Case: Briggs v. Montgomery

2:18-cv-02684 | U.S. District Court for the District of Arizona

Filed Date: Aug. 23, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 23, 2018, three Maricopa County, Arizona residents who were referred to Maricopa County's Marijuana Diversion program filed this class action lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued Maricopa County and Treatment Assessment Screening Center, Incorporated, a private company, under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought injunctive and monetary relief, claiming violations of the Fourth…

On August 23, 2018, three Maricopa County, Arizona residents who were referred to Maricopa County's Marijuana Diversion program filed this class action lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued Maricopa County and Treatment Assessment Screening Center, Incorporated, a private company, under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought injunctive and monetary relief, claiming violations of the Fourth and Fourteenth Amendments. The plaintiffs alleged that the Maricopa County Attorney's Office and Treatment Assessment Screening Center jointly operated a marijuana possession diversion program that discriminated against the poor in violation of the Fourteenth Amendment, and led to unreasonable searches and seizures in violation of the Fourth and Fourteenth Amendments. Specifically, the defendants were, under threat of felony prosecution, subject to longer terms of imprisonment, repeated drug tests and increased fee payments due to their inability to pay fees associated with the program. One class member individually sought injunctive relief to prevent Maricopa County from keeping her in the diversion program if she could not pay the fees associated with completing the program. The case was assigned to Judge James A. Teilborg but immediately reassigned to Judge Steven P. Logan.

On October 12, 2018, the case was reassigned to Judge James A. Soto. That same day, the plaintiffs filed an amended complaint on October 12, 2018, adding a third representative to the class.

In January 2019, the parties agreed to Magistrate Judge Jurisdiction and the case was assigned to Magistrate Judge Eric J. Markovich.

After the submission of the amended complaint, several defendants filed motions to dismiss the case with regards to the allegations leveled against them specifically. Magistrate Judge Eric J. Markovich denied all these motions in a June 18, 2019 order (2019 WL 2515950). He stated that the plaintiffs sufficiently pleaded the elements of a 42 U.S.C. § 1983 claim and that, because the violations of rights were ongoing, there is no statute of limitations concerns. As for the Treatment Assessment Screening Center, he stated that the group was not subject to qualified immunity because it was being sued as an organization, not in individual capacity. He also wrote that the County Attorney was eligible for suit because he oversaw what the plaintiffs allege is a discriminatory practice. He added that as a municipality, the County Attorney was not subject to sovereign immunity.

On September 23, 2019, the plaintiffs submitted a second amended complaint adding another representative to the class. Discovery is ongoing in the case.

Summary Authors

Emma Holcomb (10/17/2018)

Ellen Aldin (6/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7741894/parties/briggs-v-adel/


Judge(s)

Logan, Steven Paul (Arizona)

Markovich, Eric J. (Arizona)

Soto, James Alan (Arizona)

Attorneys(s) for Plaintiff

Animashaun, Akeeb Dami (District of Columbia)

Bendor, Joshua David R. (Arizona)

Boykin, Olevia (District of Columbia)

Chamblee-Ryan, Katherine Ashworth (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Eckstein, Timothy Joel (Arizona)

MacDougall, Sarah (New York)

Judge(s)

Logan, Steven Paul (Arizona)

Markovich, Eric J. (Arizona)

Soto, James Alan (Arizona)

Attorneys(s) for Plaintiff

Animashaun, Akeeb Dami (District of Columbia)

Bendor, Joshua David R. (Arizona)

Boykin, Olevia (District of Columbia)

Chamblee-Ryan, Katherine Ashworth (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Eckstein, Timothy Joel (Arizona)

MacDougall, Sarah (New York)

Umana, ImeIme (District of Columbia)

Williamson, Virginia (District of Columbia)

Young, Stanley (California)

Attorneys(s) for Defendant

Branco, Joseph James (Arizona)

Henry, Robert Arthur (Arizona)

Kszywienski, Kelly Ann (Arizona)

Lockerby, Jennifer Gail (Arizona)

Uglietta, Ann Thompson (Arizona)

Weaver, Amanda Zoe (Arizona)

Documents in the Clearinghouse

Document

2:18-cv-02684

Docket [PACER]

June 1, 2020

June 1, 2020

Docket
1

2:18-cv-02684

Complaint

Aug. 23, 2018

Aug. 23, 2018

Complaint
20

2:18-cv-02684

First Amended Complaint

Oct. 12, 2018

Oct. 12, 2018

Complaint
89

2:18-cv-02684

Order

2019 WL 2515950

June 18, 2019

June 18, 2019

Order/Opinion
110

2:18-cv-02684

Second Amended Class Action Complaint and Jury Trial Demand

Sept. 23, 2019

Sept. 23, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7741894/briggs-v-adel/

Last updated Aug. 4, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15879611 filed by Deshawn Briggs, Taja Collier, Mark Pascale. (Bendor, Joshua) (Attachments: # 1 Civil Cover Sheet)(KEP) (Entered: 08/24/2018)

1 Civil Cover Sheet

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Aug. 23, 2018

Aug. 23, 2018

RECAP
2

SUMMONS Submitted by Deshawn Briggs, Taja Collier, Mark Pascale. (Bendor, Joshua) (Attachments: # 1 Summons, # 2 Summons)(KEP) (Entered: 08/24/2018)

1 Summons

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2 Summons

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Aug. 23, 2018

Aug. 23, 2018

PACER
3

Filing fee paid, receipt number 0970-15879611. This case has been assigned to the Honorable James A. Teilborg. All future pleadings or documents should bear the correct case number: CV-18-2684-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KEP) (Entered: 08/24/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
4

Summons Issued as to Maricopa, County of, William Montgomery, Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Summons, # 2 Summons)(KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/24/2018)

1 Summons

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2 Summons

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Aug. 24, 2018

Aug. 24, 2018

PACER
5

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KEP) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
6

ORDER: This matter is reassigned to the Honorable Steven P. Logan, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-18-02684-PHX-SPL. Signed by Senior Judge James A Teilborg on 8/24/2018. (REK) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
7

SERVICE EXECUTED filed by Deshawn Briggs, Taja Collier, Mark Pascale: Affidavit of Service re: Summons, Class Action Complaint and Jury Trial Demand, Notice to Parties - Mandatory Initial Discovery Pilot Project, Notice of Availability of United States Magistrate Judge upon Treatment Assessment Screening Center, Inc. on August 24, 2018. (Bendor, Joshua) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
8

SERVICE EXECUTED filed by Deshawn Briggs, Taja Collier, Mark Pascale: Affidavit of Service re: Summons, Class Action Complaint and Jury Trial Demand, Notice to Parties - Mandatory Initial Discovery Pilot Project, Notice of Availability of United States Magistrate Judge upon Maricopa County on August 24, 2018. (Bendor, Joshua) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
9

SERVICE EXECUTED filed by Deshawn Briggs, Taja Collier, Mark Pascale: Affidavit of Service re: Summons, Class Action Complaint and Jury Trial Demand, Notice to Parties - Mandatory Initial Discovery Pilot Project, Notice of Availability of United States Magistrate Judge upon William Montgomery as the Maricopa County Attorney on August 24, 2018. (Bendor, Joshua) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
10

PRELIMINARY ORDER - Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court. In accordance with the MIDP General Order, Defendant(s) must file a responsive pleading (an answer, counterclaim, crossclaim, and/or reply) within the time set forth in Federal Rule of Civil Procedure 12, irrespective of whether Defendant(s) intend to file a preliminary motion. (See document for further details). Signed by Judge Steven P Logan on 8/28/18. (Attachments: # 1 Notice to Parties - Mandatory Initial Discovery Pilot Project)(LAD) (Entered: 08/29/2018)

1 Notice to Parties - Mandatory Initial Discovery Pilot Project

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Aug. 29, 2018

Aug. 29, 2018

PACER
11

*STIPULATION for Extension of Time to Answer Complaint re: 1 Complaint (First Request) by William Montgomery, Maricopa, County of. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) *Modified to correct event and add additional filer on 9/4/2018 (REK). (Entered: 08/31/2018)

1 Text of Proposed Order

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Aug. 31, 2018

Aug. 31, 2018

PACER
12

ORDER granting a one-time extension for Defendants to answer the complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendants' response to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. Defendants William Montgomery and Maricopa County'stime to respond to the complaint is extended to 10/5/2018. No further extensions will be granted. See order for additional details. Signed by Judge Steven P Logan on 9/4/2018. (LMR) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
13

Corporate Disclosure Statement by Treatment Assessment Screening Center Incorporated. (Kszywienski, Kelly) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
14

*MOTION for Extension of Time to File Answer by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Text of Proposed Order)(Kszywienski, Kelly) *Modified to correct motion type on 9/10/2018 (REK). (Entered: 09/07/2018)

1 Text of Proposed Order

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Sept. 7, 2018

Sept. 7, 2018

PACER

Remark: Pro hac vice motion granted for Katherine Chamblee-Ryan on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 12, 2018

Sept. 12, 2018

PACER
15

ORDER granting 14 Motion for Extension of Time to Answer. Treatment Assessment Screening Center Incorporated answer due 10/5/2018. Signed by Judge Steven P Logan on 9/13/2018. (TCA) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
16

*NOTICE re: Plaintiffs' Notice of Service of 10 Preliminary Order by Deshawn Briggs, Taja Collier, Mark Pascale . (Bendor, Joshua) *Modified to add document link on 9/19/2018 (REK). (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER

Remark: Pro hac vice motion granted for Akeeb Dami Animashaun on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 21, 2018

Sept. 21, 2018

PACER
17

Joint MOTION Re: Amended Complaint and Related Deadlines by Deshawn Briggs, Taja Collier, Mark Pascale. (Attachments: # 1 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 10/03/2018)

1 Text of Proposed Order

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Oct. 3, 2018

Oct. 3, 2018

PACER
18

ORDER granting the parties' Joint Motion Regarding Amended Complaint andRelated Deadlines 17 . Plaintiffs shall file their Amended Complaint by 10/12/2018. Defendants shall file their responsive pleadings by 11/9/2018. Motion. Plaintiffs shall file their responses to Defendants' motions by 12/7/2018. Defendants shall file their replies in support of their motions by 12/21/2018. See order for additional details. Signed by Judge Steven P Logan on 10/4/2018. (LMR) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
19

MINUTE ORDER: This case is reassigned to Judge James A. Soto. All future filings shall reflect the following case number: CV-18-2684-PHX-JAS. All deadlines and hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
20

AMENDED COMPLAINT against All Defendants filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens.(Chamblee-Ryan, Katherine) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
21

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens . (Attachments: # 1 Appendix Redlined Copy of First Amended Class Action Complaint)(Chamblee-Ryan, Katherine) (Entered: 10/12/2018)

1 Appendix Redlined Copy of First Amended Class Action Complaint

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Oct. 12, 2018

Oct. 12, 2018

PACER
22

(VACATED BY ORDER 68 ) ORDER, to avoid the appearance of impropriety by the Court or the parties and to preserve a proper record in the event of any appeal, all communication with the Court shall occur via a written motion filed into the official docket. The parties shall not contact the Court's staff (i.e., Law Clerks or the Judicial Assistant) telephonically or by e-mail to ask questions or express concerns regarding cases pending before the Court, and the Court has directed its staff not to entertain any such informal communication. Plaintiffs shall serve a copy of this Order on Defendants at the same time they serve the Summons and Complaint. Signed by Judge James A Soto on 10/17/2018. (See attached Order for details)(KEP) Modified on 1/9/2019 (KEP). (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
23

NOTICE of Appearance by Joseph James Branco on behalf of Maricopa, County of, William Montgomery. (Branco, Joseph) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
24

MOTION for Leave to File COMBINED MOTION TO DISMISS IN EXCESS OF PAGE LIMITATION by Maricopa, County of, William Montgomery. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) *Modified to remove duplicative text on 11/13/2018 (DXD). (Entered: 11/09/2018)

1 Text of Proposed Order

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Nov. 9, 2018

Nov. 9, 2018

PACER
25

(FILED AT DOC 34 )-LODGED Proposed MOTION TO DISMISS re: 24 MOTION for Leave to File COMBINED MOTION TO DISMISS IN EXCESS OF PAGE LIMITATION. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, William Montgomery. (Attachments: # 1 Exhibit)(Uglietta, Ann) *Modified text/linkage on 11/13/2018 (DXD). Modified on 11/20/2018 (BAR). (Entered: 11/09/2018)

1 Exhibit

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Nov. 9, 2018

Nov. 9, 2018

PACER
26

COMBINED MOTION FOR JUDICIAL NOTICE by Maricopa, County of, William Montgomery. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) *Modified text on 11/13/2018 (DXD). (Entered: 11/09/2018)

1 Text of Proposed Order

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Nov. 9, 2018

Nov. 9, 2018

PACER
27

MOTION for Extension of Time FOR FILING RESPONSIVE PLEADINGS PER MIDP ORDER [DOC. 5] AND PRELIMINARY ORDER [DOC. 10] by Maricopa, County of, William Montgomery. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) *Modified text on 11/13/2018 (DXD). (Entered: 11/09/2018)

1 Text of Proposed Order

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Nov. 9, 2018

Nov. 9, 2018

PACER
28

MOTION for Leave to File Excess Pages for Motion to Dismiss by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Text of Proposed Order)(Kszywienski, Kelly) *Modified text on 11/13/2018 (DXD). (Entered: 11/09/2018)

1 Text of Proposed Order

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Nov. 9, 2018

Nov. 9, 2018

PACER
29

(FILED AT DOC [36)- LODGED Proposed Motion to Dismiss re: 28 MOTION for Leave to File Excess Pages . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Exhibit 1-8)(Kszywienski, Kelly) Modified on 11/20/2018 (BAR). (Entered: 11/09/2018)

1 Exhibit 1-8

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Nov. 9, 2018

Nov. 9, 2018

PACER
30

MOTION to Defer Filing of Defendant TASC's Responsive Pleading by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Text of Proposed Order)(Kszywienski, Kelly) (Entered: 11/09/2018)

1 Text of Proposed Order

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Nov. 9, 2018

Nov. 9, 2018

PACER
31

NOTICE re: Compliance by Treatment Assessment Screening Center Incorporated . (Kszywienski, Kelly) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
32

NOTICE re: NOTICE OF COMPLIANCE REGARDING DEFENDANTS MARICOPA COUNTY AND MARICOPA COUNTY ATTORNEY WILLIAM MONTGOMERYS MOTION TO DISMISS AND CONCURRENT MOTIONS by Maricopa, County of, William Montgomery . (Branco, Joseph) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
33

ORDER granting 24 Motion for Leave to File Combined Motion to Dismiss in Excess of Page Limitation by Maricopa, County of, William Montgomery. Signed by Judge James A Soto on 11/19/2018. (BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
34

MOTION to Dismiss Per Rule 12(b) and Rule 12(b)(6) and Defendants Joinder in Parts IV and V of Defendant Treatment Assessment Screening Center, Inc.'s Motion to Dismiss by Maricopa, County of, William Montgomery. (Attachments: # 1 Exhibit)(BAR) (Entered: 11/20/2018)

1 Exhibit

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Nov. 20, 2018

Nov. 20, 2018

PACER
35

ORDER granting 28 Motion for Leave to File Excess Pages for Motion to Dismiss. Signed by Judge James A Soto on 11/19/2018. (BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
36

MOTION to Dismiss Case by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Exhibit)(BAR) (Entered: 11/20/2018)

1 Exhibit

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Nov. 20, 2018

Nov. 20, 2018

PACER
37

MOTION for Leave to File Excess Pages for Plaintiffs' Brief in Opposition to Defendant TASC's Motion to Dismiss by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 12/07/2018)

1 Text of Proposed Order

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Dec. 7, 2018

Dec. 7, 2018

PACER
38

Filed at Doc. 43 --LODGED Proposed Plaintiffs' Brief in Opposition to Defendant TASC's Motion to Dismiss re: 37 MOTION for Leave to File Excess Pages for Plaintiffs' Brief in Opposition to Defendant TASC's Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Chamblee-Ryan, Katherine) Modified on 12/11/2018 (MFR). (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
39

MOTION for Leave to File Excess Pages for Plaintiffs' Brief in Opposition to Defendants Maricopa County and Montgomery's Motion to Dismiss by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 12/07/2018)

1 Text of Proposed Order

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Dec. 7, 2018

Dec. 7, 2018

PACER
40

Filed at Doc. 45 --LODGED Proposed Plaintiffs' Brief in Opposition to Defendants Maricopa County and Montgomery's Motion to Dismiss re: 39 MOTION for Leave to File Excess Pages for Plaintiffs' Brief in Opposition to Defendants Maricopa County and Montgomery's Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Exhibit)(Chamblee-Ryan, Katherine) Modified on 12/11/2018 (MFR). (Entered: 12/07/2018)

1 Exhibit

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Dec. 7, 2018

Dec. 7, 2018

PACER
41

RESPONSE in Opposition re: 27 MOTION for Extension of Time FOR FILING RESPONSIVE PLEADINGS PER MIDP ORDER [DOC. 5] AND PRELIMINARY ORDER [DOC. 10], 30 MOTION to Defer Filing of Defendant TASC's Responsive Pleading filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 12/07/2018)

1 Text of Proposed Order

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Dec. 7, 2018

Dec. 7, 2018

PACER
42

ORDER RE: PLAINTIFFS' UNOPPOSED MOTION TO EXCEED PAGE LIMITATION granting 37 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 12/10/2018. (MFR) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
43

RESPONSE to Motion re: 36 MOTION to Dismiss Case filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (MFR) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
44

ORDER RE: PLAINTIFFS' UNOPPOSED MOTION TO EXCEED PAGE LIMITATION granting 39 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 12/10/2018. (MFR) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
45

RESPONSE in Opposition re: 34 MOTION to Dismiss Case filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Exhibit 1)(MFR) (Entered: 12/11/2018)

1 Exhibit 1

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Dec. 11, 2018

Dec. 11, 2018

PACER
46

MOTION for Extension of Time DEFENDANTS UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SERVE AUTHORITIES BINDERS FOR THEIR REPLIES IN SUPPORT OF THEIR MOTIONS TO DISMISS AND MOTIONS TO DEFER RESPONSIVE PLEADINGS by Maricopa, County of, William Montgomery. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) (Entered: 12/17/2018)

1 Text of Proposed Order

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Dec. 17, 2018

Dec. 17, 2018

PACER
47

NOTICE re: Notice of Compliance by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens . (Bendor, Joshua) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
48

ORDER granting 46 Motion for Extension of Time Deadline. Signed by Judge James A Soto on 12/17/18.(JAS, kr) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
49

MOTION to Amend/Correct 43 Response to Motion to Dismiss by Defendant TASC by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Exhibit Corrected Brief, # 2 Exhibit Redline of Corrected Brief, # 3 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 12/19/2018)

1 Exhibit Corrected Brief

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2 Exhibit Redline of Corrected Brief

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3 Text of Proposed Order

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Dec. 19, 2018

Dec. 19, 2018

PACER
50

ORDER granting 49 Plaintiffs' Unopposed Motion to File Corrected Brief in Opposition to Defendant Treatment Assessment Screening Center, Inc.'s Motion to Dismiss. Signed by Judge James A Soto on 12/20/2018. (KEP) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
51

MOTION for Leave to File DEFENDANTS MARICOPA COUNTYS AND MARICOPA COUNTY ATTORNEYS MOTION FOR LEAVE TO FILE THEIR COMBINED REPLY IN SUPPORT OF THEIR COMBINED MOTION TO DISMISS AND THEIR JOINDER IN PARTS II AND III OF DEFENDANT TREATMENT ASSESSMENT SCREENING CENTER, INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS IN EXCESS OF PAGE LIMITATION by Maricopa, County of, William Montgomery. (Attachments: # 1 Text of Proposed Order)(Uglietta, Ann) (Entered: 12/21/2018)

1 Text of Proposed Order

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Dec. 21, 2018

Dec. 21, 2018

PACER
52

(FILED AT DOC 60 ) LODGED Proposed DEFENDANTS MARICOPA COUNTY AND MARICOPA COUNTY ATTORNEY MONTGOMERYS COMBINED REPLY IN SUPPORT OF THEIR COMBINED MOTION TO DISMISS PER RULES 12(b)(1) AND 12(b)(6), FED.R.CIV.P. AND DEFENDANTS MARICOPA COUNTY AND MARICOPA COUNTY ATTORNEY MONTGOMERYS JOINDER IN PARTS II AND III OF DEFENDANT TREATMENT ASSESSMENT SCREENING CENTER, INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS [DOCS. 34, 36], re: 51 MOTION for Leave to File. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, William Montgomery. (Attachments: # 1 Exhibit)(Uglietta, Ann) *Modified to add linkage on 12/26/2018 (EJA). Modified on 12/26/2018 (KEP). (Entered: 12/21/2018)

1 Exhibit

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Dec. 21, 2018

Dec. 21, 2018

PACER
53

*REPLY DEFENDANTS MARICOPA COUNTY AND MARICOPA COUNTY ATTORNEYS COMBINED REPLY IN SUPPORT OF THEIR COMBINED MOTION TO DEFER TIME FOR FILING RESPONSIVE PLEADINGS PER MIDP ORDER [DOC. 5] AND PRELIMINARY ORDER [DOC. 10] [DOC. 27 ] by Defendants Maricopa, County of, William Montgomery. (Attachments: # 1 Exhibit)(Uglietta, Ann) *Modified to add linkage on 12/26/2018 (EJA). (Entered: 12/21/2018)

1 Exhibit

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Dec. 21, 2018

Dec. 21, 2018

PACER
54

MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Text of Proposed Order)(Kszywienski, Kelly) (Entered: 12/21/2018)

1 Text of Proposed Order

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Dec. 21, 2018

Dec. 21, 2018

PACER
55

(FILED AT DOC 58 ) LODGED Proposed Reply in Support of Motion to Dismiss re: 54 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Treatment Assessment Screening Center Incorporated. (Kszywienski, Kelly) Modified on 12/26/2018 (KEP). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
56

REPLY to Response to Motion re: 30 MOTION to Defer Filing of Defendant TASC's Responsive Pleading filed by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Exhibit Exhibits 1-2)(Kszywienski, Kelly) (Entered: 12/21/2018)

1 Exhibit Exhibits 1-2

View on PACER

Dec. 21, 2018

Dec. 21, 2018

PACER
57

ORDER granting 54 Motion for Leave to File Excess Pages. The Clerk of the Court shall file TASCs Lodged Proposed Reply (Doc. 55 ).Signed by Judge James A Soto on 12/26/2018. (KEP) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
58

Defendant Treatment Assessment Screening Center Inc.'s REPLY to Response to Motion re: 36 MOTION to Dismiss Case filed by Treatment Assessment Screening Center Incorporated. (KEP) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
59

ORDER granting 51 Defendants Maricopa County's and Maricopa County Attorney's Motion for Leave to File Their Combined Reply in Support of Their Combined Motion to Dismiss and Their Joinder In Parts II and III of Defendant Treatment Assessment Screening Center, Inc.'s Reply in Support of Its Motion to Dismiss in Excess of Presumptive Page Limitation. The Clerk shall accept for filing Defendant Maricopa County and Maricopa County Attorney's Combined Reply In Support of Their Combined Motion to Dismiss Per Rule 12(b)(6) and Rule 12(b)(1), Fed. R. Civ. P. and their Joinder in Parts II and III of Defendant Treatment Assessment Screening Center, Inc.'s Reply in Support of Its Motion to Dismiss. Signed by Judge James A Soto on 12/26/2018. (KEP) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
60

Defendant Maricopa County and Maricopa County Attorney's Combined REPLY to Response to Motion re: 34 MOTION to Dismiss Case filed by Maricopa, County of, William Montgomery and their Joinder in Parts II and III of Defendant Treatment Assessment Screening Center, Inc.'s Doc 58 Reply in Support of Its Motion to Dismiss (Doc 36 ). (Attachments: # 1 Exhibit)(KEP) (Entered: 12/26/2018)

1 Exhibit

View on PACER

Dec. 26, 2018

Dec. 26, 2018

PACER
61

NOTICE re: of Compliance by Maricopa, County of, William Montgomery re: 60 Reply to Response to Motion to Dismiss and Concurrent Motions. (Branco, Joseph) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
62

NOTICE re: Compliance by Treatment Assessment Screening Center Incorporated . (Kszywienski, Kelly) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
63

MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Text of Proposed Order)(Chamblee-Ryan, Katherine) (Entered: 01/07/2019)

1 Text of Proposed Order

View on PACER

Jan. 7, 2019

Jan. 7, 2019

PACER
64

*Denied per Order 79 * LODGED Proposed Sur-Reply in Opposition to Defendants Maricopa County and Montgomery's Motion to Dismiss re: 63 MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Chamblee-Ryan, Katherine) Modified on 5/22/2019 (DXD). (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
65

*Denied per Order 79 * LODGED Proposed Sur-Reply in Opposition Defendant TASC's Motion to Dismiss re: 63 MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Chamblee-Ryan, Katherine) *Modified to add linkage on 1/8/2019 (EJA). Modified on 5/22/2019 (DXD). (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
66

ORDER the Clerk of the Court shall file the corrected brief appearingat Doc. 49 -1. Signed by Judge James A Soto on 1/8/2019. (KEP) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
67

RESPONSE to Motion re: 36 MOTION to Dismiss by Defendant TASC filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Chamblee-Ryan, Katherine) (KEP) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
68

ORDER this case be randomly reassigned by the Clerk of the Court. As this case will be reassigned to another Judge, this Court's 10/17/18 case management Order appearing at Doc. 22 is vacated. This case has been randomly reassigned to Judge Eric. J. Markovich. The case number will read: CV 18-2684-PHX-EJM. Signed by Judge James A Soto on 1/9/2019. (KEP) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
69

NOTICE: This case has been assigned to the Honorable Eric J. Markovich. All future pleadings or documents should bear the correct case number: CV-18-2684-PHX-EJM. Magistrate Election form attached. (KEP) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
70

RESPONSE to Motion re: 63 MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss filed by Treatment Assessment Screening Center Incorporated. (Attachments: # 1 Exhibit)(Henry, Robert) (Entered: 01/11/2019)

1 Exhibit

View on PACER

Jan. 11, 2019

Jan. 11, 2019

PACER
71

RESPONSE in Opposition re: 63 MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss [DEFENDANTS MARICOPA COUNTYS AND MARICOPA COUNTY ATTORNEYS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE SUR-REPLIES IN OPPOSITION TO DEFENDANTS MARICOPA COUNTY AND COUNTY ATTORNEY MONTGOMERYS MOTION TO DISMISS AND DEFENDANT TASCS MOTION TO DISMISS [DOC. 63]] filed by Maricopa, County of, William Montgomery. (Uglietta, Ann) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
72

REPLY to Response to Motion re: 63 MOTION for Leave to File Sur-Replies in Opposition to Defendants' Motions to Dismiss filed by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Chamblee-Ryan, Katherine) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
76

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 01/25/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
77

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 01/25/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
78

Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Eric J Markovich conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 01/25/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
79

ORDER GRANTING Defendants' Combined Motion for Judicial Notice. (Doc. 26 ). GRANTING Defendants Maricopa County and Maricopa County Attorney William G. Montgomery's Combined Motion to Defer Time for Filing Responsive Pleadings Per MIDP Order. (Doc. 27 ). GRANTING Defendant Treatment Assessment Screening Center, Inc.'s Motion to Defer Filing of Defendant TASC's Responsive Pleading. (Doc. 30 ). DENYING Plaintiff's Motion for Leave to File Sur-Replies (Doc. 63 ). Signed by Magistrate Judge Eric J Markovich on 3/15/2019. (See attached Order for details) (KEP) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
80

ORDERED that a Hearing is set re: 34 MOTION to Dismiss Case, 36 MOTION to Dismiss Case. Oral Arguments on the aforementioned motions shall be held on Wednesday, May 22, 2019 at 9:30 a.m. in Courtroom 3A, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Eric J Markovich. Signed by Magistrate Judge Eric J Markovich on 4/10/2019. (ARC) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
81

NOTICE re: NOTICE OF WITHRDAWAL by Maricopa, County of, William Montgomery [DEFENDANTS MARICOPA COUNTYS AND MARICOPA COUNTY ATTORNEYS NOTICE OF WITHRDAWAL OF ARGUMENT SET FORTH AT THEIR MOTION TO DISMISS, PART 111.C, ABSOLUTE PROSECUTORIAL IMMUNITY]. (Branco, Joseph) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
82

MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Motion Hearing held on 5/22/2019. Oral Argument held. Motions Taken Under Advisement: 36 MOTION to Dismiss Case, 34 MOTION to Dismiss Case. APPEARANCES: Akeeb Dami Animashaun & Katherine Chamblee-Ryan for Plaintiffs Briggs, et al. Ann Thompson Uglietta & Joseph James Branco for Defendant Montgomery & Maricopa County, Kelly Ann Kszywienski & Robert Arthur Henry for Defendant Treatment Assessment Screening Center Incorporated. (Recorded by COURTSMART.) Hearing held 9:36 AM -10:57 AM (part 1) 11:03 AM - 12:24 PM (part 2) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARS) (Entered: 05/23/2019)

May 22, 2019

May 22, 2019

PACER
83

TRANSCRIPT REQUEST by Hon Eric Markovich for proceedings held on 5/22/2019, Magistrate Judge Eric J Markovich hearing judge(s). (CSM) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER

1 - Common Prompts (Text Only)

May 23, 2019

May 23, 2019

PACER

~Util - Motions Taken Under Advisement

May 23, 2019

May 23, 2019

PACER

Motion Hearing

May 23, 2019

May 23, 2019

PACER
84

TRANSCRIPT REQUEST by Maricopa, County of, William Montgomery for proceedings held on 05/22/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Branco, Joseph) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER

Notice of Deficiency re Transcript Request

May 29, 2019

May 29, 2019

PACER
85

NOTICE TO FILER OF DEFICIENCY re: AO 435 Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under FIRST COPY. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CSM) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
86

AMENDED TRANSCRIPT REQUEST pursuant to 85 Notice of Deficiency by Maricopa, County of, William Montgomery for proceedings held on 05/22/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Branco, Joseph) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
87

TRANSCRIPT of MOTION HEARING held on 05/22/2019, before Judge Eric J. Markovich. Transcriber Candy L. Potter. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/28/2019. (CSM) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
88

TRANSCRIPT REQUEST by Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens for proceedings held on 05/22/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Animashaun, Akeeb) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
89

ORDER denying 34 Motion to Dismiss; denying 36 Motion to Dismiss. Defendants shall file their responsive pleadings within fourteen (14) days of the date of this order. Fed. R. Civ. P. 12(a)(4); see (Doc. 79). Signed by Magistrate Judge Eric J Markovich on 6/18/2019. (See attached Order for details) (KEP) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

RECAP
90

Defendants Maricopa County's and Maricopa County Attorney's Answer to First Amended Class Action Complaint and Jury Trial Demand ANSWER to 20 Amended Complaint with Jury Demand by Maricopa, County of, William Montgomery.(Uglietta, Ann) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
91

ANSWER to 20 Amended Complaint with Jury Demand by Treatment Assessment Screening Center Incorporated.(Kszywienski, Kelly) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
92

ORDER a telephonic Scheduling Conference will be held in the above entitled action on Tuesday, August 20, 2019 at 3:30 p.m., before United States Magistrate Judge Markovich's law clerk. The conference call shall be initiated by Plaintiff's Attorney, by calling the above number with all of the parties on the line. The parties shall file with the Court, on or before August 13, 2019, a joint report reflecting the results of their conference. Signed by Magistrate Judge Eric J Markovich on 7/8/2019. (See attached Order for details) (KEP) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
93

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Maricopa, County of, William Montgomery. (Branco, Joseph) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
94

NOTICE of Appearance by Amanda Zoe Weaver on behalf of Treatment Assessment Screening Center Incorporated. (Weaver, Amanda) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
95

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Treatment Assessment Screening Center Incorporated. (Weaver, Amanda) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
96

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Animashaun, Akeeb) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
97

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Deshawn Briggs, Taja Collier, Mark Pascale, McKenna Stephens. (Attachments: # 1 Text of Proposed Order (PLAINTIFFS), # 2 Text of Proposed Order (DEFENDANTS))(Animashaun, Akeeb) (Entered: 08/13/2019)

1 Text of Proposed Order (PLAINTIFFS)

View on PACER

2 Text of Proposed Order (DEFENDANTS)

View on PACER

Aug. 13, 2019

Aug. 13, 2019

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Maricopa County, Arizona residents who are or have been part of the county's marijuana diversion program who are not or have not been able to complete the program in the expected 90 days because they are not or have not been able to pay required fees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

County of Maricopa (Maricopa), County

Treatment Assessment Screening Center Incorporated, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Disparate Treatment

Fines/Fees/Bail/Bond