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Civil-rights litigator warns Houston County against enforcing practices he says conflict with U.S. Constitution
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Summary
Tanner Downey, a civil-rights litigator who said he is preparing litigation, told the commission that charging by information rather than grand-jury indictment can violate the U.S. Constitution and urged county officials to avoid paying public agents to carry out unconstitutional practices.
During the meeting’s public-comment period, Tanner Downey identified himself as a civil-rights advocate and litigator from Washington, D.C., and warned Houston County officials about what he described as state practices that conflict with the U.S. Constitution.
Downey told the commission that "clause 1 of amendment 5" requires indictment by a grand jury for certain serious charges and that he believes Alabama law allowing prosecution by information in some circumstances conflicts with that constitutional guarantee. He cited the Privileges and Immunities language of the Fourteenth Amendment and referenced the U.S. Supreme Court’s 2019 Timbs decision when discussing constitutional protections.
"If we continue to pay these public officials to violate the constitution, the criminal sanctions can govern that," Downey said, and he said he is preparing litigation. He framed his remarks as cooperative rather than adversarial, telling commissioners he wants to work with local officials to resolve the issue.
Commissioners thanked Downey for his comments; no formal action, directive or legal determination was recorded in the transcript as a result of his remarks. The public comment was presented to the commission for their consideration, and Downey asked to work with county officials going forward.
