Case: Rodriguez v. Providence Community Corrections

3:15-cv-01048 | U.S. District Court for the Middle District of Tennessee

Filed Date: Oct. 1, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On October 1, 2015, a group of indigent Rutherford County, Tennessee residents who received sanctions for failing to pay probation fees, filed a class action suit against the county and Providence Community Corrections, Inc. (PCC), a private contractor overseeing probation. The plaintiffs alleged that: 1) the arrangement between PCC and Rutherford County constituted racketeering; 2) PCC's personal financial interest in the outcome of judicial proceedings violated the plaintiffs' due process rig…

On October 1, 2015, a group of indigent Rutherford County, Tennessee residents who received sanctions for failing to pay probation fees, filed a class action suit against the county and Providence Community Corrections, Inc. (PCC), a private contractor overseeing probation. The plaintiffs alleged that: 1) the arrangement between PCC and Rutherford County constituted racketeering; 2) PCC's personal financial interest in the outcome of judicial proceedings violated the plaintiffs' due process rights; 3) the contract between PCC and the county was void under Tennessee law; 4) PCC's threats to jail plaintiffs over nonpayment of debts are unduly harsh and punitive; 5) PCC's further actions of placing debts, issuing arrest warrants, and jailing individuals solely based on wealth status or nonpayment of debts was a violation of the Fourteenth Amendment; and 8) Rutherford County and PCC’s actions were a general abuse of the legal process. On the same day that plaintiffs filed their complaint, they moved the court for a Temporary Restraining Order and Preliminary Injunction. The case was assigned to Judge Kevin Sharp.

The action arose under 18 U.S.C. § 1964(c) (RICO), and 28 U.S.C. § 2201, et seq. and 42 U.S.C. § 1983 because of alleged violations of the plaintiff’s Fourth, Sixth, and Fourteenth Amendments rights. Plaintiffs sought a declaratory judgment that Defendants' conduct was unlawful, an injunction against enforcing the illegal policies on their proposed class, which consisted of “[a]ll persons who currently owe or who will incur debts to Rutherford County from fines, feed, costs, or surcharges arising from traffic and misdemeanor cases in the County Court and who have been placed on probation with PCC Inc. pursuant to the Contract between defendants Rutherford County and PCC, Inc.” The plaintiffs also requested treble damages, and attorneys’ fees.

Specifically, the complaint arose because Rutherford County had entered into a contract with the private company (PCC) to provide probation services. According to the contract, PCC had to earn its profit solely and directly from the people that it supervised by operating a “user funded” model in which probationers were ordered to pay, under threat of arrest and revocation of their probation, a variety of fees and surcharges to PCC in addition to their court costs. The county did not provide any compensation for PCC's services.

If probationers could not pay their fees in full, they would be placed on “supervised probation.” This supervision agreement required probationers to, among other things, pay additional supervision fees to PCC, obey all orders of PCC officers, and allow warrantless property searches. Any violation of these “conditions,” notwithstanding the individual's history or the nature of the offense, would result in PCC petitioning for their probation to be revoked and for the issuing of a warrant for their arrest.

The Plaintiffs had two primary civil rights contentions with this model. First, Plaintiffs alleged that PCC did not consider whether the probationer was indigent when making recommendations based on unpaid fees, and second, that the under policy, it was possible to be arrested and jailed solely for failure to pay a debt. In many cases, PCC officers did not inform eligible applicants about the available indigency waiver, or officers gave out misinformation that some fees had to be paid before an individual could apply for the indigency waiver. This led to indigent probationers failing to comply with the supervised probation conditions, which often resulted in jail time.

On October 1, 2015, Plaintiffs moved for both a Temporary Restraining Order (“TRO”) and Preliminary Injunction (“PI”) enjoining Defendants from “serving and executing any warrant sought and issued on the basis of violation of probation.” On October 13, 2015 the court converted the TRO into a PI. On October 21, 2015, Plaintiffs moved for second PI to “prevent their imminent and unlawful jailing by the defendants.”

On December 2, 2015, defendants moved for the court to dismiss the claim based on their alleged qualified immunity as probation officers.

On December 17, 2015, Judge Kevin Sharp granted the Plaintiffs' motion for a preliminary injunction. The injunction required Rutherford County through PCC to inquire into indigency whenever setting the amount of bond during supervised probation. It also mandated that an individual could not serve jail time if the only probation violation is a nonpayment of funds. The judge called the Defendants' actions towards the indigent Plaintiffs an “extraordinary” injustice.

On January 15, 2016, Defendants filed an appeal of the preliminary injunction and requested a stay of the order before a ruling on the appeal. However, on March 15, 2016, both parties filed for voluntary dismissal of the appeal because defendants terminated the contract under which PCC has supervised misdemeanor probationers in Rutherford County.

On June 9, 2016, the district court granted in part and denied in part the Defendants' motion to dismiss, filed on December 2, 2015. On June 28, 2016 the court stayed any remaining motions so that the parties could continue to mediate their case.

On July 11, 2016, Defendants appealed the parts of the motion to dismiss that were denied to the United States Court of Appeals for the Sixth Circuit. In the meantime, the parties continued to work toward a settlement agreement.

On October 5, 2017, the parties submitted a settlement agreement to the court. Part of that settlement agreement requested a settlement with a class, specifically “all persons who, at any time from October 1, 2011 to [October 5, 2017], (1) incurred court-imposed financial obligations arising from a traffic or misdemeanor case in Rutherford County General Sessions or Circuit Court; and (2) were supervised on probation in that case by Providence Community Corrections, Inc. or Rutherford County’s Probation Department. Part of that settlement agreement was approved on October 5, 2017, and allowed for the payment of $14,300,000 to the class, with attorneys’ fees coming out of that payment as well. $14,000,000 WAS to be paid by PCC while the remaining $300,000 is to be paid by Rutherford county (though PCC agreed to pay Rutherford County 350,000 to supply this amount). The court certified the class, but, due to missing information about the amount of money each member of the class had incurred as a result of their probation, denied the settlement. The court then allowed the parties to file a new settlement agreement on or before October 18, 2017.

On October 18, 2017 the parties filed a second settlement agreement with the court. This was approved on July 18, 2018 by Judge David Lawson approved the final settlement agreement. Each named plaintiff received $10,000. Class members whose probation ended prior to October 1, 2014 was to receive 125% of the amount they paid to PCC from October 1, 2011 to October 1, 2014. Class members whose probation ended after October 1, 2014 were to receive 125% of fees actually paid and an additional $50 per month for each month on probation after October 1, 2014. The agreement also called for payments to the settlement fund administrator, and for attorneys fees and costs amounting to $1,395,761.39. Any remaining funds were to be distributed on a pro rata basis to class members.

The county also agreed to the issuance of a permanent inunction that prohibited an individual from being "held in jail for nonpayment of fines, fees, costs or a pre-probation revocation money bond imposed by a court without a determination, following a meaningful inquiry into the individual's ability to pay, that the the individual has the ability to pay such that any nonpayment is willful. The meaningful inquiry into the individual's ability to pay includes, but is not limited to, notice, an opportunity to present evidence, and assistance of appointed counsel." The court retained jurisdiction for purposes of enforcement.

The case is now closed.

Summary Authors

Dan Hofman (2/24/2016)

Cianan Lesley (11/8/2017)

Anna Belkin (10/29/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4383798/parties/rodriguez-v-providence-community-corrections-inc/


Judge(s)

Holmes, Barbara D. (Tennessee)

Lawson, David M. (Michigan)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Esquivel, David R. (Tennessee)

Karakatsanis, Alec (District of Columbia)

Mothershead, Kyle F. (Tennessee)

Murray, Sarah D. (Tennessee)

Patterson, Lori H. (Tennessee)

Roberts, Kristine L. (Tennessee)

Judge(s)

Holmes, Barbara D. (Tennessee)

Lawson, David M. (Michigan)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Esquivel, David R. (Tennessee)

Karakatsanis, Alec (District of Columbia)

Mothershead, Kyle F. (Tennessee)

Murray, Sarah D. (Tennessee)

Patterson, Lori H. (Tennessee)

Roberts, Kristine L. (Tennessee)

Rossi, Elizabeth Anne (District of Columbia)

Telfeyan, Phil (District of Columbia)

Thomas, Claire V. (Tennessee)

White, Matthew G. (Tennessee)

Attorneys(s) for Defendant

Abascal, Manuel A. (California)

Cope, James C. (Tennessee)

Garner, B Allen (Missouri)

Gerchik, Julie R.F. (California)

Kelley, Robin A. (California)

McCreary, Josh A. (Tennessee)

Rivera, Lisa S. (Tennessee)

Walker, Kathryn Hannen (Tennessee)

Other Attorney(s)

Cramer, Phillip C. (Tennessee)

Hickman, Scott (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

Rodriguez v. Providence Community Corrections, Inc.

Sept. 28, 2018 Docket
1

Complaint

Oct. 1, 2015 Complaint
13

Order

Oct. 2, 2015 Order/Opinion
9

Memorandum [Granting Preliminary Injunction]

155 F.Supp.3d 758, 2015 WL 9239821

Oct. 2, 2015 Order/Opinion
19

Stipulation and Order Converting Temporary Restraining Order into a Preliminary Injunction

Oct. 13, 2015 Order/Opinion
190-1

Settlement Agreement and Release

Sept. 18, 2017 Settlement Agreement
191

Order Granting in Part Unopposed Motion to Approval Settlement Class and Denying Approval of Proposed Settlement Agreement

Oct. 5, 2017 Order/Opinion
228

Order Granting Final Approval of Class Settlement and Plan of Allocation, Granting Motions for Attorney's Fees, Granting Permanent Injunction, and Dismissing Case

Rodriguez v. Providence Community Corrections, Inc.

July 5, 2018 Order/Opinion
229

Amended Order Granting Final Approval of Class Settlement and Plan of Allocation, Granting Motions for Attorney's Fees, Granting Permanent Injunction and Dismissing Case

Rodriguez v. Providence Community Corrections, Inc.

July 18, 2018 Order/Opinion
34

Order

Rodriguez v. Providence Community Corrections, Inc.

U. S. Court of Appeals for the Sixth Circuit

Sept. 28, 2018 Order/Opinion

Resources

Title Description External URL

Rodriguez v. Providence Community Corrections

Equal Justice Under Law

In 2015, Equal Justice Under Law went on a six-month investigation — initially led with a team of Harvard Law School Students on Spring Break — and exposed rampant corruption, racketeering, and const… Oct. 1, 2015 https://equaljusticeunderlaw.org/case-pcc-probation

Rodriguez v. Providence Community Corrections

Fines & Fees Justice Center

Providence Community Corrections (PCC), a private for-profit organization, was the manager of the misdemeanor probation system for Rutherford County, Tennessee. Those who could afford to pay the fees… Oct. 19, 2015 https://finesandfeesjusticecenter.org/articles/rodriguez-v-providence-community-corrections/

Rutherford County, TN: Private Probation

Civil Rights Corps

Civil Rights Corps recently announced a landmark settlement in a first-of-its-kind class action case in federal court against Rutherford County and PCC, Inc., a private probation company that made mi… July 5, 2018 http://www.civilrightscorps.org/work/case/rutherford-county-tn-private-probation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383798/rodriguez-v-providence-community-corrections-inc/

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

ECF Number Description Date Link
1

COMPLAINT filed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, & Yolanda Carney against Providence Community Corrections, Inc., et al. (Filing fee $400; receipt number 0650-2069271) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Attachment Civil Cover Sheet)(af) (Entered: 10/01/2015)

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 Attachment Civil Cover Sheet

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Oct. 1, 2015 RECAP

Motion Hearing

Oct. 1, 2015 PACER
2

MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Jacqueline Brinkley, et al. (af) (Additional attachment(s) added on 10/1/2015: # 1 Attachment Proposed TRO) (af). (Entered: 10/01/2015)

1 Attachment Proposed TRO

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Oct. 1, 2015 PACER
3

MEMORANDUM in Support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jacqueline Brinkley, et al. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(af) (Entered: 10/01/2015)

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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Oct. 1, 2015 PACER
4

RULE 65 DECLARATION of Jonathan Cole filed by Jacqueline Brinkley, et al in support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (af) (Entered: 10/01/2015)

Oct. 1, 2015 PACER
5

Summons issued as to all Defendants. (af) (Entered: 10/01/2015)

Oct. 1, 2015 PACER
6

MOTION for attorney(s) Alec Karakatsanis to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2069446) by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Attachment Certificate of Good Standing)(Cole, Jonathan) (Entered: 10/01/2015)

1 Attachment Certificate of Good Standing

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Oct. 1, 2015 PACER
7

MOTION for attorney(s) Phil Telfeyan to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2069461) by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Attachment Certificate of Good Standing)(Cole, Jonathan) (Entered: 10/01/2015)

1 Attachment Certificate of Good Standing

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Oct. 1, 2015 PACER

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 10/1/2015 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jacqueline Brinkley. Hearing continued to October 2, 2015, at 3:00 p.m. (Court Reporter Wynette Blathers.) (ab)

Oct. 1, 2015 PACER
8

NOTICE of Appearance by Josh A. McCreary on behalf of Rutherford County, Tennessee (McCreary, Josh) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
9

SUPPLEMENT filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez re 2 Motion for TRO, Motion for Preliminary Injunction, 3 Memorandum in Support,. (Cole, Jonathan) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
10

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Memorandum of Law filed by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
11

ORDER granting 6 Motion for Alec Karakatsanis to Appear Pro Hac Vice. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (af) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
12

ORDER granting 7 Motion for Phil Telfeyan to Appear Pro Hac Vice. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (af) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
13

ORDER granting 2 Motion for TRO. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 10/02/2015)

Oct. 2, 2015 RECAP
14

ORDER: This Court has scheduled a hearing on Plaintiffs' request for a preliminary injunction for 3:00 PM on Friday, October 16, 2015. The following briefing deadlines shall apply: Defendants shall be permitted to file a response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Docket No. 2 ) on or before 12:00 PM on Tuesday, October 13, 2015. Defendants' response brief shall not exceed twenty (20) pages. Plaintiffs shall be permitted to file a reply brief on or before 12:00 PM on Thursday, October 15, 2015. Plaintiffs' reply brief shall not exceed five (5) pages. By close of business on October 13, 2015, the parties shall exchange witness and exhibit lists. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 10/5/2015. (hb) (Entered: 10/05/2015)

Oct. 5, 2015 RECAP
15

NOTICE of Appearance by Lisa S. Rivera on behalf of Providence Community Corrections, Inc. (Rivera, Lisa) (Entered: 10/06/2015)

Oct. 6, 2015 PACER
16

NOTICE of Appearance by Kathryn Hannen Walker on behalf of Providence Community Corrections, Inc. (Walker, Kathryn) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
17

NOTICE of Appearance by Lisa S. Rivera on behalf of Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee (Rivera, Lisa) (Entered: 10/08/2015)

Oct. 8, 2015 PACER

BAR STATUS for Attorneys, Lisa S. Rivera and Kathryn Hannen Walker of TN, verified as active on this date. (afs)

Oct. 9, 2015 PACER

Docket Annotation

Oct. 9, 2015 PACER
18

MOTION for Entry of Stipulated Preliminary Injunction by Providence Community Corrections, Inc.. (Attachments: # 1 Exhibit 1 - Proposed Stipulation and Order)(Rivera, Lisa) (Entered: 10/09/2015)

1 Exhibit 1 - Proposed Stipulation and Order

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Oct. 9, 2015 PACER

BAR STATUS for Attorney, Josh McCreary of TN, verified as active on this date. (afs)

Oct. 13, 2015 PACER

Docket Annotation

Oct. 13, 2015 PACER
19

STIPULATION AND ORDER CONVERTING TEMPORAY RESTRAINING ORDER INTO A PRELIMINARY INJUNCTION. Signed by Chief Judge Kevin H. Sharp on 10/13/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
20

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Providence Community Corrections, Inc. served on 10/1/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
21

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Yolanda Carney. Rutherford County, Tennessee served on 10/1/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
22

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
23

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Amanda Schexnayder served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
24

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Amanda Roberts served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
25

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kelly Haley served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
26

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kelly McCall served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
27

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Jasmine Jackson served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
28

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kayla Banks served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
29

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Briana Woodlee served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
30

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Tiara Smith served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
31

SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Nisha Hyde served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
32

MOTION for Extension of Time to File Answer or Responsive Pleading by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
33

MEMORANDUM in Support of 32 MOTION for Extension of Time to File Answer or Responsive Pleading filed by Rutherford County, Tennessee . (McCreary, Josh) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
34

MOTION for Extension of Time to File Answer - Defendants' Unopposed Motion for an Extension of Time to Respond to the Complaint by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Rivera, Lisa) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
35

NOTICE of Appearance by David R. Esquivel on behalf of Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Tiara Smith, Briana Woodlee (Esquivel, David) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
36

MOTION for Preliminary Injunction by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
37

MEMORANDUM in Support of 36 MOTION for Preliminary Injunction filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez . (Attachments: # 1 Exhibit 1 - Gibbs Warrant, # 2 Exhibit 2 - Pullum Warrant, # 3 Exhibit 3 - Declaration of Paula Pullum, # 4 Attachment Proposed Preliminary Injunction)(Cole, Jonathan) (Entered: 10/21/2015)

1 Exhibit 1 - Gibbs Warrant

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2 Exhibit 2 - Pullum Warrant

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3 Exhibit 3 - Declaration of Paula Pullum

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4 Attachment Proposed Preliminary Injunction

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Oct. 21, 2015 PACER

BAR STATUS for Attorney, David R. Esquivel of TN, verified as active on this date. (afs)

Oct. 22, 2015 PACER

Docket Annotation

Oct. 22, 2015 PACER
38

ORDER: Evidentiary Hearing set for 11/6/2015 at 09:30 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Defendants shall be permitted to file a response to Plaintiffs' Motion for a Preliminary Injunction on or before 12:00 PM on Monday, November 2, 2015. Replies due by 11/5/2015. Signed by Chief Judge Kevin H. Sharp on 10/22/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/22/2015)

Oct. 22, 2015 PACER
39

RESPONSE in Opposition re 36 MOTION for Preliminary Injunction filed by Rutherford County, Tennessee. (Attachments: # 1 Exhibit A - TN AG Opinion 99-199, # 2 Exhibit B - TN Crim. Trial Prac 29:5)(McCreary, Josh) (Entered: 11/01/2015)

1 Exhibit A - TN AG Opinion 99-199

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2 Exhibit B - TN Crim. Trial Prac 29:5

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Nov. 1, 2015 PACER
40

MOTION for Leave to File Excess Pages by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Tiara Smith, Briana Woodlee. (Esquivel, David) (Entered: 11/02/2015)

Nov. 2, 2015 PACER
41

RESPONSE in Opposition re 36 MOTION for Preliminary Injunction filed by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Attachments: # 1 Attachment Unreported Cases)(Rivera, Lisa) (Entered: 11/02/2015)

1 Attachment Unreported Cases

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Nov. 2, 2015 PACER
42

ORDER granting 40 Motion for Leave to File Excess Pages. Signed by Chief Judge Kevin H. Sharp on 11/3/15. (afs) (Entered: 11/03/2015)

Nov. 3, 2015 PACER
43

MOTION for Leave to File Excess Pages by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 11/03/2015)

Nov. 3, 2015 PACER
44

REPLY to Response to Motion re 36 MOTION for Preliminary Injunction filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Exhibit 1 - $20,000 Warrant)(Cole, Jonathan) (Entered: 11/03/2015)

1 Exhibit 1 - $20,000 Warrant

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Nov. 3, 2015 PACER
45

REPLY to Response to Motion re 36 MOTION for Preliminary Injunction (Reply to PCC, Inc.'s Opposition to Plaintiffs' Motion for Preliminary Injunction) filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Attachment Exhibit List to Reply Brief, # 2 Exhibit 1 - Arrest Warrants for Nonpayment, # 3 Exhibit 2 - Arrest Warrants for Fred Robinson, # 4 Exhibit 3 - Warrants for Nonpayment for Classes, # 5 Exhibit 4 - Arrest Warrants with Secured Bail)(Cole, Jonathan) (Entered: 11/04/2015)

1 Attachment Exhibit List to Reply Brief

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2 Exhibit 1 - Arrest Warrants for Nonpayment

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3 Exhibit 2 - Arrest Warrants for Fred Robinson

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4 Exhibit 3 - Warrants for Nonpayment for Classes

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5 Exhibit 4 - Arrest Warrants with Secured Bail

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Nov. 4, 2015 PACER
46

MOTION for Leave to File Excess Pages by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
47

ORDER granting 46 Motion for Leave to File Excess Pages. Signed by Chief Judge Kevin H. Sharp on 11/5/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 11/05/2015)

Nov. 5, 2015 PACER
48

MOTION to Exclude Extraneous Exhibits by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Tiara Smith, Briana Woodlee. (Esquivel, David) (Entered: 11/06/2015)

Nov. 6, 2015 PACER

Motion Hearing

Nov. 6, 2015 PACER

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 11/6/2015 re 36 MOTION for Preliminary Injunction filed by Steven Gibbs, Paula Pullum, Cindy Rodriguez, Fred Robinson, Yolanda Carney, Jacqueline Brinkley, Curtis Johnston. Order to enter. (Court Reporter Wynette Blathers.) (ab)

Nov. 6, 2015 PACER
49

WITNESS/EXHIBIT LIST prepared by Deputy Clerk. re: Motion Hearing.(dt) (Entered: 11/06/2015)

Nov. 6, 2015 PACER
50

ORDER granting 43 Motion for Leave to File Excess Pages. Signed by Chief Judge Kevin H. Sharp on 11/9/15. (afs) (Entered: 11/09/2015)

Nov. 9, 2015 PACER
51

RESPONSE in Opposition re 36 MOTION for Preliminary Injunction PCC and Individual Defendants' Post-Hearing Memorandum in Opposition to Plantiffs' Motion for Preliminary Injunction filed by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Attachments: # 1 Exhibit 1 - Phillips Declaration)(Rivera, Lisa) (Entered: 11/09/2015)

1 Exhibit 1 - Phillips Declaration

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Nov. 9, 2015 PACER
52

OBJECTIONS to New Evidence Offered by PCC, Inc.. (Attachments: # 1 Attachment 1 Example of Court Documents)(Cole, Jonathan) (Entered: 11/16/2015)

1 Attachment 1 Example of Court Documents

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Nov. 16, 2015 PACER
53

Second MOTION for Extension of Time to File Answer or Responsive Pleading by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
54

MEMORANDUM in Support of 53 Second MOTION for Extension of Time to File Answer or Responsive Pleading filed by Rutherford County, Tennessee . (McCreary, Josh) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
55

MOTION for Extension of Time to File Answer PCC Defendants' Unopposed Motion for an Extension of Time to Respond to the Complaint by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Rivera, Lisa) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
56

ORDER REFERRING CASE: This case is hereby referred to the Magistrate Judge for case management purposes pursuant to Local Rule 16.01. to Magistrate Judge Barbara D. Holmes. Signed by Chief Judge Kevin H. Sharp on 11/20/15. (afs) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
57

SUPPLEMENT filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez re 52 Objections. (Cole, Jonathan) (Entered: 11/24/2015)

Nov. 24, 2015 PACER
58

ORDER: Case Management Conference set for 12/7/2015 at 11:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes Pending are four motions for extension of time, Docket Entry Nos. 32, 34, 53 and 55 . All four motions are unopposed and are GRANTED. All Defendants are granted until December 2, 2015, to file a responsive pleading.Signed by Magistrate Judge Barbara D. Holmes on 11/30/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified TEXT on 11/30/2015 (afs). (Entered: 11/30/2015)

Nov. 30, 2015 PACER
59

MOTION to Dismiss by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 12/02/2015)

Dec. 2, 2015 RECAP
60

MEMORANDUM in Support of 59 MOTION to Dismiss filed by Rutherford County, Tennessee . (McCreary, Josh) (Entered: 12/02/2015)

Dec. 2, 2015 PACER
61

MOTION to Dismiss by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Rivera, Lisa) (Entered: 12/02/2015)

Dec. 2, 2015 PACER
62

MEMORANDUM in Support of 61 MOTION to Dismiss filed by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Rutherford County, Tennessee, Amanda Schexnayder, Tiara Smith, Briana Woodlee . (Attachments: # 1 Exhibit 1 - Appendix of Unreported Cases)(Rivera, Lisa) (Entered: 12/02/2015)

1 Exhibit 1 - Appendix of Unreported Cases

View on PACER

Dec. 2, 2015 RECAP
63

CORPORATE DISCLOSURE STATEMENT filed by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Rivera, Lisa) (Entered: 12/02/2015)

Dec. 2, 2015 PACER
64

Joint MOTION to Continue Case Management Conference by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
65

ORDER granting 64 Motion to Continue Case Management Conference. ICMC is reset for 1/21/2016 at 11:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 12/7/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
66

MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss, 59 MOTION to Dismiss by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
67

ORDER granting 66 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Kevin H. Sharp on 12/16/15. (afs) (Entered: 12/17/2015)

Dec. 16, 2015 PACER
68

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 12/17/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 12/17/2015)

Dec. 17, 2015 RECAP
69

ORDER: Upon consideration of Plaintiffs' Motion for Preliminary Injunction (Docket No. 36 ), it is hereby ORDERED that the Motion is GRANTED. Signed by Chief Judge Kevin H. Sharp on 12/17/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 12/17/2015)

Dec. 17, 2015 PACER
70

Transcript filed for dates of 11/6/15 before Judge Kevin Sharp. Court Reporter/Transcriber: Wynette Blathers, 404-215-1547, wynette_blathers@gand.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 12/24/2015. Redaction Request due 1/7/2016. Redacted Transcript Deadline set for 1/19/2016. Release of Transcript Restriction set for 3/16/2016. (afs) (Entered: 12/17/2015)

Dec. 17, 2015 PACER
71

NOTICE OF APPEAL as to 69 Order on Motion for Preliminary Injunction, by Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Tiara Smith. Filing fee $ 505, receipt number 0650-2128205. (Esquivel, David) (Entered: 01/15/2016)

Jan. 15, 2016 PACER

Telephone Conference

Jan. 15, 2016 PACER

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 1/15/2016; ORDER to enter, CMC cont. to 3-24-16 At 2:00 pm. (Tape #not recorded.) (jwc)

Jan. 15, 2016 PACER
72

NOTICE OF APPEAL as to 69 Order on Motion for Preliminary Injunction, by Rutherford County, Tennessee. Filing fee $ 505, receipt number 0650-2128305. (McCreary, Josh) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
73

ORDER: Case Management Conference reset for 3/24/2016 at 02:00 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. By no later than January 22, 2016, Defendants shall file any motion seeking a stay of some or all of the proceedings, including discovery, in this case. By no later than January 29, 2016, Plaintiffs shall file their response. Any reply by Defendants, which is optional, shall be filed by no later than February 5, 2016. Signed by Magistrate Judge Barbara D. Holmes on 1/15/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
74

MOTION for Leave to File Excess Pages in Response to PCC, Inc. Motion to Dismiss by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (White, Matthew) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
75

RESPONSE in Opposition re 61 MOTION to Dismiss of PCC, Inc., filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (White, Matthew) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
76

RESPONSE in Opposition re 59 MOTION to Dismiss of Rutherford County filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (White, Matthew) (Entered: 01/15/2016)

Jan. 15, 2016 PACER

USCA Case Number 16-5057 - Jeanine R. Hance, Case Manager, for 71 Notice of Appeal, filed by Kelly McCall, Providence Community Corrections, Inc., Jasmine Jackson, Kelly Haley, Nisha Hyde, Tiara Smith. (afs)

Jan. 19, 2016 PACER

USCA Case Number

Jan. 19, 2016 PACER
77

ORDER granting 74 Motion for Leave to File Excess Pages. Signed by Chief Judge Kevin H. Sharp on 1/19/16. (afs) (Entered: 01/19/2016)

Jan. 19, 2016 PACER

USCA Case Number 16-5058 - Jeanine R. Hance, Case Manager, for 72 Notice of Appeal filed by Rutherford County, Tennessee. (afs)

Jan. 19, 2016 PACER
78

MOTION to Stay Discovery by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Tiara Smith, Briana Woodlee. (Esquivel, David) (Entered: 01/22/2016)

Jan. 22, 2016 PACER
79

MEMORANDUM in Support of 78 MOTION to Stay Discovery filed by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Tiara Smith, Briana Woodlee . (Attachments: # 1 Attachment Appendix of Unpublished Cases)(Esquivel, David) (Entered: 01/22/2016)

1 Attachment Appendix of Unpublished Cases

View on PACER

Jan. 22, 2016 PACER
80

NOTICE of Filing of Transcript by court reporter, Wynette Blathers. (af) (Entered: 01/25/2016)

Jan. 25, 2016 PACER
81

First MOTION to Stay Pending Appeal by Rutherford County, Tennessee. (Cope, Edward) (Entered: 01/26/2016)

Jan. 26, 2016 PACER
82

MEMORANDUM in Support of 81 First MOTION to Stay Pending Appeal filed by Rutherford County, Tennessee . (Cope, Edward) (Entered: 01/26/2016)

Jan. 26, 2016 PACER
83

RESPONSE to Motion re 78 MOTION to Stay Discovery filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
84

RESPONSE in Opposition re 81 First MOTION to Stay Pending Appeal filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Cole, Jonathan) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
85

REPLY to Response to 78 MOTION to Stay Discovery filed by Rutherford County, Tennessee. (McCreary, Josh) Modified on 2/10/2016 (afs). (Entered: 02/05/2016)

Feb. 5, 2016 PACER

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Oct. 1, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indigent individuals on probation in Rutherford County, TN receiving unduly harsh penalties for inability to pay probation fees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Providence Community Corrections (Murfreesboro, Rutherford), Private Entity/Person

Rutherford County (Rutherford), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Excessive bail/fines

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 14,300,000

Order Duration: 2015 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Conflict of interest

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Poverty/homelessness