunderlich on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Wunderlich, Kayla) (Entered: 10/21/2020)

RECAP
31 Oct. 21, 2020

MOTION to Withdraw as Attorney by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 10/21/2020)

RECAP
32 Oct. 21, 2020

TEXT ORDER granting 31 Motion for Brad Chynoweth to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 10/21/2020. (NO PDF Document attached to this notice). (djy, ) (Entered: 10/21/2020)

RECAP
33 Oct. 21, 2020

NOTICE by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (State Defendants' Notice of Recent, Relevant Authority) (Attachments: # 1 Exhibit A (McGroarty v Swearingen))(Messick, Misty) (Entered: 10/21/2020)

RECAP
Oct. 21, 2020

*** Attorney Brad A. Chynoweth terminated pursuant to 32 text order (NO PDF document attached to this notice). (djy, )

Oct. 21, 2020

Order on Motion to Withdraw as Attorney

34 Feb. 1, 2021

MOTION to Withdraw as Attorney Motion to Withdraw as Counsel by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Miner, Lynnette) (Entered: 02/01/2021)

RECAP
35 Feb. 2, 2021

TEXT ORDER granting 34 Motion for Lynnette Miner to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/2/2021. (NO PDF document attached to this notice).(djy, ) (Entered: 02/02/2021)

RECAP
Feb. 2, 2021

*** Attorney Lynnette Kim Miner terminated pursuant to 35 text order (NO PDF document attached to this notice). (djy, )

Feb. 2, 2021

Order on Motion to Withdraw as Attorney

36 June 14, 2021

MOTION to Withdraw as Attorney by Hal Taylor, Charles Ward, John Q. Hamm, Steve Marshall. (Wunderlich, Kayla) Modified on 6/15/2021 to add filers (am, ). (Entered: 06/14/2021)

RECAP
37 June 15, 2021

TEXT ORDER: GRANTING the 36 Motion to Withdraw Kayla M. Wunderlich as Attorney. Signed by Honorable Judge Myron H. Thompson on 6/15/2021. (NO PDF attached to this entry) (am, ) (Entered: 06/15/2021)

RECAP
June 15, 2021

*** PURSUANT TO THE 37 ORDER - Attorney Kayla Michelle Wunderlich terminated. (NO PDF attached to this etnry) (am, )

June 15, 2021

Order on Motion to Withdraw as Attorney

38 July 29, 2021

NOTICE of Appearance by Ashley Nicole Austin on behalf of All Plaintiffs (Austin, Ashley) (Entered: 07/29/2021)

RECAP
39 July 30, 2021

MOTION to Withdraw as Attorney for Plaintiffs by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Barry-Blocker, Jonathan) (Entered: 07/30/2021)

RECAP
40 July 30, 2021

TEXT ORDER granting 39 Motion for Jonathan Barry-Blocker to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 7/30/2021. (NO PDF document attached to this notice). (djy, ) (Entered: 07/30/2021)

RECAP
July 30, 2021

*** Attorney Jonathan Michael Barry-Blocker terminated pursuant to 40 text order (NO PDF document attached to this notice). (djy, )

July 30, 2021

Order on Motion to Withdraw as Attorney

41 Dec. 10, 2021

Motion to Appear Pro Hac Vice for Attorney Susanne Cordner ( Filing fee $ 75.00 receipt number AALMDC-3135415.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A - Certificate of Good Standing for Susanne Cordner, Esq.)(Austin, Ashley) Modified on 12/13/2021 to reflect requesting atty (bes, ). (Entered: 12/10/2021)

RECAP
Dec. 10, 2021

***PURSUANT TO THE 41 MOTION - Attorney Susanne Emily Cordner for Oliver Nicholes, Randy Pennington, Herbert Stevens added. (No PDF attached to this entry) (bes, )

42 Dec. 13, 2021

TEXT ORDER granting 41 Motion to Appear Pro Hac Vice for Attorney Susanne Cordner. Signed by Honorable Judge Myron H. Thompson on 12/13/2021. (No PDF attached to this entry) (bes, ) (Entered: 12/13/2021)

RECAP
Dec. 13, 2021

Order on Motion for Leave to Appear Pro Hac Vice

43 Aug. 11, 2022

MOTION to Withdraw as Attorney by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Cordner, Susanne) (Main Document 43 replaced on 8/11/2022 to correct main pdf previously attached by e-filer) (am, ). (Entered: 08/11/2022)

RECAP
44 Aug. 11, 2022

TEXT ORDER: GRANTING the 43 Motion to Withdraw Susanne Cordner as Counsel. Signed by Honorable Judge Myron H. Thompson on 8/11/2022. (NO PDF attached to this entry) (am, ) (Entered: 08/11/2022)

RECAP
45 Aug. 11, 2022

NOTICE of Correction re 43 MOTION to Withdraw as Counsel to correct main pdf previously attached by e-filer. (Attachments: # 1 Corrected Main Document 43 )(am, ) (Entered: 08/11/2022)

RECAP
Aug. 11, 2022

*** PURSUANT TO THE COURT'S 44 ORDER - Attorney Susanne Emily Cordner terminated. (NO PDF attached to this entry) (am, )

Aug. 11, 2022

Order on Motion to Withdraw as Attorney

46 Nov. 22, 2022

NOTICE of Recent, Relevant Authority by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Smith, Brenton) Modified on 11/22/2022 to clarify text (am, ). (Entered: 11/22/2022)

RECAP
47 Dec. 8, 2022

MOTION to Withdraw as Attorney Ebony G. Howard by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Light, Ashley) (Entered: 12/08/2022)

RECAP
48 Dec. 8, 2022

TEXT ORDER: GRANTING the 47 Motion to Withdraw Ebony G. Howard, as counsel. Signed by Honorable Judge Myron H. Thompson on 12/8/2022. (NO PDF attached to this entry) (am, ) (Entered: 12/08/2022)

RECAP
Dec. 8, 2022

*** Pursuant to the 48 Order - Attorney Ebony Glenn Howard terminated. (NO PDF attached to this entry) (am, )

Dec. 8, 2022

Order on Motion to Withdraw as Attorney

49 Dec. 13, 2022

RESPONSE to 46 Notice of Recent, Relevant Authority filed by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Levick, Marsha) Modified on 12/14/2022 to clarify text (am, ). (Entered: 12/13/2022)

RECAP
50 Dec. 13, 2022

UNOPPOSED MOTION to Dismiss Oliver Nicholes as Plaintiff by Oliver Nicholes. (Attachments: # 1 Text of Proposed Order)(Levick, Marsha) Modified on 12/14/2022 to clarify text (am, ). (Entered: 12/13/2022)

RECAP
Dec. 13, 2022

***Pursuant to the 49 Response - Attorney Vic F. Wiener for Oliver Nicholes, Randy Pennington, Herbert Stevens added. (NO PDF attached to this entry) (am, )

51 Dec. 19, 2022

MOTION for Vic F. Wiener to Appear Pro Hac Vice (Filing fee $ 75, Receipt # 1040) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Text of Proposed Order, # 3 Receipt)(amf, ) (Attachment 3 replaced on 12/20/2022 to attach an amended receipt) (amf, ). Modified on 12/20/2022 (amf, ). (Entered: 12/19/2022)

RECAP
52 Dec. 23, 2022

TEXT ORDER granting 51 Motion for Admission Pro Hac Vice of Vic F. Wiener. Signed by Honorable Judge Myron H. Thompson on 12/23/2022. (No pdf attached to this entry) (wcl, ) (Entered: 12/23/2022)

RECAP
Dec. 23, 2022

Order on Motion for Leave to Appear Pro Hac Vice

53 Dec. 28, 2022

ORDER: it is ORDERED that the 50 motion is granted, plaintiff Nicholes's claims are dismissed without prejudice, and he is terminated as a party to this action; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 12/28/2022. (amf, ) (Entered: 12/28/2022)

Clearinghouse
54 Feb. 9, 2023

Motion for Rebecca R. Ramaswamy to Appear Pro Hac Vice (Filing fee $ 75, receipt number 1445) by Randy Pennington, Herbert Stevens. (Attachments: # 1 Esxhibit A, Certificate of Good Standing, # 2 Proposed Order, # 3 Receipt)(dmn, ) (Entered: 02/09/2023)

1 Esxhibit A, Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

3 Receipt

View on PACER

RECAP
55 Feb. 10, 2023

TEXT ORDER: GRANTING the 54 Motion for Rebecca R. Ramaswamy to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 2/10/2023. (NO PDF attached to this entry) (am, ) (Entered: 02/10/2023)

RECAP
Feb. 10, 2023

Order on Motion for Leave to Appear Pro Hac Vice

56 Feb. 6, 2024

MOTION to Withdraw as Attorney Ms. Ashley N. Light by Randy Pennington, Herbert Stevens. (Light, Ashley) (Entered: 02/06/2024)

RECAP
57 Feb. 6, 2024

TEXT ORDER granting 56 Motion for Ashley N. Light to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/6/2024. (no PDF attached to this entry) (BES) (Entered: 02/06/2024)

RECAP
Feb. 6, 2024

Add and Terminate Attorneys

Feb. 6, 2024

Order on Motion to Withdraw as Attorney

Feb. 6, 2024

***PURSUANT TO THE 57 TEXT ORDER - Attorney Ashley Nicole Light terminated. (no PDF attached to this entry) (BES)

58 Dec. 3, 2024

MOTION to Withdraw as Attorney by Randy Pennington, Herbert Stevens. (Wiener, Vic) Modified text on 12/3/2024 (LAB). (Entered: 12/03/2024)

RECAP
59 Dec. 3, 2024

TEXT ORDER granting 58 Motion to Withdraw as Attorney. Attorney Vic Farm Wiener terminated. Entered by Honorable Judge Myron H. Thompson on 12/03/2024. (LAB) (Entered: 12/03/2024)

RECAP
Dec. 3, 2024

Order on Motion to Withdraw as Attorney

60 Dec. 13, 2024

Case Reassigned to Magistrate Judge Chad W. Bryan as Referral Judge. Magistrate Judge Jerusha T. Adams no longer assigned to the case. (LAB) (Entered: 12/13/2024)

RECAP
Dec. 13, 2024

Case Assigned/Reassigned

61 March 31, 2025

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/2025. (CWL)

Clearinghouse
62 March 31, 2025

JUDGMENT: In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendants' motion to dismiss (Doc. 13 ) is granted. (2) All of plaintiffs' claims, to the extent the court rejected them (in whole or in part) based on sovereign immunity or lack of standing, are dismissed without prejudice to that extent; the remainder of the litigation is dismissed with prejudice. (3) The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules for Civil Procedure. (4) Costs are taxed against plaintiffs, for which execution may issue. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2025. (CWL)

RECAP

Case Details

State / Territory:

Alabama

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who were juvenile criminal defendants tried and convicted as adults and forced to register as a sex offender pursuant to Alabama state law

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Juvenile Law Center

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Alabama

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Equal Protection

Ex Post Facto

Other Dockets:

Middle District of Alabama 2:19-cv-00695

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Juveniles

Sex offender regulation

Recommended Citation