Case: Town of Hayneville v. Tyson-Bailey

2:16-cv-00818 | U.S. District Court for the Middle District of Alabama

Filed Date: Oct. 13, 2016

Closed Date: March 21, 2017

Clearinghouse coding complete

Case Summary

This is a case about whether a federal court had jurisdiction to order different relief than what was ordered by a state court with respect to a town council election where, after being elected, a candidate was disqualified due to being a convicted felon. On October 13, 2016, the Town of Hayneville ("Hayneville") filed this lawsuit in the U.S. District Court for the Middle District of Alabama (the "Federal Court"). Represented by private counsel, Hayneville sued the four qualified candidates fo…

This is a case about whether a federal court had jurisdiction to order different relief than what was ordered by a state court with respect to a town council election where, after being elected, a candidate was disqualified due to being a convicted felon.

On October 13, 2016, the Town of Hayneville ("Hayneville") filed this lawsuit in the U.S. District Court for the Middle District of Alabama (the "Federal Court"). Represented by private counsel, Hayneville sued the four qualified candidates for the town council election and petitioned the Federal Court to order that either (i) a new election be held for the four qualified candidates or (ii) the top three qualified candidates from the initial election be declared the winners, thereby overriding the order by the Circuit Court for the Second Judicial Circuit of Alabama (the "State Court") that the vacancy be filled by appointment. Hayneville claimed the Federal Court had jurisdiction over this matter pursuant to a 1988 Middle District of Alabama Consent Decree in Dillard v. Crenshaw County Alabama, Civil Action 2:87-cv-1230-MHT.

This case was initially assigned to Magistrate Judge Gray M. Borden but was reassigned to Judge Myron H. Thompson on January 10, 2017; however, the reasoning of the decision was articulated by Judge Borden in his February 21, 2017 Report and Recommendation, which Judge Thompson fully adopted without further commentary on March 21, 2017.

On August 23, 2016, Hayneville held an election for three open seats on its District "A" Town Council. Five candidates ran. On September 13, 2016, the State Court determined that one of the winning candidates was ineligible to run due to being a convicted felon and that his election was therefore void. The State Court then ordered that the vacancy should be filled by appointment, as prescribed by Alabama law. Dissatisfied with this outcome, Hayneville filed this lawsuit against the four qualified candidates, arguing that the Federal Court should override the State Court's order and, instead, require that either (i) a new election be held for the four qualified candidates or (ii) the top three qualified candidates from the initial election be declared the winners. While Hayneville admitted that appointment was permissible under Alabama law, it argued that it would disenfranchise hundreds of voters and fail to comply with a 1988 Middle District of Alabama Consent Decree.

On October 26, 2016, three of the defendants filed answers admitting the allegations in Hayneville's complaint and submitting to the jurisdiction of the Federal Court. However, one defendant filed a response asking the Federal Court to deny Hayneville's request and uphold the State Court's appointment order. On November 8, 2016, Judge Borden ordered Hayneville to articulate the basis for the Federal Court's subject matter jurisdiction, which Hayneville attempted to do through an amended complaint asserting that the Consent Decree was still operative. On November 30, 2016, the challenging defendant filed a Motion to Dismiss Hayneville's amended complaint, which Judge Thompson granted on March 21, 2017 per Judge Borden's February 21, 2017 Report and Recommendation.

In recommending grant of the Motion to Dismiss, Judge Borden determined that the Consent Decree--which Hayneville claimed was the basis for the Federal Court's subject matter jurisdiction--was no longer operative as it was codified into Alabama state law and subsequently dissolved by the Federal Court. According to Judge Borden, the Consent Decree itself provided that it would only remain in effect until its provisions were enacted as state law and that, after that occurred, the Federal Court expressly dissolved the Consent Decree and the subject matter therein (i.e., the system by which Hayneville elects its Town Council) became exclusively a state law issue over which federal courts have no jurisdiction.

Hayneville has not filed any objections or appeals following the Judgment entered by Judge Thompson on March 21, 2017.

Summary Authors

Nathaniel Hsieh (6/7/2024)

Related Cases

Dillard v. Crenshaw County, AL, Middle District of Alabama (1985)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5606797/parties/town-of-hayneville-v-tyson-bailey-mag/


Judge(s)
Attorney for Plaintiff

Strickland, Michael Glen (Alabama)

Attorney for Defendant
Expert/Monitor/Master/Other

Borden, Gray M.

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Documents in the Clearinghouse

Document
1

2:16-cv-00818

Complaint

Town of Hayneville v. Council District "A" Candidates for the August 23, 2016 Election

Oct. 13, 2016

Oct. 13, 2016

Complaint
19

2:16-cv-00818

Amended Complaint

Town of Hayneville v. Tyson-Bailey, et al.

Nov. 22, 2016

Nov. 22, 2016

Complaint
18

2:16-cv-00818

Brief in Support of Federal Court Jurisdiction Over Time of Hayneville v. Tyson-Bailey et al.

Town of Hayneville v. Tyson-Bailey, et al.

Nov. 22, 2016

Nov. 22, 2016

Pleading / Motion / Brief
20

2:16-cv-00818

Motion to Dismiss Amended Complaint

Town of Hayneville v. Tyson-Bailey, et al.

Nov. 30, 2016

Nov. 30, 2016

Pleading / Motion / Brief
26

2:16-cv-00818

Report and Recommendation of the Magistrate Judge

Town of Hayneville v. Tyson-Bailey, et al.

Feb. 21, 2017

Feb. 21, 2017

Magistrate Report/Recommendation

2017 WL 1100444

28

2:16-cv-00818

Judgment

Town of Hayneville v. Tyson-Bailey, Council District "A" Candidate for the August 23, 2016 Election, et al.

March 21, 2017

March 21, 2017

Order/Opinion
27

2:16-cv-00818

Opinion

Town of Hayneville v. Tyson-Bailey, Council District "A" Candidate for the August 23, 2016 Election, et al.

March 21, 2017

March 21, 2017

Order/Opinion

2017 WL 1086330

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5606797/town-of-hayneville-v-tyson-bailey-mag/

Last updated Aug. 12, 2025, 11:49 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rickey Bell, Kim Payton, Carole C Scrushy, Lula Tyson-Bailey ( Filing fee $ 400.00 receipt number 4602042764.), filed by Town of Hayneville. (Attachments: # 1 Filing Fee Receipt)(kh, ) (Entered: 10/18/2016)

1 Filing Fee Receipt

View on PACER

Oct. 13, 2016

Oct. 13, 2016

Clearinghouse
2

Corporate/Conflict Disclosure Statement by Town of Hayneville. (kh, ) (Entered: 10/18/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
3

NOTICE of Assignment to Magistrate Judge sent to counsel for Town of Hayneville (kh, ) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
4

Summons Issued as to Rickey Bell, Kim Payton, Carole C Scrushy, Lula Tyson-Bailey and mailed CMRRR with copy of 1 Complaint and 2 Conflict Disclosure Statement. (kh, ) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
5

Return Receipt Card showing service of Summons, 1 Complaint, and 2 Corporate/Conflict Disclosure Statement signed by S. Payton for Kim Payton served on 10/19/2016, answer due 11/9/2016. (kh, ) (Entered: 10/21/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
6

Return Receipt Card showing service of Summons, 1 Complaint, and 2 Corporate/Conflict Disclosure Statement signed by C. Scrushy for Carole C Scrushy served on 10/20/2016, answer due 11/10/2016. (kh, ) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
7

Return Receipt Card showing service of Summons, 1 Complaint, and 2 Corporate/Conflict Disclosure Statement signed by Rickey Bell for Rickey Bell served on 10/21/2016, answer due 11/14/2016. (kh, ) (Entered: 10/25/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
8

Return Receipt Card showing service of Summons, 1 Complaint, and 2 Corporate/Conflict Disclosure Statement signed by Quentin Doss for Lula Tyson-Bailey served on 10/21/2016, answer due 11/14/2016. (kh, ) (Entered: 10/25/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
9

ANSWER to 1 Complaint by Carole C Scrushy.(kh, ) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

RECAP
10

ANSWER to 1 Complaint by Kim Payton.(kh, ) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

RECAP
11

ANSWER to 1 Complaint by Rickey Bell.(kh, ) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

RECAP
12

ANSWER to 1 Complaint by Lula Tyson-Bailey.(kh, ) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

Clearinghouse
13

Corporate/Conflict Disclosure Statement by Lula Tyson-Bailey. (kh, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
14

Corporate/Conflict Disclosure Statement by Carole C Scrushy. (kh, ) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
15

Corporate/Conflict Disclosure Statement by Rickey Bell. (kh, ) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
16

ORDERED that, on or before November 22, 2016, Hayneville shall either (1) amend its complaint to properly allege the basis for this court's subject matter jurisdiction, or (2) submit a brief articulating the basis for subject matter jurisdiction and addressing Hayneville's standing to bring suit. Failure to plead the necessary jurisdictional prerequisites or submit a brief in a timely manner will result in a recommendation that this case be dismissed for lack of subject matter jurisdiction. Signed by Honorable Judge Gray M. Borden on 11/8/2016. (kh, ) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

Clearinghouse
17

Corporate/Conflict Disclosure Statement by Kim Payton. (kh, ) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
18

BRIEF in Support of Federal Court Jurisdiction re 16 Order, filed by Town of Hayneville. (Attachments: # 1 Exhibit A)(Strickland, Michael) (Entered: 11/22/2016)

1 Exhibit A

View on RECAP

Nov. 22, 2016

Nov. 22, 2016

Clearinghouse
19

AMENDED COMPLAINT against All Defendants, filed by Town of Hayneville.(Strickland, Michael) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

Clearinghouse
20

MOTION to Dismiss by Lula Tyson-Bailey. (Thornton, Jerry) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

Clearinghouse
21

ORDERED that, on or before December 14, 2016, any party shall show cause, if any exists, as to why Tyson-Bailey's motion (Doc. 20 ) should not be granted. Signed by Honorable Judge Gray M. Borden on 11/30/2016. (kh, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
22

ORDER: This case has been assigned to a Magistrate Judge, and the parties have the right to consent or to request reassignment. See Attached Explanation. The parties should now confirm their decision in writing. See Rembert v. Apfel, 213 F.3d 1331 (11th Cir. 2000). Accordingly, counsel for the parties are ORDERED to complete the appropriate attached form so that the form is received by the Clerk on or before 12/23/2016 as further set out in the order. Signed by Honorable Judge Gray M. Borden on 12/2/2016. (dmn, ) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
23

RESPONSE in Opposition re 20 MOTION to Dismiss filed by Town of Hayneville. (Attachments: # 1 Exhibit Petition for Writ of Mandamus, # 2 Exhibit Response to Petition for Writ of Mandamus)(Strickland, Michael) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
24

Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge Gray M. Borden no longer assigned to the case as presiding judge. (kh, ) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
25

ORDER REFERRING CASE to Magistrate Judge Honorable Judge Gray M. Borden for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 1/10/2017. (kh, ) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
26

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE that Defendant Lula Tyson- Baileys motion to dismiss (Doc. 20 ) be GRANTED, and that this case be DISMISSED without prejudice due to this courts lack of subject-matter jurisdiction. Objections to R&R due by 3/7/2017. Signed by Honorable Judge Gray M. Borden on 2/21/2017. (kh, ) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

Clearinghouse
27

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/21/2017. (kh, )

March 21, 2017

March 21, 2017

Clearinghouse
28

JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 26 ) is adopted. (2) The motion to dismiss (doc. no. 20 ) is granted. (3) This lawsuit is dismissed in its entirety without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civi l docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/21/2017. (kh, ) (Additional attachment(s) added on 3/21/2017: # 1 Civil Appeals Checklist) (kh, ).

March 21, 2017

March 21, 2017

Clearinghouse

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 13, 2016

Closing Date: March 21, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Town of Hayneville

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lula Tyson-Bailey, None

Rickey Bell, None

Kim Payton, None

Carole C. Scrushy, None

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: $0

Issues

Voting:

Candidate qualifications

Election administration

Voting: General & Misc.