Case: Blanchard v. City of Memphis

2:17-cv-02120 | U.S. District Court for the Western District of Tennessee

Filed Date: Feb. 22, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 22, 2017, four plaintiffs filed this suit in the U.S. District Court for the Western District of Tennessee, against the City of Memphis, Tennessee for violating their First Amendment rights. The plaintiffs all found themselves on a “black list” created by the Memphis Police Department. They argued that the police department created the “black list,” which consisted of 81 individuals, by recording video protests of City Hall. The black list appeared to denote the individuals who the …

On February 22, 2017, four plaintiffs filed this suit in the U.S. District Court for the Western District of Tennessee, against the City of Memphis, Tennessee for violating their First Amendment rights. The plaintiffs all found themselves on a “black list” created by the Memphis Police Department. They argued that the police department created the “black list,” which consisted of 81 individuals, by recording video protests of City Hall. The black list appeared to denote the individuals who the police determined required police escorts to monitor them in City Hall. The plaintiffs also claimed that police officers bought and used software to monitor various social media sites for subversive conversations. The plaintiffs claimed the creation and maintenance of this black list violated their First Amendment rights and contradicted a prior consent decree from Kendrick v. Chandler (see related cases). The plaintiffs sought an order to dissolve the black list and an injunction to prevent the creation of lists in the future, an order to show cause why the defendants disregarded the order, an order to find the defendant in contempt of court, monetary damages, and costs and attorneys' fees.

The Kendrick Decree resulted from a previous lawsuit in 1978. Kendrick, et al. v. Chandler, et al., Civil Action No. 2:76-CV-00449 (W.D. Tenn. 1978). The plaintiffs in Kendrick, including the American Civil Liberties Union of West Tennessee (WTCLU), filed a class action against the Mayor of Memphis, the Chief of Police in Memphis, and other officials within the Memphis Police Department. They sought, and were granted, an order preventing defendants from violating the plaintiffs' First Amendment rights. The plaintiffs claimed that the Memphis Police Department, through a Domestic Intelligence Unit, collected unverified information about individuals they believed were engaging in subversive activities or promoting controversial political views. The plaintiffs alleged that none of the activities monitored by the Domestic Intelligence Unit were criminal, but instead the Domestic Intelligence Unit used the information to harass and intimidate the plaintiffs.

The Kendrick Decree enjoined the defendants and City of Memphis from infringing on any individuals' First Amendment Rights. The defendants could not record any information from individuals engaged in lawful demonstrations or maintain files on individuals for reasons that did not serve criminal investigations. Importantly, the order defined the City of Memphis to include all present and future officials, employees, and agents of the city.

In response to the plaintiff's 2017 complaint citing to the Kendrick Decree, the City of Memphis filed a motion to dismiss the claim, arguing the court did not have the subject-matter jurisdiction to enforce the Kendrick Decree. The following day, ACLU Tennessee moved to intervene, and the court immediately granted the motion. The ACLU-TN sought similar relief as the plaintiffs—an order of contempt for violation of the Kendrick Decree, injunctive relief, and costs and attorneys' fees.

On March 8, 2017, following the intervention of the ACLU-TN, the defendant filed a motion to dismiss the ACLU-TN based on the same subject-matter argument it had deployed against the original four plaintiffs.

On June 30, 2017, Judge Jon Phipps McCalla granted the defendant's motion to dismiss against the original four named-plaintiffs, but denied the motion to dismiss the ACLU's claim. The court found that it retained subject-matter jurisdiction over the Kendrick Decree because the injunction did not have a termination date and applied to future employees of the City of Memphis. However, the court determined that the four original plaintiffs did not have standing because prior case law in the Sixth Circuit expressed that third-party beneficiaries of a consent decree lacked standing to enforce its terms. Since the ACLU-TN is a successor to The American Civil Liberties Union of West Tennessee, Inc. (WTCLU), an original party in Kendrick, it had standing to raise the claim.

The four original plaintiffs sought a final order to appeal their dismissal to the Sixth Circuit. But the district court did not grant the final order. The plaintiffs filed their appeal anyway, which the Sixth Circuit dismissed for lack of jurisdiction on January 17, 2018.

Meanwhile, the suit between the ACLU-TN and the defendants continued. At the end of discovery, both the ACLU-TN and the City of Memphis filed motions to dismiss. On August 10, 2018, the court granted the ACLU-TN's motion in part. The court found that the City had been engaged in political intelligence as defined by the Kendrick Decree. However, it determined a genuine dispute still existed over whether the City engaged in action for the purpose of violating any person's First Amendment rights and whether the City operated in any way for the purpose of political intelligence. The court denied the City's motion to dismiss, finding that a genuine dispute still existed over the standing of the ACLU-TN.

The bench trial, held from August 20 to August 23, 2018, confirmed that the ACLU-TN had standing to bring the suit because it was a party to the original decree. Additionally, the court found the City had violated the decree by collecting information for the purpose of political intelligence and dedicating an office to do so. The City also failed to review investigations that could result in the collecting of information related to the First Amendment, including recordings of protest attendees to maintain a record. And, the City failed to train its officers on the content of the Decree. In particular, units of the Memphis Police Department investigated people associated with the Black Lives Matter movement and other political groups because of their protected political speech.

As a result of the trial, the court granted ACLU-TN attorneys' fees. It required training of officers to detail that political intelligence—“any investigation into the lawful exercise of First Amendment rights, even if the investigating officer or unit does not have a partisan political motive”—could never be a permissible goal of an investigation. The court ordered the City to create new guidelines and training for officers engaging in investigations that might result in political intelligence by January 14, 2019. It also compelled the City to create a manual for social media searches and submit a list of all search terms entered into social media sites every three months to the court until ordered otherwise.

Judge McCalla also determined that an independent monitor should assess compliance with the Decree. Both parties offered candidates to be independent monitors for the case moving forward. On December 21, 2018, the court appointed the defendant's candidate, former U.S. Attorney Edward Stanton III, as the independent monitor of this case.

As required by the order, the City submitted a new set of training policies on January 14, 2019. The ACLU-TN filed objections to those policies, and the court asked the Monitor to investigate further. On April 5, 2019 the Monitor filed his first report, in which he mostly agreed with the ACLU-TN's criticism of the City's training measures but also accepted the City's proposed solutions to many of the issues raised by the ACLU-TN. Judge McCalla held a hearing on the matter on April 23, 2019.

On May 2, 2019, the Monitor filed his first quarterly report. In it, he assessed that, to date, the City was on track to become compliant with the consent decree. He also outlined plans for soliciting public opinion on the City's practices.

On August 7, 2019 the Monitor filed his second quarterly report under seal with the court. The court held a hearing to address the report on August 27, 2019. In a September 5 order following the hearing, Judge McCalla noted that the Monitor's next steps were creating and implementing a compliance plan for the City, as well as creating community focus groups. Additionally, the report said that the City and the Monitor were working to create a new social media investigations policy for the Police Department.

The City the filed a motion to modify the consent decree on September 25, 2019, which the ACLU-TN opposed. In its motion, the city argued that several provisions of the decree hindered its ability to conduct law enforcement functions, including by preventing it from entering into partnerships with state and federal agencies. Judge McCalla denied this motion in a November 13, 2019 opinion, finding that the modifications requested by defendants would erode the purpose of the original consent decree but allowed for the possibility of modifications after discovery and an evidentiary hearing.

On November 20, 2019, the Monitor filed his third quarterly report with the court. In it, he reported that a compliance plan had been created and was being implemented. He also noted that he received many requests for community members to be included as members of the monitoring team and opined that the creation of a civilian advisory board might be useful in this case.

On December 6, 2020, the parties filed a schedule for discovery and trial on the modifications to the consent decree, with June 17, 2020 chosen for the trial, which the court adopted in a January 2, 2020 hearing.

The City submitted its new social media policy to the court for review on December 21, 2019, to which both the ACLU-TN and the Monitor objected. Judge McCalla also heard objections to this policy during the January 2, 2020 hearing on modifications to the consent decree and allowed the City to respond to these objections in writing.

In a February 28, 2020 letter, the Monitor informed the court that he believed the City had violated one of the sanctions imposed on it by failing to maintain records of social media search terms. The court scheduled a hearing in mid March to resolve this issue, but it was delayed to May 14, 2020 due to the COVID-19 pandemic. In an August 19, 2020 order, the court found that the Memphis Police Department had failed to report searches made by officers using their personal Facebook accounts.

On April 17, 2020, the City asked the court to order mediation between itself and the ACLU-TN in order to narrow the issues for the June 17, 2020 hearing. The court authorized the Monitor to mediate between the two parties in an April 28, 2020 order.

The Monitor filed the first quarterly report of 2020 on May 20, 2020. In it, the Monitor reported that many of the case's outstanding issues remained unresolved, including the approval of the City's new social media policy, the City's alleged sanctions violations, and the Monitor's solicitation of feedback from the public.

In advance of the June 17 hearing, both the City and the ACLU-TN filed trial briefs and, on June 8, 2020, submitted proposed changes to the consent decree. Between June 17 and June 22, Judge McCalla presided over a four-day Zoom evidentiary hearing to consider the modifications to the consent decree. After the hearing, both sides provided the court with additional briefing on the proposed modifications.

Judge McCalla resolved the City's motion to modify the consent decree in a September 21, 2020 hearing. He found that there was sufficient evidence to support the changes to the decree agreed to by the City and the ACLU-TN. However, he refused to make the changes the City requested unilaterally, which related to the City's ability to work with outside law enforcement agencies who were not bound by the decree. Judge McCalla found that the City's issues with the contested provisions could be resolved by better training and that the provisions did not affect the Memphis Police Department's existing relationships with other law enforcement agencies. Judge McCalla then issued an updated judgment and consent decree.

Meanwhile, despite several years passing between the district court’s order dismissing the four original plaintiffs and the Sixth Circuit’s affirmance of the dismissal, the four original plaintiffs appealed again on October 20, 2020 (No. 20-6211). The City followed up with an appeal of its own to the Sixth Circuit, disputing Judge McCalla's ruling that ACLU-TN had standing on November 3, 2020 (No. 20-6263). 
Pursuant to Sixth Circuit Rule 26(b), the City moved to dismiss the four original plaintiffs’ appeal for want of prosecution based on plaintiffs’ failure to timely file their principal brief. The four original plaintiffs opposed the motion and moved for an extension of time to file their brief. On October 12, 2021, the Sixth Circuit denied the City’s motion to dismiss, finding that plaintiffs had presumably not filed their brief because of the pending motion for extension of time, and a short extension would serve the interests of justice. The court ordered the four original plaintiffs to file their principal brief within twenty-one days, and plaintiffs complied on November 3, 2021. 

The Sixth Circuit consolidated the two appeals and issued a decision on April 26, 2022 dismissing both for lack of jurisdiction. 2022 WL 1224556. The court found both appeals untimely because they occurred more than three years late, therefore “fail[ing] on arrival.” After the bench trial in 2018, the district court disposed of the four original plaintiffs’ complaint, and thus the clock began ticking for them to file their appeal within 30 days. Although plaintiff-intervenor ACLU-TN and the City continued negotiating after this point, the Sixth Circuit found these negotiations to be a “separate, collateral matter.” 

Regarding the City’s appeal, the Sixth Circuit held that “its timeliness rises and falls with the timeliness of the [four original plaintiffs’] appeal,” citing Federal Rule of Appellate Procedure 4(a)(3) (“[i]f one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed”). Also, because the City conceded that the four original plaintiffs failed to timely file their Notice of Appeal, then the City’s separate appeal was also not timely filed. Therefore, both appeals were dismissed for lack of jurisdiction. 

As of May 1, 2022, the Sixth Circuit's formal mandate remains pending. 

This case is ongoing. 

Summary Authors

Amanda Stephens (2/19/2019)

Jonah Hudson-Erdman (4/6/2021)

Zoe Goldstein (5/1/2022)

Related Cases

Kendrick v. Chandler, Western District of Tennessee (1976)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7723918/parties/blanchard-v-city-of-memphis-tennessee/


Judge(s)

Bryant, Edward G. (Tennessee)

McCalla, Jon Phipps (Tennessee)

Attorneys(s) for Plaintiff

Brown, Jacob Webster (Tennessee)

Kramer, Scott A. (Tennessee)

Morris, Patrick Herman (Tennessee)

Attorneys(s) for Defendant

Glover, Robert M. (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Parker, Thomas Lee Robinson (Tennessee)

Silk, Jennie Vee (Tennessee)

Tullis, Mary Wu (Tennessee)

Judge(s)

Bryant, Edward G. (Tennessee)

McCalla, Jon Phipps (Tennessee)

Attorneys(s) for Plaintiff

Brown, Jacob Webster (Tennessee)

Kramer, Scott A. (Tennessee)

Morris, Patrick Herman (Tennessee)

Attorneys(s) for Defendant

Glover, Robert M. (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Parker, Thomas Lee Robinson (Tennessee)

Silk, Jennie Vee (Tennessee)

Tullis, Mary Wu (Tennessee)

Wellford, Buckner (Tennessee)

Other Attorney(s)

Castelli, Thomas H. (Tennessee)

Floyd, Amanda Strickland (Tennessee)

Expert/Monitor/Master

Stanton, Edward L. III (Tennessee)

Documents in the Clearinghouse

Document

2:17-cv-02120

Docket

Blanchard v City of Memphis

March 23, 2021

March 23, 2021

Docket
1

2:17-cv-02120

Complaint for Enforcement of Order, Judgment and Decree, Damages and Other Relief

Blanchard v City of Memphis

Feb. 22, 2017

Feb. 22, 2017

Complaint
16

2:17-cv-02120

Intervening Complaint of ACLU of Tennessee, INC

Blanchard v City of Memphis

March 3, 2017

March 3, 2017

Complaint
41

2:17-cv-02120

Order Granting Motion to Dismiss as to Blanchard Plaintiffs; Order Denying Motion to Dismiss as to Intervening-Plaintiff ACLU of Tennessee, INC.

Blanchard v City of Memphis

2017 WL 4547169

June 30, 2017

June 30, 2017

Order/Opinion
120

2:17-cv-02120

Order Granting in Part and Denying in Part the ACLU-TN's Motion for Summary Judgment and Order Denying the City's Motion for Summary Judgment on the Issue of Contempt

Blanchard v City of Memphis

April 10, 2018

April 10, 2018

Order/Opinion
151

2:17-cv-02120

Order and Opinion

Blanchard v City of Memphis

Oct. 26, 2018

Oct. 26, 2018

Order/Opinion
152

2:17-cv-02120

Order Memorialising Sanctions

Blanchard v City of Memphis

Oct. 29, 2018

Oct. 29, 2018

Order/Opinion
197 & 197-1 & 197-2

2:17-cv-02120

Interim Report of Independent Monitor

ACLU of Tennessee v. City of Memphis

April 5, 2019

April 5, 2019

Monitor/Expert/Receiver Report
205

2:17-cv-02120

April 2019 Quarterly Report of the Independent Monitor

ACLU of Tennessee v. City of Memphis

May 2, 2019

May 2, 2019

Monitor/Expert/Receiver Report
319

2:17-cv-02120

First Quarter 2020 Report of the Independent Monitor

ACLU of Tennessee v. City of Memphis

May 20, 2019

May 20, 2019

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7723918/blanchard-v-city-of-memphis-tennessee/

Last updated June 4, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Enforcement of Order, Judgment and Decree, Damages and Other Relief against City Of Memphis, Tennessee (Filing fee $ 400 receipt number 0651-2495147), filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Consent Decree, # 2 Exhibit 2 - MPD "Black List", # 3 Civil Cover Sheet, # 4 Summons)(Kramer, Bruce) (Entered: 02/22/2017)

1 Exhibit 1 - Consent Decree

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2 Exhibit 2 - MPD "Black List"

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3 Civil Cover Sheet

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4 Summons

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Feb. 22, 2017

Feb. 22, 2017

Clearinghouse
2

Judge Jon Phipps McCalla and Chief Magistrate Judge Diane K. Vescovo added. (jld) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
3

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
4

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
5

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
6

Summons Issued as to City Of Memphis, Tennessee. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
7

AFFIDAVIT of Service for Summons & Complaint served on City of Memphis on February 23, 2017, filed by Elaine Blanchard, Keedran Franklin, Paul Garner, Bradley Watkins. (Kramer, Bruce) (Entered: 02/25/2017)

Feb. 25, 2017

Feb. 25, 2017

PACER
8

MOTION to Dismiss by City Of Memphis, Tennessee. (Wellford, Buckner) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
9

ATTACHMENT Memorandum of Law in Support to 8 MOTION to Dismiss by City Of Memphis, Tennessee.. (Attachments: # 1 Exhibit A - Kendrick Consent Order, # 2 Exhibit B - Little v. Shelby County Consent Order, # 3 Exhibit C - Little v. Shelby County Docket Report)(Wellford, Buckner) (Entered: 03/01/2017)

1 Exhibit A - Kendrick Consent Order

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2 Exhibit B - Little v. Shelby County Consent Order

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3 Exhibit C - Little v. Shelby County Docket Report

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March 1, 2017

March 1, 2017

PACER
10

SETTING LETTER: Telephonic Scheduling Conference set for Tuesday, 3/28/2017 at 2:30 PM before Judge Jon Phipps McCalla. (btg) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
11

NOTICE of Appearance by Thomas L. Parker on behalf of City Of Memphis, Tennessee (Parker, Thomas) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
12

MOTION to Intervene Proposed Order Submitted by ACLU of Tennessee, Inc.. (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit A, # 3 Exhibit B)(Castelli, Thomas) (Entered: 03/02/2017)

1 Memorandum in Support of Motion to Intervene

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2 Exhibit A

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3 Exhibit B

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March 2, 2017

March 2, 2017

PACER
13

NOTICE of Appearance by Jennie Vee Silk on behalf of All Defendants (Silk, Jennie) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
14

ANSWER to 1 Complaint, by City Of Memphis, Tennessee. (Attachments: # 1 Exhibit 1 - Policy And Procedures)(Parker, Thomas) (Entered: 03/02/2017)

1 Exhibit 1 - Policy And Procedures

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March 2, 2017

March 2, 2017

PACER
15

ORDER granting 12 Motion to Intervene. Signed by Judge Jon Phipps McCalla on 3/2/17. (McCalla, Jon) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
16

Intervenor COMPLAINT, filed by ACLU of Tennessee, Inc..(Castelli, Thomas) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

Clearinghouse
17

NOTICE by City Of Memphis, Tennessee of Filing of Motion in Related Case (Attachments: # 1 Exhibit A- Motion to Transfer Related Case)(Parker, Thomas) (Entered: 03/03/2017)

1 Exhibit A- Motion to Transfer Related Case

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March 3, 2017

March 3, 2017

PACER
18

MOTION to Reschedule Telephonic Scheduling Conference by All Plaintiffs. (Kramer, Bruce) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
19

MOTION to Bifurcate Proposed Order Submitted by All Defendants. (Attachments: # 1 Memorandum in Support of Motion to Bifurcate and Stay or Limit Discovery)(Wellford, Buckner) (Entered: 03/07/2017)

1 Memorandum in Support of Motion to Bifurcate and Stay or Limit Discovery

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March 7, 2017

March 7, 2017

PACER
20

ORDER granting 18 Motion to reschedule telephonic scheduling conference. Signed by Judge Jon Phipps McCalla on 3/8/17. (McCalla, Jon) (Entered: 03/08/2017)

March 8, 2017

March 8, 2017

PACER
21

SETTING LETTER: Telephonic Scheduling Conference reset to Tuesday, 4/4/2017 at 10:45 AM before Judge Jon Phipps McCalla. (btg) (Entered: 03/08/2017)

March 8, 2017

March 8, 2017

PACER
22

MOTION to Dismiss Complaint of Intervening Plaintiff, ACLU of Tennessee by All Defendants. (Attachments: # 1 Memorandum in Support of Motion to Dismiss Complaint of Intervening Plaintiff, ACLU of Tennessee, Inc., # 2 Exhibit A to Memorandum - WTCLU Filing Information, # 3 Exhibit B - ACLU of Tennessee Filing Information, # 4 Exhibit C - Affidavit of Jennie Silk)(Wellford, Buckner) (Entered: 03/08/2017)

1 Memorandum in Support of Motion to Dismiss Complaint of Intervening Plaintiff, A

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2 Exhibit A to Memorandum - WTCLU Filing Information

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3 Exhibit B - ACLU of Tennessee Filing Information

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4 Exhibit C - Affidavit of Jennie Silk

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March 8, 2017

March 8, 2017

PACER
23

NOTICE of Appearance by Scott A. Kramer on behalf of All Plaintiffs (Kramer, Scott) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER

Magistrate Judge Edward G. Bryant added. Chief Magistrate Judge Diane K. Vescovo no longer assigned to case per 2017 Judicial Retreat Decision to Reallocate the Magistrate Judge Civil Caseload. (jae)

March 15, 2017

March 15, 2017

PACER
24

RESPONSE to Motion re 19 MOTION to Bifurcate Proposed Order Submitted Proposed Order Submitted filed by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
25

RESPONSE to Motion re 19 MOTION to Bifurcate Proposed Order Submitted (Proposed Order Submitted) filed by All Plaintiffs. (Kramer, Bruce) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
26

RESPONSE to Motion re 8 MOTION to Dismiss filed by All Plaintiffs. (Kramer, Bruce) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
27

ORDER denying 19 Motion to Bifurcate. Signed by Judge Jon Phipps McCalla on 3/31/17. (McCalla, Jon) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
28

REPORT of Rule 26(f) Planning Meeting . (Attachments: # 1 Exhibit 1 - Stipulation on ESI Searching, # 2 Exhibit Ex to Stipulation on ESI Searching - Schedule A)(Parker, Thomas) (Entered: 03/31/2017)

1 Exhibit 1 - Stipulation on ESI Searching

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2 Exhibit Ex to Stipulation on ESI Searching - Schedule A

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March 31, 2017

March 31, 2017

PACER
29

REPLY to Response to Motion re 26 Response to Motion to Dismiss filed by City Of Memphis, Tennessee. (Parker, Thomas) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
30

NOTICE of Appearance by Patrick Herman Morris on behalf of All Plaintiffs (Morris, Patrick) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
31

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 4/4/2017. Bruce Kramer, Scott Kramer, Patrick Herman Morris, & Thomas Hauser Castelli appearing for the Plaintiff. Buckner Wellford, Jennie Vee Silk, & Thomas L. Parker appearing for the Defense. Plaintiff anticipates filing a motion to join parties. Pending Motions to Dismiss will be ruled on by the Court by separate order. Non-Jury Trial set for Monday, 5/7/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Trial is anticipated to last 5 days. Pretrial Conference set for Friday, 4/27/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 4/20/2018. Parties may file a motion for a status conference if deemed necessary. Scheduling order to be entered. (Court Reporter: Karla Seely, Alpha Reporting) (btg) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
32

SETTING LETTER: Non-Jury Trial set for Monday, 5/7/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Pretrial Conference set for Friday, 4/27/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 4/20/2018. (btg) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
33

RESPONSE to Motion re 22 MOTION to Dismiss Complaint of Intervening Plaintiff, ACLU of Tennessee filed by ACLU of Tennessee, Inc.. (Attachments: # 1 Exhibit Kendrick Complaint, # 2 Exhibit Order, Judgment and Decree, # 3 Affidavit Eric Sirignano, # 4 Exhibit ACLU-TN Charter, # 5 Affidavit Sarah Abbott, # 6 Exhibit West Tennessee Civil Liberties Union Documents, # 7 Exhibit ACLU-TN By-Laws, # 8 Exhibit 1973 By-Laws, # 9 Exhibit Board Minutes)(Castelli, Thomas) (Entered: 04/05/2017)

1 Exhibit Kendrick Complaint

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2 Exhibit Order, Judgment and Decree

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3 Affidavit Eric Sirignano

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4 Exhibit ACLU-TN Charter

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5 Affidavit Sarah Abbott

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6 Exhibit West Tennessee Civil Liberties Union Documents

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7 Exhibit ACLU-TN By-Laws

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8 Exhibit 1973 By-Laws

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9 Exhibit Board Minutes

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April 5, 2017

April 5, 2017

PACER
34

SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 4/10/17. (McCalla, Jon) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
35

REPLY to Response to Motion re 33 Response to Motion,, filed by City Of Memphis, Tennessee. (Attachments: # 1 Exhibit Affidavit of Buckner Wellford)(Wellford, Buckner) (Entered: 04/10/2017)

1 Exhibit Affidavit of Buckner Wellford

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April 10, 2017

April 10, 2017

PACER
36

MEMORANDUM in Support re 22 MOTION to Dismiss Complaint of Intervening Plaintiff, ACLU of Tennessee Supplemental Memorandum of Law in Support of Motion To Dismiss filed by City Of Memphis, Tennessee. (Attachments: # 1 Exhibit 1- Joint Affidavit, # 2 Exhibit 2- Letter Spence, # 3 Exhibit 3- Letter Pickering, # 4 Exhibit 4- Notice, # 5 Exhibit 5- Affiliates List)(Silk, Jennie) (Entered: 06/06/2017)

1 Exhibit 1- Joint Affidavit

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2 Exhibit 2- Letter Spence

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3 Exhibit 3- Letter Pickering

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4 Exhibit 4- Notice

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5 Exhibit 5- Affiliates List

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June 6, 2017

June 6, 2017

PACER
37

RESPONSE in Opposition re 22 MOTION to Dismiss Complaint of Intervening Plaintiff, ACLU of Tennessee Response to Supplemental Memorandum of Law in Support of Motion To Dismiss filed by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
38

MOTION for Oral Argument on the Issue of ACLU of Tennessee, Inc.'s Standing and Memo in Support (Proposed Order Sumitted) by City Of Memphis, Tennessee. (Parker, Thomas) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
39

RESPONSE to Motion re 38 MOTION for Oral Argument on the Issue of ACLU of Tennessee, Inc.'s Standing and Memo in Support (Proposed Order Sumitted) filed by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
40

REPLY to Response to Motion re 39 Response to Motion for Oral Argument on the Issue of ACLU of Tennessee, Inc.'s Standing filed by City Of Memphis, Tennessee. (Wellford, Buckner) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
41

ORDER denying 38 Motion as Moot; granting 8 Motion to Dismiss; denying 22 Motion to Dismiss. Signed by Judge Jon Phipps McCalla on 6/30/17. (McCalla, Jon) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

Clearinghouse
42

Consent MOTION for Extension of Time to File Answer re 16 Intervenor Complaint or Otherwise Plead, proposed order submitted, by City Of Memphis, Tennessee. (Parker, Thomas) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
43

ORDER granting 42 Motion for Extension of Time to Answer All Defendants.. Signed by Judge Jon Phipps McCalla on 7/17/17. (McCalla, Jon) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
44

ANSWER to 16 Intervenor Complaint by City Of Memphis, Tennessee.(Wellford, Buckner) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
45

NOTICE by City Of Memphis, Tennessee of Service of Rule 26 Disclosures (Wellford, Buckner) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
46

NOTICE by City Of Memphis, Tennessee of Service of Supplemental Initial Disclosures (Wellford, Buckner) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
47

NOTICE OF APPEAL as to 41 Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss, by Elaine Blanchard, Keedran Franklin, Paul Garner, Bradley Watkins. Filing fee $ 505, receipt number 0651-2596842. (Kramer, Bruce) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
48

USCA Case Number 17-5868 for 47 Notice of Appeal filed by Elaine Blanchard, Paul Garner, Keedran Franklin, Bradley Watkins.Civil Case Docketed. Notice filed by Appellants Elaine Blanchard, Keedran Franklin, Paul Garner and Bradley Watkins. Transcript needed: y. (jrs) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
49

MOTION for Entry of Judgment under Rule 54(b) by All Plaintiffs. (Attachments: # 1 Memorandum in Support of Motion for Rule 54(b) Certfication)(Kramer, Bruce) (Entered: 09/11/2017)

1 Memorandum in Support of Motion for Rule 54(b) Certfication

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Sept. 11, 2017

Sept. 11, 2017

PACER
50

RESPONSE to Motion re 49 MOTION for Entry of Judgment under Rule 54(b) Certification filed by City Of Memphis, Tennessee. (Parker, Thomas) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
51

Joint MOTION for Protective Order Proposed Order Submitted by City Of Memphis, Tennessee. (Attachments: # 1 Exhibit Proposed Protective Order)(Silk, Jennie) (Entered: 09/28/2017)

1 Exhibit Proposed Protective Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
52

PROTECTIVE ORDER re 51 Motion for Protective Order. Signed by Judge Jon Phipps McCalla on 10/2/2017. (McCalla, Jon) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
53

Joint MOTION for Status Conference by City Of Memphis, Tennessee. (Parker, Thomas) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
54

SETTING LETTER: Telephonic Status Conference set for Thursday, 11/2/2017 at 11:30 AM before Judge Jon Phipps McCalla. (btg) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
55

ORDER granting 53 Motion for Status Conference. **[TEXT-ONLY ORDER. NO IMAGE ASSOCIATED.] Signed by Judge Jon Phipps McCalla on 10/27/2017. (McCalla, Jon) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
56

ORDER ON SCHEDULING CONFERENCE. Signed by Judge Jon Phipps McCalla on 10/27/2017. (McCalla, Jon) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
57

ORDER DENYING 49 Motion for Rule 54(b) Certification. Signed by Judge Jon Phipps McCalla on 11/1/2017. (McCalla, Jon) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
58

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Status Conference held on 11/2/2017. Thomas Hauser Castelli appearing for the Intervener Plaintiff. Buckner Wellford, Jennie Vee Silk, and Thomas L. Parker appearing for the Defense. New deadlines set by the Court. Non-Jury Trial reset for Monday, 8/13/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Pretrial Conference reset for Friday, 8/3/2018 at 10:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 7/27/2018. Amended scheduling order to be entered. (Court Reporter: Valerie Gilliam, Alpha Reporting) (btg) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
59

SETTING LETTER: Non-Jury Trial reset for Monday, 8/13/2018 at 9:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Pretrial Conference reset for Friday, 8/3/2018 at 10:30 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 7/27/2018. (btg) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
60

AMENDED SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 11/2/2017. (McCalla, Jon) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
61

NOTICE of Appearance by Amanda Strickland Floyd on behalf of ACLU of Tennessee, Inc. (Floyd, Amanda) (Entered: 11/10/2017)

Nov. 10, 2017

Nov. 10, 2017

PACER
62

NOTICE by City Of Memphis, Tennessee of Service of Defendant's Second Set of Interrogatories and Requests for Production to Intervening Plaintiff (Silk, Jennie) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
63

ORDER of USCA as to 47 Notice of Appeal filed by Elaine Blanchard, Paul Garner, Keedran Franklin, Bradley Watkins. The appeal is DISMISSED for lack of jurisdiction. (agj) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
64

Consent MOTION to Substitute Attorney proposed order submitted by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
65

ORDER granting 64 Motion to Substitute Attorney. Added attorney R. Mark Glover for City of Memphis, Tennessee. Attorney Thomas L. Parker terminated. Signed by Judge Jon Phipps McCalla on 2/1/2018. (McCalla, Jon) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
66

ORDER of USCA as to 47 Notice of Appeal filed by Elaine Blanchard, Paul Garner, Keedran Franklin, Bradley Watkins. Upon consideration of the motion to withdraw Thomas L. Parker and substitute R. MarkGlover as counsel of record, It is ORDERED that the motion be, and hereby is GRANTED. (agj) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
67

NOTICE by City of Memphis, Tennessee of Service of Expert Disclosure and Report to Intervening Plaintiff (Attachments: # 1 Exhibit One)(Silk, Jennie) (Entered: 02/28/2018)

1 Exhibit One

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Feb. 28, 2018

Feb. 28, 2018

PACER
68

ORDER of USCA as to 47 Notice of Appeal filed by Elaine Blanchard, Paul Garner, Keedran Franklin, Bradley Watkins. ORDER filed: The motion for extension of time to file a reply is GRANTED, and the motion to strike the reply is DENIED. The petition for rehearing and the motion for leave to file an amended response to the show cause order are GRANTED. The appeal is DISMISSED for lack of jurisdiction. (jrs) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
69

NOTICE by City of Memphis, Tennessee of Service of Defendant's Second Supplemental Initial Disclosures (Silk, Jennie) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
70

MANDATE of USCA as to 47 Notice of Appeal filed by Elaine Blanchard, Paul Garner, Keedran Franklin, Bradley Watkins. MANDATE ISSUED with no costs taxed. (csf) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
71

Joint MOTION for Status Conference proposed order submitted by All Defendants. (Silk, Jennie) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
72

ORDER granting 71 Motion for Status Conference. Signed by Judge Jon Phipps McCalla on 5/7/2018. (McCalla, Jon) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
73

SETTING LETTER: Telephonic Status Conference set for Monday, 5/21/2018 at 10:30 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
74

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Status Conference held on 5/21/2018. Thomas Hauser Castelli and Amanda Strickland Floyd appeared for the Intervenor Plaintiff. Buck Wellford, Jennie Vee Silk, R. Mark Glover and Mike Fletcher (Deputy City Attorney) appeared for the Defense. Dispositive Motion deadline extended to 6/18/2018. Response due 7/9/2018. Reply due 7/16/2018. Non-Jury Trial reset for Monday, 8/20/2018 at 9:30 AM before Judge Jon Phipps McCalla. Trial is estimated to last 4-5 days. Pretrial Conference reset for Friday, 8/10/2018 at 10:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order due by 8/3/2018. (Court Reporter: Nicole Warren) (jpw) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
75

SETTING LETTER: Non-Jury Trial reset for Monday, 8/20/2018 at 9:30 AM before Judge Jon Phipps McCalla. Pretrial Conference reset for Friday, 8/10/2018 at 10:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order due by 8/3/2018. (jpw) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
76

ORDER SETTING DATES. Signed by Judge Jon Phipps McCalla on 5/21/2018. (McCalla, Jon) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
77

MOTION to Seal Document - to Allow Filing Under Seal, proposed Order Submitted by City of Memphis, Tennessee. (Wellford, Buckner) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
78

MOTION to Seal to Allow Filing Under Seal by ACLU of Tennessee, Inc.. (Attachments: # 1 Memorandum)(Castelli, Thomas) (Entered: 06/18/2018)

1 Memorandum

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June 18, 2018

June 18, 2018

PACER
79

SEALED MOTION for Summary Judgment by ACLU of Tennessee, Inc.. (Attachments: # 1 Memorandum, # 2 Exhibit Statement of Undisputed Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, # 40 Exhibit LL, # 41 Exhibit MM, # 42 Exhibit NN, # 43 Exhibit OO, # 44 Exhibit PP, # 45 Exhibit QQ, # 46 Exhibit RR, # 47 Exhibit SS, # 48 Exhibit Deposition of Eddie Bass, # 49 Exhibit Deposition of Albert Bonner, # 50 Exhibit Deposition of Stephen Chandler, # 51 Exhibit Deposition of Aubrey Howard, # 52 Exhibit Deposition of Joseph Patty, # 53 Exhibit Deposition of Michael Rallings, # 54 Exhibit Deposition of Timothy Reynolds, # 55 Exhibit Deposition of Bradley Wilburn)(Castelli, Thomas) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
80

MOTION for Summary Judgment on the Issue of Standing by City of Memphis, Tennessee. (Attachments: # 1 Memorandum, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X)(Silk, Jennie) (Entered: 06/18/2018)

1 Memorandum

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2 Statement of Facts

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Exhibit R

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21 Exhibit S

View on PACER

22 Exhibit T

View on PACER

23 Exhibit U

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24 Exhibit V

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25 Exhibit W

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26 Exhibit X

View on PACER

June 18, 2018

June 18, 2018

PACER
81

SEALED MOTION for Summary Judgment on Issue of Civil Contempt by City of Memphis, Tennessee. (Attachments: # 1 Memorandum Memorandum of Law In Support of Motion for Summary Judgment on Issue of Civil Contempt, # 2 Exhibit Exhibit 1 to Memorandum in Support of Motion for Summary Judgment on Issues of Civil Contempt, # 3 Statement of Facts in Support of Motion for Summary Judgment on Issue of Civil Contempt, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21)(Wellford, Buckner) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
82

MOTION TO HOLD PLAINTIFF'S MOTION TO FILE UNDER SEAL IN ABEYANCE re 78 MOTION to Seal to Allow Filing Under Seal proposed order submitted by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
83

Supplemental SEALED MOTION MEMORANDUM IN SUPPORT OF ITS MOTION by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
84

SEALED RESPONSE to Motion re 78 MOTION to Seal to Allow Filing Under Seal filed by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
85

RESPONSE in Opposition re 83 Supplemental SEALED MOTION MEMORANDUM IN SUPPORT OF ITS MOTION, 77 MOTION to Seal Document - to Allow Filing Under Seal, proposed Order Submitted proposed order submitted filed by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
86

MOTION For In Camera Review re 84 Sealed Response to Motion proposed order submitted by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
87

RESPONSE to Motion re 82 MOTION TO HOLD PLAINTIFF'S MOTION TO FILE UNDER SEAL IN ABEYANCE re 78 MOTION to Seal to Allow Filing Under Seal proposed order submitted Proposed Order Submitted filed by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
88

SEALED RESPONSE to Motion re 81 SEALED MOTION for Summary Judgment on Issue of Civil Contempt filed by ACLU of Tennessee, Inc.. (Attachments: # 1 Exhibit Response to Statement of Undisputed Facts)(Castelli, Thomas) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
89

MOTION to Seal File under Seal by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
90

RESPONSE to Motion re 80 MOTION for Summary Judgment on the Issue of Standing filed by ACLU of Tennessee, Inc.. (Attachments: # 1 Exhibit Response to Statement of Undisputed Facts, # 2 Exhibit A September 2, 1969 Minutes, # 3 Exhibit B December 11, 1971 Minutes, # 4 Exhibit C Dep of H Weinberg, pg 40)(Castelli, Thomas) (Entered: 07/09/2018)

1 Exhibit Response to Statement of Undisputed Facts

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2 Exhibit A September 2, 1969 Minutes

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3 Exhibit B December 11, 1971 Minutes

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4 Exhibit C Dep of H Weinberg, pg 40

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July 9, 2018

July 9, 2018

PACER
91

SEALED RESPONSE to Motion re 79 SEALED MOTION for Summary Judgment filed by City of Memphis, Tennessee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit C Part 3)(Silk, Jennie) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
92

SEALED RESPONSE to Motion re 79 SEALED MOTION for Summary Judgment RESPONSE TO PLAINTIFF'S UNDISPUTED STATEMENT OF MATERIAL FACTS filed by City of Memphis, Tennessee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Silk, Jennie) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
93

SEALED RESPONSE to Motion re 79 SEALED MOTION for Summary Judgment STATEMENT OF ADDITIONAL FACTS IN SUPPORT OF DEFENDANT'S RESPONSE filed by City of Memphis, Tennessee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Silk, Jennie) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
94

MOTION to Seal Response to Plaintiff's Motion for Summary Judgment, proposed order submitted by City of Memphis, Tennessee. (Silk, Jennie) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
95

ORDER granting 86 Motion for In Camera Review. Signed by Judge Jon Phipps McCalla on 7/12/2018. (McCalla, Jon) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
96

MOTION for Reconsideration re 95 Order on Motion for Miscellaneous Relief Proposed Order Submitted by ACLU of Tennessee, Inc.. (Attachments: # 1 Exhibit Plaintiff's Response in Opposition to Defendant's Motion for In Camera Review)(Castelli, Thomas) (Entered: 07/13/2018)

1 Exhibit Plaintiff's Response in Opposition to Defendant's Motion for I

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July 13, 2018

July 13, 2018

PACER
97

ORDER denying 96 Motion for Reconsideration. Signed by Judge Jon Phipps McCalla on 7/16/2018. (McCalla, Jon) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
98

MOTION to Seal by ACLU of Tennessee, Inc.. (Castelli, Thomas) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
99

SEALED REPLY to Response to Motion re 93 Sealed Response to Motion, 92 Sealed Response to Motion, 91 Sealed Response to Motion, filed by ACLU of Tennessee, Inc.. (Attachments: # 1 Exhibit Response to Defendant's Additional Statement of Facts, # 2 Exhibit Deposition of Chandler)(Castelli, Thomas) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 22, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four residents of Memphis who found themselves on a police "black list" and the ACLU Tennessee

Plaintiff Type(s):

Non-profit NON-religious organization

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

City of Memphis (Memphis), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - None

Content of Injunction:

Required disclosure

Training

Monitoring

Reporting

Issues

General:

Failure to train

Incident/accident reporting & investigations

Pattern or Practice

Record-keeping

Search policies

Watchlist