Case: Telleria v. Cooley

96-2220JWB | Alabama state trial court

Filed Date: Dec. 31, 1996

Closed Date: 1999

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Case Summary

On December 31, 1996, attorneys with the Southern Poverty Law Center filed suit on pursuant to 42 U.S.C. § 1983 in Madison County, Alabama against the Madison County, Alabama Tax Assessor for his refusal to grant homestead tax exemptions to plaintiffs Julio and Carmen Telleria because they did not speak English. Plaintiffs, who were U.S. Citizens of Hispanic descent, were told by the Tax Assessor that they had to recite an oral oath in English in order to obtain the homestead tax exemptions. I…

On December 31, 1996, attorneys with the Southern Poverty Law Center filed suit on pursuant to 42 U.S.C. § 1983 in Madison County, Alabama against the Madison County, Alabama Tax Assessor for his refusal to grant homestead tax exemptions to plaintiffs Julio and Carmen Telleria because they did not speak English. Plaintiffs, who were U.S. Citizens of Hispanic descent, were told by the Tax Assessor that they had to recite an oral oath in English in order to obtain the homestead tax exemptions. It was alleged that the Tax Assessor routinely used racial slurs to describe immigrants and minorities and also required non-English speaking immigrant homeowners to pay in taxes twice what English-speaking homeowners paid.

Plaintiffs alleged that the "English Only" policy was intentional racial and national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and could be remedied pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1981 and Article I, § 1 of the Constitution of Alabama of 1901. Plaintiffs sought declaratory and injunctive relief, as well as compensatory and punitive damages for the defendant's unlawful conduct.

The case was eventually settled. Under the terms of the Settlement Agreement, the Tax Assessor issued homestead exemptions and tax reimbursements for plaintiffs and another immigrant homeowner. The Tax Assessor also agreed to stop further discrimination and to immediately implement a policy in regard to property owners who did not speak English.

On November 23, 1999, Circuit Court Judge Laura W. Hamilton issued an order adopting the terms of the settlement.

Summary Authors

Dan Dalton (12/12/2007)

People


Judge(s)

Hamilton, Laura W. (Alabama)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Keith, Rebecca (Alabama)

Attorney for Defendant

Butler, Julian D. (Alabama)

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Documents in the Clearinghouse

Document

96-2220JWB

Plaintiffs' Second Amended Complaint

March 20, 1998

March 20, 1998

Complaint

96-2220JWB

Settlement Agreement

Nov. 23, 1999

Nov. 23, 1999

Settlement Agreement

96-2220JWB

Order

Nov. 23, 1999

Nov. 23, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 30, 2023, 2:49 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 31, 1996

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two U.S. Citizens who were denied homestead tax exemptions to because they did not speak English.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tax Assessor, Madison County, Alabama (Madison), County

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - None

Issues

Discrimination-basis:

Language discrimination

National origin discrimination

Immigration/Border:

Constitutional rights