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Case Name Jane Doe #1 v. Rich Hobson IM-AL-0008
Docket / Court 2:13-cv-00079-WKW-CSC ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
Southern Poverty Law Center
Case Summary
On February 7, 2013, the plaintiffs, all of whom were born in Mexico and have prior arrests for fishing without a license, filed a class action lawsuit in the Middle District of Alabama. They filed suit under 42 U.S.C. § 1983 against the Alabama Department of Homeland Security ("ADHS") and Alabama' ... read more >
On February 7, 2013, the plaintiffs, all of whom were born in Mexico and have prior arrests for fishing without a license, filed a class action lawsuit in the Middle District of Alabama. They filed suit under 42 U.S.C. § 1983 against the Alabama Department of Homeland Security ("ADHS") and Alabama's Administrative Office of the Court ("AOC"). Section 5 of HB 658 requires the AOC to compile, and the ADHS to post on its public website, the names and other identifying information of "unlawfully present alien[s]" who are detained for any violation of state law and who then appear in a state court. The plaintiffs, represented by the ACLU and Southern Poverty Law Center asked the court for a declaratory judgment that the enforcement of HB 658 § 5 violates the U.S. Constitution and to enjoin the defendant from enforcing the statue.

The four plaintiffs fear that their prior arrests and scheduled appearance in court for fishing without a license will enable defendants to publicize their names on this list which will result in various consequences such as the denial of bail, denial of employment opportunities, and a significant loss of privacy.

On January 6, 2014, the Court (William Keith Watkins) granted a motion to dismiss the case since the complaint alleged the plaintiffs' fear of future events rather than events that had already happened. The court stated that since the plaintiffs had not gone to their court hearings on the charges of fishing without a license, it was premature to claim that this would have any effect. Later, however, the Court vacated this motion and reconsidered once the plaintiffs had appeared at their court hearings.

On August 27, 2014, the Court set a date for mediation proceedings for September 11, 2014. On October 10, 2014, the parties dismissed the case as they had come to a settlement at mediation in which AOC agreed they would maintain the confidentiality of unlawfully present aliens and only use the information according to federal law.

Tania Morris Diaz - 10/16/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Supremacy Clause
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
General
Terrorism/Post 9-11 issues
Immigration
Constitutional rights
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Alabama Department of Homeland Security
Alabama's Administrative Office of the Court
Plaintiff Description Four Mexican immigrants living in Montgomery, Alabama fear previous arrests will put them on a public list of unlawful permanent residents.
Indexed Lawyer Organizations ACLU Chapters (any)
Southern Poverty Law Center
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2014 - 2019
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:13−cv−00079 (M.D. Ala.) 10/14/2014
IM-AL-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/07/2013
IM-AL-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Vacated Memorandum and Order Granting Motion to Dismiss 07/31/2013 (M.D. Ala.)
IM-AL-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Granting Reconsideration of Motion to Dismiss 01/06/2014 (M.D. Ala.)
IM-AL-0008-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Regarding Defendants' Motion to Dismiss 05/02/2014 (M.D. Ala.)
IM-AL-0008-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order in Regard to Pseudonym 05/20/2014
IM-AL-0008-0006.pdf | Detail
Document Source: Bloomberg Law
Order Denying Class Certification 07/03/2014 (M.D. Ala.)
IM-AL-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 10/10/2014
IM-AL-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Coody, Charles S. (M.D. Ala.) [Magistrate]
IM-AL-0008-0001 | IM-AL-0008-9000
Watkins, William Keith (M.D. Ala.)
IM-AL-0008-0002 | IM-AL-0008-0003 | IM-AL-0008-0004 | IM-AL-0008-0005 | IM-AL-0008-0006 | IM-AL-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brooke, Samuel (Alabama)
IM-AL-0008-0007 | IM-AL-0008-9000
Cox, Justin Bryan (Georgia)
IM-AL-0008-0007 | IM-AL-0008-9000
Graunke, Kristi L. (Georgia)
IM-AL-0008-9000
Jadwat, Omar C. (New York)
IM-AL-0008-9000
Joaquin, Linton (California)
IM-AL-0008-9000
Marshall, Randall C (Florida)
IM-AL-0008-0007 | IM-AL-0008-9000
Preciado, Nora (California)
IM-AL-0008-9000
Rubio, Sigfredo (Alabama)
IM-AL-0008-9000
Tumlin, Karen C. (California)
IM-AL-0008-0007 | IM-AL-0008-9000
Wang, Cecillia D (California)
IM-AL-0008-9000
Defendant's Lawyers Davis, James William (Alabama)
IM-AL-0008-9000
Fleming, Margaret L. (Alabama)
IM-AL-0008-9000
Howell, Laura Elizabeth (Alabama)
IM-AL-0008-9000
Parker, William G. Jr. (Alabama)
IM-AL-0008-9000
Other Lawyers None on record

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