Case: Fitch v. Tyrrell County Board of Commissioners

2:24-cv-00026 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 21, 2024

Case Ongoing

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Case Summary

In this lawsuit, members of a North Carolina civic organization challenged the presence of a 120-year-old Confederate monument bearing the inscription "In Appreciation Of Our Faithful Slaves" that stands outside a courthouse. In 1902, Tyrrell County, North Carolina, unveiled a statue depicting a Confederate soldier bearing tribute to “The Confederate Cause.” The panel of the monument reads, “In Appreciation Of Our Faithful Slaves.” The monument sits outside the Tyrrell County Courthouse. On May…

In 1902, Tyrrell County, North Carolina, unveiled a statue depicting a Confederate soldier bearing tribute to “The Confederate Cause.” The panel of the monument reads, “In Appreciation Of Our Faithful Slaves.” The monument sits outside the Tyrrell County Courthouse. On May 21, 2024, the Concerned Citizens of Tyrrell County (the CCTC) filed this individual lawsuit against members of the Tyrrell County Board of Commissioners (the Board) in the United States District Court for the Eastern District of North Carolina, challenging the existence of the monument outside of the courthouse. The CCTC is a local civic organization based in Tyrrell County that aims to improve the quality of life of the people in the county, especially Black residents. The case was assigned to District Judge James C. Dever III, and Emancipate North Carolina, a local social justice-oriented legal services organization, represented the CCTC.

The CCTC alleged that the existence of the monument outside of the courthouse constituted racially-discriminatory government speech in violation of the Equal Protection Clause of the Fourteenth Amendment under 42 U.S.C. §1983. They argued that the monument, especially the “Faithful Slave” rhetoric, was racially hostile and discriminatory, making it seem like enslaved people chose to be enslaved, thus denying the horrors of slavery. They sought declaratory relief to prohibit the Board from expressing racially discriminatory messages on their courthouse grounds, along with injunctive relief through an order directing the Board to remove the monument from the courthouse grounds, attorneys’ fees, pre-judgment/post-judgment interest, and a jury trial.

On September 9, 2024, the Board filed a motion to dismiss for failure to state a claim. They alleged that the CCTC failed to allege the requisite discriminatory intent to support their Equal Protection Clause claim. The Board also made a legislative immunity argument, holding that a North Carolina monument preservation law precluded them from taking the monument down.

On September 25, 2024, the CCTC filed an amended complaint adding a second claim alleging that the Board violated their right to equal use of property under 42 U.S.C. §1982. Section 1982 provides that all citizens have the same right to hold real and personal property, regardless of skin color. They argued that this extended to the use of their property, specifically arguing that the monument interfered with their ability to use the courthouse on equal terms as white residents because the monument promoted a pro-slavery message that was discriminatory, stigmatizing, and demoralizing. The CCTC argued that the monument inhibited their ability to participate in civil life equally at the courthouse, from voting and filing important documents to serving jury duty and meeting with public employees.

On October 9, 2024, the Board filed a renewed motion to dismiss in response to the CCTC’s amended complaint. The Board reiterated that the CCTC failed to allege discriminatory intent as required to support the §1982 claim.

On May 7, 2025, the court denied the Board's motion to dismiss the original complaint as moot. However, the court granted the Board's motion to dismiss the §1982 claim, holding that the CCTC failed to plausibly allege that the Board impaired a personally held property interest. The court reasoned that the CCTC failed to show how the demoralizing elements of the engraving had more than a minimal effect on their hypothetical property interests. However, the court denied the Board’s motion to dismiss as to the §1983 claim, holding that the CCTC plausibly alleged that the “Faithful Slaves” engraving had a racially discriminatory impact on Black residents of Tyrrell County. 786 F.Supp.3d 932.

As of April 1, 2026, discovery continues on the §1983 claim, and the case is ongoing.

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Summary Authors

Ameya Kamani (4/1/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68550126/parties/fitch-v-tyrrell-county-board-of-commissioners/

Judge(s)

Dever, James C. (North Carolina)

Attorney for Plaintiff

Attorney for Defendant

Jensen, Marissa Kristine (North Carolina)

Mance, Ian A. (North Carolina)

Expert/Monitor/Master/Other

Bader, Steven Andrew (North Carolina)

Flanagan, Patrick H. (North Carolina)

Judge(s)

Dever, James C. (North Carolina)

Attorney for Plaintiff

Simpson, Elizabeth Guild (North Carolina)

Attorney for Defendant

Jensen, Marissa Kristine (North Carolina)

Mance, Ian A. (North Carolina)

Miller, Jaelyn Denise (North Carolina)

Other

Bader, Steven Andrew (North Carolina)

Flanagan, Patrick H. (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:24-cv-00026	Complaint Fitch et al. v. Everett et al.	May 21, 2024	May 21, 2024 Complaint
12 2:24-cv-00026	Motion to Dismiss Complaint	Sept. 9, 2024	Sept. 9, 2024 Pleading / Motion / Brief
19 2:24-cv-00026	First Amended Complaint (Jury Trial Demanded)	Sept. 25, 2024	Sept. 25, 2024 Complaint
20 2:24-cv-00026	Motion to Dismiss Amended Complaint	Oct. 9, 2024	Oct. 9, 2024 Pleading / Motion / Brief
26 2:24-cv-00026	Order	May 7, 2025	May 7, 2025 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68550126/fitch-v-tyrrell-county-board-of-commissioners/

