Case: Allison v. Allen

1:19-cv-01126 | U.S. District Court for the Middle District of North Carolina

Filed Date: Nov. 12, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class-action lawsuit challenging the detention of indigent individuals awaiting trial who are unable to post bail in exchange for their freedom. On November 12, 2019, three confined individuals in the Alamance County Detention Center, North Carolina, filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs sued the Chief Alamance County District Court Judge, District Court Magistrates, the Senior Resident Superior Court Judge, and the She…

This is a class-action lawsuit challenging the detention of indigent individuals awaiting trial who are unable to post bail in exchange for their freedom. On November 12, 2019, three confined individuals in the Alamance County Detention Center, North Carolina, filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs sued the Chief Alamance County District Court Judge, District Court Magistrates, the Senior Resident Superior Court Judge, and the Sheriff under 42 U.S.C. Section 1983. They alleged violations of their Fourteenth Amendment right to equal protection, their Fourteenth Amendment rights to substantive and procedural due process, and their right to counsel under the Sixth Amendment. Judge N. Carlton Tilley, Jr. was assigned to the case.

The plaintiffs, represented by the American Civil Liberties Union of North Carolina (ACLU) and the Civil Rights Corps, sought a declaratory judgment that would require the defendants to make individualized determinations of conditions of release based on the plaintiffs’ proposed bail-setting procedure. The procedure would require the defendants to:

  • assess each individual’s ability to pay bail and the amount of money he/she can afford;
  • provide a hearing at the first opportunity on the individual’s ability to afford bail;
  • provide the individual with free counsel at the hearing; and
  • determine whether continued detention is warranted based on substantive findings on the record by clear and convincing evidence.
In addition, the plaintiffs sought a temporary restraining order requiring their release if they are not provided this procedure. They also sought a preliminary injunction enjoining the enforcement of pretrial detention in the absence of the defendants’ written notice that the procedure is followed in each arrested individual’s case. Lastly, the plaintiffs requested that the court certify the class as “all people who are arrested and charged with non-domestic violence offenses who are or will be detained in the Alamance County Detention Center because they are unable to pay monetary conditions of pretrial release."

The judge denied the plaintiffs’ request for a temporary restraining order and scheduled a December 2, 2019 hearing on the motion for a preliminary injunction. Before the hearing, the parties moved for an extension and requested that the hearing be rescheduled to allow them more time to reach an agreement. The judge granted the request and reset the hearing on the plaintiffs' motion for a preliminary injunction to March 16, 2020.

On March 2, the parties filed a joint status report and motion to stay indicating that they no longer need a preliminary injunction hearing. They indicated they were working towards finalization of an interim agreement and a consent preliminary injunction. The parties requested that filing deadlines be delayed to April 30, 2020. The judge granted the joint motion to stay.

The parties reached an agreement and requested court approval of a consent order for preliminary injunction on May 1, 2020. Shortly after, Judge Tilley, Jr. approved the consent order for a preliminary injunction. Under the consent order, the judicial defendants agreed to put into place administrative orders and provide training to ensure that individuals in custody have their hearing within 48 hours of arrest or the next available court session and receive notice of federal constitutional rights at issue and about the significance of financial information to be collected prior to the individualized bail hearing. In addition, the order required judicial officers to conduct an inquiry into an individual’s ability to pay the full amount of bail and set forth a number of rebuttable presumptions establishing that an individual was unable to afford bail. The defendants agreed to reporting on compliance and to implement the order by July 1, 2020. The court retained jurisdiction to ensure compliance with the order.

According to the consent order for a preliminary injunction, the parties also continued to make efforts to reach a final resolution in the case. Since May 8, 2020, there have been no additional entries in the docket. The court retains jurisdiction over the preliminary injunction, but the case is stayed. As of April 8, 2021, this case is ongoing.

Summary Authors

Kat Zhao (3/12/2020)

Emily Kempa (4/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16453829/parties/allison-v-allen/


Judge(s)

Auld, Patrick (North Carolina)

Tilley, Norwood Carlton Jr. (North Carolina)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Carter, Twyla (New York)

Como, Irena (North Carolina)

Halperin, Eric I. (District of Columbia)

Hubbard, Katherine (District of Columbia)

Kang, Leah J. (North Carolina)

Webb, Ann Capps (North Carolina)

Attorneys(s) for Defendant

Albright, Clyde Ballinger (North Carolina)

Judge(s)

Auld, Patrick (North Carolina)

Tilley, Norwood Carlton Jr. (North Carolina)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Carter, Twyla (New York)

Como, Irena (North Carolina)

Halperin, Eric I. (District of Columbia)

Hubbard, Katherine (District of Columbia)

Kang, Leah J. (North Carolina)

Webb, Ann Capps (North Carolina)

Attorneys(s) for Defendant

Albright, Clyde Ballinger (North Carolina)

Finarelli, Joseph (North Carolina)

Hill, William L (North Carolina)

Documents in the Clearinghouse

Document

Docket

May 8, 2020 Docket
6

Motion for Class-Wide Preliminary Injunction and Request for Hearing

Nov. 12, 2019 Pleading / Motion / Brief
1

Class Action Complaint

Nov. 12, 2019 Complaint
5

Plaintiffs' Motion for Temporary Restraining Order

Nov. 12, 2019 Pleading / Motion / Brief
56

Consent Order for Preliminary Injunction

May 8, 2020 Order/Opinion

Resources

Title Description External URL

Alamance County, NC: Bail

Civil Rights Corps

In November 2019, Civil Rights Corps sued the sheriff and court officials in Alamance County. In partnership with the ACLU of North Carolina and the ACLU Criminal Law Reform project, we are challengi… Nov. 12, 2019 http://www.civilrightscorps.org/work/case/alamance-county-nc-bail

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16453829/allison-v-allen/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2693568.), filed by ANTONIO HARRELL, LEA ALLISON, KATHERINE GUILL. (Attachments: # 1 Exhibit 1995 Official Policies on Pretrial Release)(COMO, IRENA) (Entered: 11/12/2019)

1 Exhibit 1995 Official Policies on Pretrial Release

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Nov. 12, 2019 RECAP
2

MOTION to Certify Class by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. Response to Motion due by 12/3/2019 (Attachments: # 1 Text of Proposed Order)(COMO, IRENA) (Entered: 11/12/2019)

1 Text of Proposed Order

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Nov. 12, 2019 PACER
3

BRIEF re 2 MOTION to Certify Class . (Attachments: # 1 Exhibit Decl. Allison, # 2 Exhibit Decl. Harrell, # 3 Exhibit Decl. Guill, # 4 Exhibit Decl. Hubbard, # 5 Exhibit Decl. Como, # 6 Exhibit Decl. Buskey)(COMO, IRENA) (Entered: 11/12/2019)

1 Exhibit Decl. Allison

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2 Exhibit Decl. Harrell

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3 Exhibit Decl. Guill

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4 Exhibit Decl. Hubbard

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5 Exhibit Decl. Como

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6 Exhibit Decl. Buskey

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Nov. 12, 2019 PACER
4

NOTICE of Appearance by attorney LEAH J. KANG on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL (KANG, LEAH) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
5

MOTION for Temporary Restraining Order by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 11/12/2019)

1 Text of Proposed Order

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Nov. 12, 2019 PACER
6

MOTION for Preliminary Injunction by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. Response to Motion due by 12/3/2019 (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 11/12/2019)

1 Text of Proposed Order

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Nov. 12, 2019 PACER
7

MOTION for Leave to File Excess Pages by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. Responses due by 12/3/2019 (Attachments: # 1 Exhibit Proposed Brief iso 5 Motion for TRO and 6 Motion for Preliminary Injunction)(KANG, LEAH) (Entered: 11/12/2019)

1 Exhibit Proposed Brief iso [5] Motion for TRO and [6] Motion for Preliminary Inj

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Nov. 12, 2019 PACER
8

NOTICE of Appearance by attorney ANN CAPPS WEBB on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL (WEBB, ANN) (Entered: 11/12/2019)

Nov. 12, 2019 PACER

Motions Submitted

Nov. 13, 2019 PACER

Case Assigned

Nov. 13, 2019 PACER

Telephonic Notice

Nov. 13, 2019 PACER

Case assigned to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle)

Nov. 13, 2019 PACER

Motions Submitted: 7 MOTION for Leave to File Excess Pages to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

Nov. 13, 2019 PACER

Telephone/Electronic Notification from Clerk of Court on 11/13/2019 to Counsel. Motion Hearing set for 11/14/2019 10:00 AM in Greensboro Courtroom #2 before JUDGE N. C. TILLEY JR. (Winchester, Robin)

Nov. 13, 2019 PACER
9

Summons Issued as to All Defendants. (Attachments: # 1 Wortinger, # 2 Thorpe, # 3 Rodgers, # 4 Knauff, # 5 Nance, # 6 Hunter, # 7 Lambert, # 8 Johnson, # 9 Councilman, # 10 Crabbe, # 11 Crisp, # 12 heathcoate, # 13 Brown)(Coyne, Michelle) (Entered: 11/13/2019)

1 Wortinger

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2 Thorpe

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3 Rodgers

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4 Knauff

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5 Nance

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6 Hunter

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7 Lambert

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8 Johnson

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9 Councilman

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10 Crabbe

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11 Crisp

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12 heathcoate

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13 Brown

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Nov. 13, 2019 PACER
10

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 11/13/2019)

1 Consent Form

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Nov. 13, 2019 PACER
11

Summons Issued as to JOHN WATTERSON. (Coyne, Michelle) (Entered: 11/13/2019)

Nov. 13, 2019 PACER
12

NOTICE of Appearance by attorney KATHERINE HUBBARD on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Garland, Leah) (Entered: 11/14/2019)

Nov. 14, 2019 PACER

Add and Terminate Attorneys

Nov. 14, 2019 PACER

Set/Reset Deadlines/Hearings

Nov. 14, 2019 PACER

Motion Hearing

Nov. 14, 2019 PACER
13

NOTICE of Appearance by attorney ERIC HALPERIN on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Garland, Leah) (Entered: 11/14/2019)

Nov. 14, 2019 PACER
14

NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant TERRY S. JOHNSON (HILL, WILLIAM) (Entered: 11/14/2019)

Nov. 14, 2019 PACER
15

Corrected document re 14 Notice of Appearance. (HILL, WILLIAM) (Entered: 11/14/2019)

Nov. 14, 2019 PACER

***Attorney JOSEPH FINARELLI for BRADLEY R. ALLEN, SR,for BRENDA BROWN, KELLY COUNCILMAN, DAVID CRABBE, RHONDA CRISP,BERTRAM HEATHCOTE, WENDY HUNTER, AMELIA KNAUFF, D. THOMAS LAMBETH, JR,BOBBIE NANCE, HELENA RODGERS,KIMESHA THORPE, JOHN WATTERSON, AND SUSAN WORTINGER added. (Winchester, Robin)

Nov. 14, 2019 PACER

***Attorney CLYDE BALLINGER ALBRIGHT for TERRY S. JOHNSON added. (Winchester, Robin)

Nov. 14, 2019 PACER

Minute Entry for proceedings held before JUDGE N. C. TILLEY, JR. Motion Hearing held on 11/14/2019 regarding 5 MOTION for Temporary Restraining Order and 7 MOTION for Leave to File Excess Pages filed by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. For reasons stated on the record the Court finds that 5 Motion for Temporary Restraining Order is denied at this time. The Court grants 7 Motion for leave to File Excess Pages. The parties are to meet and confer by November 22, 2019. Preliminary Injunction hearing set for 12/2/2019 at 9:30 a.m. before Judge Tilley, Greensboro, N.C., Courtroom No. 2. Attorneys Katherine Hubbard, Leah Kang, Eric Halperin and Ann Webb appeared as counsel for plaintiffs. Attorney Joseph Finarelli appeared as counsel for defendants Bradley R. Allen, Sr., Brenda Brown, Kelly Councilman, David Crabbe, Rhonda Crisp, Bertram Heathcote, Wendy Hunter, Amelia Knauff, Bobbie Nance, Helena Rodgers, Kimesha Thorpe, John Watterson, Susan Wortinger and D. Thomas Lambeth, Jr. Attoneys William L. Hill and Clyde Albright appeared as counsel for defendant Terry S. Johnson (Court Reporter Jane Calhoun.) (Winchester, Robin) Modified on 12/3/2019 (Winchester, Robin).

Nov. 14, 2019 PACER

Set Motion Hearing: Motion Hearing regarding 6 Motion for Preliminary Injunction set for 12/2/2019 09:30 AM in Greensboro Courtroom #2 before JUDGE N. C. TILLEY JR. (Winchester, Robin)

Nov. 14, 2019 PACER
16

TRANSCRIPT REQUEST by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL for proceedings held on 11/14/2019 before Judge N. C. Tilley, Jr... (COMO, IRENA) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
17

BRIEF re 6 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex. A Decl. Allison, # 2 Exhibit Ex. B Decl. Harrell, # 3 Exhibit Ex. C Decl. Guill)(KANG, LEAH) (Entered: 11/15/2019)

1 Exhibit Ex. A Decl. Allison

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2 Exhibit Ex. B Decl. Harrell

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3 Exhibit Ex. C Decl. Guill

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Nov. 15, 2019 PACER
18

NOTICE of Appearance by attorney TWYLA JEANETTE CARTER on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL (CARTER, TWYLA) (Entered: 11/18/2019)

Nov. 18, 2019 PACER
19

Transcript of Proceedings held on November 14, 2019, before Judge Tilley. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (Calhoun, J.) (Entered: 11/19/2019)

Nov. 19, 2019 PACER
20

Joint MOTION for Extension of Time to Reschedule the Preliminary Injunction Hearing by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 11/26/2019)

1 Text of Proposed Order

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Nov. 26, 2019 PACER

Motions Submitted

Nov. 26, 2019 PACER

Set/Reset Deadlines/Hearings

Nov. 26, 2019 PACER

Order on Motion for Extension of Time-Other

Nov. 26, 2019 PACER

Motions Submitted: 20 Joint MOTION for Extension of Time to Reschedule the Preliminary Injunction Hearing to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

Nov. 26, 2019 PACER
21

NOTICE of Appearance by attorney BRANDON JEREL BUSKEY on behalf of Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL (BUSKEY, BRANDON) (Entered: 11/26/2019)

Nov. 26, 2019 PACER

TEXT ORDER issued by JUDGE N. C. TILLEY, JR. on 11/26/2019 granting 20 Joint Status Report and Motion for Extension of Time, with agreement of counsel the Preliminary Injunction Hearing is continued to March 16, 2020. The parties shall file a joint status report no later than 14 days prior to the preliminary injunction hearing date, apprising the Court of the status of their progress and whether there is a continued need for a preliminary injunction hearing. (Winchester, Robin)

Nov. 26, 2019 PACER

Reset Hearing: Motion Hearing set for 3/16/2020 09:30 AM in Greensboro Courtroom #2 before JUDGE N. C. TILLEY JR. (Winchester, Robin)

Nov. 26, 2019 PACER
22

First MOTION for Extension of Time to File Answer to Plaintiff's Complaint and Motion for Preliminary Injunction by TERRY S. JOHNSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint and Motion for Preliminary Injunction)(HILL, WILLIAM) (Entered: 12/05/2019)

1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to A

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Dec. 5, 2019 PACER
23

Corrected Motion re 22 First MOTION for Extension of Time to File Answer to Plaintiff's Complaint and Motion for Preliminary Injunction. (HILL, WILLIAM) (Entered: 12/05/2019)

Dec. 5, 2019 PACER

Motions Referred

Dec. 6, 2019 PACER

Motions Referred regarding 23 MOTION for Extension of Time to MAG/JUDGE L. PATRICK AULD (Winchester, Robin)

Dec. 6, 2019 PACER
24

First MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class by TERRY S. JOHNSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Defendan't Motion for Extension of Time to Respond to Plaintiffs' Motion to Certify Class)(HILL, WILLIAM) (Entered: 12/09/2019)

1 Text of Proposed Order Proposed Order Granting Defendan't Motion for Extens

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Dec. 9, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 10, 2019 PACER

Order on Motion for Extension of Time re Transcript

Dec. 10, 2019 PACER

TEXT ORDER granting 23 Motion for Extension of Time. Defendant Terry S. Johnson shall file any answer or other response to 1 Complaint and any response to 6 Motion for Preliminary Injunction by 01/06/2020. Issued by MAG/JUDGE L. PATRICK AULD on 12/10/2019. (AULD, L.)

Dec. 10, 2019 PACER

TEXT ORDER granting 24 Motion for Extension of Time. Defendant Terry S. Johnson shall file any response to 2 Motion to Certify Class by 01/06/2020. Issued by MAG/JUDGE L. PATRICK AULD on 12/10/2019. (AULD, L.)

Dec. 10, 2019 PACER
25

Second MOTION for Extension of Time to File Answer re 2 MOTION to Certify Class, 6 MOTION for Preliminary Injunction, 1 Complaint by TERRY S. JOHNSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Defendant's Second Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint, Motion for Preliminary Injunction, and Motion to Certify Class)(HILL, WILLIAM) (Entered: 01/06/2020)

1 Text of Proposed Order Proposed Order Granting Defendant's Second Motion fo

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Jan. 6, 2020 PACER

Motions Referred

Jan. 15, 2020 PACER

Motions Referred: RE: 25 Second MOTION for Extension of Time to File Answer re 2 MOTION to Certify Class, 6 MOTION for Preliminary Injunction, 1 Complaint, to MAG/JUDGE L. PATRICK AULD. (Winchester, Robin)

Jan. 15, 2020 PACER

Order on Motion for Extension of Time to Answer

Jan. 16, 2020 PACER

Set/Reset Motion and R and R Deadlines/Hearings

Jan. 16, 2020 PACER

TEXT ORDER granting 25 Second Motion for Extension of Time. Defendant Terry S. Johnson shall file any answer or other response to 1 Complaint and shall file any response to 2 Motion to Certify Class and 6 Motion for Preliminary Injunction by 02/05/2020. Issued by MAG/JUDGE L. PATRICK AULD on 01/16/2020. (AULD, L.)

Jan. 16, 2020 PACER

Reset Motion and R and R Deadlines/Hearings re: 2 MOTION to Certify Class, 6 MOTION for Preliminary Injunction: Responses due by 2/5/2020. (Garland, Leah)

Jan. 16, 2020 PACER
26

ANSWER to 1 Complaint by TERRY S. JOHNSON. (HILL, WILLIAM) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
27

RESPONSE filed by Defendant TERRY S. JOHNSON re 6 MOTION for Preliminary Injunction filed by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL filed by TERRY S. JOHNSON. Replies due by 2/19/2020 (HILL, WILLIAM) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
28

RESPONSE filed by Defendant TERRY S. JOHNSON re 2 MOTION to Certify Class filed by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL filed by TERRY S. JOHNSON. Replies due by 2/19/2020 (HILL, WILLIAM) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
29

Corrected document re 28 Response to Motion. (HILL, WILLIAM) (Entered: 02/06/2020)

Feb. 6, 2020 PACER
30

Corrected document re 27 Response to Motion. (HILL, WILLIAM) (Entered: 02/06/2020)

Feb. 6, 2020 PACER
31

Joint MOTION to Substitute Party by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 02/12/2020)

1 Text of Proposed Order

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Feb. 12, 2020 PACER

Motions Submitted

Feb. 13, 2020 PACER

Motions Submitted: 31 Joint MOTION to Substitute Party to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

Feb. 13, 2020 PACER
32

NOTICE of Appearance by attorney JOSEPH FINARELLI on behalf of Defendants BRADLEY R. ALLEN, SR, BRENDA BROWN, KELLY COUNCILMAN, DAVID CRABBE, RHONDA CRISP, BERTRAM HEATHCOTE, WENDY HUNTER, AMELIA KNAUFF, D. THOMAS LAMBETH, JR, BOBBIE NANCE, HELENA RODGERS, KIMESHA THORPE, JOHN WATTERSON, SUSAN WORTINGER (FINARELLI, JOSEPH) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
33

WAIVER OF SERVICE Returned Executed by BRADLEY R. ALLEN, SR. BRADLEY R. ALLEN, SR waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 33 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
34

WAIVER OF SERVICE Returned Executed by KELLY COUNCILMAN. KELLY COUNCILMAN waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 34 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
35

WAIVER OF SERVICE Returned Executed by DAVID CRABBE. DAVID CRABBE waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 35 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
36

WAIVER OF SERVICE Returned Executed by RHONDA CRISP. RHONDA CRISP waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 36 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
37

WAIVER OF SERVICE Returned Executed by BERTRAM HEATHCOTE. BERTRAM HEATHCOTE waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 37 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
38

WAIVER OF SERVICE Returned Executed by BRENDA BROWN. BRENDA BROWN waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 38 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
39

WAIVER OF SERVICE Returned Executed by WENDY HUNTER. WENDY HUNTER waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 39 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
40

WAIVER OF SERVICE Returned Executed by AMELIA KNAUFF. AMELIA KNAUFF waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 40 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
41

WAIVER OF SERVICE Returned Executed by D. THOMAS LAMBETH, JR. D. THOMAS LAMBETH, JR waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 41 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
42

WAIVER OF SERVICE Returned Executed by BOBBIE NANCE. BOBBIE NANCE waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 42 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
43

WAIVER OF SERVICE Returned Executed by HELENA RODGERS. HELENA RODGERS waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 43 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
44

WAIVER OF SERVICE Returned Executed by KIMESHA THORPE. KIMESHA THORPE waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 44 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
45

WAIVER OF SERVICE Returned Executed by JOHN WATTERSON. JOHN WATTERSON waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 45 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
46

WAIVER OF SERVICE Returned Executed by SUSAN WORTINGER. SUSAN WORTINGER waiver sent on 2/12/2020, answer due 4/13/2020. (FINARELLI, JOSEPH) (Main Document 46 replaced on 2/13/2020 with correct PDF image) (Garland, Leah) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
47

ORDER signed by JUDGE N. C. TILLEY, JR on 02/14/2020, that Magistrate Jeffrey D. Hollan be substituted as a party to the case. The Clerk's Office is directed to make the substitution in the case docket in the Courts Electronic Court Filing System. (Garland, Leah) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
48

Consent MOTION for Extension of Time to File Response/Reply by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 02/19/2020)

1 Text of Proposed Order

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Feb. 19, 2020 PACER

Motions Referred

Feb. 20, 2020 PACER

Motions Referred: RE: 48 Consent MOTION for Extension of Time to File Response/Reply, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin)

Feb. 20, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 21, 2020 PACER

TEXT ORDER granting in part and denying in part 48 Consent Motion for Extension of Time, in that Plaintiffs shall file any replies to 27 Response of Defendant Sheriff Terry S. Johnson ("Defendant Sheriff") to 6 Motion for Class-wide Preliminary Injunction and to 28 Response of Defendant Sheriff to 2 Plaintiffs' Motion to Certify Class by 03/02/2020. Via 48 Consent Motion, Plaintiffs seek indefinite extensions of their deadlines to file replies to 27 Response and 28 Response. In support of that request, 48 Consent Motion observes that "Defendants Chief District Judge Allen, Senior Resident Superior Court Judge Lambeth, and the Magistrates ('Judicial Defendants') executed waivers of service of process on February 12, 2020...." As a result, the Judicial Defendants need not appear to answer or otherwise respond to 1 Complaint until 04/13/2020. Consistent with that fact, the Judicial Defendants have not responded to 2 Plaintiffs' Motion or 6 Motion and no reason exists to believe that the Judicial Defendants would so respond prior to 04/13/2020. Accordingly, 48 Consent Motion's "request that the Court's [sic] stay their deadline to file Replies to Defendant Sheriff's Responses until their Replies to the Judicial Defendants' Responses are due" effectively would delay Plaintiffs' filing of any reply to 27 Response and 28 Response until some time after 04/13/2020. The Court, however, via Text Order dated 11/26/2020 ("with agreement of counsel" for Plaintiffs and Defendant Sheriff) set 6 Motion for hearing on 03/16/2020 and directed Plaintiffs and Defendant Sheriff to "file a joint status report no later than [03/02/2020], apprising the Court of the status of their progress [in resolving 6 Motion] and whether there is a continued need for a preliminary injunction hearing." Granting 48 Consent Motion thus would extend briefing on 6 Motion, as it relates to Defendant Sheriff, well beyond the current hearing date for resolution of 6 Motion, as it relates to Defendant Sheriff. Under these circumstances, the Court concludes that Plaintiffs must file any reply to 27 Response and the inter-related 28 Response by 03/02/2020. A review of the substance of 27 Response and 28 Response confirms the propriety of that conclusion. In that regard, 27 Response does not present substantive arguments as to 6 Motion, but instead simply states that "the parties are diligently working on the issues at hand in attempts to limit the scope of the hearing [on 6 Motion] or perhaps the entirety of the hearing," as well as that Defendant Sheriff "does not believe any further response is required to 6 Motion." Similarly, in 28 Response, Defendant Sheriff does not address the merits of the class certification issue raised in 2 Plaintiffs' Motion, except to assert that "his presence as a Defendant in this action is unnecessary and a class action against him in [sic] improper." Given the nature of Defendant Sheriff's contentions in 27 Response and 28 Response, delaying Plaintiffs' reply thereto until some future date when the Judicial Defendants have responded to 2 Plaintiffs' Motion and 6 Motion would not (contrary to the contention in 48 Consent Motion) serve "the interest of efficiency and judicial economy," but instead would undermine the Court's interest in determining, on the established schedule, (1) whether or not disputes actually exist between Plaintiffs and Defendant Sheriff about the need for a class-wide preliminary injunction against Defendant Sheriff and/or the propriety of certification of a class action against Defendant Sheriff, and (2) if such disputes exist, how the Court should resolve them. Issued by MAG/JUDGE L. PATRICK AULD on 02/21/2020. (AULD, L.)

Feb. 21, 2020 PACER

Set/Reset Motion and R and R Deadlines/Hearings

Feb. 24, 2020 PACER

Set Reply Deadlines re: 2 MOTION to Certify Class, 6 MOTION for Preliminary Injunction: Replies due by 3/2/2020. (See 2/21/2020 Text Order) (Garland, Leah)

Feb. 24, 2020 PACER
49

REPLY, filed by Plaintiffs LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL, to Response to 2 MOTION to Certify Class filed by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (HUBBARD, KATHERINE) (Entered: 03/02/2020)

March 2, 2020 PACER
50

JOINT STATUS REPORT AND MOTION TO STAY filed by all parties.. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 03/02/2020)

1 Text of Proposed Order

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March 2, 2020 PACER

Motions Submitted

March 3, 2020 PACER

Motions Submitted: 50 Joint Status Report and MOTION to Stay to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

March 3, 2020 PACER
51

ORDER signed by JUDGE N. C. TILLEY, JR on 03/03/2020, the Court hereby GRANTS the Motion to Stay [Doc. # 50 ], and ORDERS that Judicial Defendants' deadlines to file their responsive pleadings and their responses to Plaintiffs' Motion for Preliminary Injunction and Motion for Class Certification are stayed until April 30, 2020. (Garland, Leah) (Entered: 03/03/2020)

March 3, 2020 PACER
52

RESPONSE filed by Defendants BRADLEY R. ALLEN, SR, KELLY COUNCILMAN, DAVID CRABBE, RHONDA CRISP, BERTRAM HEATHCOTE, JEFFREY D. HOLLAN, WENDY HUNTER, AMELIA KNAUFF, D. THOMAS LAMBETH, JR, BOBBIE NANCE, HELENA RODGERS, KIMESHA THORPE, JOHN WATTERSON, SUSAN WORTINGER re 2 MOTION to Certify Class filed by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL filed by BRADLEY R. ALLEN, SR, KELLY COUNCILMAN, DAVID CRABBE, RHONDA CRISP, BERTRAM HEATHCOTE, JEFFREY D. HOLLAN, WENDY HUNTER, AMELIA KNAUFF, D. THOMAS LAMBETH, JR, BOBBIE NANCE, HELENA RODGERS, KIMESHA THORPE, JOHN WATTERSON, SUSAN WORTINGER. Replies due by 5/14/2020 (FINARELLI, JOSEPH) (Entered: 04/30/2020)

April 30, 2020 PACER
53

ANSWER to 1 Complaint with Jury Demand by BRADLEY R. ALLEN, SR, KELLY COUNCILMAN, DAVID CRABBE, RHONDA CRISP, BERTRAM HEATHCOTE, JEFFREY D. HOLLAN, WENDY HUNTER, AMELIA KNAUFF, D. THOMAS LAMBETH, JR, BOBBIE NANCE, HELENA RODGERS, KIMESHA THORPE, JOHN WATTERSON, SUSAN WORTINGER. (FINARELLI, JOSEPH) (Entered: 04/30/2020)

April 30, 2020 PACER
54

Joint MOTION for Extension of Time of 51 Order Granting Stay by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Text of Proposed Order)(KANG, LEAH) (Entered: 04/30/2020)

1 Text of Proposed Order

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April 30, 2020 PACER

Motions Submitted

May 1, 2020 PACER

Order on Motion for Extension of Time-Other

May 1, 2020 PACER

Motions Submitted: 54 Joint MOTION for Extension of Time of 51 Order Granting Stay to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

May 1, 2020 PACER

TEXT ORDER granting 54 Motion for Extension of Time. The deadline to file a response to the Motion for Preliminary Injunction is extended to 5/1/2020. Issued by JUDGE N. C. TILLEY, JR. on 5/1/2020.(Blumke, Sheila)

May 1, 2020 PACER
55

Joint MOTION to Approve Consent Order for Preliminary Injunction by LEA ALLISON, KATHERINE GUILL, ANTONIO HARRELL. (Attachments: # 1 Exhibit Proposed Consent Order for Preliminary Injunction)(KANG, LEAH) (Entered: 05/01/2020)

1 Exhibit Proposed Consent Order for Preliminary Injunction

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May 1, 2020 PACER

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Nov. 12, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Indigent individuals detained and awaiting trial because they are unable to pay monetary conditions of release

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Alamance County District Court Judges (Alamance), County

Sheriff (Alamance), County

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Fetus Identity

General:

Fines/Fees/Bail/Bond

Poverty/homelessness