Case: Carter v. City of Montgomery

2:15-cv-00555 | U.S. District Court for the Middle District of Alabama

Filed Date: Aug. 3, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff, individually and on behalf of indigent individuals who have been sentenced by the Montgomery Municipal Court to probation with Judicial Correction Services, Inc. (“JCS”) for failure to pay fines, filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama on August 3, 2015. Represented by private counsel, the plaintiff sued the City of Montgomery (“the City”) under 42 U.S.C. §§ 1983 and 1988. The plaintiff alleged that the City exceeded its autho…

The plaintiff, individually and on behalf of indigent individuals who have been sentenced by the Montgomery Municipal Court to probation with Judicial Correction Services, Inc. (“JCS”) for failure to pay fines, filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama on August 3, 2015. Represented by private counsel, the plaintiff sued the City of Montgomery (“the City”) under 42 U.S.C. §§ 1983 and 1988. The plaintiff alleged that the City exceeded its authority under Alabama law by requiring the municipal court to attach probation and fees to all court orders, even orders to pay fines. The plaintiff also alleged that the City violated the Fourth, Sixth, Eighth and Fourteenth Amendments by allowing JCS, a private party hired by the City, to imprison indigent offenders for failing to pay fines without giving them a hearing or effective assistance of counsel. Lastly, the plaintiff alleged that the attorney hired by the City to represent indigent defendants failed to provide adequate counsel. The plaintiff requested declaratory judgment and injunctive relief under 28 U.S.C. §§ 2201 and 2202 and demanded that the Court void the contract between the City and JCS. The plaintiff also asked the Court to enjoin the City from outsourcing fine collection and probation services to a private party. Finally, the plaintiff sought damages for himself and all class members. The case was assigned to Judge Royce C. Lamberth.

The plaintiffs alleged that the City’s policy and practice of imprisoning indigent offenders for failing to pay fines without considering offenders’ ability to pay created a debtor’s prison where indigent offenders were forced to “sit out” their fines. This scheme allegedly benefited JCS and certain court-appointed officials, including the attorney that represented the plaintiff, and began when the City hired JCS to run the City’s probation services and to collect fines and fees from offenders. To compel offenders to pay their fines, JCS employees purportedly threatened to revoke offenders’ probation. After collection, JCS distributed a portion of the proceeds to itself and directed the rest toward the adjudged fines. When offenders failed to pay, JCS was empowered to establish payment and reporting schedules, impose additional fines, and revoke probation, despite JCS’s clear financial stake in these decisions. The plaintiffs alleged that the City rarely examined whether the fees and probation periods JCS imposed exceeded their statutory maximums. Finally, the plaintiffs asserted that the City failed to provide offenders with adequate representation, especially during indigency hearings.

The plaintiff filed an amended complaint on September 14, 2015 that added JCS as a defendant, as well as JCS’s successor, Correctional Healthcare Companies, Inc. (“CHC”), and CHC’s parent company, CHC Companies, Inc. (“CHCC”). The amended complaint levied the same claims against the new parties and added a claim that the City and the JCS defendants engaged in racketeering under 18 U.S.C. 1962(a)–(d) by conspiring to use the municipal court’s authority and the City’s police power to extort money from the poor.

On March 10, 2017, the Court granted in part and denied in part defendants’ motions to dismiss. 2017 WL 957540. The Court noted the similarity between this case and several other cases involving the treatment of indigent persons in Alabama cities, most notably McCullough v. City of Montgomery. The Court indicated that its opinion should be read in conjunction with the opinion filed in that case and in similar cases before the Court. The Court preserved the plaintiff’s claims regarding denial of due process and Fourth, Sixth, Eighth, and Fourteenth Amendment violations but struck down the plaintiff’s racketeering claims. The Court also upheld the plaintiff’s request for declaratory and injunctive relief.

The plaintiff filed a second amended complaint on August 28, 2018. This complaint replaced the racketeering claims with “money had and received” claims, which alleged that the City and the JCS defendants exceeded their authority by requiring offenders to pay illegal and exorbitant fees. The complaint also added claims of false imprisonment against these same parties.

On March 29, 2019, the Court denied the plaintiff’s motions to certify the class and for partial summary judgment, finding that the plaintiff lacked standing to bring claims for declaratory and injunctive relief. The Court also found that the plaintiff’s claim for restitution was barred by the Rooker-Feldman doctrine, which prevents litigants from challenging state court orders in federal courts as a means of relitigating matters already decided by a court of competent jurisdiction. Accordingly, the Court found it lacked subject matter jurisdiction over the restitution claim and dismissed it.

On the same day, the Court also denied the City’s motion for judgment on the pleadings and granted the City’s motion to dismiss the money-had-and-received and false imprisonment claims. 2019 WL 1440284. In denying the City’s motion for judgment on the pleadings, the Court concluded that this case was distinct enough from McCullough v. City of Montgomery to allow the plaintiff his day in court. With regard to the money-had-and-received, the Court found that the plaintiff did not state a claim because he did not adequately allege that the City retained the fees JCS collected. Finally, the Court held that the City was immune from liability for the plaintiff’s false imprisonment claim.

Several months later, on December 20, 2019, the Court denied the plaintiff’s motion for leave to file a third amended complaint, finding that the plaintiff delayed in filing the complaint and that filing it would unduly prejudice the defendants. 2019 WL 7170449.

In an extensive memorandum filed on July 7, 2020, the Court resolved defendants' independent motions for summary judgment. 2020 WL 3799690. First, the Court granted the City’s motion regarding the alleged Fourth or Eighth Amendment violations. Second, the Court dismissed the plaintiff’s due process and equal protection claims that were based solely on the JCS-City contract or the alleged conspiracy between the City and JCS. Fourth, the Court found that the City was not liable for certain municipal court procedures. Finally, the Court partially granted the City’s motion on the due process, equal protection, and Sixth Amendment claims based on actions prior July 16, 2012, but denied the defendants' motion for all other due process, equal protection, and Sixth Amendment claims (which were the only remaining claims left after this order).

In the same order, the Court opined on claims pertaining to non-City defendants. The Court found that CHC was not liable for JCS’s activities and granted CHC’s motion for summary judgment. The Court also granted JCS’s motion regarding their alleged Fourth, Sixth, and Eighth Amendments violations and the money-had-and-received claim. The also Court found that JCS did not deny the plaintiff due process or equal protection as a result of alleged conspiracies between JCS and the City. The Court denied JCS’s motion as to all other aspects of the plaintiff’s due process, equal protection, Sixth Amendment, and false imprisonment claims. The Court denied the motion for summary judgment filed by the attorney hired by the City to represent indigent defendants.

This case remains ongoing.

Summary Authors

Becca Rogers (11/11/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4488859/parties/carter-v-the-city-of-montgomery/


Judge(s)

Doyle, Stephen Michael (Alabama)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Bailey, Leslie A. (California)

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Fehl, Kimberly Owens (Alabama)

Hardingham, Brian (California)

Marshall, Toby James (Washington)

Parrish, Alexandria (Alabama)

Attorneys(s) for Defendant

Brymer, Michael D. (Alabama)

Judge(s)

Doyle, Stephen Michael (Alabama)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Bailey, Leslie A. (California)

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Fehl, Kimberly Owens (Alabama)

Hardingham, Brian (California)

Marshall, Toby James (Washington)

Parrish, Alexandria (Alabama)

Attorneys(s) for Defendant

Brymer, Michael D. (Alabama)

Caldwell, Joel Thomas (Alabama)

Finch, Fredrick Lane Jr. (Alabama)

Gill, Richard Hamilton (Alabama)

Green, Wilson F. (Alabama)

Griffith, Jonathan (Alabama)

Holliday, Shannon L. (Alabama)

Jackson, Michael Stewart (Alabama)

Logsdon, Larry Stephen (Alabama)

Richardson, Brian C. (Alabama)

Segall, Robert D. (Alabama)

Winborn, Wesley Kyle (Alabama)

Documents in the Clearinghouse

Document

2:15-cv-00555

Docket [PACER]

Nov. 9, 2020

Nov. 9, 2020

Docket
1

2:15-cv-00555

Complaint

Aug. 3, 2015

Aug. 3, 2015

Complaint
18

2:15-cv-00555

First Amended and Restated Complaint

Sept. 14, 2015

Sept. 14, 2015

Complaint
97

2:15-cv-00555

Memorandum Opinion

March 10, 2017

March 10, 2017

Order/Opinion
145

2:15-cv-00555

Second Amended and Restated Complaint

Aug. 28, 2018

Aug. 28, 2018

Complaint
206

2:15-cv-00555

Memorandum Opinion

March 29, 2019

March 29, 2019

Order/Opinion
246

2:15-cv-00555

Memorandum Opinion

Dec. 20, 2019

Dec. 20, 2019

Order/Opinion
293

2:15-cv-00555

Memorandum Opinion

July 7, 2020

July 7, 2020

Order/Opinion
296

2:15-cv-00555

Corrected Memorandum Opinion

July 17, 2020

July 17, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4488859/carter-v-the-city-of-montgomery/

Last updated Sept. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Branch D. Kloess, The City of Montgomery ( Filing fee $ 400.00 receipt number 4602037820.), filed by Aldaress Carter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 fee receipt)(djy, ) (Entered: 08/05/2015)

Aug. 3, 2015

Aug. 3, 2015

RECAP

Jury Demand

Aug. 3, 2015

Aug. 3, 2015

PACER

DEMAND for Trial by Jury by Aldaress Carter. (NO PDF document attached to this notice-see Docket Entry 1 ). (djy, )

Aug. 3, 2015

Aug. 3, 2015

PACER
2

Corporate/Conflict Disclosure Statement by Aldaress Carter. (djy, ) (Entered: 08/05/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
3

Summons Issued as to Branch D. Kloess, The City of Montgomery and returned to counsel for personal service on defendant. (djy, ) (Entered: 08/05/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
4

SUMMONS Returned Executed by Aldaress Carter. The City of Montgomery served by process server on 8/3/2015 signed by Dennis Potter, answer due 8/24/2015. (djy, ) (Entered: 08/05/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
5

SUMMONS Returned Executed by Aldaress Carter. Branch D. Kloess served by process server on 8/3/2015 signed by Carol Kloess, answer due 8/24/2015. (djy, ) (Entered: 08/05/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER

Case Assigned/Reassigned

Aug. 5, 2015

Aug. 5, 2015

PACER

Case reassigned to Honorable Judge Wallace Capel, Jr. Honorable Judge Charles S. Coody no longer assigned to the case as referral judge. (NO PDF Document attached to this notice). (djy, )

Aug. 5, 2015

Aug. 5, 2015

PACER
6

Case reassigned to Chief Judge William Keith Watkins. Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (djy, ) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
7

NOTICE of Appearance by Maurine C. Evans on behalf of Aldaress Carter (Evans, Maurine) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
8

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Montgomery. (Holliday, Shannon) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER

Add and Terminate Attorneys

Aug. 24, 2015

Aug. 24, 2015

PACER
9

MOTION Motion for a Briefing Schedule on 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Montgomery. (Holliday, Shannon) Modified on 8/25/2015 to clarify text to reflect as Motion for briefing schedule (qc/djy, ). (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Branch D. Kloess. (Jackson, Micheal) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
11

MOTION to Sever by Branch D. Kloess. (Jackson, Micheal) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
12

MOTION for the court to enter a briefing schedule re 10 MOTION TO DISMISS, and 11 MOTION to Sever by Branch D. Kloess. (Jackson, Micheal) Modified on 8/25/2015 to clarify text to reflect as a motion to enter briefing schedule (qc/djy, ). (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER

***Attorney Robert David Segall,Joel Thomas Caldwell for The City of Montgomery added pursuant to 8 motion to dismiss (NO PDF document attached to this notice). (djy, )

Aug. 24, 2015

Aug. 24, 2015

PACER
13

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to The City of Montgomery; Corporate Disclosures due by 9/4/2015. (Attachments: # 1 standing order and format)(djy, ) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
14

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Branch D. Kloess; Corporate Disclosures due by 9/4/2015. (Attachments: # 1 standing order and format)(djy, ) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
15

Corporate/Conflict Disclosure Statement by The City of Montgomery re 13 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Holliday, Shannon) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
16

Corporate/Conflict Disclosure Statement by Branch D. Kloess re 14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Jackson, Micheal) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
17

ORDER GRANTING City of Montgomery's 9 MOTION for a Briefing Schedule as follows: (1) that, on or before 10/1/2015 def City of Montgomery shall file a brief in support of its 8 motion to dismiss, (2) that, no later than 21 days after def's intial brief is filed, plf shall file a brief in response the def City of Montgomery's motion to dismiss; and (3) def City of Montgomery shall file a brief in reply to plf's brief no later than 14 days after plf's response brief is filed; FURTHER ORDERING that def Kloess's 12 MOTION for briefing schedule is GRANTED as follows: (1) that, on or before 10/1/2015, def Kloess shall file a single brief in support of his 10 motion to dismiss and 11 motion to sever; (2) that, no later than 21 days after def Kloess's initial brief is filed, plf shall file a brief in response to Kloess's motion to dismiss and motion to sever; and (3) def Kloess hsall file a brief in reply to plf's brief no later than 14 days after plf's response brief is filed, as further set out in order; for all future motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, and Daubert motions filed in this case, setting briefing schedule, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/4/15. (djy, ) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
18

AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Judicial Correction Services, Inc., Correctional Healthcare Companies, Inc., CHC Companies, Inc., filed by Aldaress Carter. (Attachments: # 1 Supplement Part 2 of Amended Complaint, # 2 Supplement Park 3 of Amended Complaint)(Evans, George) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

RECAP

Jury Demand

Sept. 14, 2015

Sept. 14, 2015

PACER

DEMAND for Trial by Jury by Aldaress Carter. (NO PDF Document attached to this notice-See Docket entry 18 ). (djy, )

Sept. 14, 2015

Sept. 14, 2015

PACER
23

Summons Issued as to CHC Companies, Inc., Judicial Correctional Services, Inc. and returned to counsel for personal service on the defendants. (djy, ) (Entered: 09/21/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
19

ORDER directing (1) the 8 MOTION TO DISMISS filed by The City of Montgomery is DENIED without prejudice to file a motion to dismiss in response to the amended complaint; (2) that def Kloess's 10 MOTION TO DISMISS is DENIED without prejudice to file a motion to dismiss in response to the amended complaint; (3) that def Kloess's 11 MOTION to Sever is DENIED without prejudice; and (4) that the briefing deadlines on def City of Montgomery's 8 motion to dismiss, def Kloess's 10 motion to dismiss, and def Kloess's 11 motion to sever, which were previously set by the Court's 17 order are CANCELLED; all other provisions of the 17 Order including all briefing requirements for future motions filed in this case, remain in effect. Signed by Chief Judge William Keith Watkins on 9/16/15. (djy, ) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

RECAP
20

MOTION for Extension of Time to File Response/Reply as to 18 Amended Complaint, by The City of Montgomery. (Holliday, Shannon) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
21

Summons Issued as to Correctional Healthcare Companies, Inc. and mailed CMRRR with copy of amended complaint. (djy, ) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
22

TEXT ORDER GRANTING 20 MOTION for Extension of Time; EXTENDING time for The City of Montgomery to respond to the complaint to and including 10/15/2015. Signed by Chief Judge William Keith Watkins on 9/17/15. (NO PDF document attached to this notice).(djy, ) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
24

MOTION for Extension of Time to File Response/Reply as to 18 Amended Complaint, by Branch D. Kloess. (Jackson, Micheal) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
25

TEXT ORDER GRANTING 24 MOTION for Extension of Time to File Response; and extending the time for def Branch D. Kloess to respond to the amended complaint to and including 10/15/2015. Signed by Chief Judge William Keith Watkins on 9/28/15. (NO PDF Document attached to this notice).(djy, ) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
26

Return Receipt Card showing service of summons & amended complaint signed by (illegible) for Correctional Healthcare Companies, Inc. served on 9/21/2015, answer due 10/13/2015. (djy, ) (Entered: 09/29/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
27

SUMMONS Returned Executed by Aldaress Carter. Judicial Correctional Services, Inc. served on 9/24/2015, answer due 10/15/2015. (Evans, George) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
28

SUMMONS Returned Executed by Aldaress Carter. CHC Companies, Inc. served on 9/24/2015, answer due 10/15/2015. (Evans, George) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
29

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER

Add and Terminate Attorneys

Oct. 13, 2015

Oct. 13, 2015

PACER
30

MOTION for Briefing Schedule on Defendant Judicial Correction Services, Inc.'s and Correctional Healthcare Companies, Inc.'s Motion to Dismiss by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Logsdon, Larry) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER

***Attorney Wesley Kyle Winborn for Correctional Healthcare Companies, Inc.,Wesley Kyle Winborn for Judicial Correctional Services, Inc. added pursuant to 29 motion (NO PDF document attached to this notice). (djy, )

Oct. 13, 2015

Oct. 13, 2015

PACER
31

Corporate/Conflict Disclosure Statement by Correctional Healthcare Companies, Inc.. (Jackson, Michael) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
32

Corporate/Conflict Disclosure Statement by Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
33

ORDER GRANTING 30 MOTION for Briefing Schedule as follows: (1) on or before 11/12/2015 defs Judicial Correction Services, Inc., and Correctional Healthcare Companies, Inc., shall file a brief in support of the 29 motion to dismiss; (2) no later than 21 days after defs' initial brief is file, plf shall file a brief in response to the 29 motion to dismiss; and (3) defs Judicial Correction Services, Inc., and Correctional Healthcare Companies, Inc., shall file a brief in reply to plf's brief no later than 14 days after plf's response brief is filed, as further set out in order; BRIEFING ORDER for all future motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, and Daubert motions filed in this case, setting briefing scheduled as further set out in order. Signed by Chief Judge William Keith Watkins on 10/15/15. (djy, ) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
34

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [MOTION TO DISMISS FIRST AMENDED AND RESTATED COMPLAINT] by Branch D. Kloess. (Jackson, Micheal) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
35

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Montgomery. (Holliday, Shannon) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
36

BRIEF/MEMORANDUM in Support re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Montgomery. (Holliday, Shannon) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHC Companies, Inc.. (Finch, Frederick) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER

Add and Terminate Attorneys

Oct. 27, 2015

Oct. 27, 2015

PACER
38

Corporate/Conflict Disclosure Statement by CHC Companies, Inc.. (Finch, Frederick) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER

***Attorney Brian C. Richardson for CHC Companies, Inc. added pursuant to 37 motion to dismiss (NO PDF Document attached to this notice). (djy, )

Oct. 27, 2015

Oct. 27, 2015

PACER
39

RESPONSE in Opposition re 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [MOTION TO DISMISS FIRST AMENDED AND RESTATED COMPLAINT] PLAINTIFFS RESPONSE IN OPPOSITION TO KLOESS MOTION TO DISMISS FIRST AMENDED & RESTATED COMPLAINT filed by Aldaress Carter. (Evans, George) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
40

RESPONSE in Opposition re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Responsive Brief in Opposition to the City of Montgomerys Motion to Dismiss filed by Aldaress Carter. (Evans, George) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
41

BRIEF/MEMORANDUM in Support re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
42

REPLY BRIEF re 40 Response in Opposition to Motion City's Brief in Opposition to Carter's Response to the City's Brief in Support of Its Motion to Dismiss filed by The City of Montgomery. (Holliday, Shannon) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
43

(STRICKEN pursuant to 46 ORDER) BRIEF/MEMORANDUM in Support re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHC Companies, Inc.. (Finch, Frederick) Modified on 11/24/2015 (qc/djy, ). (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER

Amended Document

Nov. 17, 2015

Nov. 17, 2015

PACER
44

MOTION to Strike 43 BRIEF/MEMORANDUM in Support MOTION TO STRIKE CHC COMPANIES, INC.S SUPPLEMENT TO MOTION TO DISMISS (DOC. 43) by Aldaress Carter. (Evans, George) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
45

RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS RESPONSE IN OPPOSITION TO CHC COMPANIES, INC.S MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Aldaress Carter. (Evans, George) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER

(STRICKEN pursuant to 46 ORDER) SUPPLEMENT to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHC Companies, Inc.. (No pdf attached to this entry - See doc 43 for pdf) (wcl, ) Modified on 11/24/2015 (djy, ).

Nov. 17, 2015

Nov. 17, 2015

PACER
46

ORDER directing : (1) that the 44 MOTION to Strike is GRANTED; (2) that CHC's 43 supplemental brief is STRICKEN; (3) that, on or before 12/7/2015, def CHC shall file a motion for leave to file a supplement to its motion to dismiss and shall show cause why the motion for leave to file should be granted; and (4) pending the court's ruling on CHC's forthcoming motion for leave to file, the deadline for CHC to file a reply to plf's response brief is suspended, as further set out in order. Signed by Chief Judge William Keith Watkins on 11/24/15. (djy, ) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

RECAP
47

MOTION for Leave to File a Supplement to Motion to Dismiss by CHC Companies, Inc.. (Finch, Frederick) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
48

RESPONSE in Opposition re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs Response in Opposition to Judicial Correction Services & Correctional Healthcare Companies, Inc.S Motion to Dismiss filed by Aldaress Carter. (Evans, George) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
49

ORDER granting 47 Motion for Leave to File a supplement to the motion to dismiss; further ORDERING: (1) that on or before 12/9/2015 def CHC shall file a supplemental motion to dismiss; (2) that, no later than 21 days after def CHC's supplemental motion is filed, plf shall file a brief in response to thesupplemental motion; and (3) that, within 7 days of the filing of plf's response to the supplemental motion, def CHC may file a single reply to both of plfs' briefs, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/7/15. (djy, ) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

RECAP
50

REPLY BRIEF re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 BRIEF/MEMORANDUM in Support filed by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
51

ORDERED that, on or before 12/29/2015, Dft CHC may file a reply to Plf's 45 response to Dft CHC's 37 motion to dismiss. Signed by Chief Judge William Keith Watkins on 12/21/2015. (wcl, ) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
52

REPLY to plf's 45 Response to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHC Companies, Inc. (Finch, Frederick) Modified on 12/30/2015 to clarify text to reflect as a REPLY to 45 response (qc/djy, ). (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
53

MOTION to Stay Discovery and Incorporated Brief in Support by CHC Companies, Inc.. (Finch, Frederick) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
54

MOTION to Stay Discovery by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
55

ORDER directing that on or before 1/15/2016, plf and all other defs shall file responses to the 53 and 54 MOTIONS to Stay Discovery. Signed by Chief Judge William Keith Watkins on 1/7/16. (djy, ) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
56

MOTION to Stay re 53 MOTION to Stay Discovery and Incorporated Brief in Support by The City of Montgomery. (Holliday, Shannon) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
57

CONSOLIDATED RESPONSE in Opposition re 54 MOTION to Stay Discovery, 56 MOTION to Stay re 53 MOTION to Stay Discovery and Incorporated Brief in Support, 53 MOTION to Stay Discovery and Incorporated Brief in Support Plaintiffs Consolidated Response in Opposition to Defendants Motions to Stay Discovery filed by Aldaress Carter. (Evans, George) Modified on 1/13/2016 to clarify text to reflect as CONSOLIDATED RESPONSE (qc/djy, ). (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
58

RESPONSE to Motion re 54 MOTION to Stay Discovery, 53 MOTION to Stay Discovery and Incorporated Brief in Support filed by The City of Montgomery. (Holliday, Shannon) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
59

RESPONSE to Motion re 54 MOTION to Stay Discovery, 56 MOTION to Stay re 53 MOTION to Stay Discovery and Incorporated Brief in Support, 53 MOTION to Stay Discovery and Incorporated Brief in Support [DEFENDANT BRANCH D. KLOESS'S RESPONSE TO MOTIONS TO STAY] filed by Branch D. Kloess. (Jackson, Micheal) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
60

NOTICE of Additional Authority in support of defendant's 56 MOTION to Stay re 53 MOTION to Stay Discovery and Incorporated Brief in Support by The City of Montgomery. (Attachments: # 1 Exhibit, # 2 Exhibit)(Holliday, Shannon) Modified on 2/10/2016 to clarify text to reflect as a NOTICE not a MOTION document (qc/djy, ). (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
61

ORDER (1) STAYING CASE, including all discovery, until further order; (2) the 53] MOTION to Stay discovery filed by def CHC Companies, Inc. is GRANTED; (2) the 54 MOTION to Stay filed by defs Correctional Healthcare Companies, Inc., and Judicial Correctional Services, Inc. is GRANTED; (4) the 56 motion to stay discovery filed by Def City of Montgomery is GRANTED, as further set out in order. Signed by Chief Judge William Keith Watkins on 5/2/16. (djy, ) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

RECAP
62

Case reassigned to Honorable Judge Royce C. Lamberth. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge. (djy, ) (Main Document 62 replaced on 7/22/2016 to correct erroneous main PDF document ) (qc/djy, ). (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
63

ORDER Setting Motion Hearing re: 29, 34, 35, and 37 MOTIONS TO DISMISS for 8/18/2016 @ 10:00 AM before Honorable Judge Royce C. Lamberth, in Courtroom 2F ; advising counsel that the Court shall also be hearing similar motions in cases, as further set out in order; the cases shall be heard in the order in which they were filed; counsel should be present for all hearings. Signed by Honorable Judge Royce C. Lamberth on 7/20/16. Furnished to calendar group & AR.(djy, ) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
64

MOTION to Continue Hearing by The City of Montgomery. (Holliday, Shannon) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
65

NOTICE of Correction re 62 Case Assigned to correct erroneous main PDF document previously attached (Attachments: # 1 corrected main document to Docket Entry 62 )(djy, ) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
66

ORDER GRANTING 64 MOTION to Continue; and the Hearing re: 29, 34, 35, & 37 MOTIONS TO DISMISS is rescheduled for 8/18/2016 @ 01:00 PM in Courtroom 2F before Honorable Judge Royce C. Lamberth.. Signed by Honorable Judge Royce C. Lamberth on 8/11/16. Furnished to calendar group & AR (previously set for 8/18/2016 @ 10 am).(djy, ) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
67

NOTICE of Appearance by Wilson F. Green on behalf of Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc. (Green, Wilson) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
68

Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Motion Hearing held on 8/18/2016 re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc., 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHC Companies, Inc., 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [MOTION TO DISMISS FIRST AMENDED AND RESTATED COMPLAINT] filed by Branch D. Kloess, 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Montgomery (PDF available for court use only). (Court Reporter Patricia G. Starkie.) (war, ) (Entered: 08/19/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
69

MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION by Aldaress Carter. (Evans, George) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
70

BRIEF/MEMORANDUM in Support re 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION filed by Aldaress Carter. (Evans, George) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
71

MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO by Aldaress Carter. (Evans, George) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
72

BRIEF/MEMORANDUM in Support re 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO filed by Aldaress Carter. (Evans, George) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
73

Evidentiary Submission re 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 70 BRIEF/MEMORANDUM in Support, 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO, 72 BRIEF/MEMORANDUM in Support filed by Aldaress Carter. (Attachments: # 1 Exhibit 1 - 4/1/14 Deposition of Kenneth Nixon and exhibits, # 2 Exhibit 2 - 4/29/14 Deposition of Les Hayes, # 3 Exhibit 3 - 6/20/14 Deposition of Colleen Ray and exhibits Part 1, # 4 Exhibit 3 - 6/20/14 Deposition of Colleen Ray Part 2, # 5 Exhibit 3 - 6/20/14 Deposition of Colleen Rayand exhibits and exhibits Part 3, # 6 Exhibit 3 - 6/20/14 Deposition of Colleen Rayand exhibits Part 4, # 7 Exhibit 3 - 6/20/14 Deposition of Colleen Ray and exhibits Part 5, # 8 Exhibit 4 - 4/14/15 Deposition of Colleen Ray and exhibits, # 9 Exhibit 5 - 6/25/14 Deposition of Lisha Kidd and exhibits Part 1, # 10 Exhibit 5 - 6/25/14 Deposition of Lisha Kidd Part 2, # 11 Exhibit 5 - 6/25/14 Deposition of Lisha Kidd and exhibits Part 3, # 12 Exhibit 6 - 4/20/15 Deposition of Lisha Kidd and Exhibits Part 1, # 13 Exhibit 6 - 4/20/15 Deposition of Lisha Kidd and exhibits Part 2, # 14 Exhibit 7 - 9/1/15 Deposition of Lisha Kidd and exhibits Part 1, # 15 Exhibit 7 - 9/1/15 Deposition of Lisha Kidd Part 2, # 16 Exhibit 8 - 9/12/16 Deposition of Don Houston, # 17 Exhibit 9 - JCS' Probation Order for Mr. Carter, # 18 Exhibit 10 - Petition for Revocation, # 19 Exhibit 11 - Email from Colleen Ray to Karen LLoyd, # 20 Exhibit 12 - Montomgery Municipal Code, # 21 SEALED- Exhibit 13 - Agreement and Plan of Merger filed under seal, # 22 Exhibit 14 - JCS Marketing Materials)(Evans, George) (Attachment 21 replaced on 9/23/2016 to add SEALED EXHIBIT 13-RETURNED TO PLF COUNSEL AND NOT PUBLICLY AVAILABLE ON PACER PURSUANT TO 132 ORDER) (qc/djy, ). (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
74

MOTION for leave to file exhibit under Seal by Aldaress Carter. (Attachments: # 1 Exhibit 13-RETURNED TO PLF COUNSEL AND NOT PUBLICLY AVAILABLE ON PACER PURSUANT TO 132 ORDER)(djy, ) Modified on 8/17/2017 (qc/djy, ). (Entered: 09/23/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
75

MOTION to Strike 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
76

MOTION to Strike 73 Evidentiary Submission,,,,,,,, 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 70 BRIEF/MEMORANDUM in Support, 72 BRIEF/MEMORANDUM in Support, 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO by The City of Montgomery. (Holliday, Shannon) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
77

RESPONSE to Motion re 76 MOTION to Strike 73 Evidentiary Submission,,,,,,,, 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL, 75 MOTION to Strike 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 71 MOTION for Pa filed by Aldaress Carter. (Evans, George) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
78

MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO (Unopposed) by Correctional Healthcare Companies, Inc., Judicial Correctional Services, Inc.. (Jackson, Michael) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
79

RESPONSE in Opposition re 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO filed by CHC Companies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part I, # 3 Exhibit B, Part II, # 4 Exhibit C, # 5 Exhibit D)(Finch, Frederick) (Additional attachment(s) added on 10/27/2016: # 6 REDACTED Exhibit B, Part I) (djy, ). (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
80

[SEE CORRECTED DOCKET ENTRY DOC. 81 .] RESPONSE in Opposition re 69 MOTION for Partial Summary Judgment TO DECLARE THE CITY OF MONTGOMERY'S PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION filed by Judicial Correctional Services, Inc. (Jackson, Michael) Modified on 10/14/2016 to reflect that Doc. 81 replaces Doc. 80 . (dmn, ) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
81

RESPONSE (Correcting Doc. 80 ) in Opposition re 69 MOTION for Partial Summary Judgment TO DECLARE THE CITY OF MONTGOMERY'S PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION filed by Judicial Correctional Services, Inc. (Jackson, Michael) Modified on 10/14/2016 to reflect that this document is correcting Doc. 80 . (dmn, ) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
82

Evidentiary Submission in Support of JCS's Responses in Opposition to Plaintiff's Motions for Partial Summary Judgment (Docs. 69, 70, 71, & 72 ) filed by Judicial Correctional Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Jackson, Michael) Modified on 10/14/2016 to create links to additional documents. (dmn, ) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
83

RESPONSE in Opposition to Plaintiff's MOTION for Partial Summary Judgment DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO (Docs. 71 & 72 ) filed by Judicial Correctional Services, Inc. (Jackson, Michael) Modified on 10/14/2016 to clean up text. (dmn, ) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
84

RESPONSE in Opposition to PLAINTIFFS 69 MOTION FOR PARTIAL SUMMARY JUDGMENT TO DECLARE THE CITY OF MONTGOMERYS PROBATION PRACTICE WITH JCS UNCONSTITUTIONAL AS A DENIAL OF EQUAL PROTECTION, 71 MOTION for Partial Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING THE CONTRACT BETWEEN JCS & MONTGOMERY VOID AB INITIO AND MEMORANDA IN SUPPORT (Docs. 70 and 72 ) filed by The City of Montgomery. (Holliday, Shannon) Modified on 10/20/2016 to create actual links to Docs. 70 & 72. (dmn, ) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
85

MOTION for Leave to File CORRECTED RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT AND MEMORANDA IN SUPPORT THEREOF (Docs. 69, 70, 71, 72 ) by The City of Montgomery. (Attachments: # 1 Exhibit 1)(Holliday, Shannon) Modified on 10/20/2016 to create links to Docs. 69-72. (dmn, ) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
86

NOTICE of Filing Supplemental Support (Affidavit) in further support of Opposition to Plaintiff's Motions for Partial Summary Judgment (Docs. 69 & 71 ) by The City of Montgomery re 84 Opposition (Attachments: # 1 Affidavit)(Holliday, Shannon) Modified on 10/20/2016 to create links to Docs. 69 & 71. (dmn, ) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Indigent misdemeanant

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Corrections services company, Private Entity/Person

Successor to corrections services company, Private Entity/Person

Parent company to corrections services company, Private Entity/Person

City of Montgomery (Montgomery, Montgomery), City

Attorney hired by City of Montgomery to represent indigent defendants (Montgomery, Montgomery), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Equal Protection

Excessive bail/fines

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Conflict of interest

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness

Quality of representation