Filed Date: Nov. 14, 1966
Clearinghouse coding complete
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.
Summary Authors
Chelsea Rinnig (7/22/2018)
Johnson, Frank Minis Jr. (Alabama)
Gray, Fred David Sr. (Alabama)
Seay, Solomon S. Jr. (Alabama)
Johnson, Frank Minis Jr. (Alabama)
Last updated Feb. 23, 2024, 4:28 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alabama
Case Type(s):
Special Collection(s):
Civil Rights Division Archival Collection
Key Dates
Filing Date: Nov. 14, 1966
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
A black criminal defendant
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Unknown
Class Action Outcome: Unknown
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: