Case: Mason v. City of Huntsville

5:10-cv-02794 | U.S. District Court for the Northern District of Alabama

Filed Date: Oct. 15, 2010

Closed Date: March 13, 2014

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Case Summary

On October 15, 2010, two private plaintiffs, represented by private counsel, filed this suit in the U.S. District Court for the Northern District of Alabama. The plaintiffs asserted claims against the City of Huntsville, Alabama (the City) for injunctive relief, attorney’s fees, and costs pursuant to the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act). They also sought an order requiring the City to undertake a self-evaluation of its programs, policies, and practices that could affect individuals with disabilities. Both plaintiffs alleged that they were “denied full, safe and equal access” to properties owned and operated by the City, contrary to the mandate of the ADA and the Rehabilitation Act. The case was assigned to Judge C. Lynwood Smith Jr.

The City moved to dismiss the complaint on December 10, 2010. It argued that the plaintiffs did not adequately state a claim under the Rehabilitation Act, that the ADA was not a valid exercise of congressional power as applied in this case, and that the plaintiffs lacked a private right of action to enforce the ADA. The district court certified a constitutional question on January 4, 2011, because of the City’s congressional power argument. The United States then moved to participate as amicus curiae, which the City unsuccessfully opposed; on May 7, 2012 the court granted the United States’ motion to participate.

On October 10, 2012, the district court granted in part and denied in part the City’s motion to dismiss. 2012 WL 4815518. The court dismissed the Rehabilitation Act claim with prejudice but denied the motion to dismiss as to the plaintiffs’ ADA claim. Judge Smith dismissed the Rehabilitation Act claim because the complaint needed to, but did not, allege that the particular Huntsville facilities at issue received or directly benefited from federal funding. But the court found that Title II of the ADA, as applied to each of the plaintiffs’ claims, was a valid exercise of Section 5 enforcement power under the Fourteenth Amendment and conferred a private right of action. This conclusion obviated any need to determine the ADA’s constitutionality under the Commerce Clause, which the City had also disputed. Accordingly, the court permitted the plaintiffs to proceed with their claims under the ADA.

The City moved to certify the court’s October 10 order for interlocutory appeal, but the court denied that motion on October 30, 2012. The parties proceeded to discovery, and then agreed to dismiss the case in a joint motion filed on March 6, 2014. The court confirmed this agreement in an order dismissing the case on March 13, 2014, but retained jurisdiction to enforce a settlement agreement that the parties reached. The details of the agreement are unknown to the Clearinghouse.

Summary Authors

Hank Minor (11/20/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126720/parties/mason-v-city-of-huntsville/

Judge(s)

Smith, Charles Lynwood (Alabama)

Judge(s)

Smith, Charles Lynwood (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 5:10-cv-02794	Complaint	Oct. 15, 2010	Oct. 15, 2010 Complaint
34 5:10-cv-02794	Memorandum Opinion and Order	Oct. 10, 2012	Oct. 10, 2012 Order/Opinion 2012 WL 4815518
61 5:10-cv-02794	Order of Dismissal	March 13, 2014	March 13, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126720/mason-v-city-of-huntsville/

Last updated April 15, 2026, 5:41 a.m.

ECF Number	Date	Description	Link
1	Oct. 15, 2010	COMPLAINT against City of Huntsville (Filing fee $ 350; receipt number: B4601016606) filed by James Mason, Joanne Pearson.(AHI) (Entered: 10/18/2010)	RECAP
2	Oct. 15, 2010	Summons Issued by the clerk and hand delivered to plaintiff as to City of Huntsville. (AHI) (Entered: 10/18/2010)	RECAP
3	Nov. 19, 2010	NOTICE of ACCEPTANCE OF SERVICE on 11/19/2010 answer due 12/10/2010 by City of Huntsville < (Canupp, David) Modified on 11/22/2010 (AHI ). (Entered: 11/19/2010)	RECAP
4	Nov. 19, 2010	NOTICE of Appearance by David J Canupp on behalf of City of Huntsville (Canupp, David) (Entered: 11/19/2010)	RECAP
5	Dec. 10, 2010	MOTION to Dismiss of City of Huntsville, Alabama by City of Huntsville. (Canupp, David) (Entered: 12/10/2010)	RECAP
6	Dec. 10, 2010	Brief re 5 MOTION to Dismiss of City of Huntsville, Alabama filed by City of Huntsville. (Attachments: # 1 Exhibit A)(Canupp, David) (Entered: 12/10/2010)	RECAP
7	Dec. 10, 2010	MOTION to Stay re 5 MOTION to Dismiss of City of Huntsville, Alabama by City of Huntsville. (Canupp, David) (Entered: 12/10/2010)	RECAP
8	Dec. 10, 2010	NOTICE by City of Huntsville re 5 MOTION to Dismiss of City of Huntsville, Alabama of As-Applied Constitutional Challenge (Canupp, David) (Entered: 12/10/2010)	RECAP
	Dec. 10, 2010	ORDER setting motion deadline for 5 defendant's Motion to Dismiss. Plaintiffs' response is due on or before December 29, 2010. Signed by Judge C. Lynwood Smith, Jr. on December 10, 2010. (TBW)
	Dec. 10, 2010	ORDER setting motion deadline for 7 defendant's Motion to Stay. Plaintiffs' response is due on or before December 29, 2010. Signed by Judge C. Lynwood Smith, Jr. on December 10, 2010. (TBW)
9	Dec. 16, 2010	RESPONSE in Support re 7 MOTION to Stay re 5 MOTION to Dismiss of City of Huntsville, Alabama filed by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 12/16/2010)	RECAP
10	Dec. 16, 2010	MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss of City of Huntsville, Alabama, Order on Motion to Dismiss, 6 Brief (Unopposed) by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 12/16/2010)	RECAP
	Dec. 17, 2010	ORDER granting 10 plaintiffs' unopposed Motion for Extension of Time to File their Response to defendant's Motion to Dismiss. Plaintiffs' response is due on or before January 21, 2011. Signed by Judge C. Lynwood Smith, Jr. on December 17, 2010. (TBW)
11	Dec. 20, 2010	ORDER that the motion to stay discovery is GRANTED and discovery is STAYED pending further order of the court. Signed by Judge C Lynwood Smith, Jr on 12/20/2010. (AHI) (Entered: 12/20/2010)	RECAP
12	Jan. 4, 2011	DISTRICT COURT CERTIFICATION OF CONSTITUTIONAL QUESTION; the court provides the U.S. Attorney General 60 days from the date of this notice to intervene on behalf od the U.S. in this action; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 1/4/2011. (AHI ) (Entered: 01/04/2011)	RECAP
13	Jan. 7, 2011	Second MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss of City of Huntsville, Alabama, 6 Brief by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 01/07/2011)	RECAP
	Jan. 13, 2011	ORDER granting 13 plaintiffs' unopposed Motion for Extension of Time to File Response to 5 defendant's Motion to Dismiss. Plaintiffs' response is due on or before February 28, 2011. Signed by Judge C. Lynwood Smith, Jr. on January 13, 2011. (TBW).
14	Feb. 7, 2011	RETURN OF SERVICE of 12 DISTRICT COURT CERTIFICATION OF CONSTITUTIONAL QUESTION to the U.S. Attorney General. Service executed on 1/20/2011. (AHI) Modified on 2/8/2011 (AHI). (Entered: 02/08/2011)	RECAP
15	Feb. 25, 2011	RESPONSE to Motion re 5 MOTION to Dismiss of City of Huntsville, Alabama and Supporting Memorandum of Law filed by James Mason, Joanne Pearson. (Attachments: # 1 Exhibit)(Zwilling, Edward) (Entered: 02/25/2011)	RECAP
16	Feb. 25, 2011	MOTION for Leave to File Amended Complaint (Unopposed) by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 02/25/2011)	RECAP
17	March 1, 2011	MOTION for Leave to File Reply Brief by City of Huntsville. (Canupp, David) (Entered: 03/01/2011)	RECAP
	March 1, 2011	ORDER granting 16 Motion for Leave to File an Amended Complaint. Signed by Judge C. Lynwood Smith, Jr. on March 1, 2011. (TBW)
	March 1, 2011	ORDER granting 17 defendant's Motion for Leave to File a Reply Brief. Defendant's reply is due on or before March 18, 2011. Signed by Judge C. Lynwood Smith, Jr. on March 1, 2011. (TBW)
18	March 18, 2011	REPLY Brief filed by Defendant City of Huntsville re: 5 MOTION to Dismiss of City of Huntsville, Alabama filed by City of Huntsville. (Canupp, David) (Entered: 03/18/2011)	RECAP
19	April 11, 2011	MOTION for Extension of Time To Consider Intervention by United States of America. (Peeples, Lloyd) (Entered: 04/11/2011)	RECAP
	April 11, 2011	ORDER granting 19 unopposed Motion for Extension of Time to consider intervention by the United States of America. A filing setting forth whether the United States has elected to intervene must be made on or before June 10, 2011. Signed by Judge C. Lynwood Smith, Jr. on April 11, 2011. (TBW)
20	June 10, 2011	MOTION to Participate as Amicus Curiae by United States of America. (Peeples, Lloyd) (Entered: 06/10/2011)	RECAP
21	June 10, 2011	United States' BRIEF as Intervenor and Amicus Curiae in opposition to 5 MOTION to Dismiss of City of Huntsville, Alabama (Attachments: # 1 Addendum)(Peeples, Lloyd) (Entered: 06/10/2011)	RECAP
	June 13, 2011	ORDER setting motion deadline for 20 Motion for Permission to Participate as Amicus Curiae of the United States of America. Any party wishing to file a response must do so on or before June 24, 2011. Signed by Judge C. Lynwood Smith, Jr. on June 13, 2011. (TBW)
22	June 24, 2011	Opposition to re 20 to Motion of United States of America to Participate as Amicus Curiae filed by City of Huntsville. (Canupp, David) (Entered: 06/24/2011)	RECAP
23	Aug. 1, 2011	NOTICE by United States of America re 21 Brief Notice of Additional Authority (Attachments: # 1 Exhibit Revised Eleventh Circuit Decision)(Peeples, Lloyd) (Entered: 08/01/2011)	RECAP
24	Aug. 3, 2011	RESPONSE to re 23 Notice of Additional Authority filed by City of Huntsville. (Canupp, David) (Entered: 08/03/2011)	RECAP
25	Sept. 23, 2011	NOTICE by James Mason, Joanne Pearson Notice of Additional Authority (Attachments: # 1 Exhibit)(Zwilling, Edward) (Entered: 09/23/2011)	RECAP
26	Oct. 5, 2011	RESPONSE to re 25 Plaintiffs' Notice of Additional Authority filed by City of Huntsville. (Canupp, David) (Entered: 10/05/2011)	RECAP
27	Feb. 10, 2012	MOTION to Substitute Attorney by United States of America. (Peeples, Lloyd) (Entered: 02/10/2012)	RECAP
	Feb. 10, 2012	ORDER granting 27 Motion to Substitute Attorney. Attorney Lloyd C Peeples, III terminated. The Clerk is directed to substitue Lane Hines Woodke for Lloyd C. Peeples, III. Signed by Judge C. Lynwood Smith, Jr. on February 10, 2012.(FEQ)
28	March 14, 2012	NOTICE by James Mason, Joanne Pearson re 26 Response (other), 25 Notice (Other) Plaintiffs' Supplement to Plaintiffs' Notice of Additional Authority (Zwilling, Edward) (Entered: 03/14/2012)	RECAP
29	May 7, 2012	ORDER that the 20 Motion to participate as amicus curiae filed by the United States is GRANTED; defendant may file a reply to the brief filed by the United States in opposition to defendant's motion to dismiss by 5/22/2012; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 5/7/2012. (AHI ) (Entered: 05/07/2012)	RECAP
30	May 17, 2012	Consent MOTION for Extension of Time to Respond to Brief of United States of America by City of Huntsville. (Canupp, David) (Entered: 05/17/2012)	RECAP
	May 18, 2012	ORDER granting 30 Motion for Extension of Time. Defendant shall submit its response to the brief of the United States on or before May 25, 2012. Signed by Judge C. Lynwood Smith, Jr. on May 18, 2012. (FEQ)
31	May 25, 2012	Brief re 21 Brief Brief in Opposition to Intervenor and Amicus Curiae Brief of the United States of America filed by City of Huntsville. (Canupp, David) (Entered: 05/25/2012)	RECAP
32	Sept. 18, 2012	NOTICE by City of Huntsville re 5 MOTION to Dismiss of City of Huntsville, Alabama of Supplemental Authority (Attachments: # 1 Exhibit Supreme Court Opinion)(Canupp, David) (Entered: 09/18/2012)	RECAP
33	Sept. 27, 2012	RESPONSE to SUPPLEMENTAL AUTHORITY filed by United States of America. (Steverson, Carolyn) (Entered: 09/27/2012)	RECAP
34	Oct. 10, 2012	MEMORANDUM OPINION AND ORDER that the Defendant's Motion to Dismiss is GRANTED IN PART AND DENIED IN PART, Plaintiffs' Rehabilitation Act claim (Count II) isDISMISSED with prejudice, but the motion is DENIED as to plaintiffs ADA claim (Coun t I); the stay on discovery is lifted, and the parties are ORDERED to proceed with discovery pursuant to the Uniform Initial Order that will be entered contemporaneously herewith; the parties should submit a report of their discovery planning conference by 10/24/2012; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/10/2012. (AHI)	RECAP
35	Oct. 10, 2012	ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge C Lynwood Smith, Jr on 10/10/2012. (AHI) (Entered: 10/10/2012)	RECAP
36	Oct. 12, 2012	NOTICE by James Mason, Joanne Pearson OF FILING STATEMENT OF ATTORNEYS FEES (Zwilling, Edward) (Entered: 10/12/2012)	RECAP
37	Oct. 19, 2012	MOTION to Certify Order on Motion to Dismiss for Interlocutory Appeal re 34 Memorandum Opinion,,, Order,,, Terminate Motions,, by City of Huntsville. (Canupp, David) (Entered: 10/19/2012)	RECAP
38	Oct. 19, 2012	MOTION to Stay Proceedings Pending Decision on Section 1292(b) Certification and any Interlocutory Appeal by City of Huntsville. (Canupp, David) (Entered: 10/19/2012)	RECAP
39	Oct. 23, 2012	ORDER that the 38 Motion to Stay is GRANTED and this action is STAYED pending this court's consideration of the City's motion to certify this court's order on the motion to dismiss for interlocutory appeal. Any briefs in opposition to the motion for certification are due by 11/5/2012, as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/23/2012. (AHI ) (Entered: 10/23/2012)	RECAP
40	Oct. 25, 2012	RESPONSE in Opposition to 37 MOTION to Certify Order on Motion to Dismiss for Interlocutory Appeal regarding 34 Memorandum Opinion and Order Terminate Motions filed by James Mason, Joanne Pearson. (Zwilling, Edward) Modified on 10/25/2012 (AHI). (Entered: 10/25/2012)	RECAP
41	Oct. 30, 2012	MEMORANDUM OPINION AND ORDER that the Motion to certify this court's order on the motion to dismiss for interlocutory appeal is DENIED as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/30/2012. (AHI ) (Entered: 10/30/2012)	RECAP
42	Nov. 7, 2012	ORDER that the stay on all proceedings is lifted and the parties areORDERED to conduct a discovery planning conference pursuant to Federal Rule ofCivil Procedure 26(f), Local Rule 26.1(d), and this court's Uniform Initial Order, and to file a written report of that conference by 11/30/2012. Signed by Judge C Lynwood Smith, Jr on 11/7/2012. (AHI ) (Entered: 11/07/2012)	RECAP
43	Nov. 7, 2012	REPORT of Rule 26(f) Planning Meeting. (Zwilling, Edward) (Entered: 11/07/2012)	RECAP
44	Nov. 8, 2012	SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 1/24/2014; Dispositive Motions due by 2/24/2014; Witness and Exhibit Lists due by 3/21/2014; Trial ready by 4/2014. Signed by Judge C Lynwood Smith, Jr on 11/8/2012. (AHI) (Entered: 11/08/2012)	RECAP
45	Nov. 15, 2012	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 11/19/2012 (AHI). (Entered: 11/15/2012)	RECAP
46	Dec. 6, 2012	NOTICE of Appearance by Michael A Chester on behalf of All Plaintiffs (Chester, Michael) (Entered: 12/06/2012)	RECAP
47	Dec. 14, 2012	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 12/17/2012 (AHI). (Entered: 12/14/2012)	RECAP
48	Jan. 10, 2013	NOTICE by James Mason, Joanne Pearson Notice of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 1/16/2013 (AHI). (Entered: 01/10/2013)	RECAP
49	Feb. 14, 2013	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 2/19/2013 (AHI). (Entered: 02/14/2013)	RECAP
50	Feb. 21, 2013	ANSWER to Complaint by City of Huntsville.(Canupp, David) (Entered: 02/21/2013)	RECAP
51	March 14, 2013	NOTICE by James Mason, Joanne Pearson of FIling Statement of Attorney's Time (Zwilling, Edward) Modified on 3/18/2013 (AHI). (Entered: 03/14/2013)	RECAP
52	April 12, 2013	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 4/15/2013 (AHI). (Entered: 04/12/2013)	RECAP
53	May 15, 2013	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 5/17/2013 (AHI ). (Entered: 05/15/2013)	RECAP
54	June 13, 2013	NOTICE by James Mason, Joanne Pearson Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 6/17/2013 (AHI). (Entered: 06/13/2013)	RECAP
55	Aug. 13, 2013	NOTICE by James Mason, Joanne Pearson Filing Statement of Attorney Fees (Zwilling, Edward) Modified on 8/15/2013 (AHI). (Entered: 08/13/2013)	RECAP
56	Sept. 12, 2013	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 9/18/2013 (AHI). (Entered: 09/12/2013)	RECAP
57	Oct. 16, 2013	NOTICE of Filing Attorney Time Records by James Mason, Joanne Pearson (Zwilling, Edward) Modified on 10/28/2013 (AHI). (Entered: 10/16/2013)	RECAP
58	Oct. 17, 2013	Joint MOTION for Extension of Time and to Modify Scheduling Order by City of Huntsville. (Canupp, David) (Entered: 10/17/2013)	RECAP
	Oct. 17, 2013	ORDER granting 58 Motion for Extension of Time. The defendant's expert disclosure deadline is extended to January 24, 2014; the discovery deadline is extended to February 24, 2014; and the dispositive motion deadline is extended to March 24, 2014. Signed by Judge C Lynwood Smith, Jr on October 17, 2013. (ALJ)
59	Dec. 13, 2013	NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 12/16/2013 (AHI). (Entered: 12/13/2013)	RECAP
60	March 6, 2014	STIPULATION of Dismissal by James Mason, Joanne Pearson. filed by James Mason, Joanne Pearson (Zwilling, Edward) (Entered: 03/06/2014)	RECAP
61	March 13, 2014	ORDER DISMISSING CASE that the court having been notified by the parties' joint stipulation of dismissal that all remaining claims embraced herein have been resolved, it is ORDERED thatthis case is DISMISSED with prejudic and costs are taxed as paid as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 3/13/2014. (AHI) (Entered: 03/13/2014)	RECAP

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Case Details

State / Territory:

Alabama

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 15, 2010

Closing Date: March 13, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were two disabled residents of Huntsville, AL, who alleged that the City did not properly accommodate their disabilities when constructing certain sidewalks, ramps, and curbs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Huntsville

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Northern District of Alabama 5:10-cv-02794

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Government services

Disability and Disability Rights:

Mobility impairment

Sidewalks

Recommended Citation

Case Summary of Mason v. City of Huntsville, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43537/ (last updated 11/20/2022).