Case: Nashville Community Bail Fund v. Gentry

3:20-cv-00103 | U.S. District Court for the Middle District of Tennessee

Filed Date: Feb. 5, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This federal civil rights case successfully challenged a Davidson county Tennessee rule requiring garnishment of bail bonds, as applied to a non-profit bail bond service. Davidson County, TN, has a local rule that allows the County Criminal Court to garnish bond deposits made by criminal defendants to pay prior judgment fees--including fines, court costs, and restitution. If incarcerated people do not agree to potential garnishment, they are not allowed to post bond. In practice, the Nashville …

This federal civil rights case successfully challenged a Davidson county Tennessee rule requiring garnishment of bail bonds, as applied to a non-profit bail bond service.

Davidson County, TN, has a local rule that allows the County Criminal Court to garnish bond deposits made by criminal defendants to pay prior judgment fees--including fines, court costs, and restitution. If incarcerated people do not agree to potential garnishment, they are not allowed to post bond. In practice, the Nashville Community Bail Fund (NCBF), a non-profit that provides bail bonds to indigent arrestees, was exempted from this rule for years. But in September 2019, the County Criminal Court judges revoked the exemption.

On February 5, 2020, the NCBF filed this lawsuit in the U.S. District Court for the Middle District of Tennessee (in Nashville). The plaintiff sued the Davidson County Criminal Court Clerk under 42 U.S.C. § 1983. Represented by the ACLU, Civil Rights Corps, and a Nashville-based non-profit law firm Choosing Justice Initiative, the plaintiff sought injunctive and declaratory relief. NCBF claimed that the revocation of its longstanding exemption violated the Eighth Amendment prohibition on excessive bail as well as the Fourteenth Amendment doctrine of unconstitutional conditions, and the Fourteenth Amendment’s right to due process.

On March 17, 2020 District Judge Aleta Trauger granted NCBF’s motion for a preliminary injunction. This injunction prohibited the County Criminal Court Clerk from requiring NCBF to agree to the garnishment rule for bonds that it sought to post. 446 F. Supp. 3d 282. Judge Trauger denied the plaintiff’s request to enjoin the enforcement of the garnishment rule altogether in the Davidson County court system.

The Court also denied two government motions to dismiss the case, first in the Preliminary Injunction opinion on March 17, 2020, and again in an opinion on October 26, 2020, 496 F. Supp. 3d 1112. With the strength of these preliminary victories, on November 11, 2020, the plaintiff sought final summary judgment. Instead, the parties entered into a consent decree which was approved by Judge Trauger on December 19. The settlement made the preliminary injunction permanent. Although the defendant reserved the right to appeal the prior denial of his motion to dismiss in the consent decree, in fact he never filed such an appeal.

The settlement permanently preserved the district court's jurisdiction to enforce its terms.

The matter is ongoing as the parties are litigating over who should pay attorneys fees and how much.

Summary Authors

Esteban Woo Kee (6/2/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16810122/parties/nashville-community-bail-fund-the-v-howard-gentry/


Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Bergman, Angela Lee (Tennessee)

Buskey, Brandon (New York)

Castelli, Thomas H. (Tennessee)

Deaner, C. Dawn (Tennessee)

Gerstein, Charles L. (District of Columbia)

Sprick Schuster, Briana T (Tennessee)

Woods, Andrea (New York)

Yarbrough, Stella Marie (Tennessee)

Attorneys(s) for Defendant

Ayers, John W (Tennessee)

Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Bergman, Angela Lee (Tennessee)

Buskey, Brandon (New York)

Castelli, Thomas H. (Tennessee)

Deaner, C. Dawn (Tennessee)

Gerstein, Charles L. (District of Columbia)

Sprick Schuster, Briana T (Tennessee)

Woods, Andrea (New York)

Yarbrough, Stella Marie (Tennessee)

Attorneys(s) for Defendant

Ayers, John W (Tennessee)

Bussell, Allison L. (Tennessee)

Klein, Kevin C. (Tennessee)

Loofbourrow, Ryan P (Tennessee)

Documents in the Clearinghouse

Document

Docket

March 17, 2021 Docket
1

Complaint for Injunctive and Declaratory Relief

Feb. 5, 2020 Complaint
22

Memorandum

446 F.Supp.3d 282

March 17, 2020 Order/Opinion
23

Order

March 17, 2020 Order/Opinion
65

Memorandum

496 F.Supp.3d 1112

Oct. 26, 2020 Order/Opinion
77

Consent Judgment and Decree

Dec. 9, 2020 Order/Opinion

Resources

Title Description External URL

Nashville Community Bail Fund v. Gentry

ACLU

In Nashville, local officials keep money posted as bail to pay fines and fees. This happens even when the person whose bond was posted shows up to their required court dates. Under a local court rule… Dec. 10, 2020 https://www.aclu.org/...

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16810122/nashville-community-bail-fund-the-v-howard-gentry/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Howard Gentry (Filing fee $400, Receipt number 0650-3080731), filed by The Nashville Community Bail Fund. (Attachments: # 1 Attachment - Civil Cover Sheet, # 2 Exhibit A - Davidson County Bail Rules, # 3 Exhibit B - Sample Clerks form signed NCBF, # 4 Exhibit C - Community Bail Fund En Banc Order, # 5 Exhibit D - 2019.08.29 NCBF En Banc Order August 2019, # 6 Exhibit E -. Garcia Local Rule Signature)(am) (Entered: 02/05/2020)

1 Attachment - Civil Cover Sheet

View on PACER

2 Exhibit A - Davidson County Bail Rules

View on PACER

3 Exhibit B - Sample Clerks form signed NCBF

View on PACER

4 Exhibit C - Community Bail Fund En Banc Order

View on PACER

5 Exhibit D - 2019.08.29 NCBF En Banc Order August 2019

View on PACER

6 Exhibit E - . Garcia Local Rule Signature

View on PACER

Feb. 5, 2020 RECAP
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
3

MOTION for Preliminary Injunction by The Nashville Community Bail Fund. (Castelli, Thomas) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
4

MEMORANDUM in Support of 3 MOTION for Preliminary Injunction filed by The Nashville Community Bail Fund . (Attachments: # 1 Attachment Declaration of Rahim Buford, # 2 Exhibit Exhibit A-Davidson County Bail Rules, # 3 Exhibit Exhibit B-Z. Garcia Local Rule Signature, # 4 Exhibit Exhibit C-Community Bail Fund En Banc Order May 2019, # 5 Exhibit Exhibit D-2019.08.29 NCBF En Banc Order August 2019, # 6 Exhibit Exhibit E-2019.06.05 Petition to Amend May 6 2019 Order, # 7 Exhibit Exhibit F-2019.06.05 Memo in Support of Petition to Amend May 6 2019 Order, # 8 Exhibit Exhibit G-2019.06.05 Exhibits to Petition to Amend May 6 2019 Order, # 9 Exhibit Exhibit H-NCBFs Public Statement on Local Rule 10(B), # 10 Exhibit Exhibit I-2020 Projections Bail Fund, # 11 Attachment Declaration of Andrea Woods, # 12 Exhibit Exhibit A-Courtwatch Mini Report, # 13 Exhibit Exhibit B-Downstream Consequences of Misdemeanor Pretrial Detention, # 14 Exhibit Exhibit C-A Decade of Bail Research in New York City, # 15 Exhibit Exhibit D-A Framework for Pretrial Justice, # 16 Exhibit Exhibit E-Moving Beyond Money A Primer on Bail Reform, # 17 Exhibit Exhibit F-Unsecured Bonds The As Effective and Most Efficient Pretrial Release Option, # 18 Exhibit Exhibit G-The Jefferson County Bail Project Impact Study Findings, # 19 Exhibit Exhibit H-Yakima County Washington Pretrial Justice System Improvements, # 20 Exhibit Exhibit I-The Hidden Costs of Pretrial Detention, # 21 Attachment Proposed Order)(Castelli, Thomas) (Entered: 02/05/2020)

Feb. 5, 2020 RECAP
5

MOTION for attorney Brandon Buskey to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081485) by The Nashville Community Bail Fund. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 02/05/2020)

1 Attachment Certificate of Good Standing

View on RECAP

Feb. 5, 2020 RECAP
6

MOTION for attorney Andrea Woods to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081486) by The Nashville Community Bail Fund. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 02/05/2020)

1 Attachment Certificate of Good Standing

View on PACER

Feb. 5, 2020 PACER
7

BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Nashville Community Bail Fund. (Castelli, Thomas) (Entered: 02/05/2020)

Feb. 5, 2020 RECAP
8

NOTICE of Initial Case Management Conference set for 4/6/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (hb) (Entered: 02/06/2020)

Feb. 6, 2020 PACER
9

Summons issued as to Howard Gentry. (Service copies to be picked up at the front counter.) (am) (Entered: 02/06/2020)

Feb. 6, 2020 PACER

State Bar status verified as active for (TN) Thomas H. Castelli, (NY) Andrea Woods, (NY) Brandon J. Buskey, (DC) Charles Gerstein, (TN) C. Dawn Deaner. (am)

Feb. 6, 2020 PACER
10

SUMMONS returned executed by Nashville Community Bail Fund, The. Hon. Howard Gentry served on 2/6/2020 . (Castelli, Thomas) Modified Text on 2/7/2020 (am). (Entered: 02/06/2020)

Feb. 6, 2020 PACER

NOTICE TO FILER re DE# 5 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. ยง 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)

Feb. 7, 2020 PACER

NOTICE TO FILER re DE# 6 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. ยง 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)

Feb. 7, 2020 PACER
11

DECLARATION of Brandon Buskey filed by Nashville Community Bail Fund, The re: 5 MOTION for attorney Brandon Buskey to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081485). (Castelli, Thomas) (Entered: 02/07/2020)

Feb. 7, 2020 PACER
12

DECLARATION of Andrea Woods filed by Nashville Community Bail Fund, The re: 6 MOTION for attorney Andrea Woods to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081486). (Castelli, Thomas) (Entered: 02/07/2020)

Feb. 7, 2020 PACER
13

ORDER granting 5 Motion for Brandon Buskey to Appear Pro Hac Vice. Signed by Kirk L. Davies on 2/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 02/10/2020)

Feb. 10, 2020 PACER
14

ORDER granting 6 Motion for Andrea Woods to Appear Pro Hac Vice. Signed by Kirk L. Davies on 2/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 02/10/2020)

Feb. 10, 2020 PACER
15

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by Howard Gentry. (Bussell, Allison) (Entered: 02/20/2020)

Feb. 20, 2020 PACER

TN State Bar status verified as active for Allison L. Bussell, John W. Ayers. (am)

Feb. 21, 2020 PACER
16

REPLY to Response to re 3 MOTION for Preliminary Injunction filed by Nashville Community Bail Fund, The. (Woods, Andrea) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
17

MOTION to Dismiss for Failure to State a Claim by Howard Gentry. (Bussell, Allison) (Entered: 02/27/2020)

Feb. 27, 2020 PACER
18

MEMORANDUM in Support of 17 MOTION to Dismiss for Failure to State a Claim filed by Howard Gentry . (Bussell, Allison) (Entered: 02/27/2020)

Feb. 27, 2020 PACER
19

RESPONSE in Opposition re 17 MOTION to Dismiss for Failure to State a Claim filed by Nashville Community Bail Fund, The. (Woods, Andrea) (Entered: 03/06/2020)

March 6, 2020 PACER
20

REPLY in Support of Defendant's re 17 MOTION to Dismiss for Failure to State a Claim filed by Howard Gentry. (Bussell, Allison) Modified Text on 3/11/2020 (am). (Entered: 03/10/2020)

March 10, 2020 PACER
21

DECLARATION of Dawn Deaner Re: Second Executed Summons filed by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit Second Executed Summons of Service Gentry)(Woods, Andrea) (Entered: 03/13/2020)

March 13, 2020 PACER

NOTICE TO FILER re DE# [21-1]: The wrong event was used. The correct event should be Summons Returned Executed. Counsel shall re-file the document. (am)

March 16, 2020 PACER
22

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/17/2020)

March 17, 2020 RECAP
23

ORDER: For the reasons explained in the accompanying Memorandum 22, the Motion for Preliminary Injunction filed by the Nashville Community Bail Fund ("NCBF") (Docket No. 3 ) is hereby GRANTED in part and DENIED in part, and the Motion to Dismiss filed by Howard Gentry, in his official capacity as Criminal Court Clerk for the Twentieth Judicial District, (Docket No. 17) is DENIED. Although NCBF is a small charitable organization, the record shows that it is capable of posting some bond and that the defendant may bear costs or damages if wrongly enjoined. NCBF is therefore ORDERED to post security bond in the amount of $1,000.00 in relation to this Order. Signed by District Judge Aleta A. Trauger on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/17/2020)

March 17, 2020 PACER
24

RECEIPT #34675058303 in the amount of $1,000.00 posted by Nashville Community Bail Fund, The re 23 Order on Motion for Preliminary Injunction. (am) (Entered: 03/19/2020)

March 18, 2020 PACER
25

MOTION to Withdraw as Attorney by Howard Gentry. (Attachments: # 1 Exhibit 1 - Notice of Intent to Withdraw, # 2 Exhibit 2 - Notice to AG)(Bussell, Allison) (Entered: 03/31/2020)

March 31, 2020 PACER
26

ORDER: Case Management Conference by Telephone set for 4/6/2020 at 02:30 PM before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 3/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 03/31/2020)

March 31, 2020 PACER
27

MOTION for attorney Charles Gerstein to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Nashville Community Bail Fund, The. (Castelli, Thomas) (Entered: 03/31/2020)

March 31, 2020 PACER

**DISREGARD ENTERED IN ERROR**NOTICE TO FILER re DE# 27 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (am) Modified on 4/1/2020 (am).

April 1, 2020 PACER
28

CERTIFICATE OF GOOD STANDING of Attorney Charles Gerstein from the United States District Court for the United States District & Bankruptcy Courts for the District of Columbia of Washington, DC filed by Nashville Community Bail Fund, The. (am) (Entered: 04/01/2020)

April 1, 2020 PACER
29

PROPOSED CASE MANAGEMENT ORDER filed by Nashville Community Bail Fund, The. (Castelli, Thomas) (Entered: 04/01/2020)

April 1, 2020 PACER
30

ORDER granting 25 Motion to Withdraw as Attorney. Attorney John W. Ayers and Allison L. Bussell terminated. The Motion to Withdraw (Docket No. 25) is hereby GRANTED. Given that new counsel has not yet entered an appearance on behalf of the defendant, it is further ORDERED that the initial case management conference scheduled for April 6, 2020 is hereby RESET for May 11, 2020 at 2:30 p.m. Signed by District Judge Aleta A. Trauger on 4/2/2020. (am) (Entered: 04/02/2020)

April 2, 2020 PACER

Set/Reset Hearings: Initial Case Management Conference reset for 5/11/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (am)

April 2, 2020 PACER
31

RECEIPT #34675058608 in the amount of $100.00 posted by Nashville Community Bail Fund, The re 27 Motion to Appear Pro Hac Vice for Charles Gerstein. (am) (Entered: 04/21/2020)

April 21, 2020 PACER
32

ORDER granting 27 Motion for Charles Gerstein to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/22/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 04/22/2020)

April 22, 2020 PACER
33

NOTICE of Appearance by Angela Lee Bergman on behalf of Nashville Community Bail Fund, The (Bergman, Angela) (Entered: 05/01/2020)

May 1, 2020 PACER
34

ORDER: Telephone Conference set for 5/11/2020 02:30 PM before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 5/1/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/01/2020)

May 1, 2020 PACER

TN State Bar status verified as active for Angela Lee Bergman. (am)

May 4, 2020 PACER
35

MOTION for Entry of Default as to Howard Gentry by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit A. Declaration of T. Castelli in support of Motion)(Bergman, Angela) (Entered: 05/06/2020)

May 6, 2020 PACER
36

NOTICE of Appearance by Ryan P. Loofbourrow on behalf of Howard Gentry (Loofbourrow, Ryan) (Entered: 05/07/2020)

May 7, 2020 PACER
37

NOTICE of Appearance by Kevin C. Klein on behalf of Howard Gentry (Klein, Kevin) (Entered: 05/07/2020)

May 7, 2020 PACER
38

ORDER denying 35 Motion for Entry of Default against Defendant Gentry. Signed by District Judge Aleta A. Trauger on 5/7/2020. (vh) Modified on 5/7/2020 (vh). (Entered: 05/07/2020)

May 7, 2020 PACER
39

Joint MOTION for Extension of Time to File Joint Proposed Initial Case Management Order by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/07/2020)

May 7, 2020 PACER

TN State Bar status verified as active for Ryan P. Loofbourrow, Kevin C. Klein. (am)

May 8, 2020 PACER
40

PROPOSED CASE MANAGEMENT ORDER Joint filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/08/2020)

May 8, 2020 PACER
41

Consent MOTION for Extension of Time to File Responsive Pleading to May 21, 2020 by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/11/2020)

May 11, 2020 PACER
42

ORDER granting 39 Motion for Extension of Time to File Joint Proposed Initial Case Management Order. Signed by District Judge Aleta A. Trauger on 5/11/2020. (am) (Entered: 05/11/2020)

May 11, 2020 PACER
43

ORDER granting 41 Unopposed Motion to Extend Time to File Responsive Pleading. Signed by District Judge Aleta A. Trauger on 5/11/2020. (ds) (Entered: 05/11/2020)

May 11, 2020 PACER

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference by Telephone held on 5/11/2020. Defense counsel to file revised case management order. Joint mediation report due 8/15/20. (Hearing lasted :20)(kb)

May 11, 2020 PACER
44

ORDER SETTING BENCH TRIAL: Bench Trial set for 2/2/2021 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 1/26/2021. Witness List due by 1/26/2021. Pretrial Conference set for 1/29/2021 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 1/26/2021. Signed by District Judge Aleta A. Trauger on 5/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/11/2020)

May 11, 2020 PACER
45

JOINT PROPOSED CASE MANAGEMENT ORDER filed by Howard Gentry. (Loofbourrow, Ryan) Modified Text on 5/13/2020 (am). (Entered: 05/13/2020)

May 13, 2020 PACER
46

INITIAL CASE MANAGEMENT ORDER: Motions to Amend due by 6/11/2020. Discovery due by 8/21/2020. Dispositive Motions due by 9/18/2020. Signed by District Judge Aleta A. Trauger on 5/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/13/2020)

May 13, 2020 PACER
47

Second MOTION to Dismiss by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/21/2020)

May 21, 2020 PACER
48

MEMORANDUM in Support of 47 Second MOTION to Dismiss filed by Howard Gentry . (Loofbourrow, Ryan) (Entered: 05/21/2020)

May 21, 2020 PACER
49

MOTION for Leave to File Excess Pages for Response to Second Motion to Dismiss by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 06/04/2020)

June 4, 2020 PACER
50

RESPONSE in Opposition re 47 Second MOTION to Dismiss filed by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 06/04/2020)

June 4, 2020 PACER
51

ORDER granting 49 Motion for Leave to File Excess Pages. Motion (DE #49) GRANTED. Signed by District Judge Aleta A. Trauger on 6/5/2020. (am) (Entered: 06/05/2020)

June 5, 2020 PACER
52

REPLY filed by Howard Gentry re 47 Motion to Dismiss filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 06/11/2020)

June 11, 2020 PACER
53

Joint MOTION To Refer Case for Judicial Settlement Conference by Howard Gentry. (Klein, Kevin) (Entered: 07/28/2020)

July 28, 2020 PACER
54

ORDER REFERRING CASE to Magistrate Judge Barbara D. Holmes. The Joint Motion to Refer Case for a Judicial Settlement Conference (Docket No. 53) is GRANTED. It is hereby ORDERED that this case is REFERRED to Magistrate Judge Holmes, to whom this case is assigned, to either conduct a judicial settlement conference herself or to request another magistrate judge to conduct a settlement conference. The parties should contact Judge Holmes' office in order to determine next steps. Signed by District Judge Aleta A. Trauger on 7/29/2020. (am) (Entered: 07/29/2020)

July 29, 2020 PACER
55

ORDER: A telephonic status conference was held on August 3, 2020 to discuss next steps following Judge Trauger's referral of this case for a judicial settlement conference. See Order at Docket No. 54. Counsel participating were: Andrea Woods, Angela Bergman, Dawn Deaner, and Thomas Castelli for Plaintiff and Kevin Klein and Ryan Loofbourrow for Defendant. From discussion with counsel, the parties are agreeable to a settlement conference/mediation with Magistrate Judge Joe B. Brown (Ret.). After consultation with Judge Brown, this case is REFERRED to Judge Brown for a settlement conference/mediation. Signed by Magistrate Judge Barbara D. Holmes on 8/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/03/2020)

Aug. 3, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 8/3/2020 to discuss setting a settlement conference, ORDER to enter. (Tape #not recorded.) (Hearing lasted :12)(jwc)

Aug. 3, 2020 PACER
56

Joint MOTION to Continue All Remaining Deadlines by Two Months and Continue the Trial Date by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
57

ORDER granting 56 Joint MOTION to Continue All Remaining Deadlines by Two Months and Continue the Trial Date. Extensions as requested. Signed by District Judge Aleta A. Trauger on 8/6/2020. (vh) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
58

ORDER RESETTING BENCH TRIAL: Bench Trial is reset for 3/23/2021 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 3/16/2021. Witness List due by 3/16/2021. Pretrial Conference is reset for 3/19/2021 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 3/16/2021. Signed by District Judge Aleta A. Trauger on 8/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
59

Joint Case Resolution Status Report by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
60

JOINT MEDIATION REPORT filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
61

Joint MOTION for Protective Order by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit 1- Stipulated Protective Order)(Bergman, Angela) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
62

ORDER granting 61 Motion for Protective Order. Signed by District Judge Aleta A. Trauger on 9/21/2020. (am) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
63

STIPULATED PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 9/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
64

NOTICE of Appearance by Stella Yarbrough on behalf of Nashville Community Bail Fund, The (Yarbrough, Stella) (Entered: 10/01/2020)

Oct. 1, 2020 PACER

TN State Bar status verified as active for Stella Yarbrough admitted to this court. (am)

Oct. 2, 2020 PACER
65

MEMORANDUM. Signed by District Judge Aleta A. Trauger on 10/26/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 10/26/2020 (am). (Entered: 10/26/2020)

Oct. 26, 2020 RECAP
66

ORDER: For the reasons explained in the accompanying Memorandum, the Second Motion to Dismiss filed by Howard Gentry, in his official capacity as Criminal Court Clerk for the Twentieth Judicial District, (Docket No. 47) is DENIED. Signed by District Judge Aleta A. Trauger on 10/26/2020. (am) (Entered: 10/26/2020)

Oct. 26, 2020 PACER
67

NOTICE of Appearance by Briana T. Schuster on behalf of Nashville Community Bail Fund, The (Schuster, Briana) (Entered: 11/05/2020)

Nov. 5, 2020 PACER

Admitted in IL State Bar status verified as active for Briana T. Schuster admitted to this court. (am)

Nov. 6, 2020 PACER
68

MOTION for Summary Judgment by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 11/11/2020)

Nov. 11, 2020 PACER
69

MEMORANDUM in Support of 68 MOTION for Summary Judgment filed by Nashville Community Bail Fund, The . (Bergman, Angela) (Entered: 11/11/2020)

Nov. 11, 2020 PACER
70

STATEMENT of facts Statement of Undisputed Material Facts filed by Nashville Community Bail Fund, The in support of 68 Motion for Summary Judgment. (Bergman, Angela) (Entered: 11/11/2020)

Nov. 11, 2020 PACER
71

DECLARATION of Angela L. Bergman filed by Nashville Community Bail Fund, The re: 68 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A - NCBF's Responses to Defendant's First Set of Interrogatories (Nos. 1, 8, 10), # 2 Exhibit B - NCBF000255, # 3 Exhibit C - NCBF000256)(Bergman, Angela) (Entered: 11/11/2020)

Nov. 11, 2020 PACER
72

ORDER: On July 28, 2020, the parties filed a joint motion to refer this case for a judicial settlement conference. (Docket No. 53 .) By order entered on July 29, 2020, the case was referred to the undersigned for that purpose. (Docket No. 54 .) Following a status conference with the parties, the case was referred for mediation with Magistrate Judge Joe Brown (Ret.). (Docket No. 55 .) However, prior to mediation, and after following up on questions about Defendant's independent authority to settle and limitations if neither the Criminal Court judges nor the State (other than Gentry himself) participates in the mediation (Docket No. 60 at 3), the parties concluded that mediation would not be successful. (Id.) Functionally, this is tantamount to a withdrawal of the parties' motion for ADR. Accordingly, absent further order, there does not appear to be any further action required of the undersigned. Signed by Magistrate Judge Barbara D. Holmes on 11/12/2020. (ln) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
73

Unopposed MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment by Howard Gentry. (Loofbourrow, Ryan) (Entered: 11/13/2020)

Nov. 13, 2020 PACER

Per Order 72, Magistrate Judge Barbara D. Holmes no longer assigned to case. (ln)

Nov. 16, 2020 PACER
74

ORDER granting 73 Motion for Extension of Time to File Response/Reply re 68 MOTION for Summary Judgment. Extension granted to 12/9/2020. Signed by District Judge Aleta A. Trauger on 11/16/2020. (ln) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
75

Joint MOTION for Entry of Consent Judgment and Decree by Howard Gentry. (Attachments: # 1 Exhibit Proposed Consent Judgment and Decree)(Loofbourrow, Ryan) (Entered: 12/08/2020)

Dec. 8, 2020 PACER
76

ORDER granting 75 Joint Motion for Entry of Consent Judgment and Decree. Signed by District Judge Aleta A. Trauger on 12/9/2020. (am) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
77

CONSENT JUDGMENT AND DECREE: The Clerk is DIRECTED to send a copy of this Stipulated Judgment to Herbert Slatery III, the Attorney General and Reporter for the State of Tennessee, and Bob Cooper, the Director of Law for Metropolitan Government of Nashville and Davidson County. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure It is hereby ORDERED that the preliminary injunction ordered by this Court on March 17, 2020 (Dkt. 23) shall be permanent. The Court retains jurisdiction for the purpose of enforcing the terms of the consent decree. Signed by District Judge Aleta A. Trauger on 12/9/2020. (Herbert Slatery, III sent a copy of the order by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
78

ENTRY OF JUDGMENT re: 77 Order. (am) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
79

MOTION for Extension of Time to File Notice of Appeal by Howard Gentry. (Loofbourrow, Ryan) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
80

RESPONSE in Opposition re 79 MOTION for Extension of Time to File Notice of Appeal filed by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
81

ORDER denying 79 Motion for Extension of Time to File A Notice of Appeal. Signed by District Judge Aleta A. Trauger on 12/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 12/30/2020 (am). (Entered: 12/18/2020)

Dec. 18, 2020 PACER
82

MOTION for Attorney Fees by Nashville Community Bail Fund, The. (Attachments: # 1 Attachment Declaration of Angela Bergman, # 2 Attachment Declaration of Andrea Woods, # 3 Attachment Declaration of Thomas Castelli, # 4 Attachment Declaration of Charles Gerstein, # 5 Attachment Declaration of Ryan Downer, # 6 Attachment Declaration of Tara Mikkilineni, # 7 Attachment Declaration of Dawn Deaner, # 8 Attachment Declaration of Charles Bone, # 9 Attachment Declaration of John Spragens, # 10 Attachment Declaration of John Farringer)(Bergman, Angela) (Entered: 01/25/2021)

Jan. 25, 2021 PACER
83

MEMORANDUM in Support of 82 MOTION for Attorney Fees filed by Nashville Community Bail Fund, The . (Attachments: # 1 Exhibit A. Fee Spreadsheet)(Bergman, Angela) (Entered: 01/25/2021)

Jan. 25, 2021 PACER
84

RESPONSE in Opposition re 82 MOTION for Attorney Fees filed by Metropolitan Government of Nashville & Davidson County. (Bussell, Allison) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
85

RESPONSE in Opposition re 82 MOTION for Attorney Fees on behalf of Non-Party the State of Tennessee filed by Howard Gentry. (Attachments: # 1 Exhibit 1 - Metro Comprehensive Annual Financial Report, # 2 Exhibit 2 - Metro Budget, Part 1, # 3 Exhibit 3 - Metro Budget, Part 2)(Jones, Miranda) (Entered: 02/16/2021)

Feb. 16, 2021 PACER

NOTICE TO FILER re DE# 85 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)

Feb. 17, 2021 PACER

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Feb. 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nashville Community Bail Fund (NCBF) is a non-profit organization that provides bail bonds to indigent people arrested in Davidson County TN.

Attorney Organizations:

ACLU National (all projects)

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Davidson County (Nashville, Davidson), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Excessive bail/fines

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Amount Defendant Pays: 0.00

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention