Case: Corbitt v. Taylor

2:18-cv-00091 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 6, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 6, 2018, three transgender individuals brought an action against the Alabama Law Enforcement Agency, the Alabama Department of Public Safety, the Alabama Driver License Division, and administrative officials in their official and individual capacities in the United States District Court for the Middle District of Alabama. The plaintiffs, represented by the ACLU of Alabama and the ACLU LGBT & HIV Project, sued under 42 U.S.C § 1983, alleging violations of their First and Fourteenth A…

On February 6, 2018, three transgender individuals brought an action against the Alabama Law Enforcement Agency, the Alabama Department of Public Safety, the Alabama Driver License Division, and administrative officials in their official and individual capacities in the United States District Court for the Middle District of Alabama. The plaintiffs, represented by the ACLU of Alabama and the ACLU LGBT & HIV Project, sued under 42 U.S.C § 1983, alleging violations of their First and Fourteenth Amendment rights. The complaint sought declaratory and injunctive relief. Specifically, the plaintiffs sought a judgment declaring the defendants’ practice of refusing to update the gender marker on driver licenses of transgender individuals unconstitutional, a permanent injunction preventing the defendants from enforcing the driver license policy, and an order for defendants to change the gender marker for otherwise-eligible transgender people who sought the change.

The complaint alleged that the defendants’ Policy 63 provided for changing the gender on a driver license only due to “gender reassignment surgery” and after submission of an amended birth certificate or letter from the physician who performed the surgery. “Gender reassignment surgery” was not defined, nor did defendants provide guidance on how to apply the policy. The complaint further alleged that Policy 63 was unsupported by any Alabama state statute or federal policy and medical recommendations.

According to the complaint, all three plaintiffs had been unable to get Alabama driver licenses listing their correct gender. Because of this, they experienced anxiety in their daily lives and heightened gender dysphoria, and were unable to do things such as travel, order a drink at a restaurant, or go to a bar because showing their driver licenses revealed that they were transgender, which increased risks of violence and discrimination against the plaintiffs. For example, one of the plaintiffs alleged that, after showing her driver license listing the incorrect gender to a bank teller, she was told by the teller that she was “going to hell” and was refused service.

The complaint further alleged that when one plaintiff refused to verify that the information on her driver license was accurate because the gender was incorrect, the clerk started referring to her as a “he” and an “it,” loudly and in front of other DMV patrons. Another plaintiff’s detailed medical information relating to her medically necessary gender-confirming surgery was given to one of the defendants, and the plaintiff’s request to change her gender on her license was still refused, with no reason given.

The case was assigned to Judge Myron H. Thompson and later referred to Magistrate Judge Stephen M. Doyle.

On February 8, 2019, the parties filed cross motions for summary judgment. On July 30, 2019, the court heard oral arguments on the motions then denied both parties’ motions for summary judgment without issuing a written opinion. Having denied the cross motions for summary judgment, on September 3, 2020, the court ordered supplemental briefing that responded to the question of whether to decide the case on the paper record or to hold a trial as to some or all of the issues.

In their supplemental brief, the plaintiffs argued that the U.S. Supreme Court’s decision in Bostock v. Clayton County further supported their Equal Protection claim; specifically, Policy 63 defined sex based on sex at birth, which punished transgender Alabamans and discriminated against them in favor of cisgender Alabamans, contrary to the holding in Bostock. The plaintiffs also argued that a hearing on the state’s justification for Policy 63 was unnecessary because such justifications were invented post hoc and could not withstand heightened scrutiny, and because Policy 63 was inconsistent with the process for amending sex designation on an Alabama birth certificate, demonstrating a lack of important government interest. In the defendants’ supplemental brief, they argued that Bostock was inapplicable to the case at hand because Policy 63 was a group classification that did not treat transgender people worse than cisgender people, while the holding in Bostock applied to the worse treatment of an individual (termination of employment) because of the individual’s transgender identity. If the plaintiffs had provided documentation of “gender reassignment surgery,” they would have been able to change the gender on their driver licenses.

On September 28, 2020, the plaintiffs filed a motion for an expedited decision. After a conference call on the motion, the court granted it on October 23, 2020.

On January 15, 2021, the court ruled in favor of the plaintiffs. The court held that Policy 63 was unconstitutional because it made it possible for someone to change the sex on their driver license only by surgically modifying their genitalia. By making the information on a driver license depend on a person’s genitalia, the policy classified by sex and was therefore subject to intermediate scrutiny. The court found that the defendants did not provide an adequate justification, and the policy was not adequately tailored to advancing the government’s interests; thus, Policy 63 failed intermediate scrutiny. The court then enjoined enforcement of Policy 63.

The defendants appealed on February 17, 2021 to the United States Court of Appeals for the Eleventh Circuit. In their appellate brief, the defendant-appellants argued that the district court erred by (i) holding that sex-based classification was enough to merit intermediate scrutiny, (ii) declining to determine whether the policy had treated the plaintiffs unequally, (iii) misconstruing the state’s justifications for its policy, and (iv) holding that objectively defining sex on a driver license violates the Constitution. 2021 WL 2189713.

As of April 4, 2023, the appeal was pending in the Eleventh Circuit.

Summary Authors

Kady Matsuzaki (4/10/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60094422/parties/corbitt-v-taylormht/


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Documents in the Clearinghouse

Document
1

2:18-cv-00091

Complaint for Declaratory and Injunctive Relief

Feb. 6, 2018

Feb. 6, 2018

Complaint

2:18-cv-00091

First Amended Complaint for Declaratory and Injunctive Relief

July 16, 2018

July 16, 2018

Complaint
51

2:18-cv-00091

Memorandum in Support of Plaintiffs' Motion for Summary Judgment

Feb. 8, 2019

Feb. 8, 2019

Pleading / Motion / Brief
54

2:18-cv-00091

Defendants' Brief in Support of their Motion for Summary Judgment

Feb. 8, 2019

Feb. 8, 2019

Pleading / Motion / Brief
101

2:18-cv-00091

Opinion

Jan. 15, 2021

Jan. 15, 2021

Order/Opinion

513 F.Supp.3d 513

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60094422/corbitt-v-taylormht/

Last updated March 10, 2024, 4:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward ( Filing fee $ 400.00 receipt number 4602048251.), filed by Darcy Corbitt, John Doe, Destiny Clark. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Filing Fee Receipt)(kh, ) (Entered: 02/08/2018)

Feb. 6, 2018

Feb. 6, 2018

Clearinghouse
2

Plaintiff John Doe's Motion for Leave to Proceed under a Pseudonym and for Protective Order by John Doe. (Attachments: # 1 Text of Proposed Order)(kh, ). (Entered: 02/08/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
3

Corporate/Conflict Disclosure Statement by Darcy Corbitt. (kh, ) (Entered: 02/08/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
4

Corporate/Conflict Disclosure Statement by Destiny Clark. (kh, ) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
5

Corporate/Conflict Disclosure Statement by John Doe. (kh, ) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
6

Motion for Rose Ann Saxe to Appear Pro Hac Vice by Destiny Clark, Darcy Corbitt, John Doe. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Boone, Brock) Modified on 2/9/2018 to add the attorney's name (kh, ). (Additional attachment(s) added on 2/9/2018: # 4 Motion Pro Hac Vice Filing Fee) (kh, ). (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
7

ORDER granting 6 Motion for Rose Ann Saxe to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 2/9/2018. (kh, ) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
8

Summons Issued as to Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward and mailed CMRRR with copy of 1 complaint, 2 Motion, 3 - 5 Corporate/Conflict Disclosure Statements(kh, ) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
9

Return Receipt Card showing service of 1 complaint, 2 Motion, 3 - 5 Corporate/Conflict Disclosure Statements signed by M.D. for Jeannie Eastman served on 2/13/2018, answer due 3/6/2018; Deena Pregno served on 2/13/2018, answer due 3/6/2018; Hal Taylor served on 2/13/2018, answer due 3/6/2018; Charles Ward served on 2/13/2018, answer due 3/6/2018. (kh, ) (Entered: 02/16/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
10

ORDERED that plaintiff John Doe's motion for leave to proceed under a pseudonym and for a protective order (doc. no. 2 ) is granted, with leave for each defendant to object within 10 business days after he or she first appears. Signed by Honorable Judge Myron H. Thompson on 2/26/2018. (kh, ) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
11

NOTICE of Appearance by Winfield James Sinclair on behalf of All Defendants (Sinclair, Winfield) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
12

NOTICE of Appearance by Brad A. Chynoweth on behalf of All Defendants (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
13

Corporate/Conflict Disclosure Statement by Charles Ward. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
14

Corporate/Conflict Disclosure Statement by Deena Pregno. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
15

Corporate/Conflict Disclosure Statement by Hal Taylor. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
16

Corporate/Conflict Disclosure Statement by Jeannie Eastman. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
17

MOTION for Extension of Time to File Answer re 1 Complaint, (UNOPPOSED) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
18

Response to Order re 10 Order on Motion for Miscellaneous Relief, Order on Motion for Protective Order,, (granting plaintiff John Does Motion for Leave to Proceed under a Pseudonym and giving defendants leave to file any objection within 10 business days of their appearance) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
19

TEXT ORDER granting 17 Motion for Extension of Time to Answer Answer due from Jeannie Eastman on 3/20/2018; Deena Pregno on 3/20/2018; Hal Taylor on 3/20/2018; Charles Ward on 3/20/2018. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (no pdf document attached to this entry)(kh, ) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
20

NOTICE of Appearance by Michael Wayne Robinson on behalf of All Defendants (Robinson, Michael) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
21

Second MOTION for Extension of Time to File Answer (Unopposed) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER

Set Hearings: Telephone Conference set for 3/29/2018 02:45 PM before Honorable Judge Myron H. Thompson. (ag, )

March 26, 2018

March 26, 2018

PACER
22

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/29/2018 (PDF available for court use only). (Recording Time 2:50 - 2:55.) (ag, ) (Main Document 22 replaced on 3/29/2018) (ag, ). (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
23

ORDER granting 21 second Motion for Extension of Time, such that defs now have until 4/3/2018 to respond to the complaint. Signed by Honorable Judge Myron H. Thompson on 3/29/18. (djy, ) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
24

ANSWER to 1 Complaint, by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward.(Chynoweth, Brad) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
25

RULE 26(f) ORDER: Accordingly, it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than April 27, 2018, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 4/6/2018. (kh, ) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
26

REPORT of Rule 26(f) Planning Meeting. (Boone, Brock) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
27

Motion to Appear Pro Hac Vice by Destiny Clark, Darcy Corbitt, John Doe. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Boone, Brock) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
28

ORDERED that the plaintiffs' motion for pro hace vice admission of Gabriel Arkles (doc. no. 27 ) is granted. Signed by Honorable Judge Myron H. Thompson on 4/30/2018. (kh, ) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
29

UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 8/9/2019, 10:00 AM, in Montgomery, Alabama, before Honorable Judge Myron H. Thompson; Non-Jury Trial set for 9/9/2019, 10:00 AM, in Montgomery, Alabama, before Honorable Judge Myron H. Thompson; Dispositive Motions due by 2/8/2019; Mediation Notice due by 1/18/2019; Amended Pleadings due by 7/16/2018; Discovery due by 1/11/2019, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/3/2018. (furn: ag, calendar)(kh, ) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
30

Joint MOTION for Protective Order by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward, John Doe, Darcy Corbitt, Destiny Clark. (Attachments: # 1 Text of Proposed Order Protective Order, # 2 Exhibit Confidentiality Undertaking)(Chynoweth, Brad) Modified on 5/17/2018 to add as filed on behalf of the plaintiffs (kh, ). (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
31

TEXT ORDER denying 30 Joint Motion for Protective Order with leave to refile for failure to comply with Section 15(c) of the court's Uniform Scheduling Order (see Doc. 29 ). Signed by Honorable Judge Gray M. Borden on 5/18/2018. (no pdf document attached to this entry)(kh, ) (kh, ). (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
32

Joint MOTION for Protective Order (Renewed) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Attachments: # 1 Text of Proposed Order Protective Order, # 2 Exhibit Confidentiality Undertaking)(Chynoweth, Brad) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
33

PROTECTIVE ORDER: It is ORDERED that the joint motion for protective order (Doc. 32 ) is GRANTED as further set out in order. Signed by Honorable Judge Gray M. Borden on 5/18/2018. (kh, ) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
34

First MOTION for Leave to File Amended Complaint by Destiny Clark, Darcy Corbitt, John Doe. (Attachments: # 1 Exhibit First Amended Complaint)(Boone, Brock) Modified on 8/6/2018 to clarify text to reflect as also filed on behalf of Jane Doe (qc/djy, ). (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
35

Proposed MOTION for Leave to File Under Pseudonym by Jane Doe. (Boone, Brock) Modified on 8/6/2018 to clarify text to reflect as filed by Jane Doe not all plfs (qc/djy, ). (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER

***Attorney Brock Boone,Randall C Marshall,Gabriel Arkles,Rose Saxe for Jane Doe added pursuant to 34 motion (NO PDF document attached to this notice). (djy, )

July 16, 2018

July 16, 2018

PACER
36

ORDERED that plaintiffs' unopposed motion for leave to file an amended complaint (doc. no. 34 ) is granted. Signed by Honorable Judge Myron H. Thompson on 7/24/2018. (kh, ) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
37

ORDER: Upon consideration of plaintiff Jane Doe's motion for leave to proceed under a pseudonym and for a protective order (doc. no. 35 ), it is ORDERED that the defendants show cause, if any there be, by August 6, 2018, as to why the motion should not be granted. Signed by Honorable Judge Myron H. Thompson on 7/24/2018. (kh, ) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
38

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Darcy Corbitt, Destiny Clark, Jane Doe.(Boone, Brock) Modified on 8/6/2018 to clarify text to reflect as also filed on behalf of Jane Doe, not John Doe (qc/djy, ). (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER

***Attorney Gabriel Arkles for Destiny Clark, Darcy Corbitt added pursuant to the 38 amended complaint. (no pdf document attached to this entry) (kh, ) Modified on 8/6/2018 to clarify text to remove reference to John Doe (qc/djy, ).

July 25, 2018

July 25, 2018

PACER
39

REPLY BRIEF re 37 Order to Show Cause, filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
40

ANSWER to 38 Amended Complaint, by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward.(Chynoweth, Brad) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
41

ORDERED that plaintiff Jane Doe's motion for leave to proceed under a pseudonym and for a protective order (doc. no. 35 ), to which defendants do not object, see Defs.' Reply to Show Cause Order (doc. no. 39 ), is granted. Signed by Honorable Judge Myron H. Thompson on 8/20/2018. (kh, ) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
42

MOTION for Protective Order (HIPAA) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Attachments: # 1 Exhibit Proposed Order)(Chynoweth, Brad) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
43

PROPOSED QUALIFIED HIPAA PROTECTIVE ORDER: This order authorizes Defendants to submit the redacted information to the Court under seal. This order is intended to authorize such disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R. 164.512(e)(1)(i). The parties are EXPRESSLY PROHIBITED from using or disclosing the protected health information submitted pursuant to this order for any purpose other than this action. Further, the parties are ORDERED to destroy the protected health information (including all copies made), immediately upon conclusion of this action. See 45 C.F.R. 163.502(b); 164.512(e)(1)(v). Signed by Honorable Judge Gray M. Borden on 1/14/2019. (kh, ) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
44

TEXT ORDER granting 42 MOTION for Protective Order (HIPAA). Signed by Honorable Judge Gray M. Borden on 1/14/2019. (no pdf document attached to this entry)(kh, ) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
45

Notice of Mediation and Settlement Conference by All Plaintiffs (Marshall, Randall) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
46

MOTION for Summary Judgment by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
47

MOTION for Leave to File Records Under Seal (Unopposed) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
48

Evidentiary Submission re 46 MOTION for Summary Judgment filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 - under seal, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 10a - under seal, # 12 Exhibit 11, # 13 Exhibit 11a - under seal, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16 - under seal)(Chynoweth, Brad) (Attachment 15 replaced on 3/20/2019) (kh, ). (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
49

NOTICE OF FILING RECORDS UNDER SEAL by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward re 48 Evidentiary Submission,, (Attachments: # 1 Exhibit 3, # 2 Exhibit 10a, # 3 Exhibit 11a, # 4 Exhibit 16)(kh, ) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
50

MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction by Destiny Clark, Darcy Corbitt, Jane Doe. (Boone, Brock) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
51

BRIEF/MEMORANDUM in Support re 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction filed by Destiny Clark, Darcy Corbitt, Jane Doe. (Boone, Brock) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

Clearinghouse
52

Evidentiary Submission re 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction, 51 BRIEF/MEMORANDUM in Support filed by Destiny Clark, Darcy Corbitt, Jane Doe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit Placeholder, # 7 Exhibit Placeholder, # 8 Exhibit Placeholder, # 9 Exhibit Placeholder, # 10 Exhibit Placeholder, # 11 Exhibit Placeholder, # 12 Exhibit Placeholder, # 13 Exhibit Placeholder, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit Placeholder, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit Placeholder, # 40 Exhibit 40, # 41 Exhibit Placeholder, # 42 Exhibit Placeholder, # 43 Exhibit Placeholder, # 44 Exhibit Placeholder, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Boone, Brock) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
53

NOTICE by Destiny Clark, Darcy Corbitt, Jane Doe re 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction, 51 BRIEF/MEMORANDUM in Support (Boone, Brock) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
54

BRIEF/MEMORANDUM in Support re 46 MOTION for Summary Judgment filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

Clearinghouse
55

TEXT ORDER granting 47 Motion for Leave to File Records Under Seal. Signed by Honorable Judge Myron H. Thompson on 2/11/2019. (No pdf attached to this entry) (alm, ) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
56

PLAINTIFFS' NOTICE OF FILING EXHIBITS UNDER SEAL by Destiny Clark, Darcy Corbitt, Jane Doe re 52 Evidentiary Submission (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 31, # 10 Exhibit 39, # 11 Exhibit 41, # 12 Exhibit 42, # 13 Exhibit 43, # 14 Exhibit 44)(kh, ) (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
57

ORDERED that the motions for summary judgment (doc. nos. 46 & 50 ) are set for submission without oral argument on March 22, 2019, with the opposition briefs and evidentiary materials due by March 8, 2019, and any replies to the opposition due by March 22, 2019. Signed by Honorable Judge Myron H. Thompson on 2/15/2019. (kh, ) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
58

BRIEF/MEMORANDUM in Opposition to Defendant's Motion for Summary Judgment filed by Destiny Clark, Darcy Corbitt, Jane Doe. (Boone, Brock) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
59

Evidentiary Submission in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Destiny Clark, Darcy Corbitt, Jane Doe. (Attachments: # 1 Exhibit 60, # 2 Exhibit 61, # 3 Exhibit 62, # 4 Exhibit 63, # 5 Exhibit 64, # 6 Exhibit 65, # 7 Exhibit 66, # 8 Exhibit 67, # 9 Exhibit 68, # 10 Exhibit 69, # 11 Exhibit 70, # 12 Exhibit 71, # 13 Exhibit 72, # 14 Exhibit 73, # 15 Exhibit 74, # 16 Exhibit 75, # 17 Exhibit 76, # 18 Exhibit 77)(Boone, Brock) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
60

BRIEF/MEMORANDUM in Opposition re 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
61

REPLY BRIEF to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment filed by Destiny Clark, Darcy Corbitt, Jane Doe. (Arkles, Gabriel) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
62

REPLY BRIEF re 58 BRIEF/MEMORANDUM in Opposition to Defendants' Motion for Summary Judgment filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER

Case Reassigned to Honorable Judge Stephen Michael Doyle as referral judge; Honorable Judge Gray M. Borden no longer assigned to the case. (no pdf document attached to this entry) (kh, )

June 26, 2019

June 26, 2019

PACER
63

ORDERED that all pending motions are set for an in-person oral argument on July 30, 2019, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson Jr United States Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 7/8/2019. (furn: ag, calendar)(kh, ) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
64

Joint MOTION for Extension of Deadline Trial Deadlines Pending Oral Argument by Destiny Clark, Darcy Corbitt, Jane Doe, Hal Taylor, Charles Ward, Deena Pregno, and Jeannie Eastman. (Attachments: # 1 Text of Proposed Order)(Boone, Brock) Modified on 7/18/2019 to add as filed on behalf of the defendants(kh, ). (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
65

ORDERED that: (1) The motion to suspend trial deadlines pending oral argument on cross motions for summary judgment (doc. no. 64) is set for an in-person hearing on July 30, 2019, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, as further set out. Signed by Honorable Judge Myron H. Thompson on 7/16/2019. (furn: calendar, ag)(kh, ) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
66

ORDER SETTING PRETRIAL HEARING: Final Pretrial Conference set for 8/9/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; Proposed Pretrial Order due by 8/6/2019. Non-Jury Trial set for 9/9/2019, at 10:00 AM, in Montgomery, Alabama before Honorable Judge Myron H. Thompson; as further set out. Signed by Honorable Judge Myron H. Thompson on 7/16/2019. (furn: calendar, ag)(kh, ) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
67

NOTICE by Destiny Clark, Darcy Corbitt, Jane Doe re 58 BRIEF/MEMORANDUM in Opposition, 55 Order on Motion for Leave to File, 62 Reply Brief, 59 Evidentiary Submission,, 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction, 56 Notice (Other), 54 BRIEF/MEMORANDUM in Support, 51 BRIEF/MEMORANDUM in Support, 52 Evidentiary Submission,,,,, 57 Order, 60 BRIEF/MEMORANDUM in Opposition, 61 Reply Brief, 53 Notice (Other) of Supplemental Authority (Attachments: # 1 Supplement)(Boone, Brock) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
68

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 7/30/2019 re 50 MOTION for Summary Judgment Declaratory Relief, and Permanent Injunction filed by Destiny Clark, Darcy Corbitt, Jane Doe, 64 Joint MOTION for Extension of Deadline Trial Deadlines Pending Oral Argument filed by Destiny Clark, Deena Pregno, Charles Ward, Darcy Corbitt, Hal Taylor, Jane Doe, Jeannie Eastman, 46 MOTION for Summary Judgment filed by Deena Pregno, Charles Ward, Hal Taylor, Jeannie Eastman (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
69

ORDERED that the parties' motions for summary judgment (doc. nos. 46 & 50 are denied. Signed by Honorable Judge Myron H. Thompson on 7/30/2019. (kh, ) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
70

STIPULATION (Joint) by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward, Darcy Corbitt, John Doe, and Destiny Clark (Attachments: # 1 Exhibit A)(Chynoweth, Brad) Modified on 7/30/2019 to add as filed on behalf of the plaintiffs (kh, ). (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
71

ORDERED that the joint motion for extension of deadlines (doc. no. 64 ) is ranted as follows: (1) The pretrial and trial are continued generally. However, the court has not yet decided whether to have a trial or not. (2) All unexpired deadlines connected to the pretrial and trial are suspended. However, the parties are still to submit a proposed pretrial order by August 6. (3) If the court decides to hold a trial, a new trial date, as well as new pretrial deadlines, will be set. Signed by Honorable Judge Myron H. Thompson on 7/31/2019. (furn: calendar, ag) (term: Final Pretrial Conference set for 8/9/2019; Non-Jury Trial set for 9/9/2019) (kh, ) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
72

Motion for Leslie J. Cooper to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602054465.) by Destiny Clark, Darcy Corbitt, John Doe. (Attachments: # 1 Original Certificate of Good Standing - USDC-SDNY, # 2 Filing Fee Receipt)(kh, ) (Entered: 08/06/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
73

TEXT ORDER granting 72 Motion for Leslie J. Cooper to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 8/6/2019. (no pdf document tatted to this entry)(kh, ) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER

***Attorney Leslie J. Cooper for Destiny Clark,Leslie J. Cooper for Darcy Corbitt,Leslie J. Cooper for Jane Doe added pursuant to the court's 73 text order. (no pdf document attached to this entry) (kh, )

Aug. 6, 2019

Aug. 6, 2019

PACER
74

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 7/30/2019, before Honorable Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. 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 OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 9/4/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/12/2019. (kh, ) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
75

