DOCUMENT 17

ELECTRONICALLY FILED
1/22/2021 5:26 PM
63-CV-2020-901061.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK
IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA

SOUTHERN POVERTY LAW )

CENTER, )
Plaintiff, )
)
V. ) Case No.: CV-2020-901061
)
RON ABERNATHY, in his official )
Capacity as Custodian of the Records )
Of the Tuscaloosa County Jail, )
Defendant. )

MOTION TO DISMISS PLAINTIFF’S COMPLAINT

COMES NOW, the Defendant, Sheriff Ron Abernathy, by and through his Counsel of
Record and, without waiving any expressly maintaining all defenses, objections, and arguments
in this action, files this Motion to Dismiss the Plaintiff’s Complaint pursuant to Rule 12(b)(6) of
the Alabama Rules of Civil Procedure and in support thereof would state the following:

1. Plaintiff filed a Complaint in this matter on November 23, 2020 requesting the
Tuscaloosa County Sheriff be ordered to provide the following records:
a. All records concerning the number of persons-either housed in the Tuscaloosa
County Jail (“Jail”) or employed by the Tuscaloosa County Sheriff’s
Department (“Sheriff’s Department”)-who have been tested for COVID-19.
b. All records concerning the number of persons-either housed in the Jail or
employed by the Sheriff’s Department-who have tested positive for COVID-
19.
c. All Communications and records concerning housing or cell assignment
changes that have been made or are being considered in order to prevent the
further spread of COVID-19 in the Jail and other facilities operated by the
Sheriff.
2. On or about December 23, 2020 the Defendant in this matter provided the
document attached hereto as EXHIBIT A in response to the filing of the suit at
issue in this case.
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3. This document was updated with new information and provided again to the
Plaintiff in this matter on January 8, 2021. The updated information is reflected
on the attached EXHIBIT A to this filing.
4. A discussion between the Attorneys representing both parties to the suit took
place after that disclosure and a follow up request for further information was
made.
5. Counsel for the Defendant tendered the letter attached hereto as EXHIBIT B on
January 22, 2021 providing further information related to the Plaintiff’s requests.
6. Counsel for the parties agreed to extend the date of any oppositional filing by the
Defendant to today’s date, January 22, 2021, in the interest of attempting to
resolve this matter.
7. Defendant asserts that all information requested by the Plaintiff’s suit has been
provided. Further, Defendant waived the collection of the standard fees for these
requests in the interest of resolving this matter as quickly and as cleanly as
possible.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests the

Court order the Plaintiff’s Complaint Dismissed as Moot pursuant to Rule 12 of the Alabama
Rules of Civil Procedure, or in the alternative set this matter for a hearing to allow the parties the
opportunity to submit briefs in support of their position and conduct oral arguments on the
Motion.

Respectfully submitted this the 22nd day of January, 2021.

/s/ Benjamin Jay Stuck

Benjamin Jay Stuck (STU-027)
Attorney for Defendant
Law Office of Benjamin Jay Stuck
2918 7th Street
Tuscaloosa, AL 35401
Ph: (205) 345-9834
Fx: (205) 881-1901
Jay@Law-BJS.com
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CERTIFICATE OF SERVICE

I hereby certify that I have this the 22nd day of January, 2021, served a copy of the
foregoing on Alexandra Jordan, Attorney for Plaintiff, via the Court’s electronic filing system.

/s/ Benjamin Jay Stuck

ATTORNEY FOR DEFENDANT