Case: NAACP v. Peterman

1:20-cv-00613 | U.S. District Court for the Middle District of North Carolina

Filed Date: July 2, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The complaint for this case was filed on July 2, 2020 in the U.S. District Court for the Middle District of North Carolina. The complaint challenged an ordinance in Graham, North Carolina that forced would-be organizers of protests to obtain a permit from the city at least twenty-four hours in advance. The ordinance gave the police chief total discretion to grant or deny permits based on whether the protest would cause a disturbance. Plaintiffs were individuals and organizations, including the …

The complaint for this case was filed on July 2, 2020 in the U.S. District Court for the Middle District of North Carolina. The complaint challenged an ordinance in Graham, North Carolina that forced would-be organizers of protests to obtain a permit from the city at least twenty-four hours in advance. The ordinance gave the police chief total discretion to grant or deny permits based on whether the protest would cause a disturbance. Plaintiffs were individuals and organizations, including the Alamance County Branch of the NAACP and the national NAACP, who wanted to protest systemic racism, police brutality, and a local Confederate monument in the aftermath of the killing of George Floyd. They were represented by counsel from the ACLU of North Carolina, the national ACLU, the Lawyers' Committee for Civil Rights Under Law, and private attorneys. Defendants were various city and county officials, including the Mayor of Graham, the Chief of Police of Graham Police Department, and the Sheriff of Alamance County. Plaintiffs brought the suit under 42 U.S.C. § 1983, alleging that the ordinance and its enforcement violated the First and Fourteenth Amendments of the Constitution. The First Amendment claim alleged that the ordinance was content-based regulation of speech and unconstitutional prior restraint. The Fourteenth Amendment claim alleged that the ordinance was unconstitutionally vague since it did not provide notice of what standards were required to get a permit and that it violated the plaintiffs' right to travel. Plaintiffs sought injunctive and declaratory relief, as well as attorney's fees and costs.

The case was assigned to Judge Catherine C. Eagles and Magistrate Judge L. Patrick Auld.

Defendants consented to a temporary restraining order (TRO) that would prohibit defendants from enforcing the ordinance for fourteen days. The court granted this consent motion on July 6. Then, on July 14, the city council repealed the ordinance, which rendered any issued or prospective injunctive relief moot. The court granted the order withdrawing motions for injunctive relief on July 16.

However, on July 17, plaintiffs filed an amended complaint which made the same legal complaints (violations of the First and Fourteenth Amendments), but this time focused on being allowed to protest at the courthouse, rather than the ordinance. On July 28, the plaintiffs submitted a second motion for a temporary restraining order that would enjoin the defendants from prohibiting their protests at the courthouse.

In early August, Judge Eagles issued her opinion regarding the motion for temporary restraining order and preliminary injunction. 2020 WL 457284. She held that, while the plaintiffs were highly likely to succeed on the merits, the balance of equities was in the defendants' favor as to the temporary restraining order. She found that the wording of the order was problematic and wanted to give defendants a chance to put in place reasonable time, place, and manner restrictions to protect public property. Therefore, she denied the motion for a temporary restraining order and left the motion for preliminary injunction pending.

On August 14, 2020, the court issued an order granting the plaintiffs' request for a preliminary injunction. 2020 WL 4738015. The court found that defendants' actions restricting protests at the courthouse constituted a total prohibition, rather than a time, place, or manner restriction. The total prohibition was not narrowly tailored, and so the court found that the plaintiffs were entitled to a preliminary injunction. The order enjoined the defendants from prohibiting protests at the courthouse steps, the courthouse lawns, the sidewalks, and the area between the courthouse and the Confederate monument. However, the order left an exemption that allowed the defendants to impose reasonable time, place, and manner restrictions or to temporarily prohibit protests in the event of a short-term emergency (for example, if a person had a heart attack and emergency services needed to interrupt the protest).

A few months later, the parties moved for stipulated consent decree. The district court approved their request on April 21, 2021. The consent decree required that: (1) specified areas around the courthouse must be open for first amendment activity; (2) any restrictions of free speech in these areas must be reasonable time, place, and manner restriction, and viewpoint- and content-neutral; (3) adopt amendments to their Facility Use Policy within thirty days such as "use fee waiver;" and (4) county defendants shall undergo implicit racial bias and racial equity training by September 24, 2021. The court retained jurisdiction over this matter for three years.

This case is closed pending defendants' compliance with the consent decree.

Summary Authors

Jack Hibbard (10/1/2020)

Jordan Katz (4/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17321304/parties/national-association-for-the-advancement-of-colored-people-v-peterman/


Judge(s)

Auld, Patrick (North Carolina)

Eagles, Catherine Caldwell (North Carolina)

Attorneys(s) for Plaintiff

Dorosin, Mark (North Carolina)

Eidelman, Vera (New York)

Graunke, Kristi L. (North Carolina)

Haddix, Elizabeth (North Carolina)

Holmes, Curtis Scott (North Carolina)

Siegel, Daniel K. (North Carolina)

Sykes, Emerson J (New York)

Attorneys(s) for Defendant

Biller, Anthony Joseph (North Carolina)

Judge(s)

Auld, Patrick (North Carolina)

Eagles, Catherine Caldwell (North Carolina)

Attorneys(s) for Plaintiff

Dorosin, Mark (North Carolina)

Eidelman, Vera (New York)

Graunke, Kristi L. (North Carolina)

Haddix, Elizabeth (North Carolina)

Holmes, Curtis Scott (North Carolina)

Siegel, Daniel K. (North Carolina)

Sykes, Emerson J (New York)

Attorneys(s) for Defendant

Biller, Anthony Joseph (North Carolina)

Ferguson, Jay Hardin (North Carolina)

Hill, William L (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

National Association for the Advancement of Colored People v. Peterman

Sept. 11, 2020 Docket
2 (incl. 2-1 to 2-10)

Motion for a Temporary Restraining Order and Preliminary Injunction

National Association for the Advancement of Colored People Alamance County Branch v. Peterman

July 2, 2020 Pleading / Motion / Brief
1

Complaint for Injunctive and Declaratory Relief

National Association for the Advancement of Colored People v. Peterman

July 2, 2020 Complaint
3

Brief in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

National Association for the Advancement of Colored People v. Peterman

July 3, 2020 Pleading / Motion / Brief
15

Consent Temporary Restraining Order

National Association for the Advancement of Colored People v. Peterman

July 6, 2020 Order/Opinion
22

Defendants Terry S. Johnson and Bryan Hagood's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

National Association for the Advancement of Colored People v. Peterman

July 15, 2020 Pleading / Motion / Brief
27

First Amended Complaint

National Association for the Advancement of Colored People v. Peterman

July 17, 2020 Complaint
57

Memorandum Opinion and Order

2020 WL 4572848

Aug. 7, 2020 Order/Opinion
62

Memorandum Opinion and Order

479 F.Supp.3d 231, 2020 WL 4738015

Aug. 14, 2020 Order/Opinion
63

Preliminary Injunction

Aug. 14, 2020 Order/Opinion

Resources

Title Description External URL

NAACP Alamance v. Peterman (Protest Rights)

ACLU of North Carolina

The American Civil Liberties Union together with a coalition of civil rights groups filed an emergency lawsuit against the city of Graham, North Carolina, seeking to immediately block a city ordinanc… July 6, 2020 https://www.acluofnorthcarolina.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17321304/national-association-for-the-advancement-of-colored-people-v-peterman/

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

ECF Number Description Date Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2836947.), filed by Nerissa Rivera, Colleen Tenae Turner, Adam Rose, Gregory B. Drumwright, Tamara O Kersey, Annie Simpson, Terence Colin Dodd, National Association for the Advancement of Colored People, Destiny Clarke.(GRAUNKE, KRISTI) (Entered: 07/02/2020)

July 2, 2020 Clearinghouse
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2836947.), filed by Nerissa Rivera, Colleen Tenae Turner, Adam Rose, Gregory B. Drumwright, Tamara O Kersey, Annie Simpson, Terence Colin Dodd, National Association for the Advancement of Colored People, Destiny Clarke.(GRAUNKE, KRISTI) (Entered: 07/02/2020)

July 2, 2020 Clearinghouse
2

MOTION for Temporary Restraining Order and Preliminary Injunction by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/23/2020 (Attachments: # 1 Affidavit NAACP- Barrett Brown, # 2 Affidavit Tamara Kersey, # 3 Affidavit Colleen Tenae Turner, # 4 Affidavit Terence Colin Dodd, # 5 Affidavit Destiny Clarke, # 6 Affidavit Nerissa Rivera, # 7 Affidavit Adam Rose, # 8 Affidavit Annie Simpson, # 9 Affidavit Gregory Drumwright, # 10 Text of Proposed Order Temporary Restraining Order)(GRAUNKE, KRISTI) (Entered: 07/03/2020)

1 Affidavit NAACP- Barrett Brown

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2 Affidavit Tamara Kersey

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3 Affidavit Colleen Tenae Turner

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4 Affidavit Terence Colin Dodd

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5 Affidavit Destiny Clarke

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6 Affidavit Nerissa Rivera

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7 Affidavit Adam Rose

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8 Affidavit Annie Simpson

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9 Affidavit Gregory Drumwright

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10 Text of Proposed Order Temporary Restraining Order

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July 2, 2020 Clearinghouse
2

MOTION for Temporary Restraining Order and Preliminary Injunction by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/23/2020 (Attachments: # 1 Affidavit NAACP- Barrett Brown, # 2 Affidavit Tamara Kersey, # 3 Affidavit Colleen Tenae Turner, # 4 Affidavit Terence Colin Dodd, # 5 Affidavit Destiny Clarke, # 6 Affidavit Nerissa Rivera, # 7 Affidavit Adam Rose, # 8 Affidavit Annie Simpson, # 9 Affidavit Gregory Drumwright, # 10 Text of Proposed Order Temporary Restraining Order)(GRAUNKE, KRISTI) (Entered: 07/03/2020)

1 Affidavit NAACP- Barrett Brown

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2 Affidavit Tamara Kersey

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3 Affidavit Colleen Tenae Turner

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4 Affidavit Terence Colin Dodd

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5 Affidavit Destiny Clarke

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6 Affidavit Nerissa Rivera

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7 Affidavit Adam Rose

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8 Affidavit Annie Simpson

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9 Affidavit Gregory Drumwright

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10 Text of Proposed Order Temporary Restraining Order

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July 2, 2020 Clearinghouse
3

BRIEF re 2 MOTION for Temporary Restraining Order in Support of Temporary Restraining Order and Preliminary Injunction. (GRAUNKE, KRISTI) (Entered: 07/03/2020)

July 3, 2020 Clearinghouse
3

BRIEF re 2 MOTION for Temporary Restraining Order in Support of Temporary Restraining Order and Preliminary Injunction. (GRAUNKE, KRISTI) (Entered: 07/03/2020)

July 3, 2020 Clearinghouse
4

NOTICE of Appearance by attorney CURTIS SCOTT HOLMES on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (HOLMES, CURTIS) (Entered: 07/03/2020)

July 3, 2020 PACER
4

NOTICE of Appearance by attorney CURTIS SCOTT HOLMES on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (HOLMES, CURTIS) (Entered: 07/03/2020)

July 3, 2020 PACER
5

NOTICE of Appearance by attorney VERA EIDELMAN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (EIDELMAN, VERA) (Entered: 07/03/2020)

July 3, 2020 PACER
5

NOTICE of Appearance by attorney VERA EIDELMAN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (EIDELMAN, VERA) (Entered: 07/03/2020)

July 3, 2020 PACER
6

NOTICE of Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (SIEGEL, DANIEL) (Entered: 07/03/2020)

July 3, 2020 PACER
6

NOTICE of Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (SIEGEL, DANIEL) (Entered: 07/03/2020)

July 3, 2020 PACER
7

NOTICE of Appearance by attorney MARK DOROSIN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (DOROSIN, MARK) (Main Document 7 replaced on 7/6/2020 with corrected PDF document) (Garland, Leah) (Entered: 07/03/2020)

July 3, 2020 PACER
7

NOTICE of Appearance by attorney MARK DOROSIN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (DOROSIN, MARK) (Main Document 7 replaced on 7/6/2020 with corrected PDF document) (Garland, Leah) (Entered: 07/03/2020)

July 3, 2020 PACER

Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Powell, Gloria)

July 3, 2020 PACER

Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Powell, Gloria)

July 3, 2020 PACER

Motions Submitted: 2 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Powell, Gloria)

July 3, 2020 PACER

Motions Submitted: 2 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Powell, Gloria)

July 3, 2020 PACER
8

NOTICE by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner re 2 MOTION for Temporary Restraining Order of Supplemental Exhibit (Attachments: # 1 Exhibit 1- Demand Letter)(GRAUNKE, KRISTI) (Entered: 07/03/2020)

1 Exhibit 1- Demand Letter

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July 3, 2020 PACER
8

NOTICE by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner re 2 MOTION for Temporary Restraining Order of Supplemental Exhibit (Attachments: # 1 Exhibit 1- Demand Letter)(GRAUNKE, KRISTI) (Entered: 07/03/2020)

1 Exhibit 1- Demand Letter

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July 3, 2020 PACER

ELECTRONIC NOTICE of Hearing on Motion for Temporary Restraining set for 7/6/2020 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Defendants' Attorneys Ward, Coleman, and Albright notified via separate email.)(Powell, Gloria)

July 3, 2020 PACER

ELECTRONIC NOTICE of Hearing on Motion for Temporary Restraining set for 7/6/2020 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Defendants' Attorneys Ward, Coleman, and Albright notified via separate email.)(Powell, Gloria)

July 3, 2020 PACER

ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Temporary Restraining Order set for 7/6/2020 11:00 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. Any attorney who will address the Court on behalf of a party must appear in person. (Powell, Gloria)

July 3, 2020 PACER

ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Temporary Restraining Order set for 7/6/2020 11:00 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. Any attorney who will address the Court on behalf of a party must appear in person. (Powell, Gloria)

July 3, 2020 PACER

Case Assigned

July 3, 2020 PACER

Case Assigned

July 3, 2020 PACER

Motions Submitted

July 3, 2020 PACER

Motions Submitted

July 3, 2020 PACER

Notice of Hearing

July 3, 2020 PACER

Notice of Hearing

July 3, 2020 PACER

Notice - Other

July 3, 2020 PACER

Notice - Other

July 3, 2020 PACER
9

RESPONSE filed by Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS re 2 MOTION for Temporary Restraining Order filed by National Association for the Advancement of Colored People, Annie Simpson, Adam Rose, Colleen Tenae Turner, Tamara O Kersey, Terence Colin Dodd, Gregory B. Drumwright, Nerissa Rivera, Destiny Clarke filed by RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Replies due by 7/20/2020 (FERGUSON, JAY) (Entered: 07/05/2020)

July 5, 2020 PACER
9

RESPONSE filed by Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS re 2 MOTION for Temporary Restraining Order filed by National Association for the Advancement of Colored People, Annie Simpson, Adam Rose, Colleen Tenae Turner, Tamara O Kersey, Terence Colin Dodd, Gregory B. Drumwright, Nerissa Rivera, Destiny Clarke filed by RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Replies due by 7/20/2020 (FERGUSON, JAY) (Entered: 07/05/2020)

July 5, 2020 PACER
10

NOTICE of Appearance by attorney JAY HARDIN FERGUSON on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (FERGUSON, JAY) (Entered: 07/05/2020)

July 5, 2020 PACER
10

NOTICE of Appearance by attorney JAY HARDIN FERGUSON on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (FERGUSON, JAY) (Entered: 07/05/2020)

July 5, 2020 PACER

Notice of Rescheduling In Person to Video Conference Hearing: In the interests of public and individual health, the July 6 hearing at 11 am will be by video conference via Zoom. Counsel will receive a link. The public access line to listen to the audio and to see the video of the proceedings will be available in Courtroom 3 of the Greensboro courthouse. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Powell, Gloria)

July 5, 2020 PACER

Notice of Rescheduling In Person to Video Conference Hearing: In the interests of public and individual health, the July 6 hearing at 11 am will be by video conference via Zoom. Counsel will receive a link. The public access line to listen to the audio and to see the video of the proceedings will be available in Courtroom 3 of the Greensboro courthouse. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Powell, Gloria)

July 5, 2020 PACER
11

Consent MOTION for Temporary Restraining Order by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/27/2020 (Attachments: # 1 Text of Proposed Order Consent Temporary Restraining Order)(GRAUNKE, KRISTI) (Entered: 07/05/2020)

1 Text of Proposed Order Consent Temporary Restraining Order

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July 5, 2020 RECAP
11

Consent MOTION for Temporary Restraining Order by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/27/2020 (Attachments: # 1 Text of Proposed Order Consent Temporary Restraining Order)(GRAUNKE, KRISTI) (Entered: 07/05/2020)

1 Text of Proposed Order Consent Temporary Restraining Order

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July 5, 2020 RECAP

Notice of Video Conference Hearing

July 5, 2020 PACER

Notice of Video Conference Hearing

July 5, 2020 PACER

ELECTRONIC NOTICE of cancellation of Hearing for Temporary Retraining Order. (Sanders, Marlene)

July 6, 2020 PACER

ELECTRONIC NOTICE of cancellation of Hearing for Temporary Retraining Order. (Sanders, Marlene)

July 6, 2020 PACER

Motions Submitted: 11 Consent MOTION for Temporary Restraining Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 6, 2020 PACER

Motions Submitted: 11 Consent MOTION for Temporary Restraining Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 6, 2020 PACER
12

***FILED IN ERROR***NOTICE by National Association for the Advancement of Colored People (HADDIX, ELIZABETH) Modified on 7/6/2020 to mark as Filed in Error and remove from view. Attorney instructed to properly re-file. (Garland, Leah) (Entered: 07/06/2020)

July 6, 2020 PACER
12

***FILED IN ERROR***NOTICE by National Association for the Advancement of Colored People (HADDIX, ELIZABETH) Modified on 7/6/2020 to mark as Filed in Error and remove from view. Attorney instructed to properly re-file. (Garland, Leah) (Entered: 07/06/2020)

July 6, 2020 PACER
13

NOTICE of Appearance by attorney ELIZABETH MCLAUGHLIN HADDIX on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (HADDIX, ELIZABETH) (Entered: 07/06/2020)

July 6, 2020 PACER
13

NOTICE of Appearance by attorney ELIZABETH MCLAUGHLIN HADDIX on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (HADDIX, ELIZABETH) (Entered: 07/06/2020)

July 6, 2020 PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Hicks, Samantha)

July 6, 2020 PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Hicks, Samantha)

July 6, 2020 PACER
14

NOTICE of Appearance by attorney EMERSON J. SYKES on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (SYKES, EMERSON) (Main Document 14 replaced on 7/6/2020) (Hicks, Samantha). (Entered: 07/06/2020)

July 6, 2020 PACER
14

NOTICE of Appearance by attorney EMERSON J. SYKES on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (SYKES, EMERSON) (Main Document 14 replaced on 7/6/2020) (Hicks, Samantha). (Entered: 07/06/2020)

July 6, 2020 PACER
15

CONSENT TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 7/6/2020; Plaintiffs' motion for a temporary restraining order is GRANTED. The Graham Defendants and Defendant Johnson are hereby RESTRAINED from enforcing the Ordinance and the Ordinance shall have no force or effect pending further orders of the Court. In the Court's discretion, the bond requirement under Rule 65(c) is waived. This Order shall be in effect for 14 days. Pursuant to Fed. R. Civ. P. 65(d)(2), Plaintiffs shall provide Defendants with notice of this Order and Defendants shall immediately provide Notice to their officers, attorneys, agents, employees, and other persons who are in active concert or participation with them. The Court will continue to review Plaintiffs' Motion for a Preliminary Injunction, and a hearing on that motion will be held by the undersigned on July 20, 2020 at 9:00 a.m. (Hicks, Samantha) (Entered: 07/06/2020)

July 6, 2020 Clearinghouse
15

CONSENT TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 7/6/2020; Plaintiffs' motion for a temporary restraining order is GRANTED. The Graham Defendants and Defendant Johnson are hereby RESTRAINED from enforcing the Ordinance and the Ordinance shall have no force or effect pending further orders of the Court. In the Court's discretion, the bond requirement under Rule 65(c) is waived. This Order shall be in effect for 14 days. Pursuant to Fed. R. Civ. P. 65(d)(2), Plaintiffs shall provide Defendants with notice of this Order and Defendants shall immediately provide Notice to their officers, attorneys, agents, employees, and other persons who are in active concert or participation with them. The Court will continue to review Plaintiffs' Motion for a Preliminary Injunction, and a hearing on that motion will be held by the undersigned on July 20, 2020 at 9:00 a.m. (Hicks, Samantha) (Entered: 07/06/2020)

July 6, 2020 Clearinghouse
16

NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant TERRY S. JOHNSON (HILL, WILLIAM) (Entered: 07/06/2020)

July 6, 2020 PACER
16

NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant TERRY S. JOHNSON (HILL, WILLIAM) (Entered: 07/06/2020)

July 6, 2020 PACER
17

NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant BRYAN HAGOOD (HILL, WILLIAM) (Entered: 07/06/2020)

July 6, 2020 PACER
17

NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant BRYAN HAGOOD (HILL, WILLIAM) (Entered: 07/06/2020)

July 6, 2020 PACER

Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 7/20/2020 09:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Hicks, Samantha)

July 6, 2020 PACER

Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 7/20/2020 09:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Hicks, Samantha)

July 6, 2020 PACER

Notice - Other

July 6, 2020 PACER

Notice - Other

July 6, 2020 PACER

Motions Submitted

July 6, 2020 PACER

Motions Submitted

July 6, 2020 PACER

Case Referred to Mediation

July 6, 2020 PACER

Case Referred to Mediation

July 6, 2020 PACER

Set/Reset Deadlines/Hearings

July 6, 2020 PACER

Set/Reset Deadlines/Hearings

July 6, 2020 PACER
18

STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 07/07/2020)

July 7, 2020 PACER
18

STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 07/07/2020)

July 7, 2020 PACER

TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court anticipates resolving the pending motion for preliminary injunction on the record without an evidentiary hearing. Briefs and evidence in opposition are due by 5:00 p.m. July 15, 2020, and any reply brief and rebuttal evidence is due by noon on July 17, 2020. The hearing on July 20, 2020, will be conducted via video conference and counsel will receive a link. Public access method will be set by later order. (Sanders, Marlene)

July 10, 2020 PACER

TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court anticipates resolving the pending motion for preliminary injunction on the record without an evidentiary hearing. Briefs and evidence in opposition are due by 5:00 p.m. July 15, 2020, and any reply brief and rebuttal evidence is due by noon on July 17, 2020. The hearing on July 20, 2020, will be conducted via video conference and counsel will receive a link. Public access method will be set by later order. (Sanders, Marlene)

July 10, 2020 PACER

Order

July 10, 2020 PACER

Order

July 10, 2020 PACER
19

NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (BILLER, ANTHONY) (Entered: 07/11/2020)

July 11, 2020 PACER
19

NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (BILLER, ANTHONY) (Entered: 07/11/2020)

July 11, 2020 PACER
20

MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward by on behalf of RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Responses due by 8/3/2020 (Attachments: # 1 Text of Proposed Order) (FERGUSON, JAY) (Entered: 07/13/2020)

1 Text of Proposed Order

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July 13, 2020 PACER
20

MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward by on behalf of RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Responses due by 8/3/2020 (Attachments: # 1 Text of Proposed Order) (FERGUSON, JAY) (Entered: 07/13/2020)

1 Text of Proposed Order

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July 13, 2020 PACER

Motions Submitted: 20 MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 13, 2020 PACER

Motions Submitted: 20 MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 13, 2020 PACER

Motions Submitted

July 13, 2020 PACER

Motions Submitted

July 13, 2020 PACER
21

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/14/2020; that the motion to withdraw, Doc. 20, is GRANTED and Robert M. Ward and Jay H. Ferguson are relieved of any further responsibility in this case. (Sheets, Jamie) (Entered: 07/14/2020)

July 14, 2020 PACER
21

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/14/2020; that the motion to withdraw, Doc. 20, is GRANTED and Robert M. Ward and Jay H. Ferguson are relieved of any further responsibility in this case. (Sheets, Jamie) (Entered: 07/14/2020)

July 14, 2020 PACER

Electronic Notice to all parties: Hearing regarding Motion for Temporary Restraining Order 2 RESCHEDULED to 7/20/20 at 10:30 a.m., will be conducted via video conference and counsel will receive a link. Public access will be set out later. (Sanders, Marlene)

July 14, 2020 PACER

Electronic Notice to all parties: Hearing regarding Motion for Temporary Restraining Order 2 RESCHEDULED to 7/20/20 at 10:30 a.m., will be conducted via video conference and counsel will receive a link. Public access will be set out later. (Sanders, Marlene)

July 14, 2020 PACER

Reset Hearings: Motion for Temporary Restraining Order 2 Hearing RESET for 7/20/20 10:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 14, 2020 PACER

Reset Hearings: Motion for Temporary Restraining Order 2 Hearing RESET for 7/20/20 10:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

July 14, 2020 PACER

Notice - Other

July 14, 2020 PACER

Notice - Other

July 14, 2020 PACER

Set/Reset Deadlines/Hearings

July 14, 2020 PACER

Set/Reset Deadlines/Hearings

July 14, 2020 PACER

ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Preliminary Injunction set for 7/20/20 at 10:30 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. (Sanders, Marlene)

July 15, 2020 PACER

ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Preliminary Injunction set for 7/20/20 at 10:30 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. (Sanders, Marlene)

July 15, 2020 PACER
22

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON filed by TERRY S. JOHNSON. Replies due by 7/29/2020 (Attachments: # 1 Exhibit A - Declaration of Bryan Hagood, # 2 Exhibit B - Declaration of Lt. Scott Gaither, # 3 Exhibit C - Repeal Ordinance )(HILL, WILLIAM) (Entered: 07/15/2020)

1 Exhibit A - Declaration of Bryan Hagood

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2 Exhibit B - Declaration of Lt. Scott Gaither

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3 Exhibit C - Repeal Ordinance

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July 15, 2020 Clearinghouse
22

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON filed by TERRY S. JOHNSON. Replies due by 7/29/2020 (Attachments: # 1 Exhibit A - Declaration of Bryan Hagood, # 2 Exhibit B - Declaration of Lt. Scott Gaither, # 3 Exhibit C - Repeal Ordinance )(HILL, WILLIAM) (Entered: 07/15/2020)

1 Exhibit A - Declaration of Bryan Hagood

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2 Exhibit B - Declaration of Lt. Scott Gaither

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3 Exhibit C - Repeal Ordinance

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July 15, 2020 Clearinghouse
23

WITHDRAWAL of Motion by Plaintiff NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE re 2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON (HADDIX, ELIZABETH) (Entered: 07/15/2020)

July 15, 2020 PACER
23

WITHDRAWAL of Motion by Plaintiff NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE re 2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON (HADDIX, ELIZABETH) (Entered: 07/15/2020)

July 15, 2020 PACER

State / Territory: North Carolina

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: July 2, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

NAACP of Alamance County, NAACP national, and several individual plaintiffs

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mayor of Graham (Graham), City

Chief of Police of Graham (Graham), City

Sheriff of Alamance County, County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact