Case: Alkire v. Irving

5:96-cv-02687 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 16, 1996

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On December 16, 1996, an inmate at the Holmes County Jail in Ohio filed a lawsuit under 42 U.S.C. § 1983 against the representatives of the jail and the Holmes County Court in the U.S. District Court for the Northern District of Ohio. The plaintiff asked the district court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated through a denial of due process and equal protection of the court system during sentencing. The specific co…

On December 16, 1996, an inmate at the Holmes County Jail in Ohio filed a lawsuit under 42 U.S.C. § 1983 against the representatives of the jail and the Holmes County Court in the U.S. District Court for the Northern District of Ohio. The plaintiff asked the district court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated through a denial of due process and equal protection of the court system during sentencing. The specific complaint concerned the incarceration of indigent defendants who can not afford to pay court fines.

Eventually, the parties agreed to a partial stipulation of settlement, which disposed of several issues in the case. On June 30, 2000, the U.S. District Court for the District of Ohio (Judge David D. Dowd, Jr.) accept the partial stipulation of settlement and dismissed all other motions in the case. The plaintiff filed a renewed motion for class certification, which was rejected by the court (Judge Dowd) on September 26, 2000.

On November 9, 2000, the district court closed the case. The plaintiff appealed.

On September 18, 2002, the U.S. Court of Appeals for the Sixth Circuit (Judge Arthur J. Tarnow) partially affirmed and partially reversed the district court's dismissal of the remaining claims. Alkire v. Irving, 305 F.3d 456 (6th Cir. 2002). This opinion was subsequently withdrawn by the court.

On June 2, 2003, the Sixth Circuit (Judge Tarnow) issued a second opinion, partially affirming and partially reversing the district court. The opinion held: (1) remand was necessary to determine whether county court was entitled to sovereign immunity; (2) genuine issue of material fact existed as to whether plaintiff's Fourth Amendment rights were violated; (3) genuine issue of fact existed as to whether plaintiff's constitutional rights were violated by civil debt-related incarceration; (4) remand was required to determine whether county deprived plaintiff of his constitutional rights when it incarcerated him for failure to pay fines and court costs without any inquiry into his ability to pay; and (5) plaintiff had no due process or equal protection rights to receive dollar amount credit toward fines and costs for jail time served. Alkire v. Irving, 330 F.3d 802 (6th Cir. 2003).

On September 25, 2003, the district court (Judge Dowd) dismissed the defendants Judge Jane Irving and Holmes County Court from the case. The court also dismissed the claims for damages set forth in the second through sixth claims for relief, ruling that the only question remaining for trial was the question of whether defendant Holmes County had unconstitutionally detained the plaintiff without a prompt probable cause hearing.

On October 10, 2003, the parties settled the case and agreed to settle the issue of attorney fees through mediation. On October 14, 2003, the district court (Judge Dowd) dismissed the case with prejudice. The attorney fees were settled shortly thereafter, and on July 20, 2004, the district court (Judge Dowd) entered an order of satisfaction of judgment.

Summary Authors

Kristen Sagar (10/20/2006)

People


Judge(s)

Dowd, David Dudley Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Armbruster, Robert (Ohio)

Goldstein, Judith B. (Ohio)

Icove, Edward A. (Ohio)

Smith, Gary M. (Ohio)

Attorneys(s) for Defendant

Reid, Timothy T. (Ohio)

Smakula, Michael J. (Ohio)

Expert/Monitor/Master

Butler, Annette G. (Ohio)

Judge(s)

Dowd, David Dudley Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Armbruster, Robert (Ohio)

Goldstein, Judith B. (Ohio)

Icove, Edward A. (Ohio)

Smith, Gary M. (Ohio)

Attorneys(s) for Defendant

Reid, Timothy T. (Ohio)

Smakula, Michael J. (Ohio)

Expert/Monitor/Master

Butler, Annette G. (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

July 20, 2004 Docket

Memorandum Opinion

Sept. 26, 2000 Order/Opinion

Opinion

U. S. Court of Appeals for the Sixth Circuit

305 F.3d 456

Sept. 18, 2002 Order/Opinion

Amended Opinion

U. S. Court of Appeals for the Sixth Circuit

330 F.3d 802

June 2, 2003 Order/Opinion

Re: Lloyd D. Alkire v. Jane Irving

July 11, 2003 Correspondence

Stipulation of Settlement Between Plaintiff and Defendants Judge Jane Irving, Holmes County Court and Holmes County

None Pleading / Motion / Brief

Docket

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

ECF Number Description Date Link

Case closed for statistical purposes. See ICMS Document Nos. 130 and 131(L, T) (Entered: 07/24/2003)

Nov. 9, 2000
148

Mandate from the United States Court of Appeals for the Sixth Circuit reversing on the first and second issues and remanding for further proceedings and affirming on the third and fourth issues. Clerk, Leonard Green; Moore, Cole, Tarnow, Circuit Judges. (Filed in USCA on 7/10/03) Case Reopened.(L, T) Modified to change document number on 7/24/2003 (L, T). (Entered: 07/24/2003)

July 14, 2003
149

See ICMS docket sheet for entries 1-148. (L, T) Modified to change document number on 7/24/2003 (L, T). (Entered: 07/24/2003)

July 14, 2003
150

Notice of Placement of case in the CM/ECF Docketing System. (L, T) (Entered: 07/24/2003)

July 14, 2003
151

Order that the mandate directs the Court to determine if "Ohio" would be legally liable for a judgment against the Holmes County Court and requires the Court to proceed to trial on the issue of whether the Sheriff of Holmes County engaged in a constitutional tort by holding plaintiff in custody beyond 48 hours without releasing him; FURTHER the plaintiff is directed to brief the remand question by 8/16/03; defendants have leave until 9/5/03 to file a brief in response; trial as required by remand is scheduled for a two-week period beginning 10/20/2003 in Courtroom 442. Signed by Judge David D. Dowd Jr. on 7/15/2003. (L, T) (Entered: 07/24/2003)

July 24, 2003
152

TRIAL Order scheduling case for trial on a standby basis for the two- week period beginning October 20, 2003, at 8:30 A.M. Final joint stipulations to be filed by October 20, 2003. Status conference to be held on September 25, 2003, at 12:30 P.M. Signed by Judge David D. Dowd Jr. on July 18, 2003. (M, D) (Entered: 07/28/2003)

July 28, 2003
154

Attorney Appearance of Additional Counsel, Michael J. Smakula, filed by on behalf of all defendants. (Smakula, Michael) Modified text on 8/1/2003 (P, G). (Entered: 07/31/2003)

July 31, 2003
155

ORDER granting Motion for extension of time to brief the remand question. The plaintiff's brief is due on August 25, 2003, and the defendants' brief is due September 12, 2003. The balance of the motion directed to attorney fees is premature. The Court still has the issue of the remand question and the trial on the merits. The motion setting dates for plaintiff's motion for attorney fees is DENIED. (Related Doc # 153). Signed by Judge David D. Dowd Jr. on 8/4/2003.(M, D) (Entered: 08/05/2003)

Aug. 5, 2003
156

Joint Motion for extension of time to File Briefs, filed by all parties. (Icove, Edward) Modified filers on 8/25/2003 (P, G). (Entered: 08/22/2003)

Aug. 22, 2003
157

Marginal Order granting second motion for extension of time (Related Doc # 156). Signed by Judge David D. Dowd Jr. on 8/25/03.(D, S) (Entered: 08/25/2003)

Aug. 25, 2003
158

Brief on Remand filed by Lloyd D. Alkire. (Attachments: # 1 Case # C-1- 97-1041 # 2 Financial Report # 3 Handbook) (Icove, Edward) Modified text on 9/4/2003 (P, G). (Entered: 09/03/2003)

Sept. 3, 2003
159

Unopposed Motion to continue Trial date from 10/20/03 to at least 11/17/03 with memorandum, filed by Lloyd D. Alkire. (Icove, Edward) Modified text on 9/17/2003 (P, G). (Entered: 09/03/2003)

Sept. 3, 2003
160

Order denying Motion to continue trial (Related Doc # 159). Signed by Judge David D. Dowd Jr. on 9/5/03.(D, S) (Entered: 09/05/2003)

Sept. 5, 2003
161

Motion for extension of time until 10/03/03 to File Brief filed by all defendants. (Smakula, Michael) Modified text on 9/17/2003 (P, G). (Entered: 09/16/2003)

Sept. 16, 2003
162

Order denying defendants' Motion for extension of time to 10/3/03 to file brief on remand issues (Related Doc # 161); there being no good cause for further delay of this case, defendants' brief is due by 4:00 p.m. on Monday, 9/22/03; no replies permitted. SEE ORDER FOR DETAILS. Signed by Judge David D. Dowd Jr. on 9/17/03.(D, S) (Entered: 09/18/2003)

Sept. 18, 2003
163

Brief on Remand, (Related document #162) filed by Holmes County, Holmes County Court. (Smakula, Michael) Modified on 9/23/2003 to create link (P, G). (Entered: 09/22/2003)

Sept. 22, 2003
164

Memorandum, Opinion and Order concluding that defendant Holmes County Court is not sui juris and must be dismissed, along with defendant Judge Jane Irving; further, dismissing the claims for damages set forth in the second through sixth claims for relief in the amended complaint, with all that remains for trial being the question of whether defendant Holmes County, through its agent defendant Sheriff Timothy Zimmerly, unconstitutionally detained the plaintiff without a prompt probable cause hearing; and further confirming that this ruling has no effect on the stipulated settlement of the parties with respect to the declaratory and injunctive portions of the suit. SEE ORDER FOR DISCUSSION. Signed by Judge David D. Dowd Jr. on 9/25/03. (D, S) (Entered: 09/25/2003)

Sept. 25, 2003
165

Judgment Entry dismissing defendants Holmes County Court and Judge Jane Irving as well as the second through sixth claims in the amended complaint. Related Doc. 164 Signed by Judge David D. Dowd Jr. on 9/25/03. (D, S) (Entered: 09/25/2003)

Sept. 25, 2003
166

Amended Trial Order setting new deadlines, to accommodate settlement discussions with Magistrate Judge Gallas to be completed by 10/10/03, as follows: final undisputed fact stipulations due by 8:00 a.m. on 10/20/03 (see order for more specifics); trial briefs, exhibits and motions in limine due by 12:00 noon on 10/17/03; all other directives of the original Trial Order remain in force (Related Doc. #152). Signed by Judge David D. Dowd Jr. on 9/25/03. (D, S) (Entered: 09/25/2003)

Sept. 25, 2003
167

Order scheduling settlement conference for 10/10/2003 at 1:30 p.m. before Magistrate Judge James S. Gallas; Lead counsel and parties are to attend; Parties are to hand-deliver position statements to the Court by 10/7/2003. (Related document #166). Signed by Magistrate Judge James S. Gallas on 9/26/2003. (P, J) (Entered: 09/26/2003)

Sept. 26, 2003
168

Report and Recommendation: Settlement conference was held on 10/10/2003; The claim of Lloyd Alkire was settled and dismissal entry to provide each party to pay their own costs; Details of the settlement were put on the record electronically, with the issue of attorney fees left open and to be resolved by mediation. (Related Documents #166, 167). Signed by Magistrate Judge James S. Gallas on 10/10/2003. (P, J) (Entered: 10/10/2003)

Oct. 10, 2003
169

Judgment Entry ordering the docket be marked, "Settled and dismissed, with prejudice.", each party to bear its own costs. By separate order and with the consent of the parties and counsel, the Court will direct the matter of attorney fees to mediation by Attorney Annette Butler. (Related document # 168). Signed by Judge David D. Dowd Jr. on 10/14/03. (P, G) (Entered: 10/15/2003)

Oct. 14, 2003
170

Order referring matter of attorney fees to mediation. The Court requests that Attorney Annette Butler be appointed as the mediator. The Clerk is directed to send a copy of the Order to the ADR Administrator (Related document # 169). Signed by Judge David D. Dowd Jr. on 10/16/03. (P, G) (Entered: 10/16/2003)

Oct. 16, 2003
171

Notice of designation of neutral - Mediator advised to schedule mediation conference no later than 12/31/2003. Report of Mediator to be filed manually no later than 1/12/2004. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Mediator to schedule mediation conference and file electronic notice setting forth the date, time and location of the mediation conference. Mediation process to be completed by 1/12/2004. Designated neutral: Annette G. Butler (Related document(s)170). (D, P) (Entered: 10/17/2003)

Oct. 17, 2003
172

Final Mediation Report filed manually with ADR Administrator. Disp. Code: 8. Future ADR: Require that all parties to mediation arrive with reasonable authority. Otherwise, a good faith mediation cannot occur (Related document(s)171). (D, P) (Entered: 12/19/2003)

Dec. 19, 2003
173

Notice of ADR Administrator - mediation conference held 12/17/2003 and as a result, the process is complete. Case returned to chambers for further settlement negotiations and case processing (Related document(s) 172). (D, P) (Entered: 12/19/2003)

Dec. 19, 2003
174

Order directing plaintiff to file a properly supported application for attorney fees by 1/30/2004 and defendants to respond by 2/27/2004. Signed by Judge David D. Dowd Jr. on 1/7/2004. (D, S) (Entered: 01/07/2004)

Jan. 7, 2004
175

Motion for attorney fees and expenses by Edward A. Icove filed by on behalf of Lloyd D. Alkire. (Attachments: # 1 Exhibit A-Declaration # 2 Detail slip listing # 3 Pre-bill worksheet # 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F)(Icove, Edward) Modified text and attachments on 2/2/2004 (P, G). (Entered: 01/30/2004)

Jan. 30, 2004
176

Memorandum in Opposition to Plaintiff's Counsels' Application for Attorneys Fees and Expense Reimbursement, filed by Holmes County, Holmes County Court, Jane Irving, Timothy Zimmerly. (Smakula, Michael) Modified text on 3/1/2004 (P, G). (Entered: 02/27/2004)

Feb. 27, 2004
177

Memorandum Opinion and Order that plaintiff is awarded attorney's fees as follows, including post-judgment interest from 10/14/2003 until 5/3/2004: Edward Icove $71,448.64; Gary Smith $39,776.48; Louise McKinney $18,562.36; Judith Goldstein $10,543.29; Rachel Robinson $755.25; (Grand Total of $141,086.02). The above amounts shall be paid by the defendants to the individual attorneys, with interest until the date of payment at the rate fixed by federal law. (Related Doc # 175). Signed by Judge David D. Dowd Jr. on 5/3/2004. (Attachments: # 1 Rate)(M, D) Modified Text on 5/3/2004 (M, D). (Entered: 05/03/2004)

May 3, 2004
178

Judgment Entry that defendants shall pay the following attorney's fees, with interest, totaling $141,086.02, plus interest until the date of payment at the rate fixed by federal law: Edward Icove $71,448.64; Gary Smith $39,776.48; Louise McKinney $18,562.36; Judith Goldstein $10,543.29; Rachel Robinson $755.25. Signed by Judge David D. Dowd Jr. on 5/3/2004. (M, D) (Entered: 05/03/2004)

May 3, 2004
179

Motion for extension of time to File Notice of Appeal filed by all defendants. (Smakula, Michael) (Entered: 06/14/2004)

June 14, 2004
181

Judgment Satisfaction filed by Lloyd D. Alkire. (Icove, Edward) (Entered: 07/19/2004)

July 19, 2004
182

Order of Satisfaction of Judgment. Signed by Judge David D. Dowd Jr. on 7/19/2004. (M, D) (Entered: 07/20/2004)

July 20, 2004

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 16, 1996

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arrestee alleging that his constitutional rights were violated by his warrantless detention on drunk driving charge and civil debt-related incarceration for failure to pay fines and court costs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Holmes County Jail (Holmes), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 0

Issues

General:

Access to lawyers or judicial system

Type of Facility:

Government-run