Case: Thompson v. State of Alabama

2:16-cv-00783 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 26, 2016

Closed Date: May 25, 2023

Clearinghouse coding complete

Case Summary

A voting rights organization and several convicted felons filed putative class action against the Alabama Secretary of State, chair of county board of registrars, and chair of Board of Pardons and Paroles, alleging that the amendment to state constitution disenfranchising persons convicted of felonies involving moral turpitude violated Equal Protection and Ex Post Facto Clauses, and that Alabama's mail voting registration form violated National Voting Registration Act (NVRA).  The Supreme Court…

A voting rights organization and several convicted felons filed putative class action against the Alabama Secretary of State, chair of county board of registrars, and chair of Board of Pardons and Paroles, alleging that the amendment to state constitution disenfranchising persons convicted of felonies involving moral turpitude violated Equal Protection and Ex Post Facto Clauses, and that Alabama's mail voting registration form violated National Voting Registration Act (NVRA). 

The Supreme Court has already ruled that the 1901 Alabama state constitution was intentionally enacted to discriminate against and disenfranchise black Alabamians. In 1995, House Bill 38 was introduced to repeal and replace Article VIII of the 1901 constitution. The bill incorporated the language proposed by the earlier failed 1973 and 1979 commissions and passed in the 1983 constitutional replacement effort, including a provision to disenfranchise persons convicted of felonies involving moral turpitude. After passing in the State House and Senate, the proposed amendment was approved by 76% of the voters on the ballot of the June 4, 1996 primary election, including eight of the ten counties in Alabama with majority black populations, and so became Amendment 579 to the Alabama constitution. Amendment 579, now codified as Ala. Const. art. VIII, § 177, provides that:

(a) Every citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

Appellants filed the present case on September 26, 2016, as a putative class action with fifteen different claims. Plaintiffs’ challenged Alabama’s constitutional and statutory scheme for the disenfranchisement and re-enfranchisement of individuals convicted of crimes of moral turpitude, but only five of the counts in Plaintiffs’ fifteen-count complaint were litigated, i.e., Plaintiffs’ claimed that section 177(b) of the Alabama Constitution is racially discriminatory in violation of the Fourteenth Amendment’s Equal Protection Clause and the Fifteenth Amendment; Plaintiffs’ claimed that section 177(b) is an ex post facto law that retroactively punishes citizens; Plaintiffs’ claimed that section 177(b) violates the Eighth Amendment’s proscription against cruel and unusual punishment; and Plaintiffs’ claimed that section 15-22-36.1(a)(3) of the Alabama Code violates the Fourteenth Amendment’s Equal Protection Clause.

After extensive discovery, the District Court granted summary judgment in favor of Alabama on all claims on December 3, 2020. 

The Appellants appealed the decision to the 11th Circuit on December 31, 2020 (docket no. 21-10034). 

On appeal, Appellants raised only three substantive issues: (1) whether Amendment 579 eliminated the taint of discriminatory intent behind § 182, (2) whether Amendment 579 violated the Ex Post Facto Clause of the U.S. Constitution, and (3) whether Alabama's mail voter registration form violated the NVRA.

On May 25, 2023, the Court of Appeals Circuit Judge held that (1) the amendment eliminated any taint from racially discriminatory motives behind state constitution's earlier felon disenfranchisement provision; (2) disenfranchisement did not constitute punishment for Ex Post Facto Clause purposes; and (3) Alabama's mail voter registration form did not violate NVRA, affirming the decision in the United States District Court for the Middle District of Alabama.

There has been no further activity on this case. 

Summary Authors

(7/21/2024)

Related Cases

Thompson v. Alabama, Middle District of Alabama (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6128813/parties/thompson-v-allen/


Judge(s)
Attorney for Plaintiff

Aden, Leah C (Alabama)

Amunson, Jessica Ring (Alabama)

Artrip, Eric J (Alabama)

Attorney for Defendant

Albritton, Benjamin Howard (Alabama)

Expert/Monitor/Master/Other

Ayers, Marc James (Alabama)

Attorney for Plaintiff

Aden, Leah C (Alabama)

Amunson, Jessica Ring (Alabama)

Artrip, Eric J (Alabama)

Bauer, Mary Catherine (Alabama)

Bauer, Beth Ann (Alabama)

Blacksher, James Uriah (Alabama)

Brewer, William A. (Alabama)

Broder, Tanya (Alabama)

Brooke, Samuel J (Alabama)

Bruner, Ben E (Alabama)

Buschell, Ryan M (Alabama)

Carlson, Mary Joyce (Alabama)

Cheer, Shiu-Ming (Alabama)

Collins, Michael J (Alabama)

Connor, Glen M (Alabama)

Danahy, Molly Elizabeth (Alabama)

Davies, George N (Alabama)

Derfner, Armand (Alabama)

Desormeau, Katherine (Alabama)

Diaz, Jonathan (Alabama)

Fedornak, Melissa Takara (Alabama)

Fram, Robert D (Alabama)

Francois, Aderson B. (Alabama)

Gaber, Mark Peter (Alabama)

Geise, John Michael (Alabama)

Gelernt, Lee (Alabama)

Gomez, Martha L (Alabama)

Gonzalez, Joshua A (Alabama)

Greenberg, Michael S (Alabama)

Grossman, Joanne B (Alabama)

Harawa, Daniel S (Alabama)

Hebert, Joseph Gerald (Alabama)

Hepler, Larry E (Alabama)

Hipp, Jason P. (Alabama)

Huang, Sylvia (Alabama)

Jadwat, Omar (Alabama)

Joaquin, Linton (Alabama)

Jr, Herman Watson (Alabama)

Jr, Joe R (Alabama)

Kao, Winifred Virginia (Alabama)

Karlan, Pamela (Alabama)

Karp, Jessica Devlin (Alabama)

Keaney, Melissa S (Alabama)

Kramer, Ronald J. (Alabama)

Lang, Danielle (Alabama)

Lapointe, Michelle (Alabama)

Lee, Wallace J (Alabama)

Ling, Sin Yen (Alabama)

Llewellyn, Patrick D (Alabama)

Maer, Foster S (Alabama)

McGuire, Joseph Mitchell (Alabama)

McKinney, Rebekah Keith (Alabama)

Merle, Natasha (Alabama)

Millimet, Robert M. (Alabama)

Mittal, Vivek (Alabama)

Montag, Coty (Alabama)

Morrison, Ian H. (Alabama)

Mukherjee, Elora (Alabama)

Neal, Allison E (Alabama)

Oatis, Richard B (Alabama)

Oshiro, Erin Emi (Alabama)

Pedersen, Amy (Alabama)

Perales, Nina (Alabama)

Petrocelli, Kelly Ann (Alabama)

Prakash, Swati R (Alabama)

Rasmussen, Lisa A (Alabama)

Reddy, K. Prabhaker (Alabama)

Reese, Elizabeth (Alabama)

Ross, Deuel (Alabama)

Rouco, Richard P (Alabama)

Rubio, Sigfredo (Alabama)

Schwartz-Fenwick, Samuel Michael (Alabama)

Schwarz, Ghita R (Alabama)

Segura, Andre (Alabama)

Sen, Diana S (Alabama)

Shafroth, Nathan E (Alabama)

Shaul, Roman Ashley (Alabama)

Smith, James McCall (Alabama)

Sonneborn, Amanda A (Alabama)

Spears, G Brian (Alabama)

Stewart, Michael E. (Alabama)

Still, W Edward (Alabama)

Stroup, Robert H (Alabama)

Sugarman, Kenneth J (Alabama)

Swarns, Christina (Alabama)

Tan, Michael Kt (Alabama)

Tsu, Naomi (Alabama)

Tumlin, Karen C (Alabama)

Turner, Andrew H (Alabama)

Viramontes, Victor G (Alabama)

Wang, Cecillia (Alabama)

Werner, Daniel (Alabama)

Wilberforce, Nana (Alabama)

Wu, Victorien (Alabama)

Yangy, Xiyun (Alabama)

Yun, Jennifer J. (Alabama)

Zaragoza, Liliana (Alabama)

Attorney for Defendant

Albritton, Benjamin Howard (Alabama)

Barker, John Campbell (Alabama)

Barnes, Noel S (Alabama)

Bates, Roger Lee (Alabama)

Beasley, Jere Locke (Alabama)

Biggs, Adam Arthur (Alabama)

Bitter, Adam Nicholas (Alabama)

Bitzer, Windy Cockrell (Alabama)

Blackburn, Kevin Wayne (Alabama)

Brasher, Andrew Lynn (Alabama)

Byrd, William Crumbly (Alabama)

Cantrell, Michael A (Alabama)

Carter, Clinton Chadwell (Alabama)

Chynoweth, Brad A. (Alabama)

Colmenero, Angela V (Alabama)

Cox, William S. (Alabama)

D'Andrea, Arthur (Alabama)

Davis, James William (Alabama)

Dodd, Stephen N (Alabama)

Fairbanks, Philip G. (Alabama)

Flynn, Sherrie Marie (Alabama)

Garrett, Billington M. (Alabama)

Grant, Britt C. (Alabama)

Greene, Andrew Robert (Alabama)

Hacker, David Jonathan (Alabama)

Harmon, Bart Gregory (Alabama)

Hill, Anne Adams (Alabama)

Horowitt, Darryl J. (Alabama)

Howell, Laura Elizabeth (Alabama)

Hudson, Eric Alan (Alabama)

Joiner, Michael C. (Alabama)

Jordan, Nikaa Baugh (Alabama)

Jr, C Richard (Alabama)

Jr, William H (Alabama)

Kachelman, John (Alabama)

Keel, James Michael (Alabama)

Keller, Scott A. (Alabama)

King, Troy Robin (Alabama)

Kirkpatrick, Megan A. (Alabama)

Kneisel, Richard Craig (Alabama)

Koplan, Andrew B. (Alabama)

Kuehnert, Joel M. (Alabama)

LaCour, Edmund Gerard (Alabama)

Lembke, Matthew H. (Alabama)

Leonie, Andrew D (Alabama)

Little, William D. (Alabama)

Lucado, Michael Shane (Alabama)

Lunsford, William Richard (Alabama)

Mangan, Mary (Alabama)

Marshall, Steven Troy (Alabama)

Martin, Olivia W (Alabama)

Maze, Corey L (Alabama)

McCollum, Carrie Ellis (Alabama)

Messick, Misty Shawn (Alabama)

Miles, Wilson Daniel (Alabama)

Mitchell, Jonathan Franklin (Alabama)

Neiman, John Cowles (Alabama)

Nimocks, Austin (Alabama)

Northcutt, Robert F (Alabama)

Oldham, Andrew Stephen (Alabama)

O'Rear, Caine O'Rear (Alabama)

Parker, William G. (Alabama)

Patterson, Peter Andrew (Alabama)

PHV, John Andrew (Alabama)

PHV, Robert D. (Alabama)

Pinson, Andrew Alan (Alabama)

Radney, W. Larkin (Alabama)

Reagan, Henry Theodore (Alabama)

Reeves, Matthew (Alabama)

Roberts, Mary-Coleman Mayberry (Alabama)

Rudofsky, Lee Philip (Alabama)

Shah, Prerak (Alabama)

Sharman, Jackson R. (Alabama)

Shaw, Carrie G (Alabama)

Sheehan, William A (Alabama)

Simpson, Lauren Ashley (Alabama)

Sinclair, Winfield James (Alabama)

Smithee, Stephanie Lynn (Alabama)

Steely, Kenneth Scott (Alabama)

Strange, Luther J (Alabama)

Tambling, Robert Douglas (Alabama)

Tarver, Courtney Wayne (Alabama)

Toth, Michael Christopher (Alabama)

VanDyke, Lawrence (Alabama)

Warren, Sarah Hawkins (Alabama)

show all people

Documents in the Clearinghouse

Document
1

2:16-cv-00783

Class-Action Complaint For Declaratory And Injunctive Relief

Sept. 26, 2016

Sept. 26, 2016

Complaint
43

Motion to Dismiss and Brief in Support

Nov. 16, 2016

Nov. 16, 2016

Pleading / Motion / Brief
48

Opposition to Motion to Dismiss and Brief in Support

Jan. 13, 2017

Jan. 13, 2017

Pleading / Motion / Brief
50

Defendants' Reply in Support of their Motion to Dismiss

Feb. 10, 2017

Feb. 10, 2017

Pleading / Motion / Brief
56

Motion for Preliminary Injunction and Brief in Support

March 6, 2017

March 6, 2017

Pleading / Motion / Brief
58

Defendants' Opposition to Plaintiffs' Motion to Shorten Time

June 30, 2017

June 30, 2017

Pleading / Motion / Brief
60

Order

July 5, 2017

July 5, 2017

Order/Opinion
61

Order

July 18, 2017

July 18, 2017

Order/Opinion
63

Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction and Brief in Support

July 21, 2017

July 21, 2017

Pleading / Motion / Brief
66

Plaintiffs' Evidentiary Submissions in Support of Preliminary Injunction

July 24, 2017

July 24, 2017

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6128813/thompson-v-allen/

Last updated Oct. 19, 2025, 9:13 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against John H. Merrill, George Noblin, State of Alabama, Clifford Walker ( Filing fee $ 400.00 receipt number 4602042577.), filed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. (Attachments: # 1 Filing Fee Receipt)(dmn, ) (Entered: 09/28/2016)

1 Filing Fee Receipt

View on PACER

Sept. 26, 2016

Sept. 26, 2016

Clearinghouse
10

Corporate/Conflict Disclosure Statement by Melissa Swetnam. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
11

Corporate/Conflict Disclosure Statement by Mario Dion Yow. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
12

Corporate/Conflict Disclosure Statement by Jennifer Zimmer. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
13

Summons Issued as to John H. Merrill, George Noblin, State of Alabama, Clifford Walker and returned to counsel for personal service.(dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
14

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. State of Alabama served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
15

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. John H. Merrill served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
16

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. George Noblin served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
17

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. Clifford Walker served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
2

Corporate/Conflict Disclosure Statement by Laura Corley. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
3

Corporate/Conflict Disclosure Statement by Antwoine Giles. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
4

Corporate/Conflict Disclosure Statement by Greater Birmingham Ministries. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
5

Corporate/Conflict Disclosure Statement by Pamela King. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
6

Corporate/Conflict Disclosure Statement by Timothy Lanier. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
7

Corporate/Conflict Disclosure Statement by Larry Joe Newby. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
8

Corporate/Conflict Disclosure Statement by Anna Reynolds. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
9

Corporate/Conflict Disclosure Statement by Treva Thompson. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
18

Motion for Danielle Lang to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to include name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
19

Motion for J. Gerald Hebertto Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
20

Motion for JESSICA RING AMUNSON to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
21

Motion for Aderson B. Francois to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
22

Motion for Patrick Llewellyn to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
23

Motion for Armand Derfner to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

View on PACER

Sept. 29, 2016

Sept. 29, 2016

PACER
24

Pro Hac Vice Filing fee for Jessica Amunson received re 20 Motion: $ 50.00, receipt number 4602042601. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
25

Pro Hac Vice Filing fees received for Danielle Lang and Joseph Hebert re Motions (Doc. Nos. 18 and 19 ): $ 100.00, receipt number 4602042600. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
26

Pro Hac Vice Filing fee received for Armand Derfner re 23 Motion: $ 50.00, receipt number 4602042602. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
27

TEXT ORDER granting 18 Motion for Danielle Lang to Appear Pro Hac Vice; granting 19 Motion for J. Gerald Hebertto to Appear Pro Hac Vice; granting 20 Motion for Jessica Ring Amunson to Appear Pro Hac Vice; granting 23 Motion for Armand Derfner to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 10/7/2016. (dmn, ) (NO PDF) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Oct. 7, 2016

Oct. 7, 2016

PACER
28

Pro Hac Vice Filing fee for Aderson B. Francois re 21 Motion: $ 50.00, receipt number 4602042735. (dmn, ) (Entered: 10/12/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
29

Pro Hac Vice Filing fee received for Patrick D. Llewellyn re 22 Motion: $ 50.00, receipt number 4602042736. (dmn, ) (Entered: 10/12/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
30

TEXT ORDER granting 21 Motion for Aderson B. Francois to Appear Pro Hac Vice; and granting 22 Motion for Patrick Llewellyn to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 10/12/2016. (dmn, ) (NO PDF) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
31

NOTICE of Appearance by Andrew L Brasher on behalf of All Defendants (Brasher, Andrew) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
32

NOTICE of Appearance by James William Davis on behalf of All Defendants (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
33

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of All Defendants (Messick, Misty) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
34

Corporate/Conflict Disclosure Statement by State of Alabama. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
35

Corporate/Conflict Disclosure Statement by John H. Merrill. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
36

Corporate/Conflict Disclosure Statement by George Noblin. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
37

Corporate/Conflict Disclosure Statement by Clifford Walker. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
38

MOTION for Extension of Time to File Answer by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Brasher, Andrew) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Oct. 12, 2016

Oct. 12, 2016

PACER
39

TEXT ORDER: It is ORDERED that the 38 Motion for Extension of Time to Answer is granted to and including 11/16/2016. Answer due from John H. Merrill, George Noblin, State of Alabama, and Clifford Walker on 11/16/2016. Signed by Chief Judge William Keith Watkins on 10/13/2016. (dmn, ) (NO PDF) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER

Order on Motion for Extension of Time to Answer

Oct. 13, 2016

Oct. 13, 2016

PACER

Mail Returned as Undeliverable. 27 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text Order re-mailed 10/21/2016 to updated address. (dmn, ) (NO PDF)

