Case: Winston v. Salt Lake City Police Department

2:12-cv-01134 | U.S. District Court for the District of Utah

Filed Date: Dec. 13, 2012

Closed Date: April 11, 2016

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Case Summary

This is a racial profiling and illegal seizure case about a gang task force of about 16 police officers who raided West High School in the Salt Lake City School District on December 16, 2010 to round up students for detention, interrogation, and inclusion in a gang database. The police officers detained Latinx, Black, and Pacific Islander students regardless of whether they had actual gang membership, and they targeted no white students. On December 13, 2012, the plaintiff, represented by the A…

On December 13, 2012, the plaintiff, represented by the ACLU and on behalf of his minor son who had been targeted by the gang task force, filed a complaint in the U.S. District Court for the District of Utah. The initial complaint named as defendants the Salt Lake City Police Department (SLCPD), the West Valley Police Department (WVPD), the Unified Police Department of Greater Salk Lake (UPDGSL), the West Jordan Police Department (WJPD), the Chiefs of Police of each department, the as-yet unidentified officers who took part in the gang task force, the Salt Lake City School District (SLCSD), SLCSD board members, and the principal of West High School. The complaint alleged, under both the U.S. Constitution (42 U.S.C. § 1983) and the Utah Constitution, unreasonable search and seizure, discrimination on the basis of race, ethnicity, or national origin, due process violation due to overly vague laws, and substantive and procedural due process violation under. The complaint also alleged intentional infliction of emotional distress and assault under the Utah Criminal Code and Conspiracy to Deprive Plaintiffs of Constitutional Rights under 42 U.S.C. § 1985.

The plaintiff sought compensatory and punitive damages, as well as an injunction which would (1) require defendants to expunge from their records any information unlawfully obtained by the gang task force, (2) prohibit Salt Lake City School District from enforcing any gang-related policies capable of being applied in arbitrary or discriminatory manner, and (3) prohibit the task force defendants from detaining or searching students in the Salt Lake City School District without probable cause.

Changing Judges throughout the Case

This case was originally assigned to Magistrate Judge Paul M. Warner. However, after plaintiffs indicated their intention to move for class certification, Magistrate Judge Warner ordered that the case be reassigned to a district judge. On February 27, 2023, the case was reassigned to Judge Ted Stewart, and on April 17, 2013, Judge Stewart assigned Magistrate Judge Brook C. Wells to hear and determine all nondispositive pretrial matters.

Amended Complaint

After notifying the court of his intention to move for class certification, the Plaintiff filed an amended proposed class complaint on June 17, 2013. The amended complaint removed the UPDGSL and its Chief of Police as defendants and named three additional individual defendants, all of whom were members of the gang task force. The amended complaint also added two additional parents as named plaintiffs bringing claims on behalf of their children and a class of all similarly situated individuals.

Class Certification and Discovery Dispute

Plaintiffs first moved for class certification on July 17, 2013. Plaintiffs sought to certify a class of “All Hispanic, African American, and Pacific Islander public school students who were enrolled in December 2010 and are enrolled in the public schools in the Salt Lake City School District, as well as all future Hispanic, African American, and Pacific Islander students who will enroll in Salt Lake City School District public schools.” In alternative, plaintiff asked the court to certify two subclasses: (1) “All Hispanic, African American, and Pacific Islander Salt Lake City School District Students who have been documented in the Salt Lake City Police Department’s database as gang members or gang associates in the 5 years prior to the filing of the complaint and all Hispanic, African American, and Pacific Islander Salt Lake City school students who will be documented in the future” and (2) “All Hispanic, African American, and Pacific Islander Salt Lake City School District students who were detained, whether documented or not, during the December 16, 2010 gang sweep.”

In their opposition, defendants submitted a declaration from an SLCPD sergeant testifying that there had been only 20 individuals under the age of 19 at the time they were identified as gang members and entered into the SLCPD database. Plaintiffs moved to strike portions of this declaration from the record on August 7, 2013 on the grounds the it was defendants’ counsel and an IT professional for the police department – and not the sergeant – who conducted the analysis that reached the conclusion that there were only 20 individuals under the age of 19 at the time they were entered into the SLCPD gang member database. The dispute over the admissibility of the sergeant’s declaration lasted for almost two years, until June 29, 2015, when Judge Stewart found the sergeant’s declaration to be admissible for purposes of determining class certification. 2015 WL 13845457. Judge Stewart then heard oral argument pertaining to plaintiff’s motion for class certification on September 28, 2015. However, before the court reached its decision on class certification, parties entered offer to allow judgment and settlement negotiations.

Offer to Allow Judgment and Settlements

WVPD defendants served plaintiffs an offer to allow judgment, and plaintiffs accepted their offer on November 12, 2015. The court then entered judgment in favor of plaintiffs and against WVPD on December 7, 2015. WVPD paid a total of $50,000 to the named plaintiffs in damages and attorneys’ fees.

On March 16, 2016, plaintiffs and the SLCSD defendants entered into a settlement agreement. Under the settlement, SLCSD agreed to finalize a Memorandum of Understanding which would draw a clear boundary between the disciplinary functions of the SLCSD and the criminal law enforcement functions of the local police departments. In particular, the memorandum was to specify that law enforcement would not be involved in matters of routine school discipline. In addition, all SLCSD employees were required to receive training on the appropriate roles of school resource officers and school administrators, juvenile court processes, adolescent development, mental health problems, conflict resolution and de-escalation techniques, cultural competency, and alternatives to the juvenile justice system and the rights of students. SLCSD further agreed to amend school policy to include a Gang-related Activities Prohibited section that stated: “Wearing a specific color by itself won’t be cause for discipline, and just wearing a cross or Star of David without augmentation or alteration won’t be cause for discipline. In addition to the items identified in these administrative procedures as prohibited gang attire or gang symbols, document S-3: Gang Signs, Symbols, Signals, Words and Conduct Prohibited outlines the current gang indicators that may result in student disciplinary action.” Finally, SLCSD defendants agreed to pay a total of $27,500 to named plaintiffs in damages and attorneys’ fees.

On the same day, plaintiffs also settled with SLCPD defendants. As part of the settlement, the SLCPD agreed not to conduct any gang task force raid like the one conducted on December 16, 2010 at any Salt Lake City schools. The SLCPD further agreed to arrest students on school property only when an officer has probable cause to believe that the student has been or is engaged in a crime that (1) poses a real or immediate threat of injury to an individual or the public; (2) constitutes property damage; (3) involves possession or use of drugs, alcohol, or weapons; or (4) when necessary to execute warrants that cannot be effectively executed outside of school hours. SLCPD officers would not photograph juveniles holding whiteboards identifying gang affiliation, nor would they be permitted to use race, color, ethnicity, or national origin in deciding when to conduct a stop and search or seek a warrant. SLCPD offers were required to receive annual training on implicit bias, adolescent development and techniques for working with youth, their responsibilities under the Fourteenth Amendment, the problems of disproportionate minority impact, and respect for privacy and reduction of stigma. Furthermore, the SLCPD agreed to expunge any and all records identifying plaintiffs as identified or suspected gang members stemming from the December 16, 2010 gang task force operation. Finally, the SLCPD agreed to pay a total of $30,000 to named plaintiffs in damages and attorneys’ fees.

Pursuant to the March 16, 2016 settlements, the court dismissed plaintiffs’ claims against SLCSD and SLCPD defendants on March 17, 2016. Plaintiffs voluntarily dismissed their claims against the remaining defendants on April 11, 2016. This case is now closed.

Find out more about this case on the ACLU website.

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Summary Authors

Sarah Portwood (3/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5159443/parties/winston-v-salt-lake-city-police-department/

Judge(s)

Stewart, Brian Theadore (Utah)

Judge(s)

Stewart, Brian Theadore (Utah)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 2:12-cv-01134	Proposed Class Action Complaint	Dec. 13, 2012	Dec. 13, 2012 Complaint
66 2:12-cv-01134	Second Amended Proposed Class Action Complaint	June 17, 2013	June 17, 2013 Complaint
215 2:12-cv-01134	Memorandum Decision and Order Denying Plaintiffs' Motion to Strike	June 29, 2015	June 29, 2015 Order/Opinion 2015 WL 13845457
2:12-cv-01134	Settlement Agreement between the SLC School District Defendants and Plaintiffs Winston v. Salt Lake City School District	March 16, 2016	March 16, 2016 Settlement Agreement
2:12-cv-01134	Settlement Agreement with SLC Police	March 16, 2016	March 16, 2016 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5159443/winston-v-salt-lake-city-police-department/

Last updated Aug. 10, 2025, 3:32 a.m.

ECF Number	Description	Date	Link Date / Link
1	Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Kevin Winston is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 12/13/2012)	Dec. 13, 2012	Dec. 13, 2012 PACER
2	COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1735095), filed by Kevin Winston. (Attachments: # 1 Civil Cover Sheet Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Mejia, John) Modified receipt number on 12/14/2012 (jds). (Entered: 12/13/2012)	Dec. 13, 2012	Dec. 13, 2012 RECAP
3	NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Courtney Bowie,Ayirini Fonseca-Sabune, for Plaintiff Kevin Winston (jds) (Entered: 12/14/2012)	Dec. 14, 2012	Dec. 14, 2012 PACER
4	MOTION for Admission Pro Hac Vice of Courtney Bowie, Registration fee $ 15, receipt number 1088-1739042, filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Proposed Order)(Farrell, Leah) (Entered: 12/18/2012)	Dec. 18, 2012	Dec. 18, 2012 PACER
5	MOTION for Admission Pro Hac Vice of Ayirini Fonseca-Sabune, Registration fee $ 15, receipt number 1088-1739051, filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Proposed Order)(Farrell, Leah) (Entered: 12/18/2012)	Dec. 18, 2012	Dec. 18, 2012 PACER
6	ORDER granting 4 Motion for Admission Pro Hac Vice of Courtney Bowie for Kevin Winston. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Paul M. Warner on 12/18/2012. (asp) (Entered: 12/19/2012)	Dec. 19, 2012	Dec. 19, 2012 PACER
7	ORDER granting 5 Motion for Admission Pro Hac Vice of Ayrini Fonseca-Sabune for Kevin Winston. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Paul M. Warner on 12/18/2012. (asp) (Entered: 12/19/2012)	Dec. 19, 2012	Dec. 19, 2012 PACER
8	RESTRICTED DOCUMENTSummons Issued Electronically as to Salt Lake City Board of Education. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012 PACER
9	RESTRICTED DOCUMENTSummons Issued Electronically as to McKell Withers. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012 PACER
10	RESTRICTED DOCUMENTSummons Issued Electronically as to Christopher Burbank. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012 PACER
11	RESTRICTED DOCUMENTSummons Issued Electronically as to Parley Jacobs. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012 PACER
12	MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 12/31/2012)	Dec. 31, 2012	Dec. 31, 2012 PACER
13	NOTICE of Appearance by Kyle J. Kaiser on behalf of Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers (Kaiser, Kyle) (Entered: 12/31/2012)	Dec. 31, 2012	Dec. 31, 2012 PACER
14	NOTICE OF ADR, e-mailed or mailed to Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers, Plaintiff Kevin Winston. (alp) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 PACER
15	ORDER granting 12 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Parley Jacobs answer due 1/25/2013 ; Salt Lake City Board of Education answer due 1/25/2013 ; Salt Lake City School District answer due 1/25/2013 ; McKell Withers answer due 1/25/2013. Signed by Magistrate Judge Paul M. Warner on 01/02/2013. (asp) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 PACER
16	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Christopher Burbank served on 12/27/2012, answer due 1/17/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/04/2013)	Jan. 4, 2013	Jan. 4, 2013 PACER
17	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Salt Lake City Board of Education served on 12/21/2012, answer due 1/25/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/07/2013)	Jan. 7, 2013	Jan. 7, 2013 PACER
18	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to McKell Withers served on 12/21/2012, answer due 1/25/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/07/2013)	Jan. 7, 2013	Jan. 7, 2013 PACER
19	RESTRICTED DOCUMENTSummons Issued Electronically as to Doug Diamond. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
20	RESTRICTED DOCUMENTSummons Issued Electronically as to Thayle Nielson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
21	AMENDED COMPLAINT against All Defendants., filed by Kevin Winston. (Bowie, Courtney) (Entered: 01/11/2013)	Jan. 11, 2013	Jan. 11, 2013 PACER
