Case: Foster v. City of Alexander City

3:15-cv-00647 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 8, 2015

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 8, 2015, two Alexander City residents who had been jailed for their inability to pay traffic or misdemeanor fines and costs filed this class action lawsuit in the United States District Court for the Middle District of Alabama. Represented by counsel from the Southern Poverty Law Center, the plaintiffs sued the City of Alexander and the Police Chief under 42 U.S.C. § 1983 alleging violations of the U.S. Constitution. The plaintiffs asked the court to grant declaratory, injunctive, …

On September 8, 2015, two Alexander City residents who had been jailed for their inability to pay traffic or misdemeanor fines and costs filed this class action lawsuit in the United States District Court for the Middle District of Alabama. Represented by counsel from the Southern Poverty Law Center, the plaintiffs sued the City of Alexander and the Police Chief under 42 U.S.C. § 1983 alleging violations of the U.S. Constitution. The plaintiffs asked the court to grant declaratory, injunctive, and monetary relief.

Specifically, the plaintiffs alleged that Alexander City had a practice of arresting individuals who could not pay traffic or misdemeanor fines and costs in full on the date assessed, and jailing them until they paid or sat out the amount owed at a base rate of $20 per day. The defendants removed the plaintiffs from their jobs, families, and homes, destabilizing their lives. The plaintiffs alleged this practice violated the Fourth, Sixth, and Fourteenth Amendments of the U.S. Constitution, as well as constituted false imprisonment under Alabama state law. The plaintiffs further alleged this practice was implemented pursuant to the authorization of the Police Chief. The plaintiffs sought class certification for declaratory and injunctive relief.

On September 8, 2015, the plaintiffs also filed a motion for a temporary restraining order or preliminary injunction directing the defendants to stop jailing persons who were not able to pay their fines and costs in full on the date of their adjudication.

The case was assigned to Judge Gray Michael Borden on October 30, 2015.

On November 25, 2015, the plaintiffs filed a motion to withdraw their motions to certify class, for temporary restraining order, and for preliminary injunction. The same day the court granted the motion to withdraw, denied the motion for preliminary injunction as moot, and denied the motion for class certification as moot.

The plaintiffs filed an amended complaint on December 1, 2015. In the new complaint, the plaintiffs only sought to define a damages class, abandoning the attempt to certify a class for injunctive or declaratory relief. The defendants moved to dismiss the case on December 15, 2015. Discovery proceeded, with disputes arising along the way.

The case was reassigned to Judge Royce C. Lamberth on June 15, 2016.

The parties filed a joint motion for preliminary approval of a class settlement on January 17, 2017. On March 13, 2017, the court granted preliminary approval of the settlement and conditionally approved the following settlement class: "All individuals who, on or between September 8, 2013, and September 8, 2015, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department."

Per the agreement, the defendants were to pay class members a total of $680,000. The allocation of that fund was divided as follows: (1) $30,000 equally divided and paid to the two named plaintiffs, (2) $500 per day spent in jail for each class member who submitted a claim, (3) distribution of unclaimed payments to class members who had submitted claims in proportion to the number of days each one spent in jail, and (4) distribution of any residual money to the nonprofit Volunteer Connections of Central Alabama. The settlement also provided $202,000 in attorney's fees to class counsel. No injunctive relief was included in the settlement. The defendants did not admit any responsibility or liability with respect to the allegations. Following a fairness hearing, the court granted final approval of the settlement on August 4, 2017. The court retained jurisdiction for the purposes of the distribution of the class settlements.

In addition to the relief described in the settlement, following the filing of the lawsuit, the city changed their policies to allow low-income citizens of Alexander City to pay off fines either in installments or through community work.

After a fairness hearing on August 4, 2019, Judge Lamberth approved the settlement. Since then, there has no additional activity on the docket. Presumably, the defendants completed their required payments per the settlement agreement and the case is closed.

Summary Authors

Sarah Precup (9/28/2015)

Virginia Weeks (2/14/2018)

Emma Himes (11/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13421276/parties/foster-v-city-of-alexander-city-joint-assign/


Judge(s)

Capel, Wallace Jr. (Alabama)

Attorney for Plaintiff

Brooke, Samuel (Alabama)

Cavanaugh, William Francis Jr (District of Columbia)

Attorney for Defendant

Canupp, David Jonathon (Alabama)

Chynoweth, Brad A. (Alabama)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:15-cv-00647

Docket [PACER]

Aug. 4, 2017

Aug. 4, 2017

Docket
1

3:15-cv-00647

Complaint

Sept. 8, 2015

Sept. 8, 2015

Complaint
4

3:15-cv-00647

Plaintiff Underwood's Motion for Temporary Restraining Order or Preliminary Injunction

Sept. 8, 2015

Sept. 8, 2015

Pleading / Motion / Brief
36

3:15-cv-00647

First Amended Complaint

Foster and City of Alexander City

Dec. 1, 2015

Dec. 1, 2015

Complaint
93

3:15-cv-00647

Joint Motion for Preliminary Approval of Class Action Settlement Agreement and Notice to Class Members

Jan. 17, 2017

Jan. 17, 2017

Pleading / Motion / Brief
93-2

3:15-cv-00647

Class Action Settlement Agreement

Jan. 17, 2017

Jan. 17, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13421276/foster-v-city-of-alexander-city-joint-assign/

Last updated June 19, 2026, 6:33 a.m.

Docket for: Foster v. City of Alexander City (JOINT ASSIGN)
ECF Number Date Description Link
1 Sept. 8, 2015

COMPLAINT (Class Action) against City of Alexander City, Willie Robinson ( Filing fee $ 400.00 receipt number 4602038232.), filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Filing Fee Receipt)(dmn, ) (Entered: 09/08/2015)

1 Filing Fee Receipt

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2 Sept. 8, 2015

MOTION for Class Certification of a Plaintiff (B)(2) Class by Amanda Underwood. (Attachments: # 1 [Proposed] Class Certification Order)(dmn, ) Modified on 9/8/2015 to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, ) Modified on 11/25/2015 (kh, ). (Entered: 09/08/2015)

1 [Proposed] Class Certification Order

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3 Sept. 8, 2015

MEMORANDUM in Support of Plaintiff's 2 Motion for Certification of a Plaintiff (B)(2) Class filed by Amanda Underwood. (dmn, ) Modified on 9/8/2015 to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, ) (Entered: 09/08/2015)

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4 Sept. 8, 2015

MOTION for Temporary Restraining Order, or MOTION for Preliminary Injunction by Amanda Underwood. (Attachments: # 1 [Proposed] Temporary Restraining Order, # 2 [Proposed Preliminary Injuction Order)(dmn, ) (Entered: 09/08/2015)

1 [Proposed] Temporary Restraining Order

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2 [Proposed Preliminary Injuction Order

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5 Sept. 8, 2015

BRIEF/MEMORANDUM in Support of 4 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)

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6 Sept. 8, 2015

DECLARATION of D'ANGELO FOSTER in Support of Plaintiff's 4 Motions for Preliminary Injunction and 2 Motion for Class Certification, by D'Angelo Foster. (dmn, ) (Entered: 09/08/2015)

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7 Sept. 8, 2015

DECLARATION of Amanda Underwood in Support of Plaintiff's 4 Motions for Preliminary Injunction and 2 Motion for Class Certification by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)

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8 Sept. 8, 2015

DECLARATION of Luther Dewayne Nichols in Support of Plaintiff's 4 Motions for Preliminary Injunction, and 2 Motion for Class Certification, by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)

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9 Sept. 8, 2015

DECLARATION of Samuel Brooke in Support of Plaintiffs' 4 Motions for Preliminary Injunction, and/or 2 Motion for Class Certification by Amanda Underwood. (dmn, ) (Attachment(s): # 1 Exhibit A, Part 1 to Brooke Declaration, # 2 Exhibit A, Part 2 to Brooke Declaration, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (dmn, ). Modified on 9/9/2015 to include Exhibit B, omitted in error. (dmn, ) (Entered: 09/08/2015)

1 Exhibit A, Part 1 to Brooke Declaration

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2 Exhibit A, Part 2 to Brooke Declaration

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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10 Sept. 8, 2015

Summons Issued as to Willie Robinson and returned to counsel for personal service. (dmn, ) (Entered: 09/08/2015)

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11 Sept. 8, 2015

Summons Issued as to City of Alexander City and returned to counsel for personal service. (dmn, ) (Entered: 09/08/2015)

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12 Sept. 8, 2015

ORDER: Before the court is Plaintiff's 4 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction, which the court construes as a Motion for Preliminary Injunction. It is ORDERED that the 4 Motion for Preliminary Injunction is SET for a Motion hearing on 9/25/2015 at 09:00 AM in Courtroom 2B in Montomgery, AL before Chief Judge William Keith Watkins. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing.Plaintiffs are DIRECTED to serve all Defendants promptly with a copy ofthis Order. Signed by Chief Judge William Keith Watkins on 9/8/2015. Copies furnished to calendar group, AR. (dmn, ) (Entered: 09/08/2015)

RECAP
13 Sept. 8, 2015

SUMMONS Returned Executed by D'Angelo Foster, Amanda Underwood. City of Alexander City served on 9/8/2015, answer due 9/29/2015. (Brooke, Samuel) (Entered: 09/08/2015)

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14 Sept. 8, 2015

SUMMONS Returned Executed by D'Angelo Foster, Amanda Underwood. Willie Robinson served on 9/8/2015, answer due 9/29/2015. (Brooke, Samuel) (Entered: 09/08/2015)

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Sept. 8, 2015

DEMAND for Trial by Jury by D'Angelo Foster, Amanda Underwood. (dmn, ) (NO PDF)

Sept. 8, 2015

NOTICE of Docket Text Correction re 2 Motion to Certify Class, 3 Memorandum in Support. The referenced docket entries were modified to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, )

15 Sept. 9, 2015

NOTICE of Correction re 9 Declaration. This notice has been docketed to enter Exhibit B into the record as an attachment to the referenced document. Exhibit B was omitted in error when the declaration was docketed. The pdf of Exhibit B is attached to this notice. (Attachments: # 1 Exhibit B)(dmn, ) (Entered: 09/09/2015)

1 Exhibit B

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16 Sept. 9, 2015

CERTIFICATE OF SERVICE by D'Angelo Foster, Amanda Underwood re 12 Order. (Brooke, Samuel) Modified on 9/10/2015 to clean up text. (dmn, ) (Entered: 09/09/2015)

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17 Sept. 9, 2015

Corporate/Conflict Disclosure Statement by D'Angelo Foster. (Brooke, Samuel) (Entered: 09/09/2015)

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18 Sept. 9, 2015

Corporate/Conflict Disclosure Statement by Amanda Underwood. (Brooke, Samuel) (Entered: 09/09/2015)

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19 Sept. 14, 2015

MOTION to Expedite Hearing on Plaintiff's Motion for Certification of a (b)(2) Class 2 by D'Angelo Foster, Amanda Underwood. (Brooke, Samuel) (Entered: 09/14/2015)

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20 Sept. 15, 2015

ORDERED that 1. On or before September 21, 2015, Defendants shall file a brief in response to the 4 motion for preliminary injunction. Plaintiffs may file a reply brief on or before September 23, 2015; 2. Plaintiffs' 19 motion for an expedited hearing on the motion for class certification is GRANTED to the extent that Plaintiffs' 2 motion for class certification is SET for a hearing on November 2, 2015, at 1:00 p.m. in Courtroom 2-B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; and 3. On or before October 23, 2015, Defendants shall file a brief in response to the 2 motion for class certification. Plaintiffs may file a reply brief on or before October 30, 2015. The Plaintiffs are DIRECTED to promptly serve Defendants with a copy of this Order. Signed by Honorable Judge W. Harold Albritton, III on 9/15/2015. (furn: Calendar, AR, (kh, ) (Entered: 09/15/2015)

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21 Sept. 15, 2015

NOTICE of Appearance by David J. Canupp on behalf of City of Alexander City, Willie Robinson (Canupp, David) (Entered: 09/15/2015)

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22 Sept. 15, 2015

NOTICE of Appearance by Brad A. Chynoweth on behalf of City of Alexander City, Willie Robinson (Chynoweth, Brad) (Entered: 09/15/2015)

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23 Sept. 15, 2015

Corporate/Conflict Disclosure Statement by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 09/15/2015)

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24 Sept. 15, 2015

CERTIFICATE OF SERVICE by D'Angelo Foster, Amanda Underwood re 20 Order Setting Hearing on Motion, Terminate Motions,,,,,,,, on Counsel for Defendants (Brooke, Samuel) (Entered: 09/15/2015)

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Sept. 15, 2015

Set Motion Hearing: 4 Motion for Preliminary Injunction is SET for a Motion hearing on 9/25/2015 at 09:00 AM in Courtroom 2B in Montomgery, AL before Chief Judge William Keith Watkins previously reset in error in 20 order. (no pdf document attached to this entry)(kh, )

25 Sept. 16, 2015

NOTICE of Appearance by William Larkin Radney, III on behalf of City of Alexander City, Willie Robinson (Radney, William) (Entered: 09/16/2015)

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26 Sept. 16, 2015

Alias Summons issued as to Willie Robinson; mailed CMRRR with copy of 1 complaint. (kh, ) (Entered: 09/16/2015)

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27 Sept. 17, 2015

Joint MOTION to Continue and to Enforce Agreed Stipulation by D'Angelo Foster, Amanda Underwood, City of Alexander City, Willie Robinson. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to add as filed on behalf of the defendants (kh, ). (Entered: 09/17/2015)

1 Text of Proposed Order

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28 Sept. 17, 2015

Motion for William F. Cavanaugh, Jr. to Appear Pro Hac Vice by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to clarify the docket text(kh, ). (Entered: 09/17/2015)

1 Exhibit Certificate of Good Standing

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2 Text of Proposed Order Proposed Order

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29 Sept. 17, 2015

Motion for Susan Millenky to Appear Pro Hac Vice by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to clarify the docket text(kh, ). (Entered: 09/17/2015)

1 Exhibit Certificate of Good Standing

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2 Text of Proposed Order Proposed Order

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30 Sept. 18, 2015

ORDERED that the 27 Joint Motion is GRANTED. The court will exercise its jurisdiction to enforce paragraphs three through five of the Joint Motion. It is further ORDERED 1. That the deadline for Defendants to file a brief in response to the 4 motion for preliminary injunction, previously set for September 21, 2015, is EXTENDED to and including November 30, 2015. Plaintiffs may file a reply brief on or before December 7, 2015; 2. That the hearing on the 4 motion for preliminary injunction previously set for September 25, 2015, is RESET for December 15, 2015 at 10:00 a.m. in Courtroom 2-B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; 3. That the deadline for Defendants to file a brief in response to the 2 motion for class certification, previously set for October 23, 2015, is EXTENDED to and including November 30, 2015. Plaintiffs may file a reply brief on or before December 7, 2015; 4. That the hearing on the 2 motion for preliminary injunction previously set for November 2, 2015, is RESET for December 15, 2015 at 10:00 a.m. in Courtroom 2-B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; and 5. The deadline for Defendants to file a responsive pleading to the complaint is EXTENDED to and including December 7, 2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/18/2015. (furn: Calendar, AR, WR)(kh, ) (Entered: 09/18/2015)

RECAP
Sept. 18, 2015

***Attorney William Francis Cavanaugh,Susan Millenky for D'Angelo Foster and Amanda Underwood added pursuant to the 28 and 29 motions for admission pro hac vice. (kh, )

31 Sept. 21, 2015

Received Pro Hac Vice Filing fees re: 28 Motion for William F. Cavanaugh, Jr and 29 Motion for Susan Millenky : $ 100.00, receipt number 4602038355 (kh, ) (Entered: 09/21/2015)

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33 Sept. 21, 2015

Return Receipt Card showing service of Alias Summons and 1 Complaint signed by Willie Robinson for Willie Robinson served on 9/18/2015. (kh, ) (Entered: 09/22/2015)

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Sept. 22, 2015

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

32 Sept. 22, 2015

TEXT ORDER granting 28 Motion for William F. Cavanaugh, Jr. to Appear Pro Hac Vice; granting 29 Motion for Susan Millenky to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 9/22/2015. (no pdf document attached to this entry)(kh, ) (Entered: 09/22/2015)

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Oct. 30, 2015

Case Reassigned to Honorable Judge Gray Michael Borden. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge. (no pdf document attached to this entry) (kh, )

34 Nov. 25, 2015

Consent MOTION to Withdraw 2 MOTION to Certify Class, 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Notice of Filing of Amended Complaint by Amanda Underwood. (Attachments: # 1 Exhibit A - Ordinance 2016-12, # 2 Exhibit B - Municipal Court Standing Order, # 3 Text of Proposed Order)(Brooke, Samuel) (Entered: 11/25/2015)

1 Exhibit A - Ordinance 2016-12

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2 Exhibit B - Municipal Court Standing Order

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3 Text of Proposed Order

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35 Nov. 25, 2015

ORDERED that the motion to withdraw (Doc. # 34 ) is GRANTED. It is further ORDERED 1. that the motion for preliminary injunction (Doc. # 4 ), is DENIED as moot; 2. that the hearing on the motion for preliminary injunction (Doc. # 4 ) set for December 15, 2015 at 10:00 a.m. is CANCELLED; 3. that the motion for class certification (Doc. # 2 ) is DENIED as moot; 4. that the hearing on the motion for class certification (Doc. # 2 ) set for December 15, 2015 at 10:00 a.m. is CANCELLED; 5. that the deadline for Defendants to file a responsive pleading to the original complaint, currently set for December 7, 2015, is suspended; and 6. that, on or before December 15, 2015, Plaintiff shall file an amended complaint. Signed by Chief Judge William Keith Watkins on 11/25/2015. (furn: AR, Calendar)(kh, ) (Entered: 11/25/2015)

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36 Dec. 1, 2015

AMENDED COMPLAINT against All Defendants, filed by D'Angelo Foster, Amanda Underwood.(Zampierin, Sara) (Entered: 12/01/2015)

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37 Dec. 4, 2015

RULE 26(f) ORDER: it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than December 30, 2015. Signed by Chief Judge William Keith Watkins on 12/4/2015. (kh, ) (Entered: 12/04/2015)

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38 Dec. 4, 2015

GENERAL BRIEFING ORDER setting out other briefing deadlines, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/4/2015. (kh, ) (Entered: 12/04/2015)

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39 Dec. 15, 2015

MOTION to Dismiss by City of Alexander City. (Canupp, David) (Entered: 12/15/2015)

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40 Dec. 15, 2015

BRIEF/MEMORANDUM in Support re 39 MOTION to Dismiss filed by City of Alexander City. (Canupp, David) (Entered: 12/15/2015)

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41 Dec. 15, 2015

MOTION to Dismiss by Willie Robinson. (Canupp, David) (Entered: 12/15/2015)

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42 Dec. 15, 2015

BRIEF/MEMORANDUM in Support re 41 MOTION to Dismiss filed by Willie Robinson. (Canupp, David) (Entered: 12/15/2015)

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43 Dec. 16, 2015

MOTION to Stay Discovery and to Temporarily Suspend Obligations Under Fed. R. Civ. P. 26 Pending Resolution of Motions to Dismiss by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 12/16/2015)

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44 Dec. 18, 2015

BRIEF/MEMORANDUM in Opposition re 43 MOTION to Stay Discovery and to Temporarily Suspend Obligations Under Fed. R. Civ. P. 26 Pending Resolution of Motions to Dismiss filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 12/18/2015)

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45 Dec. 21, 2015

MOTION to Dismiss (Amendment) by Willie Robinson. (Canupp, David) (Entered: 12/21/2015)

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46 Dec. 22, 2015

ORDER denying 43 Motion to Stay, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/22/2015. (kh, ) (Entered: 12/22/2015)

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47 Dec. 30, 2015

REPORT of Rule 26(f) Planning Meeting. (Zampierin, Sara) (Entered: 12/30/2015)

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48 Jan. 5, 2016

RESPONSE in Opposition re 41 MOTION to Dismiss, 39 MOTION to Dismiss filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 01/05/2016)

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49 Jan. 8, 2016

ORDERED that this case is SET for a scheduling conference on February 4, 2016 at 2:00 p.m. This proceeding will be held by telephone conference. Plaintiffs shall set up the telephone conference. The Clerk of Court is DIRECTED to provide a court reporter for the scheduling conference. Signed by Chief Judge William Keith Watkins on 1/8/2016. (furn: AR, Calendar)(kh, ) (Entered: 01/08/2016)

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50 Jan. 12, 2016

REPLY BRIEF re 39 MOTION to Dismiss filed by City of Alexander City. (Canupp, David) (Entered: 01/12/2016)

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51 Jan. 12, 2016

REPLY BRIEF re 41 MOTION to Dismiss filed by Willie Robinson. (Canupp, David) (Entered: 01/12/2016)

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52 Jan. 15, 2016

AMENDED DOCUMENT by D'Angelo Foster, Amanda Underwood. Amendment to 47 Report of Rule 26(f) Planning Meeting by the Parties. (Zampierin, Sara) (Entered: 01/15/2016)

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54 Feb. 4, 2016

Minute Entry for proceedings held before Chief Judge William Keith Watkins: Scheduling Conference held on 2/4/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 02/05/2016)

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53 Feb. 5, 2016

ORDERED that, on or before February 19, 2016, the parties shall meet and confer and shall file a joint supplemental report of parties' planning meeting setting forth a proposed discovery plan for limited discovery of unnamed class members, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/5/2016. (kh, ) (Entered: 02/05/2016)

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55 Feb. 16, 2016

Consent MOTION for Protective Order by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Appendix Stipulation and proposed Order for the Production and Exchange of Confidential Information)(Zampierin, Sara) (Entered: 02/16/2016)

1 Appendix Stipulation and proposed Order for the Production and Exchange of Confi

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56 Feb. 16, 2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 2/4/2016, before Judge W. Keith Watkins. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (kh, ) (Entered: 02/16/2016)

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57 Feb. 17, 2016

ORDER granting 55 Motion for Protective Order, as further set out in order. Signed by Honorable Judge Gray Borden on 2/17/2016. (kh, ) (Entered: 02/17/2016)

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58 Feb. 19, 2016

NOTICE OF FILING OF CORRECTED OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings re 56 TRANSCRIPT (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 2/4/2016, before Judge W. Keith Watkins. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/11/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/19/2016. (kh, ) (Entered: 02/19/2016)

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59 Feb. 19, 2016

STATUS REPORT (Joint Supplemental Report of Parties' Planning Meeting) by City of Alexander City, Willie Robinson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Canupp, David) (Entered: 02/19/2016)

1 Exhibit A

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2 Exhibit B

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60 Feb. 26, 2016

BRIEF/MEMORANDUM in Support Of Propriety of Proposed Interrogatories for Absent Class Member Discovery filed by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 02/26/2016)

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Feb. 26, 2016

MOTION requesting the Court resolve the discovery dispute in defendants' favor by City of Alexander City, Willie Robinson. (No pdf attached to this entry - See doc 60 for pdf) (wcl, )

61 March 4, 2016

BRIEF/MEMORANDUM in Opposition to Defendants' Requested Discovery on Absent Putative Class Members filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 03/04/2016)

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62 March 4, 2016

AFFIDAVIT re 61 BRIEF/MEMORANDUM in Opposition to Defendants' Requested Discovery on Absent Putative Class Members by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit A - Excerpts of Corrected Transcript of Status Conference, # 2 Exhibit B - Sample Traffic Ticket and Order, # 3 Exhibit C - Sample Misdemeanor Order, # 4 Exhibit D - Page of Jail Log, # 5 Exhibit E - Sample Arrest Report)(Zampierin, Sara) (Entered: 03/04/2016)

1 Exhibit A - Excerpts of Corrected Transcript of Status Conference

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2 Exhibit B - Sample Traffic Ticket and Order

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3 Exhibit C - Sample Misdemeanor Order

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4 Exhibit D - Page of Jail Log

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5 Exhibit E - Sample Arrest Report

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63 April 1, 2016

MOTION for Hearing (EXPEDITED) on Absent Class Member Discovery (UNOPPOSED) by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 04/01/2016)

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64 April 19, 2016

MOTION to Withdraw as Attorney, Motion to Appear Pro Hac Vice, MOTION to Substitute Attorney by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 04/19/2016)

1 Exhibit Certificate of Good Standing

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2 Text of Proposed Order

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65 April 19, 2016

Pro Hac Vice Filing fee received re 64 motion: $ 50.00, receipt number 4602040838. (wcl, ) (Entered: 04/19/2016)

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April 19, 2016

***Attorney Ivy Wang for D'Angelo Foster and Amanda Underwood added pursuant to the 64 motions. (No pdf attached to this entry) (wcl, )

66 April 28, 2016

ORDER granting 64 Motion to Substitute Attorneys or Record; ORDER granting 64 Motion to Permit Attorney Valentina Restrepo to Withdraw; ORDER granting 64 Motion to Allow Attorney Ivy Wang to Appear Pro Hac Vice; Counsel shall file a notice of appearance with the court. Signed by Chief Judge William Keith Watkins on 4/28/2016. (wcl, ) (Entered: 04/28/2016)

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April 28, 2016

***Attorney Valentina Restrepo terminated pursuant to the court's 66 order. (No pdf attached to this entry) (wcl, )

67 April 29, 2016

NOTICE of Appearance by Ivy Wang on behalf of D'Angelo Foster, Amanda Underwood (Wang, Ivy) (Entered: 04/29/2016)

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68 June 15, 2016

Case Reassigned to Honorable Judge Royce C. Lamberth as presiding judge and Honorable Judge Wallace Capel, Jr. as referral judge; Chief Judge William Keith Watkins and Honorable Judge Gray M. Borden no longer assigned to the case as presiding and referral judges. (wcl, ) (Entered: 06/15/2016)

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June 15, 2016

Motions No Longer Referred: 41 MOTION to Dismiss, 45 MOTION to Dismiss (Amendment), 63 MOTION for Hearing (EXPEDITED) on Absent Class Member Discovery (UNOPPOSED), 39 MOTION to Dismiss. (No pdf attached to this entry) (wcl, )

69 July 12, 2016

MOTION to Quash and MOTION for Protective Order by Louise Pritchard. (Attachments: # 1 Exhibit Exhibit A - Deposition Notice)(Kinney, Richard). Added MOTION to Quash on 7/13/2016 (wcl, ). (Entered: 07/12/2016)

1 Exhibit Exhibit A - Deposition Notice

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July 12, 2016

***Attorney James Wallace Porter, II for Louise Pritchard added pursuant to the 69 motion. (No pdf attached to this entry (wcl, )

70 July 13, 2016

MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity by Randall S. Haynes. (Attachments: # 1 Exhibit A - Deposition Notice)(Pike, James) (Entered: 07/13/2016)

1 Exhibit A - Deposition Notice

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71 July 13, 2016

Emergency MOTION to Stay Taking of Deposition by Randall S. Haynes. (Attachments: # 1 Exhibit A - Deposition Notice)(Pike, James) (Entered: 07/13/2016)

1 Exhibit A - Deposition Notice

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72 July 13, 2016

ORDER re 69 Motion to Quash and for Protective Order, 70 Motion for Protective Order and 71 Emergency Motion to Stay; ORDERED that, on or before 7/22/2016, Plfs shall file a written response to the motions and show cause, if any there be, why the motions should not be granted; Movants may file a reply on or before 7/26/2016. Signed by Honorable Judge Wallace Capel, Jr on 7/13/2016. (wcl, ) (Entered: 07/13/2016)

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73 July 18, 2016

Emergency MOTION to Stay Louise Pritchard's Deposition by Louise Pritchard. (Kinney, Richard) Modified on 7/19/2016 to clarify the docket text (wcl, ). (Entered: 07/18/2016)

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74 July 20, 2016

ORDER Setting Hearing on Motion re 39, 41 & 45 MOTIONS to Dismiss: Motion Hearing set for Thursday, 8/18/2016 at 03:30 PM in Courtroom 2F before Honorable Judge Royce C. Lamberth. Signed by Honorable Judge Royce C. Lamberth on 7/20/2016. (furn: calendar, ar) (wcl, ) (Entered: 07/20/2016)

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75 July 22, 2016

RESPONSE in Opposition re 71 Emergency MOTION to Stay Taking of Deposition, 70 MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity, 73 Emergency MOTION to Stay Louise Pritchard's Deposition, 69 MOTION for Protective Order MOTION to Quash filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Declaration of Sara Zampierin, # 2 Exhibit A - 30(b)(6) Deposition - Lt. Walters, # 3 Exhibit B - 30(b)(6) Deposition - Lt. Easterwood, # 4 Exhibit C - Haynes Letter, # 5 Exhibit D - Haynes Memo)(Zampierin, Sara) (Entered: 07/22/2016)

1 Declaration of Sara Zampierin

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2 Exhibit A - 30(b)(6) Deposition - Lt. Walters

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3 Exhibit B - 30(b)(6) Deposition - Lt. Easterwood

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4 Exhibit C - Haynes Letter

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5 Exhibit D - Haynes Memo

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76 July 26, 2016

REPLY to Response to Motion re 71 Emergency MOTION to Stay Taking of Deposition, 70 MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity filed by Randall S. Haynes. (Pike, James) (Entered: 07/26/2016)

RECAP
77 July 26, 2016

REPLY BRIEF re 73 Emergency MOTION to Stay Louise Pritchard's Deposition, 69 MOTION for Protective Order MOTION to Quash filed by Louise Pritchard. (Kinney, Richard) (Entered: 07/26/2016)

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78 Aug. 1, 2016

(REVERSED IN PART ONLY AS TO THE RULING ON THE PROTECTIVE ORDER PURSUANT TO THE COURT'S 90 ORDER) ORDER granting 70 Motion for Protective Order; denying as moot 71 Emergency Motion to Stay Deposition. Signed by Honorable Judge Wallace Capel, Jr on 8/1/2016. (wcl, ) Modified on 12/1/2016 (wcl, ). (Entered: 08/01/2016)

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79 Aug. 1, 2016

(REVERSED IN PART ONLY AS TO THE RULING ON THE PROTECTIVE ORDER PURSUANT TO THE COURT'S 90 ORDER) ORDER granting 69 Motion to Quash and for Protective Order; denying as moot 73 Emergency Motion to Stay Deposition. Signed by Honorable Judge Wallace Capel, Jr on 8/1/2016. (wcl, ) Modified on 12/1/2016 (wcl, ). (Entered: 08/01/2016)

RECAP
80 Aug. 11, 2016

NOTICE TO COUNSEL: Counsel are advised that the hearing in the cases referred to in note 1 of the Court's 74 Order of 7/20/2016, has been moved from 10:00 AM to 1:00 PM on 8/18/2016. The hearing will still be held in Courtroom 2-F. Signed by Honorable Judge Royce C. Lamberth on 8/11/2016. (wcl, ) (Entered: 08/11/2016)

RECAP
81 Aug. 15, 2016

APPEAL OF MAGISTRATE JUDGE DECISION to District Court (Rule 72 Objections to the Magistrate Judge's Orders Granting Protective Orders to Non-Party Deponents) by D'Angelo Foster, Amanda Underwood re 78 Order on Motion for Protective Order, 79 Order on Motion for Protective Order. (Zampierin, Sara) Modified on 8/16/2016 to clarify the docket text to include the "Rule 72 Objections" text (wcl, ). (Entered: 08/15/2016)

RECAP
Aug. 15, 2016

MOTION to Reverse re 78 & 79 Orders on Motions for Protective Order by D'Angelo Foster, Amanda Underwood. (No pdf attached to this entry - See doc 81 for pdf) (wcl, )

82 Aug. 18, 2016

Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Motion Hearing held on 8/18/2016 re 41 MOTION to Dismiss filed by Willie Robinson, 45 MOTION to Dismiss (Amendment) filed by Willie Robinson, 39 MOTION to Dismiss filed by City of Alexander City (PDF available for court use only). (Court Reporter Patricia G. Starkie.) (war, ) (Entered: 08/19/2016)

RECAP
83 Aug. 25, 2016

NOTICE by D'Angelo Foster, Amanda Underwood of Lodging of Transcript of Rule 30(b)(6) Deposition of Defendant City of Alexander City through Designee Lieutenant James Easterwood (Attachments: # 1 Exhibit Transcript of Deposition of 30(b)(6) Designee James Easterwood, # 2 Exhibit Easterwood Dep. Ex. 501, # 3 Exhibit Easterwood Dep. Ex. 515, # 4 Exhibit Easterwood Dep. Ex. 516, # 5 Exhibit Easterwood Dep. Ex. 518, # 6 Exhibit Easterwood Dep. Ex. 521, # 7 Exhibit Easterwood Dep. Ex. 522, # 8 Exhibit Easterwood Dep. Ex. 523, # 9 Exhibit Easterwood Dep. Ex. 525, # 10 Exhibit Easterwood Dep. Ex. 533, # 11 Exhibit Easterwood Dep. Ex. 534, # 12 Exhibit Easterwood Dep. Ex. 535, # 13 Exhibit Easterwood Dep. Ex. 536, # 14 Exhibit Easterwood Dep. Ex. 537, # 15 Exhibit Easterwood Dep. Ex. 538, # 16 Exhibit Easterwood Dep. Ex. 539, # 17 Exhibit Easterwood Dep. Ex. 540, # 18 Exhibit Easterwood Dep. Ex. 541, # 19 Exhibit Easterwood Dep. Ex. 542, # 20 Exhibit Easterwood Dep. Ex. 543, # 21 Exhibit Easterwood Dep. Ex. 544, # 22 Exhibit Easterwood Dep. Ex. 545, # 23 Exhibit Easterwood Dep. Ex. 546, # 24 Exhibit Easterwood Dep. Ex. 547, # 25 Exhibit Easterwood Dep. Ex. 548)(Brooke, Samuel) (Entered: 08/25/2016)

1 Exhibit Transcript of Deposition of 30(b)(6) Designee James Easterwood

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2 Exhibit Easterwood Dep. Ex. 501

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3 Exhibit Easterwood Dep. Ex. 515

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4 Exhibit Easterwood Dep. Ex. 516

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5 Exhibit Easterwood Dep. Ex. 518

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6 Exhibit Easterwood Dep. Ex. 521

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7 Exhibit Easterwood Dep. Ex. 522

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8 Exhibit Easterwood Dep. Ex. 523

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9 Exhibit Easterwood Dep. Ex. 525

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10 Exhibit Easterwood Dep. Ex. 533

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11 Exhibit Easterwood Dep. Ex. 534

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12 Exhibit Easterwood Dep. Ex. 535

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13 Exhibit Easterwood Dep. Ex. 536

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14 Exhibit Easterwood Dep. Ex. 537

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15 Exhibit Easterwood Dep. Ex. 538

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16 Exhibit Easterwood Dep. Ex. 539

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17 Exhibit Easterwood Dep. Ex. 540

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18 Exhibit Easterwood Dep. Ex. 541

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19 Exhibit Easterwood Dep. Ex. 542

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20 Exhibit Easterwood Dep. Ex. 543

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21 Exhibit Easterwood Dep. Ex. 544

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22 Exhibit Easterwood Dep. Ex. 545

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23 Exhibit Easterwood Dep. Ex. 546

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24 Exhibit Easterwood Dep. Ex. 547

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25 Exhibit Easterwood Dep. Ex. 548

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84 Aug. 25, 2016

NOTICE by D'Angelo Foster, Amanda Underwood of Lodging of Transcript of Rule 30(b)(6) Deposition of Defendant City of Alexander City through Designee Lieutenant Randy Walters (Attachments: # 1 Exhibit Transcript of Deposition of 30(b)(6) Designee Randy Walters, # 2 Exhibit Walters Dep. Ex. 501, # 3 Exhibit Walters Dep. Ex. 504, # 4 Exhibit Walters Dep. Ex. 511, # 5 Exhibit Walters Dep. Ex. 515, # 6 Exhibit Walters Dep. Ex. 516, # 7 Exhibit Walters Dep. Ex. 518, # 8 Exhibit Walters Dep. Ex. 519, # 9 Exhibit Walters Dep. Ex. 520, # 10 Exhibit Walters Dep. Ex. 521, # 11 Exhibit Walters Dep. Ex. 522, # 12 Exhibit Walters Dep. Ex. 523, # 13 Exhibit Walters Dep. Ex. 524, # 14 Exhibit Walters Dep. Ex. 525, # 15 Exhibit Walters Dep. Ex. 526, # 16 Exhibit Walters Dep. Ex. 527, # 17 Exhibit Walters Dep. Ex. 528, # 18 Exhibit Walters Dep. Ex. 529, # 19 Exhibit Walters Dep. Ex. 530, # 20 Exhibit Walters Dep. Ex. 531, # 21 Exhibit Walters Dep. Ex. 532)(Brooke, Samuel) (Entered: 08/25/2016)

1 Exhibit Transcript of Deposition of 30(b)(6) Designee Randy Walters

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2 Exhibit Walters Dep. Ex. 501

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3 Exhibit Walters Dep. Ex. 504

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4 Exhibit Walters Dep. Ex. 511

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5 Exhibit Walters Dep. Ex. 515

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6 Exhibit Walters Dep. Ex. 516

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7 Exhibit Walters Dep. Ex. 518

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8 Exhibit Walters Dep. Ex. 519

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9 Exhibit Walters Dep. Ex. 520

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10 Exhibit Walters Dep. Ex. 521

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11 Exhibit Walters Dep. Ex. 522

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12 Exhibit Walters Dep. Ex. 523

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13 Exhibit Walters Dep. Ex. 524

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14 Exhibit Walters Dep. Ex. 525

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15 Exhibit Walters Dep. Ex. 526

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16 Exhibit Walters Dep. Ex. 527

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17 Exhibit Walters Dep. Ex. 528

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18 Exhibit Walters Dep. Ex. 529

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19 Exhibit Walters Dep. Ex. 530

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20 Exhibit Walters Dep. Ex. 531

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21 Exhibit Walters Dep. Ex. 532

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85 Aug. 29, 2016

BRIEF/MEMORANDUM in Opposition re 81 Appeal of Magistrate Judge Decision to District Court, (Rule 72 Objections to the Magistrate Judge's Orders Granting Protective Orders to Non-Party Deponents) filed by Randall S. Haynes. (Pike, James) Modified on 8/31/2016 to clarify the text. (kh, ). (Entered: 08/29/2016)

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86 Aug. 29, 2016

BRIEF/MEMORANDUM in Opposition to 81 Plaintiffs' Objections filed by Louise Pritchard. (Attachments: # 1 Exhibit Exhibit 1)(Kinney, Richard) Modified on 8/31/2016 to create the docket entry relationship (kh, ). (Entered: 08/29/2016)

1 Exhibit 1

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87 Aug. 31, 2016

Objection to re 84 Notice (Other),,,, 83 Notice (Other),,,,, (Objection To Filing of Rule 30(b)(6) Depositions of Defendant) filed by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 08/31/2016)

RECAP
88 Sept. 6, 2016

REPLY BRIEF re 81 Appeal of Magistrate Judge Decision to District Court, filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Declaration of Sara Zampierin, # 2 Exhibit A - Deposition of Sgt. Spivey)(Zampierin, Sara) (Entered: 09/06/2016)

1 Declaration of Sara Zampierin

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2 Exhibit A - Deposition of Sgt. Spivey

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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: Sept. 8, 2015

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"Declaratory and Injunctive Relief Class": All individuals who in the future will be adjudicated by the Alexander City Municipal Court to owe fines and/or court costs, and who will be jailed on that date of adjudication by the Alexander City Police Department for their failure to pay fines or court costs. "Damages Class": All individuals who, on or after September 8, 2013, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Alexander City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Establishment Clause

Unreasonable search and seizure

Other Dockets:

Middle District of Alabama 3:15-cv-00647

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Amount Defendant Pays: $882,000

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Poverty/homelessness

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities

Policing:

False arrest

Reproductive rights:

Fetus Identity

Recommended Citation