Case: Martinez v. City of Dodge City

2:15-cv-09344 | U.S. District Court for the District of Kansas

Filed Date: Oct. 21, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On October 21, 2015, an arrestee filed this class action lawsuit in the U.S. District Court for the District of Kansas. The plaintiff sued Dodge City and Ford County under 42 U.S.C. § 1983. The plaintiff alleged that the Dodge City's wealth-based post-arrest detention scheme violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The plaintiff sought injunctive relief, compensatory damages, and a declaratory judgment that the City's wealth-based detention practices w…

On October 21, 2015, an arrestee filed this class action lawsuit in the U.S. District Court for the District of Kansas. The plaintiff sued Dodge City and Ford County under 42 U.S.C. § 1983. The plaintiff alleged that the Dodge City's wealth-based post-arrest detention scheme violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The plaintiff sought injunctive relief, compensatory damages, and a declaratory judgment that the City's wealth-based detention practices were unlawful.

The plaintiff, a Native American citizen of Dodge City, was arrested and held at the Ford County Jail because he could not pay $250 to the City of Dodge City. In Dodge City, arrestees faced two different outcomes depending on their wealth status: Wealthy arrestees paid an amount set by the bail schedule and were not held in jail, while poor arrestees were put in jail for 48 hours because they could not afford to pay the City's pre-determined bail for their offense. Bail amounts ranged from $250-$2500. Under the City's scheme, the sole criterion for determining whether a pretrial arrestee walked free or sat in jail was the amount of money that he had. The plaintiff alleged that this policy and practice of using a fixed "bail schedule" to determine the amount of money necessary to secure post-arrest release and the practice of requiring cash up-front to avoid post-arrest detention violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.

The plaintiff sought to certify a class on behalf of himself and all other arrestees unable to pay for their release pursuant to Dodge City's fixed bail schedule who were, are, or who will become in the custody of Dodge City. On November 25, 2015 and on February 24, 2016, the court (Judge Teresa J. James) granted motions to stay all proceedings to allow the parties to explore a non-litigation resolution.

On April 22, 2016, the parties submitted a joint motion for entry of final declaratory and injunctive relief and joint stipulation of dismissal with prejudice. On April 26, 2016, the court (Judge Daniel D. Crabtree) issued a declaratory judgment, stating that persons cannot, consistently with the Equal Protection Clause, be held in custody after a non-warrant arrest because they are too poor to post a monetary bond. It also entered an injunction, ordering the release of individuals arrested for non-warrant arrests in Dodge City for violation of municipal ordinances on Own Recognizance Bonds without further conditions of release and without requiring posting any monetary bond. The court dismissed the plaintiff’s motion for class certification, motion for temporary restraining order and preliminary injunction, and remaining claims with prejudice. The court retained jurisdiction to enforce the injunction, but the case appears closed otherwise. 2016 WL 9051913.

Summary Authors

Rachel June-Graber (11/2/2015)

Julie Singer (2/27/2017)

Keagan Potts (3/19/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13322140/parties/martinez-v-city-of-dodge-city/


Judge(s)

Crabtree, Daniel D (Missouri)

Attorney for Plaintiff

Antosh, Peter J. (Kansas)

Hubbard, Katherine (District of Columbia)

Attorney for Defendant

Crouse, Toby Jon (Kansas)

Henson, D. Keith (Missouri)

Documents in the Clearinghouse

Documents in this case

2:15-cv-09344

Docket [PACER]

April 26, 2016

April 26, 2016

Docket
1

2:15-cv-09344

Class Action Complaint

Oct. 21, 2015

Oct. 21, 2015

Complaint
23

2:15-cv-09344

Agreement to Settle all Equitable Claims

April 22, 2016

April 22, 2016

Settlement Agreement
24

2:15-cv-09344

Order and Judgment

April 26, 2016

April 26, 2016

Order/Opinion

2016 WL 9051913

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13322140/martinez-v-city-of-dodge-city/

Last updated Nov. 3, 2026, 1:01 a.m.

Docket for: Martinez v. City of Dodge City
ECF Number Date Description Link
1 Oct. 21, 2015

COMPLAINT with trial location of Kansas City, filed by Lawrence Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Antosh, Peter) (Entered: 10/21/2015)

RECAP
2 Oct. 21, 2015

CIVIL COVER SHEET by Plaintiff Lawrence Martinez. (Antosh, Peter) (Entered: 10/21/2015)

RECAP
3 Oct. 21, 2015

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Lawrence Martinez. (Attachments: # 1 Exhibit 1)(Antosh, Peter) (Entered: 10/21/2015)

RECAP
4 Oct. 21, 2015

MOTION to Certify Class by Plaintiff Lawrence Martinez. (Attachments: # 1 Exhibit 1)(Antosh, Peter) (Entered: 10/21/2015)

RECAP
5 Oct. 22, 2015

MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Lawrence J. Martinez (Antosh, Peter) (Entered: 10/22/2015)

RECAP
6 Oct. 22, 2015

MOTION for attorney Phil Telfeyan to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-3578328.) by Plaintiff Lawrence J. Martinez. (Attachments: # 1 ECF Registration Form)(Antosh, Peter) (Entered: 10/22/2015)

RECAP
7 Oct. 22, 2015

MOTION for attorney Katherine Hubbard to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-3578339.) by Plaintiff Lawrence J. Martinez. (Attachments: # 1 ECF Registration Form)(Antosh, Peter) (Entered: 10/22/2015)

RECAP
8 Oct. 22, 2015

DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Lawrence J. Martinez - trial to be held in Kansas City. (Antosh, Peter) (Entered: 10/22/2015)

RECAP
Oct. 22, 2015

Summons Issued

Oct. 22, 2015

Notice of Judge Assignment

Oct. 22, 2015

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)

Oct. 22, 2015

SUMMONS ISSUED as to All Defendants. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)

9 Oct. 23, 2015

ORDER granting 6 Motion to Appear Pro Hac Vice of Phil Telfeyan for Lawrence J. Martinez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 10/23/15. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm) (Entered: 10/23/2015)

RECAP
10 Oct. 23, 2015

ORDER granting 7 Motion to Appear Pro Hac Vice of Katherine Hubbard for Lawrence J. Martinez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 10/23/15. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm) (Entered: 10/23/2015)

RECAP
Oct. 23, 2015

Order on Motion to Appear Pro Hac Vice

Oct. 23, 2015

Order on Motion to Appear Pro Hac Vice

11 Oct. 28, 2015

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 12/2/2015 at 09:00 AM in KC Room 643 before District Judge Daniel D. Crabtree. (mig) (Entered: 10/28/2015)

RECAP
Oct. 28, 2015

Notice of Hearing on Motion

12 Nov. 5, 2015

ORDER denying without prejudice 5 Plaintiff's Motion to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Teresa J. James on 11/5/2015. (ts) (Entered: 11/05/2015)

RECAP
Nov. 5, 2015

Pay Civil Case Filing Fee

Nov. 5, 2015

CIVIL FILING FEE PAID ONLINE BY CREDIT CARD: re: 1 Complaint (attorney) (paid $400 fee; Credit Card Receipt Number AKSDC-3594330). (Antosh, Peter)

13 Nov. 11, 2015

ENTRY OF APPEARANCE by Toby Crouse on behalf of Ford County. (Crouse, Toby) (Entered: 11/11/2015)

RECAP
14 Nov. 12, 2015

CLERKS ORDER EXTENDING TIME until 11/26/2015 for Defendant City of Dodge City to answer or otherwise plead. Signed by deputy clerk on 11/12/2015. (ydm) (Entered: 11/12/2015)

RECAP
15 Nov. 12, 2015

CLERKS ORDER EXTENDING TIME until 11/27/2015 for Defendant Ford County to answer or otherwise plead. Signed by deputy clerk on 11/12/2015. (ydm) (Entered: 11/12/2015)

RECAP
16 Nov. 12, 2015

MOTION for attorney D. Keith Henson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-3600288.) by Defendant City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Attachments: # 1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Pigg, J.) (Entered: 11/12/2015)

RECAP
17 Nov. 13, 2015

ORDER granting 16 Motion to Appear Pro Hac Vice of D. Keith Henson for City of Dodge City pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 11/13/2015. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 11/13/2015)

RECAP
Nov. 13, 2015

Order on Motion to Appear Pro Hac Vice

18 Nov. 24, 2015

Agreed MOTION to Stay All Proceedings by Defendant City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Pigg, J.) (Entered: 11/24/2015)

RECAP
19 Nov. 25, 2015

ORDER granting 18 Agreed Motion to Stay All Proceedings by City of Dodge City. In accordance with the agreed/unopposed motion, all proceedings in this case are hereby stayed in order to allow the parties to explore a non-litigation resolution, until February 24, 2016, including the Initial Scheduling Conference and Defendants ' deadlines to respond to Plaintiffs' complaint, motion to certify class, and motion for temporary restraining order and preliminary injunction. The hearing on Plaintiffs' motion for temporary restraining order, currently set for December 2, 2015, is postponed until further order of the Court. Signed by Magistrate Judge Teresa J. James. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ck) (Entered: 11/25/2015)

RECAP
Nov. 25, 2015

Order on Motion to Stay Case

20 Feb. 23, 2016

Second Agreed MOTION to Stay All Proceedings by Defendant City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Pigg, J.) (Entered: 02/23/2016)

RECAP
21 Feb. 24, 2016

ORDER granting 20 Defendant City of Dodge City's Second Agreed Motion to Stay All Proceedings. For good cause shown and in accordance with the agreed/unopposed motion, all proceedings in this case, including Defendants' deadlines to respond to Plaintiffs' complaint, motion to certify class, and motion for temporary restraining order and preliminary injunction continue to be stayed until April 25, 2016 in order to allow the parties to complete their exploration of a non-litigation resolution. Signed by Magistrate Judge Teresa J. James on 2/24/2016. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) (Entered: 02/24/2016)

RECAP
Feb. 24, 2016

Order on Motion to Stay Case

22 April 14, 2016

STIPULATION OF DISMISSAL With Prejudice as to Defendant Ford County by Lawrence J. Martinez. (Antosh, Peter) (Entered: 04/14/2016)

RECAP
23 April 22, 2016

Joint MOTION for Entry of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal With Prejudice by Plaintiff Lawrence J. Martinez. (Attachments: # 1 Exhibit Agreement to Settle All Equitable Claims)(Antosh, Peter) (Motion Referral Removed on 4/22/2016. (mg)) (Entered: 04/22/2016)

RECAP
April 22, 2016

Motions No Longer Referred

April 22, 2016

MOTION REFERRAL to Magistrate Judge REMOVED as to: 23 Joint MOTION for Order of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal With Prejudice. The motion will be resolved by the District Judge.(byk)

24 April 26, 2016

ORDER AND JUDGMENT pursuant to the 23 Joint Motion for Entry of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal with Prejudice filed by Plaintiff Lawrence Martinez and Defendant City of Dodge City. Signed by District Judge Daniel D. Crabtree on 4/26/2016. (mg) (Entered: 04/27/2016)

RECAP
25 April 26, 2016

JUDGMENT is entered on the joint motion of plaintiff and defendant City of Dodge City, the Court entered a declaratory judgment and final injunctive relief. The 24 Order and Judgment entered April 26, 2016 describes the terms of both forms of relief. Signed by a deputy clerk on 4/26/2016. (mg) (Entered: 04/27/2016)

RECAP

Case Details

State / Territory:

Kansas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 21, 2015

Closing Date: 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The plaintiff is a private citizen of Dodge City, Kansas.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Ford County

State

City of Dodge 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

Equal Protection

Other Dockets:

District of Kansas 2:15-cv-09344

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Poverty/homelessness

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities

Recommended Citation