Case: Simms v. District of Columbia

1:12-cv-00701 | U.S. District Court for the District of Columbia

Filed Date: May 1, 2012

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 1, 2012, a D.C. resident whose car was seized by Metropolitan Police Department officers filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the District of Columbia under Bivens, claiming that their actions were a violation of the Fifth Amendment due process clause. The plaintiff, represented by the D.C. Public Defender Service, asked the court for declaratory and injunctive relief. The plaintiff claimed that the D.C. policy of seizing and ret…

On May 1, 2012, a D.C. resident whose car was seized by Metropolitan Police Department officers filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the District of Columbia under Bivens, claiming that their actions were a violation of the Fifth Amendment due process clause. The plaintiff, represented by the D.C. Public Defender Service, asked the court for declaratory and injunctive relief. The plaintiff claimed that the D.C. policy of seizing and retaining private vehicles pending civil forfeiture proceedings without providing vehicle owners with a post-deprivation hearing before a neutral arbiter was unconstitutional.

The plaintiff was charged with several crimes relating to alleged possession of a firearm and was acquitted of all charges by jury trial. When seeking the return of his car, the police officers required him to pay a bond of over $1200 in order to challenge their possession of the vehicle. After reducing the bond to $800, the plaintiff began civil forfeiture proceedings but was not allowed to use the car in the interim.

On July 6, 2012, Judge Emmet G. Sullivan granted the plaintiff's motion for a preliminary injunction. The court found that the District's failure to provide a post-seizure hearing to plaintiff violated his due process rights and ordered District to release the vehicle pending the forfeiture hearing, ordered the plaintiff to keep his vehicle and maintain insurance during the hearing, and gave the plaintiff a security deposit pursuant to Federal Rule of Civil Procedure 65(c) for $1000.

On October 19, 2012, the parties agreed to a private settlement that is not publicly available.

Summary Authors

Neil Tiwari (9/26/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4989305/parties/simms-v-district-of-columbia/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Karakatsanis, Alec (District of Columbia)

Levick, Sandra Kay (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Attorneys(s) for Defendant

Copeland, Chad Wayne (District of Columbia)

Efros, Ellen A. (District of Columbia)

Graham, Grace (District of Columbia)

Lerner, Jacques Phillip (District of Columbia)

Nathan, Irvin B (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Karakatsanis, Alec (District of Columbia)

Levick, Sandra Kay (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Attorneys(s) for Defendant

Copeland, Chad Wayne (District of Columbia)

Efros, Ellen A. (District of Columbia)

Graham, Grace (District of Columbia)

Lerner, Jacques Phillip (District of Columbia)

Nathan, Irvin B (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-00701

Docket [PACER]

Oct. 19, 2012

Oct. 19, 2012

Docket
1

1:12-cv-00701

Complaint

May 1, 2012

May 1, 2012

Complaint
20

1:12-cv-00701

Memorandum Opinion [Granting Preliminary Injunction]

872 F.Supp.2d 90

July 6, 2012

July 6, 2012

Order/Opinion
30

1:12-cv-00701

Stipulation of Settlement and Dismissal

Oct. 19, 2012

Oct. 19, 2012

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4989305/simms-v-district-of-columbia/

Last updated July 21, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER ( Filing fee $350, receipt number 4616047891) filed by FREDERICK SIMMS. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Additional attachment(s) added on 5/3/2012: # 2 Exhibit A) (dr). (Entered: 05/02/2012)

May 1, 2012

May 1, 2012

PACER

SUMMONS (3) Issued as to DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER, District of Columbia Attorney General, and the District of Columbia Mayor. (jf, )

May 1, 2012

May 1, 2012

PACER
2

MOTION for Preliminary Injunction by FREDERICK SIMMS (jf, ) (Entered: 05/02/2012)

May 1, 2012

May 1, 2012

PACER

MINUTE ORDER; Telephone Conference is set for 5/4/2012 at 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan.. Signed by Judge Emmet G. Sullivan on 5/3/12. (clv, )

May 3, 2012

May 3, 2012

PACER
3

NOTICE of Appearance by Jacques P. Lerner on behalf of DISTRICT OF COLUMBIA, VINCENT GRAY (Lerner, Jacques) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER

MINUTE ORDER. In light of the parties' agreement during the telephonic status conference held on the record on May 4, 2012, the parties are hereby directed to comply with the following briefing schedule for plaintiffs motion for preliminary injunction. The parties shall file a joint status report containing their positions on consolidation on the merits under Federal Rule of Civil Procedure 65(a)(2), as well as the likelihood of settlement, by no later than May 9, 2012. Defendants opposition to the motion for preliminary injunction shall be filed by no later than May 16, 2012. Plaintiffs reply shall be filed by no later than May 23, 2012. A hearing on the motion will be held on June 6, 2012 at 2:00 PM in Courtroom 24A. The parties are further directed to deliver to the chambers of the Honorable Emmet G. Sullivan two copies of their pleadings and exhibits as well as binders containing one copy of the principal points and authorities relied upon by the parties (i.e., counsel should provide copies of principal cases, statutes, regulations, etc., but need not provide copies of cases relied upon merely for the standard of review or other well-established principles). Signed by Judge Emmet G. Sullivan on May 4, 2012. (lcegs4)

May 4, 2012

May 4, 2012

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Telephone Conference held on 5/4/2012. (Court Reporter: Catalina Kerr) (tth) Modified on 5/8/2012 (clv, ).

May 4, 2012

May 4, 2012

PACER

Set/Reset Deadlines/Hearings: defendant's opposition to motion for preliminary injunction due by 5/16/2012; plaintiff's reply due by 5/23/2012; Status Report due by 5/9/2012; Preliminary Injunction Hearing set for 6/6/2012 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

May 7, 2012

May 7, 2012

PACER
4

STATUS REPORT (Joint Status Report) by FREDERICK SIMMS. (Karakatsanis, Alec) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/2/2012. Answer due for ALL D.C. DEFENDANTS by 5/23/2012. (Karakatsanis, Alec) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 05/02/2012. (Karakatsanis, Alec) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CATHY LANIER served on 5/2/2012 (Karakatsanis, Alec) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER

NOTICE OF ERROR re 4 Status Report; emailed to akarakatsanis@pdsdc.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature (jf, )

May 10, 2012

May 10, 2012

PACER
8

NOTICE of Appearance by Jacques P. Lerner on behalf of CATHY LANIER (Lerner, Jacques) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
9

Memorandum in opposition to re 2 MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER. (Attachments: # 1 Exhibit)(Lerner, Jacques) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER

MINUTE ORDER directing both parties to immediately comply with the minute order dated May 4, 2012 directing the parties to deliver certain pleadings and authorities to chambers. The plaintiff and the defendant shall comply with the Court's May 4, 2012 Minute Order as to the motion for preliminary injunction and the opposition by no later than 4pm on Friday, May 18, 2012. SO ORDERED.Signed by Judge Emmet G. Sullivan on May 17, 2012. (lcegs4)

May 17, 2012

May 17, 2012

PACER

Set/Reset Deadlines: opposition due by 4:00 p.m. on 5/18/2012 (clv, )

May 18, 2012

May 18, 2012

PACER
10

NOTICE Status of D.C. Office of Attorney General's Decision on Civil Forfeiture by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER (Lerner, Jacques) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

RECAP
11

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER (Lerner, Jacques) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER

MINUTE ORDER granting 11 consent motion for extension of time to respond to complaint. The defendants shall answer or otherwise respond to the complaint by no later than June 29, 2012. Signed by Judge Emmet G. Sullivan on May 23, 2012. (lcegs4)

May 23, 2012

May 23, 2012

PACER
12

REPLY to opposition to motion re 2 MOTION for Preliminary Injunction filed by FREDERICK SIMMS. (Karakatsanis, Alec) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER

MINUTE ORDER. The Court is currently presiding over a civil jury trial which is expected to last through June 6. Accordingly, the hearing scheduled for June 6, 2012 at 2:00 pm is moved to June 6, 2012 at 4:30 pm in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. Signed by Judge Emmet G. Sullivan on June 1, 2012. (lcegs4)

June 1, 2012

June 1, 2012

PACER

Set/Reset Hearings: Preliminary Injunction Hearing set for 6/6/2012 04:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )

June 4, 2012

June 4, 2012

PACER

MINUTE ORDER. The Court, sua sponte, schedules a telephonic status hearing in this matter today, Monday, June 4, 2012, at 4:45 PM. Counsel are instructed to jointly call Courtroom 24A at 202 354 3171 at 4:45 PM. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on June 4, 2012. (lcegs4)

June 4, 2012

June 4, 2012

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Telephone Conference held on 6/4/2012, Status Conference set for 6/6/2012 04:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter CATALINA KERR.) (clv, )

June 4, 2012

June 4, 2012

PACER
13

NOTICE of Filing by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER (Attachments: # 1 Exhibit Libel of Information)(Lerner, Jacques) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 6/6/2012; Districts Supplemental Memorandum due by 6/9/2012; Preliminary Injunction Hearing set for 6/13/2012 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter CATALINA KERR.) (clv, )

June 6, 2012

June 6, 2012

PACER
14

Memorandum in opposition to re 2 MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER. (Attachments: # 1 Exhibit Exhibit 1 - Criminal docket, # 2 Exhibit Exhibit 2 - Declaration of Leroy Clay, # 3 Exhibit Exhibit 3 - Supplemental Declaration of Lt. Derek Gray)(Lerner, Jacques) . (Entered: 06/09/2012)

June 9, 2012

June 9, 2012

PACER

NOTICE OF ERROR re 14 Supplemental Memorandum; emailed to jacques.lerner@dc.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. document not linked to correct event (jf, )

June 11, 2012

June 11, 2012

PACER
15

RESPONSE re 14 Supplemental Memorandum, filed by FREDERICK SIMMS. (Karakatsanis, Alec) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Preliminary Injunction held on 6/13/2012. Order to be presented. (Court Reporter CATALINA KERFR.) (clv, )

June 13, 2012

June 13, 2012

PACER

MINUTE ORDER. During the motions hearing on Wednesday, June 13, 2012, the court invited the parties to submit supplemental filings regarding the following issues: (1) whether a lienholder on an automobile must pay a bond as a claimant to start the forfeiture process, (2) the relevance of a Sup. Cr. Crim. R. Rule 41(g) motion to the civil forfeiture proceedings; (3) a lienholder's rights to an automobile if the owner stops paying the car note while the car is being held pending forfeiture, and (4) the public interest factor of the preliminary injunction inquiry. The parties shall file any supplemental pleadings, which shall not exceed 10 pages, by no later than June 22, 2012. Signed by Judge Emmet G. Sullivan on June 15, 2012. (lcegs4)

June 15, 2012

June 15, 2012

PACER

Set/Reset Deadlines: Supplemental Memorandum due by 6/22/2012. (clv, )

June 18, 2012

June 18, 2012

PACER
16

SUPPLEMENTAL MEMORANDUM to re 2 MOTION for Preliminary Injunction Pursuant to the Minute Order of June 15, 2012 filed by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER. (Lerner, Jacques) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
17

SUPPLEMENTAL MEMORANDUM to 2 Motion for Preliminary Injunction filed by FREDERICK SIMMS. (Mikkilineni, Tara) Modified to add link on 6/25/2012 (znmw, ). (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
18

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, MOTION for Summary Judgment by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER (Attachments: # 1 Exhibit Exhibits to Motion)(Lerner, Jacques) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
19

NOTICE of Filing re 18 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, MOTION for Summary Judgment by DISTRICT OF COLUMBIA, VINCENT GRAY, CATHY LANIER (Attachments: # 1 Exhibit)(Lerner, Jacques) Modified on 7/2/2012 (jf, ). (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
20

ORDER granting 2 Motion for Preliminary Injunction. Signed by Judge Emmet G. Sullivan on July 6, 2012. (lcegs4) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
21

MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on July 6, 2012. (lcegs4) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

RECAP
22

Unopposed MOTION for Extension of Time to File Response/Reply Defendants' Dismissal and Summary Judgment Motions by FREDERICK SIMMS (Karakatsanis, Alec) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER

MINUTE ORDER granting 22 unopposed motion for extension of time to respond to Defendants' dismissal and summary judgment motion. Plaintiff shall respond to the motion by no later than July 30, 2012; defendants shall reply by no later than August 10, 2012. Signed by Judge Emmet G. Sullivan on July 12, 2012. (lcegs4)

July 12, 2012

July 12, 2012

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 7/30/2012. Reply to Dispositive Motions due by 8/10/2012. (clv, )

July 12, 2012

July 12, 2012

PACER
23

Joint MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by FREDERICK SIMMS (Karakatsanis, Alec) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER

MINUTE ORDER granting 23 joint motion for enlargement of time. Plaintiff shall file his response to the motion to dismiss or, in the alternative, for summary judgment by no later than August 30, 2012, and defendants shall file their reply by no later than September 12, 2012. Signed by Judge Emmet G. Sullivan on July 25, 2012. (lcegs4)

July 25, 2012

July 25, 2012

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 8/30/2012. Reply to Dispositive Motions due by 9/12/2012. (clv, )

July 26, 2012

July 26, 2012

PACER
24

Joint MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION for Summary Judgment by DISTRICT OF COLUMBIA, VINCENT C. GRAY, CATHY LANIER, FREDERICK SIMMS (Mikkilineni, Tara) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER

MINUTE ORDER granting 24 joint motion for an additional enlargement of time. Plaintiff shall respond to Defendants' Motion to dismiss or, in the alternative for Summary Judgment, by no later than October 1, 2012. Defendants shall file their reply by no later than October 10, 2012. Signed by Judge Emmet G. Sullivan on August 29, 2012. (lcegs4)

Aug. 29, 2012

Aug. 29, 2012

PACER
25

Emergency MOTION to Substitute Rule 65(c) Security by FREDERICK SIMMS (Attachments: # 1 Exhibit Receipt for cashier's check)(Mikkilineni, Tara) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER

DEPOSIT of Funds on July 9, 2012 as required by Federal Rule of Civil Procedure 65 by FREDERICK SIMMS in the amount of $ $1,000.00, Receipt Number 4616049872. (rdj)

Aug. 30, 2012

Aug. 30, 2012

PACER
26

ORDER granting 25 Motion to Substitute Rule 65(c) Security. Signed by Judge Emmet G. Sullivan on August 31, 2012. (lcegs4) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 10/1/2012. Reply to Dispositive Motions due by 10/10/2012. (clv, )

Sept. 3, 2012

Sept. 3, 2012

PACER
27

NOTICE of Appearance by Chad Wayne Copeland on behalf of All Defendants (Copeland, Chad) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
28

Joint MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION for Summary Judgment by FREDERICK SIMMS (Mikkilineni, Tara) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER

MINUTE ORDER granting 28 joint motion for an additional enlargement of time. Plaintiff shall respond to Defendants' Motion to dismiss or, in the alternative for Summary Judgment, by no later than November 1, 2012. Defendants shall file their reply by no later than November 10, 2012. Signed by Judge Emmet G. Sullivan on October 1, 2012. (lcegs4)

Oct. 1, 2012

Oct. 1, 2012

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 11/1/2012. Reply to Dispositive Motions due by 11/10/2012. (clv},

Oct. 1, 2012

Oct. 1, 2012

PACER
29

Joint MOTION for Release of Funds Rule 65(c) Security by FREDERICK SIMMS (Mikkilineni, Tara) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER

MINUTE ORDER granting 29 joint motion for release of Rule 65(c) funds. The Clerk of the Court is directed to forthwith release Rule 65(c) security funds in the amount of $1000 to Julia L. Leighton. Signed by Judge Emmet G. Sullivan on October 17, 2012. (lcegs4)

Oct. 17, 2012

Oct. 17, 2012

PACER
30

NOTICE of Settlement and Dismissal by All Parties (Karakatsanis, Alec) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2012

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

D.C. resident whose car was seized by MPD officers

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (Washington D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2012 - 2012

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Forfeiture

Race:

Race, unspecified

Affected Gender:

Male