University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Davis v. Jury Commission of Montgomery County CJ-AL-0018
Docket / Court 66-cv-c2479 ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Criminal Justice (Other)
Special Collection Civil Rights Division Archival Collection
Case Summary
In this case, a Black man charged with a crime in Montgomery County, Alabama, challenged the County's policy of systematically excluding Black people from jury service. On November 5, 1966, the plaintiff filed this lawsuit in the United States District Court for the Middle District of Alabama, ... read more >
In this case, a Black man charged with a crime in Montgomery County, Alabama, challenged the County's policy of systematically excluding Black people from jury service. On November 5, 1966, the plaintiff filed this lawsuit in the United States District Court for the Middle District of Alabama, where it was assigned to then-District Judge Frank M. Johnson. Bringing suit under 42 U.S.C. § 1983 and the Declaratory Judgement Act (28 U.S.C. § 2201), the plaintiff claimed that the exclusion of Black people from criminal juries violated the Fourteenth Amendment.

Judge Johnson denied the plaintiff's request for a temporary restraining order on November 10, noting that the plaintiff had yet to be indicted, so no constitutional violation had yet occurred. 261 F. Supp. 591. However, he also set a preliminary injunction hearing for January of 1967. The status of the case after that date is unclear, but it is presumably now closed.

Jonah Hudson-Erdman - 11/18/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Preliminary relief denied
Discrimination-basis
Race discrimination
General
Access to lawyers or judicial system
Courts
Racial segregation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Jury Commisioner
Plaintiff Description A Black criminal defendant in Montgomery County Alabama
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer Unknown
Nature of Relief Unknown
Source of Relief Unknown
Filed 11/05/1966
Case Ongoing No
Court Docket(s)
No docket sheet currently in the collection
General Documents
M.D. Ala.
11/05/1966
Motion for Temporary Restraining Order
CJ-AL-0018-0001.pdf | Detail
Source: Papers of Alexander (Sandy) Ross
M.D. Ala.
11/05/1966
Complaint
CJ-AL-0018-0002.pdf | Detail
Source: Papers of Alexander (Sandy) Ross
M.D. Ala.
11/10/1966
Order (261 F.Supp. 591)
CJ-AL-0018-0003.pdf | WESTLAW| LEXIS | Detail
Source: Papers of Alexander (Sandy) Ross
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Judges Johnson, Frank Minis Jr. (M.D. Ala., Fifth Circuit, Eleventh Circuit) show/hide docs
CJ-AL-0018-0003

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