Case: Abbate v. Ramsey

1:03-cv-00767 | U.S. District Court for the District of District of Columbia

Filed Date: March 27, 2003

Closed Date: Jan. 24, 2005

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Case Summary

This case concerns the legality of the mass arrests and detentions of anti-war demonstrators conducted by the District of Columbia Metropolitan Police Department (“MPD”). On March 27, 2003, five individual protestors filed a putative class action lawsuit in the United States District Court for the District of Columbia, on behalf of the more than 400 people who were surrounded, arrested, and detained while demonstrating in Pershing Park. Represented by the ACLU of the National Capital Area, the National Lawyers Guild, and private counsel, the plaintiffs sued the MPD Chief (“Chief”) and the District of Columbia (“District”) under 42 U.S.C. § 1983 and the District’s municipal code. The complaint alleged that the MPD surrounded protestors and arrested and detained them for “failure to obey a police order,” even though the MPD never ordered the protestors to disperse.

Specifically, the plaintiffs alleged that the MPD violated their First Amendment rights to free speech and assembly by preventing them from demonstrating; the MPD violated the Fourth Amendment by arresting and detaining the protestors for unusually prolonged periods of time without probable cause; the MPD deprived the plaintiffs of their liberty and property without due process of law, in violation of the Fifth Amendment; and the MPD committed false arrest and imprisonment, assault and battery, and intentional infliction of emotional distress, in violation of the District’s municipal code. The plaintiffs further alleged that the MPD used excessive force, including cuffing the plaintiffs’ wrists to their opposite ankles for many hours, and knocking peaceful protestors to the ground. The complaint sought class certification, declaratory and injunctive relief, compensatory and punitive damages, an order compelling the District to expunge the plaintiffs’ arrest records and reimburse their criminal fines, and attorneys’ fees and costs. The case was assigned to District Judge Emmet G. Sullivan.

At a hearing on September 11, 2003, Judge Sullivan orally granted the District’s request to consolidate this case with Barham v. Ramsey, another class action brought by the March 27 Pershing Park demonstrators. He directed the plaintiffs in this case and in Barham to file a single, consolidated complaint. On September 15, 2003, counsel for the plaintiffs in this case notified the court that they could not reach an agreement with the Barham plaintiffs.

On September 24, 2003, the court denied the plaintiffs’ motion for class certification. Judge Sullivan held that Barham better served the interests of absent class members because it brought broader claims against a greater number of defendants. Thus, the court provisionally certified Barham as a class action and treated the plaintiffs in this case as though they had opted out of the class and elected to proceed individually with narrower claims.

On October 10, 2003 the defendants moved to dismiss the complaint or, in the alternative, for summary judgment. After a status conference on November 25, 2003, the court denied all pending dispositive motions without prejudice.

The plaintiffs filed an amended complaint on December 8, 2003, which eliminated the class allegations and added the Assistant Chief of the MPD as a defendant. The Assistant Chief moved to dismiss the claims against him on December 29, 2003.

On January 16, 2004, the District and the Chief moved for partial summary judgment on the Fifth Amendment deprivation of property claims. The Chief additionally moved for partial summary judgment on February 9, 2004, arguing that qualified immunity barred the claims against him.

The plaintiffs filed a second amended complaint on June 6, 2004, which added two individual demonstrators as plaintiffs. The case was referred to Magistrate Judge Alan Kay for discovery disputes on July 30, 2004.

On September 15, 2004, Judge Sullivan granted the District and MPD Chief’s motion for partial summary judgment on the Fifth Amendment deprivation of property claims. The court held that the money for the plaintiffs’ rescheduled plane tickets and medical expenses resulting from the detention did not constitute a “protected property interest” under the Fifth Amendment. Even if the expenditures did constitute a loss of property, the court held that a pre-deprivation remedy was not necessary in the context of mass arrests.

On September 24, 2004, the court denied the Assistant Chief’s motion to dismiss. Judge Sullivan held that the MPD arrests for “failure to obey” were not made with probable cause – because the MPD never ordered the demonstrators to disperse, there was no order to “obey.” Because clearly established law prevented mass arrests without a previous order to disperse, the Assistant Chief’s conduct was not “objectively reasonable.” Thus, the court denied the Assistant Chief’s qualified immunity defense.

Judge Sullivan also partially granted the Chief’s motion for summary judgment pertaining to qualified immunity issues. First, the court denied summary judgment for the Chief with respect to qualified immunity for the mass arrests in Pershing Park. The court held that a factual dispute existed as to whether the Chief knew that a dispersal order had not been given before the arrests. Even if the Chief did not know whether the order had been given, the court held that a reasonable police chief would have asked before approving the mass arrests. Additionally, the court clarified that the Chief could be liable as a supervisor because he did not “merely fail[] to detect” the Assistant Chief’s misconduct. At best, he turned a “blind eye” to the situation, and thus was just as liable for the unlawful conduct as the Assistant Chief.

Second, the court granted summary judgment for the Chief with respect to qualified immunity against the excessive force claims. Judge Sullivan held that the MPD’s use of flexi-cuffs during plaintiffs’ arrests did not constitute excessive force because a reasonable police officer likely would handcuff arrestees during a mass arrest and detention.

Third, the court granted summary judgment for the Chief on the length of detention claims. Because the Chief believed that probable cause existed for the arrests, he did not have a constitutional duty to release the plaintiffs from detention.

On October 22, 2004, the Chief and the Assistant Chief appealed the district court’s denial of summary judgment on the mass arrests claim. The Assistant Chief moved to stay discovery until the pending appeal was resolved on October 27, 2004, which the court granted on October 28. The plaintiffs cross-appealed on November 3, 2004.

After several mediation and negotiation sessions, the parties agreed to voluntarily dismiss the appeals and entered a settlement agreement on January 24, 2005. The District agreed to pay $425,000 (including attorneys’ fees and costs), expunge the plaintiffs’ arrests records, and permit the plaintiffs to request an arrest nullification order from the court. The District also agreed to revise the MPD handbook and employ the following measures for mass arrests: verification of probable cause before making arrests, only conducting mass arrests after communicating an order to disperse three times, ensuring that demonstrators can readily identify police officers, completing yearly training regarding mass arrests, informing arrestees of their rights, releasing eligible arrestees “as expeditiously as possible,” limiting use of restraints, and other reforms. The Chief agreed to present a signed conciliatory statement to the plaintiffs.

The court dismissed the case with prejudice on January 24, 2005. Judge Sullivan clarified that the court would retain jurisdiction over the matter for purposes of enforcing the settlement agreement. The case is now closed.

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Summary Authors

Sophia Acker (11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4622587/parties/abbate-v-ramsey/

Judge(s)

Attorney for Plaintiff

Cosgrove, Thomas J. (District of Columbia)

Attorney for Defendant

Allen, Niquelle Monique (District of Columbia)

Becker, Leonard H. (District of Columbia)

Deso, Robert Edward (District of Columbia)

Koger, Thomas Louis (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorney for Plaintiff

Cosgrove, Thomas J. (District of Columbia)

Livingston, Schuyler William (District of Columbia)

Topmiller, Joseph Edward (District of Columbia)

Williams, Jarrett A. (District of Columbia)

Attorney for Defendant

Allen, Niquelle Monique (District of Columbia)

Becker, Leonard H. (District of Columbia)

Deso, Robert Edward (District of Columbia)

Koger, Thomas Louis (District of Columbia)

Mullen, Martha J. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:03-cv-00767	Complaint	March 27, 2003	March 27, 2003 Complaint 2003 WL 23781771
29 1:03-cv-00767	Memorandum Opinion and Order Chang v. U.S.	Sept. 24, 2003	Sept. 24, 2003 Order/Opinion
44 1:03-cv-00767	Order Chang v. U.S.	Nov. 25, 2003	Nov. 25, 2003 Order/Opinion
48 1:03-cv-00767	Amended Complaint	Dec. 8, 2003	Dec. 8, 2003 Complaint
77 1:03-cv-00767	Second Amended Complaint	June 9, 2004	June 9, 2004 Complaint
86 1:03-cv-00767	Memorandum Opinion and Order	Sept. 15, 2004	Sept. 15, 2004 Order/Opinion
88 1:03-cv-00767	Memorandum Opinion Barham v. Ramsey	Sept. 24, 2004	Sept. 24, 2004 Order/Opinion 338 F.Supp.2d 48
99 1:03-cv-00767	Settlement Agreement Between Defendants The District Of Columbia, Chief Charles H. Ramsey, Assistant Chief Peter J. Newsham and Plaintiffs Julie Abbate, Alexis Baden-Mayer, Christopher Downes, Adam Eidinger, Joseph L. Mayer, Mindi Morgan, and Tom Ulrich, Collectively	Jan. 24, 2005	Jan. 24, 2005 Settlement Agreement
100 1:03-cv-00767	Consent Order Dismissing Case With Prejudice and Retaining Jurisdiction for Purpose of Enforcing Settlement	Jan. 24, 2005	Jan. 24, 2005 Order/Opinion 355 F.Supp.2d 377

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4622587/abbate-v-ramsey/

Last updated Oct. 28, 2025, 3:26 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against DISTRICT OF COLUMBIA, CHARLES H. RAMSEY (Filing fee $ 150.), filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH.(td, ) (Entered: 03/28/2003)	March 27, 2003	March 27, 2003
2	NOTICE OF RELATED CASE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. Case related to Case No. 02-2010 EGS. (td, ) (Entered: 03/28/2003)	March 27, 2003	March 27, 2003
3	NOTICE OF RELATED CASE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. Case related to Case No. 02-2010 EGS and 02-2293 RMU. (td, ) Modified on 3/28/2003 (td, ). (Entered: 03/28/2003)	March 27, 2003	March 27, 2003
	Summons (5) Issued as to DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (td, )	March 27, 2003	March 27, 2003
4	MOTION to coordinate briefing and arugment on class certification by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (bcs, ) (Entered: 04/03/2003)	March 28, 2003	March 28, 2003
5	MOTION for Extension of Time to File Answer re 1 Complaint by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Becker, Leonard) (Entered: 04/07/2003)	April 7, 2003	April 7, 2003
6	RESPONSE to any document motion to coordinate class action briefing filed by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Becker, Leonard) Modified on 4/10/2003 (rje, ). (Entered: 04/07/2003)	April 7, 2003	April 7, 2003
7	ENTERED IN ERROR. . . .MOTION to Certify Class by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Topmiller, Joseph) Modified on 8/8/2003 (td, ). (Entered: 04/11/2003)	April 11, 2003	April 11, 2003
8	MOTION to Certify Class by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification# 2 Proposed Order Certifying Class)(Topmiller, Joseph) (Entered: 04/11/2003)	April 11, 2003	April 11, 2003
10	REPLY in support of motion re 4 filed by JULIE ABBATE. (Topmiller, Joseph) (Entered: 04/14/2003)	April 14, 2003	April 14, 2003
9	Memorandum in opposition to motion re 5 filed by JULIE ABBATE. (Topmiller, Joseph) (Entered: 04/14/2003)	April 14, 2003	April 14, 2003
11	REPLY in support of motion re 5 to enlarge time to answer complaint and to respond to class certification motion filed by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Becker, Leonard) (Entered: 04/18/2003)	April 18, 2003	April 18, 2003
12	RESPONSE to plaintiffs' motion for class certification (preliminary) filed by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Becker, Leonard) (Entered: 04/18/2003)	April 18, 2003	April 18, 2003
13	REPLY in support of motion re 8 Class Certification filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Topmiller, Joseph) (Entered: 04/30/2003)	April 30, 2003	April 30, 2003
14	MOTION for Hearing regarding class certification by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Topmiller, Joseph) (Entered: 05/01/2003)	May 1, 2003	May 1, 2003
15	ORDER Scheduling Hearing on motion for class certification. Signed by Judge Emmet G. Sullivan on May 23, 2003. (lcegs2) (Entered: 05/23/2003)	May 23, 2003	May 23, 2003
	Set/Reset Hearings: Motion Hearing set for 6/24/2003 11:00 AM in Courtroom 1 before Emmet G. Sullivan. (lcegs2)	May 23, 2003	May 23, 2003
	ORDER granting 5 District of Columbia defendants' motion for extension of time to answer or file a responsive pleading until further order of the Court. Signed by Judge Emmet G. Sullivan on May 27, 2003. (lcegs2)	May 27, 2003	May 27, 2003
16	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA Police Department served on 4/1/2003, answer due 4/21/2003 (td, ) (Entered: 06/06/2003)	June 3, 2003	June 3, 2003
17	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA- Mayor Anthony Williams served on 4/1/2003, answer due 4/21/2003 (td, ) (Entered: 06/06/2003)	June 3, 2003	June 3, 2003
18	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Corporation Counsel served on 4/1/2003, answer due 4/21/2003 (td, ) (Entered: 06/06/2003)	June 3, 2003	June 3, 2003
19	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES H. RAMSEY served on 5/5/2003, answer due 5/26/2003 (td, ) (Entered: 06/11/2003)	June 4, 2003	June 4, 2003
20	SCHEDULING ORDER: Motion Hearing set for 7/9/2003 11:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on June 20, 2003. (lcegs2) (Entered: 06/20/2003)	June 20, 2003	June 20, 2003
21	NOTICE of Appearance by Thomas Joseph Cosgrove on behalf of JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH (Cosgrove, Thomas) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003
22	REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Scheduling Order)(Cosgrove, Thomas) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003
23	SCHEDULING ORDER: Motion Hearing set for 7/9/2003 at 11:00 a.m. is CONTINUED to 8/4/2003 at 10:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on July 8, 2003. (lcegs2) (Entered: 07/08/2003)	July 8, 2003	July 8, 2003
	SCHEDULING ORDER: Motion Hearing set for 8/4/2003 is hereby CONTINUED to 9/11/2003 at 10:00 AM in Courtroom 1 before Emmet G. Sullivan. Signed by Judge Emmet G. Sullivan on July 29, 2003. (lcegs2)	July 29, 2003	July 29, 2003
24	MOTION to Compel Defendant District of Columbia to Respond to Plaintiffs' Requests for Production of Documents by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Exhibit 1)(Cosgrove, Thomas) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003
25	ATTORNEY APPEARANCE. (Koger, Thomas) (Entered: 09/05/2003)	Sept. 5, 2003	Sept. 5, 2003
26	Memorandum in opposition to motion re 24 filed by DISTRICT OF COLUMBIA. (Koger, Thomas) (Entered: 09/05/2003)	Sept. 5, 2003	Sept. 5, 2003
	Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 9/11/2003. Motion Hearing set for 12/11/2003 10:00 AM in Courtroom 1 before Emmet G. Sullivan. chambers to issue an order(Court Reporter Frank Rangus.) (clv, )	Sept. 11, 2003	Sept. 11, 2003
27	ORDER directing Clerk of the Court to file documents. Signed by Judge Emmet G. Sullivan on September 12, 2003. (lcegs2) (Entered: 09/12/2003)	Sept. 12, 2003	Sept. 12, 2003
28	NOTICE of filing of Undated Final Report Relative to Complaints of Alleged Misconduct, Report Relative to Complaints of Alleged Misconduct and March 13, 2003 memorandum from Chief Charles H. Ramsey by DISTRICT OF COLUMBIA pursuant to re 27 Order (Attachments: # 1 # 2 # 3)(td, ) (Entered: 09/12/2003)	Sept. 12, 2003	Sept. 12, 2003
29	ORDER denying 8 Motion to Certify Class, resolving pending motions for class certification and consolidation, setting a hearing on all pending motions for December 11, 2003, at 10 a.m. and setting forth further instructions to counsel. Signed by Judge Emmet G. Sullivan on September 19, 2003. (lcegs2) (Entered: 09/24/2003)	Sept. 24, 2003	Sept. 24, 2003 Clearinghouse
	Set/Reset Hearings: Motion Hearing set for December 11, 2003, at 10:00 AM in Courtroom 1 before Emmet G. Sullivan. (lcegs2)	Sept. 24, 2003	Sept. 24, 2003
30	MOTION for Extension of Time to File Dispositive Motion By One Day by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Attachments: # 1 Text of Proposed Order To Enlarge Time To File By One Day)(Koger, Thomas) (Entered: 10/09/2003)	Oct. 9, 2003	Oct. 9, 2003
31	ENTERED IN ERROR. . . .MOTION to Dismiss by DISTRICT OF COLUMBIA. (Attachments: # 1 # 2)(Koger, Thomas) Modified on 10/14/2003 (td, ). (Entered: 10/11/2003)	Oct. 10, 2003	Oct. 10, 2003
32	MOTION to Dismiss or in the alternative, for Summary Judgment by CHARLES H. RAMSEY. (Attachments: # 1 Supplement Memorandum of Points and Authorities# 2 Supplement Defendant's Statement of Material Facts As To Which There Is No Genuine Issue# 3 Affidavit Herold Declaration# 4 Affidavit Ramsey Declaration# 5 Exhibit MPD Citation Release Special Order# 6 Exhibit January 25 Investigation Report)(Koger, Thomas) (Entered: 10/11/2003)	Oct. 10, 2003	Oct. 10, 2003
	ORDER granting 30 Motion for Extension of Time to File Dispositive Motion. Signed by Judge Emmet G. Sullivan on October 10, 2003. (lcegs2)	Oct. 10, 2003	Oct. 10, 2003
	NOTICE OF ENTERED IN ERROR DOCUMENT 31. Attorney notified that entry was improperly filed. (td, )	Oct. 14, 2003	Oct. 14, 2003
33	Consent MOTION for Extension of Time to File nunc pro tunc dispositive motions by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Attachments: # 1 Text of Proposed Order Proposed Order to enlarge time to file nunc pro tunc)(Koger, Thomas) (Entered: 10/16/2003)	Oct. 16, 2003	Oct. 16, 2003
34	Consent MOTION to Amend/Correct Dispositive Motion by CHARLES H. RAMSEY. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Exhibit Amended Brief# 3 Exhibit Def Statement of Material Facts# 4 Exhibit Herold Decl# 5 Exhibit Ramsey Decl# 6 Exhibit Prisoner Control Plan# 7 Exhibit MPD G.O. 502.6# 8 Exhibit A/C Shannon Cockett After Action Report# 9 Exhibit Hilton Burton After Action Report# 10 Exhibit MPD G.O. 502.01# 11 Exhibit Jan. 25 Report# 12 Exhibit 1996 Mass Deonstartion Mnl excerpt)(Koger, Thomas) (Entered: 10/16/2003)	Oct. 16, 2003	Oct. 16, 2003
35	Consent MOTION to Amend/Correct memorandum of points and authorities in supot of dispositive motion by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Amended memorandum of points and authorities)(Koger, Thomas) (Entered: 10/16/2003)	Oct. 16, 2003	Oct. 16, 2003
	ORDER granting 34 Motion to Amend/Correct and granting 35 Motion to Amend/Correct. Plaintiffs' time to respond to motion is enlarged to and including November 3, 2003. Signed by Judge Emmet G. Sullivan on October 17, 2003. (lcegs2)	Oct. 17, 2003	Oct. 17, 2003
	MINUTE ORDER granting 33 Motion for Extension of Time to File Nunc Pro Tunc Dispositive Motions.Signed by Judge Emmet G. Sullivan on October 20, 2003. (lcegs2)	Oct. 20, 2003	Oct. 20, 2003
36	ORDER cancelling December 11, 2003, Motions Hearing and setting Motions Hearing for February 11, 2004, at 10:00 a.m. Signed by Judge Emmet G. Sullivan on October 31, 2003. (lcegs2) (Entered: 10/31/2003)	Oct. 31, 2003	Oct. 31, 2003
	Set/Reset Hearings: Motions Hearing set for February 11, 2004, at 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2)	Oct. 31, 2003	Oct. 31, 2003
37	Consent MOTION for Extension of Time to File Response/Reply to pending dispositive motions by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 11/03/2003)	Nov. 3, 2003	Nov. 3, 2003
	MINUTE ORDER granting 37 Motion for Extension of Time to File Response/Reply to pending dispositive motions. Signed by Judge Emmet G. Sullivan on November 4, 2003. (lcegs2)	Nov. 4, 2003	Nov. 4, 2003
38	Consent MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply to pending dispositive motions by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 11/07/2003)	Nov. 7, 2003	Nov. 7, 2003
	ORDER granting 38 Consent Motion for Extension of Time to File Response/Reply. Plaintiffs' Oppositon to the Motions to Dismiss shall be filed by November 11, 2003. Defendants' replies shall be filed by November 26, 2003. Signed by Judge Emmet G. Sullivan on November 7, 2003. (lcegs2)	Nov. 7, 2003	Nov. 7, 2003
39	MOTION to Continue Pursuant to Fed. R. Civ. P. 56(f) by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Declaration of Jarrett A. Williams in Support of Motion for Continuance of Defendant Charles Ramsey's Motion for Summary Judgment under Rule 56(f)# 2 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 11/11/2003)	Nov. 11, 2003	Nov. 11, 2003
40	RESPONSE to District of Columbia's Motion to Dismiss the Complaint filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 11/11/2003)	Nov. 11, 2003	Nov. 11, 2003
41	Memorandum in opposition to motion re 32 Defendant Charles H. Ramsey's Motion to Dismiss or in the Alternative for Summary Judgment filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Declaration of Julie Abbate# 2 Declaration of Christopher Downes# 3 Declaration of Josheph Mayer# 4 Declaration of Mindi Morgan# 5 Declaration of Arthur Spitzer# 6 Declaration of Tom Ulrich# 7 Plaintiffs' Statement of Genuine Issues and Response to Defendant Ramsey's Corrected Statement of Material Facts as to Which he Contends there are No Genuine Issues# 8 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 11/11/2003)	Nov. 11, 2003	Nov. 11, 2003
	MINUTE ORDER: In light of the numerous requests for extension of time, the Court sua sponte schedules a status conference for November 25, 2003, at 10:00 a.m. in Courtroom One. If this date and time are not convenient for counsel for any of the parties, that attorney will be responsible for communicating with counsel in all five cases and ascertaining a mutually convenient alternative date and time to propose to the Court. Signed by Judge Emmet G. Sullivan on November 19, 2003. (lcegs2)	Nov. 19, 2003	Nov. 19, 2003
	Set/Reset Hearings: Status Conference set for 11/25/2003 at 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2)	Nov. 19, 2003	Nov. 19, 2003
42	MOTION to Consolidate Cases by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Attachments: # 1 Exhibit Memorandum of Points and Authorities# 2 Text of Proposed Order Proposed Order Consolifating Cases for Trial and Discovery)(Koger, Thomas) (Entered: 11/24/2003)	Nov. 24, 2003	Nov. 24, 2003
43	Consent MOTION for Extension of Time to File Their Replies to Plaintiffs' Oppositions To Their Dispositive Motions and to Oppose Plaintiffs' Motion Seeking Discovery by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Attachments: # 1 Text of Proposed Order Order Granting Extension)(Koger, Thomas) (Entered: 11/24/2003)	Nov. 24, 2003	Nov. 24, 2003
44	ORDER denying 24 Motion to Compel, denying without prejudice 32 Motion to Dismiss, denying as moot 39 Motion to Continue, denying as moot 42 Motion to Consolidate Cases, and setting forth further instructions to counsel. A Status hearing is scheduled for April 6, 2004, at 10:00 a.m. in Courtroom One. Jones v. District of Columbia is dismissed without prejudice and removed from the active calendar of the Court. The cases are referred to Magistrate Judge Kay for the purpose of resolving discovery disputes. Signed by Judge Emmet G. Sullivan on November 25, 2003. (lcegs2, ) (Entered: 11/25/2003)	Nov. 25, 2003	Nov. 25, 2003 Clearinghouse
	MINUTE ORDER granting 43 Consent Motion for Extension of Time to File Defendants' Reply. Reply shall be filed by no later than December 1, 2003. Signed by Judge Emmet G. Sullivan on November 25, 2003. (lcegs2)	Nov. 25, 2003	Nov. 25, 2003
	Set/Reset Hearings: Status Conference set for 4/6/2004 at 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2)	Nov. 25, 2003	Nov. 25, 2003
45	MOTION for Judgment as a Matter of Law Reply Brief by CHARLES H. RAMSEY. (Attachments: # 1 Exhibit Statement of Captain Andrew Solberg)(Koger, Thomas) (Entered: 12/01/2003)	Dec. 1, 2003	Dec. 1, 2003
46	NOTICE by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY oOf Filing Of Proposed Order (Attachments: # 1 Text of Proposed Order Proposed Order Staying Discovery As Against Defendants Having Asserted Qualified Immunity Defenses)(Koger, Thomas) (Entered: 12/05/2003)	Dec. 5, 2003	Dec. 5, 2003
47	ENTERED IN ERROR. . . .NOTICE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH of Filing of Amended Complaint (Attachments: # 1 Amended Complaint)(Cosgrove, Thomas) Modified on 12/10/2003 (td, ). (Entered: 12/08/2003)	Dec. 8, 2003	Dec. 8, 2003
48	AMENDED COMPLAINT against PETER J. NEWSHAM, DISTRICT OF COLUMBIA, CHARLES H. RAMSEY, filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1)(td, ) (Entered: 12/11/2003)	Dec. 8, 2003	Dec. 8, 2003 Clearinghouse
	DOCUMENT No. 47 was Entered In Error. Amended Complaints must be sent to the Court in PDF format attorney was notified. (td, )	Dec. 10, 2003	Dec. 10, 2003
	Summons Issued (1) as to PETER J. NEWSHAM. (cp, )	Dec. 16, 2003	Dec. 16, 2003
	Summons (1) Issued for Amended Complaint as to PETER J. NEWSHAM. (td, )	Dec. 17, 2003	Dec. 17, 2003
49	NOTICE of Appearance by Robert E. Deso on behalf of PETER J. NEWSHAM (Deso, Robert) (Entered: 12/23/2003)	Dec. 23, 2003	Dec. 23, 2003
50	ANSWER to Amended Complaint by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY.(Koger, Thomas) (Entered: 12/23/2003)	Dec. 23, 2003	Dec. 23, 2003
51	MOTION to Dismiss Motion of Defendant Peter J. Newsham to Dismiss the Case as it Pertains to Him or, In the Alternative, for Summary Judgment by PETER J. NEWSHAM. (Attachments: # 1 Exhibit Affidavit of Peter J. Newsham# 2 Exhibit Declaration of Jeffrey D. Herold)(Deso, Robert) (Entered: 12/29/2003)	Dec. 29, 2003	Dec. 29, 2003
52	Consent MOTION for Extension of Time to Respond to Discovery Requests by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 01/07/2004)	Jan. 7, 2004	Jan. 7, 2004
	MINUTE ORDER granting 52 Motion for a Two Week Extension of Time to Respond to Discovery Requests.Signed by Judge Emmet G. Sullivan on January 8, 2004. (lcegs2)	Jan. 8, 2004	Jan. 8, 2004
53	Memorandum in opposition to motion re 51 Peter Newsham's motion to dismiss or in the alternative for summary judgment, filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Declaration of Arthur B. Spitzer# 2 Statement of Genuine Issues of Fact# 3 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 01/12/2004)	Jan. 12, 2004	Jan. 12, 2004
54	NOTICE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH re 53 Memorandum in Opposition, (Cosgrove, Thomas) (Entered: 01/12/2004)	Jan. 12, 2004	Jan. 12, 2004
56	NOTICE of filing of City Council's Testimony 1-4 by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH (td, ) (Entered: 01/16/2004)	Jan. 12, 2004	Jan. 12, 2004
55	MOTION for Summary Judgment Upon Deprivation of Due Process Claims of Julie Abbate, Christopher Downes, Joseph L. Mayer, and Mindi Morganms fo by DISTRICT OF COLUMBIA, CHARLES H. RAMSEY. (Attachments: # 1 Exhibit Memorandum of Points and Authorities# 2 Exhibit Defendants Statement Of Facts As To Which They Contend No Genuine Issues Exist# 3 Text of Proposed Order Proposed Order# 4 Exhibit Mindi Morgan Decl# 5 Exhibit Joseph L. Mayer Decl# 6 Exhibit Christopher Downes Decl# 7 Exhibit Julie Abbate Decl# 8 Exhibit Excerpt of Pl. Opp,)(Koger, Thomas) (Entered: 01/16/2004)	Jan. 16, 2004	Jan. 16, 2004
57	ORDER setting forth instructions to counsel with regard to Motions Hearing on immunity claims, and rescheduling Motions Hearing for March 22, 2004 at 10:30 a.m. Signed by Judge Emmet G. Sullivan on January 29, 2004. (lcegs2) (Entered: 01/29/2004)	Jan. 29, 2004	Jan. 29, 2004
	Set/Reset Hearings: Motion Hearing set for 3/22/2004 10:30 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2)	Jan. 29, 2004	Jan. 29, 2004
58	Memorandum in opposition to motion re 55 District Defendants' Motion for Partial Summary Judgment filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order)(Cosgrove, Thomas) (Entered: 01/30/2004)	Jan. 30, 2004	Jan. 30, 2004
	MINUTE ORDER rejecting defendants' proposed order at 46 . It is hereby ordered that there shall be a stay of depositions, but not a stay of discovery, against Mayor Anthony A. Williams, Chief Charles H. Ramsey, and Chief Peter J. Newsham pending adjudication of the issue of qualified immunity. Signed by Judge Emmet G. Sullivan on February 2, 2004. (lcegs2)	Feb. 2, 2004	Feb. 2, 2004
	MINUTE ORDER. Due to conflicts in the Court's schedule, the Court sua sponte continues the March 22, 2004 Motions Hearing on immunity issues to March 23, 2004 at 10:30 a.m. Signed by Judge Emmet G. Sullivan on February 5, 2004. (lcegs2)	Feb. 5, 2004	Feb. 5, 2004
	Set/Reset Hearings: Motion Hearing set for 3/23/2004 10:30 AM in Courtroom 1 before Judge Judge Emmet G. Sullivan. (lcegs2)	Feb. 5, 2004	Feb. 5, 2004
59	REPLY in support of motion re 55 For Summary Judgment Upon Plaintiffs Abbate's, Downes', Mayers', and Morgan's Calims of Deprivation of Property Without Due Process filed by CHARLES H. RAMSEY. (Koger, Thomas) (Entered: 02/06/2004)	Feb. 6, 2004	Feb. 6, 2004
60	MOTION for Judgment as a Matter of Law Upon Plaintiffs Claims Pursuant to 42 U.S.C. Section 1983 by CHARLES H. RAMSEY. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Memo in support of Motion# 3 Exhibit Abbate Decl# 4 Exhibit Downes Decl# 5 Exhibit Mayer decl# 6 Exhibit Morgan decl# 7 Exhibit Ulrich decl# 8 Exhibit Statement of Facts# 9 Exhibit Herrold decl# 10 Exhibit Ramsey Decl# 11 Exhibit Solberg Decl# 12 Exhibit Solberg Statement# 13 Exhibit Burton Decl# 14 Exhibit Burton After Action Report# 15 Exhibit Prisoner Control Plan# 16 Exhibit MPD General Order# 17 Exhibit Jan 25 Report# 18 Exhibit Pavlik Decl# 19 Exhibit Klein Decl)(Koger, Thomas) (Entered: 02/09/2004)	Feb. 9, 2004	Feb. 9, 2004
61	Consent MOTION for Extension of Time to Respond to Plaintiffs' First Set of Joint Requests for Production to Defendant District of Columbia by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Koger, Thomas) (Entered: 02/17/2004)	Feb. 17, 2004	Feb. 17, 2004
62	Memorandum in opposition to motion re 60 Defendant Ramsey's Motion for Summary Judgment on Qualified Immunity Issues, filed by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (Attachments: # 1 Text of Proposed Order # 2 Second Declaration of Arthur B. Spitzer# 3 Statement of Genuine Issues in Dispute# 4 Declaration of Elizabeth Symonds# 5 Notice of Filing)(Cosgrove, Thomas) (Entered: 02/17/2004)	Feb. 17, 2004	Feb. 17, 2004
63	ERRATA Notice of filing of two CD-ROM's in support of their Opposition to defendant Ramsey's Motion for Summary Judgment by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH. (td, ) (Entered: 02/23/2004)	Feb. 17, 2004	Feb. 17, 2004
64	REPLY in support of motion re 60 for Summary Judgment Upon Claims Pertaining To Qualified Immunity filed by CHARLES H. RAMSEY. (Attachments: # 1 Exhibit Reply Facts)(Koger, Thomas) (Entered: 02/23/2004)	Feb. 23, 2004	Feb. 23, 2004
65	REPLY to opposition to motion re 51 Reply of Defendant Newsham to Plaintiffs' Opposition to Motion to Dismiss or in the Alternative for Summary Judgment filed by PETER J. NEWSHAM. (Deso, Robert) (Entered: 02/26/2004)	Feb. 26, 2004	Feb. 26, 2004
	MINUTE ORDER granting 61 Consent Motion for Extension of Time to Respond to Plaintiffs' First Set of Joint Requests for Production.Signed by Judge Emmet G. Sullivan on February 26, 2004. (lcegs2)	Feb. 26, 2004	Feb. 26, 2004
66	NOTICE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH re 60 MOTION for Judgment as a Matter of Law Upon Plaintiffs Claims Pursuant to 42 U.S.C. Section 1983, 51 MOTION to Dismiss Motion of Defendant Peter J. Newsham to Dismiss the Case as it Pertains to Him or, In the Alternative, for Summary Judgment -- Notice of Filing of Declaration in Opposition to: (1) Defendant Ramsey's Motion for Summary Judgment Pertaining to Qualified Immunity Issues; (2) Defendant Newsham's Motion to Dismiss or in the Alternative for Summary Judgment (Attachments: # 1 Second Declaration of Jarrett A. Williams# 2 Exhibit 1 to Second Declaration of Jarrett A. Williams)(Cosgrove, Thomas) (Entered: 03/18/2004)	March 18, 2004	March 18, 2004
	MINUTE ORDER The Court sua sponte continues the March 23, 2004, Motions Hearing on immunity issues to April 6, 2004 at 10:00 a.m. in Courtroom One, a previously scheduled status hearing.Signed by Judge Emmet G. Sullivan on March 19, 2004. (lcegs2)	March 19, 2004	March 19, 2004
67	ORDER setting status hearing for May 7, 2004.Signed by Judge Emmet G. Sullivan on April 8, 2004. (lcegs2, ) (Entered: 04/08/2004)	April 8, 2004	April 8, 2004
	Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Hearing/Motion Hearing held on 4/8/2004 chambers to issue order (Court Reporter Elaine Merchant.) (clv, )	April 8, 2004	April 8, 2004
	Set/Reset Hearings: Status Conference set for 5/7/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs2, )	April 8, 2004	April 8, 2004
68	NOTICE by JULIE ABBATE, CHRISTOPHER DOWNES, JOSEPH L. MAYER, MINDI MORGAN, TOM ULRICH of Filing of Report (Attachments: # 1 Exhibit Report (Part 1)# 2 Exhibit Report (Part 2)# 3 Exhibit Report (Part 3)# 4 Exhibit Report (Part 4))(Cosgrove, Thomas) (Entered: 04/09/2004)	April 9, 2004	April 9, 2004
69	MINUTE ORDER. The parties are ORDERED to address the United States Court of Appeals for the D.C. Circuit's Opinion pertaining to qualified immunity in International Action Center v. United States of America, decided April 16, 2004, and available on that Court's website. Plaintiffs' submissions of no more than 15 pages shall be filed by no later than April 23, 2004; defendants' responses of no more than 10 pages shall be filed by no later than April 30, 2004; and plaintiffs' replies of no more than 5 pages shall be filed by no later than May 5, 2004. Signed by Judge Emmet G. Sullivan on April 16, 2004. (lcegs2, ) (Entered: 04/16/2004)	April 16, 2004	April 16, 2004
70	NOTICE by DISTRICT OF COLUMBIA of Filing of of the District of Columbia's Response to Recommendations Set Forth in the Report of the Comittee on the Judiciary of the Council of the District of Columbia (Attachments: # 1 Exhibit Response to Recommendations)(Koger, Thomas) (Entered: 04/23/2004)	April 23, 2004	April 23, 2004
71	MEMORANDUM from Abbatte Plaintiffs Regarding International Action Center, et al. v. United States of America, et al.. (Cosgrove, Thomas) (Entered: 04/23/2004)	April 23, 2004	April 23, 2004