Case: Wilkins v. Aberdeen Enterprises

4:17-cv-00606 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Nov. 2, 2017

Closed Date: March 12, 2021

Clearinghouse coding complete

Case Summary

On November 2, 2017, individuals facing arrest because of their inability to pay their court fines and costs filed this putative class-action lawsuit in the U.S. District Court for the Northern District of Oklahoma. The plaintiffs sued the Oklahoma Sheriff’s Association, every Oklahoma county sheriff, and Aberdeen Enterprises, a private collections company. The plaintiffs sued under the Racketeer Influenced and Corrupt Organizations Act (RICO), 42 U.S.C. § 1983, and Oklahoma state law. The plai…

On November 2, 2017, individuals facing arrest because of their inability to pay their court fines and costs filed this putative class-action lawsuit in the U.S. District Court for the Northern District of Oklahoma. The plaintiffs sued the Oklahoma Sheriff’s Association, every Oklahoma county sheriff, and Aberdeen Enterprises, a private collections company. The plaintiffs sued under the Racketeer Influenced and Corrupt Organizations Act (RICO), 42 U.S.C. § 1983, and Oklahoma state law. The plaintiff, represented by Civil Rights Corps, the Institute for Constitutional Advocacy and Protection at Georgetown Law, and private counsel, sought preliminary and permanent injunctive relief, declaratory relief, compensatory and punitive damages, and attorney’s fees and costs. The plaintiffs also asked the court to certify the class as all people living in poverty, found to be indigent by the Courts of Oklahoma Counties, who were victims of an extortion scheme by defendants.

Specifically, the lawsuit alleged that Aberdeen Enterprise on behalf of, and in concert with, the Oklahoma Sheriff's Association, violated RICO by operating an extortion scheme targeting indigent individuals who have been assessed fines in criminal and traffic court in Oklahoma. The plaintiffs claimed that the defendants, motivated by a desire to extort, threatened plaintiffs that if they did not pay money to Aberdeen, they would have a warrant issued, be arrested, face testimony from Aberdeen about non-payment, face additional fees, and be sent to jail. According to the complaint, fines collected were split between Aberdeen and the Sheriff's Association, and this scheme made the Sheriff's Association $829,075 in 2016 alone. Plaintiffs claimed that the policies of keeping debtors in jail and placing them on onerous probation supervision solely because of their wealth status and inability to pay violated the Equal Protection and Due Process Clauses, as well as the Fourth Amendment. Additionally, plaintiffs alleged abuse of process by Aberdeen in using the justice system to accomplish ulterior motives in the form of profiting at the expense of these individuals.

Aberdeen Enterprises filed a motion to dismiss on January 8, 2018, but the motion was denied as moot after plaintiffs filed an amended complaint on February 1, 2018. In the amended complaint, six new plaintiffs joined the suit, some county sheriffs were dropped as defendants, and the additional allegations focused on the collections systems in Tulsa and Rogers counties. Two of the plaintiffs also sought preliminary injunctions to prevent Tulsa and Rogers Counties from jailing them for unpaid court debts.

By the end of March 2018, all defendants filed motions to dismiss. The plaintiffs responded by seeking leave to amend the complaint for a second time. On March 26, 2018, the court found good cause to delay starting discovery until the motions for preliminary injunctions and motions to dismiss were resolved.

On September 20, 2018, the court granted the plaintiffs' motion to amend the complaint and denied the motions to dismiss as moot. The second amended complaint clarified certain allegations in response to the motions to dismiss, added the allegation that Tulsa County stopped using Aberdeen when the lawsuit was filed, and added an additional plaintiff. The defendants subsequently filed new motions to dismiss. Throughout the end of 2018 and 2019, the parties engaged in briefing on the motions to dismiss and for preliminary injunctions.

On August 24, 2020, the plaintiffs filed a motion to open discovery. In response, the defendants urged the court to delay the opening of discovery pending the resolution of the plaintiff's motions for preliminary injunctions and future motions to dismiss by the defendants. On August 26, 2020, the court lifted the stay on discovery, but on September 11, 2020, the court granted the defendant's motion to reconsider. The court then referred the motions for a preliminary injunction to Magistrate Judge Jodi F. Jayne on September 26, 2020.

