Case: S.H. v. District of Columbia

1:14-cv-01317 | U.S. District Court for the District of Columbia

Filed Date: Aug. 4, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On August 4, 2014, a mother of three minor daughters, those minor daughters (ages 7, 11, and 13 at the time of the incident), and her brother filed a lawsuit in the United States District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia. The plaintiffs, represented by a public interest attorney, sought compensatory relief, claiming that their Fourth Amendment rights were violated during a "violent nighttime home invasion" by the Metropolitan Police Depa…

On August 4, 2014, a mother of three minor daughters, those minor daughters (ages 7, 11, and 13 at the time of the incident), and her brother filed a lawsuit in the United States District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia. The plaintiffs, represented by a public interest attorney, sought compensatory relief, claiming that their Fourth Amendment rights were violated during a "violent nighttime home invasion" by the Metropolitan Police Department (MPD). Specifically, the plaintiffs claimed that, in response to a traffic stop of an individual not living in their home that occurred thirteen days prior, twenty heavily armed MPD officers stormed their home brandishing shields, machine guns, handguns, and body armor in a military-style raid.

This incident happened on April 5, 2013 when MPD officers conducted a traffic stop and found contraband on the biological father of one of the daughters whose license stated that he lived at the plaintiffs' address. The complaint alleges that despite the MPD being told that the suspect did not live at the address and that there was no evidence of the suspect being a drug dealer, the police obtained a search warrant based on those causes. There were no facts connecting the home to the drug activity that was claimed to be occurring there. The complaint claims that obtaining a warrant in this case is reflective of systematic problems with the police procedures for obtaining search warrants that allow police to obtain warrants based on vague statements of their "training" and "expertise," even in the absence of facts.

On April 18, 2013, shortly after 10:00 p.m., the police conducted the raid of the plaintiffs' home. The plaintiffs claim that the police burst into the home with shields and weapons and that the mother and two daughters were kept on a couch downstairs. The police handcuffed the younger brother of the mother and pointed guns at his head even though nothing illegal was found on his person or in his room. The police also threw open the shower curtain while the third daughter, an 11-year-old, was showering and pointed a gun at her. Nothing illegal was found in the home.

On September 15, 2014, the defendants filed a motion to dismiss the plaintiffs' complaint in its entirety, in which they asserted that they were entitled to qualified immunity. The plaintiffs filed an amended complaint on September 25, 2014, in which they added several named officers and a lieutenant as defendants.

On September 16, 2017, District Judge Randolph D. Moss issued a memorandum opinion and order granting in part and denying in part the defendants' motion to dismiss. 270 F. Supp. 3d 260 (D.D.C. 2017). Although the defendants asked the court to dismiss the plaintiffs' complaint in its entirety, they only addressed the following issues in their brief: issues relating to the warrant; execution of the search; negligence per se; and municipal liability. Thus, the court only focused on these issues.

The court denied the defendants' motion to dismiss with respect to count two (alleging that an officer secured the warrant only by knowingly and recklessly misleading the Superior Court judge who issued it); count three (alleging that the warrant was clearly overbroad such that no reasonable officer could have executed it in good faith); count six (alleging excessive use of force and unreasonable seizures in the execution of the warrant); and counts five and eight (alleging municipal liability). The court granted the defendants' motion to dismiss count seven (alleging negligence per se) to the extent that it relied on D.C. Code §§ 23-522 and 523, but denied the motion to dismiss count seven to the extent that it relied on the Fourth Amendment. Finally, the court dismissed count four (alleging that the warrant application was obtained in an unconstitutional manner) and dismissed count one except as against Officer Volpe.

On April 4, 2018, Judge Moss approved the parties' settlement agreement, under which the parties agreed to settle the plaintiffs' remaining claims for $75,000. Under the agreement, $10,500 went to the brother and $42,000 went to the mother. Attorneys' fees were deducted from the settlement in the amount of $22,500.

The case is now closed.

Summary Authors

Brian Dressel (2/8/2015)

Eva Richardson (2/5/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4212928/parties/sh-v-district-of-columbia/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Karakatsanis, Alec (District of Columbia)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Dharia, Premal T. (District of Columbia)

Hubbard, Katherine (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

DeBerardinis, Robert A. Jr. (District of Columbia)

Finkhousen, Aaron J. (District of Columbia)

Gonzalez, Joseph A. (District of Columbia)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Karakatsanis, Alec (District of Columbia)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Dharia, Premal T. (District of Columbia)

Hubbard, Katherine (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

DeBerardinis, Robert A. Jr. (District of Columbia)

Finkhousen, Aaron J. (District of Columbia)

Gonzalez, Joseph A. (District of Columbia)

Documents in the Clearinghouse

Document

1:14-cv-01317

Docket [PACER]

S.H., et al v. District of Columbia

April 4, 2018

April 4, 2018

Docket
1

1:14-cv-01317

Complaint

Aug. 4, 2014

Aug. 4, 2014

Complaint
24

1:14-cv-01317

First Amended Complaint

Sept. 25, 2015

Sept. 25, 2015

Complaint
40

1:14-cv-01317

Memorandum Opinion and Order

270 F.Supp.3d 260

Sept. 16, 2017

Sept. 16, 2017

Order/Opinion
49

1:14-cv-01317

Consent Motion to Approve Settlement of Minors

April 3, 2018

April 3, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212928/sh-v-district-of-columbia/

Last updated July 23, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-3798532) filed by S.H., SHANDALYN HARRISON, S.R., S.B., STERLING HARRISON. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons)(Karakatsanis, Alec) (Entered: 08/04/2014)

1 Exhibit 1

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

Aug. 4, 2014

Aug. 4, 2014

RECAP

Case Assigned to Judge Ketanji Brown Jackson. (kb)

Aug. 4, 2014

Aug. 4, 2014

PACER
2

NOTICE of Filing by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Attachments: # 1 Summons, # 2 Summons)(Karakatsanis, Alec) (Entered: 08/04/2014)

1 Summons

View on PACER

2 Summons

View on PACER

Aug. 4, 2014

Aug. 4, 2014

PACER
3

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 08/04/2014. (lckbj1) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

RECAP
4

SUMMONS (3) Issued Electronically as to TAYLOR VOLPE, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/5/2014. ( Answer due for ALL D.C. DEFENDANTS by 8/26/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 8/5/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 08/05/2014. (Karakatsanis, Alec) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
6

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DISTRICT OF COLUMBIA (Gonzalez, Joseph) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER

MINUTE ORDER granting, for good cause shown, 6 Consent Motion for Extension of Time to Answer, nunc pro tunc to 9/26/2014. Defendant District of Columbia shall answer or otherwise respond to the Complaint by 9/9/2014. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 08/27/2014. (lckbj1, )

Aug. 27, 2014

Aug. 27, 2014

PACER
7

Second MOTION for Extension of Time to File Answer re 1 Complaint, by DISTRICT OF COLUMBIA (Finkhousen, Aaron) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER

MINUTE ORDER granting, for good cause shown, 7 Motion for Extension of Time to Answer. Defendant District of Columbia shall answer or otherwise respond to the complaint by 9/15/2014. Signed by Judge Ketanji Brown Jackson on 09/08/2014. (lckbj1)

Sept. 8, 2014

Sept. 8, 2014

PACER
8

MOTION to Dismiss by DISTRICT OF COLUMBIA, JOHN DOE OFFICERS 1-20, TAYLOR VOLPE (Finkhousen, Aaron) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

RECAP
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TAYLOR VOLPE served on 8/5/2014, answer due 8/26/2014, WAIVER OF SERVICE by S.R.; S.B.; SHANDALYN HARRISON; S.H.; STERLING HARRISON. TAYLOR VOLPE waiver sent on 8/5/2014, answer due 8/26/2014. (Karakatsanis, Alec) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
10

Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Karakatsanis, Alec) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER

MINUTE ORDER granting, for good cause shown, 10 Motion for Extension of Time to File Response 8 MOTION to Dismiss. Plaintiffs' response to 8 is due by by 10/16/2014. Signed by Judge Ketanji Brown Jackson on 09/22/2014. (lckbj1)

Sept. 22, 2014

Sept. 22, 2014

PACER
11

Memorandum in opposition to re 8 MOTION to Dismiss filed by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Karakatsanis, Alec) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

RECAP
12

REPLY to opposition to motion re 8 MOTION to Dismiss filed by DISTRICT OF COLUMBIA, JOHN DOE OFFICERS 1-20, TAYLOR VOLPE. (Finkhousen, Aaron) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
13

MOTION for Leave to File Sur-Reply by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Karakatsanis, Alec) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
14

Memorandum in opposition to re 13 MOTION for Leave to File Sur-Reply filed by DISTRICT OF COLUMBIA, JOHN DOE OFFICERS 1-20, TAYLOR VOLPE. (Finkhousen, Aaron) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER

Case randomly reassigned to Judge Randolph D. Moss. Judge Ketanji Brown Jackson no longer assigned to the case. (gt, )

Nov. 20, 2014

Nov. 20, 2014

PACER
15

MOTION to Compel by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Karakatsanis, Alec) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER

MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to the Motion to Compel on or before February 10, 2015. Plaintiffs shall file a reply on or before February 17, 2015. The parties shall appear for a status conference on February 20, 2015 at 10:00 AM, in Courtroom 21. Signed by Judge Randolph D. Moss on January 27, 2015. (lcrdm3, )

Jan. 27, 2015

Jan. 27, 2015

PACER

Set/Reset Deadlines/Hearing: The Defendants shall respond to the Motion to Compel on or before 2/10/2015; Plaintiffs shall file a reply on or before 2/17/2015. A Status Conference is set for 2/20/2015, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Jan. 28, 2015

Jan. 28, 2015

PACER
16

NOTICE of Appearance by Phil Telfeyan on behalf of SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (znmw, ) (Entered: 02/05/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
17

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Compel by DISTRICT OF COLUMBIA (Gonzalez, Joseph) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
18

RESPONSE re 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Compel filed by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Telfeyan, Phil) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER

MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Response/Reply 17, it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to Plaintiffs' Motion to Compel 15 on or before February 13, 2015. Signed by Judge Randolph D. Moss on 2/11/2015. (lcrdm2, )

Feb. 11, 2015

Feb. 11, 2015

PACER

Set/Reset Deadline: Defendants shall respond to Plaintiffs' Motion to Compel 15 on or before 2/13/2015. (kt)

Feb. 12, 2015

Feb. 12, 2015

PACER
19

RESPONSE re 15 MOTION to Compel filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit)(Gonzalez, Joseph) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall be prepared to discuss the pending motion to compel and whether limited discovery should be authorized at this time at the February 20, 2015 status conference. Signed by Judge Randolph D. Moss on February 16, 2015. (lcrdm3, )

Feb. 16, 2015

Feb. 16, 2015

PACER
20

REPLY to opposition to motion re 15 MOTION to Compel filed by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Telfeyan, Phil) (Entered: 02/16/2015)

Feb. 16, 2015

Feb. 16, 2015

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 2/20/2015. (Court Reporter Lisa Foradori) (kt)

Feb. 20, 2015

Feb. 20, 2015

PACER
21

NOTICE OF WITHDRAWAL OF APPEARANCE as to DISTRICT OF COLUMBIA, JOHN DOE OFFICERS 1-20, TAYLOR VOLPE. Attorney Aaron Josiah Finkhousen terminated. (Finkhousen, Aaron) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER

MINUTE ORDER: As discussed at today's status conference, the Court shall construe Plaintiff's Motion to Compel 15 as a Motion for Expedited Discovery. It is hereby ORDERED that Defendants may file any supplemental opposition to the motion on or before March 6, 2015. Signed by Judge Randolph D. Moss on 2/20/2015. (lcrdm2, )

Feb. 20, 2015

Feb. 20, 2015

PACER

Set/Reset Deadline: The Defendants may file any supplemental opposition to the motion on or before 3/6/2015. (kt)

Feb. 23, 2015

Feb. 23, 2015

PACER
22

NOTICE regarding consent to expedited discovery by DISTRICT OF COLUMBIA (Gonzalez, Joseph) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER

MINUTE ORDER: In light of Defendants' Notice Regarding Consent to Expedited Discovery 22, it is hereby ORDERED that Plaintiffs' Motion to Compel 15 is DENIED without prejudice as moot. Signed by Judge Randolph D. Moss on March 20, 2015. (lcrdm3, )

March 20, 2015

March 20, 2015

PACER
23

MOTION for Leave to File Amended Complaint by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Attachments: # 1 Exhibit Exhibit 1: First Amended Complaint)(Karakatsanis, Alec) (Entered: 04/22/2015)

1 Exhibit Exhibit 1: First Amended Complaint

View on RECAP

April 22, 2015

April 22, 2015

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to File Sur-Reply 13 and Defendants' Opposition 14, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiffs may file a sur-reply of no more than seven pages on or before September 30, 2015. Signed by Judge Randolph D. Moss on 9/25/2015. (lcrdm3, )

Sept. 25, 2015

Sept. 25, 2015

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to File Amended Complaint 23, it is hereby ORDERED that the motion is GRANTED. The Amended Complaint [23-1] is deemed FILED. Signed by Judge Randolph D. Moss on 9/25/2015. (lcrdm3, )

Sept. 25, 2015

Sept. 25, 2015

PACER
24

First AMENDED COMPLAINT against ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, DISTRICT OF COLUMBIA, JOHN DOE OFFICERS 1-20, HERBERT NICHOLLS, TAYLOR VOLPE with Jury Demand filed by S.R., S.B., SHANDALYN HARRISON, S.H., STERLING HARRISON.(zrdj) (Entered: 09/28/2015)

Sept. 25, 2015

Sept. 25, 2015

RECAP
25

ENTERED IN ERROR.....NOTICE by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. re 24 Amended Complaint (Karakatsanis, Alec) Modified on 9/29/2015 counsel WILL Refile (zrdj). (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
26

NOTICE of Summons by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. re 24 Amended Complaint (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Karakatsanis, Alec) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
27

SUMMONS (4) Issued Electronically as to ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, HERBERT NICHOLLS. (Attachments: # 1 Consent Forms)(zrdj) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
28

NOTICE by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. re 24 Amended Complaint (Attachments: # 1 Exhibit Search Warrant Application)(Karakatsanis, Alec) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
29

SURREPLY to re 8 MOTION to Dismiss filed by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Karakatsanis, Alec) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
30

Consent MOTION for Extension of Time to File Answer re 24 Amended Complaint by DISTRICT OF COLUMBIA (Gonzalez, Joseph) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER

MINUTE ORDER: Defendants' Consent Motion for Extension of Time 30 is hereby GRANTED. Defendants shall respond to Plaintiffs' First Amended Complaint 24 on or before October 23, 2015. Signed by Judge Randolph D. Moss on 10/14/2015. (lcrdm3, )

Oct. 14, 2015

Oct. 14, 2015

PACER

Set/Reset Deadline: Defendants shall respond to Plaintiffs' First Amended Complaint 24 on or before 10/23/2015. (kt)

Oct. 15, 2015

Oct. 15, 2015

PACER
31

Joint MOTION for Order permitting the Parties to incorporate previous Motion to Dismiss briefing by DISTRICT OF COLUMBIA (Gonzalez, Joseph) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

MINUTE ORDER: The parties' Joint Motion to Incorporate Prior Briefing 31 is hereby GRANTED. The motion to dismiss 8, opposition 11, reply 12, and sur-reply 29 are hereby deemed applicable to the Amended Complaint. Signed by Judge Randolph D. Moss on 10/28/2015. (lcrdm3, )

Oct. 28, 2015

Oct. 28, 2015

PACER
32

NOTICE of Acceptance of Service by ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, HERBERT NICHOLLS re 24 Amended Complaint (Gonzalez, Joseph) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER

MINUTE ORDER: In light of the parties' representation that they have agreed to stay this case in order to focus on settlement efforts, it is hereby ORDERED that this case be STAYED pending further notice. The parties shall notify the Court if at any time they wish to employ alternative dispute resolution or mediation before a magistrate judge. It is FURTHER ORDERED that the parties shall file a joint status report on or before January 9, 2017, regarding the status of the settlement talks. Signed by Judge Randolph D. Moss on 12/9/2016. (lcrdm3, )

Dec. 9, 2016

Dec. 9, 2016

PACER

Set/Reset Deadlines: The parties shall file a joint status report on or before 1/9/2017. (kt)

Dec. 9, 2016

Dec. 9, 2016

PACER
33

NOTICE of Appearance by Katherine Hubbard on behalf of All Plaintiffs (Hubbard, Katherine) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
34

Joint STATUS REPORT by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Hubbard, Katherine) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER

MINUTE ORDER: As the parties requested in their Joint Status Report 34, it is hereby ORDERED that the parties shall file a further joint status report on or before February 8, 2017, unless the parties have filed a stipulation of dismissal by that date. Signed by Judge Randolph D. Moss on 1/9/2017. (lcrdm3, )

Jan. 9, 2017

Jan. 9, 2017

PACER

Set/Reset Deadlines: The parties shall file a further joint status report on or before 2/8/2017. (kt)

Jan. 10, 2017

Jan. 10, 2017

PACER
35

Joint STATUS REPORT by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. (Hubbard, Katherine) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 35, it is hereby ORDERED that, on or before February 22, 2017, unless the parties have filed a stipulation of dismissal by that date, the parties shall file a further joint status report. The status report shall (1) advise the Court as to the status of the settlement negotiations and (2) state both parties' views as to whether mediation before a magistrate judge or in the Circuit Executive's Office would further the negotiation process. Signed by Judge Randolph D. Moss on 2/8/2017. (lcrdm3, )

Feb. 8, 2017

Feb. 8, 2017

PACER

Set/Reset Deadlines: Joint Status Report due by 2/22/2017. (dot)

Feb. 8, 2017

Feb. 8, 2017

PACER
36

Joint STATUS REPORT by ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, DISTRICT OF COLUMBIA, HERBERT NICHOLLS, TAYLOR VOLPE. (Finkhousen, Aaron) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 36, it is hereby ORDERED that the parties appear for a status conference on April 4, 2017, at 2:30 p.m. Signed by Judge Randolph D. Moss on 3/5/2017. (lcrdm3, )

March 5, 2017

March 5, 2017

PACER

Set/Reset Hearings: A Status Conference is set for 4/4/2017, at 2:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

March 6, 2017

March 6, 2017

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 4/4/2017. Case UNSTAYED. Briefs identifying additional authorities and/or cases, due within one week. (Court Reporter: Pat Kaneshiro-Miller). (kt)

April 4, 2017

April 4, 2017

PACER
37

NOTICE OF SUBSTITUTION OF COUNSEL by Aaron Josiah Finkhousen on behalf of ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, DISTRICT OF COLUMBIA, HERBERT NICHOLLS, TAYLOR VOLPE Substituting for attorney Joseph Gonzalez (Finkhousen, Aaron) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
38

NOTICE OF SUPPLEMENTAL AUTHORITY by ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, DISTRICT OF COLUMBIA, HERBERT NICHOLLS, TAYLOR VOLPE (Finkhousen, Aaron) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
39

NOTICE OF SUPPLEMENTAL AUTHORITY by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Hubbard, Katherine) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
40

MEMORANDUM OPINION AND ORDER: Defendants' motion to dismiss, Dkt. 8, is hereby GRANTED as to Count Four, GRANTED in part and DENIED in part as to Counts One and Seven, and otherwise DENIED. See document for details. Signed by Judge Randolph D. Moss on 9/16/2017. (lcrdm1, ) (Main Document 40 replaced on 9/18/2017) (zkt). (Entered: 09/16/2017)

Sept. 16, 2017

Sept. 16, 2017

RECAP
41

ORDER setting Initial Scheduling Conference for October 25, 2017 at 2:45 pm, in Courtroom 21. See document for details. Signed by Judge Randolph D. Moss on 9/18/17. (lcrdm3, ) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER

Set/Reset Hearings: Initial Scheduling Conference set for 10/25/2017, at 2:45 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Sept. 18, 2017

Sept. 18, 2017

PACER
42

NOTICE OF WITHDRAWAL OF APPEARANCE as to SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R.. Attorney Phil Telfeyan terminated. (Telfeyan, Phil) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
43

ANSWER to 24 Amended Complaint by ZACHARY BLIER, JAMES BOETLER, GREGORY COLLINS, DISTRICT OF COLUMBIA, HERBERT NICHOLLS. Related document: 24 Amended Complaint filed by S.H., SHANDALYN HARRISON, S.B., S.R., STERLING HARRISON.(DeBerardinis, Robert) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
44

MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit Protective Order)(Hubbard, Katherine) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 10/25/2017. Scheduling Order forthcoming. A Status Conference is set for 5/3/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt)

Oct. 25, 2017

Oct. 25, 2017

PACER
45

SCHEDULING ORDER: It is hereby ORDERED that (1) Rule 26(a)(1) initial disclosures shall be submitted on or before November 27, 2017; (2) Any additional parties shall be joined on or before December 4, 2017; (3) Any amendments to the pleadings shall be filed on or before December 4, 2017; (4) The parties shall conclude fact discovery on or before May 1, 2018; (5) The parties shall appear for a status conference on May 3, 2018, at 10:00 a.m. in Courtroom 21; (6) Plaintiffs expert reports shall be filed on or before June 1, 2018; (7) Defendants expert reports shall be filed on or before August 1, 2018; (8) Any expert depositions shall occur on or before September 1, 2018; and (9) The Court will set a schedule for briefing dispositive motions, if any, after the close of discovery. Signed by Judge Randolph D. Moss on 10/26/17. (lcrdm3, ) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
46

PROTECTIVE ORDER: The parties are hereby ORDERED to comply with the directives in the attached Protective Order. Signed by Judge Randolph D. Moss on 10/26/17. (lcrdm3, ) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER

Set/Reset Deadlines: Rule 26(a)(1) initial disclosures shall be submitted on or before 11/27/2017; Any additional parties shall be joined on or before 12/4/2017; Any amendments to the pleadings shall be filed on or before 12/4/2017; The parties shall conclude fact discovery on or before 5/1/2018; Plaintiffs expert reports shall be filed on or before 6/1/2018; Defendants expert reports shall be filed on or before 8/1/2018; Any expert depositions shall occur on or before 9/1/2018. (kt)

Oct. 27, 2017

Oct. 27, 2017

PACER
47

NOTICE of Appearance by Premal Dharia on behalf of All Plaintiffs (Dharia, Premal) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
48

Consent MOTION for Extension of Time to Amend 24 Amended Complaint by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Attachments: # 1 Text of Proposed Order)(Hubbard, Katherine) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Extension of Time to Amend 48, the motion is hereby GRANTED. Plaintiffs may amend their complaint on or before March 5, 2018. Signed by Judge Randolph D. Moss on 12/5/17. (lcrdm3, )

Dec. 5, 2017

Dec. 5, 2017

PACER

Set/Reset Deadlines: Plaintiffs to amend their complaint on or before 3/5/2018. (kt)

Dec. 5, 2017

Dec. 5, 2017

PACER
49

Consent MOTION for Settlement of Minors by SHANDALYN HARRISON, STERLING HARRISON, S.B., S.H., S.R. (Attachments: # 1 Text of Proposed Order)(Hubbard, Katherine) (Entered: 04/03/2018)

1 Text of Proposed Order

View on PACER

April 3, 2018

April 3, 2018

RECAP

MINUTE ORDER: Upon consideration of Plaintiffs' Consent Motion to Approve Settlement of Minor, it is hereby ORDERED that the motion is GRANTED. Plaintiff Shandalyn Harrison is hereby authorized to settle the claims of the minor children, S.H., S.B., and S.R., with Defendant District of Columbia with regard to the search warrant execution of April 13, 2013, for the sum of $0.00, and said settlement is hereby APPROVED by the Court. It is further ORDERED that Shandalyn Harrison shall create a trust for her daughters and deposit a portion of the settlement in that trust according the terms set forth by Plaintiffs' motion. See Dkt. 49 at 2 n.1. The Clerk of the Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 4/4/18. (lcrdm3, )

April 4, 2018

April 4, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 4, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mother of three minor daughters; those minor daughters, aged 7, 11, and 13 at the time of the incident; and the teenage brother of the mother.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The District of Columbia (Washington, DC, District of Columbia), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $75,000

Issues

General:

Aggressive behavior

Excessive force

Failure to supervise

Failure to train

Juveniles

Pattern or Practice

Racial profiling

Search policies

Race:

Black

Affected Gender:

Female

Male