Case: McNeil v. Community Probation Services

1:18-cv-00033 | U.S. District Court for the Middle District of Tennessee

Filed Date: April 23, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 23, 2018, five residents of Tennessee filed this putative class action lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiffs sued the Tennessee Correctional Services, and two for-profit probation companies, Community Probation Services (CPS) and Progressive Sentencing, Inc. (PSI), all under the Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sough…

On April 23, 2018, five residents of Tennessee filed this putative class action lawsuit in the U.S. District Court for the Middle District of Tennessee. The plaintiffs sued the Tennessee Correctional Services, and two for-profit probation companies, Community Probation Services (CPS) and Progressive Sentencing, Inc. (PSI), all under the Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought declaratory, injunctive, and monetary relief, as well as attorneys’ fees and costs. The case was originally assigned to Chief Judge Waverly D. Crenshaw, Jr.

The plaintiffs claimed that CPS and PSI, through their contract with Tennessee Correctional Services, acted as "for profit probation officers" overseeing the collection of fines and other court debts on behalf of Giles County. In this role, the defendants allegedly maximized their own profits for the purposes of collecting court debts by adding additional fees and surchages on top of the existing debt owed by probationers. The companies' supervision of probation payments, according to the plaintiffs, consisted of charging monthly fees' the probationers often could not afford, repeatedly making threats of jail time to induce payment, and humiliating supervision of drug testing. They also alleged that this created a conflict of interest: purportedly neutral probation officers were financially inclined to impose higher costs on indigent probationers.

Claims

The plaintiffs claimed that the defendants violated RICO by acting as an extortionate enterprise focused on creating financial hardship. Individuals who were supervised by the companies had lost homes, jobs, and personal belongings, suffered severe medical problems; they had gone without food, clothing, and medicine for themselves and their children to pay for the escalating supervision fees that the companies demanded under threat of arrest and jailing.

Additionally, the plaintiffs argued that Giles County's process for setting bail violated the Equal Protection and Due Process Clause of the Fourteenth Amendment. They alleged that judges set bail for probationers alleged violations without an inquiry into their ability to pay. Consequently, the plaintiffs faced the prospect, and in some instances were, jailed for up to 10 days. The plaintiffs alleged that this deprivation of liberty violated the constitutional prohibition against wealth-based detention and discriminated against them on the basis of their indigence.

Early Procedural History

On the same day the complaint was filed, the plaintiffs moved to certify two classes, a class for equitable relief encompassing “[a]ll persons who, at any time since April 23, 2014, (1) have incurred, or will incur, court-imposed financial obligations arising from a traffic or misdemeanor case in Giles County General Sessions or Circuit Court; and (2) are currently being supervised, or will be supervised, on probation in that case by any of the defendants” and a separate damages class under the same definition.

On July 13, 2018 the case was transferred to Judge William L. Campbell, Jr. On the same day, plaintiffs moved for a temporary restraining order barring the defendant from jailing one of the named plaintiffs. The order was granted. Judge Campbell held that the plaintiff had demonstrated she was likely to succeed on the merits of both Fourteenth Amendment challenges. Further, the Court held that her jailing would cause an immediate and irreparable harm to her and the four children she supports.

On July 30, 2018, the plaintiffs moved for a class-wide preliminary injunction. Giles County moved to dismiss the complaint on August 6, 2018. They argued that the plaintiffs' claims were misplaced; judicial actions, not Giles County policy or custom, were the source of the plaintiffs' alleged constitutional violations. Additionally, they argued that Giles County retained sovereign immunity for any abuse of process claim, and therefore could not be liable for the plaintiff's allegations of wealth-based detentions.

For the next few months, the parties traded motions on the preliminary injunction and class action certification. U.S. Magistrate Judge Jeffrey S. Frensley denied a non-party's motion to quash testimony. 2018 WL 5728527. The court also held that private parties would not be subject to adjudications on injunctive relief on January 3, 2019. On January 7, 2019, Judge William L. Campbell Jr denied as moot a number of motions related to exclusion of testimony and evidence. 2019 WL 298474.

Preliminary Injunction

On February 14, 2019, the judge granted the plaintiffs' preliminary injunction against the county's enforcement of bail requirements for an indefinite period. 2019 WL 633012. Judge William L. Campbell Jr. held that the county's failure to inquire into the probationers' failure to pay, and subsequent jailing for that failure to pay, likely violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Court found that the county's secured bail policy was entitled to heightened judicial scrutiny because "plaintiffs have demonstrated an inability to afford bail and an absence of meaningful consideration of alternatives to secured bail." Further, the defendants' failure to make factual findings concerning the arrestee's ability to pay, the necessity of detention, or the adequacy of alternative conditions of release was also held likely to be unconstitutional. Judge Campbell rejected the defendants' argument that they were following the statutorily-defined process, finding that there was "no state statute requiring such a procedure" and holding that the Supremacy Clause allowed the Court to enjoin the process.

The order stated that the defendant correctional services agency was enjoined from detaining any person on misdemeanor probation for a secured bail amount unless there was (1) notice to the arrestee and an opportunity to be heard by an appropriate judicial officer; and (2) findings by that judicial officer concerning the arrestee’s ability to pay, alternatives to secured bail, and whether pre-revocation detention is necessary to meet a compelling governmental interest. Giles County and the Sheriff appealed this order on March 20, 2019 to the Sixth Circuit.

Summary Judgement and Appellate Proceedings

On April 18, 2019, CPS and one of its employees moved for summary judgment, claiming qualified and sovereign immunity for their actions. Over the next few months, the parties began discovery and attempted to settle the dispute. On June 14, 2019, Judge William L. Campbell Jr. denied the motion for summary judgment without prejudice as premature, allowing discovery to continue. The defendants appealed on June 19, 2019.

United States Magistrate Judge Jeffrey S. Frensley held on October 29, 2019 that the named defendant PSI was compelled to produce electronically stored information, rejecting the defendant's motion to stay discovery pending a decision on the previous motion for summary judgment. 2019 WL 5957004.

Meanwhile, the Sixth Circuit affirmed the preliminary injunction on December 23, 2019 in an opinion written by Judge Jeffrey S. Sutton. The court rejected the argument that the plaintiffs should have sued the state judges rather than the sheriffs and county officials who enforced the bail requirements. 945 F.3d 991. Judge Sutton held that the alleged violation was the product of two actions - the judge's determination of bail without consideration of financial condition and Giles County's jailing of the probationer. Both were actionable. Consequently, the court found that since the plaintiff is the "master of the complaint" they were free to choose which parties to sue. In addition, the Court found that since the sheriff was "actively administering" the alleged unconstitutional policy, sovereign immunity did not apply, rejecting the defendant's argument that the preliminary injunction unduly expanded ex Parte Young liability.

On February 28, 2020 the Sixth Circuit affirmed the denial of summary judgment for CPS and one of its employees. 803 Fed.Appx. 846. The court held that qualified immunity did not apply to the defendants because they faced "no prospect of damages liability." Judge Sutton also rejected CPS's argument that they acted in an official capacity barring any money damages of relief. The threshold question was whether CPS acted for the state or the county. The court held that because the county paid judgment, CPS's actions were county actions. Consequently, since county actions are not eligible for sovereign immunity, neither was CPS's action; the court indicated it knew of "no case in which a private probation company has successfully invoked sovereign immunity."

Current Status

As of June 7, 2020 the case is ongoing and is in discovery with class certification and motions for summary judgment and dismissal pending. The most recent docket entry was filed on June 4, 2020 and was a motion to dismiss for lack of jurisdiction filed by the defendant PSI.

Summary Authors

Jake Parker (6/13/2018)

Graham Rotenberg (6/2/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6848853/parties/mcneil-v-community-probation-services-llc/


Judge(s)

Campbell, William Lynn Jr. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Frensley, Jeffrey S (Tennessee)

Attorneys(s) for Plaintiff

Badlani, Chirag (Illinois)

Garrison, David W. (Tennessee)

Halperin, Eric I. (District of Columbia)

Mothershead, Kyle F. (Tennessee)

Piers, Matthew J. (Illinois)

Rossi, Elizabeth Anne (District of Columbia)

Schwartz, Kate E. (Illinois)

Judge(s)

Campbell, William Lynn Jr. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Frensley, Jeffrey S (Tennessee)

Attorneys(s) for Plaintiff

Badlani, Chirag (Illinois)

Garrison, David W. (Tennessee)

Halperin, Eric I. (District of Columbia)

Mothershead, Kyle F. (Tennessee)

Piers, Matthew J. (Illinois)

Rossi, Elizabeth Anne (District of Columbia)

Schwartz, Kate E. (Illinois)

Tift, Scott P. (Tennessee)

Twinem, Alexandria (District of Columbia)

Wang, Jonas (District of Columbia)

Attorneys(s) for Defendant

Crane, Cassandra M (Tennessee)

Greppin, Andre S. (Tennessee)

Henson, Lucy D. (Tennessee)

McMillan, Brandt M (Tennessee)

O'Connor, Timothy Nei; (Tennessee)

Rader, Daniel Hurley III (Tennessee)

Williams, John Christopher (Tennessee)

Other Attorney(s)

Ahillen, Joseph Paul (Tennessee)

Ross, Heather Cairns (Tennessee)

Saulters, Donald A. (Tennessee)

Documents in the Clearinghouse

Document

1:18-cv-00033

Docket [PACER]

June 17, 2020

June 17, 2020

Docket
1

1:18-cv-00033

Class Action Complaint

April 23, 2018

April 23, 2018

Complaint
45

1:18-cv-00033

Temporary Restraining Order

July 13, 2018

July 13, 2018

Order/Opinion
180

1:18-cv-00033

Brief of Community Probation Services, LLC and Patricia McNair Concerning Standing to Oppose Plaintiff's Motion for Preliminary Injunction

Nov. 26, 2018

Nov. 26, 2018

Pleading / Motion / Brief
181

1:18-cv-00033

PSI Defendants' Brief on the Issue of Standing to Participate in the Preliminary Injunction Hearing

Nov. 26, 2018

Nov. 26, 2018

Pleading / Motion / Brief
199

1:18-cv-00033

Order

Jan. 7, 2019

Jan. 7, 2019

Order/Opinion
198

1:18-cv-00033

Order

Jan. 7, 2019

Jan. 7, 2019

Order/Opinion
225

1:18-cv-00033

Preliminary Injunction Order

Feb. 14, 2019

Feb. 14, 2019

Order/Opinion
256

1:18-cv-00033

Second Amended Complaint - Class Action

April 23, 2019

April 23, 2019

Complaint
340

1:18-cv-00033

Order

Oct. 29, 2019

Oct. 29, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6848853/mcneil-v-community-probation-services-llc/

Last updated Jan. 22, 2023, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Markeyta Bledsoe, Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Timothy Cook, Giles County, Tennessee, Patricia McNair, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson (Filing fee $400, Receipt number 0650-2657283), filed by Indya Hilfort, Karen McNeil, Lesley Johnson, Sonya Beard, Tanya Mitchell. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Exhibit 1 - CPS-Giles contract, # 3 Exhibit 2 - PSI-Giles contract, # 4 Exhibit 3 - Letter)(mg) (Entered: 04/23/2018)

1 Attachment Civil Cover Sheet

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2 Exhibit 1 - CPS-Giles contract

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3 Exhibit 2 - PSI-Giles contract

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4 Exhibit 3 - Letter

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April 23, 2018

April 23, 2018

RECAP
2

NOTICE of Corporate Disclosure Statement filing requirement. (mg) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
3

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
4

NOTICE of Initial Case Management Conference set for 6/1/2018 at 12:00 PM in Columbia before Magistrate Judge Jeffery S. Frensley. (mg) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
5

MOTION to Certify Class by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Rossi, Elizabeth) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
6

MEMORANDUM in Support of 5 MOTION to Certify Class filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell . (Attachments: # 1 Exhibit Rossi declaration, # 2 Exhibit Piers declaration, # 3 Exhibit Mothershead declaration, # 4 Attachment Proposed Order)(Rossi, Elizabeth) (Entered: 04/23/2018)

1 Exhibit Rossi declaration

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2 Exhibit Piers declaration

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3 Exhibit Mothershead declaration

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4 Attachment Proposed Order

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April 23, 2018

April 23, 2018

PACER

TN State Bar status verified as active for Kyle F. Mothershead. (mg)

April 23, 2018

April 23, 2018

PACER

IL State Bar status verified as active for Matthew J. Piers, Chirag Badlani, and Kate E. Schwartz. (mg)

April 23, 2018

April 23, 2018

PACER

NOTICE TO COUNSEL Elizabeth Anne Rossi, Jonas Wang, Eric Halperin, Matthew J. Piers, Chirag Badlani, Kate Schwartz: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 5/14/2018. (mg)

April 23, 2018

April 23, 2018

PACER

MD State Bar status verified as active for Elizabeth Anne Rossi, DC State Bar status verified as active for Jonas Wang, and DC and MD State Bar status verified as active for Eric Halperin. (mg)

April 23, 2018

April 23, 2018

PACER

Annotation - PHV

April 23, 2018

April 23, 2018

PACER

Annotation - Bar Status

April 23, 2018

April 23, 2018

PACER
7

MOTION for attorney(s) Matthew J. Piers to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2658450) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Certificate of Good Standing)(Piers, Matthew) (Entered: 04/24/2018)

1 Attachment Certificate of Good Standing

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April 24, 2018

April 24, 2018

PACER
8

MOTION for attorney(s) Chirag G. Badlani to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2659035) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Certificate of Good Standing)(Piers, Matthew) (Entered: 04/25/2018)

1 Attachment Certificate of Good Standing

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April 25, 2018

April 25, 2018

PACER
9

MOTION for attorney(s) Kate E. Schwartz to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2659046) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Certificate of Good Standing)(Piers, Matthew) (Entered: 04/25/2018)

1 Attachment Certificate of Good Standing

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April 25, 2018

April 25, 2018

PACER
10

MOTION for attorney(s) Elizabeth Rossi to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2659105) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Certificate of Good Standing)(Rossi, Elizabeth) (Entered: 04/25/2018)

1 Attachment Certificate of Good Standing

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April 25, 2018

April 25, 2018

PACER
11

MOTION for attorney(s) Jonas Wang to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2659124) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Certificate of Good Standing)(Rossi, Elizabeth) (Entered: 04/25/2018)

1 Attachment Certificate of Good Standing

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April 25, 2018

April 25, 2018

PACER
12

ORDER: Pending before the Court are Plaintiffs' Motions for Admission Pro Hac Vice for attorneys Matthew J. Piers, Chirag G. Badlani, Kate E. Schwarz, Elizabeth Rossi, and Jonas Wang. Docket Nos. 7-11. The requirements under Local Rule 83.01(d) have been satisfied. Therefore, these Motions are GRANTED. IT IS SO ORDERED. Signed by Magistrate Judge Jeffery S. Frensley on 4/26/18. (af) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
13

Summons issued as to Markeyta Bledsoe, Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Timothy Cook, Giles County, Tennessee, Patricia McNair, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson. Service copies will be returned to counsel by mail. (mg) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
14

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(d)(5). Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/30/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 05/01/2018)

April 30, 2018

April 30, 2018

PACER
15

SUMMONS returned executed by Indya Hilfort, Karen McNeil, Lesley Johnson, Sonya Beard, Tanya Mitchell. Markeyta Bledsoe served on 5/16/2018; Timothy Cook served on 5/16/2018; Patricia McNair served on 5/16/2018; PSI-Probation II, LLC served on 5/16/2018; PSI-Probation, L.L.C. served on 5/16/2018; Progressive Sentencing, Inc. served on 5/16/2018; Tennessee Correctional Services, LLC served on 5/16/2018. (Schwartz, Kate) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
16

WAIVER OF SERVICE Returned Executed by Indya Hilfort, Karen McNeil, Lesley Johnson, Sonya Beard, Tanya Mitchell. Giles County, Tennessee waiver sent on 4/30/2018. (Schwartz, Kate) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
17

First MOTION for Extension of Time to File Answer or Responsive Pleading by Markeyta Bledsoe, Timothy Cook, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson. (McMillan, Brandt) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
18

MOTION to Continue Initial Case Management Conference by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Proposed Order)(Rossi, Elizabeth) (Entered: 05/24/2018)

1 Attachment Proposed Order

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May 24, 2018

May 24, 2018

PACER
19

CERTIFICATE Conformed Certificate of Service filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell re 18 MOTION to Continue Initial Case Management Conference filed by Karen McNeil, Tanya Mitchell, Lesley Johnson, Indya Hilfort, Sonya Beard. (Rossi, Elizabeth) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
20

NOTICE of Appearance by Robyn Beale Williams on behalf of Giles County, Tennessee (Williams, Robyn) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
21

NOTICE of Appearance by Cassandra M. Crane on behalf of Giles County, Tennessee (Crane, Cassandra) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
22

MOTION for Extension of Time to File Answer re 1 Complaint,, by Giles County, Tennessee. (Crane, Cassandra) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER

Notice to Filer re DE 18 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (mg)

May 25, 2018

May 25, 2018

PACER

Docket Annotation

May 25, 2018

May 25, 2018

PACER
23

SUMMONS returned executed by Indya Hilfort, Karen McNeil, Lesley Johnson, Sonya Beard, Tanya Mitchell. Community Probation Services served on 5/21/2018; Community Probation Services, L.L.C. served on 5/21/2018; Community Probation Services, LLC served on 5/21/2018; Harriet Thompson served on 5/21/2018. (Schwartz, Kate) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
24

ORDER: Plaintiffs' Motion to Reschedule the Initial Case Management Conference is GRANTED, and continued to October 25, 2018, at 8:30 a.m. in Columbia, Tennessee. If dispositive motions are filed, the case management conference shall be rescheduled. Defendants' Motions for Extension of Time to File Responsive Pleadings are GRANTED. All responsive pleadings are due on or before August 6, 2018. Accordingly, if Motions to Dismiss are filed, Plaintiffs' response is due on or before October 5, 2018, and Defendants' replies on or before October 25, 2018. Signed by Magistrate Judge Jeffery S. Frensley on 5/29/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER

Annotation - Bar Status

May 29, 2018

May 29, 2018

PACER

Set/Reset Hearings

May 29, 2018

May 29, 2018

PACER

TN State Bar status verified as active for Robyn Beale Williams, and Cassandra M. Crane. (mg)

May 29, 2018

May 29, 2018

PACER

Reset Hearing: Initial Case Management Conference is reset for 10/25/2018 at 08:30 AM in Columbia before Magistrate Judge Jeffery S. Frensley. (mg)

May 29, 2018

May 29, 2018

PACER
25

NOTICE of Appearance by John Christopher Williams on behalf of Giles County, Tennessee (Williams, John) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

Annotation - Bar Status

June 1, 2018

June 1, 2018

PACER

TN State Bar status verified as active for John Christopher Williams. (mg)

June 1, 2018

June 1, 2018

PACER
26

MOTION for attorney(s) Eric Halperin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2687288) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Halperin certificate of good standing)(Rossi, Elizabeth) (Entered: 06/08/2018)

1 Attachment Halperin certificate of good standing

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June 8, 2018

June 8, 2018

PACER
27

ORDER granting 26 Motion for Eric Halperin to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 6/11/2018. (mg) (Entered: 06/12/2018)

June 11, 2018

June 11, 2018

PACER

Annotation - Bar Status

June 11, 2018

June 11, 2018

PACER

D.C. State Bar status verified as active for Eric Halperin. (mg)

June 11, 2018

June 11, 2018

PACER
28

MOTION Joint Motion to Hold Plaintiff's Motion for Class Certification in Abeyance Until Initial Case Management Conference re 6 Memorandum in Support, 5 MOTION to Certify Class by Markeyta Bledsoe, Timothy Cook, Giles County, Tennessee, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson. (Crane, Cassandra) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
29

NOTICE of Appearance by Daniel H. Rader, IV on behalf of Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair (Rader, Daniel) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
30

MOTION for Extension of Time to File Answer re 24 Order on Motion for Extension of Time to Answer, Order on Motion to Continue, by Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair. (Rader, Daniel) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
31

Supplemental MOTION Hold in Abeyance re 28 MOTION Joint Motion to Hold Plaintiff's Motion for Class Certification in Abeyance Until Initial Case Management Conference re 6 Memorandum in Support, 5 MOTION to Certify Class, 5 MOTION to Certify Class by Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair. (Rader, Daniel) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
32

ORDER: Motion 30 GRANTED for an extension of time to file a response to the Complaint. Any and all responses to the complaint are due August 6, 2018. Signed by Magistrate Judge Jeffery S. Frensley on 6/19/2018. (mg) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER

TN State Bar status verified as active for Daniel H. Rader, IV. (mg)

June 19, 2018

June 19, 2018

PACER

Annotation - Bar Status

June 19, 2018

June 19, 2018

PACER
33

RESPONSE in Opposition re 28 MOTION Joint Motion to Hold Plaintiff's Motion for Class Certification in Abeyance Until Initial Case Management Conference re 6 Memorandum in Support, 5 MOTION to Certify Class, 31 Supplemental MOTION Hold in Abeyance re 28 MOTION Joint Motion to Hold Plaintiff's Motion for Class Certification in Abeyance Until Initial Case Management Conference re 6 Memorandum in Support, 5 MOTION to Certify Class filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Rossi, Elizabeth) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
34

MOTION for Leave to to File a Reply re 33 Response in Opposition to Motion,, to Hold Motion for Class Certification in Abeyance Until Initial Case Management Conference by Giles County, Tennessee. (Williams, Robyn) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
35

***DISREGARD, FILED IN ERROR BY COUNSEL, See D/E # 41 *** AMENDED COMPLAINT against All Defendants, filed by Indya Hilfort, Karen McNeil, Lesley Johnson, Sonya Beard, Tanya Mitchell. (Attachments: # 1 Exhibit CPS Contract, # 2 Exhibit PSI Contract, # 3 Exhibit Letter to Giles)(Rossi, Elizabeth) Modified text on 7/17/2018 (mg). (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
36

Amended MOTION to Certify Class by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Proposed Order)(Rossi, Elizabeth) (Entered: 07/13/2018)

1 Attachment Proposed Order

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July 13, 2018

July 13, 2018

PACER
37

MEMORANDUM in Support of 36 Amended MOTION to Certify Class filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell . (Attachments: # 1 Exhibit Rossi dec, # 2 Exhibit Piers dec, # 3 Exhibit Mothershead dec)(Rossi, Elizabeth) (Entered: 07/13/2018)

1 Exhibit Rossi dec

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2 Exhibit Piers dec

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3 Exhibit Mothershead dec

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July 13, 2018

July 13, 2018

PACER
38

NOTICE of Appearance by David W. Garrison on behalf of All Plaintiffs (Garrison, David) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
39

NOTICE of Appearance by Scott P. Tift on behalf of All Plaintiffs (Tift, Scott) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
40

ORDER: Pursuant to the Administrative Order No. 186, and in consultation with Judge William L. Campbell, Jr., this case is transferred to Judge William L. Campbell, Jr. All previously imposed deadlines and Court dates remain unchanged, pending any further order from the Court. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/13/18. (af) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
41

FIRST AMENDED COMPLAINT (CORRECTED) by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell as to 35 Amended Complaint (Rossi, Elizabeth) Modified text on 7/17/2018 (mg). (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
42

MOTION for Temporary Restraining Order by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Exhibit Declaration of Indya Hilfort, # 2 Exhibit General Sessions Order, # 3 Exhibit Circuit Court Order, # 4 Exhibit Proposed Order)(Rossi, Elizabeth) (Entered: 07/13/2018)

1 Exhibit Declaration of Indya Hilfort

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2 Exhibit General Sessions Order

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3 Exhibit Circuit Court Order

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4 Exhibit Proposed Order

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July 13, 2018

July 13, 2018

PACER
43

RESPONSE in Opposition re 42 MOTION for Temporary Restraining Order filed by Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair. (Attachments: # 1 Exhibit Violation of Probation)(Rader, Daniel) (Entered: 07/13/2018)

1 Exhibit Violation of Probation

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July 13, 2018

July 13, 2018

PACER
44

AFFIDAVIT re 42 MOTION for Temporary Restraining Order, 43 Response in Opposition to Motion, by Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair. (Rader, Daniel) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
45

TEMPORARY RESTRAINING ORDER: It is, therefore, ORDERED that, pursuant to Federal Rule of Civil Procedure 65, that: Defendant Giles County, its officers, agents, employees, servants, attorneys, and all persons in active concert or participation with them are hereby enjoined and restrained from enforcing against Plaintiff Hilfort any secured financial condition of release determined without an inquiry and findings concerning ability to pay by an appropriate judicial officer, pending further order of the Court. This TRO is effective upon its issuance on July 13, 2018, at 5:00 p.m., and expires on July 27, 2018, at 5:00 p.m., absent further order of the Court. Signed by District Judge William L. Campbell, Jr on 7/13/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP

Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Telephone Conference held on 7/13/2018 re 42 MOTION for Temporary Restraining Order filed by Karen McNeil, Tanya Mitchell, Lesley Johnson, Indya Hilfort, Sonya Beard. The Court GRANTED the Motion for Temporary Restraining Order, order to enter. (Court Reporter Patty Jennings.) (ab)

July 13, 2018

July 13, 2018

PACER

Telephone Conference

July 13, 2018

July 13, 2018

PACER
46

NOTICE of Filing by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell re 41 Notice (Other) (Attachments: # 1 Exhibit 1 - CPS Contract, # 2 Exhibit 2 - PSI Contract, # 3 Exhibit 3 - Letter to Giles County on Private Probation)(Garrison, David) (Entered: 07/17/2018)

1 Exhibit 1 - CPS Contract

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2 Exhibit 2 - PSI Contract

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3 Exhibit 3 - Letter to Giles County on Private Probation

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July 17, 2018

July 17, 2018

PACER

Annotation - Bar Status

July 17, 2018

July 17, 2018

PACER

TN State Bar status verified as active for David W. Garrison, and Scott P. Tift. (mg)

July 17, 2018

July 17, 2018

PACER
47

Summons issued as to Kyle Helton. Service copies picked-up by counsel. (mg) (Entered: 07/19/2018)

July 18, 2018

July 18, 2018

PACER
48

WAIVER OF SERVICE Returned Executed by Karen McNeil, Sonya Beard, Tanya Mitchell. Kyle Helton waiver sent on 7/23/2018. (Tift, Scott) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
49

Joint MOTION to Extend Temporary Restraining Order re 45 Order on Motion for TRO,,, by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment - Proposed Order)(Garrison, David) (Entered: 07/25/2018)

1 Attachment - Proposed Order

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July 25, 2018

July 25, 2018

PACER
50

ORDER granting 49 Joint Motion to Extend Restraining Order. It is hereby ORDERED that the Temporary Restraining Order ("TRO") issued on July 13, 2018 (Doc. No. 45 ) shall be extended, with the addition of language making clear that the TRO is limited to violation-of-probation warrants, until this Court decides whether or not to convert the TRO into a preliminary injunction or until the parties reach a resolution resolving this dispute. Signed by District Judge William L. Campbell, Jr on 7/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified text on 7/30/2018 (mg). (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
51

MOTION for Preliminary Injunction by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Attachment Proposed Order)(Garrison, David) (Entered: 07/30/2018)

1 Attachment Proposed Order

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July 30, 2018

July 30, 2018

PACER
52

MEMORANDUM in Support of 51 MOTION for Preliminary Injunction filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell . (Attachments: # 1 Exhibit 1 - Example Warrants Requiring Money Bail, # 2 Exhibit 2 - Example Warrants Alleging Solely Non-Payment)(Garrison, David) (Entered: 07/30/2018)

1 Exhibit 1 - Example Warrants Requiring Money Bail

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2 Exhibit 2 - Example Warrants Alleging Solely Non-Payment

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July 30, 2018

July 30, 2018

PACER
53

MOTION to set briefing schedule re 51 MOTION for Preliminary Injunction Unopposed Motion to Set Briefing Schedule by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Attachments: # 1 Exhibit A - Proposed Order)(Garrison, David) (Entered: 07/30/2018)

1 Exhibit A - Proposed Order

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July 30, 2018

July 30, 2018

PACER
54

ORDER: Plaintiffs' initial Motion for Class Certification (Doc. No. 5 ) is DENIED, as moot, in light of Plaintiffs' amended class certification motion. Defendant Giles County, Tennessee's Motion Seeking Leave to File a Reply (Doc. No. 34 ) is GRANTED. Defendants' Motions to Hold Plaintiffs' Motion for Class Certification in Abeyance Until Initial Case Management Conference (Doc. Nos. 28, 31 ) are REFERRED to the Magistrate Judge for consideration. The Magistrate Judge is directed to enter an order setting a schedule for discovery and briefing relating to the pending class certification motion. Signed by District Judge William L. Campbell, Jr on 7/31/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
55

NOTICE of Filing by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell re 52 Memorandum in Support, Notice of Filing Corrected Exhibits (Attachments: # 1 Exhibit 1 - Corrected Exhibit 1 - Warrants Requiring Money Bail, # 2 Exhibit 2 - Corrected Exhibit 2 - Warrants Alleging Non-payment)(Garrison, David) (Entered: 07/31/2018)

1 Exhibit 1 - Corrected Exhibit 1 - Warrants Requiring Money Bail

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2 Exhibit 2 - Corrected Exhibit 2 - Warrants Alleging Non-payment

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July 31, 2018

July 31, 2018

PACER
56

ORDER: Pending before the Court are Plaintiffs' Motion for Preliminary Injunction (Doc. No. 51 ), and Motion to Set Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction (Doc. No. 53 ). The Motion to Set Briefing Schedule (Doc. No. 53 ) is REFERRED to the Magistrate Judge to establish briefing deadlines and deadlines for any discovery related to the preliminary injunction hearing, and advise the Court of a target date for the preliminary injunction hearing. Signed by District Judge William L. Campbell, Jr on 7/31/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 08/01/2018)

July 31, 2018

July 31, 2018

PACER
57

MOTION for Leave to File Excess Pages on Memorandum in Support of Motion to Dismiss filed by Giles County, Tennessee, Kyle Helton. (Williams, Robyn) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
58

MOTION for Leave to File Excess Pages on Memorandum in Support of Motion to Dismiss filed by Giles County, Tennessee, Kyle Helton. (Williams, Robyn) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
59

ANSWER to 35 Amended Complaint, 1 Complaint,, ANSWER to 35 Amended Complaint, 1 Complaint, by Community Probation Services, Community Probation Services, L.L.C., Community Probation Services, LLC, Patricia McNair.(Rader, Daniel) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

RECAP
60

ANSWER to 35 Amended Complaint, (Corrected 41 ), First COUNTERCLAIM against Sonya Beard, Tanya Mitchell by Markeyta Bledsoe, Tennessee Correctional Services, LLC, Harriet Thompson, Timothy Cook, PSI-Probation, L.L.C., PSI-Probation II, LLC, Progressive Sentencing, Inc..(McMillan, Brandt) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
61

MOTION for Leave to to manually file video exhibit on compact disc re 60 Answer to Amended Complaint,, Counterclaim, by Markeyta Bledsoe, Timothy Cook, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson. (McMillan, Brandt) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
62

MOTION to Dismiss by Giles County, Tennessee. (Williams, Robyn) Modified on 8/7/2018 (dt). (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
63

MEMORANDUM in support of 62 MOTION to Dismiss by Giles County, Tennessee. (Williams, Robyn) Modified on 8/7/2018 (dt). (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
64

ORDER granting 61 Motion for Leave to Manually File Compact Disc of Video Recording as Exhibit 1 to the PSI Defendants' Answer and Counterclaim. Signed by District Judge William L. Campbell, Jr on 8/7/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
65

ORDER granting 57 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 8/7/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
66

ORDER: A telephone conference is set for August 22, 2018, at 10:00 a.m. with the undersigned on Plaintiffs' Motion to Set Briefing Schedule for the Motion for Preliminary Injunction (Docket No. 53 ). Counsel for the Plaintiff shall initiate the call, then contact the Court at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 8/8/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
67

Transcript filed for dates of July 13, 2018, before Judge William L. Campbell Jr. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/15/2018. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (Jennings, Patty) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

RECEIPT of Manual Filing by Markeyta Bledsoe, Timothy Cook, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, and Harriet Thompson re 64 Order on Motion for Leave to Manually File Compact Disc of Video Recording as Exhibit 1 to the PSI Defendants' Answer and Counterclaim. Compact Disc forwarded to Judge William L. Campbell, Jr chambers on 8/8/2018. (mg)

Aug. 8, 2018

Aug. 8, 2018

PACER

RECEIPT of Manual Filing

Aug. 8, 2018

Aug. 8, 2018

PACER
68

STATUS REPORT Regarding Plaintiffs' Motion for Preliminary Injunction by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Garrison, David) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
69

RESPONSE filed by Giles County, Tennessee, Kyle Helton re 68 Status Report filed by Karen McNeil, Tanya Mitchell, Lesley Johnson, Indya Hilfort, Sonya Beard . (Crane, Cassandra) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
70

MOTION to Dismiss Counterclaim of PSI Defendants by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell. (Garrison, David) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
71

MEMORANDUM in Support of 70 MOTION to Dismiss Counterclaim of PSI Defendants filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell . (Garrison, David) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 8/27/2018. Order to enter. (Tape #Not Recorded.) (hv)

Aug. 27, 2018

Aug. 27, 2018

PACER

Telephone Conference

Aug. 27, 2018

Aug. 27, 2018

PACER
72

ORDER: The Court held a status conference with the Parties on August 22, 2018. The County Defendant shall respond to the Plaintiffs' written discovery by September 12, 2018. The Parties are instructed to file additional briefs with the Court on or before September 5, 2018 not to exceed ten (10) pages addressing Plaintiff's requests to depose the two Tennessee state Court judges in this matter. Upon receipt of that briefing, the Court will rule on the issue of what if any additional discovery will be allowed and set a schedule for completion of the briefing on the Plaintiffs' Motion for Preliminary Injunction and recommend a target hearing date. Signed by Magistrate Judge Jeffery S. Frensley on 8/28/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified text on 8/30/2018 (mg). (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
73

MEMORANDUM in Support of 72 Order, Set Deadlines, filed by Sonya Beard, Indya Hilfort, Lesley Johnson, Karen McNeil, Tanya Mitchell Additional Brief RE Injunction Discovery. (Attachments: # 1 Exhibit 1 - August 2018 Email Exchange, # 2 Exhibit 2 - September 2018 Email Exchange)(Garrison, David) Modified Text on 9/6/2018 (am). (Entered: 09/05/2018)

1 Exhibit 1 - August 2018 Email Exchange

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2 Exhibit 2 - September 2018 Email Exchange

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Sept. 5, 2018

Sept. 5, 2018

PACER
74

NOTICE of Filing by Markeyta Bledsoe, Timothy Cook, PSI-Probation II, LLC, PSI-Probation, L.L.C., Progressive Sentencing, Inc., Tennessee Correctional Services, LLC, Harriet Thompson Memorandum Opposing Plaintiffs' Request to Depose Judicial Officals (McMillan, Brandt) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 23, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who, at any time since April 23, 2014, (1) have incurred court-imposed financial obligations arising from a traffic or misdemeanor case in Giles County General Sessions or Circuit Court; and (2) have been assigned to be supervised on probation in that case by any of the defendants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Giles County (Giles), County

Tennessee Correctional Services, LLC, State

Community Probation Services, LLC, Private Entity/Person

Progressive Sentencing, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Placement in detention facilities