Case: Stewart v. Cherokee County, GA
1:07-cv-00015 | U.S. District Court for the Northern District of Georgia
Filed Date: Jan. 4, 2007
Closed Date: 2007
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Case Summary
On January 4, 2007, plaintiffs, the owner and operator of multiple rental units and unnamed tenants, filed suit against Cherokee County, Georgia in the U.S. District Court for the Northern District of Georgia to challenge County Ordinance No. 2006-003 which purported to establish penalties for "the harboring of illegal aliens" in the County. The Ordinance was similar to others recently passed by cities seeking to expel undocumented immigrants from their boundaries.
Immediately following the filing, the District Court (Judge Timothy C. Batten, Sr.) entered a TRO and preliminary injunction, with the consent of the parties, barring enforcement of the Ordinance pending the final outcome of similar cases - Reynolds v. City of Valley Park, Missouri [IM-MO-1] and Lozano v. City of Hazleton, Pennsylvania [IM-PA-1].
On August 28, 2007, the Court administratively close the case, advising the parties that if they wanted to reopen it, they needed to file a motion to that effect.
Summary Authors
Elizabeth Daligga (7/2/2012)
People
Batten, Timothy C. Sr. (Georgia)
Bowers, Byrony Helen (Georgia)
Delemar, Isaiah D. (Georgia)
Garrett, Margaret Fletcher (Georgia)
Davis, Angela E. (Georgia)
Documents in the Clearinghouse
Resources
Docket
Last updated March 25, 2025, 8:36 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 4, 2007
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Landlord/owner of apartment buildings in Cherokee County, Georgia and a number of unnamed tenants.
Plaintiff Type(s):
Attorney Organizations:
ACLU Immigrants' Rights Project
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County
Cherokee County, GA
Case Details
Causes of Action:
Constitutional Clause(s):
Federalism (including 10th Amendment)
Other Dockets:
Northern District of Georgia 1:07-cv-00015
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
Immigration/Border:
Undocumented immigrants - state and local regulation
Case Summary of Stewart v. Cherokee County, GA, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/5531/ (last updated 7/2/2012).