Case: Cleveland v. City of Montgomery & Watts v. City of Montgomery

2:13-cv-00732 | U.S. District Court for the Middle District of Alabama

Filed Date: Aug. 28, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On August 28, 2013, an indigent detainee in the Montgomery Municipal Jail filed this lawsuit in the Circuit Court of Montgomery County, Alabama. The plaintiff sued the City of Montgomery and the Honorable Milton J. Westry under 42 U.S.C. § 1983. The petitioner, represented by the Southern Poverty Law Center, requested the court quash the Municipal Court order requiring the petitioner to serve an imprisonment term of 54 days. Petitioner claimed that the Municipal Court order violated Sixth Amen…

On August 28, 2013, an indigent detainee in the Montgomery Municipal Jail filed this lawsuit in the Circuit Court of Montgomery County, Alabama. The plaintiff sued the City of Montgomery and the Honorable Milton J. Westry under 42 U.S.C. § 1983. The petitioner, represented by the Southern Poverty Law Center, requested the court quash the Municipal Court order requiring the petitioner to serve an imprisonment term of 54 days. Petitioner claimed that the Municipal Court order violated Sixth Amendment, due process, and equal protection clause. The plaintiff was an indigent woman who accumulated $2,714.00 in fines and fees on traffic tickets that she received in 2008 and 2009. On August 20, 2013, the plaintiff was arrested and brought to the Montgomery Municipal Jail. The next day, the plaintiff appeared before Defendant Judge Westry, who told the plaintiff that she must pay $1,554.00 immediately or serve 31 days in jail. When the plaintiff informed Judge Westry that she would not be able to pay after only recently securing a part-time job, Judge Westry ordered the that her outstanding fines be converted into a term of imprisonment in the Montgomery Municipal Jail. Petitioner was not appointed a lawyer during the previously described court proceeding.

After filing an emergency petition for writ of certiorari, the case was removed from state court to the United States District Court for the Middle District of Alabama on October 4, 2013. On the same day, the petitioner filed an amended complaint, seeking declaratory relief. Another indigent detainee filed a similar suit after he was taken into custody to serve a 54 day sentence for his inability to pay his traffic fees. Cleveland v. City of Montgomery, 2014 WL 6461900, at *1 (M.D. Ala. Nov 17, 2014). On October 28, 2013, the petitioner filed a motion to consolidate both cases. On November 12, 2013, petitioners amended their complaint and additionally sought injunctive relief. Judge Mark E. Fuller granted the motion to consolidate both cases on November 14, 2013.

Discovery began on December 23, 2013. During discovery, a similar case raising comparable claims, Mitchell v. City of Montgomery, was filed. 2014 WL 6461900, at *1 (M.D. Ala. Nov 17, 2014). The court in Mitchell v. City of Montgomery entered a preliminary injunction that ordered the City of Montgomery to submit a comprehensive set of judicial procedures to implement for the collection of future fines. On May 14, 2014, petitioners motioned to have limited participation in the Mitchell v. City of Montgomery hearing regarding the proposed judicial procedures. 2014 WL 6461900, at *2 (M.D. Ala. Nov 17, 2014). On May 27, 2014, Judge Fuller granted the petitioners’ motion in part and denied it in part. Judge Fuller determined that the petitioners were only permitted to participate in the Mitchell hearings orally and through ancillary briefings to provide perspective on the legal sufficiency of the City’s proposed plan. Cleveland v. City of Montgomery, 300 F.R.D. 578, 581 (M.D. Ala. May 27, 2014).

Following the petitioners' participation, all parties decided to engage in private mediation to create judicial procedures that would satisfy federal and state-law requirements. 2014 WL 6461900, at *2 (M.D. Ala. Nov 17, 2014). On August 28, 2014, both parties submitted a joint motion to approve the proposed settlement agreement. In the initial agreement, both parties submitted an agreement to pay the plaintiffs’ attorneys fees and provide a list of basic premises and procedures that the Montgomery Municipal Court would abide by with regards to indigent defendants unable to pay any court-ordered monies, including fines, court costs, or restitution. The parties filed an amended joint motion for entry of agreed settlement order on September 12, 2014. The amended motion included a joint brief in support and requested that the court issue three declarations:

(1) Under the current status of the law, the constitutional principles set out in Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), regarding incarceration for non-payment, and Turner v. Rogers, 131 S.Ct. 2507, 180 L.Ed.2d 452 (2011), regarding notice, apply in municipal-court proceedings, and that, to the extent applicable in a particular case, the judges of the Montgomery Municipal Court are legally required to follow them.

(2) that the proposed judicial procedures facially comply with the constitutional principles set out in Bearden, regarding incarceration for non-payment, and Turner, regarding notice. In Bearden, the Supreme Court held that, under the Fourteenth Amendment's Due Process Clause and Equal Protection Clause, a trial court cannot “automatically revok[e] probation because [a] petitioner could not pay his fine, without determining that petitioner had not made sufficient bona fide efforts to pay or that adequate alternative forms of punishment did not exist.” 461 U.S. at 662.

(3) the proposed judicial procedures facially comply with the requirements of the Fourteenth and Sixth Amendments to the United States Constitution, §§ 13, 64, and 225 of the Alabama Constitution, and Rule 26.11 of the Alabama Rules of Criminal Procedure.

2014 WL 6461900, at *3-5 (M.D. Ala. Nov 17, 2014). Judge Myron H. Thompson submitted an opinion granting the parties’ joint motion for entry of agreed settlement order and subsequent final judgment on the docket on November 17, 2014. The case is closed.

Summary Authors

Kimberly Goshey (6/3/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4488846/parties/cleveland-v-city-of-montgomery-leadjoint-assign/


Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Dinielli, David Carter (Alabama)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Holliday, Shannon L. (Alabama)

Paulk, Jason Cole (Alabama)

Segall, Robert D. (Alabama)

Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Dinielli, David Carter (Alabama)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Holliday, Shannon L. (Alabama)

Paulk, Jason Cole (Alabama)

Segall, Robert D. (Alabama)

Documents in the Clearinghouse

Document

2:13-cv-00732

Docket

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Nov. 17, 2014

Nov. 17, 2014

Docket
1

2:13-cv-00732

Complaint

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Oct. 3, 2013

Oct. 3, 2013

Complaint
10

2:13-cv-00732

Amended Complaint

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Nov. 12, 2013

Nov. 12, 2013

Complaint
56

2:13-cv-00732

Amended Joint Motion for Agreed Settlement

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Sept. 12, 2014

Sept. 12, 2014

Pleading / Motion / Brief
59

2:13-cv-00732

Order Granting Amended Joint Motion for Settlement

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Nov. 17, 2014

Nov. 17, 2014

Order/Opinion
58

2:13-cv-00732

Opinion

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Nov. 17, 2014

Nov. 17, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4488846/cleveland-v-city-of-montgomery-leadjoint-assign/

Last updated Aug. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by City of Montgomery, Milton J. Westry from Circuit Court of Montgomery County, AL, case number CV-2013-901494. ( Filing fee $ 400.00 receipt number 4602028588) (Attachments: # 1 state court emergency petition for writ of certiorari or in the alternative writ of mandamus, # 2 amended petition for declaratory relief, writ of certiorari or in the alternative writ of mandamus, # 3 Exhibit A, # 4 Exhibit B, # 5 fee receipt)(djy, ) (Entered: 10/09/2013)

1 state court emergency petition for writ of certiorari or in the alternative wr

View on PACER

2 amended petition for declaratory relief, writ of certiorari or in the alternat

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 fee receipt

View on PACER

Oct. 4, 2013

Oct. 4, 2013

PACER
2

ANSWER to Amended Petition for declaratory relief, writ of certiorari, or in the alternative, writ of mandamus by City of Montgomery, Milton J. Westry.(Paulk, Jason) Modified on 10/18/2013 to clarify text to reflect as shown on main PDF document (qc/djy, ). (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
3

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to City of Montgomery; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
4

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Harriet Delores Cleveland; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
5

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Milton J. Westry; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
6

Corporate/Conflict Disclosure Statement by City of Montgomery re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Paulk, Jason) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
7

Corporate/Conflict Disclosure Statement by Milton J. Westry re 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Paulk, Jason) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
8

MOTION to Consolidate Cases by Harriet Delores Cleveland. (Attachments: # 1 Text of Proposed Order Proposed Order to Motion to Consolidate)(Zampierin, Sara) (Additional attachment(s) added on 10/30/2013 to add corrected certificate of service: # 2 corrected certificate of service) (qc/djy, ). (Entered: 10/28/2013)

1 Text of Proposed Order Proposed Order to Motion to Consolidate

View on PACER

2 corrected certificate of service

View on PACER

Oct. 28, 2013

Oct. 28, 2013

PACER
9

Case reassigned to Honorable Judge Mark E. Fuller and Honorable Judge Terry F. Moorer. Honorable Judge Terry F. Moorer no longer assigned to the case as presiding judge. (djy, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
10

AMENDED COMPLAINT against All Defendants, filed by Harriet Delores Cleveland. (Attachments: # 1 Exhibit Letter from District Attorney, # 2 Exhibit Transcript)(Zampierin, Sara) (Entered: 11/12/2013)

1 Exhibit Letter from District Attorney

View on PACER

2 Exhibit Transcript

View on PACER

Nov. 12, 2013

Nov. 12, 2013

PACER
11

Corporate/Conflict Disclosure Statement by Harriet Delores Cleveland. (Zampierin, Sara) Modified on 11/13/2013 to clarify text to reflect as satisfying 4 notice of deficiency (qc/djy, ). (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
12

Corporate/Conflict Disclosure Statement by Harriet Delores Cleveland. (Zampierin, Sara) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
13

ORDER GRANTING 8 MOTION to Consolidate; the referenced cases are consolidated for further proceedings; Case No. 2:13-cv-732-MEF shall be the lead case, and the clerk is directed to docket this order in the referenced cases; all future pleadings and motions shall be filed only in the lead case.. Signed by Honorable Judge Mark E. Fuller on 11/14/13. (djy, ) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
14

ORDER directing that a status conference is set for Friday, November 22, 2013, at 11:00 A.M. by conference call arranged by counsel for the plaintiff. Signed by Honorable Judge Mark E. Fuller on 11/18/13. (Furnished to Calendar/WR)(scn, ) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
15

ANSWER to 10 Amended Complaint by City of Montgomery, Les Hayes, III, Milton J. Westry.(Paulk, Jason) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
16

ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order Rule 26 Meeting Report due by 12/30/2013. Signed by Honorable Judge Mark E. Fuller on 12/3/13. (djy, ) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER
17

REPORT of Rule 26(f) Planning Meeting. (Zampierin, Sara) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
18

UNIFORM SCHEDULING ORDER setting: Final Pretrial Conference for 10/02/2014 in the Chambers of United States District Judge Mark E. Fuller, United States Courthouse, One Church Street, A-300, Montgomery, Alabama; Non-Jury Trial for 11/03/2014 in Montgomery, Alabama; Amended Pleadings due by 02/03/2014; Discovery due by 06/20/2014; Dispositive Motions due by 06/02/2014; Mediation Notice due by 06/28/2014, as further set out. Signed by Honorable Judge Mark E. Fuller on 12/23/13. (Furnished to Calendar/WR)(scn, ) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
19

Motion for David Carter Dinielli to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602029716.) by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit A-certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Entered: 01/31/2014)

1 Exhibit A-certificate of good standing

View on PACER

2 Text of Proposed Order

View on PACER

3 fee receipt

View on PACER

Jan. 27, 2014

Jan. 27, 2014

PACER
20

ORDER granting 19 Motion for David Carter Dinielli Leave to Appear Pro Hac Vice. Signed by Honorable Judge Mark E. Fuller on 2/5/14. (djy, ) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
21

NOTICE of Appearance by Samuel J Brooke on behalf of Harriet Delores Cleveland, Markis Antwuan Watts (Brooke, Samuel) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
22

ORDER, upon consideration of Plf Cleveland's Emergency Petition For Writ of Certiorari, or in the Alternative, Writ of Mandamus 1 -1 and AmendedPetition for Declaratory Relief, Writ of Certiorari, or in the Alternative, Writ of Mandamus 1 -2, both filed in the Circuit Court of Montgomery County, Alabama, it is hereby ORDERED that the motions are DISMISSED with leave to re-file in this court. Signed by Honorable Judge Mark E. Fuller on 3/19/14. (djy, ) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
23

First MOTION to Compel to Defendant City of Montgomery by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit Plaintiffs' Memorandum in Support of Plaintiffs' First Motion to Compel Defendant City of Montgomery, # 2 Exhibit Brooke Declaration and Exhibits A to H, # 3 Text of Proposed Order Proposed Order)(Brooke, Samuel) (Entered: 04/28/2014)

1 Exhibit Plaintiffs' Memorandum in Support of Plaintiffs' First Motion

View on PACER

2 Exhibit Brooke Declaration and Exhibits A to H

View on PACER

3 Text of Proposed Order Proposed Order

View on PACER

April 28, 2014

April 28, 2014

PACER
24

ORDER TO SHOW CAUSE by defendants' whether plf's 23 Motion to Compel is due to be granted; Show Cause Response due by 5/14/2014. Signed by Honorable Judge Terry F. Moorer on 4/30/14. (djy, ) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
25

NOTICE by Harriet Delores Cleveland, Markis Antwuan Watts re 23 First MOTION to Compel to Defendant City of Montgomery, 24 Order to Show Cause of Dismissal of First Motion to Compel to Defendant City of Montgomery (Zampierin, Sara) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
26

ORDER denying 23 Motion to Compel. Signed by Honorable Judge Terry F. Moorer on 5/13/14. (djy, ) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
27

MOTION To have limited participation in the June 30, 2014 hearing in Mitchell v. City of Montgomery and to suspend our Scheduling Order re 18 Scheduling Order,, by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Limited Participation in June 30, 2014 Hearing in Mitchell v. City of Montgomery, No. 2:14-CV-00186 and Motion to Suspend Scheduling Order)(Zampierin, Sara) (Entered: 05/14/2014)

1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Limited Pa

View on PACER

May 14, 2014

May 14, 2014

PACER
28

NOTICE of Appearance by Shannon Lynn Holliday on behalf of City of Montgomery (Holliday, Shannon) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
29

NOTICE of Appearance by Robert David Segall on behalf of City of Montgomery (Segall, Robert) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
30

ORDER TO SHOW CAUSE, in writing, as to why 27 MOTION To have limited participation in the June 30, 2014 hearing in Mitchell v. City of Montgomery (No. 2:14-cv-186) and to suspend our Scheduling Order re 18 Scheduling Order should not be granted; Show Cause Response due by 5/23/2014. Signed by Honorable Judge Mark E. Fuller on 5/16/14. (djy, ) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
31

RESPONSE to 30 order to show cause filed by City of Montgomery. (Holliday, Shannon) Modified on 5/19/2014 to clarify text to reflect as RESPONSE to 30 order (qc/djy, ). (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
32

NOTICE of Appearance by Robert David Segall on behalf of Les Hayes, III, Milton J. Westry (Segall, Robert) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
33

NOTICE of Appearance by Shannon Lynn Holliday on behalf of Les Hayes, III, Milton J. Westry (Holliday, Shannon) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
34

Joint MOTION to Modify re 18 Scheduling Order,, JOINT MOTION TO MODIFY DISPOSITIVE MOTION DEADLINE by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) (Entered: 05/27/2014)

1 Text of Proposed Order

View on PACER

May 27, 2014

May 27, 2014

PACER
35

ORDER as follows: 1. Plaintiff's 27 Motion is GRANTED IN PART and DENIED IN PART. 2. Plaintiffs may participate at the 6/30/2014 hearing in Mitchell v. City of Montgomery, 2:14-cv-186, orally and through ancillary briefing, for the limited purpose of expressing their views on the legal sufficiency of the current or proposed plan the City is required to submit to the Court pursuant to the Preliminary Injunction Order in Mitchell. 3. The dispositive motions deadline (Section 2), face-to-face settlement conference deadline (Section 3), discovery deadline (Section 7), and the expert disclosure deadlines (Section 8) set forth in the 18 Uniform Scheduling Order are CONTINUED until 7/21/2014. Signed by Honorable Judge Mark E. Fuller on 5/27/2014. (dmn, ) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

RECAP
36

TEXT ORDER denying the 34 Joint Motion to Modify Dispositive Motion Deadline as moot. Signed by Honorable Judge Mark E. Fuller on 5/28/2014. (dmn, ) (NO PDF attached) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
37

ORDER that a Status Conference is set for 6/5/2014 at 02:00 PM by conference call arranged by counsel for the defendant before Honorable Judge Mark E. Fuller. Signed by Honorable Judge Mark E. Fuller on 5/29/2014. Copies furnished to calendar group, WR.(dmn, ) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
38

MOTION for Protective Order (UNOPPOSED) by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Proposed Protective Order)(Brooke, Samuel) (Entered: 06/04/2014)

1 Proposed Protective Order

View on PACER

June 4, 2014

June 4, 2014

PACER
39

MOTION for Leave to File Amend the Pleadings by Les Hayes, III, Milton J. Westry. (Attachments: # 1 Exhibit A, # 2 Exhibit Exhibit 1 to Exhibit A)(Holliday, Shannon) (Entered: 06/04/2014)

1 Exhibit A

View on PACER

2 Exhibit Exhibit 1 to Exhibit A

View on PACER

June 4, 2014

June 4, 2014

PACER
40

ORDER RESETTING the Status Conference set for 6/5/2014 @ 2:00 pm to 6/10/2014 @ 02:00 PM before Honorable Judge Mark E. Fuller, by conference call arranged by counsel for the defendant. Signed by Honorable Judge Mark E. Fuller on 6/5/14. Furnished to calender group & WR.(djy, ) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
41

ORDER TO SHOW CAUSE by the plaintiffs, in writing, as to why 39 Motion for Leave to amend the pleadings filed by Les Hayes, III, Milton J. Westry should not be granted; Show Cause Response due by 6/10/2014. Signed by Honorable Judge Mark E. Fuller on 6/5/14. (djy, ) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
42

ORDER GRANTING 38 MOTION for PROTECTIVE ORDER regarding Confidential information, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 6/5/14. (djy, ) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
43

RESPONSE in Opposition re 39 MOTION for Leave to File Amend the Pleadings filed by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Brooke Declaration in Support and Exhibits A to E)(Brooke, Samuel) (Entered: 06/10/2014)

1 Brooke Declaration in Support and Exhibits A to E

View on PACER

June 10, 2014

June 10, 2014

PACER
44

COPY OF ORDER entered in Civil Action No. 2:14-cv-186-MEF: On 6/10/2014, a telephone status conference was held addressing the Court's 18 Preliminary Injunction Order. Counsel for the parties in the above-styled action, as well as counsel for the parties in Cleveland v. City of Montgomery, Case No. 2:13-cv-732, and Watts v. City of Montgomery, et al., Case No. 2:13-cv-733 (hereinafter Cleveland/Watts), were present. In light of representations and agreements made at this status conference, it is hereby ORDERED as follows: 1. The June 30, 2014 hearing set forth in the Preliminary Injunction Order is CANCELLED. The Court will instead hold a Telephone Status Conference on 6/30/2014 at 09:00 AM by conference call arranged by counsel for Defendant before Honorable Judge Mark E. Fuller. No parties other than the attorneys for the parties in the above-styled action and in Cleveland/Watts are required to be present for the June 30, 2014 telephone conference. 2. All deadlines contained in the Preliminary Injunction Order are suspended indefinitely and the Preliminary Injunction Order is extended for 30 days. 3. The parties in the above-styled action and Cleveland/Watts shall be prepared to discuss the status of Plaintiffs pending claims in their respective cases at the June 30, 2014 telephone conference. 4. The Clerk of Court shall also docket this order in Cleveland v. City of Montgomery, Case No. 2:13-cv-732. Signed by Honorable Judge Mark E. Fuller on 6/11/2014. Order docketed in Civil Acton No. 2:13-cv-732 as directed. Copies furnished to calendar group, WR. (dmn, ) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
45

Joint MOTION to modify for Extension of Deadline (1) Dispositive Motions (2) Face-to-Face Settlement Conf (3) Discovery & (4) Expert Disclosures re 35 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, 18 Scheduling Order,, by Harriet Delores Cleveland, Markis Antwuan Watts. (Brooke, Samuel). Corrected to clarify text as shown in PDF document as a MOTION to Modify 18 scheduling order on 6/23/2014 (qc/djy, ). (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
46

ORDER GRANTING 45 MOTION to Modify 18 Uniform Scheduling order; the dispositive motions deadline, face-to-face settlement conference deadline, discovery deadline, and the expert disclosure deadlines set forth in the 18 Uniform Scheduling order are extended to 8/18/2014. Signed by Honorable Judge Mark E. Fuller on 6/23/14. (djy, ) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
47

COPY OF ORDER entered in Civil Action No. 2:14cv186-MEF directing as follows: (1) a telephone Status Conference is set for 7/21/2014 @ 09:00 AM before Honorable Judge Mark E. Fuller, by conference call arranged by counsel for defendant; (2) directing the clerk to also docket this order in Cleveland v. City of Montgomery, et al., Case No. 2:13cv732, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 6/30/14. Furnished to calendar group & WR.(djy, ) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
48

ORDER entered in 2:14-cv-186: On 7/21/2014, a telephone status conference was held addressing the Court's 18 Preliminary Injunction Order. It is ORDERED as follows: 1. The Preliminary Injunction Order is extended for 30 days. 2. A telephone Status Conference is set for 8/20/2014 at 02:00 PM by conference call arranged by counsel for Defendant before Honorable Judge Mark E. Fuller. 3. The Clerk of Court shall also docket this order in Cleveland v. City of Montgomery, et al, Case No. 2:13-cv-732. Signed by Honorable Judge Mark E. Fuller on 7/21/2014. Copies furnished to calendar group, WR. (dmn, ) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
49

Joint MOTION to Continue by City of Montgomery, Les Hayes, III, Milton J. Westry. (Holliday, Shannon) Modified on 8/13/2014 to clarify text to reflect as also filed on behalf of plaintiffs (qc/djy, ). (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
50

ORDER directing as follows: (1) the parties' 49 Joint MOTION to Continue the current deadlines for dispositive motions, discovery and Daubert motions is GRANTED; (2) the dispositive motions deadline (section 2), face-to-face settlement conference deadline (section 3), discovery deadline (section 7), and the expert disclosure deadlines (section 8) as currently set forth in the 46 Order modifying the uniform scheduling order are extended 60 days to October 20, 2014. Signed by Chief Judge William Keith Watkins on 8/19/14. (djy, ) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
51

Case reassigned to Honorable Judge Myron H. Thompson. Honorable Judge Mark E. Fuller no longer assigned to the case. (djy, ) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
52

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/20/2014 (PDF available for court use only). (Recording Time 2:06 - 2:23.) (ag, ) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
53

ORDER directing as follows: (1) all deadlines, including pretrial and trial dates, provided for by the 18 Uniform Scheduling Order are continued generally; (2) all outstanding motions are denied as moot; (3) the parties shall file appropriate settlement papers by 8/29/2014. Signed by Honorable Judge Myron H. Thompson on 8/21/14. Furnished to calendar group, AG & WR (terminates Pretrial Conference; Non-Jury Trial 11/03/2014)(djy, ) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER
54

Joint MOTION for Settlement Entry of Agreed Settlement Order by City of Montgomery, Les Hayes, III, Milton J. Westry. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Holliday, Shannon) (Entered: 08/26/2014)

1 Exhibit A

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 26, 2014

Aug. 26, 2014

PACER
55

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 9/3/2014 (PDF available for court use only). (Recording Time FTR: 3:29 PM - 3:49 PM.) (war, ) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
56

Joint MOTION for Settlement AMENDED JOINT MOTION FOR ENTRY OF AGREED SETTLEMENT ORDER by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit A, Judicial Procedures, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Brooke, Samuel) (Entered: 09/12/2014)

1 Exhibit A, Judicial Procedures

View on PACER

2 Memorandum in Support

View on PACER

3 Text of Proposed Order

View on PACER

Sept. 12, 2014

Sept. 12, 2014

PACER
57

ORDER denying 54 Motion for entry of agreed settlement order without prejudice. Signed by Honorable Judge Myron H. Thompson on 11/14/14. (djy, ) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
58

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (wcl, ) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

RECAP
59

JUDGMENT; it is ORDERED that the parties' 56 joint motion for entry of agreed settlement order is granted, as further set out in judgment; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; These cases are closed. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 11/17/2014)

1 Civil Appeals Checklist

View on PACER

Nov. 17, 2014

Nov. 17, 2014

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indigent individuals that owed outstanding traffic fines, fees, and costs to the Montgomery Municipal Court forced to serve time in jail for their inability to pay.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Montgomery (Montgomery, Montgomery), City

Honorable Milton J. Westry, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Preliminary relief granted

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Poverty/homelessness

Race:

Race, unspecified

Affected Gender:

Female

Male