Case: Ahmad v. City of St. Louis

4:17-cv-02455 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 22, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was litigated by the ACLU of Missouri’s against the City of St. Louis for declaratory and injunctive relief arising from the police response to protests from September 15 to September 17, 2017, against the acquittal of St. Louis Metropolitan Police Department (SLMPD) officer Jason Stockley. There was also a separate class action filed after this suit was initiated, litigated by private counsel, seeking monetary relief for injuries caused by the police “kettling” of protesters on the n…

This case was litigated by the ACLU of Missouri’s against the City of St. Louis for declaratory and injunctive relief arising from the police response to protests from September 15 to September 17, 2017, against the acquittal of St. Louis Metropolitan Police Department (SLMPD) officer Jason Stockley. There was also a separate class action filed after this suit was initiated, litigated by private counsel, seeking monetary relief for injuries caused by the police “kettling” of protesters on the night of September 17, 2017.

Following the acquittal on September 15, 2017, of a SLMPD officer for the 2011 killing of the 24-year-old-African American man, Anthony Lamar Smith, protests broke out in St. Louis. On September 22, 2017, two individuals involved in protests on the night of September 17, 2017, filed this class action lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs alleged that they were subjected to unlawful retaliation by police after exercising their right to engage in First Amendment protected activity, namely, the right to record police officers in public places. The plaintiffs sued the City of St. Louis under 42 U.S.C. § 1983, and alleged unlawful seizure, excessive force, and procedural due process violations.

Represented by the American Civil Liberties Union of Missouri, the plaintiffs sought a temporary restraining order, preliminary injunction, and permanent injunction requiring the City of St. Louis to act in accordance with the Constitution when declaring protests “unlawful assemblies” and ordering protesters “to disperse.” The plaintiffs also asked for attorneys’ fees. The case was assigned to District Judge Ronnie L. White, who set the first hearing for about two weeks later on October 3, 2017. Before that hearing, the plaintiffs filed an amended complaint in which they added more individual plaintiffs to the case. The plaintiffs also filed a motion for a preliminary injunction, which mooted a request for a temporary restraining order made on the same day as the original complaint. The requested preliminary injunction sought to prevent officers from giving any order of dispersal in the absence of violence by protesters and to prevent enforcement of an order of dispersal without first allowing sufficient opportunity to exit the area. The plaintiffs also asked the court to prohibit the unlawful utilization of chemical agents, such as tear gas, and to prohibit retaliation against any individual who photographs or records law enforcement officials in the course of their duty.

On October 5, 2017, the plaintiffs moved to certify a class consisting of all persons “who will observe, record, or participate in protest activity within the City of St. Louis in a traditional or designated public forum.”

On October 13, 2017, the plaintiffs moved to disqualify Judge White because of Judge White’s relationships with the City Counselor’s Office and concerns of partiality. On that same day, the court granted the request; District Judge Catherine Perry replaced Judge White.

Judge Perry held a hearing over two days in October, and on November 15, 2017, granted the preliminary injunction, noting the video, photographic, and documentary evidence of police misconduct. 2017 WL 547840. The district court found that plaintiffs presented sufficient evidence showing that the SLMPD violated Section XIII of its own Special Order 1-01 relating to the use of pepper spray for crowd dispersal and the 2015 settlement agreement they entered into to resolve a prior lawsuit, Templeton v. Dotson.

The preliminary injunction prohibited the defendant and its agents from declaring unlawful an otherwise lawful assembly and prohibited the use of chemical agents against persons engaged in expressive, non-violent activity in the City of St. Louis in the absence of probable cause and without granting adequate warning and sufficient opportunity to exit the area. 2017 WL 5478410. On that same day, the district court referred the case to alternative dispute resolution (ADR) and mediation. Though the preliminary injunction was an appealable interlocutory order under 28 U.S.C. §1292(a)(1), the City did not appeal.

On May 4, 2018, the District Judge Perry ordered ADR to continue for another six months, to conclude before June 1, 2019 and scheduled a bench trial for September 26, 2019.

The plaintiffs filed a Second Amended Complaint on September 5, 2018 and filed another motion to certify the class in accordance with the Second Amended Complaint on February 1, 2019. On March 29, 2019, the City moved for a dissolution of the preliminary injunction and dismissal of the Second Amended Complaint for lack of equitable jurisdiction.

The mediator informed the district court on May 6, 2019, that the parties had not reached a settlement. On May 7, 2019, the district court granted the plaintiffs' motion for class certification, but ordered that the class be defined so as to exclude protesters who engaged in violent, unlawful activity. 2019 WL 2009589.

In another order dated May 15, 2019, the district court denied the City's motion to dissolve the injunction, finding that it was trying to relitigate its failed attempt to stop the preliminary injunction with new counsel. As for the motion to dismiss, District Judge Perry rejected this as well, noting that she had subject matter jurisdiction over the matter and that a dispute over the merits of the plaintiffs’ claims did not warrant dismissal.

The City appealed both the certification of the class and the denial of its motions to dismiss and dissolve to the Court of Appeals for the Eighth Circuit. On July 12, 2019, further proceedings were stayed at the district court pending resolution of the appeal. 2019 WL 3068046. (But the prliminary injunction remained in place.)

The Eighth Circuit ruled on the appeal in an order and opinion issued on April 27, 2021. Writing a majority opinion for a three-judge panel, Circuit Judge James Loken affirmed the district court’s dismissal of the motion to dissolve the preliminary injunction and reversed its certification of the class action. On the preliminary injunction issue, Judge Loken held that the district court erred in its May 15, 2019, order by not considering the length of time that had passed since the entry of the preliminary injunction (November 15, 2017) a changed factual circumstance that would make the continued enforcement of the injunction “detrimental to the public interest.” Circuit Judge Loken noted that while the preliminary injunction was meant to control the City’s activities “pending a prompt trial” on the merits of the claims for a permanent injunction, this trial never occurred after mediation failed. Though the circuit court affirmed the denial of the motion to dissolve, on remand it instructed the district court to vacate and dissolve the injunction no later than October 31, 2021, if at that time it is not replaced with a final order either granting a permanent injunction or denying injunctive relief. Judge Ralph Erickson agreed with the reversal of the class certification discussed below but wrote a concurring opinion where he disagreed with Judge Loken’s holding that passage of time by itself constituted a factual change sufficient to consider the dissolution of a preliminary injunction. 995 F.3d 635.

As for the issue of class certification, Circuit Judge Loken found that the individual claims which would be brought by class members were not suited to the requirements of a Rule 23(b)(2) class. Importantly, the circuit court held that the plaintiffs failed to show that class members were harmed in “essentially the same way.” However, the Eighth Circuit left open the possibility that the plaintiffs could renew their request for certification once a final order is entered on their claim for permanent injunctive relief. As such, the class certification order was vacated without prejudice to plaintiffs. 995 F.3d 635.

The Eighth Circuit denied the plaintiffs’ request for a rehearing of the appeal en banc on June 8, 2021, with a formal mandate issued on June 15, 2021.

Things got moving back in the district court after the Eighth Circuit ruling came down in late April 2021. The plaintiffs filed a motion to lift the stay which was granted on April 29, 2021. On May 17, 2021, Chief District Judge for the Eastern District of Missouri transferred the case from Judge Perry to Judge Matthew Schelp. In June 2021, Judge Schelp set a non-jury trial for August 23, 2021.

Summary Authors

Jake Parker (5/22/2018)

Hope Brinn (5/12/2020)

Esteban Woo Kee (6/30/2021)

Related Cases

Templeton v. Dotson, Eastern District of Missouri (2014)

Street v. O'Toole, Eastern District of Missouri (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6157098/parties/ahmad-v-st-louis-missouri-city-of/


Judge(s)

Erickson, Ralph R. (North Dakota)

Loken, James B. (Minnesota)

Perry, Catherine D. (Missouri)

Schelp, Matthew Thomas None (Missouri)

Shepherd, Bobby E. (Arkansas)

Attorneys(s) for Plaintiff

Carney, Molly E (Missouri)

DeLoach, Kayla (Missouri)

Praiss, Omri E. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Steffan, Jessie (Missouri)

Judge(s)

Erickson, Ralph R. (North Dakota)

Loken, James B. (Minnesota)

Perry, Catherine D. (Missouri)

Schelp, Matthew Thomas None (Missouri)

Shepherd, Bobby E. (Arkansas)

Attorneys(s) for Plaintiff

Carney, Molly E (Missouri)

DeLoach, Kayla (Missouri)

Praiss, Omri E. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Steffan, Jessie (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Bruyns, Megan Kathleen G. (Missouri)

Dierker, Robert H. Jr. (Missouri)

Duncan, Abby J. (Missouri)

Laird, Brandon D. (Missouri)

Mass, Laurence D. (Missouri)

McDonnell, Thomas R. (Missouri)

Raimondo, Amy M. (Missouri)

Relys, H. Anthony (Missouri)

Other Attorney(s)

Ellinger-Locke, Margaret E. (Missouri)

Waldron, John McCann (Missouri)

Documents in the Clearinghouse

Document

4:17-cv-02455

19-02221

0:19-08011

General Docket [PACER]

Ahmad v. City of St. Louis, Missouri

U. S. Court of Appeals for the Eighth Circuit

June 17, 2019

June 17, 2019

Docket

4:17-cv-02455

Docket [PACER]

June 15, 2021

June 15, 2021

Docket
1

4:17-cv-02455

Complaint

Sept. 22, 2017

Sept. 22, 2017

Complaint
9

4:17-cv-02455

First Amended Complaint for Prospective Relief

Sept. 28, 2017

Sept. 28, 2017

Complaint
57

4:17-cv-02455

Memorandum and Order of Preliminary Injunction

Nov. 15, 2017

Nov. 15, 2017

Order/Opinion
90

4:17-cv-02455

Second Amended Complaint for Prospective Relief

Sept. 5, 2018

Sept. 5, 2018

Complaint
157

4:17-cv-02455

Memorandum and Order

May 7, 2019

May 7, 2019

Order/Opinion
159

4:17-cv-02455

Memorandum and Order

May 15, 2019

May 15, 2019

Order/Opinion
191

4:17-cv-02455

Memorandum and Order

July 12, 2019

July 12, 2019

Order/Opinion
5029333

4:17-cv-02455

19-02221

0:19-02062

[Opinion]

U. S. Court of Appeals for the Eighth Circuit

April 27, 2021

April 27, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6157098/ahmad-v-st-louis-missouri-city-of/

Last updated Aug. 27, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

Case Opening Notification

Sept. 22, 2017

Sept. 22, 2017

PACER
1

COMPLAINT for prospective relief against defendant St. Louis, Missouri, City of with receipt number 0865-6157336, in the amount of $400 Non-Jury Demand,, filed by Maleeha S. Ahmad, Alison Dreith. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons)(Rothert, Anthony) (Entered: 09/22/2017)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons

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Sept. 22, 2017

Sept. 22, 2017

RECAP
2

NOTICE OF PROCESS SERVER by Plaintiffs Maleeha S. Ahmad, Alison Dreith Process Server: Katie Hinners (Rothert, Anthony) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP
3

MOTION for Temporary Restraining Order by Plaintiffs Maleeha S. Ahmad, Alison Dreith. (Rothert, Anthony) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP
4

MEMORANDUM in Support of Motion re 3 MOTION for Temporary Restraining Order filed by Plaintiffs Maleeha S. Ahmad, Alison Dreith. (Rothert, Anthony) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP

Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Anthony Rothert. Judge Assigned: Honorable Ronnie L. White. (JWD)

Sept. 22, 2017

Sept. 22, 2017

PACER
5

Docket Text ORDER: IT IS HEREBY ORDERED that the Court will hold a hearing on Plaintiffs' Motion for Preliminary Injunction on Thursday, October 5, 2017 at 1:00 p.m. in Courtroom 10S. Signed by District Judge Ronnie L. White on 9/22/17. (JEB) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
6

ORDER : IT IS HEREBY ORDERED that the parties shall file the following documents no later than 9:00 a.m. on Tuesday, October 3, 2017 [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 09/25/2017. (KCB) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

RECAP
7

ENTRY of Appearance by Jessie M. Steffan for Plaintiffs Maleeha S. Ahmad, Alison Dreith. (Steffan, Jessie) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
8

ENTRY of Appearance by Gillian R. Wilcox for Plaintiffs Maleeha S. Ahmad, Alison Dreith. (Wilcox, Gillian) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
9

AMENDED COMPLAINT against defendant St. Louis, Missouri, City of already issued Summons(es) issued, Waivers issued n/a, Consents issued n/a, non-jury demand,, filed by Maleeha S. Ahmad, Alison Dreith, Brian Baude, W. Patrick Mobley, Iris Maclean.(Rothert, Anthony) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

RECAP
10

MOTION for Preliminary Injunction by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

RECAP
11

MEMORANDUM in Support of Motion re 10 MOTION for Preliminary Injunction filed by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Rothert, Anthony) (Entered: 09/28/2017)

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 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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Sept. 28, 2017

Sept. 28, 2017

RECAP
12

Exhibit List Exhibits attached to memorandum in support of motion for preliminary injunction by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

RECAP
13

NOTICE of Filing Exhibit with the Clerk's Office in DVD format by Plaintiff Maleeha S. Ahmad re 11 Memorandum in Support of Motion - Exhibits E, F, L, and O. (Rothert, Anthony) Modified on 10/16/2017 (CBL). (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
14

ENTRY of Appearance by Thomas R. McDonnell for Defendant St. Louis, Missouri, City of. (McDonnell, Thomas) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
15

MOTION to Continue by Defendant St. Louis, Missouri, City of. (McDonnell, Thomas) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
16

MEMORANDUM in Support of Motion re 15 MOTION to Continue filed by Defendant St. Louis, Missouri, City of. (McDonnell, Thomas) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
17

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant City of St. Louis' Motion to Continue (ECF No. 15) is GRANTED. The Court will hold a hearing in Courtroom 10S on Plaintiffs' Motion for Preliminary Injunction on October 16, 2017 at 10:00 a.m. The parties shall file the documents outlined by the Court in ECF No. 6 no later than Thursday, October 12, 2017 at 9:00 a.m. Signed by District Judge Ronnie L. White on 9/29/17. (JEB) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
18

*** Duplicate Entry - NOTICE of filing Exhibits by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. See Document 13 . Modified on 10/16/2017 (CBL). (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
19

EXHIBITS Received: Exhibits E, F, L, and O re: 11 MEMORANDUM in Support of 10 MOTION for Preliminary Injunction by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. See 13 Notice of Filing Exhibit. Exhibits received in DVD format. Modified on 10/16/2017 (CBL). (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
20

MOTION to Certify Class by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
21

MEMORANDUM in Support of Motion re 20 MOTION to Certify Class filed by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Attachments: # 1 Exhibit)(Rothert, Anthony) (Entered: 10/05/2017)

1 Exhibit

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Oct. 5, 2017

Oct. 5, 2017

RECAP
22

ENTRY of Appearance by H. Anthony Relys for Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
23

MOTION for Extension of Time to File Response/Reply to Plaintiffs' motion for preliminary injunction by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
24

RESPONSE to Motion re 23 MOTION for Extension of Time to File Response/Reply to Plaintiffs' motion for preliminary injunction filed by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
25

MEMORANDUM in Support of Motion re 23 MOTION for Extension of Time to File Response/Reply to Plaintiffs' motion for preliminary injunction filed by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
26

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant City of St. Louis's Motion for Extension of Time to File Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (ECF No. 23) is GRANTED until October 12, 2017 at 9:00 a.m. Signed by District Judge Ronnie L. White on 10/11/17. (JEB) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
27

RESPONSE TO COURT ORDER re 6 Order (Joint Statement of the Case and the Issues) by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
28

AFFIDAVIT re 11 Memorandum in Support of Motion,, declaration of Elyssa Sullivan by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
29

AFFIDAVIT re 11 Memorandum in Support of Motion,, declaration of Heather De Mian by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
30

NOTICE of Filing Exhibit with the Clerk's Office in DVD format by Plaintiff Maleeha S. Ahmad re 29 Affidavit (Rothert, Anthony) Modified on 10/16/2017 (CBL). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
31

SUMMONS Returned Executed filed by W. Patrick Mobley, Maleeha S. Ahmad, Iris Maclean, Brian Baude, Alison Dreith. St. Louis, Missouri, City of served on 9/28/2017, answer due 10/19/2017. (Rothert, Anthony) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
32

Proposed Findings of Fact by Defendant St. Louis, Missouri, City of. (Attachments: # 1 Attachment Witness List, # 2 Attachment Exhibit List)(McDonnell, Thomas) (Entered: 10/12/2017)

1 Attachment Witness List

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2 Attachment Exhibit List

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Oct. 12, 2017

Oct. 12, 2017

RECAP
33

MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction filed by Defendant St. Louis, Missouri, City of. (Attachments: # 1 Exhibit Exhibit 1 - Baumgartner Declaraton, # 2 Exhibit Exhibit E - Templeton Settlement, # 3 Exhibit Exhibit F - Karnowski Declaration, # 4 Exhibit Exhibit G - Sachs Declaration, # 5 Exhibit Exhibit H - Jemerson Declaration, # 6 Exhibit Exhibit I - Rossomanno Declaration, # 7 Exhibit Exhibit J - Boyher Declaration)(Relys, H.) (Entered: 10/12/2017)

1 Exhibit Exhibit 1 - Baumgartner Declaraton

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2 Exhibit Exhibit E - Templeton Settlement

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3 Exhibit Exhibit F - Karnowski Declaration

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4 Exhibit Exhibit G - Sachs Declaration

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5 Exhibit Exhibit H - Jemerson Declaration

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6 Exhibit Exhibit I - Rossomanno Declaration

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7 Exhibit Exhibit J - Boyher Declaration

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Oct. 12, 2017

Oct. 12, 2017

RECAP
34

RESPONSE TO COURT ORDER re 6 Order statement of undisputed facts by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP
35

Exhibit List for preliminary injunction hearing by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP
36

WITNESS LIST by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
37

Proposed Findings of Fact by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP
38

MOTION for Extension of Time to File Response/Reply to Plaintiffs' motion for class certification by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
39

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant City of St. Louis's Motion for Extension of Time to File Memorandum in Opposition to Plaintiffs' Motion for Class Certification (ECF No. 38) is GRANTED until November 13, 2017. Signed by District Judge Ronnie L. White on 10/12/17. (JEB) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
40

MOTION to Disqualify Judge by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

RECAP
41

MOTION to Continue hearing on Plaintiffs' motion for preliminary injunction by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
42

ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion to Recuse (ECF No. 40 ) is GRANTED. IT IS FURTHER ORDERED that the undersigned United States District Judge is disqualified from handling any matters in this case, and the Clerk of Court shall randomly reassign the case to another judge. Signed by District Judge Ronnie L. White on 10/13/17. (KXS) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
43

REASSIGNMENT ORDER (GJL). Pursuant to the order of recusal by the Honorable Ronnie L. White on October 13, 2017, IT IS HEREBY ORDERED that the above styled cause is reassigned to the Honorable Catherine D. Perry. (KXS) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
44

ORDER - IT IS HEREBY ORDERED that the defendant's motion to continue 41 is granted and the hearing on plaintiffs motion for preliminary injunction is reset to Wednesday, October 18, 2017 at 9:00 a.m. in Courtroom 14-South. ( Motion Hearing set for 10/18/2017 09:00 AM in Courtroom 14S before District Judge Catherine D. Perry.) Signed by District Judge Catherine D. Perry on October 13, 2017. (MCB) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

RECAP
45

EXHIBITS Received: Attachment to ECF 29 by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. See 30 Notice of Filing Exhibit. Exhibit received in DVD format.(CBL) (Entered: 10/16/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
46

MOTION to Exclude from the courtroom all actual and potential non-party witnesses during the proceedings in this case other than the period of actual testimony by each witness by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
47

ENTRY of Appearance by Omri E. Praiss for Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Praiss, Omri) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
48

Minute Order. Proceedings held before District Judge Catherine D. Perry: Parties present for hearing on Plaintiffs' Motion for Preliminary Injunction 10 . Motion 46 to Exclude Witnesses from the Courtroom before testimony is Granted. Witnesses heard. Exhibits admitted. Proceeding to continue on Thursday, October 19, 2017 at 12:00 p.m. (Court Reporter Gayle Madden.) (CBL) (Entered: 10/19/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP
49

Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 10/19/2017 re 10 MOTION for Preliminary Injunction filed by Maleeha S. Ahmad, W. Patrick Mobley, Brian Baude, Alison Dreith, Iris Maclean. Testimony heard. Proceedings to continue on Monday, October 23, 2017 at 8:30 a.m. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (FTR Gold: No) (MCB) (Main Document 49 replaced on 10/25/2017) (MCB). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
50

Docket Text ORDER: As discussed with counsel yesterday, IT IS HEREBY ORDERED that defendant's time to respond to the Amended Complaint is extended to 10/26/17.. Signed by District Judge Catherine D. Perry on 10/20/17. (CDP) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
51

Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 10/23/2017 re 10 MOTION for Preliminary Injunction filed by Maleeha S. Ahmad, W. Patrick Mobley, Brian Baude, Alison Dreith, Iris Maclean. Parties present for Cont'd hearing on Plaintiffs' Motion for Preliminary Injunction 10 . The parties agree that the Court may consider affidavits filed in the case which were not admitted at the hearing, with the caveat that they are not subject to cross examination. Testimony resumed and concluded. Exhibits rec'd. Arguments of counsel heard. Matter taken under submission. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (FTR Gold: No) (MCB) (Main Document 51 replaced on 10/25/2017) (MCB). (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
52

CLERKS WITNESS LIST as to Preliminary Injunction Hearing held October 18, 19 and 23, 2017. (MCB) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
53

CLERKS Exhibit List as to Preliminary Injunction Hearing held October 18, 19 and 23, 2017. (MCB) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

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54

RESPONSE TO COURT ORDER Proposed Form of Preliminary Injunction by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

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55

ANSWER to 9 Amended Complaint, by St. Louis, Missouri, City of.(Relys, H.) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

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56

MEMORANDUM in Opposition re 20 MOTION to Certify Class filed by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP

Receipt

Nov. 15, 2017

Nov. 15, 2017

PACER
57

MEMORANDUM AND ORDER OF PRELIMINARY INJUNCTION. (See Full Order.) IT IS HEREBY ORDERED that plaintiffs' motion for preliminary injunction 10 is granted and defendant City of St. Louis and its agents, servants, employees, and representatives will not enforce any rule, policy, or practice that grants law enforcement officials the authority or discretion to: 1) Declare an unlawful assembly under St. Louis Code of Ords. §15.52.010 when the persons against whom it would be enforced are engaged in expressive activity, unless the persons are acting in concert to pose an imminent threat to use force or violence or to violate a criminal law with force or violence; 2) Declare an unlawful assembly under St. Louis Code of Ords. §15.52.010 or enforce St. Louis Code of Ords. §17.16.275(A) and (E) for the purpose of punishing persons for exercising their constitutional rights to engage in expressive activity; 3) Use chemical agents, including, but not limited to, mace/oleoresin capsicum spray or mist/pepper spray/pepper gas, tear gas, skunk, inert smoke, pepper pellets, xylyl bromide, and similar substances (collectively "chemical agents"), whatever the method of deployment, against any person engaged in expressive, non-violent activity in the City of St. Louis, in the absence of probable cause to arrest the person and without first issuing clear and unambiguous warnings that the person is subject to arrest and such chemical agents will be used and providing the person sufficient opportunity to heed the warnings and comply with lawful law enforcement commands or as authorized in paragraph 5 below; 4) Use or threaten to use chemical agents, whatever the method of deployment, against any person engaged in expressive, non-violent activity in the City of St. Louis, for the purpose of punishing the person for exercising constitutional rights; and 5) Issue orders or use chemical agents, whatever the method of deployment, for the purpose of dispersing person(s) engaged in expressive, non-violent activity in the City of St. Louis without first: specifying with reasonable particularity the area from which dispersal is ordered; issuing audible and unambiguous orders in a manner designed to notify all persons within the area that dispersal is required and providing sufficient warnings of the consequences of failing to disperse, including, where applicable, that chemical agents will be used; providing a sufficient and announced amount of time which is proximately related to the issuance of the dispersal order in which to heed the warnings and exit the area; and announcing and ensuring a means of safe egress from the area that is actually available to all person(s); Provided, however, that paragraphs (3) and (5) above do not apply to situations where persons at the scene present an imminent threat of violence or bodily harm to persons or damage to property, or where law enforcement officials must defend themselves or other persons or property against imminent threat of violence. IT IS FURTHER ORDERED that this preliminary injunction becomes effective upon plaintiffs' posting security in the amount of $100 with the Clerk of Court, and remains in effect until further order of this Court. A separate Preliminary Injunction in accord with this Memorandum and Order is entered this date, as is a separate order referring this case to mediation. Signed by District Judge Catherine D. Perry on 11/15/2017. (CBL) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

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58

ORDER OF PRELIMINARY INJUNCTION. (See Full Order.) Signed by District Judge Catherine D. Perry on 11/15/2017. (CBL) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

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59

ORDER REFERRING CASE to Alternative Dispute Resolution. (See Full Order.) This case is referred to: Mediation. Designation of Lead Counsel: Anthony E. Rothert. ADR Completion Deadline due by 2/1/2018. ADR Compliance Report Deadline due by 2/15/2018. Designation of Neutral/Conference Report due by 12/15/2017. Signed by District Judge Catherine D. Perry on 11/15/2017. (CBL) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER

Receipt 4644068538 in the amount of $100.00 for COMM REG-OTHER-BOND-COLB on behalf of ACLU of Missouri Foundation (CCAM)

Nov. 15, 2017

Nov. 15, 2017

PACER
60

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Certify Class by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Rothert, Anthony) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
61

Docket Text ORDER: Re: 60 Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Certify Class by Plaintiffs. ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 11/20/2017. (CBL) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
62

TRANSCRIPT of 48 (PRELIMINARY INJUNCTION HEARING - VOLUME 1) held on October 18, 2017. before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (CBL) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
63

TRANSCRIPT of 49 (PRELIMINARY INJUNCTION HEARING - VOLUME 2) held on October 19, 2017 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (CBL) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
64

TRANSCRIPT of 51 (PRELIMINARY INJUNCTION HEARING - VOLUME 3) held on 10/23/17 before Judge Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 12/13/2017. Redacted Transcript Deadline set for 12/26/2017. Release of Transcript Restriction set for 2/20/2018. (EAB) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
65

EXHIBITS Received: Plaintiff's Exhibit from Preliminary Injunction : Exhibits 1, 2, 3, 4, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51 (located in a three ringed binder), DVD's marked Ex. 5, 6 & 7, 8, 9 & 10, 14, 52 & 53 by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (All exhibits are located in the fileroom.)(MCB) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
66

REPLY to Response to Motion re 20 MOTION to Certify Class filed by Plaintiffs Maleeha S. Ahmad, Brian Baude, Alison Dreith, Iris Maclean, W. Patrick Mobley. (Attachments: # 1 Order - Hussein v. County of St. Louis)(Rothert, Anthony) (Entered: 12/04/2017)

1 Order - Hussein v. County of St. Louis

View on PACER

Dec. 4, 2017

Dec. 4, 2017

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67

Consent MOTION for Leave to designate a neutral not on the list of certified neutrals maintained by the Court by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

RECAP
68

Docket Text ORDER: Re: 67 Consent MOTION for Leave to designate a neutral not on the list of certified neutrals ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 12/11/17. (CDP) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
69

NOTICE of Appointment of Neutral. Neutral name: Goldman, Roger L. Neutral selected by Parties. (Notice emailed to Neutral Roger Goldman on 12/11/17).(EAB) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
70

Designation of Neutral by parties and ADR Conference Report by Plaintiff Maleeha S. Ahmad Neutral: Goldman, Ronald Date of Conference: January 10, 2018 time: 9:00 a.m. Location: Saint Louis University School of Law(Rothert, Anthony) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

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71

Consent MOTION to Dismiss Party (Plaintiffs Alison Dreith and Iris Maclean) by Plaintiffs Alison Dreith, Iris Maclean. (Rothert, Anthony) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

RECAP
72

Docket Text ORDER: Re: 71 Consent MOTION to Dismiss Party (Plaintiffs Alison Dreith and Iris Maclean); ORDERED GRANTED, claims of plaintiffs Alison Dreith and Iris Maclean only are dismissed without prejudice. Signed by District Judge Catherine D. Perry on 1/31/18. (CDP) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
73

ADR COMPLIANCE REPORT by Neutral: Goldman, Roger L.; The parties have elected to extend the completion deadline 14 days and will continue efforts to assist the parties in reaching a settlement. ADR Completion Deadline due by 2/15/2018. ADR Compliance Report Deadline due by 3/1/2018.(EAB) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
74

Consent MOTION for Extension of Time to Complete Mediation by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

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75

Docket Text ORDER: Re: 74 Consent MOTION for Extension of Time to Complete Mediation by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) filed by Maleeha S. Ahmad ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 2/16/18. (CDP) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
76

Second MOTION for Extension of Time to Complete Mediation through March 16, 2018 by Plaintiffs Maleeha S. Ahmad, Brian Baude, W. Patrick Mobley. (Rothert, Anthony) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
77

Docket Text ORDER: Re: 76 Second MOTION for Extension of Time to Complete Mediation through March 16, 2018 by Plaintiffs Maleeha S. Ahmad, Brian Baude, W. Patrick Mobley. ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 3/1/2018. (CBL) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
78

ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 2. Joint Scheduling Plan due by 4/27/2018. Rule 16 Conference set for 5/4/2018 12:30 PM in Chambers before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 3/12/18. (EAB) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

RECAP
79

ADR COMPLIANCE REPORT by Neutral: Roger Goldman. The parties have elected to extend the completion deadline to May 10, 2018 (as discussed with Judge Perry by the attorneys) and will continue efforts to assist the parties in reaching a settlement. ADR Completion Deadline due by 5/10/2018. ADR Compliance Report Deadline due by 5/24/2018.(MCB) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
80

JOINT SCHEDULING PLAN by Plaintiff Maleeha S. Ahmad. . (Rothert, Anthony) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

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81

CASE MANAGEMENT ORDER (See Full Order) This case is assigned to Track: 3. Motion to Join Parties due by 7/30/2018. Discovery Completion due by 4/29/2019. Non-Dispositive Motions due by 5/6/2019. Dispositive Motions due by 4/29/2019. Pretrial Compliance due by 8/6/2019. Motion in Limine due by 8/16/2019. Bench Trial set for 8/26/2019 08:30 AM in Courtroom 14S before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 5/4/18. (EAB) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
82

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Anthony Rothert. ADR Completion Deadline due by 6/1/2019. ADR Compliance Report Deadline due by 6/15/2019. Designation of Neutral/Conference Report due by 4/21/2019. Signed by District Judge Catherine D. Perry on 5/4/18. (EAB) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

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83

MOTION to Consolidate Cases Consolidate with higher case number 4:18-cv-308 by Plaintiff Michael A Faulk. (Waldron, John) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

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84

MEMORANDUM in Support of Motion re 83 MOTION to Consolidate Cases Consolidate with higher case number 4:18-cv-308 filed by Plaintiff Michael A Faulk. (Waldron, John) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

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85

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion to consolidate the instant case with Case Number 4: 18 CV 308 JCH 83 is denied. Signed by District Judge Catherine D. Perry on June 14, 2018. (MCB) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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86

Joint MOTION to Amend/Correct 81 Case Management Order, To Postpone Two Deadlines Three Weeks by Plaintiffs Maleeha S. Ahmad, Brian Baude, W. Patrick Mobley. (Steffan, Jessie) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

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87

Docket Text ORDER: Re: 86 Joint MOTION to Amend/Correct 81 Case Management Order, To Postpone Two Deadlines Three Weeks ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 7/31/18. (CDP) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
88

MOTION for Leave to file second amended complaint by Plaintiffs Maleeha S. Ahmad, Brian Baude, W. Patrick Mobley. (Attachments: # 1 proposed second amended complaint)(Rothert, Anthony) (Entered: 08/20/2018)

1 proposed second amended complaint

View on PACER

Aug. 20, 2018

Aug. 20, 2018

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89

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion for leave to file second amended complaint 88 is granted, and the second amended complaint is deemed filed as of this date. IT IS FURTHER ORDERED that the motion to certify class 20 directed to the amended complaint is denied without prejudice as moot, and plaintiffs shall file their motion and supporting memorandum to certify the proposed class set out in the second amended complaint by no later than January 4, 2019, or the class allegations will be stricken from the complaint without further notice by the Court. Defendant shall file any opposition to class certification by no later than February 1, 2019, and plaintiffs may file any reply brief in support of class certification by no later than February 11, 2019. Signed by District Judge Catherine D. Perry on September 5, 2018. (MCB) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

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90

SECOND AMENDED COMPLAINT FOR PROSPECTIVE RELIEF against defendant St. Louis, Missouri, City of Amendment to 9 Amended Complaint,, filed by W. Patrick Mobley, Maleeha S. Ahmad, Brian Baude. Related document: 9 Amended Complaint, filed by Maleeha S. Ahmad, W. Patrick Mobley, Brian Baude, Alison Dreith, Iris Maclean.(MCB) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

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91

MOTION to Dismiss : claims of Brian Baude only by Plaintiff Brian Baude. (Rothert, Anthony) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

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92

MOTION to Add Party by Plaintiff Maleeha S. Ahmad. (Rothert, Anthony) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

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93

RESPONSE to Motion re 91 MOTION to Dismiss : claims of Brian Baude only, 92 MOTION to Add Party filed by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
94

REPLY to Response to Motion re 91 MOTION to Dismiss : claims of Brian Baude only, 92 MOTION to Add Party filed by Plaintiff Maleeha S. Ahmad. (Attachments: # 1 Exhibit)(Rothert, Anthony) (Entered: 10/04/2018)

1 Exhibit

View on PACER

Oct. 4, 2018

Oct. 4, 2018

PACER
95

MEMORANDUM AND ORDER (See Full Order)IT IS HEREBY ORDERED that the motion to dismiss the claims of Brian Baude without prejudice 91 is granted. IT IS FURTHER ORDERED that the motion to add party 92 is granted, and Pamela Lewczuk is added to the second amended complaint and the docket sheet as a named plaintiff in this case. IT IS FURTHER ORDERED that defendant is reminded that its Answer to the Second Amended Complaint was due some time ago and has not been filed. Signed by District Judge Catherine D. Perry on 10/10/18. (EAB) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

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96

Consent MOTION for Leave to File Answer Out of Time by Defendant St. Louis, Missouri, City of. (Relys, H.) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Policing

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 22, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were allegedly subjected to unlawful retaliation by police following their participation in September 2017 protests in St. Louis, MO. In May 2019, the district court granted class certification to future participants or observers of non-violent demonstrations (and people who record such demonstrations or police activity at them) for the exercise of First Amendment rights in St. Louis. In April 2021, the Eighth Circuit vacated, without prejudice, the grant of class certification.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of St. Louis, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Freedom of speech/association

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

Order Duration: 2017 - 2021

Content of Injunction:

Preliminary relief granted

Retaliation Prohibition

Required disclosure

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Pepper/OC spray

Restraints : physical