Case: Varden v. City of Clanton

2:15-cv-00034 | U.S. District Court for the Middle District of Alabama

Filed Date: Jan. 15, 2015

Closed Date: Sept. 14, 2018

Clearinghouse coding complete

Case Summary

On January 15, 2015, an arrested individual who was unable to pay her bail filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama. Represented by the non-profit Equal Justice Under Law and by private counsel, the plaintiff sued the City of Clanton under 42 U.S.C. § 1983. Her complaint alleged that she was jailed because she was too poor to pay a small amount of bail money as automatically required by the City's bail schedule. Those able to pay the amount…

On January 15, 2015, an arrested individual who was unable to pay her bail filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama. Represented by the non-profit Equal Justice Under Law and by private counsel, the plaintiff sued the City of Clanton under 42 U.S.C. § 1983. Her complaint alleged that she was jailed because she was too poor to pay a small amount of bail money as automatically required by the City's bail schedule. Those able to pay the amount of the bond always obtained immediate release. Those unable to pay were required to wait in jail until the next court date, typically held on Tuesday afternoons. The bail schedule required payment upfront and provided no option to secure release on recognizance or by an unsecured bond. The plaintiff claimed this violated the First, Eighth, and Fourteenth Amendments; she sought declaratory, injunctive and compensatory relief. The case was assigned to Judge Myron Thompson.

On February 13, 2015, the U.S. Department of Justice filed a statement of interest in support of the plaintiff. The statement pointed out that the federal Bail Reform Act requires federal judges and magistrates to conduct an individualized analysis of each defendant prior to ordering pretrial detention. DOJ argued that this is constitutionally required--that fixed-sum bail systems are unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

On April 3, 2015, the plaintiff filed her first amended class-action complaint. Subsequently, the defendants moved to dismiss the case for failure to state a claim. However, before the court could rule on the motion, the parties settled the case, except for the issue of damages. The defendants agreed to a modified bail schedule and to hold a hearing within 48 hours for those unable to pay their bail.

Accordingly, on May 14, 2015, the court denied all pending motions without prejudice and cancelled all pending hearings. On September 14, 2015, the court (Judge Myron H. Thompson) issued an opinion and order granting final judgment and adopting the settlement agreement as an order of the court. The court retained jurisdiction for three years to enforce the terms of the settlement and to resolve the matter of attorney's fees. 2015 WL 5387219 (M.D. Ala. Sept. 14, 2015).

There was no further activity on the docket during the three-year enforcement period, so the case is presumably now closed.

Summary Authors

Jessica Kincaid (4/8/2016)

Virginia Weeks (1/27/2018)

Bogyung Lim (4/7/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4125906/parties/jones-v-the-city-of-clanton/


Judge(s)

Capel, Wallace Jr. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Dawson, William Monroe Jr. (Alabama)

Karakatsanis, Alec (District of Columbia)

McGuire, Joseph Mitchell (Alabama)

Swerdlin, Matthew (Alabama)

Attorneys(s) for Defendant

Copeland, Lee Hall (Alabama)

Holliday, Shannon L. (Alabama)

Kinney, Richard Warren (Alabama)

Porter, James Wallace II (Alabama)

Judge(s)

Capel, Wallace Jr. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Dawson, William Monroe Jr. (Alabama)

Karakatsanis, Alec (District of Columbia)

McGuire, Joseph Mitchell (Alabama)

Swerdlin, Matthew (Alabama)

Attorneys(s) for Defendant

Copeland, Lee Hall (Alabama)

Holliday, Shannon L. (Alabama)

Kinney, Richard Warren (Alabama)

Porter, James Wallace II (Alabama)

Other Attorney(s)

Anderson, Robert G. (Mississippi)

Beck, George (Alabama)

Brett, Sharon (District of Columbia)

Bullock, Robert B. (District of Columbia)

Foster, Lisa A. (District of Columbia)

Gayle, Winsome (District of Columbia)

Gupta, Vanita (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Katzman, Jennifer (District of Columbia)

Killebrew, Paul (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Stanner, Andrew (District of Columbia)

Documents in the Clearinghouse

Document

2:15-cv-00034

Docket [PACER]

Jones v. The City of Clanton

Sept. 14, 2015

Sept. 14, 2015

Docket
1

2:15-cv-00034

Class Action Complaint

Varden v. The City of Clanton

Jan. 15, 2015

Jan. 15, 2015

Complaint
26

2:15-cv-00034

Statement of Interest of the United States

Varden v. The City of Clanton

Feb. 13, 2015

Feb. 13, 2015

Pleading / Motion / Brief
55

2:15-cv-00034

First Amended Class Action Complaint

April 3, 2015

April 3, 2015

Complaint
71-1

2:15-cv-00034

Settlement Agreement

Jones v. The City of Clanton

June 29, 2015

June 29, 2015

Settlement Agreement
5

2:15-cv-00034

Opinion

Jones v. The City of Clanton

2015 WL 5387219

Sept. 14, 2015

Sept. 14, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4125906/jones-v-the-city-of-clanton/

Last updated Aug. 7, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

Inmate 1983 COMPLAINT against The City of Clanton ( Filing fee $ 400.00 receipt number 4602035196.), filed by Christy Dawn Varden. (Attachments: # 1 Exhibit 1, # 2 fee receipt)(djy, ) (Entered: 01/15/2015)

1 Exhibit 1

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2 fee receipt

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Jan. 15, 2015

Jan. 15, 2015

RECAP
2

MOTION for Temporary Restraining Order or in the alternative MOTION for Preliminary Injunction by Christy Dawn Varden. (Attachments: # 1 Text of Proposed Order)(djy, ) (Main Document replaced on 1/15/2015 to correct typographical error in case number only) (qc/djy, ). (Entered: 01/15/2015)

1 Text of Proposed Order

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Jan. 15, 2015

Jan. 15, 2015

PACER
3

Motion for Alec Karakatsanis to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602035196.) by Christy Dawn Varden. (Attachments: # 1 certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) Modified on 1/16/2015 to correct typographical error in attorney name (qc/djy, ). (Entered: 01/15/2015)

1 certificate of good standing

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2 Text of Proposed Order

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3 fee receipt

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Jan. 15, 2015

Jan. 15, 2015

PACER
4

MOTION to Certify Class by Christy Dawn Varden. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(djy, ) (Entered: 01/15/2015)

1 Exhibit 1

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2 Text of Proposed Order

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Jan. 15, 2015

Jan. 15, 2015

PACER
5

Summons Issued as to The City of Clanton and returned to counsel for personal service on defendant. (djy, ) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
6

SUMMONS Returned Executed by Christy Dawn Varden. The City of Clanton served on 1/16/2015, answer due 2/6/2015. (Karakatsanis, Alec) (Main Document 6 replaced on 1/16/2015) (scn, ). (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
7

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Christy Dawn Varden. Corporate Disclosures due by 1/26/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 01/16/2015)

1 Standing ORDER and sample format

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Jan. 16, 2015

Jan. 16, 2015

PACER
8

ORDER granting 3 Motion for Leave for Alec Karakatsanis to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 01/16/2015. (scn, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
9

NOTICE by Christy Dawn Varden Notice of Release from Custody (Karakatsanis, Alec) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

RECAP
10

ORDER directing that, pursuant to the notice of release from custody (doc. no. 9 ), it is ORDERED that the motion for temporary restraining order (doc. no. 2 ) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 1/20/15. (scn, ) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

RECAP
11

NOTICE of Appearance by Richard Warren Kinney on behalf of The City of Clanton (Kinney, Richard) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
12

NOTICE of Appearance by James Wallace Porter, II on behalf of The City of Clanton (Porter, James) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
13

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to The City of Clanton. Corporate Disclosures due by 2/2/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 01/22/2015)

1 Standing ORDER and sample format

View on PACER

Jan. 22, 2015

Jan. 22, 2015

PACER
14

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/22/2015 (PDF available for court use only). (Recording Time 1:17 - 1:31.) (ag, ) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
15

Corporate/Conflict Disclosure Statement by The City of Clanton. (Kinney, Richard) (Main Document 15 replaced with a published version on 1/23/2015) (scn, ). (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
16

ORDER directing as follows: (1) Plaintiff's motion for preliminary injunction (doc. no. 2 ) is set for an evidentiary hearing on February 24, 2015 at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (2) By February 6, 2015, the defendant is to file a brief summarizing the law and the proposed facts; (3) By February 13, 2015, the plaintiff is to file a reply brief. Signed by Honorable Judge Myron H. Thompson on 01/23/2015. (Furnished to Calendar/AG) (scn, ) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
17

ORDER directing as follows: (1) The motion to withdraw (doc. no. 9 ) is granted; (2) The motion for expedited hearing on motion for temporary-restraining order (doc. no. 2 ) is withdrawn; (3) The motion for hearing on motion for preliminary injunction (doc. no. 2 ) is granted. Signed by Honorable Judge Myron H. Thompson on 1/26/15. (scn, ) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
18

Corporate/Conflict Disclosure Statement by Christy Dawn Varden re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (McGuire, Joseph) (Additional attachment(s) added on 1/26/2015: # 1 Corrected certificate of service) (scn, ). (Entered: 01/26/2015)

1 Corrected certificate of service

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Jan. 26, 2015

Jan. 26, 2015

PACER
19

STATUS REPORT Regarding Mediation by The City of Clanton. (Kinney, Richard) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

RECAP
20

NOTICE of Non-Compliance re Attorney William M Dawson, Jr.. (Attachments: # 1 Standing ORDER, # 2 Renewal Form)(scn, ) (Entered: 01/28/2015)

1 Standing ORDER

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2 Renewal Form

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Jan. 28, 2015

Jan. 28, 2015

PACER
21

MOTION for Extension of Time to File Answer/Response to 1 Inmate 1983 Complaint, by The City of Clanton. (Kinney, Richard) Modified on 2/3/2015 to terminate erroneous duplicate MOTION (scn, ). (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
22

ORDER directing as follows: (1) Plaintiff's motion for class certification (doc. no. 4 ) is set for an evidentiary hearing at the same time as the hearing on the motion for preliminary injunction, on February 24, 2015 at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (2) By February 17, 2015 at 5 p.m., the defendant is to file a brief in response to the motion for class certification; (3) By February 23, 2015 at 5 p.m., the plaintiff may file a reply brief. Signed by Honorable Judge Myron H. Thompson on February 3, 2015. (scn, ) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
23

TEXT ORDER granting 21 Motion for Extension of Time to and including 03/03/2015. Signed by Honorable Judge Myron H. Thompson on February 4, 2015. (No PDF document attached to this entry.) (scn, ) Modified on 2/4/2015 to reset deadline pursuant to TEXT ORDER (scn, ). (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
24

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The City of Clanton. (Attachments: # 1 Affidavit Tinsley Affidavit with Attachments, # 2 Affidavit Ann Davis Affidavit with Attachments)(Kinney, Richard) (Entered: 02/06/2015)

1 Affidavit Tinsley Affidavit with Attachments

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2 Affidavit Ann Davis Affidavit with Attachments

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Feb. 6, 2015

Feb. 6, 2015

PACER
25

SECOND NOTICE of Non-Compliance re Attorney William M Dawson, Jr.. (Attachments: # 1 Standing ORDER, # 2 Attorney Renewal Form)(scn, ) (Entered: 02/10/2015)

1 Standing ORDER

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2 Attorney Renewal Form

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Feb. 10, 2015

Feb. 10, 2015

PACER
26

NOTICE by United States of America (Statement of Interest of the United States (Anderson, Robert) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
27

Corporate/Conflict Disclosure Statement by United States of America. (Anderson, Robert) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
28

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

RECAP
29

ORDER directing that, because of a scheduling conflict, it is ORDERED that plaintiff's motion for preliminary injunction (doc. no. 2 ) and motion for class certification (doc. no. 4 ) are reset for an evidentiary hearing on March 16, 2015, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on February 13, 2015. (Furnished to Calendar/AG)(Term'd: Hearing 02/24/2015)(scn, ) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
30

NOTICE of Appearance by Lee Hall Copeland on behalf of The City of Clanton (Copeland, Lee) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
31

NOTICE of Appearance by Shannon Lynn Holliday on behalf of The City of Clanton (Holliday, Shannon) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
32

BRIEF/MEMORANDUM in Opposition re 4 MOTION to Certify Class filed by The City of Clanton. (Attachments: # 1 Affidavit)(Holliday, Shannon) (Entered: 02/17/2015)

1 Affidavit

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Feb. 17, 2015

Feb. 17, 2015

RECAP
33

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 2/20/2015 (PDF available for court use only). (Recording Time 9:08 - 9:18.) (ag, ) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
35

TEXT ORDER RESETTING Evidentiary Hearing re: 2 MOTION for Preliminary Injunction and 4 MOTION to Certify Class from 3/16/2015 @ 10:00 am to 3/13/2015 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Courtroom 2FMJ, Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 2/20/15. Furnished to calendar group & AG. (NO PDF document attached to this notice).(djy, ). (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
34

REPLY to Response to Motion re 4 MOTION to Certify Class filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

RECAP
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Clanton. (Kinney, Richard) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

RECAP
37

(VACATED PURSUANT TO THE COURT'S 48 ORDER) ORDER directing that the motion to dismiss (doc. no. 36 ) is set for submission, without oral argument, on, April 9, 2015, with any opposition brief due by March 26, 2015, and any reply to the opposition due by April 9, 2015. Signed by Honorable Judge Myron H. Thompson on March 5, 2015. (scn, ) Modified on 3/27/2015 (kh, ). (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
38

SUGGESTION OF DEATH Upon the Record as to Christy Dawn Varden by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

RECAP
39

MOTION to Continue by The City of Clanton. (Kinney, Richard) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

RECAP
40

Supplement to the 39 MOTION to Continue Hearing, by The City of Clanton. (Attachments: # 1 Exhibit)(Kinney, Richard) Modified on 3/10/2015 to terminate erroneous motion, create relationship to 39 motion, and correct docket text pursuant to PDF document (scn, ). (Entered: 03/09/2015)

1 Exhibit

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March 9, 2015

March 9, 2015

PACER
41

RESPONSE in Opposition re 39 MOTION to Continue filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

RECAP
42

MOTION for Discovery [Expedited] by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

RECAP
43

RESPONSE to Motion re 42 MOTION for Discovery [Expedited] filed by The City of Clanton. (Kinney, Richard) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

RECAP
44

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/10/2015 (PDF available for court use only). (Recording Time 2:50 - 3:16.) (ag, ) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
45

ORDER directing that: (1) The motion to continue (doc. no. 39 ) is granted; (2) The hearing on the motions for preliminary injunction (doc. no. 2 ) and for class certification (doc. no. 4 ) previously set for March 13, 2015, is reset for April 17, 2015, at 10 a.m. in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (3) Should there be any changed circumstances before the hearing, each party shall, no later than five days before the hearing, file a brief with the court explaining those changes and the legal implications of said changes. Signed by Honorable Judge Myron H. Thompson on 03/11/2015. (Furnished to Calendar/AG) (scn, ) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
46

SUGGESTION OF DEATH Upon the Record by The City of Clanton. (Holliday, Shannon) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

RECAP
47

Consent MOTION for Extension of Time to File Response/Reply by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
48

ORDERED that: (1) The unopposed 47 motion for extension of time is granted. (2) The 37 submission order is vacated. (3) The 36 motion to dismiss is reset for submission, without oral argument, on May 11, 2015, with any opposition brief due by April 27, 2015, and any reply to the opposition due by May 11, 2015. Signed by Honorable Judge Myron H. Thompson on 3/27/2015. (kh, ) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
49

MOTION to Substitute Party by Peggy Jones. (Attachments: # 1 Exhibit Exhibit 1: Letters of Administration)(Karakatsanis, Alec) (Entered: 03/27/2015)

1 Exhibit Exhibit 1: Letters of Administration

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March 27, 2015

March 27, 2015

PACER
50

(STRICKEN AS ERRONEOUS DOCKET ENTRY ON 03/31/2015) MOTION for Protective Order by The City of Clanton. (Kinney, Richard) Modified on 3/31/2015 (scn, ). (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
51

MOTION for Protective Order unopposed by The City of Clanton. (Attachments: # 1 Exhibit)(Kinney, Richard) (Entered: 03/31/2015)

1 Exhibit

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March 31, 2015

March 31, 2015

PACER
52

NOTICE of FILING ERROR re 50 MOTION for Protective Order to reflect striking as erroneous docket entry. (scn, ) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
53

PROTECTIVE ORDER granting 51 Motion for Protective Order, as further set out. Signed by Honorable Judge Wallace Capel, Jr on March 31, 2015. (scn, ) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
54

ORDER directing that the motion to substitute plaintiff (doc. no. 49 ) is granted, and the plaintiff is given leave to file an amended complaint substituting the new plaintiff within seven days of this order, as further set out. Signed by Honorable Judge Myron H. Thompson on April 1, 2015. (scn, ) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

RECAP
55

AMENDED COMPLAINT against The City of Clanton, filed by Peggy Jones. (Attachments: # 1 Exhibit Exhibit 1)(Karakatsanis, Alec) (Entered: 04/03/2015)

1 Exhibit Exhibit 1

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April 3, 2015

April 3, 2015

PACER
56

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Peggy Jones. Corporate Disclosures due by 4/16/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 04/06/2015)

1 Standing ORDER and sample format

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April 6, 2015

April 6, 2015

PACER
57

Corporate/Conflict Disclosure Statement by Peggy Jones re 56 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (McGuire, Joseph) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
58

Joint MOTION to Continue Deadlines for Briefing and to Continue Preliminary Injunction and Class Certification Hearing by The City of Clanton, Peggy Jones, and Christy Dawn Varden. (Holliday, Shannon) Modified on 4/9/2015 to add joint filers pursuant to PDF document (scn, ). (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
59

RESPONSE in Opposition re 49 MOTION to Substitute Party filed by The City of Clanton. (Kinney, Richard) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

RECAP
60

REPLY to Response to Motion re 49 MOTION to Substitute Party filed by Peggy Jones. (Karakatsanis, Alec) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

RECAP
61

ORDER that: (1) The 58 Joint Motion to Continue is granted. (2) The hearing on the motions for preliminary injunction (doc. no. 2 ) and for class certification (doc. no. 4 ), previously set for 4/17/2015, is RESET for 5/18/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson, with the previously ordered briefing (see doc. no. 45 ) due five days before the new date. Signed by Honorable Judge Myron H. Thompson on 4/8/2015. Copies furnished to calendar group, AG. (dmn, ) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
62

ORDER: As the original complaint has been superseded by an amended complaint, it is ORDERED that the 36 Motion to Dismiss is denied with leave to renew within 21 days of the date of this order. Signed by Honorable Judge Myron H. Thompson on 4/8/2015. (dmn, ) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

RECAP
63

ORDER directing that the objection to motion for substitution (doc. no. 59 ) is overruled. Signed by Honorable Judge Myron H. Thompson on April 9, 2015. (scn, ) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER
64

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by The City of Clanton. (Attachments: # 1 Affidavit Exhibit 1)(Kinney, Richard) (Entered: 04/29/2015)

1 Affidavit Exhibit 1

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April 29, 2015

April 29, 2015

PACER
65

ORDER directing that the motion to dismiss (doc. no. 64 ) is set for oral argument on May 18, 2015, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, as further set out. Signed by Honorable Judge Myron H. Thompson on May 6, 2015. (Furnished to Calendar/AG) (scn, ) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
66

BRIEF/MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 4 MOTION to Certify Class SHOWING CHANGED CIRCUMSTANCES filed by The City of Clanton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Holliday, Shannon) (Entered: 05/11/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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May 11, 2015

May 11, 2015

PACER
67

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 5/13/2015 (PDF available for court use only). (Recording Time 3:37 - 3:41.) (ag, ) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
68

ORDER directing as follows: (1) All pending motions are denied without prejudice; (2) All deadlines are suspended and all hearings are cancelled; (3) An on-the-record status conference is set for June 3, 2015, at 10:00 a.m. Counsel for the parties are to arrange for the conference to be conducted by telephone. Signed by Honorable Judge Myron H. Thompson on May 14, 2015. (Furnished to Calendar/AG) (Term'd: Motion hearing 05/18/2015) (scn, ) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
69

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/3/2015 (PDF available for court use only). (Recording Time 10:13 - 10:23.) (ag, ) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
70

ORDER directing as follows: (1) Another on-the-record status conference is set for July 1, 2015, at 10:00 a.m., as further set out; (2) On or before June 29, 2015, the parties are to file their settlement papers, as further set out. Signed by Honorable Judge Myron H. Thompson on June 4, 2015. (Furnished to Calendar/AG)(scn, ) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
71

NOTICE of Settlement, by Peggy Jones and The City of Clanton re 70 Order. (Attachments: # 1 Exhibit 1 to Ex A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit A to Ex 3, # 6 Exhibit 1 to Ex A)(McGuire, Joseph) Modified on 6/30/2015 to clarify text and add joint filer pursuant to PDF document (scn, ). (Entered: 06/29/2015)

1 Exhibit 1 to Ex A

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit A to Ex 3

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6 Exhibit 1 to Ex A

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June 29, 2015

June 29, 2015

PACER
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Joint MOTION for Entry of Final Judgment as to All Matters Excluding Attorney's Fees by Peggy Jones and The City of Clanton. (Attachments: # 1 Exhibit A, # 2 Exhibit 1 to Ex. A)(McGuire, Joseph) Modified on 7/1/2015 to add joint filer and clarify text pursuant to PDF document (scn, ). (Entered: 07/01/2015)

1 Exhibit A

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2 Exhibit 1 to Ex. A

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July 1, 2015

July 1, 2015

PACER
73

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/1/2015 (PDF available for court use only). (Recording Time 10:10 - 10:23.) (ag, ) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
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NOTICE by Peggy Jones of New Authority (Attachments: # 1 Exhibit Exhibit 1: Dothan TRO, # 2 Exhibit Exhibit 2: Velda City Judgment)(Karakatsanis, Alec) (Entered: 07/20/2015)

1 Exhibit Exhibit 1: Dothan TRO

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2 Exhibit Exhibit 2: Velda City Judgment

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July 20, 2015

July 20, 2015

PACER
75

NOTICE OF ONLINE CITATIONS. (wcl, ) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

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OPINION. Signed by Honorable Judge Myron H. Thompson on 9/14/2015. (wcl, ) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follow: (1) The parties' 72 joint motion for entry of final judgment is granted; (2) The parties' 72 settlement agreement is adopted as the order of the court; (3) As expressly requested by the parties in their 72 joint motion for entry of final judgment at 2, the following facial declaration is adopted and entered by the court, as further set out in the judgment; (4) The parties are to comply with all terms of the 72 settlement agreement for the period set out in the agreement; (5) Plf's claims are dismissed with prejudice but with two exceptions: the court retains jurisdiction (a) to enforce the 72 settlement agreement for the period set out in the agreement and (b) to resolve the matter of attorney's fees; (6) Plf Peggy Jones is allowed 42 days from today's date to file a motion for attorney's fees, costs, and expenses. The court will enter a briefing schedule after the motion is filed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/14/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 09/14/2015)

1 Civil Appeals Checklist

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Sept. 14, 2015

Sept. 14, 2015

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 15, 2015

Closing Date: Sept. 14, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arrestee jailed for inability to pay automatically set bail amount

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Clanton (Clanton), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Excessive bail/fines

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2018

Issues

General:

Access to lawyers or judicial system

Courts

Disparate Impact

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Poverty/homelessness