Case: Caddell v. Campbell

1:19-cv-00091 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 1, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 1, 2019, an individual arrested in Butler County, filed this class action lawsuit in the U.S. District Court for the Southern District of Ohio, Western Division. This action came about as a result of his arrest on February 23, 2017. After his arrest, he was detained in the Butler County Jail for five days without appearance before a judicial officer. The plaintiff sued the Presiding and Administrative Judge of the Fairfield Municipal Court as well as the City of Fairfield, Ohio, arg…

On February 1, 2019, an individual arrested in Butler County, filed this class action lawsuit in the U.S. District Court for the Southern District of Ohio, Western Division. This action came about as a result of his arrest on February 23, 2017. After his arrest, he was detained in the Butler County Jail for five days without appearance before a judicial officer. The plaintiff sued the Presiding and Administrative Judge of the Fairfield Municipal Court as well as the City of Fairfield, Ohio, arguing that he was deprived of his fourth, sixth, eighth, and fourteenth amendment rights. The putative class, represented by Laufman Napolitano, LLC, sought injunctive relief to compel defendants to remedy their claimed constitutional violations, as well as damages, and attorney's fees. The plaintiff sought to certify a class of "individuals detained for more than 48 hours without appearance before a judicial officer pursuant to the policies, practices, and procedures of the defendants during the two years prior to the filing of this class action complaint and the date of final judgment in this matter". 

The complaint alleged that the city of Fairfield, Ohio, Fairfield Municipal Court Judge, and Butler County Jail maintained policies that detained individuals in Butler County Jail without access to bail, counsel, or judicial proceedings for over 48 hours, and at times up to five days. According to plaintiffs, this practice violated their constitutional rights to a prompt determination of probable case by a neutral and detached magistrate, as well as timely access to counsel and bail. 

On February 18, 2019, the plaintiffs filed an amended complaint. In this complaint, the Sheriff of Butler County, Ohio, was added as a defendant. The amended complaint discussed the Sheriff's policy of holding detainees for more than 48 hours. It explains that the City of Fairfield does not have a jail and it detains arrested individuals at the Butler County Jail. 

On April 5, 2019, defendant City of Fairfield filed a motion to dismiss for failure to state a claim, arguing that plaintiff failed to state a claim against it upon which relief may be granted. 

On April 19, 2019 defendant Judge of the Fairfield Municipal Court filed a motion to dismiss for failure to state a claim. She argued that the court lacked jurisdiction under Rooker-Feldman to hear this case. She also contended that plaintiffs' claim against her based on her role as a presiding judge must be dismissed as she was shielded by judicial immunity and the alleged acts failed to state a substantive claim from which plaintiffs could obtain relief. Furthermore, defendant argued that the claim against her based on her alleged policymaking role must be dismissed as she had qualified immunity and sovereign immunity. 

On May 21, 2019, defendant Butler County Sheriff filed a motion for judgment on the pleadings. Defendant Jones argued that given the facts in the amended complaint, the Sheriff did not violate plaintiff's fourth amendment rights, and the plaintiff did not plead facts establishing that the alleged constitutional violation was caused by the Sheriff's policies. He also argued that he was entitled to qualified immunity. 

On December 11, 2019, the case was reassigned to Judge Douglas R. Cole.

On February 12, 2020, the court released a report and recommendation. The report addressed the City of Fairfield's motion to dismiss and stated it found the arguments outlined by the city to be unpersuasive. The report stated it found that the plaintiff had sufficiently alleged that the City's policies deprived the right to a prompt appearance before a judicial officer. The report also addressed the Fairfield Municipal Court Judge's motion to dismiss, finding that the Rooker-Feldman doctrine did not apply, and the issue of both judicial and qualified immunity were premature and more appropriate for a future stage of litigation. In addition, the report discussed the Sheriff's motion for judgment on the pleadings, finding that plaintiff pleaded sufficient facts to link the Sheriff's policies to the claimed constitutional violation, and they found that determining whether Sheriff had qualified immunity was premature. This report recommended denying the defendant's motions on these issues thus far. 

On July 23, 2020, plaintiff filed a second amended complaint. This complaint added a second named plaintiff, detailing the second plaintiff's factual allegations. This named plaintiff clamed he was arrested by City of Fairfield officers and then transported to the Butler County Jail where he was held for four days without determination of probable cause or timely access to counsel and bail.

On August 13, 2020, defendant Judge of Fairfield Municipal Court filed a motion to dismiss plaintiffs' second amended complaint for failure to state a claim. The aforementioned defendant sought dismissal of all claims, incorporating her arguments for her previous motion to dismiss on plaintiffs' first amended complaint. She sought to apply all arguments presented in the previous request for dismissal to apply equally to the claims asserted by the second named plaintiff. 

On August 25, 2020, defendant Sheriff filed a motion for judgment on the pleadings. Defendant Judge of Fairfield Municipal Court incorporated the same arguments set forth in his prior Motion for Judgment on the Pleadings and asserted the same arguments to the second named plaintiff. 

On May 30, 2023, the court granted plaintiffs' motion to certify and certified the class.

On March 6, 2025, parties submitted a joint motion for preliminary approval of settlement agreement. The settlement agreement stated that defendants implemented updated policies and procedures to ensure compliance with the 48-hour rule in Fairfield. Additionally, the agreement stated that defendants agreed to pay class members $1,215,000 to resolve their claims as well as attorney's fees. 

As of April 2025, the parties are waiting for the settlement agreement to be approved by the court. The case is ongoing. 

Summary Authors

Renuka Wagh (4/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14885686/parties/caddell-v-campbell/


Judge(s)

Cole, Douglas Russell (Ohio)

Attorney for Plaintiff

Laufman, Paul Montague (Ohio)

Attorney for Defendant

Gerrity, Kevin James (Ohio)

Jonson, George Demetrios (Ohio)

McLandrich, John T (Ohio)

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Documents in the Clearinghouse

Document
1

1:19-cv-00091

Class Action Complaint

Feb. 1, 2019

Feb. 1, 2019

Complaint
6

1:19-cv-00091

First Amended Class Action Complaint

Feb. 18, 2019

Feb. 18, 2019

Complaint
9

1:19-cv-00091

Defendant City of Fairfield's Motion to Dismiss

April 5, 2019

April 5, 2019

Pleading / Motion / Brief
12

1:19-cv-00091

Hon. Joyce A. Campbell's Motion to Dismiss Plaintiff's Amended Complaint

April 19, 2019

April 19, 2019

Pleading / Motion / Brief
16

1:19-cv-00091

Defendant Butler County Sheriff Richard Jones' Motion for Judgment on the Pleadings

May 21, 2019

May 21, 2019

Pleading / Motion / Brief
29

1:19-cv-00091

Report and Recommendations

Feb. 12, 2020

Feb. 12, 2020

Magistrate Report/Recommendation

2020 WL 703951

29

1:19-cv-00091

Report and Recommendation

Feb. 12, 2020

Feb. 12, 2020

Magistrate Report/Recommendation

2020 WL 703951

45

1:19-cv-00091

Second Amended Class Action Complaint

July 23, 2020

July 23, 2020

Complaint
50

1:19-cv-00091

Hon. Joyce A. Campbell's Motion to Dismiss Plaintiffs' Second Amended Complaint

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief
51

1:19-cv-00091

Motion of Defendant Butler County Sheriff Richard Jones for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint

Aug. 25, 2020

Aug. 25, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14885686/caddell-v-campbell/

Last updated Aug. 17, 2025, 9:31 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joyce A Campbell, City of Fairfield, Ohio ( Filing fee $ 400 paid - receipt number: 0648-6777434), filed by Anselm Caddell. (Attachments: # 1 Civil Cover Sheet) (Laufman, Paul) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

Clearinghouse

If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw)

Feb. 4, 2019

Feb. 4, 2019

PACER
2

NOTICE of Appearance by Anthony P. McNamara for Defendant Joyce A Campbell (McNamara, Anthony) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
3

NOTICE of Appearance by Lisa Marie Zaring for Defendant Joyce A Campbell (Zaring, Lisa) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
4

ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman: This case is hereby ORDERED referred to Magistrate Judge Stephanie K. Bowman, who is authorized to rule on all motions except summary judgment motions; however, in no event will the Magistrate Judge grant any deadline extension that will impact final pretrial or trial settings. Any summary judgment motions will be decided by Judge Susan J. Dlott without the benefit of a Magistrate Judge's report and recommendation. Signed by Judge Susan J. Dlott on 2/6/2019. (jlw) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
5

NOTICE of Appearance by Casey C. Stansbury for Defendant City of Fairfield, Ohio (Stansbury, Casey) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
6

AMENDED COMPLAINT against Joyce A Campbell, City of Fairfield, Ohio, Richard Jones, filed by Anselm Caddell. (Laufman, Paul) (Entered: 02/18/2019)

Feb. 18, 2019

Feb. 18, 2019

Clearinghouse
7

NOTICE of Appearance by John Stephen Teetor for Defendant Richard Jones (Teetor, John) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
8

NOTICE of Appearance by Aaron Michael Glasgow for Defendant Richard Jones (Glasgow, Aaron) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Fairfield, Ohio. (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order) (Stansbury, Casey) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

Clearinghouse
10

ANSWER to 6 Amended Complaint filed by Richard Jones. (Attachments: # 1 Exhibit Exhibit A) (Glasgow, Aaron) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
11

NOTICE of Change of Address by Lisa Marie Zaring (Zaring, Lisa) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

Clearinghouse
13

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint), 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/20/2019. by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER

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

April 29, 2019

April 29, 2019

PACER

NOTATION ORDER granting 13 Plaintiff's First Unopposed Motion for Extension of Time Until 5/20/2019 to File Omnibus Response re 9 12 Defendants' Motions to Dismiss. Signed by Magistrate Judge Stephanie K. Bowman on 4/29/2019. (km)

April 29, 2019

April 29, 2019

PACER
14

NOTICE of Substitution of Counsel - John T McLandrich substituting for Casey C. Stansbury and Curtis M. Graham as to Defendant City of Fairfield, Ohio. (McLandrich, John) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
15

RESPONSE in Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint), 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER
16

MOTION for Judgment on the Pleadings by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

Clearinghouse
17

Endorsed MOTION for Extension of Time to File Response/Reply as to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) New date requested 6/17/2019. by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER

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

May 31, 2019

May 31, 2019

PACER

NOTATION ORDER granting 17 Stipulated Motion for Extension of Time Until 6/17/2019 for Defendant Joyce A Campbell to File Reply in Support re 12 Motion to Dismiss Amended Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2019. (km)

May 31, 2019

May 31, 2019

PACER
18

REPLY to Response to Motion re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant City of Fairfield, Ohio. (Attachments: # 1 Exhibit 1 - Anselm Caddell's Ticket, # 2 Exhibit 2 - License Suspension, # 3 Exhibit 3 - Fairfield Muncipal Docket, # 4 Exhibit 4 - Ward v City of Norwalk, # 5 Exhibit 5 - Raheem v Svoboda) (McLandrich, John) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
19

MOTION to Strike 16 MOTION for Judgment on the Pleadings by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
20

REPLY to Response to Motion re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
21

RESPONSE in Opposition re 19 MOTION to Strike 16 MOTION for Judgment on the Pleadings filed by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
22

REPLY to Response to Motion re 19 MOTION to Strike 16 MOTION for Judgment on the Pleadings filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

~Util - Set Deadlines

Oct. 7, 2019

Oct. 7, 2019

PACER

Telephone Conference

Oct. 7, 2019

Oct. 7, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 10/7/2019. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorney Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys John Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Parties to conduct Rule 26(f) Conference and submit Joint Discovery Plan to the Court by 11/27/2019. Telephone Scheduling Conference set for 12/4/2019 at 11:00 AM. (km)

Oct. 7, 2019

Oct. 7, 2019

PACER
24

NOTICE of Substitution of Counsel - Matthew E Stubbs substituting for Anthony P. McNamara as to Defendant Joyce A Campbell. (Stubbs, Matthew) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
25

RULE 26(f) REPORT of the Parties by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 12/5/2019. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorneys Lisa Zaring and Matthew Stubbs appeared on behalf of Defendant Joyce Campbell. Attorney John McLandrich appeared on behalf of Defendant City of Fairfield. Attorneys Stephen Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Calendar Order to follow. (km)

Dec. 5, 2019

Dec. 5, 2019

PACER
26

CALENDAR ORDER: Rule 26(a) Disclosures due 30 days after Report and Recommendation docketed on pending motions. Deadline for filing any motion for class certification set for 2/5/2020. Discovery deadline set for 12/1/2020. Deadline for Plaintiff to identify experts and provide reports set for 9/1/2020. Deadline for Defendants to identify experts and provide reports set for 11/2/2020. Number of Depositions extended to permit 20 depositions. Number of interrogatories extended to permit 50 interrogatories. Dispositive motion deadline set for 2/1/2021. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. The parties are to discuss if mediation is agreeable, and if so, when and with whom. Signed by Magistrate Judge Stephanie K. Bowman on 12/9/2019. (km) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER

Telephone Conference

Dec. 9, 2019

Dec. 9, 2019

PACER
27

ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
28

Unopposed MOTION to Extend Time to File Motion for Class Certification by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER

Order on Motion for Miscellaneous Relief

Feb. 4, 2020

Feb. 4, 2020

PACER

NOTATION ORDER granting 28 Plaintiff's Unopposed Motion for Extension of Time Until 3/6/2020 to File Motion for Class Certification. Signed by Magistrate Judge Stephanie K. Bowman on 2/4/2020. (km)

Feb. 4, 2020

Feb. 4, 2020

PACER
29

REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that: (1) Defendants City of Fairfield and Joyce A Campbell's motions to dismiss 9 12 be DENIED; (2) Defendant Richard Jones' motion for judgment on the pleadings 16 be DENIED; and (3) Plaintiff's motion to strike 19 is DENIED. Objections to R&R due by 2/26/2020. Signed by Magistrate Judge Stephanie K. Bowman on 2/12/2020. (km) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

Clearinghouse
30

Unopposed MOTION for Extension of Time to File New date requested 3/4/2020. Objections to the Magistrate Judge's Report and Recommendation by Defendant City of Fairfield, Ohio. (Attachments: # 1 Text of Proposed Order) (Loughry, Michael) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
31

Unopposed MOTION for Extension of Time New date requested 3/4/2020. by Defendant Joyce A Campbell. (Attachments: # 1 Exhibit Proposed Order) (Zaring, Lisa) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER

Order on Motion for Extension of Time

Feb. 25, 2020

Feb. 25, 2020

PACER

Order on Motion for Extension of Time to File

Feb. 25, 2020

Feb. 25, 2020

PACER

NOTATION ORDER granting the Unopposed Motions for Extension of Time to File Objections to the Magistrate Judge's Report and Recommendation (Docs. 30, 31 ) filed by Defendants City of Fairfield and Joyce C. Campbell. Accordingly, City of Fairfield and Joyce C. Campbell shall file objections, if any, on or before March 4, 2020. SO ORDERED. Signed by Douglas R. Cole on February 25, 2020. (sct)

Feb. 25, 2020

Feb. 25, 2020

PACER
32

OBJECTION to 29 Report and Recommendations by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
33

[FILED IN ERROR, PLEASE DISREGARD] Objection to Magistrate Judge Orderre 29 REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Joyce A Campbell, 16 MOTION for Judgment on the Pleadings filed by Richard Jones, 9 MOTION TO DIS by Defendant City of Fairfield, Ohio. (Loughry, Michael) Modified Docket Text on 3/5/2020 (bjc). (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
34

OBJECTION to 29 Report and Recommendations by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER

Notice of Corrective Docket Entry

March 5, 2020

March 5, 2020

PACER

Notice of Correction re: 33 Objection to Magistrate Judge Orderre 29 REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Joyce A Campbell, 16 MOTION for Judgment on the Pleadings, document was filed using the incorrect event, the filer has been contacted and is to re-file the document as Objections to the Report and Recommendation (bjc)

March 5, 2020

March 5, 2020

PACER
35

OBJECTION to 29 Report and Recommendations by Defendant City of Fairfield, Ohio. (Loughry, Michael) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
36

Second MOTION to Extend Time to File Motion for Class Certification by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
37

MOTION to Extend Time to File Memorandum in Opposition to Objections to the Report and Recommendation of the Magistrate Judge by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) Modified Event Type on 3/12/2020 (bjc). (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER

Order on Motion for Extension of Time

March 12, 2020

March 12, 2020

PACER

NOTATION ORDER granting 37 Plaintiff's Motion to Extend Time to File Memorandum in Opposition to Objections to the Report and Recommendation of the Magistrate Judge. Response due on or before 4/1/20. SO ORDERED. Signed by Judge Douglas R. Cole on 3/12/20. (sct)

March 12, 2020

March 12, 2020

PACER
38

RESPONSE in Opposition re 36 Second MOTION to Extend Time to File Motion for Class Certification filed by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones. (Attachments: # 1 Exhibit) (Glasgow, Aaron) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
39

REPLY to Response to Motion re 36 Second MOTION to Extend Time to File Motion for Class Certification filed by Plaintiff Anselm Caddell. (Attachments: # 1 Exhibit A) (Laufman, Paul) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
40

Response re 32 Objection to 29 Report and Recommendations, 34 Objection to 29 Report and Recommendations, 35 Objection to 29 Report and Recommendations by Plaintiff Anselm Caddell. (Laufman, Paul) Modified to create link to R&R on 4/2/2020 (eh). (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER

Telephone Conference

April 10, 2020

April 10, 2020

PACER

Order on Motion for Miscellaneous Relief

April 10, 2020

April 10, 2020

PACER

Minute Order. Telephone Conference held 4/102020 before Magistrate Judge Stephanie K. Bowman. Attorneys Greg Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorneys John McLandrich and Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys John Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Plaintiff's second motion to extend time to file motion for class certification 36 is granted. The deadline to file motion for class certification is extended to 6/15/2020. Plaintiff to propose stipulations. Parties to meet and confer as to those stipulations. Plaintiff then to propose limited discovery requests as they relate only to the class certification issue. Parties to meet and confer. A Follow-Up Telephone conference is set for 5/5/2020 at 11:00am. Counsel to submit a two-page statement via email to chambers by noon on 5/4/2020 setting forth what disputes remain and their respective position. (km)

April 10, 2020

April 10, 2020

PACER

Telephone Conference

May 5, 2020

May 5, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held 5/5/2020 regarding class certification discovery and the upcoming deadline for filing the motion to certify the class. Attorneys Paul Laufman and Greg Napolitano appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorneys John McLandrich and Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys Steve Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. After much discussion, the Court hereby STAYS the deadline for filing the motion to certify the class as well as any discovery until such time as there is a final adjudication of the pending motions (Docs. 9, 12, 16 and 19 ). The parties are directed to contact Judge Bowman's Courtroom Deputy to schedule a telephone conference within 14 days of the final adjudication of said motions. (km)

May 5, 2020

May 5, 2020

PACER
41

MOTION for Leave to File Second Amended Class Action Complaint by Plaintiff Anselm Caddell. (Attachments: # 1 Proposed Second Amended Class Action Complaint) (Laufman, Paul) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
42

RESPONSE in Opposition re 41 MOTION for Leave to File Second Amended Class Action Complaint filed by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones. (McLandrich, John) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
43

REPLY to Response to Motion re 41 MOTION for Leave to File Second Amended Class Action Complaint filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
44

ORDER granting 41 Plaintiffs' Motion for Leave to File Second Amended Class Action Complaint. Plaintiffs shall, within 7 days, electronically file the amended complaint as a stand-alone document. Signed by Magistrate Judge Stephanie K. Bowman on 7/23/2020. (km) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
45

AMENDED COMPLAINT (Second) against All Defendants, filed by Anselm Caddell. (Napolitano, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

Clearinghouse
46

STIPULATION re Extension of Time to Respond to the Second Amended Complaint by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
47

ANSWER with Jury Demand to 45 Amended Complaint filed by Richard Jones. (Glasgow, Aaron) Modified docket text on 8/7/2020 (eh). (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

Reset Deadlines re 46 : Joyce A Campbell answer due 8/13/2020. (kl)

Aug. 7, 2020

Aug. 7, 2020

PACER
48

Unopposed MOTION for Leave to File Answer to Plaintiffs' Second Amended Class Action Complaint Instanter by Defendant City of Fairfield, Ohio. (Attachments: # 1 Exhibit A - Answer to Second Amended Class Action Complaint) (Loughry, Michael) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Set/Reset Deadlines

Aug. 7, 2020

Aug. 7, 2020

PACER

NOTATION ORDER granting 48 Defendant City of Fairfield Ohio's Unopposed Motion for Leave to File Answer to Plaintiffs' Second Amended Class Action Complaint Instanter. The Clerk of Court shall detach and file forthwith the Answer to Second Amended Complaint attached to the instant motion. Signed by Magistrate Judge Stephanie K. Bowman on 8/11/2020. (km)

Aug. 11, 2020

Aug. 11, 2020

PACER
49

ANSWER with Jury Demand to 45 Second Amended Complaint filed by City of Fairfield, Ohio. (km) Modified docket text on 8/12/2020 (eh). (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Order on Motion for Leave to File

Aug. 11, 2020

Aug. 11, 2020

PACER
50

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

Clearinghouse
51

MOTION for Judgment on the Pleadings by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

Clearinghouse
52

RESPONSE in Opposition re 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint filed by Plaintiffs Anselm Caddell, Caleb Lawson. (Napolitano, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference at the request of Defendant City of Fairfield re: Status of the Report and Recommendation 29, Second Amended Complaint and current pending motions held on 9/9/2020. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiffs. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorney Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys Aaron Glasgow and John Teetor appeared on behalf of Defendant Richard Jones. Defendant City of Fairfield to file an "incorporation" of prior motion by 9/11/2020. Plaintiffs to file an "incorporation" response thereafter to Defendant Richard Jones and Defendant City of Fairfield's motions. All Defendants agree that reply briefs will not be filed. (km)

Sept. 9, 2020

Sept. 9, 2020

PACER

Telephone Conference

Sept. 9, 2020

Sept. 9, 2020

PACER
53

MOTION for Judgment on the Pleadings as to Anselm Caddell's Claims in Plaintiffs' Second Amended Class Action Complaint, Only, by Defendant City of Fairfield, Ohio. (Loughry, Michael) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
54

RESPONSE in Opposition re 53 MOTION for Judgment on the Pleadings as to Anselm Caddell's Claims in Plaintiffs' Second Amended Class Action Complaint, Only,, 51 MOTION for Judgment on the Pleadings filed by Plaintiffs Anselm Caddell, Caleb Lawson. (Laufman, Paul) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
55

REPORT AND RECOMMENDATION AND ORDER - for the reasons stated in the pending Report and Recommendation 29 which is incorporated herein, IT IS RECOMMENDED that: (1) Defendant Campbell's motion to dismiss 50 be DENIED; 2) Defendant Jones motion for judgment on the pleadings 51 be DENIED; and 3) Defendant City of Fairfield's motion for judgment on the pleadings 53 be DENIED. Additionally, based on the agreement of parties reached during a 9/9/2020 phone conference, it is further ORDERED that no objections shall be filed to this Report and Recommendation, thus making it immediately ripe for review. Signed by Magistrate Judge Stephanie K. Bowman on 9/16/2020. (km) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
56

NOTICE of Change of Address by John Stephen Teetor (Teetor, John) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
57

NOTICE by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones Of Withdrawal and Substitution of Counsel (Glasgow, Aaron) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
58

NOTICE of Appearance by Andrew Neil Yosowitz for Defendant Richard Jones (Yosowitz, Andrew) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
59

OPINION AND ORDER adopting 55 Second Report and Recommendation. Accordingly, the Court DENIES the Defendants' Motions to Dismiss (Docs. 9, 12, & 50); the Defendants' Motions for Judgment on the Pleadings (Docs. 16, 51, & 53); the Defendants' Objections to the First R&R (Docs. 32, 34, & 35); and Plaintiff's Motion to Strike (Doc. 19). The City of Fairfield, however, is not responsible for actions taken by the Fairfield Municipal Court and thus cannot be found liable on that basis. The Court DENIES the City of Fairfield's Motion for Judgment on the Pleadings (Doc. 53) as it relates to municipal liability stemming from the Fairfield City Police Department's customs and policies. Finally, Defendants Campbell and Jones' Motions (Docs. 50 & 51), as pertaining to qualified immunity, sovereign immunity, judicial immunity, and the Rooker-Feldman doctrine, are DENIED, but WITHOUT PREJUDICE to the Defendants' ability to re-raise the immunity issues on a more fully developed factual record. Signed by Judge Douglas R. Cole on 5/28/21. (sct) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

RECAP

NOTATION ORDER - In light of the Court's Order of 5/28/2021 59, the parties shall submit a Revised Rule 26(f) Report to the Court no later than 6/28/2021. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. Signed by Magistrate Judge Stephanie K. Bowman on 6/1/2021. (km)

June 1, 2021

June 1, 2021

PACER

~Util - Set Deadlines AND Order

June 1, 2021

June 1, 2021

PACER

Order AND ~Util - Set Deadlines

June 1, 2021

June 1, 2021

PACER
60

Joint MOTION Request for Status Conference by Plaintiffs Anselm Caddell, Caleb Lawson. (Laufman, Paul) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER

NOTATION ORDER granting 60 Joint Motion for Status Conference. The Court hereby schedules a Status Conference on 7/12/2021 at 10:00 am. The conference will be conducted by video conferencing (Zoom for Government). Login information will be provided to counsel prior to the date of the conference. Signed by Magistrate Judge Stephanie K. Bowman on 6/24/2021. (km)

June 24, 2021

June 24, 2021

PACER

Order on Motion for Miscellaneous Relief

June 24, 2021

June 24, 2021

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Status Conference held on 7/12/2021 by video conference. Attorneys Paul Laufman and Greg Napolitano appeared on behalf of Plaintiffs. Attorneys John McLandrich, Lisa Zaring, Steve Teetor and Andrew Yosowitz appeared on behalf of Defendants. Parties to work collaboratively to establish a cost-effective method to determine a proposed class while continuing efforts to engage in settlement discussions. A status conference/follow-up session with the Court is set for 9/13/2021 at 10:00 am via Zoom. A Calendar Order is being held in abeyance. (km)

July 12, 2021

July 12, 2021

PACER

NOTICE of Hearing: Follow-up Status Conference set for 9/13/2021 10:00 AM by video conference (Zoom for Government) before Magistrate Judge Stephanie K. Bowman. Login information will be provided to counsel prior to the date of the conference. (km)

July 12, 2021

July 12, 2021

PACER

Status Conference

July 12, 2021

July 12, 2021

PACER

Notice of Hearing

July 12, 2021

July 12, 2021

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Status Conference held by video conferencing (Zoom) on 9/13/2021. Defendants have been preparing a list of potential class members. Defendants asked for an additional 60 days to complete the list. Plaintiffs did not object. A follow-up conference to be held by video conference (Zoom) on 12/1/2021 at 10:00 am. The parties are to meet and confer prior to the 12/1/2021 conference with the Court. (km)

Sept. 13, 2021

Sept. 13, 2021

PACER

NOTICE of Hearing: Follow-up Status Conference set for 12/1/2021 10:00 AM by video conferencing (Zoom for Government) before Magistrate Judge Stephanie K. Bowman. Login information will be provided to counsel prior to the date of the conference. (km)

Sept. 13, 2021

Sept. 13, 2021

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals subject to a warrantless arrest by City of Fairfield Police Officers from February 1, 2017 until February 28, 2019 , and who were held by the Butler County Sheriff's office for more than 48 hours on charges pending in the Fairfield Municipal Court, if held without a post-arrest probable cause determination by a judicial officer and not otherwise subject to lawful detention for reasons unrelated to the warrantless arrest.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Fairfield (Butler), City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Excessive Bail/Fines

Due Process: Procedural Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Privileges and/or Immunities Clauses

Sixth Amendment (criminal jury, other rights)

Available Documents:

Trial Court Docket

Complaint (any)

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)