Case: Walker v. City of Calhoun

4:15-cv-00170 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 8, 2015

Clearinghouse coding complete

Case Summary

This is a case challenging the Georgia city of Calhoun's use of a bail schedule that did not account for ability to pay, leading to longer detention of poor criminal defendants. On September 8, 2015, a 54-year-old indigent man filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiff sued the city of Calhoun, Georgia, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Represented by Equal Justice Under Law and the Southern Center for Human Rights, …

This is a case challenging the Georgia city of Calhoun's use of a bail schedule that did not account for ability to pay, leading to longer detention of poor criminal defendants.

On September 8, 2015, a 54-year-old indigent man filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiff sued the city of Calhoun, Georgia, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Represented by Equal Justice Under Law and the Southern Center for Human Rights, the plaintiff claimed that the City had refused to release individuals arrested for minor offenses from jail unless they paid a generic bond amount. Specifically, the plaintiff alleged that the City used a "fixed secured money-based detention scheme" that operated to detain the most impoverished misdemeanor arrestees. The City holds court hearings only once per week, so someone who is arrested for a minor crime but is indigent will have to remain in jail for up to seven days. The plaintiff argued that this practice violated the Fourteenth Amendment and asked the court for injunctive relief and a declaration that the city's conduct was unlawful.

With the complaint, the plaintiff moved for a temporary restraining order, or in the alternative, a preliminary injunction, to prevent the City from keeping him and similarly situated individuals in jail without offering release on unsecured bond or recognizance. After his release from jail, however, the plaintiff withdrew his motion for a temporary restraining order. But the plaintiff continued with his request for a preliminary injunction. The plaintiff also moved for class certification.

On November 2, 2015, the City moved to dismiss this case for failure to state a claim. In the alternative, the City requested that the plaintiff submit a more definite statement of his claim. On December 2, 2015, Judge Murphy denied the City's motion. Judge Murphy held that the plaintiff sufficiently stated a cause of action and found that the plaintiff’s complaint was not so vague or ambiguous that the City could not appropriately respond. 2015 WL 13547012.

On January 28, 2016, Judge Murphy granted the plaintiff's motion for a preliminary injunction. Judge Murphy ordered the City to implement post-arrest procedures that comply with the Constitution. In addition, unless and until the City implemented lawful post-arrest procedures, the defendant had to release any other misdemeanor arrestees in its custody, or who come into its custody, on their own recognizance or on an unsecured bond in a manner otherwise consistent with state and federal law and with standard booking procedures. The City could not continue to keep arrestees in its custody for any amount of time solely because the arrestees could not afford a secured monetary bond. 2016 WL 361612. On the same day, Judge Murphy also certified the plaintiff class. 2016 WL 361580.

On February 5, 2016, the City appealed Judge Murphy’s orders for a preliminary injunction and class certification to the U.S. Court of Appeals for the Eleventh Circuit. Amicus briefs were filed by a number of interested parties, including a statement of interest by the Civil Rights Division of the U.S. Department of Justice. The Civil Rights Division argued that "a bail scheme that imposes financial conditions, without individualized consideration of ability to pay and whether such conditions are necessary to assure appearance at trial, violates the Fourteenth Amendment."

On March 9, 2017, the Eleventh Circuit vacated the preliminary injunction and remanded the case to the district court for further proceedings, finding the injunction to be overly broad. 682 Fed. Appx. 721.

Back in district court, Judge Murphy directed both parties to advise the court what they thought should happen. The plaintiffs responded by indicating that the court should just enter a more specific injunction while the defendants maintained essentially their same objections to the injunction. After considering these recommendations, on June 16, 2017, Judge Murphy agreed with the plaintiffs and granted a more specific preliminary injunction. The defendant would be prohibited from detaining arrestees who are otherwise eligible for release but are unable to post bail because of their poverty. Further, the court established procedures whereby an indigent plaintiff can demonstrate financial hardship. 2017 WL 2794064.

The defendant again appealed to the Eleventh Circuit on July 12, 2017, and also motioned to stay proceedings with the district court on August 4, 2017. Judge Murphy granted the motion to stay proceedings on August 17, 2017.

On August 22, 2018, Eleventh Circuit Judges Beverly Martin, Julie Carnes, and Diarmuid O’Scannlain vacated the second preliminary injunction. The court applied a heightened scrutiny review standard and allowed the City an opportunity to develop an evidentiary record about its need for a 48-hour detention policy for indigents before considering this case on the merits. On September 24, the district court vacated the preliminary injunction in accordance with the Eleventh Circuit order.

On October 5, 2018, the plaintiffs moved for a preliminary injunction to bar the City from reinstating its original bail policy; they notified the court of their intention to file a certiorari petition in the U.S. Supreme Court seeking review of the Eleventh Circuit’s recent decision in this case. On November 26, 2018, the district court stayed the proceedings in this matter through the earlier of (1) the Supreme Court’s resolution of the plaintiffs’ petition for a writ of certiorari; or (2) June 28, 2019. The court also denied without prejudice the plaintiffs’ motion for preliminary injunction.

On April 1, 2019, plaintiffs' certiorari petition to the Supreme Court was denied. 139 S.Ct. 1446. The next day, the district court lifted the stay and the plaintiffs moved for a narrow preliminary injunction consistent with the Eleventh Circuit decision.

On August 5, 2019 plaintiffs moved to have the case referred to mediation, which the defendant did not oppose. Accordingly, Judge Murphy referred the case to Chief Magistrate Judge Walter E. Johnson for mediation on September 6, 2019. A settlement conference was scheduled for October 21st, but mediation was canceled because the parties had agreed to a settlement. On November 18th, the parties filed a joint motion for preliminary approval of a class action settlement agreement.

Under the proposed settlement agreement, the City agreed to three substantive policies for the benefit of the class members. First, the City would not return to the bail policies or procedures that were in effect when plaintiff was arrested in September 2015. Second, the City would provide a copy of the 2019 Standing Bail Order to the Gordon County Sheriff’s Office to ensure that no arrestee under the jurisdiction of the City of Calhoun Municipal Court would be held in jail after arrest pursuant to a secured monetary bond solely because the arrestee cannot afford to pay the bond amount, except for a reasonable amount of time, not to exceed 48 hours, needed to process the arrestee and bring her or him before a neutral decision maker for a hearing on the arrestee’s indigence and alternative release provisions. Third, the City would incorporate into a resolution for reappointment of the current municipal court judge, and all future municipal judges, a provision requiring that the 2019 Standing Bail Order is followed as the policy of the Calhoun Municipal Court. There is no enforcement mechanism included in the settlement agreement.

By an agreement that was negotiated separately, the City agreed to pay $20,000 to plaintiff to resolve his individual damages claims, and $30,000 of attorney’s fees for plaintiff’s counsel. On November 22, 2019, Judge Murphy granted the joint motion for preliminary approval.

On January 30, 2020, the case was reassigned to Judge Steve C. Jones. Judge Jones approved the parties' class action settlement agreement on February 18, 2020. Plaintiffs then moved for $30,000 in attorney's fees as agreed upon in the settlement and final order and Judge Jones granted the motion on February 25, 2020.

On March 18, 2020, the parties jointly stipulated to dismissal of the case with prejudice.

Summary Authors

Kate Craddock (9/29/2015)

Jessica Kincaid (2/6/2016)

John He (8/28/2016)

Bryce Freeman (10/26/2017)

Sichun Liu (3/10/2019)

Claire Shimberg (4/26/2020)

Related Cases

Edwards v. Cofield, Middle District of Alabama (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4505241/parties/walker-v-city-of-calhoun-georgia/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Carnes, Julie E. (Georgia)

Jones, Steve CarMichael (Georgia)

Jordan, Adalberto Jose (Florida)

Martin, Beverly Baldwin (Georgia)

Murphy, Harold Lloyd (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Attorneys(s) for Plaintiff

Horn, John A. (Georgia)

Karakatsanis, Alec (District of Columbia)

Primerano, Ryan (Georgia)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Carnes, Julie E. (Georgia)

Jones, Steve CarMichael (Georgia)

Jordan, Adalberto Jose (Florida)

Martin, Beverly Baldwin (Georgia)

Murphy, Harold Lloyd (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Attorneys(s) for Plaintiff

Horn, John A. (Georgia)

Karakatsanis, Alec (District of Columbia)

Primerano, Ryan (Georgia)

Attorneys(s) for Defendant

Beacham, Ansel Franklin III (Georgia)

Davis, Jesse Anderson (Georgia)

Govignon, George Patrick (Georgia)

Grozine, Abby C (Georgia)

Lucas, Samuel Leslie (Georgia)

Root, David F. (Georgia)

Other Attorney(s)

Foster, Lisa A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Expert/Monitor/Master

Geraghty, Sarah E. (Georgia)

Documents in the Clearinghouse

Document

4:15-cv-00170

Docket [PACER]

Walker v. City of Calhoun, Georgia

March 18, 2020

March 18, 2020

Docket
1

4:15-cv-00170

Complaint

Walker v. City of Calhoun, Georgia

Sept. 8, 2015

Sept. 8, 2015

Complaint
13

4:15-cv-00170

Order on Withdrawal of Request for Temporary Restraining Order and Motion for Hearing on Preliminary Injunction

Walker v. City of Calhoun, Georgia

Sept. 10, 2015

Sept. 10, 2015

Order/Opinion
28

4:15-cv-00170

Order [denying defendant's motion to dismiss claim]

2015 WL 13547012

Dec. 2, 2015

Dec. 2, 2015

Order/Opinion
40

4:15-cv-00170

Order [granting plaintiff's motion for preliminary injunction]

Walker v City of Calhoun

2016 WL 361612, 2016 U.S.Dist.LEXIS 12305

Jan. 28, 2016

Jan. 28, 2016

Order/Opinion

0:16-10521

Brief for the United States as Amicus Curiae Supporting Plaintiff-Appellee and Urging Affirmance on the Issue Addressed Herein

U. S. Court of Appeals for the Eleventh Circuit

Aug. 18, 2016

Aug. 18, 2016

Pleading / Motion / Brief
53

0:16-10521

Opinion [USCA]

U. S. Court of Appeals for the Eleventh Circuit

682 Fed.Appx. 721, 2017 WL 929750

March 9, 2017

March 9, 2017

Order/Opinion
68

4:15-cv-00170

Order

Walker v. Calhoun

2017 WL 2794064

June 16, 2017

June 16, 2017

Order/Opinion
83

4:15-cv-00170

Order

Walker v. Calhoun

Aug. 17, 2017

Aug. 17, 2017

Order/Opinion
87

4:15-cv-00170

USCA Opinion Vacating and Remanding to District Court for Further Proceedings

U. S. Court of Appeals for the Eleventh Circuit

Aug. 22, 2018

Aug. 22, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4505241/walker-v-city-of-calhoun-georgia/

Last updated Aug. 5, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Maurice Walker. (Filing fee $400 receipt number 113E-6028593) (Attachments: # 1 Civil Cover Sheet, # 2 Exh A)(bjh) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/08/2015)

1 Civil Cover Sheet

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2 Exh A

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Sept. 8, 2015

Sept. 8, 2015

RECAP
2

Electronic Summons Issued as to City of Calhoun, Georgia. (bjh) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
3

APPLICATION for Admission of Alec Karakatsanis Pro Hac Vice (Application fee $ 150, receipt number 113E-6029437) with Brief In Support by Maurice Walker. (Geraghty, Sarah) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
4

MOTION for Temporary Restraining Order or, in the Alternative, For Preliminary Injunction by Maurice Walker. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Geraghty, Sarah) . Added MOTION for Permanent Injunction on 9/9/2015 (bjh). Modified on 9/9/2015 (bjh). (Entered: 09/08/2015)

1 Affidavit

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2 Text of Proposed Order

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Sept. 8, 2015

Sept. 8, 2015

PACER
5

MOTION for Leave to File Excess Pages with Brief In Support by Maurice Walker. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Geraghty, Sarah) (Entered: 09/08/2015)

1 Brief

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2 Text of Proposed Order

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Sept. 8, 2015

Sept. 8, 2015

PACER
6

ORDER Granting Plaintiff's 5 Motion for Leave to File Excess Pages and Plaintiff is ordered to file his Memorandum. Signed by Judge Harold L. Murphy on 9/8/15. (bjh) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
7

RESPONSE in Support re 4 MOTION for Temporary Restraining Order filed by Maurice Walker. (Geraghty, Sarah) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
8

Certificate of Interested Persons by Maurice Walker. (Geraghty, Sarah) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

RECAP
9

Clerks Notation re 8 Certificate of Interested Persons signed on 9/9/15 by Judge Harold L. Murphy. (bjh) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
10

MOTION to Certify Class with Brief In Support by Maurice Walker. (Attachments: # 1 Brief in Support of Motion to Certify Class)(Primerano, Ryan) (Entered: 09/09/2015)

1 Brief in Support of Motion to Certify Class

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Sept. 9, 2015

Sept. 9, 2015

PACER
11

Notice of Withdrawal of Request for Temporary Restraining Order 4, and Motion for Hearing Date and Briefing Schedule on His Motion for Preliminary Injunction filed by Maurice Walker. (Attachments: # 1 Proposed Order)(Geraghty, Sarah) Modified on 9/10/2015 to edit text to reflect pdf (bjh). (Entered: 09/10/2015)

1 Text of Proposed Order

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Sept. 10, 2015

Sept. 10, 2015

PACER
12

MOTION for Hearing re 4 MOTION for Preliminary Injunction by Maurice Walker. (filed under same cover as 11 Notice of Withdrawal) (Attachment: # 1 Prop Order)(bjh) (Entered: 09/10/2015)

1 Prop Order

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Sept. 10, 2015

Sept. 10, 2015

PACER
13

ORDER: the Court GRANTS IN PART AND DENIES WITHOUT PREJUDICE IN PART Plaintiff's Notice of Withdrawal of Request for Temporary Restraining Order,and Motion for Hearing Date and Briefing Schedule on his Motion for Preliminary Injunction 11 . The Court GRANTS the portion of that document that seeks to withdraw Plaintiff's request for a temporary restraining order [3-1]. Plaintiff's alternative request for a preliminary injunction [3-2] remains pending. The Court DENIES WITHOUT PREJUDICE the portion of that document that seeks a hearing date and a briefing schedule on the request for a preliminary injunction. The briefing schedule for that request shall proceed in accordance with the Local Rules--that is, Defendant shall have fourteen days after September 8, 2015, the date on which Plaintiff filed his request, to respond to the request. See N.D. Ga. R. 7.1 B ("Any party opposing a motion shall serve the party's response, responsive memorandum, affidavits, and any other responsive material not later than fourteen (14) days after service of the motion, except that in cases of [a] motion for summary judgment the time shall be twenty-one (21) days after service of the motion."). Plaintiff will then have fourteen days after Defendant responds in which to file a reply in support of the request. See N.D. Ga. R. 7.1 C ("When the movant deems it necessary to file a reply brief, the reply must be served not later than fourteen (14) days after service of the responsive pleading."). The Court will set a hearing on the request for a preliminary injunction after the briefing process is complete and after the Court has an opportunity to review the Parties' briefs. Signed by Judge Harold L. Murphy on 9/10/15. (bjh) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER

APPROVAL by Clerks Office re: 3 APPLICATION for Admission of Alec Karakatsanis Pro Hac Vice (Application fee $ 150, receipt number 113E-6029437). Attorney Alec Karakatsanis added appearing on behalf of Maurice Walker (pb)

Sept. 17, 2015

Sept. 17, 2015

PACER

Approval of Application for Admission Pro Hac Vice

Sept. 17, 2015

Sept. 17, 2015

PACER
14

Return of Service Executed by Maurice Walker. City of Calhoun, Georgia served on 9/9/2015, answer due 9/30/2015. (Primerano, Ryan) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER

Clerks Certificate of Mailing

Sept. 18, 2015

Sept. 18, 2015

PACER
15

ORDER Granting 3 Application for Admission Pro Hac Vice of Alec Karakatsanis. Signed by Judge Harold L. Murphy on 9/18/15. (bjh) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER

Clerks Certificate of Mailing to Alec Karakatsanis re 15 Order on Application for Admission PHV (bjh)

Sept. 18, 2015

Sept. 18, 2015

PACER
16

Consent MOTION for Extension of Time for Defendant to Respond by City of Calhoun, Georgia. (Attachments: # 1 Text of Proposed Order)(Grozine, Abby) . Added MOTION for Extension of Time to File Answer on 9/28/2015 (bjh). (Entered: 09/25/2015)

1 Text of Proposed Order

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Sept. 25, 2015

Sept. 25, 2015

PACER
17

ORDER Granting 16 Consent Motion for Extension of Time for Defendant to Answer Complaint until 10/14/15; Granting Motion 16 for Defendant to file a Response to Plaintiff's 4 MOTION for Temporary Restraining Order, MOTION for Permanent Injunction until 11/2/15 and Granting time for Defendant to file a Response to Plaintiff's 10 MOTION to Certify Class until 12/2/15. Signed by Judge Harold L. Murphy on 9/28/15. (bjh) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
18

PROPOSED CONSENT ORDER Extending time to File Answer. (Grozine, Abby) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER
19

ORDER TO EXTEND TIME TO ANSWER for Defendant until 10/21/15, approving 18 Proposed Consent Order. Signed by Judge Harold L. Murphy on 10/13/15. (bjh) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
20

Consent MOTION for Extension of Time to Response by City of Calhoun, Georgia. (Attachments: # 1 Proposed Order)(Grozine, Abby) Modified on 10/21/2015 to edit event type (bjh). (Entered: 10/20/2015)

1 Text of Proposed Order

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Oct. 20, 2015

Oct. 20, 2015

PACER

Notification of Docket Correction re 20 MOTION for Extension of Time to Respond. Incorrect event type selected, Clerk made necessary corrections and notified attorney of same. (bjh)

Oct. 21, 2015

Oct. 21, 2015

PACER

Notification of Docket Correction

Oct. 21, 2015

Oct. 21, 2015

PACER
21

ORDER Granting 20 Third Consent Motion for Extension of Time to Answer/Respond. City of Calhoun, Georgia's Answer due 11/2/2015. The time in which Defendant may respond to Plaintiff's motion for Temporary Restraining Order or, in the Alternative, For Preliminary Injunction is extended up to, and including, December 2, 2015; and the time in which Defendant may respond to Plaintiffs 10 Motion to Certify Class with Brief In Support is extended up to, and including, January 4, 2016. Signed by Judge Harold L. Murphy on 10/21/15. (bjh) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
22

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for More Definite Statement with Brief In Support by City of Calhoun, Georgia. (Attachments: # 1 Brief)(Davis, Jesse) (Entered: 11/02/2015)

1 Brief

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Nov. 2, 2015

Nov. 2, 2015

PACER
23

NOTICE of Appearance by David Frank Root on behalf of City of Calhoun, Georgia (Root, David) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
24

RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for More Definite Statement filed by Maurice Walker. (Attachments: # 1 Exhibit Order, Thompson v. City of Moss Point (S.D. Miss 2015), # 2 Exhibit Order, Varden v. City of Clanton (M.D. Ala. 2015), # 3 Exhibit Order, Pierce v. City of Velda (E.D. Mo. 2015), # 4 Exhibit Order, Cooper v. City of Dothan (M.D. Ala. 2015), # 5 Exhibit U.S. Dep't of Justice, Statement of Interest, Varden v. City of Clanton (M.D. Ala. 2015))(Geraghty, Sarah) (Entered: 11/13/2015)

1 Exhibit Order, Thompson v. City of Moss Point (S.D. Miss 2015)

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2 Exhibit Order, Varden v. City of Clanton (M.D. Ala. 2015)

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3 Exhibit Order, Pierce v. City of Velda (E.D. Mo. 2015)

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4 Exhibit Order, Cooper v. City of Dothan (M.D. Ala. 2015)

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5 Exhibit U.S. Dep't of Justice, Statement of Interest, Varden v. City of Cla

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Nov. 13, 2015

Nov. 13, 2015

PACER
25

REPLY to Response to Motion re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for More Definite Statement filed by City of Calhoun, Georgia. (Grozine, Abby) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER

Submission of 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for More Definite Statement, to District Judge Harold L. Murphy. (bjh)

Dec. 1, 2015

Dec. 1, 2015

PACER

Submission to District Judge

Dec. 1, 2015

Dec. 1, 2015

PACER
26

NOTICE of Appearance by Ansel Franklin Beacham, III on behalf of City of Calhoun, Georgia (Beacham, Ansel) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
27

NOTICE of Appearance by Samuel Leslie Lucas on behalf of City of Calhoun, Georgia (Lucas, Samuel) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
28

ORDER Denying Defendant's 22 Motion to Dismiss for Failure to State a Claim; Denying 22 Motion for More Definite Statement. Signed by Judge Harold L. Murphy on 12/2/15. (bjh) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
29

RESPONSE re 4 MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by City of Calhoun, Georgia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Grozine, Abby) (Entered: 12/02/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Dec. 2, 2015

Dec. 2, 2015

RECAP
30

CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Maurice Walker.(Primerano, Ryan) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
31

ANSWER to 1 COMPLAINT by City of Calhoun, Georgia. Discovery ends on 5/16/2016.(Grozine, Abby) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
32

MOTION for Leave to File Excess Pages by Maurice Walker. (Attachments: # 1 Text of Proposed Order Granting Leave to File Excess Pages)(Primerano, Ryan) (Entered: 12/17/2015)

1 Text of Proposed Order Granting Leave to File Excess Pages

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Dec. 17, 2015

Dec. 17, 2015

PACER
33

ORDER Granting Plaintiff's 32 Motion for Leave to Exceed Page Limitation re a Reply Brief in support of his Motion for Preliminary Injunction, not to exceed 25 pages. Signed by Judge Harold L. Murphy on 12/18/15. (bjh) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
34

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by Maurice Walker. (Primerano, Ryan) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER

Submission of 4 MOTION for Temporary Restraining Order, MOTION for Permanent Injunction, to District Judge Harold L. Murphy. (bjh)

Dec. 21, 2015

Dec. 21, 2015

PACER

Submission to District Judge

Dec. 21, 2015

Dec. 21, 2015

PACER
35

CERTIFICATE OF SERVICE of Initial Disclosures by City of Calhoun, Georgia.(Grozine, Abby) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
36

RESPONSE re 10 MOTION to Certify Class filed by City of Calhoun, Georgia. (Lucas, Samuel) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
37

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Maurice Walker. (Primerano, Ryan) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
38

SCHEDULING ORDER approving 37 Joint Preliminary Report and Discovery Plan. Signed by Judge Harold L. Murphy on 1/12/16. (bjh) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
39

REPLY BRIEF re 10 MOTION to Certify Class filed by Maurice Walker. (Attachments: # 1 Exhibit Online Ticket Payment Page (Maurice Walker), # 2 Exhibit Gordon County Jail Docket)(Geraghty, Sarah) (Entered: 01/19/2016)

1 Exhibit Online Ticket Payment Page (Maurice Walker)

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2 Exhibit Gordon County Jail Docket

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Jan. 19, 2016

Jan. 19, 2016

PACER

Submission of 10 MOTION to Certify Class, to District Judge Harold L. Murphy. (bjh)

Jan. 20, 2016

Jan. 20, 2016

PACER

Submission to District Judge

Jan. 20, 2016

Jan. 20, 2016

PACER
40

VACATED PER ORDER 56 ORDER Granting Plaintiff's 4 Motion for Preliminary Injunction. The Court ORDERS Defendant to implement post-arrest procedures that comply with the Constitution, and further ORDERS that, unless and until Defendant implements lawful post-arrest procedures, Defendant must release any other misdemeanor arrestees in its custody, or who come into its custody, on their own recognizance or on an unsecured bond in a manner otherwise consistent with state and federal law and with standard booking procedures. Defendant may not continue to keep arrestees in its custody for any amount of time solely because the arrestees cannot afford a secured monetary bond. Signed by Judge Harold L. Murphy on 1/28/16. (bjh) Modified on 4/7/2017 (bjh). (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

RECAP
41

ORDER Granting Plaintiff's 10 Motion to Certify Class. The Court CERTIFIES the following class for purposes of pursuing declaratory and injunctive relief: "All arrestees unable to pay for their release who are or will be in the custody of the City of Calhoun as a result of an arrest involving a misdemeanor, traffic offense, or ordinance violation." Signed by Judge Harold L. Murphy on 1/28/16. (bjh) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
42

NOTICE OF APPEAL as to 41 Order on Motion to Certify Class, 40 Order on Motion for Permanent Injunction,, 28 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for More Definite Statement by City of Calhoun, Georgia. Filing fee $ 505, receipt number 113E-6275739. Transcript Order Form due on 2/19/2016 (Grozine, Abby) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

RECAP
43

TRANSCRIPT ORDER FORM re 42 Notice of Appeal,. (Grozine, Abby) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
44

NOTICE Of Filing Appeal Transmission Letter re 42 Notice of Appeal. (bjh) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
45

Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re 42 Notice of Appeal. (bjh) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
46

USCA Acknowledgment of 42 Notice of Appeal, filed by City of Calhoun, Georgia. Case Appealed to USCA Case Number 16-10521-HH. (Attachment: # 1 USCA Letter)(bjh) (Entered: 02/09/2016)

1 USCA Letter

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Feb. 9, 2016

Feb. 9, 2016

PACER

TRANSCRIPT ORDER FORM (nothing ordered) re 42 Notice of Appeal. Case Appealed to USCA Case Number 16-10521-HH. Certificate of Readiness due on 3/22/2016. (bjh)

March 8, 2016

March 8, 2016

PACER

Transcript Order Form

March 8, 2016

March 8, 2016

PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 42 Notice of Appeal. Case Appealed to USCA Case Number 16-10521-HH. The entire record on appeal is available electronically. (bjh)

March 8, 2016

March 8, 2016

PACER

Appeal Record Certified

March 8, 2016

March 8, 2016

PACER
47

NOTICE of Appearance by George Patrick Govignon on behalf of City of Calhoun, Georgia (Govignon, George) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

RECAP
48

Notice for Leave of Absence for the following date(s): June 13, 2016 through June 20, 2016 and September 12, 2016 through September 19, 2016, by Ansel Franklin Beacham, III. (smj) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

RECAP
49

Request for Leave of Absence for the following date(s): June 10, 2016 through June 27, 2016, by Jesse Anderson Davis. (bjh) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

RECAP
50

Notice for Leave of Absence for the following date(s): June 10, 2016 through June 27, 2016, by Jesse Anderson Davis. (smj) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
51

Notice for Leave of Absence for the following date(s): June 12, 2017 through June 21, 2017, by Ansel Franklin Beacham, III. (smj) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
52

Certified copy of ORDER of USCA re 42 Notice of Appeal, filed by City of Calhoun, Georgia Case Appealed to USCA Case Number 16-10521-HH. Appellee's motion for leave to file a supplemental brief is DENIED. (Attachment: # 1 USCA Letter)(bjh) (Entered: 03/09/2017)

1 USCA Letter

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March 9, 2017

March 9, 2017

PACER
53

USCA Opinion received re 42 Notice of Appeal, filed by City of Calhoun, Georgia. PRELIMINARY INJUNCTION VACATED; AND CASE REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. Case Appealed to USCA Case Number 16-10521-HH. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. (Attachment: # 1 USCA Letter)(bjh) (Entered: 03/09/2017)

1 USCA Letter

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March 9, 2017

March 9, 2017

RECAP
54

Certified copy of JUDGMENT of USCA re ]53] Opinion REMANDING To District Court For Further Proceedings Consistent With The Opinion re 42 Notice of Appeal. Case Appealed to USCA Case Number 16-10521-HH. (Attachment: # 1 USCA Letter)(bjh) (Entered: 04/07/2017)

1 USCA Letter

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April 7, 2017

April 7, 2017

PACER
55

ORDER making the USCA mandate the judgment of this Court re 42 Notice of Appeal. Case Appealed to USCA Case Number 16-10521-HH. Signed by Judge Harold L. Murphy on 4/7/17. (bjh) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
56

ORDER: the Court VACATES the preliminary injunction in this case 40 . The Court DIRECTS the Parties to file a Notice with the Court WITHIN 14 DAYS AFTER THE DATE OF THIS ORDER indicating how the Parties believe the Court should proceed with this case. The Court DIRECTS the Clerk to RE-SUBMIT this case to the Court after the conclusion of the fourteen-day period. Signed by Judge Harold L. Murphy on 4/7/17. (bjh) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER

Submission to District Judge

April 21, 2017

April 21, 2017

PACER
57

NOTICE by Maurice Walker re 56 Order, (Geraghty, Sarah) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
58

NOTICE by City of Calhoun, Georgia re 56 Order, (Davis, Jesse) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER

Submission of 56 Order for Parties to file a Notice re how this case should proceed, to District Judge Harold L. Murphy. (bjh)

April 21, 2017

April 21, 2017

PACER
59

ORDER the Court FINDS that the Parties have complied with the April 7, 2017, Order. The Court ORDERS that Defendant may file a response to Plaintiff's Notice on or before May 12, 2017. Plaintiff may file a reply in support of the positions set forth in his Notice on or before May 26, 2017. Signed by Judge Harold L. Murphy on 4/24/17. (bjh) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER

Set Discovery Deadline(s)

May 4, 2017

May 4, 2017

PACER
60

Joint MOTION for Amended Scheduling Order by Maurice Walker. (Attachments # 1 Proposed Order Amending Scheduling Order)(Primerano, Ryan) Modified on 5/4/2017 to edit event type (bjh). (Entered: 05/04/2017)

1 Text of Proposed Order Amending Scheduling Order

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May 4, 2017

May 4, 2017

PACER
61

ORDER Granting 60 Joint Motion to Amend Scheduling Order. The discovery period shall commence on May 15, 2017, and end on September 1, 2017. Motions to compel shall be filed on or before September 1, 2017, unless otherwise permitted by court order. Motions for summary judgment shall be filed on or before October 2, 2017, unless otherwise permitted by court order. Daubert motions regarding expert testimony shall be filed no later than the date that the proposed pretrial order is submitted. The parties shall submit a proposed pretrial order within 30 days of the close of discovery, or within 30 days of an order disposing of any motions for summary judgment, whichever is later.In all other respects, the Court's January 12, 2016, scheduling order shall remain ineffect. Signed by Judge Harold L. Murphy on 5/4/17. (bjh) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER

Discovery ends on 9/1/2017. (bjh)

May 4, 2017

May 4, 2017

PACER

Remark

May 12, 2017

May 12, 2017

PACER
62

NOTICE Of Filing of Manual Filing of Compact Disc of the Audio of the Oral Argument Held Before The Eleventh Circuit Court of Appeals by City of Calhoun, Georgia (Davis, Jesse) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER

Remark: Clerk received hand delivered CD re 62 Notice of Filing. (bjh) Modified on 5/12/2017 (bjh).

May 12, 2017

May 12, 2017

PACER
63

AFFIDAVIT of Matthew Chad Silvers by City of Calhoun, Georgia. (Davis, Jesse) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
64

RESPONSE re 57 Notice (Other) Plaintiff's Renewed Request For A Preliminary Injunction filed by City of Calhoun, Georgia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Davis, Jesse) (Entered: 05/12/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 12, 2017

May 12, 2017

PACER
65

NOTICE Of Filing by City of Calhoun, Georgia of Amici Curiae Briefs Previously Filed with the Eleventh Circuit Court of Appeals (Attachments: # 1 Brief of American Bail Coalition, GA Association Professional Bondsmen, GA Sheriff's Association, # 2 Brief of Georgia Municipal Association, International Municipal Lawyers Association, # 3 Brief of Cities of Alabama, Alabama League of Municipalities, Alabama Municipal Ins Corp, # 4 Brief of The Cato Institute, # 5 Brief of Ctr for Legal & Evidence-Based Practices, # 6 Brief of Pretrial Justice Institute & National Association of Pretrial Services Agencies, # 7 Brief of The Southern Poverty Law Cente4r, # 8 Brief of United States, # 9 Brief of American Bar Association, # 10 Brief of Group of Georgia Lawyers)(Davis, Jesse) (Entered: 05/12/2017)

1 Brief of American Bail Coalition, GA Association Professional Bondsmen, GA Sheri

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2 Brief of Georgia Municipal Association, International Municipal Lawyers Associat

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3 Brief of Cities of Alabama, Alabama League of Municipalities, Alabama Municipal

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4 Brief of The Cato Institute

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5 Brief of Ctr for Legal & Evidence-Based Practices

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6 Brief of Pretrial Justice Institute & National Association of Pretrial Services

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7 Brief of The Southern Poverty Law Cente4r

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8 Brief of United States

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9 Brief of American Bar Association

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10 Brief of Group of Georgia Lawyers

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May 12, 2017

May 12, 2017

PACER
66

REPLY In Support of 57 Notice Concerning Plaintiff's Position on How the Court Should Proceed, re Defendant's 64 Response filed by Maurice Walker. (Primerano, Ryan) Modified on 5/26/2017 to edit text to reflect pdf (bjh). (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER

Submission of 59 Order Directing Defendant to file a response to Plaintiff's Notice on or before May 12, 2017; Plaintiff may file a reply in support of the positions set forth in his Notice on or before May 26, 2017, to District Judge Harold L. Murphy. (bjh)

May 30, 2017

May 30, 2017

PACER

Submission to District Judge

May 30, 2017

May 30, 2017

PACER
67

Request for Leave of Absence for the following date(s): June 7-12 2017, June 15-16 2017, June 21-26 2017, July 14-August 2 2017, September 7-11 2017, by Jesse Anderson Davis. (Davis, Jesse) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
68

ORDER: the Court GRANTS Plaintiff's Motion for Preliminary Injunction 4 . The Court ORDERS as follows: Defendant shall, unless and until otherwise ordered by this Court, comply with the following: (1) Defendant is prohibited from detaining indigent misdemeanor or Calhoun Municipal ordinances arrestees who are otherwise eligible for release but are unable, because of their poverty, to pay a secured or money bail in accordance with the Standing Bail Order.(2) If an arrestee indicates that he or she is unable to pay a secured or money bail, arresting officers, jail personnel, or Municipal Court staff must, as soon as practicable after booking verify the arrestee's inability to pay a secured or money bail by means of an affidavit sworn before an authorized official. The affidavit must give the arrestee sufficient opportunity to swear to his or her financial conditions, including the arrestee's monthly income and expenses, the value of any assets that the arrestee has, including money in bank accounts, real estate, or automobiles, and the amount of any liabilities that the arrestee may have, such as loans, liens, or other obligations, and to the number of individuals living in the arrestee's household. The affidavit also must give the arrestee an opportunity to swear as to the amount of financial security or funds that the arrestee would be able to post or pay up front, from any source, including contributions from family and friends, within twenty-four hours of arrest. Finally, the affidavit shall give the arrestee the opportunity to swear that he or she is indigent, meaning that he or she earns less than 100 percent of the applicable federal poverty guidelines. (3) The standard for making an individualized determination of indigency is, as set forth in the Standing Bail Order, "that established by O.C.G.A. ยง 36-32-1 (f) and (g), as defined by O.C.G.A. ยง 17- 12 -2(6)(A) regarding an 'indigent person' charged with a misdemeanor, violation of probation, or a municipal code offense punishable by imprisonment." (Standing Bail Order at 5.) Those provisions "have established an 'indigent person' or 'indigent defendant' for appointed legal counsel as one 'earning less than 100 percent of the federal poverty guidelines, unless there is evidence that the person has other resources that might be reasonably used to employ a lawyer without undue hardship on the person or his or her dependents[.]'" (Id. at 5-6 (alteration in original).) For purposes of this Order, 100 percent of the federal poverty guidelines shall specifically mean the guidelines published in the Federal Register, 82 Fed. Reg. 8831-03, 2017 WL 395763 (Jan. 31,2017), and as may be further promulgated and adopted for subsequent years in the Federal Register. For 2017, the poverty guidelines for the forty-eight contiguous States and the District of Columbia are as follows: (1) for a one-person household, $12,060; (2) for a two-person household, $16,240; (3) for a three-person household, $20,420; (4) for a four-person household, $24,600; (5) for a five-person household, $28,780; (6) for a six-person household, $32,960; (7) for a seven-person household, $37,140; (8) for an eight-person household, $41,320. 82 Fed. Reg. 8831-03, 2017 WL 395963 (Jan. 31,2017). (4) If it appears, from the affidavit sworn by the arrestee, that the arrestee is indigent, according to the above standard, the arrestee shall be subject to release on his or her own recognizance without making a secured bail in accordance with O.C.GA ยง 17-6-1 (i), or subject to release on an unsecured bond, with an obligation to pay the amount listed in the bail schedule set forth in the Standing Bail Order if the arrestee fails to appear for a scheduled court date. Either the arresting officer or jail personnel, or, if available, the Municipal Court Clerk or the Judge of the Municipal Court, must conduct a review of the affidavit as soon as practicable, or, at the latest, within twenty-four hours after arrest to determine whether the arrestee meets the indigency requirement set forth in paragraph (3) and is subject to release. (5) An arrestee who is released pursuant to paragraph (4) shall be provided with written notice of the date for the next proceeding or trial. The arrestee has the responsibility of notifying the Clerk of the Municipal Court if he or she has a change of residence or mailing address prior to adjudication and sentencing, to ensure notice of any change in the scheduled proceedings. Arrestees who fail to appear for scheduled court proceedings may, of course, be subject to arrest for failure to appear.(6) As provided in the Standing Bail Order, "[a]ll persons charged with violations of The Code of Calhoun, Georgia who have no outstanding failure to appear arrest warrant from the City of Calhoun, or any other similar governing authority duly established by the Georgia General Assembly or the Constitution of The State of Georgia, shall be released on an unsecured appearance bond in the amount established by the" bail schedule set forth in the Standing Bail Order. (Standing Bail Order at 6-7.)(7) Nothing in this Order prohibits Defendant from detaining an arrestee who is intoxicated, under the influence of drugs, or a danger to himself or herself or others such that said arrestee would not otherwise be eligible for release, until such time as that arrestee becomes eligible for release. Defendant also may detain arrestees who are subject to outstanding active warrants or other holds preventing their release from detention, arrestees who are subject to detention without bond under state or federal law, and arrestees who refuse to cooperate in determining their indigence. Further, nothing in this Order prohibits Defendant from applying the bail schedule set forth in the Standard Bail Order to arrestees who are financially able to post bond in accordance with that schedule. Signed by Judge Harold L. Murphy on 6/16/17. (bjh) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

RECAP
69

NOTICE OF APPEAL as to 68 Order, 41 Order on Motion to Certify Class, 28 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for More Definite Statement by City of Calhoun, Georgia. Filing fee $505, receipt number 113E-7261098. Transcript Order Form due on 7/26/2017. (Davis, Jesse) Modified on 7/13/2017 to edit text to delete double text (bjh). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
70

NOTICE Of Filing Appeal Transmission Letter re 69 Notice of Appeal. (bjh) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
71

Transmission of Certified Copy of Notice of Appeal, Judgment, Orders and Docket Sheet to US Court of Appeals re 69 Notice of Appeal. (bjh) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
72

USCA Acknowledgment of 69 Notice of Appeal, filed by City of Calhoun, Georgia. Case Appealed to USCA Case Number 17-13139-GG. (Attachment: # 1 USCA Letter)(bjh) (Entered: 07/18/2017)

1 USCA Letter

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July 18, 2017

July 18, 2017

PACER

TRANSCRIPT ORDER FORM (nothing ordered) re 69 Notice of Appeal. Case Appealed to USCA Case Number 17-13139-GG. Certificate of Readiness due on 8/10/2017. (bjh)

July 27, 2017

July 27, 2017

PACER

Transcript Order Form

July 27, 2017

July 27, 2017

PACER
73

CERTIFICATE OF SERVICE by Maurice Walker.(Primerano, Ryan) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
74

MOTION to Stay Proceedings Until the Pending Appeal is Decided with Brief In Support by City of Calhoun, Georgia. (Attachments: # 1 Brief Brief ISO Motion to Stay)(Grozine, Abby) (Entered: 08/04/2017)

1 Brief Brief ISO Motion to Stay

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Aug. 4, 2017

Aug. 4, 2017

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

DOJ Civil Rights Division Statements of Interest

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 8, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Arrestees imprisoned because they could not afford to pay the amount of money generically set by the bail schedule used by the City of Calhoun.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Equal Justice Under Law

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Calhoun, Georgia (Gordon), City

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $50,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness