Case: Harris v. Dobbins

3:22-cv-00479 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 16, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the discriminatory practices of a police department in Lexington, Mississippi. On August 16, 2022, five residents of Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the interim chief of police of Lexington, Mississippi and the former chief of police of Lexington, Sam Dobbins, in his individual capacity under 42 U.S.C. § 1983. Represented by private counsel, JULIAN, and the National Police Accountability…

This is a case about the discriminatory practices of a police department in Lexington, Mississippi. On August 16, 2022, five residents of Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the interim chief of police of Lexington, Mississippi and the former chief of police of Lexington, Sam Dobbins, in his individual capacity under 42 U.S.C. § 1983. Represented by private counsel, JULIAN, and the National Police Accountability Project, the plaintiffs sought declaratory and injunctive relief as well as compensatory and punitive damages. 

The case was assigned to Judge Tom Stewart Lee and Magistrate Judge Michael T. Parker. The plaintiffs claimed that Black citizens faced discriminatory treatment by the Lexington Police Department. Black citizens were constantly subjected to unreasonable searches and seizures and arrests without cause in retaliation for speaking out about the difference in treatment. Black drivers were also regularly stopped during roadblocks set up in predominantly Black neighborhoods while white drivers were allowed to pass through without stopping. The plaintiffs also brought their claims against Dobbins, the former chief of police, who had been fired after being taped uttering racial slurs and homophobic remarks. The plaintiffs alleged that even though Dobbins had been fired he continued to torment Black residents and had been seen riding around in the passenger seat of police department cars with on-duty officers. They alleged that Dobbins had instructed the new interim police chief on how to continue his discriminatory practices against the Black residents of Lexington.  

First, the plaintiffs alleged that the equal protection clause of the Fourteenth Amendment had been violated. The plaintiffs argued that the defendants’ unequal treatment of white citizens versus Black citizens was clear through the use of roadblocks only in Black neighborhoods as well as through their lack of stopping white citizens who proceeded through roadblocks without questioning. Second, the plaintiffs argued that their Fourth Amendment right to no unreasonable searches and seizures had been violated by the roadblocks conducted by the defendants without probable cause. Each plaintiff listed in the complaint had, at one point, been arrested by the defendants for a crime that they lacked the conduct for. Third, the plaintiffs alleged that their Fourteenth Amendment right to travel freely under the privileges and immunities clause had also been violated. The plaintiffs argued that the defendants’ practice of imposing fines upon Black travelers through false arrests impeded their right to travel freely. The suspicionless stops and constant roadblocks also interfered with this right. Fourth, the defendants had violated the plaintiffs freedom of speech by retaliating against them for advocating for improved police services. In count five, the plaintiffs claimed that their Fourth Amendment right to be free of excessive force was violated when the defendants assaulted the plaintiffs when they were not actively resisting officer commands. Count six asserted the same right under the Fourteenth Amendment due process right that protects pretrial detainees from the use of excessive force. Lastly, count seven alleged that Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, had been violated. 

On August 17, 2022, the plaintiffs filed a motion for a temporary restraining order and for a preliminary injunction. The plaintiffs asked the court for an immediate temporary restraining order that would block the Lexington Police Department from continuing its violation of the plaintiffs’ constitutional rights. 

On September 13, 2022, the court denied the plaintiffs’ motion for a temporary restraining order, finding that the plaintiffs had failed to provide evidence that showed a substantial likelihood of success on any of their claims. 2022 WL 4229321. 

On October 3, 2022, the plaintiffs filed an amended complaint that added four Lexington police officers to the list of defendants. 

On October 17, 2022, defendant Dobbins filed a motion for judgment on the pleadings and for the court to dismiss the amended complaint against him. The defendant argued that the plaintiffs brought their complaint based on policies and practices that he had instituted as Chief of Police, a position he no longer held and therefore could not be held individually liable for. 

On November 8, 2022, the rest of the defendants filed a motion for judgment on the pleadings or, in the alternative, summary judgment.  

On April 11, 2023, the court granted in part and denied in part the motions for judgment on the pleadings. The court addressed each plaintiffs’ claims separately.

First, the court addressed the plaintiffs’ Fourth amendment claims for false arrest. Plaintiff A’s claim was sustained. Plaintiff A was simply standing outside the station and no reasonable officer would have included that he had an intent to “provoke a breach of peace.” Plaintiff B’s claim was dismissed. Plaintiff B was arrested because of pills found in his car that were not prescribed to him which he does not dispute and therefore the officers had probable cause to arrest him. Next, Plaintiff C’s claim was dismissed. The court found that there was probable cause for both of the arrests that were brought forth in the complaint. Lastly, the court found that there was probable cause for the arrests of Plaintiff D and E. 

Next, the court considered the plaintiffs’ First amendment claim regarding retaliatory arrest/detention. Plaintiff A’s claim was dismissed. The court determined that it was reasonable at the time of his arrest for officers to conclude that his speech was not on a matter of public concern and therefore was not protected by the First Amendment. Plaintiff A had alleged that his questions regarding his sister’s bail were protected, but the court disagreed. The claims of Plaintiffs B, C, D, and E were dismissed as well. The court found that there was probable cause for these plaintiffs’ arrests and therefore could not have been retaliatory nor in violation of their First Amendment rights. The court granted the defendants’ motions on all of the Fourth/Fourteenth Amendment excessive force complaints, finding that either the officer was protected by qualified immunity or the use of force was not excessive. 

The plaintiffs had brought three different claims under equal protections. First, the plaintiffs argued that the defendants had targeted the Black residents for municipal code enforcement. The court dismissed this claim because only Plaintiff D had brought forth allegations under this claim. The court found that both white residents and Black residents had been treated equally within these allegations. 

Second, the plaintiffs alleged that the defendants had singled out Black residents for arrests without probable cause and retaliation. The court dismissed this argument as well, finding the plaintiffs' argument that the defendants failed to arrest white residents without probable cause lacked merit. In addition, only one plaintiff's false arrest claim had been sustained by the court.  Therefore, the court concluded that the plaintiffs had not made a showing that there was a pattern of arrests without probable cause. 

Third, the plaintiffs argued that the defendants had erected roadblocks to conduct illegal searches and seizures exclusively in predominantly Black neighborhoods while permitting white drivers to pass through without being stopped. The court first found that only Plaintiff B had standing since he was the only one that had actually been stopped at a roadblock. The court found that the plaintiff had brought a cognizable claim under the Fourth Amendment as the purposes brought forward for the roadblocks were impossible. Purposes such as general crime deterrence and generation of fine revenues were found impermissible purposes by the court. Plaintiff B’s equal protection claim was sustained as well. The right to travel argument was dismissed by the court, however, because there is no intrastate right to travel. 

Lastly, the plainitffs’ Title VI claim was dismissed because plaintiffs had not alleged that the city of Lexington received federal financial assistance which was requisite to bring the claim. 

After the court’s order, the only remaining claims were Plaintiff A’s Fourth Amendment claim for false arrest as well as Plaintiff B’s claim for damages and injunctive relief based on the violations of his Fourth and Fourteenth Amendment equal protection rights as to the roadblocks. 2023 WL 2899994. 

On May 24, 2023, the court severed the claims of Plaintiff B from Plaintiff A. The new docket number for Plaintiff B was 3:23-CV-00333. 

As of November 16, 2023, this case was ongoing. 

 

Summary Authors

Rhea Sharma (11/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64895634/parties/harris-v-dobbins/


Judge(s)

Lee, Tom Stewart (Mississippi)

Attorney for Plaintiff

Bellinder, Thomas J. (Mississippi)

Attorney for Defendant

Bland, Mallory K. (Mississippi)

Butler, Gregory Todd (Mississippi)

Griffith, Daniel J. (Mississippi)

show all people

Documents in the Clearinghouse

Document
1

3:22-cv-00479

Complaint For Declaratory And Injunctive Relief And Individual Damages

Aug. 16, 2022

Aug. 16, 2022

Complaint
42

3:22-cv-00479

Memorandum Opinion and Order

Sept. 13, 2022

Sept. 13, 2022

Order/Opinion
46

3:22-cv-00479

First Amended Complaint For Declaratory And Injunctive Relief and Individual Damages

Oct. 3, 2022

Oct. 3, 2022

Complaint
95

3:22-cv-00479

Memorandum Opinion and Order

April 11, 2023

April 11, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64895634/harris-v-dobbins/

Last updated Dec. 2, 2023, 1:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against the City of Lexington, Sam Dobbins, Charles Henderson, and the Lexington Police Department (Filing fee $402 receipt number AMSSDC-4911460), filed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond. (Attachments: # 1 Civil Cover Sheet)(VM) Modified on 8/18/2022 (VM). (Entered: 08/16/2022)

1 Civil Cover Sheet

View on PACER

Aug. 16, 2022

Aug. 16, 2022

Clearinghouse
2

AFFIDAVIT re 1 Complaint, by Robert Harris (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 17, 2022

Aug. 17, 2022

PACER
3

AFFIDAVIT re 1 Complaint, by Peter Reeves (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER

Docket Annotation

Aug. 17, 2022

Aug. 17, 2022

PACER
4

AFFIDAVIT re 1 Complaint, by Malcolm Stewart (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
5

AFFIDAVIT re 1 Complaint, by Darius Harris (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
6

AFFIDAVIT re 1 Complaint, by Eric Redmond (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
7

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
8

MEMORANDUM IN SUPPORT re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
9

MOTION for Jill Jefferson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4913489) by Jill Jefferson (Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

RECAP
10

MOTION to Amend/Correct, MOTION for Keisha James to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4913494) by Keisha James (Attachments: # 1 Exhibit - DC Cert, # 2 Exhibit - NY Cert)(Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
11

MOTION for Lauren Bonds to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4913509) by Lauren Bonds (Attachments: # 1 Exhibit - TX Cert, # 2 Exhibit - KS Cert)(Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
12

MOTION for Eliana Machefsky to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4913523) by Eliana Machefsky (Attachments: # 1 Exhibit - CA Cert)(Bellinder, Thomas) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER

TEXT ONLY ORDER granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice. Jill Jefferson, Keisha James, Lauren Bonds, and Eliana Machefsky are hereby admitted pro hac vice upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on August 17, 2022 (KPM)

Aug. 17, 2022

Aug. 17, 2022

PACER

DOCKET ANNOTATION as to # 10 : Motion to Amend/Correct inadvertently selected. Motion to Amend/Correct has been terminated. (KNS)

Aug. 17, 2022

Aug. 17, 2022

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Aug. 17, 2022

Aug. 17, 2022

PACER
13

Summons Issued as to City of Lexington, Sam Dobbins, Charles Henderson, Lexington Police Department. (VM) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
14

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Robert Harris. Charles Henderson served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/30/2022 (KNS). (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

Docket Annotation

Aug. 30, 2022

Aug. 30, 2022

PACER
15

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Robert Harris. Lexington Police Department served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/30/2022 (KNS). (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

Order

Aug. 30, 2022

Aug. 30, 2022

PACER
16

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Robert Harris. City of Lexington served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/30/2022 (KNS). (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

Notice of Hearing on Motion

Aug. 30, 2022

Aug. 30, 2022

PACER
17

***ERROR***DISREGARD THIS ENTRY***SUMMONS Returned Executed by Robert Harris. Sam Dobbins served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/30/2022 (KNS). (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

DOCKET ANNOTATION as to #s [14 - 17]: Proof of Service of a summons should be completed and filed, as issued, using AO form 440. Attachment of proof of process server is not sufficient without completed proof. Attorney is directed to refile using AO form 440 and may attach proof of process server as an exhibit with a description. Additionally, these docket entries fail to select all filing parties. Attorney is directed to select all filing parties in future filings. (KNS)

Aug. 30, 2022

Aug. 30, 2022

PACER

TEXT ONLY ORDER- Response of City of Lexington defendants is due to be filed on or before 5:00 p.m. on Wednesday, September 7, 2022. Hearing on plaintiff's motion for a TRO is set for Friday, September 9, 2022 at 9:00 a.m. Signed by District Judge Tom S. Lee on August 30, 2022. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)

Aug. 30, 2022

Aug. 30, 2022

PACER

NOTICE of Hearing on 7 MOTION for Temporary Restraining Order- Motion Hearing set for 9/9/2022 09:00 AM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee (DCL)

Aug. 30, 2022

Aug. 30, 2022

PACER
18

NOTICE of Appearance by Gregory Todd Butler on behalf of City of Lexington, Charles Henderson (Butler, Gregory) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
19

NOTICE of Appearance by William T. Siler, Jr on behalf of City of Lexington, Charles Henderson (Siler, William) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
20

SUMMONS Returned Executed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond. Charles Henderson served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/31/2022 (KNS). (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
21

SUMMONS Returned Executed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond. Lexington Police Department served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/31/2022 (KNS). (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
22

SUMMONS Returned Executed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond. City of Lexington served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/31/2022 (KNS). (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
23

SUMMONS Returned Executed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond. Sam Dobbins served on 8/22/2022, answer due 9/12/2022. (Bellinder, Thomas) Modified on 8/31/2022 (KNS). (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
24

NOTICE of Appearance by Mallory K. Bland on behalf of City of Lexington, Charles Henderson (Bland, Mallory) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
25

NOTICE of Appearance by Daniel J. Griffith on behalf of Sam Dobbins (Griffith, Daniel) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
26

NOTICE of Appearance by Bethany A. Tarpley on behalf of Sam Dobbins (Tarpley, Bethany) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
27

NOTICE OF INTENT TO SERVE SUBPOENA by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Attachments: # 1 Exhibit - Subpoena)(Bellinder, Thomas) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER

Docket Annotation

Sept. 7, 2022

Sept. 7, 2022

PACER
28

Response in Opposition re 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Bellinder, Thomas) filed by City of Lexington, Charles Henderson (Attachments: # 1 Exhibit A - Declaration of Mayor Robin McCrory, # 2 Exhibit B - Declaration of Chief Charles Henderson, # 3 Exhibit D - Fireworks Ordinance, # 4 Exhibit F - Harris Brothers Arrest Documents, # 5 Exhibit G - January 18, 2022 Warrant Affidavits and Warrants, # 6 Exhibit H - Reeves Arrest Documents, # 7 Exhibit I - Stewart Arrest Documents, # 8 Exhibit Redmond Arrest Documents, # 9 Exhibit L - Walter Pitchford Affidavit)(Butler, Gregory) (Entered: 09/07/2022)

1 Exhibit A - Declaration of Mayor Robin McCrory

View on PACER

2 Exhibit B - Declaration of Chief Charles Henderson

View on PACER

3 Exhibit D - Fireworks Ordinance

View on PACER

4 Exhibit F - Harris Brothers Arrest Documents

View on PACER

5 Exhibit G - January 18, 2022 Warrant Affidavits and Warrants

View on PACER

6 Exhibit H - Reeves Arrest Documents

View on PACER

7 Exhibit I - Stewart Arrest Documents

View on PACER

8 Exhibit Redmond Arrest Documents

View on PACER

9 Exhibit L - Walter Pitchford Affidavit

View on PACER

Sept. 7, 2022

Sept. 7, 2022

PACER
29

MEMORANDUM IN SUPPORT of 28 Response in Opposition re 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by City of Lexington, Charles Henderson . (Butler, Gregory) Modified on 9/7/2022 (KNS). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP

DOCKET ANNOTATION as to # 29 : Incorrect linkage made. Memorandum should be linked to MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (KNS)

Sept. 7, 2022

Sept. 7, 2022

PACER
30

NOTICE OF CONVENTIONAL FILING filed by City of Lexington, Charles Henderson. (VM) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
31

EXHIBIT(S) - DVD-R containing Exhibit "C" - Hooker Recording of Sam Dobbins; Exhibit "E" - Harris Brothers Video; Exhibit "J" - Stewart Video; and Exhibit "M" - Harrison Keys Video to 28 Response in Opposition was received and is being held in the Clerk's vault. Related document: 30 Notice of Conventional Filing filed by City of Lexington and Charles Henderson.(VM) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
32

Subpoena Returned Executed as to Sheriff Willie Marsh. (Bellinder, Thomas) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

Docket Annotation

Sept. 8, 2022

Sept. 8, 2022

PACER
33

***ERROR***DISREGARD THIS ENTRY***REPLY to Response to Motion re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Keisha James (Attachments: # 1 Exhibit Lexington Profanity Ordinance, dated July 2, 1963)(James - PHV, Keisha) Modified on 9/9/2022 (KNS). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

DOCKET ANNOTATION as to # 33 : Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney's password issued by the court combined with the user's identification (login) serves as the attorney's signature for Rule 11 and other purposes. Attorneys should not permit other attorneys to use their login and password forany ECF filing. Document #33 will be disregarded and the attorney with theelectronic signature on the document should re-file document.Additionally, this docket entry fails to select correct filing parties. Attorney is directed to select correct filing parties in future filings. (KNS)

Sept. 8, 2022

Sept. 8, 2022

PACER
34

REPLY to Response to Motion re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Attachments: # 1 Exhibit Lexington Profanity Ordinance)(James - PHV, Keisha) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

Docket Annotation

Sept. 9, 2022

Sept. 9, 2022

PACER

DOCKET ANNOTATION as to # 34 : Attorney is advised to include the judge assignment TSL-MTP on future filed pleadings. (KNS)

Sept. 9, 2022

Sept. 9, 2022

PACER

Motion Hearing

Sept. 9, 2022

Sept. 9, 2022

PACER

Minute Entry for proceedings held before District Judge Tom S. Lee: Motion Hearing held on 9/9/2022 re 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Darius Harris, Robert Harris, Eric Redmond, Malcolm Stewart, Peter Reeves. Participants: For the Plaintiffs: Jill Collen Jefferson, Keisha James, Lauren Bonds and Thomas Bellinder. For the Defendants: Gregory Todd Butler, Mallory K. Bland and William T. Siler, Jr. Testimony and evidence presented. The Court is taking the motion under advisement and a written opinion will be forthcoming. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601-540-5482. (NL)

Sept. 9, 2022

Sept. 9, 2022

PACER
35

Witness List to Motion Hearing held 9-9-2022 as to Docket No. 7. (NL) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER

Defendant's Exhibit to TRO hearing (flash drive) placed in vault. (KNS)

Sept. 9, 2022

Sept. 9, 2022

PACER
36

***STRICKEN FROM THE RECORD***AFFIDAVIT in Support re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Darius Harris, Robert Harris, Keisha James, Jill Jefferson, Eliana Machefsky, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) Modified on 9/12/2022 (KNS). (Entered: 09/10/2022)

Sept. 10, 2022

Sept. 10, 2022

RECAP

Order

Sept. 10, 2022

Sept. 10, 2022

PACER
37

***STRICKEN FROM THE RECORD***AFFIDAVIT in Support re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Affidavit of Adam Koehler filed by Darius Harris, Robert Harris, Keisha James, Jill Jefferson, Eliana Machefsky, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) Modified on 9/12/2022 (KNS). (Entered: 09/10/2022)

Sept. 10, 2022

Sept. 10, 2022

RECAP
38

***STRICKEN FROM THE RECORD***AFFIDAVIT in Support re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Affidavit of Suzy Jones filed by Darius Harris, Robert Harris, Keisha James, Jill Jefferson, Eliana Machefsky, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) Modified on 9/12/2022 (KNS). (Entered: 09/10/2022)

Sept. 10, 2022

Sept. 10, 2022

RECAP
39

***STRICKEN FROM THE RECORD***AFFIDAVIT in Support re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Affidavit of Brittany Dean filed by Darius Harris, Robert Harris, Keisha James, Jill Jefferson, Eliana Machefsky, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) Modified on 9/12/2022 (KNS). (Entered: 09/10/2022)

Sept. 10, 2022

Sept. 10, 2022

RECAP

TEXT ONLY ORDER- It is hereby ordered that the affidavits filed this date [docket nos. 36-39] in support of plaintiffs' motion for a temporary restraining order are sua sponte stricken from the record. The record related to this motion was closed at the conclusion of the hearing on September 9, 2022. Signed by District Judge Tom S. Lee on September 10, 2022. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)

Sept. 10, 2022

Sept. 10, 2022

PACER

Docket Annotation

Sept. 12, 2022

Sept. 12, 2022

PACER

DOCKET ANNOTATION as to #s [36 - 39]: Documents are ***STRICKEN FROM THE RECORD*** per TOO of 09/10/2022. (KNS)

Sept. 12, 2022

Sept. 12, 2022

PACER
40

ANSWER to 1 Complaint, and Affirmative Defenses by City of Lexington, Charles Henderson.(Bland, Mallory) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
41

AFFIRMATIVE DEFENSES AND ANSWER to 1 Complaint, by Sam Dobbins.(Tarpley, Bethany) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
42

ORDER denying 7 Motion for TRO; denying 7 Motion for Preliminary Injunction Signed by District Judge Tom S. Lee on 09/13/2022 (CP) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

Clearinghouse
43

Exhibit List to TRO Motion held 9-9-22. (Attachments: # 1 Exhibit P4, # 2 Exhibit P7, # 3 Exhibit DN)(NL) (Main Document 43 replaced on 9/14/2022 to correct case number) (KNS). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
44

Rule 16(a) Initial Order: Telephonic Case Management Conference set for 10/24/2022 1:30 PM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 10/17/22. (KPM) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
45

***ERROR***DISREGARD THIS ENTRY***AMENDED COMPLAINT by all Plaintiffs against All Defendants, filed by Robert Harris.(Bonds - PHV, Lauren) Modified on 10/3/2022 (KNS). (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER

Docket Annotation

Oct. 3, 2022

Oct. 3, 2022

PACER
46

AMENDED COMPLAINT against All Defendants, filed by Darius Harris, Malcolm Stewart, Peter Reeves, Robert Harris, Eric Redmond.(Bonds - PHV, Lauren) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

Clearinghouse

DOCKET ANNOTATION as to # 45 : Amended Complaint correctly re-filed, Doc. 46. (KNS)

Oct. 3, 2022

Oct. 3, 2022

PACER
47

Summons Issued as to Cordarius Epps, Justin Newell, Derrick Scott, James Shiers. (VM) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
48

ANSWER to 46 Amended Complaint by City of Lexington, Charles Henderson, Lexington Police Department.(Bland, Mallory) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

RECAP
49

AFFIRMATIVE DEFENSES AND ANSWER to 46 Amended Complaint by Sam Dobbins.(Tarpley, Bethany) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
50

ATTACHMENT re 49 Answer to Amended Complaint Exhibit A Hearing Transcript by Sam Dobbins (Tarpley, Bethany) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
51

MOTION for Judgment on the Pleadings by Sam Dobbins (Tarpley, Bethany) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
52

MEMORANDUM IN SUPPORT re 51 MOTION for Judgment on the Pleadings filed by Sam Dobbins (Tarpley, Bethany) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
53

Unopposed MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Judgment on the Pleadings by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Attachments: # 1 Exhibit Email from B. Tarpley to K. James)(James - PHV, Keisha) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 24, 2022

Oct. 24, 2022

PACER

Terminate Deadlines and Hearings

Oct. 24, 2022

Oct. 24, 2022

PACER

TEXT ONLY ORDER granting 53 Unopposed Motion for Extension of Time to File Response to 51 MOTION for Judgment on the Pleadings. Response due by 11/7/2022 Reply due by 11/14/2022 Signed by District Judge Tom S. Lee on 10/24/2022 (CP)

Oct. 24, 2022

Oct. 24, 2022

PACER
54

ORDER staying discovery and disclosure requirements pending a ruling on the Motion for Judgment on the Pleadings and cancelling the case management conference set 10/24/22. Signed by Magistrate Judge Michael T. Parker on October 24, 2022 (KPM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER

***Hearings terminated (10/24/22 TCMC) (KPM)

Oct. 24, 2022

Oct. 24, 2022

PACER
55

SUMMONS Returned Executed by Malcolm Stewart, Robert Harris, Darius Harris, Peter Reeves, Eric Redmond. Cordarius Epps served on 10/18/2022, answer due 11/8/2022. (Bellinder, Thomas) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
56

SUMMONS Returned Executed by Malcolm Stewart, Robert Harris, Darius Harris, Peter Reeves, Eric Redmond. Derrick Scott served on 10/19/2022, answer due 11/9/2022. (Bellinder, Thomas) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
57

SUMMONS Returned Executed by Malcolm Stewart, Robert Harris, Darius Harris, Peter Reeves, Eric Redmond. James Shiers served on 10/18/2022, answer due 11/8/2022. (Bellinder, Thomas) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
58

SUMMONS Returned Executed by Malcolm Stewart, Robert Harris, Darius Harris, Peter Reeves, Eric Redmond. Justin Newell served on 10/19/2022, answer due 11/9/2022. (Bellinder, Thomas) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
59

RESPONSE in Opposition re 51 MOTION for Judgment on the Pleadings filed by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER

Docket Annotation

Nov. 7, 2022

Nov. 7, 2022

PACER
60

MOTION for Discovery Lift Stay Order Staying Discovery by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Bonds - PHV, Lauren) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
61

MEMORANDUM in Support re 60 MOTION for Discovery Lift Stay Order Staying Discovery filed by Darius Harris, Robert Harris, Eric Redmond, Peter Reeves, Malcolm Stewart (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-1, # 3 Exhibit 1-2, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Bonds - PHV, Lauren) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER

DOCKET ANNOTATION as to # 61 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (KNS)

Nov. 7, 2022

Nov. 7, 2022

PACER
62

ANSWER to 46 Amended Complaint and Affirmative Defenses by Cordarius Epps, Justin Newell, Derrick Scott, James Shiers.(Bland, Mallory) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
63

Joinder in Document by City of Lexington, Cordarius Epps, Charles Henderson, Lexington Police Department, Justin Newell, Derrick Scott, James Shiers to 51 MOTION for Judgment on the Pleadings filed by Sam Dobbins, 52 Memorandum in Support filed by Sam Dobbins (Bland, Mallory) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER

Docket Annotation

Nov. 8, 2022

Nov. 8, 2022

PACER

***ERROR***DISREGARD THIS ENTRY***DOCKET ANNOTATION as to # 63 : Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (KNS) Modified on 11/8/2022 (KNS).

Nov. 8, 2022

Nov. 8, 2022

PACER
64

NOTICE of Appearance by Gregory Todd Butler on behalf of Cordarius Epps, Lexington Police Department, Justin Newell, Derrick Scott, James Shiers (Butler, Gregory) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
65

NOTICE of Appearance by William T. Siler, Jr on behalf of Cordarius Epps, Lexington Police Department, Justin Newell, Derrick Scott, James Shiers (Siler, William) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
66

MOTION for Judgment on the Pleadings or, Alternatively, for Summary Judgment by City of Lexington, Cordarius Epps, Charles Henderson, Lexington Police Department, Justin Newell, Derrick Scott, James Shiers (Butler, Gregory). Added MOTION for Summary Judgment on 11/8/2022 (KNS). (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Policing

Key Dates

Filing Date: Aug. 16, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five Black residents of Mississippi.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sam Dobbins, Private Entity/Person

Interm Chief of Police (Holmes), City

City of Lexington (Holmes), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Right to travel

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Pattern or Practice

Racial profiling

Policing:

Traffic Stops

False arrest

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Black