Case: Schultz v. Alabama

5:17-cv-00270 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 21, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a federal class-action lawsuit challenging Alabama’s bail system, specifically the fact that indigent defendants are routinely jailed pre-trial due to their inability to afford a predetermined bail bond required for release, which the plaintiffs allege deprives indigent defendants of their right to due process, equal protection and pre-trial liberty. The ACLU, the Southern Poverty Law Center, and the Civil Rights Corps joined in the suit seeking to end the allegedly unlawful detention …

This is a federal class-action lawsuit challenging Alabama’s bail system, specifically the fact that indigent defendants are routinely jailed pre-trial due to their inability to afford a predetermined bail bond required for release, which the plaintiffs allege deprives indigent defendants of their right to due process, equal protection and pre-trial liberty. The ACLU, the Southern Poverty Law Center, and the Civil Rights Corps joined in the suit seeking to end the allegedly unlawful detention scheme. The plaintiffs brought suit against the State of Alabama, a number of court administrative offices and personnel, the sheriff, and a number of magistrate and district judges.

On February 21, 2017, four named plaintiffs filed a proposed class-action lawsuit representing indigent and incarcerated individuals at the Cullman County Detention Center in the Northern District of Alabama against the State of Alabama. The plaintiffs alleged that they are being detained solely because of their indigence and, if they were not impoverished and were able to post cash bail, they would not be incarcerated awaiting their trial. In sum, the plaintiffs argued that cash bail is unconstitutionally excessive when imposed on indigent defendants. On April 18, 2017, the plaintiffs filed an amended complaint, adding additional defendants in their individual capacity as well as their official capacity. The complaint also named all predecessors and successors for these individuals.

The complaint took issue with Alabama’s bail schedule and bail statute, set forth in 15-13-111 of the Alabama Code and Rule 7 of the Alabama Rules of Criminal Procedure, which the plaintiffs alleged are routinely applied to indigent defendants in an unconstitutional manner. Appellate courts in Alabama have held that cash bail is a permissible form of bail for pretrial detention and that the Constitution of Alabama does not prohibit cash bail post-conviction.

Specifically, the plaintiffs argued that the State of Alabama imposed excessive bail in the form of cash bail, which kept indigent defendants incarcerated in pre-trial detention awaiting a hearing, as well as post-conviction proceedings enforcing payments of court costs and fines. The plaintiffs alleged that Alabama routinely sets cash bail for defendants charged with non-capital crimes, who failed to appear for court appearances, or who were arrested on failure to pay court costs and fines after conviction. The complaint further alleged that this bail process violated the defendants’ constitutional protection against excessive bail and constitutional right to Due Process of Law. The complaint proceeded under 42 U.S.C. § 1983, 28 U.S.C. § 2201, and the Eighth Amendment and Fourteenth Amendments to the U.S. Constitution.

The complaint sought certification as a class action for any criminal defendants affected by pretrial detention due to failure to post cash only bail. The complaint requested declaratory relief and injunctive relief to permanently enjoin the State of Alabama from imposing cash only bail and declare that the courts in Alabama are in violation of the Constitution of the United States when imposing cash-only bail for indigent defendants and when imposing bail in minor misdemeanor prosecutions.

The case proceeded before Judge Madeline Hughes Haikala. On June 5, 2017, the plaintiffs filed for a temporary restraining order, though the court denied the request on June 8, 2017. The case proceeded through discovery.

On June 15, 2017, six additional individual plaintiffs filed an amended intervenor complaint. This complaint also added a number of defendants, including three judges, two magistrates, the Circuit Clerk of Cullman County, four Sheriffs of the Cullman County Sherriff’s Office, three county commissioners, the Alabama Administrative Office of the Court, and the Director of the Alabama Administrative Office of the Court.

This amended intervenor complaint alleged that the defendants set and enforced bail at $1,000,000 in all first-degree drug trafficking/manufacturing cases without any regard to the financial ability of the accused, allegedly in order to assure that the accused remain in jail. This practice was in line with the policy of the Alabama Administrative Offices of the Court, which directed all state magistrates to set bail within the “Bail Schedule” without regard to the financial status and ability of the accused or whether the bail, as set, ensured the appearance of the accused for hearing or trial. Further, it was alleged that the Alabama Administrative Offices of the Court failed to properly train, oversee, and supervise the courts and court officials with respect to bail policies. Ultimately, on July 17, 2017, the Court granted the defendant’s motion to dismiss and dismissed four of the named plaintiffs and four of the named defendants.

On March 9, 2018, plaintiff Bradley Hester filed an intervenor complaint. The plaintiff, Hester, was represented by attorneys from the American Civil Liberties Union Foundation of Alabama, the American Civil Liberties Union, the Southern Poverty Law Center, and the Civil Rights Corps. The intervenor complaint alleged that the money bail practices in Cullman County and Alabama generally detained people based on their wealth rather than on their suitability for release. In addition to claims based on an allegedly unconstitutional bail schedule, the complaint also alleged that the court magistrates and judges did not review the predetermined financial conditions of release for weeks or months, leaving individuals who could not afford the predetermined bail amount detained for weeks or months without any opportunity for an individualized release hearing. This detention occurred for many defendants before they had been convicted of a crime. The plaintiffs argued that non-financial conditions of release alone or in combination with unsecured money bail would be as effective or more effective than secured money bail. This intervenor complaint sought declaratory relief and injunctive relief, specifically, an injunction against the Sheriff from prospectively jailing arrestees unable to pay secured monetary bail without an individualized hearing with adequate procedural safeguards.

On March 27, 2018, the court terminated 11 plaintiffs. Six named plaintiffs and intervenor plaintiffs, all defendants in the Cullman County Court System, remained in the suit against the State of Alabama and a number of individuals, including the Cullman County Sherriff, one Magistrate judge, two District Court Judges, the Circuit Clerk of Cullman County, the Cullman County Commission and three individual commissioners, the Alabama Administrative Office of the Court, two Magistrates, and the Director of the Alabama Administrative Office of the Court.

On September 4, 2018, the court granted the plaintiff’s motion for preliminary injunction, enjoining the Cullman County Sheriff from detaining indigent defendants who cannot afford to post a property bond or a surety bond as a condition of pretrial release. The following day, the court denied the Sherriff’s motion to dismiss, originally filed on March 28, 2018. The following week, on September 13, 2018, the defendants filed a notice of appeal in the Court of Appeals for the 11th Circuit, appealing the judgment on the preliminary injunction and the order dismissing the Sheriff’s motion to dismiss. The court did not stay the preliminary injunction pending resolution of the appeal. As of November 2020, the appeal on the preliminary injunction remains ongoing. Oral argument is scheduled for December 16, 2020. The district court case also remains ongoing.

Summary Authors

Rebecca Fisher (11/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6124835/parties/schultz-v-state-of-alabama/


Judge(s)

Haikala, Madeline Hughes (Alabama)

Attorneys(s) for Plaintiff

Drake, Thomas E II (Alabama)

Hasting, J Melvin (Alabama)

Attorneys(s) for Defendant

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Jamie Helen (Alabama)

McNeill, J Randall (Alabama)

Webb, Kendrick E. (Alabama)

Other Attorney(s)

Active

Active

Judge(s)

Haikala, Madeline Hughes (Alabama)

Attorneys(s) for Plaintiff

Drake, Thomas E II (Alabama)

Hasting, J Melvin (Alabama)

Attorneys(s) for Defendant

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Jamie Helen (Alabama)

McNeill, J Randall (Alabama)

Webb, Kendrick E. (Alabama)

Other Attorney(s)

Boone, Brock (Alabama)

Brooke, Samuel (Alabama)

Buskey, Brandon (New York)

Chynoweth, Brad A. (Alabama)

Clement, Paul D. (District of Columbia)

Conry, Rachel Ann (Alabama)

Espy, Chase T (Alabama)

Funk, Kellen R (New York)

Haden, Edgar Robert (Alabama)

Hubbard, Katherine (District of Columbia)

Jordan, Alexandra Marie (Alabama)

Karakatsanis, Alec (District of Columbia)

Lawrence, Andrew C. (District of Columbia)

Marshall, Randall C. (Alabama)

McCord, Mary B. (District of Columbia)

Naramore, John W. (Alabama)

Robertson, James Bradley (Alabama)

Rucker, Candice Leigh (Mississippi)

Sawhney, Neil (Louisiana)

Smith, Brenton Merrill (Alabama)

Spears, George Brian (Georgia)

Taylor, Jonathan Ellis (District of Columbia)

Walker, Jordan Dorman (Alabama)

West, Micah (Alabama)

Woods, Andrea (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Schultz v. State of Alabama

Sept. 15, 2020 Docket

General Docket

Hester v. Gentry

U. S. Court of Appeals for the Eleventh Circuit

Oct. 20, 2020 Docket
1

Complaint

Schultz v. State of Alabama

Feb. 21, 2017 Complaint
14

Amended Complaint

Schultz v. State of Alabama

April 18, 2017 Complaint
52

Amended Complaint

Parris v. Williams

June 15, 2017 Complaint
95

Intervenor Complaint

Hester v. Gentry

March 9, 2018 Complaint
159

Memorandum Opinion and Order

Schultz v. State of Alabama

330 F.Supp.3d 1344

Sept. 4, 2018 Order/Opinion
161

Order

Schultz v. State of Alabama

2018 WL 4253645

Sept. 5, 2018 Order/Opinion
173

Intervenor-Plaintiff Hester's Amended Complaint

Schultz v. State of Alabama

Sept. 14, 2018 Complaint
197

Order Clarifying Preliminary Injunction

Schultz v. State of Alabama

Nov. 1, 2018 Order/Opinion

Resources

Title Description External URL

Cullman County, AL: Bail

Civil Rights Corps

In August 2017, Civil Rights Corps moved to intervene in a federal class action lawsuit against officials in Cullman County, Alabama who operate an unconstitutional bail system. CRC and our partners … March 6, 2019 http://www.civilrightscorps.org/work/case/cullman-county-al-bail

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6124835/schultz-v-state-of-alabama/

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

ECF Number Description Date Link
1

COMPLAINT against State of Alabama filed by Ray Charles Schultz, Davon Treshawn Beebe, James Hugo Sterling, and Tyrone Daishawn Beebe. (Attachments: # 1 Exhibits 1-5, # 2 Exhibits 6-10, # 3 Exhibits 11-12, # 4 Exhibits 13-15, # 5 Exhibits 16-20, # 6 Exhibits 21-25, # 7 Exhibits 26-30)(SPT ) (Entered: 02/21/2017)

1 Exhibits 1-5

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2 Exhibits 6-10

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3 Exhibits 11-12

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4 Exhibits 13-15

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5 Exhibits 16-20

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6 Exhibits 21-25

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7 Exhibits 26-30

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Feb. 21, 2017 RECAP
2

MOTION (Application) for Leave to Proceed in forma pauperis by Tyrone Daishawn Beebe. (SPT ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
3

MOTION (Application) for Leave to Proceed in forma pauperis by James Hugo Sterling. (SPT ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
4

MOTION (Application) for Leave to Proceed in forma pauperis by Ray Charles Schultz. (SPT ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
5

MOTION (Application) for Leave to Proceed in forma pauperis by Davon Treshawn Beebe. (SPT ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
6

ORDER granting [2,3,4,5] Motions for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Harwell G Davis, III on 2/23/17. (SPT ) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
7

Summons Issued as to State of Alabama by Clerk and delivered to US Marshal (Birmingham) for service. (SPT ) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
8

SUMMONS Returned Executed by Davon Treshawn Beebe. State of Alabama served on 3/27/2017, answer due 4/17/2017. (SPT ) (Entered: 03/28/2017)

March 27, 2017 PACER
9

MOTION to Dismiss for Lack of Jurisdiction by State of Alabama. (Davis, James) (Entered: 04/03/2017)

April 3, 2017 PACER
10

ORDER that the Plaintiffs shall file a response to 9 MOTION to Dismiss within 14 days from the date of entry of this order; Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Harwell G Davis, III on 04/04/17. (SPT ) (Entered: 04/04/2017)

April 4, 2017 PACER
11

ORDER that the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge by no later than May 18, 2017, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Harwell G Davis, III on 04/04/17. (SPT ) (Entered: 04/04/2017)

April 4, 2017 PACER
12

RESPONSE in Opposition re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Davon Treshawn Beebe, Tyrone Daishawn Beebe, Ray Charles Schultz. (Attachments: # 1 Exhibit exhibit 1-5, # 2 Exhibit exhibit 6-10, # 3 Exhibit exhibit 11-15, # 4 Exhibit exhibit 13-15, # 5 Exhibit exhibit 16-20, # 6 Exhibit exhibit 21-25, # 7 Exhibit 26-30, # 8 Exhibit exhibit 31)(Hasting, J) (Entered: 04/18/2017)

April 18, 2017 PACER
13

RESPONSE in Opposition re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Davon Treshawn Beebe, Tyrone Daishawn Beebe, Ray Charles Schultz. (Hasting, J) (Entered: 04/18/2017)

April 18, 2017 PACER
14

AMENDED COMPLAINT against All Defendants, filed by Ray Charles Schultz, Davon Treshawn Beebe, James Hugo Sterling, Tyrone Daishawn Beebe. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-12, # 4 Exhibit 13-15, # 5 Exhibit 16-20, # 6 Exhibit 21-25, # 7 Exhibit 26-30, # 8 Exhibit 31)(Hasting, J) (Entered: 04/18/2017)

1 Exhibit 1-5

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2 Exhibit 6-10

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3 Exhibit 11-12

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4 Exhibit 13-15

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5 Exhibit 16-20

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6 Exhibit 21-25

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7 Exhibit 26-30

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8 Exhibit 31

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April 18, 2017 RECAP
15

TEXT ORDER finding as moot 9 Motion to Dismiss for Lack of Jurisdiction. See ComputerEase Software, Inc. v. Hemisphere Corp., 2007 WL 852103, at *1 (S.D.Ohio Mar.19, 2007) (Since the amended complaint replaces the original complaint, the motion to dismiss the original complaint is moot.... ); Scuba v. Wilkinson, 2006 WL 2794939, at *2 (S.D.Ohio Sept.27, 2006) (Since the amended complaint replaces the original complaint, the motions to dismiss the original complaint are moot. ); Weiss v. Astella Pharma US, Inc., 2006 WL 1285406, at *1 n.1 (E.D.Ky. May 10, 2006) (following amendment of complaint, motions to dismiss the original complaint were moot); Kentucky Press Assn, Inc. v. Kentucky, 355 F.Supp.2d 853, 857 (E.D.Ky. 2005) (Plaintiffs amended complaint supercedes the original complaint, thus making the motion to dismiss the original complaint moot.). Signed by Magistrate Judge Harwell G Davis, III on 4/19/17. (LBG, ) (Entered: 04/19/2017)

April 19, 2017 PACER
16

MOTION to Dismiss the Amended Complaint by State of Alabama. (Davis, James) (Entered: 05/02/2017)

May 2, 2017 PACER
17

ORDER that Plaintiffs shall file a response to the 16 MOTION to Dismiss the Amended Complaint within 14 days from the date of entry of this order; Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Harwell G Davis, III on 05/02/17. (SPT ) (Entered: 05/02/2017)

May 2, 2017 PACER
18

RESPONSE to Motion re 16 MOTION to Dismiss the Amended Complaint filed by Davon Treshawn Beebe, Tyrone Daishawn Beebe. (Hasting, J) (Entered: 05/16/2017)

May 16, 2017 PACER
19

NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Please use case number 5:17-CV-270-MHH on all subsequent pleadings(AHI) (Entered: 05/19/2017)

May 19, 2017 PACER
20

INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 5/30/2017. (KEK) (Entered: 05/30/2017)

May 30, 2017 PACER
21

MOTION to Amend/Correct by Ray Charles Schultz. (Hasting, J) (Entered: 06/02/2017)

June 2, 2017 PACER
22

TEXT ORDER: The Court GRANTS plaintiffs' Motion to Extend Deadlines. (Doc. 21 ). Plaintiffs shall file their motion for a preliminary injunction on June 5, 2017. Signed by Judge Madeline Hughes Haikala on 6/5/2016. (YMB) (Entered: 06/05/2017)

June 5, 2017 PACER
23

MOTION for Temporary Restraining Order by Ray Charles Schultz. (Attachments: # 1 Exhibit Cooper v. City of Dothan, # 2 Exhibit State of Alabama v. Blake, # 3 Exhibit Statement of Interest Dept of Justice Varden V. City of Clanton)(Hasting, J) (Entered: 06/05/2017)

June 5, 2017 PACER
24

ORDER Setting Hearing on Motion 23 MOTION for Temporary Restraining Order : Motion Hearing set for 6/8/2017 11:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Madeline Hughes Haikala. Signed by Judge Madeline Hughes Haikala on 6/6/2017. (KMG) (Entered: 06/06/2017)

June 6, 2017 PACER
25

ACKNOWLEDGEMENT OF SERVICE Executed as to 12 Response in Opposition to Motion, Acknowledgement filed by Ray Charles Schultz. (Hasting, J) (Entered: 06/07/2017)

June 7, 2017 PACER
26

First MOTION for Writ of Habeas Corpus ad testificandum by Ray Charles Schultz. (Hasting, J) (Entered: 06/07/2017)

June 7, 2017 PACER
27

Writ of Habeas Corpus ad Testificandum Issued as to Ray Charles Schultz for 6/8/2017. (KEK) (Entered: 06/07/2017)

June 7, 2017 PACER
28

ACKNOWLEDGEMENT OF SERVICE Executed Sheriff Matt Gentry Acknowledgement filed by Ray Charles Schultz. (Hasting, J) (Entered: 06/07/2017)

June 7, 2017 PACER
29

MOTION to Dismiss by Randy Helms, Steven Marshall, Barry Matson. (Howell, Laura) (Entered: 06/07/2017)

June 7, 2017 PACER
30

RESPONSE in Opposition re 23 MOTION for Temporary Restraining Order filed by Randy Helms, Steven Marshall, Barry Matson, State of Alabama. (Howell, Laura) (Entered: 06/07/2017)

June 7, 2017 PACER
31

MOTION to Intervene by Randall Lee Parris. (Attachments: # 1 Exhibit, # 2 Exhibit)(Drake, Thomas) (Entered: 06/07/2017)

June 7, 2017 PACER
32

NOTICE of Appearance by Jamie Helen Kidd on behalf of Matthew Gentry (Kidd, Jamie) (Entered: 06/07/2017)

June 7, 2017 PACER
33

MOTION to Dismiss by Matthew Gentry. (Kidd, Jamie) (Entered: 06/07/2017)

June 7, 2017 PACER

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Motion Hearing held on 6/8/2017 re 23 MOTION for Temporary Restraining Order filed by Ray Charles Schultz. Written order to follow. (Court Reporter Julie Martin.) (YMB)

June 8, 2017 PACER

Motion Hearing

June 8, 2017 PACER
34

ORDER granting 16 Motion to Dismiss. Consistent with the remarks made on the record during the June 8, 2017 hearing in this matter, the Court dismisses the plaintiffs' claims against the State of Alabama without prejudice. Signed by Judge Madeline Hughes Haikala on June 8, 2017. (Haikala, Madeline) (Entered: 06/08/2017)

June 8, 2017 PACER
35

ORDER denying 23 Motion for TRO. Consistent with the remarks made during the June 8, 2017 hearing in this matter, on the record currently before the Court, the Court denies the plaintiffs' request for a temporary restraining order. Signed by Judge Madeline Hughes Haikala on June 8, 2017. (Haikala, Madeline) (Entered: 06/08/2017)

June 8, 2017 PACER
36

ORDER granting 29 Motion to Dismiss. Consistent with the remarks made on the record during the June 8, 2017 hearing in this matter, the Court dismisses the plaintiffs' claims against defendants Marshall, Helms, and Matson without prejudice. Signed by Judge Madeline Hughes Haikala on June 8, 2017. (Haikala, Madeline) (Entered: 06/08/2017)

June 8, 2017 PACER
37

ORDER granting 31 Motion to Intervene. Consistent with the remarks made on the record during the June 8, 2017 hearing in this matter, the Court grants Mr. Parris's motion to intervene. Mr. Parris shall file his class action complaint on or before June 12, 2017. Mr. Parris shall obtain waivers of service from the defendants or shall serve his class action complaint on the defendants named in the complaint, and Mr. Parris shall serve the Court's initial order (Doc. 20) on the defendants named in the class action complaint. (See Doc. 20, p. 2). Signed by Judge Madeline Hughes Haikala on June 8, 2017. (Haikala, Madeline) (Entered: 06/08/2017)

June 8, 2017 PACER
38

ORDER denying 33 Motion to Dismiss. Consistent with the remarks made on the record during the June 8, 2017 hearing in this matter, the Court denies Sheriff Gentry's motion to dismiss. Signed by Judge Madeline Hughes Haikala on June 8, 2017. (Haikala, Madeline) (Entered: 06/08/2017)

June 8, 2017 PACER
39

Intervenor COMPLAINT, filed by Randall Lee Parris.(Drake, Thomas) (Entered: 06/12/2017)

June 12, 2017 PACER
40

INTERVENOR COMPLAINT SUMMONS Issued as to Amy Black, Cullman County Commission, Cullman County Sheriffs Office, Matt Gentry, Randy Helms, Garry Marchman, Lisa McSwain, Kenneth Walker, Kerry Watson, Joan White, Martha Williams. (KEK) (Entered: 06/13/2017)

June 13, 2017 PACER
41

SUMMONS Returned Executed by Randall Lee Parris. Cullman County Sheriffs Office served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
42

SUMMONS Returned Executed by Randall Lee Parris. Matt Gentry served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
43

ALIAS INTERVENOR COMPLAINT SUMMONS Issued as to Lisa McSwain. Returned to Plaintiff for service. (KEK) (Entered: 06/14/2017)

June 14, 2017 PACER
44

SUMMONS Returned Executed by Randall Lee Parris. Martha Williams served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
45

SUMMONS Returned Executed by Randall Lee Parris. Amy Black served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
46

SUMMONS Returned Executed by Randall Parris. Joan White served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
47

SUMMONS Returned Executed by Randall Lee Parris. Garry Marchman served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
48

SUMMONS Returned Executed by Randall Lee Parris. Kerry Watson served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
49

SUMMONS Returned Executed by Randall Parris. Kenneth Walker served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
50

SUMMONS Returned Executed by Randall Parris. Cullman County Commission served on 6/13/2017, answer due 7/4/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
51

SUMMONS Returned Executed by Randall Parris. Lisa McSwain served on 6/14/2017, answer due 7/5/2017. (Drake, Thomas) (Entered: 06/14/2017)

