Case: Moore v. Gwathney

2:23-cv-00134 | U.S. District Court for the Middle District of Alabama

Filed Date: March 9, 2023

Case Ongoing

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Case Summary

On March 9, 2023, two individuals serving life with parole sentences for crimes committed as youth in Alabama brought this lawsuit against officials of the Alabama Board of Pardons and Parole [the "Board"] alleging that the state's parole processes and procedures violated the Eighth Amendment. Plaintiffs had originally been sentenced to life without parole, but, in the wake of the U.S. Supreme Court's holding in Miller v. Alabama that mandatory life without parole sentences imposed for crimes …

Plaintiffs had originally been sentenced to life without parole, but, in the wake of the U.S. Supreme Court's holding in Miller v. Alabama that mandatory life without parole sentences imposed for crimes committed under age 18 violated the Eighth Amendment, they were resentenced to life with parole. At the time of filing the lawsuit, they had served more than 36 and 32 years in prison, respectively, and alleged that they had turned their lives around and demonstrated growth and change. Represented by Juvenile Law Center and private counsel, they challenged state parole policies and procedures that, they argued, deprived them of the requisite opportunity to obtain release based on demonstrated maturity and rehabilitation required by the U.S. Supreme Court's jurisprudence.

Per the allegations in the complaint, one plaintiff had not received a single disciplinary write-up, completed more than 50 classes and programs, started a literacy program in the prison and taught classes, and worked in the prison electrical trade and taught others in the trade school. Nonetheless, he was denied parole after consideration that lasted approximately three minutes, without any opportunity to make an oral presentation, purportedly based on seriousness of the offense and negative input from the victims, even though the record did not contain any negative input from the victims. The other plaintiff had similarly not received a single disciplinary write-up in his more than 30 years of incarceration, had taken more than 60 classes including college courses, taught classes to other people at the prison, and had excelled in more than 24 years as assistant and clerk to the prison chaplain. He was similarly denied parole in a cursory hearing, that apparently lasted approximately 3-4 minutes, and for the same two reasons. Plaintiffs argued that the Board's parole policies and procedures failed to distinguish between juvenile and adult offenders, did not enable consideration of the mitigating factors of youth, failed to provide a meaningful opportunity to demonstrate maturity and rehabilitation, and did not offer the requisite meaningful opportunity for release. They also pointed to what they described as an effective moratorium on parole for people convicted of murder, citing a precipitous drop in grant rates in recent years. They asserted that these deficiencies violated the Eighth Amendment as well as the Due Process Clause of the Fourteenth Amendment. Plaintiffs sought an evidentiary hearing and, ultimately, a declaration that the governing parole statutes violated the U.S. Constitution on their face and as applied, an injunction against enforcement of those statutes, and an opportunity to obtain release in accordance with constitutional requirements. They also sought attorney's costs and fees.

The case was assigned to Judge Myron. H. Thompson. Defendants filed a motion to dismiss on May 3, 2023. The motion remains pending as of April 2024.

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Summary Authors

Tessa Bialek (5/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66978688/parties/moore-v-gwathney/

Judge(s)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Greene, Tiara (Alabama)

Keats, Andrew (Alabama)

Levick, Marsha L (Alabama)

Attorney for Defendant

Harris, Andrew Reid (Alabama)

Judge(s)

Thompson, Myron Herbert (Alabama)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Greene, Tiara (Alabama)

Keats, Andrew (Alabama)

Levick, Marsha L (Alabama)

Sherrod, Henry F. (Alabama)

Toll, Joshua Christopher (Alabama)

Attorney for Defendant

Harris, Andrew Reid (Alabama)

Mink, Richard Dwayde (Alabama)

Seiss, Benjamin Matthew (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:23-cv-00134	Complaint	March 9, 2023	March 9, 2023 Complaint

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Resources

Title	Description		External URL Date / External URL
Legal Docket: Moore v. Gwathney Juvenile Law Center	Juvenile Law Center joined attorney Rhonda Brownstein, Alabama based civil rights attorney Henry F. Sherrod III, and attorney Joshua Toll of law firm King & Spalding in filing a lawsuit in the U.S. D…	March 9, 2023	March 9, 2023 https://jlc.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/66978688/moore-v-gwathney/

Last updated Dec. 22, 2024, 5:28 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for declaratory and injunctive relief against Leigh Gwathney, Dwayne Spurlock, Darryl Littleton, Cam Ward ( Filing fee $ 402 receipt number AALMDC-3390664.), filed by Cayce Moore, Jimmy Click. 90 day Rule 4m deadline set for 6/7/2023. (Attachments: # 1 Civil Cover Sheet)(Sherrod, Henry) Modified on 3/10/2023 to reflect DFTs (bes, ). (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
2	Proposed Summons (Sherrod, Henry) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
3	Corporate/Conflict Disclosure Statement by Cayce Moore. (Sherrod, Henry) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
4	Corporate/Conflict Disclosure Statement by Jimmy Click. (Sherrod, Henry) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
5	Proposed Summons (Sherrod, Henry) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
6	Case assigned to Honorable Judge Myron H. Thompson as Presiding Judge and Honorable Judge Chad W. Bryan as Referral Judge. (bes, ) (Entered: 03/13/2023)	March 13, 2023	March 13, 2023 PACER
7	Summons Issued as to Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, ) (Entered: 03/13/2023)	March 13, 2023	March 13, 2023 PACER
8	Motion to Appear Pro Hac Vice for Attorney Marsha L. Levick ( Filing fee $ 75 receipt number AALMDC-3394188.) by Jimmy Click, Cayce Moore. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Levick, Marsha) Modified on 3/14/2023 to reflect requesting atty (bes, ). (Entered: 03/14/2023)	March 14, 2023	March 14, 2023 PACER
9	ORDER granting 8 Motion for Leave to Appear Pro Hac Vice for attorney Marsha L. Levick. Signed by Honorable Judge Myron H. Thompson on 3/14/2023. (bes, ) (Entered: 03/14/2023)	March 14, 2023	March 14, 2023 PACER
10	Return Receipt Card showing service of the Summons and 1 Complaint returned unsigned & undated for Leigh Gwathney, answer due by 4/12/2023 (Sherrod, Henry) Modified on 3/31/2023 to add answer due date and signature/date info (bes, ). (Entered: 03/31/2023)	March 31, 2023	March 31, 2023 PACER
	Set/Reset Deadlines	March 31, 2023	March 31, 2023 PACER
11	Return Receipt Card showing service of the Summons and 1 Complaint returned unsigned & undated for Darryl Littleton, answer due by 4/12/2023 (Sherrod, Henry) Modified on 3/31/2023 to add answer due date and signature/date info (bes, ). (Entered: 03/31/2023)	March 31, 2023	March 31, 2023 PACER
12	Return Receipt Card showing service of the Summons and 1 Complaint returned unsigned & undated for Cam Ward, answer due by 4/12/2023 (Sherrod, Henry) Modified on 3/31/2023 to add answer due date and signature/date info (bes, ). (Entered: 03/31/2023)	March 31, 2023	March 31, 2023 PACER
13	Return Receipt Card showing service of the Summons and 1 Complaint returned unsigned & undated for Dwayne Spurlock, answer due by 4/12/2023 (Sherrod, Henry) Modified on 3/31/2023 to add answer due date and signature/date info (bes, ). (Entered: 03/31/2023)	March 31, 2023	March 31, 2023 PACER
	Set Answer Deadlines: Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward answer due on or before 4/12/2023. (No PDF attached to this entry) (bes, )	March 31, 2023	March 31, 2023 PACER
14	Unopposied MOTION to Continue Responsive Pleading Deadline by Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward. (Harris, Andrew) Modified on 4/4/2023 to clarify text and correct event type (bes, ). (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
15	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward; Corporate Disclosures due by 4/14/2023. (Attachments: # 1 Standing Order and Sample Format)(bes, ) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
16	Corporate/Conflict Disclosure Statement by Cam Ward re 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Harris, Andrew) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
17	Corporate/Conflict Disclosure Statement by Dwayne Spurlock re 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Harris, Andrew) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
18	Corporate/Conflict Disclosure Statement by Darryl Littleton re 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Harris, Andrew) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
19	Corporate/Conflict Disclosure Statement by Leigh Gwathney re 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Harris, Andrew) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
20	TEXT ORDER granting 14 Motion for Extension of Time to Answer; The deadline for DFTs to file their answer is extended to on or before 5/3/2023. Signed by Honorable Judge Myron H. Thompson on 4/5/2023. (No PDF attached to this entry) (bes, ) (Entered: 04/05/2023)	April 5, 2023	April 5, 2023 PACER
	Order on Motion for Extension of Time to Answer	April 5, 2023	April 5, 2023 PACER
21	NOTICE of Appearance by Benjamin Matthew Seiss on behalf of Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward (Seiss, Benjamin) (Entered: 04/05/2023)	April 5, 2023	April 5, 2023 PACER
22	Motion to Appear Pro Hac Vice for Attorney Andrew R. Keats (Receipt Number 1981, Filing fee $ 75.00) by Jimmy Click, Cayce Moore. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Receipt)(bes, ) (Entered: 04/12/2023)	April 12, 2023	April 12, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 12, 2023	April 12, 2023 PACER
23	TEXT ORDER granting 22 Motion for Leave to Appear Pro Hac Vice for Attorney Andrew R. Keats. Signed by Honorable Judge Myron H. Thompson on 4/12/2023. (No PDF attached to this entry) (bes, ) (Entered: 04/12/2023)	April 12, 2023	April 12, 2023 PACER
24	MOTION to Dismiss by Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward. (Seiss, Benjamin) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 PACER
25	ORDER: It is ORDERED that the 24 motion to dismiss is set for submission, without oral argument, on 6/6/2023, with any opposition brief due by 5/30/2023, and any reply to the opposition due by 6/6/2023. Signed by Honorable Judge Myron H. Thompson on 5/8/2023. (bes, ) (Entered: 05/08/2023)	May 8, 2023	May 8, 2023 PACER
26	MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss by Jimmy Click, Cayce Moore. (Brownstein, Rhonda) (Entered: 05/10/2023)	May 10, 2023	May 10, 2023 PACER
27	ORDER: It is ORDERED that plf's 26 unopposed motion for extension of time is granted, and the 24 motion to dismiss is re-set for submission, without oral argument, on 7/7/2023, with the opposition brief due by 6/29/2023, and the reply to the opposition due by 7/7/2023. Signed by Honorable Judge Myron H. Thompson on 5/10/2023. (bes, ) (Entered: 05/10/2023)	May 10, 2023	May 10, 2023 PACER
28	MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss by Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward. (Seiss, Benjamin) (Entered: 06/29/2023)	June 29, 2023	June 29, 2023 PACER
29	ORDER: It is ORDERED that dfts' 28 unopposed motion for extension of time to reply is granted, and the 24 motion to dismiss is re-set for submission, without oral argument, on 7/13/2023, with the opposition brief due by 6/29/2023, and the reply to the opposition due by 7/13/2023. Signed by Honorable Judge Myron H. Thompson on 6/29/2023. (bes, ) (Entered: 06/29/2023)	June 29, 2023	June 29, 2023 PACER
30	RESPONSE in Opposition re 24 MOTION to Dismiss filed by Jimmy Click, Cayce Moore. (Brownstein, Rhonda) (Additional attachment(s) added on 6/30/2023: # 1 Corrected Signature Page) (bes, ). (Entered: 06/29/2023)	June 29, 2023	June 29, 2023 PACER
	***PURSUANT TO THE 30 RESPONSE - Attorney Tiara Greene for Jimmy Click & Cayce Moore added. (No PDF attached to this entry) (bes, )	June 29, 2023	June 29, 2023 PACER
	Add and Terminate Attorneys	June 30, 2023	June 30, 2023 PACER
31	Motion for Admission Appear Pro Hac Vice of Tiara J. Green (Filing fee $75.) by Jimmy Click, Cayce Moore. (Attachments: # 1 Exhibit A, # 2 Receipt, # 3 Text of Proposed Order)(am, ) (Entered: 07/07/2023)	July 7, 2023	July 7, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	July 7, 2023	July 7, 2023 PACER
32	TEXT ORDER: GRANTING the 31 Motion for Admission Appear Pro Hac Vice of Tiara J. Green. Signed by Honorable Judge Myron H. Thompson on 7/7/2023. (NO PDF attached to this entry) (am, ) (Entered: 07/07/2023)	July 7, 2023	July 7, 2023 PACER
33	Motion for Pro Hac Vice Admission of Joshua C. Toll by Jimmy Click, Cayce Moore. (Filing fee $75.) (Attachments: # 1 Certificate of Good Standing, # 2 Receipt)(am, ) (Entered: 07/13/2023)	July 12, 2023	July 12, 2023 PACER
34	TEXT ORDER: GRANTING the 33 Motion for Pro Hac Vice Admission of Joshua C. Toll. Signed by Honorable Judge Myron H. Thompson on 7/13/2023. (NO PDF attached to this entry) (am, ) (Entered: 07/13/2023)	July 13, 2023	July 13, 2023 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	July 13, 2023	July 13, 2023 PACER
35	RESPONSE in Support re 24 MOTION to Dismiss filed by Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward. (Harris, Andrew) (Entered: 07/13/2023)	July 13, 2023	July 13, 2023 PACER
36	NOTICE of Appearance by Richard Dwayde Mink on behalf of Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward (Mink, Richard) (Entered: 07/25/2023)	July 25, 2023	July 25, 2023 PACER
37	MOTION for Andrew Reid Harris to Withdraw as Counsel by Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, Cam Ward. (Harris, Andrew) Modified on 7/26/2023 to add attorneys name (hrr, ). (Entered: 07/26/2023)	July 26, 2023	July 26, 2023 PACER
	Add and Terminate Attorneys	July 26, 2023	July 26, 2023 PACER
	Order on Motion to Withdraw as Attorney	July 26, 2023	July 26, 2023 PACER
38	TEXT ORDER: granting 37 MOTION for Andrew Reid Harris to Withdraw as Counsel. Signed by Honorable Judge Myron H. Thompson on 7/26/2023. (No PDF attached) (hrr, ) (Entered: 07/26/2023)	July 26, 2023	July 26, 2023 PACER
	*** PURSUANT TO THE COURT'S 38 ORDER - Attorney Andrew Reid Harris terminated for defendants Leigh Gwathney, Darryl Littleton, Dwayne Spurlock, and Cam Ward. (hrr, )	July 26, 2023	July 26, 2023 PACER