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

Clearinghouse coding complete

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 lawy…

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 originally consent decree, but extended the duration to the next two years with the opportunity for the plaintiffs to file for additional extensions.

This case is ongoing with some litigation over attorneys' fees as of April 17, 2020. The amended settlement is set to expire in early 2021.

Summary Authors

Emily Goldman (3/2/2013)

Virginia Weeks (5/16/2018)

Alex Moody (4/17/2020)

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)

Gilstrap, James Rodney (Texas)

Ward, T. John (Texas)

Attorneys(s) for Plaintiff

Choudhury, Nusrat Jahan (New York)

Craig, Timothy David (Texas)

Edwards, Ezekiel (New York)

Garrigan, Timothy Borne (Texas)

Guillory, David Joseph (Texas)

Gupta, Vanita (New York)

Hinger, Sarah (New York)

Mukherjee, Elora (New York)

Judge(s)

Gilstrap, James Rodney (Texas)

Ward, T. John (Texas)

Attorneys(s) for Plaintiff

Choudhury, Nusrat Jahan (New York)

Craig, Timothy David (Texas)

Edwards, Ezekiel (New York)

Garrigan, Timothy Borne (Texas)

Guillory, David Joseph (Texas)

Gupta, Vanita (New York)

Hinger, Sarah (New York)

Mukherjee, Elora (New York)

Parker, Dennis D. (New York)

Robertson, Rebecca Lynn (Texas)

Shires, Stephen (Texas)

Stephens, Stephanie Kay (Texas)

Attorneys(s) for Defendant

Adams, Richard Andrew (Texas)

Alderman, Galen Robert (Texas)

Davis, Robert Scott (Texas)

Henson, Walter Thomas (Texas)

McGaha, Corey Darnell (Texas)

Miller, Reid D. (Texas)

Neill, Erika Leigh (Texas)

Pearlman, Leisa Beaty (Texas)

Rook, Chad Carlton (Texas)

Other Attorney(s)

Watkins, Brent Lee (Texas)

Expert/Monitor/Master

Glasscock, Harold Kip (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Morrow v. City of Tehana

June 2, 2020 Docket
1

Plaintiff's Original Complaint

July 24, 2008 Complaint
111

Third Amended Complaint

Feb. 17, 2010 Complaint
233

Memorandum Order and Opinion (certifying class)

277 F.R.D. 172

Aug. 29, 2011 Order/Opinion

Press Release

No Court

Aug. 3, 2012 Press Release
261

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 Settlement Agreement
269

Order Granting Preliminary Approval of the Consent Decree

Feb. 19, 2013 Order/Opinion
354 (& 354-1 to 354-4)

Joint Motion for Approval of the Settlement Agreement on Additional Duration of Consent Decree and Approval of Class Notice

Dec. 13, 2018 Settlement Agreement

Resources

Title Description External URL

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 https://www.aclutx.org/en/cases/morrow-et-al-v-city-tenaha-et-al

Docket

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

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

ECF Number Description 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

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July 24, 2008 RECAP
2

Magistrate Consent Form Mailed to James Morrow (ch, ) (Entered: 08/04/2008)

Aug. 4, 2008 PACER
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 PACER
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 PACER
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 PACER
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

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Nov. 18, 2008 PACER

Update Answer Deadline

Nov. 20, 2008 PACER
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 PACER
8

Original ANSWER to 3 Amended Complaint by Danny Green.(Rook, Chad) (Entered: 11/24/2008)

Nov. 24, 2008 PACER
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

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Nov. 24, 2008 PACER

Notice of Docket Correction

Nov. 25, 2008 PACER
10

Original ANSWER to 3 Amended Complaint by Shelby County Precinct 4 Constable Randy Whatley.(Davis, Robert) (Entered: 11/25/2008)

Nov. 25, 2008 PACER
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 PACER
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 PACER
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

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Nov. 25, 2008 PACER
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 PACER
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

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Nov. 26, 2008 PACER
16

Original ANSWER to 3 Amended Complaint by City of Tenaha Mayor George Bowers.(Alderman, Galen) (Entered: 12/01/2008)

Dec. 1, 2008 PACER
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 PACER

Magistrate Consent Form Mailed

Dec. 2, 2008 PACER
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

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Dec. 4, 2008 PACER
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

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3 Text of Proposed Order

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Dec. 8, 2008 PACER
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, ) (Entered: 12/10/2008)

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 PACER
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

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Dec. 11, 2008 PACER
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 PACER
24

MEMORANDUM OPINION and ORDER denying Motion # 15 to transfer venue. Signed by Judge T. John Ward on 12/11/08. (ehs, ) (Entered: 12/11/2008)

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 PACER

Notice (Other)

Jan. 21, 2009 PACER
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 PACER
27

NOTICE by James Morrow vacation letter (Garrigan, Timothy) (Entered: 04/24/2009)

April 24, 2009 PACER
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 PACER
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 PACER
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 PACER
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 PACER

Scheduling Conference

May 19, 2009 PACER
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

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May 21, 2009 PACER
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 PACER
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 PACER
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 PACER
36

NOTICE by Shelby County District Attorney Linda K. Russell of Filing Discovery (Pearlman, Leisa) (Entered: 05/29/2009)

May 29, 2009 PACER
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 PACER
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 PACER
39

NOTICE of Disclosure by James Morrow Plaintiffs' Notice of Disclosure (Garrigan, Timothy) (Entered: 06/19/2009)

June 19, 2009 PACER
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 PACER
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 PACER
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

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3 Text of Proposed Order

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June 30, 2009 PACER
43

AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against all defendants, filed by James Morrow.(Garrigan, Timothy) (Entered: 06/30/2009)

June 30, 2009 PACER
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

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Text of Proposed Order

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June 30, 2009 PACER
45

NOTICE by James Morrow Definition of Proposed Class and Related Briefing (Garrigan, Timothy) (Entered: 06/30/2009)

June 30, 2009 PACER
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 PACER
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

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July 1, 2009 PACER
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

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July 1, 2009 PACER
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

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July 1, 2009 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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

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July 13, 2009 PACER
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

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July 15, 2009 PACER
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 PACER
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

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Text of Proposed Order

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July 20, 2009 PACER
60

ANSWER to 43 Amended Complaint by Shelby County District Attorney Linda K. Russell.(Miller, Reid) (Entered: 07/21/2009)

July 21, 2009 PACER
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 PACER
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

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July 24, 2009 PACER
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

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July 24, 2009 PACER
64

NOTICE by James Morrow Of Position Regarding Scope of Pre-certification Discovery (Guillory, David) (Entered: 07/26/2009)

July 26, 2009 PACER
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 PACER
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 PACER
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

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July 28, 2009 PACER
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 PACER
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

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July 30, 2009 PACER
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 PACER
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 PACER
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

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Aug. 4, 2009 PACER
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 PACER
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 PACER
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 PACER
76

NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell Second Supplemental (Henson, Walter) (Entered: 08/04/2009)

Aug. 4, 2009 PACER
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 PACER

Notice of Docket Correction

Aug. 5, 2009 PACER
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 PACER
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 PACER

Notice of Docket Correction

Aug. 7, 2009 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
86

MEMORANDUM OPINION AND ORDER - (see order for details). Signed by Judge T. John Ward on 8/20/09. (ch, ) (Entered: 08/20/2009)

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 PACER
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 PACER
89

NOTICE of Disclosure by James Morrow Plaintiffs' Notice of Disclosure (Garrigan, Timothy) (Entered: 08/24/2009)

Aug. 24, 2009 PACER
90

NOTICE by Danny Green, Shelby County Precinct 4 Constable Randy Whatley of Privilege Log (Rook, Chad) (Entered: 08/24/2009)

Aug. 24, 2009 PACER
92

NOTICE of Disclosure by Shelby County District Attorney Linda K. Russell (Third Supplemental) (Henson, Walter) (Entered: 09/09/2009)

Sept. 9, 2009 PACER
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 PACER

State / Territory: Texas

Case Type(s):

Policing

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 National (all projects)

Legal Services/Legal Aid

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Tenaha, City

Shelby County, County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Recordkeeping

Monitoring

Monitor/Master

Issues

General:

Disparate Treatment

False arrest

Over/Unlawful Detention

Pattern or Practice

Personal injury

Racial profiling

Search policies

Transportation

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Race, unspecified