Case: J.W. v. Roper

2:10-cv-03314 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 1, 2010

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 1, 2010, plaintiffs, high school students in the Birmingham City Schools (BCS), filed this lawsuit in the United States District Court for the Northern District of Alabama. The plaintiffs sued the Birmingham Board of Education (BOE), the Birmingham Police Department (BPD), and several BPD officers under 42 U.S.C. § 1983. The plaintiffs alleged that the School Resource Officers (SROs), police officers who worked in the high schools, had repeatedly used pepper spray on students in order to enforce school discipline. The plaintiffs, represented by the Southern Poverty Law Center, brought a class action suit, on behalf of all current and future BCS high school students, for declaratory and injunctive relief. Specifically, the plaintiffs alleged that pepper spraying students on campus violated the Fourth and Fourteenth Amendments to the U.S. Constitution as well as state tort law. They sought an injunction enjoining the defendants from continuing this practice. In addition to the class claims, the plaintiffs also brought individual claims for compensatory damages as a result of being pepper sprayed.

The case was initially assigned to Chief Judge Sharon Lovelace Blackburn who recused herself on May 19, 2011. It was reassigned to Judge Abdul K. Kallon. On July 20, 2011, Judge Kallon dismissed a few claims against the assistant high school principal and dismissed all remaining claims against the BCS Superintendent and the BOE, by granting in part and denying in part the school defendants' motion to dismiss. In light of that decision, that same day, the court denied the plaintiffs' motion for class certification without prejudice, allowing the plaintiffs to refile the motion with an amended complaint.

On August 31, 2012, the Judge Kallon granted the plaintiffs' motion for class certification. 2012 WL 3849032. The Chief of the BPD and the SROs petitioned the U.S. Court of Appeals for the Eleventh Circuit for permission to appeal the class certification order.

On September 25, 2012, Judge Kallon denied the police defendants' motion to stay further class action proceedings pending the resolution of the appeal. The court decided on its own, however, to stay all proceedings in the case because it planned to deny police defendants' and the assistant high school principal's earlier motions for summary judgement based on immunity grounds. Staying the proceedings, the court reasoned, would give the defendants the opportunity to appeal their qualified immunity defenses. On October 3, 2012, as promised, Judge Kallon denied the motions for summary judgment based on qualified immunity, while granting summary judgment on a few claims against the Chief of the BPD.

Both the assistant principal and the police defendants appealed the district court's partial denial of the motions for summary judgment based on qualified immunity. Meanwhile, on December 20, 2012, the Eleventh Circuit Court of Appeals denied permission to the police defendants to appeal the class certification order. This meant that the class action claims could continue.

A few months later, the assistant high school principal reached a settlement with the plaintiffs settling all district court claims and all claims and issues on appeal. Both sides bore their own costs. As a result, on February 22, 2013, the Eleventh Circuit dismissed the assistant principal's appeal of the district court order denying summary judgment on immunity grounds. And on April 16, 2013, the District Court (Judge Abdul K. Kallon) dismissed the claims against the assistant principal; the only remaining defendants were the Chief of the BPD and the SROs.

On September 19, 2013, the Eleventh Circuit affirmed the district court's decision that the SROs were not entitled to qualified immunity and dismissed the remaining claims for lack of appellate jurisdiction. J.W. v. Roper, 541 Fed. Appx. 937 (11th Cir. 2013) (per curiam). The parties resumed discovery in the district court on plaintiffs' remaining claims.

Judge Kallon held a twelve day bench trial in late January and early February 2015. On September 30, 2015, the court released its findings of fact and conclusions of law. 143 F. Supp. 3d 1118 (N.D. Ala. 2015). First, the court found that two of the plaintiffs succeeded on the merits of their individual excessive use of force claims because neither resisted arrest or posed a danger to anyone, whereas the other plaintiffs all exhibited grounds for use of the chemical spray. The court awarded these two plaintiffs $5,000 in damages each. Next, the court found that the six plaintiffs who the SROs directly sprayed succeeded on the merits of their excessive force claim for the SROs' failure to decontaminate them. The court also awarded these six plaintiffs $5,000 in damages each. Finally, on the class claims, the court concluded that the Fourth Amendment violations occurred pursuant to a policy or custom of the BPD and that the plaintiffs are entitled to declaratory and injunctive relief. Rather than issue a permanent injunction, however, the court ordered the parties to meet and confer to devise a training and procedure plan to improve the policies related to the use of chemical spray in Birmingham schools. Thus, the district court granted the plaintiffs relief on most of their claims.

On October 16, 2015, the defendants appealed the following district court decisions to the Eleventh Circuit: the order granting class certification, the rulings on the parties' motions in limine, the interlocutory orders denying qualified immunity, the evidentiary rulings during the trial, and the final order issued on September 30. Specifically, the SROs found liable on the decontamination claims argued that they were entitled to qualified immunity on the plaintiffs' Fourth Amendment claims. Additionally, Chief Roper appealed the district court's ruling on the class claims. The defendants did not appeal the district court's award of $5,000 to two of the plaintiffs who succeeded in their excessive use of force claims.

After extensive review of the lengthy trial transcript and documentary evidence, the Eleventh Circuit issued its opinion on September 24, 2018. 904 F.3d 1248 (11th Cir. 2018). The appeals court found that the SROs were entitled to qualified immunity on the plaintiffs' decontamination claims because the relevant law was not clearly established at the time of their conduct in 2009, 2010, and 2011. Further, the appeals court held that the class-based claims for declaratory and injunctive relief with respect to the use of the chemical spray and the decontamination policy failed for lack of standing.

Thus, on December 14, 2018, Judge Kallon entered judgment for the two plaintiffs for $5,000 each on their excessive force claims and entered judgment for the defendants on all other claims. The court dismissed the case with prejudice and the case is now closed.

Summary Authors

David Hamstra (3/14/2015)

Eva Richardson (1/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5566839/parties/j-w-v-birmingham-board-of-education/

Judge(s)

Black, Susan Harrell (Florida)

Blackburn, Sharon Lovelace (Alabama)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Attorney for Defendant

Bentley, Thomas III (Alabama)

Boardman, Mark S. (Alabama)

Judge(s)

Black, Susan Harrell (Florida)

Blackburn, Sharon Lovelace (Alabama)

Edenfield, Berry Avant (Georgia)

Kallon, Abdul K. [Karim] (Alabama)

Martin, Beverly Baldwin (Georgia)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Graunke, Kristi L. (Georgia)

Howard, Ebony G. (Alabama)

Johnson, Jadine (Alabama)

Katzerman, Jerri (Alabama)

Menschel, Brooke (Alabama)

Morris, Maria V. (Alabama)

Nong, Dominique (Alabama)

Attorney for Defendant

Bentley, Thomas III (Alabama)

Boardman, Mark S. (Alabama)

Carr, Clay Richard (Alabama)

Choy, Michael K K (Alabama)

Fullerton, Frederic L II (Alabama)

Jr, Robert H (Alabama)

King, Nicole E. (Alabama)

Latta, Forrest S. (Alabama)

Lawson, Mark M. (Alabama)

Patton, Javan J. (Alabama)

Ramey, Edward T. (Colorado)

Ramey, Eddie Travis (Alabama)

Relfe, Julien Mitchell (Alabama)

Rutherford, Robert H. Jr. (Alabama)

Shirley, Elizabeth Bosquet (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:10-cv-03314	Docket [PACER] J.W. v. Birmingham Board of Education	Dec. 14, 2018	Dec. 14, 2018 Docket
1 2:10-cv-03314	Complaint J.W. v. Birmingham Board of Education	Dec. 1, 2010	Dec. 1, 2010 Complaint
48 2:10-cv-03314	Memorandum Opinion J.W. v. Birmingham Board of Education	July 20, 2011	July 20, 2011 Order/Opinion
50 2:10-cv-03314	Order J.W. v. Birmingham Board of Education	July 20, 2011	July 20, 2011 Order/Opinion
187 2:10-cv-03314	Memorandum and Opinion Order J.W. v. Birmingham Board of Education	Aug. 31, 2012	Aug. 31, 2012 Order/Opinion 2012 WL 3849032
188 2:10-cv-03314	Corrected Third Amended Complaint	Sept. 10, 2012	Sept. 10, 2012 Complaint
196 2:10-cv-03314	Memorandum Opinion and Order J.W. v. Birmingham Board of Education	Oct. 3, 2012	Oct. 3, 2012 Order/Opinion
212-1 12-15551	Per Curiam Opinion U.S. Court of Appeals for the Eleventh Circuit	Sept. 19, 2013	Sept. 19, 2013 Order/Opinion 541 Fed.Appx. 937
282 2:10-cv-03314	Findings of Fact and Conclusions of Law J.W. v. Birmingham Board of Education	Sept. 30, 2015	Sept. 30, 2015 Magistrate Report/Recommendation 143 F.Supp.3d 1118
316-1 2:10-cv-03314 15-14669	Appeals from the United States District Court for the Northern District of Alabama J.W. v. Birmingham Board of Education U.S. Court of Appeals for the Eleventh Circuit	Nov. 27, 2018	Nov. 27, 2018 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5566839/j-w-v-birmingham-board-of-education/

Last updated April 8, 2025, 1:09 p.m.

ECF Number	Date	Description	Link
1	Dec. 1, 2010	COMPLAINT against M Benson, Birmingham Board of Education, A Clark, Anthony Moss, J Nevitt, A C Roper, R Tarrant, Craig Witherspoon (Filing fee $ 350, rcpt #B4601017871), filed by P S, B J, G S, J W, T A P, T L P.(FNC) (Entered: 12/01/2010)	Clearinghouse
2	Dec. 1, 2010	Summons Issued as to M Benson, Birmingham Board of Education, A Clark, Anthony Moss, J Nevitt, A C Roper, R Tarrant, Craig Witherspoon. Returned to pltf for service. (FNC) (Entered: 12/01/2010)	PACER
3	Dec. 9, 2010	SUMMONS Returned Executed by B J, G S, J W, T A P, T L P. M Benson served on 12/8/2010, answer due 12/29/2010; Birmingham Board of Education served on 12/8/2010, answer due 12/29/2010; A Clark served on 12/8/2010, answer due 12/29/2010; Anthony Moss served on 12/8/2010, answer due 12/29/2010; J Nevitt served on 12/8/2010, answer due 12/29/2010; A C Roper served on 12/8/2010, answer due 12/29/2010; R Tarrant served on 12/8/2010, answer due 12/29/2010; Craig Witherspoon served on 12/8/2010, answer due 12/29/2010. (KAM, ) (Entered: 12/13/2010)	PACER
4	Dec. 22, 2010	First MOTION for Extension of Time for Plaintiffs to file Amended Complaint and for Defendants to Respond by B J, M Benson, Birmingham Board of Education, A Clark, G S, J W, Anthony Moss, J Nevitt, P S, A C Roper, T A P, T L P, R Tarrant, Craig Witherspoon. (Attachments: # 1 Agreed Order)(Howard, Ebony) (Entered: 12/22/2010)	PACER
5	Jan. 7, 2011	NOTICE of Appearance by Mark S Boardman on behalf of Birmingham Board of Education (Boardman, Mark) (Entered: 01/07/2011)	PACER
6	Jan. 7, 2011	NOTICE of Appearance by Clay R Carr on behalf of Birmingham Board of Education (Carr, Clay) (Entered: 01/07/2011)	PACER
7	Jan. 7, 2011	NOTICE by B J, G S, J W, P S, T A P, T L P Notice of Filing Plaintiffs' First Amended Complaint (Howard, Ebony) (Entered: 01/07/2011)	PACER
8	Jan. 7, 2011	AMENDED COMPLAINT Plaintiffs' First Amended Complaint against M Benson, Birmingham Board of Education, A Clark, Anthony Moss, J Nevitt, A C Roper, R Tarrant, Craig Witherspoon, filed by P S, B J, G S, J W, T A P, T L P.(Howard, Ebony) (Entered: 01/07/2011)	PACER
9	Jan. 12, 2011	ANSWER to Amended Complaint by A C Roper.(Fullerton, Frederic) (Entered: 01/12/2011)	PACER
10	Jan. 12, 2011	ANSWER to Amended Complaint by J Nevitt.(Fullerton, Frederic) (Entered: 01/12/2011)	PACER
11	Jan. 12, 2011	ANSWER to Amended Complaint by M Benson.(Fullerton, Frederic) (Entered: 01/12/2011)	PACER
12	Jan. 12, 2011	ANSWER to Amended Complaint by R Tarrant.(Fullerton, Frederic) (Entered: 01/12/2011)	PACER
13	Jan. 12, 2011	ANSWER to Amended Complaint by A Clark.(Fullerton, Frederic) (Entered: 01/12/2011)	PACER
15	Jan. 21, 2011	Brief re 14 MOTION to Dismiss. (Carr, Clay) (Entered: 01/21/2011)	PACER
16	Jan. 21, 2011	SUBMISSION ORDER re 14 MOTION to Dismiss filed by Birmingham Board of Education, Anthony Moss, Craig Witherspoon; opposition due 2/14/11, dfts' reply due 2/28/11; Setting Hearing on 14 MOTION to Dismiss: Motion Hearing set for 4/21/2011 03:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Sharon Lovelace Blackburn; Signed by Chief Judge Sharon Lovelace Blackburn on 1/21/2011. (BST, ) (Entered: 01/21/2011)	PACER
17	Jan. 31, 2011	First MOTION to Continue April 21, 2010 Hearing Date by B J, G S, J W, P S, T A P, T L P. (Howard, Ebony) (Entered: 01/31/2011)	PACER
18	Jan. 31, 2011	ORDER, granting 17 First MOTION to Continue April 21, 2010 Hearing Date Hearing set for 5/19/2011 03:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 1/31/2011. (KAM, ) (Entered: 01/31/2011)	PACER
19	Feb. 14, 2011	First MOTION to Amend/Correct 8 Amended Complaint, 1 Complaint Plaintiffs' Motion to File Second Amended Complaint and Incorporated Memorandum of Law by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiff's Miotn to File Second Amended Complaint)(Howard, Ebony) (Entered: 02/14/2011)	PACER
20	Feb. 14, 2011	AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against M Benson, Birmingham Board of Education, A Clark, Anthony Moss, J Nevitt, A C Roper, R Tarrant, Craig Witherspoon, filed by P S, B J, G S, J W, T A P, T L P.(Howard, Ebony) (Entered: 02/14/2011)	PACER
21	Feb. 14, 2011	RESPONSE in Opposition re 14 MOTION to Dismiss Plaintiffs' Response in Opposition to the Motion to Dismiss of Defendants Birmingham Board of Education, Witherspoon, and Moss filed by B J, G S, J W, P S, T A P, T L P. (Howard, Ebony) (Entered: 02/14/2011)	PACER
22	Feb. 28, 2011	REPLY to Response to Motion re 14 MOTION to Dismiss filed by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Carr, Clay) (Entered: 02/28/2011)	PACER
23	March 3, 2011	REPORT of Rule 26(f) Planning Meeting. (Carr, Clay) (Entered: 03/03/2011)	PACER
24	May 2, 2011	NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon Notice of Service of Interrogatories and Requests for Production (Carr, Clay) (Entered: 05/02/2011)	PACER
25	May 3, 2011	Third MOTION to Amend/Correct Plaintiffs' Complaint by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Plaintiffs' Third Amended Complaint, # 2 Text of Proposed Order)(Howard, Ebony) (Entered: 05/03/2011)	PACER
26	May 3, 2011	First MOTION to Certify Class by G S, J W, P S, T A P. (Attachments: # 1 Memorandum in Support of Motion for Class Certification, # 2 Exhibit 1 to Memorandum, # 3 Exhibit 2 to Memorandum, # 4 Exhibit 3 to Memorandum)(Howard, Ebony) (Entered: 05/03/2011)	PACER
27	May 3, 2011	First MOTION to Seal Document by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Text of Proposed Order)(Howard, Ebony) (Entered: 05/03/2011)	PACER
28	May 11, 2011	MOTION to Strike Exhibits to Plaintiffs' Motion to File Documents Under Seal by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Carr, Clay) (Entered: 05/11/2011)	PACER
29	May 11, 2011	First MOTION for Leave to Appear Pro Hac Vice , Kristi L. Graunke by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Text of Proposed Order)(Graunke, Kristi) (Entered: 05/11/2011)	PACER
30	May 11, 2011	MOTION to Strike by M Benson, A Clark, J Nevitt, A C Roper, R Tarrant. (Fullerton, Frederic) (Entered: 05/11/2011)	PACER
	May 12, 2011	PHV Fee paid for Kristi L. Graunke: $50, receipt number B4601022938 (CVA) (Entered: 05/25/2011)	PACER
32	May 13, 2011	RESPONSE to Discovery Request by M Benson, A Clark, J Nevitt, A C Roper, R Tarrant.(Fullerton, Frederic) (Entered: 05/13/2011)	PACER
33	May 16, 2011	Motion for Briefing Schedule filed by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Attachments: # 1 Text of Proposed Order)(Carr, Clay) Modified on 5/18/2011 (KAM, ). (Entered: 05/16/2011)	PACER
34	May 19, 2011	ORDER OF RECUSAL. Chief Judge Sharon Lovelace Blackburn recused. Case reassigned to Judge Abdul K Kallon for all further proceedings. Signed by Chief Judge Sharon Lovelace Blackburn on 5/19/2011. (KAM) (Entered: 05/19/2011)	PACER
35	May 24, 2011	MOTION for Protective Order by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Attachments: # 1 Text of Proposed Order)(Carr, Clay) (Entered: 05/24/2011)	PACER
36	May 26, 2011	PROTECTIVE ORDER. Signed by Judge Abdul K Kallon on 05/26/11. (CVA) (Entered: 05/26/2011)	PACER
	May 26, 2011	ORDER granting 29 Motion for Leave to Appear Pro Hac Vice. Attorney Kristi L. Graunke added.Signed by Judge Abdul K Kallon on 05/26/11. (CVA) (Entered: 05/26/2011)	PACER
37	May 27, 2011	ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f) and LR26.1(d)− with appendices attached. Signed by Judge Abdul K Kallon on 5/27/2011. (KSS) (Entered: 05/27/2011)	PACER
38	May 27, 2011	First MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Strike, 28 MOTION to Strike Exhibits to Plaintiffs' Motion to File Documents Under Seal , 31 MOTION to Strike Exhibits to Plaintiffs' Motion for Class Certification by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Text of Proposed Order)(Howard, Ebony) (Entered: 05/27/2011)	PACER
	May 31, 2011	ORDER granting 38 Plaintiffs' Motion for Extension of Time. Plaintiffs may respond to Defendants' respective motions to strike, 28 , 30 , and 31 by Wednesday, June 8, 2011. Defendants' replies, if any, are due Monday, June 13. Signed by Judge Abdul K Kallon on 05/31/11. (CVA) (Entered: 05/31/2011)	PACER
39	June 1, 2011	First MOTION for Protective Order by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Plaintiffs' Proposed Protective Order)(Howard, Ebony) (Entered: 06/01/2011)	PACER
40	June 3, 2011	PROTECTIVE ORDER. Signed by Judge Abdul K Kallon on 6/3/11. (ASL) (Entered: 06/03/2011)	PACER
41	June 8, 2011	MOTION for Protective Order or in the Alternative to Strike Plaintiffs' Discovery Requests by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Carr, Clay) (Entered: 06/08/2011)	PACER
42	June 8, 2011	RESPONSE in Opposition re 28 MOTION to Strike Exhibits to Plaintiffs' Motion to File Documents Under Seal , 31 MOTION to Strike Exhibits to Plaintiffs' Motion for Class Certification of Defendants Birmingham Board of Education, Witherspoon, and Moss filed by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Howard, Ebony) (Entered: 06/08/2011)	PACER
43	June 8, 2011	RESPONSE in Opposition re 30 MOTION to Strike of Defendants' Roper, Nevitt, Clark, Tarrant, and Benson filed by B J, G S, J W, P S, T A P, T L P. (Attachments: # 1 Exhibit 1)(Howard, Ebony) (Entered: 06/08/2011)	PACER
44	June 9, 2011	MOTION to Withdraw 41 MOTION for Protective Order or in the Alternative to Strike Plaintiffs' Discovery Requests by Birmingham Board of Education, Anthony Moss, Craig Witherspoon. (Carr, Clay) (Entered: 06/09/2011)	PACER
45	June 10, 2011	NOTICE of Appearance by Dominique Nong on behalf of All Plaintiffs (Nong, Dominique) (Entered: 06/10/2011)	PACER
46	June 30, 2011	NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon Notice of Service of Personnel Records (Carr, Clay) (Entered: 06/30/2011)	PACER
47	July 7, 2011	NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon Notice of Service of Discovery Documents (Carr, Clay) (Entered: 07/07/2011)	PACER
48	July 20, 2011	MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/20/11. (CVA)	Clearinghouse
49	July 20, 2011	ORDER GRANTING IN PART AND DENYING IN PART 14 MOTION to Dismiss filed by Birmingham Board of Education, Anthony Moss and Craig Witherspoon in accordance with the Memorandum Opinion. The counts are DISMISSED WITHOUT PREJUDICE. Plaintiffs may file their Third Amended Complaint on or before 7/29/11. Signed by Judge Abdul K Kallon on 07/20/11. (CVA) (Entered: 07/20/2011)	PACER
50	July 20, 2011	ORDER: In accordance with the Memorandum Opinion and Order ( 48 and 49 ), and in anticipation of the Plaintiffs' Anticipated Third Amended Complaint (pursuant to the granting of 25 ), the following is ORDERED with respect to the parties' outstanding motions: 4 and 19 are found to be MOOT; 26 is DENIED WITHOUT PREJUDICE to refiling on or before 9/30/11; 27 , 28 , 30 , 31 and 33 are found to be MOOT. The court anticipates considering some or all of the parties' respective assertions in the aforementioned motions via renewed motions once plaintiffs' provide added clarity to this case by way of their Third Amended Complaint. Signed by Judge Abdul K Kallon on 07/20/11. (CVA, ) (Entered: 07/20/2011)	Clearinghouse
51	July 20, 2011	SCHEDULING ORDER: that certain time limits apply as set out in order: Amended Pleadings due by 8/19/2011. Discovery due by 1/13/2012 (9/13/11 for class cert). Dispositive motions due by 2/17/2012. Motions and briefs for class cert are due on/before 9/30/11. Class Certification Hearing set for 12/1/2011 at 9:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Mediation order 12/13/11; object before 12/6/11. Signed by Judge Abdul K Kallon on 07/20/11. (CVA) (Entered: 07/20/2011)	PACER
52	July 29, 2011	AMENDED COMPLAINT Third Amended Complaint against All Defendants, filed by P S, B J, G S, J W, T A P, T L P.(Howard, Ebony) (Entered: 07/29/2011)	PACER
53	July 29, 2011	Unopposed Motion to Amend 51 The Scheduling Order by B J, G S, J W, P S, T A P, T L P. (Howard, Ebony) Modified on 7/29/2011 (CVA). (Entered: 07/29/2011)	PACER
54	Aug. 2, 2011	AMENDED SCHEDULING ORDER: 53 First MOTION to Amend/Correct 51 Scheduling Order, is GRANTED. Certain time limits apply as set out in order: EXTENSIONS FOR THE DEADLINES SET FOR DISCOVERY CUTOFF AND DISPOSITIVE MOTIONS WILL NOT BE EXTENDED. Discovery for class certification due 10/14/11; for other issues 3/13/12. Amended parties and pleadings due by 10/18/11. Dispositive motions due by 4/13/12. Motions and briefs in support of class certification due 10/21/11. This case is set for a class certification hearing in front of Judge Abdul K. Kallon in the Hugo Black Federal Courthouse in Birmigham, AL on 12/1/11 at 9:00 am. Final list of witnesses/exhibits for the class cert hearing due on or before 11/1/11. Mediation order 2/13/12. Signed by Judge Abdul K Kallon on 08/02/11. (CVA) (Entered: 08/02/2011)	PACER
55	Aug. 11, 2011	Defendant Anthony Moss' ANSWER to Amended Complaint by Anthony Moss.(Carr, Clay) (Entered: 08/11/2011)	PACER
56	Aug. 11, 2011	MOTION to Dismiss Third Amended Complaint by Birmingham Board of Education. (Carr, Clay) (Entered: 08/11/2011)	PACER
57	Aug. 11, 2011	ANSWER to Amended Complaint by A C Roper.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
59	Aug. 11, 2011	ANSWER to Amended Complaint by A Clark.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
60	Aug. 11, 2011	ANSWER to Amended Complaint by R Tarrant.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
61	Aug. 11, 2011	ANSWER to Amended Complaint by M Benson.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
62	Aug. 11, 2011	ANSWER to Amended Complaint by D Henderson.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
63	Aug. 11, 2011	ANSWER to Amended Complaint by S Smith.(Fullerton, Frederic) (Entered: 08/11/2011)	PACER
64	Aug. 16, 2011	Defendants' Notice of Supplemental Discovery(Fullerton, Frederic) Modified on 8/16/2011 (CVA). (Entered: 08/16/2011)	PACER
65	Aug. 17, 2011	NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon of Service of Defendant Anthony Moss' Answers to Plaintiff's Interrogatories and Requests for Production (Carr, Clay) (Entered: 08/17/2011)	PACER
66	Sept. 9, 2011	MOTION to Quash Subpoenas and for Protective Order by Birmingham Board of Education. (Attachments: # 1 Affidavit Affidavit of Emanuel Ford)(Carr, Clay) (Entered: 09/09/2011)	PACER
	Sept. 12, 2011	ORDER setting a briefing schedule on 66 MOTION to Quash Subpoenas and for Protective Order filed by Birmingham Board of Education. Response due by 9/16/11, reply due by 9/21/11. Signed by Judge Abdul K Kallon on 09/12/11. (CVA) (Entered: 09/12/2011)	PACER
67	Sept. 13, 2011	AFFIDAVIT in Support re 66 MOTION to Quash Subpoenas and for Protective Order filed by Birmingham Board of Education. (Carr, Clay) (Entered: 09/13/2011)	PACER
68	Sept. 16, 2011	RESPONSE in Opposition re 66 MOTION to Quash Subpoenas and for Protective Order filed by B D, B J, G S, J W, K B, P S, T A P, T L P. (Attachments: # 1 Declaration of Ebony Howard and Corresponding Exhibits)(Howard, Ebony) (Entered: 09/16/2011)	PACER
69	Sept. 21, 2011	REPLY to Response to Motion re 66 MOTION to Quash Subpoenas and for Protective Order filed by Birmingham Board of Education. (Carr, Clay) (Entered: 09/21/2011)	PACER
70	Sept. 26, 2011	NOTICE by Birmingham Board of Education, Anthony Moss Notice of Service of Notice of Deposition of T.A.P. and Barbara Pettaway (11/1/11) (Carr, Clay) (Entered: 09/26/2011)	PACER
71	Sept. 26, 2011	MOTION to Strike 69 Reply to Response to Motion by B D, B J, G S, J W, K B, P S, T A P, T L P. (Howard, Ebony) (Entered: 09/26/2011)	PACER
72	Sept. 26, 2011	Memorandum in Support of 71 , Motion to Strike by B D, B J, G S, J W, K B, P S, T A P, T L P. (Howard, Ebony) Modified on 9/26/2011 (CVA). (Entered: 09/26/2011)	PACER
	Sept. 27, 2011	ORDER setting briefing schedule on 71 MOTION to Strike 69 . Response due by 10/3/11; reply due by 10/6/11. Signed by Judge Abdul K Kallon on 09/27/11. (CVA) (Entered: 09/27/2011)	PACER
73	Oct. 3, 2011	RESPONSE in Opposition re 71 MOTION to Strike 69 Reply to Response to Motion filed by Birmingham Board of Education. (Carr, Clay) (Entered: 10/03/2011)	PACER
74	Oct. 4, 2011	REPLY Brief filed by Plaintiffs B D, B J, G S, J W, K B, P S, T A P, T L P re: 73 Response in Opposition to Motion filed by B D, B J, G S, J W, K B, P S, T A P, T L P. (Howard, Ebony) (Entered: 10/04/2011)	PACER
75	Oct. 19, 2011	MOTION to Certify Class by B D, G S, J W, K B, P S, T L P. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Class Certification, # 2 Ex. 1 to Plaintiffs' Motion for Class Cert., # 3 Ex. 2 to Plaintiffs' Motion for Class Cert., # 4 Ex. 3 to Plaintiffs' Mot. for Class Cert., # 5 Ex. 4 to Plaintiffs' Motion for Class Cert., # 6 Ex. 5 to Plaintiffs' Motion for Class Cert., # 7 Ex. 6 to Plaintiffs' Motion for Class Cert., # 8 Ex. 7 to Plaintiffs' Motion for Class Cert., # 9 Text of Proposed Order)(Howard, Ebony) (Entered: 10/19/2011)	PACER
	Oct. 20, 2011	ORDER setting briefing schedule on 75 MOTION to Certify Class. Response due 11/2/11; reply due 11/9/11. Signed by Judge Abdul K Kallon on 10/20/11. (CVA) (Entered: 10/20/2011)	PACER
	Oct. 20, 2011	ORDER AMENDING BRIFING SCHEDULE on 75 MOTION to Certify Class. Response due 11/9/11, reply due 11/23/11. Signed by Judge Abdul K Kallon on 10/20/11. (CVA) (Entered: 10/20/2011)	PACER
76	Oct. 24, 2011	NOTICE by Anthony Moss of Service of Second Request for Production of Documents (Carr, Clay) (Entered: 10/24/2011)	PACER
77	Oct. 25, 2011	NOTICE by Birmingham Board of Education of Service of Response to Plaintiffs' Subpoenas (Carr, Clay) (Entered: 10/25/2011)	PACER
78	Oct. 28, 2011	Witness List and Exhibit List for Class Certification by M Benson, A Clark, D Henderson, J Nevitt, A C Roper, S Smith, R Tarrant. (Fullerton, Frederic) (Entered: 10/28/2011)	PACER
79	Nov. 1, 2011	Witness List and Exhibit List for Class Certification by Anthony Moss. (Carr, Clay) (Entered: 11/01/2011)	PACER
80	Nov. 1, 2011	Witness List and Exhibit List by B D, G S, J W, K B, P S, T L P. (Howard, Ebony) (Entered: 11/01/2011)	PACER
81	Nov. 2, 2011	MOTION to Clarify Order 54 by B D, B J, G S, J W, K B, P S, T A P, T L P. (Attachments: # 1 Affidavit of Ebony Howard on Request for Clarification)(Howard, Ebony) Modified on 11/2/2011 (CVA). (Entered: 11/02/2011)	PACER
82	Nov. 9, 2011	MOTION to Strike 75 MOTION to Certify Class by M Benson, A Clark, D Henderson, J Nevitt, A C Roper, S Smith, R Tarrant. (Fullerton, Frederic) (Entered: 11/09/2011)	PACER
83	Nov. 9, 2011	RESPONSE in Opposition re 75 MOTION to Certify Class Redacted Corrected filed by M Benson, A Clark, D Henderson, J Nevitt, A C Roper, S Smith, R Tarrant. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 Part 1, # 8 Exhibit 7 Part 2)(Fullerton, Frederic) (Entered: 11/09/2011)	PACER
84	Nov. 9, 2011	Opposition to re 75 Defendant's Opposition to Motion for Class Certification filed by Anthony Moss. (Carr, Clay) (Entered: 11/09/2011)	PACER
	Nov. 9, 2011	ORDER: Motions terminated: 81 MOTION to Clarify Request for Clarification on Class Certification Hearing . Pursuant to the Parties' agreement, the class certification hearing on 12/1/11 will be an oral argument. Signed by Judge Abdul K Kallon on 11/09/11. (CVA) (Entered: 11/09/2011)	PACER
85	Nov. 15, 2011	Opposition to re 80 filed by Anthony Moss. (Carr, Clay) (Entered: 11/15/2011)	PACER
86	Nov. 21, 2011	REPLY to re 84 , 85 filed by B D, B J, G S, J W, K B, P S, T A P, T L P. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Howard, Ebony) (Entered: 11/21/2011)	PACER
87	Nov. 21, 2011	RESPONSE to re 82 Defendants Motion to Strike Exhibits filed by B D, B J, G S, J W, K B, P S, T A P, T L P. (Howard, Ebony) (Entered: 11/21/2011)	PACER
88	Nov. 21, 2011	REPLY to Declaration of Ebony Howard filed by B D, B J, G S, J W, K B, P S, T A P, T L P. (Howard, Ebony) (Entered: 11/21/2011)	PACER
89	Nov. 21, 2011	MOTION to Seal Document by B D, B J, G S, J W, K B, P S, T A P, T L P. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Howard, Ebony) (Entered: 11/21/2011)	PACER
90	Nov. 22, 2011	MOTION to Strike 86 REPLY (other) by M Benson, A Clark, D Henderson, J Nevitt, A C Roper, S Smith, R Tarrant. (Fullerton, Frederic) (Entered: 11/22/2011)	PACER
91	Nov. 28, 2011	MOTION to Amend/Correct 86 REPLY (other) to Defendants' Opposition Briefs on the Motion for Class Certification by B D, G S, J W, K B, P S, T L P. (Attachments: # 1 Ex. 1 − Plaintiffs' Corrected Reply Brief)(Howard, Ebony) (Entered: 11/28/2011)	PACER
92	Nov. 29, 2011	NOTICE by Birmingham Board of Education Of Service of Supplemental Response to Plaintiffs' Subpoenas (Carr, Clay) Modified on 11/29/2011 (CVA). (Entered: 11/29/2011)	PACER
	Nov. 29, 2011	ORDER granting 91 Motion to Amend/Correct. Plaintiffs are directed to file attachment to 91 as a separate document. Signed by Judge Abdul K Kallon on 11/29/11. (CVA) (Entered: 11/29/2011)	PACER
	Nov. 29, 2011	ORDER: Class certification hearing set for 12/1/11 is RESET for 12/6/2011 at 9:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 11/29/11. (CVA) (Entered: 11/29/2011)	PACER
94	Nov. 30, 2011	REPLY Brief filed by Plaintiffs B D, G S, J W, K B, P S, T L P re: 86 REPLY (other), 83 Response in Opposition to Motion, 84 Opposition (other) Plaintiffs' Corrected Reply to Defendants Opposition to the Motion for Class Certification filed by B D, G S, J W, K B, P S, T L P. (Attachments: # 1 Ex. 1 − Peoples Dep., # 2 Ex. 2 − Lyons Dep., # 3 Ex. 3 − Nevitt Dep., # 4 Ex. 4 − Glindmeyer Dec., # 5 Ex. 5 − Clark Dep., # 6 Ex. 6 − Tarrant Dep., # 7 Ex. 7 − Benson Dep.)(Howard, Ebony) (Entered: 11/30/2011)	PACER

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Case Details

State / Territory:

Alabama

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 1, 2010

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class includes all current and future high school students in the Birmingham City Schools. A few current high school students also filed individual claims.

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Birmingham Police Department

School District