Case: Barham v. Ramsey

1:02-cv-02283 | U.S. District Court for the District of Columbia

Filed Date: Nov. 19, 2002

Closed Date: 2018

Clearinghouse coding complete

Case Summary

The initial plaintiffs in this case were a group of twenty-two individuals who were arrested in September 2002 at a mass political demonstration in Washington, D.C. On November 19, 2002, they filed suit in the United States District Court for the District of Columbia under 28 U.S.C §§ 1331 and 1343 against a number of municipal and federal defendants, including the D.C. Metropolitan Police Department (MPD), Chief of Police Charles Ramsey of the Metropolitan Police Department, the District of Co…

The initial plaintiffs in this case were a group of twenty-two individuals who were arrested in September 2002 at a mass political demonstration in Washington, D.C. On November 19, 2002, they filed suit in the United States District Court for the District of Columbia under 28 U.S.C §§ 1331 and 1343 against a number of municipal and federal defendants, including the D.C. Metropolitan Police Department (MPD), Chief of Police Charles Ramsey of the Metropolitan Police Department, the District of Columbia, the Mayor D.C. Anthony Williams, Secretary of the Interior Gale Norton, Attorney General John Ashcroft, the U.S., and other unidentified officers and law enforcement agencies.

Represented by the Partnership for Civil Justice and the National Lawyers Guild Mass Defense Committee, the plaintiffs claimed they were falsely arrested and imprisoned without probable cause, depriving them of their rights under the First and Fourth Amendments. The plaintiffs further alleged the defendants--in violation of the Equal Protection Clause--processed and treated them differently than others arrested for minor offenses. Finally, the plaintiffs accused the arresting officials of negligence, as well as negligent supervision on the part of their supervisors. This case was one of a number filed or pending around that time against the Metropolitan Police Department and relating to its handling of mass demonstrations.

The plaintiffs amended their complaint three times to include a charge of deliberate indifference to constitutional rights against the arresting officers' supervisors and to propose a class of plaintiffs consisting of all persons--about 400 in total--who were arrested in Pershing Park September 27, 2002. In amending their complaint, the plaintiffs also added a new municipal defendant, Peter Newsham, Assistant Chief of Police, as well as a new federal defendant, Richard Murphy, who was the acting Commander of the Special Forces Branch of the U.S. Park Police.

The MPD, according to the complaint, had a practice of of deploying its Civil Disturbance Units for the purpose of disturbing and disrupting protests and demonstrations. And the CDU was successful doing so, though by means of allegedly unconstitutional tactics, resulting in false arrest and imprisonment. One tactic of note was the CDU's "box-in" technique, in which CDU officers (clad in full riot gear) trap individuals--protestors and civilians alike--by surrounding them on all sides, foreclosing any chance of escape, then arresting them. In this manner the CPD not only curtailed but also deterred the exercise of constitutionally protected rights.

The second aspect of the MPD's allegedly unconstitutional practices ensued after the arrests. The plaintiffs claimed the MPD disparately treated individuals arrested for minor offenses in connection with mass demonstrations. Those arrested simply for minor offenses (i.e., not in connection with any demonstration) were given the "post and trial" option, receiving quick release from jail in exchange for offering up collateral, and for which they also received a trial date for challenging the legality of their arrest. On the other hand, those individuals arrested for minor offenses in connection with demonstrations were released instead by "posting and forfeiting." In exchange for their release, they were instructed they had to forfeit their chance to challenge the legality of their arrest. As a result, they faced a longer confinement solely because they wished to challenge the legality of their arrest. This disparate treatment, the plaintiffs claimed, was the denial of equal protection under the law.

The plaintiffs alleged that the FBI used the mass arrests as a mass intelligence gathering operation, with the MPD soliciting--then providing the FBI--identification information from those it falsely arrested as a condition of their release. Thus the FBI compiled intelligence on political activists, their activities, and others who either associated with them or simply happened to be in their proximity.

The plaintiffs requested declaratory judgment that the MPD's practice of disrupting and preventing political protests without justification violated the plaintiffs' rights under First and Fourth Amendments and the plaintiffs sought a permanent injunction prohibiting such tactics. Among other forms of relief--including compensatory and punitive damages--the plaintiffs requested the Court mandate the MPD treat those arrested for minor offenses in connection with mass demonstrations just as it does those arrested simply for minor offenses, by enjoining it from (1) subjecting them to a harsher period of processing and confinement, (2) threatening or instituting longer periods of confinement for those who wish to challenge the legality of their arrest, and (3) offering them the "post and forfeit" option instead of the customary "post and trial" option. As to the federal defendants, the plaintiffs requested a permanent injunction barring the Department of Justice from accessing information relating to arrests at mass demonstrations made by local law enforcement authorities.

On September 24, 2003, the Court (Judge Emmet G. Sullivan) approved certification of the plaintiffs' proposed class, finding their circumstances of their arrest were virtually identical, all resulting from a single action in which the arrestees were treated as a single group by law enforcement.

The individual municipal defendants moved for dismissal on the grounds of qualified immunity. The court ruled Williams was entitled to qualified immunity on the false arrest and excessive force claims, as was Ramsey with respect to the latter. 338 F. Supp. 2d 48, 52. Because there was an issue of fact regarding if Ramsey knew whether a dispersal order had been given before the plaintiffs at Pershing Park were arrested, the court determined qualified immunity for Ramsey for the false arrest claims was inappropriate. Id. at 62. The court also found Newsham was not entitled to qualified immunity. Id. at 57. Finally, the court held the MPD's failure to offer arrestees post and trial did not violate the Equal Protection Clause, explaining there was no evidence that the plaintiffs were treated differently than other groups of arrestees regarding the availability of the "post and trial" option. Id. at 70.

The federal defendants also moved for dismissal on the grounds of qualified immunity, arguing in addition that the plaintiffs lacked standing to bring their claims for injunctive relief. The Court denied the defendants' standing argument, finding the plaintiffs had shown injury, causation, and redressability--and explaining that the U.S. Park Police not only participated in the arrests at Pershing Park but also could have reasonably understood there was no probable cause for arresting every person in the park. 2007 WL 2007335 at * 6. The Court next determined that defendant Murphy was not entitled to qualified immunity because his alleged conduct--participating in a mass-arrest undertaken without probable cause--violated a clearly established constitutional right. Id. at *10. Defendant Murphy also challenged the § 1983 claim against him, arguing there was no evidence he was acting under color of state law at the time of the mass arrest. The court rejected this argument, too, finding evidence that state and federal officials acted in concert to carry out the mass arrest and noting Murphy and the Park Police acted with the encouragement and at the request of the MPD. Id. at *11. The Court also found the FBI's motion for summary judgment was premature because not enough discovery had been performed. Id. at *11.

In March 2010 the plaintiffs and municipal defendants filed a motion for preliminary approval of a class settlement. The parties observed that, as a result of this and similar contemporaneous lawsuits, the Council of the District of Columbia had enacted the "First Amendment Rights and Police Standards Act of 2004," which was specifically crafted to provide the relief plaintiffs sought, thus eliminating their need for equitable relief from the Court. No recurrence of "box in" mass arrests of protestors had taken place since the Act took effect. In addition, there had been favorable developments for the plaintiffs as a result of settlements from similar cases targeting the MPD's practices. See, Becker v. District of Columbia, Docket No. 1:01-cv-00811 (D.D.C. Apr. 13, 2001); Int'l Action Ctr. v. United States, Docket No. 1:01-cv-00072 (D.D.C. Jan. 16, 2001).

The plaintiffs noted their satisfaction at having implicitly received declaratory judgment from Judge Sullivan's opinions. E.g., 338 F. Supp. 2d 48, 58 (identifying the "'bright line rule' that 'where a group contains persons who have not been violent or obstructive, police may not mass arrest the demonstration as a group without fair warning or notice and the opportunity to come into compliance and disperse'"); 434 F. 3d 565, 575 (holding, under the Fourth Amendment, only "when compelling circumstances are present, the police may be justified in detaining an undifferentiated crowd of protestors, but only after providing a lawful order to disperse followed by a reasonable opportunity to comply with that order"). And by a previous order of Judge Sullivan, the class had received expungement of the arrest from their records.

The District agreed to allocate $8.25 million from its Judgment and Settlement Fund for the class settlement. Under the settlement, each enrolled member would receive $16,000, and attorneys fees and costs were also included, totaling about $2.5 million.

The District additionally agreed to allocate funds for implementing a document management system to prevent evidence loss or destruction, which apparently had occurred during this case. Under its new system, the agreement stipulated, the MPD would preserve and index records relating to mass demonstrations and protests, and the MPD would report to plaintiffs' representatives and the Court every six months during the three-year enforcement period of three years, during which time the Court retained jurisdiction to ensure compliance.

The Court approved the parties' motion on September 22, 2010. Following the fairness hearing, in September 2010 the parties submitted--and the court approved--the final settlement agreement. Over the next several year, the parties engaged in enforcement activities, provided status reports, and moved for attorneys fees. Negotiations between the plaintiffs and the federal defendants continued.

On May 10, 2015, the plaintiffs and the federal defendants jointly moved for preliminary approval of a proposed class settlement. The following day the court granted the motion. Under the terms of the agreement, the defendants were required to pay a class-wide monetary settlement totaling $2,208,000 and to changes the U.S. Park Police policies and practices regarding mass arrest. The agreement was set to expire three years after the latest occurrence of either the grant of final approval, the disposition of all appeals, or the denial or all appeals. The court retained jurisdiction to enforce the agreement.

On July 1, 2015, the parties moved for final approval of the agreement following the fairness hearing. After the court granted final approval on July 8, 2015, the plaintiffs filed a stipulation of dismissal as to the defendant FBI. The court dismissed the FBI as a defendant on July 28, 2015. As of July 10, 2018, there is no indication of non-compliance following final approval. As such the settlement terminated on July 8, 2018, three years after the grant of final approval. The case is presumably closed.

Summary Authors

David Postel (2/25/2014)

Jake Parker (7/10/2018)

Related Cases

Chang v. US, District of Columbia (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4497809/parties/barham-v-ramsey/


Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Messineo, Carl L (District of Columbia)

Miller, Radhika M.S. (District of Columbia)

Onisko, Merrilyn Anne (District of Columbia)

Verheyden-Hilliard, Mara E (District of Columbia)

Wolfe, Zachary J. (District of Columbia)

Attorneys(s) for Defendant

Bradford, Michelle Nicole (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Messineo, Carl L (District of Columbia)

Miller, Radhika M.S. (District of Columbia)

Onisko, Merrilyn Anne (District of Columbia)

Verheyden-Hilliard, Mara E (District of Columbia)

Wolfe, Zachary J. (District of Columbia)

Attorneys(s) for Defendant

Bradford, Michelle Nicole (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Buckley, David W. (District of Columbia)

Copeland, Chad Wayne (District of Columbia)

Corn, Gary Philip-Matthew (District of Columbia)

Curry, Lauren Elizabeth (New York)

Deso, Robert Edward (District of Columbia)

Efros, Ellen A. (District of Columbia)

Faust, John Martin (District of Columbia)

Frost, Shana Lyn (District of Columbia)

Howard, Roscoe (District of Columbia)

Hudak, Brian P. (District of Columbia)

Johnson, Michelle Nicole (District of Columbia)

Kantor, Jayme (District of Columbia)

Koger, Thomas Louis (District of Columbia)

Lerner, Jacques Phillip (District of Columbia)

Love, Richard Stuart (District of Columbia)

Mullen, Martha J. (District of Columbia)

Nagle, Mark Earl (District of Columbia)

Nickles, Peter J. (District of Columbia)

Parris, Lori S. (District of Columbia)

Pressley, Monique Daniel (District of Columbia)

Shellaway, Justin M. (District of Columbia)

Shine, Edith Margeurita (District of Columbia)

Smith, Peter S. (District of Columbia)

Spagnoletti, Robert J. (District of Columbia)

Taylor, Leah Brownlee (District of Columbia)

Teal, Arabella W. (District of Columbia)

Tuohey, Mark Henry III (District of Columbia)

Utiger, Robert C. (District of Columbia)

Valentine, George C. (District of Columbia)

Other Attorney(s)

Kramer, Jacob A. (District of Columbia)

Schwartz, Daniel C. (District of Columbia)

Snyder, Ivan Jay (District of Columbia)

Sobel, Carol A. (California)

Zetoony, David Alan (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 7, 2015 Docket
1

Complaint

Nov. 19, 2002 Complaint
3

Motion for Class Certification and Notice; Memo in Support

Feb. 7, 2003 Pleading / Motion / Brief
16

First Amended Complaint

Feb. 7, 2003 Complaint
24

District Defendants' Motion to Consolidate and for Enlargements of Time to Respond to the Amended Complaint and the Motion for Class Certification

April 8, 2003 Pleading / Motion / Brief
32

Federal Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment; Federal Defendants' Statement of Material Facts as to which there is No Genuine Issue; Memo in Support

April 25, 2003 Pleading / Motion / Brief
56

Memo Opinion and Order Granting Motion to Certify Class and Denying Motion to Consolidate Cases

Sept. 24, 2003 Order/Opinion
59

Second Amended Complaint

Oct. 3, 2003 Complaint
67

Motion of Defendants Chief Charles H. Ramsey and Mayor Anthony A. Williams to Dismiss the Complaint or, in the alternative, for Summary Judgment

Oct. 15, 2003 Pleading / Motion / Brief
79

Motion of Defendants District of Columbia, Chief Charles H. Ramsey, and Mayor Anthony A. Williams, For Consolidation of Related Cases

Nov. 24, 2003 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4497809/barham-v-ramsey/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against JOHN ASHCROFT, D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, GALE A. NORTON, CHARLES H. RAMSEY, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA, ANTHONY WILLIAMS (Filing fee $ 150.), filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN .(cdw, ) (Entered: 11/22/2002)

Nov. 19, 2002 RECAP
2

NOTICE OF RELATED CASE by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN . Case related to Case No. 01-72 International Action Center, et al v. USA, et al. (cdw, ) (Entered: 11/22/2002)

Nov. 19, 2002 PACER

SUMMONS Not Issued as to JOHN ASHCROFT ; D.C. METROPOLITAN POLICE DEPARTMENT ; DISTRICT OF COLUMBIA ; GALE A. NORTON ; CHARLES H. RAMSEY ; UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES ; UNITED STATES OF AMERICA ; ANTHONY WILLIAMS (cdw, )

Nov. 19, 2002 PACER

Case reassigned to Judge Ricardo M. Urbina. Judge Gladys Kessler no longer assigned to the case. (cdw, )

Nov. 20, 2002 PACER

SUMMONS (3) Issued as to JOHN ASHCROFT ; UNITED STATES OF AMERICA, U.S. Attorney (cdw, )

Nov. 20, 2002 PACER

Summons (6) Issued as to D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS . (cdw, )

Nov. 20, 2002 PACER
3

MOTION to Certify Class and Notice, with Memorandum in Support by MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, MACDONALD SCOTT, JERI WOHLBERG, LESLEY WOOD, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 02/07/2003)

Feb. 7, 2003 PACER
16

AMENDED COMPLAINT against all defendants, filed by DEVON YATES, JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN.(td, ) (Entered: 03/02/2003)

Feb. 7, 2003 PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. (Wolfe, Zachary) Modified on 2/12/2003 (td, ). Modified on 2/12/2003 (td, ). (Entered: 02/12/2003)

Feb. 12, 2003 RECAP
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES OF AMERICA served on 2/7/2003, answer due 4/8/2003. (Wolfe, Zachary) (Entered: 02/12/2003)

237

View on PACER

289

View on PACER

Feb. 12, 2003 RECAP
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 RECAP
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to US Attorney served on 2/7/2003, answer due 4/8/2003. (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 RECAP
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to ANTHONY WILLIAMS, Individual Capacity, served on 2/7/2003, answer due 2/27/2003. (td, ) Modified on 2/14/2003 (td, ). (Entered: 02/14/2003)

Feb. 12, 2003 PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to ANTHONY WILLIAMS, Official Capacity, served on 2/7/2003, answer due 2/27/2003. (td, ) Modified on 2/14/2003 (td, ). Modified on 2/14/2003 (td, ). (Entered: 02/14/2003)

Feb. 12, 2003 PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to GALE A. NORTON served on 2/7/2003, answer due 4/8/2003. (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 RECAP
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. D.C. METROPOLITAN POLICE DEPARTMENT served on 2/7/2003, answer due 2/27/2003 (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES H. RAMSEY served on 2/7/2003, answer due 2/27/2003 (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES H. RAMSEY,Individual Capacity served on 2/7/2003, answer due 2/27/2003 (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 2/7/2003, answer due 2/27/2003 (td, ) (Entered: 02/14/2003)

Feb. 12, 2003 PACER
15

Consent MOTION for Extension of Time to File Answer by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Lerner, Jacques) (Entered: 02/27/2003)

Feb. 27, 2003 PACER
17

ORDER granting 15 Defendants' Consent Motion for Extension of Time to Answer Complaint. Signed by Judge Ricardo M. Urbina on 3/9/03. (Entered: 03/09/2003)

March 9, 2003 PACER
18

ATTORNEY APPEARANCE. (Braswell, Marina) (Entered: 03/12/2003)

March 12, 2003 PACER
19

Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class and Notice, with Memorandum in Support by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 03/12/2003)

March 12, 2003 PACER
20

Memorandum in opposition to motion re 3,plaintiffs' motion to certify the class and for notice, filed by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 03/28/2003)

March 28, 2003 PACER
21

Consent MOTION for Extension of Time to respond to the Complaint by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 04/04/2003)

April 4, 2003 PACER
22

Consent MOTION for Extension of Time to File Response/Reply as to 20 Memorandum in Opposition by Federal Defendants to Motion for Class Certification by MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, MACDONALD SCOTT, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 04/07/2003)

April 7, 2003 PACER
23

ORDER granting nunc pro tunc 19 Federal Defendants' Unopposed Motion for Extension of Time to File Response/Reply, granting 21 Federal Defendants' Unopposed Motion for Extension of Time to, granting 22 Plaintiffs' Consent Motion for Extension of Time to File Response/Reply. Signed by Judge Ricardo M. Urbina on 4/7/03. (Entered: 04/07/2003)

April 7, 2003 PACER
24

MOTION to Consolidate Cases and for Enlargements of Time to Respond to Amended Complaint and to Motion for Class Certification by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Lerner, Jacques) (Entered: 04/08/2003)

April 8, 2003 PACER
25

NOTICE of Appearance by Edith Margeurita Shine on behalf of JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA (Shine, Edith) (Entered: 04/09/2003)

April 9, 2003 PACER

Case Reassigned to Judge Emmet G. Sullivan. Judge Ricardo M. Urbina no longer assigned to the case. (clv, )

April 9, 2003 PACER
26

REPLY in support of motion re 3 filed by MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, MACDONALD SCOTT, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 04/14/2003)

April 14, 2003 PACER
27

Consent MOTION for Extension of Time to File by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 04/17/2003)

April 17, 2003 PACER
28

Memorandum in opposition to motion re 24 consolidating cases filed by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 04/21/2003)

April 21, 2003 PACER
29

MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Consolidate Cases and for Enlargements of Time to Respond to Amended Complaint and to Motion for Class Certification by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 04/22/2003)

April 22, 2003 PACER
30

NOTICE by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN (Wolfe, Zachary) (Entered: 04/23/2003)

April 23, 2003 RECAP
31

Memorandum in opposition to motion re 24 to Consolidate filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 04/23/2003)

April 23, 2003 PACER

ORDER granting, nunc pro tunc, 29 Plaintiffs' Unopposed Motion for Extension of Time to File Response/Reply re 24 MOTION to Consolidate Cases and for Enlargements of Time to Respond to Amended Complaint and to Motion for Class Certification. Response due by 4/23/2003. Signed by Judge Emmet G. Sullivan on April 24, 2003. (lcegs2)

April 24, 2003 PACER
32

MOTION to Dismiss or, in the alternative, for summary judgment by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Attachments: # 1 # 2 Declaration# 3 Declaration)(Braswell, Marina) (Entered: 04/25/2003)

April 25, 2003 PACER

ORDER granting nunc pro tunc 27 Federal Defendants' Unopposed Motion for Extension of Time to File. Signed by Judge Emmet G. Sullivan on May 7, 2003. (GK, )

May 7, 2003 PACER
33

Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 05/08/2003)

May 8, 2003 PACER

ORDER granting 33 Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for Summary Judgment. Responses due by 6/2/2003. Signed by Judge Emmet G. Sullivan on May 16, 2003. (GK, )

May 16, 2003 PACER
34

SCHEDULING ORDER: Motion Hearing set for 6/24/2003 11:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on May 23, 2003. (lcegs2) (Entered: 05/23/2003)

May 23, 2003 PACER
35

MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 06/02/2003)

June 2, 2003 PACER
36

NOTICE of Appearance by Edith Margeurita Shine on behalf of JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA (Shine, Edith) (Entered: 06/04/2003)

June 4, 2003 PACER
37

NOTICE by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN re 35 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment (Wolfe, Zachary) (Entered: 06/04/2003)

June 4, 2003 PACER

ORDER granting 35 Motion for Extension of Time to File Response re 32 MOTION to Dismiss or, in the alternative, for summary judgment. Response due by 6/16/2003. Signed by Judge Emmet G. Sullivan on June 5, 2003.(lcegs2)

June 5, 2003 PACER
38

MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 06/16/2003)

June 16, 2003 PACER
39

SCHEDULING ORDER: Motion Hearing set for 7/9/2003 11:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on June 20, 2003. (lcegs2) (Entered: 06/20/2003)

June 20, 2003 PACER

ORDER granting nunc pro tunc 38 Motion for Extension of Time to File Response/Reply re 32 MOTION to Dismiss or, in the alternative, for summary judgment. Response due by 6/20/2003. Signed by Judge Emmet G. Sullivan on June 20, 2003.(lcegs2)

June 20, 2003 PACER
40

MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment by One Day by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 06/20/2003)

June 20, 2003 PACER
41

Memorandum in opposition to motion re 32 filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Attachments: # 1 Affidavit of Murphy# 2 Exhibit Washington Post Article# 3 Affidavit of Dr. Norton# 4 Affidavit of Falk# 5 Affidavit of Young# 6 Affidavit of Ress# 7 Exhibit photo# 8 Exhibit Washington Post Article# 9 Exhibit Article# 10 Exhibit Genoa photos# 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit)(Wolfe, Zachary) (Entered: 06/23/2003)

June 23, 2003 PACER
42

REPORT of Rule 26(f) Planning Meeting. (Wolfe, Zachary) (Entered: 07/03/2003)

July 3, 2003 PACER
43

Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss or, in the alternative, for summary judgment by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 07/03/2003)

July 3, 2003 PACER
44

MEET AND CONFER STATEMENT. (Braswell, Marina) (Entered: 07/08/2003)

July 8, 2003 PACER
45

SCHEDULING ORDER: Motion Hearing set for 7/9/03 at 11:00 a.m. CONTINUED to 8/4/2003 at 10:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on July 8, 2003. (lcegs2) (Entered: 07/08/2003)

July 8, 2003 PACER
46

Consent MOTION for Extension of Time to File Response/Reply as to 41 Memorandum in Opposition,,, by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 07/09/2003)

July 9, 2003 PACER

ORDER granting 40 Motion for Extension of Time to File Response/Reply, granting 43 Motion for Extension of Time to File Response/Reply, and granting 46 Motion for Extension of Time to File Response/Reply. Signed by Judge Emmet G. Sullivan on July 9, 2003. (GK, )

July 9, 2003 PACER
47

Consent MOTION for Extension of Time to File Response/Reply as to 41 Memorandum in Opposition,,, by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 07/18/2003)

July 18, 2003 PACER

ORDER granting 47 Motion for Extension of Time to File Reply re 32 MOTION to Dismiss or, in the alternative, for summary judgment. Reply due by 7/23/2003. Signed by Judge Emmet G. Sullivan on July 22, 2003. (lcegs2)

July 22, 2003 PACER
48

REPLY to opposition to motion re 32 and opposition to Rule 56(f) motion for discovery 41 filed by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 07/23/2003)

July 23, 2003 PACER
49

Consent MOTION to Continue August 4, 2003 Motions Hearing by JOHN ASHCROFT, GALE A. NORTON, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 07/28/2003)

July 28, 2003 PACER

ORDER granting 49 Motion to Continue hearing on pending motions currently scheduled for August 4, 2003 to September 11, 2003 at 10:00 a.m. in Courtroom One. Signed by Judge Emmet G. Sullivan on July 29, 2003.(lcegs2)

July 29, 2003 PACER
50

MOTION for Extension of Time to File Response/Reply as to 48 Reply to opposition to Motion for Discovery Under Rule 56(f) by One Day by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 08/04/2003)

Aug. 4, 2003 PACER
51

RESPONSE to Federal Defendants' Opposition to Plaintiffs' Cross-Motion for Discovery Under Rule 56(f) filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Wolfe, Zachary) (Entered: 08/05/2003)

Aug. 5, 2003 PACER

ORDER granting nunc pro tunc 50 Motion for Extension of Time to File Reply in support of 48 Cross-Motion for Discovery under Rule 56(f). Reply due by 8/5/2003. Signed by Judge Emmet G. Sullivan on August 6, 2003.(lcegs2)

Aug. 6, 2003 PACER
52

ATTORNEY APPEARANCE. (Koger, Thomas) (Entered: 09/05/2003)

Sept. 5, 2003 PACER
53

ATTORNEY APPEARANCE. (Koger, Thomas) (Entered: 09/10/2003)

Sept. 10, 2003 PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 9/11/2003. Motion Hearing set for 12/11/2003 10:00 AM in Courtroom 1 before Emmet G. Sullivan. chambers to issue order;(Court Reporter Frank Rangus.) (clv, )

Sept. 11, 2003 PACER
54

ORDER directing the Clerk of the Court to file documents. Signed by Judge Emmet G. Sullivan on September 12, 2003. (lcegs2) (Entered: 09/12/2003)

Sept. 12, 2003 RECAP
55

NOTICE of filing of Undated Final Report Relative to Complaints of Alleged Misconduct, Report Relative to complaints of Alleged Misconduct and March 13, 2003 Memorandum by DISTRICT OF COLUMBIA (Attachments: # 1 # 2 # 3)(td, ) (Entered: 09/15/2003)

Sept. 12, 2003 PACER
56

ORDER denying 24 Motion to Consolidate Cases, granting 3 Motion to Certify Class, and setting forth further instructions to counsel. Signed by Judge Emmet G. Sullivan on September 19, 2003. (lcegs2) (Entered: 09/24/2003)

Sept. 24, 2003 PACER

Set/Reset Hearings: Motion Hearing set for December 11, 2003, at 10:00 AM in Courtroom 1 before Emmet G. Sullivan. (lcegs2)

Sept. 24, 2003 PACER
57

NOTICE by JEFFREY BARHAM of Withdrawal of Counsel, Zachary Wolfe (Messineo, Carl) (Entered: 09/27/2003)

Sept. 27, 2003 PACER
58

Consent MOTION for Leave to File Second Amended Complaint by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Attachments: # 1 Second Amended Complaint)(Messineo, Carl) (Entered: 10/02/2003)

Oct. 2, 2003 PACER

ORDER granting 58 Motion for Leave to File Amended Complaint.Signed by Judge Emmet G. Sullivan on October 3, 2003. (lcegs2)

Oct. 3, 2003 PACER
59

AMENDED COMPLAINT (second) against all defendants, filed by ALL PLAINTIFFS (td, ) (Entered: 10/07/2003)

Oct. 3, 2003 PACER
60

MOTION for Extension of Time to File Federal Defendants' Dispositive Motion by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Braswell, Marina) (Entered: 10/08/2003)

Oct. 8, 2003 PACER

MINUTE ORDER granting 60 Motion for Extension of Time until October 15, 2003. Signed by Judge Emmet G. Sullivan on October 9, 2003. (lcegs1)

Oct. 9, 2003 PACER
61

Consent MOTION for Extension of Time to File Their Dispositive Motion by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Koger, Thomas) (Entered: 10/09/2003)

Oct. 9, 2003 PACER
62

Consent MOTION for Extension of Time to File Their Dispositive Motion by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Attachments: # 1 Text of Proposed Order Order to Enlrge Time To File Dispositive Motion)(Koger, Thomas) (Entered: 10/09/2003)

Oct. 9, 2003 PACER
63

Consent MOTION for Extension of Time to To File Dispositive Motion by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Attachments: # 1 Text of Proposed Order to enlarge time to file motion (corrected))(Koger, Thomas) (Entered: 10/09/2003)

Oct. 9, 2003 PACER
64

RESPONSE to Court's Order Provisionally Certifying Barham Class filed by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Koger, Thomas) (Entered: 10/09/2003)

Oct. 9, 2003 PACER

ORDER granting 61 Motion for Extension of Time to File Dispositive Motions.Signed by Judge Emmet G. Sullivan on October 10, 2003. (lcegs2)

Oct. 10, 2003 PACER
65

ENTERED IN ERROR. . . .MOTION to Dismiss by CHARLES H. RAMSEY. (Attachments: # 1)(Koger, Thomas) Modified on 10/14/2003 (td, ). (Entered: 10/10/2003)

Oct. 10, 2003 PACER

NOTICE OF ENTERED IN ERROR DOCUMENT re 65 MOTION to Dismiss. Attorney has been notified to correct the filing. (td, )

Oct. 14, 2003 PACER
66

RESPONSE to Federal Defendants' Motion for Extension of Time to File Federal Defendants' Dispositive Motion filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Messineo, Carl) (Entered: 10/14/2003)

Oct. 14, 2003 PACER
67

MOTION to Dismiss or in the Alternative for Summary Judgment by CHARLES H. RAMSEY, ANTHONY WILLIAMS. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Memorandum of Points and Authorities# 3 Exhibit Defendants' Statement Of Material Facts# 4 Exhibit Herlod Declaration# 5 Exhibit Ramsey Decl# 6 Exhibit Prisoner Control Plan Excerpt# 7 Exhibit MPD G.O. 502.6# 8 Exhibit A/C Shannon Cockett After Action Report# 9 Exhibit A/C Hilton Burton After Action Report# 10 Errata MPD G.O. 502.01# 11 Exhibit January 25 Report# 12 Exhibit 1996 Mass Demo Manual Excerpt# 13 Exhibit 2003 Mass Demo Manual Cover# 14 Exhibit #11# 15 Exhibit A/C Brian K. Jordan Decl# 16 Exhibit Citation Release Chart)(Koger, Thomas) (Entered: 10/15/2003)

Oct. 15, 2003 PACER
68

MOTION to Dismiss or, in the Alternative, for Summary Judgment by JOHN ASHCROFT, GALE A. NORTON, UNIDENTIFIED OFFICERS, SUPERVISORS AND LAW ENFORCEMENT AGENCIES, UNITED STATES OF AMERICA. (Attachments: # 1 Affidavit Strait Declaration# 2 Affidavit Rice Declaration# 3 Affidavit Murphy Declaration# 4 Exhibit Ex. 1, Murphy Decl.# 5 Exhibit Ex. 2, Murphy Decl.# 6 Exhibit Ex. 3, Murphy Decl.# 7 Exhibit Ex. 4, Murphy Decl.# 8 Exhibit Ex. 5, Murphy Decl.# 9 Exhibit Ex. 1, Murphy Decl.# 10 Exhibit Ex. 7, Murphy Decl.# 11 Exhibit Ex. 8, Murphy Decl.)(Shine, Edith) (Entered: 10/15/2003)

1 Affidavit Strait Declaration

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2 Affidavit Rice Declaration

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3 Affidavit Murphy Declaration

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4 Exhibit Ex. 1, Murphy Decl.

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5 Exhibit Ex. 2, Murphy Decl.

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6 Exhibit Ex. 3, Murphy Decl.

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7 Exhibit Ex. 4, Murphy Decl.

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8 Exhibit Ex. 5, Murphy Decl.

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9 Exhibit Ex. 1, Murphy Decl.

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10 Exhibit Ex. 7, Murphy Decl.

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11 Exhibit Ex. 8, Murphy Decl.

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Oct. 15, 2003 PACER
69

MOTION to Dismiss Portions of the Complaint by D.C. METROPOLITAN POLICE DEPARTMENT, DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit Memorandum of Points and Authorities# 2 Text of Proposed Order Barham DC & MPD MTD Order)(Koger, Thomas) (Entered: 10/15/2003)

Oct. 15, 2003 PACER
70

Consent MOTION for Extension of Time to File Oppositions to Pending Motions to Dismiss by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Messineo, Carl) (Entered: 10/30/2003)

Oct. 30, 2003 PACER

MINUTE ORDER granting 70 Motion for Extension of Time to File Oppositions to Pending Motions to Dismiss.Signed by Judge Emmet G. Sullivan on October 30, 2003. (lcegs2)

Oct. 30, 2003 PACER
71

ORDER cancelling December 11, 2003, Motions Hearing and setting Motions Hearing for February 11, 2004, at 10:00 a.m.Signed by Judge Emmet G. Sullivan on October 31, 2003. (lcegs2) (Entered: 10/31/2003)

Oct. 31, 2003 PACER

Set/Reset Hearings: Motions Hearing set for February 11, 2004, at 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2)

Oct. 31, 2003 PACER
72

Second MOTION for Extension of Time to File Oppositions to Pending Motions to Dismiss by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Messineo, Carl) (Entered: 11/04/2003)

Nov. 4, 2003 PACER
73

Amended MOTION for Extension of Time to File Oppositions to Pending Motions to Dismiss by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Messineo, Carl) (Entered: 11/05/2003)

Nov. 5, 2003 PACER

MINUTE ORDER finding as moot 72 Motion for Extension of Time to File Oppositions to Pending Motions to Dismiss, and granting 73 Motion for Extension of Time to File Oppositions to Pending Motions to Dismiss.Signed by Judge Emmet G. Sullivan on November 5, 2003. (lcegs2)

Nov. 5, 2003 PACER
74

Memorandum in opposition to motion re 68 Federal Defendants' Motion to Dismiss filed by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Attachments: # 1 Affidavit Declaration of Richard Murphy submitted in Barham case# 2 Exhibit article, Police Consider Legal Action in Effort to Disrupt Protests# 3 Exhibit article, Italian Police Planted Petrol Bombs on G8 Protesters# 4 Exhibit article State Monitored War Protesters# 5 Exhibit article, Protest Versus an Act of Terrorism# 6 Exhibit article, Many Arrested Few Charged# 7 Exhibit article, Taken for a Ride Police Turn Bike Strike into a Tour de Force# 8 Affidavit Dr Sally Norton# 9 Affidavit Noah Falk# 10 Affidavit Samantha Young# 11 Affidavit Morgan Ress# 12 Exhibit A Bust in Pershing Park# 13 Exhibit MPD training manual excerpt re civil liability for failure to intervene# 14 Affidavit James Rice III# 15 Exhibit Statement of Captain Andrew Solberg# 16 Exhibit MPD interview with Captain Rick Murphy of US Park Police# 17 Exhibit Statement of Assistant Chief Newsham# 18 Affidavit Declaration of Richard Murphy submitted in Chang case)(Messineo, Carl) (Entered: 11/06/2003)

1 Affidavit Declaration of Richard Murphy submitted in Barham case

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2 Exhibit article, Police Consider Legal Action in Effort to Disrupt Protests

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3 Exhibit article, Italian Police Planted Petrol Bombs on G8 Protesters

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4 Exhibit article State Monitored War Protesters

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5 Exhibit article, Protest Versus an Act of Terrorism

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6 Exhibit article, Many Arrested Few Charged

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7 Exhibit article, Taken for a Ride Police Turn Bike Strike into a Tour de Force

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8 Affidavit Dr Sally Norton

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9 Affidavit Noah Falk

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10 Affidavit Samantha Young

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11 Affidavit Morgan Ress

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12 Exhibit A Bust in Pershing Park

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13 Exhibit MPD training manual excerpt re civil liability for failure to intervene

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14 Affidavit James Rice III

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15 Exhibit Statement of Captain Andrew Solberg

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16 Exhibit MPD interview with Captain Rick Murphy of US Park Police

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17 Exhibit Statement of Assistant Chief Newsham

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18 Affidavit Declaration of Richard Murphy submitted in Chang case

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Nov. 5, 2003 PACER
75

MOTION for Extension of Time to File Oppositions to Three Pending Motions to Dismiss From District Related Defendants by JEFFREY BARHAM, MARY CANALES, WILLIAM DURHAM, NOAH FALK, JORGE GARCIA-SPITZ, MARK ALLEN JACKSON, CASEY LEGLER, CHARLCIE LEGLER, MICHAEL LEHACH, LORETTA MCATEER, SEAN MCATEER, SALLY A. NORTON, JOHN PASSACANTANDO, JOSEPH PHELAN, NICOLE PRICHARD, MORGAN RESS, LAURY SALIGMAN, MACDONALD SCOTT, MILES SWANSON, JERI WOHLBERG, LESLEY WOOD, DEVON YATES, SAMANTHA YOUNG, SPEPHEN ZIMMERMAN. (Messineo, Carl) (Entered: 11/12/2003)

Nov. 12, 2003 PACER

MINUTE ORDER granting 75 Motion for Extension of Time to File Oppositions to Three Pending Motions to Dismiss. Plaintiff's opposition shall be filed by no later than November 19, 2003.Signed by Judge Emmet G. Sullivan on November 13, 2003. (lcegs2)

Nov. 13, 2003 PACER

MINUTE ORDER: In light of the numerous requests for extension of time, the Court sua sponte schedules a status conference for November 25, 2003, at 10:00 a.m. in Courtroom One. If this date and time are not convenient for counsel for any of the parties, that attorney will be responsible for communicating with counsel in all five cases and ascertaining a mutually convenient alternative date and time to propose to the Court. Signed by Judge Emmet G. Sullivan on November 19, 2003. (lcegs2)

Nov. 19, 2003 PACER

State / Territory: District of Columbia

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 19, 2002

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Approximately 400 protestors who were arrested in Washington D.C.'s Pershing Park on September 27, 2002.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Justice (Washington, D.C.), Federal

District of Columbia (Washington, D.C., District of Columbia), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 10,458,000

Order Duration: 2015 - 2018

Content of Injunction:

Develop anti-discrimination policy

Recordkeeping

Reporting

Issues

General:

Conditions of confinement

Disparate Treatment

False arrest

Over/Unlawful Detention

Pattern or Practice

Record-keeping

Records Disclosure