Case: Indy 10 Black Lives Matter v. Indianapolis

1:20-cv-01660 | U.S. District Court for the Southern District of Indiana

Filed Date: June 18, 2020

Closed Date: Dec. 14, 2020

Clearinghouse coding complete

Case Summary

This lawsuit was filed on June 18, 2020 in the U.S. District Court for the Southern District of Indiana. The suit was filed in response to police tactics used to quell protests in Indianapolis that ensued following the police killing of George Floyd in May of 2020. Plaintiffs were Indy 10 Black Lives Matter (a Black Lives Matter chapter out of Indianapolis) and three individual plaintiffs. They were represented by attorneys from the ACLU of Indiana. The only defendant was the City of Indianapol…

This lawsuit was filed on June 18, 2020 in the U.S. District Court for the Southern District of Indiana. The suit was filed in response to police tactics used to quell protests in Indianapolis that ensued following the police killing of George Floyd in May of 2020. Plaintiffs were Indy 10 Black Lives Matter (a Black Lives Matter chapter out of Indianapolis) and three individual plaintiffs. They were represented by attorneys from the ACLU of Indiana. The only defendant was the City of Indianapolis.

The complaint alleged that Indianapolis police used stun grenades, tear gas, and pepper-balls against peaceful protesters, in addition to rubber bullets and police dogs. Plaintiffs alleged that these actions violated the plaintiffs' First Amendment rights to free speech and free assembly and their Fourth Amendment rights from excessive force. Plaintiffs sought declaratory relief, a preliminary and permanent injunction prohibiting defendants from interfering with peaceful protests, especially with excessive force. They also sought money damages and attorney's fees and costs.

The case was assigned to Judge Jane Magnus-Stinson and Magistrate Judge Doris L. Pryor. At the end of June, the court ordered a hearing for the preliminary injunction. Briefing on the motion for a preliminary injunction continued throughout July and August. In early September, the parties indicated that they were working with Magistrate Judge Pryor to try and reach a settlement.

On October 5, the parties reached a settlement, and shortly after, the plaintiffs withdrew their motion for a preliminary injunction. Under the settlement, the Indianapolis Metro Police Department ("IMPD") may only use force that is objectively reasonable and proportionate to the circumstances. No riot control agents that under City and IMPD policies require approval abuse would be used to deter protestors from going to another location, against protestors because elsewhere in the City there were unlawful activities taking place, and against protesters engaged in passive resistance. In addition, the settlement required IMPD to take reasonable measures to ensure announcements to disperse were heard by all and to announce the use of riot control agents.

The plaintiffs filed a stipulation of dismissal with prejudice on December 11, 2020, and the Court dismissed the case on December 14, 2020. This case is closed.

Summary Authors

Jack Hibbard (8/4/2020)

Emily Kempa (12/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17259572/parties/indy-10-black-lives-matter-v-city-of-indianapolis/


Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Pactor, Steve J (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Harrigan, Anne Celeste (Indiana)

Willfond, Adam Scott (Indiana)

Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Pactor, Steve J (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Harrigan, Anne Celeste (Indiana)

Willfond, Adam Scott (Indiana)

Documents in the Clearinghouse

Document

Docket

Dec. 14, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief and Individual Damages

Indy 10 Black Lives Matter v. City of Indianapolis

June 18, 2020 Complaint
5 & 5-1

Motion for Preliminary Injunction

Indy 10 Black Lives Matter v. City of Indianapolis

June 18, 2020 Pleading / Motion / Brief
21

Memorandum in Support of Motion for Preliminary Injunction

Indy 10 Black Lives Matter v. City of Indianapolis

July 10, 2020 Pleading / Motion / Brief
19-1 to 19-19

[Exhibits in Support of Motion for Preliminary Injunction ECF 5]

Indy 10 Black Lives Matter v. City of Indianapolis

July 10, 2020 Declaration/Affidavit

Settlement Agreement

No Court

Oct. 29, 2020 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17259572/indy-10-black-lives-matter-v-city-of-indianapolis/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief and Individual Damages against THE CITY OF INDIANAPOLIS, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-6038036) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Falk, Kenneth) (Entered: 06/18/2020)

1 Proposed Summons

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2 Civil Cover Sheet

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June 18, 2020 RECAP
2

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Falk, Kenneth) (Entered: 06/18/2020)

June 18, 2020 PACER
3

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Rose, Gavin) (Entered: 06/18/2020)

June 18, 2020 PACER
4

NOTICE of Appearance by Stevie Pactor on behalf of Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Pactor, Stevie) (Entered: 06/18/2020)

June 18, 2020 PACER
5

***WITHDRAWN PER 59 ORDER ON 10/07/2020*** MOTION for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 10/7/2020 (JDH). (Entered: 06/18/2020)

1 Text of Proposed Order

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June 18, 2020 PACER
8

SCHEDULING ORDER: Status Conference set for 6/24/2020 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss a schedule regarding the Motion for Preliminary Injunction [Dkt. 5 ]. Counsel for Plaintiffs is to serve this order on the Defendant on or before June 22, 2020. Signed by Magistrate Judge Doris L. Pryor on 6/18/2020.(SWM) (Entered: 06/19/2020)

June 18, 2020 PACER
6

Summons Issued as to CITY OF INDIANAPOLIS. (DJH) (Entered: 06/19/2020)

June 19, 2020 PACER
7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 06/19/2020)

June 19, 2020 PACER
10

PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) (Entered: 06/19/2020)

June 19, 2020 PACER
11

NOTICE of Appearance by Adam Scott Willfond on behalf of Defendant CITY OF INDIANAPOLIS. (Willfond, Adam) (Entered: 06/22/2020)

June 22, 2020 PACER
12

NOTICE of Appearance by Anne Celeste Harrigan on behalf of Defendant CITY OF INDIANAPOLIS. (Harrigan, Anne) (Entered: 06/24/2020)

June 24, 2020 PACER
13

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 24, 2020. The parties discussed the Motion for a Preliminary Injunction. A scheduling order will be filed by separate order. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/01/2020)

June 30, 2020 PACER
14

PRELIMINARY INJUNCTION SCHEDULING ORDER - The parties appeared by counsel telephonically for a Status Conference on June 24, 2020 pursuant to Rule 16 of the Federal Rules of Civil Procedure regarding the Plaintiffs' Motion for Preliminary Injunction, Dkt. [ 5 ]. The Court establishes the following schedule to prepare this matter for a hearing on that motion (see Order for established deadlines and additional information). Signed by Magistrate Judge Doris L. Pryor on 6/30/2020.(SWM) (Entered: 07/01/2020)

June 30, 2020 PACER
15

NOTICE of Service of Initial Disclosures, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Pactor, Stevie) (Entered: 07/08/2020)

July 8, 2020 PACER
16

Exhibit List (Preliminary), filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON, Witness List (Preliminary), filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Pactor, Stevie) (Entered: 07/08/2020)

July 8, 2020 PACER
17

NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF INDIANAPOLIS. (Willfond, Adam) (Entered: 07/08/2020)

July 8, 2020 PACER
18

Witness List --Preliminary, filed by Defendant CITY OF INDIANAPOLIS, Exhibit List --Preliminary, filed by Defendant CITY OF INDIANAPOLIS. (Willfond, Adam) (Entered: 07/08/2020)

July 8, 2020 PACER
19

NOTICE of Filing of Exhibits in Support of Motion for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit 1: Affidavit of Kyra Harvey, # 2 Exhibit 2: Affidavit of Bre Robinson, # 3 Exhibit 3: Affidavit of Asiah Bassett, # 4 Exhibit 4: Affidavit of Shaniece Lewis, # 5 Exhibit 5: Affidavit of Jacob Bower-Bir, # 6 Exhibit 6: Affidavit of Shelby Harper, # 7 Exhibit 7: Affidavit of Sara Lang, # 8 Exhibit 8: Affidavit of Caitlyn Parker, # 9 Exhibit 9: Affidavit of William Sipple, # 10 Exhibit 10: Affidavit of Brandon Arbuckle, # 11 Exhibit 11: Affidavit of Quinn Keitel, # 12 Exhibit 12: Affidavit of Robert Hart, # 13 Exhibit 13: Affidavit of Peter Oren, # 14 Exhibit 14: Affidavit of Sara Cooke, # 15 Exhibit 15: Affidavit of Ryan Bowling, # 16 Exhibit 16: Affidavit of Nicholas Hoagland, # 17 Exhibit 17: Affidavit of Matty Slaydon, # 18 Exhibit 18: Affidavit of Brandon Baker, # 19 Exhibit 19: Affidavit of Christopher Dance) (Pactor, Stevie) (Entered: 07/10/2020)

1 Exhibit 1: Affidavit of Kyra Harvey

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2 Exhibit 2: Affidavit of Bre Robinson

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3 Exhibit 3: Affidavit of Asiah Bassett

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4 Exhibit 4: Affidavit of Shaniece Lewis

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5 Exhibit 5: Affidavit of Jacob Bower-Bir

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6 Exhibit 6: Affidavit of Shelby Harper

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7 Exhibit 7: Affidavit of Sara Lang

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8 Exhibit 8: Affidavit of Caitlyn Parker

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9 Exhibit 9: Affidavit of William Sipple

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10 Exhibit 10: Affidavit of Brandon Arbuckle

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11 Exhibit 11: Affidavit of Quinn Keitel

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12 Exhibit 12: Affidavit of Robert Hart

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13 Exhibit 13: Affidavit of Peter Oren

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14 Exhibit 14: Affidavit of Sara Cooke

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15 Exhibit 15: Affidavit of Ryan Bowling

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16 Exhibit 16: Affidavit of Nicholas Hoagland

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17 Exhibit 17: Affidavit of Matty Slaydon

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18 Exhibit 18: Affidavit of Brandon Baker

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19 Exhibit 19: Affidavit of Christopher Dance

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July 10, 2020 PACER
20

NOTICE of Manual Filing re 19 NOTICE of Filing, 5 MOTION for Preliminary Injunction, filed by All Plaintiffs (Pactor, Stevie) (Entered: 07/10/2020)

July 10, 2020 PACER
21

BRIEF/MEMORANDUM in Support re 5 MOTION for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Pactor, Stevie) (Entered: 07/10/2020)

July 10, 2020 RECAP
22

NOTICE of Manual Filing - USB drive received re 20 NOTICE of Manual Filing, filed by ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON (JDH) (Entered: 07/15/2020)

July 13, 2020 PACER

Notice of Manual Filing

July 15, 2020 PACER
23

Unopposed MOTION for Extension of Time to File Response to August 17, 2020 re 5 MOTION for Preliminary Injunction, filed by Defendant CITY OF INDIANAPOLIS. (Attachments: # 1 Text of Proposed Order Granting motion)(Willfond, Adam) (Entered: 07/28/2020)

1 Text of Proposed Order Granting motion

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July 28, 2020 PACER
24

ORDER GRANTING EXTENSION OF TIME - The Defendant, by counsel, has moved the Court for an extension of time to file its response brief to the Plaintiffs' motion for preliminary injunction. This also necessitates extending the Plaintiffs' reply brief deadline. The Plaintiffs do not object to this motion. The Court finds that good cause exists to grant the Defendant's motion 23 . Accordingly, the Defendant's response brief is now due August 17, 2020, and the Plaintiffs' reply brief is now due August 24, 2020. Signed by Judge Jane Magnus-Stinson on 7/28/2020. (JDH) (Entered: 07/28/2020)

July 28, 2020 PACER
25

Defendant's ANSWER to 1 Complaint, filed by CITY OF INDIANAPOLIS.(Willfond, Adam) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
26

Witness List Updated and Supplemental, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON, Exhibit List Updated and Supplemental, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Falk, Kenneth) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
27

Witness List Updated, filed by Defendant CITY OF INDIANAPOLIS, Exhibit List Updated, filed by Defendant CITY OF INDIANAPOLIS. (Willfond, Adam) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
28

NOTICE of Error, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON, re 20 NOTICE of Manual Filing. (Pactor, Stevie) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
29

NOTICE of Evidentiary Submissions, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON (Attachments: # 1 Exhibit Barker Deposition - Part 1, # 2 Barker Deposition - Part 2, # 3 Barker Deposition - Part 3, # 4 Barker Deposition - Part 4, # 5 Exhibit Harvey Deposition, # 6 Exhibit Civil Unrest Incidents) (Falk, Kenneth) (Entered: 08/13/2020)

1 Exhibit Barker Deposition - Part 1

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2 Barker Deposition - Part 2

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3 Barker Deposition - Part 3

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4 Barker Deposition - Part 4

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5 Exhibit Harvey Deposition

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6 Exhibit Civil Unrest Incidents

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Aug. 13, 2020 PACER
30

NOTICE of Manual Filing re 29 Notice (Other), filed by All Plaintiffs (Falk, Kenneth) (Entered: 08/13/2020)

Aug. 13, 2020 PACER
31

NOTICE of Evidentiary Submission, filed by Defendant CITY OF INDIANAPOLIS (Attachments: # 1 Affidavit #1, # 2 Affidavit #2, # 3 Exhibit #3, # 4 Exhibit #4, # 5 Exhibit #5, # 6 Exhibit #6, # 7 Exhibit #7, # 8 Exhibit #8, # 9 Exhibit #9, # 10 Exhibit #10, # 11 Affidavit #11, # 12 Affidavit #12, # 13 Affidavit #13, # 14 Affidavit #14, # 15 Affidavit #15) (Willfond, Adam) (Entered: 08/13/2020)

1 Affidavit #1

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2 Affidavit #2

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3 Exhibit #3

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4 Exhibit #4

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5 Exhibit #5

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6 Exhibit #6

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7 Exhibit #7

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8 Exhibit #8

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9 Exhibit #9

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10 Exhibit #10

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11 Affidavit #11

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12 Affidavit #12

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13 Affidavit #13

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14 Affidavit #14

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15 Affidavit #15

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Aug. 13, 2020 PACER
32

NOTICE of Manual Filing re 31 Notice (Other), filed by CITY OF INDIANAPOLIS (Willfond, Adam) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
33

Unopposed MOTION for Leave to File Supplemental Evidentiary Submission, filed by Defendant CITY OF INDIANAPOLIS. (Attachments: # 1 Text of Proposed Order Granting motion)(Willfond, Adam) (Entered: 08/14/2020)

1 Text of Proposed Order Granting motion

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Aug. 14, 2020 PACER
34

Receipt of one USB drive re 32 NOTICE of Manual Filing, filed by CITY OF INDIANAPOLIS (Attachments: # 1 Notice of Manual Filing, # 2 Cover Letter) (JDH) (Entered: 08/14/2020)

1 Notice of Manual Filing

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2 Cover Letter

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Aug. 14, 2020 PACER
35

RECEIPT of one USB drive re 30 NOTICE of Manual Filing, filed by ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON (Attachments: # 1 Notice of Manual Filing, # 2 Envelope) (JDH) (Entered: 08/17/2020)

1 Notice of Manual Filing

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2 Envelope

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Aug. 17, 2020 PACER
36

ORDER GRANTING LEAVE TO SUPPLEMENT EVIDENTIARY SUBMISSION - The Defendant, City of Indianapolis, by counsel, moved the Court for leave to supplement its evidentiary submission [Dkt. 31] to include two additional exhibits which the Defendant's counsel was unable to timely submit due to file size and technological issues. Having considered the Defendant's motion, the Court now GRANTS 33 the same. Accordingly, the Defendant is permitted to supplement its evidentiary submission to include the two exhibits described in its motion in appropriately-sized files. Signed by Judge Jane Magnus-Stinson on 8/17/2020. (JDH) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
37

NOTICE of Supplemental Evidentiary Submission, filed by Defendant CITY OF INDIANAPOLIS, re 31 Notice (Other). (Attachments: # 1 Affidavit Supplemental Affidavit of Joshua Barker, # 2 Exhibit BlueTeam reports for May 29, 2020, # 3 Exhibit BlueTeam reports for May 30, 2020, # 4 Exhibit BlueTeam reports for May 31, 2020, # 5 Affidavit Affidavit of William Carter (with timeline exhibit attached), # 6 Exhibit Use of Force Case Reports for May 29, 2020, # 7 Exhibit Use of Force Case Reports for May 30, 2020, # 8 Exhibit Use of Force Case Reports for May 31, 2020) (Willfond, Adam) (Entered: 08/17/2020)

1 Affidavit Supplemental Affidavit of Joshua Barker

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2 Exhibit BlueTeam reports for May 29, 2020

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3 Exhibit BlueTeam reports for May 30, 2020

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4 Exhibit BlueTeam reports for May 31, 2020

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5 Affidavit Affidavit of William Carter (with timeline exhibit attached)

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6 Exhibit Use of Force Case Reports for May 29, 2020

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7 Exhibit Use of Force Case Reports for May 30, 2020

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8 Exhibit Use of Force Case Reports for May 31, 2020

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Aug. 17, 2020 PACER
38

Unopposed MOTION for Extension of Time to File Reply to August 31, 2020 re 5 MOTION for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/17/2020)

1 Text of Proposed Order

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Aug. 17, 2020 PACER
39

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction, filed by Defendant CITY OF INDIANAPOLIS. (Willfond, Adam) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
40

ORDER - Plaintiffs, having filed their Unopposed 38 Motion to Extend Time to File Reply Memorandum, and the Court having read the motion and being duly advised finds that good cause exists to grant the motion 38, and IT IS THEREFORE ORDERED that the time within which plaintiffs must file a reply memorandum in support of their 5 motion for preliminary injunction is extended to, and including, August 31, 2020. Signed by Judge Jane Magnus-Stinson on 8/18/2020.(NAD) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
41

Unopposed MOTION for Leave to File Excess Pages in Reply in Support of Motion for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/21/2020)

1 Text of Proposed Order

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Aug. 21, 2020 PACER
42

ORDER - This matter comes before the Court on the Plaintiffs' Unopposed Motion to File Oversized Reply in Support of Motion for Preliminary Injunction, Dkt. [ 41 ]. The Court, having considered the same and being duly advised, hereby GRANTS said Motion. Plaintiffs are permitted to file an oversized reply in support of the Motion for Preliminary Injunction that does not exceed twenty-five (25) pages. Signed by Magistrate Judge Doris L. Pryor on 8/25/2020.(SWM) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
43

REPLY in Support of Motion re 5 MOTION for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Rose, Gavin) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
44

ORDER SETTING HEARING - The Plaintiffs' Motion For Preliminary Injunction 5 is set for a hearing on September 15, 2020 at 9:30 a.m. in Courtroom 202, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Further direction concerning the hearing will provided in a separate entry. Signed by Judge Jane Magnus-Stinson on 8/26/2020.(JDH) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
45

SCHEDULING ORDER-TELEPHONIC Status Conference set for 9/2/2020 at 12:30 PM (Eastern) before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF System. Signed by Magistrate Judge Doris L. Pryor on 8/26/2020.(CBU) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
46

Joint MOTION for Continuance of Preliminary Injunction Hearing, filed by Defendant CITY OF INDIANAPOLIS. (Attachments: # 1 Text of Proposed Order Granting motion)(Willfond, Adam) (Entered: 08/27/2020)

1 Text of Proposed Order Granting motion

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Aug. 27, 2020 PACER
47

ENTRY SETTING TELEPHONIC STATUS CONFERENCE - The above cause is set for an attorney only telephonic status conference on September 3, 2020 at 9:30 a.m. The purpose of the conference is to discuss the Joint Motion for Continuance of Preliminary Injunction Hearing 46 . Call-in information for the telephonic status conference will be provided by separate entry. Signed by Judge Jane Magnus-Stinson on 8/28/2020.(JDH) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
50

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson. On September 3, 2020, the Court held a telephone conference. Plaintiffs Indy 10 Black Lives Matter, Bre Robinson, Asiah Bassett, and Shaniece Lewis were present by counsel Kenneth Falk, and Defendant the City of Indianapolis was present by counsel Adam Willfond. The Court reporter was Jean Knepley.The purpose of the telephone conference was to discuss the parties' Joint Motion to Continue and Reschedule Hearing, [Filing No. 46]. The Court advised the parties that an evidentiary hearing including live witness testimony would be necessary to resolve factual disputes concerning Plaintiffs' Motion for Preliminary Injunction, [Filing No. 5]. The parties represented that they are currently working with the Magistrate Judge to attempt to reach an agreed resolution to this matter.Accordingly, the parties' Joint Motion to Continue and Reschedule Hearing, 46, is GRANTED to the extent that the Court VACATES the preliminary injunction hearing presently scheduled for September 15, 2020. The parties are DIRECTED that, within 14 days after their upcoming settlement conference presently scheduled for September 25, 2020, they shall confer and file a joint report stating whether an agreed resolution was reached. If no resolution is reached, the parties shall indicate how they wish to proceed with the evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction, including how much time they estimate they will need to present evidence and whether they request that any witnesses be permitted to testify remotely. If necessary, the Court will schedule a hearing by separate order following the receipt of the parties' joint report. Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
51

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Parties appeared by telephone for a Status Conference on September 2, 2020. The parties reported on the status of and future plans for discovery and potential settlement conference. This matter is scheduled for a settlement conference on September 25, 2020 at 1:00 p.m. (Eastern), by telephone, before Magistrate Judge Doris L. Pryor. The parties shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
54

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on September 25, 2020. This matter is CONTINUED to October 5, 2020 at 11:30 a.m. (Eastern) by telephone. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 10/01/2020)

Sept. 30, 2020 PACER
57

ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within sixty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Doris L. Pryor on 10/5/2020.(SWM) (Entered: 10/06/2020)

Oct. 5, 2020 RECAP
58

MOTION to Withdraw Motion for Preliminary Injunction, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/06/2020)

1 Text of Proposed Order

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Oct. 6, 2020 PACER
59

ORDER - Plaintiffs, having filed their Motion to Withdraw Motion for Preliminary Injunction, and the Court having reviewed the motion 58, and being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that plaintiffs' Motion for Preliminary Injunction Dkt. 5 is WITHDRAWN. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 10/7/2020. (JDH) (Entered: 10/07/2020)

Oct. 7, 2020 PACER
60

Unopposed MOTION for Extension of Time to January 4, 2021 to File Dismissal Papers, filed by Plaintiffs ASIAH BASSETT, INDY 10 BLACK LIVES MATTER, SHANIECE LEWIS, BRE ROBINSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/29/2020)

1 Text of Proposed Order

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Nov. 29, 2020 PACER
61

ORDER - This matter comes before the Court on Plaintiffs' Unopposed Motion for Extension of Time to File Dismissal Papers, Dkt. 60 . The Court, being duly advised, hereby GRANTS said Motion. The parties shall have to and including January 4, 2021 to file dismissal documents. Signed by Magistrate Judge Doris L. Pryor on 12/3/2020.(NAD) (Entered: 12/04/2020)

Dec. 3, 2020 PACER
62

STIPULATION of Dismissal with Prejudice, as to Defendant CITY OF INDIANAPOLIS, filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/11/2020)

1 Text of Proposed Order

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Dec. 11, 2020 PACER
63

CLOSED DISMISSED - The parties having filed their Stipulation to Dismiss with Prejudice and the Court having reviewed the filing hereby acknowledges that this case is DISMISSED with prejudice, with each party to pay its own costs and attorneys' fees 62 . Signed by Judge Jane Magnus-Stinson on 12/14/2020. (MAC) (Entered: 12/14/2020)

Dec. 14, 2020 RECAP

State / Territory: Indiana

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: June 18, 2020

Closing Date: Dec. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indy 10 Black Lives Matter and 3 individuals

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

City of Indianapolis (Indianapolis), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Excessive force

Pepper/OC spray