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Case: Pennington v. Taylor

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

Filed Date: Sept. 19, 2019

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. As of October 2022, the case has been stale for approximately three years.

Summary Authors

Robin Peterson (10/23/2022)

Documents in the Clearinghouse

Document

2:19-cv-00695

Complaint for Declaratory and Injunctive Relief

Sept. 19, 2019

Sept. 19, 2019

Complaint

2:19-cv-00695

Complaint for Declaratory and Injunctive Relief

Sept. 19, 2019

Sept. 19, 2019

Complaint
13

2:19-cv-00695

Dismiss for Failure to State a Claim

Oct. 18, 2019

Oct. 18, 2019

Pleading / Motion / Brief

Docket

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

Last updated Oct. 5, 2022, 12:34 p.m.

ECF Number Description Date Link Date / Link
1

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)

Sept. 19, 2019

Sept. 19, 2019

PACER
2

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)

Sept. 24, 2019

Sept. 24, 2019

PACER
3

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)

Sept. 25, 2019

Sept. 25, 2019

PACER
4

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

Sept. 30, 2019

Sept. 30, 2019

PACER
5

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)

Sept. 30, 2019

Sept. 30, 2019

PACER
6

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)

Oct. 7, 2019

Oct. 7, 2019

PACER
7

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)

Oct. 7, 2019

Oct. 7, 2019

PACER
8

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)

Oct. 8, 2019

Oct. 8, 2019

PACER
9

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)

Oct. 8, 2019

Oct. 8, 2019

PACER
10

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)

Oct. 8, 2019

Oct. 8, 2019

PACER
11

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

Oct. 15, 2019

Oct. 15, 2019

PACER
12

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)

Oct. 15, 2019

Oct. 15, 2019

PACER
13

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)

Oct. 18, 2019

Oct. 18, 2019

Clearinghouse
14

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)

Oct. 18, 2019

Oct. 18, 2019

PACER
15

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

Oct. 18, 2019

Oct. 18, 2019

PACER
16

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

Oct. 18, 2019

Oct. 18, 2019

PACER
17

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

Oct. 18, 2019

Oct. 18, 2019

PACER
18

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

Oct. 18, 2019

Oct. 18, 2019

PACER
19

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)

Oct. 24, 2019

Oct. 24, 2019

PACER
20

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
21

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
22

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)

Nov. 12, 2019

Nov. 12, 2019

PACER
23

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)

Nov. 15, 2019

Nov. 15, 2019

PACER
24

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)

Nov. 18, 2019

Nov. 18, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 18, 2019

Nov. 18, 2019

PACER

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, )

Nov. 19, 2019

Nov. 19, 2019

PACER

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, )

Dec. 4, 2019

Dec. 4, 2019

PACER
25

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)

Dec. 16, 2019

Dec. 16, 2019

PACER
26

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)

Jan. 13, 2020

Jan. 13, 2020

PACER
27

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

Aug. 6, 2020

Aug. 6, 2020

PACER
28

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)

Aug. 20, 2020

Aug. 20, 2020

PACER

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

Aug. 20, 2020

Aug. 20, 2020

PACER

Order on Motion to Withdraw as Attorney

Aug. 20, 2020

Aug. 20, 2020

PACER
29

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)

Oct. 19, 2020

Oct. 19, 2020

PACER
30

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)

Oct. 21, 2020

Oct. 21, 2020

PACER
31

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

Oct. 21, 2020

Oct. 21, 2020

PACER
32

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)

Oct. 21, 2020

Oct. 21, 2020

PACER
33

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)

Oct. 21, 2020

Oct. 21, 2020

PACER

Order on Motion to Withdraw as Attorney

Oct. 21, 2020

Oct. 21, 2020

PACER

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

Oct. 21, 2020

Oct. 21, 2020

PACER
34

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

Feb. 1, 2021

Feb. 1, 2021

PACER
35

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)

Feb. 2, 2021

Feb. 2, 2021

PACER

Order on Motion to Withdraw as Attorney

Feb. 2, 2021

Feb. 2, 2021

PACER

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

Feb. 2, 2021

Feb. 2, 2021

PACER
36

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)

June 14, 2021

June 14, 2021

PACER
37

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)

June 15, 2021

June 15, 2021

PACER

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

June 15, 2021

June 15, 2021

PACER

Order on Motion to Withdraw as Attorney

June 15, 2021

June 15, 2021

PACER
38

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

July 29, 2021

July 29, 2021

PACER
39

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

July 30, 2021

July 30, 2021

PACER
40

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)

July 30, 2021

July 30, 2021

PACER

Order on Motion to Withdraw as Attorney

July 30, 2021

July 30, 2021

PACER

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

July 30, 2021

July 30, 2021

PACER
41

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)

Dec. 10, 2021

Dec. 10, 2021

PACER

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

Dec. 10, 2021

Dec. 10, 2021

PACER
42

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)

Dec. 13, 2021

Dec. 13, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 13, 2021

Dec. 13, 2021

PACER
43

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)

Aug. 11, 2022

Aug. 11, 2022

PACER
44

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)

Aug. 11, 2022

Aug. 11, 2022

PACER
45

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)

Aug. 11, 2022

Aug. 11, 2022

PACER

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

Aug. 11, 2022

Aug. 11, 2022

PACER

Order on Motion to Withdraw as Attorney

Aug. 11, 2022

Aug. 11, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 19, 2019

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Attorneys on behalf of 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:

Southern Poverty Law Center

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Ex Post Facto

Due Process: Procedural Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Juveniles

Sex offender regulation