The district court granted defendants' motion to dismiss on March 12, 2021, mooting plaintiffs' motions to open discovery and enter a preliminary injunction. The court's dismissal was based on three doctrines that limit federal review of state matters: the Rooker-Feldman, Younger, and Heck doctrines. Rooker-Feldman precludes lower federal courts from exercising appellate jurisdiction over final state-court judgments. Here, Rooker-Feldman precluded the district court from reviewing Oklahoma's assessment of costs and fines as part of the criminal sentences imposed. Next, the Younger legal doctrine precludes lower federal courts from interfering with pending state court proceedings except under extraordinary circumstances. Here, several of the plaintiff's cases were on-going because they were either sentenced or agreed to pay these sums as part of their sentence, so review was improper. Finally, under Heck, § 1983 doesn't recognize claims for allegedly unconstitutional convictions until they have been invalidated. Here, granting plaintiffs' their requested relief would invalidate a portion of their sentence, and therefore this suit was barred under Heck. Under these doctrine's, the district court lacked subject matter jurisdiction to hear this case.

This case is closed as of March 12, 2021.

Summary Authors

Michael Cronin (2/5/2021)

Jordan Katz (4/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6386385/parties/wilkins-v-aberdeen-enterprizes-ii-inc/


Judge(s)

Jayne, Jodi F. (Oklahoma)

Kern, Terence C. (Oklahoma)

Attorneys(s) for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Downer, Ryan Chasce (District of Columbia)

Hubbard, Katherine (District of Columbia)

Karakatsanis, Alec (District of Columbia)

Letter, Douglas (District of Columbia)

Lopez, Marco Antonio (District of Columbia)

McCord, Mary B. (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Judge(s)

Jayne, Jodi F. (Oklahoma)

Kern, Terence C. (Oklahoma)

Attorneys(s) for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Downer, Ryan Chasce (District of Columbia)

Hubbard, Katherine (District of Columbia)

Karakatsanis, Alec (District of Columbia)

Letter, Douglas (District of Columbia)

Lopez, Marco Antonio (District of Columbia)

McCord, Mary B. (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Rossi, Elizabeth Anne (District of Columbia)

Smolen, Molly (California)

Wayne, Seth (District of Columbia)

Webb, Jill Elizabeth (Oklahoma)

Attorneys(s) for Defendant

Applegate, Robert Earl (Oklahoma)

Betts, Robert Lamar (Oklahoma)

Chilcoat, Kelsey Ann (Oklahoma)

Ellis, Isaac Robertson (Oklahoma)

Etherington, Aaron (Oklahoma)

Freeman-Burney, Melodie (Oklahoma)

Hall, Kimberly Majors (Oklahoma)

Heggy, Rodney J (Oklahoma)

James, Robert Dale (Oklahoma)

Jeter, Jo Lynn (Oklahoma)

Jones, William Caleb (Oklahoma)

Kelso, April Danielle (Oklahoma)

Kosmider, Emily Brooks (Oklahoma)

Lafferrandre, Robert Stevens (Oklahoma)

Lawson, Stefanie E. (Oklahoma)

LeBlanc, Thomas Adrian (Oklahoma)

Parker, David Graham (Oklahoma)

Parrish, Harry Anthony (Oklahoma)

Powers, Barrett Lynn (Oklahoma)

Remillard, Carri Ann (Oklahoma)

Shouse, Michael (Oklahoma)

Wagner, Todd Michael (Oklahoma)

Warzecha, Chris M (Oklahoma)

Wilson, Douglas Allen (Oklahoma)

Wohlgemuth, Joel L. (Oklahoma)

Wood, James Randall (California)

Woodard, John R (Oklahoma)

Woods, Maurice Glenn (Oklahoma)

Other Attorney(s)

Friedman, Robert D. (District of Columbia)

Documents in the Clearinghouse

Document

4:17-cv-00606

Docket [PACER]

Wilkins v. Aberdeen Enterprizes II

Jan. 5, 2021

Jan. 5, 2021

Docket
2

4:17-cv-00606

Complaint

Wilkins v. Aberdeen Enterprizes II

Nov. 2, 2017

Nov. 2, 2017

Complaint
211

4:17-cv-00606

Opinion and Order

Graff v. Aberdeen Enterprizes II

2018 WL 4517468

Sept. 20, 2018

Sept. 20, 2018

Order/Opinion
212

4:17-cv-00606

Second Amended Class Action Complaint

Graff v. Aberdeen Enterprizes II

Sept. 21, 2018

Sept. 21, 2018

Complaint
352

4:17-cv-00606

Opinion and Order

Graff v. Aberdeen Enterprises, II, Inc.

March 12, 2021

March 12, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6386385/wilkins-v-aberdeen-enterprizes-ii-inc/

Last updated June 9, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET by Ira Lee Wilkins (Smolen, Daniel) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
2

COMPLAINT with Jury Demand against All Defendants (paid $400 filing fee; receipt number 1085-1843185) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

RECAP
3

ATTORNEY APPEARANCE by John R Woodard, III on behalf of Aberdeen Enterprizes II, Inc. [Note: Attorney John R Woodard, III added to party Aberdeen Enterprizes II, Inc.(pty:dft).] (Woodard, John) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
4

ATTORNEY APPEARANCE by Robert Earl Applegate on behalf of Aberdeen Enterprizes II, Inc. [Note: Attorney Robert Earl Applegate added to party Aberdeen Enterprizes II, Inc.(pty:dft).] (Applegate, Robert) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
5

CORPORATE DISCLOSURE STATEMENT by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
6

Unopposed MOTION for Leave to Exceed Page Limitation by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
7

MINUTE ORDER by Judge Claire V Eagan that defendant Aberdeen Enterprizes II, Inc. may file an excess-page motion to dismiss as requested ; granting 6 Motion for Leave to Exceed Page Limitation (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
8

MOTION to Dismiss for Failure to State a Claim by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP

MINUTE ORDER by Court Clerk, directing Aberdeen Enterprizes II, Inc. to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk)

Jan. 12, 2018

Jan. 12, 2018

PACER

Minute Order

Jan. 12, 2018

Jan. 12, 2018

PACER
9

MINUTE ORDER by Judge Claire V Eagan - Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in entering the scheduling order. If necessary, a scheduling order will be entered after ruling on the pending motion to dismiss (Dkt. # 8). (Re: 2 Complaint, 8 MOTION to Dismiss for Failure to State a Claim ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
10

SUMMONS Issued by Court Clerk as to All Defendants (jln, Dpty Clk) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
11

SUMMONS Returned Executed re: Bryan Jump (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
12

SUMMONS Returned Executed re: Steve Kelley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
13

MOTION for Attorney(s) Mary B. McCord, Seth T. Wayne and Robert D. Friedman to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number 1085-1870998) by Ira Lee Wilkins (With attachments) (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER

Notice of Docket Entry Modification

Jan. 29, 2018

Jan. 29, 2018

PACER
14

SUMMONS Returned Executed re: Norman Fisher (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
15

SUMMONS Returned Executed re: Joe Lester (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
16

SUMMONS Returned Executed re: Bret Bowling (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
17

SUMMONS Returned Executed re: Harlan Moore (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
18

SUMMONS Returned Executed re: Jesse James (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
19

SUMMONS Returned Executed re: Rob Seale (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
20

SUMMONS Returned Executed re: Mike Reed (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
21

SUMMONS Returned Executed re: Kevin Clardy (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
22

SUMMONS Returned Executed re: Kevin Ledbetter (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
23

SUMMONS Returned Executed re: Kevin Ledbetter (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) Modified on 1/29/2018- STRICKEN per 35 (srt, Dpty Clk). (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
24

SUMMONS Returned Executed re: Sandy Hadley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
25

SUMMONS Returned Executed re: Eddy Rice (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
26

SUMMONS Returned Executed re: Eddie Virden (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
27

SUMMONS Returned Executed re: Mike Waters (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
28

SUMMONS Returned Executed re: R B Hauf (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
29

SUMMONS Returned Executed re: B J Hedgecock (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
30

SUMMONS Returned Executed re: Scott Walton (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
31

SUMMONS Returned Executed re: Larry Lane (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
32

SUMMONS Returned Executed re: Chris Elliott (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
33

SUMMONS Returned Executed re: Rick Silver (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
34

ORDER by Judge Claire V Eagan (re Attys Mary B. McCord, Seth T. Wayne, and Robert D. Friedman for plaintiff) ; granting 13 Motion for Admission Pro Hac Vice (RGG, Chambers) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
35

MINUTE ORDER by Judge Claire V Eagan that the return of service (Dkt. # 23) is stricken as it is a duplicate of Dkt # 22., striking/withdrawing document(s) (Re: 23 Summons Returned Executed ) (Documents Terminated: 23 Summons Returned Executed ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) Modified on 1/29/2018 to correct docket text to reflect #23 is stricken (srt, Dpty Clk). (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER

NOTICE of Docket Entry Modification; Error: incorrect ruling was selected: sealing document(s); Correction: Edited docket text to reflect the correct ruling: document stricken (Re: 35 Minute Order,, Sealing Document(s),,, ) (srt, Dpty Clk)

Jan. 29, 2018

Jan. 29, 2018

PACER
36

MOTION for Attorney(s) Katherine Hubbard, Alec Karakatsanis and Elizabeth Rossi to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number 1085-1871591) by Ira Lee Wilkins (With attachments) (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
37

SUMMONS Returned Executed re: Jason Ritchie (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
38

SUMMONS Returned Executed re: Rick Wallace (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
39

SUMMONS Returned Executed re: Tony Head (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
40

SUMMONS Returned Executed re: Tony Almaguer (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
41

SUMMONS Returned Executed re: Chris West (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
42

SUMMONS Returned Executed re: Chris Bryant (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
43

SUMMONS Returned Executed re: Kenny Stradley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
44

SUMMONS Returned Executed re: Heath Winfrey (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
45

SUMMONS Returned Executed re: Clay Sander (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
46

SUMMONS Returned Executed re: Jerry Niles (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
47

SUMMONS Returned Executed re: Jim Weir (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
48

SUMMONS Returned Executed re: Scott Sterling (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
49

SUMMONS Returned Executed re: Marcia Maxwell (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
50

SUMMONS Returned Executed re: Roger Levick (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
51

SUMMONS Returned Executed re: Jeremie Wilson (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
52

SUMMONS Returned Executed re: Jon Smith (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
53

SUMMONS Returned Executed re: Dennis Banther (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
54

SUMMONS Returned Executed re: Damon Devereaux (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
55

SUMMONS Returned Executed re: Marty Grisham (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
56

SUMMONS Returned Executed re: Darrin Rodgers (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
57

SUMMONS Returned Executed re: Danny Cryer (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
58

SUMMONS Returned Executed re: Rob Frazier (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
59

SUMMONS Returned Executed re: Steven Worley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
60

SUMMONS Returned Executed re: P D Taylor (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
61

SUMMONS Returned Executed re: Jeremy Floyd (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
62

SUMMONS Returned Executed re: Mike Booth (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
63

SUMMONS Returned Executed re: Darren Atha (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
64

SUMMONS Returned Executed re: Shannon Smith (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
65

SUMMONS Returned Executed re: Matt Boley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
66

SUMMONS Returned Executed re: Bobby Whittington (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
67

SUMMONS Returned Executed re: Vic Regalado (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
68

SUMMONS Returned Executed re: Roger Reeve (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
69

SUMMONS Returned Executed re: Rudy Briggs, Jr (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
70

SUMMONS Returned Executed re: Kevin Mitchell (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
71

ORDER by Judge Claire V Eagan (re Attys Katherine Hubbard, Alec Karakatsanis, and Elizabeth Rossi for Plaintiff) ; granting 36 Motion for Admission Pro Hac Vice (RGG, Chambers) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
72

ATTORNEY APPEARANCE by Seth T Wayne on behalf of All Plaintiffs (Wayne, Seth) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
73

ATTORNEY APPEARANCE by Mary B McCord on behalf of All Plaintiffs (McCord, Mary) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
74

ATTORNEY APPEARANCE by Robert D Friedman on behalf of All Plaintiffs (Friedman, Robert) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
75

SUMMONS Returned Executed re: Tra Snider (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
76

AMENDED COMPLAINT with Jury Demand against All Defendants (Re: 2 Complaint ) by Ira Lee Wilkins (With attachments) (Friedman, Robert) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
77

MOTION for Preliminary Injunction by Carly Graff, Randy Frazier [Note: Attorney Robert D Friedman added to party Carly Graff(pty:pla), Attorney Robert D Friedman added to party Randy Frazier(pty:pla).] (With attachments) (Friedman, Robert) Modified on 2/2/2018; this is a two-part motion of which only one part was efiled - see Motion for Temporary Restraining Order dkt # 79 (srt, Dpty Clk). (Entered: 02/01/2018)

1 Exhibit Declaration of Carly Graff

View on PACER

2 Exhibit Declaration of Randy Frazier

View on PACER

3 Exhibit Carly Graff Court Docket

View on PACER

4 Exhibit Letter from Aberdeen, Inc.

View on PACER

5 Exhibit Declaration of Kailyn Gaines

View on PACER

6 Exhibit Randy Frazier Court Dockets

View on PACER

7 Exhibit Carly Graff Arrest Warrant

View on PACER

8 Proposed Order

View on PACER

Feb. 1, 2018

Feb. 1, 2018

RECAP
79

MOTION for Preliminary Injunction (submitted as dkt # 77 ) by Randy Frazier, Carly Graff (srt, Dpty Clk) Modified on 2/28/2018 to convert event from a Motion for Temporary Restraining Order to a Motion for Preliminary Injunction per 149 (sac-qc, Dpty Clk). (Entered: 02/02/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
78

MOTION for Class Action Certification by Randy Frazier, Carly Graff, Ira Lee Wilkins, David Smith, Kendallia Killman, Linda Meachum, Christopher Choate [Note: Attorney Robert D Friedman added to party David Smith(pty:pla), Attorney Robert D Friedman added to party Kendallia Killman(pty:pla), Attorney Robert D Friedman added to party Linda Meachum(pty:pla), Attorney Robert D Friedman added to party Christopher Choate(pty:pla).] (With attachments) (Friedman, Robert) (Entered: 02/02/2018)

1 Exhibit Declaration of Elizabeth Rossi

View on PACER

2 Proposed Order

View on PACER

Feb. 2, 2018

Feb. 2, 2018

PACER

Notice of Docket Entry Modification

Feb. 2, 2018

Feb. 2, 2018

PACER

NOTICE of Docket Entry Modification; Error: this is a two-part motion of which only one part was efiled; Correction: efiled Motion for Temporary Restraining Order at dkt # 79 (Re: 77 MOTION for Injunction - Preliminary) (srt, Dpty Clk)

Feb. 2, 2018

Feb. 2, 2018

PACER
80

SUMMONS Issued by Court Clerk as to Darlene Bailey, Board of County Commissioners of the County of Rogers, The, Board of County Commissioners of the County of Tulsa, The, Terrell S Crosson, Doug Drummond, Kim Henry, Dawn Moody, William J Musseman, Jr, Don Newberry, Jim D Shofner, Rob Shofner (jln, Dpty Clk) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
81

ATTORNEY APPEARANCE by Rodney J Heggy on behalf of P D Taylor [Note: Attorney Rodney J Heggy added to party P D Taylor(pty:dft).] (Heggy, Rodney) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
82

MOTION for Hearing (Re: 77 MOTION for Temporary Restraining Order ) by Randy Frazier, Carly Graff (With attachments) (Friedman, Robert) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
83

ATTORNEY APPEARANCE by Elizabeth Rossi on behalf of All Plaintiffs [Note: Attorney Elizabeth Rossi added to party Christopher Choate(pty:pla), Attorney Elizabeth Rossi added to party Randy Frazier(pty:pla), Attorney Elizabeth Rossi added to party Carly Graff(pty:pla), Attorney Elizabeth Rossi added to party Kendallia Killman(pty:pla), Attorney Elizabeth Rossi added to party Linda Meachum(pty:pla), Attorney Elizabeth Rossi added to party David Smith(pty:pla).] (Rossi, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
84

SUMMONS Returned Executed re: Oklahoma Sheriffs' Association (Re: 76 Amended Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
85

First MOTION for Leave to Exceed Page Limitation Motions to Dismiss in (1) Official Capacity and (2) Individual Capacity by P D Taylor (Heggy, Rodney) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
86

MINUTE ORDER by Judge Claire V Eagan that the motion is granted as requested ; granting 85 Motion for Leave to Exceed Page Limitation (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
87

SUMMONS Returned Executed re: Board of County Commissioners of the County of Rogers, The (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier [Note: Attorney Daniel E Smolen added to party Christopher Choate(pty:pla), Attorney Daniel E Smolen added to party Randy Frazier(pty:pla), Attorney Daniel E Smolen added to party Carly Graff(pty:pla), Attorney Daniel E Smolen added to party Kendallia Killman(pty:pla), Attorney Daniel E Smolen added to party Linda Meachum(pty:pla), Attorney Daniel E Smolen added to party David Smith(pty:pla).] (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
88

SUMMONS Returned Executed re: Board of County Commissioners of the County of Tulsa, The (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
89

SUMMONS Returned Executed re: Darlene Bailey (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
90

SUMMONS Returned Executed re: Don Newberry (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
91

SUMMONS Returned Executed re: Terrell S Crosson (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
92

SUMMONS Returned Executed re: Kim Henry (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
93

SUMMONS Returned Executed re: Jim D Shofner (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
94

SUMMONS Returned Executed re: Rob Shofner (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Nov. 2, 2017

Closing Date: March 12, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are all people who were found to be indigent by the courts of Oklahoma and assigned public defenders, who were later issued warrants and/or incarcerated for failure to pay criminal court fines and costs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Numerous County Sheriffs of Oklahoma, County

Aberdeen Enterprises II, Private Entity/Person

Oklahoma Sheriff's Association, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness