Case: Gooden v. Hunter

CV 05-5778 | Alabama state trial court

Filed Date: Sept. 29, 2005

Closed Date: June 1, 2007

Clearinghouse coding complete

Case Summary

On September 29, 2005, the NAACP Legal Defense and Educational Fund, Inc. filed a lawsuit originally on behalf of Mr. Richard Gooden in Alabama state court against the Alabama Secretary of State and the Jefferson County Registrar, challenging the denial of Mr. Gooden's right to vote because of a felony DUI conviction. Gooden, a 64-year-old African-American citizen and a lifetime resident of Alabama, alleged that while Alabama's Constitution permitted people with felony convictions not involvin…

On September 29, 2005, the NAACP Legal Defense and Educational Fund, Inc. filed a lawsuit originally on behalf of Mr. Richard Gooden in Alabama state court against the Alabama Secretary of State and the Jefferson County Registrar, challenging the denial of Mr. Gooden's right to vote because of a felony DUI conviction. Gooden, a 64-year-old African-American citizen and a lifetime resident of Alabama, alleged that while Alabama's Constitution permitted people with felony convictions not involving moral turpitude to register to vote, the Secretary of State had instructed officials not to register such persons unless they received a "Certificate of Eligibility" from the Alabama Board of Pardons and Paroles. Gooden challenged the practice and sought declaratory and injunctive relief. The same day, the NAACP filed a separate action in federal court, challenging the practice as violating Section 5 of the federal Voting Rights Act. [Gooden v. Worley].

On November 18, 2005, the Alabama Attorney General, on behalf of the State of Alabama, moved to intervene in the case. The State confessed judgment on one of plaintiff's counts and acknowledged that Gooden's felony conviction - driving under the influence -- was not a crime involving moral turpitude, and, therefore, that he was not barred from registering and voting. The Jefferson County Registrar then agreed to register Gooden.

Defendants moved to dismiss the remaining claims for lack of standing and mootness.

On December 19, 2005, Gooden filed a first amended complaint, which named an additional plaintiff. The amended complaint also sought certification of a class of plaintiffs consisting of all "unregistered persons otherwise eligible to register to vote in Alabama who have been convicted of one or more felonies, but who have not been convicted of any felonies involving moral turpitude." It also sought certification of a defendant class consisting of all "voter registrars in the State of Alabama." The complaint was subsequently amended several times and more plaintiffs were added.

Defendants moved for summary judgment on all claims, arguing that the case no longer presented a justiciable controversy in that all of the relief requested by the plaintiffs, namely their registration to vote, had been granted.

On August 23, 2006, the trial court entered a "class certification order and final order on all pending issues." The Court granted the attorney general's motion to intervene and entered a summary judgment for the defendants on several counts of the amended complaint. The trial judge certified a plaintiff class and a defendant class and granted the plaintiffs declaratory and equitable relief, ordering the state voter registrars to allow all felons who were otherwise qualified to vote to be permitted to vote until the enactment and gubernatorial approval of a statute which specifically named all disqualifying felonies. Defendants appealed.

On June 1, 2007 the Alabama Supreme Court (Justice Woodall) reversed in part the trial court's ruling that ordered the Secretary of State and Jefferson County registrar to immediately "cease and desist in refusing voter registration" to individuals on the basis of a felony conviction. The Supreme Court found that while state and local election officials had acted contrarily to the State Constitution and laws, no further injunctive relief was necessary under the circumstances. Chapman v. Gooden, 2007 WL 1576103 2007 Ala. LEXIS 98 (Ala. Jun 01, 2007) (NO. 1051712).

Summary Authors

Dan Dalton (11/26/2007)

Related Cases

Gooden v. Worley, Northern District of Alabama (2005)

People


Judge(s)

Bolin, Michael F (Alabama)

Cobb, Sue Bell (Alabama)

Attorney for Plaintiff

Adegbile, Debo Patrick (New York)

Beverly, Alaina C. (New York)

Chachkin, Norman J. (New York)

Attorney for Defendant
Judge(s)

Bolin, Michael F (Alabama)

Cobb, Sue Bell (Alabama)

Lyons, Champ Jr (Alabama)

Murdock, Glenn (Alabama)

Parker, Tom (Alabama)

See, Harold Frend Jr (Alabama)

Smith, Patricia M (Alabama)

Stuart, Jacquelyn Lufkin (Alabama)

Vance, Robert Smith (Alabama)

Woodall, Thomas A. (Alabama)

show all people

Documents in the Clearinghouse

Document

[Notice Letter] Re: Voter Registration for Felonies Not Involving Moral Turpitude

Gooden v. Worley

No Court

Sept. 23, 2005

Sept. 23, 2005

Notice Letter

CV 05-5778

Complaint for Declaratory Judgment, Temporary Restraining Order, Mandatory Injunction, and Writ of Mandamus

Gooden v. Worley

Sept. 29, 2005

Sept. 29, 2005

Complaint

CV 05-5778

Order

Gooden v. Worley

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion

CV 05-5778

First Amended Complaint

Gooden v. Worley

Dec. 19, 2005

Dec. 19, 2005

Complaint

CV 05-5778

Fourth Amended Complaint

Gooden v. Worley

June 9, 2006

June 9, 2006

Complaint

CV 05-5778

Class Certification Order and Final Order on All Pending Issues

Gooden v. Worley

Aug. 23, 2006

Aug. 23, 2006

Order/Opinion

CV 05-5778

Order

Gooden v. Worley

Alabama state supreme court

Oct. 25, 2006

Oct. 25, 2006

Order/Opinion

CV 05-5778

1051712

[Opinion]

Chapman v. Gooden

Alabama state supreme court

June 1, 2007

June 1, 2007

Order/Opinion

Docket

Last updated Aug. 30, 2023, 1:38 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: June 1, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of Alabamians with felony convictions not involving moral turpitude that are being illegally barred from voting.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Secretary of State, State

Jefferson County Voter Registrar (Jefferson), County

Houston County Voter Registrars (Houston), County

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation