University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bandy v. Jury Commission of Lee County CJ-AL-0012
Docket / Court Civ Action No 720-E ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Criminal Justice (Other)
Special Collection Civil Rights Division Archival Collection
Case Summary
This case predates PACER. Information for this summary came from the complaint and orders uploaded below, which were found in the papers of David Norman ... read more >
This case predates PACER. Information for this summary came from the complaint and orders uploaded below, which were found in the papers of David Norman.

On November 14, 1966, a black criminal defendant filed this action on his own behalf in the Middle District of Alabama under 28 U.S.C. §§ 1331 and 2201, as well as 42 U.S.C. § 1981. He was represented by civil rights attorneys Solomon Seay, Jr. and Fred Gray. Citing census data, this discrimination claim alleged that the defendant members of the Lee County jury commission and district attorney systemically excluded members of his race from the jury roll and jury box. He sought a declaratory judgment that this practice violated the Fourteenth Amendment by denying him due process rights to a jury roll that was a representative cross section of his community; requested preliminary and permanent injunctive relief to enjoin the defendants from proceeding with his trial and from employing the policy of excluding black community members from the jury roll; and filed a temporary request for a restraining order on the same day as the complaint. Based on the order filed the next day, the case appears to have been assigned to Chief Judge Frank M. Johnson.

On November 15, the court denied the request for a temporary restraining order. It found that the plaintiff had not expressed a necessity "at that time." Presenting him to the grand jury would not deprive him of any rights that he had not already lost. The court found that any claim on the merits in this civil action would already be resolved before the outcome of the criminal action.

The court set hearings on the issue of injunctive and declaratory relief for December 20, 1966. We do not know whether the hearings occurred on that date or the history of the case beyond this summary. However, there is no reason to believe anything other than the case is closed.

Chelsea Rinnig - 07/22/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
Discrimination-basis
Race discrimination
General
Courts
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Lee County
Lee County
Plaintiff Description A black criminal defendant
Class action status sought Unknown
Class action status granted Unknown
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Filing Year 1966
Case Ongoing No reason to think so
Docket(s)
No docket sheet currently in the collection
General Documents
Order (M.D. Ala.)
CJ-AL-0012-0003.pdf | Detail
Date: 09/15/1966
Source: Papers of David Norman
Complaint
CJ-AL-0012-0001.pdf | Detail
Date: 11/14/1966
Source: Papers of David Norman
Motion for Temporary Restraining Order
CJ-AL-0012-0002.pdf | Detail
Date: 11/14/1968
Source: Papers of David Norman
Judges Johnson, Frank Minis Jr. (M.D. Ala., Fifth Circuit, Eleventh Circuit)
CJ-AL-0012-0003
Plaintiff's Lawyers Gray, Fred David Sr. (Alabama)
CJ-AL-0012-0001 | CJ-AL-0012-0002
Seay, Solomon S. Jr. (Alabama)
CJ-AL-0012-0001 | CJ-AL-0012-0002

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