Case: Davis v. Jury Commission of Montgomery County

2:66-cv-02479 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 5, 1966

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Case Summary

In this case, a Black man charged with a crime in Montgomery County, Alabama, challenged the County's policy of systematically excluding Black people from jury service. On November 5, 1966, the plaintiff filed this lawsuit in the United States District Court for the Middle District of Alabama, where it was assigned to then-District Judge Frank M. Johnson. Bringing suit under 42 U.S.C. § 1983 and the Declaratory Judgement Act (28 U.S.C. § 2201), the plaintiff claimed that the exclusion of Black people from criminal juries violated the Fourteenth Amendment.

Judge Johnson denied the plaintiff's request for a temporary restraining order on November 10, noting that the plaintiff had yet to be indicted, so no constitutional violation had yet occurred. 261 F. Supp. 591. However, he also set a preliminary injunction hearing for January of 1967. The status of the case after that date is unclear, but it is presumably now closed.

Summary Authors

Jonah Hudson-Erdman (11/18/2021)

People


Judge(s)

Johnson, Frank Minis Jr. (Alabama)

Judge(s)

Johnson, Frank Minis Jr. (Alabama)

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Documents in the Clearinghouse

Document

2:66-cv-02479

Motion for Temporary Restraining Order

Nov. 5, 1966

Nov. 5, 1966

Pleading / Motion / Brief

2:66-cv-02479

Complaint

Nov. 5, 1966

Nov. 5, 1966

Complaint

2:66-cv-02479

Order

Nov. 10, 1966

Nov. 10, 1966

Order/Opinion

261 F.Supp. 261

2:66-cv-02479

Order

Dec. 15, 1966

Dec. 15, 1966

Order/Opinion

261 F.Supp. 261

Docket

Last updated Feb. 28, 2024, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: Nov. 5, 1966

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Black criminal defendant in Montgomery County Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jury Commisioner (Montgomery, Montgomery), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Courts

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black