Case: Schmidt v. City of Norfolk

2:24-cv-00621 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 21, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 21, 2024, two Norfolk, Virginia residents, represented by the Institute for Justice, filed a lawsuit department in the United States District Court for the Eastern District of Virginia. The initial complaint named the City of Norfolk, the Chief of Police, and the Norfolk Police Department as defendants. Later, the Chief of Police and the Norfolk Police Department were dismissed, leaving the City of Norfolk as the sole defendant. Plaintiffs alleged that the City had installed a networ…

On October 21, 2024, two Norfolk, Virginia residents, represented by the Institute for Justice, filed a lawsuit department in the United States District Court for the Eastern District of Virginia. The initial complaint named the City of Norfolk, the Chief of Police, and the Norfolk Police Department as defendants. Later, the Chief of Police and the Norfolk Police Department were dismissed, leaving the City of Norfolk as the sole defendant. Plaintiffs alleged that the City had installed a network of cameras that tracked residents' every move and stored the data in an AI-assisted database that enabled warrantless surveillance, in violation of rights under the Fourth Amendment. The plaintiffs sought declaratory relief, injunctive relief, and attorneys' fees. The case was assigned to Judge Mark S. Davis. 

On November 25, 2024, Defendants collectively filed a motion to dismiss, alleging plaintiffs lack standing under Rule 12(b)(1), lack of personal jurisdiction over NPD under Rule 12(b)(2), and failure to state a claim under Rule 12(b)(6). Following this, the parties filed a consent motion to dismiss NPD without prejudice, which was granted by the Court. 

On February 5, 2025, the Court denied the motion to dismiss filed by the City of Norfolk and Chief Talbot. The Court reasoned that Plaintiffs sufficiently alleged a violation of their subjective and reasonable objective privacy expectations, and  plausibly alleged that a search occurred. The Court stated that, taking all well-pled facts in the complaint as true, it could conclude that  Defendants had violated Plaintiffs' Fourth Amendment rights. 

The case is ongoing. 

Summary Authors

Renuka Wagh (2/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69288422/parties/schmidt-v-city-of-norfolk/


Judge(s)

Davis, Mark Steven (Virginia)

Attorney for Plaintiff

Dehbozorgi, Tahmineh (Virginia)

Frommer, Robert Peller (Virginia)

Attorney for Defendant

Melita, Adam Daniel (Virginia)

Soloria, Karla Marissa (Virginia)

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Documents in the Clearinghouse

Document
1

2:24-cv-00621

Complaint for Declaratory and Injunctive Relief

Oct. 21, 2024

Oct. 21, 2024

Complaint
29

2:24-cv-00621

Opinion and Order

Feb. 5, 2025

Feb. 5, 2025

Order/Opinion

2025 WL 410080

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69288422/schmidt-v-city-of-norfolk/

Last updated March 11, 2025, 11:08 a.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 405, receipt number AVAEDC-9803266.), filed by Lee Schmidt, Crystal Arrington. (Attachments: # 1 Civil Cover Sheet)(Frommer, Robert) (Entered: 10/21/2024)

1 Civil Cover Sheet

View on RECAP

Oct. 21, 2024

Oct. 21, 2024

Clearinghouse

Initial Case Assignment

Oct. 21, 2024

Oct. 21, 2024

PACER
2

NOTICE of Appearance by Robert Peller Frommer on behalf of Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
3

Proposed Summons for City of Norfolk by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
4

Proposed Summons to Norfolk Police Department by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
5

Proposed Summons to Mark Talbot, in his official capacity as the Norfolk Chief of Police by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
6

Financial Interest Disclosure Statement (Local Rule 7.1) by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
7

Motion to appear Pro Hac Vice by Michael B. Soyfer and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9803467. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
8

Motion to appear Pro Hac Vice by Joshua A. Windham and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9803480. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER

Initial Case Assignment to Chief District Judge Mark S. Davis and Magistrate Judge Lawrence R. Leonard. (epri, )

Oct. 21, 2024

Oct. 21, 2024

PACER
9

Three (3) Summonses Issued as to City of Norfolk, Norfolk Police Department, Mark Talbot. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Civil Motions Procedures)(epri, ) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
10

ORDER granting 7 Motion for Pro hac vice for Michael Benjamin Soyfer on behalf of Crystal Arrington and Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 10/23/2024. (alet) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
11

ORDER granting 8 Motion for Pro hac vice for Joshua Aaron Windham on behalf of Crystal Arrington and Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 10/23/2024. (alet) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
12

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington City of Norfolk served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

Nov. 4, 2024

Nov. 4, 2024

PACER
13

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington Mark Talbot served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

Nov. 4, 2024

Nov. 4, 2024

PACER
14

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington Norfolk Police Department served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

Nov. 4, 2024

Nov. 4, 2024

PACER
15

Joint MOTION for Extension of Time by City of Norfolk, Norfolk Police Department, Mark Talbot. (Attachments: # 1 Proposed Order proposed order Joint Motion for Extension of Time)(Soloria, Karla) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

PACER

Motions Referred

Nov. 13, 2024

Nov. 13, 2024

PACER

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 15 Joint MOTION for Extension of Time (jhie, )

Nov. 13, 2024

Nov. 13, 2024

PACER
16

NOTICE of Appearance by Adam Daniel Melita on behalf of City of Norfolk, Norfolk Police Department, Mark Talbot (Melita, Adam) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

PACER
17

ORDER granting 15 Motion for Extension of Time. Defendants shall file their motion in response to the Complaint by November 25, 2024; Plaintiffs shall file a response by December 16, 2024, and the Defendant's reply brief shall be filed within 6 days of Plaintiffs' response. Signed by Magistrate Judge Lawrence R. Leonard on 11/14/2024. (jhie, ) (Entered: 11/14/2024)

Nov. 14, 2024

Nov. 14, 2024

PACER
18

MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department by City of Norfolk, Norfolk Police Department, Mark Talbot. (Soloria, Karla) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

RECAP
19

Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by City of Norfolk, Norfolk Police Department, Mark Talbot. (Soloria, Karla) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

RECAP
20

MOTION to Dismiss Norfolk Police Department Without Prejudice, Subject to Conditions by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Proposed Order Consent Order)(Frommer, Robert) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

RECAP
21

CONSENT ORDER dismissing the Norfolk Police Department without prejudice. Signed by Chief District Judge Mark S. Davis on 12/13/2024. (jhie, ) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER
22

RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

RECAP
23

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 12/22/2024)

Dec. 22, 2024

Dec. 22, 2024

RECAP
24

Request for Hearing by City of Norfolk, Mark Talbot (Soloria, Karla) (Entered: 12/22/2024)

Dec. 22, 2024

Dec. 22, 2024

PACER
25

Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9946469. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER

Notice of Correction re 25 Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9946469. Counsel is advised that the application must have at least one other federal district court listed where the Applicant is admitted to practice in. Please refile with the correction. Counsel does not need to pay another filing fee. (alet)

Jan. 15, 2025

Jan. 15, 2025

PACER

Notice of Correction

Jan. 15, 2025

Jan. 15, 2025

PACER
26

Amended Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER

Refer for 16(b) (jhie, )

Jan. 22, 2025

Jan. 22, 2025

PACER

Refer for 16(b)

Jan. 22, 2025

Jan. 22, 2025

PACER
27

ORDER granting 26 Motion for Pro hac vice Appointed Tahmineh Dehbozorgi for Crystal Arrington,Tahmineh Dehbozorgi for Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 1/23/2025. (alet) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER
28

RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 2/20/2025 at 09:00 AM Remotely via ZoomGov. Signed by Magistrate Judge Lawrence R. Leonard and filed on 2/5/2025. (Invitations will be sent to counsel)(vwar) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
29

OPINION AND ORDER denying Defendants' 18 Motion to Dismiss on both Rule 12(b)(1) and Rule 12(b)(6) grounds. Signed by Chief District Judge Mark S. Davis on 2/5/2025. (jhie, )

Feb. 5, 2025

Feb. 5, 2025

RECAP
30

ANSWER to Complaint by City of Norfolk, Mark Talbot.(Soloria, Karla) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

RECAP

Scheduling Conference - Rule 16b held on 2/20/2025. (vwar)

Feb. 20, 2025

Feb. 20, 2025

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individuals residing in Norfolk, Virginia who are subject to Norfolk's automatic license plate reader surveillance program.

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Norfolk (Norfolk), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet