Case: ACLU of Kentucky v. McCreary County, Kentucky

6:99-cv-00507 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Nov. 18, 1999

Closed Date: Dec. 21, 2011

Clearinghouse coding complete

Case Summary

On November 18, 1999 the ACLU of Kentucky and several individuals filed a lawsuit against McCreary, Harlan, and Polaski Counties in Kentucky in the United States District Court for the Eastern District of Kentucky. The Plaintiffs, represented by the ACLU and private counsel, sought declaratory and injunctive relief, claiming that the Defendants' display of the Ten Commandments in public schools and county courthouses violated the Establishment Clause of the First Amendment. The plaintiffs filed…

On November 18, 1999 the ACLU of Kentucky and several individuals filed a lawsuit against McCreary, Harlan, and Polaski Counties in Kentucky in the United States District Court for the Eastern District of Kentucky. The Plaintiffs, represented by the ACLU and private counsel, sought declaratory and injunctive relief, claiming that the Defendants' display of the Ten Commandments in public schools and county courthouses violated the Establishment Clause of the First Amendment.

The plaintiffs filed a motion for preliminary injunction, requesting McCreary County and Pulaski County’s Ten Commandment displays in their courthouses be removed. Prior to resolution of this motion, the counties altered their displays. This second display included additional documents that were largely religious in nature. On May 5, 2000, the Court (Judge Jennifer B. Coffman) denied the defendants’ motion to dismiss and granted the plaintiffs’ preliminary injunction, on the grounds that the altered displays did not serve a secular purpose and therefore violated the Establishment Clause. The injunction ordered the defendants to remove their displays from their Courthouses and to refrain from erecting similar displays in the future. 96 F.Supp.2d 679 (E.D.KY. 2000).

The county defendants complied with the injunction and, for the third display, added other historical documents to the display that included the Ten Commandments. The counties did not repeal or overrule the resolutions that authorized the second displays on the grounds of religious importance when they erected this third display. In response to this third display, the plaintiffs sought to extend the injunction to McrCeary County’s current display, as well as Pulaski County’s courthouse display and the displays in Harlan County schools. On June 22, 2001, Judge Jennifer B. Coffman granted this request on similar grounds and ordered all the displays to be removed. 145 F.Supp.2d 845 (E.D.Ky. 2001). On December 18, 2003, the Sixth Circuit Court of Appeals (Judge Eric L. Clay) affirmed the District Court's preliminary injunction on the grounds that the plaintiffs showed a likelihood of success on the merits of their claim that the defendants’ displays lacked a secular purpose. 354 F.3d 438, 462 (6th Cir. 2003).

The counties appealed the Sixth Circuit Court of Appeals opinion to the Supreme Court, and certiorari was granted on October 12, 2004. Before oral argument, the counties repealed the provisions that authorized their second display, based on the importance of religion. On June 27, 2005, Justice Souter writing for the majority affirmed the Sixth Circuit ruling. The Court held that the plaintiffs’ sufficiently demonstrated that the defendants’ original displays and revised displays were done with a religious purpose, which is a clear violation of the Establishment Clause. The court found the defendants’ repeal of their display authorizations before oral argument to be minimally significant in proving their displays had a secular basis. 545 U.S. 844.

On September 28, 2007 Judge Coffman ordered the plaintiffs claims against defendant Harlan County School District dismissed with prejudice and denied both the plaintiffs’ and the defendants’ motions for summary judgment on the grounds that the second display, which was the basis for the motion for dismissal, no longer existed. The only relevant legal issue in the case was whether the defendants had taken action after the Supreme Court decision to erect displays with a predominantly secular purpose. The Judge also referred the case to settlement, whereupon the Defendants made slight policy changes. 2007 WL 2903210.

On August 4, 2008, the District Court declared the first, second, and third displays unconstitutional and entered a permanent injunction against all three displays. The Judge also reversed its ruling in the previous order dismissing the claim against defendant Harlan County without prejudice, because there is no guarantee that the prohibited conduct would not resume in the future.

On March 13, 2009, the District Court granted the plaintiffs' motion for attorneys' fees and costs, awarding $393,798.00 in attorneys' fees and $8,133.34 in costs. 2009 WL 720904.

On June 9, 2010 the Sixth Circuit Court of Appeals affirmed the District Court's permanent injunction. 607 F.3d 439. The parties signed a joint notice of satisfaction of judgment on December 21, 2011.

The case is now closed.

Summary Authors

Joshua Arocho (6/15/2012)

Mackenzie Walz (10/27/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4729981/parties/aclu-of-ky-v-mccreary-county-ky/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Clay, Eric L. (Michigan)

Coffman, Jennifer B. (Kentucky)

Gibbons, Julia Smith (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Ryan, James Leo (Michigan)

Scalia, Antonin (District of Columbia)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Clay, Eric L. (Michigan)

Coffman, Jennifer B. (Kentucky)

Gibbons, Julia Smith (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Ryan, James Leo (Michigan)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Todd, James B. (Kentucky)

Wier, Robert Earl (Kentucky)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Flynn, Kathleen M (Illinois)

Friedman, David A. (Kentucky)

Griffith, Caroline Laurie (Kentucky)

Hoffman, Everett Clay (Kentucky)

Lutgens, Lili R (Kentucky)

Shapiro, Steven R. (New York)

Sharp, William E. (Kentucky)

Attorneys(s) for Defendant

Amshoff, Theodore H. (Kentucky)

Corry, David M (Virginia)

Crampton, Stephen M (Virginia)

Green, Bruce W (Florida)

Lindevaldsen, Rena M (Florida)

Martin, Lindsey F (Florida)

McAlister, Mary E (Florida)

Ray, Ronald D. (Kentucky)

Stanley, Erik William (Virginia)

Staver, Mathew D. (Florida)

Turner, Johnnie L (Kentucky)

Other Attorney(s)

Clement, Paul D. (District of Columbia)

Huggins, David R. (Virginia)

Documents in the Clearinghouse

Document

6:99-cv-00507

Docket [PACER]

ACLU v. McCreary County

Dec. 21, 2011

Dec. 21, 2011

Docket
15

6:91-cv-00507

Order

ACLU of Kentucky v. McCreary County

96 F.Supp.2d 679

May 5, 2000

May 5, 2000

Order/Opinion
61

6:99-cv-00507

Order

ACLU v. McCreary County

145 F.Supp.2d 845

June 22, 2001

June 22, 2001

Order/Opinion

01-05935

Opinion

ACLU v. McCreary County

U. S. Court of Appeals for the Sixth Circuit

354 F.3d 438

Dec. 18, 2003

Dec. 18, 2003

Order/Opinion

01-05935

Order

ACLU v. McCreary County

U. S. Court of Appeals for the Sixth Circuit

361 F.3d 928

March 23, 2004

March 23, 2004

Order/Opinion

03-01693

Order granting petition for writ of certiorari

McCreary County v. ACLU

Supreme Court of the United States

543 U.S. 924, 160 L.Ed.2d 221

Oct. 12, 2004

Oct. 12, 2004

Order/Opinion

03-01693

Opinion

McCreary County v. ACLU

Supreme Court of the United States

545 U.S. 844, 125 S.Ct. 2722, 162 L.Ed.2d 729

June 27, 2005

June 27, 2005

Order/Opinion

03-01698

Order denying cert.

Harlan County v. McCreary

Supreme Court of the United States

545 U.S. 1152, 125 S.Ct. 1988, 162 L.Ed.2d 910

June 28, 2005

June 28, 2005

Order/Opinion
153

6:99-cv-00507

Memorandum Opinion and Order

ACLU v. McCreary County

Sept. 28, 2007

Sept. 28, 2007

Order/Opinion
174

6:99-cv-00507

Judgment

ACLU v. McCreary County, KY

Aug. 4, 2008

Aug. 4, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4729981/aclu-of-ky-v-mccreary-county-ky/

Last updated Aug. 7, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (one summons issued) with copy, given to attorney for service of process, Fee Paid $ 150, Receipt No. 082262 (RBB) (Entered: 11/19/1999)

Nov. 18, 1999

Nov. 18, 1999

PACER
2

MOTION by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe for preliminary injunction (RBB) (Entered: 11/19/1999)

Nov. 18, 1999

Nov. 18, 1999

PACER
3

MEMORANDUM by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe in support of motion for preliminary injunction [2-1] (RBB) (Entered: 11/19/1999)

Nov. 18, 1999

Nov. 18, 1999

PACER
4

MOTION by defendant Jimmie Greene, defendant McCreary County, KY to dismiss complaint (RBB) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
5

MEMORANDUM by defendant Jimmie Greene, defendant McCreary County, KY in support of motion to dismiss complaint [4-1] (RBB) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
6

ORDER by Judge Jennifer B. Coffman: ORDERED that plfs shall have until 1/23/00 to file a response to dfts' motion to dismiss (cc: all counsel) [EOD Date: 1/6/00] (RBB) (Entered: 01/06/2000)

Jan. 5, 2000

Jan. 5, 2000

PACER
7

MOTION by plaintiff, defendant for extension until and including 1/23/00 to respond to dfts' motion to dismiss (NHS) (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

PACER

SUBMITTED re motion for extension until and including 1/23/00 to respond to dfts' motion to dismiss [7-1] is submitted (NHS)

Jan. 12, 2000

Jan. 12, 2000

PACER
8

MOTION by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss; stating dfts consented to additional extension of time (RBB) (Entered: 02/11/2000)

Feb. 9, 2000

Feb. 9, 2000

PACER

PROPOSED REPLY AND RESPONSE tendered by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe; REPLY IN SUPPORT OF PLF'S MTS FOR PRELIMINARY INJUNCTION AND IN RESPONSE TO DFTS' MOTIONS TO DISMISS (RBB)

Feb. 9, 2000

Feb. 9, 2000

PACER

SUBMITTED re motion for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss [8-1] is submitted (RBB)

Feb. 11, 2000

Feb. 11, 2000

PACER
9

ORDER by Judge Jennifer B. Coffman: granting plf's motion for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss (cc: all counsel) [EOD Date: 3/2/00] (RBB) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

PACER
10

RESPONSE by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe to dfts' motion to dismiss complaint [4-1] (RBB) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

PACER

SUBMITTED re motion for preliminary injunction [2-1] is submitted (RBB)

March 2, 2000

March 2, 2000

PACER
11

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for oral argument (RBB) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

PACER
12

MEMORANDUM by defendant Jimmie Greene, defendant McCreary County, KY in support of motion for oral argument [11-1]; ATTACHMENTS FILED IN SEP. VOL. (RBB) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

PACER

SUBMITTED re motion dfts' to dismiss complaint [4-1] is submitted (RBB)

March 22, 2000

March 22, 2000

PACER
13

ORDER by Judge Jennifer B. Coffman: ORDERED that this matter is scheduled for hearing at London on April 20, 2000 at 1:00 p.m. (cc: all counsel) [EOD Date: 3/27/00] (RBB) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

PACER
14

GENERAL MINUTES: before Judge Jennifer B. Coffman; Date(s) 4/20/00; Court Reporter Nathan Perkins; in-court hearing held 4/20/00 ; Laurie Griffith, David Friedman, Kathleen M. Flynn for plfs; Theodore Amshoff, Ronald Ray, Johnnie Turner for dfts; case called for oral argument; taking under advisement the motion to dismiss complaint [4-1], taking under advisement the motion for preliminary injunction [2-1] (cc: all counsel) [EOD Date: 4/21/00] (NHS) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

PACER
15

ORDER by Judge Jennifer B. Coffman: ORDERED that plf's motion to dismiss is DENIED; FURTHER ORDERED that theTen Commandments display shall be removed from the McCreary County Courthouse IMMEDIATELY; FURTHER ORDERED that neither the dft Jimmie Greene nor any other McCreary County Official, acting in their official capacity, shall erect or cause to be erected similar displays w/in McCreary County, KY (cc: all counsel) [EOD Date: 5/5/00] (RBB) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

PACER
16

NOTICE OF APPEAL by defendant Jimmie Greene, defendant McCreary County, KY from Dist. Court ORDER entered 5/5/00 [15-1] (cc: all counsel) (RBB) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
17

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for order staying preliminary injunction during pendency of appeal (RBB) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
18

MEMORANDUM by dft Jimmie Greene, dft McCreary County, KY in support of motion for order staying preliminary injunction during pendency of appeal [17-1] (RBB) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER

RECEIVED re NOTICE OF APPEAL [16-1] fee in amount of $ 105 (Receipt # 083386) (RBB)

May 10, 2000

May 10, 2000

PACER

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; [16-1] (cc: all counsel) (RBB)

May 11, 2000

May 11, 2000

PACER
19

ORDER by Judge Jennifer B. Coffman: ORDERED denying dft's motion for order staying preliminary injunction during pendency of appeal [17-1]; FURTHER ORDERED that plfs need not respond to dfts' mt for a stay (cc: all counsel) [EOD Date: 5/12/00] (RBB) Modified on 05/12/2000 (Entered: 05/12/2000)

May 12, 2000

May 12, 2000

PACER
20

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for order to stay preliminary inj during pendency of mt to 6CCA for stay pending appeal (RBB) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER

------------------------------------------------------ V O L U M E 2 ------------------------------------------------------ (NHS)

May 15, 2000

May 15, 2000

PACER
21

ORDER by Judge Jennifer B. Coffman: IT IS SO ORDERED; finding the defts' motion for order to stay preliminary inj during pendency of mt to 6CCA for stay pending appeal [20-1] moot (cc: all counsel) [EOD Date: 5/22/00] (EHM) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

PACER
22

CERTIFIED COPY of 6CCA Order: ORDERED that dfts' mts for stays pending appeal of the preliminary injunctions issued by the district court are DENIED (RBB) (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

PACER
23

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for additional 20 days to answer complaint (RBB) (Entered: 05/30/2000)

May 25, 2000

May 25, 2000

PACER
24

MOTION by defendant Jimmie Greene, defendant McCreary County, KY to withdraw counsel Colonel Ronald Ray and Theodore H. Amshoff, Jr. (RBB) (Entered: 05/30/2000)

May 25, 2000

May 25, 2000

PACER
25

NOTIFICATION by 6CCA of Appellate Docket Number 00-5632; Mary Patterson, Case Manager (SKV) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

PACER
26

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for attorney ERIK W. STANLEY to appear pro hac vice (RBB) (Entered: 06/07/2000)

June 6, 2000

June 6, 2000

PACER
27

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for attorney MATHEW D. STAVER to appear pro hac vice (RBB) (Entered: 06/07/2000)

June 6, 2000

June 6, 2000

PACER

FEE PAID $ 130, Receipt No. 083469; PHV fee for attorney Staver and Stanley (RBB)

June 7, 2000

June 7, 2000

PACER

SUBMITTED re motion for attorney MATHEW D. STAVER to appear pro hac vice [27-1], re motion for attorney ERIK W. to appear pro hac vice [26-1], re motion to withdraw counsel Colonel Ronald Ray and Theodore H. Amshoff, Jr. [24-1], re motion for additional 20 days to answer complaint [23-1] is submitted (RBB)

June 7, 2000

June 7, 2000

PACER
28

UNOPPOSED MOTION by dft Jimmie Greene, dft McCreary County, KY to extend time to answer to June 14, 2000 (RBB) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

PACER

SUBMITTED re dfts' motion to extend time to answer to June 14, 2000 [28-1] (RBB)

