Case: Morrow v. City of Tenaha

2:08-cv-00288 | U.S. District Court for the Eastern District of Texas

Filed Date: July 24, 2008

Case Ongoing

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Case Summary

On July 24, 2008, plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of Texas, against the City of Tenaha. The plaintiffs were all individuals who were traveling on public roads in or near Tenaha, Texas, when, they say, they were illegally stopped and their property seized. They sued under the Fourth Amendment (unreasonable searches and seizures) and Fourteenth Amendments (equal protection), actionable under 42 U.S.C. § 1983. The plaintiffs were represented by lawyers from Legal Aid, the American Civil Liberties Union (Racial Justice Program, Criminal Law Reform Project, Texas chapter, and national), and from private practice. They asked the court for declaratory and injunctive relief as well as monetary relief including compensatory and punitive damages as well as legal costs.

The plaintiffs claimed that law enforcement officials in and around the City of Tenaha had developed an illegal practice of targeting, stopping, detaining, searching, and often seizing property from people who appeared to be non-white or who were traveling with non-white passengers. The named plaintiffs claimed that they had been victims of such stops.

The plaintiffs sought a class certification of similarly situated persons consisting of: (1) people who were, or appeared to be, members of racial or ethnic minority groups and those in their company, and (2) were or would be traveling in, through, or near Tenaha since July 27, 2006, and (3) were, or were subject to being stopped and detained and/or arrested by one or more of the defendants without an articulable suspicion of criminal activity, to find valuable property or money.

The individual plaintiffs were allegedly stopped without warrants or legal justification and were then either detained or threatened with detention, and had property seized in amounts varying from $3,969 to $50,000. Plaintiffs were allegedly falsely prosecuted for crimes such as money laundering. One couple was allegedly told that their children would be put in foster care if they did not sign papers authorizing the seizure.

On August 29, 2011, the Court (Judge T. John Ward) granted in part the plaintiff's motion for class certification. Morrow v. Washington, 277 F.R.D. 172 (E.D. Tex. 2011). The Court granted the class certification for Fourteenth Amendment Equal Protection claims for injunctive and declaratory relief, but did not certify the class for Fourth Amendment search and seizure claims or for monetary relief. In the opinion, the Court cited to recordings from cameras in the police vehicles at the time of the stops. The Court drew an adverse inference from the failure of Tenaha's law enforcement agencies to collect and report racial profiling evidence, as required by Texas law. The Court also drew an adverse inference from two defendants' invocation of their Fifth Amendment right against self-incrimination, during deposition. The Court modified the class definition, because it found that there was "articulable suspicion" for the stops (albeit not reasonable suspicion). The modified definition of the class consisted of (1) people who were, or appeared to be, members of racial or ethnic minority groups and those in their company, and (2) were, or would be, traveling in, through, or near Tenaha at any time after November 1, 2006, and (3) were subject to being stopped by one or more defendant for an alleged traffic violation. The defendants twice sought a discretionary interlocutory appeal of the class certification, but were twice denied.

On August 6, 2012, plaintiffs and defendants filed a joint motion for preliminary approval of a consent decree. The Consent Decree was extensive, with key terms including the following:

All traffic stops shall be recorded in full by both video and audio recordings.

Defendants shall maintain written documentation with details about traffic stops, detention, canine sniffs, searches, seizures, and/or forfeitures.

Defendants will not use canines for routine traffic stops.

Written notice shall be provided to a person before a canine sniff, before a consent search, and before the seizure of property. Before conducting a consent search, an officer must obtain written and oral video and audio recorded consent for the search.

Defendants will track all asset forfeiture incident to traffic stops, and all such revenue will all be donated to non-profit organizations, used for audio and video equipment, or used for the annual training required by this decree.

Internal review procedures will be instituted every quarter, and an impartial monitor will address compliance. Defendants also agreed to pay litigation costs (attorneys' fees and notice to the class).

On February 19, 2013, the Court (Judge Gilstrap) granted preliminary approval of the consent decree. Following a fairness hearing, the court granted final approval of the consent decree on August 8, 2013. The court appointed a monitor on October 9, 2013, who proceeded to file quarterly status reports.

On August 7, 2017, the plaintiffs moved to extend the duration of the Consent Decree, which was set to expire the next day. The plaintiffs argued that the defendants had a "poor record of compliance," necessitating an extension of the consent decree. There was a hearing on this motion on November 1, 2018, after which the parties renegotiated the settlement agreement. They filed a joint motion to approve the amended agreement on December 13, 2018, which the court approved. The agreement was substantially similar to the original consent decree, but extended the duration to the next two years with the opportunity for the plaintiffs to file for additional extensions.

On May 19, 2020, the parties filed a Joint Motion for Approval of Notice to Class for Potential Award, which Judge Gilstrap granted on June 25, 2020.

On October 25, 2019, the plaintiffs filed a motion for attorneys’ fees incurred from September 2016-April 2019, and on May 18, 2020, filed another motion for attorneys’ fees incurred from May 2019-March 2020.

The Court, on March 18, 2020, scheduled the Final Hearing for July 21, 2020.

On September 15, 2020, Judge Gilstrap granted-as-modified both of the plaintiffs’ contested motion for award for interim attorneys’ fees and costs incurred during the fee period from September 1, 2026 to April 30, 2019. The plaintiffs were awarded $289,433.96 to be paid by the defendants. 2020 WL 5534486.

The plaintiffs, on March 17, 2021, filed a motion for award of interim attorneys’ fees incurred during the fee period from April 1 to December 31, 2020. The plaintiffs’ motion sought to order the City defendant to pay $88,553.33 for unpaid fees. However, the judge denied this motion on April 9, 2021. On April 15, 2021, the plaintiffs filed a motion to amend the order denying fees, which was subsequently denied by the court on November 24, 2021, because the motion was filed untimely as the Court had instructed the parties that all motions must be filed before the Final Hearing. 2021 WL 10169551.

On December 20, 2021, the plaintiffs filed a notice to appeal to the U.S. Court of Appeals for the order on November 24, 2021, that denied their motion for attorneys’ fees. . On February 15, 2023, a Fifth Circuit panel, consisting of Circuit Judges Smith, Barksdale, and Haynes, vacated the District Court’s judgment. The Court also ordered the City to pay the plaintiffs the costs on appeal. 2023 WL 2009926.

The plaintiffs filed an opposed motion for attorney fees on March 17, 2021. On April 12, 2021, Judge Gilstrap denied the plaintiffs’ motion for attorney fees. The plaintiffs, consequently, filed a notice to appeal the order denying the motion for attorney fees on December 20, 2021. The Fifth Circuit vacated the district court’s judgment and remanded the case to the district court for further proceedings on March 9, 2023.

On August 23, 2023, Judge Gilstrap granted-as-modified the plaintiffs’ motion for award of interim attorneys’ fees and costs and awarded the plaintiffs $16,020.00 to be paid by the City Defendants. The judge denied-as-moot the outstanding claims or requests for relief. 2023 WL 5435610.

The plaintiffs appealed the district court’s award of interim fees to the Fifth Circuit on September 15, 2023.

As on December 28, 2023, this case is ongoing.

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Summary Authors

Emily Goldman (3/2/2013)

Virginia Weeks (5/16/2018)

Alex Moody (4/17/2020)

Andrew Eslich (1/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4384960/parties/morrow-v-city-of-tenaha-deputy-city-marshal-barry-washington/

Judge(s)

Attorney for Plaintiff

Booth, Amatullah Khaliha (Texas)

Choudhury, Nusrat Jahan (New York)

Attorney for Defendant

Ackerberg, Peter M (Texas)

Adams, Richard Andrew (Texas)

Alderman, Galen Robert (Texas)

Expert/Monitor/Master/Other

Judge(s)

Gilstrap, James Rodney (Texas)

Ward, T. John (Texas)

Attorney for Plaintiff

Booth, Amatullah Khaliha (Texas)

Choudhury, Nusrat Jahan (New York)

Craig, Timothy David (Texas)

Crowell, Benjamin R. (Texas)

DePaul, Philip Rudolph (Texas)

Diamond, David J (Texas)

Edwards, Ezekiel (New York)

Faillace, Michael Antonio (Texas)

Flores, William (Texas)

Garrigan, Timothy Borne (Texas)

Guillory, David Joseph (Texas)

Gunter, Matthew Ryan (Texas)

Gupta, Vanita (New York)

Hannah, Roderick Victor (Texas)

Hinger, Sarah (New York)

Kimball, Keith Loren (Texas)

Lax, Joshua Joseph (Texas)

Mukherjee, Elora (New York)

Mulholland, Colin James (Texas)

Mullaney, Marybeth E (Texas)

Myrvold, Barry K. (Texas)

Parker, Dennis D. (New York)

Renninger, Nicholas David (Texas)

Robertson, Rebecca Lynn (Texas)

Sakall, Daniel Gregory (Texas)

Santos, Marisol (Texas)

Shires, Stephen (Texas)

Siskind, Shira Rachel (Texas)

Stephens, Stephanie Kay (Texas)

Attorney for Defendant

Ackerberg, Peter M (Texas)

Adams, Richard Andrew (Texas)

Alderman, Galen Robert (Texas)

Davis, Robert Scott (Texas)

Henson, Walter Thomas (Texas)

Jr, Galen Robert (Texas)

McGaha, Corey Darnell (Texas)

Miller, Reid D. (Texas)

Neill, Erika Leigh (Texas)

Pearlman, Leisa Beaty (Texas)

Rook, Chad Carlton (Texas)

Expert/Monitor/Master/Other

Glasscock, Harold Kip (Texas)

Watkins, Brent Lee (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:08-cv-00288	Docket [PACER] Morrow v. City of Tehana	June 2, 2020	June 2, 2020 Docket
1 2:08-cv-00288	Plaintiff's Original Complaint	July 24, 2008	July 24, 2008 Complaint
111 2:08-cv-00288	Third Amended Complaint	Feb. 17, 2010	Feb. 17, 2010 Complaint
233 2:08-cv-00288	Memorandum Order and Opinion (certifying class)	Aug. 29, 2011	Aug. 29, 2011 Order/Opinion 277 F.R.D. 172
2:08-cv-00288	Press Release No Court	Aug. 3, 2012	Aug. 3, 2012 Press Release
261 2:08-cv-00288	Joint Motion for Preliminary Approval of the Class Action Consent Decree, Approval of Notice, and Fairness Hearing Morrow v. City of Tehana	Aug. 6, 2012	Aug. 6, 2012 Settlement Agreement
269 2:08-cv-00288	Order Granting Preliminary Approval of the Consent Decree	Feb. 19, 2013	Feb. 19, 2013 Order/Opinion
354 (& 354-1 to 354-4) 2:08-cv-00288	Joint Motion for Approval of the Settlement Agreement on Additional Duration of Consent Decree and Approval of Class Notice	Dec. 13, 2018	Dec. 13, 2018 Settlement Agreement
396 2:08-cv-00288	Order	June 26, 2020	June 26, 2020 Order/Opinion
410 2:08-cv-00288	Order and Memorandum Opinion	Sept. 15, 2020	Sept. 15, 2020 Order/Opinion 2020 WL 5534486

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Resources

Title	Description		External URL Date / External URL
Finding Aid: Traffic Stop Litigation Collection Tessa Bialek	This document is a guide to the Civil Rights Litigation Clearinghouse’s Traffic Stop Litigation collection, which gathers information about dozens of large-scale lawsuits challenging traffic stop pol…	Fall 2024	Nov. 26, 2024
Morrow et al v. City of Tenaha et al ACLU Texas	Beginning in 2006, under the guise of looking for criminal activity, the police in Tenaha, Texas stopped, searched, and often seized property from Blacks and Latinos traveling through town with no su…	June 13, 2017	June 13, 2017 https://www.aclutx.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4384960/morrow-v-city-of-tenaha-deputy-city-marshal-barry-washington/

Last updated Oct. 17, 2025, 1:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Original Complaint against all defendants ( Filing fee $ 350 receipt number 05400000000001629964.), filed by James Morrow.(Garrigan, Timothy) (Additional attachment(s) added on 7/28/2008: # 1 Civil Cover Sheet) (sm, ). (Entered: 07/24/2008) 2 Civil Cover Sheet View on PACER	July 24, 2008	July 24, 2008 RECAP
2	Magistrate Consent Form Mailed to James Morrow (ch, ) (Entered: 08/04/2008)	Aug. 4, 2008	Aug. 4, 2008
3	AMENDED COMPLAINT against all defendants, filed by James Morrow adding new plaintiffs.(Guillory, David) Modified on 11/5/2008 (sm, ). (Entered: 11/03/2008)	Nov. 3, 2008	Nov. 3, 2008
4	E-GOV SEALED SUMMONS Issued as to Danny Green, City of Tenaha Deputy City Marshal Barry Washington (Attachments: # 1 Danny Green, # 2 George Bowers, # 3 Lynda K Russell, # 4 Randy Whatley)(ch, ) (Entered: 11/04/2008)	Nov. 4, 2008	Nov. 4, 2008
5	NOTICE of Attorney Appearance by Leisa Beaty Pearlman on behalf of Shelby County District Attorney Linda K. Russell (Pearlman, Leisa) (Entered: 11/18/2008)	Nov. 18, 2008	Nov. 18, 2008
6	Unopposed MOTION for Extension of Time to File Answer re 3 Amended Complaint by Shelby County District Attorney Linda K. Russell. (Attachments: # 1 Text of Proposed Order)(Pearlman, Leisa) (Entered: 11/18/2008) 2 Text of Proposed Order View on PACER	Nov. 18, 2008	Nov. 18, 2008
7	ORDER granting 6 Motion for Extension of Time to Answer. Dft Linda Russell deadline is extended to 12/10/08. Signed by Judge T. John Ward on 11/20/08. (ch, ) (Entered: 11/20/2008)	Nov. 20, 2008	Nov. 20, 2008
	Update Answer Deadline	Nov. 20, 2008	Nov. 20, 2008
8	Original ANSWER to 3 Amended Complaint by Danny Green.(Rook, Chad) (Entered: 11/24/2008)	Nov. 24, 2008	Nov. 24, 2008
9	*FILED IN ERROR. ATTORNEY WILL REFILE* MOTION for More Definite Statement by Danny Green. (Attachments: # 1 Text of Proposed Order)(Rook, Chad) Modified on 11/25/2008 (ch, ). (Entered: 11/24/2008) 2 Text of Proposed Order View on PACER	Nov. 24, 2008	Nov. 24, 2008
10	Original ANSWER to 3 Amended Complaint by Shelby County Precinct 4 Constable Randy Whatley.(Davis, Robert) (Entered: 11/25/2008)	Nov. 25, 2008	Nov. 25, 2008
11	NOTICE of Designation of Attorney in Charge to Robert Scott Davis on behalf of Danny Green (Davis, Robert) (Entered: 11/25/2008)	Nov. 25, 2008	Nov. 25, 2008
12	NOTICE of Attorney Appearance by Chad Carlton Rook on behalf of Shelby County Precinct 4 Constable Randy Whatley (Rook, Chad) (Entered: 11/25/2008)	Nov. 25, 2008	Nov. 25, 2008
13	Amended MOTION for More Definite Statement by Danny Green, Shelby County Precinct 4 Constable Randy Whatley. (Attachments: # 1 Text of Proposed Order)(Rook, Chad) (Entered: 11/25/2008) 2 Text of Proposed Order View on PACER	Nov. 25, 2008	Nov. 25, 2008
14	NOTICE of Attorney Appearance by Corey Darnell McGaha on behalf of Shelby County District Attorney Linda K. Russell (McGaha, Corey) (Entered: 11/25/2008)	Nov. 25, 2008	Nov. 25, 2008
	Notice of Docket Correction	Nov. 25, 2008	Nov. 25, 2008
15	MOTION to Change Venue by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers. (Attachments: # 1 Text of Proposed Order)(Alderman, Galen) (Entered: 11/26/2008) 2 Text of Proposed Order View on PACER	Nov. 26, 2008	Nov. 26, 2008
16	Original ANSWER to 3 Amended Complaint by City of Tenaha Mayor George Bowers.(Alderman, Galen) (Entered: 12/01/2008)	Dec. 1, 2008	Dec. 1, 2008
17	Original ANSWER to 3 Amended Complaint by City of Tenaha Deputy City Marshal Barry Washington.(Alderman, Galen) (Entered: 12/01/2008)	Dec. 1, 2008	Dec. 1, 2008
	Magistrate Consent Form Mailed	Dec. 2, 2008	Dec. 2, 2008
18	RESPONSE in Opposition re 13 Amended MOTION for More Definite Statement Plaintiffs' Response in Opposition to Defendants' Rule 12(e) Motion filed by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 12/04/2008) 2 Text of Proposed Order View on PACER	Dec. 4, 2008	Dec. 4, 2008
19	RESPONSE in Opposition re 15 MOTION to Change Venue filed by James Morrow. (Attachments: # 1 Exhibit Williams Affidavit, # 2 Text of Proposed Order)(Guillory, David) (Entered: 12/08/2008) 2 Exhibit Williams Affidavit View on PACER 3 Text of Proposed Order View on PACER	Dec. 8, 2008	Dec. 8, 2008
20	MEMORANDUM AND OPINION AND ORDER - re 13 Motion for More Definite Statement is Denied. Signed by Judge T. John Ward on 12/10/08. (ch, )	Dec. 10, 2008	Dec. 10, 2008 RECAP
21	ANSWER to 3 Amended Complaint by Shelby County District Attorney Linda K. Russell.(Pearlman, Leisa) (Entered: 12/10/2008)	Dec. 10, 2008	Dec. 10, 2008
22	Unopposed MOTION for Extension of Time to File Response/Reply as to 19 Response in Opposition to Motion to Transfer Venue by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers. (Alderman, Galen) (Additional attachment(s) added on 12/12/2008: # 1 Text of Proposed Order) (sm, ). (Entered: 12/11/2008) 2 Text of Proposed Order View on PACER	Dec. 11, 2008	Dec. 11, 2008
23	Additional Attachments to Main Document (PROPOSED ORDER - already attached to #22 by Clerk): 22 Unopposed MOTION for Extension of Time to File Response/Reply as to 19 Response in Opposition to Motion to Transfer Venue.. (Alderman, Galen) Modified on 12/12/2008 (sm, ). (Entered: 12/11/2008)	Dec. 11, 2008	Dec. 11, 2008
24	MEMORANDUM OPINION and ORDER denying Motion # 15 to transfer venue. Signed by Judge T. John Ward on 12/11/08. (ehs, )	Dec. 11, 2008	Dec. 11, 2008 RECAP
25	ORDER denying 22 Motion for Extension of Time to File Response/Reply. Signed by Judge T. John Ward on 12/12/08. (ch, ) (Entered: 12/12/2008)	Dec. 12, 2008	Dec. 12, 2008
	Notice (Other)	Jan. 21, 2009	Jan. 21, 2009
26	APPLICATION to Appear Pro Hac Vice by Attorney Reid D Miller for Shelby County District Attorney Linda K. Russell. (APPROVED, FEE PAID 2-1-4426) (ehs, ) (Entered: 01/23/2009)	Jan. 23, 2009	Jan. 23, 2009
27	NOTICE by James Morrow vacation letter (Garrigan, Timothy) (Entered: 04/24/2009)	April 24, 2009	April 24, 2009
28	*VACATED PER ORDER #31*Notice of Scheduling Conference, Proposed Deadlines for Docket Control Order and Discovery Order. Scheduling Conference set for 5/19/2009 09:30 AM before Judge T. John Ward.. Signed by Judge T. John Ward on 5/1/09. (ch, ) Modified on 5/7/2009 (ch, ). (Entered: 05/01/2009)	May 1, 2009	May 1, 2009
29	NOTICE of Hearing: Scheduling Conference set for 5/19/2009 at 9:30 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 05/05/2009)	May 5, 2009	May 5, 2009
30	NOTICE of Hearing: Scheduling Conference RESET to 9:00 AM on 5/19/2009 in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 05/06/2009)	May 6, 2009	May 6, 2009
31	AMENDED ORDER - The proposed deadlines for Docket Control Order and Proposed Discovery Order in thiscase (Dkt. No. 28), sent to the parties on May 1, 2008, are hereby VACATED. Instead, IT IS ORDERED that counsel meet and confer at the Scheduling Conference set for 5/19/2009 09:00 AM before Judge T. John Ward.. Signed by Judge T. John Ward on 5/7/09. (ch, ) (Entered: 05/07/2009)	May 7, 2009	May 7, 2009
	Scheduling Conference	May 19, 2009	May 19, 2009
32	NOTICE by James Morrow Joint Agreed Proposed Order Regarding Deadlines Announced at the May 19, 2009 Scheduling Conference (Garrigan, Timothy) (Additional attachment(s) added on 5/22/2009: # 1 Text of Proposed Order) (sm, ). (Entered: 05/21/2009) 2 Text of Proposed Order View on PACER	May 21, 2009	May 21, 2009
33	ORDER setting agreed proposed deadlines, ( Discovery due by 6/19/2009., Scheduling Conference set for 7/2/2009 09:00 AM before Judge T. John Ward.). Signed by Judge T. John Ward on 5/26/09. (ehs, ) (Entered: 05/26/2009)	May 26, 2009	May 26, 2009
34	NOTICE by Danny Green, Shelby County Precinct 4 Constable Randy Whatley of Filing Description of Materials (Rook, Chad) (Entered: 05/29/2009)	May 29, 2009	May 29, 2009
35	NOTICE by City of Tenaha Deputy City Marshal Barry Washington & George Bowers of Filing Discovery (Alderman, Galen) (Entered: 05/29/2009)	May 29, 2009	May 29, 2009
36	NOTICE by Shelby County District Attorney Linda K. Russell of Filing Discovery (Pearlman, Leisa) (Entered: 05/29/2009)	May 29, 2009	May 29, 2009
37	NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell Notice of Service of Initial Disclosures (Pearlman, Leisa) (Entered: 06/19/2009)	June 19, 2009	June 19, 2009
38	NOTICE of Disclosure by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers (Alderman, Galen) (Entered: 06/19/2009)	June 19, 2009	June 19, 2009
39	NOTICE of Disclosure by James Morrow Plaintiffs' Notice of Disclosure (Garrigan, Timothy) (Entered: 06/19/2009)	June 19, 2009	June 19, 2009
40	NOTICE of Disclosure by Danny Green, Shelby County Precinct 4 Constable Randy Whatley Initial Disclosures (Rook, Chad) (Entered: 06/19/2009)	June 19, 2009	June 19, 2009
41	NOTICE of Disclosure by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers First Supplemental (Alderman, Galen) (Entered: 06/24/2009)	June 24, 2009	June 24, 2009
