Case: Linda Smith v. Reese McKinney, Jr.

2:11-cv-00899 | U.S. District Court for the Middle District of Alabama

Filed Date: Oct. 19, 2011

Closed Date: 2011

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Case Summary

On October 19, 2011, several couples who reside in the state of Alabama filed a lawsuit in the Middle District of Alabama against Probate Judge Reese McKinney, Jr., under the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendant's policies discriminated against non-U.S. citizens trying to obtain a …

In Alabama, no person may marry without a marriage license. One of a probate judge's ministerial jobs is to issue marriage licenses to those couples that meet the requirements. Alabama law does not explicitly say that proof of citizenship is a requirement to obtaining a marriage license. In fact, in 2008, the Alabama Attorney General, issued a statement saying citizenship was not a requirement to obtaining a marriage license. However, the Montgomery County Probate Office had on its website a requirement of showing "legal presence" in the U.S. for persons 18 years or older trying to obtain a marriage license.

On October 21, 2011, the plaintiffs filed their first amended complaint. On December 2, 2011, the clerk for the Middle District Court of Alabama accepted the plaintiffs' voluntary dismissal of the case.

Summary Authors

Perry Miska (3/23/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12934687/parties/smith-v-mckinney/

Judge(s)

Coody, Charles S. (Alabama)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Attorney for Defendant

Bolling, Frederic A (Alabama)

Gillis, Henry Lewis (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Knoepp, James Melvin (Georgia)

Rubio, Sigfredo (Alabama)

Werner, Daniel (Georgia)

Attorney for Defendant

Bolling, Frederic A (Alabama)

Gillis, Henry Lewis (Alabama)

Means, Tyrone Carlton (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:11-cv-00899	Docket [PACER]	Dec. 2, 2011	Dec. 2, 2011 Docket
1 2:11-cv-00899	Class Action Complaint	Oct. 19, 2011	Oct. 19, 2011 Complaint
12 2:11-cv-00899	First Amended Complaint	Oct. 21, 2011	Oct. 21, 2011 Complaint

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Linda Smith, et al. v. Reese McKinney, Jr. Southern Poverty Law Center	Linda Smith, a U.S. citizen, and “John Doe,” an undocumented immigrant, had been a couple for more than nine years. When they decided to marry, they could not obtain a marriage license from the Montg…	October 19, 2011	Oct. 19, 2011 https://www.splcenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12934687/smith-v-mckinney/

Last updated March 29, 2026, 4:33 a.m.

ECF Number	Date	Description	Link
1	Oct. 19, 2011	CLASS ACTION COMPLAINT against Reese McKinney, Jr (Filing fee $ 350.00 receipt number 4602020290), filed by Linda Smith, John Doe. (Attachments: # 1 Exhibit A, # 2 Receipt)(br, ) (Entered: 10/20/2011)	Clearinghouse
2	Oct. 19, 2011	MOTION for Leave to Proceed Under a Pseudonym by John Doe. (Attachments: # 1 Text of Proposed Order)(br, ) (Entered: 10/20/2011)	RECAP
3	Oct. 19, 2011	BRIEF/MEMORANDUM in Support re 2 MOTION for Leave to Proceed Under a Pseudonym filed by John Doe. (Attachments: # 1 Declaration of Heidi Beirich, # 2 Declaration of John Doe)(br, ) (Entered: 10/20/2011)	RECAP
4	Oct. 19, 2011	Summons Issued; summons and complaint returned to counsel for personal service of Reese McKinney, Jr. (br, ) Modified on 10/20/2011 to correct file date (br, ). (Entered: 10/20/2011)	RECAP
5	Oct. 20, 2011	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Linda Smith, John Doe. Corporate Disclosures due by 10/31/2011. (Attachments: # 1 Corporate Conflict Standing Order)(br, ) (Entered: 10/20/2011)	RECAP
6	Oct. 20, 2011	SUMMONS Returned Executed by Linda Smith, John Doe. Reese McKinney, Jr served by personal service 10/19/2011, answer due 11/9/2011. (br, ) (Entered: 10/20/2011)	RECAP
7	Oct. 20, 2011	ORDER granting 2 Motion for Leave to Proceed Under a Pseudonym, without prejudice to the defendants to object at the time their answers are filed. Signed by Honorable Judge Charles S. Coody on 10/20/2011. (br, ) (Entered: 10/20/2011)	RECAP
8	Oct. 20, 2011	Corporate/Conflict Disclosure Statement by John Doe, Linda Smith. (Brooke, Samuel) (Entered: 10/20/2011)	RECAP
9	Oct. 20, 2011	Corporate/Conflict Disclosure Statement by John Doe, Linda Smith. (Brooke, Samuel) (Entered: 10/20/2011)	RECAP
	Oct. 20, 2011	NOTICE of Assignment to Magistrate Judge mailed to counsel for John Doe, Linda Smith (br, )
10	Oct. 21, 2011	Motion to Appear Pro Hac Vice by John Doe, Linda Smith. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 10/21/2011)	RECAP
11	Oct. 21, 2011	Motion to Appear Pro Hac Vice by John Doe, Linda Smith. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 10/21/2011)	RECAP
12	Oct. 21, 2011	AMENDED COMPLAINT Class Action against All Defendants, filed by Linda Smith, John Doe. (Attachments: # 1 Exhibit, # 2 Original Pleading)(Brooke, Samuel) (Entered: 10/21/2011)	Clearinghouse
13	Oct. 21, 2011	PRO HAC VICE Filing fees for DANIEL WERNER and JAMES M. KNOEPP received re 10 and 11 Motions to Appear Pro Hac Vice: $100.00, receipt number 4602020313. (dmn) (Entered: 10/21/2011)	RECAP
14	Oct. 25, 2011	ORDER that the Motions for Admission Pro Hac Vice (Docs. 10 and 11 ) be and are hereby GRANTED and Attorneys James M. Knoepp and Daniel Werner be and are hereby ADMITTED to appear before this Court pro hac vice to represent the plaintiffs in this action. Counsel shall file a notice of appearance with the court. Signed by Honorable Judge Charles S. Coody on 10/25/2011. (dmn) (Entered: 10/25/2011)	RECAP
15	Oct. 27, 2011	NOTICE of Appearance by Daniel Werner on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 10/27/2011)	RECAP
16	Oct. 27, 2011	NOTICE of Appearance by Henry Lewis Gillis on behalf of Reese McKinney, Jr (Gillis, Henry) (Entered: 10/27/2011)	RECAP
	Oct. 27, 2011	***Attorney Tyrone Carlton Means, and Frederic Allen Bolling added for Reese McKinney, Jr. (dmn) (see Doc. 16 for pdf)
17	Oct. 28, 2011	NOTICE of Appearance by James M Knoepp on behalf of John Doe, Linda Smith (Knoepp, James) (Entered: 10/28/2011)	RECAP
18	Nov. 9, 2011	MOTION for Leave to File Out-of-Time by Reese McKinney, Jr. (Gillis, Henry) (Entered: 11/09/2011)	RECAP
19	Nov. 10, 2011	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Reese McKinney. Corporate Disclosures due by 11/21/2011. (Attachments: # 1 Corporate Conflict Standing Order)(br, ) (Entered: 11/10/2011)	RECAP
20	Nov. 10, 2011	ORDER granting 18 Motion for Extension of Time; the time for the defendant to file a responsive pleading is EXTENDED to December 12, 2011. Signed by Honorable Judge Charles S. Coody on 11/10/2011. (br, ) (Entered: 11/10/2011)	RECAP
	Nov. 10, 2011	NOTICE of Assignment to Magistrate Judge mailed to counsel for Reese McKinney, Jr (br, )
	Nov. 10, 2011	Reset Deadlines: Answer due from Reese McKinney, Jr 12/12/2011. (br, )
21	Nov. 15, 2011	Corporate/Conflict Disclosure Statement by Reese McKinney, Jr re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Gillis, Henry) (Entered: 11/15/2011)	RECAP
22	Nov. 21, 2011	Case reassigned to Chief Judge William Keith Watkins and Honorable Judge Charles S. Coody. Honorable Judge Charles S. Coody no longer assigned to the case as presiding judge. (br, ) (Entered: 11/21/2011)	RECAP
23	Dec. 1, 2011	NOTICE by John Doe, Linda Smith Notice of Dismissal (Bauer, Mary) (Entered: 12/01/2011)	RECAP
24	Dec. 2, 2011	CLERK'S NOTICE of Voluntary Dismissal pursuant to the 23 Notice of Dismissal filed by the Plaintiffs on 12/1/2011, this case has been closed and removed from the docket of this court. (dmn, ) (Entered: 12/02/2011)	RECAP

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Case Details

State / Territory:

Alabama

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 19, 2011

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are couples who wish to obtain a marriage license in Alabama but are barred from doing so because one or both persons are not U.S. citizens.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

State of Alabama

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Middle District of Alabama 2:11-cv-00899

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Marriage

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Immigration status

Immigration/Border:

Constitutional rights

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Recommended Citation

Case Summary of Linda Smith v. Reese McKinney, Jr., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13391/ (last updated 3/23/2014).