June 9, 2000

June 9, 2000

PACER
29

ORDER by Judge Jennifer B. Coffman: Defts time to answer complaint of plffs shall be extended to June 14, 2000 [28-1] (cc: all counsel) [EOD Date: 6/13/00] (EHM) (Entered: 06/13/2000)

June 13, 2000

June 13, 2000

PACER
30

ANSWER by dft Jimmie Greene, dft McCreary County, KY to COMPLAINT [1-1] (NHS) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
31

ORDER by Judge Jennifer B. Coffman granting dfts' motion for additional 20 days to answer complaint [23-1] (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

PACER
32

ORDER by Judge Jennifer B. Coffman: ORDERED that Colonel Ronald Ray and Theodore H. Jr. attorney for McCreary County, KY, and Jimmie Greene, are granted lv to w/draw as counsel (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

PACER
33

ORDER by Judge Jennifer B. Coffman granting motion for attorney MATHEW D. STAVER to appear pro hac vice [27-1] defendant Jimmie Greene, defendant McCreary County, KY all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

PACER
34

ORDER by Judge Jennifer B. Coffman granting motion for attorney ERIK W. STANLEY to appear pro hac vice [26-1] for defendants Jimmie Greene and McCreary County, KY (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

PACER
35

MOTION by dfts to clarify the preliminary injunction order dated 5/5/00 (RBB) Modified on 08/23/2000 (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
36

TRANSCRIPT filed of HEARING before JENNIFER B. COFFMAN Date(s) of transcript 4/20/00 @ 1:19 p.m. (RBB) (Entered: 08/23/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER
37

RESPONSE by plfs to dfts' motion to clarify the preliminary injunction order dated 5/5/00 [35-1] (RBB) (Entered: 08/23/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER

SUBMITTED re motion to clarify the preliminary injunction order dated 5/5/00 [35-1] is submitted (RBB)

Sept. 12, 2000

Sept. 12, 2000

PACER
38

ORDER by Judge Jennifer B. Coffman denying motion to clarify the preliminary injunction order dated 5/5/00 (cc: all counsel) [EOD Date: 9/18/00] (RBB) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

PACER
39

CERTIFIED COPY of 6CCA Order: dismissing the appeal [16-1]; upon consideration of appellants' mt to voluntarily dismiss the appeals herein (RBB) (Entered: 10/31/2000)

Oct. 27, 2000

Oct. 27, 2000

PACER
40

MOTION by plfs Dave Howe, Louanne Walker, ACLU of KY for order holding dfts in contempt, or in the alternative for supplemental preliminary injunction (RBB) (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

PACER
41

MEMORANDUM by plfs Dave Howe, Louanne Walker, ACLU of KY in support of motion for order holding dfts in contempt or in the alternative, for supplemental preliminary injunction [40-2] (RBB) (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

PACER
42

NOTICE OF FILING by plfs/appellees, Dave Howe, Louanne Walker, ACLU of RELATED DECISION (RBB) (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

PACER
43

NOTICE by plf/appellees, Dave Howe, Louanne Walker, ACLU of KY of UNAVAILABILITY DATES TO ATTEND HEARINGS (RBB) (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

PACER
44

RESPONSE by dft Jimmie Greene, McCreary County, KY to mtn for order holding dfts in contempt [40-1], to mtn for supplemental preliminary injunction [40-2] (NHS) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
45

NOTICE OF FILING by dft Jimmie Greene, McCreary County, KY of affidavit of Judge Jimmie Greene in support of dfts' response to plfs' mtn for contempt, or alternatively, suppl prelim inj (NHS) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
46

AFFIDAVIT of JIMMIE GREEN re NOTICE OF FILING [45-1], re MEMORANDUM IN OPPOSITION TO PLFS' MTN FOR CONTEMPT or alternatively SUPPL PRELIM INJ [44-1] (NHS) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER

SUBMITTED re motion for order holding dfts in contempt [40-1], re motion for supplemental preliminary injunction [40-2] is submitted (NHS)

Jan. 11, 2001

Jan. 11, 2001

PACER
47

ORDER by Judge Jennifer B. Coffman: upon court's own mtn; court deems it in best interest of parties to have matter heard in open court; setting hearing on mtn for order holding dfts in contempt [40-1], mtn for suppl prelim inj [40-2] 3/30/01 at 2:00 p.m. in LONDON ; court will further conduct status conf on 3/30/01 at 2:00 p.m. to further establish course of litigation (cc: all counsel) [EOD Date: 1/16/01] (NHS) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
48

SUPPLEMENTAL AUTHORITY by dfts Jimmie Greene, McCreary County, KY re dft's response (Memorandum In Opposition) to plf's motion for contempt or supplemental preliminary inj [44-1] (RBB) (Entered: 03/23/2001)

March 23, 2001

March 23, 2001

PACER

------------------------------------------------------ V O L U M E T H R E E ------------------------------------------------------ (RBB)

March 24, 2001

March 24, 2001

PACER
49

NOTICE by dfts Jimmie Greene, McCreary County, KY of filing affidavits of DAVID BARTON AND WILLIAM J. FEDERER (RBB) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

PACER
50

AFFIDAVIT of DAVID BARTON (filed by dfts) in support of dfts' response (opposition) to plfs' mt for contempt or for suppl prelimjinary inj; re [40-1], [40-2], [44-1], [48-1] (RBB) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

PACER
51

AFFIDAVIT of WILLIAM J. FEDERER (filed by dfts) in support of dfts' response (Opposition) to plfs' mt for contempt or for supplemental preliminary inj; [40-1], [40-2], [44-1], [48-1] (RBB) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

PACER
52

ORDER by Judge Jennifer B. Coffman hearing held 3/30/01 before Judge Jennifer B. Coffman ; David A. Friedman and Laurie Griffith appeared for plfs; Mathew Staver and Johnnie Turner appeared for dfts; Court Reporter: Nathan Perkins; plfs' mtn for contempt DENIED; pts shall attempt to reach stlmt and notify court by 4/30/01; if pts unable to settle, court will issue ruling on plfs' mtn to supplement prelim inj by 5/15/01; if pts unable to settle, plfs shall file amd cmp no later than 30 days after court's ruling; dfts shall file answer to amd cmp no later than 20 days after cmp amd; discovery ddl 6/14/01; s/j mtns due 11/1/01 ; Case consolidated 6:99-cv-507 with member cases 6:99-cv-508, 6:99-cv-509 (cc: all counsel) [EOD Date: 4/2/01] (NHS) Modified on 04/02/2001 (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

PACER

REMARK: pursuant to Order filed 4/2/01 [52-1], London Civil Nos. 99-507, 99-508 and 99-509 are consolidated and pursuant to instructions from Chambers, 99-507 is to be lead case and all filings shall be filed in 99-507 (RBB)

April 2, 2001

April 2, 2001

PACER
53

MEMORANDUM by dfts Jimmie Greene, McCreary County, KY regarding acceptance of affidavits in opposition to plf's mt for supplemental preliminary injunction; [51-1], [50-1], [48-1], [46-1], [44-1], [40-1] (RBB) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

PACER
54

JOINT MOTION by plfs, dfts, Jimmie Greene, McCreary County, KY, Dave Howe, Louanne Walker, ACLU of KY for enlargement of time to report on settlement negotiations (RBB) (Entered: 05/02/2001)

April 30, 2001

April 30, 2001

PACER

SUBMITTED re joint motion for enlargement of time to report on settlement negotiations [54-1] is submitted (RBB)

May 2, 2001

May 2, 2001

PACER
55

ORDER by Judge Jennifer B. Coffman granting joint motion for enlargement of time to report on settlement negotiations [54-1]; rpt on status settlement due 5/16/01 (cc: all counsel) [EOD Date: 5/3/01] (NHS) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

PACER
56

NOTICE by dfts Jimmie Greene, McCreary County, KY of Filing REGARDING HISTORICAL DISPLAYS (RBB) (Entered: 05/16/2001)

May 16, 2001

May 16, 2001

PACER
57

STATUS REPORT by plfs Dave Howe, Louanne Walker, ACLU of KY; stating parties are unable to settle (RBB) (Entered: 05/21/2001)

May 18, 2001

May 18, 2001

PACER
58

MOTION by plfs Dave Howe, Louanne Walker, ACLU of KY to strike affidavits of David Barton and William J. Federer, or in the alternative, for for the Court to defer consideration of these affidavits until it decides the merits of the case (RBB) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER
59

RESPONSE by dfts, Jimmie Greene, McCreary County, KY to plfs' motion to strike affidavits of David Barton and William J. Federer [58-1], or in the alternative to defer consideration of hte affidavits [58-2] (RBB) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

PACER
60

REPLY by plfs, Dave Howe, Louanne Walker, ACLU of KY to dfts' response to plfs' motion to strike affidavits of David Barton and William J. Federer [58-1] (RBB) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

PACER
61

ORDER by Judge Jennifer B. Coffman: ORDERED plfs' motion to extend the prliminary injunction to the current displays is GRANTED; ORDERED that the displays shall be removed from the McCreary and Pulaski County courthouses and from the Harlan County schools IMMEDIATELY; ORDERED the parties shall submit joint written status reports no later than July 23, 2001, advising court whether they wish order to be the final judgment in this case (cc: all counsel) [EOD Date: 6/22/01] (RBB) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

PACER

SUBMITTED re motion to strike affidavits of David Barton and William J. Federer [58-1], re motion for for the Court to defer consideration of these affidavits until it decides the merits of the case [58-2] is submitted (RBB)

June 27, 2001

June 27, 2001

PACER
62

CONSOLIDATED NOTICE OF APPEAL by dfts Jimmie Greene, McCreary County, KY from US District Court decision dated and filed June 22, 2001 (ORDER) [61-1] (cc: all counsel) (RBB) (Entered: 07/19/2001)

July 18, 2001

July 18, 2001

PACER

RECEIVED re NOTICE OF APPEAL [62-1] fee in amt of $ 105 (Receipt # 089971) (RBB)

July 18, 2001

July 18, 2001

PACER

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; in 6:99-cv-00507; (consolidated w/ 6:99-cv-508; 6:99-cv-509) (cc: all counsel) (RBB)

July 19, 2001

July 19, 2001

PACER
63

AMENDED COMPLAINT [1-1] by plfs Dave Howe, Louanne Walker, ACLU of KY, Jane Doe(s), John Doe(s), Jane/John Doe(s), Lawrence Durham, Paul Lee (RBB) (Entered: 07/24/2001)

July 20, 2001

July 20, 2001

PACER
64

TRANSCRIPT DESIGNATION and Ordering Form for dates: 3/31/01 re: transcript [36-1]; and entire hearing on plf's motion for supplemental preliminary injunction (RBB) (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

PACER
65

MOTION by dfts, plfs for leave to file late joint status report (RBB) (Entered: 08/06/2001)

July 31, 2001

July 31, 2001

PACER

PROPOSED JOINT STATUS REPORT tendered by dfts, plfs (RBB)

July 31, 2001

July 31, 2001

PACER
66

NOTIFICATION by 6CCA of Appellate Docket Number 01-5935; Case Manager - Mary Patterson (RBB) (Entered: 08/06/2001)

Aug. 2, 2001

Aug. 2, 2001

PACER

SUBMITTED re joint motion for leave to file late joint status report [65-1] is submitted (RBB)

Aug. 6, 2001

Aug. 6, 2001

PACER
67

ORDER by Judge Jennifer B. Coffman granting parties joint motion for leave to file late joint status report [65-1] (cc: all counsel) [EOD Date: 8/10/01] (RBB) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER
68

JOINT STATUS REPORT by parties (Constured motion for discovery, construed motion for stay of action, pursuant to Order filed 9/10/01 DE#;72) (RBB) Modified on 09/11/2001 (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER

--------------------------------------------------------- V O U M E F O U R ------------------------------------------------------ (RBB) Modified on 08/10/2001

Aug. 10, 2001

Aug. 10, 2001

PACER
69

ANSWER by dfts Jimmie Greene, McCreary County, KY, Harlan Cty Sch Dist, Don Musselman, Pulaski County, KY, Darrell Beshears to Consolidated Amended Complaint [63-1] (RBB) (Entered: 08/15/2001)

Aug. 13, 2001

Aug. 13, 2001

PACER
70

AMENDED ANSWER TO CONSOLIDATED AMENDED COMPLAINT [69-1] by defendants (RBB) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

PACER
71

TRANSCRIPT filed of HEARING before JUDGE JENNIFER B. COFFMAN Date(s) of transcript 3/30/01 Ct. Rptr. Nathan F. Perkins (RBB) (Entered: 09/06/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
72

ORDER by Judge Jennifer B. Coffman: matter before court on motion 58 by plfs to strike certain affidavits until after ruling on suppl preliminary injunction, and also upon the joint status report submitted by parties [68-1]; ORDERED motion of plfs regarding affidavits is GRANTED in PART, as it requests this court to defer consideration of the affidavits until after ruling on the suppl preliminary inj, as the court stated in order granting the suppl preliminary inj that it was not commenting on the truth of the dfts' assertion of the Ten Commandments as a foundational document [61 n. 15), court views this statement as an implicit ruling on the plfs' motion; therefore, this clarification does nothing to alter the status quo w/ regard to the suppl preliminary inj, which is currently being appealed to the Sixth Circuit; FURTHER ORDERED that as the court construes the plfs' statment of position in the joint status report as a motion for discovery, the plfs are hereby directed to file, w/in 15 days of the date of entry of this order, a memo in support of this mt, indicating the purpose of requested discovery and a proposed timeline for the resolution of this case on its merits; response and reply times shall be governed by the local rules; plfs' response to this motion shall also include a proposed timeline for the resolution of this case on its merits; FURTHER ORDERED that, as the court construes the defendants' statement of the position in the joint status report as a motion to stay this action pending resolution of their appeal of the supplemental preliminary inj, the dfts are hereby directed to file, w/in 15 days of the entry of this order, a memo in support of this motion, specifying the grounds therefo, response and reply times shall be governed by the local rules (cc: all counsel) [EOD Date: 9/11/01] (RBB) (Entered: 09/11/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER
73

MOTION by plfs to modify the litigation schedule by extending the discovery ddl from 9/18/01 thru 10/31/01 (RBB) (Entered: 09/13/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER

SUBMITTED re motion to modify the litigation schedule by extending the discovery ddl from 9/18/01 thru 10/31/01 [73-1] is submitted (RBB)

Sept. 20, 2001

Sept. 20, 2001

PACER
74

MEMORANDUM by plfs in support of Motion For Discovery [68-1]; (status report [68-1] construed as mt for discovery pursuant to Order [72-1]) (RBB) (Entered: 10/04/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
75

MEMORANDUM by dfts in support of dfts' motion to stay proceedings pending resolution of appeal to 6CCA [68-1] ; (status report [68-1] is constured as motion to stay pursuant to order [72-1]) (RBB) (Entered: 10/04/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
76

RESPONSE by plfs to dfts' motion to stay (STATUS REPORT) [68-1] (RBB) (Entered: 10/18/2001)

Oct. 14, 2001

Oct. 14, 2001

PACER
77

RESPONSE (MEMORANDUM IN OPPOSITION) by dfts to plf's motion for discovery [75-1], to [73-1] (RBB) (Entered: 10/18/2001)

Oct. 14, 2001

Oct. 14, 2001

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 1999

Closing Date: Dec. 21, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU of Kentucky and several residents of three Kentucky counties.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

McCreary County, Kentucky (McCreary), State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 401,931.34

Content of Injunction:

Monitoring

Preliminary relief granted

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run