Case: Crane v. Fort Wayne

1:20-cv-00240 | U.S. District Court for the Northern District of Indiana

Filed Date: June 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2020, three individuals filed this lawsuit in the U.S. District Court for the Northern District of Indiana. The suit arose out of the protests that swept the nation following the police killing of George Floyd in May of 2020. The suit alleged that Fort Wayne Police Officers used chemical weapons, flash bang grenades, and rubber bullets on individuals peacefully protesting. They brought suit against the City of Fort Wayne and the Allen County Sheriff, arguing that these actions const…

On June 26, 2020, three individuals filed this lawsuit in the U.S. District Court for the Northern District of Indiana. The suit arose out of the protests that swept the nation following the police killing of George Floyd in May of 2020. The suit alleged that Fort Wayne Police Officers used chemical weapons, flash bang grenades, and rubber bullets on individuals peacefully protesting. They brought suit against the City of Fort Wayne and the Allen County Sheriff, arguing that these actions constituted a violation of 42 U.S.C. Section 1983. Specifically, plaintiffs claimed that these actions were violations of the First Amendment's guarantees of free speech, free assembly, and free petition. They also argued that the defendants used excessive force in violation of the Fourth Amendment. They sought declaratory relief, injunctive relief, and money damages, as well as attorney's fees and costs. Plaintiffs were represented by counsel from the ACLU of Indiana.

The case was assigned to Judge Holly A. Brady and Magistrate Judge Susan L. Collins on June 29. However, that same day Judge Brady recused herself and the case was reassigned to Judge Damon R. Leichty.

On July 2, 2020, plaintiffs submitted an amended complaint for declaratory and injunctive relief which added several individuals as plaintiffs along with two organizations: Black and Brown Liberation and the ACLU of Indiana. The legal claims and sought-after relief remained the same. That same day, plaintiffs submitted a motion for a preliminary injunction. The parties began to engage in preliminary discovery related to the motion for a preliminary injunction. The court set a hearing for October 15-16.

The plaintiffs amended the complaint again on August 28, 2020. They voluntarily dismissed one of the individual plaintiffs and also dismissed the Allen Country Sheriff as a defendant. The defendants agreed to the dismissal, and the parties stipulated that the City of Fort Wayne did not need to file an additional answer to the amended complaint.

As the hearing on the preliminary injunction neared, the plaintiffs then filed a motion to withdraw the motion for a preliminary injunction and to vacate the hearing on October 1, 2020. The court granted the motion the next day. As discovery seemed to continue, the plaintiffs also stipulated to a dismissal of their claims seeking injunctive or declaratory relief but retained their damages actions.

As of May 23, 2022, the case appears to be ongoing.

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/17296733/parties/crane-v-city-of-fort-wayne/


Judge(s)

Collins, Susan L. (Indiana)

Leichty, Damon Ray None (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Pactor, Steve J (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Copeland, Beth A (Indiana)

Cowgur, Anne L. (Indiana)

Feighner, J Spencer (Indiana)

Friend, Joshua C (Indiana)

Helton, Carol T. (Indiana)

Judge(s)

Collins, Susan L. (Indiana)

Leichty, Damon Ray None (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Pactor, Steve J (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Copeland, Beth A (Indiana)

Cowgur, Anne L. (Indiana)

Feighner, J Spencer (Indiana)

Friend, Joshua C (Indiana)

Helton, Carol T. (Indiana)

Henry, Adam Matthew (Indiana)

Storer, Theodore T (Indiana)

Documents in the Clearinghouse

Document

1:20-cv-00240

Docket [PACER]

Crane v. City of Fort Wayne

Oct. 2, 2020

Oct. 2, 2020

Docket
1

1:20-cv-00240

Complaint for Declaratory and Injunctive Relief and Damages

Crane v. City of Fort Wayne

June 26, 2020

June 26, 2020

Complaint
7

1:20-cv-00240

First Amended Complaint for Declaratory and Injunctive Relief and Damages

Black & Brown Liberation v. City of Fort Wayne

July 2, 2020

July 2, 2020

Complaint
35

1:20-cv-00240

Stipulation to Amend Complaint to Dismiss Certain Claims and Parties

Black & Brown Liberation v. City of Fort Wayne

Aug. 28, 2020

Aug. 28, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17296733/crane-v-city-of-fort-wayne/

Last updated May 28, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-4264088.), filed by TAYLOR RAYMOND CRANE, MATT CARMER, KENDALL DIMOND. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 06/26/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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June 26, 2020

June 26, 2020

PACER
2

NOTICE of Appearance by Kenneth J Falk on behalf of All Plaintiffs (Falk, Kenneth) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
3

NOTICE of Appearance by Gavin M Rose on behalf of All Plaintiffs (Rose, Gavin) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
4

NOTICE of Appearance by Stevie J Pactor on behalf of All Plaintiffs (Pactor, Stevie) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

**NEW CASE** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (nae)

June 29, 2020

June 29, 2020

PACER
5

Summons Issued as to Allen County Sheriff, City of Fort Wayne. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nae) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
6

ORDER: Pursuant to 28 U.S.C. ยง 455, the undersigned recuses herself from this case. Pursuant to 28 U.S.C. ยง 137 and Local Rule 40-1(f)(2)(A), the Clerk of this Court is hereby directed to reassign this matter to Judge Damon R. Leichty for all further proceedings. Signed by Judge Holly A. Brady on 6/29/2020. (lhc) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

Add and Terminate Judges

June 29, 2020

June 29, 2020

PACER
7

AMENDED COMPLAINT for Declaratory and Injunctive Relief and Damages (First) against All Defendants, filed by Kendall Dimond, Taylor Raymond Crane, Matt Carmer, Janet Badia, Emma Baker, Ben Schoch, Amanda Joseph, Alisha Rauch, Nancy Virtue, Nicole Labossier, Skyler Darnell, Black & Brown Liberation, Kayla Harrington, Indiana Civil Liberties Union, Inc., d/b/a ACLU of Indiana, Francisco Navarro.(Falk, Kenneth) Modified on 7/6/2020 (bas). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
8

NOTICE of Appearance by Kenneth J Falk on behalf of All Plaintiffs (Falk, Kenneth) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
9

Corporate Disclosure Statement by Indiana Civil Liberties Union, Inc., d/b/a ACLU of Indiana. (Falk, Kenneth) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
10

NOTICE of Appearance by Gavin M Rose on behalf of All Plaintiffs (Rose, Gavin) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
11

NOTICE of Appearance by Stevie J Pactor on behalf of All Plaintiffs (Pactor, Stevie) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
12

*WITHDRAWN pursuant to 47 Order dated 10/2/2020* MOTION for Preliminary Injunction and Status Conference to Discuss Scheduling by Plaintiffs Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., d/b/a ACLU of Indiana, Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue. (Falk, Kenneth) Modified on 7/6/2020 (bas). Modified on 10/2/2020 (bas). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
13

NOTICE of Appearance by Anne L Cowgur on behalf of City of Fort Wayne (Cowgur, Anne) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
14

NOTICE of Appearance by Beth A Copeland on behalf of City of Fort Wayne (Copeland, Beth) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
15

NOTICE of Appearance by Adam Matthew Henry on behalf of City of Fort Wayne (Henry, Adam) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
16

NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Sheriff (Feighner, J) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
17

NOTICE of Appearance by John O Feighner on behalf of Allen County Sheriff (Feighner, John) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
18

NOTICE of Hearing: Telephonic Status Conference set for 7/9/2020 10:00 AM (EST) in US District Court - South Bend before Judge Damon R Leichty to discuss briefing schedule for 12 motion for preliminary injunction. Dial-in instructions to be provided to the parties via email. (dk) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Notice of Hearing/Deadlines

July 7, 2020

July 7, 2020

PACER
19

NOTICE of Appearance by Joshua C Friend on behalf of Allen County Sheriff (Friend, Joshua) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
20

TELEPHONIC STATUS CONFERENCE held on 7/9/2020 before Judge Damon R Leichty. Pla appeared by attys Falk, Rose. Dft appeared by attys Feighner, Feighner, Henry, Cowgur, Copeland, Friend, Storer. After discussions, the court established briefing schedule, deadlines and hearings. Written order to follow. (Court Reporter D. Bonk.) (dk) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Telephone Conference

July 9, 2020

July 9, 2020

PACER
21

NOTICE of Appearance by Theodore T Storer on behalf of City of Fort Wayne (Storer, Theodore) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
22

ORDER: The parties agreed to begin discovery immediately, and the court ordered the following schedule: All initial written discovery requests must be issued on or by 7/16/2020 with the responses due on or by 7/30/2020. The parties must respond to any other written discovery within fourteen days after electronic service. Witness lists must be exchanged between the parties on or by 7/23/2020 as outlined. The parties must exchange any opening expert report pertaining to the preliminary injunction request on or before 8/20/2020. Any rebuttal or supplement to these reports must be exchanged on or by 9/3/2020. The plaintiffs' brief, including any declarations and supporting documentary evidence, must be filed on or before 8/20/2020. The defendants' brief, including any declarations and supporting documentary evidence, must be filed on or before 9/24/2020. The parties may file an oversized brief up to 45 pages. All depositions related to the preliminary injunction request must be completed by 9/17/2020 as outlined. The parties must file their final witness lists and a joint exhibit list with the court on or by 9/29/2020. All exhibits must be exchanged by this date. The court set a two-day evidentiary hearing in Fort Wayne, Indiana for October 15-16, 2020 at 9:30 AM. Signed by Judge Damon R Leichty on 7/13/2020. (bas) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
23

ANSWER to 7 Amended Complaint, by Allen County Sheriff.(Feighner, J) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
24

AGREED NOTICE to extend time to file answer filed by City of Fort Wayne ; answer due by August 24, 2020. (Copeland, Beth) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
25

MOTION to Dismiss claims against all defendants by Plaintiff Alisha Rauch. (Pactor, Stevie) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
26

MOTION Modify Scheduling Order (Unopposed) by Plaintiffs Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue. (Falk, Kenneth) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
27

ORDER re 26 MOTION to Modify Scheduling Order. The court MODIFIES its preliminary injunction schedule as follows: The parties must exchange any opening expert report pertaining to the preliminary injunction request on or before 8/27/2020. Any rebuttal or supplement to these reports must be exchanged on or by 9/10/2020. The plaintiffs' brief, including any declarations and supporting documentary evidence, must be filed on or before 8/27/2020. The defendants' brief, including any declarations and supporting documentary evidence, must be filed on or before 10/1/2020. The parties may file an oversized brief up to 45 pages. All depositions related to the preliminary injunction request must be completed by 9/24/2020. The parties must work together to ensure the prompt scheduling of depositions in compliance with this order's timing and after exchange of their respective witness lists. The parties must file their final witness lists and a joint exhibit list with the court on or by 10/5/2020. The plaintiff's reply brief must be filed on or by 10/9/2020. All materials must be served electronically to facilitate immediate receipt. The provisions of Fed. R. Civ. P. 26(e) will apply in recognition of the expedited nature of this pre-hearing work. To facilitate an efficient resolution to the motion for preliminary injunction, the court limits all preliminary discovery to the issues concerning injunctive relief and not damages. The parties are encouraged to resolve all discovery disputes without the court's assistance consistent with the Federal Rules of Civil Procedure; but, in the event they can't, the parties must contact the court so that it may promptly schedule a telephonic hearing to address the issue, without filing any motion to compel. This provision doesnt apply to third-party discovery. The two-day evidentiary hearing remains set in Fort Wayne, Indiana for October 15-16, 2020 at 9:30 a.m. The court may modify this schedule at any time for good cause. Signed by Judge Damon R Leichty on 8/13/2020. (bas) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
28

NOTICE of Appearance by Carol T Helton on behalf of City of Fort Wayne (Helton, Carol) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
29

ANSWER to 7 Amended Complaint, by City of Fort Wayne.(Cowgur, Anne) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
30

TELEPHONE CONFERENCE held on 8/25/2020 before Judge Damon R Leichty. Pla appeared by attys Falk, Rose, Pactor. Dft appeared by attys Cowgur, Feighner, Feighner, Helton, Henry. Conference held to discuss discovery issue. Written order to follow. (Court Reporter D. Bonk.) (dk) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Telephone Conference

Aug. 25, 2020

Aug. 25, 2020

PACER
31

ORDER: The court ORDERS the five plaintiffs, Taylor Crane, Kendall Dimond, Skyler Darnell, Ben Schoch, and Francisco Navarro, to appear in person for their depositions as outlined. All counsel must communicate with each other no later than August 28, 2020 to identify who will be attending these depositions. For the defendants' other depositions, the court ORDERS the parties to conduct the depositions remotely, with the witness appearing in person with a court reporter and videographer only, unless the parties otherwise stipulate. Plaintiff Amanda Joseph may not be deposed until after September 7, 2020. Signed by Judge Damon R Leichty on 8/26/2020. (bas) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
32

NOTICE by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue re 12 MOTION for Preliminary Injunction and Status Conference to Discuss Scheduling of Evidence Submitted in Support (Attachments: # 1 Exhibit 1: Deposition of Chief S. Reed, # 2 Exhibit 2: Deposition of Lt. K. Zelt, # 3 Exhibit 3: Deposition of Lt. J. Bowers, # 4 Exhibit 4: City 30(b)(6) dep exhibits, # 5 Exhibit 5: Deposition of Sheriff D. Gladieux, # 6 Exhibit 6: Affidavit of V. Rios-Prokop, # 7 Exhibit 7: Affidavit of J. Henegar, # 8 Exhibit 8: Affidavit of N. Labossier, # 9 Exhibit 9: Affidavit of K. Dimond, # 10 Exhibit 10: Affidavit of T. Crane, # 11 Exhibit 11: Affidavit of M. Carmer, # 12 Exhibit 12: Affidavit of B. Schoch, # 13 Exhibit 13: Affidavit of J. Badia, # 14 Exhibit 14: Affidavit of E. Baker, # 15 Exhibit 15: Affidavit of N. Virtue, # 16 Exhibit 16: Affidavit of S. Darnell, # 17 Exhibit 17: Affidavit of A. Joseph, # 18 Exhibit 18: Affidavit of F. Navarro, # 19 Exhibit 19: Affidavit of K. Harrington, # 20 Exhibit 20: Affidavit of B. Brake, # 21 Exhibit 21: Affidavit of M. Geiger, # 22 Exhibit 22: Affidavit of D. Kuntz, # 23 Exhibit 23: Affidavit of A. DeVinney-Stoner, # 24 Exhibit 24: Affidavit of E. Lurks, # 25 Exhibit 25: Affidavit of T. Brown, # 26 Exhibit 26: Affidavit of T. Hollister, # 27 Exhibit 27: Affidavit of C. Cramer, # 28 Exhibit 28: Affidavit of A. Stombaugh, # 29 Exhibit 29: Affidavit of E. Case, # 30 Exhibit 30: Expert Report of R. Clark)(Pactor, Stevie) (Entered: 08/27/2020)

1 Exhibit 1: Deposition of Chief S. Reed

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2 Exhibit 2: Deposition of Lt. K. Zelt

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3 Exhibit 3: Deposition of Lt. J. Bowers

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4 Exhibit 4: City 30(b)(6) dep exhibits

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5 Exhibit 5: Deposition of Sheriff D. Gladieux

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6 Exhibit 6: Affidavit of V. Rios-Prokop

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7 Exhibit 7: Affidavit of J. Henegar

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8 Exhibit 8: Affidavit of N. Labossier

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9 Exhibit 9: Affidavit of K. Dimond

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10 Exhibit 10: Affidavit of T. Crane

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11 Exhibit 11: Affidavit of M. Carmer

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12 Exhibit 12: Affidavit of B. Schoch

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13 Exhibit 13: Affidavit of J. Badia

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14 Exhibit 14: Affidavit of E. Baker

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15 Exhibit 15: Affidavit of N. Virtue

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16 Exhibit 16: Affidavit of S. Darnell

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17 Exhibit 17: Affidavit of A. Joseph

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18 Exhibit 18: Affidavit of F. Navarro

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19 Exhibit 19: Affidavit of K. Harrington

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20 Exhibit 20: Affidavit of B. Brake

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21 Exhibit 21: Affidavit of M. Geiger

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22 Exhibit 22: Affidavit of D. Kuntz

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23 Exhibit 23: Affidavit of A. DeVinney-Stoner

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24 Exhibit 24: Affidavit of E. Lurks

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25 Exhibit 25: Affidavit of T. Brown

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26 Exhibit 26: Affidavit of T. Hollister

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27 Exhibit 27: Affidavit of C. Cramer

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28 Exhibit 28: Affidavit of A. Stombaugh

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29 Exhibit 29: Affidavit of E. Case

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30 Exhibit 30: Expert Report of R. Clark

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Aug. 27, 2020

Aug. 27, 2020

PACER
33

NOTICE OF MANUAL FILING of Manually Filed Videos by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue (Pactor, Stevie) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
34

MEMORANDUM in Support of 12 MOTION for Preliminary Injunction and Status Conference to Discuss Scheduling filed by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue. (Pactor, Stevie) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
35

STIPULATION to Amend Complaint to Dismiss Certain Claims and Parties by Plaintiffs Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue. (Falk, Kenneth) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
36

RECEIPT of 33 Manual Filing (a thumb drive containing all videos listed in Notice). (lhc) (Entered: 09/02/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Receipt

Sept. 2, 2020

Sept. 2, 2020

PACER
37

ORDER: The court GRANTS Ms. Rauch's motion to dismiss her claims 25 and DISMISSES her as a named plaintiff and all her claims against the defendants, without prejudice. The court ACCEPTS the parties' stipulation 35 and DISMISSES all claims against Allen County Sheriff with the parties to bear their costs and fees under Fed. R. Civ. P. 41(a)(1)(A)(ii). The amended complaint 7 remains the plaintiffs' operable pleading, save paragraphs 102-123 of the amended complaint referring to Ms. Rauch's allegations. Signed by Judge Damon R Leichty on 9/3/2020. (bas) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
38

MOTION for Extension of Time to File / Modify Scheduling Order by Defendant City of Fort Wayne. (Henry, Adam) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
39

ORDER granting 38 Motion for Extension of Time to File: For good cause shown, the court GRANTS the defendant's motion to modify scheduling order (ECF 38 ) and ORDERS the parties to exchange their supplemental expert reports on or by Friday, September 18, 2020. All other deadlines in the court's scheduling order (ECF 27 ) remain operable. Text-only order by Judge Damon R Leichty on 9/11/20. (dk) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion for Extension of Time to File

Sept. 11, 2020

Sept. 11, 2020

PACER
40

NOTICE by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Alisha Rauch, Ben Schoch, Nancy Virtue of Filing of Executed Version of Aff. of F. Navarro (Attachments: # 1 Exhibit (Aff. of F. Navarro - Executed))(Rose, Gavin) (Entered: 09/13/2020)

1 Exhibit (Aff. of F. Navarro - Executed)

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Sept. 13, 2020

Sept. 13, 2020

PACER
41

NOTICE OF MANUAL FILING of Schoch Video Exh. A - Replaced by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Ben Schoch, Nancy Virtue (Rose, Gavin) (Entered: 09/13/2020)

Sept. 13, 2020

Sept. 13, 2020

PACER
42

MOTION Substitute Exh. A to Aff. of B. Schoch by Plaintiffs Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Ben Schoch, Nancy Virtue. (Rose, Gavin) (Entered: 09/13/2020)

Sept. 13, 2020

Sept. 13, 2020

PACER
43

RECEIPT of 41 NOTICE OF MANUAL FILING of Schoch Video Exh. A - Replaced by Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Ben Schoch, Nancy Virtue (2 USBs). (lhc) (Entered: 09/18/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER

Receipt

Sept. 18, 2020

Sept. 18, 2020

PACER
44

ORDER for Magistrate Judge Susan Collins: 42 Plaintiffs' Motion to Substitute Exhibit A to Affidavit of Ben Schoch is granted. The video exhibit titled "Schoch Video Exh. A - Replaced 43 is to be substituted for the previously filed video exhibit titled "Schoch Video Exh." 40 . Text entry order. (mr) Modified on 9/29/2020 to correct DE (mr). (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER

Order on Motion for Miscellaneous Relief

Sept. 29, 2020

Sept. 29, 2020

PACER
45

MOTION for Extension of Time to File Response/Reply, MOTION for Preliminary Injunction and Certain Case Management Deadlines by Defendant City of Fort Wayne. (Cowgur, Anne) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
46

MOTION to Withdraw Motion for Preliminary Injunction and to Vacate Hearing (UNOPPOSED) by Plaintiffs Janet Badia, Emma Baker, Black & Brown Liberation, Matt Carmer, Taylor Raymond Crane, Skyler Darnell, Kendall Dimond, Kayla Harrington, Indiana Civil Liberties Union, Inc., Amanda Joseph, Nicole Labossier, Francisco Navarro, Ben Schoch, Nancy Virtue. (Falk, Kenneth) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
47

ORDER: The court GRANTS the plaintiffs' motion to withdraw their preliminary injunction motion 46 ; DIRECTS the clerk's office to show plaintiffs' motion for preliminary injunction WITHDRAWN 12 ; VACATES the preliminary injunction hearing scheduled for October 15-16, 2020 22 ; and DENIES as MOOT the defendant's motion for extension of time to file its response and modify other case management deadlines 45 . Signed by Judge Damon R Leichty on 10/2/2020. (bas) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
48

Dismiss

Dec. 1, 2021

Dec. 1, 2021

PACER
49

Order on Motion to Dismiss

Dec. 3, 2021

Dec. 3, 2021

RECAP
50

Stipulation to Dismiss

May 27, 2022

May 27, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: June 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Fifteen plaintiffs, including two organizations: ACLU of Indiana and Black and Brown Liberation.

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 Fort Wayne (Fort Wayne), City

Allen County Sheriff (Allen), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Petitions clause

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

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Excessive force

Pepper/OC spray

Type of Facility:

Government-run