Case: Brucker v. The City of Doraville

1:18-cv-02375 | U.S. District Court for the Northern District of Georgia

Filed Date: May 23, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

The city of Doraville relied on its municipal court as a source of revenue. The city received millions of dollars of its budget from court fines and forfeitures. As Doraville’s City Council heavily relied on these revenues to balance the city’s budget, its municipal court personnel, who serve at the pleasure of the City Council, had a financial incentive to convict defendants. In addition, the city’s law enforcement personnel, who also ultimately serve at the pleasure of its City Council, had a…

The city of Doraville relied on its municipal court as a source of revenue. The city received millions of dollars of its budget from court fines and forfeitures. As Doraville’s City Council heavily relied on these revenues to balance the city’s budget, its municipal court personnel, who serve at the pleasure of the City Council, had a financial incentive to convict defendants. In addition, the city’s law enforcement personnel, who also ultimately serve at the pleasure of its City Council, had an incentive to ticket and prosecute to raise revenue.

On May 23, 2018, four individuals who had been ticketed or threatened to be ticketed by the City of Doraville filed this lawsuit in U.S. District Court Northern District of Georgia. The case was assigned to Judge Richard W. Story. Represented by Strickland Brockington Lewis, LLP, and the Institute for Justice, the plaintiffs sued the City of Doraville under 42 U.S.C. §1983 and the Declaratory Judgments Act. The plaintiffs alleged that the City’s policy and practice of using its law enforcement and municipal court system for revenue generation violated the plaintiffs' due process rights under the Fourteenth Amendment. Specifically, the complaint claimed that the “financial incentive to ticket and prosecute injects an unconstitutional financial bias or an appearance of such bias into law enforcement and prosecutorial discretion.” The plaintiffs sought declarative and injunctive relief from Doraville’s policy and practice of budgeting to receive revenues from fines and fees.

The defendant sought to dismiss the complaint on July 2, 2018, claiming that the court lacks subject matter jurisdiction and the complaint failed to state a claim as a matter of law. On April 1, 2019, the court (Judge Richard Story) denied in part the motion to dismiss. The court found that the plaintiffs successfully alleged standing, as the complaint is replete with allegations showing that plaintiffs were personally harmed, and are likely to be harmed in the future, from the city’s allegedly unlawful actions. Regarding the complaint’s failure to state a claim as a matter of law, the court found itself “unable to adequately assess whether Plaintiffs’ claims are legally cognizable...as a result of the paucity of relevant case law.” As such, the court ordered a hearing to address the proper standard of review and its application in this case. 2019 WL 3557893. This hearing was held on June 4, 2019.

After reconsidering the motion to dismiss, the court denied the motion on July 9, 2019. Stating that “to state a plausible due process claim for institutional bias, Plaintiffs must allege sufficient facts to establish two things: (1) that there is a conflict of interest and (2) that the conflict of interest is substantial”, the court found that the plaintiffs established both. 391 F.Supp.3d 1207.

As of June 2020, this case is ongoing.

Summary Authors

Michael Beech (1/27/2019)

Bogyung Lim (6/8/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8491592/parties/brucker-v-the-city-of-doraville/


Judge(s)

Story, Richard W. (Georgia)

Attorneys(s) for Plaintiff

House, Joshua (Virginia)

Maurer, William R. (Washington)

Sanders, Anthony (Minnesota)

Strickland, Frank B. (Georgia)

Attorneys(s) for Defendant

Gray, Harvey Scott (Georgia)

Joseph, Alexandra M (Georgia)

Expert/Monitor/Master

Lee, Dianna J. (Georgia)

Judge(s)

Story, Richard W. (Georgia)

Attorneys(s) for Plaintiff

House, Joshua (Virginia)

Maurer, William R. (Washington)

Sanders, Anthony (Minnesota)

Strickland, Frank B. (Georgia)

Attorneys(s) for Defendant

Gray, Harvey Scott (Georgia)

Joseph, Alexandra M (Georgia)

Expert/Monitor/Master

Lee, Dianna J. (Georgia)

Documents in the Clearinghouse

Document

1:18-cv-02375

Docket [PACER]

June 5, 2020

June 5, 2020

Docket
1

1:18-cv-02375

Complaint

May 23, 2018

May 23, 2018

Complaint
30

1:18-cv-02375

Order

Brucker v. City of Doraville

April 1, 2019

April 1, 2019

Order/Opinion
39

1:18-cv-02375

Order

Brucker v. City of Doraville

July 9, 2019

July 9, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8491592/brucker-v-the-city-of-doraville/

Last updated Aug. 27, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Jeffery Thornton, Hilda Brucker, Janice Craig and Byron Billingsley. (Filing fee $400.00, receipt number 113E-7898383) (Attachments: # 1 Civil Cover Sheet, # 2 Incorrect Summons)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/24/2018)

1 Civil Cover Sheet

View on PACER

2 Incorrect Summons

View on PACER

May 23, 2018

May 23, 2018

PACER
2

Certificate of Interested Persons by Byron Billingsley, Hilda Brucker, Janice Craig and Jeffery Thornton. (eop) (Entered: 05/24/2018)

May 23, 2018

May 23, 2018

PACER
3

COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
4

PROPOSED SUMMONS filed by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton (Strickland, Frank) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
5

APPLICATION for Admission of Joshua House Pro Hac Vice (Application fee $ 150, receipt number 113E-7905466)by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Strickland, Frank) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
6

APPLICATION for Admission of Anthony Sanders Pro Hac Vice (Application fee $ 150, receipt number 113E-7905501)by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Strickland, Frank) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
7

Electronic Summons Issued as to The City of Doraville. (dgr) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
8

Return of Service Executed by Jeffery Thornton, Hilda Brucker, Janice Craig, Byron Billingsley. The City of Doraville served on 5/29/2018, answer due 6/19/2018. (Strickland, Frank) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Anthony Sanders Pro Hac Vice (Application fee $ 150, receipt number 113E-7905501). Attorney Anthony Sanders added appearing on behalf of Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton (pmb)

June 6, 2018

June 6, 2018

PACER

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Joshua House Pro Hac Vice (Application fee $ 150, receipt number 113E-7905466). Attorney Joshua House added appearing on behalf of Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton (pmb)

June 6, 2018

June 6, 2018

PACER

Approval of Application for Admission Pro Hac Vice

June 6, 2018

June 6, 2018

PACER

Clerks Certificate of Mailing

June 6, 2018

June 6, 2018

PACER
9

ORDER granting 6 Application for Admission Anthony Sanders Pro Hac Vice. Signed by Judge Richard W. Story on 06/06/2018. (dgr) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER

Clerk's Certificate of Mailing as to Anthony Sanders re 9 Order on Application for Admission PHV. (dgr)

June 6, 2018

June 6, 2018

PACER
10

ORDER granting 5 Application for Admission Joshua House Pro Hac Vice. Signed by Judge Richard W. Story on 06/06/2018. (dgr) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
11

NOTICE of Appearance by Harvey Scott Gray on behalf of The City of Doraville (Gray, Harvey) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
12

NOTICE of Appearance by Dianna J. Lee on behalf of The City of Doraville (Lee, Dianna) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
13

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by The City of Doraville. (Attachments: # 1 Text of Proposed Order)(Lee, Dianna) (Entered: 06/13/2018)

1 Text of Proposed Order

View on PACER

June 13, 2018

June 13, 2018

PACER

Clerks Certificate of Mailing

June 14, 2018

June 14, 2018

PACER
14

ORDER granting 13 Motion for Extension of Time to Answer, The City of Doraville Answer due 7/2/2018. Signed by Judge Richard W. Story on 06/14/2018. (rsg) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER

Clerk's Certificate of Mailing as to Anthony Sanders Institute for Justice - MN re 14 Order on Motion for Extension of Time to Answer. (rsg)

June 14, 2018

June 14, 2018

PACER
15

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al. with Brief In Support by The City of Doraville. (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B)(Gray, Harvey) (Entered: 07/02/2018)

1 Memorandum of Law in Support of Motion to Dismiss

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

July 2, 2018

July 2, 2018

PACER
16

Unopposed MOTION for Extension of Time TO FILE RESPONSE TO DEFENDANTS MOTION TO DISMISS re: 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al. by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(Sanders, Anthony) (Entered: 07/05/2018)

1 Text of Proposed Order

View on PACER

July 5, 2018

July 5, 2018

PACER
17

ORDER granting 16 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss 15 . ORDERED that Plaintiffs shall respond to Defendants' motion to dismiss by July 30, 2018. Signed by Judge Richard W. Story on 07/06/2018. (dgr) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
18

Unopposed MOTION for Leave to File Excess Pages in Response to Defendant's Motion to Dismiss by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(House, Joshua) (Entered: 07/27/2018)

1 Text of Proposed Order

View on PACER

July 27, 2018

July 27, 2018

PACER
19

ORDER granting 18 Motion for Leave to File Excess Pages. ORDERED that Plaintiffs shall file a brief of no more than 30 pages in response to Defendant's motion to dismiss. Signed by Judge Richard W. Story on 07/27/2018. (dgr) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
20

RESPONSE in Opposition re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al. filed by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (House, Joshua) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
21

MOTION for Leave to File Excess Pages regarding 15 Defendant City of Doraville's Motion to Dismiss by The City of Doraville. (Attachments: # 1 Text of Proposed Order)(Lee, Dianna) (Entered: 07/31/2018)

1 Text of Proposed Order

View on PACER

July 31, 2018

July 31, 2018

PACER
22

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (House, Joshua) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
23

ORDER granting Defendant's 21 Motion for Leave to File Excess Pages re 15 Motion to Dismiss. The memorandum shall not exceed a total of thirty (30) pages. Signed by Judge Richard W. Story on 08/01/18. (sk) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
24

Initial Disclosures by The City of Doraville.(Lee, Dianna) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
25

CERTIFICATE OF SERVICE for Plaintiffs' Initial Disclosures by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
26

SCHEDULING ORDER: 22 Joint Preliminary Report and Discovery Plan. The discovery period will commence thirty (30) days following the date Defendant files an answer and will proceed for eight (8) months thereafter. The expert disclosure and dispositive motion briefing schedules will be set in a future scheduling order after this Court rules on Defendant's pending motion to dismiss. Signed by Judge Richard W. Story on 08/01/2018. (dgr) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

Submission to District Judge

Aug. 13, 2018

Aug. 13, 2018

PACER
27

MOTION for Leave to File Excess Pages for Reply Brief by The City of Doraville. (Attachments: # 1 Text of Proposed Order)(Lee, Dianna) (Entered: 08/13/2018)

1 Text of Proposed Order

View on PACER

Aug. 13, 2018

Aug. 13, 2018

PACER
28

REPLY to Response to Motion re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al. filed by The City of Doraville. (Lee, Dianna) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

RECAP

Submission of 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al., to District Judge Richard W. Story. (sk)

Aug. 13, 2018

Aug. 13, 2018

PACER
29

ORDER granting 27 Motion for Leave to File Excess Pages. It is hereby ORDERED that said memorandum shall not exceed a total of twenty (20) pages/ exclusive of signature page and certificate of filing. Signed by Judge Richard W. Story on 08/14/2018. (dgr) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
30

ORDER denying 15 Motion to Dismiss for Failure to State a Claim. However, the Court grants, sua sponte, a reconsideration of the motions arguments under Rule 12(b)(6). The Court ORDERS the Parties to appear for a hearing to address the proper standard of review and its application in this case. The Courtroom Deputy Clerk will contact counsel to schedule that hearing. The parties may file supplemental briefs addressing these issues not later than 14 days before the hearing. Signed by Judge Richard W. Story on 4/1/2019. (dgr) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

RECAP
31

NOTICE of Hearing: Hearing set for 6/4/2019 at 02:00 PM in ATLANTA Courtroom 2105 before Judge Richard W. Story. (sk) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
32

Request for Leave of Absence for the following date(s): April 30, 2019-May 7, 2019, by Harvey Scott Gray. (Gray, Harvey) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
33

APPLICATION for Admission of William R. Maurer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8594562)by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(Strickland, Frank) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER

Approval of Application for Admission Pro Hac Vice

April 17, 2019

April 17, 2019

PACER

APPROVAL by Clerks Office re: 33 APPLICATION for Admission of William R. Maurer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8594562). Attorney Frank B. Strickland added appearing on behalf of Hilda Brucker (jkm)

April 17, 2019

April 17, 2019

PACER

Clerks Certificate of Mailing

April 18, 2019

April 18, 2019

PACER
34

ORDER granting 33 Application for Admission William R. Maurer Pro Hac Vice. Signed by Judge Richard W. Story on 4/18/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dgr) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER

Clerk's Certificate of Mailing as to William R. Maurer re 34 Order on Application for Admission PHV,. (dgr)

April 18, 2019

April 18, 2019

PACER
35

NOTICE Of Filing Plaintiffs' Supplemental Brief in Opposition to Defendant's Motion to Dismiss by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton (House, Joshua) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
36

NOTICE Of Filing by The City of Doraville re 30 Order on Motion to Dismiss for Failure to State a Claim,, Doraville's Supplemental Brief in Further Support of its 12(b)(6) Motion to Dismiss (Lee, Dianna) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
37

Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 6/4/2019 re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, et al. filed by The City of Doraville. Written order to follow. (Court Reporter Amanda Lohnaas)(rsg) (Entered: 06/05/2019)

June 4, 2019

June 4, 2019

PACER
38

TRANSCRIPT of Proceedings held on 6/4/19 (Hrg), before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/19/2019. (Attachments: # 1 Notice of Filing of Transcript) (pjm) (Entered: 06/21/2019)

1 Notice of Filing of Transcript

View on PACER

June 21, 2019

June 21, 2019

PACER
39

ORDER: This case comes before the Court for reconsideration of the City of Doraville's Motion to Dismiss 15 . After reconsideration, Doraville's Motion to Dismiss 15 is DENIED. See Order for further details. Signed by Judge Richard W. Story on 7/9/2019. (dgr) (Entered: 07/10/2019)

July 9, 2019

July 9, 2019

RECAP
40

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by The City of Doraville. (Attachments: # 1 Text of Proposed Order)(Gray, Harvey) (Entered: 07/16/2019)

1 Text of Proposed Order

View on PACER

July 16, 2019

July 16, 2019

PACER
41

ORDER granting 40 Motion for Extension of Time to Answer. The City of Doraville Answer due 8/7/2019. Signed by Judge Richard W. Story on 7/16/2019. (dgr) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
42

ANSWER to 1 COMPLAINT with Jury Demand by The City of Doraville. Discovery ends on 1/6/2020.(Gray, Harvey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
43

Joint MOTION for Extension of Time to Complete Discovery and to Set Expert and Dispositive Schedules by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(Sanders, Anthony) (Entered: 09/04/2019)

1 Text of Proposed Order

View on PACER

Sept. 4, 2019

Sept. 4, 2019

PACER
44

ORDER granting 43 Motion for Extension of Time to Complete Discovery. The following deadlines are hereby ordered: Plaintiffs' initial identification of expert witness(es) and production of expert reports, if any: January 15, 2020. Defendant to take deposition(s) of Plaintiffs' expert witness(es): February 14, 2020. Defendant's identification of rebuttal expert witness(es) and production of expert reports, if any: March 27, 2020. Plaintiffs to take deposition(s) Defendant's expert witness(es): April 24, 2020. Plaintiffs' expert witness(es) to issue rebuttal reports, if any: May 15, 2020. Discovery closes: June 8, 2020. Cross-motions for summary judgment: July 10, 2020. Responses to motions for summary judgment: August 10, 2020. Replies in support of motions for summary judgment: September 4, 2020. Signed by Judge Richard W. Story on 09/04/2019. (rsg) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

RECAP
45

CERTIFICATE OF SERVICE for Plaintiffs' First Notice for Production of Documents by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
46

CERTIFICATE OF SERVICE for Plaintiffs' First Set of Interrogatories by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
47

CERTIFICATE OF SERVICE for Plaintiffs' First Set of Requests for Admission by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
48

Certification of Consent to Substitution of Counsel. Alexandra M. Joseph replacing attorney Dianna J. Lee. (Joseph, Alexandra) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
49

Request for Leave of Absence for the following date(s): November 7-12, 2019, December 17, 2019 - January 3, 2020, January 28 - February 4, 2020, by Harvey Scott Gray. (Gray, Harvey) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
50

CERTIFICATE OF SERVICE of Discovery by The City of Doraville.(Joseph, Alexandra) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
51

Joint MOTION for Extension of Time For Expert Schedule by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(House, Joshua) (Entered: 11/25/2019)

1 Text of Proposed Order

View on PACER

Nov. 25, 2019

Nov. 25, 2019

PACER
52

CERTIFICATE OF SERVICE for Plaintiffs' Responses to Defendant's First Notice for Production of Documents by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
53

CERTIFICATE OF SERVICE for Plaintiffs' Responses to Defendant's First Set of Continuing Interrogatories by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
54

CERTIFICATE OF SERVICE for Plaintiffs' Notice of Deposition of Richard Platto and Request to Produce Documents Before Deposition by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER

Submission of 51 Joint MOTION for Extension of Time For Expert Schedule, to District Judge Richard W. Story. (sk)

Dec. 17, 2019

Dec. 17, 2019

PACER

Submission to District Judge

Dec. 17, 2019

Dec. 17, 2019

PACER
55

ORDER granting 51 Motion for Extension of Time For Expert Schedule. The following deadlines are ordered: Plaintiffs' initial identification of expert witness(es) and production of expert reports, if any: February 5, 2020. Defendant to take deposition(s) of Plaintiffs' expert witness(es): March 4, 2020. Defendant's identification of rebuttal expert witness(es) and production of expert reports, if any: April 3, 2020. Plaintiffs to take deposition(s) of Defendant's expert witness(es): May 1, 2020. Plaintiffs' expert witness(es) to issue rebuttal reports, if any: May 22, 2020. Discovery closes: June 8, 2020. Cross-motions for summary judgment: July 10, 2020. Responses to motions for summary judgment: August 10, 2020. Replies in support of motions for summary judgment: September 4, 2020. Signed by Judge Richard W. Story on 11/26/2019. (rsg) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
56

ORDER granting 51 Joint MOTION for Extension of Time For Expert Schedule filed by Byron Billingsley, Janice Craig, Hilda Brucker, Jeffery Thornton. The following deadlines are ordered: Plaintiffs' initial identification of expert witness(es) and production of expert reports, if any: February 5, 2020. Defendant to take deposition(s) of Plaintiffs' expert witness(es): March 4, 2020. Defendant's identification of rebuttal expert witness(es) and production of expert reports, if any: April 3, 2020. Plaintiffs to take deposition(s) of Defendant's expert witness(es): May 1, 2020. Plaintiffs' expert witness(es) to issue rebuttal reports, if any: May 22, 2020. Discovery closes: June 8, 2020. Cross-motions for summary judgment: July 10, 2020. Responses to motions for summary judgment: August 10, 2020. Replies in support of motions for summary judgment: September 4, 2020. Signed by Judge Richard W. Story on 12/18/2019. (bdb) (Entered: 12/19/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
57

CERTIFICATE OF SERVICE for Plaintiffs' Initial Identification of Expert Witness and Expert Report by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
58

CERTIFICATE OF SERVICE of Plaintiffs' Notice of Deposition of Edward Carter by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
59

CERTIFICATE OF SERVICE of Plaintiffs' Notice of Deposition of Bill Reilly by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
60

CERTIFICATE OF SERVICE of Plaintiffs' Notice of Deposition of Corally Rivera by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
61

NOTICE to Take Deposition of Nancy L. Zielke filed by The City of Doraville (Gray, Harvey) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
62

Request for Leave of Absence for the following date(s): April 16-21, 2020, May 1-5, 2020, June 4-9, 2020 and December 16, 2020 thru January 4, 2021, by Harvey Scott Gray. (Gray, Harvey) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
63

General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (dgr) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
64

Second MOTION for Extension of Time For Expert Schedule by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(House, Joshua) (Entered: 04/01/2020)

1 Text of Proposed Order

View on PACER

April 1, 2020

April 1, 2020

PACER
65

ORDER granting 64 Motion for Extension of Time to Modify the Expert Discovery Schedule. Defendants identification of rebuttal expert witness(es) and production of expert reports, if any: April 17, 2020. Plaintiffs to take deposition(s) of Defendants expert witness(es): May 15, 2020. Plaintiffs expert witness(es) to issue rebuttal reports, if any: June 5, 2020. Discovery closes: June 8, 2020. Cross-motions for summary judgment: July 10, 2020. Responses to motions for summary judgment: August 10, 2020. Replies in support of motions for summary judgment: September 4, 2020. Signed by Judge Richard W. Story on 4/1/2020. (dgr) (Entered: 04/02/2020)

April 1, 2020

April 1, 2020

PACER
66

Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
67

CERTIFICATE OF SERVICE by The City of Doraville.(Gray, Harvey) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
68

CERTIFICATE OF SERVICE for Plaintiffs' Notice of Deposition of Michael Brown by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
69

SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
70

STIPULATION to Designating Certain Individual Testimony as Organizational Testimony of Defendant City of Doraville by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (House, Joshua) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
71

CERTIFICATE OF SERVICE for Plaintiffs' Notice of 30(b)(6) Deposition by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
72

CERTIFICATE OF SERVICE of Plaintiffs' Special Interrogatories in Lieu of Testimony Under Rule 30(b)(6) by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
73

CERTIFICATE OF SERVICE of Discovery by The City of Doraville.(Joseph, Alexandra) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
74

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
75

CERTIFICATE OF SERVICE for Plaintiffs' Expert Witness Rebuttal Report by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(Sanders, Anthony) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
76

MOTION for Leave to File Excess Pages by The City of Doraville. (Attachments: # 1 Text of Proposed Order)(Gray, Harvey) (Entered: 06/12/2020)

1 Text of Proposed Order

View on PACER

June 12, 2020

June 12, 2020

PACER
77

ORDER granting 76 Motion for Leave to File Excess Pages and it is herebyORDERED that said memorandum of law shall not exceed a total of thirty (35) pages, exclusive of signature pages and certificate of service. Plaintiffs will also allowed an additional ten (10) pages. Signed by Judge Richard W. Story on 06/12/20. (rsg) (Entered: 06/15/2020)

June 12, 2020

June 12, 2020

PACER
78

Joint MOTION for Extension of Time for the Dispositive Motion Schedule by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton. (Attachments: # 1 Text of Proposed Order)(House, Joshua) (Entered: 06/24/2020)

1 Text of Proposed Order

View on PACER

June 24, 2020

June 24, 2020

PACER
79

ORDER granting 78 Motion to Modify the Dispositive Motions Schedule. The following deadlines are ordered: Cross-motions for summary judgment: July 24, 2020. Responses to motions for summary judgment: August 24, 2020. Replies in support of motions for summary judgment: September 18, 2020. Signed by Judge Richard W. Story on 6/24/2020. (dgr) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
80

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
81

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
82

DEPOSITION of Bill Riley taken on March 12, 2020 by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
83

DEPOSITION of Corally Rivera taken on March 13, 2020 by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
84

DEPOSITION of Donna Pittman taken on May 26, 2020 by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
85

DEPOSITION of Edward Carter taken on March 12, 2020 by Byron Billingsley, Hilda Brucker, Janice Craig, Jeffery Thornton.(House, Joshua) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 23, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals threatened with tickets or ticketed by the City of Doraville.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of Doraville (Doraville, De Kalb), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond