Case: Cox v. Voyles

2:15-cv-01386 | U.S. District Court for the District of Arizona

Filed Date: July 22, 2015

Closed Date: April 30, 2018

Clearinghouse coding complete

Case Summary

On July 22, 2015, a private citizen filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiff sued several Pinal County officials, including the county attorney, sheriff, clerk of the superior court, and deputy county attorney, under 42 U.S.C. § 1983. Represented by private counsel and the ACLU, the plaintiff sought declaratory and injunctive relief as well as monetary damages. The case was assigned to Judge Diane Joyce Humetewa.  The plaintiff claimed that the en…

On July 22, 2015, a private citizen filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiff sued several Pinal County officials, including the county attorney, sheriff, clerk of the superior court, and deputy county attorney, under 42 U.S.C. § 1983. Represented by private counsel and the ACLU, the plaintiff sought declaratory and injunctive relief as well as monetary damages. The case was assigned to Judge Diane Joyce Humetewa. 

The plaintiff claimed that the enforcement of Arizona’s Civil Asset Forfeiture Laws were facially unconstitutional. Under Arizona law, law enforcement could seize any property they alleged was involved in a crime and then keep or sell the property. Even if the owner was never charged or convicted of a crime, they could keep the property. The plaintiff’s truck was seized while her son was using it by police who alleged it was stolen. When the plaintiff tried to fight the claim that it had been stolen, she was threatened by the defendants who told her she would have to pay attorneys fees and other costs if she lost the suit. She alleged violations of her First, Fourth, Fifth, and Fourteenth Amendment rights. 

According to the complaint, the plaintiff’s Fifth and Fourteenth Amendment due process rights had been violated since the Arizona forfeiture laws improperly financially motivated the defendants to seize property. These rights were also violated by the uncontested forfeiture nature of the law.

The plaintiff also claimed that because the costs to recover her truck were greater than the value of the truck, there was an unconstitutional burden on her ability to petition the state to redress her grievances. This and the filing fees the plaintiff had to pay to start a claim were violations of the First Amendment. In addition, the Fourth Amendment was violated when the plaintiff’s truck was illegally seized. 

On October 9, 2015, the defendant county clerk of the superior court filed a motion to dismiss. On the same day the rest of the defendants (“party defendants”)  also filed a motion to dismiss.

On October 9, 2015, the State of Arizona filed a motion to intervene to defend the constitutionality of Arizona statutes. On October 27, the court granted the motion to intervene. On the same day, the state filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. 

On August 18, 2017, the court granted in part and denied in part the motion to dismiss as to the party defendants and granted the motion in regards to the defendant county clerk of the superior court. As to the state’s motion to dismiss, the court granted in part and denied in part. 

The court first addressed whether the plaintiff’s claims were barred by the Rooker-Feldman Doctrine as asserted by all of the defendants. The doctrine prevented a losing party in state court from filing suit in federal district court if the losing party complained of an injury caused by a state court judgment and sought federal court review and rejection of that judgment. The defendants argued that the plaintiff was seeking federal review of the state court judgment regarding the seizure of her truck which was barred by the doctrine. The court found that the doctrine did not apply to the plaintiff’s case because the plaintiff was challenging the forfeiture statutes, not whether the state court had wrongly determined that her truck was subject to forfeiture. 

Next, the court considered the party defendants' argument that the plaintiff lacked standing because she had not established an injury-in-fact. The court found that the plaintiff had properly shown that her injury had stemmed from enforcement of the relevant statutes and that because they were still in effect, she could be injured by them in the future. 

The court then separately considered the standing issue as to the defendant clerk. Since the filing of the lawsuit the statute had been amended, there was no longer a filing fee in order to contest the seizure of property. For this reason, the First Amendment and Due Process claims against the defendant county clerk were now moot and consequently dismissed. 

The court also found that the plaintiff’s claim was not precluded because the plaintiff’s claims in state court were legally and factually distinct from those asserted in federal court. Claims against the deputy county attorney were dismissed as the court found that he had absolute immunity. The defendant deputy sheriff was found to have qualified immunity. Lastly, the court dismissed one of the plaintiff's due process claims that was based on the cumulative combination of failures of the defendants. Since the state had amended the statute to no longer charge a filing fee, this specific claim was moot. 2017 WL 11205981.

On September 1, 2017, Arizona and the remaining defendants, the county attorney and county sheriff, both filed motions for clarification on the court’s order. On September 27, 2017, the court denied Arizona’s motion, but granted the defendants’ motion. 2017 WL 11205975.

On April 27, 2018, the plaintiff filed a stipulation of dismissal with prejudice that noted that the parties had reached a settlement. The details of the settlement were not made public. On April 30, 2018, the court approved the stipulation and dismissed the case with prejudice. Each party bore their own attorneys fees and costs. This case is closed. 

Summary Authors

Rhea Sharma (4/8/2024)

Documents in the Clearinghouse

Document
1

2:15-cv-01386

Complaint

July 22, 2015

July 22, 2015

Complaint

2:15-cv-01386

Order

Aug. 18, 2017

Aug. 18, 2017

Order/Opinion

2017 WL 2017

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134349/cox-v-voyles/

Last updated March 31, 2024, 5:33 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11917502 filed by Rhonda Cox (submitted by Jean-Jacques Cabou). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(KGM) (Entered: 07/22/2015)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Civil Cover Sheet

View on PACER

July 22, 2015

July 22, 2015

Clearinghouse
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11917502 filed by Rhonda Cox (submitted by Jean-Jacques Cabou). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(KGM) (Entered: 07/22/2015)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Civil Cover Sheet

View on PACER

July 22, 2015

July 22, 2015

Clearinghouse
2

SUMMONS Submitted by Rhonda Cox (submitted by Jean-Jacques Cabou). (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KGM) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
2

SUMMONS Submitted by Rhonda Cox (submitted by Jean-Jacques Cabou). (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KGM) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
3

Filing fee paid, receipt number 0970-11917502. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-15-1386-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KGM) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
3

Filing fee paid, receipt number 0970-11917502. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-15-1386-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KGM) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
4

Summons Issued as to Paul R Babeu, Craig Cameron, Amanda Stanford, Lando Voyles. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KGM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
4

Summons Issued as to Paul R Babeu, Craig Cameron, Amanda Stanford, Lando Voyles. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KGM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
5

SUMMONS Submitted by Rhonda Cox (submitted by Jean-Jacques Cabou). (HLA) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
5

SUMMONS Submitted by Rhonda Cox (submitted by Jean-Jacques Cabou). (HLA) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
6

Summons Issued as to Samuel Hunt. (HLA) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
6

Summons Issued as to Samuel Hunt. (HLA) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
7

NOTICE re: of Constitutional Question by Rhonda Cox . (Attachments: # 1 Exhibit 1, part 1, # 2 Exhibit 1, part 2)(Cabou, Jean-Jacques) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
7

NOTICE re: of Constitutional Question by Rhonda Cox . (Attachments: # 1 Exhibit 1, part 1, # 2 Exhibit 1, part 2)(Cabou, Jean-Jacques) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
8

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 7/22/2015. (LFIG) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
8

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 7/22/2015. (LFIG) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
9

NOTICE re: Service by Rhonda Cox re: 8 Order re Rule 12(b) Motions . (Cabou, Jean-Jacques) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
9

NOTICE re: Service by Rhonda Cox re: 8 Order re Rule 12(b) Motions . (Cabou, Jean-Jacques) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Emma Andersson on behalf of Rhonda Cox. (BAS) (Entered: 07/28/2015)

July 27, 2015

July 27, 2015

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Emma Andersson on behalf of Rhonda Cox. (BAS) (Entered: 07/28/2015)

July 27, 2015

July 27, 2015

PACER

Pro Hac Vice Fee Paid

July 28, 2015

July 28, 2015

PACER

Pro Hac Vice Fee Paid

July 28, 2015

July 28, 2015

PACER
11

ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
11

ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
12

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint and Notice of Constitutional Question upon Lando M. Voyles, Pinal County Attorney on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
12

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint and Notice of Constitutional Question upon Lando M. Voyles, Pinal County Attorney on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
13

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Paul Babeu, Pinal County Sheriff on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
13

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Paul Babeu, Pinal County Sheriff on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
14

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Amanda Stanford, Pinal County Clerk of the Superior Court on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
14

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Amanda Stanford, Pinal County Clerk of the Superior Court on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
15

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Craig Cameron, Deputy Pinal County Attorney on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
15

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Craig Cameron, Deputy Pinal County Attorney on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
16

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Detective Samuel Hunt, Deputy Pinal County Sheriff on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
16

SERVICE EXECUTED filed by Rhonda Cox: Proof of Service re: Summons, Complaint, and Notice of Constitutional Question upon Detective Samuel Hunt, Deputy Pinal County Sheriff on 07/23/2015. (Cabou, Jean-Jacques) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX161087 as to Emma Andersson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 28, 2015

July 28, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX161087 as to Emma Andersson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 28, 2015

July 28, 2015

PACER
17

NOTICE of Appearance by James M Jellison on behalf of Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Jellison, James) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
17

NOTICE of Appearance by James M Jellison on behalf of Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Jellison, James) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
18

MOTION for Extension of Time to File Answer (and/or Responsive Pleading) by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
18

MOTION for Extension of Time to File Answer (and/or Responsive Pleading) by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
19

RESPONSE to Motion re: 18 MOTION for Extension of Time to File Answer (and/or Responsive Pleading) NOTICE of Non-Opposition to Defendants' Motion for Extension of Time to File an Answer or Response to Plaintiff's Complaint filed by Rhonda Cox. (Cabou, Jean-Jacques) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
19

RESPONSE to Motion re: 18 MOTION for Extension of Time to File Answer (and/or Responsive Pleading) NOTICE of Non-Opposition to Defendants' Motion for Extension of Time to File an Answer or Response to Plaintiff's Complaint filed by Rhonda Cox. (Cabou, Jean-Jacques) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
20

ORDER granting the 18 Motion for Extension of Time to Answer. ORDERED that Defendants Paul R Babeu, Craig Cameron, Samuel Hunt and Lando Voyles shall have up to and including October 9, 2015, to answer, move, or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 8/6/2015.(LFIG) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
20

ORDER granting the 18 Motion for Extension of Time to Answer. ORDERED that Defendants Paul R Babeu, Craig Cameron, Samuel Hunt and Lando Voyles shall have up to and including October 9, 2015, to answer, move, or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 8/6/2015.(LFIG) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
21

NOTICE of Appearance by Karen J Hartman-Tellez on behalf of Amanda Stanford. (Hartman-Tellez, Karen) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
21

NOTICE of Appearance by Karen J Hartman-Tellez on behalf of Amanda Stanford. (Hartman-Tellez, Karen) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
22

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT AND INTERVENE. (Attachments: # 1 Text of Proposed Order)(Hartman-Tellez, Karen) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
22

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT AND INTERVENE. (Attachments: # 1 Text of Proposed Order)(Hartman-Tellez, Karen) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
23

ORDER granting the parties' 22 Stipulation For Extension of Time and allowing Defendant Amanda Stanford, Clerk of the Pinal County Superior Court, until October 9, 2015 to answer or otherwise respond to the Complaint. ORDERED the State of Arizona may have until October 9, 2015 to file a motion to intervene and responsive pleading. Signed by Judge Diane J Humetewa on 8/11/2015. (LFIG) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
23

ORDER granting the parties' 22 Stipulation For Extension of Time and allowing Defendant Amanda Stanford, Clerk of the Pinal County Superior Court, until October 9, 2015 to answer or otherwise respond to the Complaint. ORDERED the State of Arizona may have until October 9, 2015 to file a motion to intervene and responsive pleading. Signed by Judge Diane J Humetewa on 8/11/2015. (LFIG) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
24

MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Exhibit A- E)(Jellison, James) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
24

MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Exhibit A- E)(Jellison, James) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
25

NOTICE of Appearance by Robert Lawrence Ellman on behalf of Arizona, State of. (Ellman, Robert) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
25

NOTICE of Appearance by Robert Lawrence Ellman on behalf of Arizona, State of. (Ellman, Robert) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
26

MOTION to Intervene to Defend Constitutionality of Arizona Statutes by Arizona, State of. (Attachments: # 1 Exhibit Motion to Dismiss, # 2 Exhibit Exhibit 1 to Motion to Dismiss, # 3 Text of Proposed Order Order Granting Motion)(Ellman, Robert) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
26

MOTION to Intervene to Defend Constitutionality of Arizona Statutes by Arizona, State of. (Attachments: # 1 Exhibit Motion to Dismiss, # 2 Exhibit Exhibit 1 to Motion to Dismiss, # 3 Text of Proposed Order Order Granting Motion)(Ellman, Robert) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
27

First MOTION to Dismiss Case by Amanda Stanford. (Attachments: # 1 Exhibit Exhibit 1)(Hartman-Tellez, Karen) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
27

First MOTION to Dismiss Case by Amanda Stanford. (Attachments: # 1 Exhibit Exhibit 1)(Hartman-Tellez, Karen) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
28

*JOINDER re: 24 Motion to Dismiss and 27 Motion to Dismiss Case by Arizona, State of . (Ellman, Robert) *Modified to correct event type and add document numbers on 10/21/2015 (KGM). (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
28

*JOINDER re: 24 Motion to Dismiss and 27 Motion to Dismiss Case by Arizona, State of . (Ellman, Robert) *Modified to correct event type and add document numbers on 10/21/2015 (KGM). (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
29

First MOTION for Extension of Time to File Response/Reply as to 27 First MOTION to Dismiss Case, 24 MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron, 26 MOTION to Intervene to Defend Constitutionality of Arizona Statutes (Stipulated) by Rhonda Cox. (Attachments: # 1 Text of Proposed Order)(Cabou, Jean-Jacques) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
29

First MOTION for Extension of Time to File Response/Reply as to 27 First MOTION to Dismiss Case, 24 MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron, 26 MOTION to Intervene to Defend Constitutionality of Arizona Statutes (Stipulated) by Rhonda Cox. (Attachments: # 1 Text of Proposed Order)(Cabou, Jean-Jacques) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
30

ORDER granting the 29 Stipulated Motion for Extension of Time. Plaintiff shall respond to the : 24, 27 MOTIONS to Dismiss on or before November 20, 2015. Defendants and the State shall reply in support of their Motions to Dismiss on or before December 18, 2015. Signed by Judge Diane J Humetewa on 10/26/2015.(LFIG) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
30

ORDER granting the 29 Stipulated Motion for Extension of Time. Plaintiff shall respond to the : 24, 27 MOTIONS to Dismiss on or before November 20, 2015. Defendants and the State shall reply in support of their Motions to Dismiss on or before December 18, 2015. Signed by Judge Diane J Humetewa on 10/26/2015.(LFIG) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
31

ORDER granting 26 State's Motion to Intervene. The State's Motion to Dismiss (Doc. 26 -1) shall be considered filed as of the date of this Order. Signed by Judge Diane J Humetewa on 10/27/15. (EJA) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
31

ORDER granting 26 State's Motion to Intervene. The State's Motion to Dismiss (Doc. 26 -1) shall be considered filed as of the date of this Order. Signed by Judge Diane J Humetewa on 10/27/15. (EJA) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
32

MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction by Arizona, State of. (EJA) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
32

MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction by Arizona, State of. (EJA) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
33

NOTICE of Appearance by Alexis Elizabeth Danneman on behalf of Rhonda Cox. (Danneman, Alexis) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
33

NOTICE of Appearance by Alexis Elizabeth Danneman on behalf of Rhonda Cox. (Danneman, Alexis) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
34

RESPONSE to Motion re: 24 MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron, 32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 27 First MOTION to Dismiss Case, RESPONSE to Motion re: 32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Rhonda Cox. (Cabou, Jean-Jacques) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
34

RESPONSE to Motion re: 24 MOTION to Dismiss Party Defendants M. Lando Voyles, Paul Babeu, Samuel Hunt, and Craig Cameron, 32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 27 First MOTION to Dismiss Case, RESPONSE to Motion re: 32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Rhonda Cox. (Cabou, Jean-Jacques) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
35

*Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss Party and 27 MOTION to Dimiss Case by Arizona, State of. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER GRANTING STATES UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS)(Hughes, Kenneth) *Modified to add document numbers on 12/9/2015 (KGM). (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
35

*Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss Party and 27 MOTION to Dimiss Case by Arizona, State of. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER GRANTING STATES UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS)(Hughes, Kenneth) *Modified to add document numbers on 12/9/2015 (KGM). (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
36

ORDER granting Intervenor-Defendant State of Arizona's 35 Motion for Extension of Time and that the State's reply in support of its Motion to Dismiss shall be due on or before January 8, 2016. Signed by Judge Diane J Humetewa on 12/9/2015.(LFIG) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
36

ORDER granting Intervenor-Defendant State of Arizona's 35 Motion for Extension of Time and that the State's reply in support of its Motion to Dismiss shall be due on or before January 8, 2016. Signed by Judge Diane J Humetewa on 12/9/2015.(LFIG) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
37

*Motion for Extension of time to file Reply in Support of Motion to Dismiss Joinder by Defendants Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) *Modified event on 12/11/2015 (LFIG). (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
37

*Motion for Extension of time to file Reply in Support of Motion to Dismiss Joinder by Defendants Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) *Modified event on 12/11/2015 (LFIG). (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
38

MOTION for Extension of Time Joinder in State's Unopposed Motion for Extension of Time to File Reply by Amanda Stanford. (Attachments: # 1 Text of Proposed Order)(Hartman-Tellez, Karen) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
38

MOTION for Extension of Time Joinder in State's Unopposed Motion for Extension of Time to File Reply by Amanda Stanford. (Attachments: # 1 Text of Proposed Order)(Hartman-Tellez, Karen) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
39

ORDER granting the 37, 38 Motions for Extension of Time and extending time for Defendants Voyles, Babeu, Hunt, Cameron, and Stanford to file their respective Replies in Support of Motions to Dismiss up to and including January 8, 2016. Signed by Judge Diane J Humetewa on 12/11/2015.(LFIG) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
39

ORDER granting the 37, 38 Motions for Extension of Time and extending time for Defendants Voyles, Babeu, Hunt, Cameron, and Stanford to file their respective Replies in Support of Motions to Dismiss up to and including January 8, 2016. Signed by Judge Diane J Humetewa on 12/11/2015.(LFIG) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
40

*REPLY to Response to Motion re: 32 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction by Arizona, State of. (Ellman, Robert) *Modified to correct event on 1/29/2016 (LFIG). (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
40

*REPLY to Response to Motion re: 32 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction by Arizona, State of. (Ellman, Robert) *Modified to correct event on 1/29/2016 (LFIG). (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
41

REPLY to Response to Motion re: 27 First MOTION to Dismiss Case filed by Amanda Stanford. (Hartman-Tellez, Karen) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
41

REPLY to Response to Motion re: 27 First MOTION to Dismiss Case filed by Amanda Stanford. (Hartman-Tellez, Karen) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
42

MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
42

MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Text of Proposed Order)(Jellison, James) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
43

FILED @ Doc. 45 LODGED Proposed Reply in Support of Motion to Dismiss re: 42 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Reply in support of Motion to Dismiss)(Jellison, James) Modified on 1/8/2016 (LFIG). (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
43

FILED @ Doc. 45 LODGED Proposed Reply in Support of Motion to Dismiss re: 42 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (Attachments: # 1 Reply in support of Motion to Dismiss)(Jellison, James) Modified on 1/8/2016 (LFIG). (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
44

ORDER granting the County Defendants' 42 Motion to Exceed Page Limitation. ORDERED directing the Clerk of Court to file the County Defendants' Reply in Support of Motion to Dismiss lodged at Doc. 43. Signed by Judge Diane J Humetewa on 1/8/2016.(LFIG) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
44

ORDER granting the County Defendants' 42 Motion to Exceed Page Limitation. ORDERED directing the Clerk of Court to file the County Defendants' Reply in Support of Motion to Dismiss lodged at Doc. 43. Signed by Judge Diane J Humetewa on 1/8/2016.(LFIG) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
45

REPLY to Response to Motion re: 24 MOTION to Dismiss filed by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (LFIG) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
45

REPLY to Response to Motion re: 24 MOTION to Dismiss filed by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles. (LFIG) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
46

NOTICE of Attorney Withdrawal ROBERT LAWRENCE ELLMAN filed by Kenneth Robert Hughes. (Hughes, Kenneth) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
46

NOTICE of Attorney Withdrawal ROBERT LAWRENCE ELLMAN filed by Kenneth Robert Hughes. (Hughes, Kenneth) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
47

NOTICE re: Notice of Supplemental Authority by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles . (Jellison, James) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
47

NOTICE re: Notice of Supplemental Authority by Paul R Babeu, Craig Cameron, Samuel Hunt, Lando Voyles . (Jellison, James) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
48

MOTION to Withdraw as Attorney Victoria Lopez by Rhonda Cox. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
48

MOTION to Withdraw as Attorney Victoria Lopez by Rhonda Cox. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Policing

Key Dates

Filing Date: July 22, 2015

Closing Date: April 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private citizen of Arizona.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pinal County (Pinal), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Procedural Due Process

Unreasonable search and seizure

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Courts

Fines/Fees/Bail/Bond

Forfeiture

Loss or damage to property