Case: Singleton v. Taylor

2:20-cv-00099 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 12, 2020, the Southern Poverty Law Center, ACLU, and National Law Center of Homelessness & Poverty filed suit against the City of Montgomery, the Sheriff of Montgomery County, and the Secretary of the Alabama Law Enforcement Agency in the United States District Court for the Middle District of Alabama. The case was assigned to Judge Andrew L. Brasher. The plaintiffs were three Montgomery residents experiencing homelessness, on behalf of themselves and a class of those similarly situ…

On February 12, 2020, the Southern Poverty Law Center, ACLU, and National Law Center of Homelessness & Poverty filed suit against the City of Montgomery, the Sheriff of Montgomery County, and the Secretary of the Alabama Law Enforcement Agency in the United States District Court for the Middle District of Alabama. The case was assigned to Judge Andrew L. Brasher. The plaintiffs were three Montgomery residents experiencing homelessness, on behalf of themselves and a class of those similarly situated. The plaintiffs alleged that the state's laws against panhandling violated their First Amendment freedom of speech right to solicit charity. The plaintiffs sought declaratory relief that the laws violated the First Amendment and and an order enjoining the defendants from enforcing the laws.

The following month, the case was reassigned to Judge William Keith Watkins and the defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim. 

On September 15, 2020, the plaintiffs and the City of Montgomery entered into a settlement agreement, with the City agreeing to stop enforcing the laws, effective immediately. Under the terms of the settlement, the mayor of Montgomery was to direct the police to cease enforcement of the panhandling ban and remit all fines, fees, and costs collected in connection with the laws. The city prosecutor was to dismiss all pending charges for violation of the panhandling laws. The City also agreed to pay the plaintiffs' attorneys $10,000 to be given to a charity to help the homeless, with the plaintiffs agreeing not to seek attorney’s fees. The plaintiffs agreed to notify the City of any violations of the terms of the settlement and allow the City ten days to correct them before seeking enforcement in the court. On November 24, 2020, Judge Watkins signed an order approving the agreement, dismissing the case against the City, and allowing the case to go forward against the other defendants. The court maintained jurisdiction to enforce the terms of the settlement agreement for three years.

Litigation between the remaining parties continued. On August 25, 2021, Judge Watkins denied the defendants' motion to dismiss. The defendants had argued that the court should abstain under Younger (federal courts should abstain from suits aimed at restraining pending state criminal prosecutions) while relevant proceedings were ongoing in state court. Judge Watkins, however, found abstention inappropriate for several reasons, most notably that the Supreme Court had ruled Younger abstention should not stand in the away of facial challenges to unconstitutional statutes. While the defendant argued a lack of subject-matter jurisdiction under Rooker-Feldman, which prevents the lower federal courts from exercising jurisdiction over cases brought by state court losers challenging state court judgments rendered before the district court proceedings commenced, Judge Watkins found that doctrine only applies to state court decisions, not state laws.

The defendants further argued that the plaintiffs lacked standing since the defendants claim they’d never enforced the laws, but Judge Watkins found mid-litigation declarations insufficient and found that the plaintiffs' allegations were enough to overcome the defendants’ assertions. Judge Watkins ruled Ex parte Young (a suit challenging the constitutionality of a state official’s action in enforcing state law is not one against the State) beat the defendant’s Eleventh Amendment immunity claim, as the defendants were state officials allegedly violating federal law and therefore not immune. Lastly, Judge Watkins found the plaintiffs had not failed to state a claim, but had plausibly alleged a violation of their First Amendment rights. 2021 WL 3862001.

The same day, Judge Watkins granted the plaintiffs' motion for preliminary injunction, enjoining the defendants from enforcing laws prohibiting individuals from soliciting money.  2021 WL 3780806.

On November 8, 2021, Judge Watkins certified a class of all individuals who would in the future (1) stand on a public street in the State of Alabama for the purpose of soliciting employment, business, or contributions from the occupant of a vehicle, or (2) loiter, remain, or wander in a public place in the State of Alabama for the purpose of begging. The court found the numerosity requirement was met, noting over 3,200 homeless residents of Alabama and hundreds of arrests under the laws. Judge Watkins agreed with the plaintiffs that the laws infringed on the First Amendment rights of all class members, meeting the commonality requirement. Defendant Sheriff Cunningham challenged adequate representation, but the plaintiffs asserted their understanding that they represented people across Alabama who panhandled. The defendants further argued that the laws were rarely enforced, but Judge Watkins found that a facial challenge to the laws was indivisible across the class. Judge Watkins agreed with the plaintiffs that a class action was appropriate in this case, as it provided stability, protected against mootness, and ensured the suit could continue if a named plaintiff were to go missing. 2021 WL 5227063.

On September 20, 2022, Judge Watkins approved a settlement between the plaintiffs and the Sheriff of Montgomery County. Although the settlement agreement has not yet been made public, according to plaintiffs' counsel, under the terms of the agreement the Sheriff’s Office could no longer arrest or ticket people in Montgomery County, Alabama under the laws that made it a crime to ask for help in public spaces.Pursuant to the settlement agreement, Judge Watkins dismissed the claims against the Sheriff with prejudice. The court specified that the settlement class for this settlement only would be restricted to individuals in Montgomery County, Alabama.

On October 5, 2022, the plaintiffs moved for summary judgment against the last remaining defendant, the Secretary of the Alabama Law Enforcement Agency. As of October 21, 2022, the case was ongoing.

Summary Authors

Zoe Van Dyke (10/21/2022)

Documents in the Clearinghouse

Document

2:20-cv-00099

Complaint for Declaratory and Injunctive Relief

Feb. 12, 2020

Feb. 12, 2020

Complaint

2:20-cv-00099

Stipulated Settlement Agreement

Aug. 11, 2020

Aug. 11, 2020

Settlement Agreement
64

2:20-cv-00099

Order

Nov. 5, 2020

Nov. 5, 2020

Order/Opinion
67

2:20-cv-00099

Order

Nov. 24, 2020

Nov. 24, 2020

Order/Opinion
78

2:20-cv-00099

Memorandum Opinion and Order

Aug. 25, 2021

Aug. 25, 2021

Order/Opinion
79

2:20-cv-00099

Order Granting Preliminary Injunction

Aug. 25, 2021

Aug. 25, 2021

Order/Opinion
84

2:20-cv-00099

Memorandum Opinion and Order

Nov. 8, 2021

Nov. 8, 2021

Order/Opinion
92

2:20-cv-00099

Joint Motion for Preliminary Approval of Proposed Class Settlement Between Plaintiffs and Defendant Derrick Cunningham Only

June 17, 2022

June 17, 2022

Pleading / Motion / Brief
94

2:20-cv-00099

Order Approving Joint Motion for Preliminary Approval of Proposed Class Settlement Between Plaintiffs and Defendant Derrick Cunningham Only

July 6, 2022

July 6, 2022

Order/Opinion
101

2:20-cv-00099

Joint Motion for Final Approval of Proposed Class Action Settlement Between Plaintiff and Defendant Derrick Cunningham Only

Sept. 7, 2022

Sept. 7, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16856987/singleton-v-taylor/

Last updated March 23, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
4

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against City of Montgomery, Alabama, Derrick Cunningham, Hal Taylor ( Filing fee $ 400.00 receipt number 4602056763.), filed by Ricky Vickery, Jonathan Singleton, Micki Holmes. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(dmn, ) (Entered: 02/18/2020)

1 Civil Cover Sheet

View on PACER

2 Filing Fee Receipt

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
5

MOTION for Preliminary Injunction by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Proposed Order)(dmn, ) (Entered: 02/18/2020)

1 Proposed Order

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
6

BRIEF/MEMORANDUM in Support of Plaintiffs' 5 MOTION for Preliminary Injunction filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Declaration of Clara Potter, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Declaration of Jonathan Singleton, # 16 Declaration of Ricky Vickery, # 17 Declaration of Micki Holmes, # 18 Declaration of Symone Jackson)(dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

RECAP
7

Corporate/Conflict Disclosure Statement by Jonathan Singleton. (dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
8

Corporate/Conflict Disclosure Statement by Micki Holmes. (dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
9

Corporate/Conflict Disclosure Statement by Ricky Vickery. (dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
10

Motion for Clara Joyce Potter to Appear Pro Hac Vice by Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
11

Summons Issued as to City of Montgomery, Alabama c/o Brenda Gale Blalock, Derrick Cunningham, Hal Taylor and returned to counsel for personal service. (dmn, ) (Entered: 02/18/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
12

Pro Hac Filing fee received for Clara Potter re 10 Motion: $ 75.00, receipt number 4602056786. (dmn, ) (Entered: 02/18/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
1

[DISREGARD THIS DOCKET ENTRY. WRONG EVENT CODE SELECTED WHEN ORIGINALLY FILED. SEE CORRECTED DOCKET ENTRY.] AFFIDAVIT of Service for Complaint served on Hal Taylor on 2/13/2020, filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) Modified on 2/19/2020 (dmn, ). (Entered: 02/17/2020)

Feb. 17, 2020

Feb. 17, 2020

PACER
2

[DISREGARD THIS DOCKET ENTRY. WRONG EVENT CODE SELECTED WHEN ORIGINALLY FILED. SEE CORRECTED DOCKET ENTRY.] AFFIDAVIT of Service for Complaint served on Derrick Cunningham on 2/13/2020, filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) Modified on 2/19/2020 (dmn, ). (Entered: 02/17/2020)

Feb. 17, 2020

Feb. 17, 2020

PACER
3

[DISREGARD THIS DOCKET ENTRY. WRONG EVENT CODE SELECTED WHEN ORIGINALLY FILED. SEE CORRECTED DOCKET ENTRY.] AFFIDAVIT of Service for Complaint served on City of Montgomery, Alabama on 2/13/2020, filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) Modified on 2/19/2020 (dmn, ). (Entered: 02/17/2020)

Feb. 17, 2020

Feb. 17, 2020

PACER

SUMMONS Returned Executed by Ricky Vickery, Jonathan Singleton, Micki Holmes. Derrick Cunningham served on 2/13/2020, answer due 3/5/2020. (dmn, ) (NO PDF, see Doc. 2 for pdf. Wrong event code selected when originally filed.)

Feb. 17, 2020

Feb. 17, 2020

PACER

SUMMONS Returned Executed by Ricky Vickery, Jonathan Singleton, Micki Holmes. City of Montgomery, Alabama served on 2/13/2020, answer due 3/5/2020. (dmn, ) NO PDF, see Doc. 3 for pdf. Wrong event code selected when originally filed.)

Feb. 17, 2020

Feb. 17, 2020

PACER

Summons Returned Executed

Feb. 17, 2020

Feb. 17, 2020

PACER

SUMMONS Returned Executed by Ricky Vickery, Jonathan Singleton, Micki Holmes. Hal Taylor served on 2/13/2020, answer due 3/5/2020. (dmn, ) (NO PDF, see Doc. 1 for pdf. Wrong event code selected when originally filed.)

Feb. 17, 2020

Feb. 17, 2020

PACER
13

NOTICE OF FILING additional Exhibits N and O to Declaration of Clara Potter (filed as Attachment 1 to Plaintiffs' 6 Brief/Memorandum in Support of 5 Motion for Preliminary Injunction; exhibits inadvertently omitted from Plaintiffs' original filing)), by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Exhibit N, # 2 Exhibit O)(West, Micah) Modified on 2/26/2020 to create link and include additional text. (dmn, ) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
16

Motion for Tristia Moana Baumanto Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602056885.) by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Exhibit A, Certificate of Good Standing, # 2 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 02/27/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
14

NOTICE of Appearance by Constance Caldwell Walker on behalf of Derrick Cunningham (Walker, Constance) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
15

Corporate/Conflict Disclosure Statement by Derrick Cunningham. (Walker, Constance) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER

***PURSUANT TO THE 14 NOTICE - Attorney Thomas T. Gallion, III for Derrick Cunningham added. (No PDF attached to this entry) (amf, )

Feb. 25, 2020

Feb. 25, 2020

PACER

Add and Terminate Attorneys

Feb. 25, 2020

Feb. 25, 2020

PACER
17

Case reassigned to Honorable Judge William Keith Watkins. Honorable Judge Andrew L. Brasher no longer assigned to the case as presiding judge. (dmn, ) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
18

Unopposed MOTION for One Week Extension Within Which to File a Responsive Pleading as to 4 Complaint by City of Montgomery, Alabama. (Segall, Robert) Modified on 3/4/2020 to clarify the docket text (amf, ). (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
19

TEXT ORDER granting 18 Motion for One Week Extension Within Which to File a Responsive Pleading; Answer due from City of Montgomery, Alabama on 3/12/2020. Signed by Honorable Judge William Keith Watkins on 3/4/2020. (No PDF attached to this entry) (amf, ) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
20

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to City of Montgomery, Alabama; Corporate Disclosures due by 3/16/2020. (Attachments: # 1 Corporate/Conflict Disclosure Attachment)(amf, ) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
21

Corporate/Conflict Disclosure Statement by City of Montgomery, Alabama re 20 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Segall, Robert) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER

***PURSUANT TO THE 18 MOTION - Attorneys Shannon Lynn Holliday & Wallace Damon Mills for City of Montgomery, Alabama added. (No PDF attached to this entry) (amf, )

March 4, 2020

March 4, 2020

PACER

Order on Motion for Extension of Time to Answer

March 4, 2020

March 4, 2020

PACER

Add and Terminate Attorneys

March 4, 2020

March 4, 2020

PACER
22

MOTION to Dismiss for Lack of Jurisdiction by Hal Taylor. (Attachments: # 1 Exhibit Municipal court records for Plaintiff Singleton, # 2 Exhibit Municipal court records for Plaintiff Vickery, # 3 Exhibit Municipal court records for Plaintiff Holmes)(Weber, Jeremy) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
23

BRIEF/MEMORANDUM in Support re 22 MOTION to Dismiss for Lack of Jurisdiction (and in opposition to Motion for Preliminary Injunction) filed by Hal Taylor. (Weber, Jeremy) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
24

Corporate/Conflict Disclosure Statement by Hal Taylor. (Weber, Jeremy) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
25

MOTION to Dismiss for Lack of Jurisdiction by Derrick Cunningham. (Walker, Constance) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
26

BRIEF/MEMORANDUM in Support re 25 MOTION to Dismiss for Lack of Jurisdiction filed by Derrick Cunningham. (Walker, Constance) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER

***Attorney James William Davis added for Hal Taylor. (dmn, ) (no pdf, see Doc. 22 )

March 5, 2020

March 5, 2020

PACER

Add and Terminate Attorneys

March 5, 2020

March 5, 2020

PACER
27

TEXT ORDER granting 10 Motion for Clara Joyce Potter to Pro Hac Vice & 16 Motion for Tristia Bauman to Appear Pro Hac Vice. Signed by Honorable Judge William Keith Watkins on 3/6/2020. (No PDF attached to this entry) (amf, ) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 6, 2020

March 6, 2020

PACER
28

MOTION to Dismiss for Failure to State a Claim and, MOTION to Dismiss for Lack of Subject-Matter Jurisdiction by City of Montgomery, Alabama. (Attachments: # 1 Exhibit A (RESTRICTED PRIVACY ISSUE), # 2 Exhibit B (RESTRICTED PRIVACY ISSUE))(Mills, Wallace) Modified on 3/13/2020 to redact personal information contained in original filings pursuant to the E-Government Act rule: # 3 Exhibit A (Redacted), # 4 Exhibit B (Redacted)) (dmn, ). Modified on 3/13/2020 (dmn, ). (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
29

BRIEFING ORDER: Upon consideration of Defendants' Motions to Dismiss (Docs. 22, 25, 28 ), it is ORDERED that the motions be submitted without oral argument on 4/10/2020. It is further ORDERED that the Plaintiffs file a response, which shall include a brief, on or before 4/3/2020. Each Defendant may file a reply brief on or before 4/10/2020. FRCP 6(a), but not FRCP 6(d), applies in computing the time periods above. The motion shall be under submission on the due date of they reply brief. Order setting out briefing schedule for dispositive motions as further set out in the order. Signed by Honorable Judge William Keith Watkins on 3/13/2020. (dmn, ) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
30

JOINT MOTION to Stay Proceedings Against Defendants Sheriff Cunningham and City of Montgomery Only by Micki Holmes, Jonathan Singleton, Ricky Vickery, Derrick Cunningham, City of Montgomery, Alabama. (West, Micah) Modified on 3/27/2020 to reflect Joint and include additional filers. (dmn, ) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
31

Unopposed MOTION to Extend Deadline to Respond to Defendant Hal Taylor's 22 Motion to Dismiss and to Set Reply Deadline on Plaintiffs' 5 Preliminary Injunction Motion to April 17, 2020, by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) Modified on 3/31/2020 to clean up text, create links. (dmn, ) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
32

TEXT ORDER granting 31 Unopposed Motion to Extend Deadline to Respond. It is ORDERED that Plaintiffs' deadline to respond to Defendant Hal Taylor's 22 Motion to Dismiss is extended to and including 4/17/2020. It is further ORDERED that Plaintiffs' may submit a reply brief in support of their 5 Motion for Preliminary Injunction on or before 4/17/2020. Signed by Honorable Judge William Keith Watkins on 3/31/2020.(dmn, ) (no pdf) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Order

March 31, 2020

March 31, 2020

PACER

~Util - Terminate Motions

March 31, 2020

March 31, 2020

PACER

~Util - Set Deadlines

March 31, 2020

March 31, 2020

PACER
33

TEXT ORDER granting 30 Joint Motion to Stay Proceedings Against Defendants Cunningham and City of Montgomery Only. It is ORDERED that all scheduling and discovery deadlines involving the Sheriff and the City Defendants are stayed until 6/1/2020. It is further ordered that 1) Plaintiffs' deadline to respond to the Sheriff's (Doc. 25 ) and the City's (Doc. 28 ) motions to dismiss is extended to and including 6/5/2020, 2) the City and the Sheriff Defendants may each file a reply to Plaintiffs' response to their respective motions to dismiss on or before 6/12/2020, 3) Plaintiffs, the Sheriff, and the City shall file a joint status update regarding their views on how the case should proceed on or before 6/1/2020. The court will enter a scheduling order regarding Plaintiff's motion for a preliminary injunction after the ordered status report is received. Signed by Honorable Judge William Keith Watkins on 4/1/2020. (dmn, ) (no pdf) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER

~Util - Terminate Motions

April 1, 2020

April 1, 2020

PACER

~Util - Set Deadlines

April 1, 2020

April 1, 2020

PACER

Order

April 1, 2020

April 1, 2020

PACER
34

TEXT ORDER: To clarify the court's order entered on 3/31/2020 (Doc. 32 ), it is ORDERED that Defendant Hal Taylor may file a reply brief in support of Defendant's motion to dismiss (Doc. 22 ) on or before 4/24/2020. Signed by Honorable Judge William Keith Watkins on 4/2/2020.(dmn, ) (no pdf) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

~Util - Set Deadlines

April 2, 2020

April 2, 2020

PACER

Order

April 2, 2020

April 2, 2020

PACER
35

CONSOLIDATED RESPONSE to Defendant Taylor's 22 Motion to Dismiss and REPLY in Support of Plaintiff's 5 Motion for Preliminary Injunction filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Affidavit of Ellen Degnan)(Potter, Clara) Modified on 4/20/2020 to clean up text and create link. (dmn, ) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Reply Brief

April 17, 2020

April 17, 2020

PACER

REPLY in Support of Plaintiffs' 5 Motion for Preliminary Injunction filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (no pdf, see Doc. 35 for pdf)

April 17, 2020

April 17, 2020

PACER
36

REPLY in Support of 22 Motion to Dismiss and Opposition to 5 Motion for Preliminary Injunction filed by Hal Taylor. (Weber, Jeremy) Modified on 4/23/2020 to create links. (dmn, ) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

BRIEF/MEMORANDUM in Opposition

April 23, 2020

April 23, 2020

PACER

OPPOSITION to 5 MOTION for Preliminary Injunction filed by Hal Taylor. (dmn, ) (no pdf, see Doc. 36 )

April 23, 2020

April 23, 2020

PACER
37

MOTION for Leave to File Surreply in Opposition to Defendant 22 Taylor's Motion to Dismiss by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Proposed Surreply in Opposition to Defendant Taylor's Motion to Dismiss)(Degnan, Ellen) Modified on 5/11/2020 to include actual title and create links. (dmn, ) (entitled "Notice of Objection and Motion") (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
38

Joint STATUS REPORT and MOTION to Continue Stay of Proceeding against Defendant Sheriff Cunningham and City of Montgomery Only by Micki Holmes, Jonathan Singleton, Ricky Vickery, City of Montgomery, Alabama, Derrick Cunningham. (Attachments: # 1 Exhibit Proposed Order)(Degnan, Ellen) Modified on 6/1/2020 to include additional filers. (dmn, ) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
39

TEXT ORDER granting 38 Joint Motion to Continue to Stay of Proceedings. It is ORDERED that all scheduling and discovery deadlines involving the Sheriff and the City Defendants are stayed until 7/16/2020. It is further ordered that 1) Plaintiffs' deadline to respond to the Sheriff's (Doc. 25 ) and the City's (Doc. 28 ) motions to dismiss is extended to and including 7/23/2020, 2) the City and the Sheriff Defendants may each file a reply to Plaintiffs' response to their respective motions to dismiss on or before 7/30/2020, 3) Plaintiffs, the Sheriff, and the City shall file a joint status update regarding their views on how the case should proceed on or before 7/16/2020. The court will enter a scheduling order regarding Plaintiff's motion for a preliminary injunction after the ordered status report is received Signed by Honorable Judge William Keith Watkins on 6/2/2020. (dmn, ) (no pdf) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER

~Util - Set Deadlines AND Order AND ~Util - Terminate Motions

June 2, 2020

June 2, 2020

PACER

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

June 2, 2020

June 2, 2020

PACER
40

MOTION for Sara Zampierin Withdraw as Counsel by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Text of Proposed Order)(Zampierin, Sara) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
41

TEXT ORDER granting 40 Motion for Sarah Zampierin to Withdraw as Counsel. Signed by Honorable Judge William Keith Watkins on 7/1/2020. (No PDF attached to this entry) (amf, ) Modified on 7/1/2020 to reflect the proper signing Judge as Judge Watkins & not Judge Adams (amf, ). (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Add and Terminate Attorneys

July 1, 2020

July 1, 2020

PACER

***PURSUANT TO THE COURT'S TEXT ORDER (DOC. 41) - Attorney Sara Michelle Zampierin terminated. (No PDF attached to this entry) (amf, )

July 1, 2020

July 1, 2020

PACER

Order on Motion to Withdraw as Attorney

July 1, 2020

July 1, 2020

PACER
42

JOINT STATUS REPORT and JOINT MOTION to Continue Stay of Proceedings Against City of Montgomery Only, by Micki Holmes, Jonathan Singleton, Ricky Vickery, Derrick Cunningham, City of Montgomery, Alabama. (West, Micah) Modified on 7/21/2020 to clean up text and include additional filers. (dmn, ) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER

Motion to Continue

July 16, 2020

July 16, 2020

PACER

JOINT MOTION to Continue Stay of Proceedings against the City of Montgomery, Alabama, by City of Montgomery, Alabama, Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (no pdf, see Doc. 42 for pdf)

July 16, 2020

July 16, 2020

PACER
43

AMENDED BRIEFING ORDER: Upon consideration of Plaintiffs', Defendant Sheriff Cunningham's and Defendant City of Montgomery's joint status report and of Plaintiffs' and the City of Montgomery's joint motion to continue stay of proceedings against the City of Montgomery (Doc. 42 ), it is ORDERED: 1) That the motion (Doc. 42 ) is GRANTED. 2) That the stay of proceedings between Plaintiffs and Defendant City of Montgomery is EXTENDED to and including 8/17/2020; 3) That Plaintiffs and the City shall file a joint status update regarding their views on how the case should proceed on or before 8/17/2020; and 4) That the stay of proceedings between Plaintiffs and Defendant Sheriff Cunningham is LIFTED. consequently, an amended briefing order is also necessary. Upon consideration of Defendant Sheriff Derrick Cunningham's Motion to Dismiss (Doc. 25 ) filed on March 5, 2020, it is ORDERED that Plaintiffs shall file a response, which shall include a brief, on or before 8/11/2020. Defendant Cunningham may file a reply in support of his motion on or before 8/18/2020. Defendant Cunningham shall file a separate response to Plaintiffs' motion for a preliminary injunction (Doc. 5 ) on or before 8/18/2020. Plaintiffs may file a reply in support of their motion on or before 8/25/2020. FRCP 6(a), but not FRCP 6(d), applies in computing the time periods above. The motions shall be taken under submission on the due date of their respective briefs. Briefing deadlines on dispositive motions as further set out in the order. Signed by Honorable Judge William Keith Watkins on 7/21/2020. (dmn, ) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP

Continue

July 21, 2020

July 21, 2020

PACER
44

RESPONSE in Opposition re 25 MOTION to Dismiss for Lack of Jurisdiction filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Exhibit 1, Affidavit of Clara Potter with Exhibit A (RESTRICTED PRIVACY ISSUE))(West, Micah) Modified on 8/13/2020 to reflect Exhibit 1 contains Exhibit A that requires redactions. (dmn, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP
45

MOTION to Withdraw Wallace D. Mills by City of Montgomery, Alabama. (Mills, Wallace) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
46

TEXT ORDER granting 45 Motion to Withdraw Wallace D. Mills. Signed by Honorable Judge William Keith Watkins on 8/14/2020. (dmn, ) (no pdf) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

Order on Motion to Withdraw

Aug. 14, 2020

Aug. 14, 2020

PACER

*** Attorney Wallace Damon Mills terminated pursuant to 46 Text Order. (dmn, )

Aug. 14, 2020

Aug. 14, 2020

PACER
47

JOINT STATUS REPORT and JOINT MOTION to Continue Stay of Proceedings against City of Montgomery Only by Micki Holmes, Jonathan Singleton, Ricky Vickery, City of Montgomery, Alabama. (West, Micah) Modified on 8/19/2020 to reflect proper motion event type, title, clean up text, and include City of Montgomery, AL as additional filer. (dmn, ) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

JOINT STATUS REPORT by City of Montgomery, Alabama, Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (no pdf, see Doc. 47 )

Aug. 17, 2020

Aug. 17, 2020

PACER
48

REPLY BRIEF in Support of 25 MOTION to Dismiss for Lack of Jurisdiction filed by Derrick Cunningham. (Attachments: # 1 Supplemental Affidavit of Derrick Cunningham (with Exhibit 1 and 2), # 2 Affidavit Kevin J. Murphy)(Walker, Constance) Modified on 8/19/2020 to reflect actual title. (dmn, ) Modified on 8/19/2020 to reflect Exhibit 1 and 2 included as part of pdf of Attachment 1. (dmn, ) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
49

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction filed by Derrick Cunningham. (Walker, Constance) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
50

ORDER ON MOTION TO STAY AND BRIEFING ORDER ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: It is ORDERED: (1) That the motion (Doc. 47 ) is GRANTED. 2) That the stay of proceedings between Plaintiffs and Defendant City of Montgomery is EXTENDED to and including 9/16/2020; 3) That Plaintiffs and the City shall file a joint status update regarding their views on how the case should proceed on or before 9/16/2020. Because it appears that Plaintiffs and the City are likely to resolve their dispute, it is now appropriate to order the remaining parties to brief the issue of whether Plaintiffs' proposed class (see Doc. 4 ), at 9-12) should be certified. Plaintiffs' Complaint (Doc. 4 ) requests class certification; however. Plaintiffs have not filed a formal motion or brief in support, nor asked the court to enter a briefing schedule. Therefore, it is ORDERED that Plaintiffs shall file a motion for class certification and a supporting brief on or before 9/14/2020. It is further ordered that Defendant Cunningham and Defendant Taylor shall file, either separately or in conjunction with one another at Defendants' election, a response on or before 10/5/2020. Plaintiffs may file a reply on or before 10/12/2020. The motion shall be under submission on the due date of its reply brief. Signed by Honorable Judge William Keith Watkins on 8/24/2020. (dmn, ) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
51

REPLY in Support of Plaintiff's 5 MOTION for Preliminary Injunction, filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) Modified on 8/27/2020 to reflect actual title and clean up text. (dmn, ) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
52

NOTICE OF OBJECTION re 48 Reply Brief, or, in the alternative MOTION for Leave to File a Sur-reply in Opposition to Defendant Cunningham's 25 Motion to Dismiss by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Proposed Sur-reply)(West, Micah) Modified on 8/27/2020 to reflect actual title, create links, and clean up text. (dmn, ) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

NOTICE OF OBJECTION re Defendant Cunningham's 48 Reply Brief in Support of 25 Motion to Dismiss, filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (no pdf, see Doc. 52 for pdf)

Aug. 25, 2020

Aug. 25, 2020

PACER
53

RESPONSE to Plaintiffs' 52 Notice of Objection and Motion for Leave to File a Sur-Reply in Opposition to Defendant Cunningham's 25 Motion to Dismiss, filed by Derrick Cunningham. (Walker, Constance) Modified on 8/27/2020 to reflect actual title, create link, and clean up text. (dmn, ) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
54

MOTION to Certify Class by Micki Holmes, Jonathan Singleton, Ricky Vickery. (West, Micah) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
55

BRIEF/MEMORANDUM in Support re 54 MOTION to Certify Class filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Declaration of Clara Potter, # 2 Exhibit A, # 3 Supplemental Declaration of Ricky Vickery, # 4 Supplemental Declaration of Jonathan Singleton)(West, Micah) Modified on 9/15/2020 to include exhibit descriptions. (dmn, ) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
56

JOINT MOTION to Approve Stipulated Settlement Agreement, Retain Jurisdiction to Enforce the Agreement, and Dismiss Plaintiff's Claims Against Defendant City of Montgomery Only pursuant to Rule 41(a)(1)(A)(ii) by Micki Holmes, Jonathan Singleton, Ricky Vickery, City of Montgomery, Alabama. (Attachments: # 1 Exhibit Settlement Agreement)(West, Micah) Modified on 9/17/2020 to clean up text and include additional filers. (dmn, ) (Entered: 09/16/2020)

1 Exhibit Settlement Agreement

View on PACER

Sept. 16, 2020

Sept. 16, 2020

PACER

MOTION to Retain Jurisdiction to Enforce the Agreement, MOTION to Dismiss Plaintiffs' Claims against Defendant City of Montgomery ONLY pursuant to Rule 41(a)(1)(A)(ii), by City of Montgomery, Alabama, Micki Holmes, Jonathan Singleton, Ricky Vickery. (dmn, ) (no pdf, see Doc. 56 for pdf)

Sept. 16, 2020

Sept. 16, 2020

PACER

Dismiss/Lack of Jurisdiction AND Miscellaneous Relief

Sept. 17, 2020

Sept. 17, 2020

PACER
57

OPPOSITION to Plaintiffs' 54 MOTION for Class Certification filed by Hal Taylor. (Weber, Jeremy) Modified on 10/8/2020 to reflect actual title. (dmn, ) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
58

MEMORANDUM BRIEF in Opposition to Plaintiff's 54 MOTION for Class Certification filed by Derrick Cunningham. (Attachments: # 1 Second Supplemental Affidavit of Sheriff Derrick Cunningham, # 2 Second Supplemental Affidavit of Sheriff Derrick Cunningham (appears to be duplicate pdf of Attachment 1)(Walker, Constance) Modified on 10/8/2020 to reflect Attachment 2 appears to be duplicate pdf of Attachment 1, Affidavit of Sheriff Derrick Cunningham, not Jessie D. Oliver as originally filed. (dmn, ) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
59

AFFIDAVIT of Sergeant Jessie D. Oliver in Opposition to 54 Motion for Class Certification and re 58 Memorandum Brief (replaces incorrect pdf filed as Attachment 2) filed by Derrick Cunningham. (Walker, Constance) Modified on 10/8/2020 to create link and include additional text. (dmn, ) (Additional attachment(s) added on 10/8/2020: # 1 Signature Page and Certificate of Service) (dmn, ). (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
60

CORRECTED MEMORANDUM BRIEF in Opposition to Plaintiff's 54 Motion for Class Certification filed by Derrick Cunningham (correcting Table of Contents and Affidavit filed as part of Doc. 58 and re 59 ). (Attachments: # 1 Second Supplemental Affidavit of Sheriff Derrick Cunningham, # 2 Affidavit of Sergeant Jessie D. Oliver)(Walker, Constance) Modified on 10/8/2020 to create links, clean up text, and reflect title of exhibits. (dmn, ) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
61

CONSOLIDATED REPLY in Support of Plaintiffs' 54 MOTION for Class Certification filed by Micki Holmes, Jonathan Singleton, Ricky Vickery. (Attachments: # 1 Exhibit A, Second Supplemental Declaration of Ricky Vickery, # 2 Exhibit B, Second Supplemental Declaration of Jonathan Singleton, # 3 Exhibit C, Supplemental Declaration of Micki Holmes)(West, Micah) Modified on 10/13/2020 to reflect actual title and exhibit descriptions. (dmn, ) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER
62

MOTION for Jeremy S. Weber to Withdraw as Counsel by Hal Taylor. (Weber, Jeremy) Modified on 10/19/2020 to include attorney name requesting withdrawal. (dmn, ) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who will in the future (1) stand on a public street in the State of Alabama for the purpose of soliciting employment, business, or contributions from the occupant of a vehicle, or (2) loiter, remain, or wander in a public place in the State of Alabama for the purpose of begging.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Montgomery (Montgomery, Montgomery), City

Sheriff of Montgomery County (Montgomery, Montgomery), County

Alabama Law Enforcement Agency (Montgomery, Montgomery), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness