MEMORANDUM OPINION COREY L. MAZE , District Judge . Joyce Inez Moore ("Moore") seeks Disability Insurance Benefits ("DIB") from the Social Security Administration ("SSA") based on two impairments: anxiety and fibromyalgia. As the Commissioner essentially conceded at oral argument, the Administrative Law Judge's ("ALJ") conclusion that Moore did not have a medically determinable impairment of fibromyalgia is not supported by the record. While this type of error can be harmless, it's not...
MEMORANDUM OPINION C. LYNWOOD SMITH, JR. , Senior District Judge . This action is before the court on the motion to dismiss filed by defendant, Huntsville Hospital (doc. no. 10). Plaintiff, Joshua Clay Adams, asserts claims of disability discrimination under Sections 504 and 505 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.; disability discrimination under Title II of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.; disability...
MEMORANDUM OPINION C. LYNWOOD SMITH, JR. , Senior District Judge . The complaint filed by Clint Parker against his former employer, Consolidated Pipe & Supply Company, contains three counts. The first is based upon Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., and alleges that plaintiff was subjected to sexual harassment and a sexually-hostile work environment by his supervisor. The second also is based upon Title VII, and alleges that plaintiff was...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III , Magistrate Judge . On July 31, 2019, Defendants SCI Funeral Services, LLC ("SCI Funeral Services"), SCI Alabama Funeral Services, LLC ("SCI Alabama"), and Service Corporation International ("SCI," and collectively with the others, "Defendants") removed this action from the Circuit Court of Jefferson County, Alabama, to this court. (Doc. 1). Plaintiffs Jerry W. Watts and Allyne Watts ("Plaintiffs," or the "Watts") timely moved to remand the...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . I. INTRODUCTION On June 23, 2017, the claimant, Ambroga Carson, protectively filed a Title II application for a period of disability and disability insurance benefits and a Title XVI application for supplemental social security income. In his application, the claimant alleged disability beginning on October 15, 2016 because of PTSD, chronic insomnia, IBS, erectile dysfunction, and anxiety. The Commissioner denied the application on...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This case is before the court on Defendant CSX Transportation Inc.'s Motion for Summary Judgment. (Doc. # 36). The Motion is fully briefed (Docs. # 36, 38, 43, 44, 45, 50) and ripe for review. After careful consideration, and for the reasons discussed below, Defendant's Motion (Doc. # 36) is due to be granted. I. Background 1 This case stems from Defendant CSX Transportation Inc.'s ("CSX" or "Defendant") suspension of Plaintiff...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . Petitioner Keith Edmund Gavin has petitioned for a writ of habeas corpus under 28 U.S.C. 2254, challenging his 1999 convictions in Cherokee County, Alabama, for two counts of capital murder and one count of attempted murder, and his subsequent sentences of death for the capital murder convictions and life imprisonment for the attempted murder conviction. Mr. Gavin alleges that a variety of constitutional violations require reversal...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . On January 29, 2020, the magistrate judge entered a report recommending the court grant Respondents' motion for summary dismissal and dismiss Petitioner Baise's petition for a writ of habeas corpus with prejudice as untimely. (Doc. 20). The magistrate judge further recommended the court deny Petitioner Baise's motion for summary judgment. ( Id. ). Although the magistrate judge advised the parties of their right to file specific...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . The magistrate judge filed a report on February 13, 2020, recommending the defendant's motion for summary judgment be granted. (Doc. 30). Although the report advised the parties of their right to file objections within fourteen calendar days, neither party has objected. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . The magistrate judge filed a report on February 18, 2020, recommending the plaintiff's Eighth Amendment claim against defendant Martin be dismissed, the motion for summary judgment by the remaining defendants be granted, and this action dismissed with prejudice. (Doc. 61). Although the parties were advised of their right to file specific written objections within fourteen days, the court has received no objections. Having carefully...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . The Tennessee Valley Authority operates nuclear power facilities in Alabama and Tennessee. Plaintiffs United Government Security Officers of America, International Union and United Government Security Officers of America, International Union Local 22 are non-profit labor organizations that represent TVA security officers. In this opinion, the Court will refer to the unions collectively as UGSOA. This action concerns a...
MEMORANDUM OF OPINION L. SCOTT COOGLER , District Judge . I. Introduction The plaintiff, Sara Ritter, appeals from the decision of the Commissioner of the Social Security Administration ("Commissioner") denying her applications for Supplemental Security Income ("SSI"), a period of disability, and Disability Insurance Benefits ("DIB"). Ritter timely pursued and exhausted her administrative remedies and the decision of the Commissioner is ripe for review pursuant to 42 U.S.C. 405(g),...
MEMORANDUM OF OPINION L. SCOTT COOGLER , District Judge . I. Introduction The plaintiff, Jonathan Shadwrick, appeals from the decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI"). Shadwrick timely pursued and exhausted his administrative remedies and the decision of the Commissioner is ripe for review pursuant to 42 U.S.C. 405(g), 1383(c)(3). Shadwrick was 46 years old at the time of the...
MEMORANDUM OPINION KARON OWEN BOWDRE , UNITED STATES DISTRICT JUDGE . At the dawn of our nation, Alexander Hamilton adopted the words of the philosopher Montesquieu and wrote that "there is no liberty if the power of judging be not separated from the legislative and executive powers." The Federalist No. 78, at 465 (Alexander Hamilton) (Clinton Rossiter ed. 1961). The founding fathers instituted the separation of powers, which lies at the very foundation of American democracy, to protect...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This case is before the court on Defendant La Petite Academy, Inc.'s Motion for Summary Judgment. (Doc. # 18). The Motion is fully briefed (Docs. # 18, 19, 20, 21, 22) and ripe for review. After careful consideration, and for the reasons discussed below, Defendant's Motion (Doc. # 18) is due to be granted, and Plaintiff's Title VII and 42 U.S.C. 1981 claims are due to be dismissed with prejudice. I. Background 1 Sandra Hutchinson...
MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . I. INTRODUCTION On January 13, 2016, the claimant, Debra Kay McDaniel, protectively filed a Title II application for a period of disability and disability insurance benefits and a Title XVI application for supplemental security income. In both applications, the claimant alleged disability commencing on December 18, 2015, because of diabetes, depression, migraines, generalized anxiety disorder, back pain, slipped disc in neck, iron...
MEMORANDUM OPINION JOHN H. ENGLAND, III , Magistrate Judge . Plaintiff Cathy Naylor ("Naylor") seeks review, pursuant to 42 U.S.C. 405(g), 205(g) of the Social Security Act, of a final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying her application for a period of disability, disability insurance benefits ("DIB"), and Supplemental Security Income ("SSI"). (Doc. 1). Naylor timely pursued and exhausted her administrative remedies. This case is...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III , Magistrate Judge . Plaintiff Charles Justin Rogers ("Rogers") seeks review, pursuant to 42 U.S.C. 405(g), 205(g) of the Social Security Act, of a final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying his application for child's insurance benefits and Supplemental Security Income ("SSI"). (Doc. 1). Rogers timely pursued and exhausted his administrative remedies. This case is therefore ripe for...
MEMORANDUM OPINION COREY L. MAZE , UNITED STATES DISTRICT JUDGE . Larry Bothwell stopped paying his monthly life insurance premiums to avoid a pending cost increase. Mr. Bothwell then died—one day after the period to renew his payments lapsed. His ex-wife, Plaintiff Angela Bothwell, sued Defendant Primerica Life Insurance Company to get proceeds under her ex-husband's policy. Ms. Bothwell claims that she is entitled to the proceeds "as a matter of equity" (Doc. 1-1), not as a contractual...
MEMORANDUM OPINION JOHN H. ENGLAND, III , Magistrate Judge . Plaintiff Kimberly Rich Joiner ("Joiner") seeks review, pursuant to 42 U.S.C. 405(g), 205(g) of the Social Security Act, of a final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying her application for a period of disability, disability insurance benefits ("DIB"), and Supplemental Security Income ("SSI"). (Doc. 1). Joiner timely pursued and exhausted her administrative remedies. This...
