Case: Thomas v. Town of Brookside, Alabama

2:22-cv-00157 | U.S. District Court for the Northern District of Alabama

Filed Date: Feb. 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit challenging an Alabama town’s policing practice of unlawfully seizing and retaining property during arrests. On February 6, 2022, the named plaintiff filed a lawsuit in the United States District Court for the Northern District of Alabama against the Town of Brookside, Alabama. Plaintiff alleged that the Brookside police ran him off the road—causing damage to his motorcycle—and then unlawfully retained his motorcycle following his arrest without providing an oppor…

This is a class action lawsuit challenging an Alabama town’s policing practice of unlawfully seizing and retaining property during arrests. On February 6, 2022, the named plaintiff filed a lawsuit in the United States District Court for the Northern District of Alabama against the Town of Brookside, Alabama. Plaintiff alleged that the Brookside police ran him off the road—causing damage to his motorcycle—and then unlawfully retained his motorcycle following his arrest without providing an opportunity to challenge the seizure. Plaintiff claimed that he missed out on “substantial insurance proceeds” in excess of the maximum fine permissible for the misdemeanor he was charged with. 

Plaintiff brought the action under 42 U.S.C. § 1983, alleging violations of the Fourth and Eighth Amendments, as well as the Due Process Clause of the Fourteenth Amendment. He also alleged a common law conversion claim. To supplement his individual claims, the plaintiff also sought relief on behalf of a putative class of all people whose property had been confiscated or retained by the Town of Brookside and all people who have been charged excessive fines or court costs related to arrest. Represented by private counsel, plaintiff requested declaratory and monetary relief, including attorneys’ fees and costs. He also sought to enjoin Brookside’s policy of retaining arrestee’s personal property prior to judgment, and from failing to provide prompt post-deprivation hearings to individuals whose property had been seized. 

The case was assigned to Judge Anna Marie Manasco and Magistrate Judge Staci G. Cornelius. 

Plaintiff, along with other named individuals, filed an amended class action complaint on March 16, 2022. This complaint added defendants Jett’s Towing, Inc. and nearly two dozen named police officers currently or previously employed by the Town of Brookside. Based on the additional factual allegations, the amended complaint breaks down the causes of action among more specific classes. The first count claimed that the police stopped people without probable cause in violation of the Fourth Amendment, and impermissibly required people to pay fines for traffic citations made outside its jurisdiction. The second count alleged that the Town of Brookside Municipal Court and the named police officers conspired to levy and enforce these fines despite knowing they were unconstitutional. Plaintiffs sought injunctive relief and monetary damages, including disgorgement of all fines, on behalf of a subclass affected by these alleged violations. The third count, brought on behalf of a different subclass, alleged a conspiracy between the individual police officers and Jett’s Towing to seize and retain plaintiff’s vehicles for reasons unrelated to the purpose of the stop, in violation of the Fourth Amendment. Plaintiffs also claimed that the impoundment penalties they were required to pay to retrieve their vehicles violated the Eighth Amendment’s prohibition against excessive fines. A third subclass alleged that the Town of Brookside violated the Eighth Amendment by systematically collecting fines in excess of Alabama law, and also alleged that the Municipal Court and individual officers conspired to do so. All three subclasses brought a claim under the Racketeering Influenced and Corrupt Organizations Act (RICO), alleging that the Town of Brookside extorted plaintiffs by threatening jail time if plaintiffs failed to pay the illegal fines and turn over their property. Plaintiffs sought treble damages under the RICO statute, as well as attorneys’ fees and costs. A fourth subclass of plaintiffs alleged that they had been illegally detained in violation of their substantive due process right to personal liberty. Lastly, the named plaintiff retained his conversion claim from the original complaint. 

Plaintiffs’ amended the complaint two more times, most recently on August 23, 2022. Although defendants’ earlier motions to dismiss were denied in light of the amended complaints, the Town of Brookside, the individual officer defendants, and Jett’s Towing all renewed their motions to dismiss in the fall of 2022.  

On October 3, 2022, plaintiffs moved to consolidate the case with Wattson v. Town of Brookside, Case No. 2:21-CV-00649. On December 7, Judge Robert David Proctor, who had been presiding over another related case, Coleman v. Town of Brookside, Case No. 2:22-cv-00423, reassigned that case to Judge Manasco. 

On May 12, 2023, Judge Manasco consolidated the Wattson and Thomas cases—designating Wattson as the lead case—and ordered plaintiffs to file a consolidated class action complaint within fourteen days. In the same order, the court also ruled on defendants' outstanding motions to dismiss, granting and denying them in part.

The court dismissed the following claims: the Thomas plaintiffs’ Fourth Amendment claims for failure to cure pleading deficiencies still present after amending the complaint multiple times; the Thomas and Wattson plaintiffs’ Fifth Amendment claims for failing to address the Town’s argument that towing a vehicle incident to a custodial arrest is not a “taking;” and the Fourteenth Amendment substantive due process claims on the grounds that they should have been brought under the Fourth Amendment. The court also dismissed the conversion claim and the RICO claims against the individual officers. The RICO claim against Jett’s Towing survived. Further, the court denied defendants’ motion to dismiss most of the Eighth Amendment claims, but granted the motion as to several counts where the factual record no longer supported the allegations. The court dismissed most of the conspiracy claims for failure to allege an underlying constitutional violation, but did not dismiss the claim that Jett’s Towing and the Town agreed to collect fees in violation of the Eighth Amendment. 

On June 8, 2023, plaintiffs filed a motion to certify as final the prior order dismissing Counts V and VI of the Thomas complaint so that they could seek an interlocutory appeal. The court denied the motion to certify due to the factual and legal overlap between the remaining claims and the claims against the individual officers that plaintiffs’ sought to appeal. The court also ordered plaintiffs to meet and confer with counsel in Coleman, which had not been joined in the consolidated action, to coordinate pretrial proceedings.

In September the court issued a scheduling order structuring discovery in the Wattson, Coleman, and Thomas cases, and set a tentative trial date for June 2025. 

In February 2024, plaintiffs in Wattson moved to sever the claim. The court permitted counsel to withdraw on March 21, but reserved ruling on the motion to sever. 

As of April 2024, this case is ongoing. 

 

Summary Authors

Grayson Metzger (4/29/2024)

Related Cases

Wattson v. Town of Brookside, Alabama, Northern District of Alabama (2021)

Coleman v. Brookside, Northern District of Alabama (2022)

Documents in the Clearinghouse

Document
1

2:22-cv-00157

Class Action Complaint

Thomas v. Town of Brookeside, Alabama

Feb. 6, 2022

Feb. 6, 2022

Complaint
14

2:22-cv-00157

First Amended Class Action Complaint

March 16, 2022

March 16, 2022

Complaint
63

2:22-cv-00157

Second Amended Class Action Complaint

Aug. 23, 2022

Aug. 23, 2022

Complaint
88

2:22-cv-00157

Order

Wattson v. Town of Brookside, Alabama

May 12, 2023

May 12, 2023

Order/Opinion
94

2:22-cv-00157

Order

Wattson v. Town of Brookside, Alabama

July 21, 2023

July 21, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62979974/thomas-v-town-of-brookside-alabama-the/

Last updated April 14, 2024, 8 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The Town of Brookside Alabama, filed by Corey Thomas.(AKD) (Entered: 02/07/2022)

Feb. 6, 2022

Feb. 6, 2022

Clearinghouse

Filing Fee - Pay.gov

Feb. 7, 2022

Feb. 7, 2022

PACER
2

NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER

Filing Fee: Filing fee $ 402, receipt_number 1126-4007872 (ALND receipt# B4601118349). related document 1 COMPLAINT against The Town of Brookside Alabama, filed by Corey Thomas.(AKD). (White, J) Modified on 2/7/2022 (AKD).

Feb. 7, 2022

Feb. 7, 2022

PACER
3

Request for service by certified mail filed by Corey Thomas. (White, J) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
4

Summons Issued as to The Town of Brookside Alabama. Mailed certified mail. (AKD) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
5

SUMMONS Returned Executed by Corey Thomas. The Town of Brookside Alabama served on 2/9/2022, answer due 3/2/2022. (AKD) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
6

NOTICE of Appearance by Hope S Marshall on behalf of Corey Thomas (Marshall, Hope) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
7

NOTICE of Appearance by Laura S Gibson on behalf of Corey Thomas (Gibson, Laura) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
8

MOTION to Withdraw as Attorney Motion is RIPE 2/22/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Corey Thomas. (Lightner, Hansel) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
9

TEXT ORDER:H. Eli Lightner, II, has moved to withdraw as counsel of record for the plaintiff in this action. 8 . The motion is GRANTED. The plaintiff will continue to be represented by other counsel of record. Signed by Magistrate Judge Staci G Cornelius on 02/24/2022. (AKD) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
10

MOTION to Dismiss by The Town of Brookside Alabama. (Kinney, Richard) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
11

ORDER-Pursuant to the General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) no later than April 18, 2022. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a randomly drawn district judge without further order after April 18, 2022. Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (BST, ) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
12

ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 4/8/2022; Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (BST, ) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
13

TEXT ORDER:: The plaintiff SHALL file any response to the pending motion to dismiss 10 within fourteen (14) calendar days of the date of this order. The defendant SHALL file any reply within seven (7) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 03/07/2022. (AKD) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER
14

AMENDED COMPLAINT against All Defendants, filed by Corey Thomas.(Clark, Brian) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

Clearinghouse
15

TEXT ORDER:This matter is before the court on Plaintiff's Amended Complaint 14 . In light of the Amended Complaint, Defendant's Motion to Dismiss 10 is DENIED WITHOUT PREJUDICE because it is directed at what is no longer the operative Complaint. Defendant may renew any applicable arguments in response to the Amended Complaint. A telephone conference is SET for 10:30 a.m. on March 23, 2022. The parties are instructed to dial 877-336-1831 five minutes before the conference begins. The access code is 2778178. Signed by Magistrate Judge Staci G Cornelius on 03/17/2022. (AKD) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
16

NOTICE of Appearance by James W Porter, II on behalf of The Town of Brookside Alabama (Porter, James) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
17

Request for service by certified mail filed by Corey Thomas. (Clark, Brian) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
18

Summons Issued as to Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Kyle Efferson, Patrick Howell, Richard Jaynes, Jett's Towing Inc, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. Mailed certified mail. (AKD) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
19

MOTION to Stay / Suspend Rule 26 Planning Conference by The Town of Brookside Alabama. (Kinney, Richard) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP

Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 3/23/2022. (BST, )

March 23, 2022

March 23, 2022

PACER

Telephone Conference

March 23, 2022

March 23, 2022

PACER
20

SUMMONS Returned Executed by Zackery Harris, Corey Thomas, Tinetta Jackson, Keyarah Smith, Gerald Smith, Brittany Todd, James Donahue, Ben Blackwell. Richard Jaynes served on 3/23/2022, answer due 4/13/2022. (AKD) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
21

NOTICE OF REASSIGNMENT-Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Anna M. Manasco. Please use case number 2:22 CV 157 AMM on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (AKD) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
22

SUMMONS Returned Executed by Corey Thomas. Dalton Brody served on 3/23/2022, answer due 4/13/2022; Maresha Moses served on 3/23/2022, answer due 4/13/2022; Robert Stewart served on 3/23/2022, answer due 4/13/2022. (KEK) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
23

Summons and Complaint Returned With COVID-19 Notation from Postal Employee as to Ivory Price, Marcus Sellers, Benjamin Heath Loebler, Kyle Rael Efferson, Jett's Towing Inc, by Corey Thomas. (KEK) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
24

SUMMONS Returned Executed Sydni Thompson served on 3/24/2022, answer due 4/14/2022. (DNW) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
25

ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint Acknowledgement filed by Michael Jones. (Hale, Thomas) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
26

MOTION to Dismiss by The Town of Brookside Alabama. (Attachments: # 1 Exhibit Brookside Municipal Court Records)(Kinney, Richard) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
27

SUMMONS Returned Executed. DeShawn Cook served on 3/31/2022, answer due 4/21/2022. (DNW) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
28

TEXT ORDER: Any response to the motion to dismiss, Doc. 26, must be filed on or before APRIL 25, 2022. Any reply must be filed on or before MAY 9, 2022. The motion to suspend Rule 26 obligations pending the disposition of motions to dismiss, Doc. 19, is GRANTED. Signed by Judge Anna M Manasco on 4/4/2022. (DNW) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
29

Unopposed MOTION for Extension of Time to File Responsive Pleading or Motion for Individual Police Officer Defendants by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Kyle Efferson, Patrick Howell, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. (Hale, Thomas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
30

TEXT ORDER. The court GRANTS 29 . The answer for the individual police officer defendants' is now due on or before April 30, 2022. Signed by Judge Anna M Manasco on 4/7/2022. (FNC) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
31

Summons Returned Unexecuted (unable to forward) by Zackery Harris, Corey Thomas, Tinetta Jackson, Keyarah Smith, Gerald Smith, Brittany Todd, James Donahue, Ben Blackwell as to Billy Shoults. (KEK) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
32

Alias Summons Issued as to Jett's Towing Inc. Returned to Plaintiff for service. (DNW) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
33

Summons Returned Unexecuted as to James Savelle, III. (DNW) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
34

MOTION to Amend/Correct Motion to Amend Complaint by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Attachments: # 1 Exhibit A)(Clark, Brian) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
35

TEXT ORDER: The motion for leave to amend, Doc. 34, is GRANTED. The proposed amended complaint must be filed on or before MONDAY, APRIL 25, 2022. Signed by Judge Anna M Manasco on 4/22/2022. (DNW) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
36

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Zackery Harris, Corey Thomas, Tinetta Jackson, Keyarah Smith, Gerald Smith, Brittany Todd, James Donahue, Ben Blackwell.(Clark, Brian) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
37

First MOTION to Dismiss by Jett's Towing Inc. (Tidwell, Jay) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
38

TEXT ORDER: Jett's Towing, Inc.'s motion to dismiss, Doc. 37, is DENIED as moot because it is not directed to the operative Second Amended Class Action Complaint, Doc. 36 . Signed by Judge Anna M Manasco on 4/25/2022. (DNW) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
39

Summons Returned Unexecuted as to Kyle Efferson, Justin Reeser. (DNW) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
40

TEXT ORDER: The Town of Brookside, Alabama's motion to dismiss, Doc. 26, is DENIED as moot because it is not directed to the operative Second Amended Class Action Complaint, Doc. 36 . Signed by Judge Anna M Manasco on 4/26/2022. (DNW) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
41

Summons Returned Unexecuted as to Jon Atkinson, William Bynum, John Campbell, Patrick Howell, Michael Jones, Wendy Long, Christopher Robertson, Bradley Singleton. (DNW) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
42

Summons Returned Unexecuted as to Anthony Ragsdale. (DNW) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
43

Summons Returned Unexecuted as to Timothy Turner. (DNW) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
44

MOTION to Dismiss Second Amended Complaint by The Town of Brookside Alabama. (Kinney, Richard) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
45

MOTION to Dismiss by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Kyle Efferson, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. (Hale, Thomas) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
46

TEXT ORDER: Plaintiffs' response to the motions to dismiss, Docs. 44, 45, must be filed on or before JUNE 3, 2022. Any reply must be filed on or before JUNE 17, 2022. Signed by Judge Anna M Manasco on 5/13/2022. (DNW) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
47

MOTION to Dismiss by Jett's Towing Inc. (Tidwell, Jay) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
48

TEXT ORDER: Plaintiffs' response to the motion to dismiss, Doc. 47, must be filed on or before JUNE 3, 2022. Any reply must be filed on or before JUNE 17, 2022. Signed by Judge Anna M Manasco on 5/13/2022. (DNW) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
49

Unopposed MOTION for Leave to File Excess Pages by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Clark, Brian) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
50

TEXT ORDER: The unopposed motion for extension of page limitation, Doc. 49, is GRANTED. Signed by Judge Anna M Manasco on 5/24/2022. (DNW) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
51

NOTICE by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd re 36 Amended Complaint Notice of Filing Exhibit to 2nd Amended Complaint (Attachments: # 1 Exhibit Report)(Clark, Brian) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
52

MOTION to Dismiss by Patrick Howell. (Voss, Mickey) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
53

Opposition to re 47 Jett's Towing's Motion to Dismiss filed by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Clark, Brian) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
54

Opposition to re 45 Individual Defendants' Motion to Dismiss filed by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Clark, Brian) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
55

Opposition to re 44 Opposition to Brookside's Motion to Dismiss filed by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Clark, Brian) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
56

NOTICE of Appearance by Margaret Holmes Clanton on behalf of Patrick Howell (Clanton, Margaret) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
57

TEXT ORDER: Plaintiffs' response to Mr. Howell's motion to dismiss, Doc. 52, must be filed on or before JUNE 24, 2022. Any reply must be filed on or before JULY 8, 2022. Signed by Judge Anna M Manasco on 6/7/2022. (DNW) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
58

REPLY Brief filed by Defendant The Town of Brookside Alabama re: 44 MOTION to Dismiss Second Amended Complaint, 55 Opposition (other) filed by The Town of Brookside Alabama. (Attachments: # 1 Exhibit Act No. 2003-388)(Kinney, Richard) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
59

REPLY Brief filed by Defendant Jett's Towing Inc re: 53 Opposition (other) filed by Jett's Towing Inc. (Tidwell, Jay) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
60

RESPONSE in Opposition re 52 MOTION to Dismiss Filed by Patrick Howle filed by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Clark, Brian) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
61

MOTION to Amend/Correct 14 Amended Complaint by Ben Blackwell, James Donahue, Zackery Harris, Tinetta Jackson, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Clark, Brian) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
62

TEXT ORDER: The motion for leave to amend, 61, is GRANTED. The proposed amended complaint must be filed on or before AUGUST 26, 2022. Because the motions to dismiss are no longer directed to the operative complaint, those motions are DENIED as moot. Docs. 44, 45, 47, 52 . The denial is without prejudice to the defendants' opportunity to renew those motions upon the filing of the amended complaint. Signed by Judge Anna M Manasco on 08/18/2022. (AKD) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
63

SECOND AMENDED COMPLAINT against All Defendants, filed by Zackery Harris, Corey Thomas, Tinetta Jackson, Keyarah Smith, Gerald Smith, Brittany Todd, James Donahue, Ben Blackwell.(Clark, Brian) Modified on 8/29/2022 (FNC). (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

Clearinghouse
64

Unopposed MOTION for Extension of Time to File (RESPONSIVE PLEADING OR MOTION) by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Kyle Efferson, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. (Hale, Thomas) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
65

TEXT ORDER: The unopposed motion for extension of time is GRANTED. 64 . Signed by Judge Anna M Manasco on 08/30/2022. (AKD) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
66

MOTION for Extension of Time by The Town of Brookside Alabama. (Kinney, Richard) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
67

MOTION for Extension of Time by Patrick Howell. (Voss, Mickey) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
68

TEXT ORDER-The motions for extension of time are GRANTED. Docs. 66, 67 . Signed by Judge Anna M Manasco on 09/01/2022. (AKD) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
69

MOTION for Extension of Time to File Answer by Jett's Towing Inc. (Tidwell, Jay) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
70

TEXT ORDER-The motion for extension of time is GRANTED. 69 . Signed by Judge Anna M Manasco on 09/07/2022. (AKD) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
71

NOTICE by Ben Blackwell, Angela Crawford, James Donahue, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker (Attachments: # 1 Supplement)(Clark, Brian) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
72

MOTION to Reassign Case to this Court by Brittany Coleman, Brandon Jones, Chekeitha Grant, Alexis Thomas. (Attachments: # 1 Exhibit Addendum Chart, # 2 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
73

TEXT ORDER:Any response to Plaintiffs' Notice of their motion to consolidate this case with Wattson v. Town of Brookside, et al, Case No. 2:21-CV-00649-AMM, must be filed on or before OCTOBER 26, 2022. Any reply is due fourteen days after any response. Signed by Judge Anna M Manasco on 10/05/2022. (AKD) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
74

MOTION to Dismiss Second Amended Class Action Complaint and Brief by Town of Brookside, Alabama, The. (Kinney, Richard) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
75

MOTION to Dismiss Second Amended Complaint by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Kyle Efferson, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. (Hale, Thomas) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
76

MOTION to Dismiss Second Amended Complaint by Jett's Towing Inc. (Tidwell, Jay) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
77

Second MOTION to Dismiss by Patrick Howell. (Voss, Mickey) (Entered: 10/08/2022)

Oct. 8, 2022

Oct. 8, 2022

PACER
78

Opposition to re 71 filed by Town of Brookside, Alabama, The. (Kinney, Richard) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
79

TEXT ORDER:Any response to the motions to dismiss must be filed on or before NOVEMBER 30, 2022. Any reply is due within fourteen days of any response. Signed by Judge Anna M Manasco on 11/09/2022. (AKD) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
80

NOTICE by Ben Blackwell, Angela Crawford, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker (Attachments: # 1 Supplement Reply to Town of Brookside's Response to Plaintiff's Motion to Consolidate)(Clark, Brian) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
81

RESPONSE in Opposition re 75 MOTION to Dismiss Second Amended Complaint filed by Ben Blackwell, Angela Crawford, James Donahue, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker. (Attachments: # 1 Exhibit Exhibit A)(Clark, Brian) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
82

RESPONSE in Opposition re 76 MOTION to Dismiss Second Amended Complaint filed by Ben Blackwell, Angela Crawford, James Donahue, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker. (Clark, Brian) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
83

RESPONSE in Opposition re 74 MOTION to Dismiss Second Amended Class Action Complaint and Brief filed by Ben Blackwell, Angela Crawford, James Donahue, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker. (Clark, Brian) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
84

RESPONSE in Opposition re 77 Second MOTION to Dismiss filed by Ben Blackwell, Angela Crawford, James Donahue, Roger Grace, Zackery Harris, Tinetta Jackson, Sean Jones, Daniel Kilgore, Darren LeCroy, Gerald Smith, Keyarah Smith, Corey Thomas, Brittany Todd, John J.D. Walker. (Clark, Brian) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
85

ORDER- The plaintiffs in Coleman filed a motion in this action requesting that Coleman be reassigned to the undersigned. 72 . For the reasons stated in that motion, the court exercises its discretion to reassign Coleman to the undersigned. Accordingly, that motion is GRANTED and the Clerk of Court is DIRECTED to reassign Coleman to the undersigned. The parties in all four cases are ORDERED to meet and confer and submit a joint status report stating their views regarding consolidation of all four above-named cases within fourteen days. A status conference is SET for JANUARY 5, 2023, at 9:00 a.m., in Courtroom 5B, Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Anna M Manasco on 12/07/2022. (AKD) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
86

REPLY Brief filed by Defendant Town of Brookside, Alabama, The re: 83 Response in Opposition to Motion, 74 MOTION to Dismiss Second Amended Class Action Complaint and Brief filed by Town of Brookside, Alabama, The. (Kinney, Richard) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
87

STATUS REPORT by Brittany Coleman, Chekeitha Grant, Brandon Jones, Alexis Thomas. filed by Brittany Coleman, Chekeitha Grant, Brandon Jones, Alexis Thomas (Tsitsuashvili, Jaba) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER

Status Conference

Jan. 5, 2023

Jan. 5, 2023

PACER

Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 1/5/2023. (Court Reporter Teresa Roberson.) (FNC)

Jan. 5, 2023

Jan. 5, 2023

PACER
88

ORDER-For the foregoing reasons, the motion to consolidate is GRANTED and the above-styled cases are CONSOLIDATED. Wattson 29 . The motions to dismiss are GRANTED in part and DENIED in part. Wattson 32 ; Thomas Docs. 74, 75, 76, 77 . The request for leave to amend is GRANTED as to: claims that survive dismissal; and claims that are dismissed without prejudice because of pleading defects. The request for leave to amend is DENIED as to claims that are dismissed with prejudice because repleading those claims would be futile.Plaintiffs are ORDERED to file a consolidated class action complaint that complies with this order WITHIN FOURTEEN DAYS. Signed by Judge Anna M Manasco on 05/12/2023. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(AKD) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

Clearinghouse
89

MOTION for Entry of Judgment under Rule 54(b) To Certify Claim for Interlocutory Appeal by Sean Wattson, Angela Crawford, Zackery Harris, Sean Jones, Daniel Kilgore, Darren LeCroy, Brittany Todd. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(Clark, Brian) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

RECAP
90

TEXT ORDER:Any response to the motion for entry of judgment, Doc. 42, is due within TWENTY-ONE (21) DAYS of the issuance of this order. Signed by Judge Anna M Manasco on 06/09/2023. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(AKD) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER
91

RESPONSE to Motion re 89 MOTION for Entry of Judgment under Rule 54(b) To Certify Claim for Interlocutory Appeal filed by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. (Hale, Thomas) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
92

RESPONSE to Motion re (42 in 2:21-cv-00649-AMM, 89 in 2:22-cv-00157-AMM) MOTION for Entry of Judgment under Rule 54(b) To Certify Claim for Interlocutory Appeal filed by Jon Atkinson, Dalton Brody, William Bynum, John Campbell, DeShawn Cook, Richard Jaynes, Michael Jones, Benjamin Loebler, Wendy Long, Maresha Moses, Ivory Price, Anthony Ragsdale, Justin Reeser, Christopher Robertson, James Savelle, III, Marcus Sellers, Billy Shoults, Bradley Singleton, Robert Stewart, Sydni Thompson, Timothy Turner. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(Hale, Thomas) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
93

RESPONSE in Opposition re (42 in 2:21-cv-00649-AMM, 89 in 2:22-cv-00157-AMM) MOTION for Entry of Judgment under Rule 54(b) To Certify Claim for Interlocutory Appeal filed by Kyle Efferson, Patrick Howell. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(Voss, Mickey) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
94

ORDER DENYING 42 Motion for Entry of Judgment under Rule 54(b) in case 2:21-cv-00649-AMM; The parties in these consolidated actions as well as the parties in Coleman are ORDERED to meet and confer regarding coordinating pretrial proceedings and are DIRECTED to submit a joint proposed scheduling order within TWENTY-ONE (21) DAYS of the issuance of this order. Signed by Judge Anna M Manasco on 07/21/2023. Associated Cases: 2:21-cv-00649-AMM, 2:22-cv-00157-AMM(AKD) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

Clearinghouse

Case Details

State / Territory: Alabama

Case Type(s):

Policing

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Traffic Stop Litigation

Key Dates

Filing Date: Feb. 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual resident of the Town of Brookside, Alabama and a putative class of all people whose property has been confiscated or retained by the Town and all people who have been charged excessive fines or court costs related to arrest

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Town of Brookside, Alabama, City

Jett's Towing, Inc., Private Entity/Person

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Excessive bail/fines

Due Process: Substantive Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Forfeiture