University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hale v. Jefferson County JC-AL-0025
Docket / Court CV-09-2041 ( State Court )
State/Territory Alabama
Case Type(s) Jail Conditions
Case Summary
On June 30, 2009, the Sheriff and Assistant Sheriff of Jefferson County, Alabama, filed suit in the Circuit Court for the Bessemer Division of Jefferson County, under state law, against Jefferson County. The plaintiffs, represented by private counsel, sought an immediate temporary restraining order, ... read more >
On June 30, 2009, the Sheriff and Assistant Sheriff of Jefferson County, Alabama, filed suit in the Circuit Court for the Bessemer Division of Jefferson County, under state law, against Jefferson County. The plaintiffs, represented by private counsel, sought an immediate temporary restraining order, a preliminary and permanent injunction, and declaratory relief, alleging that actions by the state legislature to reduce budgets during the fiscal year violated state law. Specifically, the plaintiffs claimed that the County acted "arbitrarily and capriciously with no regard whatsoever for the various needs of the Office of the Sheriff and without regard for any constitutional or statutory obligations imposed on the Office of the Sheriff" by imposing budget cuts during the fiscal year and requiring the Sheriff's Office to submit a proposed budget for the following fiscal year that was 1/3 less than the previous year.

On July 1, 2009, the Circuit Court entered a temporary restraining order and set the matter for hearing on preliminary injunction. On July 2, 2009, defendant filed an emergency petition for relief, arguing that the Circuit Court of the Bessemer Division of Jefferson County lacked jurisdiction and was not authorized to enter a TRO. On July 7, 2009, the Circuit Court ordered the transfer of the case to the Birmingham Division of Jefferson County. On July 9, 2009, the Alabama Supreme Court granted the defendant's emergency petition, finding the Bessemer Division lacked authority to enter a TRO.

On July 16, 2009, the Birmingham Division of Jefferson County granted plaintiff's petition for preliminary injunction. The Court (Judge Joseph Boohaker) found that although the County was facing a budgetary crisis, and the Court did not have the authority to instruct the County on how to resolve the budgetary problems, the County acted "arbitrarily and capriciously" as to the Office of the Sheriff. The court enjoined the County from implementing its budgetary restrictions and ordered the parties to work in good faith towards a resolution. The parties were directed to appear in front of the court again on July 23, 2009 to report on their compliance.

On November 8, 2011, a discussion of the case was included as part of the amended complaint in a related case, Mason v. Hale, 7:11-cv-03155-TMP (
Priyah Kaul - 10/29/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Funding
Plaintiff Type
City/County Plaintiff
Causes of Action State law
Defendant(s) Jefferson County
Plaintiff Description Sheriff and Assistant Sheriff of Jefferson County, Alabama.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2009 - 2009
Case Closing Year 2009
Case Ongoing No
Case Listing JC-AL-0023 : Mason v. Hale (N.D. Ala.)
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
First Amended Verified Petition for Temporary Restraining Order ("TRO"), Preliminary Injunction, Permanent Junction, Declaratory Judgment, a Common Law Write of Mandamus, and a Common Law Write of Prohibition 07/13/2009
JC-AL-0025-0001.pdf | Detail
Order on Preliminary Injunction 07/16/2009
JC-AL-0025-0002.pdf | Detail
Judges Boohaker, Joseph (State Trial Court)
JC-AL-0025-0002
Monitors/Masters None on record
Plaintiff's Lawyers Jackson, B. Keith (Alabama)
JC-AL-0025-0001
Terry, Jon B (Alabama)
JC-AL-0025-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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