22	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Parley Jacobs served on 1/14/2013, answer due 2/4/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/14/2013)	Jan. 14, 2013	Jan. 14, 2013 PACER
23	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Doug Diamond served on 1/16/2013, answer due 2/6/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 01/30/2013)	Jan. 30, 2013	Jan. 30, 2013 PACER
24	Defendant's MOTION for Extension of Time to File Answer re 21 Amended Complaint (Stipulated) filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 02/01/2013)	Feb. 1, 2013	Feb. 1, 2013 PACER
25	ORDER granting 24 Motion for Extension of Time to Answer re 24 Defendant's MOTION for Extension of Time to File Answer re 21 Amended Complaint (Stipulated). Answer deadline updated for All Salt Lake City School District Defendants.. Signed by Magistrate Judge Paul M. Warner on 2/5/13. (alp) Modified on 2/5/2013 to correctly reflect applicable parties (alp). (Entered: 02/05/2013)	Feb. 5, 2013	Feb. 5, 2013 PACER
26	NOTICE of Appearance by Heather S. White on behalf of Thayle Nielson, West Valley Police Department (White, Heather) (Entered: 02/12/2013)	Feb. 12, 2013	Feb. 12, 2013 PACER
27	NOTICE OF ADR, e-mailed or mailed to Defendants Thayle Nielson, West Valley Police Department. (alp) (Entered: 02/12/2013)	Feb. 12, 2013	Feb. 12, 2013 PACER
28	Second MOTION for Extension of Time to File Answer re 21 Amended Complaint and Memorandum in Support filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013 PACER
29	ORDER granting 28 Motion for Extension of Time to Answer re 21 Amended Complaint. Answer deadline updated for Parley Jacobs answer due 3/1/2013; Salt Lake City Board of Education answer due 3/1/2013; Salt Lake City School District answer due 3/1/2013; McKell Withers answer due 3/1/2013. Signed by Magistrate Judge Paul M. Warner on 02/22/2013. (asp) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013 PACER
30	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to Thayle Nielson Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013 PACER
31	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to West Valley Police Department Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013 PACER
32	Plaintiff's MOTION for Extension of Time To File Motion for Class Certification and Memorandum in Support filed by Plaintiff Kevin Winston. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bowie, Courtney) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013 PACER
33	DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because this case is a proposed class action, it is not feasible to obtain consent from all parties to the jurisdiction of a Magistrate Judge. Accordingly, the court orders that this case be reassigned to a District Judge. Signed by Magistrate Judge Paul M. Warner on 02/27/2013. (docket text order; no attached document) (jcd) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013 PACER
34	Pursuant to docket text order 33, case Reassigned to District Judge and is randomly assigned to Judge Ted Stewart. Magistrate Judge Paul M. Warner no longer assigned to the case. (alp) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013 PACER
35	NOTICE of Appearance by Margaret D. Plane on behalf of Christopher Burbank, Salt Lake City Police Department (Plane, Margaret) (Entered: 02/28/2013)	Feb. 28, 2013	Feb. 28, 2013 PACER
36	NOTICE of Appearance by J. Elizabeth Haws on behalf of Christopher Burbank, Salt Lake City Police Department (Haws, J.) (Entered: 02/28/2013)	Feb. 28, 2013	Feb. 28, 2013 PACER
37	ORDER granting in part and denying in part 32 Motion for Extension of Time to File Motion for Class Certification. Plaintiff shall have an additional sixty (60) days to file his motion for class certification. Signed by Judge Ted Stewart on 2/28/13. (ss) (Entered: 02/28/2013)	Feb. 28, 2013	Feb. 28, 2013 PACER
38	ANSWER to 21 Amended Complaint with Jury Demand filed by Parley Jacobs.(Anderson, Meb) (Entered: 03/01/2013)	March 1, 2013	March 1, 2013 PACER
39	ANSWER to 21 Amended Complaint with Jury Demand filed by Salt Lake City Board of Education, Salt Lake City School District, McKell Withers.(Anderson, Meb) (Entered: 03/01/2013)	March 1, 2013	March 1, 2013 PACER
40	NOTICE of Voluntary Dismissal of Salt Lake County, Metro Gang Unit by and through the Unified Police Department, and Sheriff Jim Winder filed by Plaintiff Kevin Winston (Bowie, Courtney) (Entered: 03/12/2013)	March 12, 2013	March 12, 2013 PACER
41	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to West Jordan Police Department Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 03/18/2013)	March 18, 2013	March 18, 2013 PACER
42	NOTICE of Appearance by Jeffrey Robinson on behalf of Doug Diamond, West Jordan Police Department (Robinson, Jeffrey) (Entered: 03/20/2013)	March 20, 2013	March 20, 2013 PACER
43	NOTICE of Appearance by Stuart E. Williams on behalf of Doug Diamond, West Jordan Police Department (Williams, Stuart) (Entered: 03/20/2013)	March 20, 2013	March 20, 2013 PACER
44	ANSWER to 21 Amended Complaint filed by Christopher Burbank, Salt Lake City Police Department.(Plane, Margaret) (Entered: 03/25/2013)	March 25, 2013	March 25, 2013 PACER
45	NOTICE OF ADR, e-mailed or mailed to Defendants Christopher Burbank, Salt Lake City Police Department. (asp) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013 PACER
46	REPORT OF ATTORNEY PLANNING MEETING. (Bowie, Courtney) (Entered: 04/04/2013)	April 4, 2013	April 4, 2013 PACER
47	Defendants West Jordan City Police Department and Doug Diamond's ANSWER to 21 Amended Complaint filed by Doug Diamond, West Jordan Police Department.(Williams, Stuart) (Entered: 04/04/2013)	April 4, 2013	April 4, 2013 PACER
48	NOTICE OF ADR, e-mailed or mailed to Defendants Doug Diamond, West Jordan Police Department. (asp) (Entered: 04/05/2013)	April 5, 2013	April 5, 2013 PACER
49	ANSWER to 21 Amended Complaint with Jury Demand filed by Thayle Nielson, West Valley Police Department.(White, Heather) (Entered: 04/08/2013)	April 8, 2013	April 8, 2013 PACER
50	CERTIFICATE OF SERVICE by Doug Diamond, West Jordan Police Department of Initial Disclosures of Defendants West Jordan City Police Department and Chief Doug Diamond (Robinson, Jeffrey) (Entered: 04/15/2013)	April 15, 2013	April 15, 2013 PACER
51	Joint MOTION for Protective Order and Memorandum in Support filed by Defendants Christopher Burbank, Doug Diamond, Parley Jacobs, Thayle Nielson, Salt Lake City Board of Education, Salt Lake City Police Department, Salt Lake City School District, West Jordan Police Department, West Valley Police Department, McKell Withers, Plaintiff Kevin Winston. (Attachments: # 1 Exhibit 1 - Proposed Order)(Bowie, Courtney) (Entered: 04/16/2013)	April 16, 2013	April 16, 2013 PACER
52	ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Brooke C. Wells. Signed by Judge Ted Stewart on 4/17/13. (jjk) (Entered: 04/17/2013)	April 17, 2013	April 17, 2013 PACER
53	PROTECTIVE ORDER. Signed by Magistrate Judge Brooke C. Wells on 4/17/13. (ss) (Entered: 04/17/2013)	April 17, 2013	April 17, 2013 PACER
54	CERTIFICATE OF SERVICE by Doug Diamond, West Jordan Police Department of Interrogatories of Defendants West Jordan City Police Department and Chief Doug Diamond (Robinson, Jeffrey) (Entered: 04/22/2013)	April 22, 2013	April 22, 2013 PACER
55	Stipulated MOTION for Extension of Time File Motion for Class Certification and Memorandum in Support, Second, filed by Plaintiff Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Mejia, John) (Entered: 04/23/2013)	April 23, 2013	April 23, 2013 PACER
56	ORDER granting 55 Motion for Extension of Time. Signed by Magistrate Judge Brooke C. Wells on 4/24/13. (ss) (Entered: 04/24/2013)	April 24, 2013	April 24, 2013 PACER
57	INITIAL SCHEDULING ORDER: Amended Pleadings due by 9/20/2013. Joinder of Parties due by 9/20/2013. Signed by Magistrate Judge Brooke C. Wells on 4/30/13.(ss) (Entered: 04/30/2013)	April 30, 2013	April 30, 2013 PACER
58	MOTION for Court Order to Disclose Records and Memorandum in Support filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kaiser, Kyle) (Entered: 05/22/2013)	May 22, 2013	May 22, 2013 PACER
59	ORDER granting 58 Motion to Disclose Records.See order for specifics. Signed by Magistrate Judge Brooke C. Wells on 5/23/13. (ss) (Entered: 05/23/2013)	May 23, 2013	May 23, 2013 PACER
60	Plaintiff's MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support filed by Plaintiff Kevin Winston. (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) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 06/11/2013)	June 11, 2013	June 11, 2013 PACER
61	ORDER granting 60 Motion for Extension of Time. Plaintiffs must file their Motion for Class Certification on or before July 17, 2013 and all dates in the Case Management Order are hereby extended by five weeks. Signed by Magistrate Judge Brooke C. Wells on 06/12/2013. (asp) (Entered: 06/12/2013)	June 12, 2013	June 12, 2013 PACER
62	AMENDED COMPLAINT Proposed Class Action against All Defendants. New Plaintiffs: Gloria Urcina on behalf of Y.A.; Angelica Estrada on behalf of A.P.. New Defendants: Anita Schwemmer in her official capacity; Lyman Smith; Nathan Wiley; Alma Sweeny. Removed Defendants: The Metro Gang Unit through the Unified Police Department; Sheriff Jim Winder; Thayle Nielson in his officil capacity., filed by Kevin Winston. (Attachments: # 1 Exhibit A-Second Amended Proposed Class Action Complaint, # 2 Text of Proposed Order text of proposed order) (Bowie, Courtney) (Entered: 06/12/2013)	June 12, 2013	June 12, 2013 PACER
63	NOTICE OF DEFICIENCY re 62 Amended Complaint. The document 62 was filed as an Amended Complaint however the image is a Motion for Leave to File Document. The clerk requests the filer of the original document to refile the pleading as a Motion for Leave to File Document. The new pleading will receive a new document number on the docket. (asp) (Entered: 06/13/2013)	June 13, 2013	June 13, 2013 PACER
64	Stipulated MOTION for Leave to File Second Amended Proposed Class Action Complaint filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A - Second Amended Proposed Class Action Complaint, # 2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 06/13/2013)	June 13, 2013	June 13, 2013 PACER
65	ORDER granting 64 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Brooke C. Wells on 6/14/13. (ss) (Entered: 06/14/2013)	June 14, 2013	June 14, 2013 PACER
66	AMENDED COMPLAINT Second Amended Proposed Class Action Complaint against All Defendants. New Plaintiffs: Gloria Urcino on behalf of Y.A.; Angelica Estrada on behalf of A.P.. New Defendants: Anita Scwemmer in her official capacity; Lyman Smith, Nathan Wiley and Alma Sweeney in their official and personal capacities. Removed Defendants: The Metro Gang Unit through the Unified Police Department; Sheriff Jim Winder; Thayle Nielson in his official capacity., filed by Kevin Winston. (Bowie, Courtney) (Entered: 06/17/2013)	June 17, 2013	June 17, 2013 PACER
67	ANSWER to 66 Amended Complaint,, with Jury Demand filed by Anita Schwemmer, West Valley Police Department.(White, Heather) (Entered: 06/26/2013)	June 26, 2013	June 26, 2013 PACER
68	RESTRICTED DOCUMENTSummons Issued Electronically as to Lyman Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	June 27, 2013	June 27, 2013 PACER
69	RESTRICTED DOCUMENTSummons Issued Electronically as to Alma Sweeny. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	June 27, 2013	June 27, 2013 PACER
70	RESTRICTED DOCUMENTSummons Issued Electronically as to Nathan Wiley. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	June 27, 2013	June 27, 2013 PACER
71	ANSWER to 66 Amended Complaint,, filed by Christopher Burbank, Salt Lake City Police Department, Lyman Smith, Alma Sweeny, Nathan Wiley.(Haws, J.) (Entered: 07/12/2013)	July 12, 2013	July 12, 2013 PACER
72	MOTION for Leave to File Excess Pages filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Farrell, Leah) (Entered: 07/16/2013)	July 16, 2013	July 16, 2013 PACER
73	MOTION to Compel Production of Documents and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 07/16/2013)	July 16, 2013	July 16, 2013 PACER
74	ORDER granting 72 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Brooke C. Wells on 07/17/2013. (asp) (Entered: 07/17/2013)	July 17, 2013	July 17, 2013 PACER
75	NOTICE of Conventional Filing by Angelica Estrada, Gloria Urcino, Kevin Winston (Bowie, Courtney) (Entered: 07/17/2013)	July 17, 2013	July 17, 2013 PACER
76	SEALED DOCUMENT SEALED MOTION for Class Certification and Appointment of Class Counsel and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit Index, # 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, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y) Motions referred to Brooke C. Wells.(asp) Modified on 8/30/2013 (ss). Modified on 8/30/2013 (ss). Modified on 1/8/2014: clarified carry-forward motion text (alt) (Entered: 07/18/2013)	July 17, 2013	July 17, 2013 PACER
77	Motions No Longer Referred: 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support (mjw) (Entered: 07/19/2013)	July 19, 2013	July 19, 2013 PACER
78	Defendants' West Jordan City Police Department and Doug Diamond's ANSWER to 66 Amended Complaint,, with Jury Demand filed by Doug Diamond, West Jordan Police Department.(Robinson, Jeffrey) (Entered: 07/29/2013)	July 29, 2013	July 29, 2013 PACER
79	REDACTION to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Motion and Memorandum of Law for Class Certification and Appointment of Class Counsel by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit A Redacted Exhibit, # 2 Exhibit B Letter by Parley Jacobs, # 3 Exhibit C Redacted Exhibit, # 4 Exhibit D School Bd Policy, # 5 Exhibit E Brede Tr 43-44, # 6 Exhibit F Redacted Exhibit, # 7 Exhibit G Brede Tr 66, # 8 Exhibit H Redacted Exhibit, # 9 Exhibit I Redacted Exhibit, # 10 Exhibit J District 001-006 policy, # 11 Exhibit K Brede Tr 137-141, # 12 Exhibit L Redacted Exhibit, # 13 Exhibit M Redacted Exhibit, # 14 Exhibit N Redacted Exhibit, # 15 Exhibit O Redacted Exhibit, # 16 Exhibit P Redacted Exhibit, # 17 Exhibit Q Brede Tr 112, # 18 Exhibit R Redacted Exhibit, # 19 Exhibit S Redacted Exhibit, # 20 Exhibit T Redacted Exhibit, # 21 Exhibit U District Gang Identifiers, # 22 Exhibit V District 13-14 Race Data, # 23 Exhibit W Bowie Decl, # 24 Exhibit X Mejia Decl)(Bowie, Courtney) (Entered: 07/31/2013)	July 31, 2013	July 31, 2013 PACER
80	MOTION to Withdraw as Attorney and Memorandum in Support of Ayirini Fonseca-Sabune filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/02/2013)	Aug. 2, 2013	Aug. 2, 2013 PACER
82	Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support filed by Defendants Anita Schwemmer, West Valley Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(White, Heather) (Entered: 08/02/2013)	Aug. 2, 2013	Aug. 2, 2013 PACER
83	Motions No Longer Referred: 82 Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and MeStipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Me (lam) (Entered: 08/05/2013)	Aug. 5, 2013	Aug. 5, 2013 PACER
85	MOTION to Strike 81 Memorandum in Opposition to Motion,, and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/07/2013)	Aug. 7, 2013	Aug. 7, 2013 PACER
86	MOTION to Seal Document 81 Memorandum in Opposition to Motion,, filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Haws, J.) (Entered: 08/07/2013)	Aug. 7, 2013	Aug. 7, 2013 PACER
87	REDACTION to 81 Memorandum in Opposition to Motion,, 73 MOTION to Compel Production of Documents and Memorandum in Support by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Exhibit 1 - 5.30.13 Letter to Bowie re: Discovery Issues, # 2 Exhibit 2 - Email String re Second Amended Complaint, # 3 Exhibit 3 - 6.06.13 Letter to Bowie re Supplemental Documents, # 4 Exhibit 4 - 6.10.13 Letter to Plane re Production Follow-up, # 5 Exhibit 5 - 6.26.13 Letter to Bowie re Supplemental Production, # 6 Exhibit 6 - Email String re July 2 Correspondence, # 7 Exhibit 7 - Email to Haws re Forwarding July 2 Letter, # 8 Errata 8 - Email String re Request for Extension of Time, # 9 Exhibit 9 - Email to Haws re Assistants)(Haws, J.) (Entered: 08/07/2013)	Aug. 7, 2013	Aug. 7, 2013 PACER
88	WITHDRAWAL OF MOTION by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston re 85 MOTION to Strike 81 Memorandum in Opposition to Motion,, and Memorandum in Support filed by Gloria Urcino, Kevin Winston, Angelica Estrada . (Attachments: # 1 Text of Proposed Order)(Bowie, Courtney) Modified on 8/12/2013 ; changed event from Withdrawal of Motion to Motion to Withdraw Document (asp). (Entered: 08/08/2013)	Aug. 8, 2013	Aug. 8, 2013 PACER
89	ORDER granting 86 Motion to Seal Document 81 Memorandum in Opposition to Motion. Signed by Magistrate Judge Brooke C. Wells on 08/12/2013. (asp) (Entered: 08/12/2013)	Aug. 12, 2013	Aug. 12, 2013 PACER
90	ORDER granting 88 Motion to Withdraw 85 MOTION to Strike 81 Memorandum in Opposition to Motion, and Memorandum in Support . Signed by Magistrate Judge Brooke C. Wells on 08/12/2013. (asp) (Entered: 08/12/2013)	Aug. 12, 2013	Aug. 12, 2013 PACER
91	REPLY to Response to Motion re 86 MOTION to Seal Document 81 Memorandum in Opposition to Motion,, filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit A - 8.6 email from Haws to Bowie, # 2 Exhibit B - 7.15 email from Haws to Bowie, # 3 Exhibit C - June 7 Letter from Bowie to Haws)(Bowie, Courtney) (Entered: 08/16/2013)	Aug. 16, 2013	Aug. 16, 2013 PACER
92	NOTICE of Appearance by Catherine L. Brabson on behalf of Christopher Burbank, Salt Lake City Police Department (Brabson, Catherine) (Entered: 08/19/2013)	Aug. 19, 2013	Aug. 19, 2013 PACER
93	NOTICE of Intent to Serve Subpoena by Christopher Burbank, Salt Lake City Police Department (Attachments: # 1 Exhibit A - Subpoena to State Defendants) (Haws, J.) (Entered: 08/22/2013)	Aug. 22, 2013	Aug. 22, 2013 PACER
94	ORDER granting 80 Motion to Withdraw as Attorney. Attorney Ayirini M. Fonseca-Sabune withdrawn from case for Plaintiffs. Signed by Magistrate Judge Brooke C. Wells on 8/29/13 (alt) (Entered: 08/29/2013)	Aug. 29, 2013	Aug. 29, 2013 PACER
95	Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/30/2013)	Aug. 30, 2013	Aug. 30, 2013 PACER
96	Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Haws, J.) (Entered: 09/03/2013)	Sept. 3, 2013	Sept. 3, 2013 PACER
97	ORDER granting 96 Motion for Extension of Time to File Response/Reply re 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Responses due by 9/20/2013. Signed by Magistrate Judge Brooke C. Wells on 9/3/13. (ss) (Entered: 09/03/2013)	Sept. 3, 2013	Sept. 3, 2013 PACER
98	NOTICE OF HEARING ON MOTION re: 73 MOTION to Compel Production of Documents and Memorandum in Support, 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support : Motion Hearing set for 9/19/2013 10:30 AM in Room 436 before Magistrate Judge Brooke C. Wells. The briefing schedule for 95 Plaintiffs' Motion to Quash Subpoena is set forth as follows:- Defendants' opposition is due on or before Friday September 13th- Plaintiffs' reply is due on or before Tuesday September 17th (Notice generated by chambers) (mjw) (Entered: 09/05/2013)	Sept. 5, 2013	Sept. 5, 2013 PACER
99	NOTICE of Withdrawal of Subpoena by Christopher Burbank, Salt Lake City Police Department (Brabson, Catherine) (Entered: 09/13/2013)	Sept. 13, 2013	Sept. 13, 2013 PACER
100	Defendant's MEMORANDUM in Opposition re 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Brabson, Catherine) (Entered: 09/13/2013)	Sept. 13, 2013	Sept. 13, 2013 PACER
101	REPLY to Response to Motion re 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order Amended Text of Proposed Order)(Bowie, Courtney) (Entered: 09/17/2013)	Sept. 17, 2013	Sept. 17, 2013 PACER
102	Minute Order. Proceedings held before Magistrate Judge Brooke C. Wells. Court heard from cnsl. Dft has until November 1, 2013 to comply with disclosures. Court ordered redaction for all individuals 25 years and older. Court also ordered production of discovery pertaining to stops for attorney eyes only. Both motions taken under advisement - 73 Motion to Compel and 95 Motion to Quash. Cnsl to submit a new briefing schedule and to submit a proposed scheduling order. Attorney for Plaintiff: Courtney Bowie, John Mejia, Attorney for Defendant J. Elizabeth Haws, Catherine Brabson, Kyle Kaiser, Heather White. Court Reporter: electronic.(Time Start: 10:42, Time End: 11:51, Room 436.) (mlp) (Entered: 09/20/2013)	Sept. 19, 2013	Sept. 19, 2013 PACER

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Case Details

State / Territory: Utah

Case Type(s):

Policing

Education

Key Dates

Filing Date: Dec. 13, 2012

Closing Date: April 11, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three parents on behalf of their minor children who were detained, interrogated, and photographed for inclusion in the gang database as part of the December 16, 2010 operation

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Salt Lake City School District (Salt Lake), School District

Salt Lake City Police Department (Salt Lake), City

West Valley Police Department (West Valley), City