Case: Justice Network v. Craighead County

U.S. Court of Appeals for the Eighth Circuit

U.S. Department of Justice

Andrew Cohen

Fine & Fees Justice Center

COMPLAINT with Jury Demand for Violation of Civil Rights and State Law, for Declaratory Relief, Injunctive Relief, and Damages against all Defendants filed by Justice Network Inc. (Fee $ 400. Receipt Number LIT062557.) Summons issued as to David Boling and Tommy Fowler and returned to counsel for service. (Attachments: # 1 Civil Cover Sheet)(mef) (Entered: 06/30/2017)

1 Civil Cover Sheet

View on PACER

ORDER of Recusal. The clerk must reassign this case at random by chip exchange. Signed by Judge D. P. Marshall Jr. on 7/3/2017. (mcz) (Entered: 07/03/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 2 Order, the Clerk's office has reassigned the case to Judge James M. Moody Jr. on 7/3/2017. (scw) (Entered: 07/03/2017)

Summons Issued as to Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Craighead County, Egypt, City of, Jonesboro, City of, Lake City, Arkansas, Monette, City of and returned to counsel for service. (alm)

MOTION for Leave to Appear pro hac vice by Joseph Horowitz. Fee $100 receipt number 0860-3082882. Filed by All Plaintiffs (Edwards, John) (Entered: 07/13/2017)

MOTION for Leave to Appear pro hac vice by Kevin McCormack. Fee $100 receipt number 0860-3082906. Filed by All Plaintiffs (Edwards, John) (Entered: 07/13/2017)

MOTION for Leave to Appear pro hac vice by Randall J. Fishman. Fee $100 receipt number 0860-3082927. Filed by All Plaintiffs (Edwards, John) (Entered: 07/13/2017)

MOTION for Leave to Appear pro hac vice by Richard S. Townley. Fee $100 receipt number 0860-3082931. Filed by All Plaintiffs (Edwards, John) (Entered: 07/13/2017)

ORDER admitting Joseph Horowitz, Kevin McCormack, Randall J. Fishman, and Richard S. Townley to practice pro hac vice before this Court in this matter and to represent Plaintiff. It is further ordered that the Court waives the local counsel requirement pursuant to Local Rule 83.5(d). Signed by Judge James M. Moody Jr. on 7/17/2017. (mcz) (Entered: 07/17/2017)

NOTICE of Appearance by Jason E. Owens on behalf of Craighead County (Owens, Jason) (Entered: 08/04/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Craighead County (Owens, Jason) (Entered: 08/04/2017)

BRIEF IN SUPPORT re 10 Motion to Dismiss for Failure to State a Claim filed by Craighead County. (Owens, Jason) (Entered: 08/04/2017)

NOTICE of Appearance by John Lennon Wilkerson on behalf of Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Egypt, City of, Lake City, Arkansas, Monette, City of (Wilkerson, John) (Entered: 08/07/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Egypt, City of, Lake City, Arkansas, Monette, City of (Wilkerson, John) (Entered: 08/07/2017)

BRIEF IN SUPPORT re 13 Motion to Dismiss for Failure to State a Claim filed by Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Egypt, City of, Lake City, Arkansas, Monette, City of. (Wilkerson, John) (Entered: 08/07/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jonesboro, City of (Ohm, Ralph) (Entered: 08/07/2017)

BRIEF IN SUPPORT re 15 Motion to Dismiss for Failure to State a Claim filed by Jonesboro, City of. (Ohm, Ralph) (Entered: 08/07/2017)

SUMMONS Returned Executed by Justice Network Inc. Egypt, City of served on 7/18/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Bay, City of served on 7/17/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Monette, City of served on 7/17/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Lake City, Arkansas served on 7/17/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Brookland, City of served on 7/19/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Caraway, City of served on 7/20/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. David Boling served on 7/19/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Bono, City of served on 7/18/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Craighead County served on 7/19/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Cash, City of served on 7/18/2017. (Edwards, John) (Entered: 08/08/2017)

SUMMONS Returned Executed by Justice Network Inc. Jonesboro, City of served on 7/18/2017. (Edwards, John) (Entered: 08/08/2017)

NOTICE of Appearance by Delena C. Hurst on behalf of David Boling, Tommy Fowler (Hurst, Delena) (Entered: 08/09/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by David Boling, Tommy Fowler (Hurst, Delena) (Entered: 08/09/2017)

BRIEF IN SUPPORT re 29 Motion to Dismiss for Failure to State a Claim filed by David Boling, Tommy Fowler. (Hurst, Delena) (Entered: 08/09/2017)

SUMMONS Returned Executed by Justice Network Inc. Tommy Fowler served on 8/9/2017. (Edwards, John) (Entered: 08/10/2017)

Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Justice Network Inc (Attachments: # 1 Exhibit Memorandum)(Edwards, John) (Entered: 08/18/2017)

1 Exhibit Memorandum

View on PACER

Order on Motion for Extension of Time to File Response/Reply

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 32 Motion for Extension of Time to File Response/Reply re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by September 1, 2017. Signed by Judge James M. Moody Jr. on 8/18/17. (amr) (Entered: 08/18/2017)

NOTICE of Appearance by Jon M. Greenbaum on behalf of Lawyers Committee for Civil Rights Under Law (jap) (Entered: 08/23/2017)

MOTION for Leave to File Amicus Brief by Lawyers Committee for Civil Rights Under Law (Attachment: # 1 Exhibit A) (jap) (Additional attachment(s) added on 8/23/2017: # 2 Exhibit A - Complete) (thd). (Entered: 08/23/2017)

1 Exhibit A - Incorrect (see below)

View on PACER

2 Exhibit A - Complete

View on PACER

NOTICE OF DOCKET CORRECTION re: 35 Motion for Leave to File Amicus Brief. CORRECTION: The original Exhibit A was attached to docket entry 35 in error (incomplete image file) due to a clerical mistake by the Clerk's office. The complete Exhibit A was added as an attachment to docket entry 35 and is attached hereto for review by the parties. (thd) (Entered: 08/23/2017)

RESPONSE in Support re 35 MOTION for Leave to File filed by Craighead County. (Owens, Jason) (Entered: 08/25/2017)

RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justice Network Inc. (Edwards, John) (Entered: 08/29/2017)

MOTION for Leave to File Reply in Support of Motion to Dismiss by David Boling, Tommy Fowler (Hurst, Delena) (Entered: 08/30/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 39 Motion for Leave to File. Separate Defendants, David Boling and Tommy Fowler may file a reply brief on or before September 18, 2017. Signed by Judge James M. Moody Jr. on 8/31/17. (amr) (Entered: 08/31/2017)

Order on Motion for Leave to File

MOTION for Leave to File Reply by Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Egypt, City of, Lake City, Arkansas, Monette, City of (Wilkerson, John) (Entered: 09/05/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 41 Motion for Leave to File. Separate Defendants will have up to and including 9/8/17 in which to file their reply brief. Signed by Judge James M. Moody Jr. on 9/6/17. (amr) (Entered: 09/06/2017)

Order on Motion for Leave to File

RESPONSE in Opposition re 35 MOTION for Leave to File filed by Justice Network Inc. (Edwards, John) (Entered: 09/06/2017)

REPLY to Response to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bay, City of, Bono, City of, Brookland, City of, Caraway, City of, Cash, City of, Egypt, City of, Lake City, Arkansas, Monette, City of. (Wilkerson, John) (Entered: 09/08/2017)

MOTION for Order to Adopt Separate Defendants' Reply to Plaintiff's Response to Motions to Dismiss by Jonesboro, City of (Ohm, Ralph) (Entered: 09/08/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 45 Motion to allow the adoption and incorporation of Separate Defendants' reply brief. Signed by Judge James M. Moody Jr. on 9/11/17. (amr) (Entered: 09/11/2017)

Order on Motion for Order

REPLY to Response to Motion re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Boling, Tommy Fowler. (Hurst, Delena) (Entered: 09/18/2017)

INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 11/13/2017; Rule 26(f) Report due by 11/27/2017. Proposed Jury Trial set sometime during the week of 7/30/2018 at 9:15 AM in Jonesboro Courtroom # 324 before Judge James M. Moody Jr. Signed at the Direction of the Court on 10/12/2017. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 10/12/2017)

1 Proposed Final Scheduling Order

View on PACER

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 35 Motion for Leave to File an amicus brief. The Lawyers' Committee for Civil Rights Under the Law is directed to file its amicus brief within five (5) days of the entry of this order. Signed by Judge James M. Moody Jr. on 10/24/17. (amr) (Entered: 10/24/2017)

Order on Motion for Leave to File

BRIEF filed by Lawyers Committee for Civil Rights Under Law (Attachments: # 1 Exhibit Exhibits to Amicus Brief)(Greenbaum, Jon) (Entered: 10/24/2017)

1 Exhibit Exhibits to Amicus Brief

View on PACER

RESPONSE re 50 Brief (non-appeal) Response to Amicus Brief by Justice Network Inc (Edwards, John) (Entered: 11/07/2017)

NOTICE of Appearance by Patrick E. Hollingsworth on behalf of David Boling, Tommy Fowler (Hollingsworth, Patrick) (Entered: 11/21/2017)

MOTION to Substitute Attorney by David Boling, Tommy Fowler (Hollingsworth, Patrick) (Entered: 11/21/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 53 Motion to Substitute Attorney. Attorney Delena C. Hurst terminated. Patrick E. Hollingsworth is substituted as counsel for Defendants Boling and Fowler. Signed by Judge James M. Moody Jr. on 11/27/17. (amr) (Entered: 11/27/2017)

Order on Motion to Substitute Attorney

REPORT of Rule 26(f) Planning Meeting by Justice Network Inc. Joint Report (Edwards, John) (Entered: 11/27/2017)

ORDER granting 10 , 13 , 15 , and 29 Motions to Dismiss. Signed by Judge James M. Moody Jr. on 11/28/2017. (jak)

JUDGMENT consistent with the Order entered on this date, it is considered, ordered, and adjudged that all claims against the Defendants are dismissed. Signed by Judge James M. Moody Jr. on 11/28/2017. (jak)

NOTICE OF APPEAL re 56 Order and 57 Judgment by Justice Network Inc. (Edwards, John) (Docket text modified on 12/21/2017 to establish linkage) (jak) (Entered: 12/20/2017)

NOTICE OF DOCKET CORRECTION re 58 Notice of Appeal. CORRECTION: The docket text was modified to establish linkage to docket entries 56 Order and 57 Judgment. (jak)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 58 Notice of Appeal filed by Justice Network Inc re: 56 Order and 57 Judgment. (mcz) (Entered: 12/21/2017)

USCA Docketing Letter and Briefing Schedule as to 58 Notice of Appeal filed by Justice Network Inc. USCA Case Number 17-3770. (mcz) (Entered: 12/21/2017)

USCA Appeal Fees received $505 paid, receipt number LIT065052 re 58 Notice of Appeal filed by Justice Network Inc. (mcz) (Entered: 12/27/2017)

OPINION of USCA as to 58 Notice of Appeal filed by Justice Network Inc. (cmn) (Entered: 07/26/2019)

USCA JUDGMENT as to 58 Notice of Appeal filed by Justice Network Inc: The judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (cmn) (Entered: 07/26/2019)

MANDATE of USCA in accordance with the opinion and judgment of 07/26/2019, as to 58 Notice of Appeal filed by Justice Network Inc. (cmn) (Entered: 08/21/2019)