Case: Robinson v. Farley

1:15-cv-00803 | U.S. District Court for the District of Columbia

Filed Date: June 1, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 1, 2015, a young man with cerebral palsy and his caretaker filed this suit in the U.S. District Court of the District of Columbia. The plaintiffs sued Prince George's County, Maryland and the District of Columbia as well as their respective police departments under 42 U.S.C. §1983, 42 U.S.C. § 1231 (Title II of the Americans with Disabilities Act), Section 504 of the Rehabilitation Act 29 U.S.C. § 701, and various state laws. The plaintiffs, represented by private counsel and the Washi…

On June 1, 2015, a young man with cerebral palsy and his caretaker filed this suit in the U.S. District Court of the District of Columbia. The plaintiffs sued Prince George's County, Maryland and the District of Columbia as well as their respective police departments under 42 U.S.C. §1983, 42 U.S.C. § 1231 (Title II of the Americans with Disabilities Act), Section 504 of the Rehabilitation Act 29 U.S.C. § 701, and various state laws. The plaintiffs, represented by private counsel and the Washington Lawyers' Committee for Civil Rights, asked the court for compensatory damages, punitive damages, attorneys' fees, and appropriate injunctive relief. Along with other Fourth Amendment violations, the plaintiffs claimed that the force used by the Prince George's County Police Department was excessive. The plaintiffs also claimed that the police departments had violated the Americans with Disabilities Act for not having training and protocols in place for arrests of individuals with disabilities.

The events that precipitated the lawsuits were alleged as follows. The plaintiff was waiting at a bus stop on his way to run errands. Members of the Prince George's County Police Department had made their way into the District of Columbia to search for car thieves. The officers noticed the plaintiffs sitting at the bus stop and gave him unfriendly looks. The officers claim this was because he matched the subject's description. Because the stares of the police officers made him uncomfortable, the plaintiff began to head back towards his house. The police then confronted the plaintiff. The officer asked for the plaintiff's identification and the plaintiff presented the officer with his disability identification card. The officer eventually followed the plaintiff into his apartment complex.

From there, the complaint alleges that neighbors and the plaintiff's caretaker got involved. The caretaker first entered the scene seeing the plaintiff sprawled on the steps, the much larger officer standing above him, TASER in hand. The plaintiff was able to get free of the officer and fled into his apartment. The officer drew his firearm, waving it at the neighbors who had congregated and proceeded to call for backup instead of attempting to deescalate the situation. All the while, the plaintiff's caretaker and neighbor tried to explain to the officer that the plaintiff was disabled, and was, in fact, not capable of driving a car, let alone stealing a car. Eventually there were 29 police vehicles parked on the plaintiffs' block. The officers, some from the Prince George's County Sheriff's Office, the Prince George's County Police Department, and the District of Columbia's Metropolitan Police Department, entered the plaintiff's apartment without a warrant, with firearms drawn. When they found the plaintiff in his bathroom, they allegedly beat him. The plaintiff was marched outside in handcuffs, sent to the hospital-with heavy bruising, lacerations, and a TASER spike lodged in his back. The hospital remanded him to the Metropolitan Police Department, and he was detained overnight.

According to the complaint, no attempt was made to contact the plaintiff's family when the sole charge against him, misdemeanor assault of a police officer, was not prosecuted. The plaintiff's uncle found the plaintiff wandering, scared and confused, around the outside of the courthouse.

After the complaint was filed, the different parties each filed motions to dismiss. Prince George's County filed their motion on November 19, 2015 and the District of Columbia filed their motion to dismiss on December 1, 2015.

Two of the officers of the Prince George's County Police Department were served in September of 2015 but failed to respond to the claims. On January 13, 2016, the plaintiffs moved for default judgment against the officers, who, a day later, filed a joint answer in the hopes that it would be accepted. The court (Judge Ketanji Brown Jackson) allowed the answer, saying in a minute order on January 14, 2016, that though neither officer sought leave to file the late answer, the court had a preference for deciding cases on the merits instead of on technicalities. The officers, also on January 14, 2016, filed their own motion to dismiss.

On May 11, 2016, the plaintiffs filed their second amended complaint, which dropped the official-capacity charges against the officers. Therefore, the motion to dismiss filed by the two Prince George's County officers was denied as moot. In the same minute order that denied the motion to dismiss, Judge Jackson issued a stay on the obligation of individual defendants to respond to the second amended complaint.

The second amended complaint also added charges against a new defendant: the state of Maryland. Specifically, Maryland was charged with violating the ADA. On May 16, 2016, the state of Maryland filed a motion to dismiss, and the case against Maryland was voluntarily dismissed on May 27, 2016.

On June 20, 2016, the United States Department of Justice filed a statement of interest in the case. In the statement, the DOJ asserted that arrest procedures were specifically considered during the drafting process of the ADA, and that the DOJ had in interest in the case not being dismissed.

On July 27, 2016, Judge Jackson denied Prince George's County and the District of Columbia's motions to dismiss and lifted the stay on the individual officer's obligations to respond to the second amended complaint, setting a due date in September. However, five days later on August 1, 2016, Prince George's County and its Police Officers filed a motion to bifurcate the case, hoping to separate the Monell claims from the individual claims. The defendants argued that the individual claims should be tried first, for convenience's sake. If the jury found that the plaintiff's rights had not been violated, then there could be no claim against the county or the district. Additionally, the defendants made the argument that even if the jury found against the individual officers, the monetary damages received would "obviate the need for a second trial." Finally, the defendants argued that the discovery information obtained and presented in arguing the custom of police brutality and disregard of the ADA that would be needed for the court or jury to find against Prince George's County would unfairly prejudice the jury or court against the individual officers.

On August 26, 2016, the plaintiffs filed a memorandum in opposition of the motion to bifurcate. They argued that the efficiency cited by the defendants was purely speculative and that staying discovery for the Monell claims until the possible second trial would be unfairly prejudicial against the plaintiffs. In the introduction, the plaintiffs implicitly asserted that in combination with the motions to dismiss, the bifurcation was simply a continuation of a pattern of attempts to prevent any discovery on the discriminatory practices of Prince George's County.

On September 14, 2016, Judge Jackson denied the motion for bifurcation without prejudice. Specifically, she stated that because the individual answers to the second amended complaint had not been filed, and because there was yet no discovery schedule set for the trial, the motion was premature. She stated that she would consider any motions for stays of discovery or bifurcation at a more appropriate time.

The officers answered the second amended complaint, and on October 7, 2016, the charged officers of the MPD filed a motion to dismiss. This time, the officers asserted that the charges against them were too vague to know whether or not they could claim qualified immunity.

On October 13, 2016, the plaintiffs filed their third amended complaint. As compared to the first complaint, it dropped the original due process claims and the claim based on the DC Human Rights Act Violation. Meanwhile, it added unlawful entry claims and negligent infliction of emotional distress in addition to the original intentional infliction of emotional distress claim. The third amended complaint also added a claim under section of 504 of the Rehabilitation Act, and added a section on the administrative notice the plaintiffs gave to both the District of Columbia and Prince George's County.

The court initially refused to rule on the defendant's qualified immunity claim because it found neither party had developed the argument sufficiently. After several months of supplemental briefing, the court held a motion hearing on the issue in April of 2017, and denied the motion to dismiss on September 1, 2017. 264 F. Supp. 3d 154. The court found that the complaint sufficiently stated a claim against the officers even though it did not allege exactly what actions each particular officer took.

The defendants filed a second motion to bifurcate and stay discovery on November 16, 2017, which the court granted in part and denied in part on January 16, 2018. Specifically, the court concluded that bifurcation of the Monell claims was appropriate for the purposes of trial, but that to avoid undue prejudice to the plaintiffs, the existing discovery schedule would proceed as to all claims. It went on to explain that after summary judgment, any surviving non-Monell claims would proceed to trial. After the initial trial, if there was reason to proceed on the Monell claims, a second trial addressing those would follow.

Since then, litigation has continued over various discovery disputes and the parties appear to have engaged in some settlement efforts. On September 24, 2018, the parties filed a joint consent to mediation by Magistrate Judge, and the case was referred to Magistrate Judge Deborah A. Robinson for mediation. While a settlement conference was initially scheduled for November of 2018, was rescheduled a number of times and was never actually held.

On April 25, 2019, the plaintiffs filed a motion for a preservation order for Prince George County defendants regarding the preservation of evidence. A discovery hearing was held before Judge Meriweather on May 20, 2019. The same day, at the request of the court, the plaintiffs filed a notice of discovery. The plaintiffs requested production of documents.

On October 29, 2019, the plaintiffs voluntarily dismissed the case against the Prince George County defendants because the parties had reached a private settlement. The claims against the D.C. defendants had not been resolved and were still subject to ongoing litigation. Three days layer, the case was referred to Magistrate Judge Robin M. Meriweather for full case management.

The case was administratively stayed on March 11, 2020 by Judge Meriweather because of the pending settlement. On May 28, 2020 the plaintiffs filed a stipulation of dismissal against all defendants because the parties had settled the matter privately. As of July 16, 2020, the court had not yet issued an order to dismiss the case with prejudice.

Summary Authors

Megan Brown (3/5/2017)

Chris Pollack (3/17/2019)

Sabrina Glavota (7/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4213721/parties/robinson-v-farley/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Blanchard, Alexander E. (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Crovetto, Alisha Marie (District of Columbia)

Handley, Matthew K. (District of Columbia)

Hunger, Sarah Ann (Illinois)

O'Reilly, William Vincent (District of Columbia)

Thatch, Christopher Nathan (District of Columbia)

Ward, Nathaniel (District of Columbia)

Wojdowski, Haley A. (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Blanchard, Alexander E. (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Crovetto, Alisha Marie (District of Columbia)

Handley, Matthew K. (District of Columbia)

Hunger, Sarah Ann (Illinois)

O'Reilly, William Vincent (District of Columbia)

Thatch, Christopher Nathan (District of Columbia)

Ward, Nathaniel (District of Columbia)

Wojdowski, Haley A. (District of Columbia)

Attorneys(s) for Defendant

Adams, Walter Esmond (District of Columbia)

Christie, John Warren (District of Columbia)

Eftekhari, Pegah Ebrahimi (District of Columbia)

Karpinski, Alex (District of Columbia)

King, Russell A Jr. (Maryland)

Levine, Jason Lee (Maryland)

Liew, Jordan En Liew (District of Columbia)

Pham, Tram T. (District of Columbia)

Pittman, Jonathan H. (District of Columbia)

Saginaw, Aimee Elizabeth (District of Columbia)

Snoddy, William Antoine (Maryland)

Teferi, Gessesse (Maryland)

Whitted, Stephen E (Maryland)

Expert/Monitor/Master

Oppenheimer, Elisabeth (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 28, 2020 Docket
138

Complaint

June 1, 2015 Complaint
38

Statement of Interest of the United States of America

June 20, 2016 Pleading / Motion / Brief
42

Defendants' Memorandum of Law in Support of the Motion for Bifurcation and Stay of Discovery

Aug. 1, 2016 Justification Memo
62

Third Amended Complaint

Oct. 13, 2016 Complaint
81

Order Denying Defendants' Motion to Dismiss

264 F.Supp.3d 154

Sept. 1, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4213721/robinson-v-farley/

Last updated May 20, 2022, 4:23 a.m.

ECF Number Description Date Link
1

COMPLAINT against ALL DEFENDANTS with Jury Demand ( Filing fee $ 400 receipt number 0090-4118332) filed by AGNES JOYCE ROBINSON, MICHAEL EUGENE ROBINSON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(Corkery, Dennis) (Entered: 06/01/2015)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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June 1, 2015 RECAP

Case Assigned to Judge Ketanji Brown Jackson. (md)

June 1, 2015 PACER
2

SUMMONS Issued Electronically as to BABCOCK, DISTRICT OF COLUMBIA, BRANDON CARL FARLEY, THOMAS HILLIGOSS, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY, PRINCE GEORGE'S COUNTY POLICE DEPARTMENT, PRINCE GEORGE'S COUNTY SHERIFF'S OFFICE, UNIDENTIFIED OFFICERS, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice of Consent) (md) (Entered: 06/03/2015)

June 3, 2015 PACER
3

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 06/25/2015. (lckbj1) (Entered: 06/25/2015)

June 25, 2015 PACER
4

NOTICE of Appearance by William Vincent O'Reilly on behalf of All Plaintiffs (O'Reilly, William) (Main Document 4 replaced on 9/25/2015) (jf). (Entered: 09/24/2015)

Sept. 24, 2015 PACER
5

AMENDED COMPLAINT against BABCOCK, DISTRICT OF COLUMBIA, BRANDON CARL FARLEY, THOMAS HILLIGOSS, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY, ALAN LARMORE, UNIDENTIFIED OFFICERS, EMPLOYEES, AND AGENTS with Jury Demand filed by AGNES JOYCE ROBINSON, MICHAEL EUGENE ROBINSON. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E (redline), # 6 Summons Larmore Summons)(O'Reilly, William) (Entered: 09/24/2015)

Sept. 24, 2015 PACER
6

NOTICE of Appearance by Alexander E. Blanchard on behalf of All Plaintiffs (Blanchard, Alexander) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
7

SUMMONS (1) Issued Electronically as to ALAN LARMORE. (jf) . (Entered: 09/25/2015)

Sept. 25, 2015 PACER
8

NOTICE of Appearance by Sarah Ann Hunger on behalf of All Plaintiffs (Hunger, Sarah) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
9

REQUEST FOR SUMMONS TO ISSUE by AGNES JOYCE ROBINSON, MICHAEL ROBINSON filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Summons Unidentified Employees and Agents of the District of Columbia's Metropolitan Police Department and Department of Corrections, # 2 Summons Unidentified Employees and Agents of Prince George's County, # 3 Summons Unidentified Officers, Employees, and Agents of the District of Columbia)(O'Reilly, William) (Entered: 09/27/2015)

Sept. 27, 2015 PACER
10

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 9/25/2015. Answer due for ALL D.C. DEFENDANTS by 10/16/2015. (Corkery, Dennis) (Entered: 09/30/2015)

Sept. 30, 2015 PACER
11

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 09/25/2015. (Corkery, Dennis) (Entered: 09/30/2015)

Sept. 30, 2015 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BABCOCK served on 9/28/2015, answer due 10/19/2015; BRANDON FARLEY served on 9/29/2015, answer due 10/20/2015; THOMAS HILLIGOSS served on 9/26/2015, answer due 10/17/2015; ALAN LARMORE served on 9/26/2015, answer due 10/17/2015; KENNETH MEUSHAW served on 9/29/2015, answer due 10/20/2015; PRINCE GEORGE'S COUNTY served on 9/25/2015, answer due 10/16/2015; UNIDENTIFIED OFFICERS, EMPLOYEES, AND AGENTS served on 9/25/2015, answer due 10/16/2015 (Corkery, Dennis) (Entered: 09/30/2015)

Sept. 30, 2015 PACER
13

NOTICE of Appearance by Matthew K. Handley on behalf of AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Handley, Matthew) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
14

Consent MOTION for Extension of Time to File Answer re 5 Amended Complaint, by DISTRICT OF COLUMBIA (Pittman, Jonathan) (Entered: 10/16/2015)

Oct. 16, 2015 PACER

MINUTE ORDER granting, for good cause shown, 14 Consent Motion for Extension of Time to Answer. The District of Columbia shall answer or otherwise respond to the Complaint by 11/25/2015. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 10/16/2015. (lckbj1)

Oct. 16, 2015 PACER
15

MOTION for Extension of Time to File Answer by BABCOCK, BRANDON FARLEY, THOMAS HILLIGOSS, PRINCE GEORGE'S COUNTY (Snoddy, William) (Entered: 10/16/2015)

Oct. 16, 2015 PACER

MINUTE ORDER granting in part and denying in part 15 Motion for Extension of Time to Answer. It is hereby ORDERED that the motion for an extension to answer is GRANTED and moving defendants shall answer or otherwise respond to the complaint by 11/25/2015. It is further ordered that plaintiffs' request for an extension of time to respond to the anticipated motion to dismiss is denied without prejudice as premature. Plaintiffs make seek an extension of time to respond after a motion is filed, in a motion that comports with the Court's General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 10/23/2015. (lckbj1)

Oct. 23, 2015 PACER
16

ANSWER to 5 Amended Complaint, by BABCOCK, BRANDON FARLEY, THOMAS HILLIGOSS. Related document: 5 Amended Complaint, filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON.(Snoddy, William) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
17

MOTION to Dismiss by PRINCE GEORGE'S COUNTY (Attachments: # 1 Exhibit !)(Snoddy, William) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
18

Consent MOTION for Extension of Time to Respond To Plaintiff's Complaint by DISTRICT OF COLUMBIA (Karpinski, Alex) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
19

Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Hunger, Sarah) (Entered: 11/30/2015)

Nov. 30, 2015 PACER

MINUTE ORDER granting, for good cause shown, 19 Consent Motion for Extension of Time to File Response re 17 Motion to Dismiss. Plaintiffs' response to 17 is due by 12/17/2015. Signed by Judge Ketanji Brown Jackson on 11/30/2015. (lckbj1)

Nov. 30, 2015 PACER

MINUTE ORDER granting, for good cause shown, 18 Motion for Extension of Time to Respond to Plaintiffs' Complaint, nunc pro tunc to 11/25/2015. The District of Columbia shall answer or otherwise respond to the complaint by 12/1/2015. Signed by Judge Ketanji Brown Jackson on 11/30/2015. (lckbj1)

Nov. 30, 2015 PACER
20

MOTION to Dismiss by DISTRICT OF COLUMBIA (Pittman, Jonathan) (Entered: 12/01/2015)

Dec. 1, 2015 PACER
21

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Hunger, Sarah) (Entered: 12/07/2015)

Dec. 7, 2015 PACER

MINUTE ORDER granting, for good cause shown, 21 Motion for Extension of Time to File Response/Reply re 20 Motion to Dismiss. Plaintiffs' response is due by 1/8/2016. Signed by Judge Ketanji Brown Jackson on 12/8/2015. (lckbj3, )

Dec. 8, 2015 PACER
22

Memorandum in opposition to re 17 MOTION to Dismiss filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Text of Proposed Order)(O'Reilly, William) (Entered: 12/17/2015)

Dec. 17, 2015 PACER
23

Memorandum in opposition to re 20 MOTION to Dismiss filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Text of Proposed Order)(O'Reilly, William) (Entered: 01/08/2016)

Jan. 8, 2016 PACER
24

AFFIDAVIT FOR DEFAULT by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Affidavit)(Blanchard, Alexander) (Entered: 01/12/2016)

Jan. 12, 2016 PACER
25

MILITARY AFFIDAVIT re 24 Affidavit for Default by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Blanchard, Alexander) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
26

MILITARY AFFIDAVIT re 24 Affidavit for Default by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Blanchard, Alexander) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
27

ANSWER to 5 Amended Complaint, by ALAN LARMORE, KENNETH MEUSHAW. Related document: 5 Amended Complaint, filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON.(Snoddy, William) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
28

MOTION to Dismiss by ALAN LARMORE, KENNETH MEUSHAW (Snoddy, William) (Entered: 01/14/2016)

Jan. 14, 2016 PACER

MINUTE ORDER. On September 26, 2015, Plaintiffs served their amended complaint in this matter on defendant Alan Larmore; three days later, on September 29, 2015, Plaintiffs also served defendant Kenneth Meushaw. Under Rule 4 of the Federal Rules of Civil Procedure, Larmore and Meushaw had until October 19, 2015, and October 20, 2015, respectively, to file their answers. As of January 12, 2016, neither had filed an answer, and Plaintiffs accordingly requested that the Clerk enter defaults against both Larmore and Meushaw. One day later, Larmore and Meushaw filed a joint answer to the amended complaint, and two days later moved to dismiss certain of Plaintiffs' claims against them. While neither Larmore nor Meushaw sought leave from this Court to file these documents out of time, in light of the judicial preference for resolving disputes on the merits rather than on technicalities, this Court will construe these Defendants' joint answer and motion to dismiss as a motion for leave to file these documents out of time, and so construed, it is hereby ordered that leave to file these documents out of time is GRANTED. It is FURTHER ORDERED that, in light of Defendant's filings, Plaintiffs' request for entry of default against Larmore and Meushaw is DENIED as moot. Signed by Judge Ketanji Brown Jackson on 1/14/2016. (lckbj1)

Jan. 14, 2016 PACER
29

MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss by DISTRICT OF COLUMBIA (Karpinski, Alex) (Entered: 01/19/2016)

Jan. 19, 2016 PACER

MINUTE ORDER granting, for good cause shown, 29 Motion for Extension of Time to File Reply re 20 Motion to Dismiss, nunc pro tunc. The District of Columbia's reply re 20 is due by 2/9/2016. Signed by Judge Ketanji Brown Jackson on 1/21/2016. (lckbj1)

Jan. 21, 2016 PACER
30

Memorandum in opposition to re 28 MOTION to Dismiss filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Text of Proposed Order)(O'Reilly, William) (Entered: 01/28/2016)

Jan. 28, 2016 PACER
31

REPLY to opposition to motion re 20 MOTION to Dismiss filed by DISTRICT OF COLUMBIA. (Karpinski, Alex) (Entered: 02/09/2016)

Feb. 9, 2016 PACER

MINUTE ORDER setting hearing on Defendant Prince George's County's 17 MOTION to Dismiss, Defendant District of Columbia's 20 Motion to Dismiss, and Defendants Larmore and Meushaw's 28 Motion to Dismiss on 5/24/2016 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on February 10, 2016. (lckbj3, )

Feb. 10, 2016 PACER
32

NOTICE of Appearance by Tram Pham on behalf of DISTRICT OF COLUMBIA (Pham, Tram) (Entered: 03/31/2016)

March 31, 2016 PACER
33

MOTION to Amend/Correct 5 Amended Complaint, by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Attachments: # 1 Exhibit 1 (Second Amended Complaint), # 2 Exhibit 2 (Redline), # 3 Exhibit 3 (Email Correspondence), # 4 Exhibit 4 (Disclosures))(O'Reilly, William) (Entered: 05/10/2016)

May 10, 2016 PACER

MINUTE ORDER. Upon consideration of Plaintiffs' 33 Motion for Leave to File a Second Amended Complaint, it is hereby ORDERED that Plaintiff's 33 motion is GRANTED in the interest of justice and, therefore, Plaintiffs' Second Amended Complaint is accepted as filed. It is FURTHER ORDERED that, in light of the filing of Plaintiff's Second Amended Complaint, which does not contain official-capacity claims against the individual officers, Defendants Larmore and Meushaw's 28 motion to dismiss is DENIED AS MOOT. The motions to dismiss filed by Prince George's County and the District of Columbia (ECF Nos. 17 & 20) will be construed as applying to the Second Amended Complaint, and Plaintiffs and these two defendants should be prepared to proceed with the 5/24/16 motions hearing. It is FURTHER ORDERED that the obligation of any of the individual defendants to answer or otherwise respond to the Second Amended Complaint is STAYED until further order of the Court. Signed by Judge Ketanji Brown Jackson on May 11, 2016. (lckbj3, )

May 11, 2016 PACER
34

SECOND AMENDED COMPLAINT against SEAN BABCOCK, DISTRICT OF COLUMBIA, BRANDON FARLEY, THOMAS HILLIGOSS, ALAN LARMORE, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY, UNIDENTIFIED OFFICERS, EMPLOYEES, AND AGENTS, TERRENCE WALKER, OSIRIS LOPEZ, TIMOTHY CORDERO, RENALDO MASON, DOUGLAS MCMILLIAN, MICHAEL MORRIS, LUIS ALBA DE JESUS, SHANNON HARRIS, JENNIFER GRAF, MICHELLE MUNAFO, PATRICK MARRON, PETER JOHNSON, CHANDLER COLEMAN, EVERETT MASON, JERRICK JEFFREYS, CORDELL BARBOUR, ROBERT WILSON, MICHAEL CICALE, TERRY HOOPER, DILLON WILLIAMS, JR, TERRENCE MORDECAI, CEDRIC HEYWARD, TRAVIS A. GRAY, PAUL SKELTON, ROBERT J. MUNN, MICHAEL A. PETTY, KYLE S. USKIEVICH, HOWARD CHAD, COLLIER RICE, JR, CHARLES GARRETT, JR, THOMAS L. LEWIS, III, STATE OF MARYLAND with Jury Demand filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON.(znmw) (Entered: 05/12/2016)

May 11, 2016 PACER
35

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by STATE OF MARYLAND (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Levine, Jason) (Entered: 05/16/2016)

May 16, 2016 PACER

MINUTE ORDER. The Motions Hearing previously scheduled for 5/24/16 is hereby VACATED and RESET for 6/21/2016 at 2:30 PM in Courtroom 17. The hearing will address the motions to dismiss filed by Prince George's County (ECF No. 17), the District of Columbia (ECF No. 20), and the State of Maryland (ECF No. 35), each of which will be ripe as of this rescheduled hearing date. Signed by Judge Ketanji Brown Jackson on May 16, 2016. (lckbj3, )

May 16, 2016 PACER
36

NOTICE OF SUPPLEMENTAL AUTHORITY by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Attachments: # 1 Exhibit A)(Blanchard, Alexander) (Entered: 05/20/2016)

May 20, 2016 PACER
37

NOTICE of Voluntary Dismissal re State of Maryland (Blanchard, Alexander) (Entered: 05/27/2016)

May 27, 2016 PACER

MINUTE ORDER denying as moot 35 Motion to Dismiss for Lack of Jurisdiction in light of Plaintiffs' 37 Notice of Voluntary Dismissal re State of Maryland. Signed by Judge Ketanji Brown Jackson on 06/01/2016. (lckbj1)

June 1, 2016 PACER
38

NOTICE of Statement of Interest by United States (Oppenheimer, Elisabeth) (Entered: 06/20/2016)

June 20, 2016 PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 6/21/2016. Oral arguments regarding 20 MOTION to Dismiss and 17 MOTION to Dismiss heard. Motions taken under advisement. (Court Reporter Barbara DeVico) (lsj)

June 21, 2016 PACER
39

NOTICE of Appearance by Alisha Marie Crovetto on behalf of All Plaintiffs (Crovetto, Alisha) (Entered: 06/28/2016)

June 28, 2016 PACER

MINUTE ORDER setting Status Conference for 7/27/2016 at 3:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on July 11, 2016. (lckbj3, )

July 11, 2016 PACER
40

REQUEST FOR SUMMONS TO ISSUE filed by MICHAEL ROBINSON, AGNES JOYCE ROBINSON. (Attachments: # 1 Summons Alba de Jesus, L., # 2 Summons Barbour, C., # 3 Summons Chad, H., # 4 Summons Cicale, M., # 5 Summons Coleman, C., # 6 Summons Cordero, T., # 7 Summons Garrett, C., # 8 Summons Graf, J., # 9 Summons Gray, T., # 10 Summons Harris, S., # 11 Summons Heyward, C., # 12 Summons Hooper, T., # 13 Summons Jeffreys, J., # 14 Summons Johnson, P., # 15 Summons Lewis, T., # 16 Summons Lopez, O., # 17 Summons Marron, P., # 18 Summons Mason, E., # 19 Summons Mason, R., # 20 Summons McMillian, D., # 21 Summons Mordecai, T., # 22 Summons Morris, M., # 23 Summons Munafo, M., # 24 Summons Munn, R., # 25 Summons Petty, M., # 26 Summons Rice, C., # 27 Summons Skelton, P., # 28 Summons Uskievich, K., # 29 Summons Walker, T., # 30 Summons Williams, D., # 31 Summons Wilson, R.)(Blanchard, Alexander) (Entered: 07/27/2016)

July 27, 2016 PACER
41

REQUEST FOR SUMMONS TO ISSUE filed by MICHAEL ROBINSON, AGNES JOYCE ROBINSON. (Attachments: # 1 Summons Nguyen, M.)(Blanchard, Alexander) (Entered: 07/27/2016)

July 27, 2016 PACER

Minute Entry for proceedings held on 7/27/2016 before Judge Ketanji Brown Jackson; Oral ruling of the court denying Motions 17 and 20 to Dismiss and lifting the stay. (Court Reporter Barbara DeVico) (nbn)

July 27, 2016 PACER

MINUTE ORDER. On July 27, 2016, the parties appeared before this Court for a status conference at which the Court issued an oral ruling on the pending motions to dismiss and lifted the stay on the obligation of the individual defendants to answer or otherwise respond to the Second Amended Complaint. At the conference, the Court indicated that the responses from the individual defendants would be due 21 days after service. However, in light of the fact that different defendants will likely be served at different times, thereby potentially generating dozens of different due dates, the Court has determined that it would be more efficient to set a single date by which all responses are due. Accordingly, it is hereby ORDERED that the individual defendants' responses to the Second Amended Complaint, as well as the District's responses to the relevant common law claims (Counts VII, IX, X, and XI), are due by September 21, 2016. Signed by Judge Ketanji Brown Jackson on July 28, 2016. (lckbj3, )

July 28, 2016 PACER
42

MOTION to Bifurcate MOTION to Stay of Discovery by SEAN BABCOCK, BRANDON FARLEY, THOMAS HILLIGOSS, ALAN LARMORE, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY (Attachments: # 1 Memorandum in Support)(Snoddy, William). Added MOTION to Stay on 8/2/2016 (jf). (Entered: 08/01/2016)

Aug. 1, 2016 PACER
43

SUMMONS Issued Electronically as to CORDELL BARBOUR, HOWARD CHAD, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, CHARLES GARRETT, JR, JENNIFER GRAF, TRAVIS A. GRAY, SHANNON HARRIS, CEDRIC HEYWARD, TERRY HOOPER, JERRICK JEFFREYS, PETER JOHNSON, THOMAS L. LEWIS, III, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, EVERETT MASON, DOUGLAS MCMILLIAN, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, ROBERT J. MUNN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH, TERRENCE WALKER, DILLON WILLIAMS, JR, ROBERT WILSON. (jf) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
44

SUMMONS Issued Electronically as to MINH N. NGUYEN. (jf) (Entered: 08/01/2016)

Aug. 1, 2016 PACER

NOTICE OF ERROR re 42 Motion to Bifurcate; emailed to wasnoddy@co.pg.md.us, cc'd 20 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE-Counsel is reminded to select all parts of their motion (jf, )

Aug. 2, 2016 PACER
45

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES GARRETT, JR served on 8/4/2016, answer due 9/21/2016; JENNIFER GRAF served on 8/4/2016, answer due 9/21/2016; SHANNON HARRIS served on 8/3/2016, answer due 9/21/2016; CEDRIC HEYWARD served on 8/4/2016, answer due 9/21/2016; TERRY HOOPER served on 8/4/2016, answer due 9/21/2016; PETER JOHNSON served on 8/4/2016, answer due 9/21/2016; PATRICK MARRON served on 8/4/2016, answer due 9/21/2016; RENALDO MASON served on 8/3/2016, answer due 9/21/2016; TERRENCE MORDECAI served on 8/3/2016, answer due 9/21/2016; MINH N. NGUYEN served on 8/4/2016, answer due 9/21/2016; MICHAEL A. PETTY served on 8/4/2016, answer due 9/21/2016; KYLE S. USKIEVICH served on 8/4/2016, answer due 9/21/2016; DILLON WILLIAMS, JR served on 8/2/2016, answer due 9/21/2016 (Blanchard, Alexander) (Entered: 08/05/2016)

Aug. 5, 2016 PACER
46

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EVERETT MASON served on 8/5/2016, answer due 9/21/2016 (Blanchard, Alexander) (Entered: 08/05/2016)

Aug. 5, 2016 PACER
47

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY CORDERO served on 8/8/2016, answer due 9/21/2016; JERRICK JEFFREYS served on 8/8/2016, answer due 9/21/2016; OSIRIS LOPEZ served on 8/8/2016, answer due 9/21/2016; MICHELLE MUNAFO served on 8/8/2016, answer due 9/21/2016; ROBERT WILSON served on 8/8/2016, answer due 9/21/2016 (Blanchard, Alexander) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
48

Consent MOTION for Extension of Time to Effectuate Service of Process by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Blanchard, Alexander) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
49

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 7-27-16; Page Numbers: 1-36. Date of Issuance:8-9-16. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/30/2016. Redacted Transcript Deadline set for 9/9/2016. Release of Transcript Restriction set for 11/7/2016.(DeVico, Barbara) (Entered: 08/09/2016)

Aug. 9, 2016 PACER

MINUTE ORDER granting, for good cause shown, 48 Motion for Extension of Time to Effectuate Service of Process. Plaintiffs shall effect service on defendants on or before 8/30/2016. Signed by Judge Ketanji Brown Jackson on 08/11/2016. (lckbj1)

Aug. 11, 2016 PACER
50

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT J. MUNN served on 8/6/2016, answer due 9/21/2016 (Attachments: # 1 Certified Mail Return Receipt)(Blanchard, Alexander) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
51

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL CICALE served on 8/9/2016, answer due 9/21/2016 (Crovetto, Alisha) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
52

Memorandum in opposition to re 42 MOTION to Bifurcate MOTION to Stay filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Text of Proposed Order)(O'Reilly, William) (Entered: 08/15/2016)

Aug. 15, 2016 PACER
53

Consent MOTION for Extension of Time to File Response/Reply to Opposition to Motion for Bifurcation and Stay of Discovery by SEAN BABCOCK, BRANDON FARLEY, THOMAS HILLIGOSS, ALAN LARMORE, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY (Snoddy, William) (Entered: 08/16/2016)

Aug. 16, 2016 PACER

MINUTE ORDER granting, for good cause shown, 53 Consent Motion for Extension of Time to File Response re 42 MOTION to Bifurcate MOTION to Stay, nunc pro tunc. Plaintiffs' response re 42 is due on or before 8/26/2016. Signed by Judge Ketanji Brown Jackson on 08/23/2016. (lckbj1)

Aug. 23, 2016 PACER
54

REPLY to opposition to motion re 42 MOTION to Bifurcate MOTION to Stay filed by SEAN BABCOCK, BRANDON FARLEY, THOMAS HILLIGOSS, ALAN LARMORE, KENNETH MEUSHAW, PRINCE GEORGE'S COUNTY. (Snoddy, William) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
55

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CORDELL BARBOUR served on 8/18/2016, answer due 9/21/2016; HOWARD CHAD served on 8/26/2016, answer due 9/21/2016; CHANDLER COLEMAN served on 8/24/2016, answer due 9/21/2016; LUIS ALBA DE JESUS served on 8/24/2016, answer due 9/21/2016; TRAVIS A. GRAY served on 8/19/2016, answer due 9/21/2016; THOMAS L. LEWIS, III served on 8/28/2016, answer due 9/21/2016; DOUGLAS MCMILLIAN served on 8/17/2016, answer due 9/21/2016; MICHAEL MORRIS served on 8/25/2016, answer due 9/21/2016; COLLIER RICE, JR served on 8/18/2016, answer due 9/21/2016; PAUL SKELTON served on 8/23/2016, answer due 9/21/2016; TERRENCE WALKER served on 8/25/2016, answer due 9/21/2016 (Crovetto, Alisha) (Entered: 08/29/2016)

Aug. 29, 2016 PACER

MINUTE ORDER. Upon consideration of Defendants Prince George's County, Brandon Farley, Thomas Hilligoss, Sean Babcock, Alan Larmore, and Kenneth Meushaw's 42 Motion to Bifurcate and Stay Discovery, it is hereby ORDERED that Defendants' motion is DENIED without prejudice as premature. This Court has not yet set a discovery schedule in this matter, nor have the parties had the opportunity to meet and confer to prepare a proposed discovery schedule, pursuant to Rule 16 of the Federal Rules of Civil Procedure. Moreover, as far as this Court is aware, the individual defendants' responses to the Second Amended Complaint, and also the District's responses to the relevant common law claims (Counts VII, IX, X, and XI) have yet to be filed. This Court will consider the parties' proposals regarding further proceedings, including any requests for stayed discovery and/or bifurcation, at an appropriate time in the future. Signed by Judge Ketanji Brown Jackson on 09/14/2016. (lckbj3)

Sept. 14, 2016 PACER
56

Consent MOTION for Extension of Time to File Answer by CORDELL BARBOUR, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, JENNIFER GRAF, SHANNON HARRIS, CEDRIC HEYWARD, TERRY HOOPER, JERRICK JEFFREYS, PETER JOHNSON, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, EVERETT MASON, DOUGLAS MCMILLIAN, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, TERRENCE WALKER, DILLON WILLIAMS, JR, ROBERT WILSON (Snoddy, William) (Entered: 09/16/2016)

Sept. 16, 2016 PACER

MINUTE ORDER granting, for good cause shown, 56 Consent Motion for Extension of Time to File Answer to Second Amended Complaint. Defendants CORDELL BARBOUR, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, JENNIFER GRAF, SHANNON HARRIS, CEDRIC HEYWARD, TERRY HOOPER, JERRICK JEFFREYS, PETER JOHNSON, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, EVERETT MASON, DOUGLAS MCMILLIAN, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, TERRENCE WALKER, DILLON WILLIAMS, JR, and ROBERT WILSON's Answer is due on or before 10/3/2016. Signed by Judge Ketanji Brown Jackson on 09/19/2016. (lckbj3)

Sept. 19, 2016 PACER
57

Consent MOTION for Extension of Time to Respond to the Second Amended Complaint by HOWARD CHAD, DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH (Pham, Tram) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
58

NOTICE OF WITHDRAWAL OF APPEARANCE as to AGNES JOYCE ROBINSON, MICHAEL ROBINSON. Attorney Sarah Ann Hunger terminated. (Hunger, Sarah) (Entered: 09/22/2016)

Sept. 22, 2016 PACER

MINUTE ORDER granting, for good cause shown, 57 Consent Motion for Extension of Time to Answer. Moving Defendants shall answer or otherwise respond to the Amended Complaint on or before 10/7/2016. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 09/26/2016. (lckbj1)

Sept. 26, 2016 PACER
59

Consent MOTION to Amend/Correct Second Amended Complaint by AGNES JOYCE ROBINSON, MICHAEL ROBINSON (Attachments: # 1 Exhibit 1 (Third Amended Complaint), # 2 Exhibit 2 (Redline), # 3 Exhibit 3 (Email Correspondence), # 4 Exhibit 4 (Email Correspondence))(O'Reilly, William) (Entered: 09/28/2016)

Sept. 28, 2016 PACER
60

ANSWER to 34 Amended Complaint,,, by CORDELL BARBOUR, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, JENNIFER GRAF, SHANNON HARRIS, CEDRIC HEYWARD, TERRY HOOPER, JERRICK JEFFREYS, PETER JOHNSON, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, EVERETT MASON, DOUGLAS MCMILLIAN, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, TERRENCE WALKER, DILLON WILLIAMS, JR, ROBERT WILSON. Related document: 34 Amended Complaint,,, filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON.(Snoddy, William) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
61

MOTION to Dismiss by HOWARD CHAD, DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH (Karpinski, Alex) (Entered: 10/07/2016)

Oct. 7, 2016 PACER

MINUTE ORDER granting, for good cause shown, Plaintiffs' 59 Consent Motion to Amend/Correct Second Amended Complaint. The Court will construe Defendants Travis A. Gray, Minh H. Nguyen, Paul Skelton, Robert J. Munn, Michael A. Petty, Kyle S. Uskievich, Chad Howard, Collier Rice, Jr., Charles Garrett, Jr., Thomas L. Lewis, III, and the District of Columbia's 61 Motion to Dismiss as responsive to Plaintiffs' Third Amended Complaint. Signed by Judge Ketanji Brown Jackson on 10/13/2016. (lckbj3)

Oct. 13, 2016 PACER
62

THIRD AMENDED COMPLAINT against SEAN BABCOCK, CORDELL BARBOUR, JEREMY BURCH, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, DISTRICT OF COLUMBIA, BRANDON FARLEY, CHARLES GARRETT, JR, JENNIFER GRAF, TRAVIS A. GRAY, SHANNON HARRIS, CEDRIC HEYWARD, THOMAS HILLIGOSS, TERRY HOOPER, CHAD HOWARD, JERRICK JEFFREYS, PETER JOHNSON, ALAN LARMORE, THOMAS L. LEWIS, III, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, EVERETT MASON, DOUGLAS MCMILLIAN, KENNETH MEUSHAW, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, PRINCE GEORGE'S COUNTY, COLLIER RICE, JR, PAUL SKELTON, UNIDENTIFIED OFFICERS, EMPLOYEES, AND AGENTS, KYLE S. USKIEVICH, TERRENCE WALKER, DILLON WILLIAMS, JR, ROBERT WILSON with Jury Demand filed by MICHAEL ROBINSON, AGNES JOYCE ROBINSON.(jf) (Main Document 62 replaced because redactions were not captured when filed on 12/7/2017) (td). Modified on 12/7/2017 (td). (Entered: 10/14/2016)

Oct. 13, 2016 PACER
63

REQUEST FOR SUMMONS TO ISSUE filed by MICHAEL ROBINSON, AGNES JOYCE ROBINSON. (Attachments: # 1 Summons Burch, J.)(Blanchard, Alexander) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
64

SUMMONS Issued Electronically as to JEREMY BURCH. (jf) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
65

Memorandum in opposition to re 61 MOTION to Dismiss filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON. (Attachments: # 1 Text of Proposed Order)(Blanchard, Alexander) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
66

REPLY to opposition to motion re 61 MOTION to Dismiss filed by DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, CHAD HOWARD, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH. (Pham, Tram) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
67

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEREMY BURCH served on 11/3/2016, answer due 11/24/2016 (Blanchard, Alexander) (Entered: 11/07/2016)

Nov. 7, 2016 PACER

MINUTE ORDER. Defendant District of Columbia and the ten individual MPD officers who have been sued in this action (collectively, "Individual Defendants") have filed a 61 Motion to Dismiss that is ripe for this Court's review. The Court has considered the parties' submissions, and it finds that supplemental briefing regarding the issue of qualified immunity is necessary, because neither side has developed its qualified immunity arguments with enough specificity for this Court to decide the merits of Defendants' motion. Specifically, in the motion at issue, the Individual Defendants fail to specify whether they seek qualified immunity solely on the grounds that there was no constitutional violation, or whether they also maintain that the right was not clearly established at the time of any violation. Cf. Patterson v. United States, 999 F. Supp. 2d 300, 311 (D.D.C. 2013) ("As laid out by the Supreme Court, the two pertinent questions in determining whether qualified immunity applies are (1) whether a constitutional right would have been violated on the facts alleged, and (2) whether the right was clearly established at the time of the violation." (internal quotation marks and citations omitted)). Likewise, Plaintiffs merely assert that "broad, undeveloped assertions devoid of supporting authority cannot justify dismissal" (Pls.' Opp'n to Defs.' Mot. to Dismiss, ECF No. 65, at 6 n.2), and they do not otherwise respond to the Individual Defendants' qualified immunity arguments. Cf. Kyle v. Bedlion, No. 12-cv-1572, 2016 WL 1301043, at *4 (D.D.C. Apr. 1, 2016) ("A defendant bears the burden of raising the defense of qualified immunity in response to a claim brought under section 1983, and once the defense is asserted, the burden of proof then falls to the plaintiff to show that the official is not entitled to qualified immunity." (internal quotations marks and citations omitted)). Thus, while it appears the Individual Defendants have met their burden of raising the qualified immunity defense such that Plaintiffs now bear the burden of demonstrating why the individual defendants are not entitled to qualified immunity, the basis (or bases) upon which qualified immunity is sought have not been made clear, nor have Plaintiffs clearly articulated their arguments in opposition to that motion. Accordingly, it is hereby ORDERED that the parties shall file supplemental briefs that conform to the following specifications: first, on or before December 26, 2016, the Individual Defendants shall file a supplemental brief of no more than 15 pages that clarifies the basis (or bases) upon which they are entitled to qualified immunity. Second, on or before January 23, 2017, Plaintiffs shall file a supplemental brief of no more than 25 pages that responds to the Individual Defendants' qualified immunity arguments and explains why the Individual Defendants are not entitled to qualified immunity on the grounds claimed. Any reply to Plaintiffs' responsive brief shall be no more than 10 pages, and shall be filed on or before February 10, 2017. It isFURTHER ORDERED that a motion hearing is set for April 27, 2017 at 2:30 P.M in Courtroom 17 before Judge Ketanji Brown Jackson. The parties shall be prepared to address the qualified immunity arguments, as well as the remaining arguments raised in Defendants' 61 Motion to Dismiss. Signed by Judge Ketanji Brown Jackson on 11/14/2016. (lckbj3)

Nov. 14, 2016 PACER

Set/Reset Hearings: Motion Hearing set for 4/27/2017 at 02:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. (nbn)

Nov. 14, 2016 PACER
68

ANSWER to 62 Amended Complaint,,, by JEREMY BURCH. Related document: 62 Amended Complaint,,, filed by AGNES JOYCE ROBINSON, MICHAEL ROBINSON.(Snoddy, William) (Entered: 11/25/2016)

Nov. 25, 2016 PACER
69

Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, CHAD HOWARD, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH (Pham, Tram) (Entered: 12/20/2016)

Dec. 20, 2016 PACER

MINUTE ORDER granting, for good cause shown, 69 Consent Motion for Extension of Time to File Supplemental Brief. The Individual Defendants' Supplemental Brief is due on or before 12/28/2016. Signed by Judge Ketanji Brown Jackson on 12/21/2016. (lckbj1)

Dec. 21, 2016 PACER
70

RESPONSE TO ORDER OF THE COURT re Order,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,, filed by DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, CHAD HOWARD, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH. (Pham, Tram) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
71

SUPPLEMENT to re 61 MOTION to Dismiss filed by DISTRICT OF COLUMBIA, CHARLES GARRETT, JR, TRAVIS A. GRAY, CHAD HOWARD, THOMAS L. LEWIS, III, ROBERT J. MUNN, MINH N. NGUYEN, MICHAEL A. PETTY, COLLIER RICE, JR, PAUL SKELTON, KYLE S. USKIEVICH. (jf) (Entered: 12/28/2016)

Dec. 27, 2016 PACER
72

NOTICE OF WITHDRAWAL OF APPEARANCE as to AGNES JOYCE ROBINSON, MICHAEL ROBINSON. Attorney Alexander E. Blanchard terminated. (Blanchard, Alexander) (Entered: 01/04/2017)

Jan. 4, 2017 PACER
73

NOTICE of Appearance by Haley A. Wojdowski on behalf of All Plaintiffs (Wojdowski, Haley) (Entered: 01/05/2017)

Jan. 5, 2017 PACER
74

NOTICE OF SUBSTITUTION OF COUNSEL by Gessesse Teferi on behalf of SEAN BABCOCK, JEREMY BURCH, MICHAEL CICALE, CHANDLER COLEMAN, TIMOTHY CORDERO, LUIS ALBA DE JESUS, BRANDON FARLEY, JENNIFER GRAF, CEDRIC HEYWARD, THOMAS HILLIGOSS, ALAN LARMORE, OSIRIS LOPEZ, PATRICK MARRON, RENALDO MASON, KENNETH MEUSHAW, TERRENCE MORDECAI, MICHAEL MORRIS, MICHELLE MUNAFO, PRINCE GEORGE'S COUNTY, DILLON WILLIAMS, JR, ROBERT WILSON Substituting for attorney William A. Snoddy (Teferi, Gessesse) (Entered: 01/12/2017)

Jan. 12, 2017 PACER

State / Territory: District of Columbia

Case Type(s):

Disability Rights/Public Accommodations

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: June 1, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Young man with cerebral palsy and his grandmother/caretaker.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia), State

Prince George's County, County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Aggressive behavior

Assault/abuse by staff

Excessive force

Failure to train

Improper treatment of mentally ill suspects

Pattern or Practice

Personal injury

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Mental Disability:

Cerebral palsy