Case: Culley v. Marshall

1:19-cv-00701 | U.S. District Court for the Southern District of Alabama

Filed Date: Sept. 23, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging Alabama police's practice of seizing property under civil asset forfeiture law from individuals not charged with a crime. On September 23, 2019, an Alabama resident whose car was seized following her son’s arrest filed this putative class action lawsuit in the United States District Court for the Southern District of Alabama. Plaintiff sued the Attorney General of the State of Alabama, the District Attorney for the 13th Judicial Circuit of Alabama, and the City of Sat…

This is a case challenging Alabama police's practice of seizing property under civil asset forfeiture law from individuals not charged with a crime. On September 23, 2019, an Alabama resident whose car was seized following her son’s arrest filed this putative class action lawsuit in the United States District Court for the Southern District of Alabama. Plaintiff sued the Attorney General of the State of Alabama, the District Attorney for the 13th Judicial Circuit of Alabama, and the City of Satsuma under 42 U.S.C. § 1983. Represented by private counsel, plaintiff sought declaratory relief, injunctive relief, and damages. The class sought to represent individuals who were not charged with a crime, but nevertheless had their property seized and subjected to civil forfeiture proceedings. Plaintiff claimed that the State had a policy of indefinitely seizing property and allowing the City to hold it during civil forfeiture actions. Plaintiff further claimed that following the seizure of property, defendants failed to provide a timely post-deprivation hearing, in violation of the Fourth, Fifth, and Fourteenth Amendments. Plaintiff also alleged that defendants charged excessive fines, in violation of the Eighth Amendment. Plaintiff’s final claim was a conspiracy charge against all defendants, alleging that defendants colluded to violate her rights.

The case was assigned to Judge Terry F. Moorer. On January 3, 2020, the State filed a motion for judgment on the pleadings, and the City filed a motion to dismiss three days later. The State's primary argument included the Younger abstention, a Supreme Court doctrine that set out the criteria for when federal courts should abstain from hearing state court cases. The State argued that the criteria were met in this case, and the District Court should therefore abstain from hearing the case. The State also argued that Plaintiff had failed to state any valid constitutional claims. The State also asserted claim and issue preclusion, based on a case from the Northern District of Alabama that had similar facts (Sutton v Leesburg). The City adopted the State's grounds in its motion to dismiss and argued that the Younger abstention also applied to the conspiracy claim.

On September 29, 2021, the court granted the motions for judgment on the pleadings and to dismiss. 2021 WL 4477900. The court found that the Younger abstention did not apply, because there was no potential for federal interference when the state proceedings had been resolved. The court also found that there was no claim or issue preclusion, as Plaintiff was not a party to the Sutton case, and therefore did not have a full and fair opportunity to litigate the issue in that proceeding. 

The court then turned to the constitutional claims, beginning with the Fourth Amendment claim. The court determined that the initial seizure was supported by probable cause. and that plaintiff’s challenge focused on the lack of a prompt post-seizure probable cause hearing. The court found that Alabama state law provided an opportunity for plaintiff to execute a bond to reclaim her vehicle during the proceedings, and her failure to do so undermined her Fourth Amendment claim. The court emphasized that the Fifth Amendment did not apply to states in this context, which the plaintiff had already conceded. Regarding the Fourteenth Amendment due process claim, the court applied the test used by courts to determine whether a defendant's constitutional right to a speedy trial has been violated. The court found that plaintiff’s failure to take action, such as posting a bond or advancing the forfeiture case, contributed to the delay in proceedings. The court concluded that her due process claims failed as a matter of law under the test. Moving to the Eighth Amendment claim, the court addressed plaintiff's argument that the retention of her vehicle during civil forfeiture proceedings constituted an excessive fine. The court noted the lack of legal basis for this claim and emphasized that plaintiff’s success in the forfeiture case rendered the Eighth Amendment claim moot. Finally, the court considered plaintiff's conspiracy claim against the City. The court rejected the conspiracy claim since it was dependent on the success of the direct constitutional claims against the State, which the court had already determined to be without merit.

Plaintiff submitted an appeal to the United States Court of Appeals for the Eleventh Circuit a month later, on October 29, 2021. The appeal was dismissed in part and affirmed in part on July 11, 2022. 2022 WL 2663643. The Eleventh Circuit consolidated plaintiff’s appeal with the appeal in Sutton. The court concluded that the claims for injunctive relief were moot due to the return of the vehicles. The remaining monetary damages claims were dismissed, affirming the district courts' decisions.

Plaintiff appealed the decision to the United States Supreme Court on December 20, 2022. The Supreme Court agreed to hear the case (143 S.Ct. 1746) and oral argument was held on October 30, 2023. The Court's conservative majority seemed sympathetic to Alabama officials, with some justices signaling that they viewed Alabama's existing legal process as adequate, suggesting that property owners could jumpstart the process by promptly asking courts to issue summary judgment in their favor, or otherwise rule on an expedited basis. Liberal justices criticized what they deemed "abuses of the forfeiture system,” citing incentives that the police have to seize property.

As of January 2024, the Supreme Court’s decision remains pending.

Summary Authors

Simran Takhar (1/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16232902/parties/culley-v-marshall/


Judge(s)
Attorney for Plaintiff

Clark, Brian Michael (Alabama)

Lightner, Hansel Eli (Alabama)

Attorney for Defendant

Chynoweth, Brad Alan (Alabama)

Gaillard, Thomas O. (Alabama)

Howell, Laura Elizabeth (Alabama)

show all people

Documents in the Clearinghouse

Document
1

1:19-cv-00701

Class Action Complaint

Sept. 23, 2019

Sept. 23, 2019

Complaint
44

1:19-cv-00701

Memorandum Opinion and Order

Sept. 29, 2021

Sept. 29, 2021

Order/Opinion

2021 WL 2021

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16232902/culley-v-marshall/

Last updated March 19, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Satsuma, Alabama, Steve Marshall, Ashley Rich (Receipt number 46031051542, Fee Paid at Intake), filed by Halima Tariffa Culley. (Clark, Brian) (Additional attachment(s) added on 9/24/2019: # 1 Civil Cover Sheet) (mab). (Entered: 09/23/2019)

1 Civil Cover Sheet

View on PACER

Sept. 23, 2019

Sept. 23, 2019

Clearinghouse
2

Filing fee: $ 400.00, receipt number 46031051542 (mab) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
3

NOTICE of Filing Proposed Summons by Halima Tariffa Culley (Clark, Brian) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
4

Summonses Issued as to City of Satsuma, Alabama, Steve Marshall, Ashley Rich. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
5

SUMMONS Returned Executed by Halima Tariffa Culley. Steve Marshall served on 10/4/2019, answer due 10/25/2019 (Clark, Brian) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
6

SUMMONS Returned Executed by Halima Tariffa Culley. Ashley Rich served on 10/4/2019, answer due 10/25/2019 (Clark, Brian) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
7

NOTICE of Appearance by Thomas O. Gaillard, III on behalf of City of Satsuma, Alabama (Gaillard, Thomas) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
8

NOTICE of Appearance by William W. Watts, III on behalf of City of Satsuma, Alabama (Watts, William) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
9

Joint MOTION to Stay of All Defendants filed by Steve Marshall, Ashley Rich. (Attachments: # 1 Exhibit Sutton First Amended Class Action Complaint, # 2 Exhibit AG Marshall Motion to Dismiss Sutton Amended Complaint, # 3 Exhibit AG Marshall Brief in Support of Sutton Motion to Dismiss, # 4 Exhibit Sutton's Opposition to AG Marshall's Motion, # 5 Exhibit AG Marshall's Reply Brief in Sutton) (Chynoweth, Brad) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
10

Brief filed by Steve Marshall, Ashley Rich re 9 Joint MOTION to Stay of All Defendants filed by Steve Marshall, Ashley Rich. (Chynoweth, Brad) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
11

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Steve Marshall, Ashley Rich (Howell, Laura) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Motions Referred

Oct. 28, 2019

Oct. 28, 2019

PACER

MOTIONS REFERRED: 9 Defendants' Joint MOTION to Stay Referred to Judge Terry F. Moorer. (mab)

Oct. 28, 2019

Oct. 28, 2019

PACER

Document Referred

Oct. 29, 2019

Oct. 29, 2019

PACER

REFERRAL OF 10 Brief in Support of Joint Motion to Stay to Judge Moorer. (tot)

Oct. 29, 2019

Oct. 29, 2019

PACER
12

Order re: 9 Joint MOTION to Stay of All Defendants filed by Ashley Rich, Steve Marshall, Plaintiff is ORDERED to show cause by 11/15/2019, why this motion should not be granted. Any reply by Defendants is by 11/22/2019, after which the Court will take the motion under submission, as further set out. Signed by District Judge Terry F. Moorer on 10/30/2019. (clr) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
13

RESPONSE in Opposition re 9 Joint MOTION to Stay of All Defendants filed by Halima Tariffa Culley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Clark, Brian) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER

Document Referred

Nov. 15, 2019

Nov. 15, 2019

PACER

REFERRAL OF 13 Response to Motion to Stay to Judge Moorer. (tot)

Nov. 15, 2019

Nov. 15, 2019

PACER
14

REPLY to Response to Motion 9 filed by City of Satsuma, Alabama, Steve Marshall, Ashley Rich. (Howell, Laura) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER

Document Referred

Nov. 22, 2019

Nov. 22, 2019

PACER

REFERRAL OF 14 Defendants' Joint Reply in Support of Their 9 Motion to Stay to Judge Moorer. (mab)

Nov. 22, 2019

Nov. 22, 2019

PACER
15

Joint MOTION to Withdraw Defendants' Joint Motion to Withdraw Their Motion to Stay filed by Steve Marshall, Ashley Rich. (Chynoweth, Brad). Added MOTION for Extension of Time to File Answer on 12/12/2019 (mab). (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER

Motions Referred

Dec. 12, 2019

Dec. 12, 2019

PACER

MOTIONS REFERRED: 15 Defendants' Joint Motion to Withdraw Their 9 Motion to Stay and MOTION for Extension of Time to File Answer; Referred to Judge Terry F. Moorer. (mab)

Dec. 12, 2019

Dec. 12, 2019

PACER
16

TEXT-ONLY ORDER: The 15 Defendants' Joint Motion to Withdraw Their 9 Motion to Stay is GRANTED. Defendants' respective answers or other responsive pleadings shall be due no later than January 6, 2020. Signed by District Judge Terry F. Moorer on 12/13/2019. (mab) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER

Answer due deadline

Dec. 13, 2019

Dec. 13, 2019

PACER

Order

Dec. 13, 2019

Dec. 13, 2019

PACER

~Util - Terminate Motions

Dec. 13, 2019

Dec. 13, 2019

PACER
17

ANSWER to 1 Complaint, by Steve Marshall, Ashley Rich. (Chynoweth, Brad) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER

Document Referred

Jan. 3, 2020

Jan. 3, 2020

PACER

Motions Referred

Jan. 3, 2020

Jan. 3, 2020

PACER
18

MOTION for Judgment on the Pleadings filed by Steve Marshall, Ashley Rich. (Attachments: # 1 Exhibit Ex. 1 - Court Records (Criminal Case), # 2 Exhibit Ex. 2 - Court Records (Civil Case), # 3 Exhibit Ex. 3 - Alabama SJIS Case Detail of Civil Case, # 4 Exhibit Ex. 4 - Form Motion 1017) (Chynoweth, Brad) (Superseded by Doc. 33 ) Modified on 11/23/2020 (mab). (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
19

Brief filed by Steve Marshall, Ashley Rich re 18 MOTION for Judgment on the Pleadings filed by Steve Marshall, Ashley Rich. (Chynoweth, Brad) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER

REFERRAL OF 18 MOTION for Judgment on the Pleadings; and 19 Brief in Support to Judge Terry F. Moorer. (mab)

Jan. 3, 2020

Jan. 3, 2020

PACER
20

MOTION to Dismiss filed by City of Satsuma, Alabama. (Watts, William) (Superseded by Doc. 34 .) Modified on 11/24/2020 (mab). (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Motions Referred

Jan. 6, 2020

Jan. 6, 2020

PACER

MOTIONS REFERRED: 20 MOTION to Dismiss Referred to Judge Terry F. Moorer. (mab)

Jan. 6, 2020

Jan. 6, 2020

PACER
21

MOTION for Laura E. Howell to Withdraw as Attorney filed by Steve Marshall, Ashley Rich. (Howell, Laura) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER

Document Referred

Jan. 7, 2020

Jan. 7, 2020

PACER
22

NOTICE of Appearance by Brenton M. Smith on behalf of Steve Marshall, Ashley Rich (Smith, Brenton) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER

REFERRAL OF 21 MOTION for Laura E. Howell to Withdraw as Attorney to Judge Moorer. (tot)

Jan. 7, 2020

Jan. 7, 2020

PACER
23

TEXT-ONLY ORDER, GRANTING 21 Motion for Leave to Withdraw by Attorney Laura Elizabeth Howell. Signed by District Judge Terry F. Moorer on 1/8/2020. (mab) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER

Order on Motion to Withdraw as Attorney

Jan. 8, 2020

Jan. 8, 2020

PACER
24

Order re: 18 Motion for Judgment on the Pleadings filed by Ashley Rich, and Steve Marshall, 20 MOTION to Dismiss filed by City of Satsuma, Alabama. Plaintiff's response(s) to the motions due by 2/3/2020. Defendants' replies due by 2/10/2020. Signed by District Judge Terry F. Moorer on 1/14/2020. (mab) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
25

Memorandum in Opposition re 18 MOTION for Judgment on the Pleadings, 20 MOTION to Dismiss filed by Halima Tariffa Culley. (Clark, Brian) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
26

REPLY Brief filed by Defendants Steve Marshall, Ashley Rich re: 18 MOTION for Judgment on the Pleadings filed by Steve Marshall, Ashley Rich. (Chynoweth, Brad) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER

Document Referred

Feb. 10, 2020

Feb. 10, 2020

PACER

REFERRAL OF 25 Memorandum in Opposition re 18 Motion for Judgment on the Pleadings & 20 Motion to Dismiss; and 26 Reply Brief re: 18 Motion for Judgment on the Pleadings to Judge Moorer. (mab)

Feb. 10, 2020

Feb. 10, 2020

PACER
27

REPLY Brief filed by Defendant City of Satsuma, Alabama re: 20 MOTION to Dismiss filed by City of Satsuma, Alabama. (Watts, William) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER

REFERRAL OF 27 Reply Brief in Support of Motion to Dismiss to Judge Moorer. (tot)

Feb. 10, 2020

Feb. 10, 2020

PACER

Document Referred

Feb. 11, 2020

Feb. 11, 2020

PACER
28

NOTICE of Appearance by John M. White on behalf of All Plaintiffs (White, John) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
29

NOTICE of Appearance by Hansel Eli Lightner, II on behalf of All Plaintiffs (Lightner, Hansel) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
30

Unopposed Joint MOTION ro Leave to Supplement Briefing filed by Steve Marshall, Ashley Rich. (Attachments: # 1 Exhibit A - Order & Judgment, State v. Culley) (Smith, Brenton) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

MOTIONS REFERRED: 30 Unopposed Joint MOTION for Leave to Supplement Briefing; Referred to Judge Terry F. Moorer. (mab)

Nov. 6, 2020

Nov. 6, 2020

PACER

Motions Referred

Nov. 7, 2020

Nov. 7, 2020

PACER
31

TEXT-ONLY ORDER, GRANTING 30 Defendants' Unopposed Joint Motion for Leave to Supplement Briefing. Defendants' supplemental briefs are due by November 23, 2020. Plaintiff's responses are due by December 7, 2020. Defendants' replies are due by December 14, 2020. Signed by District Judge Terry F. Moorer on 11/9/2020. (mab) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER

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

Nov. 9, 2020

Nov. 9, 2020

PACER

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

Nov. 9, 2020

Nov. 9, 2020

PACER
32

NOTICE of Appearance by Kayla Wunderlich on behalf of Steve Marshall, Ashley Rich (Wunderlich, Kayla) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
33

Supplemental 18 MOTION for Judgment on the Pleadings with brief in support, filed by Steve Marshall, Ashley Rich. (Attachments: # 1 Exhibit A - Certified Records of Culley 1) (Smith, Brenton) Modified on 11/23/2020 (mab). (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
34

Supplemental Motion to Dismiss and Brief in Support filed by City of Satsuma, Alabama. (Gaillard, Thomas) Modified on 11/24/2020 (mab). (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER

MOTIONS REFERRED: 34 Supplemental MOTION to Dismiss and brief in support Referred to Judge Terry F. Moorer. (mab)

Nov. 24, 2020

Nov. 24, 2020

PACER

Motions Referred

Nov. 24, 2020

Nov. 24, 2020

PACER
35

RESPONSE to 34 Supplemental MOTION to Dismiss and brief in support, 33 Supplemental MOTION for Judgment on the Pleadings filed by Halima Tariffa Culley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Clark, Brian) Modified on 12/14/2020 (mab). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

REFERRAL OF 35 Response to 34 Supplemental MOTION to Dismiss and brief in support, and 33 Supplemental MOTION for Judgment on the Pleadings to Judge Moorer. (mab) Modified on 12/14/2020 (mab).

Dec. 14, 2020

Dec. 14, 2020

PACER
36

Joint MOTION to Strike 35 Reply, or, in the alternative, for Extension of Time to Reply filed by Steve Marshall, Ashley Rich. (Smith, Brenton). Added MOTION for Extension of Time to File Reply on 12/14/2020 (mab). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

MOTIONS REFERRED: 36 Joint MOTION to Strike 35 Reply, or, in the alternative, for Extension of Time to Reply Referred to Judge Terry F. Moorer. (mab)

Dec. 14, 2020

Dec. 14, 2020

PACER
37

ORDER, DENYING 36 Motion to Strike; GRANTING Motion for Extension of Time; EXTENDING Defendants' deadline to file replies to the response to the supplemental motions (Docs. 33 & 34 ) to 12/30/2020; and directing the Clerk to correct docket text associated with Document 35 to reflect that it is Response. Signed by District Judge Terry F. Moorer on 12/14/2020. (mab) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
38

Corrected Response to Supplemental Brief in Support of the State Defendants' 33 Motion for Judgment on the Pleadings, and the City of Satsuma's 34 Supplemental Brief in Support of Motion to Dismiss, filed by Halima Tariffa Culley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Clark, Brian) Modified on 12/15/2020 (mab). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

Document Referred

Dec. 14, 2020

Dec. 14, 2020

PACER

Motions Referred

Dec. 14, 2020

Dec. 14, 2020

PACER

REFERRAL OF 38 Corrected Response to Supplemental Brief in Support of the State Defendants' 33 Motion for Judgment on the Pleadings, and the City of Satsuma's 34 Supplemental Brief in Support of Motion to Dismiss to Judge Moorer. (mab)

Dec. 15, 2020

Dec. 15, 2020

PACER

Document Referred

Dec. 15, 2020

Dec. 15, 2020

PACER
39

REPLY to Response to Motion 33 filed by Steve Marshall, Ashley Rich. (Smith, Brenton) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER

REFERRAL OF 39 Reply in Support of 33 Supplemental MOTION for Judgment on the Pleadings to Judge Moorer. (mab)

Dec. 29, 2020

Dec. 29, 2020

PACER

Document Referred

Dec. 29, 2020

Dec. 29, 2020

PACER
40

MOTION for Kayla M. Wunderlich to Withdraw as Attorney filed by Steve Marshall, Ashley Rich. (Wunderlich, Kayla) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

MOTIONS REFERRED: 40 MOTION for Kayla M. Wunderlich to Withdraw as Attorney Referred to Judge Terry F. Moorer. (mab)

June 11, 2021

June 11, 2021

PACER

Motions Referred

June 11, 2021

June 11, 2021

PACER
41

TEXT-ONLY ORDER: Attorney Kayla M. Wunderlich's 40 Motion to Withdraw as Counsel for Attorney General Steve Marshall and District Attorney Ashley Rich is GRANTED. Signed by District Judge Terry F. Moorer on 7/7/21. (tot) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER

Order on Motion to Withdraw as Attorney

July 7, 2021

July 7, 2021

PACER
42

NOTICE by Steve Marshall, Ashley Rich (Defendants' Joint Notice of Supplemental Authority) (Attachments: # 1 Exhibit A - Sutton III Summary Judgment Memorandum Opinion and Order, # 2 Exhibit B - Sutton III Motion to Dismiss Memorandum Opinion and Order) (Smith, Brenton) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

REFERRAL OF 42 Defendants' Joint Notice of Supplemental Authority to Judge Moorer. (Note: need notice of endorsement from Attorney Gaillard.) (mab)

Sept. 17, 2021

Sept. 17, 2021

PACER

Document Referred

Sept. 17, 2021

Sept. 17, 2021

PACER
43

NOTICE of Endorsement by City of Satsuma, Alabama re: 42 Notice (Other), (Gaillard, Thomas) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER

REFERRAL OF 43 Notice of Endorsement to Judge Moorer. (tot)

Sept. 20, 2021

Sept. 20, 2021

PACER

Document Referred

Sept. 20, 2021

Sept. 20, 2021

PACER
44

MEMORANDUM OPINION & ORDER, Dfts Marshall & Rich's 18, 33 Motion for Judgment on the Pleadings, as supplemented, & Dft City of Satsuma, Alabama's 20, 34 Motion to Dismiss, as supplemented, are GRANTED as set out. Plf's individual claims are DISMISSED w/prejudice as set out, & the class claims are DISMISSED w/prejudice as to refiling by this Plf as set out, but DISMISSED without prejudice as to any other potential plfs as set out. Signed by District Judge Terry F. Moorer on 9/29/21. (tot) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

Clearinghouse
45

JUDGMENT in favor of Dfts & against Plf Halima Tariffa Culley, & all of Plf's claims are DISMISSED w/prejudice. The Clerk is DIRECTED to enter this document as a final judgment as set out. Signed by District Judge Terry F. Moorer on 9/29/21. (tot) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

RECAP
46

NOTICE OF APPEAL as to 45 Judgment, 44 Order on Motion for Judgment on the Pleadings,,, Order on Motion to Dismiss,, by Halima Tariffa Culley. (Clark, Brian) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
47

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 46 Notice of Appeal. No other appeals. Judge Appealed: Terry F. Moorer. Fee not paid. (cjr) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
48

Appeal Instructions re: 46 Notice of Appeal : The Civil Appeal Statement Form is available on the Internet at www.ca11.uscourts.gov. Transcript Information Form to be filed no later than 11/12/2021. (cjr) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
49

NOTICE of Docketing Record on Appeal from USCA re 46 Notice of Appeal filed by Halima Tariffa Culley. USCA Case Number 21-13805. (cjr) (Entered: 11/02/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
50

TRANSCRIPT INFORMATION FORM filed by Halima Tariffa Culley re: 46 Notice of Appeal. (Clark, Brian) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
51

USCA Appeal Fees received. $ 505, receipt number 46031057238 re 46 Notice of Appeal filed by Halima Tariffa Culley; USCA Case Number 21-13805 (meh) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Alabama certifies that the record is complete for purposes of this appeal re: 46 Notice of Appeal, Appeal No. 21-13805. The entire record on appeal is available electronically. (srd)

Feb. 11, 2022

Feb. 11, 2022

PACER

Electronic Availability of ROA

Feb. 11, 2022

Feb. 11, 2022

PACER
52

JUDGMENT of USCA as to 46 Notice of Appeal filed by Halima Tariffa Culley. DISMISSED IN PART; AFFIRMED IN PART. USCA Case No. 21-13805. (Mandate to issue at later date.) (cjr) (Entered: 07/12/2022)

July 11, 2022

July 11, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An Alabama resident whose car was seized following her son’s arrest on behalf of a putative class of individuals whose property had been seized, subjected to civil forfeiture proceedings, and who were not charged with a crime.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Attorney General of Alabama, State

District Attorney for the 13th Judicial Circuit of Alabama, State

City of Satsuma, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Excessive bail/fines

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Courts

Forfeiture

Test or device

Timeliness of case assignment