Case: Dade v. City of Sherwood

4:16-cv-00602 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Aug. 23, 2016

Closed Date: Nov. 14, 2019

Clearinghouse coding complete

Case Summary

On August 23, 2016, five individuals incarcerated due to bounced checks filed this class-action lawsuit in the U.S. District Court for the Eastern District of Arkansas. They proceeded under 42 U.S.C. § 1983 against Sherwood and Pulaski Counties, and various officials including the Sherwood District Court Judge, court clerks, and other administrative personnel. The plaintiffs, represented by the ACLU of Arkansas, the Lawyers Committee for Civil Rights and private counsel, claimed that the defend…

On August 23, 2016, five individuals incarcerated due to bounced checks filed this class-action lawsuit in the U.S. District Court for the Eastern District of Arkansas. They proceeded under 42 U.S.C. § 1983 against Sherwood and Pulaski Counties, and various officials including the Sherwood District Court Judge, court clerks, and other administrative personnel. The plaintiffs, represented by the ACLU of Arkansas, the Lawyers Committee for Civil Rights and private counsel, claimed that the defendants created and operated an unlawful system of debtors' prisons that convicted plaintiffs who had bounced checks, sometimes for amount as little as $10 to $15, through "hot check convictions,” in violation of the Due Process clause and Equal Protection clause of the Fourteenth Amendment.

Specifically, the plaintiffs alleged that at their hearings, Sherwood District Court Judges would threaten to jail the arrestee if he or she did not make the payments and would direct the arrestee either to arrange for payments or to contact family members who could make the payment on the person's behalf. If the individual was sent to jail in order to coerce payment, that individual was handcuffed and transported to the Pulaski County Jail (the "Jail") for 60, 90, or 120 days until the outstanding court costs, fines, and fees were paid. The plaintiffs alleged that this practice was unconstitutional because it led to weeks or months in the Jail due to their inability to pay, and because it trapped the city's poorest and most disadvantaged individuals in a cycle of ever-increasing court costs, fines, and fees owed to Sherwood beyond their ability to pay.

The plaintiffs sought injunctive and declaratory relief. The case was assigned to U.S. District Judge James M. Moody.

On September 30, 2016, the plaintiffs filed an amended complaint that sought to add the prosecuting attorney for the Sixth Judicial District as an additional defendant. On October 19, 2016, the defendants sought to dismiss that additional defendant.

On January 24, 2017, Magistrate Judge Joe J. Volpe issued proposed findings and recommendations that granted the defendants' motion to dismiss in part. He found that it was appropriate for the federal court to "abstain," under the Younger abstention doctrine. Younger abstention bars federal intervention in (1) ongoing state proceedings that (2) evidence important state interests and provide an (3) adequate opportunity to raise any relevant federal questions. Judge Volpe found all three factors to be met, and therefore recommended that the district court decline to interfere in the "hot check" hearings. Judge J. Volpe recommended that Judge Moody dismiss all claims. 2017 WL 2486087.

On June 8, 2017, Judge Moody accepted the recommendation and ordered that all claims be dismissed without prejudice. 2017 WL 2486078. On July 5, the plaintiffs moved to amend or alter the judgment of dismissal.

On November 14, 2017, the parties filed stipulation of dismissal, indicating that they had reached a settlement. The settlement mandated that the Sherwood court would cease jailing individuals who could not afford court fines and fees due to bounced checks. Specifically, the Sherwood court was to: (1) conduct individualized inquiries into each defendant's ability to pay; (2) give defendants unable to pay the option of a community service sentence; (3) advise defendants of their right to counsel prior to entering a plea; (4) follow particular procedures for Orders to Show Cause and accompanying hearings; (5) stop revoking drivers' licenses for defendants who could not pay; (6) provide an adjustment or waiver of remaining payments for defendants who fall behind in payments.

The court retained jurisdiction over the settlement for 2 years. There has been no docket activity since 2019, and the case is presumed closed.

Summary Authors

MJ Koo (2/5/2017)

Virginia Weeks (1/28/2018)

Hope Brinn (5/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4489444/parties/dade-v-sherwood-arkansas-city-of/


Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Volpe, Joe J (Arkansas)

Attorneys(s) for Plaintiff

Braden, Myesha (District of Columbia)

Brownstein, Bettina E. (Arkansas)

Cohen, Jay (New York)

Koch, Reggie (Arkansas)

Lawrence, J. Alexander (New York)

Ryan, Hallie (District of Columbia)

Attorneys(s) for Defendant

Depper, Margaret Diane (Arkansas)

Fuqua, David M. (Arkansas)

Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Volpe, Joe J (Arkansas)

Attorneys(s) for Plaintiff

Braden, Myesha (District of Columbia)

Brownstein, Bettina E. (Arkansas)

Cohen, Jay (New York)

Koch, Reggie (Arkansas)

Lawrence, J. Alexander (New York)

Ryan, Hallie (District of Columbia)

Attorneys(s) for Defendant

Depper, Margaret Diane (Arkansas)

Fuqua, David M. (Arkansas)

Hall, John Wesley Jr. (Arkansas)

Hollingsworth, Patrick E. (Arkansas)

Mosley, Michael Allen (Arkansas)

Spivey, Patrick L. (Arkansas)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 4, 2018 Docket
1

Complaint - Class Action

Aug. 23, 2016 Complaint
13

First Amended Complaint - Class Action

Sept. 30, 2016 Complaint
59

Proposed Findings and Recommendations Instructions

2017 WL 2486087

Jan. 24, 2017 Magistrate Report/Recommendation
112

Stipulated Settlement Agreement

Nov. 14, 2017 Settlement Agreement

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4489444/dade-v-sherwood-arkansas-city-of/

Last updated May 20, 2022, 3:39 a.m.

ECF Number Description Date Link
1

COMPLAINT-Class Action against All Defendants, filed by the Plaintiffs. (Fee $ 400.00; Receipt Number LIT058069.) Summons issued and returned to counsel for service. (Attachments: # 1 Civil Cover Sheet)(alm) (Entered: 08/23/2016)

1 Civil Cover Sheet

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Aug. 23, 2016 PACER
2

MOTION for Leave to Appear pro hac vice by Hallie Ryan. Fee $100 receipt number 0860-2905723. Filed by All Plaintiffs (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 ECF Registration)(Brownstein, Bettina) (Entered: 08/24/2016)

1 Affidavit

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2 Certificate of Good Standing

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3 ECF Registration

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Aug. 24, 2016 PACER
3

SUMMONS Returned Executed by Nakita Lewis, Nikki Petree, Philip Axelroth, Charles Dade, Lee Andrew Robertson. Sherwood Arkansas, City of served on 8/23/2016. (Lawrence, J.) (Entered: 08/29/2016)

Aug. 29, 2016 PACER
4

SUMMONS Returned Executed by Nakita Lewis, Nikki Petree, Philip Axelroth, Charles Dade, Lee Andrew Robertson. Milas H Hale, III served on 8/23/2016. (Lawrence, J.) (Entered: 08/29/2016)

Aug. 29, 2016 PACER
5

SUMMONS Returned Executed by Nakita Lewis, Nikki Petree, Philip Axelroth, Charles Dade, Lee Andrew Robertson. Pulaski County Arkansas served on 8/23/2016. (Lawrence, J.) (Entered: 08/29/2016)

Aug. 29, 2016 PACER
6

ORDER granting Plaintiffs' 2 Motion to Appear Pro Hac Vice. Hallie Ryan is hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 9/7/2016. (mcz) (Entered: 09/07/2016)

Sept. 7, 2016 PACER
7

ANSWER to 1 Complaint with Jury Demand by Milas H Hale, III, Sherwood Arkansas, City of.(Mosley, Michael) (Entered: 09/07/2016)

Sept. 7, 2016 RECAP
8

INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 11/15/2016; Rule 26(f) Report due by 11/29/2016. Proposed Jury Trial set sometime during the week of 10/16/2017 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 9/13/2016. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 09/13/2016)

1 Proposed Final Scheduling Order

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Sept. 13, 2016 PACER
9

NOTICE of Appearance by David M. Fuqua on behalf of Pulaski County Arkansas (Fuqua, David) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
10

NOTICE of Appearance by Patrick L. Spivey on behalf of Pulaski County Arkansas (Spivey, Patrick) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
11

NOTICE of Appearance by Margaret Diane Depper on behalf of Pulaski County Arkansas (Depper, Margaret) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
12

ANSWER to 1 Complaint by Pulaski County Arkansas.(Fuqua, David) (Entered: 09/13/2016)

Sept. 13, 2016 RECAP
13

AMENDED COMPLAINT against All Defendants, filed by Plaintiffs. Summons issued for Larry Jegley and returned to counsel for service.(alm) (Entered: 09/30/2016)

Sept. 30, 2016 RECAP
14

ANSWER to 13 Amended Complaint with Jury Demand by Milas H Hale, III, Sherwood Arkansas, City of.(Mosley, Michael) (Entered: 10/06/2016)

Oct. 6, 2016 RECAP
15

MOTION for Judgment on the Pleadings by Milas H Hale, III, Sherwood Arkansas, City of (Mosley, Michael) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
16

MOTION to Stay by Milas H Hale, III (Attachments: # 1 Exhibit Exh. A--Discovery Set)(Mosley, Michael) (Entered: 10/06/2016)

1 Exhibit Exh. A--Discovery Set

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Oct. 6, 2016 PACER
17

BRIEF IN SUPPORT re 15 Motion for Judgment on the Pleadings filed by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 10/06/2016)

Oct. 6, 2016 RECAP
18

BRIEF IN SUPPORT re 16 Motion to Stay Alternative Motion for Protective Order filed by Milas H Hale, III. (Mosley, Michael) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
19

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 Amended Complaint by Pulaski County Arkansas (Fuqua, David) (Entered: 10/10/2016)

Oct. 10, 2016 PACER
20

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Stay, 15 MOTION for Judgment on the Pleadings by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
21

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 19 Motion for Extension of Time to File Response/Reply. Signed by Judge James M. Moody Jr. on 10/11/16. (dpb) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
22

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 20 Motion for Extension of Time to File Response/Reply re 16 MOTION to Stay, 15 MOTION for Judgment on the Pleadings . Plaintiffs' responses are due by November 3, 2016. Signed by Judge James M. Moody Jr. on 10/11/16. (dpb) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
23

SUMMONS Returned Executed by Nakita Lewis, Nikki Petree, Philip Axelroth, Charles Dade, Lee Andrew Robertson. Larry Jegley served on 9/30/2016. (Lawrence, J.) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
24

NOTICE of Appearance by Patrick E. Hollingsworth on behalf of Larry Jegley (Hollingsworth, Patrick) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Larry Jegley (Hollingsworth, Patrick) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
26

BRIEF IN SUPPORT re 25 Motion to Dismiss for Failure to State a Claim filed by Larry Jegley. (Hollingsworth, Patrick) (Entered: 10/19/2016)

Oct. 19, 2016 RECAP
27

ANSWER to 13 Amended Complaint by Pulaski County Arkansas.(Fuqua, David) (Entered: 10/21/2016)

Oct. 21, 2016 RECAP
28

MOTION for Judgment on the Pleadings by Pulaski County Arkansas (Fuqua, David) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
29

BRIEF IN SUPPORT re 28 Motion for Judgment on the Pleadings filed by Pulaski County Arkansas. (Fuqua, David) (Entered: 10/21/2016)

Oct. 21, 2016 RECAP
30

ORDER referring this case to United States Magistrate Judge Joe J. Volpe for consideration and determination of all pre-trial matters and for recommended disposition for the resolution of any dispositive matters. Signed by Judge James M. Moody Jr. on 10/26/2016. (ljb) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
31

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Judgment on the Pleadings by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
32

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 31 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' response is due on or before 11/21/2016. Signed by Magistrate Judge Joe J. Volpe on 10/26/2016. (srw) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
33

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
34

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part 16 Separate Defendant Hale's Motion to Stay. Discovery is stayed as to Defendant Hale. Signed by Magistrate Judge Joe J. Volpe on 10/27/2016. (srw) (Entered: 10/27/2016)

Oct. 27, 2016 PACER
35

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 33 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' Response is due on or before 11/21/2016. Signed by Magistrate Judge Joe J. Volpe on 10/27/2016. (srw) (Entered: 10/27/2016)

Oct. 27, 2016 PACER
36

NOTICE of Appearance by Jayson L. Cohen on behalf of Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Cohen, Jayson) (Entered: 10/27/2016)

Oct. 27, 2016 PACER
37

Joint MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Judgment on the Pleadings by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
38

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting the joint motion to extend time to 11/21/2016 for Plaintiffs to file a response to Defendants City of Sherwood, Arkansas and Hale's motion for judgment on the pleadings 15 37 . Signed by Magistrate Judge Joe J. Volpe on 11/3/2016. (lej) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
39

MOTION to Stay Discovery by Larry Jegley (Hollingsworth, Patrick) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
40

BRIEF IN SUPPORT re 39 Motion to Stay Discovery filed by Larry Jegley. (Hollingsworth, Patrick) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
41

MOTION for Order to adopt and incorporate by reference arguments made by other defendants by Milas H Hale, III, Sherwood Arkansas, City of (Mosley, Michael) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
42

BRIEF IN SUPPORT re 41 Motion for Order to adopt and incorporate by reference arguments made by other defendants filed by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
43

NOTICE of Appearance by John Wesley Hall, Jr on behalf of Milas H Hale, III, Sherwood Arkansas, City of (Hall, John) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
44

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 39 Separate Defendant Larry Jegley's Motion to Stay Discovery. Signed by Magistrate Judge Joe J. Volpe on 11/17/2016. (srw) (Entered: 11/17/2016)

Nov. 17, 2016 PACER
45

RESPONSE in Opposition re 15 MOTION for Judgment on the Pleadings filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Lawrence, J.) (Entered: 11/21/2016)

1 Appendix A

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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 Exhibit F

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8 Exhibit G

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Nov. 21, 2016 RECAP
46

RESPONSE in Opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Entered: 11/21/2016)

Nov. 21, 2016 RECAP
47

RESPONSE in Opposition re 28 MOTION for Judgment on the Pleadings filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Entered: 11/21/2016)

Nov. 21, 2016 RECAP
48

Joint MOTION for Leave to File Replies to Responses by December 9 by Milas H Hale, III, Sherwood Arkansas, City of (Mosley, Michael) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
49

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 48 Motion for Leave to File. Signed by Magistrate Judge Joe J. Volpe on 11/22/16. (Volpe, Joe) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
50

REPORT of Rule 26(f) Planning Meeting by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Joint Rule 26(f) Report) (Lawrence, J.) (Entered: 11/29/2016)

Nov. 29, 2016 PACER
51

RESPONSE in Opposition re 41 MOTION for Order to adopt and incorporate by reference arguments made by other defendants filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
52

REPLY to Response to Motion re 15 MOTION for Judgment on the Pleadings filed by Milas H Hale, III, Sherwood Arkansas, City of. (Attachments: # 1 Exhibit A--Orders, # 2 Exhibit B--Letter, # 3 Document Amendment 80 Opinion)(Mosley, Michael) (Entered: 12/07/2016)

1 Exhibit A--Orders

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2 Exhibit B--Letter

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3 Document Amendment 80 Opinion

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Dec. 7, 2016 RECAP
53

REPLY to Response to Motion re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Larry Jegley. (Hollingsworth, Patrick) (Entered: 12/08/2016)

Dec. 8, 2016 RECAP
54

REPLY to Response to Motion re 15 MOTION for Judgment on the Pleadings REVISED filed by Milas H Hale, III, Sherwood Arkansas, City of. (Attachments: # 1 Exhibit Revised Exhibit A, # 2 Document Arkansas Supreme Court Opinion)(Mosley, Michael) (Entered: 12/08/2016)

1 Exhibit Revised Exhibit A

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2 Document Arkansas Supreme Court Opinion

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Dec. 8, 2016 RECAP
55

REPLY to Response to Motion re 28 MOTION for Judgment on the Pleadings filed by Pulaski County Arkansas. (Fuqua, David) (Entered: 12/08/2016)

Dec. 8, 2016 RECAP
56

MOTION for Leave to File Surreply by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Attachments: # 1 Exhibit A)(Lawrence, J.) (Entered: 12/22/2016)

1 Exhibit A

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Dec. 22, 2016 PACER
57

RESPONSE to Motion re 56 MOTION for Leave to File Surreply filed by Milas H Hale, III, Sherwood Arkansas, City of. (Attachments: # 1 Exhibit A-Email from Opposing Counsel)(Mosley, Michael) (Entered: 12/22/2016)

1 Exhibit A-Email from Opposing Counsel

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Dec. 22, 2016 PACER
58

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying 56 Motion for Leave to File. Signed by Magistrate Judge Joe J. Volpe on 12/28/16. (Volpe, Joe) (Entered: 12/28/2016)

Dec. 28, 2016 PACER
59

PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants' motion for judgment on the pleadings, motion to dismiss for failure to state a claim, and motion for judgment on the pleadings be granted to the extent that they are based on the Younger abstention doctrine, and denied in all other respects 15 25 28 . Defendants Hale and the City of Sherwood's motion to adopt the arguments made in the other Defendants' briefs be granted 41 . The Court should decline to extend supplemental jurisdiction over Plaintiff Axelroth's remaining state law claims. This matter should be dismissed without prejudice. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 1/24/2017. (lej) (Entered: 01/25/2017)

Jan. 24, 2017 RECAP
60

Unopposed MOTION for Extension of Time to File Objections Under Fed. R. Civ. P. 72(b) to the Proposed Findings and Recommendations (ECF. No. 59) by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP
61

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 60 Motion for Extension of Time to File. Plaintiffs' time to serve and file objections to the Proposed Findings and Recommendations, ECF No. 59, is extended until February 22, 2017. Signed by Judge James M. Moody Jr. on 1/31/17. (dpb) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
62

OBJECTIONS to 59 PROPOSED FINDINGS AND RECOMMENDATIONS filed by Milas H Hale, III, Sherwood Arkansas, City of. (fjg) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
63

OBJECTION to 59 Report and Recommendations by Larry Jegley (Hollingsworth, Patrick) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
64

RESPONSE re 63 Objection to Report and Recommendations by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 02/16/2017)

Feb. 16, 2017 RECAP
65

RESPONSE re 62 Objection to Report and Recommendations by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
66

Deficiency Letter from the Clerk's office notifying party that 64 and 65 Responses to Objections to Report and Recommendations lack certificates showing service of the document (F.R.Cv.P. 5(d)(1)). (mcz) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
67

CERTIFICATE OF SERVICE by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson re 66 Deficiency Letter, 64 Response (Non Motion) (Lawrence, J.) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
68

CERTIFICATE OF SERVICE by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson re 66 Deficiency Letter, 65 Response (Non Motion) (Lawrence, J.) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
69

OBJECTION to 59 Report and Recommendations by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
70

MOTION for Extension of Time to File Response/Reply as to 69 Objection to Report and Recommendations by Larry Jegley (Hollingsworth, Patrick) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
71

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 70 Motion for Extension of Time to File Response to Plaintiffs' objections. Defendant have until March 15, 2017 to file their response. Signed by Judge James M. Moody Jr. on 2/28/17. (dpb) (Entered: 02/28/2017)

Feb. 28, 2017 PACER
72

RESPONSE re 69 Objection to Report and Recommendations by Milas H Hale, III, Sherwood Arkansas, City of (Mosley, Michael) (Entered: 03/13/2017)

March 13, 2017 PACER
73

RESPONSE re 69 Objection to Report and Recommendations by Larry Jegley (Hollingsworth, Patrick) (Entered: 03/13/2017)

March 13, 2017 PACER
74

RESPONSE re 69 Objection to Report and Recommendations by Pulaski County Arkansas (Depper, Margaret) (Entered: 03/15/2017)

March 15, 2017 PACER
75

MOTION to Strike 72 Response (Non Motion) ; Plaintiffs Motion to Deem Sherwood Defendants Response to Plaintiffs Objections an Untimely Objection to the January 24, 2017 Proposed Findings and Recommendations by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.) (Entered: 03/15/2017)

March 15, 2017 PACER
76

BRIEF IN SUPPORT re 75 Motion to Strike, filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Attachments: # 1 Exhibit A)(Lawrence, J.) (Entered: 03/15/2017)

1 Exhibit A

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March 15, 2017 PACER
77

RESPONSE to Motion re 75 MOTION to Strike 72 Response (Non Motion) ; Plaintiffs Motion to Deem Sherwood Defendants Response to Plaintiffs Objections an Untimely Objection to the January 24, 2017 Proposed Findings and Recommendations filed by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 03/15/2017)

March 15, 2017 PACER
78

MOTION for Reconsideration re 59 REPORT AND RECOMMENDATIONS re 28 MOTION for Judgment on the Pleadings filed by Pulaski County Arkansas, 15 MOTION for Judgment on the Pleadings filed by Sherwood Arkansas, City of, Milas H Hale, III, 41 MOTION for Ord of Arguments made to the Magistrate but not Analyzed Substantively by Milas H Hale, III, Sherwood Arkansas, City of (Mosley, Michael) (Entered: 03/16/2017)

March 16, 2017 PACER
79

BRIEF IN SUPPORT re 78 Motion for Reconsideration, filed by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 03/16/2017)

March 16, 2017 PACER
80

RESPONSE in Opposition re 78 MOTION for Reconsideration re 59 REPORT AND RECOMMENDATIONS re 28 MOTION for Judgment on the Pleadings filed by Pulaski County Arkansas, 15 MOTION for Judgment on the Pleadings filed by Sherwood Arkansas, City of, Mi filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Entered: 03/17/2017)

March 17, 2017 PACER
81

REPLY to Response to Motion re 78 MOTION for Reconsideration re 59 REPORT AND RECOMMENDATIONS re 28 MOTION for Judgment on the Pleadings filed by Pulaski County Arkansas, 15 MOTION for Judgment on the Pleadings filed by Sherwood Arkansas, City of, Mi filed by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 03/18/2017)

March 18, 2017 PACER
82

NOTICE of Hearing on Motions set for 4/13/2017 at 1:30 PM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. (kog) (Entered: 03/22/2017)

March 22, 2017 PACER
83

ORDER authorizing J. Alexander Lawrence, Jayson Cohen, Hallie N. Ryan and Stephanie Seller to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on April 13, 2017, subject to the rules in this Order. Signed by Judge James M. Moody Jr. on 4/6/2017. (mcz) (Entered: 04/06/2017)

April 6, 2017 PACER
84

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:MOTION HEARING held on 4/13/2017 re 78 MOTION for Reconsideration. After argument from counsel, motion taken under advisement. Counsel for Plaintiffs Bettina Brownstein, Jayson Cohen, Hallie Ryan, J. Alexander Lawrence; Counsel for Defendants City of Sherwood and Milas Hale Michael Mosley; Counsel for Pulaski County Annie Depper; Counsel for Larry Jegley Patrick Hollingsworth(Court Reporter Karen Baker.) (kog) (Entered: 04/13/2017)

April 13, 2017 PACER
85

NOTICE by Milas H Hale, III, Sherwood Arkansas, City of re 84 Motion Hearing,, (Attachments: # 1 Exhibit Email, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Mosley, Michael) (Entered: 04/18/2017)

1 Exhibit Email

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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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April 18, 2017 PACER
86

RESPONSE re 85 Notice (Other) by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Cohen, Jayson) (Entered: 04/19/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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April 19, 2017 PACER
87

REPLY re 86 Response (Non Motion), by Milas H Hale, III, Sherwood Arkansas, City of. (Mosley, Michael) (Entered: 04/20/2017)

April 20, 2017 PACER
88

RESPONSE re 86 Response (Non Motion), of Plaintiffs to Sherwood Defendants' Notice Regarding Hearing by Larry Jegley (Hollingsworth, Patrick) (Entered: 04/20/2017)

April 20, 2017 PACER
89

TRANSCRIPT of Motion Hearing held on April 13, 2017, before Judge James M. Moody, Jr. Court Reporter - Karen Baker. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 5/12/2017. Redaction Request due 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017. (mcz) (Entered: 05/05/2017)

May 5, 2017 PACER
90

ORDER adopting the 59 recommended disposition to the extent that they are based on the Younger abstention doctrine; granting motions 15, 25, and 28 to the extent that they are based on the Younger abstention doctrine and denied in all other respects; granting Defendants Milas Hale, III and the City of Sherwood's 41 Motion to Adopt the arguments made in the other Defendants' briefs; denying Plaintiff's 75 motion to strike; denying the Sherwood Defendants' 78 motion for reconsideration; and declining to extend supplemental jurisdiction over Plaintiff Axelroth's remaining state law claims. This matter is dismissed without prejudice. Signed by Judge James M. Moody Jr. on 6/8/2017. (ljb) (Entered: 06/08/2017)

June 8, 2017 RECAP
91

JUDGMENT: Consistent with the 90 Order that was entered on this day, it is Considered, Ordered, and Adjudged that this case is dismissed without prejudice. Signed by Judge James M. Moody Jr. on 6/8/2017. (ljb) (Entered: 06/08/2017)

June 8, 2017 PACER
92

NOTICE of Motion to Alter or Amend 91 Judgment, for Relief from Judgment, and to File a Supplemental Pleading by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson (Lawrence, J.)(Docket text modified on 7/6/2017 to correct the description of the document filed).(jak) (Entered: 07/05/2017)

July 5, 2017 PACER
93

MOTION to Alter and or Amend 91 Judgment filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Docket text modified on 7/6/2017 to correct the description of the document filed).(jak) (Entered: 07/05/2017)

July 5, 2017 PACER
94

AFFIDAVIT in Support re 92 MOTION to Alter Judgment, for Relief from Judgment, and to File a Supplemental Pleading filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Lawrence, J.) (Entered: 07/05/2017)

July 5, 2017 PACER
95

AFFIDAVIT in Support re 92 MOTION to Alter Judgment, for Relief from Judgment, and to File a Supplemental Pleading (Corrected Version of ECF Doc. No. 94) filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lawrence, J.) (Entered: 07/05/2017)

1 Exhibit A

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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July 5, 2017 PACER

NOTICE OF DOCKET CORRECTION re 92 Motion to Alter Judgment and 93 Brief in Support. CORRECTION: The docket text for docket entry 92 was modified to correct the description of the document as "NOTICE of Motion to Alter or Amend 91 Judgment, for Relief from Judgment, and to File a Supplemental Pleading by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson" as marked on the document. The docket text for docket entry 93 was modified to correct the description of the document filed as "MOTION to Alter and or Amend 91 Judgment filed by Philip Axelroth, Charles Dade, Nakita Lewis, Nikki Petree, Lee Andrew Robertson" as marked on the document.(jak)

July 6, 2017 PACER
96

STIPULATION re 93 Motion to Alter Judgment to Extend Reponse Deadline to August 17, 2017 and Reply Deadline to September 8, 2017 by Pulaski County Arkansas. (Fuqua, David) (Entered: 07/06/2017)

July 6, 2017 PACER
97

ORDER: Pursuant to the joint stipulation of the parties, Defendants' response to Plaintiffs' 93 Motion to Alter and/or Amend Judgment, for Relief from Judgment and to File a Supplemental Pleading shall be extended to and including 8/18/2017, and the reply by Plaintiffs shall be extended to and including 9/8/2017. Signed by Judge James M. Moody Jr. on 7/13/2017. (mcz) (Entered: 07/13/2017)

July 13, 2017 PACER
98

RESPONSE to Motion re 93 Motion to Alter Judgment filed by Milas H Hale, III, Sherwood Arkansas, City of. (Attachments: # 1 Exhibit Robertson Show Cause Order, # 2 Exhibit Dade Show Cause Order)(Mosley, Michael) (Entered: 07/29/2017)

1 Exhibit Robertson Show Cause Order

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2 Exhibit Dade Show Cause Order

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July 29, 2017 PACER
99

RESPONSE in Opposition re 93 Motion to Alter Judgment filed by Larry Jegley. (Hollingsworth, Patrick) (Entered: 08/01/2017)

Aug. 1, 2017 PACER

State / Territory: Arkansas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Aug. 23, 2016

Closing Date: Nov. 14, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Debtors who were held or will be sentenced to be held in the custody of Sherwood and/or Pulaski county as a result of their inability to cover the cost of bounced checks, as well as debt for court costs, fines, and fees despite their inability to pay.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Sherwood (Sherwood, Pulaski), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2019

Issues

General:

Access to lawyers or judicial system

Commitment procedure

Courts

Disciplinary procedures

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Poverty/homelessness