Case: Ray v. Judicial Corrections Services

2:12-cv-02819 | U.S. District Court for the Northern District of Alabama

Filed Date: Aug. 28, 2012

Closed Date: Sept. 29, 2020

Clearinghouse coding complete

Case Summary

On August 28, 2012, three Alabama residents filed a federal class lawsuit against the city of Childersburg, Alabama and the private, for-profit law enforcement company the city used to collect law-enforcement related fines, costs, and fees. The plaintiffs sued in the U.S. District Court for the Northern District of Alabama, seeking a declaratory judgment and an injunction. They asserted claims under both federal and state law. Public Justice, Professor Erwin Chemerinsky, and private counsel re…

On August 28, 2012, three Alabama residents filed a federal class lawsuit against the city of Childersburg, Alabama and the private, for-profit law enforcement company the city used to collect law-enforcement related fines, costs, and fees. The plaintiffs sued in the U.S. District Court for the Northern District of Alabama, seeking a declaratory judgment and an injunction. They asserted claims under both federal and state law. Public Justice, Professor Erwin Chemerinsky, and private counsel represented the plaintiffs.

The residents' allegations were as follows: The defendant, Judicial Corrections Services (JCS) offered an "offender paid system" free of charge to the city government. At times, the defendant had acted under the color of state law in collecting fines, costs, and fees. In addition, it had acted as a quasi-judicial agency of the city at times. The company officers had the appearance of state authority and were referred to as "probation officers," although they had no such authority under Alabama statutes. The employees of the private company constructed documents that appeared to be court orders, holding them out as having the force of court orders. The city knew this, but allowed the company employees to collect fines, threaten members of the plaintiff class with incarceration, and incarcerate persons who had not paid the fines. Further, members of the plaintiff class had been placed on "probation" by the private company's employees, leading to payment of fines, costs, and fees. Moreover, the defendants had increased the amount of these fines from the amounts printed on the "probation" papers. The defendants did not have due process protections or procedures in place.

The lawsuit, brought under 42 U.S.C. § 1983, alleged denial of due process in violation of the Fourth, Fifth, Sixth, Eighth, Thirteenth, and Fourteenth Amendments of the United States Constitution and the Alabama Constitution. Plaintiffs alleged that defendants imposed incarceration for failure to pay fines and costs without a hearing to determine indigency. They also alleged that defendants imposed terms of incarceration and other costs and fines beyond the statutory maximum allowed under Alabama law. The suit further alleged denial of equal protection. The plaintiffs claimed that defendants, acting under color of state law, automatically imposed incarceration upon those unable to pay fines and costs without a hearing to determine indigency.

Further, the suit alleged that defendants unlawfully arrested, prosecuted, and detained people when they had no jurisdiction or authority under Alabama law. Finally, the plaintiffs alleged that the enterprise itself was unconstitutional and illegal, because the city allowed a private company to operate a quasi-judicial system for private profit.

On April 26, 2013, plaintiffs filed a second amended complaint preserving and expounding upon their allegations against JCS and Childersburg. The complaint sought the certification of two classes: 1) past and future individuals who received fines from JCS that were or could be converted to probation, and 2) all individuals who were incarcerated, or may be subject to incarceration for failure to pay charges and fees without consideration of their indigency.

JCS and Childersburg moved separately to dismiss the second amended complaint. On September 26, 2013, Judge R. David Proctor issued opinions granting in part and denying in part defendants' motions to dismiss. Judge Proctor sustained all of the plaintiffs' allegations and claims for relief, except for the plaintiffs' request that any currently incarcerated indigent persons jailed for nonpayment of fines be released. He found that federal habeas corpus law was the only avenue for this form of relief.

Following this opinion, the parties began discovery. Over the next several years, discovery proceeded, as did various discovery disputes.

Childersburg moved for summary judgment on July 28, 2016. Meanwhile, the plaintiffs moved to certify two classes consisting of the following on August 11, 2016: "All individuals who, as of August 28, 2010 or thereafter, were assigned by municipal courts in Alabama to 'probation' with JCS for the collection of fines, fees and costs. A subclass of this class would include those individuals within the above class who received, such treatment before the Childersburg Municipal Court" and also "[a]ll individuals who, after being assigned to JCS by August 28, 2010 or thereafter, were incarcerated, or may be subject to incarceration, without consideration of their indigency for failure to pay fines, fees and costs." The plaintiffs then moved for partial summary judgment on September 19, 2016 to declare Childersburg's probation practice an unconstitutional denial of equal protection as well as to declare void the contract between the city and JCS. Over the next several months, the parties submitted various motions for summary judgment as to particular claims.

On October 28, 2016, the court terminated the motion for class certification, though it allowed it to be re-filed subject to its resolution of the summary judgment motions.

On February 17, 2017, the court granted the city's motions for summary judgment, dismissing the plaintiffs' claims against the city. The court found that "no City policy or custom is at issue in this case because Plaintiffs complain of judicial acts for which the Municipal Court is responsible." The court found that city police officers were "entitled to absolute quasi-judicial immunity for executing facially valid court orders" and that the plaintiffs had not identified a final decision-maker from the city who was ultimately "responsible for issuing a policy or custom directing officers to arrest probationers." The court also did not find a causal link between the city's policies the plaintiffs' constitutional violation claims. Finally, the court held that some of the plaintiffs' claims were barred by a two-year statute of limitations. 2017 WL 660842.

On September 12, 2017, the court denied the plaintiffs' motion for partial summary judgment, granted defendant Correctional Healthcare summary judgment, and granted in part and denied in part summary judgment for defendant JCS. 270 F.Supp.3d 1262. Specifically, the court denied the plaintiffs' request that it declare (1) the defendants' probation practices unconstitutional under the Equal Protection Clause, (2) the contract between JCS and the city void, and (3) void probation sentences "initiated by a blank order or premised upon an offense that was not adjudicated by the Municipal Court’s judge." The court found insufficient evidence "that the City agreed with JCS (or anyone else) to violate probationers’ constitutional rights."

The court also dismissed the plaintiffs' requests for injunctive and declaratory relief as moot because JCS was no longer conducting business in Alabama, subject to re-pleading if that should change. The court granted the defendants' summary judgment motion on some due process claims as well as claims relating to the Fourth Amendment, Sixth Amendment, Eighth Amendment, and excessive fines. The defendants were denied summary judgment as to the plaintiffs' due process challenge to JCS's extension of their probation sentences beyond the statutory maximum because "a reasonable jury could find that JCS's case handling customs and policies—rather than the conduct of its employees—was the moving force behind the procedural due process violations." 2017 WL 4012933.

On June 15, 2018, the court granted limited reconsideration to plaintiffs’ equal protection claim. According to the court, the claim could go forward on a § 1983 conspiracy theory because a reasonable fact-finder could conclude that there was a conspiracy to imprison plaintiffs based solely on their inability to pay fines and fees to JCS. 2018 WL 3012276.

On July 6, 2018, the plaintiffs filed an amended complaint against JCS, seeking class certification for two classes: all individuals who were arrested or incarcerated after failing to pay fees, fines or costs to JCS statewide, and by Childersburg Municipal Court specifically. Plaintiffs brought three counts against JCS. First, they levied a due process challenge against JCS both as an independent actor and in conspiracy with Childersburg Municipal Court. Plaintiffs alleged that the imprisonment of plaintiffs who were unable to pay fees, fines, or costs to JCS and threats of arrest for nonpayment without any determination of willfulness or indigency constituted a deprivation of constitutional due process rights. Under JCS’s system, plaintiffs also alleged violation of Sixth Amendment right to counsel. Plaintiffs unable to pay JCS’s fines, fees, and costs were threatened with jail and actually imprisoned without access to counsel. Finally, the plaintiffs claimed denial of the right to equal protection under the Fourteenth Amendment because plaintiffs were deprived of their rights solely based on their wealth without any determination of willfulness or ability to pay.

On September 26, 2019, the court denied the plaintiffs' class certification. According the court, it would not be administratively feasible or ascertainable to certify either of the classes proposed by plaintiffs. Additionally, the court found that class concerns did not predominate over individual legal questions for the putative class members. According to the court, many of the putative class members would have been placed on probation for reasons other than JCS’s unilateral action. Determination of this issue would require substantial individualized fact-finding and render the class unmanageable. 333 F.R.D. 552.

After class certification was denied, the two parties entered into settlement discussions. Judge Proctor periodically required the parties to provide status reports on settlement negotiations in this and a group of similar cases also filed in the Northern District of Alabama: Woods (2:15-cv-00493), Hall (4:15-cv-01656), Moore (4:16-cv-00914), Foshee (1:16-cv-01030), and Hamilton (2:18-cv-00933). Following a year of settlement discussions, the parties entered into a stipulation to dismiss the plaintiffs' claims against the single remaining defendant JCS with each party to bear their own costs. The stipulation did not indicate that the parties reached a settlement, and presumably, they did not. Thus, on September 29, 2020, the case was dismissed with prejudice. This case is closed.

Summary Authors

Emily Goldman (10/12/2012)

Benjamin St. Pierre (4/7/2015)

Virginia Weeks (1/26/2018)

Dan Toubman (5/27/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4126887/parties/ray-v-judicial-corrections-services-inc/


Judge(s)

Ott, John E. (Alabama)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Bailey, Leslie A. (California)

Chemerinsky, Erwin (California)

Cohn, Kali Alanna (Texas)

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Hardingham, Brian (California)

Parrish, Alexandria (Alabama)

Saldivar, Edgar (Texas)

Judge(s)

Ott, John E. (Alabama)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Bailey, Leslie A. (California)

Chemerinsky, Erwin (California)

Cohn, Kali Alanna (Texas)

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Hardingham, Brian (California)

Parrish, Alexandria (Alabama)

Saldivar, Edgar (Texas)

Wiggins, Robert L Jr. (Alabama)

Attorneys(s) for Defendant

Anderson, Lewis Conrad IV (Alabama)

Bobb, Andrew A. (Texas)

Boyd, David R. (Alabama)

Bromberg, Lee Carl (Massachusetts)

Cook, Gregory C. (Alabama)

Donahue, Timothy P. (Alabama)

Espy, Chase T (Alabama)

Ezelle, Jay M. (Alabama)

Finch, Fredrick Lane Jr. (Alabama)

Friedman, Christopher Knox (Alabama)

Gray, William Patton Jr. (Alabama)

Green, Wilson F. (Alabama)

Haden, Edgar Robert (Alabama)

Hunt, Joseph H. (District of Columbia)

Israel, Adam Kent (Alabama)

Jackson, Michael Leon (Alabama)

Leavens, Ginny Willcox (Alabama)

Logsdon, Larry Stephen (Alabama)

Morse, Wayne Jr. (Alabama)

Patrick, Ryan K. (Texas)

Pickett, Daniel Robert (Alabama)

Richardson, Brian C. (Alabama)

Robertson, Douglas N. (Alabama)

Scott, A. Donald (Alabama)

Shapiro, Elizabeth J. (District of Columbia)

Sistrunk, Stephen A. (Alabama)

Tankersley, Will Hill (Alabama)

Winborn, Wesley Kyle (Alabama)

Documents in the Clearinghouse

Document

2:12-cv-02819

Docket [PACER]

Sept. 29, 2020

Sept. 29, 2020

Docket
1

2:12-cv-02819

Complaint

U.S. District Court for the Southern District of Alabama

Aug. 28, 2012

Aug. 28, 2012

Complaint
10

2:12-cv-02819

Order

Sept. 18, 2012

Sept. 18, 2012

Order/Opinion
50

2:12-cv-02819

Second Amended and Restated Complaint

Ray v. Judicial Corrections Services, Inc.

April 26, 2013

April 26, 2013

Complaint
65

2:12-cv-02819

Memorandum Opinion [Granting in Part Denying in Part Defendant's Motion to Dismiss]

2013 WL 5428360

Sept. 26, 2013

Sept. 26, 2013

Order/Opinion
67

2:12-cv-02819

Memorandum Opinion [ Granting in Part Denying in Part Defendant's Motion to Dismiss]

2013 WL 5428395

Sept. 26, 2013

Sept. 26, 2013

Order/Opinion
133

2:12-cv-02819

Memorandum Opinion [Granting in Part Denying in Part Motion to Quash Subpoena]

2014 WL 5090723

Oct. 9, 2014

Oct. 9, 2014

Order/Opinion
256

2:12-cv-02819

Third Amended and Restated Complaint

Ray v. Judicial Correction Services, Inc.

July 27, 2015

July 27, 2015

Complaint
305

2:12-cv-02819

Fourth Amended and Restated Complaint

Ray v. Judicial Correction Services, Inc.

Feb. 1, 2016

Feb. 1, 2016

Complaint
569

2:12-cv-02819

Memorandum Opinion

2017 WL 660842

Feb. 17, 2017

Feb. 17, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126887/ray-v-judicial-corrections-services-inc/

Last updated Aug. 6, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Childersburg, Alabama, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc, B J Meeks, filed by Gina Kay Ray, Deuante T Jews, Kalus K Johnson.(KAM, ) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

RECAP

Filing Fee - Pay.gov

Aug. 29, 2012

Aug. 29, 2012

PACER

Filing Fee Received: $350, Receipt# 1126-1744571 (ALND# B4601036560). (Dawson, William) Modified on 8/30/2012 (AVC).

Aug. 29, 2012

Aug. 29, 2012

PACER
2

Request for service by certified mail filed by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Dawson, William) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER
3

Summons Issued as to Childersburg, Alabama, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc, B J Meeks; mailed certified mail. (AVC) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
4

SUMMONS Returned Executed Childersburg, Alabama, B J Meeks served on 8/31/2012, answer due 9/21/2012. (AVC) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
5

SUMMONS Returned Executed Correctional Healthcare Companies Inc served (no date on green card); Judicial Corrections Services Inc served on 8/31/2012, answer due 9/21/2012. (AVC) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
6

MOTION to Dismiss by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

RECAP
7

Brief in Support of Dismissal in Compliance with Exhibit B of the Court's Order 6 filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) Modified on 9/18/2012 (AVC). (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

RECAP
8

Corporate Disclosure Statement by Judicial Corrections Services Inc. (Morse, Wayne) Modified on 9/18/2012 (AVC). (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
9

Corporate Disclosure Statement by Correctional Healthcare Companies Inc. (Morse, Wayne) Modified on 9/18/2012 (AVC). (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

RECAP
10

ORDER -The matter is before the court on Defendants' Judicial Correction Services, Inc. and Correctional Healthcare Services, Inc. Motion to Dismiss 6 . The parties SHALL brief the issues raised by the motions in accordance with "Exhibit B," attached hereto. Pltfs' responsive submission(s) shall be filed no later than seven (7) calendar days after the entry of this order. Dfts' reply submission(s) shall be filed no later than three (3) calendar days after the date on which the responsive submission(s) is filed. Any non-summary judgment motions filed after the entry of this order SHALL comply with the provisions of Exhibit B without further order from the court. Signed by Judge R David Proctor on 9/18/2012. (AVC) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
11

NOTICE of Appearance by Douglas N Robertson on behalf of Judicial Corrections Services Inc (Robertson, Douglas) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
12

MOTION to Dismiss by Childersburg, Alabama, B J Meeks. (Scott, Alvin) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
13

NOTICE of Appearance by Timothy P Donahue on behalf of Childersburg, Alabama, B J Meeks (Donahue, Timothy) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
14

MOTION for Joint Scheduling Order by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
15

ORDER-Before the court is Pltfs' Motion for Joint Scheduling Order 14 . The motion is GRANTED. The court will consolidate the briefing schedule on Dfts' Motions. Pltfs' responsive submissions to both Motions to Dismiss 6 & 12 SHALL be filed on or before 10/5/2012. Dfts' reply submissions SHALL be filed no later than three (3) calendar days after the date on which the responsive submissions are filed. Any non-summary judgment motions filed after the entry of this order SHALL comply with the provisions of "Exhibit B" attached to the court's order 10 . Signed by Judge R David Proctor on 9/24/2012. (AVC) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
16

MOTION to Extend Time to File Reply Submission by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
17

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and Local Rule LR26.1(d)- with appendices attached. Signed by Judge R David Proctor on 10/2/2012. (AVC) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
18

TEXT ORDER- Before the court is Defendants Judicial Correction Services and Correctional Healthcare Companies' Motion to Extend Time to File Reply Submission (Doc. # 16), filed on October 2, 2012. For good cause shown, the Motion is GRANTED. Defendants Judicial Correction Services and Correctional Healthcare Companies SHALL file a Reply, if any, to Plaintiffs' Response to Defendants Motion to Dismiss on or before October 10, 2012. Signed by Judge R David Proctor on 10/2/2012. (AVC) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
19

TEXT ORDER -Before the court is Defendants Town of Childersburg and B.J. Meeks' informal request for an extension of time to file a reply to Plaintiffs' Response to Defendants' Motion to Dismiss. For good cause shown, the request is GRANTED. Defendants Town of Childersburg and B.J. Meeks SHALL file a reply to Plaintiffs' Response to Defendants' Motion to Dismiss on or before OCTOBER 10, 2012. Signed by Judge R David Proctor on 10/5/2012. (AVC) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
20

RESPONSIVE SUBMISSION to Motion to Dismiss 6 filed by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) Modified on 10/5/2012 (AVC). (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

RECAP
21

RESPONSIVE SUBMISSION to Motion to Dismiss 12 filed by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) Modified on 10/5/2012 (AVC). (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
22

REPLY to Responsive Submission to Motion to Dismiss 20, 21 in Compliance with Exhibt B of the Court's Order filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) Modified on 10/10/2012 (AVC). (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
23

REPLY Brief filed by Defendants Childersburg, Alabama, B J Meeks re: 22 REPLY (other), 21 Response to Motion, 12 MOTION to Dismiss filed by Childersburg, Alabama, B J Meeks. (Scott, Alvin) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
24

RESPONSE to Plaintiff's Request for Oral Argument filed by Childersburg, Alabama, B J Meeks. (Scott, Alvin) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
25

TEXT ORDER -Before the court are Defendants' Motions to Dismiss (Docs. #6, #12), filed on September 18, 2012 and September 21, 2012. The court hereby SETS this matter for ORAL ARGUMENT on Tuesday, November 20, 2012 at 9:30 a.m. in Courtroom 7A, Hugo L. Black Courthouse, 1729 5th Ave. North, Birmingham, Alabama 35203. Signed by Judge R David Proctor on 10/26/2012. (AVC) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
26

Joint MOTION to Stay Discovery and to Suspend Obligations Under FRCP Rule 26(a) and Local Rule 26.1 by Childersburg, Alabama, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc, B J Meeks. (Morse, Wayne) Modified on 10/30/2012 (AVC). (Entered: 10/30/2012)

Oct. 30, 2012

Oct. 30, 2012

PACER
27

TEXT ORDER- Before the court is Defendants' Joint Motion to Stay Discovery and Suspend Obligations Under Federal Rule of Civil Procedure Rule 26(a) and Local Rule 26.1 (Doc. #26), filed on October 30, 2012. For good cause shown, the Motion (Doc. #26) is GRANTED. Once the court rules upon the Motions to Dismiss (Docs. #6, #12), the court will set this matter for a status conference to discuss further scheduling. Signed by Judge R David Proctor on 11/1/2012. (AVC) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER

Motion Hearing

Nov. 20, 2012

Nov. 20, 2012

PACER

Minute Entry for proceedings held before Judge R David Proctor: Plaintiffs shall draft a restated amended complaint as directed and provide a copy to dfts by 12/6/2012. Plaintiffs shall file the restated amended complaint no later than 12/20/2012. Defendants' responsive pleading shall be filed no later than 1/14/2013. The parties shall have the Rule 26 Meeting no later than 1/21/2012.(Court Reporter Anita McCorvey.) (KLL)

Nov. 20, 2012

Nov. 20, 2012

PACER
28

ORDER-re: Status Conference held on this date. Pltfs are instructed to file an amended complaint by 12/20/2012 to correct "shotgun" pleading deficiencies. Pltfs SHALL share a draft of the amended complaint with Dfts by 12/6/2012. Dfts SHALL file a responsive pleading to the amended complaint by 1/17/2013. The court hereby LIFTS the stay on the parties' obligations under FRCP 26(a) and Local Rule 26.1. The parties SHALL confer about a date during the week of 1/21/2013 on which to conduct a parties planning meeting. Signed by Judge R David Proctor on 11/20/2012. (AVC, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
29

AMENDED and Restated Complaint by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) Modified on 12/20/2012 (AVC). (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

RECAP
30

MOTION to Dismiss Amended Complaint by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
31

Brief in Support of Dismissal of the Amended Complaint 30 filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) Modified on 1/16/2013 (AVC). (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
32

MOTION to Dismiss Amended Complaint by Childersburg, Alabama. (Scott, A) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
33

Brief in Support of Motion to Dismiss Amended Complaint 32 by City of Childersburg, The . (Scott, A) Modified on 1/18/2013 (AVC). (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
34

RESPONSE to Motion to Dismiss Amended Complaint and Restated Complaint in Response to Exhibit B of Court's Order 30 filed by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) Modified on 2/6/2013 (AVC). (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
35

RESPONSIVE Submission to Motion to Dismiss Amended Complaint 32 filed by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Evans, G) Modified on 2/6/2013 (AVC). (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
36

TEXT ORDER -Before the court is Defendants Correctional Healthcare Companies, Inc., Judicial Corrections Services, Inc., and the Town of Childersburg's informal request for additional time within which to file their replies to Plaintiffs' responses to Defendants' Motions to Dismiss. (Docs. #30, #32). For good cause shown, the request is GRANTED. On or before February 20, Defendants SHALL file any reply briefs in accordance with Exhibit B, attached to the Initial Order. (Doc. #17). Signed by Judge R David Proctor on 2/6/2013. (AVC) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
37

BRIEF in Support of Dismissal of the Amended Complaint 30 filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) Modified on 2/20/2013 (AVC). (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
38

REPLY to Plaintiffs' Responsive Submission to Motion to Dismiss 35 filed by Childersburg, Alabama. (Scott, A) Modified on 2/20/2013 (AVC). (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
39

TEXT ORDER -The court has been informed that the parties are in disagreement regarding a parties' planning report. This matter is hereby SET for a hearing on April 4, 2013 at 10:00 a.m. in Courtroom 7A, Hugo L. Black United States Courthouse, 1729 Fifth Avenue North, Birmingham, AL 35203. Signed by Judge R David Proctor on 3/14/2013. (AVC) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
40

TEXT ORDER -This matter is set for a hearing on April 4, 2013 to discuss disputes regarding the parties' planning report. During this hearing, the court may hear legal argument on the pending motions to dismiss (Docs. #30, #32). In the event the court does so, the parties should be prepared to present legal argument on the following issues related to these motions: (1) Whether JCS/CHC acted "under the color of state law;" (2) Whether Plaintiffs' Complaint states a claim for relief against JCS/CHC and Childersburg under Section 1983 for Fourth, Sixth, and Eighth Amendment violations; (3) Whether Plaintiffs' Complaint states a claim for municipal liability against Childersburg; and (4) Whether Plaintiffs' Section 1983 claims are barred by the statute of limitations. Signed by Judge R David Proctor on 3/28/2013. (AVC) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
41

TEXT ORDER -This matter is currently set for a hearing on Thursday, April 3, 2013 at 10:00 a.m. The hearing is hereby RESET for 1:30 p.m. that same day. Signed by Judge R David Proctor on 4/2/2013. (AVC) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER
42

CORRECTED TEXT ORDER -This matter is currently set for a hearing on Thursday, April 4, 2013 at 10:00 a.m. The hearing is hereby RESET for 1:30 p.m. that same day. Signed by Judge R David Proctor on 4/2/2013. (AVC) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER

Hearing In Aid Of Judgment

April 4, 2013

April 4, 2013

PACER

Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 4/4/2013. Plaintiffs shall amend the complaint as directed within 15 days; defendants' responsive pleading due within 30 days thereafter. (Court Reporter Anita McCorvey.) (KLL)

April 4, 2013

April 4, 2013

PACER
43

ORDER: In accordance with the discussions during the status conference on 4/4/13, it is hereby ORDERED as follows: Plaintiffs SHALL file a Second Amended Complaint on or before 4/19/13; Defendants SHALL respond to Plaintiffs' Second Amended Complaint within 30 days of its filing; the parties SHALL have a face to face meeting before Defendants file any response to Plaintiffs' Second Amended Complaint; 30 and 32, Motions to Dismiss, are MOOT. Signed by Judge R David Proctor on 04/04/13. (CVA) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER

Order on Motion to Withdraw as Attorney

April 5, 2013

April 5, 2013

PACER
44

MOTION to Withdraw as Attorney by Deuante T Jews, Kalus K Johnson, Gina Kay Ray. (Dawson, William) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER

ORDER Before the court is a Motion to Withdraw (Doc. #44), filed on April 5, 2013 by William M. Dawson. For good cause shown, the Motion (Doc. #44) is GRANTED. Attorney Dawson is hereby TERMINATED. Signed by Judge R David Proctor on 4/5/13. (ASL)

April 5, 2013

April 5, 2013

PACER
45

TEXT ORDER-Before the court is Plaintiffs' informal request for an extension of time within which to file their Second Amended Complaint. For good cause shown, the Request is GRANTED. Plaintiffs SHALL file their Second Amended Complaint on or before Friday, April 26, 2013. All other terms in the court's April 4, 2013 order remain operative. Signed by Judge R David Proctor on 04/17/13. (CVA) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
46

NOTICE of Appearance by Jay M Ezelle on behalf of Correctional Healthcare Companies Inc, Judicial Corrections Services Inc (Ezelle, Jay) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER

Order on Motion to Withdraw as Attorney

April 24, 2013

April 24, 2013

PACER
47

MOTION to Withdraw by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Morse, Wayne) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER
48

TEXT ORDER: Before the court is a Motion to Withdraw, 47, filed on April 24, 2013. For good cause shown, the Motion, 47, is GRANTED. Attorney Morse is TERMINATED from his representation of Defendants Judicial Correction Services and Correctional Healthcare Services. These Defendants are now represented by Jay Ezelle, Douglas Robertson, and William Gray, all of whom have filed notices of appearance on behalf of these Defendants. Signed by Judge R David Proctor on 04/24/13. (CVA) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER
49

MOTION to Withdraw as Attorney by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Robertson, Douglas) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER

ORDER Before the court is a Motion to Withdraw (Doc. #49), filed on April 24, 2013 by attorneys William Gray and Douglas Roberston. For good cause shown, the Motion (Doc. #49) is GRANTED. Attorneys Gray and Robertson are TERMINATED from their representation of Defendants Judicial Correction Services and Correctional Healthcare Companies. These Defendants will continue to be represented by Jay Ezelle. Signed by Judge R David Proctor on 4/24/13. (ASL)

April 24, 2013

April 24, 2013

PACER
50

SECOND AMENDED COMPLAINT and Restated Complaint against Judicial Corrections Services, Inc, Correctional Healthcare Companies, Inc., Childersburg, City of, The filed by Deuante T Jews, Gina Kay Ray, Kalus K Johnson, Timothy Fugatt, Kristy Fugatt.(Evans, G) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

RECAP
51

MOTION to Dismiss Second Amended Complaint by Childersburg, Alabama. (Scott, A) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
52

Brief in Support of Motion to Dismiss Second Amended Complaint 51 by City of Childersburg(Scott, A) Modified on 5/28/2013 (AVC). (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
53

NOTICE of Appearance by C Clayton Bromberg, Jr on behalf of Correctional Healthcare Companies Inc, Judicial Corrections Services Inc (Bromberg, C) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
54

NOTICE of Appearance by Stephen A Sistrunk on behalf of Correctional Healthcare Companies Inc, Judicial Corrections Services Inc (Sistrunk, Stephen) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
55

MOTION to Dismiss the Second Amended Complaint by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Bromberg, C) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
56

Brief in Support of Motion to Dismiss Second Amended Complaint 55 filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Bromberg, C) Modified on 5/29/2013 (AVC). (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
57

NOTICE of Appearance by Robert L Wiggins, Jr on behalf of Kristy Fugatt, Timothy Fugatt, Deuante T Jews, Gina Kay Ray (Wiggins, Robert) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
58

TEXT ORDER - Before the court are Defendants' Motions to Dismiss Second Amended Complaint (Docs. #51, #55), both filed on May 28, 2013. The parties are REMINDED to brief the Motions (Docs. #51, #55) in accordance with Exhibit B, which is attached to the Initial Order. (See Doc. #17). Signed by Judge R David Proctor on 05/30/13. (SFR, ) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
59

TEXT ORDER -Before the court is Plaintiffs' unopposed informal request for an extension of time to file responses to Defendants' Motions to Dismiss (Docs. #51, #55). The request is GRANTED. Plaintiffs SHALL file their responses on or before Friday, June 7, 2013. Defendants SHALL file their replies, if any, on or before Friday, June 14, 24013. Signed by Judge R David Proctor on 6/4/2013. (AVC) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
60

RESPONSE to Motion to Dismiss Second Amended Complaint 55 filed by Kristy Fugatt, Timothy Fugatt, Deuante T Jews, Gina Kay Ray. (Evans, G) Modified on 6/10/2013 (AVC). (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
61

RESPONSIVE Submission to Motion to Dismiss Second Amended Complaint 51 filed by Kristy Fugatt, Timothy Fugatt, Deuante T Jews, Gina Kay Ray. (Evans, G) Modified on 6/10/2013 (AVC). (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
62

TEXT ORDER -Before the court is Defendant Town of Childersburg's unopposed informal request for an extension of time to file its reply brief regarding its Motion to Dismiss (Doc. #51). The request is GRANTED. Defendant Town of Childersburg SHALL file its reply on or before June 20, 2013. Signed by Judge R David Proctor on 6/13/2013. (AVC) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
63

REPLY in Further Support of JCS's Motion to Dismiss the Second Amended Complaint 55 filed by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Ezelle, Jay) Modified on 6/17/2013 (AVC). (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
64

REPLY to Responsive Submission to Motion to Dismiss 61 filed by Childersburg, Alabama. (Scott, A) Modified on 6/20/2013 (AVC). (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
65

MEMORANDUM OPINION-re: Dft's Motion to Dismiss 51 . Signed by Judge R David Proctor on 9/26/2013. (AVC) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

RECAP
66

ORDER-In accordance with the Memorandum Opinion 65, Dft's Motion to Dismiss Pltfs' Second Amended Complaint 51 is GRANTED IN PART and DENIED IN PART. Pltfs' claims further set out in this order are DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 9/26/2013. (AVC) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
67

MEMORANDUM OPINION-re: Motion to Dismiss Plaintiffs' Second Amended Complaint 55 . Signed by Judge R David Proctor on 9/26/2013. (AVC) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

RECAP
68

ORDER -In accordance with the Memorandum Opinion 67, Dft's Motion to Dismiss Pltfs' Second Amended Complaint 55 is GRANTED IN PART and DENIED IN PART. Plfs' claims as further set out in this order are DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 9/26/2013. (AVC) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
69

NOTICE of Appearance by Daniel Robert Pickett on behalf of Childersburg, City of, The (Pickett, Daniel) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
70

MOTION to Withdraw A. Donald Scott, Jr. by Childersburg, City of, The. (Scott, A) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
71

ANSWER to 50 Amended Complaint by Childersburg, City of, The.(Pickett, Daniel) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
72

TEXT ORDER - Before the court is a Motion to Withdraw (Doc. #70), filed on October 7, 2013 by attorney A. Donald Scott, Jr. The Motion is GRANTED. Attorney Scott is TERMINATED. Signed by Judge R David Proctor on 10/11/2013. (AVC) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
73

ANSWER to Complaint by Correctional Healthcare Companies Inc, Judicial Corrections Services Inc.(Bromberg, C) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
74

REPORT of Rule 26(f) Planning Meeting. (Evans, G) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
75

REPORT of Rule 26(f) Planning Meeting. (Ezelle, Jay) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
76

MOTION for Protective Order by Childersburg, City of, The, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Bromberg, C) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
77

TEXT ORDER - Before the court is Defendants Opposed Motion for Protective Order 76, filed on December 11, 2013. In order to resolve the parties disagreement over the proposed protective order [76, Ex. A], this case is SET for a hearing on Thursday, December 19, 2013 at 10:30 a.m. in courtroom 7A of the Hugo L. Black U.S. Courthouse. The parties SHALL submit briefs detailing their objections to the proposed protective order on or before December 16, 2013, and SHALL submit reply briefs on or before December 18, 2013.. Signed by Judge R David Proctor on 12/12/2013. (KAM, ) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

PACER
78

MOTION to Continue Hearing on Motion for Protective Order by Childersburg, City of, The, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Bromberg, C) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
79

TEXT ORDER - Before the court is Defendants Motion to Continue Hearing on Motion for Protective Order 78, filed on December 13, 2013. For good cause shown, the Motion 78 is GRANTED. On or before December 20, 2013, the parties SHALL provide the court with suitable alternative dates on which to hold the continued hearing. Signed by Judge R David Proctor on 12/16/13. (ASL) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
80

NOTICE by Childersburg, City of, The Notice of Hearing Dates (Pickett, Daniel) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
81

TEXT ORDER - This case is SET for a telephone conference at 1:30 p.m. on Wednesday, January 8, 2014 to discuss the parties dispute over Defendants Proposed Protective Order [76, Ex. A]. The court will initiate the call. Signed by Judge R David Proctor on 1/2/2014. (AVC) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
82

RESPONSE to Motion for Protective Order 76 filed by Kristy Fugatt, Timothy Fugatt, Deuante T Jews, Gina Kay Ray. (Evans, G) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
83

REPLY in Further Suppor of Motion for Protective Order 76 filed by Childersburg, City of, The, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Attachments: # 1 Exhibit A)(Bromberg, C) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER

Telephone Conference

Jan. 8, 2014

Jan. 8, 2014

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 1/8/2014. The proposed Protective Order will be entered separately by the court as agreed to by the parties. (KLL)

Jan. 8, 2014

Jan. 8, 2014

PACER
84

ORDER granting 76 Motion for Protective Order. Signed by Judge R David Proctor on 1/8/2014. (AVC) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
85

PROTECTIVE ORDER. Signed by Judge R David Proctor on 1/8/2014. (AVC) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
86

Joint MOTION to Supplement Protective Order by Childersburg, City of, The, Correctional Healthcare Companies Inc, Judicial Corrections Services Inc. (Attachments: # 1 Exhibit A)(Ezelle, Jay) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

PACER
87

SUPPLEMENTAL PROTECTIVE ORDER. Signed by Judge R David Proctor on 3/26/2014. (KAM, ) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
88

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 4/24/2014 10:00 AM in chambers Hugo L Black US Courthouse, Birmingham, AL before Judge R David Proctor. Signed by Judge R David Proctor on 3/31/14. (ASL) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2012

Closing Date: Sept. 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

1) past and future individuals who received fines from JCS that were or could be converted to probation, and 2) all individuals who were incarcerated, or may be subject to incarceration for failure to pay charges and fees without consideration of their indigency.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Judicial Correction Services, Inc., Private Entity/Person

Correctional Healthcare Companies, Inc., Private Entity/Person

Childersburg, Alabama, City

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness