Case: Black Lives Matter D.C. v. Trump

1:20-cv-01469 | U.S. District Court for the District of District of Columbia

Filed Date: June 4, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

Black Lives Matter - D.C. and several individual protestors brought this lawsuit on June 4, 2020, in the U.S. District Court for the District of D.C. in response to President Trump's use of military police to disperse peaceful protesters in Lafayette Square Park on June 1, 2020. Protesters had gathered as part of the nationwide outcry following the police killing of George Floyd. Around 6:30 in the evening, following an order to clear the square from Attorney General Barr, military and federal …

Black Lives Matter - D.C. and several individual protestors brought this lawsuit on June 4, 2020, in the U.S. District Court for the District of D.C. in response to President Trump's use of military police to disperse peaceful protesters in Lafayette Square Park on June 1, 2020. Protesters had gathered as part of the nationwide outcry following the police killing of George Floyd. Around 6:30 in the evening, following an order to clear the square from Attorney General Barr, military and federal police forces used tear gas, pepper spray capsules, rubber bullets, and flash bombs to disperse the protesters in order to clear the path for President Trump to walk to nearby St. John's Church for a photo-op.

The plaintiffs were represented by attorneys from Washington Lawyers' Committee for Civil Rights and Urban Affairs, ACLU D.C., Lawyers Committee for Civil Rights Under the Law, and private counsel. Named defendants included President Donald Trump, Attorney General William Barr, and Secretary of Defense Mark Esper, as well as the heads of several military and law enforcement agencies. The plaintiffs also sued unnamed officers, members, and agents of the U.S. Park Police, the U.S. Secret Service, the U.S. Armed Forces, the Arlington County Police Department, and other federal and non-federal law enforcement agencies. The complaint alleged violations of the First Amendment, Fourth Amendment, 42 U.S.C. 1985(3) (conspiracy to deprive rights), and 42 U.S.C. 1986 (failure to prevent conspiracy to deprive rights). The plaintiffs sought declaratory and injunctive relief; compensatory and punitive damages, including damages for pain and suffering; and attorney's fees.

The case was assigned to Judge Dabney L. Friedrich. On June 9, 2020, the plaintiffs filed an amended complaint that sought class certification, added an individual plaintiff, and added Michael Carvajal (Director of the Federal Bureau of Prisons) as a defendant. The plaintiffs brought the action on behalf of themselves and two classes of individuals: 1) an injunctive relief class and 2) a personal injury class.

A second amended complaint was filed two months later. This amended complaint added two individual plaintiffs. It also removed General James McConville, Chief of Staff of the United States Army, as a defendant and added the Chief of the Metropolitan Police Department of the District of Columbia and unnamed Metropolitan Police Department officers. It also added First and Fourth Amendments claims under 42 U.S.C. 1983.

On August 19, 2020, Judge Friedrich ordered the parties in this case and Buchanan v. Trump to propose a consolidated briefing schedule or to explain why briefing should not be consolidated given the similar factual and legal questions in each case. The following day, the plaintiffs filed a motion for class certification.

The plaintiffs filed a third amended complaint on September 3, identifying a number of individual law enforcement officers as defendants. In the following months, the defendants filed a number of motions to dismiss. On June 21, 2021, the court granted in part and denied in part these motions to dismiss. All of the claims were dismissed except for a First Amendment claim against federal defendants seeking an injunction against restricted access to Lafayette Park and First Amendment claims based on restriction of speech and retaliation against individual defendants seeking damages. 544 F. Supp. 3d 15.

The court granted a stay on July 14, 2021, to allow the parties to engage in settlement talks. On April 13, 2022, a partial settlement in the case was reached when the Biden Administration agreed to make changes to U.S. Park Police and Secret Service policies related to policing demonstrations. The settlement required the Park Police to, among other things, show a “clear and present danger to the public safety” before revoking demonstration permits and to enable safe withdrawal of demonstrators if a protest is being dispersed.

The court entered partial final judgment pursuant to the settlement on May 16, 2022, but the settlement did not resolve claims for damages, which the court agreed to stay pending an interlocutory appeal based on the court’s June 21, 2021, decision to dismiss the Bivens claims for damages against Attorney General Barr and other individual federal defendants. Judge Friedrich certified the issue to the U.S. Court of Appeals for the D.C. Circuit, which accepted jurisdiction.

The DC Circuit consolidated the appeal of this case with Buchanan v. Barr and, on June 23, 2023, affirmed the lower court’s dismissal of the Bivens claims against the federal defendants. The court held that a Bivens action was precluded because the protesters’ actions implicated national security. The court explained that Supreme Court precedent established Lafayette Park as a special site for First Amendment activity because of its location in the nation’s capital and of the important need for law enforcement to protect the safety of the President. 71 F.4th 1003.

Following this decision, the plaintiffs moved in the district court for leave to amend their complaint. On March 13, 2024, the court granted the plaintiffs’ motions for leave to amend in part and denied it in part. The court allowed the plaintiffs to add new factual allegations to the complaint, including to name defendants previously sued as John Does, and to add 1) a Federal Tort Claims Act claim for damages against the US and 2) DC law claims against the federal damages defendants. The plaintiffs were not permitted to add other claims that would essentially involve relitigating previously decided issues. 720 F.Supp.3d 1.

The plaintiffs filed their amended complaint on April 12, 2024. The US subsequently sought to use Westfall certification to substitute itself for the federal defendants as to the DC law claims. The plaintiffs objected, but on July 4, 2024, the court held that the Westfall Act allowed the US to replace the individual federal defendants.

On August 19, 2024, the plaintiffs moved for class certification and the US moved to dismiss the case. As of January 2025, these motions are pending. 

Summary Authors

Jack Hibbard (8/4/2020)

Rachel Harrington (4/21/2021)

Justin Hill (9/2/2021)

Robin Peterson (5/25/2023)

Samantha Houghton (1/3/2025)

Related Cases

Buchanan v. Trump, District of District of Columbia (2020)

Roth v. Trump; Kavanagh v. Trump, District of District of Columbia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17224294/parties/black-lives-matter-dc-v-trump/


Judge(s)
Attorney for Plaintiff

Ago, Arthur (District of Columbia)

Aiken, Matthew Guice (District of Columbia)

Alhadi, Nadia Kathryn (District of Columbia)

Attorney for Defendant

Attorney, Mark B.

Attorney, Ryan Carson

Expert/Monitor/Master/Other
Attorney for Plaintiff

Ago, Arthur (District of Columbia)

Aiken, Matthew Guice (District of Columbia)

Alhadi, Nadia Kathryn (District of Columbia)

Banias, Bradley Bruce (District of Columbia)

Banner, Kaitlin Rose (District of Columbia)

Baron, Noah (District of Columbia)

Brody, David (District of Columbia)

Brown, Tristin (District of Columbia)

Champion, Anne M. (District of Columbia)

Copeland, Zachary B. (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Crain, Lee Ross (District of Columbia)

Cutler, David G. (District of Columbia)

Denerstein, Mylan L. (District of Columbia)

Director, Jon M. (District of Columbia)

Esquire, John A. (District of Columbia)

Farrell, Naima Lillian (District of Columbia)

Freedman, John A. (District of Columbia)

Gonzalez, Joseph A. (District of Columbia)

Gordon, Arusha (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Hennessey, Joseph Aloysius (District of Columbia)

Kouba, David E (District of Columbia)

Lagan, Emily Catherine (District of Columbia)

LeSavage, Amanda (District of Columbia)

Lieberman, Hannah E. M. (District of Columbia)

Marquart, Katherine Michelle (District of Columbia)

Martin, John BlairFishwick (District of Columbia)

Mastro, Randy M. (District of Columbia)

McSorley, Thomas Dallas (District of Columbia)

Michelman, Scott (District of Columbia)

Mullen, Hannah (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Regan, Patrick Michael (District of Columbia)

Reiss, Amalia (District of Columbia)

Smith, Johnathan James (District of Columbia)

Snyder, Orin Samuel (District of Columbia)

Spitzer, Arthur (District of Columbia)

SUBRAMANIAM, DENISE (District of Columbia)

Tabriz, Sonia (District of Columbia)

THALEN, ELIZABETH (District of Columbia)

THALEN, MICHAEL R. (District of Columbia)

Wasden, Jonathan D. (District of Columbia)

Williams, Greta B. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:20-cv-01469

1:20-cv-01517

1:20-cv-01623

1:20-cv-01542

1:20-cv-02163

1:20-cv-01622

1:20-cv-03682

Docket [PACER]

Aug. 25, 2021

Aug. 25, 2021

Docket
1

1:20-cv-01469

Complaint

June 4, 2020

June 4, 2020

Complaint
11

1:20-cv-01469

First Amended Class Action Complaint

June 9, 2020

June 9, 2020

Complaint
52

1:20-cv-01469

Third Amended Class Action Complaint

Sept. 3, 2020

Sept. 3, 2020

Complaint
160

1:20-cv-01469

Memorandum Opinion

June 21, 2021

June 21, 2021

Order/Opinion

544 F.Supp.3d 15

165

1:20-cv-01469

1:20-cv-01542

1:20-cv-02163

1:20-cv-01622

Memorandum Opinion

Aug. 25, 2021

Aug. 25, 2021

Order/Opinion
181

1:20-cv-01469

Stipulation of Dismissal

April 13, 2022

April 13, 2022

Pleading / Motion / Brief
182-1

1:20-cv-01469

Settlement Agreement Between Plaintiffs and the United States of America

April 13, 2022

April 13, 2022

Settlement Agreement
184

1:20-cv-01469

Plaintiffs’ Unopposed Motion for Entry of Partial Final Judgment or for Certification of Interlocutory Appeal

April 20, 2022

April 20, 2022

Pleading / Motion / Brief
185

1:20-cv-01469

Order

May 16, 2022

May 16, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17224294/black-lives-matter-dc-v-trump/

Last updated July 29, 2026, 6:12 a.m.

ECF Number Date Description Link
1 June 4, 2020

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7196327) filed by BLACK LIVES MATTER DC, TONI SANDERS, KEARA SCALLAN, J.N.C., GARRETT BOND, KISHON MCDONALD. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Civil Cover Sheet)(Banner, Kaitlin) (Entered: 06/04/2020)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Civil Cover Sheet

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2 June 4, 2020

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BLACK LIVES MATTER DC (Banner, Kaitlin) (Entered: 06/04/2020)

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3 June 4, 2020

NOTICE of Appearance by Scott Michelman on behalf of BLACK LIVES MATTER DC, GARRETT BOND, J.N.C., KISHON MCDONALD, TONI SANDERS, KEARA SCALLAN (Michelman, Scott) (Entered: 06/04/2020)

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4 June 4, 2020

SUMMONS (8) Issued Electronically as to WILLIAM P. BARR, MARK ESPER, JAMES C. MCCONVILLE, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER, and U.S. Attorney (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/04/2020)

1 Notice and Consent

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5 June 4, 2020

NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Entered: 06/04/2020)

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6 June 4, 2020

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 06/04/2020)

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7 June 4, 2020

NOTICE of Appearance by John Arak Freedman on behalf of All Plaintiffs (Freedman, John) (Entered: 06/04/2020)

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June 4, 2020

Case Assigned to Judge Dabney L. Friedrich. (zsb)

8 June 5, 2020

NOTICE of Appearance by Thomas Dallas McSorley on behalf of All Plaintiffs (McSorley, Thomas) (Entered: 06/05/2020)

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9 June 5, 2020

NOTICE of Appearance by Dennis A. Corkery on behalf of BLACK LIVES MATTER D.C., GARRETT BOND, J.N.C., KISHON MCDONALD, TONI SANDERS, KEARA SCALLAN (Corkery, Dennis) (Entered: 06/05/2020)

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10 June 6, 2020

NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 06/06/2020)

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11 June 9, 2020

AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants with Jury Demand filed by BLACK LIVES MATTER D.C., TONI SANDERS, KEARA SCALLAN, J.N.C., GARRETT BOND, KISHON MCDONALD, LIA POTEET. (Attachments: # 1 Summons)(Banner, Kaitlin) (Entered: 06/09/2020)

1 Summons

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12 June 9, 2020

SUMMONS (1) Issued Electronically as to MICHAEL D. CARVAJAL. (eg) (Entered: 06/09/2020)

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13 June 17, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/11/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/10/2020. (Freedman, John) (Entered: 06/17/2020)

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14 June 17, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 6/15/2020 (Freedman, John) (Entered: 06/17/2020)

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15 June 22, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 6/17/2020 (Freedman, John) (Entered: 06/22/2020)

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16 June 24, 2020

NOTICE of Appearance by David Ryan Brody on behalf of All Plaintiffs (Brody, David) (Entered: 06/24/2020)

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17 June 29, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ESPER served on 6/16/2020 (Freedman, John) (Entered: 06/29/2020)

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18 June 29, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 6/22/2020 (Freedman, John) (Entered: 06/29/2020)

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19 June 29, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL D. CARVAJAL served on 6/15/2020 (Freedman, John) (Entered: 06/29/2020)

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20 July 8, 2020

MOTION for Leave to File Second Amended Complaint by BLACK LIVES MATTER D.C., GARRETT BOND, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN (Attachments: # 1 Redline of proposed amended complaint, # 2 Proposed Second Amended Complaint, # 3 Text of Proposed Order)(Michelman, Scott) (Entered: 07/08/2020)

1 Redline of proposed amended complaint

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2 Proposed Second Amended Complaint

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3 Text of Proposed Order

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21 Aug. 3, 2020

NOTICE of Appearance by Sonia Tabriz on behalf of All Plaintiffs (Tabriz, Sonia) (Entered: 08/03/2020)

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22 Aug. 4, 2020

NOTICE of Appearance by Christopher Charles Hair on behalf of WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Hair, Christopher) (Entered: 08/04/2020)

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23 Aug. 4, 2020

MOTION for Extension of Time to File Answer re 11 Amended Complaint, by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Hair, Christopher) (Entered: 08/04/2020)

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24 Aug. 4, 2020

NOTICE of Appearance by Noah Baron on behalf of All Plaintiffs (Baron, Noah) (Entered: 08/04/2020)

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25 Aug. 4, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 8/3/2020 (Tabriz, Sonia) (Entered: 08/04/2020)

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26 Aug. 5, 2020

RESPONSE re 23 MOTION for Extension of Time to File Answer re 11 Amended Complaint, filed by BLACK LIVES MATTER D.C., GARRETT BOND, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 08/05/2020)

1 Text of Proposed Order

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27 Aug. 5, 2020

MOTION for Discovery To Identify Unnamed Defendants by BLACK LIVES MATTER D.C., GARRETT BOND, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN (Attachments: # 1 Exhibit A (proposed early discovery), # 2 Exhibit B (proposed third party subpoena), # 3 Text of Proposed Order)(Michelman, Scott) (Entered: 08/05/2020)

1 Exhibit A (proposed early discovery)

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2 Exhibit B (proposed third party subpoena)

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3 Text of Proposed Order

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29 Aug. 5, 2020

Second AMENDED COMPLAINT against WILLIAM P. BARR, MICHAEL D. CARVAJAL, JOHN DOE 1-100, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, JOHN POE 1-20, DONALD J. TRUMP, WILLIAM J. WALKER, PETER NEWSHAM, JOHN ROES 1-50 with Jury Demand filed by GARRETT BOND, TONI SANDERS, J.N.C., KEARA SCALLAN, LIA POTEET, KISHON MCDONALD, E.X.F., DUSTIN FOLEY.(eg) (Entered: 08/06/2020)

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Aug. 5, 2020

MINUTE ORDER. Upon consideration of the plaintiffs' 20 Motion for Leave to File Second Amended Complaint, and the lack of opposition thereto, it is ORDERED that the motion is GRANTED. It is further ORDERED that the defendants' 23 Motion for Extension of Time is DENIED as moot. Finally, it is ORDERED that the defendants shall file, on or before August 12, 2020, any opposition to the plaintiffs' 27 Motion for Discovery; and the plaintiffs shall file, on or before August 17, 2020, any reply. So Ordered by Judge Dabney L. Friedrich on August 5, 2020. (lcdlf2)

Aug. 5, 2020

Set/Reset Deadlines: Responses due by 8/12/2020 Replies due by 8/17/2020. (zjch)

28 Aug. 6, 2020

REQUEST FOR SUMMONS TO ISSUE (3 summonses -- Newsham, D.C. Mayor, D.C. Att'y Gen.) re Order on Motion for Leave to File,,, Order on Motion for Extension of Time to Answer,, filed by BLACK LIVES MATTER D.C., GARRETT BOND, TONI SANDERS, J.N.C., KEARA SCALLAN, LIA POTEET, KISHON MCDONALD. Related document: Order on Motion for Leave to File,,, Order on Motion for Extension of Time to Answer,,. (Attachments: # 1 Summons, # 2 Summons)(Michelman, Scott) (Entered: 08/06/2020)

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30 Aug. 6, 2020

SUMMONS (3) Issued Electronically as to PETER NEWSHAM, District of Columbia Attorney General, and the District of Columbia Mayor. (eg) (Entered: 08/06/2020)

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31 Aug. 6, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM J. WALKER served on 8/3/2020 (Tabriz, Sonia) (Entered: 08/06/2020)

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32 Aug. 6, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES C. MCCONVILLE served on 6/15/2020 (Tabriz, Sonia) (Entered: 08/06/2020)

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33 Aug. 6, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GREGORY T. MONAHAN served on 6/15/2020 (Tabriz, Sonia) (Entered: 08/06/2020)

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34 Aug. 6, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES M. MURRAY served on 6/15/2020 (Tabriz, Sonia) (Entered: 08/06/2020)

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Aug. 6, 2020

Order on Motion for Extension of Time to Answer AND Order on Motion for Leave to File

Aug. 6, 2020

Set/Reset Deadlines

35 Aug. 11, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETER NEWSHAM served on 8/7/2020 (Tabriz, Sonia) (Entered: 08/11/2020)

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36 Aug. 12, 2020

NOTICE of Appearance by John BlairFishwick Martin on behalf of WILLIAM P. BARR (Martin, John) (Entered: 08/12/2020)

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37 Aug. 12, 2020

NOTICE of Appearance by David Gregory Cutler on behalf of WILLIAM P. BARR (Cutler, David) (Entered: 08/12/2020)

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38 Aug. 12, 2020

Memorandum in opposition to re 27 MOTION for Discovery To Identify Unnamed Defendants filed by WILLIAM P. BARR. (Martin, John) (Entered: 08/12/2020)

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39 Aug. 12, 2020

Memorandum in opposition to re 27 MOTION for Discovery To Identify Unnamed Defendants filed by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Hair, Christopher) (Entered: 08/12/2020)

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40 Aug. 12, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 08/07/2020. (Tabriz, Sonia) (Entered: 08/12/2020)

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41 Aug. 12, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/7/2020. Answer due for ALL D.C. DEFENDANTS by 8/28/2020. (Tabriz, Sonia) (Entered: 08/12/2020)

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42 Aug. 12, 2020

Memorandum in opposition to re 27 MOTION for Discovery To Identify Unnamed Defendants filed by PETER NEWSHAM, JOHN ROES 1-50. (Attachments: # 1 Text of Proposed Order)(Heath, Brendan) (Entered: 08/12/2020)

1 Text of Proposed Order

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43 Aug. 17, 2020

REPLY to opposition to motion re 27 MOTION for Discovery To Identify Unnamed Defendants and to stay Defendants' response deadline, filed by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN. (Spitzer, Arthur) (Entered: 08/17/2020)

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44 Aug. 17, 2020

NOTICE of filing Revised Proposed Order (Exhibit C) to Motion for Early Discovery by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN re 43 Reply to opposition to Motion, (Attachments: # 1 Exhibit C: Revised Proposed Order)(Spitzer, Arthur) (Entered: 08/17/2020)

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45 Aug. 17, 2020

ERRATA attaching correct attachments to Plaintiffs' Reply in Support of their Motion for Early Discovery by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN 27 MOTION for Discovery To Identify Unnamed Defendants filed by TONI SANDERS, BLACK LIVES MATTER D.C., J.N.C., LIA POTEET, KEARA SCALLAN, GARRETT BOND, KISHON MCDONALD. (Attachments: # 1 Exhibit C to Motion for Early Discovery: Revised proposed discovery to District of Columbia, # 2 Revised proposed order)(Spitzer, Arthur) (Entered: 08/17/2020)

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46 Aug. 19, 2020

ORDER denying the plaintiffs' 27 Motion for Limited Early Discovery. See text for details. Signed by Judge Dabney L. Friedrich on August 19, 2020. (lcdlf2) (Entered: 08/19/2020)

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Aug. 19, 2020

MINUTE ORDER. Given that cases 20-cv-1469 and 20-cv-1542 appear to raise common questions of law and fact, the Court directs the parties in both cases to confer and file, on or before August 24, 2020, a proposed consolidated briefing schedule, or explain to the Court why briefing schedules should not be consolidated pursuant to Federal Rule of Civil Procedure 42(a). Signed by Judge Dabney L. Friedrich on August 19, 2020. (lcdlf2)

Aug. 19, 2020

Set/Reset Deadlines: Proposed Briefing Schedule due by 8/24/2020 (zjch)

Aug. 19, 2020

Set/Reset Deadlines: Status Report due by 9/2/2020 (zjch)

Aug. 19, 2020

.Order

47 Aug. 20, 2020

MOTION to Certify Class [PLAINTIFFS' MOTION FOR CLASS CERTIFICATION] by GARRETT BOND, DUSTIN FOLEY, KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN (Attachments: # 1 Memorandum in Support, # 2 Declaration of David E. Kouba, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Text of Proposed Order)(Kouba, David) (Entered: 08/20/2020)

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Aug. 21, 2020

NOTICE OF ERROR re 47 Motion to Certify Class; emailed to david.kouba@arnoldporter.com, cc'd 32 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password. (zeg, )

48 Aug. 24, 2020

RESPONSE TO ORDER OF THE COURT re Order, (Joint Response to the Court's August 19, 2020 Order) filed by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Attachments: # 1 Text of Proposed Order)(Hair, Christopher) (Entered: 08/24/2020)

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Aug. 24, 2020

MINUTE ORDER. Upon consideration of the parties' 48 Response to the Court's August 19, 2020 Order, it is hereby ORDERED that the plaintiffs shall file any motion to amend the complaint on or before September 1, 2020. It is further ORDERED that on or before October 1, 2020, the defendants shall file their motions to dismiss the complaint; on or before November 19, 2020, the plaintiffs shall file their oppositions; and on or before December 17, 2020, the defendants shall file any reply. So Ordered by Judge Dabney L. Friedrich on August 24, 2020. (lcdlf2)

Aug. 24, 2020

Set/Reset Deadlines: Dispositive Motions due by 10/1/2020. Response to Dispositive Motions due by 11/19/2020. Reply to Dispositive Motions due by 12/17/2020. Motion to Amend due by 9/1/2020. (zjch)

Aug. 24, 2020

.Order

Aug. 25, 2020

Set/Reset Deadlines

49 Aug. 26, 2020

Consent MOTION to Stay re 47 MOTION to Certify Class [PLAINTIFFS' MOTION FOR CLASS CERTIFICATION] by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Hair, Christopher) (Entered: 08/26/2020)

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50 Sept. 1, 2020

MOTION for Leave to File Third Amended Complaint by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN (Attachments: # 1 Redline of proposed amended complaint, # 2 Proposed Third Amended Complaint, # 3 Text of Proposed Order)(Michelman, Scott) (Entered: 09/01/2020)

1 Redline of proposed amended complaint

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2 Proposed Third Amended Complaint

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3 Text of Proposed Order

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51 Sept. 2, 2020

NOTICE of Appearance by Duane Gordon Blackman on behalf of PETER NEWSHAM (Blackman, Duane) (Entered: 09/02/2020)

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52 Sept. 3, 2020

Third AMENDED COMPLAINT against All Defendants with Jury Demand filed by E.X.F., DUSTIN FOLEY, KEARA SCALLAN, LIA POTEET, KISHON MCDONALD, BLACK LIVES MATTER D.C., GARRETT BOND, TONI SANDERS, J.N.C..(eg) (Entered: 09/04/2020)

Clearinghouse
Sept. 3, 2020

MINUTE ORDER. Upon consideration of the plaintiffs' 50 Motion for Leave to File Third Amended Complaint, it is ORDERED that the motion is GRANTED. The plaintiffs' [50-2] Third Amended Complaint shall be accepted for filing. Signed by Judge Dabney L. Friedrich on September 3, 2020. (lcdlf2)

Sept. 3, 2020

MINUTE ORDER. Upon consideration of the defendants' 49 Motion to Stay the plaintiffs' 47 Motion for Class Certification, it is ORDERED that the defendants' 49 Motion is GRANTED. The defendants shall respond to the plaintiffs' 47 Motion for Class Certification within 30 days of the Court's resolution of the defendants' forthcoming motions to dismiss. Signed by Judge Dabney L. Friedrich on September 3, 2020. (lcdlf2)

53 Sept. 9, 2020

REQUEST FOR SUMMONS TO ISSUE re 52 Amended Complaint filed by E.X.F., DUSTIN FOLEY, KEARA SCALLAN, LIA POTEET, KISHON MCDONALD, BLACK LIVES MATTER D.C., GARRETT BOND, TONI SANDERS, J.N.C.. Related document: 52 Amended Complaint filed by TONI SANDERS, BLACK LIVES MATTER D.C., J.N.C., E.X.F., KEARA SCALLAN, DUSTIN FOLEY, LIA POTEET, KISHON MCDONALD, GARRETT BOND. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons)(Michelman, Scott) (Entered: 09/09/2020)

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54 Sept. 9, 2020

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on September 9, 2020. (lcdlf2) (Entered: 09/09/2020)

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55 Sept. 10, 2020

SUMMONS (14) Issued Electronically as to MARK ADAMCHIK, ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, C.W. MEYER, C.J. MURPHY, T.C. PAYNE, DANIEL M. THAU, WAYNE VINCENT, ANTHONY A. WILLIS, District of Columbia Attorney General, and the District of Columbia Mayor., SUMMONS Issued Electronically as to MARK ADAMCHIK, ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, C.W. MEYER, C.J. MURPHY, T.C. PAYNE, DANIEL M. THAU, WAYNE VINCENT, ANTHONY A. WILLIS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(eg) (Entered: 09/10/2020)

1 Notice and Consent

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56 Sept. 18, 2020

MOTION TO REQUIRE FURTHER IDENTIFICATION OF DEFENDANTS OR, IN THE ALTERNATIVE, FOR ISSUANCE OF SUMMONSES by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN (Attachments: # 1 Text of Proposed Order)(Michelman, Scott). Added MOTION to Issue Summons on 9/21/2020 (znmw). (Entered: 09/18/2020)

1 Text of Proposed Order

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57 Sept. 21, 2020

NOTICE of FILING REVISED PROPOSED ORDER by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN re 56 MOTION TO REQUIRE FURTHER IDENTIFICATION OF DEFENDANTS OR, IN THE ALTERNATIVE, FOR ISSUANCE OF SUMMONSES (Attachments: # 1 Text of Proposed Order as Revised)(Michelman, Scott) (Entered: 09/21/2020)

1 Text of Proposed Order as Revised

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58 Sept. 22, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ADAMCHIK served on 9/16/2020 (Attachments: # 1 Affidavit of Service on USAODC)(Michelman, Scott) (Entered: 09/22/2020)

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59 Sept. 22, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WAYNE VINCENT served on 9/15/2020, answer due 10/6/2020 (Michelman, Scott) (Entered: 09/22/2020)

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60 Sept. 25, 2020

WAIVER OF SERVICE. FIRST NAME UNKNOWN TAYLOR waiver sent on 9/23/2020, answer due 11/22/2020. (Tabriz, Sonia) (Entered: 09/25/2020)

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61 Sept. 25, 2020

WAIVER OF SERVICE. FIRST NAME UNKNOWN HARGROVE waiver sent on 9/23/2020, answer due 11/22/2020. (Tabriz, Sonia) (Entered: 09/25/2020)

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62 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTHONY ALIOTO served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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63 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTHONY A. WILLIS served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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64 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. S. BUCHANAN served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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65 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. C.W. MEYER served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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66 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. C.J. MURPHY served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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67 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL M. THAU served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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68 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEFFERY CARROLL served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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69 Sept. 25, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. T.C. PAYNE served on 9/23/2020 (Tabriz, Sonia) (Entered: 09/25/2020)

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70 Sept. 28, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/16/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/15/2020. (Michelman, Scott) (Entered: 09/28/2020)

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71 Sept. 29, 2020

Memorandum in opposition to re 56 MOTION TO REQUIRE FURTHER IDENTIFICATION OF DEFENDANTS OR, IN THE ALTERNATIVE, FOR ISSUANCE OF SUMMONSES MOTION to Issue Summons filed by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER. (Hair, Christopher) (Entered: 09/29/2020)

RECAP
72 Sept. 29, 2020

Memorandum in opposition to re 56 MOTION TO REQUIRE FURTHER IDENTIFICATION OF DEFENDANTS OR, IN THE ALTERNATIVE, FOR ISSUANCE OF SUMMONSES MOTION to Issue Summons filed by WILLIAM P. BARR. (Cutler, David) (Entered: 09/29/2020)

RECAP
73 Oct. 1, 2020

REPLY to opposition to motion re 56 MOTION TO REQUIRE FURTHER IDENTIFICATION OF DEFENDANTS OR, IN THE ALTERNATIVE, FOR ISSUANCE OF SUMMONSES MOTION to Issue Summons filed by BLACK LIVES MATTER D.C., GARRETT BOND, E.X.F., DUSTIN FOLEY, J.N.C., KISHON MCDONALD, LIA POTEET, TONI SANDERS, KEARA SCALLAN. (Michelman, Scott) (Entered: 10/01/2020)

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74 Oct. 1, 2020

NOTICE of Appearance by Sean Patrick Mahard on behalf of WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Mahard, Sean) (Entered: 10/01/2020)

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75 Oct. 1, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09-16-2020. (Michelman, Scott) (Entered: 10/01/2020)

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76 Oct. 1, 2020

MOTION to Dismiss All Individual Capacity Claims by WILLIAM P. BARR (Attachments: # 1 Text of Proposed Order)(Martin, John) (Entered: 10/01/2020)

1 Text of Proposed Order

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77 Oct. 1, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 09-24-2020. (Michelman, Scott) (Entered: 10/01/2020)

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78 Oct. 1, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 9/24/2020. Answer due for ALL D.C. DEFENDANTS by 10/15/2020. (Michelman, Scott) (Entered: 10/01/2020)

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79 Oct. 1, 2020

MOTION to Dismiss Plaintiffs' Claims Against Official Capacity Federal Defendants by WILLIAM P. BARR, MICHAEL D. CARVAJAL, MARK T. ESPER, GREGORY T. MONAHAN, JAMES M. MURRAY, DONALD J. TRUMP, WILLIAM J. WALKER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hair, Christopher) (Entered: 10/01/2020)

1 Memorandum in Support

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2 Text of Proposed Order

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80 Oct. 1, 2020

MOTION to Dismiss by ANTHONY ALIOTO, S. BUCHANAN, JEFFERY CARROLL, FIRST NAME UNKNOWN HARGROVE, C.W. MEYER, C.J. MURPHY, PETER NEWSHAM, T.C. PAYNE, FIRST NAME UNKNOWN TAYLOR, DANIEL M. THAU, ANTHONY A. WILLIS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Blackman, Duane) (Entered: 10/01/2020)

1 Memorandum in Support

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2 Text of Proposed Order

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81 Oct. 2, 2020

REQUEST FOR SUMMONS TO ISSUE re 52 Amended Complaint filed by E.X.F., DUSTIN FOLEY, KEARA SCALLAN, LIA POTEET, KISHON MCDONALD, BLACK LIVES MATTER D.C., GARRETT BOND, TONI SANDERS, J.N.C.. Related document: 52 Amended Complaint filed by TONI SANDERS, BLACK LIVES MATTER D.C., J.N.C., E.X.F., KEARA SCALLAN, DUSTIN FOLEY, LIA POTEET, KISHON MCDONALD, GARRETT BOND. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Michelman, Scott) (Entered: 10/02/2020)

RECAP
Oct. 2, 2020

MINUTE ORDER. Upon consideration of the plaintiffs' 56 Motion to Require Further Identification of Defendants or, in the Alternative, for Issuance of Summonses, it is ORDERED that the motion is GRANTED. Plaintiffs' request is exceedingly narrow and will not impose a significant burden on defendants. Accordingly, defendant Monahan is ORDERED to provide to plaintiffs' counsel the first and last names of the U.S. Park Police officers described in plaintiffs' Third Amended Complaint as [first name unknown] Seberling, helmet number A702, helmet number A704, helmet number A706, helmet number B714, helmet number C723, helmet number S735, arm patch number JD97, arm patch number LP71, and arm patch number SK10, on or before October 9, 2020. Defendant Newsham is ORDERED to provide to plaintiffs' counsel the first and last names of the D.C. Metropolitan Police officers described in plaintiffs' Third Amended Complaint as [first name unknown] Hargrove and [first name unknown] Taylor, on or before October 9, 2020. So Ordered by Judge Dabney L. Friedrich on October 2, 2020. (lcdlf3)

Oct. 2, 2020

Set/Reset Deadlines: List of selected DC Metropolitan Police officer names due by 10/9/2020. (zjch)

Oct. 2, 2020

Order on Motion to Issue Summons AND Order on Motion for Miscellaneous Relief

Case Details

State / Territory:

District of Columbia

Case Type(s):

Policing

Speech and Religious Freedom

Special Collection(s):

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Police Violence Protests

Key Dates

Filing Date: June 4, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Participants in the Washington D.C. protest in Lafayette Square Park on June 1st, 2020.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City

District of Columbia Metropolitan Police Department

Federal

Acting Chief of U.S. Park Police

Attorney General William Barr

Chief of Staff James McConville

Director James Murray

Mark Esper

President Donald Trump

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of District of Columbia 1:20-cv-01469

District of District of Columbia 1:20-cv-01517

District of District of Columbia 1:20-cv-01623

District of District of Columbia 1:20-cv-01542

District of District of Columbia 1:20-cv-02163

District of District of Columbia 1:20-cv-01622

District of District of Columbia 1:20-cv-03682

U.S. Court of Appeals for the District of Columbia Circuit 22-05139

U.S. Court of Appeals for the District of Columbia Circuit 22-05133

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Issues

General/Misc.:

Failure to supervise

Failure to train

Personal injury

Policing:

Excessive force

Pepper/OC Spray (policing)

Recommended Citation