June 14, 2017 PACER
52

AMENDED INTERVENOR COMPLAINT against Alabama Administrative Office of the Court (AOC), Amy Black, Cullman County Commission, Cullman County Sheriffs Office, Matt Gentry, Randy Helms, Garry Marchman, Lisa McSwain, Kenneth Walker, Kerry Watson, Joan White, Martha Williams, filed by Randall Parris.(Drake, Thomas) (Entered: 06/15/2017)

June 15, 2017 RECAP
53

SUMMONS Returned Executed by Randall Parris. Alabama Administrative Office of the Court (AOC) served on 6/19/2017, answer due 7/10/2017. (Drake, Thomas) (Entered: 06/21/2017)

June 21, 2017 PACER
54

SUMMONS Returned Executed by Randall Parris. Randy Helms served on 6/19/2017, answer due 7/10/2017. (Drake, Thomas) (Entered: 06/21/2017)

June 21, 2017 PACER
55

MOTION for Preliminary Injunction by Randall Parris. (Drake, Thomas) (Entered: 06/22/2017)

June 22, 2017 PACER
56

NOTICE of Appearance by Jamie Helen Kidd on behalf of Cullman County Commission, Cullman County Sheriffs Office, Matt Gentry, Garry Marchman, Kenneth Walker, Kerry Watson (Kidd, Jamie) (Entered: 06/22/2017)

June 22, 2017 PACER
57

MOTION to Strike, OR IN THE ALTERNATIVE, MOTION to Dismiss by Cullman County Sheriffs Office. (Kidd, Jamie) (Entered: 06/22/2017)

June 22, 2017 PACER
58

ANSWER to 14 Amended Complaint, by Matthew Gentry.(Kidd, Jamie) (Entered: 06/22/2017)

June 22, 2017 PACER
59

RESPONSE to Motion re 57 MOTION to Strike, OR IN THE ALTERNATIVE MOTION to Dismiss filed by Randall Parris. (Drake, Thomas) (Entered: 06/23/2017)

June 23, 2017 PACER
60

TEXT ORDER: The Cullman County Sheriff's Office filed a motion to strike, or alternatively, a motion to dismiss plaintiff-intervenor Randall Parris's claims against it. (Doc. 57). There being no opposition (see Doc. 59), and for good cause shown, the Court dismisses the Cullman County Sheriff's Office as a party defendant. Signed by Judge Madeline Hughes Haikala on 6/23/2017. (KEK) (Entered: 06/23/2017)

June 23, 2017 PACER
61

AMENDED COMPLAINT against Alabama Administrative Office of the Court (AOC), Amy Black, Cullman County Commission, Cullman County Sheriffs Office, Matt Gentry, Randy Helms, Garry Marchman, Lisa McSwain, Kenneth Walker, Kerry Watson, Joan White, Martha Williams, filed by Randall Parris. (Attachments: # 1 Exhibit Letter)(Drake, Thomas) (Entered: 06/30/2017)

1 Exhibit Letter

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June 30, 2017 RECAP
62

TEXT ORDER: The Court SETS this matter for a telephone conference at 3:30 p.m. on July 17, 2017. Counsel shall please dial 877-873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 7/13/2017. (KEK) (Entered: 07/13/2017)

July 13, 2017 PACER
63

MOTION to Strike 61 Amended Complaint, OR IN THE ALTERNATIVE, MOTION to Dismiss by Matthew Gentry. (Kidd, Jamie) (Entered: 07/14/2017)

July 14, 2017 PACER
64

Brief re 63 MOTION to Strike 61 Amended Complaint, OR IN THE ALTERNATIVE MOTION to Dismiss filed by Matthew Gentry. (Attachments: # 1 Exhibit A)(Kidd, Jamie) (Entered: 07/14/2017)

July 14, 2017 PACER
65

MOTION to Strike 61 Amended Complaint, OR IN THE ALTERNATIVE, MOTION to Dismiss by Cullman County Commission, Garry Marchman, Kenneth Walker, Kerry Watson. (Kidd, Jamie) (Entered: 07/14/2017)

July 14, 2017 PACER
66

Brief re 65 MOTION to Strike 61 Amended Complaint, OR IN THE ALTERNATIVE MOTION to Dismiss filed by Cullman County Commission, Garry Marchman, Kenneth Walker, Kerry Watson. (Attachments: # 1 Exhibit A)(Kidd, Jamie) (Entered: 07/14/2017)

July 14, 2017 PACER
67

MOTION to Dismiss Plaintiffs' Second Amended Complaint (Doc. 61) by Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams. (Davis, James) (Entered: 07/14/2017)

July 14, 2017 PACER
68

MOTION to Dismiss by Randall Parris. (Drake, Thomas) (Entered: 07/17/2017)

July 17, 2017 PACER

Telephone Conference

July 17, 2017 PACER

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 7/17/2017. (Court Reporter Julie Martin.) (YMB)

July 17, 2017 PACER
69

ORDER granting 68 Motion to Dismiss. Consistent with the discussion during the July 17, 2017 telephone conference in this matter, the Court dismisses the following parties from this action: plaintiffs Shawn Smelser, Colin Scott, Christy Burks, and Nicholas Moody, and defendants Kenneth Walker, Garry Marchman, Kerry Watson, and the Cullman County Commission. The Court directs the Clerk to please TERMINATE those parties from this action. Signed by Judge Madeline Hughes Haikala on July 17, 2017. (Haikala, Madeline) (Entered: 07/17/2017)

July 17, 2017 PACER
70

ORDER finding as moot 63 Motion to Strike; finding as moot 63 Motion to Dismiss. Consistent with the discussion during the July 17, 2017 telephone conference in this matter, the Court finds the defendants' motion to strike and motion to dismiss moot because Mr. Parris, the intervening plaintiff, has withdrawn the amended complaint that he filed on June 30, 2017. Within ten (10) days, Mr. Parris shall file a motion for leave to amend his complaint and shall attach to his motion as an exhibit a copy of his proposed amended complaint in intervention. Within seven (7) days of the date on which Mr. Parris files his motion to amend his complaint, the defendants may reply to the motion. Signed by Judge Madeline Hughes Haikala on July 17, 2017. (Haikala, Madeline) (Entered: 07/17/2017)

July 17, 2017 PACER
71

ORDER finding as moot 65 Motion to Strike; finding as moot 65 Motion to Dismiss. Consistent with the discussion during the July 17, 2017 telephone conference in this matter, the Court finds the defendants' motion to strike and motion to dismiss moot because Mr. Parris, the intervening plaintiff, has withdrawn the amended complaint that he filed on June 30, 2017. Within ten (10) days, Mr. Parris shall file a motion for leave to amend his complaint and shall attach to his motion as an exhibit a copy of his proposed amended complaint in intervention. Within seven (7) days of the date on which Mr. Parris files his motion to amend his complaint, the defendants may reply to the motion. Signed by Judge Madeline Hughes Haikala on July 17, 2017. (Haikala, Madeline) (Entered: 07/17/2017)

July 17, 2017 PACER
72

ORDER finding as moot 67 Motion to Dismiss. Consistent with the discussion during the July 17, 2017 telephone conference in this matter, the Court finds the defendants' motion to dismiss moot because Mr. Parris, the intervening plaintiff, has withdrawn the amended complaint that he filed on June 30, 2017. Within ten (10) days, Mr. Parris shall file a motion for leave to amend his complaint and shall attach to his motion as an exhibit a copy of his proposed amended complaint in intervention. Within seven (7) days of the date on which Mr. Parris files his motion to amend his complaint, the defendants may reply to the motion. Signed by Judge Madeline Hughes Haikala on July 17, 2017. (Haikala, Madeline) (Entered: 07/17/2017)

July 17, 2017 PACER
73

NOTICE of Appearance by J Dorman Walker on behalf of Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams (Walker, J) (Entered: 07/19/2017)

July 19, 2017 PACER
74

RULE 26 DISCLOSURES by Randall Parris. (Drake, Thomas) Modified on 7/21/2017 (KEK). (Entered: 07/20/2017)

July 20, 2017 PACER
75

MOTION for Leave to File by Randall Parris. (Attachments: # 1 Exhibit)(Drake, Thomas) (Entered: 07/26/2017)

July 26, 2017 PACER
76

MOTION to Intervene by Bradley Hester. (Attachments: # 1 Exhibit 1: Draft Intervenor Complaint, # 2 Exhibit 2: Draft Motion for Preliminary Injunction, # 3 Exhibit 3: Draft Memorandum in Support of Motion for Preliminary Injunction, # 4 Exhibit 4: Draft Motion for Class Certification, # 5 Exhibit 5: Draft Memorandum in Support of Motion for Class Certification, # 6 Exhibit 6: Declaration of Bradley Hester)(Brooke, Samuel) (Entered: 08/01/2017)

1 Exhibit 1: Draft Intervenor Complaint

View on RECAP

2 Exhibit 2: Draft Motion for Preliminary Injunction

View on PACER

3 Exhibit 3: Draft Memorandum in Support of Motion for Preliminary Injunction

View on PACER

4 Exhibit 4: Draft Motion for Class Certification

View on PACER

5 Exhibit 5: Draft Memorandum in Support of Motion for Class Certification

View on PACER

6 Exhibit 6: Declaration of Bradley Hester

View on PACER

Aug. 1, 2017 PACER
77

AFFIDAVIT re 76 MOTION to Intervene - Refiled Attachment 6: Declaration by Bradley Hester. filed by Bradley Hester (Brooke, Samuel) (Entered: 08/01/2017)

Aug. 1, 2017 PACER
78

MOTION for Extension of Time by Cullman County Commission, Matt Gentry, Garry Marchman, Kenneth Walker, Kerry Watson. (Kidd, Jamie) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
79

MOTION for Extension of Time by Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams. (Howell, Laura) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
80

TEXT ORDER: The Court GRANTS defendants' Motions for Extension of Time. (Docs. 78 and 79 ). Defendants shall respond to plaintiffs' Motion for Leave to File an Amended Complaint (doc. 75 ) and Motion to Intervene (doc. 76 ) on or before August 16, 2017. Plaintiffs may file a reply on or before August 23, 2017. Signed by Judge Madeline Hughes Haikala on 8/2/2017. (YMB) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
81

NOTICE of Appearance by Brad A. Chynoweth on behalf of Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams (Chynoweth, Brad) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
82

RESPONSE in Opposition re 75 MOTION for Leave to File (a Second Amended Complaint) filed by Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams. (Chynoweth, Brad) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
83

RESPONSE to Motion re 76 MOTION to Intervene (of Bradley Hester) filed by Alabama Administrative Office of the Court (AOC), Amy Black, Randy Helms, Lisa McSwain, Joan White, Martha Williams. (Chynoweth, Brad) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
84

RESPONSE to Motion re 76 MOTION to Intervene filed by Matthew Gentry. (Kidd, Jamie) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
85

RESPONSE to Motion re 75 MOTION for Leave to File filed by Matthew Gentry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kidd, Jamie) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
86

MOTION for Limited Admission Pro Hac Vice for Alec George Karakatsanis by Bradley Hester. (Attachments: # 1 Affidavit in Support, # 2 Exhibit - Certificate of Good Standing)(Brooke, Samuel) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
87

MOTION for Limited Admission Pro Hac Vice for Katherine Hubbard by Bradley Hester. (Attachments: # 1 Affidavit In Support, # 2 Exhibit - Certificate of Good Standing)(Brooke, Samuel) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
88

MOTION for Limited Admission Pro Hac Vice for Brandon Buskey by Bradley Hester. (Attachments: # 1 Affidavit In Support)(Brooke, Samuel) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
89

MOTION for Limited Admission Pro Hac Vice for Andrea Woods by Bradley Hester. (Attachments: # 1 Affidavit In Support, # 2 Exhibit - Certificate of Good Standing)(Brooke, Samuel) (Entered: 08/18/2017)

Aug. 18, 2017 PACER

PHV Fee Paid

Aug. 18, 2017 PACER

PHV Fee paid: $ 50, receipt number 1126-2913046 (ALND B4601082510). (Brooke, Samuel) Modified on 8/18/2017 (KEK).

Aug. 18, 2017 PACER

PHV Fee paid: $ 50, receipt number 1126-2913070 (ALND B4601082511). (Brooke, Samuel) Modified on 8/18/2017 (KEK).

Aug. 18, 2017 PACER

PHV Fee paid: $ 50, receipt number 1126-2913080 (ALND B4601082512). (Brooke, Samuel) Modified on 8/18/2017 (KEK).

Aug. 18, 2017 PACER

PHV Fee paid: $ 50, receipt number 1126-2913086 (ALND B4601082513). (Brooke, Samuel) Modified on 8/18/2017 (KEK).

Aug. 18, 2017 PACER
90

TEXT ORDER: The Court GRANTS plaintiff-intervenor Bradley Hester's motions for admission pro hac vice of Alec George Karakatsanis, Katherine Hubbard, Brandon Buskey, and Andrea Woods. (Docs. 86, 87, 88, 89). Signed by Judge Madeline Hughes Haikala on 8/18/2017. (KEK) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
91

MOTION to Certify Class by Randall Parris. (Drake, Thomas) (Entered: 09/28/2017)

Sept. 28, 2017 PACER

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Feb. 21, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Criminal defendants in Cullman County, Alabama

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Alabama, State

Sheriff of Cullman County, Alabama (Cullman), County

Cullman County Commission (Cullman), County

Alabama Administrative Office of the Court , State

Director of the Alabama Administrative Office of the Court , State

Circuit Court Judge , State

District Court Judge , State

Cullman County Commissioner (Cullman), County

Circuit Clerk of Cullman County (Cullman), County

Magistrate, State

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Excessive bail/fines

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention