IN THE CIRCUIT COURT OF MARION COUNTY, ALABAMA

SUSAN COBB, )
PLAINTIFF, )
)
V. )
)
ALABAMA DEMOCRATIC PARTY; )
NANCY WORLEY, individually, )
and in her capacity as Chairman of the )
ALABAMA DEMOCRATIC PARTY, )
and the State Democratic Executive )
Committee; and the EXECUTIVE BOARD )
OF THE STATE DEMOCRATIC )
EXECUTIVE COMMITTEE, )
DEFENDANTS. )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Comes now the Plaintiff, Susan Cobb, in the above-styled matter, by and through

undersigned counsel, and brings the following action for declaratory and injunctive relief:

PARTIES

1. Plaintiff Susan Cobb (“Cobb”), is over the age of 19 and is a resident citizen of

Marion County, Alabama;

2. Defendant Alabama Democratic Party (“the Party”), is a political party which

operates in all counties in Alabama, including Marion County, Alabama;

3. Defendant Nancy Worley (“Worley”), is the Chairman of the Alabama

Democratic Party and the State Democratic Executive Committee and upon information and

belief, is a resident citizen of Madison County, Alabama;

4. Defendant, the Executive Board of the State Democratic Executive Committee of

Alabama (“the Board”), is a principal governing body of the Alabama Democratic Party, consists
of members from throughout the state, and operates in all counties in Alabama, including Marion

County, Alabama.

FACTS

5. Susan Cobb was duly elected the chairperson of the Marion County Democratic

Executive Committee in a properly held election in February of 2018.

6. Said election occurred following a period of long stagnation in the Marion County

Democratic Executive Committee, in which few meetings were even held;

7. Cobb, along with others, helped reinvigorate the Marion County Democratic

Executive Committee;

8. Cobb never received guidance, nor instruction on how these elections were to be

held, nor how they were to be reported to the Alabama Democratic Party;

9. Nevertheless, the Alabama Democratic Party placed Cobb’s name on its website

as the chairperson of the Marion County Democratic Executive Committee;

10. On June 5, 2018, while suffering from a debilitating illness, Cobb received a call

from Worley asking where the returns from the primary election were. Cobb had never been

instructed by the Party nor Worley, it was her job to communicate to the Party the results of the

primary races. Cobb rightfully asserted to Worley that the probate judge was certifying the

returns to the Secretary of State, and as such, she was not aware she had to personally certify the

returns to the Party.

Nonetheless, Cobb quickly made arrangements for another member of the Marion County

Democratic Executive Committee to obtain the results from the Marion County probate judge

and e-mail them to Worley.

 11. Included in the e-mail to Worley was a request that if everything the Party

required was not in the e-mail to let Cobb or the Marion County Executive Committee know.

There was never any response fromWorley.

12. On August 11, 2018, elections for the Chairperson of the Alabama Democratic

Party were held. Cobb vigorously opposed Worley’s re-election, and instead backed Worley’s

challenger. In spite of this, Worley was re-elected as chairperson of the Alabama Democratic

Party.

13. In the week following the election, Cobb’s name was removed from the Alabama

Democratic Party website as chairperson of the Marion County Democratic Executive

Committee.

14. When Cobb contacted Worley to inquire why her name was removed, Worley

claimed it was done at Worley’s discretion because Cobb had failed to properly certify the

election returns;

15. Worley purportedly plans to hold a re-organization meeting, claiming that the

Marion County Democratic Executive Committee does not exist;

16. Nothing within the Alabama Democratic Party bylaws allows such an ouster, nor

provides for replacement in this manner. (Attachment A)

COUNT I: DECLARATORY RELIEF

17. This action is brought pursuant to the Alabama Uniform Declaratory Judgment

Act, Ala. Code § 6-6-220, et. seq., and Rule 57 of the Alabama Rules of Civil Procedure.

18. A justiciable controversy exists between the parties which the Court must decide.
 19. The actions by Worley in removing Cobb and seeking to hold a new set of

elections for Marion County Democratic Executive Committee exceeds the discretion of

Worley’s office as defined in the Alabama Democratic Party bylaws;

20. The actions by Worley in removing Cobb and seeking to hold a new set of

elections for Marion County Democratic Executive Committee are not allowed, nor provided for

in the Alabama Democratic Party bylaws;

21. The actions and standards instituted by Worley violate Cobb’s right to due

process because Worley, the Party, and the Board have failed to provide Cobb with adequate

notice of means of complaance;

22. The actions and standards being applied to Cobb are being applied in a capricious,

arbitrary, and pretextual manner, with no rational basis for said application.

WHEREFORE, the Plaintiff prays this Court will take jurisdiction of this case and

following final hearing do the following:

(1) Declare that Cobb is the rightful and duly elected chairperson of the Marion

County Democratic Executive Committee;

(2) Declare the rights, duties, and liabilities of the parties;

(3) Enter such orders, judgments, and decrees as may be necessary and propert to

give effect to the rights, duties, and liabilities of the parties as declared by the Court;

(4) Enter all other such relief as may be just and proper, including, but not limited to

attorney’s fees.

COUNT II: INJUNCTIVE RELIEF

 23. This action is brought pursuant to the Alabama Injunctions Act, Ala. Code § 6-6-

500, et. seq., and Rule 65 of the Alabama Rules of Civil Procedure.

24. Plaintiff adopts all of the above allegations as if set out herein. .

25. Without injunctive relief, the Plaintiff will suffer irreparable harm to-wit: she will

be replaced as chairperson of the Marion County Democratic Executive Committee, thus

possibly giving another person equal claim to said position.

26. The Plaintiff has no adequate remedy at law for the harm she has suffered or that

will be suffered.

27. The Plaintiff has at least a reasonable chance of success on the ultimate merits in

the present matter.

28. Any hardship imposed upon the Defendants by and through injunctive relief

would not unreasonably outweigh the benefit accruing to the Plaintiff.

WHEREFORE, the Plaintiff prays this Court will take jurisdiction of this case and prior

to and following final hearing do the following:

(1) Issue a preliminary injunction enjoining the Defendants from holding any

elections for the Marion County Democratic Executive Committee until such time as the court

may issue a declaratory judgment;

(2) Issue a permanent injunction upon final hearing preventing Defendants from

removing any duly elected member of the Marion County Democratic Executive Committee,

who was elected in the most recent election of that body, who still resides in said district, and

remains a loyal Democrat.

Dated this 20th day of August, 2018.

/s/Kristy Kirkland
KRISTY KIRKLAND (KIR041)
Attorney for Plaintiff
PO Box 2063
Dothan, AL 36302
(334) 803-8228