Case: Augustine v. Ramsey

2:13-cv-06606 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 13, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On November 13, 2013, twenty-six protesters associated with Occupy Philadelphia, a large continuous political protest, filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the City of Philadelphia and nine city police commissioners and officers. The plaintiffs, represented by private counsel, claimed, inter alia, that the City of Philadelphia had used excessive force, including assault and battery, to forcefully restrain protesters from exercisi…

On November 13, 2013, twenty-six protesters associated with Occupy Philadelphia, a large continuous political protest, filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the City of Philadelphia and nine city police commissioners and officers. The plaintiffs, represented by private counsel, claimed, inter alia, that the City of Philadelphia had used excessive force, including assault and battery, to forcefully restrain protesters from exercising their freedom of expression on public property. Plaintiffs brought suit under 42 U.S.C. §1983 for violations of their First, Fourth, and Fourteenth Amendment rights, and sought compensatory and punitive damages and injunctive relief.

Specifically, the plaintiffs claimed that in the early morning of November 30, 2011, police officers removed them from a public space where protesters had been gathering for the previous seven weeks as part of an ongoing protest. The process of removal involved destruction of encampments and all personal property contained therein. Additionally, the Commissioner and Deputy Commissioner of the Philadelphia police made orders to arrest protesters, which the plaintiffs claim was based solely upon the anticipated protests resulting of their decision to evict the protesters. In the process of arrest, the plaintiffs were surrounded by defendant police officers on bicycles, corralled against the wall of a building, and unable to move. The plaintiffs were then handcuffed and taken into custody.

On March 6, 2014, defendants filed a motion to dismiss for failure to state a claim. The District Court (Judge Berie M. Schiller) ordered oral arguments on the motion to dismiss, which were held on April 15, 2014. On May 20, 2014, the court dismissed the plaintiffs' Fourth Amendment claims of excessive search and unreasonable search, finding that the plaintiffs' complaint had not offered sufficient facts on either claim. 2014 WL 2115479. The order granted the plaintiffs leave to amend the complaint.

On July 23, 2014, Judge Schiller consolidated another case, Reyes v. Ramsey, with this action, and directed that the claims of the plaintiff in Reyes be added to the plaintiffs' amended complaint. The plaintiffs filed their amended complaint on August 14, 2014.

The parties engaged in discovery throughout the rest of 2014 and 2015. A discovery dispute arose concerning the deposition of the Police Commissioner. On November 15, 2014, the court granted the defendants' motion for a protective order for the Commissioner, finding that as a high-ranking official, he should not have to sit for deposition unless his testimony would be necessary and unavailable from a lesser ranking officer. The court stated that if information obtained in the depositions of lesser ranking officers were to suggest that the Commissioner's deposition was necessary, the plaintiffs could move for reconsideration of the protective order. The plaintiffs filed such a motion for reconsideration on November 30, 2015, and the court vacated the protective order, finding that subordinate officers' testimony provided ample evidence that the Commissioner was directly involved in the subject matter of the litigation and therefore permitting the plaintiffs to take his deposition.

On July 25, 2016, the case was dismissed with prejudice pursuant to the agreement of the parties. The settlement does not appear to be publicly available.

Summary Authors

Richard Jolly (5/16/2014)

Sarah McDonald (8/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4370959/parties/augustine-v-ramsey/


Judge(s)

Schiller, Berle M. (Pennsylvania)

Attorneys(s) for Plaintiff

Hetznecker, Paul J. (Pennsylvania)

Hoffman, Elizabeth A. (Pennsylvania)

Krasner, Lawrence S. (Pennsylvania)

Long, Lloyd III (Pennsylvania)

Attorneys(s) for Defendant

Shoffel, Amanda C. (Pennsylvania)

Judge(s)

Schiller, Berle M. (Pennsylvania)

Attorneys(s) for Plaintiff

Hetznecker, Paul J. (Pennsylvania)

Hoffman, Elizabeth A. (Pennsylvania)

Krasner, Lawrence S. (Pennsylvania)

Long, Lloyd III (Pennsylvania)

Attorneys(s) for Defendant

Shoffel, Amanda C. (Pennsylvania)

Documents in the Clearinghouse

Document

2:13-cv-06606

Docket [PACER]

July 25, 2016

July 25, 2016

Docket
1

2:13-cv-06606

Complaint

Nov. 13, 2013

Nov. 13, 2013

Complaint
13

2:13-cv-06606

Memorandum

2014 WL 2115479

May 20, 2014

May 20, 2014

Order/Opinion
22

2:13-cv-06606

First Amended Complaint

Aug. 14, 2014

Aug. 14, 2014

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4370959/augustine-v-ramsey/

Last updated May 28, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO, POLICE OFFICERS JOHN DOE 1-25, POLICE OFFICERS JANE DOE 1-25 ( Filing fee $ 400 receipt number 091502.), filed by SEAN GOINS, MEGGAN DURST, GABRIELLE DUGAN, NOEL AUGUSTINE, RUSSELL EBRIGHT, TIMOTHY KYLE, DANIEL LUDWIG, SHAWN MCMONIGLE, EMMA JOHNSON, DUSTIN SLAUGHTER, DOMINICK KAIN, BENJAMIN NEATE, WALTER SMOLAREK, WILL DARWALL, TOORJO GHOSE, COLLIN MAGNESS, JAMES SAVAGE, GWEN SNYDER, MOSHE BITTERMAN, KYLE HEMPE, JASON RUSSELL, ADAM HILL, ALEX GROSSKURTH, MICHAEL MORRISON, KEVIN STUTMAN, MICHAEL BARANKOVICH. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(jwl, ) Modified on 11/14/2013 (jwl, ). (Entered: 11/14/2013)

1 Civil Cover Sheet

View on PACER

2 Designation Form

View on PACER

3 Case Management Track Form

View on PACER

Nov. 13, 2013

Nov. 13, 2013

PACER

Summons Issued as to KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO. Ten Forwarded To: Counsel on 11/14/13 (jwl, )

Nov. 13, 2013

Nov. 13, 2013

PACER

DEMAND for Trial by Jury by WILL DARWALL, NOEL AUGUSTINE, MICHAEL BARANKOVICH, MOSHE BITTERMAN, GABRIELLE DUGAN, MEGGAN DURST, RUSSELL EBRIGHT, TOORJO GHOSE, SEAN GOINS, ALEX GROSSKURTH, KYLE HEMPE, ADAM HILL, EMMA JOHNSON, DOMINICK KAIN, TIMOTHY KYLE, DANIEL LUDWIG, COLLIN MAGNESS, SHAWN MCMONIGLE, MICHAEL MORRISON, BENJAMIN NEATE, JASON RUSSELL, JAMES SAVAGE, DUSTIN SLAUGHTER, WALTER SMOLAREK, GWEN SNYDER, KEVIN STUTMAN. (jwl, )

Nov. 13, 2013

Nov. 13, 2013

PACER
2

NOTICE of Appearance by ELIZABETH A. HOFFMAN on behalf of WILL DARWALL, NOEL AUGUSTINE, MICHAEL BARANKOVICH, MOSHE BITTERMAN, GABRIELLE DUGAN, MEGGAN DURST, RUSSELL EBRIGHT, TOORJO GHOSE, SEAN GOINS, ALEX GROSSKURTH, KYLE HEMPE, ADAM HILL, EMMA JOHNSON, DOMINICK KAIN, TIMOTHY KYLE, DANIEL LUDWIG, COLLIN MAGNESS, SHAWN MCMONIGLE, MICHAEL MORRISON, BENJAMIN NEATE, JASON RUSSELL, JAMES SAVAGE, DUSTIN SLAUGHTER, WALTER SMOLAREK, GWEN SNYDER, KEVIN STUTMAN (HOFFMAN, ELIZABETH) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
3

WAIVER OF SERVICE Returned Executed by SEAN GOINS, MEGGAN DURST, GABRIELLE DUGAN, NOEL AUGUSTINE, RUSSELL EBRIGHT, TIMOTHY KYLE, DANIEL LUDWIG, SHAWN MCMONIGLE, EMMA JOHNSON, DUSTIN SLAUGHTER, DOMINICK KAIN, BENJAMIN NEATE, WALTER SMOLAREK, WILL DARWALL, TOORJO GHOSE, COLLIN MAGNESS, JAMES SAVAGE, GWEN SNYDER, MOSHE BITTERMAN, KYLE HEMPE, JASON RUSSELL, ADAM HILL, ALEX GROSSKURTH, MICHAEL MORRISON, KEVIN STUTMAN, MICHAEL BARANKOVICH. KEVIN BETHEL waiver sent on 1/6/2014, answer due 3/7/2014; CITY OF PHILADELPHIA waiver sent on 1/6/2014, answer due 3/7/2014; DARRYL CRAWFORD waiver sent on 1/6/2014, answer due 3/7/2014; WILLIAM V. FISHER waiver sent on 1/6/2014, answer due 3/7/2014; ANGEL ORTIZ waiver sent on 1/6/2014, answer due 3/7/2014; CHARLES RAMSEY waiver sent on 1/6/2014, answer due 3/7/2014; DARRELL SAMPSON waiver sent on 1/6/2014, answer due 3/7/2014; JOSEPH SISCA waiver sent on 1/6/2014, answer due 3/7/2014; RHONDA C. SMITH waiver sent on 1/6/2014, answer due 3/7/2014; JOSEPH SPOSATO waiver sent on 1/6/2014, answer due 3/7/2014. (LONG, LLOYD) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
4

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO.Memorandum.(SHOFFEL, AMANDA) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

RECAP
5

RESPONSE in Opposition re 4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILL DARWALL, NOEL AUGUSTINE, MICHAEL BARANKOVICH, MOSHE BITTERMAN, GABRIELLE DUGAN, MEGGAN DURST, RUSSELL EBRIGHT, TOORJO GHOSE, SEAN GOINS, ALEX GROSSKURTH, KYLE HEMPE, ADAM HILL, EMMA JOHNSON, DOMINICK KAIN, TIMOTHY KYLE, DANIEL LUDWIG, COLLIN MAGNESS, SHAWN MCMONIGLE, MICHAEL MORRISON, BENJAMIN NEATE, JASON RUSSELL, JAMES SAVAGE, DUSTIN SLAUGHTER, WALTER SMOLAREK, GWEN SNYDER, KEVIN STUTMAN. (LONG, LLOYD) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

RECAP
6

ORDER THAT ORAL ARGUMENT ON THE DEFENDANTS' 4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WILL BE HELD 4/3/2014 10:00 AM IN COURTROOM 13B BEFORE HONORABLE BERLE M. SCHILLER. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/24/2014. 3/25/2014 ENTERED AND COPIES E-MAILED.(uh, ) (Entered: 03/25/2014)

March 24, 2014

March 24, 2014

PACER
7

ORDER THAT ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT WILL NOW BE HELD ON 4/14/14 AT 10:30 AM IN COURTROOM 13B. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/26/14. 3/27/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
8

ORDER THAT ORAL ARGUMENT IS RESCHEDULED TO 4/15/14 AT 10:00 AM IN COURTROOM 13B. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/28/14. 3/31/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 03/31/2014)

March 28, 2014

March 28, 2014

PACER
9

Minute Entry for Oral Argument on Defendant's Motion to Dismiss held on 4/15/14 before Judge Schiller. ESR/Court Reporter: Chris Campoli. C.A.V. (mbh, ) (Entered: 04/16/2014)

April 15, 2014

April 15, 2014

PACER
10

Transcript of Oral Argument held on 4/15/14 before Judge Berle M. Schiller. Court Reporter/Transcriber Chris Campoli. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2014. Redacted Transcript Deadline set for 5/30/2014. Release of Transcript Restriction set for 7/28/2014. (mbh, ) (Entered: 04/30/2014)

April 29, 2014

April 29, 2014

RECAP
11

Notice of Filing of Official Transcript with Certificate of Service re 10 Transcript - PDF, Entered and Copies Emailed and Mailed.. (mbh, ) (Entered: 04/30/2014)

April 29, 2014

April 29, 2014

PACER
12

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT WITH RESPECT TO THEIR CLAIMS OF EXCESSIVE FORCE AND UNREASONABLE SEACH BY 6/20/14. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/20/14. 5/21/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 05/21/2014)

May 20, 2014

May 20, 2014

PACER
13

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/20/14. 5/21/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

RECAP
14

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT BY 6/20/14. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/20/14. 5/21/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

RECAP
15

NOTICE OF SCHEDULING CONFERENCE SET FOR WEDNESDAY 7/23/2014 AT 10:00 AM IN CHAMBERS (ROOM 13613) BEFORE THE HONORABLE BERLE M. SCHILLER. IT IS EXPECTED THAT THE PARTIES SHALL HAVE CONDUCTED SUBSTANTIAL DISCOVERY BY THE TIME OF THE RULE 16 CONFERENCE. (jp, ) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
16

ANSWER to 1 Complaint, together with with Affirmative Defenses by KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO, certificate of service.(STRAW, CRAIG) Modified on 7/18/2014 (fb). (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

RECAP
17

ORDER THAT THE CLERK IS DIRECTED TO ADD RAUL REYES AS A PLAINTIFF IN THE CAPTION. PLAINTIFFS SHALL FILE AN AMENDED COMPLAINT THAT INCLUDES REYES'S CLAIMS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/23/14. 7/24/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/24/2014)

July 23, 2014

July 23, 2014

PACER
18

ORDER THAT C.A. NO. 13-6916 IS CONSOLIDATED WITH C.A. NO. 13-6606. THE CLERK SHALL ADD RAUL REYES AS A PLAINTIFF TO C.A. NO. 13-6606. CIVIL ACTION 13-6916 IS HEREBY CLOSED. ALL FURTHER FILINGS SHALL BE FILED UNDER C.A. NO. 13-6606. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/23/2014. 7/28/2014 ENTERED AND COPIES E-MAILED. (ems) (Entered: 07/28/2014)

July 23, 2014

July 23, 2014

PACER
19

SCHEDULING ORDER: ANY MOTIONS FOR LEAVE TO AMEND THE PLEADING AND ANY MOTIONS FOR LEAVE TO JOIN OTHER PARTIES SHALL BE FILED BY 8/11/14. ALL FACT DISCOVERY SHALL BE COMPLETED BY 1/28/14. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 12/22/14. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 3/2/15 AT 8:30 AM. FINAL PRETRIAL MOTIONS ARE DUE ON 2/11/15. A JURY TRIAL IS SET FOR 3/2/15 AT 9:30 AM IN COURTROOM 13B. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/29/14. 7/30/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/30/2014)

July 29, 2014

July 29, 2014

PACER
20

First MOTION for Leave to File Amended Complaint with Proposed Order and Amended Complaint filed by WILL DARWALL, NOEL AUGUSTINE, MICHAEL BARANKOVICH, MOSHE BITTERMAN, GABRIELLE DUGAN, MEGGAN DURST, RUSSELL EBRIGHT, TOORJO GHOSE, SEAN GOINS, ALEX GROSSKURTH, KYLE HEMPE, ADAM HILL, EMMA JOHNSON, DOMINICK KAIN, TIMOTHY KYLE, DANIEL LUDWIG, COLLIN MAGNESS, SHAWN MCMONIGLE, MICHAEL MORRISON, BENJAMIN NEATE, RAUL REYES, JASON RUSSELL, JAMES SAVAGE, DUSTIN SLAUGHTER, WALTER SMOLAREK, GWEN SNYDER, KEVIN STUTMAN.Certificate of Service. (Attachments: # 1 Complaint Plaintiffs' First Amended Complaint)(LONG, LLOYD) (Entered: 08/13/2014)

1 Complaint Plaintiffs' First Amended Complaint

View on PACER

Aug. 13, 2014

Aug. 13, 2014

PACER
21

ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE CLERK SHALL FILE PLAINTIFF'S AMENDED COMPLAINT. DEFENDANTS SHALL FILE AN ANSWER BY 9/3/14. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/14/14. 8/15/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 08/15/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
22

First Amended Complaint against KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, POLICE OFFICERS JANE DOE 1-25, POLICE OFFICERS JOHN DOE 1-25, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO filed by SEAN GOINS, MEGGAN DURST, GABRIELLE DUGAN, NOEL AUGUSTINE, RAUL REYES, RUSSELL EBRIGHT, TIMOTHY KYLE, DANIEL LUDWIG, SHAWN MCMONIGLE, EMMA JOHNSON, DUSTIN SLAUGHTER, DOMINICK KAIN, BENJAMIN NEATE, WALTER SMOLAREK, WILL DARWALL, TOORJO GHOSE, COLLIN MAGNESS, JAMES SAVAGE, GWEN SNYDER, MOSHE BITTERMAN, KYLE HEMPE, JASON RUSSELL, ADAM HILL, ALEX GROSSKURTH, MICHAEL MORRISON, KEVIN STUTMAN and MICHAEL BARANKOVICH, Certificate of Service(mbh, ) (Entered: 08/15/2014)

Aug. 14, 2014

Aug. 14, 2014

RECAP
23

ANSWER and Affirmative Defenses to 22 Amended Complaint, with Jury Demand by KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO.(SHOFFEL, AMANDA) Modified on 9/4/2014 (fb). (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
24

Joint Motion to Extend the Discovery Deadline filed by NOEL AUGUSTINE.(HETZNECKER, PAUL) Modified on 11/13/2014 (fb). (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
25

AMENDED SCHEDULING ORDER: ALL FACT DISCOVERY SHALL BE COMPLETED B Y 5/22/15. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 6/15/15. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 7/27/15 AT 8:30 AM. THE PARTIES WILL FILE A JOINT PRETRIAL DISCLOSURE MEMORANDUM NO LATER THAN 7/13/15. FINAL PRETRIAL MOTIONS ARE DUE 7/15/15. A JURY TRIAL IS SET FOR 7/27/15 AT 9:30 AM IN COURTROOM 13B. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/21/14. 11/24/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/24/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
26

NOTICE of Appearance by MATTHEW K. HUBBARD on behalf of KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO with Certificate of Service(HUBBARD, MATTHEW) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
27

NOTICE of Appearance by NIYA L. BLACKWELL on behalf of CITY OF PHILADELPHIA (BLACKWELL, NIYA) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
28

MOTION to Compel Responses to Request for Production of Documents filed by NOEL AUGUSTINE.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(HETZNECKER, PAUL) (Entered: 05/26/2015)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

May 26, 2015

May 26, 2015

RECAP
29

RESPONSE in Opposition re 28 MOTION to Compel Responses to Request for Production of Documents filed by KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO. (Attachments: # 1 Text of Proposed Order)(HUBBARD, MATTHEW) (Entered: 05/29/2015)

1 Text of Proposed Order

View on PACER

May 29, 2015

May 29, 2015

PACER
30

ORDER THAT PLAINTIFFS' MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS IS DENIED. PLAINTIFFS MAY, HOWEVER, INQUIRE INTO OR DEPOSE INDIVIDUALS WITH INFORMATION RELATING TO CELL SITE SIMULATORS OR "STINGRAY" TECHNOLOGY AS APPROPRIATE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/1/15.6/1/15 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

RECAP
31

MOTION for Extension of Time to Complete Discovery and All Deadlines filed by NOEL AUGUSTINE..(HETZNECKER, PAUL) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
32

AMENDED SCHEDULING ORDER: THE PARTIES' JOINT MOTION TO EXTEND ALL DEADLINES IS GRANTED. ALL FACT DISCOVERY SHALL BE COMPLETED BY 9/14/15. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 10/5/15. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/15/15. 6/16/15 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 06/16/2015)

June 15, 2015

June 15, 2015

PACER
33

NOTICE of Appearance by REBECCA PROSPER on behalf of KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO with Certificate of Service(PROSPER, REBECCA) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
34

MOTION for Extension of Time to Complete Discovery filed by NOEL AUGUSTINE..(HETZNECKER, PAUL) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
35

AMENDED SCHEDULING ORDER: THE MOTION TO EXTEND DISCOVERY IS GRANTED. ALL FACT DISCOVGERY SHALL BE COMPLETED BY 10/29/2015. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 11/19/2015. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/16/15. 9/17/15 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
36

MOTION for Protective Order filed by CITY OF PHILADELPHIA, CHARLES RAMSEY.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A & B, # 3 Text of Proposed Order, # 4 Certificate of Service)(HUBBARD, MATTHEW) (Entered: 10/13/2015)

1 Memorandum

View on PACER

2 Exhibit A & B

View on PACER

3 Text of Proposed Order

View on PACER

4 Certificate of Service

View on PACER

Oct. 13, 2015

Oct. 13, 2015

PACER
37

RESPONSE to Motion re 36 MOTION for Protective Order filed by NOEL AUGUSTINE. (HETZNECKER, PAUL) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
38

REPLY to Response to Motion re 36 MOTION for Protective Order filed by NOEL AUGUSTINE. (Attachments: # 1 Exhibit, # 2 Exhibit)(HETZNECKER, PAUL) (Entered: 10/23/2015)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
39

Minute Entry for proceedings held before HONORABLE BERLE M. SCHILLER Telephonic Pretrial Conference held on 10/19/15. (jp, ) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
40

ORDER THAT DEFENDANTS' MOTION FOR A PROTECTIVE ORDER IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/4/15. 11/4/15 ENTERED AND COPIES E-MAILED.(mbh, ) Modified on 12/14/2015 (mbh, ). (VACATED PER ORDER DOC #46) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
41

MOTION for Extension of Time to File Dispositive Motions filed by KEVIN BETHEL, CITY OF PHILADELPHIA, DARRYL CRAWFORD, WILLIAM V. FISHER, ANGEL ORTIZ, CHARLES RAMSEY, DARRELL SAMPSON, JOSEPH SISCA, RHONDA C. SMITH, JOSEPH SPOSATO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(HUBBARD, MATTHEW) (Entered: 11/16/2015)

1 Memorandum

View on PACER

2 Text of Proposed Order

View on PACER

3 Certificate of Service

View on PACER

Nov. 16, 2015

Nov. 16, 2015

PACER
42

ORDER THAT DEFENDANTS' 41 MOTION TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE IS GRANTED. DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE 12/17/15. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/16/15.11/16/15 ENTERED & E-MAILED.(fdc) Modified on 11/19/2015 (tjd). (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER

Set/Reset Scheduling Order Deadlines: MOTIONS DUE BY 12/17/2015. (fdc, )

Nov. 18, 2015

Nov. 18, 2015

PACER
43

MOTION for Reconsideration of Protective Order Barring the Deposition of Defendant Commissioner Charles H Ramsey filed by NOEL AUGUSTINE.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(HETZNECKER, PAUL) (Entered: 11/30/2015)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

Nov. 30, 2015

Nov. 30, 2015

PACER
44

RESPONSE in Opposition re 43 MOTION for Reconsideration of Protective Order Barring the Deposition of Defendant Commissioner Charles H Ramsey filed by CITY OF PHILADELPHIA, CHARLES RAMSEY. (Attachments: # 1 Exhibit A - C, # 2 Text of Proposed Order, # 3 Certificate of Service)(HUBBARD, MATTHEW) (Entered: 12/08/2015)

1 Exhibit A - C

View on PACER

2 Text of Proposed Order

View on PACER

3 Certificate of Service

View on PACER

Dec. 8, 2015

Dec. 8, 2015

PACER
45

Memorandum in Opposition, Amended re 43 MOTION for Reconsideration of Protective Order Barring the Deposition of Defendant Commissioner Charles H Ramsey To Be Considered in Lieu of ECF Doc. #44, but in conjunction with ECF Doc. #44-1, 44-2 and 44-3, filed by CITY OF PHILADELPHIA, CHARLES RAMSEY. (HUBBARD, MATTHEW) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
46

ORDER THAT PLAINTIFF'S MOTION IS GRANTED. THE PROTECTIVE ORDER FOR COMMISSIONER RAMSEY IS VACATED. PLAINTIFFS MAY TAKE COMMISSIONER RAMSEY'S DEPOSITION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 12/11/15. 12/11/15 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
47

ORDER THAT DEFENDANTS' UNOPPOSED LETTER REQUEST THAT THE CURRENT DISPOSITIVE MOTION DEADLINE BE SUSPENDED UNTIL COMPLETION OF DISCOVERY IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 12/14/15. 12/15/15 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 12/15/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
48

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/22/16. 7/25/16 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Policing

Special Collection(s):

Occupy

Key Dates

Filing Date: Nov. 13, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of twenty-six protesters associated with Occupy Philadelphia claimed, inter alia, that city police retaliated against their protected speech and assembly, used excessive force, and unlawfully arrested and falsely imprisoned them.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Philadelphia, City

Police Commissioner, City

Deputy Police Commissioner, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Excessive force

False arrest

Over/Unlawful Detention

Personal injury

Search policies