Case: Smith v. The State of Alabama Board of Pardons and Paroles

1:15-cv-00625 | U.S. District Court for the Southern District of Alabama

Filed Date: Dec. 11, 2015

Closed Date: April 26, 2018

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Case Summary

On December 11, 2015, a pro se individual filed suit against the Alabama Board of Pardons and Paroles, alleging that it discriminated against him due to his race and denied restoration of his voting rights. The lawsuit was filed in the Southern District of Alabama and assigned to Judge William H. Steele. The pro se plaintiff originally sued the Alabama Board of Pardons and Paroles under the Voting Rights Act of 1965, the 14th Amendment and the 15th Amendment. The plaintiff sought to have his voting rights restored and sought a pardon from the state. He claimed that he was eligible to have his voting rights restored following a conviction, but was denied via a letter that noted he had an outstanding balance owed to the state, when he did not have any payments outstanding. He alleged that the letter indicating the outstanding balance was sent to bar him from voting due to his race.

The magistrate originally issued a report and recommendation that the case be dismissed as the pro se plaintiff did not pay any filing fees. The pro se plaintiff later amended his complaint in May 2016 and paid the relevant fees. In his amended complaint, the pro se plaintiff changed the defendant to an employee of the Alabama Board of Pardons and Paroles in her personal capacity. Following the filing of the amended complaint, the report and recommendation by the magistrate was not adopted.

On December 21, 2017, he defendant employee of the Board of Pardons and Paroles filed a motion to dismiss on the basis of frivolity and claimed immunity under 11th amendment.

On January 25, 2018, The Court held that the 11th amendment does not preclude suits against state officials in their official capacities for constitutional violations. The court held that the equal protection claim was not frivolous and held that the Alabama statute frames the restoration of voting rights in mandatory, not discretionary, terms.

The plaintiff filed for summary judgment in March 2018, which was denied because he failed to show intentional discrimination as he bears the burden of proof of proving not only that he satisfied Alabama’s statutory eligibility criteria for restoration of his voting rights, but also that Lewis’s denial of that application violated equal protection and that she intentionally discriminated against him on the basis of race.

The state employee then filed a motion for dismissal on the basis that the lawsuit was now moot as the pro se plaintiff’s voting rights were restored during the period of the lawsuit and a pardon application was pending with the state. The Court granted the employee’s motion to dismiss on April 26, 2018.

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Summary Authors

(8/13/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6284692/parties/smith-v-lewis/

Judge(s)

Steele, William H. (Alabama)

Attorney for Plaintiff

Smith, Thaddeus D. (Alabama)

Attorney for Defendant

Blackburn, Kevin Wayne (Alabama)

Blackburn, Meridith Hamilton (Alabama)

Judge(s)

Steele, William H. (Alabama)

Attorney for Plaintiff

Smith, Thaddeus D. (Alabama)

Attorney for Defendant

Blackburn, Kevin Wayne (Alabama)

Blackburn, Meridith Hamilton (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:15-cv-00625	Complaint	Dec. 11, 2015	Dec. 11, 2015 Complaint
7 1:15-cv-00625	Report and Recommendation	April 22, 2016	April 22, 2016 Magistrate Report/Recommendation
9 1:15-cv-00625	Amend Complaint Smith v. Lewis, In her Official Capacity of the Pardon Unit with Board Of Pardons and Paroles	May 6, 2016	May 6, 2016 Complaint
10 1:15-cv-00625	Order not Adopting Report and Recommendation of Magistrate Judge and referring back to Magistrate Judge Smith v. Lewis, in her Official Capacity of the Pardon Unit with Board of Pardons and Paroles	May 12, 2016	May 12, 2016 Order/Opinion
12 1:15-cv-00625	Amended Complaint Smith v. Lewis, in her Official Capacity of the Pardon Unit with Board of Pardons and Paroles	Aug. 8, 2017	Aug. 8, 2017 Complaint
19 1:15-cv-00625	Defendant's Motion to Dismiss Smith v. Lewis, in her Official Capacity of the Pardon Unit with Board of Pardons and Paroles	Dec. 21, 2017	Dec. 21, 2017 Pleading / Motion / Brief
21 1:15-cv-00625	Order Denying Motion to Dismiss SMITH v. LEWIS, in her official capacity as a former employee of the Alabama Board of Pardons and Paroles	Jan. 25, 2018	Jan. 25, 2018 Order/Opinion 2018 WL 574937
24 1:15-cv-00625	Plaintiff's Motion for Summary Judgment	March 21, 2018	March 21, 2018 Pleading / Motion / Brief
25 1:15-cv-00625	Defendant's Motion to Dismiss as Moot	March 22, 2018	March 22, 2018 Pleading / Motion / Brief
26 1:15-cv-00625	Order Denying Plaintiff's Motion for Summary Judgment	March 23, 2018	March 23, 2018 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6284692/smith-v-lewis/

Last updated Sept. 23, 2025, 9:34 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against The State of Alabama Board of Pardons and Paroles, filed by Thaddeus D. Smith, Sr.; referred to Judge Cassady(PSU) (mab) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 RECAP
2	MOTION for Leave to Proceed in forma pauperis by Thaddeus D. Smith, Sr. Referred to Judge William E. Cassady(PSU) (mab) (Entered: 12/22/2015)	Dec. 21, 2015	Dec. 21, 2015 RECAP
3	MOTION for Leave to Proceed in forma pauperis by Thaddeus D. Smith, Sr. (Referred to Judge William E. Cassady(PSU) on 1/5/16). (tot) (Entered: 01/05/2016)	Dec. 30, 2015	Dec. 30, 2015 RECAP
4	ORDER, the undersigned finds that it is appropriate to DISQUALIFY himself from this action pursuant to 28 U.S.C. Section 455(a). Signed by Magistrate Judge William E. Cassady on 3/29/2016. (copy to pltf) (mab) (Entered: 03/30/2016)	March 29, 2016	March 29, 2016 RECAP
5	ORDER OF RECUSAL. Senior Judge Callie V. S. Granade recused. Signed by Senior Judge Callie V. S. Granade on 3/30/2016. (copy to pltf) (mab) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 RECAP
6	This action has been transferred from the docket of Senior Judge Callie V. S. Granade and is now assigned to the docket of Chief Judge William H. Steele. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-B after the case number on all future pleadings. (copy to pltf) (mab) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
	MOTIONS REFERRED: 3 MOTION for Leave to Proceed in forma pauperis, 2 MOTION for Leave to Proceed in forma pauperis Referred to Judge Sonja F. Bivins. (mbp)	April 1, 2016	April 1, 2016 PACER
7	REPORT AND RECOMMENDATIONS re 3 MOTION for Leave to Proceed in forma pauperis filed by Thaddeus D. Smith, Sr., 1 Complaint and 2 MOTION for Leave to Proceed in forma pauperis. Objections to R&R due by 5/6/2016. Signed by Magistrate Judge Sonja F. Bivins on 4/22/2016. Copy mailed to plaintiff at address on file. (mbp) (Entered: 04/22/2016)	April 22, 2016	April 22, 2016 RECAP
8	RESPONSE in Opposition re 7 REPORT AND RECOMMENDATIONS re 3 MOTION for Leave to Proceed in forma pauperis filed by Thaddeus D. Smith, Sr., 1 Complaint filed by Thaddeus D. Smith, Sr., 2 MOTION for Leave to Proceed in forma pauperis filed by Thaddeus D. Smith, Sr. Response filed by Thaddeus D. Smith, Sr. (Smith, Thaddeus) (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 PACER
9	Amended Complaint by Thaddeus D. Smith, Sr. (Smith, Thaddeus) Modified on 5/10/2016 (tgw). (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 RECAP
	REFERRAL OF 8 Response in Opposition to Motion, to Judge Steele. (mbp)	May 9, 2016	May 9, 2016 PACER
	REFERRAL OF 9 Amended Complaint to Judge Steele. (tgw)	May 10, 2016	May 10, 2016 PACER
10	ORDER re: 7 Report and Recommendation. In the Amended Complaint (Doc. 9), Smith appears to have corrected the pleading deficiencies referenced in the R&R. The R&R will not be adopted at this time. This matter is referred to Magistrate Judge Bivins for appropriate action. Signed by Chief Judge William H. Steele on 5/12/2016. Copy mailed to Plaintiff. (tgw) (Entered: 05/12/2016)	May 12, 2016	May 12, 2016 RECAP
	REFERRAL OF 9 Amended Complaint & 10 Order on Report and Recommendations to Judge Bivins. (tgw)	May 12, 2016	May 12, 2016 PACER
11	Order directing Plaintiff by 8/4/2017 to provide an address for the defendant and to personally sign his amended complaint. Signed by Magistrate Judge Sonja F. Bivins on 7/18/2017. Copy mailed to Plaintiff. (tgw) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER
12	AMENDED COMPLAINT against Demetria Lewis filed by Thaddeus D. Smith, Sr. (Signed copy with defendant's address as ordered) (tgw) (Entered: 08/08/2017)	Aug. 4, 2017	Aug. 4, 2017 RECAP
13	ORDER granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to serve the defendant with a summons. Signed by Magistrate Judge Sonja F. Bivins on 8/8/2017. Copy mailed to Plaintiff. (tgw) (Entered: 08/09/2017)	Aug. 8, 2017	Aug. 8, 2017 RECAP
	REFERRAL OF 12 Amended Complaint to Judge Bivins. (tgw)	Aug. 8, 2017	Aug. 8, 2017 PACER
14	Summons Issued with Amended Complaint (doc. 12) as to Demetria Lewis (Attachments: # 1 Certified Mail Receipt) (tgw) (Entered: 08/10/2017)	Aug. 10, 2017	Aug. 10, 2017 PACER
15	Return of Service Executed (Green Card not returned to the Clerk's Office. The U.S. Post Office website's Proof of Service is attached. Demetria Lewis served on 8/14/2017, answer due 9/5/2017. (tgw) (Entered: 11/20/2017)	Nov. 17, 2017	Nov. 17, 2017 PACER
16	ORDER TO SHOW CAUSE directing Defendant by 12/1/2017 to show cause for noncompliance with Rule 12. Signed by District Judge William H. Steele on 11/20/2017. Copy mailed to Plaintiff & Defendant, Demetria Lewis. (tgw) (Entered: 11/20/2017)	Nov. 20, 2017	Nov. 20, 2017 PACER
17	RESPONSE TO ORDER TO SHOW CAUSE re: 16 Order to Show Cause and Motion for Extension of Time to File Answer filed by Demetria Lewis. (Barnes, Meridith) (Entered: 11/30/2017)	Nov. 30, 2017	Nov. 30, 2017 PACER
18	Order granting the motion for extension of time (Doc. 17). Answer due from Demetria Lewis on 12/21/2017. Signed by District Judge William H. Steele on 12/1/2017. Copy mailed to Plaintiff. (tgw) (Entered: 12/01/2017)	Dec. 1, 2017	Dec. 1, 2017 PACER
	REFERRAL OF 17 Response to Order to Show Cause to Judge Steele. (tgw)	Dec. 1, 2017	Dec. 1, 2017 PACER
19	MOTION to Dismiss Case as Frivolous Pursuant to Rule 12(b)(6) by Demetria Lewis. (Barnes, Meridith) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 RECAP
	MOTIONS REFERRED: 19 MOTION to Dismiss Case as Frivolous Pursuant to Rule 12(b)(6) to Judge Steele. (nah)	Dec. 22, 2017	Dec. 22, 2017 PACER
20	Order re: 19 MOTION to Dismiss Case as Frivolous Pursuant to Rule 12(b)(6) filed by Demetria Lewis. Responses due by 1/10/2018, Replies due by 1/17/2018. Signed by District Judge William H. Steele on 12/27/2017. Copy mailed to Plaintiff. (tgw) (Entered: 12/27/2017)	Dec. 27, 2017	Dec. 27, 2017 PACER
21	Order denying 19 MOTION to Dismiss. Answer due from Demetria Lewis on 2/8/2018. Signed by District Judge William H. Steele on 1/25/2018. Copy mailed to Plaintiff. (tgw)	Jan. 25, 2018	Jan. 25, 2018 Clearinghouse
22	ANSWER to 12 Amended Complaint by Demetria Lewis. (Attachments: # 1 Exhibit A) (Barnes, Meridith) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
23	PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 3/26/2018. Signed by Magistrate Judge Sonja F. Bivins on 2/9/2018. (Attachments: # 1 Consent Form) - Copy mailed to Plaintiff. (tgw) (Entered: 02/09/2018)	Feb. 9, 2018	Feb. 9, 2018 PACER
24	MOTION for Summary Judgment by Thaddeus D. Smith, Sr. - Ref to Judge Steele (tgw) (Entered: 03/21/2018)	March 21, 2018	March 21, 2018 RECAP
25	MOTION to Dismiss as Moot by Demetria Lewis. (Attachments: # 1 Exhibit A) (Barnes, Meridith) (Entered: 03/22/2018) 1 Exhibit A View on RECAP	March 22, 2018	March 22, 2018 RECAP
26	ORDER denying 24 Motion for Summary Judgment. Signed by District Judge William H. Steele on 3/23/2018. Copy mailed to Plaintiff. (tgw)	March 23, 2018	March 23, 2018 Clearinghouse
27	Order re: 25 MOTION to Dismiss as Moot filed by Demetria Lewis. Responses due by 4/13/2018, Replies due by 4/20/2018. Signed by District Judge William H. Steele on 3/23/2018. Copy mailed to Plaintiff. (tgw) (Entered: 03/23/2018)	March 23, 2018	March 23, 2018 RECAP
	MOTIONS REFERRED: 25 MOTION to Dismiss as Moot referred to Judge Steele. (mbp)	March 23, 2018	March 23, 2018 PACER
28	REPORT of Rule 26(f) Planning Meeting . (Barnes, Meridith) (Entered: 03/26/2018)	March 26, 2018	March 26, 2018 PACER
	REFERRAL OF 28 Report of Rule 26(f) Planning Meeting to Judge Bivins. (mbp)	March 27, 2018	March 27, 2018 PACER
29	Order setting a Scheduling Conference for 4/20/2018 10:00 AM in US Courthouse, Courtroom 1A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 4/9/2018. Copy mailed to Plaintiff. (tgw) (Entered: 04/09/2018)	April 9, 2018	April 9, 2018 PACER
30	NOTICE of Appearance by Kevin Wayne Blackburn on behalf of Demetria Lewis (Blackburn, Kevin) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
31	Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Scheduling Conference held on 4/20/2018. Pro Se Pltf did not show in the courtroom. Order to follow. DCR Digital Audio Recording. (mpp) (Entered: 04/20/2018)	April 20, 2018	April 20, 2018 PACER
33	RESPONSE in Opposition to 25 MOTION to Dismiss as Moot filed by Thaddeus D. Smith, Sr. - Ref to Judge Steele (tgw) (Entered: 04/20/2018)	April 20, 2018	April 20, 2018 PACER
34	ORDER granting 25 Motion to Dismiss. This action is dismissed without prejudice. Signed by District Judge William H. Steele on 4/26/2018. Copy mailed to Plaintiff. (tgw)	April 26, 2018	April 26, 2018 Clearinghouse
35	JUDGMENT: It is ordered, adjudged and decreed that this action is dismissed without prejudice. Signed by District Judge William H. Steele on 4/26/2018. Copy mailed to Plaintiff. (tgw) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER