Case: White v. Hesse

5:19-cv-01145 | U.S. District Court for the Western District of Oklahoma

Filed Date: Dec. 10, 2019

Case Ongoing

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Case Summary

On December 10, 2019, a group of arrestees detained by Canadian County who have a financial condition of release that they cannot afford and was set without the presence of counsel and the NAACP of Oklahoma, on behalf of its members, filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The plaintiffs sued the Canadian County District Court 26th Judicial District and the Special District Judges who oversee and implement the Bail Setting Policy under 42 U.S.C. § 198…

The plaintiffs, represented by the ACLU Disability Rights Program, the ACLU of Oklahoma, and private counsel sought declaratory and injunctive relief. Specifically, they claimed that the Bail Setting Policy—which imposed bail without making any inquiry into an arrestee’s ability to pay and solely based decisions on amounts set forth in a published bail schedule—constituted wealth-based discrimination in violation of the Equal Protection and Due Process Clauses, a failure to provide counsel at a critical stage in violation of the Sixth Amendment, and violated both procedural and substantive due process. Additionally, the plaintiffs claimed that the policy violated the First Amendment by failing to provide the public with access to bail determinations. The plaintiffs with disabilities also alleged that by administering a bail policy that does not take into consideration an individual’s disability and does not provide the modifications or effective communication services the defendants discriminated on the basis of disability in violation of Title II of the ADA and Section 504 of the Rehabilitation Act. The same day, plaintiffs requested to certify a class and a subclass for arrestees with a disability who were subject to the same bail policy.

The case was originally assigned to Judge David L. Russell, but was reassigned to the newly commissioned Judge Jodi W. Dishman on December 24, 2019.

On January 22, 2020, defendant Canadian County District Court moved to dismiss all claims arguing that it is not an entity capable of being sued because it is not a political subdivision and is not a “person” for purposes of § 1983, and even if it were, the plaintiffs failed to allege enough facts to state a claim under the ADA or Rehabilitation Act. The same day, the District Judge and Special Judge defendants also moved to dismiss the plaintiffs' complaint because it failed to state a claim and because the judges are entitled to absolute judicial and legislative immunity. Additionally, they argued that Younger abstention counsels against the court hearing the case because of the potential interference with state court proceedings.

The plaintiffs filed their responses to the defendants' motions to dismiss on February 12, and defendants filed their replies on February 19. The case is ongoing.

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Summary Authors

Claire Shimberg (5/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16570198/parties/white-v-hesse/

Judge(s)

Attorney for Plaintiff

Box, Tyler C. (Oklahoma)

Brennan-Krohn, Zoe (California)

Buskey, Brandon (New York)

Carter, Twyla (New York)

Cohen, Laura B. (District of Columbia)

Attorney for Defendant

Judge(s)

Dishman, Jodi Warmbrod (Oklahoma)

Russell, David Lynn (Oklahoma)

Attorney for Plaintiff

Box, Tyler C. (Oklahoma)

Brennan-Krohn, Zoe (California)

Buskey, Brandon (New York)

Carter, Twyla (New York)

Cohen, Laura B. (District of Columbia)

Cook, Marta P. (District of Columbia)

Curtis, Clayburn T. (Oklahoma)

Johnson, J. Blake (Oklahoma)

Kiesel, Ryan (Oklahoma)

Lambert, Megan E. (Oklahoma)

Lewis, Aaron M. (California)

Redman, Michael C. (Oklahoma)

Roberts, Johanna F (Oklahoma)

Trigg, Amia L. (District of Columbia)

Trigilio, Trisha (Oklahoma)

Watts, Weston O. (Oklahoma)

Williams, Justin R. (Oklahoma)

Attorney for Defendant

Lawson, Stefanie E. (Oklahoma)

Moore, Erin (Oklahoma)

Pederson, Devan (Oklahoma)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:19-cv-01145	Docket [PACER]	March 4, 2020	March 4, 2020 Docket
1 (& 1-1 to 1-3) 5:19-cv-01145	Complaint	Dec. 10, 2019	Dec. 10, 2019 Complaint

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Resources

Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16570198/white-v-hesse/

Last updated Sept. 7, 2025, 1:03 p.m.

ECF Number	Description	Date	Link Date / Link
	PAYMENT FOR A CIVIL CASE CIV−19−1145−R Filing fee $ 400, receipt number 1087−3053414. (Lambert, Megan) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
5	MOTION to Certify Class by All Plaintiffs. (Lambert, Megan) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
1	COMPLAINT against Canadian County District Court 26th Judicial District, Charles Gass, Barbara Hatfield, Paul Hesse, Jack McCurdy, Khristan Strubhar filed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). (Attachments: # 1 Exhibit 1 - The Heavy Costs of High Bail, # 2 Exhibit 2 - Unsecured Bonds, The As Effective and Most Efficient Pretrial Release Option, # 3 Exhibit 3 - The Hidden Costs of Pretrial Detention, # 4 Civil Cover Sheet) (nv). Modified on 12/11/2019 to add exhibits upon counsel's request (nv). (Entered: 12/10/2019) 1 Exhibit 1 - The Heavy Costs of High Bail View on PACER 2 Exhibit 2 - Unsecured Bonds, The As Effective and Most Efficient Pretrial Releas View on PACER 3 Exhibit 3 - The Hidden Costs of Pretrial Detention View on PACER 4 Civil Cover Sheet View on PACER	Dec. 10, 2019	Dec. 10, 2019 Clearinghouse
10	MOTION for Leave to Appear Pro Hac Vice Zoe Brennan-Krohn Filing fee $ 50, receipt number 1087-3053480 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
11	MOTION for Leave to Appear Pro Hac Vice Claudia Center Filing fee $ 50, receipt number 1087-3053481 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
12	MOTION for Leave to Appear Pro Hac Vice Laura Beth Cohen Filing fee $ 50, receipt number 1087-3053482 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
13	MOTION for Leave to Appear Pro Hac Vice Aaron M. Lewis Filing fee $ 50, receipt number 1087-3053483 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
14	MOTION for Leave to Appear Pro Hac Vice Amia L. Trigg Filing fee $ 50, receipt number 1087-3053484 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
15	MOTION for Leave to Appear Pro Hac Vice Twyla Carter Filing fee $ 50, receipt number 1087-3053485 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
16	MOTION for Leave to Appear Pro Hac Vice Brandon J.Buskey Filing fee $ 50, receipt number 1087-3053486 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment Application)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment Application View on PACER	Dec. 10, 2019	Dec. 10, 2019
2	Summons Issued Electronically as to Canadian County District Court 26th Judicial District, Charles Gass, Barbara Hatfield, Paul Hesse, Jack McCurdy, Khristan Strubhar. (nv) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
3	ENTRY of Appearance by Megan E Lambert on behalf of All Plaintiffs (Lambert, Megan) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
4	ENTRY of Appearance by Michael C Redman on behalf of All Plaintiffs (Redman, Michael) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
6	STRICKEN BRIEF IN SUPPORT re 5 MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit D, # 6 Exhibit D-1, # 7 Exhibit E, # 8 Exhibit E-1, # 9 Exhibit F, # 10 Exhibit F-1, # 11 Exhibit G, # 12 Exhibit G-1, # 13 Exhibit H, # 14 Exhibit H-1, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N)(Lambert, Megan) (Entered: 12/10/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit C-1 View on PACER 5 Exhibit D View on PACER 6 Exhibit D-1 View on PACER 7 Exhibit E View on PACER 8 Exhibit E-1 View on PACER 9 Exhibit F View on PACER 10 Exhibit F-1 View on PACER 11 Exhibit G View on PACER 12 Exhibit G-1 View on PACER 13 Exhibit H View on PACER 14 Exhibit H-1 View on PACER 15 Exhibit I View on PACER 16 Exhibit J View on PACER 17 Exhibit K View on PACER 18 Exhibit L View on PACER 19 Exhibit M View on PACER 20 Exhibit N View on PACER	Dec. 10, 2019	Dec. 10, 2019
7	CERTIFICATE OF SERVICE by Plaintiffs Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus, Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White re 4 Entry of Appearance of Michael C Redman (Redman, Michael) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
8	CERTIFICATE OF SERVICE by Plaintiffs Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus, Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White re 3 Entry of Appearance Megan Lambert (Lambert, Megan) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
9	STRICKEN MOTION for Leave to Appear Pro Hac Vice Marta P. Cook Filing fee $ 50, receipt number 1087-3053479 by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Attachments: # 1 Attachment)(Redman, Michael) (Entered: 12/10/2019) 1 Attachment View on PACER	Dec. 10, 2019	Dec. 10, 2019
	Payment for a Civil Case	Dec. 10, 2019	Dec. 10, 2019
	PAYMENT FOR A CIVIL CASE CIV-19-1145-R Filing fee $ 400, receipt number 1087-3053414. (Lambert, Megan)	Dec. 10, 2019	Dec. 10, 2019
	NOTICE from the Court 6 Brief, STRICKEN , due to counsel's failure to comply with ECF Policies and Procedures Manual, Section II(A)(4)(a). (nv) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019
	NOTICE from the Court 9 MOTION for Leave to Appear Pro Hac Vice Marta P. Cook Filing fee $ 50, receipt number 1087−3053479, STRICKEN . The motion and application appear to be a duplicate of Doc. 10. Counsel to re−file using correct document for Mr. Cook. (nv) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019
	NOTICE from the Court 18 Brief, STRICKEN , exhibits still show alphabetical descriptions within the coversheets. Counsel to re−file. (nv) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019
17	MOTION for Leave to Appear Pro Hac Vice Marta P. Cook by All Plaintiffs. (Attachments: # 1 Attachment Application PHV Marta Cook)(Redman, Michael) (Entered: 12/11/2019) 1 Attachment Application PHV Marta Cook View on PACER	Dec. 11, 2019	Dec. 11, 2019
18	STRICKEN BRIEF IN SUPPORT re 5 MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Open Justice Oklahoma Bail Fact Sheet, # 2 Exhibit 2 - Administrative Order re Amended Bail Schedule, # 3 Exhibit 3 - Declaration of Misty White, # 4 Exhibit 4 - Typed Declaration of Misty White, # 5 Exhibit 5 - Declaration of Janara Musgrave, # 6 Exhibit 6 - Typed Declaration of Janara Musgrave, # 7 Exhibit 7 - Declaration of Jermaine Bradford, # 8 Exhibit 8 - Typed Declaration of Jermaine Bradford, # 9 Exhibit 9 - Declaration of Landon Proudfit, # 10 Exhibit 10 - Typed Declaration of Landon Proudfit, # 11 Exhibit 11 - Declaration of Bradley Barber, Jr, # 12 Exhibit 12 - Typed Declaration of Bradley Barber, Jr, # 13 Exhibit 13 - Declaration of Dakota Kappus, # 14 Exhibit 14 - Typed Declaration of Dakota Kappus, # 15 Exhibit 15 - Canadian County Application for Appointed Couns, # 16 Exhibit 16 - Trigg Declaration, # 17 Exhibit 17 - Carter Declaration, # 18 Exhibit 18 - Center Declaration, # 19 Exhibit 19 - Lambert Declaration, # 20 Exhibit 20 - Johnson Declaration)(Lambert, Megan) (Entered: 12/11/2019) 1 Exhibit 1 - Open Justice Oklahoma Bail Fact Sheet View on PACER 2 Exhibit 2 - Administrative Order re Amended Bail Schedule View on PACER 3 Exhibit 3 - Declaration of Misty White View on PACER 4 Exhibit 4 - Typed Declaration of Misty White View on PACER 5 Exhibit 5 - Declaration of Janara Musgrave View on PACER 6 Exhibit 6 - Typed Declaration of Janara Musgrave View on PACER 7 Exhibit 7 - Declaration of Jermaine Bradford View on PACER 8 Exhibit 8 - Typed Declaration of Jermaine Bradford View on PACER 9 Exhibit 9 - Declaration of Landon Proudfit View on PACER 10 Exhibit 10 - Typed Declaration of Landon Proudfit View on PACER 11 Exhibit 11 - Declaration of Bradley Barber, Jr View on PACER 12 Exhibit 12 - Typed Declaration of Bradley Barber, Jr View on PACER 13 Exhibit 13 - Declaration of Dakota Kappus View on PACER 14 Exhibit 14 - Typed Declaration of Dakota Kappus View on PACER 15 Exhibit 15 - Canadian County Application for Appointed Couns View on PACER 16 Exhibit 16 - Trigg Declaration View on PACER 17 Exhibit 17 - Carter Declaration View on PACER 18 Exhibit 18 - Center Declaration View on PACER 19 Exhibit 19 - Lambert Declaration View on PACER 20 Exhibit 20 - Johnson Declaration View on PACER	Dec. 11, 2019	Dec. 11, 2019
19	ORDER granting 10 Motion to Appear Pro Hac Vice ; granting 11 Motion to Appear Pro Hac Vice ; granting 12 Motion to Appear Pro Hac Vice ; granting 13 Motion to Appear Pro Hac Vice ; granting 14 Motion to Appear Pro Hac Vice ; granting 15 Motion to Appear Pro Hac Vice ; granting 16 Motion to Appear Pro Hac Vice ; granting 17 Motion to Appear Pro Hac Vice. Signed by Honorable David L. Russell on 12/11/19. (nv) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019
20	BRIEF IN SUPPORT re 5 MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Open Justice Oklahoma, Bail Fact Sheet, # 2 Exhibit 2 - Administrative Order re Amended Bail Schedule, # 3 Exhibit 3 - Misty White Declaration, # 4 Exhibit 4 - White Typed Declaration, # 5 Exhibit 5 - Jermaine Bradford Declaration, # 6 Exhibit 6 - Bradford Typed Declaration, # 7 Exhibit 7 - Janara Musgrave Declaration, # 8 Exhibit 8 - Musgrave Typed Declaration, # 9 Exhibit 9 - Landon Proudfit Declaration, # 10 Exhibit 10 - Proudfit Typed Declaration, # 11 Exhibit 11 - Bradley Barber, Jr Declaration, # 12 Exhibit 12 - Barber Typed Declaration, # 13 Exhibit 13 - Dakota Kappus Declaration, # 14 Exhibit 14 - Kappus Typed Declaration, # 15 Exhibit 15 - Canadian County Application for Appointed Counsel, # 16 Exhibit 16 - Trigg Declaration, # 17 Exhibit 17 - Carter Declaration, # 18 Exhibit 18 - Center Declaration, # 19 Exhibit 19 - Lambert Declaration, # 20 Exhibit 20 - Johnson Declaration)(Lambert, Megan) (Entered: 12/11/2019) 1 Exhibit 1 - Open Justice Oklahoma, Bail Fact Sheet View on PACER 2 Exhibit 2 - Administrative Order re Amended Bail Schedule View on PACER 3 Exhibit 3 - Misty White Declaration View on PACER 4 Exhibit 4 - White Typed Declaration View on PACER 5 Exhibit 5 - Jermaine Bradford Declaration View on PACER 6 Exhibit 6 - Bradford Typed Declaration View on PACER 7 Exhibit 7 - Janara Musgrave Declaration View on PACER 8 Exhibit 8 - Musgrave Typed Declaration View on PACER 9 Exhibit 9 - Landon Proudfit Declaration View on PACER 10 Exhibit 10 - Proudfit Typed Declaration View on PACER 11 Exhibit 11 - Bradley Barber, Jr Declaration View on PACER 12 Exhibit 12 - Barber Typed Declaration View on PACER 13 Exhibit 13 - Dakota Kappus Declaration View on PACER 14 Exhibit 14 - Kappus Typed Declaration View on PACER 15 Exhibit 15 - Canadian County Application for Appointed Counsel View on PACER 16 Exhibit 16 - Trigg Declaration View on PACER 17 Exhibit 17 - Carter Declaration View on PACER 18 Exhibit 18 - Center Declaration View on PACER 19 Exhibit 19 - Lambert Declaration View on PACER 20 Exhibit 20 - Johnson Declaration View on PACER	Dec. 11, 2019	Dec. 11, 2019
	NOTICE from the Court 6 Brief, STRICKEN, due to counsel's failure to comply with ECF Policies and Procedures Manual, Section II(A)(4)(a). (nv)	Dec. 11, 2019	Dec. 11, 2019
	Notice from the Court	Dec. 11, 2019	Dec. 11, 2019
	NOTICE from the Court 9 MOTION for Leave to Appear Pro Hac Vice Marta P. Cook Filing fee $ 50, receipt number 1087-3053479, STRICKEN. The motion and application appear to be a duplicate of Doc. 10. Counsel to re-file using correct document for Mr. Cook. (nv)	Dec. 11, 2019	Dec. 11, 2019
	NOTICE from the Court 18 Brief, STRICKEN, exhibits still show alphabetical descriptions within the coversheets. Counsel to re-file. (nv)	Dec. 11, 2019	Dec. 11, 2019
21	ENTRY of Appearance by Twyla Jeanette Carter on behalf of All Plaintiffs (Carter, Twyla) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019
22	ENTRY of Appearance by Brandon Jerel Buskey on behalf of All Plaintiffs (Buskey, Brandon) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019
23	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Canadian County District Court 26th Judicial District served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
24	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Charles Gass served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
25	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Barbara Hatfield served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
26	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Paul Hesse served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
27	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Jack McCurdy served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
28	SUMMONS Returned Executed by Landon Proudfit, Oklahoma State Conference NAACP, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). Khristan Strubhar served on 12/12/2019. (Redman, Michael) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
29	ORDER REASSIGNING CASE. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Honorable David L. Russell no longer assigned to case. Signed by Honorable David L. Russell on 12/24/19. (jw) (Entered: 12/24/2019)	Dec. 24, 2019	Dec. 24, 2019
30	ENTRY of Appearance by Stefanie E Lawson on behalf of All Defendants (Lawson, Stefanie) (Entered: 12/26/2019)	Dec. 26, 2019	Dec. 26, 2019
31	UNOPPOSED MOTION for Extension of Time to File Responsive Pleading by All Defendants. (Lawson, Stefanie) (Entered: 12/26/2019)	Dec. 26, 2019	Dec. 26, 2019
32	ENTRY of Appearance by Erin M Moore on behalf of All Defendants (Moore, Erin) (Entered: 12/26/2019)	Dec. 26, 2019	Dec. 26, 2019
33	ORDER granting 31 Motion for Extension of Time to File. See order for details. Signed by Honorable Jodi W. Dishman on 12/31/19. (nv) Modified on 1/2/2020 to correct docket text (nv). (Entered: 12/31/2019)	Dec. 31, 2019	Dec. 31, 2019
34	ENTRY of Appearance by Devan A Pederson on behalf of All Defendants (Pederson, Devan) (Entered: 01/15/2020)	Jan. 15, 2020	Jan. 15, 2020
35	MOTION to Dismiss and Brief in Support by Canadian County District Court 26th Judicial District. (Attachments: # 1 Attachment Opinion - Harper v. Woodward Cnty Dist Ct, # 2 Attachment Opinion - Re v. Vistas)(Lawson, Stefanie) (Entered: 01/22/2020) 1 Attachment Opinion - Harper v. Woodward Cnty Dist Ct View on PACER 2 Attachment Opinion - Re v. Vistas View on PACER	Jan. 22, 2020	Jan. 22, 2020 RECAP
36	MOTION to Dismiss and Brief in Support by Charles Gass, Barbara Hatfield, Paul Hesse, Jack McCurdy, Khristan Strubhar. (Attachments: # 1 Exhibit 1 - Admin Order re Amended Bail Schedule, # 2 Attachment Hyland v Davis (unpublished case), # 3 Attachment Walker v Mohiuddin (unpublished case))(Lawson, Stefanie) (Entered: 01/22/2020) 1 Exhibit 1 - Admin Order re Amended Bail Schedule View on PACER 2 Attachment Hyland v Davis (unpublished case) View on PACER 3 Attachment Walker v Mohiuddin (unpublished case) View on PACER	Jan. 22, 2020	Jan. 22, 2020 RECAP
37	ENTRY of Appearance by Marta P Cook on behalf of All Plaintiffs (Cook, Marta) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020
38	ENTRY of Appearance by Laura B Cohen on behalf of All Plaintiffs (Cohen, Laura) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020
39	ENTRY of Appearance by Amia L Trigg on behalf of All Plaintiffs (Trigg, Amia) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020
40	ENTRY of Appearance by Aaron M Lewis on behalf of All Plaintiffs (Lewis, Aaron) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020
41	NOTICE FROM THE COURT. Available on the website for the United States District Court for the Western District of Oklahoma, under "Rules & Procedures, Chambers Rules," are the following that are applicable in civil cases in front of Judge Dishman: (1) Chamber Procedures for Civil Cases (issued 1-28-2020) and (2) Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions (issued 1-29-2020). Parties are expected to comply with these rules for all filings and proceedings going forward. The Court intends to strike filings that fail to comply with these rules. (nv) (Entered: 02/02/2020)	Feb. 2, 2020	Feb. 2, 2020
	~Notice (other)	Feb. 3, 2020	Feb. 3, 2020
42	RESPONSE in Opposition re 36 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1 - Declaration of Frankie Lee Adair, # 2 Exhibit OIDS Application)(Trigg, Amia) (Entered: 02/12/2020) 1 Exhibit Ex. 1 - Declaration of Frankie Lee Adair View on PACER 2 Exhibit OIDS Application View on PACER	Feb. 12, 2020	Feb. 12, 2020 RECAP
43	RESPONSE in Opposition re 35 MOTION to Dismiss and Brief in Support filed by Janara Musgrave, Misty White. (Trigg, Amia) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 RECAP
44	REPLY to Response to Motion re 35 MOTION to Dismiss and Brief in Support filed by Canadian County District Court 26th Judicial District. (Attachments: # 1 Attachment Hines v. Okla. - Unpublished Opin., # 2 Attachment Agrawal v. Courts of Okla. - Unpublished Opin., # 3 Attachment Ames v. Banther - Unpublished Opin., # 4 Attachment McCadden by McCadden v. City of Flint - Unpublished Opin., # 5 Attachment Grider v. City of Aurora - Unpublished Opin.)(Lawson, Stefanie) (Entered: 02/19/2020) 1 Attachment Hines v. Okla. - Unpublished Opin. View on PACER 2 Attachment Agrawal v. Courts of Okla. - Unpublished Opin. View on PACER 3 Attachment Ames v. Banther - Unpublished Opin. View on PACER 4 Attachment McCadden by McCadden v. City of Flint - Unpublished Opin. View on PACER 5 Attachment Grider v. City of Aurora - Unpublished Opin. View on PACER	Feb. 19, 2020	Feb. 19, 2020 RECAP
45	REPLY to Response to Motion re 36 MOTION to Dismiss and Brief in Support filed by Charles Gass, Barbara Hatfield, Paul Hesse, Jack McCurdy, Khristan Strubhar. (Attachments: # 1 Exhibit 1 - Administrative Order, # 2 Attachment Dawson v. Bd. of Cnty. Comm'rs - Unpublished Opin., # 3 Attachment Little v. Frederick - Unpublished Opin., # 4 Attachment Cooper v. Jones - Unpublished Opin.)(Lawson, Stefanie) (Entered: 02/19/2020) 1 Exhibit 1 - Administrative Order View on PACER 2 Attachment Dawson v. Bd. of Cnty. Comm'rs - Unpublished Opin. View on PACER 3 Attachment Little v. Frederick - Unpublished Opin. View on PACER 4 Attachment Cooper v. Jones - Unpublished Opin. View on PACER	Feb. 19, 2020	Feb. 19, 2020 RECAP
46	ENTRY of Appearance by Zoe Brennan-Krohn on behalf of All Plaintiffs (Brennan-Krohn, Zoe) (Entered: 02/24/2020)	Feb. 24, 2020	Feb. 24, 2020
47	NOTICE (other) by All Plaintiffs of Supplemental Authority (Attachments: # 1 Attachment Supplemental Authority)(Carter, Twyla) (Entered: 03/04/2020) 1 Attachment Supplemental Authority View on PACER	March 4, 2020	March 4, 2020
	IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at http://www.okwd.uscourts.gov/nextgen-information.**Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. **Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI)	July 20, 2020	July 20, 2020
	~Notice (other)	July 21, 2020	July 21, 2020
48	NOTICE (other) by All Plaintiffs of Supplemental Authority (Attachments: # 1 Attachment Attachment 1: Jones v. Governor of Florida)(Trigg, Amia) (Entered: 10/19/2020) 1 Attachment Attachment 1: Jones v. Governor of Florida View on PACER	Oct. 19, 2020	Oct. 19, 2020
49	NOTICE (other) by Charles Gass, Barbara Hatfield, Paul Hesse, Jack McCurdy, Khristan Strubhar (Attachments: # 1 Exhibit 1 - Daves, et al. Opin.)(Lawson, Stefanie) (Entered: 01/15/2021) 1 Exhibit 1 - Daves, et al. Opin. View on PACER	Jan. 15, 2021	Jan. 15, 2021 RECAP
50	MOTION for Leave to Appear Pro Hac Vice Trisha Trigilio Filing fee $ 50, receipt number AOKWDC-3732413 by All Plaintiffs. (Attachments: # 1 Attachment 1 - PHV Application)(Lambert, Megan) (Entered: 07/30/2021)	July 30, 2021	July 30, 2021
51	ORDER granting 50 Motion to Appear Pro Hac Vice as to Trisha Trigilio. See Order for details. Signed by Honorable Jodi W. Dishman on 08/02/2021. (nv) (Entered: 08/02/2021)	Aug. 2, 2021	Aug. 2, 2021
52	ORDER. Before the Court is 35 Defendant Canadian County District Court, 26th JudicialDistrict's Motion to Dismiss and 36 Defendant State Judges' Motion to Dismiss. The Motions are set for a telephonic hearing on September 24, 2021, at 1:00 p.m. See Order for deadlines and details. Signed by Honorable Jodi W. Dishman on 08/04/2021. (nv) (Entered: 08/04/2021)	Aug. 4, 2021	Aug. 4, 2021 RECAP
53	MOTION to Withdraw as Attorney Twyla Carter by All Plaintiffs. (Carter, Twyla) (Entered: 08/12/2021)	Aug. 12, 2021	Aug. 12, 2021 RECAP
54	MOTION to Withdraw as Attorney Amia L. Trigg by All Plaintiffs. (Trigg, Amia) (Entered: 08/13/2021)	Aug. 13, 2021	Aug. 13, 2021
55	ORDER granting 53 and 54 Motion to Withdraw as Attorney. Attorney Twyla Jeanette Carter and Amia L Trigg terminated. Signed by Honorable Jodi W. Dishman on 08/16/2021. (nv) (Entered: 08/16/2021)	Aug. 16, 2021	Aug. 16, 2021
56	MOTION to Withdraw as Attorney by Michael Redman by All Plaintiffs. (Redman, Michael) (Entered: 08/28/2021)	Aug. 28, 2021	Aug. 28, 2021 RECAP
57	ORDER. Before the Court is 56 Michael C. Redman's Motion to Withdraw as Counsel of Record for Plaintiffs. Upon review of the motion, and under LCvR83.5, the Court GRANTS the motion and permits withdrawal of Michael C. Redman as counsel for Plaintiffs Misty White, Jermaine Bradford, Janara Musgrave, Landon Proudfit, Bradley Barber, Jr., Dakota Kappus, and the Oklahoma State Conference NAACP. No conditions need to be imposed upon the withdrawal of Mr. Redman, as other counsel have entered appearances. Signed by Honorable Jodi W. Dishman on 09/03/2021. (knt) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021
58	JOINT STATUS REPORT by Plaintiffs Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus, Janara Musgrave, Oklahoma State Conference NAACP, Landon Proudfit, Misty White. (Trigilio, Trisha) (Entered: 09/17/2021)	Sept. 17, 2021	Sept. 17, 2021 RECAP
59	ENTRY of Appearance by Trisha Trigilio on behalf of All Plaintiffs (Trigilio, Trisha) (Entered: 09/22/2021)	Sept. 22, 2021	Sept. 22, 2021
60	Minute Sheet: Proceedings held before Judge Jodi W. Dishman: Motion Hearing held on 35 Motion to Dismiss and 36 Motion to Dismiss. The Motions are DENIED without prejudice to file another Motion to Dismiss (if necessary) after the filing of the amended complaint. The 5 Motion for Class Certification is ADMINISTRATIVELY STAYED until further notice. All rulings made on the record, no written order to follow. See minute for all deadlines and details. (Court Reporter Cassy Kerr.) (nv) (Entered: 09/24/2021)	Sept. 24, 2021	Sept. 24, 2021 RECAP
61	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 24, 2021 before Judge Jodi W. Dishman. Court Reporter: Cassy Kerr, Telephone number 405-609-5096. Transcript of: Motions to Dismiss Volume: I of I 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 11/1/2021. Redacted Transcript Deadline set for 11/9/2021. Release of Transcript Restriction set for 1/7/2022. (Kerr, Cassandra) (Entered: 10/09/2021)	Oct. 9, 2021	Oct. 9, 2021 RECAP
62	STRICKEN AMENDED COMPLAINT against Paul Hesse, Khristan Strubhar filed by Landon Proudfit, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). (Attachments: # 1 Exhibit A: Administrative Order)(Trigilio, Trisha) (Entered: 11/23/2021) 1 Exhibit A: Administrative Order View on RECAP	Nov. 23, 2021	Nov. 23, 2021 RECAP
63	JOINT STATUS REPORT by Plaintiffs Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus, Janara Musgrave, Landon Proudfit, Misty White. (Trigilio, Trisha) (Entered: 11/23/2021)	Nov. 23, 2021	Nov. 23, 2021 RECAP
64	AMENDED COMPLAINT against Paul Hesse, Khristan Strubhar filed by Landon Proudfit, Misty White, Dakota Kappus, Bradley Barber, Jr, Jermaine Bradford, Janara Musgrave, Dakota Kappus(on behalf of themselves and all others similarly situated). (Attachments: # 1 Exhibit Exhibit 1: Administrative Order)(Cohen, Laura) (Entered: 11/29/2021) 1 Exhibit Exhibit 1: Administrative Order View on RECAP	Nov. 29, 2021	Nov. 29, 2021 RECAP
	NOTICE from the Court 62 Amended Complaint, STRICKEN due to counsel's inadvertent failure to comply with this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, the use of alphabetical designations for exhibits is not allowed. Counsel to refile. (nv)	Nov. 29, 2021	Nov. 29, 2021
	Notice from the Court	Nov. 29, 2021	Nov. 29, 2021
65	MOTION to Dismiss and Brief in Support by Paul Hesse, Khristan Strubhar. (Attachments: # 1 Attachment Hyland v Davis (unpublished case))(Pederson, Devan) (Entered: 12/07/2021) 1 Attachment Hyland v Davis (unpublished case) View on PACER	Dec. 7, 2021	Dec. 7, 2021 RECAP
66	FIRST MOTION for Extension of Time to File Response/Reply as to 65 MOTION to Dismiss and Brief in Support by All Plaintiffs. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 12/13/2021) 1 Proposed Order View on PACER	Dec. 13, 2021	Dec. 13, 2021 RECAP
67	ORDER granting 66 Motion for Extension of Time to File Response/Reply re 65 MOTION to Dismiss and Brief in Support . Plaintiffs' deadline to respond to Defendants' Motion to Dismiss Amended Complaint [Doc. No. 65] is EXTENDED to January 6, 2022. Any optional reply, addressing new information only, must be filed within 7 days after the filing of the response. Signed by Judge Jodi W. Dishman on 12/22/2021. (nv) (Entered: 12/22/2021)	Dec. 22, 2021	Dec. 22, 2021
68	RESPONSE in Opposition re 65 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Trigilio, Trisha) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022 RECAP
69	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 68 Response in Opposition to Motion by Paul Hesse, Khristan Strubhar. (Pederson, Devan) (Entered: 01/07/2022)	Jan. 7, 2022	Jan. 7, 2022 RECAP
70	ORDER granting 69 Motion for Extension of Time to File Response/Reply. Defendants' deadline to reply to Plaintiffs' Response [Doc. No. 68] to the Motion to Dismiss [Doc. No. 65] is EXTENDED to January 20, 2022. Signed by Judge Jodi W. Dishman on 1/12/2022. (nv) (Entered: 01/12/2022)	Jan. 12, 2022	Jan. 12, 2022
71	SECOND MOTION for Extension of Time to File Response/Reply as to 68 Response in Opposition to Motion by Paul Hesse, Khristan Strubhar. (Moore, Erin) (Entered: 01/19/2022)	Jan. 19, 2022	Jan. 19, 2022 RECAP
72	ORDER granting 71 Motion for Extension of Time to File Response/Reply. Defendants' deadline to reply to 68 Plaintiffs' Response to Defendants' Motion to Dismiss is EXTENDED to January 27, 2022. No further extensions should be anticipated. Replies due by 1/27/2022. Signed by Judge Jodi W. Dishman on 01/20/2022. (nv) (Entered: 01/20/2022)	Jan. 20, 2022	Jan. 20, 2022 RECAP
73	REPLY to Response to Motion re 65 MOTION to Dismiss and Brief in Support filed by Paul Hesse, Khristan Strubhar. (Pederson, Devan) (Entered: 01/27/2022)	Jan. 27, 2022	Jan. 27, 2022 RECAP
74	MOTION to Withdraw as Attorney Marta Cook by Bradley Barber, Jr, Jermaine Bradford, Dakota Kappus, Dakota Kappus(on behalf of themselves and all others similarly situated), Janara Musgrave, Landon Proudfit, Misty White. (Cohen, Laura) (Entered: 07/25/2022)	July 25, 2022	July 25, 2022
75	ORDER granting 74 Motion to Withdraw as Attorney. Attorney Marta P Cook terminated. Signed by Judge Jodi W. Dishman on 07/26/2022. (nv) (Entered: 07/26/2022)	July 26, 2022	July 26, 2022
76	STRICKEN ENTRY of Appearance by Johanna F Roberts on behalf of All Plaintiffs (Roberts, Johanna) (Entered: 08/16/2022)	Aug. 16, 2022	Aug. 16, 2022 RECAP
77	ENTRY of Appearance by Johanna F Roberts on behalf of All Plaintiffs (Roberts, Johanna) (Entered: 08/17/2022)	Aug. 17, 2022	Aug. 17, 2022
	NOTICE from the Court: 76 Entry of Appearance is STRICKEN. Counsel to refile using the correct Judge initials; see 29 Order Reassigning Case.(km)	Aug. 17, 2022	Aug. 17, 2022
	Notice from the Court	Aug. 17, 2022	Aug. 17, 2022
78	MOTION to Withdraw as Attorney Laura Beth Cohen by All Plaintiffs. (Cohen, Laura) (Entered: 10/27/2022)	Oct. 27, 2022	Oct. 27, 2022
79	ORDER granting 78 Motion to Withdraw as Attorney. Attorney Laura B Cohen terminated. Signed by Judge Jodi W. Dishman on 11/10/22. (rr) (Entered: 11/10/2022)	Nov. 10, 2022	Nov. 10, 2022
80	MOTION to Withdraw as Attorney by All Plaintiffs. (Roberts, Johanna) (Entered: 01/11/2023)	Jan. 11, 2023	Jan. 11, 2023
81	ORDER granting 80 Motion to Withdraw as Attorney. Attorney Johanna F Roberts terminated. Signed by Judge Jodi W. Dishman on 01/13/2023. (nv) (Entered: 01/13/2023)	Jan. 13, 2023	Jan. 13, 2023
82	~Notice (other) 1 Exhibit Farella v. Anglin View on PACER	Aug. 17, 2023	Aug. 17, 2023 RECAP
83	~Notice (other) 1 Exhibit 1 - Daves v Dallas County Texas View on PACER 2 Exhibit 2- Notice of Intent to Revoke View on PACER 3 Exhibit 3 - Medina v Allen View on PACER	Aug. 22, 2023	Aug. 22, 2023 RECAP

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Arrestees who are detained by Canadian County, for whom a secured financial condition of release has been set, without the presence of counsel, and who cannot afford the amount necessary for release on the secured money bail.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Canadian County District Court 26th Judicial District , County