Case: Doe v. Miami-Dade County

1:14-cv-23933 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 23, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 23, 2014, three unhoused individuals filed a complaint against Miami-Dade County and the Florida Department of Corrections in the U.S. District Court for the Southern District of Florida. The plaintiffs alleged that the defendants’ enforcement of the Miami-Dade County Lauren Book Child Safety Ordinance violated the Fourteenth Amendment. They brought the claim under 42 U.S.C. § 1983. The plaintiffs, who were registered sex offenders, claimed that the Ordinance—which prohibited registe…

On October 23, 2014, three unhoused individuals filed a complaint against Miami-Dade County and the Florida Department of Corrections in the U.S. District Court for the Southern District of Florida. The plaintiffs alleged that the defendants’ enforcement of the Miami-Dade County Lauren Book Child Safety Ordinance violated the Fourteenth Amendment. They brought the claim under 42 U.S.C. § 1983. The plaintiffs, who were registered sex offenders, claimed that the Ordinance—which prohibited registered sex offenders from residing within 2,500 feet of a school—forced hundreds of individuals into homelessness.

The plaintiffs alleged that the retroactive application of the housing restriction held a punitive intent, violating the Ex Post Facto Clause of the U.S. and Florida Constitutions. This clause prohibits the government from punishing actions retroactively. The plaintiffs, represented by ACLU of Florida, sought declarative and monetary relief as well as a permanent injunction against the future enforcement of the ordinance.

Back in 2013, officials from Miami–Dade Public Schools and the Homeless Trust requested the County Police Department re-classify the Miami Bridge, an emergency youth shelter, as a “school” subject to the Book Ordinance's residency restriction. The complaint alleged that through this effort, the officials had directly intended to evict the former sexual offenders. Their lobbying succeeded, and the plaintiffs, along with many others, were forced to leave their homes. They were unable to find new housing.

The plaintiffs alleged that the ordinance’s failure to define “school” created vagueness and that removing plaintiffs from their homes without notice and an opportunity to be heard violated their fundamental right to housing and safety. Lastly, the plaintiffs alleged that the retroactive application of the Ordinance violated the federal and state Ex Post Facto clause because its debilitating effects were punitive.

The complaint was amended on December 20, 2014, removing the claim that the Ordinance violated the plaintiff’s procedural due process rights to meaningful notice and opportunity to be heard. The defendants each filed a motion to dismiss the amended complaint. Judge Paul Huck granted these motions and dismissed the complaint with prejudice on April 3, 2015. 2015 WL 13389882.

The plaintiffs sought relief from the court's dismissal, arguing that they could have amended the complaint to assert a viable vagueness challenge. In this motion for relief, they did not contest the court's dismissal of their ex post facto and substantive due process claims. The motion was denied on June 23, 2015, because the plaintiffs had not previously requested the amendment and the ordinance did not apply to the named plaintiffs. 2015 WL 3886841.

The plaintiffs appealed the dismissal of their ex post facto challenges to the residency restriction for failure to state a claim. Eleventh Circuit Judges Gerald Bard Tjoflat, Charles R. Wilson and Jill A. Pryor reversed the District Court’s dismissal as to the ex post facto challenges in 2017, stating that the plaintiffs alleged plausible ex post facto challenges to the residency restriction. 846 F.3d 1180.

On October 5, 2017, the plaintiffs filed a second amended complaint with the addition of three more plaintiffs. Miami-Dade County moved for for summary judgment on August 8, 2018, arguing that the plaintiffs' claims were barred by the statute of limitations.

The court held a hearing on the motion for summary judgment on September 21, 2018, but did not grant it. Instead, the case proceeded to a bench trial held on October 26, 2018. Judge Paul C. Huck found that, while the statute of limitations had not passed, the plaintiffs had failed to establish that the residency restriction had no rational connection to its goal of protecting children. So, he entered judgment for the defendants on December 19, 2018. 2018 WL 10780510.

Four of the plaintiffs appealed the decision to the Eleventh Circuit on January 18, 2019 (19-10254). The appeal was dismissed as to two of the plaintiffs on April 27, 2020. Oral argument was held on June 9, 2020. On October 8, 2020, the Court of Appeals affirmed the order of the district court. Circuit Judges Beverly Martin and Kevin Newsom alongside District Judge Keith Watkin (sitting by designation) held that county lacked notice of as-applied ex post facto challenge to ordinance and that the county would be substantially prejudiced by addition of the plaintiffs' as-applied ex post facto challenge. 974 F.3d 1333.

The case is ongoing back in the district court.

Summary Authors

Averyn Lee (6/25/2020)

Rachel Kreager (4/7/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4570442/parties/doe-v-miami-dade-county/


Judge(s)

Huck, Paul C. (Florida)

Martin, Beverly Baldwin (Georgia)

McAliley, Chris M. (Florida)

Newsom, Kevin Christopher (Alabama)

Watkins, William Keith (Alabama)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Buskey, Brandon (New York)

Edwards, Ezekiel (New York)

Hearne, Jeffrey Martin (Florida)

Judge(s)

Huck, Paul C. (Florida)

Martin, Beverly Baldwin (Georgia)

McAliley, Chris M. (Florida)

Newsom, Kevin Christopher (Alabama)

Watkins, William Keith (Alabama)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Buskey, Brandon (New York)

Edwards, Ezekiel (New York)

Hearne, Jeffrey Martin (Florida)

Jonas, Valerie (Florida)

Quintian, Daniel Rowinsky (Florida)

Tilley, Daniel Boaz (Florida)

Attorneys(s) for Defendant

Bajger, John (Florida)

Pastor, Bernard (Florida)

Valdes, Michael Beny (Florida)

Documents in the Clearinghouse

Document

1:14-cv-23933

Docket [PACER]

Feb. 1, 2019

Feb. 1, 2019

Docket
1

1:14-cv-23933

Complaint

Oct. 23, 2014

Oct. 23, 2014

Complaint
60

1:14-cv-23933

Order Granting Motion to Dismiss

2015 WL 13389882

April 3, 2015

April 3, 2015

Order/Opinion
67

1:14-cv-23933

Order Denying Plaintiff's Motion for Relief from Judgment

2015 WL 3886841

June 23, 2015

June 23, 2015

Order/Opinion
56

15-14336

Appeal from the United States District Court for the Southern District of Florida

U. S. Court of Appeals for the Eleventh Circuit

846 F.3d 1180

Jan. 25, 2017

Jan. 25, 2017

Order/Opinion
184

1:14-cv-23933

Opinion in Favor of Defendant

2018 WL 10780510

Dec. 18, 2018

Dec. 18, 2018

Order/Opinion

0:19-10254

Opinion

Doe #6 v. Miami-Dade County

U. S. Court of Appeals for the Eleventh Circuit

974 F.3d 1333

Sept. 9, 2020

Sept. 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4570442/doe-v-miami-dade-county/

Last updated Aug. 6, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Complaint pursuant to 42 USC 1983 against Miami-Dade County, Florida Department of Corrections, Sunny Ukenye. Filing fee $ 400.00, filed by John Doe(No. 1), John Doe(No. 2),John Doe(No. 3), Florida Action Committee, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter)(jas) (Entered: 10/23/2014)

1 Civil Cover Sheet

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2 Cover Letter

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Oct. 23, 2014

Oct. 23, 2014

RECAP
2

Judge Assignment to Senior Judge Paul C. Huck (jas) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
3

MOTION for Leave to Proceed Anonymously by John Doe(No. 1), John Doe(No. 2), John Doe(No. 3), Florida Action Committee, Inc.. (jas) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
4

NOTICE OF CONVENTIONAL FILING of 1 Complaint 42 USC 1983, by John Doe(No. 1), John Doe(No. 2), Florida Action Committee, Inc., John Doe(No. 3) (jas) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
5

Summons Issued as to Florida Department of Corrections, Miami-Dade County, Sunny Ukenye. (jas) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
6

Clerk's Notice of Filing Deficiency Re: 1 Complaint 42 USC 1983, filed by John Doe, Florida Action Committee, Inc., 3 MOTION for Leave to File filed by John Doe,Florida Action Committee, Inc., 4 Notice of Conventional Filing filed by John Doe, Florida Action Committee, Inc., Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (jas) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
7

Clerks Notice of Receipt of Filing Fee received on 10/23/2014 in the amount of $ 400.00, receipt number FLS 1000 88762. (gp) (Entered: 10/24/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
8

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3. Florida Department of Corrections served on 10/23/2014, answer due 11/13/2014. (Tilley, Daniel) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
9

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3. Sunny Ukenye served on 10/28/2014, answer due 11/18/2014. (Tilley, Daniel) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
10

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brandon Buskey. Filing Fee $ 75.00. Receipt # 89334. (ksa) (Entered: 11/04/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
11

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ezekiel Edwards. Filing Fee $ 75.00. Receipt # 89333. (ksa) (Entered: 11/04/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
12

ORDER granting 11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Paul C. Huck on 11/05/2014. (yar) (Entered: 11/06/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
13

ORDER granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Paul C. Huck on 11/05/2014. (yar) (Entered: 11/06/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
14

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3. Miami-Dade County served on 10/23/2014, answer due 11/13/2014. (Tilley, Daniel) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
15

Unopposed MOTION for Extension of Time to file response to Plaintiffs' complaint re 1 Complaint 42 USC 1983 or Bivens, by Florida Department of Corrections, Sunny Ukenye. Attorney John Bajger added to party Florida Department of Corrections(pty:dft), Attorney John Bajger added to party Sunny Ukenye(pty:dft). Responses due by 11/28/2014 (Attachments: # 1 Text of Proposed Order)(Bajger, John) (Entered: 11/10/2014)

1 Text of Proposed Order

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Nov. 10, 2014

Nov. 10, 2014

PACER
16

Paperless ORDER granting 15 Motion for Extension of Time. Defendants' responses or answers are due on or before November 28, 2014. Signed by Senior Judge Paul C. Huck on 11/12/2014. (mle) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER

Set/Reset Deadlines

Nov. 12, 2014

Nov. 12, 2014

PACER

Set/Reset Answer Due Deadline: Florida Department of Corrections response due 11/28/2014; Sunny Ukenye response due 11/28/2014. (mle)

Nov. 12, 2014

Nov. 12, 2014

PACER
17

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint 42 USC 1983 or Bivens, by Miami-Dade County. Attorney Michael Beny Valdes added to party Miami-Dade County(pty:dft). (Valdes, Michael) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
18

Paperless ORDER granting 17 Motion for Extension of Time to Answer RE: Complaints. Miami-Dade County answer due 11/24/2014. Signed by Senior Judge Paul C. Huck on 11/14/2014. (mle) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
19

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint 42 USC 1983 or Bivens, by Miami-Dade County. (Valdes, Michael) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
20

Paperless ORDER granting 19 Motion for Extension of Time to Answer. Miami-Dade County shall respond to Plaintiffs' Complaint on or before November 26, 2014. Signed by Senior Judge Paul C. Huck on 11/25/2014. (mle) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
21

MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by Miami-Dade County. Responses due by 12/15/2014 (Attachments: # 1 Exhibit A - Ordinance No. 05-206, # 2 Exhibit B - Ordinance No. 10-01, # 3 Exhibit C - Ordinance No. 10-67)(Valdes, Michael) (Entered: 11/26/2014)

1 Exhibit A - Ordinance No. 05-206

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2 Exhibit B - Ordinance No. 10-01

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3 Exhibit C - Ordinance No. 10-67

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Nov. 26, 2014

Nov. 26, 2014

PACER
22

MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by Florida Department of Corrections, Sunny Ukenye. Responses due by 12/15/2014 (Bajger, John) (Entered: 11/28/2014)

Nov. 28, 2014

Nov. 28, 2014

PACER
23

Unopposed MOTION to stay consideration of pending motions to dismiss 21 22 until Plaintiffs file their amended complaint re 21 MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM, 22 MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. (Tilley, Daniel) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
24

ORDER granting Plaintiffs' Unopposed Motion to Stay Briefing Pending Plaintiffs' Filing of An Amended Complaint 23 . Defendants' Motions to Dismiss 21 22 are denied as moot. Signed by Senior Judge Paul C. Huck on 12/15/2014. (mle) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
25

AMENDED COMPLAINT against All Defendants, filed by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3.(Tilley, Daniel) (Entered: 12/20/2014)

Dec. 20, 2014

Dec. 20, 2014

PACER
26

NOTICE of Hearing: Status Conference set for 1/7/2015 10:00 AM in Miami Division before Senior Judge Paul C. Huck. Counsel from out of Miami-Dade County may appear telephonically. Call instructions are in the attached notice. (mle) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

PACER
27

Unopposed MOTION for Extension of Time to file response to Plaintiffs' Amended Complaint re 25 Amended Complaint by Florida Department of Corrections, Sunny Ukenye. Responses due by 1/16/2015 (Attachments: # 1 Text of Proposed Order)(Bajger, John) (Entered: 12/30/2014)

1 Text of Proposed Order

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Dec. 30, 2014

Dec. 30, 2014

PACER
28

PAPERLESS ORDER granting 27 Motion for Extension of Time. Responses due by 1/15/2015 Signed by Senior Judge Paul C. Huck on 12/31/2014. (mle) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
29

MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM by Miami-Dade County. Responses due by 1/23/2015 (Attachments: # 1 Exhibit A - Ordinance 05-206, # 2 Exhibit B - Ordinance 10-01, # 3 Exhibit C - Ordinance 10-67)(Valdes, Michael) (Entered: 01/06/2015)

1 Exhibit A - Ordinance 05-206

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2 Exhibit B - Ordinance 10-01

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3 Exhibit C - Ordinance 10-67

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Jan. 6, 2015

Jan. 6, 2015

PACER
30

PAPERLESS ORDER granting 3 Motion for Leave to Proceed Anonymously. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Senior Judge Paul C. Huck on 1/7/2015. (mle) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER

Set/Reset Deadlines/Hearings

Jan. 7, 2015

Jan. 7, 2015

PACER

Set/Reset Deadlines/Hearings Responses due by 1/20/2015 Deadline is being extended as per hearing held on January 7, 2015. (mle)

Jan. 7, 2015

Jan. 7, 2015

PACER
31

Minute Entry for proceedings held before Senior Judge Paul C. Huck: Status Conference held on 1/7/2015. Parties shall notify the Court by January 14 as to whether they wish to proceed with a mediator or arbitrator. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov (mle) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER
32

Joint MOTION to Stay Proceedings and Joint Status Report by Miami-Dade County. Responses due by 2/2/2015 (Valdes, Michael) Modified to add missing event DE 33 Joint Status Report on 1/15/2015 (yar). (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
34

STATUS REPORT by Miami-Dade County (See image at DE 32 ).(yar) (Entered: 01/15/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
33

Clerks Notice to Filer re 32 Joint MOTION to Stay Proceedings and Joint Status Report. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (yar) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
35

ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS; 32 Motion to Stay. Joint Status Report due by 1/30/2015. Signed by Senior Judge Paul C. Huck on 01/15/2015. (yar) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
36

STATUS REPORT (Joint) and Joint Motion for Partial Stay and Briefing Schedule by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3 (Attachments: # 1 Text of Proposed Order)(Tilley, Daniel) Modified event type on 2/2/2015 (dgj). (Entered: 01/30/2015)

1 Text of Proposed Order

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Jan. 30, 2015

Jan. 30, 2015

PACER
37

Clerks Notice to Filer re 36 Status Report. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events.Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (dgj) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
38

ORDER granting 36 Joint Motion for Partial Stay and Briefing Schedule. Re: 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County. Status Report due by 2/20/2015. Responses due by 2/16/2015. Response to Amended Complaint due 2/6/2015. Signed by Senior Judge Paul C. Huck on 2/2/2015. (ls) (Main Document 38 replaced on 2/3/2015) (ls). (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER

Set/Reset Deadlines

Feb. 3, 2015

Feb. 3, 2015

PACER

Reset Answer Due Deadline: Florida Department of Corrections response due 2/6/2015; Sunny Ukenye response due 2/6/2015. (ls) (per DE # 38 )

Feb. 3, 2015

Feb. 3, 2015

PACER
39

MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM by Florida Department of Corrections, Sunny Ukenye. Responses due by 2/23/2015 (Bajger, John) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
40

RESPONSE in Opposition re 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. Replies due by 2/23/2015. (Tilley, Daniel) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

RECAP
41

Unopposed MOTION for Extension of Time to Submit Reply in Support of 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM by Miami-Dade County. (Valdes, Michael) Modified text on 2/23/2015 (yar). (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
42

Joint STATUS REPORT on Additional Discussions and Partial Stay by Miami-Dade County (Valdes, Michael) Modified text on 2/23/2015 (yar). (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
43

Paperless ORDER granting 41 Motion for Extension of Time to File Reply to Motion 39 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Department of Corrections, Sunny Ukenye. Replies due by 3/2/2015. Signed by Senior Judge Paul C. Huck on 2/24/2015. (mle) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
44

ORDER lifting stay regarding Plaintiffs' vagueness claim, as suggested in Parties' Joint Status Report. Signed by Senior Judge Paul C. Huck on 2/24/2015. (mle) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
45

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM by Miami-Dade County. (Valdes, Michael) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
46

Unopposed MOTION for Leave to File Response to Motion to DismissOut of Time by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. Attorney Nancy Gbana Abudu added to party John Doe #1(pty:pla), Attorney Nancy Gbana Abudu added to party John Doe #2(pty:pla), Attorney Nancy Gbana Abudu added to party John Doe #3(pty:pla), Attorney Nancy Gbana Abudu added to party Florida Action Committee, Inc.(pty:pla). (Attachments: # 1 Memorandum Plaintiffs' Response to Defendant Ukenye and FDOC Motion to Dismiss Amended Complaint)(Abudu, Nancy) Modified text on 3/2/2015 (yar). (Entered: 03/02/2015)

1 Memorandum Plaintiffs' Response to Defendant Ukenye and FDOC Motion to Dism

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March 2, 2015

March 2, 2015

PACER
47

PAPERLESS ORDER granting 45 Motion for Extension of Time to File Reply in support of Motion to Dismiss 29 Reply due by 3/6/2015. Signed by Senior Judge Paul C. Huck on 3/3/2015. (mle) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
48

PAPERLESS ORDER granting 46 Plaintiffs' Motion for Leave to File Response to Motion to Dismiss Out of Time. Signed by Senior Judge Paul C. Huck on 3/3/2015. (mle) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
49

Defendant's Agreed MOTION for Extension of Time to Submit Reply in Support of Their Motion to Dismiss Amended Complaint re 46 First MOTION for Leave to File Out of Time by Florida Department of Corrections. Responses due by 3/23/2015 (Attachments: # 1 Text of Proposed Order Proposed Order)(Bajger, John) Modified text on 3/6/2015 (yar). (Entered: 03/05/2015)

1 Text of Proposed Order Proposed Order

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March 5, 2015

March 5, 2015

PACER
50

PAPERLESS ORDER granting 49 Motion for Extension of Time. Defendants Florida Department of Corrections' and Sunny Ukenye's Reply Memorandum in support of their Motion to Dismiss the Amended Complaint shall be filed on or before March 16, 2015. Signed by Senior Judge Paul C. Huck on 3/6/2015. (swe) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
51

REPLY in Support of Its Motion re 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County. (Valdes, Michael) Modified text on 3/9/2015 (yar). (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
52

REPLY in Support of Motion re 46 First MOTION for Leave to File Out of Time, specifically Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint filed by Florida Department of Corrections, Sunny Ukenye. (Bajger, John) Modified text on 3/18/2015 (yar). (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
53

ORDER Setting Hearing on 39 MOTION TO DISMISS Amended Complaint FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS Amended Complaint FOR FAILURE TO STATE A CLAIM: Argument set for 3/31/2015 10:30 AM in Miami Division before Senior Judge Paul C. Huck. Signed by Senior Judge Paul C. Huck on 3/25/2015. (swe) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
54

NOTICE of RESCHEDULING Hearing on 39 MOTION TO DISMISS Amended Complaint and 29 MOTION TO DISMISS Amended Complaint. The hearing previously set for 10:30 a.m. has been RESCHEDULED for 3/31/2015 12:00 PM (NOON) in Miami Division before Senior Judge Paul C. Huck. Attorneys calling in to the hearing may refer to the prior notice of hearing 53 for call-in instructions. (swe) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
55

ORDER Requiring Response: Defendant Miami-Dade County shall file a supplemental memorandum as directed in the attached order. Signed by Senior Judge Paul C. Huck on 3/27/2015. (swe) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
56

Supplemental MEMORANDUM to re 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM by Miami-Dade County. (Valdes, Michael) Modified text on 3/31/2015 (yar). (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
57

NOTICE of RESCHEDULING Hearing on 39 MOTION TO DISMISS and 29 MOTION TO DISMISS 25 . The Hearing previously set for 12 p.m. HAS BEEN RESCHEDULED TO BEGIN AT 11:45 a.m., Tuesday, March 31, 2015, in Miami Division before Senior Judge Paul C. Huck. Attorneys calling in to the hearing may refer to the prior notice of hearing 53 for call-in instructions. (swe) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
58

PAPERLESS Minute Entry for proceedings held before Senior Judge Paul C. Huck: Motion Hearing held on 4/1/2015 re 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County, 39 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Department of Corrections, Sunny Ukenye. Order to follow. Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov (swe) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
59

Notice of Supplemental Authority by John Doe #1, John Doe #2, Florida Action Committee, Inc., John Doe #3 (Abudu, Nancy) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
60

ORDER Granting Motion to Dismiss; granting 29 Motion to Dismiss for Failure to State a Claim; granting 39 Motion to Dismiss for Failure to State a Claim. Closing Case. Motions Terminated: 29 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County, 39 MOTION TO DISMISS 25 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Department of Corrections, Sunny Ukenye. Signed by Senior Judge Paul C. Huck on 4/3/2015. (asl) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
61

MOTION for relief from Court's Order 60 dismissing this action with prejudice re 60 Order on Motion to Dismiss for Failure to State a Claim,,,,,,, by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. (Attachments: # 1 Exhibit County facilities enforced as "schools", # 2 Exhibit 300 transient individuals, # 3 Exhibit Returned River Park evictees)(Tilley, Daniel) (Entered: 04/24/2015)

1 Exhibit County facilities enforced as "schools"

View on PACER

2 Exhibit 300 transient individuals

View on PACER

3 Exhibit Returned River Park evictees

View on PACER

April 24, 2015

April 24, 2015

PACER
62

RESPONSE to Plaintiffs' Motion For Relief From Judgment re 61 MOTION for relief from Court's Order 60 dismissing this action with prejudice re 60 Order on Motion to Dismiss for Failure to State a Claim,,,,,,, filed by Miami-Dade County. Replies due by 5/21/2015. (Valdes, Michael) Modified text on 5/12/2015 (yar). (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
63

ORDER Setting Hearing on Motion 61 MOTION for relief from Court's Order 60 dismissing this action with prejudice re 60 Order on Motion to Dismiss for Failure to State a Claim,,,,,,, : Motion Hearing set for 6/12/2015 09:20 AM in Miami Division before Senior Judge Paul C. Huck. Signed by Senior Judge Paul C. Huck on 5/21/2015. (mle) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
64

REPLY to Response to Motion re 61 MOTION for relief from Court's Order 60 dismissing this action with prejudice re 60 Order on Motion to Dismiss for Failure to State a Claim,,,,,,, filed by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. (Tilley, Daniel) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
65

PAPERLESS NOTICE of courtroom change. The hearing set for Friday, June 12, 2015 at 9:30 a.m. before the Honorable Paul C. Huck 63 will be held in Courtroom 13-3, 400 N. Miami Ave., Miami, FL 33128, and not courtroom 13-2, as previously noticed. All other details of the hearing remain unchanged. (swe) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
66

PAPERLESS Minute Entry for proceedings held before Senior Judge Paul C. Huck: Motion Hearing held on 6/12/2015 re 61 MOTION for relief from Court's Order filed by John Doe #1, Florida Action Committee, Inc., John Doe #2, John Doe #3. Order to follow. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov (swe) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
67

ORDER denying 61 Plaintiffs' Motion for Relief from Judgment. Signed by Senior Judge Paul C. Huck on 6/23/2015. (swe) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

RECAP
68

Notice of Appeal as to 67 Order on Motion for Miscellaneous Relief, 60 Order on Motion to Dismiss for Failure to State a Claim,,,,,,, by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. Filing fee $ 505.00 receipt number 113C-8111055. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Tilley, Daniel) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Sept. 25, 2015

Sept. 25, 2015

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 68 Notice of Appeal,, Notice has been electronically mailed. (hh)

Sept. 25, 2015

Sept. 25, 2015

PACER
69

Acknowledgment of Receipt of NOA from USCA re 68 Notice of Appeal,, filed by John Doe #1, Florida Action Committee, Inc., John Doe #2, John Doe #3. Date received by USCA: 9/25/15. USCA Case Number: 15-14336-B. (hh) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
70

TRANSCRIPT INFORMATION FORM by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc. re 68 Notice of Appeal,,. Hearing transcript(s) ordered. Order placed by Daniel B. Tilley. Email sent to Court Reporter Coordinator. (Tilley, Daniel) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
71

COURT REPORTER ACKNOWLEDGMENT re 70 Transcript Information Form,. Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Estimated filing date of transcript 10-16-2015. USCA number 15-14336. (dwh) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
72

TRANSCRIPT of motion to dismiss held on 3-31-2015 before Senior Judge Paul C. Huck, 1-62 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2015. Redacted Transcript Deadline set for 11/19/2015. Release of Transcript Restriction set for 1/19/2016. (dwh) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
73

TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 10-5-2015 by Daniel Tilley, Esq. has/have been filed by Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov re 71 Court Reporter Acknowledgment. (dwh) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
74

TRANSCRIPT INFORMATION FORM by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc. re 68 Notice of Appeal,,. Hearing transcript(s) ordered. Order placed by Daniel B. Tilley. Email sent to Court Reporter Coordinator. (Tilley, Daniel) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
75

COURT REPORTER ACKNOWLEDGMENT re 74 Transcript Information Form, 68 Notice of Appeal. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Estimated filing date of transcript 11-29-15. USCA number 15-14336. (gpz) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
76

TRANSCRIPT of Motion For Relief From Court's Order held on 06-12-15 before Senior Judge Paul C. Huck, 1-30 pages, re: 68 Notice of Appeal, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. USCA Case Number: 15-14336. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/24/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 2/29/2016. (gpz) (Entered: 11/28/2015)

Nov. 28, 2015

Nov. 28, 2015

PACER
77

TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 10-16-15 by Daniel B. Tilley, Esq. has/have been filed by Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov re 74 Transcript Information Form, 68 Notice of Appeal, 75 Court Reporter Acknowledgment. (gpz) (Entered: 11/28/2015)

Nov. 28, 2015

Nov. 28, 2015

PACER
78

ORDER of USCA. This appeal is hereby DISMISSED as to June 23, 2015order denying the Rule 60(b) motion but MAY PROCEED as to the April 3, 2015 order dismissing the amended complaint with prejudice re 68 Notice of Appeal,, filed by John Doe #1, Florida Action Committee, Inc., John Doe #2, John Doe #3. USCA #15-14336-BB (amb) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
79

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 68 Notice of Appeal,, Appeal No. 15-14336-BB. The entire record on appeal is available electronically. (amb) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
81

MANDATE of USCA. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. We reverse the district courts grant of the County's motion to dismiss as to Doe #1 and Doe #3's ex post facto challenges and remand for further proceedings re 68 Notice of Appeal, filed by John Doe #1, Florida Action Committee, Inc., John Doe #2, John Doe #3; Date Issued: 4/27/2017; USCA Case Number: 15-14336-BB. (apz) (Entered: 04/28/2017)

April 27, 2017

April 27, 2017

RECAP
80

ORDER Setting Status Conference: Telephonic Status Conference set for 5/1/2017 11:00 AM in Miami Division before Senior Judge Paul C. Huck. Signed by Senior Judge Paul C. Huck on 4/28/2017. (ah01) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
82

PAPERLESS Minute Entry for proceedings held before Senior Judge Paul C. Huck: Status Conference held on 5/1/2017. Total time in court: 0 hour(s) : 15 minutes. Attorney Appearance(s): Brandon Buskey, Michael Beny Valdes, Oren Rosenthal. Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (ah01) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
83

Joint SCHEDULING REPORT - Rule 16.1 by Miami-Dade County (Valdes, Michael) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

RECAP
84

ORDER SETTING CIVIL NON-JURY TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Bench Trial set for 3/19/2018 in Miami Division before Senior Judge Paul C. Huck., Calendar Call set for 3/14/2018 08:30 AM in Miami Division before Senior Judge Paul C. Huck.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Discovery Matters Signed by Senior Judge Paul C. Huck on 5/19/2017. (yha) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified text to reflect correct Trial Date on 5/22/2017 (yha). (Entered: 05/22/2017)

May 19, 2017

May 19, 2017

RECAP

Reset Hearings Bench Trial reset for 3/19/2018 in Miami Division before Senior Judge Paul C. Huck. (yha)

May 22, 2017

May 22, 2017

PACER

Set/Reset Hearings

May 22, 2017

May 22, 2017

PACER
85

NOTICE of Attorney Appearance by Jeffrey Martin Hearne on behalf of John Doe #3. Attorney Jeffrey Martin Hearne added to party John Doe #3(pty:pla). (Hearne, Jeffrey) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
86

Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by John Doe #1, John Doe #3 (Tilley, Daniel) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
87

Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Miami-Dade County (Valdes, Michael) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
88

Second MOTION to Amend/Correct Complaint by John Doe #1, John Doe #2, John Doe #3, Florida Action Committee, Inc.. Responses due by 10/16/2017 (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Abudu, Nancy) (Entered: 10/02/2017)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 2, 2017

Oct. 2, 2017

RECAP
89

ORDER granting 88 Motion for Leave to Amend Complaint and Join Additional Parties. The Second Amended Complaint attached to the Motion shall be deemed filed as of the date of this Order. Defendants shall respond to the Second Amended Complaint by October 26, 2017. Signed by Senior Judge Paul C. Huck on 10/5/2017. (mc) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER

Set/Reset Deadlines

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Details

State / Territory: Florida

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 23, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals on the sex offense registry forced into homelessness after an ordinance barred them from residing within 2500 feet of a school.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Miami-Dade County (Miami-Dade), County

Florida Department of Corrections , State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Ex Post Facto

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Poverty/homelessness

Sex offender regulation