Case: Harper v. Professional Probation Services Inc.

2:17-cv-01791 | U.S. District Court for the Northern District of Alabama

Filed Date: Oct. 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of a private probation company’s extension of probationers’ sentences pursuant to a contract with the Gardendale Municipal Court. On October 23, 2017, the Southern Poverty Law Center filed this lawsuit in the Northern District of Alabama on behalf of probationers who could not pay their fines immediately. They sued Professional Probation Services (PPS), the city of Gardendale, and the municipal court judge under 42 U.S.C. § 1983. The plaintiffs sought …

This is a case about the constitutionality of a private probation company’s extension of probationers’ sentences pursuant to a contract with the Gardendale Municipal Court. On October 23, 2017, the Southern Poverty Law Center filed this lawsuit in the Northern District of Alabama on behalf of probationers who could not pay their fines immediately. They sued Professional Probation Services (PPS), the city of Gardendale, and the municipal court judge under 42 U.S.C. § 1983. The plaintiffs sought declaratory and injunctive relief to prevent enforcement of the private probation company’s contract as well as actual and punitive damages. The plaintiffs challenged the probation company’s practice of unilaterally extending probationers’ sentences and increasing fines they owed while earning a fee for every month that plaintiffs remained under supervision, saying the practice violated the Fourteenth Amendment Due Process Clause because the company was not a neutral court officer. They also alleged state law claims abuse of process. The case was assigned to Judge Annemarie Carney Axon.

On December 7, 2017, PPS filed a partial motion to dismiss. After plaintiffs filed an amended complaint, PPS again moved to dismiss on January 11, 2018.

While the motion to dismiss was still pending, the City of Gardendale and the municipal court judge entered into a settlement agreement with the plaintiffs on March 5, 2018. The settlement agreement made several provisions in favor of the plaintiffs. First, all probationers would stop reporting to PPS and report to court (180 days from the date of the agreement). Second, the defendants stated the city had cancelled its contract with PPS as of November 14, 2017. Third, the city rescinded all warrants of those on probation with PPS from November 1, 2015 to the date of the agreement. Fourth, the city agreed it would not enter into any new probation contracts for one year from the date of the agreement and would submit any new contracts after that to plaintiffs to review for the remaining four years of the agreement. Finally, the city would provide an amnesty week where those with warrants could appear and clear all warrants against them without being arrested. The parties then filed a join motion to dismiss the case against the city and municipal judge on March 7, 2018 (PPS remained a party to the suit).

On April 5, 2018 Judge Axon mooted the need for certification of the class. On April 23, 2018, the plaintiffs filed a Second Amended Complaint including only PPS as a defendant and PPS again moved to dismiss the complaint on May 7, 2018.

On November 14, 2018, Judge Axon granted the motion to dismiss in part and denied it in part. 2018 WL 5976560. She denied the motion to dismiss on the abuse of process claim because the plaintiffs had alleged PPS “acting with ulterior purpose, used the probation process to extract money from them.” She granted the motion to dismiss on the due process claim because they did not “allege[] facts showing that any due process violations were attributable to PPS because they did not perform “adjudicatory” functions and “the State has provided an adequate post-deprivation remedy.” Since the court had dismissed the only federal claim, the court asked the plaintiffs to show cause why the court should not dismiss the state law claim for lack of jurisdiction.

On December 10, 2018, the court granted a motion for reconsideration of its opinion on the motion to dismiss and vacated the part of its opinion dismissing the due process claim because it dismissed on grounds not raised by the defendant. After additional briefing, the court issued a new opinion on August 5, 2019. 2019 WL 3555068. In the opinion, the court again dismissed the due process claim with prejudice and dismissed the abuse of process claim with prejudice. Judge Axon dismissed the due process claim for similar reasons to her first opinion, but then dismissed the state law abuse of process claim for lack of jurisdiction.

On August 30, 2019, the plaintiffs filed a notice of appeal. On September 25, 2020, the Eleventh Circuit issued an opinion stating the plaintiffs had stated a due process claim that would survive a motion to dismiss. 976 F.3d 1236. The court found “PPS was acting in a quasi-judicial capacity when it imposed binding sentence enhancements” and therefore must be impartial under the Due Process Clause. However, it could not be because “its revenue depended directly” on “sentencing decisions.”

The case went back to the district court. On November 9, 2020, PPS answered the Second Amended Complaint. On December 4, 2020, the parties entered into a protective order of confidentiality. The case is still ongoing with the parties engaged in discovery.

Summary Authors

Kathryn Hurley (2/11/2022)

Hannah Juge (6/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6182526/parties/harper-v-professional-probation-services-inc/

Documents in the Clearinghouse

Document
1

2:17-cv-01791

Complaint (Class Action)

Oct. 23, 2017

Oct. 23, 2017

Complaint

2:17-cv-01791

Settlement Agreement

March 6, 2018

March 6, 2018

Order/Opinion
56

2:17-cv-01791

Second Amended Complaint

April 23, 2018

April 23, 2018

Complaint
92

2:17-cv-01791

Memorandum Opinion and Order

2018 WL 5976560

Nov. 14, 2018

Nov. 14, 2018

Order/Opinion
110

2:17-cv-01791

Memorandum Opinion

2019 WL 3555068

Aug. 5, 2019

Aug. 5, 2019

Order/Opinion

2:17-cv-01791

Appellate Opinion

U. S. Court of Appeals for the Eleventh Circuit

976 F.3d 1236

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6182526/harper-v-professional-probation-services-inc/

Last updated June 3, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Gardendale, Alabama The, Kenneth Gomany, Professional Probation Services Inc, filed by Catherine Regina Harper, Jennifer Essig. (Attachments: # 1 Exhibit A)(TLM, ) (Entered: 10/24/2017)

1 Exhibit A

View on PACER

Oct. 23, 2017

Oct. 23, 2017

Clearinghouse
2

NOTICE to Counsel (TLM, ) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
3

MOTION for Preliminary Injunction by Catherine Regina Harper. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Zampierin, Sara) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
4

MOTION to Certify Class by Catherine Regina Harper. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Zampierin, Sara) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
5

AFFIDAVIT by Catherine Regina Harper. filed by Catherine Regina Harper (Attachments: # 1 Exhibit A)(Zampierin, Sara) (Entered: 10/24/2017)

1 Exhibit A

View on PACER

Oct. 24, 2017

Oct. 24, 2017

PACER
6

AFFIDAVIT by Jennifer Essig. filed by Jennifer Essig (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Zampierin, Sara) (Entered: 10/24/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Oct. 24, 2017

Oct. 24, 2017

PACER
7

AFFIDAVIT re 3 MOTION for Preliminary Injunction, 4 MOTION to Certify Class of Sara Zampierin by Jennifer Essig, Catherine Regina Harper. filed by Jennifer Essig, Catherine Regina Harper (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H Part 1, # 9 Exhibit H Part 2, # 10 Exhibit H Part 3, # 11 Exhibit H Part 4, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K)(Zampierin, Sara) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
8

Summons Issued as to City of Gardendale, Alabama The, Kenneth Gomany, Professional Probation Services Inc. (TLM, ) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
9

AFFIDAVIT of Service for Summons, Complaint, Notice to Counsel, Motions for Preliminary Injunction and Class Certification, and Declarations of Harper, Essig, and Zampierin served on City of Gardendale, Alabama on October 25, 2017, filed by Catherine Regina Harper, Jennifer Essig., SUMMONS Returned Executed by Catherine Regina Harper, Jennifer Essig. City of Gardendale, Alabama The served on 10/25/2017, answer due 11/15/2017. (Zampierin, Sara) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
10

AFFIDAVIT of Service for Summons, Complaint, Notice to Counsel, Motions for Preliminary Injunction and Class Certification, and Declarations of Harper, Essig, and Zampierin served on Kenneth Gomany on October 25, 2017, filed by Catherine Regina Harper, Jennifer Essig., SUMMONS Returned Executed by Catherine Regina Harper, Jennifer Essig. Kenneth Gomany served on 10/25/2017, answer due 11/15/2017. (Zampierin, Sara) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
11

AFFIDAVIT of Service for Summons, Complaint, Notice to Counsel, Motions for Preliminary Injunction and Class Certification, and Declarations of Harper, Essig, and Zampierin served on Professional Probation Services, Inc. on October 26, 2017, filed by Catherine Regina Harper, Jennifer Essig., SUMMONS Returned Executed by Catherine Regina Harper, Jennifer Essig. Professional Probation Services Inc served on 10/26/2017, answer due 11/16/2017. (Zampierin, Sara) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
12

CERTIFICATE OF SERVICE by Jennifer Essig, Catherine Regina Harper re 4 MOTION to Certify Class (Zampierin, Sara) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
13

NOTICE of Appearance by Will Hill Tankersley on behalf of City of Gardendale, Alabama The (Tankersley, Will) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
14

NOTICE of Appearance by Gregory C Cook on behalf of City of Gardendale, Alabama The (Cook, Gregory) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
15

NOTICE of Appearance by Ginny Willcox Leavens on behalf of City of Gardendale, Alabama The (Leavens, Ginny) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
16

NOTICE of Appearance by L Conrad Anderson, IV on behalf of City of Gardendale, Alabama The (Anderson, L) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
17

NOTICE of Appearance by Chase Tristian Espy on behalf of City of Gardendale, Alabama The (Espy, Chase) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
18

NOTICE of Appearance by Steven C Corhern on behalf of City of Gardendale, Alabama The (Corhern, Steven) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
19

MOTION for Extension of Time to File Answer re 1 Complaint Stipulated Motion by Defendants the City of Gardendale and Judge Kenneth Gomany for Extension of Time to File Their First Responsive Pleading by City of Gardendale, Alabama The. (Tankersley, Will) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
20

ORDER the City of Gardendale and Judge Kenneth Gomany's unopposed motion for extension of time [ doc. 19] is GRANTED. The deadline for the City of Gardendale and Judge Kenneth Gomany to file their responsive pleadings to the Plaintiff's complaint is extended to December 15, 2017. Signed by Judge Abdul K Kallon on 11/14/2017. (TLM, ) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
21

NOTICE of Appearance by Richard Warren Kinney, III on behalf of Kenneth Gomany (Kinney, Richard) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
22

NOTICE of Appearance by James W Porter, II on behalf of Kenneth Gomany (Porter, James) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
23

MOTION for Extension of Time to File Answer by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
24

ORDER granting 23 Motion for Extension of Time to Answer. PPS's deadline to file its responsive pleadings is extended to December 7, 2017. Signed by Judge Abdul K Kallon on 11/20/2017. (TLM, ) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
25

MOTION to Dismiss Defendant Professional Probation Services, Inc.'s Partial Motion to Dismiss by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
26

Brief re 25 MOTION to Dismiss Defendant Professional Probation Services, Inc.'s Partial Motion to Dismiss filed by Professional Probation Services Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Grayson, Bryan) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
27

Corporate Disclosure Statement by Professional Probation Services Inc. filed by Professional Probation Services Inc (Grayson, Bryan) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
28

ORDER before the court is Defendant Professional Probation Services, Inc.'s Partial Motion to Dismiss (Doc. 25). Plaintiff's response is due by December 21, 2017, defendant's reply, if any, is due by December 28, 2017. Signed by Judge Abdul K Kallon on 12/12/2017. (TLM, ) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
29

MOTION for Extension of Time to File Answer re 1 Complaint Stipulated Motion by Defendants the City of Gardendale and Judge Kenneth Gomany for Extension of Time to File Their First Responsive Pleading by City of Gardendale, Alabama The. (Tankersley, Will) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
30

ORDER The City of Gardendale and Judge Kenneth Gomanys unopposed Motion for Extension of Time to File Their First Responsive Pleading, doc. 29, is GRANTED. The deadline is extended to January 15, 2018. Signed by Judge Abdul K Kallon on 12/18/2017. (TLM, ) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
31

Joint MOTION for Extension of Time by Professional Probation Services and by Jennifer Essig, Catherine Regina Harper. (Attachments: # 1 Text of Proposed Order)(Zampierin, Sara) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
32

ORDER Catherine Harper, Jennifer Essig, and Professional Probation Services, Inc.'s ("PPS") Joint Motion for Extension of Time, doc 31, is GRANTED. The deadline for Harper and Essig to respond to PPS's partial motion to dismiss is extended to December 28, 2017, and PPS's reply is due January 4, 2018 Signed by Judge Abdul K Kallon on 12/22/2017. (TLM, ) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
33

AMENDED COMPLAINT against All Defendants, filed by Catherine Regina Harper, Jennifer Essig. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zampierin, Sara) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
34

NOTICE of Appearance by Devon Kehres Rankin on behalf of Professional Probation Services Inc (Rankin, Devon) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
35

NOTICE of Appearance by Stephen E Whitehead on behalf of Professional Probation Services Inc (Whitehead, Stephen) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
36

MOTION to Dismiss First Amended Complaint in Part by Professional Probation Services Inc. (Rankin, Devon) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
37

Brief re 36 MOTION to Dismiss First Amended Complaint in Part filed by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
38

ORDER before the court is Defendant Professional Probation Services, Inc.s Motionto Dismiss Plaintiffs First Amended Complaint in Part (Doc. 36). Plaintiffs response is due by January 30, 2018, defendants reply, if any, is due by February2, 2018. Signed by Judge Abdul K Kallon on 1/19/2018. (TLM, ) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
39

UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Abdul K Kallon on 1/22/2018. (TLM, ) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
40

Joint MOTION for Extension of Time by Defendants the City of Gardendale and Judge Kenneth Gomany and by Jennifer Essig, Catherine Regina Harper. (Zampierin, Sara) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
41

RESPONSE in Opposition re 36 MOTION to Dismiss First Amended Complaint in Part filed by Jennifer Essig, Catherine Regina Harper. (Zampierin, Sara) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
42

MOTION for Leave to File Excess Pages by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
43

REPLY to Response to Motion re 36 MOTION to Dismiss First Amended Complaint in Part filed by Professional Probation Services Inc. (Attachments: # 1 Exhibit 1)(Grayson, Bryan) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
44

ORDER GRANTING [ DOC 40 ] Motion for Extension of Time to Extend Briefing, Pleading and Discovery Deadlines. Signed by Judge Abdul K Kallon on 2/5/2018. (TLM, ) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
45

ORDER granting 42 Motion for Leave to File Excess Pages. Signed by Judge Abdul K Kallon on 2/6/2018. (KAM) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
46

Consent MOTION for Extension of Time to File Responsive Pleading by City of Gardendale, Alabama The. (Cook, Gregory) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
47

ORDER the Consent Motion to Extend Pleading Deadline ( doc. 46] is GRANTED. The City and Judge Kenneth Gomany's response to the Amended Complaint is due March 5, 2018. Signed by Judge Abdul K Kallon on 3/1/2018. (TLM, ) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
48

Joint MOTION to Dismiss Claims Against Defendants Kenneth Gomany and The City of Gardendale by City of Gardendale, Alabama The, Kenneth Gomany. (Tankersley, Will) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
49

ORDER consistent with the Joint Motion to Dismiss, doc. 48, all claims against the City of Gardendale and Judge Kenneth Gomany are DISMISSED WITHOUT PREJUDICE. Each party is to bear his, her, or its costs. The claims against Professional Probation Services, Inc. remain. Signed by Judge Abdul K Kallon on 3/7/2018. (TLM, ) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
50

REPORT of Rule 26(f) Planning Meeting. (Zampierin, Sara) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
51

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE re This case is SET for a 16(b) TELEPHONIC Scheduling Conference on 4/5/2018 at 2:00 PM before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 3/20/2018. (KBB) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
52

MOTION for Leave to File Second Amended Complaint by Jennifer Essig, Catherine Regina Harper. (Attachments: # 1 Proposed Second Amended Complaint)(Zampierin, Sara) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER

Minute Entry for proceedings held before Judge Abdul K Kallon: Rule 16b Telephone Scheduling Conference held on 4/5/2018. Scheduling order to be entered by the court. (KSS)

April 5, 2018

April 5, 2018

PACER
53

**TEXT ORDER** finding as moot 3 Motion for Preliminary Injunction. Finding as moot 4 Motion to Certify Class, pursuant to reasons as stated on telephone conference call with the parties. Signed by Judge Abdul K Kallon on 4/5/2018. (KSS) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
54

NOTICE by Jennifer Essig, Catherine Regina Harper re 52 MOTION for Leave to File Second Amended Complaint - NOTICE OF LACK OF OPPOSITION (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Early, Emily) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
55

ORDER The Plaintiffs Motion for Leave to File Second Amended Complaint,Doc 52 is GRANTED. The Plaintiffs are Directed to file doc 52-1 as a separate docket entry.. Signed by Judge Abdul K Kallon on 4/19/2018. (TLM, ) (Entered: 04/20/2018)

April 19, 2018

April 19, 2018

PACER
56

AMENDED COMPLAINT (Second Amended Complaint) against Professional Probation Services Inc, filed by Catherine Regina Harper, Jennifer Essig, Shannon Jones. (Attachments: # 1 Exhibit A)(Zampierin, Sara) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

Clearinghouse
57

MOTION to Dismiss Second Amended Complaint by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
58

Brief re 57 MOTION to Dismiss Second Amended Complaint . (Grayson, Bryan) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
59

MOTION for Extension of Time (UNOPPOSED) by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Attachments: # 1 Text of Proposed Order)(Early, Emily) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
60

RESPONSE in Opposition re 57 MOTION to Dismiss Second Amended Complaint filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Zampierin, Sara) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
61

MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss Second Amended Complaint by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
62

ORDER Professional Probation Services, Inc.s motion for an extension, doc. 61, is GRANTED. Its reply brief in support of its motion to dismiss is due June 1, 2018. Signed by Judge Abdul K Kallon on 5/24/2018. (TLM, ) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
63

REPLY to Response to Motion re 57 MOTION to Dismiss Second Amended Complaint filed by Professional Probation Services Inc. (Attachments: # 1 Exhibit 1)(Grayson, Bryan) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
64

NOTICE TO COUNSEL - This case is being reassigned from the Unassigned docket created in Birmingham for Judge Annemarie Carney Axon. Judge Axon will replace the Judge Unassigned B designation in this case and the referral judge in this case will be removed. Please use case number 2:17-cv-1791-ACA on all subsequent pleadings. (KEK) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
65

NOTICE of Appearance by Alexandra Marie Jordan on behalf of All Plaintiffs (Jordan, Alexandra) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
66

TEXT ORDER finding as moot 25 Motion to Dismiss; finding as moot 36 Motion to Dismiss; finding as moot 59 Motion for Extension of Time. Signed by Judge Annemarie Carney Axon on 6/21/2018. (RLW) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
67

SCHEDULING ORDER: certain time limits apply as set out in this order Discovery due by 2/28/2019; Dispositive Motions due by 8/30/2019. Signed by Judge Annemarie Carney Axon on 6/25/2018. (TLM, ) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
68

NOTICE of Appearance by Samuel J Brooke on behalf of All Plaintiffs (Brooke, Samuel) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
69

MOTION to Stay Discovery by Professional Probation Services Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Grayson, Bryan) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
70

RESPONSE in Opposition re 69 MOTION to Stay Discovery filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Zampierin, Sara) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
71

MOTION for Extension of Time to File Response/Reply as to 69 MOTION to Stay Discovery by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
72

TEXT ORDER granting 71 Unopposed Motion for Extension of Time to File Reply as to 69 MOTION to Stay Discovery; Reply due on or before 7/11/2018. Signed by Judge Annemarie Carney Axon on 7/9/18. (SAC ) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
73

REPLY to Response to Motion re 69 MOTION to Stay Discovery filed by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
74

TEXT ORDER denying 69 Motion to Stay. Signed by Judge Annemarie Carney Axon on 7/13/2018. (RLW) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
75

MOTION to Compel by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Jordan, Alexandra) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
76

Brief re 75 MOTION to Compel filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Jordan, Alexandra) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
77

AFFIDAVIT in Support re 75 MOTION to Compel of Alexandra Jordan filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Jordan, Alexandra) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
78

TEXT ORDER re 75 Motion to Compel: As outlined in the Uniform Initial Order (doc. 39), Defendant's response is due by 8/16/18; Plaintiffs' replies, if any, are due by 8/20/18. Signed by Judge Annemarie Carney Axon on 8/9/18. (SAC ) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER

Filing Fee: Filing fee $ 400, receipt_number 1126-3149907. related document 1 COMPLAINT against City of Gardendale, Alabama The, Kenneth Gomany, Professional Probation Services Inc, filed by Catherine Regina Harper, Jennifer Essig. (Attachments: # 1 Exhibit A)(TLM, ). (Jordan, Alexandra) NDAL rec# B4601091227.

Aug. 10, 2018

Aug. 10, 2018

PACER
79

MOTION to Strike Plaintiffs' Memorandum in Support of Motion to Compel Discovery and Extend Deadline to File Opposition to Motion to Compel Discovery by Professional Probation Services Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Grayson, Bryan) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
80

MOTION for Leave to File Excess Pages or File Corrected Brief within 1 Business Day by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Attachments: # 1 Affidavit of Morgan Hentrup)(Jordan, Alexandra) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
81

ORDER granting Plaintiffs' 80 Motion to Retroactively File Overlength Brief; denying Defendants' 79 Motion to Strike Plaintiffs' Memorandum in Support of Motion to Compel. Defendants may file a response to the motion to compel on or before August 22, 2018. Plaintiffs may file a reply brief, if one is necessary, on or before August 27, 2018. Signed by Judge Annemarie Carney Axon on 8/17/2018. (RLW) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
82

MOTION for Leave to File Excess Pages by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
83

TEXT ORDER granting Defendant's 82 Unopposed Motion for Enlargement of Page Limit for Response Brief in Opposition to Motion to Compel Discovery. Signed by Judge Annemarie Carney Axon on 8/22/2018. (RLW) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
84

MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Compel by Professional Probation Services Inc. (Grayson, Bryan) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
85

TEXT ORDER granting 84 unopposed Motion for Extension of Time to File Opposition to 75 Motion to Compel. Defendants must file their response on or before August 24, 2018. Signed by Judge Annemarie Carney Axon on 8/23/2018. (RLW) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
86

RESPONSE in Opposition re 75 MOTION to Compel filed by Professional Probation Services Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Grayson, Bryan) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
87

First MOTION for Extension of Time to File Response/Reply as to 81 Order on Motion to Strike,, Order on Motion for Leave to File Excess Pages, by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Jordan, Alexandra) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
88

TEXT ORDER granting 87 Unopposed Motion for Extension of Time to File Reply re 75 MOTION to Compel. Plaintiffs' reply brief is due on or before August 29, 2018. Signed by Judge Annemarie Carney Axon on 8/27/2018. (RLW) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
89

REPLY Brief filed by Plaintiffs Jennifer Essig, Catherine Regina Harper, Shannon Jones re: 86 Response in Opposition to Motion, 75 MOTION to Compel filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Jordan, Alexandra) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
90

ORDER Plaintiffs to SHOW CAUSE, in writing, on or before October 1, 2018, why the court should not dismiss the freestanding due process claim for failure to state a claim. Accordingly, the court ORDERS Plaintiffs to SHOW CAUSE, in writing, on or before October 1, 2018, how, if the court dismisses the federal cause of action, the court has independent jurisdiction over the state law claim. Signed by Judge Annemarie Carney Axon on 9/19/2018. (TLM, ) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
91

RESPONSE TO ORDER TO SHOW CAUSE by Jennifer Essig, Catherine Regina Harper, Shannon Jones. filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones (Jordan, Alexandra) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
92

** VACATED IN PART PER (doc 101)***ORDER The court GRANTS IN PART and DENIES IN PART the motion to dismiss the second amended complaint. 57 The court DISMISSES Count One WITH PREJUDICE. The court DENIES the motion to dismiss Count Two. The court DIRECTS Plaintiffs to SHOW CAUSE, in writing, on or before November 28, 2018, why the court should not dismiss the state law claim for lack of jurisdiction. Signed by Judge Annemarie Carney Axon on 11/14/2018. (TLM, ) Modified on 12/10/2018 (TLM, ). (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

Clearinghouse
93

TEXT ORDER finding as moot 75 Motion to Compel in light of the court's order dismissing Count One of the second amended complaint. Signed by Judge Annemarie Carney Axon on 11/16/2018. (RLW) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
94

MOTION for Extension of Time to File Response to Show Cause Order by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Early, Emily) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
95

TEXT ORDER granting 94 Plaintiffs' unopposed motion for extension of time to respond to the court's order to show cause. Plaintiffs must file their response on or before December 5, 2018. Signed by Judge Annemarie Carney Axon on 11/27/2018. (RLW) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
96

RESPONSE to re 92 ORDER TO SHOW CAUSE filed by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Jordan, Alexandra) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
97

MOTION for Reconsideration re 92 Order,, Memorandum Opinion,, Set Deadlines, by Jennifer Essig, Catherine Regina Harper, Shannon Jones. (Zampierin, Sara) Modified on 12/19/2018 (TLM, ). (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
98

Brief re 97 MOTION for Reconsideration re 92 Order,, Memorandum Opinion,, Set Deadlines, . (Zampierin, Sara) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Hepatitis C

Key Dates

Filing Date: Oct. 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are probationers who committed misdemeanor offenses and could not pay their fines immediately.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Professional Probation Services (Jefferson), Private Entity/Person

City of Gardendale (Jefferson), City

Municipal Court Judge (Jefferson), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Fines/Fees/Bail/Bond