Case: Kilpatrick v. City of Newark

1:18-cv-00053 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 16, 2018

Closed Date: March 3, 2020

Clearinghouse coding complete

Case Summary

This lawsuit, in the US District Court for the Eastern District of Arkansas, challenged a Newark city ordinance that prohibited manufactured homes worth below $35,000 from existing within city limits. The ordinance stated that violations would be punished by fines up to $500 per day for living in a mobile home with an insufficient value. On July 16, 2018, potential renters and homeowners that sought to be part of the Newark community brought this suit under 42 U.S.C. 1983, alleging that the ord…

This lawsuit, in the US District Court for the Eastern District of Arkansas, challenged a Newark city ordinance that prohibited manufactured homes worth below $35,000 from existing within city limits. The ordinance stated that violations would be punished by fines up to $500 per day for living in a mobile home with an insufficient value. On July 16, 2018, potential renters and homeowners that sought to be part of the Newark community brought this suit under 42 U.S.C. 1983, alleging that the ordinance violated the Equal Protection and Due Process clauses of the Fourteenth Amendment, their right to travel, and the Eighth Amendment’s prohibition against excessive fines. They were represented by Equal Justice Under the Law and sought declaratory and injunctive barring enforcement of the ordinance. They also sought compensatory damages and fees. The case was first assigned to Judge D.P. Marshall, Jr., but he recused himself so the case was reassigned to Chief Judge Brian S. Miller.

After the lawsuit was filed, the City repealed the ordinance and defendants moved for summary judgment on mootness grounds. Soon thereafter, plaintiffs also moved for summary judgment. On January 6, 2020, Chief Judge Miller granted the city's motion for summary judgment on mootness grounds and denied the plaintiffs' motion. He also gave plaintiffs 14 days to show cause why the rest of their claims should not be dismissed, which defendants did not do. Therefore, Judge Miller entered judgment for the plaintiffs on March 3, 2020. The case is closed.

Summary Authors

Jordan Katz (11/22/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14502662/parties/kilpatrick-v-newark-city-of/


Judge(s)

Miller, Brian Stacy (Alaska)

Attorneys(s) for Plaintiff

Coulter, John D (Arkansas)

Hatton, Marissa (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Adams, Jenna (Arkansas)

Mann, William C III (Arkansas)

Mosley, Michael Allen (Arkansas)

Judge(s)

Miller, Brian Stacy (Alaska)

Attorneys(s) for Plaintiff

Coulter, John D (Arkansas)

Hatton, Marissa (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Adams, Jenna (Arkansas)

Mann, William C III (Arkansas)

Mosley, Michael Allen (Arkansas)

Documents in the Clearinghouse

Document

1:18-cv-00053

Docket [PACER]

Kilpatrick v. Newark

March 3, 2020

March 3, 2020

Docket
1

1:18-cv-00053

Complaint

July 16, 2018

July 16, 2018

Complaint
52

1:18-cv-00053

Order

Jan. 6, 2020

Jan. 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14502662/kilpatrick-v-newark-city-of/

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against All Defendants, filed by Robert Marshall, Beverly Kilpatrick, Veneda Marshall, Becky Altom, and Jonathan Jarvis. Fee of $400 paid. Receipt Number LIT067977. Summons issued. (Attachments: # 1 Civil Cover Sheet)(kdr) (Entered: 07/17/2018)

July 16, 2018

July 16, 2018

PACER
2

NOTICE of Appearance by Jenna Adams on behalf of Jim Cunningham, Joanne Langston, Newark, City of (Adams, Jenna) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
3

NOTICE of Appearance by Michael Allen Mosley on behalf of Jim Cunningham, Joanne Langston, Newark, City of (Mosley, Michael) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
4

MOTION for Extension of Time to File Answer re 1 Complaint, by Jim Cunningham, Joanne Langston, Newark, City of (Adams, Jenna) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
5

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. 4, granted. Answer or Rule 12(b) motion due by 17 August 2018. Signed by Judge D. P. Marshall Jr. on 7/31/2018. (slb) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
6

MOTION for Consideration of pro hac admission with waiver of fee by All Plaintiffs (Attachments: # 1 Document Proposed Order)(Telfeyan, Phil) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
7

AFFIDAVIT of Service for all Defendants, filed by Robert Marshall, Beverly Kilpatrick, Veneda Marshall, Becky Altom, Jonathan Jarvis. All Defendants. (Telfeyan, Phil) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
8

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER : Motion, No. 6, partly granted and partly denied. Hatton must pay the $100 fee. If she hasn't already done so, Hatton must register with the CM/ECF for the Eastern District of Arkansas by 14 August 2018. Plaintiffs must also have local counsel. Local Rule 83.5(d). Local counsel must appear by 24 August 2018. Signed by Judge D. P. Marshall Jr. on 8/7/2018. (slb) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
9

ANSWER to 1 Complaint, by Jim Cunningham, Joanne Langston, Newark, City of.(Adams, Jenna) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
10

NOTICE of Appearance by John D. Coulter on behalf of All Plaintiffs (Coulter, John) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
11

Filing fee of $100.00 received re 6 MOTION for Consideration of pro hac admission. Receipt number LIT068455. (fjg) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
12

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court thanks Hatton for her quick compliance with Local Rule 83.5(d). Signed by Judge D. P. Marshall Jr. on 8/29/2018. (slb) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
13

MOTION to Withdraw as Attorney by Jim Cunningham, Joanne Langston, Newark, City of (Mosley, Michael) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

PACER
14

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. 13, granted. Michael Mosley is relieved with the Court's thanks as counsel of record. Signed by Judge D. P. Marshall Jr. on 10/9/2018. (slb) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
15

INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 11/28/2018. Jury Trial set for 4/6/2020 at 9:30 AM in Jonesboro Courtroom (large) # 324 before Judge D. P. Marshall Jr. Signed at the direction of the Court on 10/15/2018. (slb) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
16

NOTICE of Appearance by William C. Mann, III on behalf of Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
17

MOTION to Substitute Attorney by Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
18

REPORT of Rule 26(f) Planning Meeting by Jim Cunningham, Joanne Langston, Newark, City of. (Adams, Jenna) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
19

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. 17, granted. Jenna Adams is relieved as counsel for Defendants. Signed by Judge D. P. Marshall Jr. on 11/28/2018. (slb) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
20

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Rule 26(f) report, No. 18, noted. Earlier deadlines adopted. A Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 12/3/2018. (slb) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
21

FINAL SCHEDULING ORDER: Jury Trial set for 4/6/2020 at 9:30 AM in Jonesboro Courtroom (large) #324 before Judge D. P. Marshall Jr. Discovery due by 8/16/2019. Motions due by 9/13/2019. Pretrial Disclosure Sheet due by 3/5/2020. Signed at the direction of the Court on 12/3/2018. (slb) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
22

MOTION for Leave to File Amended Answer by All Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mann, William) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
23

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. 22, granted. Amended answer due by 6 May 2019. Signed by Judge D. P. Marshall Jr. on 4/30/2019. (slb) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
24

AMENDED ANSWER to 1 Complaint, by Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
25

MOTION for Partial Summary Judgment by Jim Cunningham, Joanne Langston, Newark, City of (Attachments: # 1 Exhibit 1 - Ordinance 2015-1, # 2 Exhibit 2 - Ordinance 2018-09, # 3 Document 3 - Affidavit of Joe James, # 4 Exhibit 4 - Watlington v. McCrory Entry #22, # 5 Exhibit 5 - Watlington v. McCrory Entry #31)(Mann, William) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
26

BRIEF IN SUPPORT re 25 Motion for Partial Summary Judgment, filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
27

STATEMENT OF FACTS (Local Rule 56.1) re 25 Motion for Partial Summary Judgment, 26 Brief in Support filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
28

STATUS REPORT (JOINT) by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
29

RESPONSE in Opposition re 25 MOTION for Partial Summary Judgment filed by Becky Altom, Jonathan Jarvis, Beverly Kilpatrick, Robert Marshall, Veneda Marshall. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Affidavit)(Hatton, Marissa) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
30

STATEMENT OF FACTS (Local Rule 56.1) re 27 Statement of Facts (Local Rule 56.1) Statement of Disputed Facts filed by Becky Altom, Jonathan Jarvis, Beverly Kilpatrick, Robert Marshall, Veneda Marshall. (Hatton, Marissa) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
31

REPLY to Response to Motion re 25 MOTION for Partial Summary Judgment filed by Jim Cunningham, Joanne Langston, Newark, City of. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mann, William) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
32

BRIEF IN SUPPORT re 31 Reply to Response to Motion filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
33

MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit)(Hatton, Marissa) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
34

RESPONSE to Motion re 33 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit)(Mann, William) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
35

ORDER of Recusal. The Clerk must reassign this case at random by chip exchange. Signed by Judge D. P. Marshall Jr. on 7/10/2019. (jak) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

RECAP
36

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 35 Order, the Clerk's office has reassigned the case to Chief Judge Brian S. Miller. (jak) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
37

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 33 motion for leave to file sur-reply. Signed by Judge Brian S. Miller on 07/11/2019. (sed) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
38

REPLY re 32 Brief in Support Sur-Reply to Defendants' Reply Brief in Support of Motion for Partial Summary Judgment by Becky Altom, Jonathan Jarvis, Beverly Kilpatrick, Robert Marshall, Veneda Marshall. (Hatton, Marissa) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
39

MOTION for Partial Summary Judgment on Liability by All Plaintiffs (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Affidavit Authentication of Exhibits)(Hatton, Marissa) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
40

STATEMENT OF FACTS (Local Rule 56.1) re 39 Motion for Partial Summary Judgment, filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Hatton, Marissa) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
41

STATUS REPORT (JOINT) by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
42

MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Partial Summary Judgment on Liability, 40 Statement of Facts (Local Rule 56.1), by Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
43

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 42 Motion for Extension of Time to File Response/Reply re 39 MOTION for Partial Summary Judgment on Liability. Defendants' response due by 10/4/2019. Plaintiffs' reply due by 10/21/2019. Signed by Judge Brian S. Miller on 09/18/2019. (rmg) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
44

RESPONSE to Motion re 39 MOTION for Partial Summary Judgment on Liability filed by Jim Cunningham, Joanne Langston, Newark, City of. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Mann, William) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
45

BRIEF IN SUPPORT re 44 Response to Motion, filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
46

STATEMENT OF FACTS (Local Rule 56.1) re 45 Brief in Support, 44 Response to Motion, filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
47

RESPONSE re 40 Statement of Facts (Local Rule 56.1), by Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
48

AMENDED DOCUMENT by Jim Cunningham, Joanne Langston, Newark, City of. Amendment to 46 Statement of Facts (Local Rule 56.1) (Mann, William) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
49

REPLY to Response to Motion re 39 MOTION for Partial Summary Judgment on Liability filed by All Plaintiffs. (Attachments: # 1 Exhibit James Depo., # 2 Exhibit Garner Depo., # 3 Exhibit Langston Depo., # 4 Exhibit Burgess Depo., # 5 Exhibit Cunningham Depo., # 6 Exhibit Goings Depo., # 7 Exhibit Barber Depo., # 8 Exhibit Bennett Depo., # 9 Exhibit Ordinance 2015-01, # 10 Exhibit Jarvis Depo., # 11 Exhibit Altom Depo.)(Hatton, Marissa) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
50

Joint MOTION to Extend Time to File Motions in Limine by All Plaintiffs. (Hatton, Marissa) (Docket text modified on 11/20/2019 to remove reference to the proposed order filed as an attachment in error) (jak) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER

NOTICE OF DOCKET CORRECTION re 50 Joint MOTION to Extend Time. CORRECTION: The docket text was modified to remove reference to the proposed order filed as an attachment to docket entry 50 in error.(jak)

Nov. 20, 2019

Nov. 20, 2019

PACER
51

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 50 motion to extend time. Motions in limine due 21 days after summary judgment rulings are issued. Signed by Judge Brian S. Miller on 11/25/2019. (stm) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
52

ORDER granting 25 defendants' motion for partial summary judgment on mootness; denying 39 plaintiffs' motion for partial summary judgment on liability; and dismissing plaintiffs' excessive fines claim. Plaintiffs have 14 days to show cause why summary judgment should not be granted for the defendants on all other claims. Signed by Judge Brian S. Miller on 1/6/2020. (jbh) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
53

RESPONSE re 52 Order on Motion for Partial Summary Judgment,,, Plaintiffs' Memorandum to Show Cause by Becky Altom, Jonathan Jarvis, Beverly Kilpatrick, Robert Marshall, Veneda Marshall (Attachments: # 1 Exhibit Barber Deposition Excerpt, # 2 Exhibit Cunningham Deposition Excerpt)(Hatton, Marissa) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
54

REPLY re 53 Response (Non Motion), to Plaintiffs' Memorandum to Show Cause by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
55

BRIEF IN SUPPORT re 54 Reply (Non Motion) to Plaintiffs' Memorandum to Show Cause filed by Jim Cunningham, Joanne Langston, Newark, City of. (Mann, William) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
56

Joint MOTION to Extend Time for Trial Deadlines by Jim Cunningham, Joanne Langston, Newark, City of (Mann, William) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
57

ORDER: For the reasons set forth in 52 the order denying plaintiffs' motion for summary judgment, summary judgment is entered for defendants on all remaining claims, and this case is dismissed with prejudice. Signed by Judge Brian S. Miller on 3/3/2020. (kdr) (Entered: 03/04/2020)

March 3, 2020

March 3, 2020

PACER
58

JUDGMENT: Consistent with 57 order entered today, this case is dismissed with prejudice. Signed by Judge Brian S. Miller on 3/3/2020. (kdr) (Entered: 03/04/2020)

March 3, 2020

March 3, 2020

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 16, 2018

Closing Date: March 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Potential rentees and renters of mobile homes valued at less than $35,000 located inside the City of Newark.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Newark (Newark, Independence), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Fines/Fees/Bail/Bond

Housing

Poverty/homelessness

Discrimination-area:

Housing Sales/Rental