Case: Leaders of a Beautiful Struggle v. Baltimore Police Department

1:20-cv-00929 | U.S. District Court for the District of Maryland

Filed Date: April 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 1, 2020, the Baltimore Board of Estimates approved a contract between the Baltimore Police Department (BPD) and Persistent Surveillance Systems, LLC (PSS) for an “Aerial Investigation Research” (AIR) pilot program in Baltimore, Maryland. The pilot program was to take place for six months during which PSS would fly planes over the city for approximately twelve hours per day. While in flight, the planes would use advanced wide-angle camera systems to collect images of the city that would…

On April 1, 2020, the Baltimore Board of Estimates approved a contract between the Baltimore Police Department (BPD) and Persistent Surveillance Systems, LLC (PSS) for an “Aerial Investigation Research” (AIR) pilot program in Baltimore, Maryland. The pilot program was to take place for six months during which PSS would fly planes over the city for approximately twelve hours per day. While in flight, the planes would use advanced wide-angle camera systems to collect images of the city that would be reconstructed as slow-frame-rate video recordings of pedestrians and vehicles to be used by BPD.

Eight days after the contract was approved, on April 9, 2020, the plaintiffs, Leaders of a Beautiful Struggle (a self-described “grassroots think tank” that advocates for policy change to improve conditions for Baltimore’s black community) and two individual activists, filed this lawsuit in the U.S. District Court for the District of Maryland (in Baltimore). Represented by the ACLU of Maryland, the plaintiffs sought declaratory and injunctive relief against the BPD for two types of Constitutional violations. The first set of claims arose under the Fourth Amendment. The plaintiffs argued that AIR violated the Fourth Amendment’s warrant requirement because its ability to capture images of pedestrians and vehicles amounted to indiscriminate searches that lacked “individualized suspicion or judicial approval.” The use of these images by the BPD similarly violated the Constitution, according to the plaintiffs, because the police could analyze information from the planes without warrants. The second claim was based on the First Amendment’s protection of freedom of association. The plaintiffs claimed that planes' ability to capture aerial images of 90 percent of the city every second during their 12 hour flights was “constant and inescapable” monitoring that violated the Constitutional right to association. For example, the plaintiffs cited the effect that the surveillance would have on one of the named plaintiffs who regularly visited Baltimore neighborhoods affected by street violence to meet with community members shortly after events like murders occurred as part of her work as an activist. This plaintiff was apprehensive about how her work would be unjustifiably scrutinized by police because the AIR program would be likely to generate an individualized report of her movements based on the frequency that she visited these high-crime areas. Because the contract between BPD and PSS established an official municipal policy under color of state law, the plaintiffs sued under 42 U.S.C. §1983. The plaintiffs asked the district court to: 1) declare the AIR program to be violative of the First and Fourth Amendments; 2) permanently enjoin the BPD from operating the AIR program or collect any images from it; 3) to order the BPD to expunge all records of plaintiffs gathered as a result of AIR surveillance; 4) award them attorneys’ fees. District Judge Richard Bennett was assigned to the case.

On the same day that they filed the complaint, the plaintiffs moved for a temporary restraining order and preliminary injunction to prevent the defendants from operating the AIR pilot program and using any of the data collected from it. District Judge Bennett held a telephone hearing on the afternoon of April 9, 2020. On the same day Judge Bennett entered an order prohibiting any AIR program flights to collect, retain, or access photographic imagery of Baltimore until a hearing on the preliminary injunction could take place on April 21, 2020. However, the District Judge did allow the BPD to continue undertaking preparatory activities for the launch of the AIR program.

On April 21, 2020 the court conducted a telephone hearing and heard arguments on the motion for a preliminary injunction. On April 24, 2020 Judge Bennet issued an opinion denying the plaintiff’s motion for a preliminary injunction. He held that the AIR program did not constitute a “search” under the Fourth Amendment or violate the First Amendment, that the balance of the equities weighed against the grant of a preliminary injunction, and that it was not within the public interest to grant a preliminary injunction. 456 F. Supp. 3d 699. Because the plaintiffs did not succeed on their motion for a preliminary injunction, Judge Bennett entered an order allowing the AIR pilot program to proceed. On the same day, the plaintiffs filed an appeal on the denial of their motion for a preliminary injunction to the Fourth Circuit Court of Appeals.

While the parties were awaiting the Fourth Circuit’s decision on the preliminary injunction, the BPD filed a motion to dismiss for failure to state a claim on August 12, 2020. Before the plaintiffs could file a response to this motion, the Fourth Circuit affirmed the denial of the preliminary injunction on November 5, 2020. Circuit Judge Harvie Wilkinson wrote a majority opinion for a three judge panel. In the opinion, Circuit Judge Wilkinson held that District Judge Bennett did not abuse his discretion in denying the plaintiffs’ motion for a preliminary injunction because the plaintiffs were not likely to succeed on the merits of their claims that: 1) the AIR program violated the Fourth Amendment’s protection of a reasonable expectation of privacy, 2) the AIR program violated the Fourth Amendment under a balancing test, or 3) the AIR program violated the plaintiffs’ right to association under the First Amendment. Furthermore, Circuit Judge Wilkinson held that the equitable balance weighed against the issuance of a preliminary injunction, noting that the high-crime rate in Baltimore and newness of the pilot program supported the BPD’s effort to implement a technological innovation to stem violence. Chief Judge Roger Gregory wrote a dissenting opinion in which he disagreed with the majority’s characterization of the AIR program as a form of short-term surveillance and pointed to the program’s capacity to track individuals over time to reveal their “most intimate associations and activities” to support his conclusion that the AIR program violated the Fourth Amendment. 979 F.3d 219.

However, the November 5 decision was not the end of the battle over the preliminary injunction. On December 22, 2020, the Court of Appeals granted the plaintiffs’ petition for a rehearing en banc. A 15-judge panel heard arguments from both parties on March 8, 2021. Following an eight-seven vote, the Fourth Circuit overruled its prior decision and reversed the district court’s denial of the preliminary injunction on June 24, 2021. Chief Judge Gregory wrote the majority opinion supported by two separate concurrences. The first concurrence by Chief Judge Gregory himself was joined by Circuit Judges Wynn, Thacker, and Harris. The second concurrence was written by Circuit Judge Wynn and joined by Circuit Judges Motz, Thacker, and Harris. The minority filed three separate dissents. The first dissent was written by Circuit Judge Wilkinson and joined by Circuit Judges Niemeyer, Agee, and Quattlebaum, and joined in part by Circuit Judges Diaz, Richardson, and Rushing. Circuit Judges Niemeyer and Diaz filed their own independent dissenting opinions which no other Judges joined. 2021 WL 2584408.

One of the issues on appeal was whether the case was moot due to the fact that the Board of Estimates voted to terminate the AIR program on February 3, 2021. According to the majority opinion, while AIR program planes stopped flying over Baltimore on October 31, 2020, BPD submitted requests to RSS for analysis of data collected during the pilot program up until December 8, 2020. On February 2, 2021, BPD and PSS announced that they had deleted most of the data (all but 14.2 percent of images collected) that had been collected over the course of the AIR program. Because the remaining data that the BPD had access to documented thousands of hours of public movement and were being used in around 150 open criminal investigations, the Fourth Circuit held that the preliminary injunction sought by the plaintiffs was not moot as the requested relief, a prohibition on the usage of RSS data by police, could still be granted. 2021 WL 2584408.

On the merits of the plaintiffs’ claim for preliminary injunctive relief, Chief Judge Gregory’s analysis was similar to that in his dissenting opinion from November 5, 2020. Here, the Fourth Circuit found that District Judge Bennett erred in holding that the AIR program was capable only of short term tracking, pointing to the fact that the information collected by RSS from its planes was even more precise than GPS and cellphone tracking data. Further, Chief Judge Gregory wrote that the AIR program went beyond an “augmentation” of ordinary police capabilities. Instead, he described the data collected by the program as “record[ing] the movements of a city” in a way that can be readily analyzed to identify the locations of individuals over an extended period of time. The majority held that police access of AIR program data constituted a search and as a result, warrantless collection and analysis of the data violated the Fourth Amendment. The case was remanded to the district court for proceedings consistent with the en banc opinion. 2021 WL 2584408.

The case is ongoing.

Summary Authors

Sabrina Glavota (5/22/2020)

Esteban Woo Kee (7/28/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17055584/parties/leaders-of-a-beautiful-struggle-v-baltimore-police-department/


Judge(s)

Agee, G. Steven (Virginia)

Bennett, Richard D. (Maryland)

Diaz, Albert (North Carolina)

Floyd, Henry Franklin (South Carolina)

Gregory, Roger L. (Virginia)

Harris, Pamela Ann (Maryland)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Judge(s)

Agee, G. Steven (Virginia)

Bennett, Richard D. (Maryland)

Diaz, Albert (North Carolina)

Floyd, Henry Franklin (South Carolina)

Gregory, Roger L. (Virginia)

Harris, Pamela Ann (Maryland)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Quattlebaum, A. Marvin Jr. (South Carolina)

Richardson, Julius Ness (South Carolina)

Rushing, Allison Jones None (South Carolina)

Thacker, Stephanie Dawn (West Virginia)

Wilkinson, J. Harvie III (District of Columbia)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Gorski, Ashley (New York)

Kaufman, Brett Max (New York)

Ramirez, Alexia (New York)

Rocah, David Robert (Maryland)

Wessler, Nathan Freed (New York)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Lynch, Kara K. (Maryland)

Moore, Dana Petersen (Maryland)

Walden, Elisabeth (Maryland)

Documents in the Clearinghouse

Document

Docket

June 25, 2021 Docket
2-1

Plaintiffs' Memorandum of Law in Support of their Motion for a Temporary Restraining Order & a Preliminary Injunction

April 9, 2020 Pleading / Motion / Brief
2

Plaintiffs' Motion for a Temporary Restraining Order & a Preliminary Injunction

April 9, 2020 Pleading / Motion / Brief
1

Complaint for Declaratory and Injunctive Relief

April 9, 2020 Complaint
15

Memorandum Order

April 9, 2020 Order/Opinion
32

Memorandum Opinion

456 F.Supp.3d 699

April 24, 2020 Order/Opinion
46

[Opinion]

U. S. Court of Appeals for the Fourth Circuit

979 F.3d 219

Nov. 5, 2020 Order/Opinion
93

[Opinion]

U. S. Court of Appeals for the Fourth Circuit

2 F.4th 330, 2021 WL 2584408

June 24, 2021 Order/Opinion

Resources

Title Description External URL

Leaders of a Beautiful Struggle v. Baltimore City Police Department

ACLU Maryland

On behalf of Leaders of a Beautiful Struggle, grassroots think tank that advances the public policy interests of Black people in Baltimore, Erricka Bridgeford, co-founder of the Baltimore Ceasefire 3… June 24, 2021 https://www.aclu-md.org/en/cases/leaders-beautiful-struggle-v-baltimore-city-police-department

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17055584/leaders-of-a-beautiful-struggle-v-baltimore-police-department/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8606257.), filed by Leaders of a Beautiful Struggle, Kevin James, Erricka Bridgeford. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Rocah, David) (Entered: 04/09/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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April 9, 2020 RECAP

Status Conference

April 9, 2020 PACER
2

MOTION for Temporary Restraining Order & Preliminary Injunction by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (Attachments: # 1 Memorandum in Support)(Rocah, David) (Entered: 04/09/2020)

1 Memorandum in Support

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April 9, 2020 RECAP
3

AFFIDAVIT re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Alexia Ramirez by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (Attachments: # 1 Exhibit (A) BPD Presentation, # 2 Exhibit (B) BPD/PSS Contract, # 3 Exhibit (C-1) PSS Hawkeye II Web Pages Part 1 of 2, # 4 Exhibit (C-2) PSS Hawkeye II Web Pages Part 2 of 2, # 5 Exhibit (D) Unique in the Crowd Study, # 6 Exhibit (E) PSS Nighthawk II Web Page)(Rocah, David) (Entered: 04/09/2020)

1 Exhibit (A) BPD Presentation

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2 Exhibit (B) BPD/PSS Contract

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3 Exhibit (C-1) PSS Hawkeye II Web Pages Part 1 of 2

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4 Exhibit (C-2) PSS Hawkeye II Web Pages Part 2 of 2

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5 Exhibit (D) Unique in the Crowd Study

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6 Exhibit (E) PSS Nighthawk II Web Page

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April 9, 2020 RECAP
4

AFFIDAVIT re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Dayvon Love, Leaders of a Beautiful Struggle by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 RECAP
5

AFFIDAVIT re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Erricka Bridgeford by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 RECAP
6

AFFIDAVIT re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Kevin James by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 RECAP
7

NOTICE by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Proposed Order Granting TRO (Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER
8

NOTICE by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle re 2 MOTION for Temporary Restraining Order & Preliminary Injunction of Proposed Order Granting Preliminary Injunction (Rocah, David) (Entered: 04/09/2020)

April 9, 2020 RECAP
9

MOTION To Omit Home Address From Caption by Kevin James (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rocah, David) (Entered: 04/09/2020)

1 Memorandum in Support

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2 Text of Proposed Order

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April 9, 2020 PACER
10

MOTION to Appear Pro Hac Vice for Brett Max Kaufman (Filing fee $100, receipt number 0416-8606411.) by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER
11

MOTION to Appear Pro Hac Vice for Ashley Gorski (Filing fee $100, receipt number 0416-8606437.) by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER
12

MOTION to Appear Pro Hac Vice for Alexia Ramirez (Filing fee $100, receipt number 0416-8606444.) by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER
13

MOTION to Appear Pro Hac Vice for Nathan Freed Wessler (Filing fee $100, receipt number 0416-8606446.) by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER
14

MOTION to Appear Pro Hac Vice for Ben Wizner (Filing fee $100, receipt number 0416-8606459.) by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 04/09/2020)

April 9, 2020 PACER

Telephone conference with all parties re: status held on 4/9/2020 before Judge Richard D. Bennett. (NOT on the record) (krs, Deputy Clerk)

April 9, 2020 PACER
15

ORDER directing the Defendants to respond to Plaintiffs' Motion by 4/15/2020 at 4:00 p.m. and Plaintiffs shall file reply by 4/17/2020 at 4:00 p.m. The Court will conduct a Preliminary Injunction Hearing on 4/21/2020 at 11:00 a.m. and issue a decision on the Plaintiffs' Motion by 4/24/2020 at 5:00 p.m. Signed by Judge Richard D. Bennett on 4/9/2020. (krs, Deputy Clerk) (Entered: 04/09/2020)

April 9, 2020 RECAP
16

ORDER granting 9 Motion for Permission to Omit Home Address from Caption; granting 10, 11, 12, 13, and 14 Motions for Admission Pro Hac Vice. Signed by Judge Richard D. Bennett on 4/9/2020. (cc Attorney Admissions 4/9/2020) (krs, Deputy Clerk) (Entered: 04/09/2020)

April 9, 2020 PACER
17

NOTICE of Appearance by Dana Petersen Moore on behalf of Baltimore Police Department, Michael S Harrison (Moore, Dana) (Entered: 04/09/2020)

April 9, 2020 PACER
18

NOTICE of Appearance by Elisabeth Walden on behalf of Baltimore Police Department, Michael S Harrison (Walden, Elisabeth) (Entered: 04/09/2020)

April 9, 2020 PACER

Deficiency Notice

April 10, 2020 PACER

Deficiency Notice as to Leaders of a Beautiful Struggle -- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 4/17/2020 (kw2s, Deputy Clerk)

April 10, 2020 PACER
19

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Brett Max Kaufman. Directing attorney Brett Max Kaufman to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 4/10/2020. (srds, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
20

QC NOTICE: 1 Complaint, filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle was filed incorrectly.*** Please submit a proposed summons for Michael S Harrison. Use the event Notice> Notice(Other) and link to 1 Complaint (kw2s, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
21

PAPERLESS ORDER granting 11 Motion to Appear Pro Hac Vice on behalf of Ashley Marie Gorski. Directing attorney Ashley Marie Gorski to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/10/2020. (srds, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
22

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Alexia Ramirez. Directing attorney Alexia Ramirez to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/10/2020. (srds, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
23

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Nathan Freed Wessler. Directing attorney Nathan Freed Wessler to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 4/10/2020. (srds, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
24

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Ben Wizner. Directing attorney Ben Wizner to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/10/2020. (srds, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020 PACER
25

NOTICE by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle re 1 Complaint, Corrected Summons for Michael Harrison (Rocah, David) (Entered: 04/14/2020)

April 14, 2020 PACER
26

Local Rule 103.3 Disclosure Statement by Leaders of a Beautiful Struggle (Rocah, David) (Entered: 04/14/2020)

April 14, 2020 RECAP
27

Summons Issued 21 days as to Baltimore Police Department, Michael S Harrison. (Attachments: # 1 Summons)(kw2s, Deputy Clerk) (Entered: 04/15/2020)

1 Summons

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April 15, 2020 PACER
28

Local Rule 103.3 Disclosure Statement by Baltimore Police Department (Walden, Elisabeth) (Entered: 04/15/2020)

April 15, 2020 RECAP
29

Local Rule 103.3 Disclosure Statement by Michael S Harrison (Walden, Elisabeth) (Entered: 04/15/2020)

April 15, 2020 RECAP
30

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order & Preliminary Injunction filed by Baltimore Police Department, Michael S Harrison. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walden, Elisabeth) (Entered: 04/15/2020)

1 Exhibit A

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2 Exhibit B

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April 15, 2020 RECAP
31

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order & Preliminary Injunction filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle.(Rocah, David) (Entered: 04/17/2020)

April 17, 2020 RECAP

Telephone Motion Hearing held on 4/21/2020 re 2 MOTION for Temporary Restraining Order & Preliminary Injunction filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle before Judge Richard D. Bennett.(Court Reporter: Christine Asif) (chs, Deputy Clerk)

April 21, 2020 PACER

Telephone Conference

April 21, 2020 PACER
32

MEMORANDUM OPINION Signed by Judge Richard D. Bennett on 4/24/2020. (cags, Deputy Clerk) (Entered: 04/24/2020)

April 24, 2020 RECAP
33

ORDER denying 2 Motion for Preliminary Injunction; the Air Pilot Program may proceed. Signed by Judge Richard D. Bennett on 4/24/2020 (cags, Deputy Clerk) (Entered: 04/24/2020)

April 24, 2020 RECAP
34

NOTICE OF INTERLOCUTORY APPEAL as to 33 Order on Motion for TRO, 32 Memorandum Opinion by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle. Filing fee $ 505, receipt number 0416-8625995.(Rocah, David) (Entered: 04/24/2020)

April 24, 2020 RECAP
35

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 34 Notice of Interlocutory Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(Filing Fee incorrectly on transmittal as unpaid and the Filing Fee is Paid)(slss, Deputy Clerk) Modified on 4/27/2020 (slss, Deputy Clerk). (Entered: 04/27/2020)

April 27, 2020 RECAP
36

USCA Case Number 20-1495 for 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle - Case Manager - Cathi Bennett (slss, Deputy Clerk) (Entered: 04/28/2020)

April 28, 2020 RECAP
37

TRANSCRIPT ORDER ACKNOWLEDGMENT by Leaders of a Beautiful Struggle for proceedings held on Telephone motion hearing of 04/21/2020 before Judge Bennett, re 34 Notice of Interlocutory Appeal - Transcript due by 4/30/2020. (Court Reporter; Christine Asif)(slss, Deputy Clerk) (Entered: 04/28/2020)

April 28, 2020 RECAP
38

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 4/21/2020, before Judge Richard D. Bennett, re 34 Notice of Interlocutory Appeal Court Reporter Christine Asif, Telephone number 410-962-4492. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Does this satisfy all appellate orders for this reporter? - Y. Redaction Request due 5/19/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020.(ca, Court Reporter) (Entered: 04/28/2020)

April 28, 2020 PACER
39

NOTICE of Appearance by Kara K Lynch on behalf of Baltimore Police Department, Michael S Harrison (Lynch, Kara) (Entered: 04/30/2020)

April 30, 2020 PACER
40

(WITHDRAWN PER ECF NO. 57)MOTION to Dismiss for Failure to State a Claim by Baltimore Police Department, Michael S Harrison (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Lynch, Kara) Modified on 8/23/2021 (kb3s, Deputy Clerk). (Entered: 08/12/2020)

1 Memorandum in Support

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2 Exhibit

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3 Text of Proposed Order

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Aug. 12, 2020 RECAP
41

Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Dismiss for Failure to State a Claim by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle. (Attachments: # 1 Text of Proposed Order)(Rocah, David) (Entered: 08/14/2020)

1 Text of Proposed Order

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Aug. 14, 2020 PACER
42

ORDER granting 41 Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Dismiss for Failure to State a Claim. Signed by Judge Richard D. Bennett on 8/17/2020. (kw2s, Deputy Clerk) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
43

MOTION to Withdraw as Attorney on behalf of Alexia Ramirez by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle(Rocah, David) (Entered: 09/03/2020)

Sept. 3, 2020 RECAP
44

ORDER Approving 43 MOTION to Withdraw as Attorney on behalf of Alexia Ramirez. Attorney Alexia Ramirez terminated. Signed by Judge Richard D. Bennett on 9/3/2020. (kw2s, Deputy Clerk) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
45

JUDGMENT of USCA (certified copy) "Affirming" the judgment of the District Court as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (Attachments: # 1 Opinion)(slss, Deputy Clerk) (Entered: 11/06/2020)

1 Opinion

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Nov. 6, 2020 RECAP
46

Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Dismiss for Failure to State a Claim by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle. (Attachments: # 1 Text of Proposed Order)(Rocah, David) (Entered: 11/11/2020)

1 Text of Proposed Order

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Nov. 11, 2020 PACER
47

ORDER granting 46 Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Dismiss for Failure to State a Claim. Signed by Judge Richard D. Bennett on 11/12/2020. (kw2s, Deputy Clerk) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
48

STAY OF MANDATE of USCA as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle. (slss, Deputy Clerk) (Entered: 11/20/2020)

Nov. 20, 2020 RECAP
49

ORDER of USCA"Granting" rehearing en banc as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (slss, Deputy Clerk) (Entered: 12/22/2020)

Dec. 22, 2020 RECAP
50

(ELECTRONICALLY FILED IN ERROR)ORDER of USCA "Granting" rehearing en banc as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (slss, Deputy Clerk) Modified on 12/22/2020 (slss, Deputy Clerk). (Entered: 12/22/2020)

Dec. 22, 2020 PACER
51

ORDER of USCA "Granting" the motion by Rachel A. Simmonsen to withdraw fromfurther representation on appeal as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (slss, Deputy Clerk) (Entered: 06/10/2021)

June 10, 2021 PACER
52

JUDGMENT of USCA (certified copy) "Reversing" the judgment of the District Court and "Remanding" to the District Court for further proceedings consistent with the Court's decision as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle. (Attachments: # 1 Opinion)(slss, Deputy Clerk) (Entered: 06/25/2021)

June 25, 2021 PACER
53

MANDATE of USCA as to 34 Notice of Interlocutory Appeal filed by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (jb5, Deputy Clerk) (Entered: 07/16/2021)

July 16, 2021 PACER
54

Consent MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (Attachments: # 1 Text of Proposed Order)(Gorski, Ashley) (Entered: 07/29/2021)

July 29, 2021 PACER
55

ORDER granting 54 Consent MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss. Signed by Judge Richard D. Bennett on 7/29/2021. (kw2s, Deputy Clerk) (Entered: 07/29/2021)

July 29, 2021 PACER
56

Consent MOTION to Withdraw Without Prejudice Motion to Dismiss (ECF No. 40), Joint MOTION to Stay Proceedings by Baltimore Police Department, Michael S Harrison (Attachments: # 1 Text of Proposed Order)(Lynch, Kara) (Entered: 08/20/2021)

Aug. 20, 2021 RECAP
57

ORDER granting 56 Consent MOTION to Withdraw Without Prejudice Motion to Dismiss (ECF No. 40), Joint MOTION to Stay Proceedings. Signed by Judge Richard D. Bennett on 8/23/2021. (kb3s, Deputy Clerk) (Entered: 08/23/2021)

Aug. 23, 2021 PACER
58

MOTION for Preliminary Injunction by Erricka Bridgeford, Kevin James, Leaders of a Beautiful Struggle (Attachments: # 1 Text of Proposed Order)(Gorski, Ashley) (Entered: 08/25/2021)

Aug. 25, 2021 PACER
59

RESPONSE in Opposition re 58 MOTION for Preliminary Injunction filed by Baltimore Police Department, Michael S Harrison. (Attachments: # 1 Text of Proposed Order)(Lynch, Kara) (Entered: 09/08/2021)

Sept. 8, 2021 PACER
60

MEMORANDUM AND ORDER granting 58 Motion for Preliminary Injunction. Signed by Judge Richard D. Bennett on 11/29/2021. (kb3s, Deputy Clerk)

Nov. 29, 2021 RECAP
61

ORDER re:Telephone Conference. Signed by Judge Richard D. Bennett on 11/29/2021. (kb3s, Deputy Clerk) (Entered: 11/30/2021)

Nov. 29, 2021 PACER

Telephone Status Conference held on 12/2/2021. NOT on the record before Judge Richard D. Bennett. (kb3s, Deputy Clerk)

Dec. 2, 2021 PACER
62

STATUS REPORT JOINT STATUS REPORT by Baltimore Police Department, Michael S Harrison(Lynch, Kara) (Entered: 12/17/2021)

Dec. 17, 2021 RECAP

State / Territory: Maryland

Case Type(s):

Policing

Key Dates

Filing Date: April 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A grassroots think-tank that advances the policy interests of black people in the Baltimore, Maryland community and two individual activists from Baltimore.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Baltimore Police Department (Baltimore , Baltimore City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Warrant/order for search or seizure

Issues

General:

Search policies