42	Unopposed MOTION for Leave to File Unopposed Motion for Leave to File Plaintiffs' Second Amended Complaint by James Morrow. (Attachments: # 1 Exhibit Plaintiffs' Second Amended Complaint, # 2 Text of Proposed Order)(Garrigan, Timothy) (Entered: 06/30/2009) 2 Exhibit Plaintiffs' Second Amended Complaint View on PACER 3 Text of Proposed Order View on PACER	June 30, 2009	June 30, 2009
43	AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against all defendants, filed by James Morrow.(Garrigan, Timothy) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009
44	Joint MOTION to Compel Discovery of Plaintiffs by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County District Attorney Linda K. Russell, Shelby County Precinct 4 Constable Randy Whatley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Rook, Chad) (Entered: 06/30/2009) 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Text of Proposed Order View on PACER	June 30, 2009	June 30, 2009
45	NOTICE by James Morrow Definition of Proposed Class and Related Briefing (Garrigan, Timothy) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009
46	NOTICE by James Morrow of filing Joint Statement of Agreement Regarding 31 Amended Order (Guillory, David) Modified on 7/1/2009 (sm, ). (Entered: 06/30/2009)	June 30, 2009	June 30, 2009
47	MOTION to Compel Disclosure by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) Modified on 7/1/2009 (sm, ). (Entered: 07/01/2009) 2 Text of Proposed Order View on PACER	July 1, 2009	July 1, 2009
48	RESPONSE in Opposition re 44 Joint MOTION to Compel Discovery of Plaintiffs Plaintiffs' Response to Defendants' Joint Motion to Compel (Doc. 44) filed by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 07/01/2009) 2 Text of Proposed Order View on PACER	July 1, 2009	July 1, 2009
49	MOTION to Compel Plaintiffs Motion to Compel Disclosures by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 07/01/2009) 2 Text of Proposed Order View on PACER	July 1, 2009	July 1, 2009
50	NOTICE of Hearing: Second Scheduling Conference RESET for 7/9/2009 10:30 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (bga, ) (Entered: 07/02/2009)	July 2, 2009	July 2, 2009
51	ORDER granting 42 Motion for Leave to File Second Amended Complaint. Signed by Judge T. John Ward on 7/6/09. (ch, ) (Entered: 07/06/2009)	July 6, 2009	July 6, 2009
52	NOTICE of Telephone Conference to discuss the rescheduling of the second scheduling conference. Telephone conference set before Judge T. John Ward on 7/07/09 @ 1:30 p.m. Plaintiff to initiate the telephone conference. (shd, ) (Entered: 07/06/2009)	July 6, 2009	July 6, 2009
53	ORDER striking 44 Joint Motion to Compel Discovery; striking 49 Motion to Compel. Pursuant to the telephonic hearing on 7/7/09, both motions are STRICKEN. Signed by Judge T. John Ward on 7/7/09. (ch, ) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009
54	NOTICE of Hearing: Second Scheduling Conference RESET for 7/27/2009 at 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009
56	Minute Entry for proceedings held before Judge T. John Ward: Telephone Conference held on 7/7/2009. (Court Reporter Susan Simmons.) (shd, ) (Entered: 07/14/2009)	July 7, 2009	July 7, 2009
55	MOTION to Compel Plaintiffs' Motion to Compel Disclosures by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 07/13/2009) 2 Text of Proposed Order View on PACER	July 13, 2009	July 13, 2009
57	MOTION to Compel Disclosures by Shelby County District Attorney Linda K. Russell. (Attachments: # 1 Text of Proposed Order)(Pearlman, Leisa) (Entered: 07/15/2009) 2 Text of Proposed Order View on PACER	July 15, 2009	July 15, 2009
58	NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell Notice of Service of First Supplemental Disclosures (Pearlman, Leisa) (Entered: 07/20/2009)	July 20, 2009	July 20, 2009
59	Joint MOTION to Compel Discovery from Plaintiffs by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County Precinct 4 Constable Randy Whatley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Davis, Robert) (Entered: 07/20/2009) 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Text of Proposed Order View on PACER	July 20, 2009	July 20, 2009
60	ANSWER to 43 Amended Complaint by Shelby County District Attorney Linda K. Russell.(Miller, Reid) (Entered: 07/21/2009)	July 21, 2009	July 21, 2009
61	NOTICE of Attorney Appearance by Richard Andrew Adams on behalf of Shelby County District Attorney Linda K. Russell (Adams, Richard) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009
62	Unopposed MOTION to Withdraw as Attorney Patton Roberts PLLC's Unopposed Motion to Withdraw as Counsel for Lynda K. Russell in her Individual and Official Capacity and for Substitution of Counsel by Shelby County District Attorney Linda K. Russell. (Attachments: # 1 Text of Proposed Order)(Adams, Richard) (Entered: 07/24/2009) 2 Text of Proposed Order View on PACER	July 24, 2009	July 24, 2009
63	RESPONSE in Opposition re 57 MOTION to Compel Disclosures, 59 Joint MOTION to Compel Discovery from Plaintiffs filed by Amanee Busby, Yuselff Dismukes, Linda Dorman, Jennifer Boatwright, Ronald Henderson. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 07/24/2009) 2 Text of Proposed Order View on PACER	July 24, 2009	July 24, 2009
64	NOTICE by James Morrow Of Position Regarding Scope of Pre-certification Discovery (Guillory, David) (Entered: 07/26/2009)	July 26, 2009	July 26, 2009
65	ORDER granting 62 Motion to Withdraw as Attorney. Patton Roberts PLLC's is terminated as counsel for Lynda K Russell. Tom Henson of Ramey and Flock will be substituted. Signed by Judge T. John Ward on 7/27/09. (ch, ) Modified on 7/27/2009 (ch, ). (Entered: 07/27/2009)	July 27, 2009	July 27, 2009
66	NOTICE of Attorney Appearance by Walter Thomas Henson on behalf of Shelby County District Attorney Linda K. Russell (Henson, Walter) (Entered: 07/27/2009)	July 27, 2009	July 27, 2009
67	RESPONSE to Motion re 55 MOTION to Compel Plaintiffs' Motion to Compel Disclosures filed by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers. (Attachments: # 1 Text of Proposed Order)(Alderman, Galen) (Entered: 07/28/2009) 2 Text of Proposed Order View on PACER	July 28, 2009	July 28, 2009
70	Minute Entry for proceedings held before Judge T. John Ward: Second Scheduling Conference held on 7/27/2009. (Court Reporter Shelly Holmes.) (shd, ) (Entered: 07/31/2009)	July 28, 2009	July 28, 2009
68	Agreed MOTION to Enter Modified Deadlines by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) Modified on 7/31/2009 (sm, ). (Entered: 07/30/2009) 2 Text of Proposed Order View on PACER	July 30, 2009	July 30, 2009
69	NOTICE of Disclosure by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers 2nd Supplemental (Alderman, Galen) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009
71	ORDER granting 68 Agreed Motion to Enter Modified Deadlines. Modifications agreed to are as follows herein. Signed by Judge T. John Ward on 8/3/09. (ch, ) (Entered: 08/03/2009)	Aug. 3, 2009	Aug. 3, 2009
72	RESPONSE in Opposition re 55 MOTION to Compel Plaintiffs' Motion to Compel Disclosures, 47 MOTION to Compel Plaintiffs' Motion to Compel Disclosure filed by Danny Green, Shelby County Precinct 4 Constable Randy Whatley. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 08/04/2009) 2 Text of Proposed Order View on PACER	Aug. 4, 2009	Aug. 4, 2009
73	REPLY to Response to Motion re 59 Joint MOTION to Compel Discovery from Plaintiffs filed by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County Precinct 4 Constable Randy Whatley. (Davis, Robert) (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
74	*FILED IN ERROR, PLEASE IGNORE.*NOTICE by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County District Attorney Linda K. Russell, Shelby County Precinct 4 Constable Randy Whatley re 64 Notice (Other) Defendants' Response to Plaintiffs' Position Regarding Scope of Pre-Certification Discovery/Disclosure (Davis, Robert) Modified on 8/5/2009 (sm, ). (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
75	*FILED IN ERROR, PLEASE IGNORE.*NOTICE by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County District Attorney Linda K. Russell, Shelby County Precinct 4 Constable Randy Whatley re 45 Notice (Other) Defendants' Response to Plaintiffs' Definition of Proposed Class and Related Briefing (Davis, Robert) Modified on 8/5/2009 (sm, ). (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
76	NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell Second Supplemental (Henson, Walter) (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
77	RESPONSE to Motion re 55 MOTION to Compel Plaintiffs' Motion to Compel Disclosures filed by Shelby County District Attorney Linda K. Russell. (Henson, Walter) (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
78	RESPONSE to 64 Notice (Other) Defendants' Response to Plaintiffs' Position Regarding Scope of Pre-Certification Discovery/Disclosure by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County District Attorney Linda K. Russell, Shelby County Precinct 4 Constable Randy Whatley. (Davis, Robert) (Entered: 08/05/2009)	Aug. 5, 2009	Aug. 5, 2009
