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

1:20-cv-01469 | U.S. District Court for the 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 1st, 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 1st, 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.

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). 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, 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 an 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 19th, 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 3rd, 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

The court granted a stay on July 14, 2021 to allow the parties to engage in settlement talks. The case remains ongoing.

Summary Authors

Jack Hibbard (8/4/2020)

Rachel Harrington (4/21/2021)

Justin Hill (9/2/2021)

Related Cases

Buchanan v. Trump, District of Columbia (2020)

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

People

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


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Ago, Arthur (District of Columbia)

Banner, Kaitlin Rose (District of Columbia)

Baron, Noah (District of Columbia)

Brody, David (District of Columbia)

Brown, Tristin (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Cutler, David G. (District of Columbia)

Freedman, John A. (District of Columbia)

Gonzalez, Joseph A. (District of Columbia)

Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Ago, Arthur (District of Columbia)

Banner, Kaitlin Rose (District of Columbia)

Baron, Noah (District of Columbia)

Brody, David (District of Columbia)

Brown, Tristin (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Cutler, David G. (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)

Kouba, David E (District of Columbia)

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

Martin, John BlairFishwick (District of Columbia)

McSorley, Thomas Dallas (District of Columbia)

Michelman, Scott (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Smith, Johnathan James (District of Columbia)

Spitzer, Arthur (District of Columbia)

Tabriz, Sonia (District of Columbia)

Attorneys(s) for Defendant

Barr, William P. (District of Columbia)

Blackman, Duane Gordon (District of Columbia)

Corr, MinhChau Nguyen (Virginia)

Crowley, Daniel S (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Heath, Brendan Russell (District of Columbia)

Mahard, Sean Patrick (District of Columbia)

Samuel, Ryan Carson (Virginia)

Sobiecki, Richard P. (District of Columbia)

Zampogna, Christopher A (District of Columbia)

Other Attorney(s)

Gramont, Alexandre de (District of Columbia)

Hunt, Hyland (District of Columbia)

Klein, Eric Lawrence (Massachusetts)

Rottman, Gabriel (District of Columbia)

Spiva, Bruce V. (District of Columbia)

Townsend, KatieLynn (District of Columbia)

Documents in the Clearinghouse

Document

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
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
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

Resources

Docket

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

Last updated Aug. 9, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

June 4, 2020

June 4, 2020

PACER
1

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

View on RECAP

4 Summons

View on RECAP

5 Summons

View on RECAP

6 Summons

View on RECAP

7 Summons

View on PACER

8 Summons

View on PACER

9 Civil Cover Sheet

View on RECAP

June 4, 2020

June 4, 2020

Clearinghouse
2

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

June 4, 2020

June 4, 2020

RECAP
3

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)

June 4, 2020

June 4, 2020

RECAP

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

June 4, 2020

June 4, 2020

PACER
4

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

View on RECAP

June 4, 2020

June 4, 2020

RECAP
5

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

June 4, 2020

June 4, 2020

RECAP
6

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

June 4, 2020

June 4, 2020

RECAP
7

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

June 4, 2020

June 4, 2020

PACER
8

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

June 5, 2020

June 5, 2020

PACER
9

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)

June 5, 2020

June 5, 2020

PACER
10

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

June 6, 2020

June 6, 2020

PACER
11

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

View on RECAP

June 9, 2020

June 9, 2020

Clearinghouse
12

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

June 9, 2020

June 9, 2020

PACER
13

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)

June 17, 2020

June 17, 2020

PACER
14

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

June 17, 2020

June 17, 2020

PACER
15

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

June 22, 2020

June 22, 2020

PACER
16

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

June 24, 2020

June 24, 2020

PACER
17

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

June 29, 2020

June 29, 2020

RECAP
18

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

June 29, 2020

June 29, 2020

PACER
19

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

June 29, 2020

June 29, 2020

PACER
20

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

View on PACER

2 Proposed Second Amended Complaint

View on RECAP

3 Text of Proposed Order

View on RECAP

July 8, 2020

July 8, 2020

PACER
21

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

Aug. 3, 2020

Aug. 3, 2020

PACER
22

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)

Aug. 4, 2020

Aug. 4, 2020

PACER
23

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)

Aug. 4, 2020

Aug. 4, 2020

RECAP
24

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

Aug. 4, 2020

Aug. 4, 2020

PACER
25

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

Aug. 4, 2020

Aug. 4, 2020

PACER

Order on Motion for Leave to File

Aug. 5, 2020

Aug. 5, 2020

PACER

Set/Reset Deadlines

Aug. 5, 2020

Aug. 5, 2020

PACER
26

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

View on PACER

Aug. 5, 2020

Aug. 5, 2020

RECAP

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

Aug. 5, 2020

PACER
27

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)

View on PACER

2 Exhibit B (proposed third party subpoena)

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 5, 2020

Aug. 5, 2020

PACER

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

Aug. 5, 2020

Aug. 5, 2020

PACER
29

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)

Aug. 5, 2020

Aug. 5, 2020

RECAP
28

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)

Aug. 6, 2020

Aug. 6, 2020

PACER
30

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

Aug. 6, 2020

Aug. 6, 2020

PACER
31

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

Aug. 6, 2020

Aug. 6, 2020

PACER
32

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

Aug. 6, 2020

Aug. 6, 2020

PACER
33

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

Aug. 6, 2020

Aug. 6, 2020

PACER
34

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

Aug. 6, 2020

Aug. 6, 2020

PACER

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

Aug. 6, 2020

Aug. 6, 2020

PACER

Set/Reset Deadlines

Aug. 6, 2020

Aug. 6, 2020

PACER
35

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

Aug. 11, 2020

Aug. 11, 2020

PACER
36

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

Aug. 12, 2020

Aug. 12, 2020

RECAP
37

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

Aug. 12, 2020

Aug. 12, 2020

RECAP
38

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

Aug. 12, 2020

Aug. 12, 2020

RECAP
39

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)

Aug. 12, 2020

Aug. 12, 2020

RECAP
40

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)

Aug. 12, 2020

Aug. 12, 2020

RECAP
41

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)

Aug. 12, 2020

Aug. 12, 2020

RECAP
42

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

View on PACER

Aug. 12, 2020

Aug. 12, 2020

RECAP
43

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)

Aug. 17, 2020

Aug. 17, 2020

RECAP
44

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)

Aug. 17, 2020

Aug. 17, 2020

PACER
45

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)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order

Aug. 19, 2020

Aug. 19, 2020

PACER

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

Aug. 19, 2020

PACER

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

Aug. 19, 2020

Aug. 19, 2020

PACER

Set/Reset Deadlines

Aug. 19, 2020

Aug. 19, 2020

PACER
46

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)

Aug. 19, 2020

Aug. 19, 2020

RECAP

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

Aug. 19, 2020

Aug. 19, 2020

PACER

.Order

Aug. 19, 2020

Aug. 19, 2020

PACER
47

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)

Aug. 20, 2020

Aug. 20, 2020

RECAP

Notice of QC

Aug. 21, 2020

Aug. 21, 2020

PACER

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, )

Aug. 21, 2020

Aug. 21, 2020

PACER

Order

Aug. 24, 2020

Aug. 24, 2020

PACER

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

Aug. 24, 2020

PACER

Set/Reset Deadlines

Aug. 24, 2020

Aug. 24, 2020

PACER
48

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)

Aug. 24, 2020

Aug. 24, 2020

RECAP

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

Aug. 24, 2020

PACER

.Order

Aug. 24, 2020

Aug. 24, 2020

PACER

Set/Reset Deadlines

Aug. 25, 2020

Aug. 25, 2020

PACER
49

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)

Aug. 26, 2020

Aug. 26, 2020

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50

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

View on RECAP

2 Proposed Third Amended Complaint

View on RECAP

3 Text of Proposed Order

View on RECAP

Sept. 1, 2020

Sept. 1, 2020

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51

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

Sept. 2, 2020

Sept. 2, 2020

RECAP

Order on Motion for Leave to File

Sept. 3, 2020

Sept. 3, 2020

PACER

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

Sept. 3, 2020

PACER

Order on Motion to Stay

Sept. 3, 2020

Sept. 3, 2020

PACER

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)

Sept. 3, 2020

Sept. 3, 2020

PACER
52

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)

Sept. 3, 2020

Sept. 3, 2020

Clearinghouse
53

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)

Sept. 9, 2020

Sept. 9, 2020

PACER
54

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

Sept. 9, 2020

Sept. 9, 2020

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55

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

View on PACER

Sept. 10, 2020

Sept. 10, 2020

PACER
56

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

View on RECAP

Sept. 18, 2020

Sept. 18, 2020

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57

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

View on PACER

Sept. 21, 2020

Sept. 21, 2020

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58

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)

Sept. 22, 2020

Sept. 22, 2020

PACER
59

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)

Sept. 22, 2020

Sept. 22, 2020

PACER
60

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

Sept. 25, 2020

Sept. 25, 2020

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61

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

Sept. 25, 2020

Sept. 25, 2020

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62

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

Sept. 25, 2020

Sept. 25, 2020

PACER
63

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

Sept. 25, 2020

Sept. 25, 2020

PACER
64

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

Sept. 25, 2020

Sept. 25, 2020

PACER
65

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

Sept. 25, 2020

Sept. 25, 2020

PACER
66

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

Sept. 25, 2020

Sept. 25, 2020

PACER
67

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

Sept. 25, 2020

Sept. 25, 2020

PACER
68

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

Sept. 25, 2020

Sept. 25, 2020

PACER
69

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

Sept. 25, 2020

Sept. 25, 2020

PACER
70

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)

Sept. 28, 2020

Sept. 28, 2020

RECAP
71

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)

Sept. 29, 2020

Sept. 29, 2020

PACER
72

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)

Sept. 29, 2020

Sept. 29, 2020

PACER
73

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)

Oct. 1, 2020

Oct. 1, 2020

PACER
74

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)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 4, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are participants in the Washington D.C. protest in Lafayette Square Park on June 1st, 2020. They sought class certification, but that has not been granted as of this writing (April 21, 2021).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

President Donald Trump (District of Columbia, District of Columbia), Federal

Attorney General William Barr (District of Columbia, District of Columbia), Federal

Mark Esper (District of Columbia, District of Columbia), Federal

Acting Chief of U.S. Park Police (District of Columbia, District of Columbia), Federal

Director James Murray (District of Columbia, District of Columbia), Federal

Chief of Staff James McConville (District of Columbia, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Failure to supervise

Failure to train

Pepper/OC spray

Personal injury