Case: Dawson v. City of Dallas

3:11-cv-02698 | U.S. District Court for the Northern District of Texas

Filed Date: Oct. 11, 2011

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 11, 2011, three protestors associated with Occupy Dallas, a large continuous political protest, filed a lawsuit in the United States District Court for the Northern District of Texas against the City of Dallas under 42 U.S.C. §1983 for violations of their First Amendment rights. The plaintiffs, represented by private counsel, claimed that the City of Dallas' requirement that in order to be issued a event permit plaintiffs obtain general liability insurance in the amount of $1,000,000…

On October 11, 2011, three protestors associated with Occupy Dallas, a large continuous political protest, filed a lawsuit in the United States District Court for the Northern District of Texas against the City of Dallas under 42 U.S.C. §1983 for violations of their First Amendment rights. The plaintiffs, represented by private counsel, claimed that the City of Dallas' requirement that in order to be issued a event permit plaintiffs obtain general liability insurance in the amount of $1,000,000 deprived plaintiffs of their right to expression. Specifically, plaintiffs contended that the city acted intentionally to chill plaintiffs' speech, discredit them by damaging their reputation, and punishing them for exercising their free-speech rights. Plaintiffs sought damages for lost earnings and damage to reputation.

On October 12, 2011, plaintiffs moved for a preliminary and permanent injunction to enjoin the City of Dallas from unreasonably interfering with their rights to free expression in public forums. The Court (Judge Jane J. Boyle) ordered a hearing on the motion.

On October 14, 2011, the parties agreed to stipulations. The stipulation stated, inter alia, that the "Special Events" of the Dallas City Code did not apply to the grounds of the Dallas Convention Center. Accordingly, no permit from the city was necessary for the plaintiffs to continue their protesting activities.

On October 18, 2011, the parties filed an agreed motion to dismiss the case without prejudice. The District Court (Judge Jane J. Boyle) entered the order on the same day.

Summary Authors

Richard Jolly (5/17/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4390703/parties/dawson-v-city-of-dallas-texas/


Judge(s)

Boyle, Jane J. (Texas)

Attorneys(s) for Plaintiff

Chandler, Corinna Pia (Texas)

Ray, David P. (Texas)

Winocour, Jonathan F. (Texas)

Attorneys(s) for Defendant

Bowers, Christopher David (Texas)

Caso, Christopher John (Texas)

Haskel, Peter B. (Texas)

Perkins, Thomas P. (Texas)

Pinson, James B. (Texas)

Judge(s)

Boyle, Jane J. (Texas)

Attorneys(s) for Plaintiff

Chandler, Corinna Pia (Texas)

Ray, David P. (Texas)

Winocour, Jonathan F. (Texas)

Attorneys(s) for Defendant

Bowers, Christopher David (Texas)

Caso, Christopher John (Texas)

Haskel, Peter B. (Texas)

Perkins, Thomas P. (Texas)

Pinson, James B. (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 19, 2011 Docket
3

Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

Dawson v. City of Dallas

Oct. 12, 2011 Pleading / Motion / Brief
2

Plaintiffs' Original Complaint

Dawson v. City of Dallas

Oct. 12, 2011 Complaint
10

Stipulations

Dawson v. City of Dallas

Oct. 13, 2011 Pleading / Motion / Brief
11

Order [Denying Plaintiffs' Motions for a Temporary Restraining Order and Preliminary Injunction]

Dawson v. City of Dallas

Oct. 14, 2011 Order/Opinion
12

Agreed Motion for Dismissal Without Prejudice

Dawson v. City of Dallas

Oct. 18, 2011 Pleading / Motion / Brief
13

Agreed Order of Dismissal Without Prejudice

Dawson v. City of Dallas

Oct. 19, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390703/dawson-v-city-of-dallas-texas/

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

ECF Number Description Date Link
1

New Case Notes: A filing fee has been paid. Magistrate Judge Kaplan preliminarily assigned. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (twd) (Entered: 10/13/2011)

Oct. 12, 2011 RECAP
2

COMPLAINT against City of Dallas Texas filed by Jennifer Florence Dawson, Adam Chesley, Justin Howell. (Filing fee $350.00; Receipt number 53330) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (twd) (Entered: 10/13/2011)

Oct. 12, 2011 RECAP
3

MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell. (twd) (Entered: 10/13/2011)

Oct. 12, 2011 RECAP
4

Brief in Support filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell re 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction (twd) (Entered: 10/13/2011)

Oct. 12, 2011 RECAP
5

Appendix in Support of brief filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell re 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction. (twd) (Entered: 10/13/2011)

Oct. 12, 2011 RECAP
6

ADDITIONAL ATTACHMENTS to 2 Complaint,, by Plaintiffs Adam Chesley, Jennifer Florence Dawson, Justin Howell. (Winocour, Jonathan) (Entered: 10/13/2011)

Oct. 13, 2011 RECAP

Confirmation of receipt of payment from WINOCOUR RAY in the amount of $350.00. Transaction posted on 10/12/2011. Receipt number DS053330 processed by db. (gr)

Oct. 13, 2011 PACER
7

ORDER: A hearing on Plaintiffs Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction (doc. 3) is set for: Friday, October 14, 2011, at 10:00 a.m. Before Judge Jane J. Boyle, Courtroom 1306, Thirteenth Floor United States Courthouse, 1100 Commerce Street, Dallas, Texas 75242. (Ordered by Judge Jane J Boyle on 10/13/2011) (Judge Jane J Boyle) (Entered: 10/13/2011)

Oct. 13, 2011 RECAP

Set/Reset Deadlines as to 3 Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction. Motion Hearing set for 10/14/2011 at 10:00 AM before Judge Jane J Boyle. (Per 7 Order.) (twd)

Oct. 13, 2011 PACER
8

RESPONSE AND OBJECTION filed by City of Dallas Texas re: 3 MOTION for Temporary Restraining Order MOTION for Injunction (Caso, Christopher) (Entered: 10/13/2011)

Oct. 13, 2011 RECAP
9

Appendix in Support filed by City of Dallas Texas re 8 Response/Objection to Plaintiffs' Application for TRO (Caso, Christopher) (Entered: 10/13/2011)

Oct. 13, 2011 RECAP
10

Agreed STIPULATION by Adam Chesley, City of Dallas Texas, Jennifer Florence Dawson, Justin Howell. (Caso, Christopher) (Entered: 10/14/2011)

Oct. 14, 2011 RECAP

ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Motion Hearing held on 10/14/2011 re 3 Motion for TRO, Motion for Injunction filed by Justin Howell, Jennifer Florence Dawson, Adam Chesley. Attorney Appearances: Plaintiff - Jonathan Winocour; Defense - Christopher Caso. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - :02. (chmb)

Oct. 14, 2011 PACER
11

ORDER: Based upon the parties Stipulation filed October 14, 2011 and Plaintiffs representation at the hearing on October 14, 2011 that temporary relief is no longer required, Plaintiffs Motion for a Temporary Restraining Order and/or Motion for Preliminary Injunction (doc. 3) is DENIED. (Ordered by Judge Jane J Boyle on 10/14/2011) (Judge Jane J Boyle) (Entered: 10/14/2011)

Oct. 14, 2011 RECAP
12

Agreed MOTION to Dismiss Without Prejudice filed by City of Dallas Texas, Jennifer Florence Dawson, Justin Howell, Adam Chelsey (Caso, Christopher) Modified on 10/19/2011, added filers (mcrd). (Entered: 10/18/2011)

Oct. 18, 2011 PACER
13

AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE. (Ordered by Judge Jane J Boyle on 10/19/2011) (twd) (Entered: 10/21/2011)

Oct. 19, 2011 PACER

State / Territory: Texas

Case Type(s):

Policing

Special Collection(s):

Occupy

Key Dates

Filing Date: Oct. 11, 2011

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three protestors associated with Occupy Dallas challenging the City of Dallas' requirement that they carry "Special Event" insurance in order to hold lawfully their protest.

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 Dallas, Texas (Dallas), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment