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

Clearinghouse coding complete

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…

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. § 1983, 42 U.S.C. § 12131, et seq., and 29 U.S.C. § 794.

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.

Summary Authors

Claire Shimberg (5/2/2020)

People

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


Judge(s)

Dishman, Jodi Warmbrod None (Oklahoma)

Attorneys(s) 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)

Judge(s)

Dishman, Jodi Warmbrod None (Oklahoma)

Attorneys(s) 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)

Trigg, Amia L. (District of Columbia)

Watts, Weston O. (Oklahoma)

Williams, Justin R. (Oklahoma)

Attorneys(s) for Defendant

Lawson, Stefanie E. (Oklahoma)

Moore, Erin (Oklahoma)

Pederson, Devan (Oklahoma)

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

Docket

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

Last updated Aug. 27, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
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

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2 Exhibit 2 - Unsecured Bonds, The As Effective and Most Efficient Pretrial Releas

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3 Exhibit 3 - The Hidden Costs of Pretrial Detention

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4 Civil Cover Sheet

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Dec. 10, 2019

Dec. 10, 2019

PACER

Payment for a Civil Case

Dec. 10, 2019

Dec. 10, 2019

PACER
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

PACER

PAYMENT FOR A CIVIL CASE CIV-19-1145-R Filing fee $ 400, receipt number 1087-3053414. (Lambert, Megan)

Dec. 10, 2019

Dec. 10, 2019

PACER
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

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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

PACER
5

MOTION to Certify Class by All Plaintiffs. (Lambert, Megan) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit C-1

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5 Exhibit D

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6 Exhibit D-1

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7 Exhibit E

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8 Exhibit E-1

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9 Exhibit F

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10 Exhibit F-1

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11 Exhibit G

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12 Exhibit G-1

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13 Exhibit H

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14 Exhibit H-1

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15 Exhibit I

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16 Exhibit J

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17 Exhibit K

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18 Exhibit L

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19 Exhibit M

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20 Exhibit N

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

PACER
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

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

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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

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Dec. 10, 2019

Dec. 10, 2019

PACER
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

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Dec. 10, 2019

Dec. 10, 2019

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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

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Dec. 10, 2019

Dec. 10, 2019

PACER

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

PACER

Notice from the Court

Dec. 11, 2019

Dec. 11, 2019

PACER

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

PACER
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

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Dec. 11, 2019

Dec. 11, 2019

PACER
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

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2 Exhibit 2 - Administrative Order re Amended Bail Schedule

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3 Exhibit 3 - Declaration of Misty White

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4 Exhibit 4 - Typed Declaration of Misty White

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5 Exhibit 5 - Declaration of Janara Musgrave

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6 Exhibit 6 - Typed Declaration of Janara Musgrave

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7 Exhibit 7 - Declaration of Jermaine Bradford

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8 Exhibit 8 - Typed Declaration of Jermaine Bradford

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9 Exhibit 9 - Declaration of Landon Proudfit

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10 Exhibit 10 - Typed Declaration of Landon Proudfit

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11 Exhibit 11 - Declaration of Bradley Barber, Jr

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12 Exhibit 12 - Typed Declaration of Bradley Barber, Jr

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13 Exhibit 13 - Declaration of Dakota Kappus

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14 Exhibit 14 - Typed Declaration of Dakota Kappus

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15 Exhibit 15 - Canadian County Application for Appointed Couns

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16 Exhibit 16 - Trigg Declaration

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17 Exhibit 17 - Carter Declaration

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18 Exhibit 18 - Center Declaration

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19 Exhibit 19 - Lambert Declaration

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20 Exhibit 20 - Johnson Declaration

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Dec. 11, 2019

Dec. 11, 2019

PACER

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

PACER
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

PACER
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

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2 Exhibit 2 - Administrative Order re Amended Bail Schedule

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3 Exhibit 3 - Misty White Declaration

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4 Exhibit 4 - White Typed Declaration

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5 Exhibit 5 - Jermaine Bradford Declaration

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6 Exhibit 6 - Bradford Typed Declaration

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7 Exhibit 7 - Janara Musgrave Declaration

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8 Exhibit 8 - Musgrave Typed Declaration

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9 Exhibit 9 - Landon Proudfit Declaration

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10 Exhibit 10 - Proudfit Typed Declaration

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11 Exhibit 11 - Bradley Barber, Jr Declaration

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12 Exhibit 12 - Barber Typed Declaration

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13 Exhibit 13 - Dakota Kappus Declaration

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14 Exhibit 14 - Kappus Typed Declaration

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15 Exhibit 15 - Canadian County Application for Appointed Counsel

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16 Exhibit 16 - Trigg Declaration

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17 Exhibit 17 - Carter Declaration

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18 Exhibit 18 - Center Declaration

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19 Exhibit 19 - Lambert Declaration

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20 Exhibit 20 - Johnson Declaration

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Dec. 11, 2019

Dec. 11, 2019

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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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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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

PACER
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

PACER
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

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2 Attachment Opinion - Re v. Vistas

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Jan. 22, 2020

Jan. 22, 2020

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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

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2 Attachment Hyland v Davis (unpublished case)

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3 Attachment Walker v Mohiuddin (unpublished case)

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Jan. 22, 2020

Jan. 22, 2020

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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

PACER
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

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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

PACER
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

PACER
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

PACER

~Notice (other)

Feb. 3, 2020

Feb. 3, 2020

PACER
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

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2 Exhibit OIDS Application

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Feb. 12, 2020

Feb. 12, 2020

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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.

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2 Attachment Agrawal v. Courts of Okla. - Unpublished Opin.

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3 Attachment Ames v. Banther - Unpublished Opin.

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4 Attachment McCadden by McCadden v. City of Flint - Unpublished Opin.

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5 Attachment Grider v. City of Aurora - Unpublished Opin.

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Feb. 19, 2020

Feb. 19, 2020

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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

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2 Attachment Dawson v. Bd. of Cnty. Comm'rs - Unpublished Opin.

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3 Attachment Little v. Frederick - Unpublished Opin.

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4 Attachment Cooper v. Jones - Unpublished Opin.

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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

PACER
47

NOTICE (other) by All Plaintiffs of Supplemental Authority (Attachments: # 1 Attachment Supplemental Authority)(Carter, Twyla) (Entered: 03/04/2020)

1 Attachment Supplemental Authority

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March 4, 2020

March 4, 2020

PACER

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

PACER

~Notice (other)

July 21, 2020

July 21, 2020

PACER
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

PACER
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

Appear Pro Hac Vice (ONE motion per attorney)

July 30, 2021

July 30, 2021

PACER
51

Order on Motion to Appear Pro Hac Vice

Aug. 2, 2021

Aug. 2, 2021

PACER
52

Order Setting Hearing on Motion

Aug. 4, 2021

Aug. 4, 2021

RECAP
53

Withdraw as Attorney

Aug. 12, 2021

Aug. 12, 2021

PACER
54

Withdraw as Attorney

Aug. 13, 2021

Aug. 13, 2021

PACER
55

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Aug. 16, 2021

Aug. 16, 2021

PACER
56

Withdraw as Attorney

Aug. 28, 2021

Aug. 28, 2021

RECAP
57

Order on Motion to Withdraw as Attorney

Sept. 3, 2021

Sept. 3, 2021

PACER
58

Joint Status Report

Sept. 17, 2021

Sept. 17, 2021

RECAP
59

Entry of Appearance

Sept. 22, 2021

Sept. 22, 2021

PACER
60

Order on Motion to Dismiss AND Motion Hearing AND Order on Motion to Dismiss

Sept. 24, 2021

Sept. 24, 2021

RECAP
61

Transcript

Oct. 9, 2021

Oct. 9, 2021

RECAP
62

Amended Complaint

1 Exhibit A: Administrative Order

View on RECAP

Nov. 24, 2021

Nov. 24, 2021

RECAP
63

Joint Status Report

Nov. 24, 2021

Nov. 24, 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

PACER

Notice from the Court

Nov. 29, 2021

Nov. 29, 2021

PACER
64

Amended Complaint

1 Exhibit Exhibit 1: Administrative Order

View on RECAP

Nov. 30, 2021

Nov. 30, 2021

RECAP
65

Dismiss

1 Attachment Hyland v Davis (unpublished case)

View on PACER

Dec. 8, 2021

Dec. 8, 2021

RECAP
66

Extension of Time to File Response/Reply

1 Proposed Order

View on PACER

Dec. 13, 2021

Dec. 13, 2021

RECAP
67

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

Dec. 22, 2021

Dec. 22, 2021

PACER
68

Response in Opposition to Motion

Jan. 7, 2022

Jan. 7, 2022

RECAP
69

Extension of Time to File Response/Reply

Jan. 7, 2022

Jan. 7, 2022

RECAP
70

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

Jan. 12, 2022

Jan. 12, 2022

PACER
71

Extension of Time to File Response/Reply

Jan. 19, 2022

Jan. 19, 2022

RECAP
72

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

Jan. 20, 2022

Jan. 20, 2022

RECAP
73

Reply to Response to Motion

Jan. 28, 2022

Jan. 28, 2022

RECAP
74

Withdraw as Attorney

July 25, 2022

July 25, 2022

PACER
75

Order on Motion to Withdraw as Attorney

July 26, 2022

July 26, 2022

PACER
76

Entry of Appearance

Aug. 16, 2022

Aug. 16, 2022

RECAP

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

PACER

Notice from the Court

Aug. 17, 2022

Aug. 17, 2022

PACER
77

Entry of Appearance

Aug. 17, 2022

Aug. 17, 2022

PACER

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 National (all projects)

ACLU Affiliates (any)

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

Canadian County State Judges (Canadian), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Excessive bail/fines

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Courts

Fines/Fees/Bail/Bond

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified