Case: Carr v. District of Columbia

1:06-cv-00098 | U.S. District Court for the District of Columbia

Filed Date: Jan. 19, 2006

Closed Date: Oct. 27, 2011

Clearinghouse coding complete

Case Summary

On January 19, 2006, the named plaintiffs filed this suit on behalf of themselves and similarly situated individuals in the U.S. District Court for the District of Columbia. The plaintiffs alleged that the District of Columbia’s (“the District”) Metropolitan Police Department (“MPD”) falsely arrested and imprisoned persons who had been participating in or observing a demonstration in Washington, D.C., in response to the second inauguration of President George W. Bush. The MPD arrested the plain…

On January 19, 2006, the named plaintiffs filed this suit on behalf of themselves and similarly situated individuals in the U.S. District Court for the District of Columbia. The plaintiffs alleged that the District of Columbia’s (“the District”) Metropolitan Police Department (“MPD”) falsely arrested and imprisoned persons who had been participating in or observing a demonstration in Washington, D.C., in response to the second inauguration of President George W. Bush. The MPD arrested the plaintiffs for “parading without a permit,” a pedestrian traffic infraction that subjected violators to a civil fine but not a custodial arrest. Pursuant to 42 U.S.C. § 1983, the plaintiffs also alleged that the District violated their First and Fourth Amendment rights. Represented by the ACLU of the National Capital Area, National Lawyers Guild, and private counsel, the plaintiffs sought class certification, declaratory relief, compensatory damages, expungement of all arrest records, reimbursement of criminal fines and forfeited collateral, and attorneys’ fees and costs. Two named plaintiffs sought additional damages for specific injuries they sustained. This case was assigned to Judge Ellen S. Huvelle and Magistrate Judge Alan Kay.

On March 6, 2006, the District filed a motion to dismiss. The court denied the motion on July 26, 2006, reasoning that the statute did not clearly define parading without a permit as a civil or criminal offense. On October 11 of that year, the court also granted class certification in a short order.

Following a series of administrative motions and orders, on January 25, 2008, the plaintiffs filed a motion for partial summary judgment on the issue of liability only.  The following month, the District filed a cross-motion for partial summary judgment on the same issue. On June 17, 2008, the district court granted the plaintiffs’ motion and denied the defendants’ cross-motion. The court reasoned that the MPD lacked particularized suspicion that the plaintiffs were rioting and further did not have probable cause that would justify arresting any of the plaintiffs on the basis of rioting. Finally, the district court held that, absent fair notice and an opportunity to comply, the plaintiffs could not have been arrested for parading without a permit. The court additionally found that one of the two named plaintiffs with specific injuries was entitled to summary judgment on her assault and battery claim with respect to liability. The court amended this order on July 15 but only with minor revisions.

Following this, the plaintiffs moved on June 26, 2008, for a permanent injunction requiring their arrest records to be expunged. Four days later, the court granted their motion.

The District appealed the district court’s ruling on partial summary judgment. On November 20, 2009, the U.S. Court of Appeals for the D.C. Circuit affirmed the district court with respect to rejecting the District’s argument that parading without a permit alone was sufficient for an officer to conclude there was probable cause to arrest absent fair notice and opportunity to comply. However, the appellate court remanded on the question of whether probable cause existed to arrest the plaintiffs for rioting.

The parties geared up for a trial, which was scheduled to begin February 1, 2011. However, as that date neared, the parties reached a tentative settlement agreement in discussions with Magistrate Judge Kay, which the district court preliminarily approved on March 24, 2011.

The court granted final approval of the class action settlement agreement on August 1, 2011. Pursuant to the settlement, the District paid $250,000 to settle all money claims in the lawsuit, including attorneys’ fees and costs. The parties agreed to a statement in which the plaintiffs acknowledged that the MPD were justified in taking the actions they did, but the District acknowledged that it could not link any individual plaintiff to any specific acts of destruction or similar illegal acts. The District also agreed to expunge all records in its possession pertaining to the arrests or subsequent detention or charge of the plaintiffs, and to make efforts to obtain expungement of any federal records pertaining to the plaintiffs’ arrests. The arrests were subsequently declared null and void.

On October 27, 2011, this case was voluntarily dismissed with prejudice. This case is now closed.

Summary Authors

Saba Khan (12/1/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4767114/parties/carr-v-district-of-columbia/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:06-cv-00098

Complaint

Carr v. District of Colombia

Jan. 19, 2006

Jan. 19, 2006

Complaint
18

1:06-cv-00098

Memorandum Opinion and Order

Carr v. District of Colombia

July 26, 2006

July 26, 2006

Order/Opinion

2006 WL 2006

63

1:06-cv-00098

Memorandum Opinion

June 17, 2008

June 17, 2008

Order/Opinion
69

1:06-cv-00098

Amended Memorandum Opinion

July 15, 2008

July 15, 2008

Order/Opinion
200

1:06-cv-00098

Final Order and Judgment

Carr v. District of Colombia

Aug. 1, 2011

Aug. 1, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4767114/carr-v-district-of-columbia/

Last updated March 8, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DISTRICT OF COLUMBIA (Filing fee $ 250) filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK.(jf, ) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

Clearinghouse

Summons (2) Issued as to DISTRICT OF COLUMBIA. (jf, )

Jan. 19, 2006

Jan. 19, 2006

PACER
2

NOTICE OF RELATED CASE by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. Case related to: Case No. 06-97. (jf, ) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 1/25/2006, answer due 2/14/2006 (Spitzer, Arthur) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
4

Consent MOTION for Extension of Time to Respond to the Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER

MINUTE ORDER granting 4 Motion for Extension of Time to Answer Complaint. Answer due on or before 3/6/06. Signed by Judge Ellen S. Huvelle on 2/6/06. (BL, )

Feb. 6, 2006

Feb. 6, 2006

PACER

Set/Reset Deadlines: Answer due by 3/6/2006. (gdf)

Feb. 6, 2006

Feb. 6, 2006

PACER
5

MOTION to Dismiss Unreasonable Seizure/False Arrest Claims, MOTION to Stay Response to Remaining Claims by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

PACER
6

RESPONSE to Defendant's Motion to Stay 5 filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Schember, Daniel) . (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER
7

Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims MOTION to Stay Response to Remaining Claims by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER

**ENTERED IN ERROR** MINUTE ORDER granting 7 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims MOTION to Stay Response to Remaining Claims. Response due by 5/4/2006. Signed by Judge Ellen S. Huvelle on 3/16/06. (BL) Modified on 3/16/2006 (BL, ).

March 16, 2006

March 16, 2006

PACER

MINUTE ORDER granting 7 Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims. Response due 5/4/06. The MOTION to Stay Response to Remaining Claims is GRANTED as unopposed. Signed by Judge Ellen S. Huvelle on 3/16/06. (BL)

March 16, 2006

March 16, 2006

PACER

Set/Reset Deadlines: Responses due by 5/4/2006 (gdf)

March 16, 2006

March 16, 2006

PACER
8

Consent MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support Thereof by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER

MINUTE ORDER granting 8 Motion for Extension of Time to File Motion for Class Certification. Plaintiffs may file their Motion for Class Certification within 20 days after the Court's decision on Defendant's Motion to Dismiss. Signed by Judge Ellen S. Huvelle on 4/18/2006. (lcesh2)

April 18, 2006

April 18, 2006

PACER
9

Consent MOTION for Extension of Time to File Opposition to Motion to Dismiss and Memorandum of Points and Authorities in Support Thereof by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER

MINUTE ORDER granting 9 Consent Motion for Extension of Time. Plaintiffs shall file their opposition to defendant District of Columbia?s Motion to Dismiss by May 10, 2006. Signed by Judge Ellen S. Huvelle on 5/4/2006. (lcesh2)

May 4, 2006

May 4, 2006

PACER

Set/Reset Deadlines: Responses due by 5/10/2006 (gdf)

May 4, 2006

May 4, 2006

PACER
10

NOTICE of Filing of Order in Barham v. Ramsey Denying Preliminary Injunction Motion as Moot by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Barham Order Denying PI Motion as Moot)(Schember, Daniel) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
11

NOTICE of Filing of District of Columbia's Opposition in Barham v. Ramsey to Motion for Preliminary Injunction by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 DC Opposition in Barham v. Ramsey to PI Motion)(Schember, Daniel) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
12

Memorandum in opposition to re 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims MOTION to Stay Response to Remaining Claims filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Schember, Daniel) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
13

NOTICE of Filing of Plaintiffs' Proposed Order Denying Defendant's Motion to Dismiss by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
14

Memorandum in opposition to re 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims MOTION to Stay Response to Remaining Claims filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Order in Barham v. Ramsey Denying, as Moot, Motion for Preliminary Injunction# 2 Defendant's Memorandum Opposing Motion for Preliminary Injunction in Barham v. Ramsey# 3 Text of Proposed Order)(Schember, Daniel) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
15

Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER

MINUTE ORDER granting 15 Consent Motion for Extension of Time to File Response/Reply. Defendant's reply shall be filed on or before June 16,2006. Signed by Judge Ellen S. Huvelle on 5/15/2006. (lcesh2)

May 15, 2006

May 15, 2006

PACER
16

Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER

MINUTE ORDER granting in part 16 Motion for Extension of Time to File Response/Reply. Defendant shall have until July 7, 2006 to reply. Signed by Judge Ellen S. Huvelle on 6/12/2006. (lcesh2)

June 12, 2006

June 12, 2006

PACER

Set/Reset Deadlines: Replies due by 7/7/2006. (gdf)

June 12, 2006

June 12, 2006

PACER
17

REPLY to opposition to motion re 5 MOTION to Dismiss Unreasonable Seizure/False Arrest Claims MOTION to Stay Response to Remaining Claims filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit Lanier Declaration# 2 Exhibit Barham PI transcript)(Saindon, Andrew) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

PACER
18

MEMORANDUM OPINION AND ORDER denying defendant's Motion to Dismiss 5 and setting an Initial Scheduling Conference for August 17, 2006 at 10:30 a.m. Signed by Judge Ellen S. Huvelle on 7/26/2006. (lcesh2) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

Clearinghouse

Set/Reset Hearings: Initial Scheduling Conference set for 8/17/2006 10:30 AM in Courtroom 18 before Judge Ellen S. Huvelle. (gdf)

July 26, 2006

July 26, 2006

PACER
19

ORDER setting Initial Scheduling Conference for August 17, 2006 at 10:30 a.m. Signed by Judge Ellen S. Huvelle on 7/26/2006. (lcesh2) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

PACER

Set/Reset Hearings: Initial Schedulilng conference set for 8/17/2006 10:30 AM in Courtroom 18 before Judge Ellen S. Huvelle. (gdf)

July 27, 2006

July 27, 2006

PACER
20

Joint MOTION to Postpone Scheduling Conference and Alter Other Deadlines by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
21

ORDER granting 20 Joint Motion to Postpone Scheduling Conference and Alter Other Deadlines. The District's response to the Complaint is due on or beforeAugust 31, 2006; the Joint Report required by LCvR 16.3(d) is due on orbefore September 8, 2006; the Scheduling Conference currently set for August 17, 2006 is vacated and reset for September 19, 2006 at 10:15 a.m.; and plaintiffs' Motion for Class Certification is due on or before September 28, 2006. Signed by Judge Ellen S. Huvelle on 8/2/2006. (lcesh2) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER

Set Deadlines/Hearings: Answer due by 8/31/2006. Motion for Class Certification due by 9/28/2006. Initial Scheduling Conference reset for 9/19/2006 10:15 AM in Courtroom 18 before Judge Ellen S. Huvelle. (gdf)

Aug. 2, 2006

Aug. 2, 2006

PACER
22

ANSWER to Complaint with Jury Demand by DISTRICT OF COLUMBIA. Related document: 1 Complaint filed by SARAH CARR,, ALLYSON KIRK,, CHELSEA KIRK,, JONATHAN SCOLNIK,, MATTHEW SINGER,.(Efros, Ellen) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

PACER
23

STATUS REPORT Joint Report of the Parties Under Local Civil Rule 16.3(d) by JONATHAN SCOLNIK, MATTHEW SINGER, DISTRICT OF COLUMBIA, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order (Defendant's)# 2 Text of Proposed Order (Plaintiffs'))(Schember, Daniel) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle : Meet and Confer Hearing held on 9/19/2006. Status Conference set for 10/11/2006 at 10:00 AM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter: Lisa Griffith (gdf)

Sept. 19, 2006

Sept. 19, 2006

PACER

MINUTE ORDER. The parties are hereby ordered to endeavor to reach an agreed-upon class certification order by October 4, 2006. In the event that they cannot agree, plaintiffs shall file a class certification motion by October 4, 2006. The parties shall file a joint discovery plan by October 10, 2006. Signed by Judge Ellen S. Huvelle on September 19, 2006. (lcesh1)

Sept. 19, 2006

Sept. 19, 2006

PACER

Set/Reset Deadlines: Joint Proposed Discovery due by 10/6/2006. Class Certification Motions due by 10/4/2006. (gdf)

Sept. 19, 2006

Sept. 19, 2006

PACER
24

MOTION to Certify Class by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
25

NOTICE of Filing of Parties' Proposed Scheduling Order by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
26

Memorandum in opposition to re 24 MOTION to Certify Class filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 10/11/2006. Granting motion 24 for class certification.Discovery due by 8/31/2007. Status Conference set for 9/5/2007 09:15 AM in Courtroom 14 before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith.) (gdf)

Oct. 11, 2006

Oct. 11, 2006

PACER
27

ORDER granting 24 Motion to Certify Class. Signed by Judge Ellen S. Huvelle on October 11, 2006. (lcesh1) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
28

SCHEDULING ORDER. Discovery is due by 8/31/2007. A status conference is set for 9/5/2007 at 09:15 AM before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on October 11, 2006. (lcesh1) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
29

STATUS REPORT on Results of Initial Class Notification by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Schember, Daniel) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
30

NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Louis Koger on behalf of DISTRICT OF COLUMBIA Substituting for attorney Andrew J. Saindon (Koger, Thomas) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER
31

NOTICE of Appearance by Jayme Kantor on behalf of DISTRICT OF COLUMBIA (Kantor, Jayme) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
32

Consent MOTION for Extension of Time to Complete Discovery and to Reschedule Status Conference by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit Mdmorrandum of Points and Authorities in Support of Motion to Extend Time to Complete Deposition Discovery and to Reschedule Status Conference# 2 Supplement Proposed Order Granting Motion)(Koger, Thomas) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
33

RESPONSE to 32 Defendant's Motion to Extend Time to Complete Deposition Discovery and to Reschedule Status Conference filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Text of Proposed Order)(Schember, Daniel). (Entered: 08/18/2007)

Aug. 18, 2007

Aug. 18, 2007

PACER

MINUTE ORDER granting 32 Defendant's Consent Motion to Extend Time to Complete Deposition Discovery and Reschedule the Status Conference Herein. The parties may take the following depositions on or before October 5, 2007: plaintiffs' Rule 30(b)(6) deposition of defendant, plaintiffs' deposition of MPD Chief Cathy Lanier, plaintiffs' depositions of four other MPD witnesses, and defendant's depositions of three videographers. With plaintiffs' consent, defendant may take one additional deposition on or before October 5, 2007. The status conference currently scheduled for September 5, 2007, is hereby VACATED and RESET for October 11, 2007, at 9:30 a.m. Signed by Judge Ellen S. Huvelle on 8/20/2007. (KF)

Aug. 20, 2007

Aug. 20, 2007

PACER

Set Deadlines/Hearings: Deposition due by 10/5/2007. Status Conference set for 10/11/2007 09:30 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf)

Aug. 20, 2007

Aug. 20, 2007

PACER
34

MOTION for Order Setting Schedule by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 10/06/2007)

Oct. 6, 2007

Oct. 6, 2007

PACER
35

Memorandum in opposition to re 34 MOTION for Order Setting Schedule filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit J20 Flier)(Koger, Thomas) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
36

ORDER REFERRING CASE to Magistrate Judge for settlement discussions. Signed by Judge Ellen S. Huvelle on October 11, 2007. (lcesh1) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
37

MOTION for Discovery To Be Taken Of The D.C. Chapter Of The National Lawyers Guild by DISTRICT OF COLUMBIA (Koger, Thomas) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER

Minute Entry. Proceedings held before Judge Ellen S. Huvelle : Status Conference held on 10/11/2007. Case referred to Magistrate Judge Alan Kay for settlement. Scheduling order to be presented. (Court Reporter Lisa Griffith) (gdf)

Oct. 11, 2007

Oct. 11, 2007

PACER
38

SCHEDULING ORDER:Plaintiffs' motion for partial summary judgment on liability only due 1/25/08. Opposition and cross motion relating to liability due 2/22/08. Reply and Opposition to cross motion due 3/14/08. Reply to cross motion due 3/28/08. Signed by Judge Ellen S. Huvelle on 10/10/07. (gdf) (Entered: 10/12/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER

CASE REFERRED to Magistrate Judge Alan Kay for settlement purposes. (jeb, )

Oct. 11, 2007

Oct. 11, 2007

PACER
39

SCHEDULING ORDER: Settlement Conference set for 10/29/2007, at 10:30 AM [counsel -please note the slight change in commencement time] in Chambers before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 10/17/07. (DM) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
40

Memorandum in opposition to re 37 MOTION for Discovery To Be Taken Of The D.C. Chapter Of The National Lawyers Guild filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Schember, Daniel) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER

ORDER denying 37 defendant's motion for discovery to be taken of the D.C. Chapter of the National Lawyers Guild. Signed by Judge Ellen S. Huvelle on October 25, 2007. (lcesh1)

Oct. 25, 2007

Oct. 25, 2007

PACER
41

NOTICE of Filing of Proposed Agreed Order for Disclosure of Records Concerning Juveniles by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
42

ORDER that on or before November 15, 2007, defendant will deliver to plaintiffs the records in defendant's possession, custody, or control pretaining to the identity or location of any juvenile who was detained by police at or about the same time and place as the arrest of the plaintiff class representatives. Signed by Judge Ellen S. Huvelle on 10/30/07. (gdf) (Entered: 10/31/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER

Minute Entry. Proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 10/29/07. (DM)

Nov. 1, 2007

Nov. 1, 2007

PACER
43

Consent MOTION for Extension of Time to Deliver Juvenile Records by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Kantor, Jayme) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER

MINUTE ORDER granting 43 defendant's Consent Motion to Enlarge Time Within Which to Comply With Court Order to Deliver Juvenile Records to Plaintiffs' Counsel. Defendant shall deliver to plaintiffs' counsel the records in defendant's possession, custody, or control pertaining to the identity or location of any juvenile who was detained by police at or about the same time and place as the arrest of the plaintiff class representative on or before December 14, 2007. Signed by Judge Ellen S. Huvelle on 11/15/2007. (KF)

Nov. 15, 2007

Nov. 15, 2007

PACER
44

RESPONSE to Discovery Request by DISTRICT OF COLUMBIA. (Attachments: # 1 Declaration MPD# 2 Declaration OAG)(Kantor, Jayme) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

PACER
45

MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order, # 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 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Schember, Daniel) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
46

NOTICE of Non-Electronic Filing of Videotapes (Ex. M and O to Plaintiffs' Motion for Partial Summary Judgment) and Certificate of Service by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Schember, Daniel) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
47

ENTERED IN ERROR.....Consent MOTION for Extension of Time to Extend By One Calendar Its Time To File Its Oppositon To Plaintiff's Motion For Partial Summary Judgment And Defendant's Cross-Motion For Partial Summary Judgment by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order Proposed Order)(Koger, Thomas) Modified on 2/25/2008 (jf, ). (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

PACER
48

ENTERED IN ERROR.....MOTION for Summary Judgment and Opposition to Plaintiffs Motion for Partial Summary Judgment (Part I) by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Def Stmt of Facts in Support of Def Motion for Partial Summary Judgment, # 3 Exhibit Def Statement of Facts Giving Rise To Genuine Issues Requiring Trial Requi, # 4 Exhibit DC X 1 Jeffrey Madison Decl, # 5 Exhibit DC X 2 Drew Smith Decl, # 6 Exhibit DC X 3 Patrick Keller Decl, # 7 Exhibit DC X 4 Jimmie Riley Decl, # 8 Exhibit DC X 5 2008 C. Lanier Decl, # 9 Exhibit DC X 6 2006 Lanier Decl, # 10 Exhibit DC X 7 Lanier Dep Tr, # 11 Exhibit DC X 8 DC Interrogaorty Responses, # 12 Exhibit DC X 9 Brian Jordan Decl, # 13 Exhibit DC X 10 Michael Topper Decl)(Koger, Thomas) Modified on 2/25/2008 (jf, ). (Entered: 02/23/2008)

Feb. 23, 2008

Feb. 23, 2008

PACER
49

ENTERED IN ERROR.....MOTION for Summary Judgment for Partial Summary Judgment and Opposition to Plaintiffs' Motion For Partial Summary (Part II) by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit DC X 12 S. Carr Interrogatory Responses, # 2 Exhibit A Kirk Interrogatory Response, # 3 Exhibit DX X 13 C Kirk Rog Resp, # 4 Exhibit DC X 15 Burgin Fairness Hrg Tr, # 5 Exhibit DC X 16 Barham Hrg Tr, # 6 Exhibit Dc X 17 S Carr Dep Tr, # 7 Exhibit DC X 18 A Kirk Dep Tr, # 8 Exhibit DC X 19 J Scolnik Dep Tr, # 9 Exhibit DC X 20 C Kirk Dep Tr, # 10 Exhibit S Carr Field Arrest Forms, # 11 Exhibit A Kirk Field Arrest Forms)(Koger, Thomas) Modified on 2/25/2008 (jf, ). (Entered: 02/23/2008)

Feb. 23, 2008

Feb. 23, 2008

PACER
50

ENTERED IN ERROR.....MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment (part III) by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit DC X 24 J Scolnik Field Arrest Form, # 2 Exhibit DC X 25 M Singer Field Arrest Forms, # 3 Exhibit DC X 26 A Kirk Blog, # 4 Exhibit DC X 27 Abbate Signed Settlement Agreement, # 5 Exhibit DC X 28 MPD Mass Demonstration Handbook, # 6 Exhibit DC X 29 M Singer DEp Tr Excerpt, # 7 Exhibit DC X 30 Phillip Dickson Decl, # 8 Exhibit DC X 101 Damage Photo, # 9 Exhibit DC X 102 Damage Photo, # 10 Exhibit DC X 103 Damage Photo, # 11 Exhibit DC X 105 Damage Photo, # 12 Exhibit DC X 106 Damage Photo, # 13 Exhibit DC X 107 Damage Photo, # 14 Exhibit DC X 108 damage Photo, # 15 Exhibit DC X 109 Damage Photo, # 16 Exhibit Dc X 110 Damage Photo, # 17 Exhibit DC X 111 Damage Photo, # 18 Exhibit DC X 112 Damage Photo, # 19 Exhibit DC X 113 Damage Photo, # 20 Exhibit DC X 114 damage Photo, # 21 Exhibit DC X Damage Photo, # 22 Exhibit DC X 116 Damage Photo, # 23 Exhibit DC X 117 Damage Photo, # 24 Exhibit DC X 118 Damage Photo, # 25 Exhibit Dc X 119 Damage Photo, # 26 Exhibit Dc X 120 Damage Photo, # 27 Exhibit Dc X 121 Damage Photo, # 28 Exhibit DC X 122 Damage Photo, # 29 Exhibit DC 123 Damage Photo, # 30 Exhibit DC X 124 Damage Photo, # 31 Exhibit DC X 125 Latino Liaison Unit Normal View, # 32 Exhibit DC X 126 Latino Liaison Unit Close up, # 33 Exhibit DC X 127 Anthony Brown Decl)(Koger, Thomas) Modified on 2/25/2008 (jf, ). (Entered: 02/23/2008)

Feb. 23, 2008

Feb. 23, 2008

PACER
51

Consent MOTION for Extension of Time to File, Nunc Pro Tnuc, By Two Calendar Days, Defendants' Memorandum Of Points And Authorities In Opposition To Plaintiff's Motion For Partial Summary Judgment And In Support Of Defendant's Motion For Partial Summary Judgment by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Memorandum of Points and Authorities To Be Filed Nunc Pro Tunc)(Koger, Thomas) (Entered: 02/24/2008)

Feb. 24, 2008

Feb. 24, 2008

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 47 Consent MOTION for Extension of Time to Extend By One Calendar Its Time To File Its Oppositon To Plaintiff's Motion For Partial Summary Judgment And Defendant's Cross-Motion For Partial Summary Judgment was entered in error as a duplicate filing to 51 .(jf, )

Feb. 25, 2008

Feb. 25, 2008

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 50, 49 & 48 MOTION for Summary Judgment and Opposition to Plaintiffs Motion for Partial Summary Judgment was entered in error as a premature filing to 51 . See LCvR 5.4 (g) (jf, )

Feb. 25, 2008

Feb. 25, 2008

PACER

MINUTE ORDER granting 51 Defendant District of Columbia's Consent Motion to Extend, Nunc Pro Tunc, by Two Calendar Days, its Time to File its Memorandum of Points and Authorities Opposition to Plaintiffs' Motion for Partial Summary Judgment and in Support of Defendant's Cross-Motion for Partial Summary Judgment. The time within which defendant shall file its memorandum of points and authorities is hereby extended, nunc pro tunc, to and including February 24, 2008. Signed by Judge Ellen S. Huvelle on 2/25/2008. (VT)

Feb. 25, 2008

Feb. 25, 2008

PACER

Set/Reset Deadlines: Response to Cross Motions due by 2/24/2008. Response to Motion for Summary Judgment due by 2/24/2008. (gdf)

Feb. 25, 2008

Feb. 25, 2008

PACER
52

MOTION for Partial Summary Judgment by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order Proposed Order Granting Partial Summary Judgment, # 2 Exhibit DC X 1 Madison Decl, # 3 Exhibit DC X 2 Smith Decl, # 4 Exhibit DC X 3 Keller Decl, # 5 Exhibit DC X 4 Riley Decl, # 6 Exhibit DC X 5 Lanier 2008 Decl, # 7 Exhibit DC X 6 Lanier Decl 2006, # 8 Exhibit DC X 7 Lanier Depo Tr Excerpt, # 9 Exhibit DC X 8 DC Interroagtory Responses, # 10 Exhibit DC X 9 Jordan Decl, # 11 Exhibit DC X 10 Topper Decl)(Koger, Thomas) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
53

LARGE ADDITIONAL ATTACHMENT(S) DC Exhibits 11-22 by DISTRICT OF COLUMBIA 52 MOTION for Partial Summary Judgment filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit DC X 12 S Carr Interrogatory Resp, # 2 Exhibit DC X 13 A Kirk Interrogatory Resp, # 3 Exhibit DC X 14 C Kirk Interrogatory Resp, # 4 Exhibit DC X 15 Burgin Hearing Tr, # 5 Exhibit DC X 16 Barham Hearing Tr, # 6 Exhibit DC X 17 S Carr Dep Tr, # 7 Exhibit DC X 18 A Kirk Dep Tr, # 8 Exhibit DC X 19 j Scolnik Dep Tr, # 9 Exhibit DC X 20 C Kirk Dep Tr, # 10 Exhibit DC X 21 S Carr Field Arrest Forms, # 11 Exhibit DC X AKirk Field Arrest Forms)(Koger, Thomas) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
54

LARGE ADDITIONAL ATTACHMENT(S) DC Exhibits DC X 24 through DC X 127 by DISTRICT OF COLUMBIA 52 MOTION for Partial Summary Judgment filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit DC X 24 J Scolnik Field Arrest Forms, # 2 Exhibit DC X 25 M Singer Feld Arrest Forms, # 3 Exhibit DC X 26 A Kirk Blog, # 4 Exhibit DC X 27 Abbate Settlement Agreement, # 5 Exhibit DC X MPD Mass Demonstration SOPs Excerpt, # 6 Exhibit DC X 29 M Singer Depo Tr, # 7 Exhibit DC X 30 Dickson Decl, # 8 Exhibit DC X 101 Damges Photo, # 9 Exhibit DC X 102 Damage Photo, # 10 Exhibit DC X 103 Damage Photo, # 11 Exhibit DC X 105 Damage Photo, # 12 Exhibit DC X 106 Damage Photo, # 13 Exhibit DC X 107 Damage Photo, # 14 Exhibit DC X 108 Damage Photo, # 15 Exhibit DC X 109 Damage Photo, # 16 Exhibit DC X 110 Damage Photo, # 17 Exhibit DC X 111, # 18 Exhibit DC X 112 Damage Photo, # 19 Exhibit DC X 113, # 20 Exhibit DC X 114, # 21 Exhibit DC X 115, # 22 Exhibit DC X 116 Damage Photo, # 23 Exhibit DC X 117, # 24 Exhibit DC X 118, # 25 Exhibit DC X 119 Damage Photo, # 26 Exhibit DC X 120 Damage Photo, # 27 Exhibit DC X 121 Damage Photo, # 28 Exhibit DC X 122 Damage Photo, # 29 Exhibit DC X 123 Damage Photo, # 30 Exhibit DC X 124 Damage Photo, # 31 Exhibit DC X 125 MPD Latino Liaison Unit Normal View, # 32 Exhibit DC X MPD Latino Liaison Unit Close_up View, # 33 Exhibit DC X 127 Anthony Brown Decl)(Koger, Thomas) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
55

Memorandum in opposition to re 45 MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) and Defendant District Of Columbia's Statement Pursuant To LCvR 7(h) Of Material Facts Giving Rise To Genuine Issues, In Response To Plaintiffs' Motion For Partial Summary Judgment On Liability, Requiring Litigation By Trial In Accordance With Defendant District Of Columbia's Demand For A Trial By Jury filed by DISTRICT OF COLUMBIA. (Koger, Thomas) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
56

ERRATA AND NOTICE OF CORRECTED FILING OF DEFENDANT DISTRICT OF COLUMBIA'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF DKT. 52 (MAIN DOCUMENT)) by DISTRICT OF COLUMBIA 52 MOTION for Partial Summary Judgment filed by DISTRICT OF COLUMBIA. (Koger, Thomas) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
57

NOTICE of Appearance by Chad Wayne Copeland on behalf of DISTRICT OF COLUMBIA (Copeland, Chad) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER
58

Consent MOTION for Extension of Time to File Response/Reply (Revised Summary Judgment Briefing Schedule) by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order)(Schember, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER

MINUTE ORDER granting 58 plaintiffs' Consent Motion for Revised Briefing Schedule. Plaintiffs shall file their opposition to Defendant District of Columbia's Cross-Motion for Partial Summary Judgment and their reply in support of their Motion for Partial Summary Judgment on Liability on or before April 11, 2008. Defendant shall file its reply on or before May 2, 2008. Signed by Judge Ellen S. Huvelle on 3/7/2008. (VT)

March 7, 2008

March 7, 2008

PACER

Set/Reset Deadlines: Response to Cross Motions due by 4/11/2008. Reply to Motion for Partial Summary Judgment due by 4/11/2008. Reply to Cross Motions due by 5/2/2008. (gdf)

March 11, 2008

March 11, 2008

PACER
59

REPLY to opposition to motion re 45 MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts) MOTION for Partial Summary Judgment on Liability (Including Memorandum and Statement of Undisputed Material Facts), 52 MOTION for Partial Summary Judgment Opposition filed by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK. (Attachments: # 1 Response to Defendant's Statement of Facts, # 2 Response to Defendant's Statement of Issues, # 3 Exhibit Q, # 4 Exhibit R, # 5 Exhibit S, # 6 Exhibit T, # 7 Exhibit U, # 8 Exhibit V, # 9 Exhibit W, # 10 Text of Proposed Order)(Schember, Daniel) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

PACER
60

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Opposition to Defendant's Cross-Motion for Partial Summary Judgment by DISTRICT OF COLUMBIA (Koger, Thomas) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER

MINUTE ORDER granting 60 Defendant District of Columbia's Consent Motion to Extend its Time to File its Reply to Plaintiffs' Opposition to the District's Cross-Motion for Partial Summary Judgment. Defendant shall file its reply on or before May 9, 2008. Signed by Judge Ellen S. Huvelle on 4/30/2008. (VT)

April 30, 2008

April 30, 2008

PACER

Set/Reset Deadlines: Reply to Cross Motions due by 5/9/2008. (gdf)

May 1, 2008

May 1, 2008

PACER
61

Consent MOTION for Leave to File Excess Pages in Form of 26-Page Reply Memorandum of Points and Authorities by DISTRICT OF COLUMBIA (Koger, Thomas) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER
62

REPLY to opposition to motion re 52 MOTION for Partial Summary Judgment filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit ATTACHMENT C)(Koger, Thomas) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER

MINUTE ORDER granting 61 Defendant District of Columbia's Consent Motion for Leave to File 26-Page Memorandum in Reply to Plaintiffs' Opposition to Defendant's Motion for Partial Summary Judgment. Signed by Judge Ellen S. Huvelle on 5/9/2008. (VT)

May 9, 2008

May 9, 2008

PACER
63

MEMORANDUM OPINION granting plaintiffs' motion for partial summary judgment 45 and denying defendant's motion for partial summary judgment 52 . The parties shall jointly contact chambers to schedule a conference call within the week. Signed by Judge Ellen S. Huvelle on June 17, 2008. (lcesh1) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

Clearinghouse
64

MOTION for Permanent Injunction Requiring Expungement of Arrest Records by JONATHAN SCOLNIK, MATTHEW SINGER, SARAH CARR, ALLYSON KIRK, CHELSEA KIRK (Attachments: # 1 Text of Proposed Order Granting Injunction)(Schember, Daniel) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
65

Memorandum in opposition to re 64 MOTION for Permanent Injunction Requiring Expungement of Arrest Records filed by DISTRICT OF COLUMBIA. (Koger, Thomas) (Entered: 06/29/2008)

June 29, 2008

June 29, 2008

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Policing

Key Dates

Filing Date: Jan. 19, 2006

Closing Date: Oct. 27, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons who had been participating in or observing a demonstration lacking a police permit in the Adams Morgan neighborhood in Washington, D.C. on the evening of January 20, 2005.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $250,000

Content of Injunction:

Required disclosure

Issues

General:

Pattern or Practice

Personal injury

Policing:

False arrest

Pepper/OC Spray (policing)