Callie Virginia Smith Granade

U.S. District Court for the Southern District of Alabama district Appointed by George W. Bush (Republican) 11 signed orders read

How Judge Granade decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a constitutional challenge to a state marriage law, treats the states's asserted interest in encouraging biological-parent bonds as failing strict scrutiny where the law singles out one group of couples (same-sex couples) while leaving every other category of non-procreative or unwilling-to-procreate couples free to marry, reasoning that under-inclusiveness of this kind defeats any claim the law is narrowly tailored to its stated goal.

“Alabama does not exclude from marriage any other couples who are either unwilling or unable to biologically procreate. There is no law prohibiting infertile couples, elderly couples, or couples who do not wish to procreate from marrying. ... The Attorney General fails to demonstrate any rational, much less compelling, link between its prohibition and non-recognition of same-sex marriage and its goal of having more children raised in the biological family structure the state wishes to promote.”

In an ADEA reduction-in-force case, finds an employer's proffered business rationale for a layoff sufficient to defeat pretext where the plaintiff can only offer his own opinion or a co-worker's opinion that other, younger employees would have been the better choice for elimination, since courts do not sit as a super-personnel department second-guessing legitimate business judgment.

“Plaintiff also points to reasons why other salespersons might have been less qualified than plaintiff and would have made a better choice for elimination. However, 'a plaintiff may not establish that an employer's proffered reason is pretextual merely by questioning the wisdom of the employer's reasons.'”

Procedural preferences

Requires a Servicemembers Civil Relief Act non-military-service affidavit supporting a default judgment motion to include actual supporting facts, not just a bare assertion made on 'information and belief'; a conclusory SCRA affidavit will draw a denial with leave to refile rather than an entry of default judgment.

“Wright has stated that '[t]o the best of plaintiff's information and belief Holifield is not in the military service.' ... This is not sufficient to comply with the SCRA because Wright failed to offer facts to support the affidavit.”

Applies the Illinois v. Gates totality-of-the-circumstances test practically in suppression motions, finding a bare-bones affidavit sufficient where the surrounding facts (a controlled buy, a search of the informant before and after, use of a recording device) corroborate the informant even without an independent history-of-reliability showing.

“Analyzing the affidavit under the totality of the circumstances, the court finds that the information contained in the warrant, although slim, is sufficient to establish probable cause.”

Cautions

Treats a Rule 60(b) motion that merely re-argues the merits of a previously-denied section 2255 motion as an unauthorized second or successive habeas petition rather than a genuine attack on the integrity of the prior proceeding, and will deny it for lack of jurisdiction (and as independently time-barred) rather than reach the merits again.

“Despite the fact that Abston classifies his motion as attacking the integrity of the previous habeas proceedings, Abston is truly attacking the court's previous resolution of the claim on the merits. As such, Abston's motion is, in actuality, a second or successive habeas petition and this Court does not have jurisdiction to consider it.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Davenport v. Imperial Sugar Company
1:04-cv-00283-CG-M · 2005-09-01
Summary judgment (defendant) Granted

“defendant's motion to strike (Doc. 49) is DENIED and defendant's motion for summary judgment (Doc. 26) is GRANTED.”

Motions to strike (defendant) Denied

“defendant's motion to strike (Doc. 49) is DENIED”

Henry v. ARAMARK Corp.
1:05-cv-00490-CG-C · 2006-08-29
Motions to dismiss (defendant) Granted

“the motions of Horace Sledge and Phillip Wheatley to dismiss (Docs. 13 & 43 ) are GRANTED”

Motions to dismiss (defendant) Granted in part

“the motion of ARAMARK Sports Entertainment Services, Inc. to dismiss (Doc. 8) is GRANTED IN PART to the extent that plaintiff's claims for (1) violation of the 1st Amendment, (2) conspiracy, (3) wrongful termination, and (4) slander are hereby DISMISSED. ARAMARK's motion is DENIED as to plaintiff's age discrimination claim.”

Nathan v. Watson
1:06-cv-00385-CG-B · 2006-08-17
Motions to remand (plaintiff) Granted

“For the foregoing reasons, plaintiff's motion to remand is GRANTED.”

Parsons & Whittemore Enterprises Corporation v. Cello Energy, LLC
1:07-cv-00743-CG-B · 2008-01-25
Preliminary injunction (plaintiff) Denied

“The motion for a preliminary injunction is DENIED based on this court's conclusion that the movant did not establish that it will suffer an irreparable injury before this lawsuit can be resolved on its merits without such extraordinary relief.”

Motions to dismiss (defendant) Denied

“This case is before the court on a motion for a preliminary injunction and two motions to dismiss. The motions to dismiss, to the extent that the court considers them at this juncture, are DENIED.”

Searcy v. Strange (motion to dismiss Governor Bentley)
1:14-cv-00208-CG-N · 2014-08-19
Motions to dismiss (defendant) Granted

“After due and proper consideration of the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated July 30, 2014, is ADOPTED as the opinion of this Court.”

Searcy v. Strange
1:14-cv-00208-CG-N · 2015-01-23
Summary judgment (plaintiff) Granted

“For the reasons stated above, Plaintiffs’ motion for summary judgment (Doc. 21), is GRANTED and Defendant’s motion for summary judgment (Docs. 47), is DENIED.”

Summary judgment (defendant) Denied

“Plaintiffs’ motion for summary judgment (Doc. 21), is GRANTED and Defendant’s motion for summary judgment (Docs. 47), is DENIED.”

Wright v. Holifield
1:11-cv-00658-CG-B · 2012-11-08
Default judgment (plaintiff) Denied

“Accordingly, the plaintiff's motion for default judgment is hereby DENIED with leave to refile in conformity with the requirements of the SCRA.”

United States v. Orsker McIrby
2:12-cr-00048-CG-C · 2012-05-14
Motion to suppress (defendant) Denied

“For the reasons stated above, defendant’s motion to suppress (Doc. 13), is DENIED.”

Galbreath v. Hale County, Alabama Commission
2:15-cv-00308-CG-N · 2017-02-01
Summary judgment (defendant) Granted in part

“Defendants' Motion for Summary Judgment (Doc. 25) is decided as follows: a. Summary judgment as to Counts 1, 4, 5, and 7 is DENIED; b. Summary judgment as to Counts 2, 3, and 8 is GRANTED; and c. Summary judgment as to Count 6 is GRANTED, in part, and DENIED, in part, as set out above.”

Summary judgment (plaintiff) Denied

“Plaintiff's Motion for Partial Summary Judgment (Doc. 28) as to Counts 1 and 4 is DENIED.”

Casher v. Hudson Specialty Insurance Company
1:17-cv-00133-CG-B · 2017-07-18
Summary judgment (defendant) Granted

“the Court GRANTS Hudson's motion for summary judgment (Doc. 16), and Plaintiff's claims are hereby DISMISSED with prejudice.”

United States v. Frank James Abston
1:11-cr-00238-001-CG · 2018-02-22
Motion to vacate sentence 2255 (defendant) Denied

“For the reasons set forth herein above, Abston's Motion (Doc. 220) is DENIED.”

Caseload & timing

From public federal docket records for this judge.

Her sampled docket spans state-prisoner habeas petitions (many resolved on jurisdictional or procedural grounds without reaching the merits), pro se prisoner civil-rights and conditions-of-confinement suits, employment discrimination and disability claims, consumer and mortgage-related contract disputes, personal-injury and products-liability removals, and a continuing criminal docket including plea and sentencing proceedings, drawn primarily from the Mobile-area divisions.

Put Judge Granade's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Granade actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Granade's own signed orders and cites them.