Case: Pottinger v. City of Miami

1:88-cv-02406 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 23, 1988

Case Ongoing

Clearinghouse coding complete

Case Summary

This case partially predates PACER. Therefore, access to documents related to this case is limited.On 12/23/1988, the plaintiff, as representative of a class of homeless persons, filed this § 1983 lawsuit against the City of Miami in the U.S. District Court for the Southern District of Florida. The plaintiffs' complaint alleged that the City’s police department had “a custom, practice and policy of arresting, harassing and otherwise interfering with homeless people for engaging in basic activit…

This case partially predates PACER. Therefore, access to documents related to this case is limited.

On 12/23/1988, the plaintiff, as representative of a class of homeless persons, filed this § 1983 lawsuit against the City of Miami in the U.S. District Court for the Southern District of Florida. The plaintiffs' complaint alleged that the City’s police department had “a custom, practice and policy of arresting, harassing and otherwise interfering with homeless people for engaging in basic activities of daily life . . . in the public places where they are forced to live.” The plaintiffs asked the Court for an injunction against the City to prohibit its police from arresting homeless persons who engaged in “life-sustaining conduct” in public, and from seizing and destroying their property. The district court found the City liable and granted the plaintiffs' request for injunctive relief.

The City appealed, challenging the basis and scope of the injunction. In December of 1994, following oral argument, the case was remanded to allow the district court to “issue appropriate clarifying language to guide the [C]ity in its determination of the scope of its duties under the injunction, and [to] consider whether its injunction should be modified in light of . . . events [that transpired subsequent to its order granting the injunction].” Pottinger v. City of Miami, 40 F.3d 1155, 1157 (11th Cir. 1994). On remand, the district court conducted an evidentiary hearing and ruled that the injunction would remain in effect because the circumstances had not changed significantly.

The City appealed again, and oral arguments were heard in January of 1996. The court instructed the parties to try to settle their dispute. After negotiating for nearly two years, the parties entered into a settlement agreement, which the district court subsequently approved.

Under the settlement agreement, the City agreed to implement various forms of training for its law enforcement officers in order to sensitize them to the unique struggle and circumstances of homeless persons. The agreement outlined three options for enhanced training procedures: (A) training and education provided at the School of Justice and Safety Administration at Miami Dade Community College; (B) post-Academy training; and (C) in-service training. The City was required to adopt in-service training, and had to choose between options (A) and (B).

In addition to improved training procedures, the City was required to adopt a Departmental Order regarding the treatment of homeless individuals and the City's commitment to respect the rights of homeless people. This order implemented the protocol that law enforcement officers had to follow when encountering homeless individuals. Pursuant to the new law enforcement protocol, police officers were forbidden from arresting or detaining homeless people not engaged in criminal activity. Police could only approach a homeless person to advise him or her of shelter, services, or available assistance. If a homeless person was reasonably believed to be mentally ill, law enforcement could take the person to a receiving facility for involuntary examination.

Further, if law enforcement observed a homeless person engaging in life-sustaining conduct misdemeanors—including activities such as eating, sleeping, sitting, congregating, or walking in public—they could warn the homeless person to stop the conduct and alert them to available shelter. If the homeless person accepted the available shelter, the police officer could not make an arrest and instead, had to make arrangements to transport the individual to the shelter. However, if no shelter was available, no warning could be given nor arrest made. If law enforcement observed a homeless person engaging in non-life sustaining conduct misdemeanors, they could warn the homeless person to stop the unlawful conduct, or if deemed appropriate, detain or arrest the person. Similarly, if law enforcement observed a homeless person committing a felony, they could detain or arrest that person. Finally, the agreement required that law enforcement respect the personal property of all homeless individuals and forbid the destruction of personal property.

Additionally, the settlement agreement required that the City adopt a procedure for monitoring and accounting for its officers' encounters with homeless persons. It also called for the creation of an Advisory Committee to monitor law enforcement contact with homeless persons.

In October of 2000, the parties filed a joint motion to modify the settlement agreement. The agreement had established a $600,000 “Start Off Fund” in order to compensate qualified class members. The payments were to be made within two years. But since they started later than expected, the parties asked the district court to modify the agreement to allow payments to continue until the fund was exhausted. The district court did as the parties requested. No one sought attorneys’ fees for the work performed during the 2000 modification process.

In September of 2013, the City filed a motion to modify the agreement. According to the City, the improvements in programs and services did not ameliorate problems for two subgroups of the homeless population—"the chronically homeless and sexual predators." The plaintiffs' attorney filed a response opposing the motion, arguing that, in effect, the City was attempting to terminate the settlement agreement as to the “chronically homeless” and registered sex offenders. In October of 2013, the district court held a hearing on the City’s motion for modification and suggested that the parties mediate their dispute.

In the 2014 addendum approved by the district court, the parties agreed to some of the modifications proposed by the City. The major changes were: (1) that registered sex offenders or sexual predators under certain Florida statutes were no longer afforded some of the protections provided by the original settlement agreement; (2) a facility was considered a shelter if it could accommodate the homeless for a minimum of 24 hours and had mats at least three inches thick for the homeless to sleep on; (3) starting a fire in a park no longer constituted “life-sustaining conduct;” and (4) arrests could now be made for “life-sustaining conduct” misdemeanors after a warning even if a shelter was available, but only if the conduct involved “imminent threat of physical injury.” The City's requested modifications concerning the chronically homeless did not become part of the 2014 addendum.

Following the addendum, the plaintiffs' attorney moved for $476,094.55 in attorneys’ fees for the work performed by counsel during the modification process. The district court denied the motion, ruling that the settlement agreement permitted attorneys’ fees for enforcing the agreement, but not for opposing modifications to the agreement. In addition, the district court found that the plaintiffs were not the prevailing party as to the City’s motion. Pottinger v. City of Miami, No. 88–2406–CIV, 2014 WL 2890061 (S.D. Fla. June 25, 2014).

The Court of Appeals upheld the district court's ruling on the grounds that the language in the parties' settlement agreement was clear with regards to attorneys' fees not being available for the modifications of contracts. Pottinger v. City of Miami, 805 F.3d 1293 (11th Cir. 2015).

For more than two years, the parties operated under the consent decree without any need for court enforcement. In April and May of 2018, the parties attended two mediation conferences. However, the parties were unable to reach an agreement. On May 30, 2018, the City filed a motion to terminate, or in the alternative modify, the consent decree. The City argued that its treatment of homeless individuals was fundamentally different from what it was when the litigation began in 1988. The City noted that it had significantly increased the number and scope of programs and services to assist the homeless community and had overhauled its police practices concerning interaction with homeless individuals and disposition of their belongings.

In response to the City's motion to terminate the consent decree, the plaintiffs filed a motion to enforce the consent decree and hold the City in contempt. The plaintiffs argued that, starting in late 2017, the City had been systematically violating the consent decree by seizing and destroying the plaintiffs' property, banishing the plaintiffs from certain areas of the City, and arresting them for "life sustaining misdemeanor conduct" without offering shelter or assistance as required by the consent decree. Essentially, the plaintiffs alleged that the City had reverted back to its actions and conduct that precipitated the lawsuit. They included nearly two dozen declarations from homeless individuals who had been subjected these police practices.

After holding a status conference, District Judge Federico A. Moreno called for an evidentiary hearing on the new allegations. The hearing was held on September 24–26, October 24 and 25, and November 1, 2018. The court issued its memorandum opinion on February 15, 2019. The court found that the defendant had been substantially compliant with the consent decree and terminated the agreement. By the same reasoning, the court denied the motion to hold the defendant in contempt. 359 F.Supp.3d 1177.

A month later, the plaintiffs appealed. On appeal they argued that the district court misinterpreted several aspects of the consent decree itself, by misplacing the burden of proof onto the plaintiffs, and by ignoring an alleged pattern of violating the consent decree. As of August 19, 2020, the case is still being adjudicated at the 11th Circuit Court of Appeals. Oral argument is scheduled for September 22, 2020.

Summary Authors

Daniel Fryer (4/17/2016)

Eva Richardson (11/23/2018)

Jack Hibbard (8/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5681760/parties/pottinger-v-city-of-miami/


Judge(s)

Atkins, Carl Clyde (Florida)

Hatchett, Joseph Woodrow (Florida)

Jordan, Adalberto Jose (Florida)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Kayanan, Maria (Florida)

Kochhar, Isha (Florida)

Neill, Anna T. (Florida)

Roark, Kelley S. (Florida)

Rosenberg, Arthur (Florida)

Judge(s)

Atkins, Carl Clyde (Florida)

Hatchett, Joseph Woodrow (Florida)

Jordan, Adalberto Jose (Florida)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Kayanan, Maria (Florida)

Kochhar, Isha (Florida)

Neill, Anna T. (Florida)

Roark, Kelley S. (Florida)

Rosenberg, Arthur (Florida)

Schnably, Stephen J (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Waxman, Benjamin Samuel (Florida)

Weisberg, Robert E. (Florida)

Attorneys(s) for Defendant

Andrews, Forrest Lee (Florida)

Bittner, Warren (Florida)

Bru, Julie O. (Florida)

Coffey, Kendall Brindley (Florida)

Cole, Scott Allan (Florida)

Gamez, Carlos Humberto (Florida)

Greco, John Anthony (Florida)

Green, Christopher Allan (Florida)

Harrison, Douglas Andrew (Florida)

Jones, A. Quinn III (Florida)

McNulty, Kerri Lauren (Florida)

Mendéz, Victoria (Florida)

Perez, Juan Carlos (Florida)

Scott, Thomas E. (Florida)

Vilarello, Alejandro (Florida)

Wysong, George (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

April 29, 2020 Docket

Order Granting Plaintiffs' Motion for Certification of Class Action

720 F.Supp. 955

July 21, 1989 Order/Opinion
277

Findings of Fact and Conclusions of Law and Order on Plaintiffs' Request for Declaratory and Injunctive Relief

810 F.Supp. 1551

Nov. 16, 1992 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

40 F.3d 1155

Dec. 7, 1994 Order/Opinion
360

Findings and Order on Limited Remand from the Eleventh Circuit Court of Appeals

April 7, 1995 Order/Opinion
383

Order on Join Motion to Certify to Court of Appeals Intent to Proceed with Approval Provisions of Settlement Agreement

Feb. 25, 1998 Order/Opinion
382

Settlement Agreement

Feb. 27, 1998 Settlement Agreement
384

Eleventh Circuit of Appeals Order Granting Parties' Joint Motion for Remand

U. S. Court of Appeals for the Eleventh Circuit

April 17, 1998 Order/Opinion
391

Omnibus Order Approving Class Notice of Settlement Agreement with Specified Revisions; Setting Dates for Receipt of Objections to Settlement Agreement and for Public Hearing; [Title Truncated]

May 12, 1998 Order/Opinion
397

Joint Motion to Approve Settlement Agreement

Sept. 23, 1998 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5681760/pottinger-v-city-of-miami/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
256

TRANSCRIPT of trial filed for dates of 6/15/92, Volume 1, pages 1-198 (Former Deputy Clerk) (Entered: 08/18/1992)

July 31, 1992 PACER
257

TRANSCRIPT of trial filed for dates of 6/16/92, Volume 2, pages 199-380 (Former Deputy Clerk) (Entered: 08/18/1992)

July 31, 1992 PACER
258

TRANSCRIPT of trial filed for dates of 6/17/92, Volume 3, pages 381-608 (Former Deputy Clerk) (Entered: 08/18/1992)

July 31, 1992 PACER
259

TRANSCRIPT of trial filed for dates of 6/18/92, Volume 4, pages 614-755 (Former Deputy Clerk) (Entered: 08/18/1992)

July 31, 1992 PACER
260

TRANSCRIPT of trial filed for dates of 6/19/92, Volume 5, pages 756-862 (Former Deputy Clerk) (Entered: 08/18/1992)

July 31, 1992 PACER
254

MOTION by City of Miami to extend time to file post trial memorandum and proposed findings of fact and conclusions of law (Former Deputy Clerk) (Entered: 08/06/1992)

Aug. 5, 1992 PACER
255

ORDER granting [254-1] motion to extend time to file post trial memorandum and proposed findings of fact and conclusions of law; Post trial memorandum and proposed findings of fact and conclusions shall be filed by 8/17/92 ( signed by Judge C. C. Atkins on 8/7/92) CCAP (cf, Deputy Clerk) (Entered: 08/12/1992)

Aug. 7, 1992 PACER
261

MOTION by City of Miami to extend time within which to complete and file its post-trial memorandum proposed and revised findings of fact and conclusions of law (cf, Deputy Clerk) (Entered: 08/18/1992)

Aug. 17, 1992 PACER
262

ORDER granting [261-1] motion to extend time within which to complete and file its post-trial memorandum proposed and revised findings of fact and conclusions of law; Posttrial memorandum shall be filed by 8/21/92 ( signed by Judge C. C. Atkins on 8/20/92) CCAP (cf, Deputy Clerk) (Entered: 09/03/1992)

Aug. 21, 1992 PACER
263

POSTTRIAL MEMORANDUM by City of Miami (cf, Deputy Clerk) (Entered: 09/03/1992)

Aug. 21, 1992 PACER
264

NOTICE of substitution of table of contents to defendant's post trial memorandum by City of Miami (Former Deputy Clerk) (Entered: 09/08/1992)

Sept. 1, 1992 PACER
265

MOTION by Michael Pottinger to extend time in which to file answer to defendant City of Miami's post-trial memorandun (cf, Deputy Clerk) (Entered: 09/14/1992)

Sept. 4, 1992 PACER
266

NOTICE of filing post-trial proposed order, findings of fact, conclusions of law by City of Miami (cf, Deputy Clerk) (Entered: 09/15/1992)

Sept. 9, 1992 PACER
267

ORDER granting [265-1] motion to extend time in which to file answer to defendant City of Miami's post-trial memorandun, Response to motion by 9/15/92 ( signed by Judge C. C. Atkins on 9/17/92, nunc pro tunc, 9/9/92) CCAP (cf, Deputy Clerk) (Entered: 09/23/1992)

Sept. 18, 1992 PACER
268

MOTION by Berry Young, Michael Pottinger, Peter Carter for leave to accept as plaintiffs' reply to defendant's post trial memorandum as timely filed (cf, Deputy Clerk) (Entered: 09/24/1992)

Sept. 23, 1992 PACER
269

REPLY by Berry Young, Michael Pottinger, Peter Carter to [263-1] memorandum (cf, Deputy Clerk) (Entered: 09/24/1992)

Sept. 23, 1992 PACER
270

NOTICE of attached supplemental authority by Berry Young, Michael Pottinger, City of Miami (cp, Deputy Clerk) (Entered: 10/01/1992)

Sept. 30, 1992 PACER
272

ORDER granting [268-1] motion for leave to accept as plaintiffs' reply to defendant's post trial memorandum as timely filed ( signed by Judge C. C. Atkins on 9/30/92) CCAP (cp, Deputy Clerk) (Entered: 10/07/1992)

Oct. 2, 1992 PACER
271

UNOPPOSED MOTION by Berry Young, Michael Pottinger, Peter Carter to supplement trial record with exhibits (cp, Deputy Clerk) (Entered: 10/06/1992)

Oct. 5, 1992 PACER
273

Transcript filed re: opening statements Date: 6/15/92 Before Judge: Atkins Volume No.: I Number of pages: 1-38 (cp, Deputy Clerk) (Entered: 10/29/1992)

Oct. 28, 1992 PACER
274

Transcript filed re: motion under Rules 41(b)&52(c) Date: 6/18/92 Before Judge: Atkins Volume No.: I Number of pages: 1-42 (cp, Deputy Clerk) (Entered: 10/29/1992)

Oct. 28, 1992 PACER
275

Transcript filed re: motion under Rules 41(b)&52(c) Date: 6/19/92 Before Judge: Atkins Number of pages: 1-21 (cp, Deputy Clerk) (Entered: 10/29/1992)

Oct. 28, 1992 PACER
276

NOTICE of intent to take action by City of Miami (cp, Deputy Clerk) (Entered: 11/16/1992)

Nov. 13, 1992 PACER
277

ORDER granting [271-1] motion to supplement trial record with exhibits ( signed by Judge C. C. Atkins on 11/16/92) CCAP (cf, Deputy Clerk) (Entered: 11/19/1992)

Nov. 16, 1992 PACER
278

RESPONSE by Michael Pottinger to [276-1] notice (cf, Deputy Clerk) (Entered: 11/24/1992)

Nov. 20, 1992 PACER
279

REPLY by City of Miami to [278-1] opposition response (cf, Deputy Clerk) (Entered: 12/02/1992)

Nov. 30, 1992 PACER
280

ORDER [276-1] notice; That City is enjoined from executing the evacuation plans proposed in 11/13/92 notification of intent to take action until mutually agreed upon arrest-free areas are established ( signed by Judge C. C. Atkins on 12/1/92) CCAP (cf, Deputy Clerk) (Entered: 12/02/1992)

Dec. 1, 1992 PACER
281

REQUEST by Berry Young, Michael Pottinger, Peter Carter for jury trial setting (cf, Deputy Clerk) Modified on 12/03/1992 (Entered: 12/03/1992)

Dec. 2, 1992 PACER
282

INTERLOCUTORY NOTICE OF APPEAL by City of Miami from Findings of Fact and Conclusions of Law entered 11/19/92. Fee Status: Paid Receipt # 618471 (Copies to USCA and Attorneys of record). (vp, Deputy Clerk) Modified on 12/07/1992 (Entered: 12/07/1992)

Dec. 4, 1992 PACER
283

MOTION with memorandum in support by City of Miami to suspend injunction, to stay pending appeal (Former Deputy Clerk) (Entered: 12/07/1992)

Dec. 4, 1992 PACER

Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [282-1] appeal by City of Miami (vp, Deputy Clerk)

Dec. 7, 1992 PACER
284

MOTION by City of Miami to stay request for jury trial setting (Former Deputy Clerk) (Entered: 12/14/1992)

Dec. 11, 1992 PACER
285

MOTION by Michael Pottinger to extend time in which to file plaintiffs' motion for attorney's fees and costs (cf, Deputy Clerk) (Entered: 12/16/1992)

Dec. 15, 1992 PACER
286

Report pursuant to order dated 11/16/92 by Michael Pottinger (cf, Deputy Clerk) (Entered: 12/18/1992)

Dec. 17, 1992 PACER
287

RESPONSE by Michael Pottinger in opposition to [283-1] motion to suspend injunction (cf, Deputy Clerk) (Entered: 12/18/1992)

Dec. 17, 1992 PACER
288

SUPPLEMENT by Michael Pottinger to: [286-1] report (cf, Deputy Clerk) (Entered: 12/23/1992)

Dec. 18, 1992 PACER

NOTICE of Receipt of Transmittal Letter from USCA Re: [282-1] appeal by City of Miami USCA NUMBER: 92-5145 (vp, Deputy Clerk)

Dec. 21, 1992 PACER
289

RESPONSE by City of Miami to [286-1] report (cf, Deputy Clerk) (Entered: 12/28/1992)

Dec. 23, 1992 PACER
290

MOTION by Berry Young, Michael Pottinger, Peter Carter in opposition to [284-1] motion to stay request for jury trial setting (cf, Deputy Clerk) (Entered: 12/29/1992)

Dec. 28, 1992 PACER
291

ORDER granting [285-1] motion to extend time in which to file plaintiffs' motion for attorney's fees and costs ( signed by Judge C. C. Atkins on 12/21/92) CCAP (cf, Deputy Clerk) (Entered: 01/05/1993)

Dec. 29, 1992 PACER
292

MOTION by Berry Young, Michael Pottinger, Peter Carter for order to show cause re: City's violation of Court order dated 11/16/92 (cf, Deputy Clerk) (Entered: 01/05/1993)

Dec. 30, 1992 PACER
293

REPLY by City of Miami to response in oppositon to [283-1] motion to suspend injunction (cf, Deputy Clerk) (Entered: 01/05/1993)

Jan. 4, 1993 PACER
294

RESPONSE by City of Miami in opposition to motion for order to show cause re: City's violation of Court order dated 11/16/92 (cf, Deputy Clerk) (Entered: 01/08/1993)

Jan. 6, 1993 PACER
295

REQUEST for order on defendant's motion for reconsideration and clarification pursuant to 11/14/91 order issued by United States Court of Appeals, Eleventh Circuit of by City of Miami (cf, Deputy Clerk) (Entered: 01/08/1993)

Jan. 6, 1993 PACER
296

NOTICE of filing appearaance pro se by City of Miami (cf, Deputy Clerk) (Entered: 01/12/1993)

Jan. 8, 1993 PACER
298

NOTICE to counsel ( signed by Judge C. C. Atkins on 1/13/93) CCAP (cf, Deputy Clerk) (Entered: 01/20/1993)

Jan. 14, 1993 PACER
297

MOTION by Berry Young, Michael Pottinger, Peter Carter to extend time to file motion for attorneys fees and costs (Former Deputy Clerk) (Entered: 01/20/1993)

Jan. 15, 1993 PACER
299

ORDER granting [297-1] motion to extend time to file motion for attorneys fees and costs, set motion filing deadline for 3/16/93 ( signed by Judge C. C. Atkins on 1/22/93) CCAP (ea, Deputy Clerk) (Entered: 01/27/1993)

Jan. 22, 1993 PACER
300

NOTICE re: the homeless by City of Miami (Former Deputy Clerk) (Entered: 02/10/1993)

Feb. 4, 1993 PACER
311

DESIGNATION by City of Miami of record on appeal (tb, Deputy Clerk) (Entered: 04/29/1993)

Feb. 5, 1993 PACER
301

MOTION by City of Miami for Emergency Hearing, for order requiring homeless persons to vacate Bicentennial Park (sk, Deputy Clerk) (Entered: 02/10/1993)

Feb. 8, 1993 PACER
302

ORDER granting [301-1] motion for Emergency Hearing and order requiring homeless persons to vacate Bicentennial Park( signed by Judge C. C. Atkins on 2/10/93) CCAP (sk, Deputy Clerk) (Entered: 02/17/1993)

Feb. 10, 1993 PACER
303

ORDER denying [283-1] motion to suspend injunction, denying [283-2] motion to stay pending appeal; Motion for Reconsideration and Clarification of 3/18/91 [DE # 176] is granted in part and denied in part ( signed by Judge C. C. Atkins on 3/9/93) CCAP (sk, Deputy Clerk) (Entered: 03/10/1993)

March 9, 1993 PACER
304

MOTION by Michael Pottinger to extend time to file plaintiffs' motion for attorney's fees and costs (Former Deputy Clerk) (Entered: 03/18/1993)

March 15, 1993 PACER

USCA acknowledge receipt of problem letter.(USCA#92-5145) (tb, Deputy Clerk)

March 15, 1993 PACER
312

DESIGNATION by City of Miami of record on appeal (tb, Deputy Clerk) (Entered: 04/29/1993)

March 16, 1993 PACER
305

MOTION by Michael Pottinger, Berry Young, Peter Carter to certify remand to correct geographical limitation on plaintiff's class of 11/16/92 and 7/21/89 orders (sk, Deputy Clerk) (Entered: 03/30/1993)

March 24, 1993 PACER
306

ORDER granting [304-1] motion to extend time to file plaintiffs' motion for attorney's fees and costs, set motion for attorney's fees and costs filing deadline for 4/5/93 ( signed by Judge C. C. Atkins on 3/23/93) CCAP (sk, Deputy Clerk) (Entered: 03/30/1993)

March 24, 1993 PACER
307

UNOPPOSED MOTION by Berry Young, Michael Pottinger, Peter Carter to extend time to file Plaintiff's motion for attorney's fees and costs (sk, Deputy Clerk) (Entered: 04/09/1993)

April 5, 1993 PACER
308

RESPONSE by City of Miami in opposition to [305-1] motion to certify remand to correct geographical limitation on plaintiff's class of 11/16/92 and 7/21/89 orders (sk, Deputy Clerk) (Entered: 04/14/1993)

April 9, 1993 PACER
309

ORDER granting [307-1] motion to extend time to file motion for attorney's fees and costs to 4/26/93 (signed by Judge C. C. Atkins on 4/13/93) CCAP (Former Deputy Clerk) (Entered: 04/19/1993)

April 16, 1993 PACER
310

MOTION with memorandum in support by City of Miami to strike exhibit B, letter of Benjamin Waxman of [305-1] motion to certify remand to correct geographical limitation on plaintiff's class of 11/16/92 and 7/21/89 orders (sk, Deputy Clerk) (Entered: 04/26/1993)

April 23, 1993 PACER
313

UNOPPOSED MOTION by Berry Young, Michael Pottinger, Peter Carter for leave to accept motion for attorney's fees and costs as timely filed (sk, Deputy Clerk) (Entered: 05/18/1993)

May 14, 1993 PACER
314

NOTICE of attorney appearance for Berry Young, Michael Pottinger, Peter Carter by Robert Elliot Weisberg (sk, Deputy Clerk) (Entered: 05/18/1993)

May 14, 1993 PACER
315

MOTION by Berry Young, Michael Pottinger, Peter Carter for interim award of attorney fees, and reimbursement of costs and litigation expenses (sk, Deputy Clerk) (Entered: 05/18/1993)

May 14, 1993 PACER
316

MEMORANDUM by Berry Young, Michael Pottinger, Peter Carter in support of [315-1] motion for interim award of attorney fees, [315-2] motion reimbursement of costs and litigation expenses (sk, Deputy Clerk) (Entered: 05/18/1993)

May 14, 1993 PACER

Certificate of readiness transmitted to USCA Re: [282-1] appeal by City of Miami USCA NUMBER: 92-5145 (tb, Deputy Clerk)

May 20, 1993 PACER

USCA acknowledge receipt of Certificate of readiness(USCA#92-5145) (tb, Deputy Clerk)

June 2, 1993 PACER
317

NOTICE of attorney conference regarding plaintiff's motion for an award of attorneys' fees and reimbursement of costs by Berry Young, Michael Pottinger, Peter Carter (sk, Deputy Clerk) (Entered: 06/07/1993)

June 3, 1993 PACER
318

MOTION by Michael Pottinger, Peter Carter, Berry Young briefing schedule, and for evidentiary Hearing (sk, Deputy Clerk) (Entered: 07/23/1993)

July 19, 1993 PACER
319

RESPONSE by City of Miami to [318-1] motion briefing schedule, [318-2] motion for evidentiary Hearing (sk, Deputy Clerk) (Entered: 07/28/1993)

July 26, 1993 PACER
320

ORDER denying [305-1] motion to certify remand to correct geographical limitation on plaintiff's class of 11/16/92 and 7/21/89 orders ( signed by Judge C. C. Atkins on 7-29-93) CCAP (sk, Deputy Clerk) (Entered: 08/03/1993)

July 29, 1993 PACER
321

REPLY by Michael Pottinger, Peter Carter, Berry Young to response to [318-1] motion briefing schedule, [318-2] motion for evidentiary Hearing (sk, Deputy Clerk) (Entered: 08/05/1993)

Aug. 4, 1993 PACER
322

ORDER deferring plaintiff's 7-19-93 motions: for briefing schedule, and evidentiary hearing ( signed by Judge C. C. Atkins on 8-2-93) CCAP (sk, Deputy Clerk) (Entered: 08/05/1993)

Aug. 4, 1993 PACER
323

ORDER mooting [292-1] motion for order to show cause re: City's violation of Court order dated 11/16/92 ( signed by Judge C. C. Atkins on 9-24-93) CCAP (sk, Deputy Clerk) (Entered: 10/05/1993)

Sept. 27, 1993 PACER
324

MOTION (REQUEST) by City of Miami for status conference (sk, Deputy Clerk) (Entered: 12/27/1993)

Dec. 21, 1993 PACER
325

NOTICE of vacation by City of Miami (sk, Deputy Clerk) (Entered: 01/11/1994)

Jan. 10, 1994 PACER
326

ORDER/Notice to counsel re: communication from Raymond Copell ( signed by Judge C. C. Atkins on 1.11.93) CCAP (sk, Deputy Clerk) (Entered: 01/11/1994)

Jan. 11, 1994 PACER
327

RESPONSE by Berry Young, Michael Pottinger, Peter Carter in opposition to combined [324-1] notice and OBJECTION to [324-1] motion for status conference (sk, Deputy Clerk) (Entered: 01/14/1994)

Jan. 13, 1994 PACER
328

RESPONSE (REPLY) by City of Miami to [327-1] response to [324-1] combined notice and 327 objection to (request) [324-1] motion for status conference (sk, Deputy Clerk) (Entered: 01/24/1994)

Jan. 21, 1994 PACER
329

ORDER denying [324-1] motion for status conference ( signed by Judge C. C. Atkins on 2.7.94) CCAP (sk, Deputy Clerk) (Entered: 02/14/1994)

Feb. 8, 1994 PACER
330

ORDER/Notice of 1.28.94 communication from Morris Drew ( signed by Judge C. C. Atkins on 2.7.94) CCAP (sk, Deputy Clerk) (Entered: 02/14/1994)

Feb. 8, 1994 PACER
331

MOTION by Peter Carter, Michael Pottinger, Berry Young to supplement the record (dp, Deputy Clerk) (Entered: 05/12/1994)

April 20, 1994 PACER
332

ORDER granting [331-1] motion to supplement the record ( signed by Judge C. C. Atkins on 4/29/94) CCAP (dp, Deputy Clerk) (Entered: 05/13/1994)

April 29, 1994 PACER

Transmitted record on appeal to U.S. Court of Appeals: [282-1] appeal by City of Miami consisting of 3 volumes of pleadings, 16 volumes of transcripts (tb, Deputy Clerk)

May 18, 1994 PACER

NOTICE of Receipt of record on appeal from USCA Re: [282-1] appeal by City of Miami USCA NUMBER: 91-5316 & 92-5145 (tb, Deputy Clerk)

June 2, 1994 PACER
333

ORDER, re notice to counsel of stay of proceedings pending appeal ( signed by Judge C. C. Atkins on 9/9/94) CCAP (Former Deputy Clerk) (Entered: 09/14/1994)

Sept. 9, 1994 PACER
334

Emergency Application with memorandum in support by Peter Carter, Michael Pottinger, Berry Young for preliminary injunction (Former Deputy Clerk) (Entered: 12/09/1994)

Dec. 8, 1994 PACER
335

ORDER, memorandum due on 12/19/94 for City of Miami, response due on 12/30/94 for Michael Pottinger, Peter Carter, Berry Young, reply memorandum due on 1/6/95 for City of Miami; set limited remand hearing and oral argument for 9:00 1/12/95 before Judge C. C. Atkins ( signed by Judge C. C. Atkins on 12/8/94) CCAP (Former Deputy Clerk) (Entered: 12/09/1994)

Dec. 8, 1994 PACER
336

LIMITED REMAND (USCA-12/7/94) (certified copy), remanding case to district court for limited purposes consistent with this opinion ; USCA Appeal #: 91-5316 & 92-5145; Copy to Judge. (vp, Deputy Clerk) (Entered: 12/13/1994)

Dec. 13, 1994 PACER
338

MOTION by City of Miami to extend time to respond to this Court's Order Directing Parties to File Memoranda entered December 8, 1994. (Former Deputy Clerk) (Entered: 12/22/1994)

Dec. 19, 1994 PACER
337

MEMORANDUM by City of Miami on limited remand from [336-2] appeal order (Former Deputy Clerk) (mc). (Additional attachment(s) added on 12/4/2014: # 1 Appendix) (mc). (Entered: 12/22/1994)

1 Appendix

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Dec. 21, 1994 PACER
339

ORDER granting [338-1] motion to extend time to respond to this Court's Order Directing Parties to File Memoranda entered December 8, 1994 up to and including December 21, 1995. ( signed by Judge C. C. Atkins on 1/4/95) CCAP (Former Deputy Clerk) (Entered: 01/10/1995)

Jan. 4, 1995 PACER
340

RESPONSE by Michael Pottinger in opposition to [337-1] opposition memorandum (Former Deputy Clerk) (mc). (Entered: 01/10/1995)

Jan. 4, 1995 PACER
341

APPENDIX to: [340-1] opposition response by Michael Pottinger (Former Deputy Clerk) (mc). (Additional attachment(s) added on 12/3/2014: # 1 Exhibit 4-11) (mc). (Entered: 01/10/1995)

1 Exhibit 4-11

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Jan. 4, 1995 PACER
342

REPLY by City of Miami to [340-1] response regarding memorandum on limited remand from the 11th Judicial Circuit (dr, Deputy Clerk) (mc). (Entered: 01/18/1995)

Jan. 11, 1995 PACER
343

NOTICE of filing exhibits by Michael Pottinger (Former Deputy Clerk) (mc). (Entered: 01/23/1995)

Jan. 17, 1995 PACER
344

ORDER, continuing evidentiary hearing for 1:00 1/27/95 before Judge C. C. Atkins at conclusion of hearing parties to submit memoranda ( signed by Judge C. C. Atkins on 1/19/95) CCAP (vp, Deputy Clerk) (Entered: 01/25/1995)

Jan. 19, 1995 PACER
345

NOTICE of receipt of letter from Edward J. McCormick, President, Eastern Union Corp. for use by counsel in forthcoming memoranda. (Former Deputy Clerk) (mc). (Entered: 02/09/1995)

Feb. 7, 1995 PACER
346

Transcript filed re: continued hearing on limited remand from the 11th Circuit Date: February 16, 1995 Before Judge: Atkins Volume No.: 1 Number of pages: 60 (Former Deputy Clerk) (Entered: 03/07/1995)

March 1, 1995 PACER

State / Territory: Florida

Case Type(s):

Policing

Key Dates

Filing Date: Dec. 23, 1988

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Group of homeless individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Miami (Miami), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $600,000

Order Duration: 1998 - None

Content of Injunction:

Reporting

Training

Issues

Reproductive rights:

Fetus Identity

General:

Aggressive behavior

Disparate Treatment

Excessive force

Failure to train

False arrest

Funding

Over/Unlawful Detention

Pattern or Practice

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