Case: Bolger v. District of Columbia

1:03-cv-00906 | U.S. District Court for the District of District of Columbia

Filed Date: April 21, 2003

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 21, 2003, plaintiffs, a group of protestors detained and interrogated by the D.C. Metropolitan Police, filed a lawsuit under 42 U.S.C. § 1983 against the D.C. Police and the FBI in the United States Court for the District of Columbia. The plaintiffs, represented by several public interest organizations, asked the court for compensatory, injunctive, and declaratory relief, claiming violations of their First and Fourth Amendment rights, as well as alleging a civil conspiracy to violate …

On April 21, 2003, plaintiffs, a group of protestors detained and interrogated by the D.C. Metropolitan Police, filed a lawsuit under 42 U.S.C. § 1983 against the D.C. Police and the FBI in the United States Court for the District of Columbia. The plaintiffs, represented by several public interest organizations, asked the court for compensatory, injunctive, and declaratory relief, claiming violations of their First and Fourth Amendment rights, as well as alleging a civil conspiracy to violate their rights. Specifically, the plaintiffs claimed that they were targeted for wearing black clothing (which the D.C. Police believed was linked with the belief in 'Anarchy'), and detained and arrested without probable cause.

The protest that was the subject of the suit was against the war in Afghanistan and the International Monetary Fund and World Bank; it took place in D.C. on April 20, 2002. The plaintiffs had returned to a parking garage in which they had parked and had access to the internet. While they were congregated and eating, D.C. Metro Police approached them with drawn guns. The protestors were dressed in black. They were accosted and insulted by the police, then handcuffed and taken into custody. Their vehicle and personal belongings were searched without consent.

Several of the plaintiffs were interrogated in video interviews, recordings of which were later disseminated within the FBI. The plaintiffs were interrogated about the nature of the political activities and associations, their travel arrangements and housing accommodations in D.C. They were released, but later charged with Unlawful Entry into the parking garage (in which the plaintiffs had parked their vehicle). The charges were dismissed at the D.C. Superior Court for being baseless.

The plaintiffs claimed in their lawsuit, filed a year later, that they were arrested in violation of the First Amendment right to freedom of speech and association, and that they were arrested as part of an illegal intelligence-gathering operation designed to monitor protected First-Amendment activities of select political organizations, of which the plaintiffs were presumed to be a part.

On September 11, 2007, the Court (Judge John Bates) partially granted the FBI's motion for summary judgment. The Court found that the plaintiffs were not entitled to declaratory or injunctive relief in regards to the dissemination of arrest records and interrogation video because they could not demonstrate that the harm was continuing. The compensatory action was maintained against the FBI and the entire action against the MPD was allowed to continue.

On March 31, 2009, the Court ruled on MPD's motion for summary judgment. The Court found that most of the individual officer defendants were entitled to qualified immunity, but that the District of Columbia's policy of targeting black-clad protestors for enforcement created a genuine issue of material fact as to a valid constitutional claim.

On November 13, 2009, the plaintiffs and defendants made a joint motion to dismiss the case with prejudice following a Settlement Agreement. The Agreement awarded the plaintiffs $450,000 to be divided amongst them. This amount was inclusive of attorney's fees.

The case was closed on November 16, 2009.

Summary Authors

Blase Kearney (6/25/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4727691/parties/bolger-v-district-of-columbia/

Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff
Attorney for Defendant

Bruckheim, Michael P. (Maryland)

Copeland, Chad Wayne (District of Columbia)

DeBerardinis, Robert A. Jr. (District of Columbia)

Efros, Ellen A. (District of Columbia)

Documents in the Clearinghouse

1:03-cv-00906

Docket [PACER]

Nov. 16, 2009

Nov. 16, 2009

Docket
87

1:03-cv-00906

Second Amended Complaint

Aug. 7, 2006

Aug. 7, 2006

Complaint
144

1:03-cv-00906

Memorandum Opinion

Sept. 11, 2007

Sept. 11, 2007

Order/Opinion

510 F.Supp.2d 86

176

1:03-cv-00906

Memorandum Opinion

March 31, 2009

March 31, 2009

Order/Opinion

608 F.Supp.2d 10

1:03-cv-00906

PCJF wins settlement in illegal arrest case in D.C.

No Court

Nov. 10, 2009

Nov. 10, 2009

Press Release
208

1:03-cv-00906

Joint Motion for Order Dismissing Case With Prejudice

Nov. 13, 2009

Nov. 13, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4727691/bolger-v-district-of-columbia/

Last updated Oct. 29, 2026, 8:40 p.m.

Docket for: BOLGER v. DISTRICT OF COLUMBIA
ECF Number Date Description Link
1 April 21, 2003

COMPLAINT against ARTHUR BROWN, MICHAEL CARRUTH, DISTRICT OF COLUMBIA, JOHN AND JANE DOE, MALCOLM FORBES, ANDREA LATSON, C. MEYLA, RAYMOND MINCEY, WENDY PAYNE, CHARLES H. RAMSEY, ANDRIAN SANDERS, UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERS (Filing fee $ 150.), filed by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN.(mpt, ) (Entered: 04/22/2003)

RECAP
April 21, 2003

SUMMONS Not Issued as to ARTHUR BROWN ; MICHAEL CARRUTH ; DISTRICT OF COLUMBIA ; JOHN AND JANE DOE ; MALCOLM FORBES ; ANDREA LATSON ; C. MEYLA ; RAYMOND MINCEY ; WENDY PAYNE ; CHARLES H. RAMSEY ; ANDRIAN SANDERS ; UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERS (mpt, )

April 24, 2003

Summons (10) Issued as to ARTHUR BROWN, MICHAEL CARRUTH, DISTRICT OF COLUMBIA, MALCOLM FORBES, ANDREA LATSON, C. MEYLA, RAYMOND MINCEY, WENDY PAYNE, CHARLES H. RAMSEY, ANDRIAN SANDERS. (mpt, )

2 July 3, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 6/26/2003, answer due 7/16/2003 (nmw, ) (Entered: 07/07/2003)

RECAP
3 July 3, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES H. RAMSEY served on 6/26/2003, answer due 7/16/2003 (nmw, ) (Entered: 07/07/2003)

RECAP
4 July 15, 2003

MOTION for Extension of Time to Respond to the Complaint by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (DeBerardinis, Robert) (Entered: 07/15/2003)

RECAP
July 18, 2003

MINUTE ENTRY: Upon consideration of 4 Motion for Extension of Time to Respond to Complaint, it is hereby ORDERED that the motion is GRANTED. Defendants' time to respond to the complaint is extended until August 18, 2003. Signed by Judge John D. Bates on 7/18/03. (lcjdb2)

5 Aug. 15, 2003

Consent MOTION for Extension of Time to Effect Service of Process by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Wolfe, Zachary) (Entered: 08/15/2003)

RECAP
6 Aug. 18, 2003

ANSWER to Complaint by DISTRICT OF COLUMBIA.(DeBerardinis, Robert) (Entered: 08/18/2003)

RECAP
7 Aug. 18, 2003

MOTION to Dismiss by CHARLES H. RAMSEY. (DeBerardinis, Robert) (Entered: 08/18/2003)

RECAP
Aug. 20, 2003

MINUTE ENTRY: Upon consideration of 5 Motion for Extension of Time to Serve Complaint, it is hereby ORDERED that the motion is GRANTED. Plaintiffs' time to serve the complaint is extended until October 16, 2003. Signed by Judge John D. Bates on 8/20/03. (lcjdb2)

8 Sept. 2, 2003

MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Wolfe, Zachary) (Entered: 09/02/2003)

RECAP
9 Sept. 2, 2003

NOTICE by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY re 8 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss (DeBerardinis, Robert) (Entered: 09/02/2003)

RECAP
10 Sept. 16, 2003

MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss by ELIZABETH ANN BOLGER. (Messineo, Carl) (Entered: 09/16/2003)

RECAP
11 Sept. 22, 2003

Upon consideration of [8 & 10] Plaintiffs' motions for extension of time to file response/reply as to 7 Defendant's motion to dismiss, it is hereby ORDERED that Plaintiff's motions are GRANTED. Plaintiffs may file a response or reply by not later than September 23, 2003. Signed by Judge John D. Bates on 09/22/03. (lcjdb2) (Entered: 09/22/2003)

RECAP
12 Sept. 23, 2003

MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss by ELIZABETH ANN BOLGER. (Messineo, Carl) (Entered: 09/23/2003)

RECAP
13 Sept. 30, 2003

RESPONSE to Motion to Dismiss filed by defendant Chief Charles Ramsey filed by ELIZABETH ANN BOLGER. (Messineo, Carl) (Entered: 09/30/2003)

RECAP
14 Oct. 2, 2003

MOTION for Discovery in Advance of Rule 26(f) Conference, for Purpose of Ascertaining the Identity and Address of Individual Defendant Officers by ELIZABETH ANN BOLGER. (Messineo, Carl) (Entered: 10/02/2003)

RECAP
15 Oct. 15, 2003

Second MOTION for Extension of Time to Effect Service of Process by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Messineo, Carl) (Entered: 10/15/2003)

RECAP
16 Oct. 17, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL CARRUTH served on 10/14/2003, answer due 11/3/2003 (Messineo, Carl) (Entered: 10/17/2003)

RECAP
17 Oct. 28, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDRIAN SANDERS served on 10/20/2003, answer due 11/10/2003 (Messineo, Carl) (Entered: 10/28/2003)

RECAP
18 Oct. 28, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ARTHUR BROWN served on 10/20/2003, answer due 11/10/2003 (Messineo, Carl) (Entered: 10/28/2003)

RECAP
19 Oct. 31, 2003

ORDER granting 15 plaintiffs' second motion to enlarge time to effect service of process. Service of process shall be completed by not later than December 15, 2003. Signed by Judge John D. Bates on 10/31/03. (lcjdb2) (Entered: 10/31/2003)

RECAP
20 Oct. 31, 2003

ORDER granting 14 plaintiffs' motion for limited discovery in advance of Rule 26(f) conference. Signed by Judge John D. Bates on 10/31/03. (lcjdb2) (Entered: 10/31/2003)

RECAP
21 Nov. 6, 2003

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WENDY PAYNE served on 10/30/2003, answer due 11/19/2003 (Messineo, Carl) (Entered: 11/06/2003)

RECAP
22 Dec. 18, 2003

ORDER granting 7 defendant Charles H. Ramsey's motion to dismiss the complaint as to him. Signed by Judge John D. Bates on 12/18/03. (lcjdb2) (Entered: 12/18/2003)

RECAP
23 Dec. 18, 2003

ORDER setting an initial scheduling conference for January 23, 2004, at 9:00 a.m. Signed by Judge John D. Bates on 12/18/03. (lcjdb2) (Entered: 12/18/2003)

RECAP
24 Jan. 7, 2004

MOTION for Entry of Default For Defendants Arthur Brown, Michael Carruth, Wendy Payne and Adrian Sanders by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Attachments: # 1 Affidavit return of service for Arthur Brown# 2 Affidavit Return of service, Michael Carruth# 3 Affidavit Return of service, Wendy Payne# 4 Affidavit Return of service, Adrian Sanders# 5 Exhibit Printout of docket / case filing history as of Jan 7, 2004)(Messineo, Carl) (Entered: 01/07/2004)

RECAP
25 Jan. 8, 2004

MOTION for Extension of Time to File Answer re 1 Complaint, by ARTHUR BROWN, MICHAEL CARRUTH, WENDY PAYNE, ANDRIAN SANDERS. (Attachments: # 1 Text of Proposed Order # 2 answer)(DeBerardinis, Robert) (Entered: 01/08/2004)

RECAP
Jan. 9, 2004

MINUTE ENTRY: Upon consideration of 25 the consent motion of defendants Brown, Carruth, Payne, and Sanders for an enlargment of time to file an answer to the complaint and of the entire record, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall file an answer by not later than January 16, 2004. Signed by Judge John D. Bates on 01/09/04. (lcjdb2)

26 Jan. 11, 2004

ANSWER to Complaint by ARTHUR BROWN, MICHAEL CARRUTH, WENDY PAYNE, ANDRIAN SANDERS.(DeBerardinis, Robert) (Entered: 01/11/2004)

RECAP
Jan. 12, 2004

MINUTE ENTRY: Defendants Brown, Carruth, Payne, and Sanders filed 26 an answer to plaintiffs' complaint on January 11, 2004. Accordingly, it is hereby ORDERED that 24 plaintiffs' motion for entry of default is DENIED. Signed by Judge John D. Bates on 01/12/04. (lcjdb2)

27 Jan. 15, 2004

REPORT of Rule 26(f) Planning Meeting. (Messineo, Carl) (Entered: 01/15/2004)

RECAP
Jan. 16, 2004

Set/Reset Hearings: Scheduling Conference set for 1/23/2004 09:00 AM before Judge John D. Bates. (tb)

28 Jan. 23, 2004

SCHEDULING ORDER signed by Judge John D. Bates on 01/23/04. (lcjdb2) (Entered: 01/23/2004)

RECAP
Jan. 23, 2004

Minute Entry Initial Scheduling Conference held on 1/23/2004 before Judge John D. Bates: Status Conference set for 5/25/2004 09:00 AM before Judge John D. Bates. Additional status conference set for 09/14/04 @ 9:00 AM.(Court Reporter Bryan Wayne) (tb)

29 Feb. 5, 2004

ANSWER to Complaint by ANDREA LATSON, RAYMOND MINCEY.(DeBerardinis, Robert) (Entered: 02/05/2004)

RECAP
30 Feb. 26, 2004

ENTERED IN ERROR.....ANSWER to Complaint by MALCOLM FORBES.(DeBerardinis, Robert) Modified on 3/9/2004 (bcs, ). (Entered: 02/26/2004)

RECAP
31 March 9, 2004

ANSWER to Complaint by MALCOLM FORBES.(DeBerardinis, Robert) (Entered: 03/09/2004)

RECAP
March 9, 2004

"NOTICE OF CORRECTED DOCKET ENTRY. Document No. 30 was entered in error and counsel was instructed to refile the answer to the complaint." (bcs, )

32 April 1, 2004

Consent MOTION for Discovery Orders Authorizing the Release of Relevant Records in the Possession of the Clerk, D.C. Superior Court, the Department of Justice, and the D.C. Metropolitan Police Department by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Messineo, Carl) (Entered: 04/01/2004)

RECAP
33 April 2, 2004

ORDER on 32 plaintiffs' consent motion for the release of various records. Signed by Judge John D. Bates on 04/02/04. (lcjdb2) (Entered: 04/02/2004)

RECAP
May 25, 2004

Minute Entry Status Conference held on 5/25/2004 before Judge John D. Bates: (Court Reporter Bryan Wayne) (tb)

Sept. 24, 2004

Minute Entry Status Conference held on 9/24/2004 before Judge John D. Bates: Proposed Modified Scheduling Order due by 9/29/2004. Status Conference set for 3/24/2005 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb)

34 Sept. 29, 2004

NOTICE by ELIZABETH ANN BOLGER, ARTHUR BROWN, MICHAEL CARRUTH, NICOLE DAVIS, DISTRICT OF COLUMBIA, MALCOLM FORBES, HELEN JOHNSON, JESSICA LAHOOD, ANDREA LATSON, C. MEYLA, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, RAYMOND MINCEY, WENDY PAYNE, CHARLES H. RAMSEY, BRIAN ROSA, ANDRIAN SANDERS, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN re Status Conference, Set Deadlines/Hearings,, (Messineo, Carl) (Entered: 09/29/2004)

RECAP
35 Oct. 1, 2004

ORDER adopting parties' proposed scheduling order. Signed by Judge John D. Bates on 10/1/04. (lcjdb2) (Entered: 10/01/2004)

RECAP
Oct. 1, 2004

Set/Reset Deadlines: Amendments to Complaint due by 11/24/2004. Close of Discovery on 3/24/2005. Dispositive Motions due by 4/23/2005. Oppositions to Dispositive Motions due by 5/24/2005. Replies to Dispositive Motions due by 6/7/2005. Status hearing scheduled for 3/24/2005 at 9:00 a.m. (lcjdb2)

36 Nov. 24, 2004

MOTION for Extension of Time to Amend Set/Reset Deadlines, to File Amendments to Complaint by ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD, NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN. (Messineo, Carl) (Entered: 11/24/2004)

RECAP
Nov. 27, 2004

MINUTE ORDER: Upon consideration of 36 plaintiff's motion for an extension of time to amend the Complaint, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that any amendments to the complaint shall be filed by not later than December 24, 2004. Signed by Judge John D. Bates on 11/27/2004. (lcjdb2)

Nov. 27, 2004

Set/Reset Deadlines: Amended Complaint due by 12/24/2004. (lcjdb2)

37 Dec. 27, 2004

MOTION for Leave to File Amendment to the Complaint to Add Mark Beach as an Individual Defendant by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD. (Attachments: # 1 Exhibit First Amended Complaint)(Messineo, Carl) (Entered: 12/27/2004)

RECAP
38 Jan. 7, 2005

NOTICE of Appearance by Thomas Louis Koger on behalf of DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS (Koger, Thomas) (Entered: 01/07/2005)

RECAP
39 Jan. 7, 2005

Memorandum in opposition to motion re 37 Plaintiffs' Motion For Leave To Amend Complaint To Add Mark Beach As A Defendant filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order Proposed Order Granting In Part And Denying In Part Plaintiffs' Motion To Amend Complaint To Add Mark Beach As A Defendant)(Koger, Thomas) (Entered: 01/07/2005)

RECAP
40 Jan. 25, 2005

MOTION for Extension of Time to File Response/Reply as to 39 Memorandum in Opposition,, 37 MOTION for Leave to File Amendment to the Complaint to Add Mark Beach as an Individual Defendant by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD. (Messineo, Carl) (Entered: 01/25/2005)

RECAP
Jan. 25, 2005

MINUTE ENTRY: Upon consideration of 40 plaintiffs' motion for enlargement of time nunc pro tunc, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiffs shall file any reply brief in support of their motion for leave to amend the complaint by not later than February 14, 2005. Signed by Judge John D. Bates on 1/25/2005. (lcjdb2)

Jan. 25, 2005

Set/Reset Deadlines: Reply due by 2/14/2005. (lcjdb2)

41 Feb. 22, 2005

Consent MOTION for Extension of Time to File Reply In Support of Motion for Leave to Amend Complaint to Add Mark Beach as an Individual Defendant by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD. (Messineo, Carl) (Entered: 02/22/2005)

RECAP
42 Feb. 22, 2005

REPLY to opposition to motion re 37 Motion for Leave to Amend Complaint to Add Mark Beach as an Individual Defendant filed by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD. (Messineo, Carl) (Entered: 02/22/2005)

RECAP
Feb. 28, 2005

MINUTE ORDER: Upon consideration of 41 plaintiffs' consent motion for an extension of time until February 22, 2005, to file their reply in support of their motion for leave to amend the complaint, it is hereby ORDERED that the motion is GRANTED nun pro tunc. Signed by Judge John D. Bates on 2/28/2005. (lcjdb2)

43 March 17, 2005

Joint MOTION to Continue Joint Motion to Enlarge Discovery And To Enlarge Time To Answer Outstanding Discovery Requests And To Continue the Status Conference by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, ELIZABETH ANN BOLGER, C. MEYLA, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS, JOHN AND JANE DOE, UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERS, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD. (Parris, Lori) (Entered: 03/17/2005)

RECAP
44 March 17, 2005

Joint MOTION for Extension of Time to Complete Discovery by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS, UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERS (see docket entry no. 43 for document images). (lc, ) (Entered: 03/18/2005)

RECAP
March 21, 2005

Upon consideration of 43 & 44 the parties' joint motions for an extension of time, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that written discovery shall be completed by not later than April 30, 2005; that discovery shall be completed by not later than September 30, 2005; and that the status conference previously scheduled for March 24, 2005, be continued to April 4, 2005, at 9:15 a.m. Signed by Judge John D. Bates on 3/21/2005. (lcjdb2)

March 21, 2005

Set Deadlines/Hearings: Written discovery due by 4/30/2005. Discovery due by 9/30/2005. Status Conference set for 4/4/2005 09:15 AM before Judge John D. Bates. (lcjdb2)

April 4, 2005

Minute Entry Status Conference held on 4/4/2005 before Judge John D. Bates: Status Conference set for 9/27/2005 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryant Wayne) (tb)

April 4, 2005

MINUTE ORDER: Upon consideration of 37 plaintiffs' motion for leave to amend the complaint and the status conference held on this date, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part; it is further ORDERED that plaintiffs shall file an Amended Complaint that adds Mark Beach as a defendant only as to the claims arising under 42 U.S.C. 1983 by not later than April 15, 2005; and it is further ORDERED that a status conference is set for September 27, at 9:00 a.m. Signed by Judge John D. Bates on 4/4/2005. (lcjdb2)

April 4, 2005

Set Deadlines/Hearings: Amended Complaint due by 4/15/2005. Status Conference set for 9/27/2005 09:00 AM before Judge John D. Bates. (lcjdb2)

45 April 15, 2005

FIRST AMENDED COMPLAINT against MARK BEACH, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, C. MEYLA, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS, JOHN AND JANE DOE, UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERSfiled by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, TODD SPALT, JENNIFER ZIMMERMAN, ELIZABETH ANN BOLGER, NICOLE DAVIS, HELEN JOHNSON, JESSICA LAHOOD.(nmw, ) (Entered: 04/18/2005)

RECAP
46 April 29, 2005

ANSWER to Amended Complaint by MARK BEACH, DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS.(Parris, Lori) (Entered: 04/29/2005)

RECAP
Sept. 27, 2005

Minute Entry Status Conference held on 9/27/2005 before Judge John D. Bates : Discovery closes by 3/27/2006. Status Conference set for 2/3/2006 09:15 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne.) (tb)

Sept. 27, 2005

MINUTE ORDER: Upon consideration of the parties' joint motion for an extension of time to complete discovery, presented orally at the status conference with the Court held on this date, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the parties shall complete discovery by not later than March 27, 2006; and it is further ORDERED that the parties shall appear for a status conference with the Court at 9:15 a.m. on February 3, 2006. Signed by Judge John D. Bates on 9/27/2005. (lcjdb2)

Sept. 27, 2005

Set Deadlines/Hearings: Discovery due by 3/27/2006. Status Conference set for 2/3/2006 09:15 AM before Judge John D. Bates. (lcjdb2)

47 Dec. 22, 2005

NOTICE of Appearance by Caroline M. Mew on behalf of MARK BEACH, DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS (Mew, Caroline) (Entered: 12/22/2005)

RECAP
48 Jan. 4, 2006

NOTICE OF WITHDRAWAL OF APPEARANCE as to MARK BEACH, DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS. Attorney Thomas Louis Koger and Lori S. Parris terminated. (Parris, Lori) (Entered: 01/04/2006)

RECAP
49 Jan. 10, 2006

Consent MOTION for Extension of Time to Respond to Requests for Production of Documents by MARK BEACH, DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Mew, Caroline) (Entered: 01/10/2006)

RECAP
Jan. 10, 2006

MINUTE ORDER: Upon consideration of 49 defendants' consent motion for an extension of time to respond to plaintiffs' third set of requests for production of documents, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendants shall respond to the requests for production by not later than January 25, 2006. Signed by Judge John D. Bates on 1/10/2006. (lcjdb2)

50 Feb. 1, 2006

NOTICE OF SUBSTITUTION OF COUNSEL by Carl James Schifferle on behalf of MARK BEACH, DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS Substituting for attorney Robert A. DeBerardinis, Jr. (Schifferle, Carl) (Entered: 02/01/2006)

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Feb. 3, 2006

MINUTE ORDER: Based upon the representations of counsel regarding the status of discovery in this matter, it is hereby ORDERED that the Court will hold a discovery scheduling conference with the parties on February 15, 2006, at 10:00 a.m. in Courtroom 8. Signed by Judge John D. Bates on 2/3/2006. (lcjdb2)

Feb. 3, 2006

Set/Reset Hearings: Discovery Scheduling Conference set for 2/15/2006 10:00 AM in Courtroom 8 before Judge John D. Bates. (lcjdb2)

Feb. 3, 2006

Minute Entry Status Conference held on 2/3/2006 before Judge John D. Bates : (Court Reporter Bryan Wayne) (tb)

51 Feb. 14, 2006

NOTICE OF WITHDRAWAL OF APPEARANCE as to MARK BEACH, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS, UNKNOWN DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT OFFICERS. Attorney Caroline M. Mew terminated. (Mew, Caroline) (Entered: 02/14/2006)

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52 Feb. 14, 2006

NOTICE of Appearance by Michael P. Bruckheim on behalf of MARK BEACH, DISTRICT OF COLUMBIA, ARTHUR BROWN, MICHAEL CARRUTH, MALCOLM FORBES, ANDREA LATSON, RAYMOND MINCEY, WENDY PAYNE, ANDRIAN SANDERS (Bruckheim, Michael) (Entered: 02/14/2006)

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Feb. 15, 2006

MINUTE ORDER: Based upon the parties' representations at the discovery scheduling conference held on this date, it is hereby ORDERED that the discovery schedule in this action is modified as follows: Defendants shall provide plaintiffs with supplemental answers to interrogatories by not later than March 10, 2006; defendants shall provide plaintiffs with supplemental responses to requests for production of documents and other materials by not later than March 31, 2006; the parties shall submit joint status reports on the progress of discovery on April 7, 2006, and May 5, 2006; and the parties shall complete all discovery by not later than July 31, 2006. It is further ORDERED that the parties shall inform the Court by not later than February 28, 2006, if they have failed to reach an agreement on a proposed protective order covering certain matters relating to the employment of defendant Mark Beach. Signed by Judge John D. Bates on 2/15/2006. (lcjdb2)

Feb. 15, 2006

Minute Entry Discovery Hearing held on 2/15/2006for proceedings held before Judge John D. Bates : SEE MINUTE ORDER PREVIOUSLY ENTERED FOR DETAILS. (Court Reporter Chrystal Pilgrim) (tb, )

53 Feb. 28, 2006

NOTICE Joint Notice of Dispute and Request for Briefing Schedule by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit Exhibit A)(Vricos, James) (Entered: 02/28/2006)

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March 1, 2006

MINUTE ORDER: Upon consideration of 53 the parties' joint request for a briefing schedule with respect to a proposed protective order, it is hereby ORDERED that, in the event the parties remain unable to resolve their dispute over the need for a protective order to prevent public disclosure of materials contained in the personnel file of defendant Mark Beach, defendants shall file a motion for entry of a protective order by not later than March 31, 2006; and it is further ORDERED that any opposition to such a motion is due by not later than April 28, 2006, and any reply by defendants is due by not later than May 15, 2006. Signed by Judge John D. Bates on 3/1/2006. (lcjdb2)

54 March 6, 2006

NOTICE of Acceptance with Offer of Judgment by TODD SPALT, JENNIFER ZIMMERMAN, NICOLE DAVIS (Attachments: # 1 Exhibit)(Messineo, Carl) (Entered: 03/06/2006)

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55 March 6, 2006

CONSENT JUDGMENT pursuant to Fed. R. Civ. P. 68 against defendant District of Columbia and in favor of plaintiffs Nicole Davis, Todd Spalt, and Jennifer Zimmerman. Signed by Judge John D. Bates on 3/6/2006. (lcjdb2) (Entered: 03/06/2006)

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56 March 20, 2006

MOTION for Attorney Fees by TODD SPALT, JENNIFER ZIMMERMAN, NICOLE DAVIS. (Messineo, Carl) (Entered: 03/20/2006)

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57 March 20, 2006

Consent MOTION for Extension of Time to Submit Briefing on Motion for Attorneys Fees by TODD SPALT, JENNIFER ZIMMERMAN, NICOLE DAVIS. (Messineo, Carl) Modified on 3/21/2006 (nmw, ). (Entered: 03/20/2006)

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58 March 24, 2006

MINUTE ORDER: Upon consideration of 57 plaintiffs' consent motion for leave to supplement 56 the motion for attorney's fees on behalf of plaintiffs Davis, Spalt, and Zimmerman, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiffs shall file any supplement to their motion for attorney's fees by not later than April 17, 2006; and it is further ORDERED that, in the event the parties are unable to reach an agreement on the amount of fees, defendant shall file an opposition to the motion by not later than May 17, 2006. Signed by Judge John D. Bates on 3/24/2006. (lcjdb2) (Entered: 03/24/2006)

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59 March 31, 2006

MOTION for Protective Order by MARK BEACH, DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A (Letter 1/25/06)# 3 Exhibit B (Klein Declaration))(Schifferle, Carl) (Entered: 03/31/2006)

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60 April 5, 2006

NOTICE of Change of Address by Carl L. Messineo (Messineo, Carl) (Entered: 04/05/2006)

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61 April 7, 2006

STATUS REPORT by DISTRICT OF COLUMBIA. (Bruckheim, Michael) (Entered: 04/07/2006)

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62 April 7, 2006

NOTICE of Appearance by Julie Steptoe Lee on behalf of all defendants (Lee, Julie) (Entered: 04/07/2006)

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63 April 7, 2006

STATUS REPORT by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, ELIZABETH ANN BOLGER, HELEN JOHNSON, JESSICA LAHOOD. (Messineo, Carl) (Entered: 04/07/2006)

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64 April 14, 2006

Consent MOTION for Extension of Time to File Supplement to Motion for Attorney's Fee by TODD SPALT, JENNIFER ZIMMERMAN, NICOLE DAVIS. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 04/14/2006)

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April 14, 2006

MINUTE ORDER: Upon consideration of 64 plaintiffs' consent motion for an extension of time to supplement 56 the motion for attorney's fees on behalf of plaintiffs Davis, Spalt, and Zimmerman, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiffs shall file any supplement to their motion for attorney's fees by not later than May 1, 2006; and it is further ORDERED that, in the event the parties are unable to reach an agreement on the amount of fees, defendant shall file an opposition to the motion by not later than May 31, 2006. Signed by Judge John D. Bates on 4/14/2006. (lcjdb2)

April 18, 2006

MINUTE ORDER: Based upon the representations of counsel regarding the status of discovery in this matter, it is hereby ORDERED that the Court will hold a discovery conference with the parties on May 2, 2006, at 10:15 a.m. in Courtroom 8, and it is further ORDERED that the parties shall submit by not later than 12:00 p.m. on May 1, 2006, a status report, not to exceed three (3) pages in length, outlining any remaining issues related to document discovery as well as any other discovery disputes that require the Court's attention. Signed by Judge John D. Bates on 4/18/2006. (lcjdb2)

April 18, 2006

Set/Reset Hearings: Discovery Conference set for 5/2/2006 10:15 AM in Courtroom 8 before Judge John D. Bates. (lcjdb2)

65 April 28, 2006

Consent MOTION to Seal File Under Seal Opposition to Defendants' Motion for Protective Order by NATHANIEL MEYSENBURG, TIMOTHY MEYSENBURG, BRIAN ROSA, FRANCIS SCHLEICHER, DEBRA SMITH, ELIZABETH ANN BOLGER, HELEN JOHNSON, JESSICA LAHOOD. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 04/28/2006)

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 21, 2003

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protestors at an anti-war protest in Washington, D.C. who were wearing all-black

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

District of Columbia

United States

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Criminal Conspiracy to Violate Federal Rights, 18 U.S.C. § 241

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of District of Columbia 1:03-cv-00906

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 450000

Issues

General/Misc.:

Failure to train

Pattern or Practice

Records Disclosure

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

False arrest

Recommended Citation