79	RESPONSE to 45 Notice (Other) Defendants' Response to Plaintiffs' Definition of Proposed Class and Related Briefing by Danny Green, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers, Shelby County District Attorney Linda K. Russell, Shelby County Precinct 4 Constable Randy Whatley. (Davis, Robert) (Entered: 08/05/2009)	Aug. 5, 2009	Aug. 5, 2009
	Notice of Docket Correction	Aug. 5, 2009	Aug. 5, 2009
80	*FILED IN ERROR. WRONG EVENT. PLEASE IGNORE.*NOTICE by James Morrow re 78 Response to Non-Motion, Plaintiffs' Reply to Doc. 78, Defendants' Resposne to Plaintiffs' Position Regarding Scope of Pre-Certification Discovery/Disclosure (Garrigan, Timothy) Modified on 8/7/2009 (ch, ). (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009
81	*FILED IN ERROR. FILED UNDER WRONG EVENT. PLEASE IGNORE.*NOTICE by James Morrow re 79 Response to Non-Motion, Plaintiffs' Reply to Doc. 79, Defendants' Response to Plaintiffs' Definition of Proposed Class and Related Briefing (Garrigan, Timothy) Modified on 8/7/2009 (ch, ). (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009
82	REPLY to Response to Motion re 55 MOTION to Compel Plaintiffs' Motion to Compel Disclosures Plaintiffs' Reply to Docs. 67, 72 and 77, Defendants' Responses to Plaintiffs' Motion to Compel Disclosures filed by James Morrow. (Attachments: # 1 Text of Proposed Order)(Garrigan, Timothy) (Entered: 08/07/2009) 2 Text of Proposed Order View on PACER	Aug. 7, 2009	Aug. 7, 2009
83	*REPLACES # 80 *RESPONSE to 78 Response to Non-Motion, Plaintiffs' Reply to Doc. 78, Defendants' Response to Plaintiffs' Position Regarding Scope of Pre-Certification Discovery/Disclosure by James Morrow. (Garrigan, Timothy) Modified on 8/10/2009 (ch, ). (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009
84	*REPLACES # 81 *RESPONSE to 79 Response to Non-Motion, Plaintiffs' Reply to Doc. 79, Defendants' Response to Plaintiffs' Definition of Proposed Class and Related Briefing by James Morrow. (Garrigan, Timothy) Modified on 8/10/2009 (ch, ). (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009
	Notice of Docket Correction	Aug. 7, 2009	Aug. 7, 2009
91	Minute Entry for proceedings held before Judge T. John Ward: Motion Hearing held on 8/10/2009 re motions to compel. (Court Reporter Shelly Holmes.) (shd, ) (Entered: 09/02/2009)	Aug. 10, 2009	Aug. 10, 2009
85	NOTICE of Disclosure by Danny Green, Shelby County Precinct 4 Constable Randy Whatley First Supplemental (Rook, Chad) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009
86	MEMORANDUM OPINION AND ORDER - (see order for details). Signed by Judge T. John Ward on 8/20/09. (ch, )	Aug. 20, 2009	Aug. 20, 2009 RECAP
87	NOTICE by Shelby County District Attorney Linda K. Russell of Submission of Privilege Log (Henson, Walter) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009
88	NOTICE by City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers of Production of Privilege Log (Alderman, Galen) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009
89	NOTICE of Disclosure by James Morrow Plaintiffs' Notice of Disclosure (Garrigan, Timothy) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009
90	NOTICE by Danny Green, Shelby County Precinct 4 Constable Randy Whatley of Privilege Log (Rook, Chad) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009
92	NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell (Third Supplemental) (Henson, Walter) (Entered: 09/09/2009)	Sept. 9, 2009	Sept. 9, 2009
93	Joint MOTION for Extension of Time to Complete Discovery by James Morrow. (Attachments: # 1 Text of Proposed Order)(Guillory, David) (Entered: 09/10/2009) 2 Text of Proposed Order View on PACER	Sept. 10, 2009	Sept. 10, 2009

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Case Details

State / Territory:

Texas

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Traffic Stop Litigation

Key Dates

Filing Date: July 24, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs were certified as a class consisting of: (1) people who are, or appear to be, members of racial or ethnic minority groups and those in their company, and (2) were, or will be, traveling in, through, or near Tenaha at any time after November 1, 2006, and (3) were, or are, subject to being stopped by one or more defendant for an alleged traffic violation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Tenaha, City