Oct. 20, 2016

Oct. 20, 2016

PACER

Mail Returned as Undeliverable. 30 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text order re-mailed 10/25/2016 to updated address as noted on docket. (dmn, ) (NO PDF)

Oct. 24, 2016

Oct. 24, 2016

PACER

Mail Returned as Undeliverable. 39 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text order re-mailed 10/31/2016 to updated address as noted on docket. (dmn, ) (NO PDF)

Oct. 28, 2016

Oct. 28, 2016

PACER
40

Motion for Pamela S. Karlan to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 11/4/2016 to add attorney name requesting appearance. (dmn, ) (Entered: 11/01/2016)

1 Exhibit 1

View on PACER

Nov. 1, 2016

Nov. 1, 2016

PACER
41

Pro Hac Vice Filing fee for Pamela Karlan received re 40 Motion: $ 50.00, receipt number 4602042962 (dmn, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
42

TEXT ORDER: It is ORDERED that the 40 Motion for Pamela S. Karlan to Appear Pro Hac Vice is granted. Signed by Chief Judge William Keith Watkins on 11/4/2016. (dmn, ) (NO PDF) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 4, 2016

Nov. 4, 2016

PACER
43

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Brasher, Andrew) (Entered: 11/16/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

Nov. 16, 2016

Nov. 16, 2016

PACER

BRIEF/MEMORANDUM in Support of 43 Motion to Dismiss filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (dmn, ) (NO PDF, see Doc. 43 for pdf.)

Nov. 16, 2016

Nov. 16, 2016

PACER
44

BRIEFING ORDER setting out briefing schedule on dispositive motions as further set out in the order. It is ORDERED that the 43 Motion to Dismiss be submitted without oral argument on 12/15/2016. It is further ORDERED that the plaintiffs file a response, which shall include a brief, on or before 12/8/2016. The defendants may file a reply brief on or before 12/15/2016. Signed by Chief Judge William Keith Watkins on 11/17/2016. (dmn, ) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
45

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Blacksher, James) Modified on 11/28/2016 to reflect the motion is unopposed. (dmn, ) (Additional attachment(s) added on 11/28/2016: # 1 Correct Certificate of Service) (dmn, ). (Entered: 11/21/2016)

1 Correct Certificate of Service

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Nov. 21, 2016

Nov. 21, 2016

PACER
46

[VACATED PURSUANT TO COURT 47 ORDER.] TEXT ORDER: Upon consideration of the 45 Unopposed Motion for Extension of Time to File Response to the 43 Motion to Dismiss, it is ORDERED that the motion is GRANTED, and the deadline to file a response is extended to and including 1/27/2017. Signed by Chief Judge William Keith Watkins on 11/28/2016. (dmn, ) (NO PDF) Modified on 11/30/2016 (dmn, ). (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 28, 2016

Nov. 28, 2016

PACER
47

ORDER: The order entered on 11/28/2016 is VACATED. It is further ORDERED that Plaintiffs' 45 Unopposed Motion for Extension of Time is GRANTED. Plaintiffs' deadline to file a response to Defendants' 43 Motion to Dismiss is EXTENDED to and including 1/13/2017, and Defendants' deadline to file a reply brief is EXTENDED to and including 1/27/2017. Signed by Chief Judge William Keith Watkins on 11/30/2016. (dmn, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
48

RESPONSE in Opposition re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit Exhibit 1 - Gooden v. Worley)(Lang, Danielle) (Entered: 01/13/2017)

1 Exhibit Exhibit 1 - Gooden v. Worley

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Jan. 13, 2017

Jan. 13, 2017

PACER

BRIEF/MEMORANDUM in Support of 48 Opposition to 43 Motion, filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (dmn, ) (NO PDF, see Doc. 48 for pdf.)

Jan. 13, 2017

Jan. 13, 2017

PACER
49

MOTION for Extension of Time to File Response/Reply as to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Brasher, Andrew) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
50

REPLY in Support of 43 Motion to Dismiss for Failure to State a Claim and Brief in Support filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit 1)(Brasher, Andrew) Modified on 2/13/2017 to clean up text. (dmn, ) (Entered: 02/10/2017)

1 Exhibit 1

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Feb. 10, 2017

Feb. 10, 2017

PACER
51

TEXT ORDER granting 49 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge William Keith Watkins on 2/28/2017. (dmn, ) (NO PDF) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 28, 2017

Feb. 28, 2017

PACER
52

MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit 1 - Plaintiffs First Requests for Production, # 2 Exhibit 2 - Deposition Notice 30(b)(6) Office of the Secretary of State, # 3 Exhibit 3 - Deposition Notice 30(b)(6) Board of Pardons and Paroles, # 4 Exhibit 4 - Deposition Notice 30(b)(6) Association of the Boards of Registrars)(Davis, James) (Entered: 04/17/2017)

1 Exhibit 1 - Plaintiffs First Requests for Production

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2 Exhibit 2 - Deposition Notice 30(b)(6) Office of the Secretary of State

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3 Exhibit 3 - Deposition Notice 30(b)(6) Board of Pardons and Paroles

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4 Exhibit 4 - Deposition Notice 30(b)(6) Association of the Boards of Registrars

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April 17, 2017

April 17, 2017

PACER
53

[VACATED PURSUANT TO COURT 81 ORDER.] ORDER: Upon consideration of Defendants 52 Opposed Motion to Stay Discovery and Extend Rule 26(f) Deadlines, it is ORDERED that the motion is GRANTED. All discovery obligations and Rule 26(f) deadlines are STAYED until further order of the court. Signed by Chief Judge William Keith Watkins on 4/20/2017. (dmn, ) Modified on 12/26/2017 (dmn, ). (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
54

MOTION for Patrick Llewellyn to Withdraw as Attorney for Plaintiffs and Plaintiff Class by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Llewellyn, Patrick) Modified on 6/14/2017 to include name of attorney requesting withdrawal. (dmn, ) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
55

TEXT ORDER granting 54 Motion for Patrick Llewellyn to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 6/13/17. (NO PDF document attached to this notice). (djy, ) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER

Order on Motion to Withdraw as Attorney

June 13, 2017

June 13, 2017

PACER

*** Attorney Patrick D Llewellyn terminated pursuant to Court 55 Text Order. (dmn, )

June 13, 2017

June 13, 2017

PACER
56

MOTION for Preliminary Injunction by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit Exhibits A-G)(Lang, Danielle) (Entered: 06/30/2017)

1 Exhibit Exhibits A-G

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June 30, 2017

June 30, 2017

RECAP
57

MOTION To Shorten Time for Plaintifs' 56 MOTION for Preliminary Injunction by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) Modified on 7/3/2017 to clean up text. (dmn, ) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
58

RESPONSE in Opposition re 57 MOTION To Shorten Time for Plaintifs' Motion for Preliminary Injunction re 56 MOTION for Preliminary Injunction filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A - Handbook, # 2 Exhibit B - Website, # 3 Exhibit C - Agenda)(Brasher, Andrew) (Entered: 06/30/2017)

1 Exhibit A - Handbook

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2 Exhibit B - Website

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3 Exhibit C - Agenda

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June 30, 2017

June 30, 2017

PACER

BRIEF in Support of 56 MOTION for Preliminary Injunction filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (dmn, ) (NO PDF, see Doc. 56 for pdf.)

June 30, 2017

June 30, 2017

PACER
59

REPLY to Response to Motion re 57 MOTION To Shorten Time for Plaintifs' Motion for Preliminary Injunction re 56 MOTION for Preliminary Injunction filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
60

ORDER: Before the court are Plaintiffs' 56 Motion for Preliminary Injunction and 57 Motion to Expedite Briefing and a Hearing on the Motion for Preliminary Injunction. This Order sets the schedule for the submission of the preliminary injunction motion as further set out in the order. Based upon careful consideration of the full panoply of arguments as to the time frame for addressing the motion for preliminary injunction, it is ORDERED that Plaintiff's 57 Motion to Shorten the Time on the Preliminary Injunction Motion is GRANTED to the following extent: (1) Defendants shall file a response to Plaintiffs' 56 Motion for Preliminary Injunction on or before 7/21/2017; and (2) A hearing on the Motion for Preliminary Injunction is set for 7/25/2017 at 2:30 PM in CR 2B in Montgomery, AL before Chief Judge William Keith Watkins. It is further ORDERED that, on or before 7/21/2017, Defendants shall disclose to counsel for Plaintiffs a list of all voter applicants previously purged or denied based on convictions for the last two years, see 52 U.S.C. 20507(i), or SHOW CAUSE on or before 7/13/2017, why they should not be required to do so. Signed by Chief Judge William Keith Watkins on 7/5/2017. Copies furnished to calendar group, AR. (dmn, ) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
61

ORDER: The 60 Order directing Defendants to file a response to Plaintiffs' motion for preliminary injunction on or before 7/21/2017, is AMENDED as follows: Defendants shall file a response to Plaintiffs' 56 Motion for Preliminary Injunction on or before 7/21/2017, at 3:00 p.m. Additionally, two duplicate sets of courtesy copies shall be delivered to chambers on on before 7/21/2017, at 4:00 p.m. The courtesy copies should comply with the requirements set out in 11/17/2016 Order (Doc. 44 ), with the exception that Defendants are excused from the requirements that the courtesy copies should include the CM/ECF header. The courtesy copies do not have to be printed after filing in CM/ECF. Signed by Chief Judge William Keith Watkins on 7/18/2017. (dmn, ) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
62

NOTICE of Appearance by Mary Mangan on behalf of John H. Merrill, George Noblin, State of Alabama, Clifford Walker (Mangan, Mary) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
63

BRIEF/MEMORANDUM in Opposition re 56 MOTION for Preliminary Injunction filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A-Declaration of Edward Packard, # 2 Exhibit B-Declaration of Clay Helms, # 3 Exhibit C-Declaration of Brent Beal, # 4 Exhibit D-Declaration of Phil Bryant, # 5 Exhibit E-Declaration of George Noblin, # 6 Exhibit F-Declaration of Angelique Pugh, # 7 Exhibit F(12) (CD-being filed conventionally, see Doc. 65 ), # 8 Exhibit G-Declaration of James Donald Milligan)(Brasher, Andrew) Modified on 7/25/2017 to create link to Doc. 65, Exhibit F (Attachment No. 12), CD filed conventionally. (dmn, ) (Entered: 07/21/2017)

1 Exhibit A-Declaration of Edward Packard

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2 Exhibit B-Declaration of Clay Helms

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3 Exhibit C-Declaration of Brent Beal

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4 Exhibit D-Declaration of Phil Bryant

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5 Exhibit E-Declaration of George Noblin

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6 Exhibit F-Declaration of Angelique Pugh

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7 Exhibit F(12) (CD-being filed conventionally)

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8 Exhibit G-Declaration of James Donald Milligan

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July 21, 2017

July 21, 2017

PACER
64

NOTICE by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer re 56 MOTION for Preliminary Injunction (Lang, Danielle) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
65

NOTICE OF CONVENTIONAL FILING (EXHIBIT F (Attachment No. 12) on CD) to Defendant's 63 Opposition to Plaintiffs' 56 Motion for Preliminary Injunction, by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (CD placed in small envelope attached to this document; placed in file in Clerk's office.) (dmn, ) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
66

Evidentiary Submission re 56 MOTION for Preliminary Injunction Hearing on 7/25/2017 filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(McGuire, Joseph) (Entered: 07/24/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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July 24, 2017

July 24, 2017

PACER
67

MOTION to Strike 66 Evidentiary Submission,, by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Mangan, Mary) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
68

ORDER: An on-the-record hearing on Plaintiffs' 56 Motion for Preliminary Injunction is set for 7/25/2017 at 02:30 PM in CR 2B in Montgomery, AL before Chief Judge William Keith Watkins. It is ORDERED that all attorneys of record who are appearing for the hearing today shall confer with the court, off the record, at 2:15 PM, in CR 2A of the Frank M. Johnson, Jr. U. S. Courthouse. Signed by Chief Judge William Keith Watkins on 7/25/2017. Copies furnished to calendar group, AR. (dmn, ) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
69

Minute Entry for proceedings held before Chief Judge William Keith Watkins: Motion Hearing held on 7/25/2017 re 67 MOTION to Strike 66 Evidentiary Submission filed by State of Alabama, Clifford Walker, John H. Merrill, George Noblin, 56 MOTION for Preliminary Injunction filed by Melissa Swetnam, Anna Reynolds, Pamela King, Timothy Lanier, Antwoine Giles, Larry Joe Newby, Jennifer Zimmer, Treva Thompson, Laura Corley, Greater Birmingham Ministries, Mario Dion Yow (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 07/26/2017)

July 25, 2017

July 25, 2017

PACER
70

NOTICE by John H. Merrill, George Noblin, State of Alabama, Clifford Walker (Notice of Supplemental Information) (Attachments: # 1 Exhibit A - Second Declaration of Edward Packard)(Mangan, Mary) (Entered: 07/28/2017)

1 Exhibit A - Second Declaration of Edward Packard

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July 28, 2017

July 28, 2017

PACER
71

NOTICE by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer re 70 Notice (Other) (Response to Notice of Supplemental Information) (Lang, Danielle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
72

MEMORANDUM OPINION AND ORDER: Accordingly, based upon careful consideration of Plaintiffs motion for preliminary injunction, Defendants opposition, the evidentiary hearing, and the oral arguments, and the record, it is ORDERED that the motion (Doc. 56 ) is DENIED as further set out in the opinion and order. Signed by Chief Judge William Keith Watkins on 7/28/2017. (dmn, )

July 28, 2017

July 28, 2017

RECAP
73

MOTION to Withdraw as Attorney Mary Mangan by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Mangan, Mary) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
74

TEXT ORDER granting 73 Motion for Mary Mangan to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 8/11/2017. (dmn, ) (NO PDF) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER

Order on Motion to Withdraw as Attorney

Aug. 11, 2017

Aug. 11, 2017

PACER

*** Attorney Mary Mangan terminated pursuant to Text Order (Doc. #74). (dmn, )

Aug. 11, 2017

Aug. 11, 2017

PACER
75

ORDER: It is ORDERED that Defendants Motion to Dismiss (Doc. 43 ), filed pursuant to Federal Rule of Civil Procedure 12(b)(6), is GRANTED in part and DENIED in part, with a memorandum opinion to follow at a later date.The time for Defendants to file a responsive pleading, as set out in Federal Rule of Civil Procedure 12(a)(4), is STAYED until the entry of the memorandum opinion. Signed by Chief Judge William Keith Watkins on 9/28/2017. (dmn, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

RECAP
76

MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
77

RESPONSE in Opposition re 76 MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Davis, James) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
78

REPLY to Response to Motion re 76 MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
79

TEXT ORDER: It is ORDERED that Defendants' 67 Motion to Strike Plaintiffs' Evidentiary Submissions is GRANTED in part and |DENIED in part in accordance with the rulings made in open court on 7/25/2107. Signed by Chief Judge William Keith Watkins on 10/19/2017. (dmn, ) (NO PDF) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Order on Motion to Strike

Oct. 19, 2017

Oct. 19, 2017

PACER
80

MEMORANDUM OPINION AND ORDER: To summarize the more-than-nine-thousand words preceding this section in a single thirty-six-word sentence: Plaintiffs challenge to Alabamas constitutional and statutory scheme for the disenfranchisement and re-enfra nchisement of individuals convicted of crimes of moral turpitude will proceed, but only on a third of the counts in Plaintiffs fifteen-count complaint. Consistent with the reasoning of this opinion, it is ORDERED as follows: (1) Counts 3, 4, 5, 14, and 15 are DISMISSED with prejudice for failure to state a claim upon which relief can be granted; and (2) Counts 6, 7, 8, 9, and 10 are DISMISSED without prejudice for lack of subject-matter jurisdiction. This action proceeds as to five counts: Pla intiffs claims that section 177(b) of the Alabama Constitution is racially discriminatory in violation of the Fourteenth Amendments Equal Protection Clause and the Fifteenth Amendment (Counts 1 and 2); Plaintiffs claim that section 177(b) is an ex post facto law that retroactively punishes citizens (Count 11); Plaintiffs claim that section 177(b) violates the Eighth Amendments proscription against cruel and unusual punishment (Count 12); and Plaintiffs claim that section 15-22-36.1(a)(3) of the Alabama Code violates the Fourteenth Amendments Equal Protection Clause (Count 13). Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, )

Dec. 26, 2017

Dec. 26, 2017

RECAP
81

ORDER: Upon consideration of Plaintiffs Motion to Lift Stay on Discovery Obligations (Doc. 76 ), it is ORDERED that the motion is GRANTED. Accordingly, the Order (Doc. 53 ) staying all discovery obligations and Rule 26(f) deadlines is VACATED. Defendants are DIRECTED to file their responsive pleading on or before 1/12/2018. Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, ) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
82

RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 1/19/2018. Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, ) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
83

NOTICE of Appearance by Laura Elizabeth Howell on behalf of All Defendants (Howell, Laura) (Main Document 83 replaced on 1/4/2018 with properly formatted pdf only, no text modified.) (dmn, ). Modified on 1/4/2018. (dmn, ) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 26, 2016

Closing Date: May 25, 2023

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Class action group of voters with felony convictions in Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Alabama (Montgomery, Montgomery), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process

Ex Post Facto

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 289.50

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Voter qualifications

Voter registration rules

Voting: General & Misc.

Voting: Physical/Effective Access