NOTICE by Destiny Clark, Darcy Corbitt, Jane Doe re 58 BRIEF/MEMORANDUM in Opposition, 55 Order on Motion for Leave to File, 59 Evidentiary Submission,, 56 Notice (Other), 54 BRIEF/MEMORANDUM in Support, 51 BRIEF/MEMORANDUM in Support, 52 Evidentiary Submission,,,,, 57 Order, 60 BRIEF/MEMORANDUM in Opposition, 61 Reply Brief, 53 Notice (Other) of Supplemental Authority (Attachments: # 1 Exhibit A)(Boone, Brock) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
76

MOTION to Withdraw as Attorney by Destiny Clark, Darcy Corbitt, Jane Doe. (Boone, Brock) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
77

MOTION to Substitute Attorney by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Barnes, Noel) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
78

TEXT ORDER granting 77 Motion to Substitute Attorney. Signed by Honorable Judge Myron H. Thompson on 3/23/2020. (no pdf document attached to this entry)(kh, ) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER

*** Attorney Michael Wayne Robinson terminated pursuant to the 78 text order. (no pdf document attached to this entry)(kh, )

March 23, 2020

March 23, 2020

PACER
79

TEXT ORDER granting 76 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 3/23/2020. (no pdf document attached to this entry)(kh, ) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER

*** Attorney Brock Boone terminated pursuant to the 79] text order. (no pdf document attached to this entry)(kh, )

March 23, 2020

March 23, 2020

PACER
80

NOTICE by Destiny Clark, Darcy Corbitt, Jane Doe Notice of Supplemental Authority (Arkles, Gabriel) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
81

ORDER: This court, having denied the parties' crossmotions for summary judgment, must resolve "whether to decide the case on the paper record or to hold a trialas to some or all issues." Order (doc. no. 69 ). In order to inform that decision, the court seeks additional briefing from the parties. Accordingly, itis ORDERED that the parties are to separately file, by noon on September 18, 2020, a brief responding to the following questions, with any reply, if desired, due by noon on September 25, 2020, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/3/2020. (kh, ) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
82

REPLY BRIEF re 81 Order,, filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
83

BRIEF/MEMORANDUM in Support re 81 Order,, filed by Destiny Clark, Darcy Corbitt, Jane Doe, John Doe. (Marshall, Randall) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
84

REPLY BRIEF re 83 BRIEF/MEMORANDUM in Support filed by Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
85

REPLY BRIEF re 82 Reply Brief, 81 Order,, filed by Destiny Clark, Darcy Corbitt, Jane Doe, John Doe. (Marshall, Randall) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
86

MOTION to Expedite Final Decision by Destiny Clark, Darcy Corbitt, Jane Doe, John Doe. (Marshall, Randall) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
87

TEXT ORDER: Conference Call re 86 motion set for 9/29/2020, at 07:30 AM, by telephone, before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 9/28/2020. (furn: calendar, ag)(no pdf document attached to this entry)(kh, ) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
88

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 9/29/2020 re 86 MOTION to Expedite Final Decision filed by Destiny Clark, John Doe, Darcy Corbitt, Jane Doe (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
89

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of All Defendants (Messick, Misty) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
90

Motion for James D. Esseks to Appear Pro Hac Vice by Destiny Clark, Darcy Corbitt, Jane Doe. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Marshall, Randall) Modified on 10/20/2020 to add the attorney's name.(kh, ). (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
91

Motion for Kaitlin Welborn to Appear Pro Hac Vice by Destiny Clark, Darcy Corbitt, Jane Doe. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Marshall, Randall) Modified on 10/20/2020 to add the attorney's name. (kh, ). (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
92

NOTICE of Appearance by James William Davis on behalf of Jeannie Eastman, Deena Pregno, Hal Taylor, Charles Ward (Davis, James) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
93

ORDER: Based on the representations made on the record during the conference call on September 29, 2020, it is ORDERED that the motion to expedite (doc. no. 86 ) is granted to the extent that the court is expediting its consideration of this case, including whether to hold a hearing and when that should take place. Signed by Honorable Judge Myron H. Thompson on 10/23/2020. (kh, ) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 6, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three transgender individuals who had been denied the ability to change their gender on their Alabama driver licenses.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Law Enforcement Agency, State

Alabama Department of Public Safety, State

Alabama Law Enforcement Agency, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Drivers Licenses

LGBTQ+:

LGBTQ+

Transgender: IDs

Discrimination-basis:

Gender identity