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 ord…

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)

Edenfield, Berry Avant (Georgia)

Kallon, Abdul K. [Karim] (Alabama)

Martin, Beverly Baldwin (Georgia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Graunke, Kristi L. (Georgia)

Howard, Ebony G. (Alabama)

Johnson, Jadine (Alabama)

Katzerman, Jerri (Alabama)

Judge(s)

Black, Susan Harrell (Florida)

Blackburn, Sharon Lovelace (Alabama)

Edenfield, Berry Avant (Georgia)

Kallon, Abdul K. [Karim] (Alabama)

Martin, Beverly Baldwin (Georgia)

Attorneys(s) 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)

Attorneys(s) for Defendant

Bentley, Thomas III (Alabama)

Boardman, Mark S. (Alabama)

Carr, Clay Richard (Alabama)

Choy, Michael K K (Alabama)

Fullerton, Frederic L II (Alabama)

King, Nicole E. (Alabama)

Latta, Forrest S. (Alabama)

Lawson, Mark M. (Alabama)

Patton, Javan J. (Alabama)

Ramey, Edward T. (Colorado)

Relfe, Julien Mitchell (Alabama)

Rutherford, Robert H. Jr. (Alabama)

Shirley, Elizabeth Bosquet (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

J.W. v. Birmingham Board of Education

Dec. 14, 2018 Docket
1

Complaint

J.W. v. Birmingham Board of Education

Dec. 1, 2010 Complaint
48

Memorandum Opinion

J.W. v. Birmingham Board of Education

July 20, 2011 Order/Opinion
50

Order

J.W. v. Birmingham Board of Education

July 20, 2011 Order/Opinion
187

Memorandum and Opinion Order

J.W. v. Birmingham Board of Education

2012 WL 3849032, 2012 U.S.Dist.LEXIS 124183

Aug. 31, 2012 Order/Opinion
188

Corrected Third Amended Complaint

Sept. 10, 2012 Complaint
196

Memorandum Opinion and Order

J.W. v. Birmingham Board of Education

Oct. 3, 2012 Order/Opinion
212-1

Per Curiam Opinion

U. S. Court of Appeals for the Eleventh Circuit

541 Fed.Appx. 937

Sept. 19, 2013 Order/Opinion
282

Findings of Fact and Conclusions of Law

J.W. v. Birmingham Board of Education

143 F.Supp.3d 1118

Sept. 30, 2015 Magistrate Report/Recommendation
316-1

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 Pleading / Motion / Brief

Docket

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

Last updated May 20, 2022, 3:53 a.m.

ECF Number Description Date Link
48

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/20/11. (CVA)

July 20, 2011 RECAP
1

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)

Dec. 1, 2010
2

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)

Dec. 1, 2010
187

MEMORANDUM OPINION AND ORDER: As further set out in order, 75 , Motion for Class Certification, is GRANTED. 82 and 90 , Motions to Strike, are found to be MOOT. Signed by Judge Abdul K Kallon on 08/31/12. (CVA)

Aug. 31, 2012 RECAP
3

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)

Dec. 9, 2010
4

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)

Dec. 22, 2010
5

NOTICE of Appearance by Mark S Boardman on behalf of Birmingham Board of Education (Boardman, Mark) (Entered: 01/07/2011)

Jan. 7, 2011
6

NOTICE of Appearance by Clay R Carr on behalf of Birmingham Board of Education (Carr, Clay) (Entered: 01/07/2011)

Jan. 7, 2011
7

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)

Jan. 7, 2011
8

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)

Jan. 7, 2011
9

ANSWER to Amended Complaint by A C Roper.(Fullerton, Frederic) (Entered: 01/12/2011)

Jan. 12, 2011
10

ANSWER to Amended Complaint by J Nevitt.(Fullerton, Frederic) (Entered: 01/12/2011)

Jan. 12, 2011
11

ANSWER to Amended Complaint by M Benson.(Fullerton, Frederic) (Entered: 01/12/2011)

Jan. 12, 2011
12

ANSWER to Amended Complaint by R Tarrant.(Fullerton, Frederic) (Entered: 01/12/2011)

Jan. 12, 2011
13

ANSWER to Amended Complaint by A Clark.(Fullerton, Frederic) (Entered: 01/12/2011)

Jan. 12, 2011
15

Brief re 14 MOTION to Dismiss. (Carr, Clay) (Entered: 01/21/2011)

Jan. 21, 2011
16

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)

Jan. 21, 2011
17

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)

Jan. 31, 2011
18

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)

Jan. 31, 2011
19

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)

Feb. 14, 2011
20

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)

Feb. 14, 2011
21

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)

Feb. 14, 2011
22

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)

Feb. 28, 2011
23

REPORT of Rule 26(f) Planning Meeting. (Carr, Clay) (Entered: 03/03/2011)

March 3, 2011
24

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)

May 2, 2011
25

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)

May 3, 2011
26

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)

May 3, 2011
27

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)

May 3, 2011
28

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)

May 11, 2011
29

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)

May 11, 2011
30

MOTION to Strike by M Benson, A Clark, J Nevitt, A C Roper, R Tarrant. (Fullerton, Frederic) (Entered: 05/11/2011)

May 11, 2011

PHV Fee paid for Kristi L. Graunke: $50, receipt number B4601022938 (CVA) (Entered: 05/25/2011)

May 12, 2011
32

RESPONSE to Discovery Request by M Benson, A Clark, J Nevitt, A C Roper, R Tarrant.(Fullerton, Frederic) (Entered: 05/13/2011)

May 13, 2011
33

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)

May 16, 2011
34

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)

May 19, 2011
35

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)

May 24, 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)

May 26, 2011
36

PROTECTIVE ORDER. Signed by Judge Abdul K Kallon on 05/26/11. (CVA) (Entered: 05/26/2011)

May 26, 2011
37

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)

May 27, 2011
38

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)

May 27, 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)

May 31, 2011
39

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)

June 1, 2011
40

PROTECTIVE ORDER. Signed by Judge Abdul K Kallon on 6/3/11. (ASL) (Entered: 06/03/2011)

June 3, 2011
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: 06/08/2011)

June 8, 2011
42

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)

June 8, 2011
43

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)

June 8, 2011
44

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)

June 9, 2011
45

NOTICE of Appearance by Dominique Nong on behalf of All Plaintiffs (Nong, Dominique) (Entered: 06/10/2011)

June 10, 2011
46

NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon Notice of Service of Personnel Records (Carr, Clay) (Entered: 06/30/2011)

June 30, 2011
47

NOTICE by Birmingham Board of Education, Anthony Moss, Craig Witherspoon Notice of Service of Discovery Documents (Carr, Clay) (Entered: 07/07/2011)

July 7, 2011
49

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)

July 20, 2011
50

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)

July 20, 2011
51

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)

July 20, 2011
52

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)

July 29, 2011
53

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)

July 29, 2011
54

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)

Aug. 2, 2011
55

Defendant Anthony Moss' ANSWER to Amended Complaint by Anthony Moss.(Carr, Clay) (Entered: 08/11/2011)

Aug. 11, 2011
56

MOTION to Dismiss Third Amended Complaint by Birmingham Board of Education. (Carr, Clay) (Entered: 08/11/2011)

Aug. 11, 2011
57

ANSWER to Amended Complaint by A C Roper.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
59

ANSWER to Amended Complaint by A Clark.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
60

ANSWER to Amended Complaint by R Tarrant.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
61

ANSWER to Amended Complaint by M Benson.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
62

ANSWER to Amended Complaint by D Henderson.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
63

ANSWER to Amended Complaint by S Smith.(Fullerton, Frederic) (Entered: 08/11/2011)

Aug. 11, 2011
64

Defendants' Notice of Supplemental Discovery(Fullerton, Frederic) Modified on 8/16/2011 (CVA). (Entered: 08/16/2011)

Aug. 16, 2011
65

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)

Aug. 17, 2011
66

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)

Sept. 9, 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)

Sept. 12, 2011
67

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)

Sept. 13, 2011
68

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)

Sept. 16, 2011
69

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)

Sept. 21, 2011
70

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)

Sept. 26, 2011
71

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)

Sept. 26, 2011
72

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)

Sept. 26, 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)

Sept. 27, 2011
73

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)

Oct. 3, 2011
74

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)

Oct. 4, 2011
75

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)

Oct. 19, 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)

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)

Oct. 20, 2011
76

NOTICE by Anthony Moss of Service of Second Request for Production of Documents (Carr, Clay) (Entered: 10/24/2011)

Oct. 24, 2011
77

NOTICE by Birmingham Board of Education of Service of Response to Plaintiffs' Subpoenas (Carr, Clay) (Entered: 10/25/2011)

Oct. 25, 2011
78

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)

Oct. 28, 2011
79

Witness List and Exhibit List for Class Certification by Anthony Moss. (Carr, Clay) (Entered: 11/01/2011)

Nov. 1, 2011
80

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)

Nov. 1, 2011
81

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)

Nov. 2, 2011
82

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)

Nov. 9, 2011
83

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)

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)

Nov. 9, 2011
84

Opposition to re 75 Defendant's Opposition to Motion for Class Certification filed by Anthony Moss. (Carr, Clay) (Entered: 11/09/2011)

Nov. 9, 2011
85

Opposition to re 80 filed by Anthony Moss. (Carr, Clay) (Entered: 11/15/2011)

Nov. 15, 2011
86

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)

Nov. 21, 2011
87

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)

Nov. 21, 2011
88

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)

Nov. 21, 2011
89

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)

Nov. 21, 2011
90

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)

Nov. 22, 2011
91

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)

Nov. 28, 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)

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)

Nov. 29, 2011
92

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)

Nov. 29, 2011

State / Territory: Alabama

Case Type(s):

Policing

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

Birmingham Board of Education (Birmingham, Jefferson), School District

Birmingham Police Department (Birmingham, Jackson), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Litigation

Amount Defendant Pays: $10,000

Issues

General:

Aggressive behavior

Assault/abuse by staff

Excessive force

Failure to train

Juveniles

Pepper/OC spray

Restraints : chemical