CLARK v. RILEY

No. 08-11978.

595 F.3d 1258 (2010)

William CLARK, Thomas Figures, Joe L. Reed, Dr., Plaintiffs-Appellants, v. Bob RILEY, Governor, in his official capacity, Elton Dean, in his official capacity as Chair of the board of Trustees of Alabama State University, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 4, 2010.


Attorney(s) appearing for the Case

Sam Heldman, The Gardner Firm, Washington, DC, Jesse Cecil Gardner, The Gardner Firm, PC, Mobile, AL, for Plaintiffs-Appellants.

LaTasha A. Meadows, Ramadanah Salaam-Jones, Thomas, Means, Gillis & Seay, P.C., Kenneth Dallon Wallis, II, Office of the Governor, Montgomery, AL, Kenneth L. Thomas, Thomas, Means & Gillis, P.C., Kevin Christopher Newsome, Bradley, Arant, Boult, Cummings, LLP, Birmingham, AL, for Defendants-Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and HOOD, District Judge.


TJOFLAT, Circuit Judge:

In this case, Dr. Joe L. Reed, a member of the Board of Trustees for Alabama State University, seeks a declaratory judgment that an age limit in Ala.Code § 16-50-20(a) prohibiting a board member from serving beyond September 30 following his seventieth birthday does not apply to him for two reasons: first, § 16-50-20(b) creates an exception shielding him from the age limit; second, and alternatively, the age limit is facially unconstitutional...

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