Last updated April 14, 2026, 12:09 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ANCEDC-7616616.), filed by Sherryreed Robinson, Mark Mixon, Adriana Blakeman, Joyce Sykes Fitch, The Concerned Citizens of Tyrrell County. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Mance, Ian) (Entered: 05/21/2024) 1 Civil Cover Sheet Civil Cover Sheet View on PACER	May 21, 2024	May 21, 2024 Clearinghouse
2	Notice of Appearance filed by Jaelyn Denise Miller on behalf of All Plaintiffs. (Miller, Jaelyn) (Entered: 05/21/2024)	May 21, 2024	May 21, 2024 RECAP
3	Financial Disclosure Statement by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County (Mance, Ian) (Entered: 05/21/2024)	May 21, 2024	May 21, 2024 RECAP
	Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)	May 24, 2024	May 24, 2024
	Notice of Deficiency	May 24, 2024	May 24, 2024
	NOTICE OF DEFICIENCY regarding 1 Complaint. Counsel, Jaelyn D. Miller failed to sign or electronically sign the signature block pursuant to Section IV.D.1 of the CM/ECF Policies and Procedures Manual. Counsel is directed to refile the complaint using the same receipt number. (Rudd, D.)	May 24, 2024	May 24, 2024
	Notice to Counsel - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.)	May 24, 2024	May 24, 2024
	Notice to Counsel	May 24, 2024	May 24, 2024
	Notice to Counsel regarding: 3 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statement) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)	May 24, 2024	May 24, 2024
	Notice of Deficiency Failure to File Financial Disclosure	May 24, 2024	May 24, 2024
	NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Adriana Blakeman, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)	May 24, 2024	May 24, 2024
4	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number 793404.), filed by Sherryreed Robinson, Mark Mixon, Adriana Blakeman, Joyce Sykes Fitch, The Concerned Citizens of Tyrrell County. (Attachments: # 1 Civil Cover Sheet) (Miller, Jaelyn) (Entered: 06/06/2024)	June 6, 2024	June 6, 2024
5	Financial Disclosure Statement by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County (Miller, Jaelyn) (Entered: 06/06/2024)	June 6, 2024	June 6, 2024
6	Proposed Summonses by Sherryreed Robinson, Mark Mixon, Adriana Blakeman, Joyce Sykes Fitch, The Concerned Citizens of Tyrrell County as to All Defendants. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) (Miller, Jaelyn) Modified on 6/7/2024 - clarified docket text to correctly reflect document filed. (Sellers, N.) (Entered: 06/06/2024)	June 6, 2024	June 6, 2024
7	Summonses Issued as to Jordan Davis, Nathan Everett, Nina Griswell, Dorothy Spencer, Robert Thompson, Tyrrell County Board of Commissioners. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Sellers, N.) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
	Notice of Deficiency	June 7, 2024	June 7, 2024
	NOTICE OF DEFICIENCY regarding 5 Financial Disclosure Statement. A separate for should be filed on behalf of each plaintiff. Please re-file. (Sellers, N.)	June 7, 2024	June 7, 2024
8	Financial Disclosure Statement by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County (Attachments: # 1 Financial Disclosure Statement, # 2 Financial Disclosure Statement, # 3 Financial Disclosure Statement, # 4 Financial Disclosure Statement) (Miller, Jaelyn) (Entered: 06/10/2024)	June 10, 2024	June 10, 2024
	Case Selected for Mediation	June 10, 2024	June 10, 2024
	Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie)	June 10, 2024	June 10, 2024
9	Waiver of Service Returned Executed filed by Sherryreed Robinson, Mark Mixon, Adriana Blakeman, Joyce Sykes Fitch, The Concerned Citizens of Tyrrell County. All Defendants. (Attachments: # 1 Waiver of Service, # 2 Waiver of Service, # 3 Waiver of Service, # 4 Waiver of Service, # 5 Waiver of Service) (Miller, Jaelyn) (Entered: 07/15/2024)	July 15, 2024	July 15, 2024
10	Notice of Appearance filed by Patrick H. Flanagan on behalf of Jordan Davis, Nathan Everett, Nina Griswell, Dorothy Spencer, Robert Thompson, Tyrrell County Board of Commissioners. (Flanagan, Patrick) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
11	Notice of Appearance filed by Steven Andrew Bader on behalf of All Defendants. (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
12	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jordan Davis, Nathan Everett, Nina Griswell, Dorothy Spencer, Robert Thompson, Tyrrell County Board of Commissioners. (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024 Clearinghouse
13	Memorandum in Support regarding 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jordan Davis, Nathan Everett, Nina Griswell, Dorothy Spencer, Robert Thompson, Tyrrell County Board of Commissioners. (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
14	Financial Disclosure Statement by Jordan Davis (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
15	Financial Disclosure Statement by Nathan Everett (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
16	Financial Disclosure Statement by Nina Griswell (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
17	Financial Disclosure Statement by Dorothy Spencer (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
18	Financial Disclosure Statement by Robert Thompson (Bader, Steven) (Entered: 09/09/2024)	Sept. 9, 2024	Sept. 9, 2024
19	AMENDED COMPLAINT against Tyrrell County, filed by Sherryreed Robinson, Mark Mixon, Adriana Blakeman, Joyce Sykes Fitch, The Concerned Citizens of Tyrrell County. (Mance, Ian) (Entered: 09/25/2024)	Sept. 25, 2024	Sept. 25, 2024 Clearinghouse
20	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint DE 19) filed by Tyrrell County. (Bader, Steven) (Entered: 10/09/2024)	Oct. 9, 2024	Oct. 9, 2024 Clearinghouse
21	Memorandum in Support regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint DE 19) filed by Tyrrell County. (Bader, Steven) (Entered: 10/09/2024)	Oct. 9, 2024	Oct. 9, 2024
22	Notice of Appearance filed by Steven Andrew Bader on behalf of Tyrrell County. (Bader, Steven) (Entered: 10/09/2024)	Oct. 9, 2024	Oct. 9, 2024
23	Notice of Appearance filed by Patrick H. Flanagan on behalf of Tyrrell County. (Flanagan, Patrick) (Entered: 10/09/2024)	Oct. 9, 2024	Oct. 9, 2024
24	Memorandum in Opposition regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint DE 19), 21 Memorandum in Support filed by Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, Adriana Blakeman, The Concerned Citizens of Tyrrell County. (Mance, Ian) (Entered: 10/28/2024)	Oct. 28, 2024	Oct. 28, 2024
25	REPLY to Response to Motion regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint DE 19) filed by Tyrrell County. (Bader, Steven) (Entered: 11/12/2024)	Nov. 12, 2024	Nov. 12, 2024 RECAP
	Motion Submitted	Nov. 12, 2024	Nov. 12, 2024
	Motions Submitted to District Judge James C. Dever III regarding 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint DE 19). (Mann, Stephanie)	Nov. 12, 2024	Nov. 12, 2024
26	ORDER- The court DENIES AS MOOT defendant's motion to dismiss the complaint 12, GRANTS IN PART defendant's motion to dismiss the amended complaint 20, and DISMISSES WITH PREJUDICE plaintiffs' section 1982 claim. Plaintiffs' equal protection claim survives. Signed by District Judge James C. Dever III on 5/7/2025. (Hockaday, A.) (Entered: 05/07/2025)	May 7, 2025	May 7, 2025 Clearinghouse
27	ORDER pursuant to text order entered 5/21/2025. Signed by District Judge James C. Dever III on 5/21/2025. (Mann, Stephanie) (Entered: 05/21/2025)	May 21, 2025	May 21, 2025
	Text Order	May 21, 2025	May 21, 2025
28	ANSWER to 19 Amended Complaint, COUNTERCLAIM against Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County by Tyrrell County. (Bader, Steven) (Entered: 05/28/2025)	May 28, 2025	May 28, 2025
29	ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 6/24/2025. (Mann, Stephanie) (Entered: 06/24/2025)	June 24, 2025	June 24, 2025
30	MOTION for Entry of Default filed by Tyrrell County. (Attachments: # 1 Text of Proposed Order entering default) (Bader, Steven) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025
31	MOTION for Leave to File Motion for Extension of Time to File Answer filed by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Attachments: # 1 Text of Proposed Order) (Miller, Jaelyn) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025
32	MOTION for Extension of Time to File Answer regarding 31 MOTION for Leave to File Motion for Extension of Time to File Answer filed by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Attachments: # 1 Text of Proposed Order) (Miller, Jaelyn) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025
33	ANSWER to 28 Answer to Amended Complaint, Counterclaim by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Miller, Jaelyn) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 RECAP
34	RESPONSE in Opposition regarding 30 MOTION for Entry of Default filed by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Miller, Jaelyn) (Entered: 07/03/2025)	July 3, 2025	July 3, 2025
35	Rule 26(f) Report (joint) filed by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Miller, Jaelyn) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025
36	SCHEDULING ORDER: Discovery due by 3/16/2026. Motions due by 4/30/2026. The matter will be set for trial by separate order. Signed by District Judge James C. Dever III on 6/5/2025. Signed by District Judge James C. Dever, III on 7/30/2025. (Harrison, A) (Entered: 07/30/2025)	July 30, 2025	July 30, 2025
	Motion Submitted	July 31, 2025	July 31, 2025
	Notice to Counsel - Selection of Mediator	July 31, 2025	July 31, 2025
	Motion Submitted to District Judge James C. Dever III regarding 31 MOTION for Leave to File Motion for Extension of Time to File Answer, 30 MOTION for Entry of Default, 32 MOTION for Extension of Time to File Answer. (Mann, Stephanie)	July 31, 2025	July 31, 2025
	NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. The Selection of Mediator form must be electronically filed on or before 8/20/2025. (Harrison, A)	July 31, 2025	July 31, 2025
37	ORDER denying 30 Motion for Entry of Default, granting 31 Motion for Leave to File, and granting 32 Motion for Extension of Time to Answer. Plaintiffs have filed their answer. Signed by District Judge James C. Dever III on 8/1/2025. (Harrison, A) (Entered: 08/01/2025)	Aug. 1, 2025	Aug. 1, 2025 RECAP
38	Selection of ASA BELL as mediator filed by Adriana Blakeman, Joyce Sykes Fitch, Mark Mixon, Sherryreed Robinson, The Concerned Citizens of Tyrrell County. (Miller, Jaelyn) (Entered: 08/15/2025)	Aug. 15, 2025	Aug. 15, 2025
39	ORDER Appointing Mediator - Asa bell appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 8/18/2025. (Harrison, A) (Entered: 08/18/2025)	Aug. 18, 2025	Aug. 18, 2025
	Motion Submitted to District Judge James C. Dever, III regarding 40 Consent MOTION for Extension of Time for disclosure of expert reports. (Harrison, A)	Dec. 16, 2025	Dec. 16, 2025
	Motion Submitted to District Judge James C. Dever, III regarding 43 MOTION for Protective Order Prohibiting Depositions. (Harrison, A)	Jan. 6, 2026	Jan. 6, 2026
	Motion No Longer Submitted to District Judge James C. Dever, III: regarding 43 MOTION for Protective Order Prohibiting Depositions. (Harrison, A)	Jan. 6, 2026	Jan. 6, 2026
	Motion Submitted to District Judge James C. Dever, III regarding 46 Joint MOTION for Extension of Time to Complete Discovery . (Harrison, A)	Jan. 21, 2026	Jan. 21, 2026
	Motion Submitted to District Judge James C. Dever III regarding 52 MOTION to Compel Discovery. (Harrison, A)	March 10, 2026	March 10, 2026

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Case Details

State / Territory:

North Carolina

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: May 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

CCTC is a local civic organization based in Tyrrell County, and it aims to improve the quality of life of the people in the county, especially Black residents. The plaintiffs are the President, Secretary, Treasurer, and other members of CCTC. The

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Tyrrell County Board of Commissioners

Case Details

Causes of Action:

42 U.S.C. § 1982

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of North Carolina 2:24-cv-00026

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Impact

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation

Case Summary of Fitch v. Tyrrell County Board of Commissioners, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47706/ (last updated 4/1/2026).