Filed Date: Dec. 31, 1996
Closed Date: 1999
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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)
Hamilton, Laura W. (Alabama)
Brownstein, Rhonda C. (Alabama)
Cohen, J. Richard (Alabama)
Keith, Rebecca (Alabama)
Butler, Julian D. (Alabama)
Hamilton, Laura W. (Alabama)
Last updated Aug. 30, 2023, 2:49 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alabama
Case Type(s):
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):
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:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1999 - None
Issues
Discrimination-basis:
National origin discrimination
Immigration/Border: