Case: American Civil Liberties Union Foundation of South Carolina v. Stirling

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT against Bryan Stirling ( Filing fee $ 405 receipt number ASCDC-11606220.), filed by American Civil Liberties Union Foundation of South Carolina. Service due by 5/22/2024(ahil) (Entered: 02/23/2024)

Local Rule 26.01 Answers to Interrogatories by Bryan Stirling.(ahil) (Entered: 02/23/2024)

MOTION for Preliminary Injunction by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 3/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Affidavit Declaration of Allen Chaney, # 3 Exhibit A -- SCDC Policy GA-02.01, # 4 Exhibit B -- SCDC Press Release (Aug. 30, 2023), # 5 Exhibit C -- Post and Courier Article Interviewing Bryan Stirling, # 6 Exhibit D -- SCDC Letter to Jim Griffin (Aug. 30, 2023), # 7 Exhibit E -- SCDC Incident Report (Aug. 14, 2023), # 8 Exhibit F -- SCDC Incident Report (Aug. 15, 2023), # 9 Exhibit G -- FITSNews Article, # 10 Exhibit H -- Columbia Journalism Review Article re SCDC, # 11 Exhibit I -- SCDC Policy OP-22.53, # 12 Exhibit J -- 50 State Survey of Press Access in Prisons)No proposed order.(Chaney, David) (Entered: 02/23/2024)

1 Memo in Support Memorandum of Law in Support of Plaintiff's Motion for Prel

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2 Affidavit Declaration of Allen Chaney

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3 Exhibit A -- SCDC Policy GA-02.01

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4 Exhibit B -- SCDC Press Release (Aug. 30, 2023)

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5 Exhibit C -- Post and Courier Article Interviewing Bryan Stirling

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6 Exhibit D -- SCDC Letter to Jim Griffin (Aug. 30, 2023)

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7 Exhibit E -- SCDC Incident Report (Aug. 14, 2023)

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8 Exhibit F -- SCDC Incident Report (Aug. 15, 2023)

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9 Exhibit G -- FITSNews Article

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10 Exhibit H -- Columbia Journalism Review Article re SCDC

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11 Exhibit I -- SCDC Policy OP-22.53

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12 Exhibit J -- 50 State Survey of Press Access in Prisons

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Summons Issued as to Bryan Stirling. (ahil) (Entered: 02/23/2024)

CERTIFICATE OF SERVICE by American Civil Liberties Union Foundation of South Carolina re 5 Summons Issued, 1 Complaint, 4 MOTION for Preliminary Injunction, 3 Local Rule 26.01 Answers to Interrogatories (Chaney, David) (Entered: 03/01/2024)

SUMMONS Returned Executed by American Civil Liberties Union Foundation of South Carolina. Bryan Stirling served on 3/1/2024, answer due 3/22/2024. (Attachments: # 1 Affidavit Affidavit of Service)(Chaney, David) Modified on 3/7/2024 to edit filing date to that of the original (ahil). (Entered: 03/05/2024)

DELETION OF DOCKET ENTRY NUMBER 6 Reason: Refiled by filer to correct multiple filing issues.Corrected Filing Document Number 7 Modified filing date to that of original filing: 3/01/2024. (ahil) (Entered: 03/07/2024)

Entry Deletion

NOTICE of Appearance by Kevin A Hall on behalf of Bryan Stirling (Hall, Kevin) (Entered: 03/20/2024)

Consent MOTION for Extension of Time by Bryan Stirling. Response to Motion due by 4/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Hall, Kevin) (Entered: 03/20/2024)

MOTION to Appear Pro Hac Vice by David Fathi ( Filing fee $ 350 receipt number ASCDC-11662169) by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 4/4/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application for Admission PHV, # 2 Supporting Documents Certificate of Good Standing (Fathi))No proposed order.(Chaney, David) (Entered: 03/21/2024)

Local Rule 26.01 Answers to Interrogatories by American Civil Liberties Union Foundation of South Carolina. Refiled by clerk to correct filer.(ahil) (Entered: 03/27/2024)

MOTION to Appear Pro Hac Vice by Emerson Sykes ( Filing fee $ 350 receipt number BSCDC-11665204) by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 4/5/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application for Admission PHV, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Chaney, David) (Entered: 03/22/2024)

TEXT ORDER granting 13 Motion for David Cyrus Fathi to Appear Pro Hac Vice on behalf of Plaintiff American Civil Liberties Union Foundation of South Carolina. Signed by the Honorable Jacquelyn D. Austin on March 22, 2024.(ahil) (Entered: 03/22/2024)

TEXT ORDER granting 14 Motion for Emerson James Sykes to Appear Pro Hac Vice on behalf of Plaintiff American Civil Liberties Union Foundation of South Carolina. Signed by the Honorable Jacquelyn D. Austin on March 22, 2024.(ahil) (Entered: 03/22/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 10 consent motion for extension of time. Defendant's response to Plaintiff's motion for preliminary injunction is due April 2, 2024. IT IS SO ORDERED. Signed by the Honorable Jacquelyn D. Austin on March 25, 2024. (ahil) (Entered: 03/25/2024)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

CLERK's NOTICE: Defendant is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file by Tuesday, April 2, 2024(ahil) Modified on 3/27/2024 to edit text (ahil). (Entered: 03/27/2024)

Notice Other

MOTION to Dismiss by Bryan Stirling. Response to Motion due by 4/16/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Def's MTD and in Opposition to Plt's Motion for Preliminary Injunction, # 2 Exhibit A to Memo - Affidavit of Chrysti Shain, # 3 Exhibit B to Memo - Affidavit of Bryan Antonelli)No proposed order.(Hall, Kevin) (Entered: 04/02/2024)

1 Memo in Support of Def's MTD and in Opposition to Plt's Motion for Pre

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2 Exhibit A to Memo - Affidavit of Chrysti Shain

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3 Exhibit B to Memo - Affidavit of Bryan Antonelli

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RESPONSE in Opposition re 4 MOTION for Preliminary Injunction Response filed by Bryan Stirling.Reply to Response to Motion due by 4/9/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Affidavit of Chrysti Shain, # 2 Exhibit B - Affidavit of Bryan Antonelli)(Hall, Kevin) (Entered: 04/02/2024)

Local Rule 26.01 Answers to Interrogatories by Bryan Stirling.(Hall, Kevin) (Entered: 04/02/2024)

MOTION to Appear Pro Hac Vice by Corene Kendrick ( Filing fee $ 350 receipt number ASCDC-11692481) by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 4/19/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application for Admission PHV, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Chaney, David) (Entered: 04/05/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion, by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 4/19/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) (Entered: 04/05/2024)

TEXT ORDER granting 24 consent motion for extension of time. Plaintiff's reply to Defendant's response in opposition to Plaintiff's motion for preliminary injunction is due April 16, 2024. Signed by the Honorable Jacquelyn D. Austin on April 8, 2024.(ahil) (Entered: 04/08/2024)

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

RESPONSE in Opposition re 20 MOTION to Dismiss Response filed by American Civil Liberties Union Foundation of South Carolina.Reply to Response to Motion due by 4/23/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Main Document 26 replaced on 4/17/2024 with document provided by filer.) (ahil) (Entered: 04/16/2024)

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction Response filed by American Civil Liberties Union Foundation of South Carolina. (Chaney, David) (Entered: 04/16/2024)

AFFIDAVIT in Support re 21 Response in Opposition to Motion, . (Attachments: # 1 Exhibit 1 - Affidavit of Chrysti Shain)(Hall, Kevin) (Entered: 04/23/2024)

REPLY to Response to Motion re 20 MOTION to Dismiss Response filed by Bryan Stirling. (Hall, Kevin) (Entered: 04/23/2024)

TEXT ORDER denying 23 Motion to Appear Pro Hac Vice with leave to refile. Signed by the Honorable Jacquelyn D Austin on April 24, 2024.(ahil) (Entered: 04/24/2024)

Order on Motion to Appear Pro Hac Vice

MOTION to Appear Pro Hac Vice by Corene Kendrick ( Filing fee $ 350 receipt number BSCDC-11775134) by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 6/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear Pro Hac Vice, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Chaney, David) (Entered: 05/20/2024)

TEXT ORDER granting 32 Motion for Corene Thaedra Kendrick to Appear Pro Hac Vice on behalf of plaintiff American Civil Liberties Union Foundation of South Carolina. Signed by the Honorable Jacquelyn D. Austin on June 7, 2024.(ahil) (Entered: 06/07/2024)

Order on Motion to Appear Pro Hac Vice

MOTION to Expedite Consideration of Preliminary Injunction and Notice of Supplemental Facts by American Civil Liberties Union Foundation of South Carolina. Response to Motion due by 8/27/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Owens v. Stirling, Op. No. 28222 (S.C. July 31, 2024))No proposed order.(Chaney, David) (Entered: 08/13/2024)

~Util - Set Deadlines

TEXT ORDER directing Defendant to respond to 34 Plaintiff's motion to expedite by August 23, 2024. Signed by the Honorable Jacquelyn D. Austin on August 16, 2024. (ahil)

RESPONSE in Opposition re 34 MOTION to Expedite Consideration of Preliminary Injunction and Notice of Supplemental Facts Response filed by Bryan Stirling.Reply to Response to Motion due by 8/30/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hall, Kevin) Modified on 8/23/2024 to update docket text per filing user (apsn). (Entered: 08/23/2024)

OPINION AND ORDER denying 4 Motion for Preliminary Injunction; granting 20 Motion to Dismiss; finding as moot 34 Motion to Expedite. Signed by Honorable Jacquelyn D Austin on 8/30/2024.(cbru, )

JUDGMENT dismissing this action with prejudice. (cbru, ) (Entered: 08/30/2024)

NOTICE OF APPEAL as to 37 Judgment, 36 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, Order on Motion to Expedite by American Civil Liberties Union Foundation of South Carolina. - Filing fee $ 605, receipt number ASCDC-11980670. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Chaney, David) (Entered: 09/09/2024)

Transmittal Sheet for Notice of Appeal to USCA re 39 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (apsn) (Entered: 09/10/2024)

USCA OPINION for 39 Notice of Appeal, filed by American Civil Liberties Union Foundation of South Carolina. Decision of Appeals Court Affirmed by published opinion decision of District Court. (ahil) Modified on 12/13/2024 to edit text (ahil). (Entered: 12/13/2024)

USCA Mandate