Case: Coleman v. Brookside

2:22-cv-00423 | U.S. District Court for the Northern District of Alabama

Filed Date: April 4, 2022

Case Ongoing

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Case Summary

This is a class-action lawsuit challenging a small town’s practice of over-policing to generate revenue through fines and fees. On April 4, 2022, a group of individuals whom the Brookside police detained in traffic stops filed this complaint and motion for class certification in the U.S. District Court for the Northern District of Alabama. The plaintiffs sued the Town of Brookside, Alabama, Jett's Towing, and three Brookside police officers in their individual capacities, seeking redress for Fourth and Fourteenth Amendment violations under 42 U.S.C. § 1983. Represented by the Institute for Justice, the plaintiffs sought declaratory and injunctive relief, as well as disgorgement and cancellation of the fees arising from the unconstitutional policies and costs and attorneys’ fees. The suit was initially assigned to Magistrate Judge Nicholas A. Danella before being assigned to Judge Robert David Proctor on May 19, 2022.

The plaintiffs alleged that in 2018, Brookside policymakers began leveraging the police force to systematically target residents in baseless traffic stops, car searches, arrests, and unnecessary car tows for the purpose of earning vehicle “release” fees. The plaintiffs alleged that the town, which has fewer than 1,300 residents, increased its revenue by 640% over the course of two years and that it spent the revenue on a K9 unit, a SWAT tactical operations team, unmarked SUVs, a new communications center, and a new jail. The plaintiffs also alleged that annual tows from 2018 to 2020 increased from 50 to 789, and that many of the individuals targeted in these tows were also charged with offenses in Brookside Municipal Court and required to pay court fees. They claimed the town violated the Due Process Clause of the Fourteenth Amendment because its policies, practices, and customs gave it an unlawful financial interest in legal proceedings and that the police officer defendants conducted unreasonable seizures in violation of the Fourth Amendment when they handcuffed the lead plaintiff and towed her car without a warrant or justification.

In their initial complaint, plaintiffs sought to certify two classes: the "Towing Class" and the "Charging Class." The former would be composed of "[a]ll persons who, since March 1, 2018, have paid fees to either the Town of Brookside or Jett’s Towing (or both) to secure the release of a vehicle towed on the orders of the Brookside Police Department following a traffic stop.” The plaintiffs sought relief in the form of a return of fines paid and vehicles held as well as injunctive relief. The Charging Class would be composed of "[a]ll persons who have been charged with offenses in Brookside Municipal Court following traffic stops by the Brookside Police Department since March 1, 2018."

Additionally, the lead plaintiff in the lawsuit brought an individual claim against three members of the Brookside Police Department in their individual capacity for violations of the Fourth Amendment under §1983. The plaintiff alleged that the named police officers illegally handcuffed her after a traffic stop by fabricating a marijuana charge, in addition to illegally seizing, towing, and impounding her vehicle. The plaintiff sought compensatory damages against the individual officers.

The city and the towing company filed separate motions to dismiss on May 13, 2022. The same day, the city also filed an additional motion to dismiss on behalf of the named police officers, alleging that statutory limitations precluded the suit.

Plaintiffs filed an amended complaint on June 17, 2022, adding a sub-class of individuals to the Towing Class (the "Vehicle Retention Sub-Class"). "). The sub-class would cover “[a]ll persons who, since June 17, 2020, have paid fees to the Town of Brookside to secure the release of a vehicle towed on the orders of the Brookside Police Department following a traffic stop.” The plaintiffs specifically alleged that the city's imposition of a mandatory $175 fee to recover one's vehicle, which was unrelated to the cost of administering the city's vehicle towing and impounding system, violated the Due Process Clause of the Fourteenth Amendment. The plaintiffs sought a declaratory judgment against the practice, an injunction barring the practice, and a damages award disgorging and returning the fees previously paid to the Vehicle Retention Sub-Class.

The city renewed its motion to dismiss on July 1, 2022. The towing company followed with a renewal of its motion to dismiss on July 5, 2022. The police officers all sought summary judgment in their favor on July 22, 2022, arguing that their actions were covered by qualified immunity and that they did not commit Fourth Amendment violations.

On July 26, 2022, the U.S. Department of Justice’s Civil Rights Division filed a statement of interest in the case. In the statement, attorneys for the DOJ emphasized the federal government’s interest in preserving equality of the law and its history in correcting similar cases of over-policing for profit. The Department then argued that the city’s actions violated provisions of the 14th Amendment requiring municipal courts, prosecutors, and police officers to maintain impartiality.

Judge Proctor denied the police officers’ summary judgment motion on October 28, 2022. He found that there was sufficient evidence to dispute whether the officers were acting reasonably when detaining the plaintiffs prior to impounding their vehicle. These disputes cast uncertainty over whether or not the police officers committed constitutional violations. If they did commit Fourth Amendment violations, this would nullify officers’ qualified immunity claims. As the disputes were factual matters, Judge Proctor denied summary judgment, preferring instead to let a jury determine the issue. 637 F. Supp. 3d 1290.

Judge Proctor reassigned the case to Judge Anna M. Manasco on December 7, 2022. In an earlier administrative termination to a motion by the plaintiffs, Judge Proctor wrote that moving the case to Judge Manasco would ease procedural burdens and promote consolidation with other cases pending before Judge Manasco relating to the city’s policing procedures. Judge Manasco’s Brookside cases (Thomas v. Town of Brookside et al., 2:22-cv-157-AMM, Wattson v. Town of Brookside, 2:21-cv-649-AMM, Harris v. Town of Brookside et al., 2:21-cv-1341-AMM) were all at similar procedural stages. Judge Manasco promptly ordered the parties of all four suits to discuss consolidation. Judge Manasco also lifted a stay on discovery against the three named police officers and scheduled proceedings for the lead plaintiff's individual §1983 claim.

On March 23, 2023, Judge Manasco denied both the city's and the towing company’s motions to dismiss. She rejected arguments by the city that the incidents at issue were “as applied” challenges, writing that the actions of officials reflected a broader policy and that this policy could be challenged on its face. Judge Manasco then denied the towing company’s dismissal motion, noting that the city and the towing company had a sufficient relationship to deem the towing company’s actions as state action.

The parties then turned their attention towards the issue of consolidation. On July 21, 2023, Judge Manasco ordered the parties in this action and in Wattson (2:21-cv-649-AMM) and Thomas (2:22-cv-157-AMM) to meet and confer regarding coordinating pretrial proceedings and directed them to submit a joint proposed scheduling order. On September 18, 2023, Judge Manasco approved the joint scheduling order, which noted that the parties in all three cases should be ready for trial by June 2025.

Discovery on the individual claim brought by the lead plaintiff (alleging a violation of the Fourth Amendment) against the three named police officers continued through November 2023. On December 28, 2023, the lead plaintiff moved for partial summary judgment on the individual count against the named officers. The motion is still pending before the District Court.

The case is ongoing.

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Summary Authors

Laura Irei (4/16/2022)

Matthew Schoenthal (4/17/2023)

Muiz Wani (2/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63218236/parties/coleman-v-brookside-alabama-town-ofet-al/

Attorney for Plaintiff

Clark, Victoria (Alabama)

Dawson, William M (Alabama)

Gedge, Samuel B. (Alabama)

Attorney for Defendant

Expert/Monitor/Master/Other

Attorney, Prim F. (Alabama)

Chamblee-Ryan, Katherine (Alabama)

Attorney for Plaintiff

Clark, Victoria (Alabama)

Dawson, William M (Alabama)

Gedge, Samuel B. (Alabama)

Maurer, William R. (Alabama)

Sen, Suranjan Michael (Alabama)

Tsitsuashvili, Jaba (Alabama)

Attorney for Defendant

Hale, Thomas S (Alabama)

Kinney, Richard Warren (Alabama)

Porter, James W (Alabama)

Tidwell, Jay E (Alabama)

Expert/Monitor/Master/Other

Attorney, Prim F. (Alabama)

Chamblee-Ryan, Katherine (Alabama)

Ward, Carla (Alabama)

Woodke, Lane H (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:22-cv-00423	Class Action Complaint	April 4, 2022	April 4, 2022 Complaint
32 2:22-cv-00423	First Amended Class Action Complaint	June 17, 2022	June 17, 2022 Complaint
56 2:22-cv-00423	Statement of Interest of the United States	July 26, 2022	July 26, 2022 Pleading / Motion / Brief
66 2:22-cv-00423	Memorandum Opinion	Oct. 28, 2022	Oct. 28, 2022 Order/Opinion 637 F.Supp.3d 637
75 2:22-cv-00423	Joint Status Report Regarding All Parties' Views on Consolidation of Cases Coleman v. The Town of Brookside	Dec. 21, 2022	Dec. 21, 2022 Pleading / Motion / Brief
80 2:22-cv-00423	Order	March 23, 2023	March 23, 2023 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Brookside, Alabama Fines Institute for Justice	Brookside’s policing practices are deeply offensive—not only to common decency, but also the U.S. Constitution. Courts recognize that generating 10% of revenue from fines and fees raises a presumptio…	April 4, 2022	April 4, 2022 https://ij.org/...
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/63218236/coleman-v-brookside-alabama-town-ofet-al/

Last updated March 25, 2024, 9:03 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants filed by Brandon Jones, Alexis Thomas, Brittany Coleman, Chekeithia Grant.(DNW) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 Clearinghouse
	Filing Fee - Pay.gov	April 4, 2022	April 4, 2022 PACER
2	NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL: You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (DNW) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 RECAP
	Filing Fee: Filing fee $ 402, receipt_number AALNDC-4052809 (B4601119412). related document 1 COMPLAINT against All Defendants filed by Brandon Jones, Alexis Thomas, Brittany Coleman, Chekeithia Grant.(DNW). (Dawson, William) Modified on 4/5/2022 (DNW, ).	April 4, 2022	April 4, 2022 PACER
3	MOTION for Limited Admission of Samuel Gedge by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 RECAP
4	MOTION for Limited Admission of Jaba Tsitsuashvili by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
5	MOTION for Limited Admission of Suranjan Sen by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
6	MOTION for Limited Admission of William Maurer by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
	PHV Fee Paid	April 8, 2022	April 8, 2022 PACER
	PHV Fee paid: $ 75, receipt number AALNDC-4057490 (B4601119553). (Dawson, William) Modified on 4/11/2022 (DNW, ).	April 8, 2022	April 8, 2022 PACER
	PHV Fee paid: $ 75, receipt number AALNDC-4057505 (B4601119550). (Dawson, William) Modified on 4/11/2022 (DNW, ).	April 8, 2022	April 8, 2022 PACER
	PHV Fee paid: $ 75, receipt number AALNDC-4057509 (B4601119552). (Dawson, William) Modified on 4/11/2022 (DNW, ).	April 8, 2022	April 8, 2022 PACER
	PHV Fee paid: $ 75, receipt number AALNDC-4057511 (B4601119551). (Dawson, William) Modified on 4/11/2022 (DNW, ).	April 8, 2022	April 8, 2022 PACER
7	TEXT ORDER granting 3 Motion for Admission Pro Hac Vice for Attorney Samuel B. Gedge. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
8	TEXT ORDER granting 4 Motion for Admission Pro Hac Vice for Attorney Jaba Tsitsuashvili. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
9	TEXT ORDER granting 5 Motion for Admission Pro Hac Vice for Attorney Suranjan M. Sen. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
10	TEXT ORDER granting 6 Motion for Admission Pro Hac Vice for Attorney William R. Maurer. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
11	NOTICE of Appearance by William M Dawson on behalf of All Plaintiffs (Dawson, William) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
12	NOTICE of Appearance by Samuel B. Gedge on behalf of All Plaintiffs (Gedge, Samuel) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
13	NOTICE of Appearance by Jaba Tsitsuashvili on behalf of All Plaintiffs (Tsitsuashvili, Jaba) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
14	NOTICE of Appearance by Suranjan Michael Sen on behalf of All Plaintiffs (Sen, Suranjan) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
15	NOTICE of Appearance by William R. Maurer on behalf of All Plaintiffs (Maurer, William) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
16	Summons Issued as to Jett's Towing, Inc., Marcus Sellers, The Town of Brookside, Alabama. Returned to plaintiff for service. (DNW) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 PACER
17	SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. Jett's Towing, Inc. served on 4/22/2022, answer due 5/13/2022. (Dawson, William) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
18	SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. The Town of Brookside, Alabama served on 4/22/2022, answer due 5/13/2022. (Dawson, William) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
19	SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. Marcus Sellers served on 4/28/2022, answer due 5/19/2022. (Dawson, William) (Entered: 04/29/2022)	April 29, 2022	April 29, 2022 PACER
20	MOTION to Dismiss by Jett's Towing, Inc.. (Tidwell, Jay) (Entered: 05/13/2022)	May 13, 2022	May 13, 2022 RECAP
21	MOTION to Dismiss by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 05/13/2022)	May 13, 2022	May 13, 2022 RECAP
22	MOTION to Dismiss Grant and Thomas on Statute of Limitations Grounds by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 05/13/2022)	May 13, 2022	May 13, 2022 RECAP
23	NOTICE of Appearance by Thomas S Hale on behalf of Marcus Sellers (Hale, Thomas) (Entered: 05/18/2022)	May 18, 2022	May 18, 2022 PACER
24	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss, 22 MOTION to Dismiss Grant and Thomas on Statute of Limitations Grounds, 21 MOTION to Dismiss, Unopposed MOTION for Extension of Time to Amend 1 Complaint by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 05/19/2022)	May 19, 2022	May 19, 2022 PACER
25	Case Reassigned to Judge R David Proctor. Magistrate Judge Nicholas A Danella no longer assigned to the case. Please use case number 2:22-cv-00423-RDP on all subsequent pleadings (DNW) (Entered: 05/19/2022)	May 19, 2022	May 19, 2022 PACER
26	INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 5/19/2022. (KAM) (Entered: 05/19/2022)	May 19, 2022	May 19, 2022 PACER
27	TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 24 . The Motion 24 is GRANTED. On or before June 17, 2022, Plaintiffs SHALL either separately respond to the three motions to dismiss or file an amended complaint. Plaintiffs are ADVISED to consider the viability of their putative class action complaint's request to certify a Rule 23(b)(3) damages class, particularly in light of Wal-Mart Stores, Inc. v. Dukes, 546 U.S. 338 (2011), and its progeny. Plaintiffs are FURTHER ADVISED to consider the effect of an earlier filed putative class action, Thomas v. Town of Brookside, 2:22-cv-157-AMM (N.D. Ala. 2022). Signed by Judge R David Proctor on 5/23/2022. (KAM) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
	PHV Fee Paid	May 23, 2022	May 23, 2022 PACER
28	MOTION for Limited Admission of Victoria Clark by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Dawson, William) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
	PHV Fee paid: $ 75, receipt number AALNDC-4091967. (Dawson, William) NDAL rec# B4601120406 Modified on 6/10/2022 (KAM).	May 23, 2022	May 23, 2022 PACER
29	TEXT ORDER - Before the court is Victoria Clarks Motion to Appear Pro Hac Vice 28 . The Motion 28 is GRANTED. Signed by Judge R David Proctor on 5/24/2022. (KAM) (Entered: 05/24/2022)	May 24, 2022	May 24, 2022 PACER
30	MOTION to Stay by The Town of Brookside, Alabama. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kinney, Richard) (Entered: 06/15/2022)	June 15, 2022	June 15, 2022 PACER
31	ORDER This case is before the court on the parties Joint Motion to Temporarily Stay Discovery Obligations 30 ; The court hereby GRANTS the Motion; The parties' discovery obligations pursuant to Fed. R. Civ. P. 16 and 26 and the courts Initial Order e temporarily STAYED until the court rules on Defendants motions to dismiss; If one or more Defendants answer Plaintiffs amended complaint (rather than move to dismiss it), the parties SHALL hold their Rule 26(f) conference no later than ten (10) days after the filing of the answer(s). Signed by Judge R David Proctor on 6/15/2022. (KAM) (Entered: 06/15/2022)	June 15, 2022	June 15, 2022 PACER
32	AMENDED COMPLAINT against All Defendants, filed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant.(Tsitsuashvili, Jaba) (Entered: 06/17/2022)	June 17, 2022	June 17, 2022 Clearinghouse
33	TEXT ORDER Before the court are Defendants Motions to Dismiss 20, 21, 22 . Plaintiffs have since filed an Amended Complaint 32 . Because the Motions at issue are no longer directed to the operative complaint, those Motions 20, 21, 22 are ADMINISTRATIVELY TERMINATED. Plaintiffs SHALL timely respond to the Amended Complaint 32 . Signed by Judge R David Proctor on 6/21/2022. (KAM) (Entered: 06/21/2022)	June 21, 2022	June 21, 2022 PACER
34	NOTICE of Appearance by Thomas S Hale on behalf of Maresha Moses (Hale, Thomas) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
35	NOTICE of Appearance by Thomas S Hale on behalf of Anthony Ragsdale (Hale, Thomas) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
36	NOTICE by Maresha Moses (OF ACCEPTANCE OF SERVICE) (Hale, Thomas) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
37	Unopposed MOTION for Extension of Time (FOR FILING MOTION OR RESPONSIVE PLEADING) by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
38	TEXT ORDER Before the court is Defendants Sellers, Moses, and Ragsdales Unopposed Motion for Extension of Time 37 . The Motion 37 is GRANTED. Defendants Sellers, Moses, and Ragsdale SHALL respond to the amended complaint on or before July 22, 2022. Signed by Judge R David Proctor on 6/29/2022. (KAM) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
39	MOTION to Dismiss First Amended Complaint by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 07/01/2022)	July 1, 2022	July 1, 2022 RECAP
40	TEXT ORDER Before the court is Defendant Town of Brooksides Motion to Dismiss 39 . The parties are REMINDED to brief the motion in accordance with Exhibit B to the courts Initial Order 26 . Signed by Judge R David Proctor on 7/5/2022. (KAM) (Entered: 07/05/2022)	July 5, 2022	July 5, 2022 PACER
41	NOTICE by Anthony Ragsdale (OF ACCEPTANCE OF SERVICE) (Hale, Thomas) (Entered: 07/05/2022)	July 5, 2022	July 5, 2022 PACER
42	Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss First Amended Complaint and officers' expected motion(s) to dismiss Coleman by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 07/05/2022)	July 5, 2022	July 5, 2022 PACER
43	First MOTION to Dismiss by Jett's Towing, Inc.. (Tidwell, Jay) (Entered: 07/06/2022)	July 6, 2022	July 6, 2022 PACER
44	TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 42 . The Motion 42 is GRANTED. Plaintiffs SHALL respond to Defendant Town of Brooksides motion on or before July 25, 2022. If Defendant officers file a motion to dismiss, then Plaintiffs SHALL respond to the officers motion on or before August 15, 2022. Signed by Judge R David Proctor on 7/6/2022. (KAM) (Entered: 07/06/2022)	July 6, 2022	July 6, 2022 PACER
45	Unopposed MOTION for Extension of Time to File Response/Reply as to 43 First MOTION to Dismiss by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order proposed order)(Tsitsuashvili, Jaba) (Entered: 07/07/2022)	July 7, 2022	July 7, 2022 PACER
46	TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 45 . The Motion 45 is GRANTED. Plaintiffs SHALL respond to Defendant Jetts Towings Motion to Dismiss 43 on or before July 25, 2022. Signed by Judge R David Proctor on 7/7/2022. (KAM) (Entered: 07/07/2022)	July 7, 2022	July 7, 2022 PACER
47	Summons Issued as to Maresha Moses, Anthony Ragsdale delivered to plaintiff (KAM) (Entered: 07/12/2022)	July 12, 2022	July 12, 2022 PACER
48	MOTION to Reassign Case by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 07/15/2022)	July 15, 2022	July 15, 2022 PACER
49	Evidentiary Material re: 32 Amended Complaint . (Attachments: # 1 Exhibit A Brittany Coleman Ragsdale & Sellers Axon_Body_3_Video_2020-04-04_1225 and BRITTANY COLEMAN - M. MOSES Axon_Body_3_Video_2020-04-04_1232))(Hale, Thomas) (Entered: 07/21/2022)	July 21, 2022	July 21, 2022 PACER
50	RESPONSE in Opposition re 48 MOTION to Reassign Case filed by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 07/22/2022)	July 22, 2022	July 22, 2022 PACER
51	Evidentiary Material re: 49 Evidentiary Material, 32 Amended Complaint (SUPPLEMENTAL). (Attachments: # 1 Exhibit A - Brittany Coleman Ragsdale & Sellers Axon_Body_3_Video_2020-04-04_1225, # 2 Exhibit B - Anthony Ragsdales Declaration of the Accuracy, Truth and Validity of the BWC Video, # 3 Exhibit C - BRITTANY COLEMAN - M. MOSES Axon_Body_3_Video_2020-04-04_1232, # 4 Exhibit D - Mareshah Moses Declaration of the Accuracy, Truth and Validity of the BWC Video)(Hale, Thomas) (Entered: 07/22/2022)	July 22, 2022	July 22, 2022 PACER
52	MOTION for Summary Judgment by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 07/22/2022)	July 22, 2022	July 22, 2022 PACER
53	Brief re 49 Evidentiary Material, 52 MOTION for Summary Judgment, 51 Evidentiary Material,, (SUMMARY JUDGMENT). (Hale, Thomas) (Entered: 07/22/2022)	July 22, 2022	July 22, 2022 PACER
54	RESPONSE in Opposition re 39 MOTION to Dismiss First Amended Complaint filed by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Tsitsuashvili, Jaba) (Entered: 07/25/2022)	July 25, 2022	July 25, 2022 RECAP
55	RESPONSE in Opposition re 43 First MOTION to Dismiss filed by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Tsitsuashvili, Jaba) (Entered: 07/25/2022)	July 25, 2022	July 25, 2022 PACER
56	Brief Statement of Interest of the United States filed by UNITED STATES OF AMERICA. (Ward, Carla) (Entered: 07/26/2022)	July 26, 2022	July 26, 2022 Clearinghouse
57	REPLY Brief filed by Plaintiffs Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas re: 48 MOTION to Reassign Case filed by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Tsitsuashvili, Jaba) (Entered: 07/27/2022)	July 27, 2022	July 27, 2022 PACER
58	NOTICE of Appearance by James W Porter, II on behalf of The Town of Brookside, Alabama (Porter, James) (Entered: 08/01/2022)	Aug. 1, 2022	Aug. 1, 2022 PACER
59	REPLY Brief filed by Defendant The Town of Brookside, Alabama re: 39 MOTION to Dismiss First Amended Complaint, 54 Response in Opposition to Motion filed by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 08/04/2022)	Aug. 4, 2022	Aug. 4, 2022 PACER
60	Evidentiary Material re: 52 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Declaration of Brittany Coleman)(Tsitsuashvili, Jaba) (Entered: 08/12/2022)	Aug. 12, 2022	Aug. 12, 2022 PACER
61	RESPONSE in Opposition re 52 MOTION for Summary Judgment filed by Brittany Coleman. (Tsitsuashvili, Jaba) (Entered: 08/12/2022)	Aug. 12, 2022	Aug. 12, 2022 PACER
62	NOTICE of Appearance by Katherine Chamblee-Ryan on behalf of United States of America (Chamblee-Ryan, Katherine) (Entered: 08/12/2022)	Aug. 12, 2022	Aug. 12, 2022 PACER
63	MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/22/2022. (KAM) (Entered: 09/22/2022)	Sept. 22, 2022	Sept. 22, 2022 RECAP
64	ORDER for the reasons explained in the corresponding Memorandum Opinion, 48 Plaintiffs' Motion to Reassign Case is ADMINISTRATIVELY TERMINATED. Signed by Judge R David Proctor on 9/22/2022. (KAM) (Entered: 09/22/2022)	Sept. 22, 2022	Sept. 22, 2022 PACER
65	NOTICE by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas re Filing Motion for Case Reassignment (Attachments: # 1 Exhibit Motion for Case Reassignment)(Tsitsuashvili, Jaba) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 PACER
66	MEMORANDUM OPINION. Signed by Judge R David Proctor on 10/28/2022. (KAM) (Entered: 10/28/2022)	Oct. 28, 2022	Oct. 28, 2022 Clearinghouse
67	ORDER for the reasons explained in the corresponding Memorandum Opinion, 52 Motion for Summary Judgment filed by Defendants Marcus Sellers, Mareshah Moses and Anthony Ragsdale is DENIED. Signed by Judge R David Proctor on 10/28/2022. (KAM) (Entered: 10/28/2022)	Oct. 28, 2022	Oct. 28, 2022 PACER
68	MOTION for Extension of Time to File Answer by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 12/02/2022)	Dec. 2, 2022	Dec. 2, 2022 PACER
69	TEXT ORDER - This matter is before the court on the Unopposed Motion to Extend Time to File an Answer 68 by Defendants Marcus Sellers, Mareshah Moses, and Anthony Ragsdale. The Motion 68 is GRANTED. Defendants Marcus Sellers, Mareshah Moses, and Anthony Ragsdale SHALL respond to the Complaint 32 by December 15, 2022. Signed by Judge R David Proctor on 12/05/2022. (KAM) (Entered: 12/05/2022)	Dec. 5, 2022	Dec. 5, 2022 PACER
70	NOTICE OF REASSIGNMENT-The above-styled civil action has been reassigned to the Honorable Anna M. Manasco. Please use case number 2:22 CV 423 AMM on all subsequent pleadings. (AKD) (Entered: 12/07/2022)	Dec. 7, 2022	Dec. 7, 2022 PACER
71	ORDER-This case is one of three putative class actions pending against the Town of Brookside, Alabama (the Town). The other putative class actions are Thomas v. Town of Brookside et al., Case No. 2:22-cv-157-AMM, and Wattson v. Town of Brookside, Case No. 2:21-cv-649-AMM. A fourth case asserting similar but non-class claims against the Town, Harris v. Town of Brookside et al., Case No. 2:21-cv-1341-AMM, also is assigned to the undersigned.The parties in all four cases are ORDERED to meet and confer and submit a joint status report stating their views regarding consolidation of all four above-named cases within fourteen days. A status conference is SET for JANUARY 5, 2023, at 9:00 a.m., in Courtroom 5B, Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Anna M Manasco on 12/07/2022. (AKD) (Entered: 12/07/2022)	Dec. 7, 2022	Dec. 7, 2022 RECAP
72	ANSWER to 32 Amended Complaint by Maresha Moses.(Hale, Thomas) (Entered: 12/14/2022)	Dec. 14, 2022	Dec. 14, 2022 PACER
73	ANSWER to 32 Amended Complaint by Anthony Ragsdale.(Hale, Thomas) (Entered: 12/14/2022)	Dec. 14, 2022	Dec. 14, 2022 PACER
74	ANSWER to 32 Amended Complaint by Marcus Sellers.(Hale, Thomas) (Entered: 12/14/2022)	Dec. 14, 2022	Dec. 14, 2022 PACER
75	STATUS REPORT by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. filed by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas (Tsitsuashvili, Jaba) (Entered: 12/21/2022)	Dec. 21, 2022	Dec. 21, 2022 Clearinghouse
	Status Conference	Jan. 5, 2023	Jan. 5, 2023 PACER
	Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 1/5/2023. (Court Reporter Teresa Roberson.) (FNC)	Jan. 5, 2023	Jan. 5, 2023 PACER
76	Joint MOTION Partially Lift Stay of Discovery (as to individual defendants in Coleman) by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Tsitsuashvili, Jaba) (Entered: 01/10/2023)	Jan. 10, 2023	Jan. 10, 2023 PACER
77	TEXT ORDER. The court grants 76, partially lifting the stay in the Coleman case only. The parties shall conduct limited discovery as to Count 5 of the complaint. Signed by Judge Anna M Manasco on 1/11/2023. (FNC) (Entered: 01/11/2023)	Jan. 11, 2023	Jan. 11, 2023 PACER
78	REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 02/13/2023)	Feb. 13, 2023	Feb. 13, 2023 PACER
79	SCHEDULING ORDER. This order relates only to Count 5 of the complaint. Certain deadlines and time limits apply, as set out herein. Discovery due by 11/13/2023; Dispositive Motions due by 12/28/2023; Joint Status Report due by 10/30/2023; Status Conference set for 11/6/2023 at 11:00 AM by Zoom, before Judge Anna M Manasco. The court will provide the zoom information to the parties by separate email. This case should be trial ready by June 2024. Signed by Judge Anna M Manasco on 2/16/2023. (FNC) (Entered: 02/16/2023)	Feb. 16, 2023	Feb. 16, 2023 PACER
80	ORDER-For the foregoing reasons, the motions to dismiss 39, 43 are DENIED. Signed by Judge Anna M Manasco on 03/23/2023. (AKD) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 Clearinghouse
81	ANSWER to 32 Amended Complaint by Brookside, Alabama, The Town of.(Kinney, Richard) (Entered: 04/12/2023)	April 12, 2023	April 12, 2023 PACER
82	ANSWER to 32 Amended Complaint by Jett's Towing, Inc..(Tidwell, Jay) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
83	REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 04/27/2023)	April 27, 2023	April 27, 2023 PACER
84	TEXT ORDER. The court sets a Status Conference for 5/25/2023 at 10:00 AM by Zoom, before Judge Anna M Manasco. The court will provide the zoom information to the parties by separate email. Signed by Judge Anna M Manasco on 5/15/2023. (FNC) (Entered: 05/15/2023)	May 15, 2023	May 15, 2023 PACER
	Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 5/25/2023. (FNC)	May 25, 2023	May 25, 2023 PACER
85	ORDER-Accordingly, the parties in this action and in Wattson and Thomas are ORDERED to meet and confer regarding coordinating pretrial proceedings and are DIRECTED to submit a joint proposed scheduling order within TWENTY-ONE (21) DAYS of the issuance of this order. Signed by Judge Anna M Manasco on 07/21/2023. (AKD) (Entered: 07/21/2023)	July 21, 2023	July 21, 2023 PACER
86	MOTION to Withdraw as Attorney Victoria Clark by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Clark, Victoria) (Entered: 07/27/2023)	July 27, 2023	July 27, 2023 PACER
87	TEXT ORDER. The court GRANTS 86 . Attorney Victoria Clark terminated. Signed by Judge Anna M Manasco on 7/28/2023. (FNC) (Entered: 07/28/2023)	July 28, 2023	July 28, 2023 PACER
88	REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 08/11/2023)	Aug. 11, 2023	Aug. 11, 2023 PACER

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Case Details

State / Territory: Alabama

Case Type(s):

Policing

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Traffic Stop Litigation

Key Dates

Filing Date: April 4, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The "Towing Class" to be composed of "[a]ll persons who, since March 1, 2018, have paid fees to either the Town of Brookside or Jett’s Towing (or both) to secure the release of a vehicle towed on the orders of the Brookside Police Department following a traffic stop.” The "Charging Class" to be composed of "[a]ll persons who have been charged with offenses in Brookside Municipal Court following traffic stops by the Brookside Police Department since March 1, 2018." The "Vehicle Retention Sub-Class" of the "Towing Class" to be composed of “[a]ll persons who, since June 17, 2020, have paid fees to the Town of Brookside to secure the release of a vehicle towed on the orders of the Brookside Police Department following a traffic stop.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Town of Brookside, Alabama (Jefferson), City

Jett's Towing, Inc. (Jefferson), Private Entity/Person

Town of Brookside, Alabama (Jefferson), City