Case: Gooden v. Worley

2:05-cv-02562 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 19, 2005

Closed Date: May 26, 2006

Clearinghouse coding complete

Case Summary

This case is a companion suit to the state court case, Gooden v. Hunter. In this action, filed in the U.S. District Court for the Northern District of Alabama, the NAACP challenged the practice of the Alabama Secretary of State and state voter registrars refusing to register to vote those people with felony convictions not involving moral turpitude, unless they received a "Certificate of Eligibility" pursuant to Ala. Code § 15-22-36.1. Plaintiff alleged the practice and law violated Section 5 o…

This case is a companion suit to the state court case, Gooden v. Hunter. In this action, filed in the U.S. District Court for the Northern District of Alabama, the NAACP challenged the practice of the Alabama Secretary of State and state voter registrars refusing to register to vote those people with felony convictions not involving moral turpitude, unless they received a "Certificate of Eligibility" pursuant to Ala. Code § 15-22-36.1.

Plaintiff alleged the practice and law violated Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c. Plaintiff requested that their claims be heard by a three-judge panel and be declared unconstitutional.

On May 26, 2006, the three judge panel of the District Court (Judge Charles R. Wilson, Judge William M. Acker Jr. and Judge C. Lynwood Smith) denied plaintiff's request for declaratory relief and granted the defendants' motions for summary judgment. Costs were taxed against the plaintiff and the case was dismissed.

 

Summary Authors

Dan Dalton (11/27/2007)

Related Cases

Gooden v. Hunter, Alabama state trial court (2005)

People


Judge(s)

Acker, William Marsh Jr. (Alabama)

Attorney for Plaintiff

Adegbile, Debo Patrick (New York)

Chachkin, Norman J. (New York)

Attorney for Defendant

Fleming, Margaret L. (Alabama)

Harmon, Bart Gregory (Alabama)

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Documents in the Clearinghouse

Document

2:05-cv-02562

Docket (PACER)

May 26, 2006

May 26, 2006

Docket
1

2:05-cv-02562

Complaint - Three-Judge Court Requested

Dec. 19, 2005

Dec. 19, 2005

Complaint
22

2:05-cv-02562

Plaintiffs' Section 5 Enforcement Action Brief

April 7, 2006

April 7, 2006

Pleading / Motion / Brief
38

2:05-cv-02562

Order

May 26, 2006

May 26, 2006

Order/Opinion

2005-5778-RSV

Class Certification Order and Final Order on All Pending Issues

Alabama state trial court

Aug. 23, 2006

Aug. 23, 2006

Order/Opinion

Resources

Docket

Last updated Jan. 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Three Judge court requested against Nancy Worley, Nell Hunter, Anita Gibson, Walter Long, Molly Meadows (Filing fee $ 250. receipt #200 221625) , filed by Richard Gooden, Andrew Jones, Ekeyesto Doss.(KGE, ) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

2

Request for service by certified mail filed by Richard Gooden, Andrew Jones, Ekeyesto Doss. (KGE, ) (Entered: 12/22/2005)

Dec. 19, 2005

Dec. 19, 2005

3

Summons Issued as to Nancy Worley, Nell Hunter, Anita Gibson, Walter Long, Molly Meadows, mailed certified mail (KGE, ) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

4

SUMMONS Returned Executed on dft Nancy Worley, served on 12/23/2005, answer due 1/12/2006. (KGE, ) (Entered: 12/29/2005)

Dec. 27, 2005

Dec. 27, 2005

5

SUMMONS Returned Executed on dft Anita Gibson, served on 12/27/2005, answer due 1/17/2006; dft Walter Long, served on 12/27/2005, answer due 1/17/2006. (KGE, ) (Entered: 12/30/2005)

Dec. 28, 2005

Dec. 28, 2005

6

SUMMONS Returned Executed on dft Molly Meadows, served on 12/27/2005, answer due 1/17/2006. (KGE, ) (Entered: 12/30/2005)

Dec. 29, 2005

Dec. 29, 2005

7

ANSWER to Complaint by Nancy Worley.(Fleming, Margaret) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

8

MOTION for Extension of Time to File Answer by Anita Gibson, Walter Long, Molly Meadows. (Harmon, Bart) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

ORDER granting 8 Motion for Extension of Time to Answer. Walter Long, Anita Gibson and Molly Meadows - answer due 1/31/2006, after consultation with Judges Charles Wilson and Lynwood Smith . Signed by Judge William M Acker Jr on 01/18/06. (SKB, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

Reset Deadlines: Anita Gibson answer due 1/31/2006; Molly Meadows answer due 1/31/2006; Long answer due 1/31/2006. (KWC) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

9

ANSWER to Complaint by Nell Hunter.(Sewell, Jeffrey) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

10

MOTION to appear pro hac vice of Ryan Haygood by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

PHV Fee paid for atty Ryan Haygood $ 50, receipt number 200 222563 (KGE, ) (Entered: 01/24/2006)

Jan. 20, 2006

Jan. 20, 2006

11

NOTICE of Appearance by John J Park, Jr on behalf of Nancy Worley (Park, John) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

12

ANSWER to Complaint by Anita Gibson, Walter Long, Molly Meadows. (Harmon, Bart) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

13

ORDER all dfts now having responded to the complaint, the case is set for a status and scheduling Conference on 3/7/2006 at 09:30 AM on the 8th Floor Courtroom, Hugo L Black Courthouse, in Birmingham Signed by Judge William M Acker Jr, Charles R Wilson (by permission), C Lynwood Smith (by permission) on 2/7/06. (KGE, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

14

ORDER the motion to admit Ryan Haygood pro hac vice is SET for hearing by the three judge panel in the 8th Floor Courtroom, Hugo L Black Courthouse, in Birmingham, AL, at 09:30 AM 3/7/06 before Judge William M Acker Jr.. Signed by Judge William M Acker Jr on 2/9/06. (KGE, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

15

REPORT of Rule 26(f) Planning Meeting. (Fleming, Margaret) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

Minute Entry for proceedings held before Judge William M Acker Jr: Three- Judge Court Hearing held on 3/7/2006- Judge William Acker, Jr., Judge Charles Wilson and Judge Lynwood Smith; status and scheduling matters discussed; scheduling order to be entered; atty Haygood's PHV motion to be granted - order to be entered. (Court Reporter Virginia Flowers) (KWC) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

16

SCHEDULING ORDER confirming the courts oral response to the report of parties planning meeting, the said report is APPROVED, and the parties are ORDERED to adhere to the schedule as proposed in the report. Signed by Judge William M Acker Jr on 3/7/06. (KGE, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

17

ORDER granting 10 Motion for Limited Admission for atty Ryan Haygood under the conditions set out in this order . Signed by Judge William M Acker Jr on 3/7/06. (KGE, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

18

TRANSCRIPT of Proceedings held on 3/7/06 before Judge Honorables Charles R Wilson, William M Acker Jr and C Lynwood Smith Jr. Court Reporter: Virginia Flowers. [Contact court reporter for copy of transcript] (KGE, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

19

MOTION for Extension of Time to File Stipulations by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

20

ORDER granting 19 Motion for Extension of Time to File stipulations. Signed by Judge William M Acker Jr, Lynwood Smith by WMA with consent, Charles Wilson by WMA with consent, on 3/31/06. (KGE, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

21

STIPULATION by Nancy Worley, Nell Hunter, Anita Gibson, Walter Long, Molly Meadows, Richard Gooden, Andrew Jones, Ekeyesto Doss. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20)(Still, Edward) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

22

TRIAL BRIEF by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

23

STIPULATION re 21 Stipulation, (correction) by Nancy Worley, Nell Hunter, Anita Gibson, Walter Long, Molly Meadows, Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

24

MOTION for Summary Judgment of Defendant Alabama Secretary of State by Nancy Worley. (Fleming, Margaret) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

25

Brief re24 MOTION for Summary Judgment of Defendant Alabama Secretary of State In Response to Plaintiffs' Section 5 Enforcement Action Brief (Doc. 22) and In Support of Motion for Summary Judgment filed by Nancy Worley. (Fleming, Margaret) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

26

Brief filed by Nell Hunter. (Sewell, Jeffrey) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

27

RESPONSE to Plaintiffs' Section 5 Enforcement Action Brief filed by Anita Gibson, Walter Long, Molly Meadows. (Harmon, Bart) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

28

MOTION for Summary Judgment by Anita Gibson, Walter Long, Molly Meadows. (Harmon, Bart) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

30

MOTION for Extension of Time for reply brief by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

31

ORDER granting 30 Motion for Extension of Time . Signed by Judge William M Acker Jr on 4/26/06, Judge Charles Wilson by permission, Judge C Lynwood Smith by permission (KGE, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

32

NOTICE of Appearance by Gary Clayborn Sherrer on behalf of Anita Gibson, Walter Long, Molly Meadows (Sherrer, Gary) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

33

TRIAL BRIEF (reply) by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Still, Edward) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

34

STIPULATION re 21 Stipulation, (supplemental) by Richard Gooden, Andrew Jones, Ekeyesto Doss. (Attachments: # 1 Exhibit 21 -- order of Ala Sup Ct)(Still, Edward) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

35

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Anita Gibson, Walter Long, Molly Meadows. (Harmon, Bart) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

36

STIPULATION re 21 Stipulation, Joint Supplemental Stipulation of Fact by Nancy Worley. (Attachments: # 1 Exhibit A# 2 Exhibit 22# 3 Exhibit 23) (Fleming, Margaret) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

37

Brief re33 Trial Brief Brief of Defendant Alabama Secretary of State in Response to Plaintiffs' Section 5 Enforcement Action Reply Brief and Opposition to the Defendant's Motions for Summary Judgment filed by Nancy Worley. (Fleming, Margaret) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

38

ORDER - Pla's request for declaratory relief is DENIED; pla's request for reasonable attorney's fees, expenses and costs is DENIED; all other relief that the plas have requested is DENIED; Dft's motions for summary judgment are GRANTED; Costs are taxed against the plas. Signed by Judge Charles R Wilson, Judge William M Acker Jr and Judge C Lynwood Smith on 5/26/06. (SFH, ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2005

Closing Date: May 26, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. citizens who have been denied the right to vote in Alabama because of their felony convictions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Secretary of State, State

Houston County Voter Registrars (Houston), County

Jefferson County Voter Registrar (Jefferson), County

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None