Case: Stinnie v. Holcomb

3:16-cv-00044 | U.S. District Court for the Western District of Virginia

Filed Date: July 6, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 6, 2016, indigent Virginia residents brought this class action in the U.S. District Court for the Western District of Virginia because they had suffered indefinite suspension of their driver's licenses for failure to pay court costs and fines that they could not afford. The plaintiffs sued the Commissioner of the Virginia Department of Motor Vehicles under 42 U.S.C. § 1983. Represented by private attorneys, the plaintiffs sought declaratory and injunctive relief, and class certification…

On July 6, 2016, indigent Virginia residents brought this class action in the U.S. District Court for the Western District of Virginia because they had suffered indefinite suspension of their driver's licenses for failure to pay court costs and fines that they could not afford. The plaintiffs sued the Commissioner of the Virginia Department of Motor Vehicles under 42 U.S.C. § 1983. Represented by private attorneys, the plaintiffs sought declaratory and injunctive relief, and class certification. They claimed that the Commonwealth's scheme of suspending licenses to coerce payment of money owed to the courts unfairly punished people for being poor, and that suspending their licenses was a violation of the due process and equal protection clauses of the U.S. Constitution.

On November 4, 2016, Magistrate Judge Joel C. Hoppe granted the NAACP's motion for leave to file an amicus brief. On November 20, 2016, the U.S. Department of Justice filed a Statement of Interest urging the Court to conclude that the plaintiffs had set forth a plausible claim for relief that the alleged driver's license suspension practices used by the defendant violated the Fourteenth Amendment. The DOJ argued that suspension of a person's driver's license in response to the failure to pay court debt without providing a person with adequate notice and meaningful opportunity to be heard constitutes a deprivation of a protected interest without due process in violation of the Fourteenth Amendment. Moreover, the DOJ argued that suspending the driver's licenses of those who fail to pay fines without inquiring into whether the failure to pay was willful or instead the result of an inability to pay may result in penalizing indigent individuals solely because of their poverty, in violation of the due process and equal protection clauses of the Fourteenth Amendment.

On October 3, 2016, the defendant moved to dismiss the suit for failure to state a claim. On March 13, 2017, U.S. District Judge Norman K. Moon dismissed the case without prejudice, holding that the court lacked jurisdiction to hear the case. He found that "Congress and the Constitution have not granted federal district courts the authority to hear appeals from state courts." Furthermore, a federal court could only hear a case if it could grant some sort of remedy to the plaintiffs. In this case, because state courts rather than the Commissioner had suspended the licenses, a court order against the Commissioner would not provide such a remedy and so the court held the plaintiffs had no standing. Finally, Judge Moon found that the court was barred from hearing the case by the Eleventh Amendment bar on federal lawsuits filed by citizens against a nonconsenting state. 2017 WL 963234.

The plaintiffs appealed to the United States Court of Appeals for the Fourth Circuit. On May 23, 2018, the Fourth Circuit dismissed the appeal for lack of jurisdiction and remanded the case back to the district court with instructions to allow the plaintiffs to amend their complaint. Circuit Judge Henry F. Floyd wrote the majority opinion, in which Circuit Judge Allyson K. Duncan joined. The court found that it lacked jurisdiction to consider plaintiffs' appeal because the district court's dismissal without prejudice was not a final order and because the plaintiffs might still be able to cure the deficiencies identified by the district court by amending their complaint. Chief Judge Roger L. Gregory wrote a dissenting opinion because he would have found that the district court's dismissal was an appealable final order. 734 Fed.Appx. 858.

After the case was returned to the district court, on June 22, 2018, Judge Moon granted leave to the plaintiffs to amend or clarify their complaint. On September 11, 2018, the plaintiffs filed an amended class action complaint and a motion for preliminary injunction. They asked the court to enjoin the Commissioner from enforcing the statutes against the plaintiffs and future suspended class members without notice and determination of ability to pay, to remove any current suspensions of the plaintiffs' driver's licenses imposed under the statute, and to enjoin the Commissioner from charging a fee to reinstate the plaintiffs' licenses if there are no other restrictions on their licenses. On December 21, 2018, Judge Moon granted the plaintiffs' motion for the preliminary injunction, finding it likely that the plaintiffs would succeed on establishing that the Virginia statute violated procedural due process and that the remaining factors relevant to the issuance of a preliminary injunction weighed in favor of plaintiffs. 355 F. Supp. 3d 514.

On April 23, 2019, the defendant moved to dismiss the case as moot, or in the alternative sought a stay of the proceedings. They argued that a budget amendment by Governor Northam Virginia that reinstated driver’s licenses that had been revoked for failure to pay any fines ended any harm against the plaintiffs. Both the defendant and plaintiffs then moved for summary judgement on June 3, 2019.

On June 28, 2019, Judge Norman K. Moon issued an order granting the motion to stay and denying the defendant’s motion to dismiss. The court found that the budget amendment only halted the enforcement of the law, and thus there was a reasonable expectation the plaintiffs would be subjected to the same harm. But the court also granted the motion to stay the proceedings pending the 2020 session of Virginia’s General Assembly, citing the possibility that the Virginia General Assembly would repeal the law. The stay was ordered through March 21, 2020.

The court set a status conference for March 20, 2020. The case is ongoing.

Summary Authors

Saeeda Joseph-Charles (11/20/2016)

Virginia Weeks (3/15/2018)

Lisa Limb (3/20/2019)

Cedar Hobbs (11/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4536810/parties/stinnie-v-holcomb/


Judge(s)

Duncan, Allyson Kay (North Carolina)

Floyd, Henry Franklin (South Carolina)

Gregory, Roger L. (Virginia)

Hoppe, Joel C. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Abel, Benjamin Peter (Virginia)

Bauer, Mary Catherine (Virginia)

Baugh, David Preston (Virginia)

Blank, Jonathan Todd (Virginia)

Ciolfi, Angela A. (Virginia)

Judge(s)

Duncan, Allyson Kay (North Carolina)

Floyd, Henry Franklin (South Carolina)

Gregory, Roger L. (Virginia)

Hoppe, Joel C. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Abel, Benjamin Peter (Virginia)

Bauer, Mary Catherine (Virginia)

Baugh, David Preston (Virginia)

Blank, Jonathan Todd (Virginia)

Ciolfi, Angela A. (Virginia)

Gunn, Travis Cory (Virginia)

Kendrick, Leslie Carolyn (Virginia)

Lange, Laura Ann (Pennsylvania)

Levy-Lavelle, Patrick (Virginia)

Salas, Mario David (Virginia)

Weedon, Brooke Alexandra (Virginia)

Attorneys(s) for Defendant

Cox, Trevor Stephen (Virginia)

Davidson, Nancy Hull (Virginia)

Eckstein, Maya Miriam (Virginia)

Gilman, Neil Keith (District of Columbia)

O'Shea, Margaret Hoehl (Virginia)

Parker, David Mitchell (Virginia)

Parrish, Christian Arrowsmith (Virginia)

Raphael, Stuart Alan (Virginia)

Yost, Adam John (Virginia)

Other Attorney(s)

Bains, Chiraag (District of Columbia)

Bullock, Robert B. (District of Columbia)

Fishwick, John Palmer (Virginia)

Foster, Lisa A. (District of Columbia)

Giorno, Anthony P. (Virginia)

Heilberg, David L. (Virginia)

Johnston, Maureen (District of Columbia)

Killebrew, Paul (District of Columbia)

Lash, Karen (District of Columbia)

Moossy, Robert J. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Volek, Jude (District of Columbia)

Wayne, Seth (District of Columbia)

Documents in the Clearinghouse

Document

3:16-cv-00044

Docket [PACER]

July 2, 2019

July 2, 2019

Docket
1

3:16-cv-00044

Complaint

July 6, 2016

July 6, 2016

Complaint
27

3:16-cv-00044

Statement of Interest of the United States

Nov. 7, 2016

Nov. 7, 2016

Pleading / Motion / Brief
56

3:16-cv-00044

Memorandum Opinion

2017 WL 963234

March 13, 2017

March 13, 2017

Order/Opinion
78

3:16-cv-00044

17-01740

Unpublished Memorandum Opinion from 4th Circuit

U. S. Court of Appeals for the Fourth Circuit

734 Fed.Appx. 858

May 23, 2018

May 23, 2018

Order/Opinion
84

3:16-cv-00044

First Amended Class Action Complaint

Sept. 11, 2018

Sept. 11, 2018

Complaint
127

3:16-cv-00044

Preliminary Injunction

Dec. 21, 2018

Dec. 21, 2018

Order/Opinion
126

3:16-cv-00044

Memorandum Opinion

355 F.Supp.3d 514

Dec. 21, 2018

Dec. 21, 2018

Order/Opinion
215

3:16-cv-00044

Order

June 28, 2019

June 28, 2019

Order/Opinion
214

3:16-cv-00044

Memorandum Opinion

396 F.Supp.3d 653, 2019 WL 2718497

June 28, 2019

June 28, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4536810/stinnie-v-holcomb/

Last updated June 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Richard D. Holcomb (Filing & Administrative fee $ 400 paid by e-receipt 0423-2485566.), filed by Neil Russo, Demetrice Moore, Damian Stinnie, Robert Taylor. 70 Day Notice due by 9/14/2016 90 Day Service due by 10/4/2016 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(hnw)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Civil Cover Sheet

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July 6, 2016

July 6, 2016

RECAP
2

Summons Issued as to Richard D. Holcomb.(hnw)

July 7, 2016

July 7, 2016

PACER
3

ACKNOWLEDGEMENT OF SERVICE Executed August 2, 2016 Acknowledgement filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.(Blank, Jonathan)

Aug. 2, 2016

Aug. 2, 2016

PACER
4

WAIVER OF SERVICE Returned Executed by Neil Russo, Demetrice Moore, Damian Stinnie, Robert Taylor. Richard D. Holcomb waiver sent on 7/19/2016, answer due 9/19/2016.(Blank, Jonathan)

Aug. 2, 2016

Aug. 2, 2016

PACER
5

Consent MOTION for Extension of Time to File Answer October 3, 2016 by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

Aug. 2, 2016

Aug. 2, 2016

PACER
6

ORDER granting 5 Motion for Extension of Time to Answer re 1 Complaint. Richard D. Holcomb answer due 10/3/2016.. Signed by Judge Norman K. Moon on 8/2/2016. (mab)

Aug. 2, 2016

Aug. 2, 2016

PACER
7

NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Richard D. Holcomb (O'Shea, Margaret)

Oct. 3, 2016

Oct. 3, 2016

PACER
8

NOTICE of Appearance by Nancy Hull Davidson on behalf of All Defendants (Davidson, Nancy)

Oct. 3, 2016

Oct. 3, 2016

PACER
9

MOTION to Dismiss by Richard D. Holcomb. (Davidson, Nancy)

Oct. 3, 2016

Oct. 3, 2016

RECAP
10

Brief / Memorandum in Support re 9 MOTION to Dismiss . filed by Richard D. Holcomb. (Attachments: # 1 Exhibit A)(Davidson, Nancy)

1 Exhibit A

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Oct. 3, 2016

Oct. 3, 2016

PACER
11

PRETRIAL ORDER, CASE REFERRED Magistrate Judge Joel C. Hoppe.. Signed by Judge Norman K. Moon on 10/04/2016. (mab)

Oct. 4, 2016

Oct. 4, 2016

PACER
12

Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss Plaintiffs' Complaint by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.Motions referred to Judge Joel C. Hoppe. (Blank, Jonathan)

Oct. 6, 2016

Oct. 6, 2016

PACER
13

ORDER granting 12 Motion for Extension of Time to File Response/Reply Responses due by 11/3/2016. Signed by Magistrate Judge Joel C. Hoppe on 10/6/16. (jcj)

Oct. 6, 2016

Oct. 6, 2016

PACER
14

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: In Chambers Conference Call with parties held on 10/13/2016. Court allows 7 additional days to request changes to 11 pretrial order. (kld)

Oct. 13, 2016

Oct. 13, 2016

PACER
15

Joint MOTION to Amend/Correct 11 Pretrial Order, Case Referred to Magistrate Judge by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order to Amend Pre-Trial Dates)(Ciolfi, Angela)

1 Text of Proposed Order to Amend Pre-Trial Dates

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Oct. 20, 2016

Oct. 20, 2016

PACER
16

MOTION for Leave to File Excess Pages by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Blank, Jonathan)

1 Text of Proposed Order

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Oct. 27, 2016

Oct. 27, 2016

PACER
17

ORDER granting 16 Unopposed Motion for Leave to Plaintiff's to File a brief exceeding twenty-five (25) pages to respond to Defendant's Motion to Dismiss. Signed by Magistrate Judge Joel C. Hoppe on 10/27/16. (jcj)

Oct. 27, 2016

Oct. 27, 2016

PACER
18

NOTICE of Telephonic Hearing: (N) (No Interpreter requested) . Scheduling Conference Call set for 11/2/2016 01:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email parties dial in instructions. (kld)

Oct. 27, 2016

Oct. 27, 2016

PACER
19

ORDER granting 15 Motion to Amend dates in 11 Pretrial Order; Fed.R.Civ.P.26(f) Conference: No later than January 6, 2017; Initial disclosures under Fed.R.Civ.P.26(a): No later than January 9, 2017; Plaintiff initial expert disclosure: No later than April 18, 2017; Defendant initial expert disclosure: No later than June 19, 2017; Rebuttal expert: No later than July 20, 2017; Deadline to complete discovery: 105 days before trial date; Deadline to file dispositive motions: 100 days before trial date; Deadline for hearing dispositive motions: 45 days before trial date; Trial set for December 11-15, 2017. Signed by Magistrate Judge Joel C. Hoppe on 11/2/2016. (mab)

Nov. 2, 2016

Nov. 2, 2016

PACER
20

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Scheduling Conference Call held in chambers on 11/2/2016. (kld)

Nov. 2, 2016

Nov. 2, 2016

PACER
21

Brief / Memorandum in Opposition re 9 MOTION to Dismiss Plaintiffs' Complaint. filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

Nov. 3, 2016

Nov. 3, 2016

PACER
22

NOTICE of Appearance by David L. Heilberg on behalf of Naacp (Heilberg, David)

Nov. 3, 2016

Nov. 3, 2016

PACER
23

MOTION for Leave to File Amicus Brief by Naacp.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Exhibit 1 to Motion, # 2 Exhibit Exhibit A toBrief, # 3 Exhibit Exhibit B to Brief, # 4 Text of Proposed Order)(Heilberg, David)

1 Exhibit Exhibit 1 to Motion

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2 Exhibit Exhibit A toBrief

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3 Exhibit Exhibit B to Brief

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4 Text of Proposed Order

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Nov. 3, 2016

Nov. 3, 2016

PACER
24

NOTICE of Hearing: (CR) Bench Trial set for December 11-15, 2017 09:30 AM in Charlottesville before Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw)

Nov. 3, 2016

Nov. 3, 2016

PACER
25

ORDER granting 23 Motion for Leave to File brief as amicus curiae; directing clerk to file the brief and supporting affidavits. Signed by Magistrate Judge Joel C. Hoppe on 11/4/2016. (mab)

Nov. 4, 2016

Nov. 4, 2016

PACER
26

Brief in Opposition to 9 MOTION to Dismiss . filed by NAACP. (Attachments: # 1 Affidavit Aaron Bloomfield, # 2 Affidavit Cassius Adair)(mab) Modified on 11/8/2016-corrected spelling of party name (mab).

1 Affidavit Aaron Bloomfield

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2 Affidavit Cassius Adair

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Nov. 4, 2016

Nov. 4, 2016

PACER
27

Brief/Memorandum - Statement of Interest of the United States. filed by UNITED STATES OF AMERICA. (Giorno, Anthony)

Nov. 7, 2016

Nov. 7, 2016

PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 21 Brief / Memorandum in Opposition to Defendant's Motion to Dismiss by Richard D. Holcomb.Motions referred to Judge Joel C. Hoppe. (Baugh, Janet)

Nov. 9, 2016

Nov. 9, 2016

PACER
29

Oral ORDER granting 28 Motion for Extension of Time to File Response/Reply. Defendant's reply brief is due not later than November 22, 2016. Entered by Magistrate Judge Joel C. Hoppe on 11/9/16. (JCH)

Nov. 9, 2016

Nov. 9, 2016

PACER
30

NOTICE by Richard D. Holcomb of Supplemental Authority (Attachments: # 1 Exhibit Virginia Supreme Court Rule 1:24)(O'Shea, Margaret)

1 Exhibit Virginia Supreme Court Rule 1:24

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Nov. 22, 2016

Nov. 22, 2016

PACER
31

REPLY to Response to Motion re 9 MOTION to Dismiss . filed by Richard D. Holcomb. (Davidson, Nancy)

Nov. 22, 2016

Nov. 22, 2016

PACER
32

Consent MOTION for Extension of Time to File Response/Reply as to 30 Notice (Other) of Supplemental Authority by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.Motions referred to Judge Joel C. Hoppe. (Blank, Jonathan)

Nov. 30, 2016

Nov. 30, 2016

PACER
33

ORDER granting 32 Motion for Extension of Time to File Response/Reply to 30 Notice of Supplemental Authority in Support of Defendant's Motion to Dismiss Responses due by 12/22/2016 Replies due by 1/6/2017.. Signed by Magistrate Judge Joel C. Hoppe on 12/1/2016. (mab)

Dec. 1, 2016

Dec. 1, 2016

PACER
34

NOTICE of Hearing on Motion 9 MOTION to Dismiss : (CR) ( Motion Hearing set for 2/2/2017 02:00 PM in Charlottesville before Judge Norman K. Moon.), NOTICE of Hearing: (CR) ( Oral Argument Hearing on NOTICE by Richard D. Holcomb of Supplemental Authority set for 2/2/2017 02:00 PM in Charlottesville before Judge Norman K. Moon.) (hnw)

Dec. 1, 2016

Dec. 1, 2016

PACER
35

Response re 30 Notice (Other) of Supplemental Authority. filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

Dec. 22, 2016

Dec. 22, 2016

PACER
36

Response re 35 Response, 30 Notice (Other) Reply to Plaintiff's Response in Opposition to Notice of Supplemental Authority. filed by Richard D. Holcomb. (O'Shea, Margaret)

Jan. 6, 2017

Jan. 6, 2017

PACER
37

NOTICE of Telephonic Hearing: (N) In Chambers Conference Call set for 2/8/2017 11:00 AM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email parties dial in instructions. (kld)

Jan. 18, 2017

Jan. 18, 2017

PACER
38

NOTICE of Appearance by Adam John Yost on behalf of Richard D. Holcomb (Yost, Adam)

Jan. 24, 2017

Jan. 24, 2017

PACER
39

Memorandum in Support of 40 MOTION to Stay Discovery by Richard D. Holcomb. (Baugh, Janet) Modified on 1/25/2017-changed event type; incorrectly docketed as motion by counsel (mab).

Jan. 24, 2017

Jan. 24, 2017

PACER
40

MOTION to Stay Discovery by Richard D. Holcomb. Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Plaintiffs' first set of discovery request)(Baugh, Janet) Modified on 1/25/2017-Modified text; removed link to document 39; Memorandum in Support of Motion (mab).

1 Exhibit Plaintiffs' first set of discovery request

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Jan. 24, 2017

Jan. 24, 2017

PACER
41

Notice of Correction re 39 Memorandum in Support of Motion to Stay 40, 40 MOTION to Stay; modifications made to docket entries. Memorandum in support of motion was incorrectly filed as a motion to stay by counsel; Motion to stay text was modified to remove double language. (mab)

Jan. 25, 2017

Jan. 25, 2017

PACER
42

RESPONSE in Opposition re 40 MOTION to Stay . filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Blank, Jonathan)

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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7 Exhibit 7

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8 Exhibit 8

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Jan. 30, 2017

Jan. 30, 2017

PACER
43

NOTICE by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor re 37 Notice of Hearing Notice to Add Motion to Stay to February 8, 2017 Status Hearing (Blank, Jonathan)

Jan. 30, 2017

Jan. 30, 2017

PACER
44

NOTICE of Telephonic Hearing on Motion 40 MOTION to Stay : (FTR) Telephonic Motion Hearing set for 2/8/2017 11:00 AM before Magistrate Judge Joel C. Hoppe. Conference call previously set up and parties have been emailed dial in instructions.(kld)

Jan. 31, 2017

Jan. 31, 2017

PACER
46

Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 2/2/2017 re 9 MOTION to Dismiss filed by Richard D. Holcomb. (Court Reporter Judy Webb.) (hnw)

Feb. 2, 2017

Feb. 2, 2017

PACER
47

REPLY to Response to Motion re 40 MOTION to Stay Discovery. filed by Richard D. Holcomb. (Yost, Adam)

Feb. 6, 2017

Feb. 6, 2017

PACER
48

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing held on 2/8/2017 re 40 MOTION to Stay discovery filed by Richard D. Holcomb. (Court Reporter M. Bottiglieri, FTR.) (mab)

Feb. 8, 2017

Feb. 8, 2017

PACER
49

ORDER denying 40 Motion to Stay Discovery. Signed by Magistrate Judge Joel C. Hoppe on 2/8/2017. (mab)

Feb. 8, 2017

Feb. 8, 2017

PACER
50

FTR Log Notes for Telephonic Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on 2/8/2017. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: Michele Bottiglieri, FTR (mab)

Feb. 8, 2017

Feb. 8, 2017

PACER
51

Objections by Defendant Richard D. Holcomb re 49 Order on Motion to Stay (O'Shea, Margaret)

Feb. 9, 2017

Feb. 9, 2017

PACER
52

TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Damian Stinnie for Motion to Dismiss held on 2/2/2017 before Judge Norman K. Moon. (Judy Webb, OCR) Transcript Due Deadline will be set when Financial Arrangements are made. (Blank, Jonathan) Modified on 2/16/2017 - added court reporter's name (bkd).

Feb. 16, 2017

Feb. 16, 2017

PACER
53

Financial arrangements made (Expedited-7 calendar days Service) re 52 Transcript Request, Transcript due by 2/23/2017. (jw)

Feb. 17, 2017

Feb. 17, 2017

PACER
54

Brief/Memorandum in Opposition to Defendant's Objections to the Magistrate Judge's Order Denying Defendant's Motion to Stay Discovery. filed by Damian Stinnie. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Blank, Jonathan)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Feb. 17, 2017

Feb. 17, 2017

PACER
55

TRANSCRIPT of Proceedings: Motion Hearing held on 2/2/2017 before Judge Norman K. Moon. Court Reporter/Transcriber Judy Webb, Telephone number judyw@vawd.uscourts.gov/540-857-5100 X 5333. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.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. Redaction Request due 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017. (jw)

Feb. 23, 2017

Feb. 23, 2017

PACER
56

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 3/13/17. (hnw) (Main Document 56 replaced on 3/15/2017) (mab).

March 13, 2017

March 13, 2017

RECAP
57

ORDER granting 9 Motion to Dismiss. This case is hereby dismissed without prejudice for lack of subject matter jurisdiction. The motion to stay discovery and objections to Magistrate Judge Joel C. Hoppe's Order thereon are Denied as Moot. The Clerk is hereby directed to strike this case from the active docket of this court. Signed by Judge Norman K. Moon on 3/13/17. (hnw)

March 13, 2017

March 13, 2017

PACER
58

Notice of Cancellation of December 11-15, 2017 Bench Trial (Cancel Court Reporter) (hnw)

March 13, 2017

March 13, 2017

PACER
59

Notice of Correction re 56 Memorandum Opinion; Original document contained typographical errors and was replaced with corrected Memorandum Opinion. Errors corrected were: Page 11, line 11, word 12 is corrected from "difference" to "different." Citations in footnote 38 to "Rule 1:23" are corrected to "Rule 1:24". (mab)

March 15, 2017

March 15, 2017

PACER
60

MOTION to Alter Judgment per FRCP 59 and Obtain Relief from Judgment per FRCP 60 by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

April 10, 2017

April 10, 2017

PACER
61

Brief / Memorandum in Support re 60 MOTION to Alter Judgment per FRCP 59 and Obtain Relief from Judgment per FRCP 60 . filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Blank, Jonathan) Modified on 5/22/2017 Docket entries 61-1 through 61-11 are STRICKEN from the RECORD Pursuant to Order 72 Entered May 22, 2017.(hnw).

April 10, 2017

April 10, 2017

PACER
62

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by Richard D. Holcomb for Motions Hearing held on February 2, 2017 reported by Court Reporter Judy Webb before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (O'Shea, Margaret)

April 20, 2017

April 20, 2017

PACER
63

Transcript Copy Delivered re 62 Transcript Request, (jw)

April 20, 2017

April 20, 2017

PACER
64

MOTION to Strike 61 Brief / Memorandum in Support, Exhibits by Richard D. Holcomb.Motions no longer referred to Judge Joel C. Hoppe. (Davidson, Nancy) Modified on 4/27/2017 (hnw).

April 24, 2017

April 24, 2017

PACER
65

Brief / Memorandum in Support re 64 MOTION to Strike 61 Brief / Memorandum in Support, Exhibits . filed by Richard D. Holcomb. (Davidson, Nancy)

April 24, 2017

April 24, 2017

PACER
66

Brief / Memorandum in Opposition re 60 MOTION to Alter Judgment per FRCP 59 and Obtain Relief from Judgment per FRCP 60 . filed by Richard D. Holcomb. (Davidson, Nancy)

April 24, 2017

April 24, 2017

PACER
67

REPLY to Response to Motion re 60 MOTION to Alter Judgment per FRCP 59 and Obtain Relief from Judgment per FRCP 60 . filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

May 1, 2017

May 1, 2017

PACER
68

Brief / Memorandum in Opposition re 64 MOTION to Strike 61 Brief / Memorandum in Support, Exhibits . filed by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. (Blank, Jonathan)

May 8, 2017

May 8, 2017

PACER
69

NOTICE of Hearing on Motion 60 MOTION to Alter Judgment per FRCP 59 and Obtain Relief from Judgment per FRCP 60 : (CR) (No Interpreter requested) Motion Hearing set for 5/23/2017 12:00 PM in Charlottesville before Judge Norman K. Moon. (hnw)

May 9, 2017

May 9, 2017

PACER
70

NOTICE of Hearing on Motion 64 MOTION to Strike 61 Brief / Memorandum in Support, Exhibits : (CR) (No Interpreter requested) Motion Hearing set for 5/23/2017 12:00 PM in Charlottesville before Judge Norman K. Moon. (hnw)

May 11, 2017

May 11, 2017

PACER
71

REPLY to Response to Motion re 64 MOTION to Strike 61 Brief / Memorandum in Support, Exhibits . filed by Richard D. Holcomb. (Yost, Adam)

May 15, 2017

May 15, 2017

PACER
72

ORDER granting Defendants' 64 Motion to Strike. Docket entries 61 -1 through 61 -11 are Stricken from the record. Order denying Plaintiffs' 60 Motion for reconsideration. Signed by Judge Norman K. Moon on 5/22/17. (hnw)

May 22, 2017

May 22, 2017

PACER
73

Notice of Cancellation of May 23, 2017 Motion Hearing schedule at 12:00 pm in Charlottesville before the Hon. Norman K. Moon (Cancel Court Reporter) (hnw)

May 22, 2017

May 22, 2017

PACER
74

NOTICE OF APPEAL as to 72 Order on Motion to Alter Judgment, Order on Motion to Strike, 57 Order on Motion to Dismiss, by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor. Filing fee $ 505, receipt number 0423-2694355. (Blank, Jonathan)

June 14, 2017

June 14, 2017

PACER
75

Transmittal of Notice of Appeal to 4CCA re 74 Notice of Appeal, NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (jcj)

June 15, 2017

June 15, 2017

PACER
76

NOTICE of Docketing Record on Appeal from USCA re 74 Notice of Appeal, filed by Damian Stinnie, Demetrice Moore, Neil Russo, Robert Taylor. USCA Case Number 17-1740. Case Manager Tony Webb (hnw)

June 16, 2017

June 16, 2017

PACER
77

STIPULATION re 61 Brief / Memorandum in Support,, Concerning Correction of Exhibits Attached to the Memorandum in Support of Plaintiffs' Rule 59 and 60 Motions by Damian Stinnie (Attachments: # 1 Exhibit Exhibit A)(Blank, Jonathan)

1 Exhibit Exhibit A

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July 21, 2017

July 21, 2017

PACER
78

USCA Memorandum Opinion from 4th Circuit re 74 Notice of Appeal, DISMISSED AND REMANDED decided on 05/23/2018 (jcj)

May 23, 2018

May 23, 2018

PACER
79

USCA JUDGMENT as to 74 Notice of Appeal, filed by Damian Stinnie, Demetrice Moore, Neil Russo, Robert Taylor (Attachments: # 1 USCA Notice of Judgment)(jcj)

1 USCA Notice of Judgment

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May 23, 2018

May 23, 2018

PACER
80

MANDATE of USCA as to 74 Notice of Appeal, filed by Damian Stinnie, Demetrice Moore, Neil Russo, Robert Taylor (jcj)

June 14, 2018

June 14, 2018

PACER
81

ORDER GRANTING leave to the plaintiffs to amend or clarify, within 21 days, any fact, claim, party or theory in their complaint. The substantive provisions of the pretrial orders (documents 11 and 19) are REINSTATED. The parties are ORDERED to meet and confer within 30 days of this Order to establish a trial date from which to calculate the deadlines in the pretrial order. The parties may recommence discovery after the filing of the amended complaint. Signed by Senior Judge Norman K. Moon on 6/22/18. (jcj)

June 22, 2018

June 22, 2018

RECAP
82

Consent MOTION for Extension of Time to Amend Complaint and to Reset Other Deadlines by Demetrice Moore, Neil Russo, Damian Stinnie, Robert Taylor.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Blank, Jonathan)

1 Text of Proposed Order Proposed Order

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June 29, 2018

June 29, 2018

PACER
83

ORDER granting 82 Plaintiff's Motion for Extension of Time to Amend Complaint to and including September 11, 2018; Defendant shall have 45 days from the date Plaintiffs' file an amended complaint to file a responsive pleading; and the parties may recommence discovery 60 days after the date Defendants' file a responsive pleading. Signed by Magistrate Judge Joel C. Hoppe on 7/2/18. (jcj)

July 2, 2018

July 2, 2018

PACER
84

AMENDED COMPLAINT against Richard D. Holcomb, filed by Damian Stinnie. (Attachments: # 1 Exhibit Dugger Declaration, # 2 Exhibit Court Website, # 3 Exhibit Virginia Uniform Summons, # 4 Exhibit Holcomb Report)(Ciolfi, Angela)

1 Exhibit Dugger Declaration

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2 Exhibit Court Website

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3 Exhibit Virginia Uniform Summons

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4 Exhibit Holcomb Report

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Sept. 11, 2018

Sept. 11, 2018

RECAP
85

MOTION to Certify Class by Damian Stinnie. (Attachments: # 1 Text of Proposed Order)(Ciolfi, Angela)

1 Text of Proposed Order

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Sept. 11, 2018

Sept. 11, 2018

PACER
86

MOTION for Leave to File Excess Pages on Memorandum in Support of Motion to Certify Class by Damian Stinnie.Motions referred to Judge Joel C. Hoppe. (Ciolfi, Angela)

Sept. 11, 2018

Sept. 11, 2018

PACER
87

Brief / Memorandum in Support re 85 MOTION to Certify Class . filed by Damian Stinnie. (Attachments: # 1 Exhibit Dugger Declaration, # 2 Exhibit Stinnie Declaration, # 3 Exhibit Adams Declaration, # 4 Exhibit Johnson Declaration, # 5 Exhibit Bandy Declaration, # 6 Exhibit Morgan Declaration, # 7 Exhibit DMV Email, # 8 Exhibit Blank Declaration, # 9 Exhibit Ciolfi Declaration)(Ciolfi, Angela)

1 Exhibit Dugger Declaration

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2 Exhibit Stinnie Declaration

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3 Exhibit Adams Declaration

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4 Exhibit Johnson Declaration

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5 Exhibit Bandy Declaration

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6 Exhibit Morgan Declaration

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7 Exhibit DMV Email

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8 Exhibit Blank Declaration

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9 Exhibit Ciolfi Declaration

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Sept. 11, 2018

Sept. 11, 2018

PACER
88

MOTION for Preliminary Injunction by Damian Stinnie.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Ciolfi, Angela)

1 Text of Proposed Order

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Sept. 11, 2018

Sept. 11, 2018

PACER
89

MOTION for Leave to File Excess Pages on Memorandum in Support of Motion for Preliminary Injunction by Damian Stinnie.Motions referred to Judge Joel C. Hoppe. (Ciolfi, Angela)

Sept. 11, 2018

Sept. 11, 2018

PACER
90

Brief / Memorandum in Support re 88 MOTION for Preliminary Injunction . filed by Damian Stinnie. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Ciolfi, Angela)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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18 Exhibit

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19 Exhibit

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Sept. 11, 2018

Sept. 11, 2018

PACER
91

Oral ORDER granting 86 Motion for Leave to File Excess Pages. Plaintiffs are granted leave to file a memorandum in support of their motion for class certification that exceeds the page limit by 10 pages. Entered by Magistrate Judge Joel C. Hoppe on 9/12/18. (JCH)

Sept. 12, 2018

Sept. 12, 2018

PACER
92

Oral ORDER granting 89 Motion for Leave to File Excess Pages. Plaintiffs are granted leave to file a memorandum in support of their motion for preliminary injunction that exceeds the page limit by 25 pages. Entered by Magistrate Judge Joel C. Hoppe on 9/12/18. (JCH)

Sept. 12, 2018

Sept. 12, 2018

PACER
93

NOTICE of Hearing on Motion 88 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 11/15/2018 01:30 PM in Charlottesville before Senior Judge Norman K. Moon. (sfc)

Sept. 20, 2018

Sept. 20, 2018

PACER
94

NOTICE of Appearance by Christian Arrowsmith Parrish on behalf of Richard D. Holcomb (Parrish, Christian)

Oct. 11, 2018

Oct. 11, 2018

PACER
95

Joint MOTION For Consent Order by Melissa Adams, Williest Bandy, Adrainne Johnson, Brianna Morgan, Damian Stinnie.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Blank, Jonathan)

1 Text of Proposed Order

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Oct. 15, 2018

Oct. 15, 2018

PACER
96

ORDER granting in part and modifying in part Joint 95 Motion Consent Order with Scheduling Order. Signed by Senior Judge Norman K. Moon on 10/19/18. (hnw) (Main Document 96 replaced on 10/19/2018 to correct date on signature line) (hnw).

Oct. 19, 2018

Oct. 19, 2018

PACER
97

NOTICE of Hearing: (CR) Bench Trial set for August 5-9, 2019 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw)

Oct. 19, 2018

Oct. 19, 2018

PACER
98

SCHEDULING ORDER. Signed by Senior Judge Norman K. Moon on 10/23/18. (hnw)

Oct. 23, 2018

Oct. 23, 2018

PACER
99

RESPONSE in Opposition re 88 MOTION for Preliminary Injunction . filed by Richard D. Holcomb. (Attachments: # 1 Exhibit 1 - Affidavit of M. Ford)(O'Shea, Margaret)

1 Exhibit 1 - Affidavit of M. Ford

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Oct. 26, 2018

Oct. 26, 2018

PACER
100

NOTICE of Appearance by Benjamin Peter Abel on behalf of Melissa Adams, Williest Bandy, Adrainne Johnson, Brianna Morgan, Damian Stinnie (Abel, Benjamin)

Nov. 8, 2018

Nov. 8, 2018

PACER
101

MOTION for Alyssa M. Pazandak to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3013448. by Melissa Adams, Williest Bandy, Adrainne Johnson, Brianna Morgan, Damian Stinnie.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Abel, Benjamin)

1 Text of Proposed Order

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Nov. 8, 2018

Nov. 8, 2018

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: July 6, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who allege that the DMV indefinitely suspended their driver’s licenses as a result of inability to pay fines and court costs.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Richard D. Holcomb, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Drivers Licenses

Pattern or Practice

Poverty/homelessness

Type of Facility:

Government-run