Case: Shaw v. Schulte

6:19-cv-01343 | U.S. District Court for the District of Kansas

Filed Date: Dec. 19, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved an alleged unconstitutional policy of the Kansas Highway Patrol (KHP) whereby they stopped motorists with out of state plates who were driving the I-70 corridor to or from the state of Colorado. On December 19, 2019, the three named plaintiffs on behalf of a class filed this lawsuit pro se in the District of Kansas. The plaintiffs sued the Kansas Highway Patrol superintendent and two named officers in their official capacity for the alleged unconstitutional stops and seizures…

This case involved an alleged unconstitutional policy of the Kansas Highway Patrol (KHP) whereby they stopped motorists with out of state plates who were driving the I-70 corridor to or from the state of Colorado.

On December 19, 2019, the three named plaintiffs on behalf of a class filed this lawsuit pro se in the District of Kansas. The plaintiffs sued the Kansas Highway Patrol superintendent and two named officers in their official capacity for the alleged unconstitutional stops and seizures in violation of the 4th and the 14th Amendments. Plaintiffs also claimed that the practice violated their 4th and 14th Amendment rights to travel. The case was assigned to/presided over by Senior District Judge Kathryn H. Vratil. 

Plaintiffs' January 30, 2019 amended complaint offered a proposed class definition of: all persons in the U.S. who travelled on I-70 as a motorist or passenger who were actually or appeared to be driving to or from Colorado in a vehicle with license plates from a state other than Kansas, who were then stopped by KHP and subject to searches of their vehicles but not subsequently convicted of a crime resulting from the stop, detainment, arrest, or search by KHP. According to plaintiffs' complaint, approximately 7.8K of the 10K motorists and passengers driving through Kansas on I-70 were traveling to or from Colorado. After acquiring representation via the ACLU of Kansas and other pro bono attorneys, the plaintiffs sought an injunction against the Kansas Highway Patrol’s policy and practice of targeting drivers with out-of-state license plates and a court order requiring the defendant Kansas Highway Patrol to implement appropriate measures which would prevent such alleged violations into the future.

Defendants filed a motion to dismiss punitive damages on April 1, 2020, claiming that plaintiffs' allegations were insufficient to establish the mental state required for punitive damages. On May 7, 2020, the court overruled the motion, finding that the facts alleged by plaintiffs were sufficient to plausibly show the mental state required for punitive damages (acting in the face of a perceived risk that their actions would violate federal law). 2020 WL 2296752.

This case was consolidated with Mark Erich v. Herman Jones (6:20-cv-01067) on November 10, 2020, after mediation in both cases proved unsuccessful. An extended period of discovery followed, with plaintiffs contesting the privilege asserted by defendants. Defendants filed am motion for summary judgment against plaintiffs' claims against the individual officers on April 23, 2021, arguing summary judgment in their favor was proper under qualified immunity. The court denied the motion for summary judgment on June 22, 2021, but there was no accompanying explanation of the order. In response, defendants filed a motion to move the court to alter and amend its June 22, 2021 denial, claiming findings of fact and conclusions would be beneficial and proper, and on July 20, 2021 filed an interlocutory appeal with the U.S. Court of Appeals for the 10th Circuit. The 10th Circuit affirmed in part and reversed in part on June 6, 2022, finding that one of the troopers was entitled to partial summary judgment and qualified immunity. 36 F.4th 1006.

On May 28, 2021, plaintiffs filed a motion to compel production of privileged documents withheld based solely on the deliberative process privilege, which protects certain internal agency information, such as recommendations and analysis, from disclosure during litigation. Here, the documents concerned an internal investigation conducted after one of the named plaintiffs made a complaint to KHP about the stop. The court granted the motion in part on September 21, 2021, ordering defendants to produce the portion of the withheld email communications not found to be deliberative and finding that plaintiffs' need for the deliberative portion of the communications did not outweigh KHP's interests. The court also granted defendant's motion for a protective order on September 28, 2021, finding that defendants were not required to answer two unanswered questions in a recent deposition. 2021 WL 4284546; 2021 WL 4441395.

One of the named defendants filed a motion for summary judgment on plaintiffs' interstate travel claim on August 24, 2022, prompting plaintiffs to file a counter-motion for summary judgment on September 8, 2022. In an order on December 26, 2022, the court found that plaintiffs failed to raise a genuine issue of material fact as to whether the stops and prolonged roadside detentions violated their right to be treated as welcome visitors to Kansas, granting defendants' motion on the claim. 2022 WL 17903799.

On January 3, 2023, the court granted defendants' motion to sever the named plaintiffs' 4th Amendment claims, both scheduled for a five-day jury trial in February, one trial in Kansas City and the other in Wichita. One of the named plaintiffs settled with one of the officers for $20,000, with the court entering a consent judgment on January 13, 2023.

Preparations for trials on the remaining claims and defendants proceeded. Both parties sought to have certain evidence sealed via motions in limine, with the court overruling most motions. 2023 WL 387147; 2023 WL 418663. On April 27, 2023, a jury returned a unanimous verdict against the remaining defendant in the initial case, awarding the remaining plaintiff $20,163,70 in damages and $20,000.00 in punitive damages. The defendant sought to have the jury verdict reviewed pursuant to his seeking of qualified immunity and Rule 50 of the Federal Rules of Civil Procedure. The court denied defendant's motion on May 5, 2023, finding that the evidence presented at trial, and in consideration of the jury verdict, the record clearly established that the defendant was incompetent to conduct roadside stops in compliance with the Fourth Amendment. 

Matters in this case remain ongoing.

Summary Authors

Zach Antin (3/7/2023)

Hannah Juge (5/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16616876/parties/shaw-v-schulte/


show all people

Documents in the Clearinghouse

Document
1

6:19-cv-01343

Complaint for Violation of Civil Rights

Dec. 19, 2019

Dec. 19, 2019

Complaint
7

6:19-cv-01343

First Amended Class Action Complaint: Demand for Jury Trial

Shaw v. Jones

Jan. 30, 2020

Jan. 30, 2020

Complaint
38

6:19-cv-01343

Memorandum and Order

Shaw v. Jones

May 7, 2020

May 7, 2020

Order/Opinion

2020 WL 2020

37

6:19-cv-01343

Memorandum and Order

Shaw v. Jones

May 7, 2020

May 7, 2020

Order/Opinion

2020 WL 2020

21-03130

Appeal from the United State District Court for the District of Kansas

U.S. Court of Appeals for the Tenth Circuit

June 6, 2022

June 6, 2022

Order/Opinion

36 F.4th 36

352

6:19-cv-01343

Memorandum and Order

Shaw v. Jones

Dec. 26, 2022

Dec. 26, 2022

Order/Opinion

2022 WL 2022

366

6:19-cv-01343

Consent Judgment as to Samuel Shaw's Claim Against Douglas Shulte

Shaw v. Jones

Jan. 13, 2023

Jan. 13, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16616876/shaw-v-schulte/

Last updated March 10, 2024, 4:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Wichita, filed by Blaine Franklin Shaw, Samuel James Shaw. (Attachments: # 1 Additional signature page signed by both Plaintiffs received by fax on 12/20/2019) (jk) (Entered: 12/20/2019)

1 Additional signature page signed by both Plaintiffs received by fax on 12/20/20

View on PACER

Dec. 19, 2019

Dec. 19, 2019

Clearinghouse
2

CIVIL COVER SHEET re 1 Complaint by Plaintiffs Blaine Franklin Shaw, Samuel James Shaw. (jk) (Entered: 12/20/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
3

MOTION for Leave to Proceed in forma pauperis by Plaintiff Blaine Franklin Shaw. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of Financial Status) NOTE - Access to document is restricted pursuant to the courts privacy policy. (jk) (Entered: 12/20/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
4

MOTION for Leave to Proceed in forma pauperis by Plaintiff Samuel James Shaw. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of Financial Status) NOTE - Access to document is restricted pursuant to the courts privacy policy. (jk) (Entered: 12/20/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
5

ORDER granting 3 Motion for Leave to Proceed in forma pauperis ; granting 4 Motion for Leave to Proceed in forma pauperis. The Clerk of the Court shall undertake service of process pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). Signed by Magistrate Judge Gwynne E. Birzer on 1/07/2020. Mailed to pro se parties Blaine Franklin Shaw at 2716 N. Redmond Ave., Oklahoma City, OK 73127 and Samuel James Shaw at 4173 NW 22nd St., Oklahoma City, OK 73107 by regular mail. (jk) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER

Summons Issued

Jan. 8, 2020

Jan. 8, 2020

PACER

SUMMONS ISSUED as to Doug Schulte (issued to US Marshal for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Copy of NEF mailed to pro se Plaintiffs Blaine Franklin Shaw at 2716 N. Redmond Ave., Oklahoma City, OK 73127 and Samuel James Shaw at 4173 NW 22nd St., Oklahoma City, OK 73107. (jk)

Jan. 8, 2020

Jan. 8, 2020

PACER
6

SUMMONS RETURNED EXECUTED -- Certified Mail by Blaine Franklin Shaw, Samuel James Shaw upon Doug Schulte served on 1/14/2020, answer due 2/4/2020. Copy of NEF mailed to pro se Plaintiffs Blaine Franklin Shaw at 2716 N. Redmond Ave., Oklahoma City, OK 73127 and Samuel James Shaw at 4173 NW 22nd St., Oklahoma City, OK 73107. (jk) (Additional attachment(s) added on 3/17/2020: # 1 certified mail receipt) (jk). (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
7

AMENDED COMPLAINT Class Action against Herman Jones, Brandon McMillan, Doug Schulte, filed by Blaine Franklin Shaw, Joshua Bosire, Samuel James Shaw. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Greathouse, Leslie) (Entered: 01/30/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on RECAP

Jan. 30, 2020

Jan. 30, 2020

Clearinghouse

Summons Issued

Jan. 30, 2020

Jan. 30, 2020

PACER

Reassigning Case

Jan. 30, 2020

Jan. 30, 2020

PACER
8

ORDER REASSIGNING CASE: Case reassigned to District Judge Kathryn H. Vratil for all further proceedings. District Judge Eric F. Melgren no longer assigned to case. Signed by District Judge Eric F. Melgren on 1/30/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cm) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER

SUMMONS ISSUED as to Herman Jones, Brandon McMillan, Doug Schulte (issued to US Marshal for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)

Jan. 30, 2020

Jan. 30, 2020

PACER
9

SUMMONS RETURNED EXECUTED -- Certified Mail by Blaine Franklin Shaw, Joshua Bosire, Samuel James Shaw upon Doug Schulte served on 2/13/2020, answer due 3/5/2020. (jk) (Additional attachment(s) added on 3/17/2020: # 1 certified mail receipt) (jk). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
10

SUMMONS RETURNED EXECUTED -- Certified Mail by Blaine Franklin Shaw, Joshua Bosire, Samuel James Shaw upon Brandon McMillan served on 2/13/2020, answer due 3/5/2020. (jk) (Additional attachment(s) added on 3/17/2020: # 1 certified mail receipt) (jk). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
11

SUMMONS RETURNED EXECUTED -- Certified Mail by Blaine Franklin Shaw, Joshua Bosire, Samuel James Shaw upon Herman Jones served on 2/13/2020, answer due 3/5/2020. (jk) (Additional attachment(s) added on 3/17/2020: # 1 certified mail receipt) (jk). (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
12

ENTRY OF APPEARANCE by Arthur S. Chalmers on behalf of Herman Jones (Chalmers, Arthur) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
13

DESIGNATION OF PLACE OF TRIAL filed by Defendant Herman Jones - trial to be held in Wichita. (Chalmers, Arthur) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
14

MOTION to Dismiss for Lack of Jurisdiction / lack of standing by Defendant Herman Jones (Chalmers, Arthur) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
15

MEMORANDUM IN SUPPORT of 14 MOTION to Dismiss for Lack of Jurisdiction / lack of standing by Defendant Herman Jones(Chalmers, Arthur) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER

Docket Annotation

March 17, 2020

March 17, 2020

PACER

Notice of Hearing

March 17, 2020

March 17, 2020

PACER

DOCKET ANNOTATION: 6, 9, 10, 11 certified mail receipts were provided by USMS and added to returns of service. (jk)

March 17, 2020

March 17, 2020

PACER
16

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Status Conference set for 3/24/2020 at 10:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749, using ACCESS CODE 9686294. The parties/counsel should be prepared to discuss the status of this case, including service/answer issues. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
17

MEMORANDUM IN OPPOSITION by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw re 14 MOTION to Dismiss for Lack of Jurisdiction / lack of standing (Greathouse, Leslie) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
18

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 3/24/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

Status Conference

March 24, 2020

March 24, 2020

PACER

Order

March 24, 2020

March 24, 2020

PACER
19

ORDER. On 3/24/20 the Court held a status conference. Plaintiffs appeared through counsel, Lauren Bonds, Leslie Greathouse, Patrick McInerney, and Zal Shroff. Defendant Herman Jones appeared through counsel, Arthur Chalmers. Individual trooper defendants Doug Schulte and Brandon McMillan did not appear, and Mr. Chalmers made clear he was not authorized to represent those Defendants. After discussion, the Court enters the following orders: For good cause shown, the Court extends the service period under Fed. R. Civ. P. 4(m) to 4/24/20. Counsel are ordered to confer regarding the issues surrounding service on Defendants Schulte and McMillan. In the event the parties cannot agree to acceptance of service, defense counsel is ordered to produce addresses for the individual defendants to Plaintiffs' counsel no later than 3/31/20. Plaintiffs' counsel is to address whether newly-added Plaintiff Joshua Bosire intends to proceed in forma pauperis or pay the filing fee and file any necessary documents. Additionally, Plaintiffs' counsel is to address whether they intend to pursue service on the individual troopers themselves, or whether they will rely upon the U.S. Marshal Service to do so. In any event, service should be completed no later than 4/24/20, and the Court will reconvene the parties for scheduling after the individual trooper defendants have responded to the Amended Complaint. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 3/24/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
20

ENTRY OF APPEARANCE by Arthur S. Chalmers on behalf of Brandon McMillan, Doug Schulte (Chalmers, Arthur) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
21

NOTICE OF SERVICE by Doug Schulte of Offers of Judgment (Chalmers, Arthur) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER

Filing Fee Paid

March 30, 2020

March 30, 2020

PACER

FILING FEE PAID in the amount of $400, receipt number W4631021727. (mam)

March 30, 2020

March 30, 2020

PACER
22

MOTION to Dismiss Punitive Damage Claims by Defendants Brandon McMillan, Doug Schulte (Chalmers, Arthur) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
23

MEMORANDUM IN SUPPORT of 22 MOTION to Dismiss Punitive Damage Claims by Defendants Brandon McMillan, Doug Schulte(Chalmers, Arthur) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
24

REPLY TO RESPONSE TO MOTION by Defendant Herman Jones re: 14 MOTION to Dismiss for Lack of Jurisdiction / lack of standing (Attachments: # 1 Exhibit A Excepts from Complaint, # 2 Exhibit B Civil asset forfeiture in Kansas_ Law enforcement tool or highway robbery_)(Chalmers, Arthur) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
25

ANSWER to 7 Amended Complaint, by Brandon McMillan.(Chalmers, Arthur) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
26

DEMAND FOR TRIAL BY JURY by Brandon McMillan. (Chalmers, Arthur) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
27

DESIGNATION OF PLACE OF TRIAL filed by Defendants Brandon McMillan, Doug Schulte - trial to be held in Wichita. (Chalmers, Arthur) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
28

ANSWER to 7 Amended Complaint, by Doug Schulte.(Chalmers, Arthur) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
29

DEMAND FOR TRIAL BY JURY by Doug Schulte. (Chalmers, Arthur) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
30

MOTION to Strike Settlement Offer by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw. (Greathouse, Leslie) Modified on 4/14/2020 to remove referral information. (mam) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
31

MEMORANDUM IN SUPPORT of 30 MOTION to Strike Settlement Offer by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw(Greathouse, Leslie) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER

Motions No Longer Referred

April 14, 2020

April 14, 2020

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 30 MOTION to Strike Settlement Offer. The motion will be resolved by the District Judge.(adc)

April 14, 2020

April 14, 2020

PACER
32

MEMORANDUM IN OPPOSITION by Defendant Doug Schulte re 30 MOTION to Strike Settlement Offer by offers of judgment (Chalmers, Arthur) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
33

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 6/8/2020 at 10:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 6/1/2020. Signed by Magistrate Judge Gwynne E. Birzer on 4/17/20. (ala) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

PACER
34

RESPONSE by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw re 22 MOTION to Dismiss Punitive Damage Claims (Shroff, Zal) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
35

REPLY TO RESPONSE TO MOTION by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw re: 30 MOTION to Strike Settlement Offer (Greathouse, Leslie) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
36

MEMORANDUM AND ORDER overruling 14 Motion to Dismiss Defendant Herman Jones. Signed by District Judge Kathryn H. Vratil on 5/1/2020. (smc) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
37

MEMORANDUM AND ORDER overruling 30 Motion to Strike Settlement Offer. Signed by District Judge Kathryn H. Vratil on 5/7/2020. (ydm) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

Clearinghouse
38

MEMORANDUM AND ORDER overruling 22 Motion to Dismiss Punitive Damage Claims. Signed by District Judge Kathryn H. Vratil on 5/7/2020. (ydm) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

Clearinghouse
39

ANSWER to 7 Amended Complaint, by Herman Jones.(Chalmers, Arthur) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
40

NOTICE OF SERVICE by Herman Jones, Brandon McMillan, Doug Schulte of Initial Rule 26 Disclosures (Chalmers, Arthur) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
41

NOTICE OF SERVICE by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw of Plaintiffs' Rule 26 Initial Disclosures (Shroff, Zal) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
42

NOTICE OF COURTROOM (METHOD) CHANGE. The Scheduling Conference set for Monday, 6/8/2020 at 10:00 a.m. will be held by Zoom video conference before Magistrate Judge Gwynne E. Birzer. Counsel will receive a Zoom invitation email prior to the conference. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

Notice of Courtroom Change

June 5, 2020

June 5, 2020

PACER
43

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 6/8/2020. (Zoom recording in chambers file).) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
44

PHASE I SCHEDULING ORDER: Mediation Notice Due 9/25/2020. Mediation Discovery deadline 10/30/2020. Mediation deadline 11/13/2020. Jury and Court Trial(s) set for 11/1/2021 at 09:00 AM in Wichita Courtroom (Unknown) before District Judge Kathryn H. Vratil. Estimated combined trial time 8-9 days. See order for additional deadlines. Signed by Magistrate Judge Gwynne E. Birzer on 6/8/20. (adc) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER

Scheduling Conference

June 8, 2020

June 8, 2020

PACER
45

NOTICE OF SERVICE by Brandon McMillan, Doug Schulte of written discovery to plaintiffs (Chalmers, Arthur) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
46

NOTICE OF SERVICE by Brandon McMillan, Doug Schulte of amended notice re written discovery from defs (Chalmers, Arthur) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
47

NOTICE OF SERVICE by Herman Jones of written discovery to plaintiffs (Chalmers, Arthur) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
48

NOTICE OF SERVICE by Herman Jones, Brandon McMillan, Doug Schulte of DOCUMENTS DESCRIBED IN DEFENDANTS' INITIAL RULE 26 DISCLOSURES (Chalmers, Arthur) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
49

NOTICE OF SERVICE by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw of Documents Described in Plaintiffs' Rule 26 Disclosures (Shroff, Zal) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
50

(DISREGARD, wrong document attached.) -- AGREED PROTECTIVE ORDER. See order for details. Signed by Magistrate Judge Gwynne E. Birzer on 6/15/20. (adc) Modified on 6/15/2020, see 51 . (mam) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
51

AGREED PROTECTIVE ORDER. See order for details. Signed by Magistrate Judge Gwynne E. Birzer on 6/15/20. (adc) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
52

NOTICE OF SERVICE by Brandon McMillan, Doug Schulte of Rule 26(a)(1) Initial Disclosures (Chalmers, Arthur) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
53

CERTIFICATE OF SERVICE of Discovery Responses by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw (Perry, Madison) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
54

NOTICE OF SERVICE by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw of Plaintiffs' First Set of Written Discovery (Bonds, Lauren) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
55

Unopposed MOTION for extension of time to file motion to compel discovery by Defendants Herman Jones, Brandon McMillan, Doug Schulte (referred to Magistrate Judge Gwynne E. Birzer) (Chalmers, Arthur) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
56

ORDER granting 55 Defendants' Unopposed Motion for Extension of Time to File a motion to compel. Defendants' deadline to file a motion compel concerning the Plaintiffs' responses to the Defendants' written discovery is extended to August 26, 2020. Signed by Magistrate Judge Gwynne E. Birzer on 8/17/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order on Motion for Extension of Time

Aug. 17, 2020

Aug. 17, 2020

PACER
57

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 8/21/2020 at 08:30 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. (adc) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER

Notice of Hearing

Aug. 20, 2020

Aug. 20, 2020

PACER
58

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: TELEPHONE CONFERENCE held on 8/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
59

CERTIFICATE OF SERVICE of First Supplemental Responses and Privilege Log by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw (Perry, Madison) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

Telephone Conference

Aug. 21, 2020

Aug. 21, 2020

PACER
60

ORDER. A discovery conference was held on 8/21/2020. Plaintiffs appeared through counsel, Madison A. Perry, Leslie A. Greathouse, Lauren Bonds, and Sharon Brett (appearance not yet entered). Defendants appeared through counsel, Arthur S. Chalmers. After discussion with counsel regarding the discovery disputes, the Court ordered Plaintiffs to supplement their responses to Defendants' Interrogatory No. 9 no later than close of business on 8/21/20. In addition, the Court expects the parties to continue to confer regarding the other discovery disputes and anticipates production will occur pursuant to the discussions held during this conference. The parties are encouraged to continue to confer and work toward a meaningful mediation according to the previously-established deadlines (Phase I Scheduling Order, ECF No. 44.) IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 8/24/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Order

Aug. 24, 2020

Aug. 24, 2020

PACER
61

CERTIFICATE OF SERVICE of First and Second Supplemental Responses by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw (Perry, Madison) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
62

NOTICE OF SERVICE by Herman Jones, Brandon McMillan, Doug Schulte of NOTICE OF SERVICE OF DEFENDANTS' RESPONSES TO WRITTEN DISCOVERY (Chalmers, Arthur) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
63

NOTICE OF SERVICE by Herman Jones, Brandon McMillan, Doug Schulte of NOTICE OF SERVICE OF DOCUMENTS DESCRIBED IN DEFENDANTS' INITIAL RULE 26 DISCLOSURES (Chalmers, Arthur) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
64

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference regarding mediation set for 9/4/2020 at 9:00 AM before Magistrate Judge James P. O'Hara. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Notice of Hearing

Sept. 3, 2020

Sept. 3, 2020

PACER
65

MOTION for attorney Sharon Brett to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5249583.) by Plaintiffs Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Bonds, Lauren) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
66

SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 10/19/2020 at 09:00 AM in KC Courtroom 223 (JPO)before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 9/8/2020. (ydm) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
67

ORDER granting 65 Motion to Appear Pro Hac Vice of Sharon I. Brett for Joshua Bosire, Blaine Franklin Shaw, and Samuel James Shaw pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 9/9/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 9, 2020

Sept. 9, 2020

PACER
68

NOTICE by Defendants Brandon McMillan, Doug Schulte of taking deposition of Blaine Shaw on 10/02/2020 (Chalmers, Arthur) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
69

NOTICE by Defendants Brandon McMillan, Doug Schulte of taking deposition of Joshua Shaw on 10/02/2020 (Chalmers, Arthur) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
70

NOTICE by Defendants Brandon McMillan, Doug Schulte of taking deposition of Joshua Boshire on 09/28/2020 (Chalmers, Arthur) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
71

JOINT MEDIATION NOTICE - Mediation to be held 10/19/2020 by Herman Jones, Brandon McMillan, Doug Schulte (Chalmers, Arthur) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
72

CERTIFICATE OF SERVICE of Revised First Request for Production by Joshua Bosire, Blaine Franklin Shaw, Samuel James Shaw. (Bonds, Lauren) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
73

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 10/15/2020 at 10:00 AM by Telephone before Magistrate Judge James P. O'Hara. The parties will discuss logistics and the possible need to reschedule the mediation set 10/19/2020. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Notice of Hearing

Oct. 14, 2020

Oct. 14, 2020

PACER
74

MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SETTLEMENT CONFERENCE held on 10/19/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
75

MEDIATION MINUTE ORDER - As contemplated by the Phase I Scheduling Order filed by U.S. Magistrate Judge Gwynne E. Birzer on June 8, 2020 (ECF No. 44), the undersigned magistrate judge conducted a settlement conference today with the parties and counsel today in this putative class-action proceeding. No settlement was reached with regard to the three named plaintiffs' individual claims for damages, nor with regard to their request for declaratory and injunctive relief on a class-wide basis. The undersigned defers to Judge Birzer whether to require counsel to submit a proposed Phase II Scheduling Order or an updated Rule 26(f) report, but in any event assumes she will convene a status and scheduling conference in due course (see ECF No. 44 at 4). Signed by Magistrate Judge James P. O'Hara on 10/19/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
76

ORDER SETTING STATUS CONFERENCE: Given the outcome of mediation in this matter, the completion of the Phase I order, and the pending issue of consolidation (see No. 20-1067-KHV, ECF No. 28), both matters are set for a Status Conference on 11/10/2020 at 09:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. Counsel must confer and submit a proposed schedule to govern the anticipated consolidated actions no later than 11/3/2020 to KSD_Birzer_Chambers@ksd.uscourts.gov. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 10/19/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER

Settlement Conference

Oct. 19, 2020

Oct. 19, 2020

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Policing

Indigent Defense

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: Dec. 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three named individuals on behalf of a class representing motorists with out of state plates driving on I-70 through Kansas either to or from Colorado

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: Granted

Defendants

State of Kansas, 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):

Right to travel

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 60,163.70

Issues

General/Misc.:

Drivers Licenses

Pattern or Practice

Search policies

Policing:

False arrest

Traffic Stops