Case: Bell v. City of Boise

1:09-cv-00540 | U.S. District Court for the District of Idaho

Filed Date: Oct. 22, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 22, 2009, homeless individuals represented by Idaho Legal Services and the National Center on Homelessness and Poverty filed this complaint in the U.S. District Court for the District of Idaho against the City of Boise. The plaintiffs had been cited under a pair of Boise municipal ordinances that made it illegal to sleep or camp in public parks and other public areas, despite the lack of available beds at the city's shelters. The complaint alleged that criminalizing homelessness in t…

On October 22, 2009, homeless individuals represented by Idaho Legal Services and the National Center on Homelessness and Poverty filed this complaint in the U.S. District Court for the District of Idaho against the City of Boise. The plaintiffs had been cited under a pair of Boise municipal ordinances that made it illegal to sleep or camp in public parks and other public areas, despite the lack of available beds at the city's shelters. The complaint alleged that criminalizing homelessness in this manner constituted cruel and unusual punishment under the Eighth Amendment and a violation of the plaintiffs' due process rights under the Fourteenth Amendment. The plaintiffs sought an injunction against the enforcement of the ordinances, damages under federal civil rights law, and declaratory and injunctive relief voiding the plaintiffs' prior citations and holding the ordinances unconstitutional.

The city sought and won a motion for summary judgment, entered by Magistrate Judge Ronald Bush on July 6, 2011. 834 F. Supp.2d 1103. Judge Bush held that the plaintiffs had not demonstrated that the ordinance criminalized homelessness. In addition, the court said that the claims had been mooted by subsequent clarifications of enforcement protocols by the Boise police and an amendment to the ordinance that provided a more precise definition of "camping."

The plaintiffs appealed, and the case was reversed and remanded by the Ninth Circuit on March 7, 2013. 709 F.3d 890. In an opinion issued by a panel consisting of Judges Susan Black, Susan Graber, and Johnnie Rawlinson, the court determined that the plaintiffs' claims for backward-looking relief were not jurisdictionally barred since they did not seek relief from the state court itself. The court further held the plaintiffs' claims for prospective relief had not been mooted by the defendants' new "voluntary conduct" in the form of protocols and amendments for the enforcement of the ordinances.

On remand, the defendant filed for summary judgment again on August 15, 2013. The district court issued an opinion on January 27 2014, granting the the motion for summary judgment as to the damages claims because the plaintiffs had not yet had their convictions overturned via direct appeal. At the court's direction, the plaintiffs filed an amended complaint omitting the damages claims, with the request for prospective injunctive and declaratory judgment as the only surviving claim.

The defendant filed a motion to dismiss on December 31, 2014, asserting that the plaintiffs could no longer bring their claims because some plaintiffs could not be located by counsel and others had no active disputes with the defendants. The plaintiffs filed for summary judgment on April 30, 2015. On July 6, 2015, the United States filed a statement of interest, detailing its support of the plaintiffs' position, arguing that the court must consider whether it was possible for homeless residents like the plaintiffs to conform their conduct to the ordinances when shelters were full.

On September 28, 2015, Judge Bush issued an opinion again dismissing the suit in its entirety. 2015 WL 5708586. The opinion held that the plaintiffs lacked standing to challenge the ordinances because the defendants had further amended the ordinances to make exceptions for circumstances where shelters were full, mooting the plaintiffs claims.

The plaintiffs appealed again to the Ninth Circuit on October 29, 2015 (15-35845). On September 4, 2018, a three-judge panel of the Ninth Circuit of Judges Marsha Berzon, Paul Watford, and John Owens reversed. 902 F.3d 1031. The Ninth Circuit held the Eighth Amendment prohibited Boise from enforcing the ordinances against homeless residents forced to sleep outside by a lack of shelter space. The court also held that two of the plaintiffs in the suit had shown they could be eligible for retrospective injunctive relief that could vacate their previous citations, and injunctive relief banning future enforcement of the ordinances. The case was remanded again to the District Court.

The defendants filed a motion for rehearing en banc by the full Ninth Circuit Court of Appeals, but the court denied this motion on April 1, 2019. Subsequent to the denial, the defendants filed a petition for a writ of certiorari in the U.S. Supreme Court. The court denied that petition on December 16, 2019. 920 F.3d 584.

After the denial of cert, litigation resumed in the district court on the remaining issues in the case. The plaintiffs filed a third amended complaint on March 10, 2020. The remaining claim was an Eighth Amendment violation for penalizing plaintiffs based on their homeless status. They sought injunctive relief enjoining defendants from enforcing Boise Municipal Code §§ 5-2-3(A) and 7-3A-2(A), declarative relief, damages, and attorneys' fees. As of May 20, 2020, this case remains ongoing.

Summary Authors

Sarah Prout (8/25/2015)

Nathaniel Flack (11/6/2018)

Alex Moody (5/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4247338/parties/martin-v-city-of-boise-idaho/


Judge(s)

Berzon, Marsha Siegel (California)

Black, Susan Harrell (Florida)

Boyle, Larry M. (Idaho)

Bush, Ronald E. (Idaho)

Owens, John Byron (California)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Ahmad, Aziz (District of Columbia)

Ahmed, Aziz (District of Columbia)

Belodoff, Howard A. (Idaho)

Bendor, Catherine (District of Columbia)

Judge(s)

Berzon, Marsha Siegel (California)

Black, Susan Harrell (Florida)

Boyle, Larry M. (Idaho)

Bush, Ronald E. (Idaho)

Owens, John Byron (California)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Ahmad, Aziz (District of Columbia)

Ahmed, Aziz (District of Columbia)

Belodoff, Howard A. (Idaho)

Bendor, Catherine (District of Columbia)

Bern, Michael E (District of Columbia)

Cheng, Katherine Marie (District of Columbia)

Copeland, Kysta (District of Columbia)

Donley, Greer B. (District of Columbia)

Gardner, Allen M. (District of Columbia)

Johnson, Heather (District of Columbia)

Jones, Scott (District of Columbia)

Levy, Daniel (District of Columbia)

Maltas, Allyson (District of Columbia)

O'Malley, Kristi (District of Columbia)

Ozdeger, Talin (District of Columbia)

Rosen, Jeremy N. (District of Columbia)

Scheffler, Kristen (District of Columbia)

Stark, Jared (District of Columbia)

Sullivan, Marguerite M. (Virginia)

Tars, Eric S. (District of Columbia)

Valentine, Rebecca (District of Columbia)

Attorneys(s) for Defendant

Bilyeu, Valencia J. (Idaho)

Fleming, Kelley (Idaho)

Hall, Brady James (Idaho)

Moore, Michael W. (Idaho)

Muir, Scott (Idaho)

Other Attorney(s)

Bains, Chiraag (District of Columbia)

Brett, Sharon (District of Columbia)

Bullock, Robert B. (District of Columbia)

Foster, Lisa A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Jweied, Maha (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Olson, Wendy (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Expert/Monitor/Master

Cunningham, Karen (District of Columbia)

Documents in the Clearinghouse

Document

1:09-cv-00540

Docket [PACER]

Martin v. City of Boise, Idaho

May 26, 2020

May 26, 2020

Docket
1

1:09-cv-00540

Complaint for Injunctive and Declaratory Relief and Monetary Damages

Oct. 22, 2009

Oct. 22, 2009

Complaint
115

1:09-cv-00540

Memorandum Decision and Order

834 F.Supp.2d 1103

July 6, 2011

July 6, 2011

Order/Opinion
122

1:09-cv-00540

11-35674

Opinion [Appellate decision reversing and remanding order for summary disposition]

Boise v. City of Idaho

U. S. Court of Appeals for the Ninth Circuit

709 F.3d 890

March 7, 2013

March 7, 2013

Order/Opinion
154

1:09-cv-00540

Memorandum Decision and Order on Defendants' Second Motion for Summary Judgment

Jan. 27, 2014

Jan. 27, 2014

Order/Opinion
170

1:09-cv-00540

Memorandum Decision and Order on Defendants' Motion to Strike and Dismiss Portions of the Second Amended Complaint

July 16, 2014

July 16, 2014

Order/Opinion
171

1:09-cv-00540

Revised Second Amended Complaint for Injunctive and Declaratory Relief

Boise v. City of Idaho

July 31, 2014

July 31, 2014

Complaint
195

1:09-cv-00540

Order [protective order]

Bell v. City of Boise

Jan. 6, 2015

Jan. 6, 2015

Order/Opinion
243

1:09-cv-00540

Plaintiff's Motion for Summary Judgment

April 30, 2015

April 30, 2015

Pleading / Motion / Brief
276

1:09-cv-00540

Statement of Interest of the United States

July 6, 2015

July 6, 2015

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4247338/martin-v-city-of-boise-idaho/

Last updated Aug. 7, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Boise, Idaho, Boise Police Department, Michael Masterson ( Filing fee $ 350 receipt number 0976-532029.), filed by Janet F. Bell, Ronald Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Pamela Hawkes, Craig Fox. (Attachments: # (1) Summons, # (2) Cover Sheet)(Belodoff, Howard)

1 Summons

View on PACER

2 Cover Sheet

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Oct. 22, 2009

Oct. 22, 2009

RECAP
2

Summons Issued as to Boise Police Department, City of Boise, Idaho, Michael Masterson. (Print attached Summons for service.) (jm)

Oct. 23, 2009

Oct. 23, 2009

PACER
3

SUMMONS Returned Executed by Robert Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Janet F. Bell, Pamela Hawkes, Craig Fox. Boise Police Department served on 10/30/2009, answer due 11/19/2009; City of Boise, Idaho served on 10/30/2009, answer due 11/19/2009. (Belodoff, Howard)

Nov. 2, 2009

Nov. 2, 2009

PACER
4

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Tulin Ozdeger. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)

Nov. 6, 2009

Nov. 6, 2009

PACER
5

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Catherine Bendor. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)

Nov. 6, 2009

Nov. 6, 2009

PACER
6

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Marguerite M Sullivan. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)

Nov. 6, 2009

Nov. 6, 2009

PACER
7

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Kristi N O'Malley. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)

Nov. 6, 2009

Nov. 6, 2009

PACER
8

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Heather Maria Johnson. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)

Nov. 6, 2009

Nov. 6, 2009

PACER
9

MOTION to Waive Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Attachments: # (1) Affidavit Howard Belodoff in Support of Motion to Waive Fees)(Belodoff, Howard)

1 Affidavit Howard Belodoff in Support of Motion to Waive Fees

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Nov. 6, 2009

Nov. 6, 2009

PACER
10

SUMMONS Returned Executed by Robert Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Janet F. Bell, Pamela Hawkes, Craig Fox. Michael Masterson served on 11/6/2009, answer due 11/27/2009. (Belodoff, Howard)

Nov. 16, 2009

Nov. 16, 2009

PACER
11

Defendants' ANSWER to [1] Complaint, by Boise Police Department, City of Boise, Idaho, Michael Masterson.(Muir, Scott)

Nov. 19, 2009

Nov. 19, 2009

PACER
12

DOCKET ENTRY ORDER - Finding good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED THAT the Motions for Admission pro hac vice [4] [5] [6] [7] and [8] are GRANTED. IT IS FURTHER ORDERED THAT the Motion to Waive pro hac vice fees for Latham & Watkins and the NLCHP [9] is DENIED. Signed by Judge B. Lynn Winmill. (sbh)

Nov. 20, 2009

Nov. 20, 2009

PACER
13

NOTICE of Hearing: Telephonic Scheduling Conference set for 12/17/2009 04:00 PM before Judge B. Lynn Winmill. (Attachments: # (1) Litigation Plan Letter, # (2) Litigation Plan)(jlg)

1 Litigation Plan Letter

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2 Litigation Plan

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Nov. 20, 2009

Nov. 20, 2009

PACER
14

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Robert Anderson, Janet F. Bell, Boise Police Department, Brian S. Carson, City of Boise, Idaho, Craig Fox, Pamela Hawkes, Robert Martin, Michael Masterson, Lawerence Lee Smith re [11] Answer to Complaint, [1] Complaint, Consent/Objection to Magistrate due by 1/22/2010. (jm)

Nov. 20, 2009

Nov. 20, 2009

PACER
15

CONSENT filed. (jm)

Nov. 30, 2009

Nov. 30, 2009

PACER

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Ronald E Bush for all further proceedings. Judge B. Lynn Winmill no longer assigned to case. Please use this case number on all future pleadings, CIV 09-540-S-REB (jm)

Dec. 1, 2009

Dec. 1, 2009

PACER
16

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(jm)

Dec. 1, 2009

Dec. 1, 2009

PACER
17

DOCKET TEXT AMENDED NOTICE of Hearing: The Court will maintain the TSC previously set for this date and time. However, Plaintiff's counsel shall now initiate the Conference Call to Judge Bush's Chambers at (208) 334-1495. Counsel shall prepare the attached Litigation Plan which is due no later than DECEMBER 14, 2009. The Telephonic Scheduling Conference set for 12/17/2009 04:00 PM (MTN. TIME) in Boise, ID before Judge Ronald E Bush. Should you need assistance, please call Lynette Case, Deputy Clerk for Judge Bush, at (208) 334-9023.(lc)

Dec. 1, 2009

Dec. 1, 2009

PACER
18

MOTION for Reconsideration re [12] Order, Denial Of Motion for Waiver of Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 12/28/2009 (Belodoff, Howard)

Dec. 1, 2009

Dec. 1, 2009

PACER
19

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. (Belodoff, Howard)

Dec. 4, 2009

Dec. 4, 2009

PACER
20

DOCKET ENTRY ORDER granting [18] Motion for Reconsideration (Docket No. 18). Pending before the Court is Plaintiffs' Motion for Reconsideration of Denial of Motion for Waiver of Pro Hac Vice Fees (Docket No. 18). The Motion for Reconsideration clarifies that Plaintiffs' counsel are acting in a pro bono capacity. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion (Docket No. 18) is GRANTED. All pro bono counsel whose pro hac vice applications have been approved shall be entitled to have the pro hac vice fee waived. This includes: Tulin Ozdeger, Catherine Bendor, Marguerite Sullivan, Kristi O'Malley, and Heather Maria Johnson. The Order at Docket No. 12 is VACATED to the extent it is inconsistent with this order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)

Dec. 9, 2009

Dec. 9, 2009

PACER
21

DOCKET TEXT AMENDED NOTICE of Hearing: Telephonic Scheduling Conference set for 12/21/2009 02:00 PM (MTN. TIME) in Pocatello, ID before Judge Ronald E Bush. The Clerk shall initiate the Call to all parties on Monday.(lc)

Dec. 17, 2009

Dec. 17, 2009

PACER
22

Minute Entry for proceedings held before Judge Ronald E Bush: Scheduling Conference held on 12/21/2009, (5-day Jury Trial set for 1/10/2011 09:00 AM in Boise, ID before Judge Ronald E Bush.). (Court Reporter/ESR Vicki Jones.) (lc)

Dec. 21, 2009

Dec. 21, 2009

PACER

Set Deadlines/Hearings: Judicially Supervised Settlement Conference shall be held by 5/31/2010. (jm)

Dec. 22, 2009

Dec. 22, 2009

PACER
23

CASE MANAGEMENT ORDER Scheduling conference held 12/21/09. ( Amended Pleadings due by 4/30/2010, Discovery due by 8/31/2010, Joinder of Parties due by 4/30/2010., Dispositive Motions due by 9/30/2010, Jury Trial set for 1/10/2011 09:00 AM in Boise, ID before Judge Ronald E Bush.) This matter is referred to Magistrate Judge Larry M. Boyle for the purpose of conducting both a voluntary case management conference and the settlement conference. Thevoluntary case management conference shall be held by 3/31/10 and the settlementconference by 5/31/10. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

Dec. 22, 2009

Dec. 22, 2009

PACER
24

VOLUNTARY CASE MANAGEMENT CONFERENCE SCHEDULING ORDER (VCMC Hearing set for 2/5/2010 01:00 PM in Boise, ID before Judge Larry M. Boyle.). Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

Jan. 4, 2010

Jan. 4, 2010

PACER
25

DOCKET TEXT ORDER - Pursuant to discussion with counsel, the Voluntary Case Management Conference set for 2/5/2010 is hereby VACATED. Counsel will contact Judge Boyle's law clerk at 334-9010 on or before February 10, 2010 to reschedule conference date. Signed by Judge Larry M. Boyle. (md)

Jan. 12, 2010

Jan. 12, 2010

PACER
26

DOCKET ENTRY ORDER re [25] Order, Counsel shall have until February 17, 2010, to contact Judge Boyle's law clerk, Merritt Dublin, to reschedule the Voluntary Case Management Conference date. Signed by Judge Larry M. Boyle. (bk)

Feb. 9, 2010

Feb. 9, 2010

PACER

Set Deadlines/Hearings: VCMC Hearing set for 3/22/2010 01:30 PM in Boise, ID before Judge Larry M. Boyle. (jm)

Feb. 18, 2010

Feb. 18, 2010

PACER
27

VOLUNTARY CASE MANAGEMENT CONFERENCE SCHEDULING ORDER (VCMC Hearing set for 3/22/2010 01:30 PM in Boise, ID before Judge Larry M Boyle). Signed by Judge Larry M.Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) Modified on 2/19/2010 to correct the entry to reflect the correct Judge (jm).

Feb. 18, 2010

Feb. 18, 2010

PACER
28

DOCKET TEXT Minute Entry for proceedings held before Judge Larry M. Boyle: VCMC Conference held on 3/22/2010. Appearances by Howard Belodoff and Heather Johnson(appearing by telephone as well as Karen Cunningham by telephone) as counsel for Plaintiff, Scott Muir and Valencia Bilyeu as counsel for defense. The Court and counsel discussed how best to proceed with this case. (Court Reporter/ESR not recorded.) (so)

March 22, 2010

March 22, 2010

PACER
29

MOTION to Waive Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)

March 31, 2010

March 31, 2010

PACER
30

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Karen E Cunningham. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)

March 31, 2010

March 31, 2010

PACER
31

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Kirstin M Scheffler. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)

March 31, 2010

March 31, 2010

PACER
32

DOCKET ENTRY ORDER- Finding good cause therefore, IT IS HEREBY ORDERED that the Motions for Admission pro hac vice (Docket Nos. [30] and [31]) and the Motion to Waive pro hac vice fees (Docket No.[29]) are GRANTED. Per General Order 206, out-of-state counsel shall immediately register for ECF. Signed by Judge Ronald E Bush.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)

April 2, 2010

April 2, 2010

PACER
33

DOCKET ENTRY ORDER Re Correspondence with Court: Communication with the Court is governed by Local Rule 77.4. Correspondence, email, and telephone calls for the purpose of notifying the Court of something are permissible; however, such communication should not be used as a substitute for seeking relief on a matter more properly brought as a motion. Signed by Judge Ronald E Bush. (kp)

April 5, 2010

April 5, 2010

PACER
34

MOTION to Withdraw as Attorney Catherine Bendor Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 5/24/2010 (Belodoff, Howard)

April 30, 2010

April 30, 2010

PACER
35

MOTION for Extension of Time to File Join Parties Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 5/24/2010 (Belodoff, Howard)

April 30, 2010

April 30, 2010

PACER
36

AFFIDAVIT in Support by Heather Johnson re [35] MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. (Attachments: # (1) Exhibit)(Belodoff, Howard)

1 Exhibit

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April 30, 2010

April 30, 2010

PACER
37

MEMORANDUM in Support re [35] MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith.(Belodoff, Howard)

April 30, 2010

April 30, 2010

PACER

NOTICE TO COURT that counsel Catherine Bendor wishes to no longer be noticed electronically on this case as of the date of this notice. (jm) (as per atty Ozdeger by telephone)

May 3, 2010

May 3, 2010

PACER

Set/Reset Deadlines as to 35 MOTION for Extension of Time to File Join Parties. Responses due by 5/17/2010 Replies due by 5/21/2010. (jm)

May 7, 2010

May 7, 2010

PACER
38

DOCKET ENTRY ORDER shortening time for Defendants to respond to Plaintiffs' Motion for Extension of Time to Join Parties (Docket No. 35). Defendants must file an opposition, if any, on or before May 17, 2010. Plaintiffs may then file a reply, if any, on or before May 21, 2010. Signed by Judge Ronald E Bush. (kp)

May 7, 2010

May 7, 2010

PACER
39

DOCKET ENTRY ORDER granting unopposed [34] Motion to Withdraw Counsel. Attorney Catherine Bendor will soon be leaving her position with the National Law Center on Homelessness and Poverty. Plaintiffs have two other attorneys from the National Law Center on Homelessness and Poverty and have a total of seven attorneys of record representing each of their interests. Accordingly, the unopposed Motion to Withdraw Counsel (Docket No. 34) is granted. Attorney Catherine A Bendor terminated. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)

May 7, 2010

May 7, 2010

PACER
40

NOTICE of Appearance by Valencia J Bilyeu on behalf of Boise Police Department, City of Boise, Idaho, Michael Masterson (Bilyeu, Valencia)

May 13, 2010

May 13, 2010

PACER
41

MOTION to Compel or in the Alternative to Dismiss Plaintiffs Fox and Carson Valencia J Bilyeu appearing for Defendants Boise Police Department, City of Boise, Idaho, Michael Masterson. Responses due by 6/7/2010 (Attachments: # (1) Affidavit of Valencia Bilyeu, # (2) Exhibit 1 to Affidavit, # (3) Exhibit 2 to Affidavit, # (4) Exhibit 3 to Affidavit, # (5) Exhibit 4 to Affidavit, # (6) Exhibit 5 to Affidavit, # (7) Exhibit 6 to Affidavit, # (8) Exhibit 7 to Affidavit, # (9) Exhibit 8 to Affidavit, # (10) Exhibit 9 to Affidavit, # (11) Exhibit 10 to Affidavit, # (12) Memorandum in Support)(Bilyeu, Valencia) Modified on 5/14/2010 to add second part of motion into docket text(cjm).

1 Affidavit of Valencia Bilyeu

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2 Exhibit 1 to Affidavit

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3 Exhibit 2 to Affidavit

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4 Exhibit 3 to Affidavit

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5 Exhibit 4 to Affidavit

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6 Exhibit 5 to Affidavit

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7 Exhibit 6 to Affidavit

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8 Exhibit 7 to Affidavit

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9 Exhibit 8 to Affidavit

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10 Exhibit 9 to Affidavit

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11 Exhibit 10 to Affidavit

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12 Memorandum in Support

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May 13, 2010

May 13, 2010

PACER
42

RESPONSE to Motion re [35] MOTION for Extension of Time to File Join Parties filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Replies due by 6/4/2010. (Attachments: # (1) Affidavit Scott Muir)(Muir, Scott)

1 Affidavit Scott Muir

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May 17, 2010

May 17, 2010

PACER
43

AFFIDAVIT in Support by Howard Belodoff re [35] MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith.(Belodoff, Howard)

May 21, 2010

May 21, 2010

PACER
44

REPLY to Response to Motion re [35] MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith.(Belodoff, Howard)

May 21, 2010

May 21, 2010

PACER
45

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO JOIN PARTIES, granting [35] Motion for Extension of Time to File. The deadline to join parties is hereby extended to 6/28/2010. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

June 4, 2010

June 4, 2010

PACER
46

MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 7/1/2010 (Belodoff, Howard)

June 7, 2010

June 7, 2010

PACER
47

RESPONSE to Motion re [41] MOTION to Compel, [46] MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Replies due by 6/24/2010. (Attachments: # (1) Affidavit)(Belodoff, Howard)

1 Affidavit

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June 7, 2010

June 7, 2010

PACER
48

Expedited MOTION to Compel Kristi N O'Malley appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 7/19/2010 (Attachments: # (1) Memorandum in Support, # (2) Affidavit of Heather M. Johnson, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L)(O'Malley, Kristi)

1 Memorandum in Support

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2 Affidavit of Heather M. Johnson

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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June 23, 2010

June 23, 2010

PACER
49

REPLY to Response to Motion re [41] MOTION to Compel or in the Alternative to Dismiss filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. (Attachments: # (1) Affidavit of Valencia Bilyeu, # (2) Exhibit #10 to Affidavit, # (3) Exhibit #11 to Affidavit)(Bilyeu, Valencia)

1 Affidavit of Valencia Bilyeu

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2 Exhibit #10 to Affidavit

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3 Exhibit #11 to Affidavit

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June 24, 2010

June 24, 2010

PACER

Reset Deadlines as to 48 Expedited MOTION to Compel. Responses due by 7/7/2010 Replies due by 7/9/2010. (jm)

June 25, 2010

June 25, 2010

PACER
50

Consent MOTION for Protective Order Regarding Confidential Information Kristi N O'Malley appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 7/19/2010 (Attachments: # (1) Proposed Protective Order)(O'Malley, Kristi)

1 Proposed Protective Order

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June 25, 2010

June 25, 2010

PACER
51

DOCKET ENTRY ORDER setting expedited briefing schedule on Plaintiffs' Motion to Compel (Docket No. 48), filed June 23, 2010. Given what appears to be a discrete dispute and considering the discovery deadline set forth in the Case Management Order (Docket No. 23), the Court finds expedited treatment appropriate. Accordingly, Defendants' response to the Motion to Compel is due on or before July 7, 2010, and Plaintiffs' reply, if any, is due on or before July 9, 2010. If the parties feel that they need more time to provide the Court with the information necessary to make a fully-informed decision, then they should indicate so in their briefing. Signed by Judge Ronald E Bush. (kp)

June 25, 2010

June 25, 2010

PACER
52

MOTION for Entry of Addendum to Protective Order Kristi N O'Malley appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 7/19/2010 (Attachments: # (1) Affidavit of Heather M. Johnson, # (2) Exhibit 1, # (3) Exhibit 2)(O'Malley, Kristi)

1 Affidavit of Heather M. Johnson

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2 Exhibit 1

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3 Exhibit 2

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June 25, 2010

June 25, 2010

PACER

CORRECTIVE ENTRY - The entry document number 50 Consent MOTION for Protective Order Regarding Confidential Information filed by Plaintiffs in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box only and not as attachments. The filing party shall re-submit their proposed order.(jm)

June 28, 2010

June 28, 2010

PACER
53

AMENDED COMPLAINT against Boise Police Department, City of Boise, Idaho, Michael Masterson, filed by Robert Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Janet F. Bell, Pamela Hawkes, Craig Fox, Jonathan Leigh Milller, Kirk Ross, Basil E. Humphrey, James M. Godfrey.(O'Malley, Kristi)

June 28, 2010

June 28, 2010

RECAP
54

MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel Kristi N O'Malley appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 7/26/2010 (Attachments: # (1) Proposed Sur-reply, # (2) Affidavit of Howard A. Belodoff)(O'Malley, Kristi)

1 Proposed Sur-reply

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2 Affidavit of Howard A. Belodoff

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July 1, 2010

July 1, 2010

PACER
55

RESPONSE to Motion re [48] Expedited MOTION to Compel filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Replies due by 7/26/2010. (Attachments: # (1) Affidavit Caroline Tangen, # (2) Affidavit Debbie G. Allen, # (3) Affidavit Scott B. Muir)(Muir, Scott)

1 Affidavit Caroline Tangen

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2 Affidavit Debbie G. Allen

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3 Affidavit Scott B. Muir

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July 7, 2010

July 7, 2010

PACER
56

SUPPLEMENT by Defendants Boise Police Department, City of Boise, Idaho, Michael Masterson re [55] Response to Motion,. (Bilyeu, Valencia) Modified on 7/9/2010 to reflect lodged CD placed on shelf in the Clerk's office (cjm).

July 8, 2010

July 8, 2010

PACER
57

Defendants' ANSWER to [53] Amended Complaint, by Boise Police Department, City of Boise, Idaho, Michael Masterson.(Bilyeu, Valencia)

July 9, 2010

July 9, 2010

PACER
58

REPLY to Response to Motion re [48] Expedited MOTION to Compel filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Kirk Ross, Lawerence Lee Smith.(Belodoff, Howard)

July 9, 2010

July 9, 2010

PACER
59

DOCKET TEXT NOTICE of Hearing on Motion [41] MOTION to Compel, [50] Consent MOTION for Protective Order Regarding Confidential Information, [46] MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw, [48] Expedited MOTION to Compel, [52] MOTION for Entry of Addendum to Protective Order, [54] MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel : Motion Hearing is set for 8/4/2010 09:30 AM (Mountain Time)in Boise, ID before Judge Ronald E Bush, 5th Floor, Courtroom #7. Local Counsel shall be present for all hearings in this matter.(lc)

July 14, 2010

July 14, 2010

PACER
60

RESPONSE to Motion re [54] MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Replies due by 8/2/2010.(Muir, Scott)

July 16, 2010

July 16, 2010

PACER
61

RESPONSE to Motion re [52] MOTION for Entry of Addendum to Protective Order filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Replies due by 8/5/2010.(Bilyeu, Valencia)

July 19, 2010

July 19, 2010

PACER
62

REPLY to Response to Motion re [54] MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith.(Belodoff, Howard)

Aug. 2, 2010

Aug. 2, 2010

PACER
63

REPLY to Response to Motion re [52] MOTION for Entry of Addendum to Protective Order filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith.(Belodoff, Howard)

Aug. 3, 2010

Aug. 3, 2010

PACER
64

Minute Entry for proceedings held before Judge Ronald E Bush: Motion Hearing held on 8/4/2010 re [48] Expedited MOTION to Compel filed by Lawerence Lee Smith, Robert Martin, Robert Anderson, Pamela Hawkes, Brian S. Carson, Janet F. Bell, Craig Fox, [54] MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel filed by Robert Martin, James M. Godfrey, Pamela Hawkes, Janet F. Bell, Basil E. Humphrey, Lawerence Lee Smith, Robert Anderson, Kirk Ross, Brian S. Carson, Jonathan Leigh Milller, Craig Fox, [52] MOTION for Entry of Addendum to Protective Order filed by Robert Martin, Pamela Hawkes, Janet F. Bell, Lawerence Lee Smith, Robert Anderson, Brian S. Carson, Craig Fox, [41] MOTION to Compel filed by Boise Police Department, City of Boise, Idaho, Michael Masterson, [46] MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw filed by Robert Martin, Pamela Hawkes, Janet F. Bell, Lawerence Lee Smith, Robert Anderson, Brian S. Carson, Craig Fox, Motions terminated: [46] MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw filed by Robert Martin, Pamela Hawkes, Janet F. Bell, Lawerence Lee Smith, Robert Anderson, Brian S. Carson, Craig Fox, [52] MOTION for Entry of Addendum to Protective Order filed by Robert Martin, Pamela Hawkes, Janet F. Bell, Lawerence Lee Smith, Robert Anderson, Brian S. Carson, Craig Fox, [54] MOTION for Leave to File Sur-reply in Opposition to Defendant's Motion to Compel filed by Robert Martin, James M. Godfrey, Pamela Hawkes, Janet F. Bell, Basil E. Humphrey, Lawerence Lee Smith, Robert Anderson, Kirk Ross, Jonathan Leigh Milller, Brian S. Carson, Craig Fox, [48] Expedited MOTION to Compel filed by Robert Martin, Pamela Hawkes, Janet F. Bell, Lawerence Lee Smith, Robert Anderson, Brian S. Carson, Craig Fox, [41] MOTION to Compel filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Motions either Granted or Granted in part. (Court Reporter/ESR Trinidad Diaz.) (lc)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT

Aug. 4, 2010

Aug. 4, 2010

PACER
65

SEALED RESPONSE to Motion re [48] Expedited MOTION to Compel Additional Briefing filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. Replies due by 8/26/2010. (Attachments: # (1) Sealed, # (2) Sealed, # (3) Sealed, # (4) Sealed, # (5) Sealed, # (6) Sealed, # (7) Sealed)(Bilyeu, Valencia)

Aug. 9, 2010

Aug. 9, 2010

PACER
66

Consent MOTION to Withdraw as Attorney for Jonathan Leigh Miller Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 9/24/2010 (Belodoff, Howard)

Aug. 31, 2010

Aug. 31, 2010

PACER
67

Consent MOTION to Withdraw as Attorney for Kirk Ross Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 9/24/2010 (Belodoff, Howard)

Aug. 31, 2010

Aug. 31, 2010

PACER
68

Consent MOTION for Extension of Time to Complete Discovery from Lawerence Lee Smith Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 9/24/2010 (Belodoff, Howard)

Aug. 31, 2010

Aug. 31, 2010

PACER
69

DOCKET ENTRY ORDER granting Plaintiffs' unopposed [68] Motion for Extension of Time to Complete Discovery (Docket No. 68). Plaintiffs' counsel seeks an additional two weeks to serve Defendants' counsel with signed interrogatory responses for Plaintiff Lawrence Lee Smith. For good cause, the motion is granted and the deadline to serve verified interrogatory responses is hereby extended to September 14, 2010. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)

Sept. 3, 2010

Sept. 3, 2010

PACER
70

ORDER RE: MOTION TO WITHDRAW FROM REPRESENTATION OF PLAINTIFF CRAIG FOX, re [46] MOTION to Withdraw [41] MOTION to Compel Unopposed Motion to Withdraw filed by Lawerence Lee Smith, Robert Martin, Robert Anderson, Pamela Hawkes, Brian S. Carson, Janet F. Bell, Craig Fox. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Sept. 3, 2010

Sept. 3, 2010

PACER
71

ORDER RE: MOTION TO WITHDRAW FROM REPRESENTATION OF PLAINTIFF JONATHON LEIGH MILLER, granting [66] Motion to Withdraw as Attorney. Attorney Howard A Belodoff and Kristi N O'Malley terminated. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Sept. 3, 2010

Sept. 3, 2010

PACER
72

ORDER RE: MOTION TO WITHDRAW FROM REPRESENTATION OF PLAINTIFF KIRK ROSS, granting [67] Motion to Withdraw as Attorney. Attorney Howard A Belodoff and Kristi N O'Malley terminated. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Sept. 3, 2010

Sept. 3, 2010

PACER
73

PROTECTIVE ORDER re [50] Motion for Protective Order. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Sept. 7, 2010

Sept. 7, 2010

PACER
74

RETURN MAIL undelivered as to Kirk Ross c/o River of Life re: [73] Order on Motion for Protective Order. (cjm)

Sept. 13, 2010

Sept. 13, 2010

PACER
75

MOTION to Withdraw as Attorney Kirsten Scheffler Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 10/22/2010 (Belodoff, Howard)

Sept. 28, 2010

Sept. 28, 2010

PACER
76

DOCKET ENTRY ORDER granting [75] Unopposed Motion to Withdraw as Counsel (Docket No. 75). Attorney Kirstin Scheffler is no longer employed by Latham & Watkins and therefore will not work on this case any longer. Plaintiffs have three remaining attorneys from Latham & Watkins and a total of six attorneys representing their interests. Accordingly, the motion is granted. Attorney Kirstin Scheffler terminated. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)

Sept. 29, 2010

Sept. 29, 2010

PACER
77

MOTION for Summary Judgment Valencia J Bilyeu appearing for Defendants Boise Police Department, City of Boise, Idaho, Michael Masterson. Responses due by 10/25/2010 (Attachments: # (1) Statement of Material Facts, # (2) Memorandum, # (3) Affidavit Officer Tony Dotson, # (4) Affidavit Officer Andrew Johnson, # (5) Affidavit Officer Kevin O'Rourke, # (6) Affidavit Sgt. Clair Walker, # (7) Affidavit Chief Michael Masterson, # (8) Affidavit James Hall)(Bilyeu, Valencia)

1 Statement of Material Facts

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2 Memorandum

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3 Affidavit Officer Tony Dotson

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4 Affidavit Officer Andrew Johnson

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5 Affidavit Officer Kevin O'Rourke

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6 Affidavit Sgt. Clair Walker

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7 Affidavit Chief Michael Masterson

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8 Affidavit James Hall

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Sept. 30, 2010

Sept. 30, 2010

PACER
78

AFFIDAVIT re [77] MOTION for Summary Judgment filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. (Attachments: # (1) Shuler Exhibits 1-7, # (2) Shuler Exhibits 8-13)(Bilyeu, Valencia)

1 Shuler Exhibits 1-7

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2 Shuler Exhibits 8-13

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Sept. 30, 2010

Sept. 30, 2010

PACER
79

AFFIDAVIT of Valencia Bilyeu re [77] MOTION for Summary Judgment filed by Boise Police Department, City of Boise, Idaho, Michael Masterson. (Attachments: # (1) Bilyeu Exhibits 30-39, # (2) Bilyeu Exhibits 40-46, # (3) Bilyeu Exhibits 47-51, # (4) Bilyeu Exhibits 52-53, # (5) Bilyeu Exhibits 54-56, # (6) Bilyeu Exhibits 57-59, # (7) Bilyeu Exhibits 60-62, # (8) Bilyeu Exhibits 63, # (9) Bilyeu Exhibits 64-1, # (10) Bilyeu Exhibits 64-2, # (11) Bilyeu Exhibits 65, # (12) Bilyeu Exhibits 66-67, # (13) Bilyeu Exhibits 68-1, # (14) Bilyeu Exhibits 68-2, # (15) Bilyeu Exhibits 69, # (16) Bilyeu Exhibits 71)(Bilyeu, Valencia)

1 Bilyeu Exhibits 30-39

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2 Bilyeu Exhibits 40-46

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3 Bilyeu Exhibits 47-51

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4 Bilyeu Exhibits 52-53

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5 Bilyeu Exhibits 54-56

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6 Bilyeu Exhibits 57-59

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7 Bilyeu Exhibits 60-62

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8 Bilyeu Exhibits 63

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9 Bilyeu Exhibits 64-1

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10 Bilyeu Exhibits 64-2

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11 Bilyeu Exhibits 65

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12 Bilyeu Exhibits 66-67

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13 Bilyeu Exhibits 68-1

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14 Bilyeu Exhibits 68-2

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15 Bilyeu Exhibits 69

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16 Bilyeu Exhibits 71

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Sept. 30, 2010

Sept. 30, 2010

PACER
80

MOTION to Dismiss Plaintiff Lawrence Lee Smith Scott B Muir appearing for Defendants Boise Police Department, City of Boise, Idaho, Michael Masterson. Responses due by 11/8/2010 (Attachments: # (1) Affidavit of Scott Muir, # (2) Memorandum in Support)(Muir, Scott)

1 Affidavit of Scott Muir

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2 Memorandum in Support

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Oct. 15, 2010

Oct. 15, 2010

PACER
81

DOCKET TEXT NOTICE of Hearing on Motion [77] MOTION for Summary Judgment, [80] MOTION to Dismiss Plaintiff Lawrence Lee Smith : Motion Hearing set for 12/7/2010 01:30 PM (Mtn.)in Boise, ID before Judge Ronald E Bush. Courtroom #7 on 5th Floor Federal Bldg.(lc)

Oct. 19, 2010

Oct. 19, 2010

PACER
82

DOCKET TEXT AMENDED NOTICE of Hearing on Motion [77] MOTION for Summary Judgment, [80] MOTION to Dismiss Plaintiff Lawrence Lee Smith : Motion Hearing set for 12/14/2010 09:30 AM (MTN. TIME) in Boise, ID before Judge Ronald E Bush. 5th Floor, Courtroom #7.(lc)

Oct. 19, 2010

Oct. 19, 2010

PACER
83

DOCKET TEXT AMENDED NOTICE of Hearing on Motion [77] MOTION for Summary Judgment, [80] MOTION to Dismiss Plaintiff Lawrence Lee Smith : Motion Hearing set for the Correct Date is Friday, 12/10/2010 09:30 AM (MTN.) in Boise, ID before Judge Ronald E Bush. (lc)

Oct. 19, 2010

Oct. 19, 2010

PACER
84

STIPULATION & Joint Motion to Vacate & Reset Trial Date & Deadlines by Boise Police Department, City of Boise, Idaho, Michael Masterson. (Muir, Scott)

Oct. 20, 2010

Oct. 20, 2010

PACER
85

RESPONSE to Motion re [77] MOTION for Summary Judgment filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Replies due by 11/12/2010. (Attachments: # (1) Statement of Disputed Material Facts - Redacted, # (2) Affidavit of Fawn Pettet, # (3) Declaration of Kristi O'Malley, # (4) Public Exhibits 1-22, # (5) Public Exhibits 23-34, # (6) Public Exhibits 35-45, # (7) Public Exhibits 46-57, # (8) Public Exhibits 58-105, # (9) Public Exhibits 106-139)(Sullivan, Marguerite)

1 Statement of Disputed Material Facts - Redacted

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2 Affidavit of Fawn Pettet

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3 Declaration of Kristi O'Malley

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4 Public Exhibits 1-22

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5 Public Exhibits 23-34

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6 Public Exhibits 35-45

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7 Public Exhibits 46-57

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8 Public Exhibits 58-105

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9 Public Exhibits 106-139

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Oct. 25, 2010

Oct. 25, 2010

PACER
86

Sealed Document Re:[85] Response to Motion, Response to Motion, Response to Motion Statement of Disputed Material Facts - Unredacted. (O'Malley, Kristi)

Oct. 25, 2010

Oct. 25, 2010

PACER
87

Sealed Document Re:[85] Response to Motion, Response to Motion, Response to Motion Sealed Exhibits 23, 42, 45, 48, 50, 51, 53, and 56. (O'Malley, Kristi)

Oct. 25, 2010

Oct. 25, 2010

PACER
88

AFFIDAVIT of Howard Belodoff re [72] Order on Motion to Withdraw as Attorney, Order on Motion to Withdraw as Attorney filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. (Belodoff, Howard)

Nov. 2, 2010

Nov. 2, 2010

PACER
89

AFFIDAVIT of Howard Belodoff re [71] Order on Motion to Withdraw as Attorney, Order on Motion to Withdraw as Attorney filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. (Belodoff, Howard)

Nov. 2, 2010

Nov. 2, 2010

PACER
90

AFFIDAVIT of Howard Belodoff re [70] Order, Order filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. (Belodoff, Howard)

Nov. 2, 2010

Nov. 2, 2010

PACER
91

MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Allyson M Maltas. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 12/2/2010 (Attachments: # (1) Motion to Waive Pro Hac Vice Fees, # (2) Affidavit in Support of Motion to Waive Fees)(Belodoff, Howard)

1 Motion to Waive Pro Hac Vice Fees

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2 Affidavit in Support of Motion to Waive Fees

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Nov. 8, 2010

Nov. 8, 2010

PACER
92

RESPONSE to Motion re [80] MOTION to Dismiss Plaintiff Lawrence Lee Smith filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Replies due by 11/26/2010. (Attachments: # (1) Affidavit, # (2) Exhibit)(Belodoff, Howard)

1 Affidavit

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2 Exhibit

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Nov. 8, 2010

Nov. 8, 2010

PACER
93

MOTION to Withdraw as Attorney Kristi N. O'Malley Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, James M. Godfrey, Pamela Hawkes, Basil E. Humphrey, Robert Martin, Jonathan Leigh Milller, Kirk Ross, Lawerence Lee Smith. Responses due by 12/3/2010 (Belodoff, Howard)

Nov. 9, 2010

Nov. 9, 2010

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who either are or have been homeless and living in Boise.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Boise (Boise), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Placement in shelters

Poverty/homelessness