Case: Demery v. Arpaio

2:01-cv-00983 | U.S. District Court for the District of Arizona

Filed Date: June 4, 2001

Closed Date: Dec. 6, 2006

Clearinghouse coding complete

Case Summary

In May 2001, twenty-four former pre-trial detainees that had been locked up in the Maricopa County Madison Street Jail filed a lawsuit under 42 U.S.C. § 1983 in the Maricopa County Superior Court, seeking to enjoin the County Sheriff and Maricopa County from using webcams to stream live images of pretrial detainees on the Internet. The challenged practice began in July 2000, when four webcams began streaming live images of jailed pretrial detainees over the internet. Initially, the Maricopa C…

In May 2001, twenty-four former pre-trial detainees that had been locked up in the Maricopa County Madison Street Jail filed a lawsuit under 42 U.S.C. § 1983 in the Maricopa County Superior Court, seeking to enjoin the County Sheriff and Maricopa County from using webcams to stream live images of pretrial detainees on the Internet.

The challenged practice began in July 2000, when four webcams began streaming live images of jailed pretrial detainees over the internet. Initially, the Maricopa County Sheriff's website hosted the images, but because of the enormous volume of visits to the site, the hosting was transferred to a website called "Crime.com." The Sheriff claimed that the cameras served to open the jail to public scrutiny and to deter crime. He boasted that "[w]e get people booked in for murder all the way down to prostitution. . . . When those johns are arrested, they can wave to their wives on the camera." Plaintiffs alleged that the practice violated their rights as secured by the Due Process Clause of the Fourteenth Amendment. Other federal and state law claims were also raised.

Because the case presented a question of federal law, Defendants secured removal of the case to the U.S. District Court for the District of Arizona. After removal, Plaintiffs moved to sever the state law claims so that they could be pursued separately in state court. In lieu of severance, the District Court (Judge Earl H. Carroll) agreed to dismiss the state law claims and allow Plaintiffs to litigate those claims in state court. Plaintiffs also moved for a preliminary injunction. Defendants opposed the injunction and moved to dismiss the federal claims on various grounds, including that the Sheriff had the First Amendment right to use the webcams.

On March 11, 2003, the District Court (Judge Carroll) issued a preliminary injunction, finding that Plaintiffs would likely prevail on their claim that the use of the webcams violated their Fourteenth Amendment substantive due process rights by subjecting them to punishment. The Court dismissed most of the remaining federal law claims. The County and the Sheriff appealed to the Ninth Circuit, which upheld the preliminary injunction. Demery v. Arpaio, 378 F.3d 1020 (9th Cir. 2004), certiorari denied, Arpaio v. Demery, 545 U.S. 1139 (2005).

After the case was remanded, the parties settled and stipulated dismissal of the suit. By order dated October 6, 2006 and entered November 3, 2006, the District Court (Judge Carroll) adopted the parties' stipulation and dismissed the suit with prejudice. By the same order, the Court, pursuant to the settlement agreement, enjoined the Sheriff and Maricopa County from publishing, broadcasting, or disseminating over the internet, live streaming images of non-consenting pretrial detainees within the Maricopa County jail system. The order further provided that the injunction would expire five years after it was entered and that the parties would bear their own attorneys' fees and costs.

The settlement ended in 2011, and the case is now closed.

Summary Authors

Dan Dalton (2/3/2008)

People


Judge(s)

Bea, Carlos T. (California)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Carroll, Earl Hamblin (Arizona)

Paez, Richard A. (California)

Attorneys(s) for Plaintiff

Ambrose, Scott Adam (Arizona)

Ferragut, Ulises A (Arizona)

Leyh, Cynthia Ann (Arizona)

Attorneys(s) for Defendant

GilBride, Eileen Dennis (Arizona)

Kochis-Chapman, Jacqueline H. (Arizona)

Judge(s)

Bea, Carlos T. (California)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Carroll, Earl Hamblin (Arizona)

Paez, Richard A. (California)

Attorneys(s) for Plaintiff

Ambrose, Scott Adam (Arizona)

Ferragut, Ulises A (Arizona)

Leyh, Cynthia Ann (Arizona)

Attorneys(s) for Defendant

GilBride, Eileen Dennis (Arizona)

Kochis-Chapman, Jacqueline H. (Arizona)

Kravets, Andrea Lynn (Arizona)

Lackey, Cary LaMar (Arizona)

Stewart, Richard Alan (Arizona)

Struck, Daniel Patrick (Arizona)

Sullivan, Michael G (Arizona)

Warner, Randall H (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 3, 2006 Docket

Opinion

U. S. Court of Appeals for the Ninth Circuit

378 F.3d 1020

Aug. 6, 2004 Order/Opinion

[Cert. denied]

Arpaio v. Demery

Supreme Court of the United States

545 U.S. 1139, 125 S.Ct. 2961

June 27, 2005 Order/Opinion
126

Order

Aug. 23, 2006 Order/Opinion
127

Notice of Settlement

Sept. 11, 2006 Pleading / Motion / Brief

Settlement Agreement

Sept. 30, 2006 Settlement Agreement
132

Order

Oct. 6, 2006 Order/Opinion

Order

Oct. 6, 2006 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL from Maricopa County Superior Court Case Number: CV 2001-008827 (summons/complaint). (motion for preliminary injunction incorporated in notice of removal, per Chambers) (SAT) Modified on 02/19/2003 (Entered: 06/05/2001)

June 4, 2001
2

MOTION to substitute attorney Carl L Lackey of the Maricopa County Attorney's Office replacing Daniel P Struck of Jones, Skelton & Hochuli by dft Maricopa, County of [2-1] (LAD) (Entered: 06/18/2001)

June 12, 2001
3

JOINDER by dft Maricopa, County of to notice of joinder of removal of action [1-2] (LAD) (Entered: 06/18/2001)

June 13, 2001
4

MOTION to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1] (LAD) (Entered: 06/20/2001)

June 15, 2001
5

RESPONSE by dft Maricopa, County of to plas' motion for issuance of preliminary injunction and application for order to show cause (motion filed in Maricopa County Superior Court on or about 5/24/01) (LAD) (Entered: 06/20/2001)

June 15, 2001
6

RESPONSE by dft Joe Arpaio to motion for issuance of preliminary injunction and application to show cause (motion filed in Maricopa County Superior Court on or about 5/24/01) (LAD) (Entered: 06/20/2001)

June 15, 2001
7

MOTION to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (LAD) (Entered: 06/20/2001)

June 18, 2001
8

NOTICE OF FILING ORIGINAL SIGNED AFFIDAVITS of Capt Tracy Haggard, Shelly Bunn and Deputy Chief Bill Williams and amended affidavit of Capt Darwin Barrie in support of responses to motion for temporary restraining order [6-1], [5-1] by dfts (motion filed in Maricopa County Superior Court) (LAD) (Entered: 06/25/2001)

June 21, 2001
10

REQUEST (MOTION) for leave to exceed the page limits for plas' reply to dft Joseph Arpaio's response opposing preliminary injunctive relief [10-1] (former emp) (Entered: 06/27/2001)

June 22, 2001
13

REPLY by plas to dft Maricopa County's opposing preliminary injunctive relief (motion for preliminary injunctive relief filed in Maricopa County Superior Court prior to removal) (LAD) Modified on 06/28/2001 (Entered: 06/27/2001)

June 25, 2001
9

ORDER by Judge Earl H. Carroll granting motion to substitute attorney Carl L Lackey of the Maricopa County Attorney's Office replacing Daniel P Struck of Jones, Skelton & Hochuli by dft Maricopa, County of [2-1] attorney Daniel Patrick Struck for Maricopa, County of and substituting attorney Carl L Lackey (cc: all counsel) (former emp) (Entered: 06/27/2001)

June 27, 2001
11

ORDER by Judge Earl H. Carroll granting motion for leave to exceed the page limits for plas' reply to dft Joseph Arpaio's response opposing preliminary injunctive relief [10-1] (cc: all counsel) (former emp) (Entered: 06/27/2001)

June 27, 2001
18

REPLY by plas to dft Joseph Arpaio's response opposing preliminary injunctive relief (motion for preliminary injunctive relief filed in Maricopa County Superior Court prior to removal) (OK to file per order #11 6/27/01 but lodged reply inadvertently not filed by docket clerk; file date remains 6/27/01 but docketed 7/18/01) (LAD) (Entered: 07/18/2001)

June 27, 2001
14

MOTION (REQUEST) for 7 days extension of time for filing responses to dft Joseph Arpaio's and dft Maricopa County's separately filed motions to dismiss for failure to state a claim by plas [14-1] (proposed responses not provided) (LAD) (Entered: 07/06/2001)

July 5, 2001
15

RESPONSE by dft Joe Arpaio to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/13/2001)

July 10, 2001
16

JOINDER by dft Maricopa, County of in dft Arpaio's response in opposition to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/13/2001)

July 11, 2001
19

MOTION (REQUEST) to exceed the page limit for doc(s) combined response to separate motions to dismiss for failure to state a claim) by plas [19-1] (proposed combined response lodged at docket clerk's desk) (received motion and lodged document 7/19/01 from Chambers, per MM of EHC copy of motion treated as original) (LAD) (Entered: 07/19/2001)

July 12, 2001
33

NOTICE by plas of need for hearing schedule on issue of preliminary injunctive relief (received 9/6/01 from Chambers) (LAD) (Entered: 09/13/2001)

July 12, 2001
17

ORDER by Judge Earl H. Carroll granting motion for extension of time for filing responses to dft Joseph Arpaio's and dft Maricopa County's separately filed motions to dismiss for failure to state a claim by plas [14- 1]; responses shall be filed on or before 7/12/01 (cc: all counsel) (former emp) (Entered: 07/16/2001)

July 16, 2001
20

ORDER by Judge Earl H. Carroll granting motion to exceed the page limit for doc(s) combined response to separate motions to dismiss for failure to state a claim) by plas [19-1] (proposed combined response lodged at docket clerk's desk) (cc: all counsel) (LAD) (Entered: 07/19/2001)

July 19, 2001
21

COMBINED RESPONSE by plas to motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1], motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (OK to file per order #20 7/19/01) (LAD) (Entered: 07/19/2001)

July 19, 2001
22

REPLY by plas to response to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/25/2001)

July 20, 2001
23

MOTION to strike combined response to motions to dismiss [21-1] by dft Joe Arpaio [23-1] (LAD) (Entered: 07/25/2001)

July 23, 2001
24

MOTION for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply not provided) (LAD) (Entered: 07/26/2001)

July 24, 2001
25

NOTICE OF WITHDRAWAL by dft Joe Arpaio of motion to strike combined response to motions to dismiss [21-1] by dft Joe Arpaio [23-1] (LAD) (Entered: 07/26/2001)

July 24, 2001
26

NOTICE by dft Joe Arpaio of lodging order (re motion for extension of time to file reply in support of motion to dismiss) (LAD) (Entered: 07/26/2001)

July 24, 2001
27

JOINDER by dft Maricopa, County of in motion for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply of Maricopa, County of not provided) (LAD) (Entered: 07/30/2001)

July 27, 2001
28

NOTICE by dft Maricopa, County of of lodging order (granting joinder in motion for extension of time to file reply in support of motion to dismiss) (LAD) (Entered: 07/30/2001)

July 27, 2001
29

ORDER by Judge Earl H. Carroll granting motion for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply not provided); dft Arpaio shall have until 8/10/01 to file his reply to motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (cc: all counsel) (LAD) (Entered: 07/30/2001)

July 30, 2001
30

ORDER by Judge Earl H. Carroll granting Joinder re: motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1]; dft Maricopa County shall have until 8/10/01 to file its reply in support of its moiton to dismiss (cc: all counsel) (LAD) (Entered: 07/31/2001)

July 31, 2001
31

REPLY by dft Joe Arpaio in support of motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (former emp) (Entered: 08/14/2001)

Aug. 10, 2001
32

REPLY by dft Maricopa, County of to response to motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1] (former emp) (Entered: 08/14/2001)

Aug. 14, 2001
34

ORDER by Judge Earl H. Carroll motion for preliminary injunction hrg set for 10:15 10/22/01 , before Judge Earl H. Carroll (cc: all counsel) (motion for preliminary injunction has not been filed) (LAD) (Entered: 09/19/2001)

Sept. 19, 2001
35

MINUTE ORDER At the request of counsel, IT IS ORDERED continuing prel/perm injunction hrg from 10/22/01 at 10:15 a.m. to 10/29/01 at 4:00 p.m. (cc: all counsel; EHC) [35-2] (MAW) (Entered: 10/03/2001)

Oct. 3, 2001
36

NOTICE by plas of dft Maricopa County Sheriff Joseph Arpaio's req for consent to continuance of hearing on preliminary injunctive relief (former emp) (Entered: 10/09/2001)

Oct. 4, 2001
37

ORDER by Judge Earl H. Carroll prel/perm injunction hrg re-set for 1:00 11/20/01 (cc: all counsel) (MAP) (Entered: 10/31/2001)

Oct. 31, 2001
38

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: DAVID GERMAN. Present: Ulises Ferragut and Cynthia Leyh for plas; Daniel Struck and Cary Lackey for dfts. Hearing held on prel injunction. Exhibits 1 through 5 marked. The parties stiputlate that the state claims may be dismissed without prejudice in federal court; counsel to prepare form of order. Hearing on prel/perm injunction will resume at 1:00PM, 11/30/01; court will try to view new jail prior to the hearing; no objection by counsel. [38] (former emp) Modified on 04/18/2003 (Entered: 11/20/2001)

Nov. 20, 2001
74

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: David German. Continued hearing of prelim injunction. Argument heard, IT IS ORDERED taking the matter under advisement. APPEARANCES: Ulises A. Ferragut, Jr. & Cynthis Leyh, Daniel P. Struck for dft Arpaio; Cary Lackey for dft Maricopa County. [74-1] re: minute entry [74-1] (BAH) (Entered: 05/08/2003)

Nov. 30, 2001
39

MOTION to file amicus brief in support of pla's complaint by pla [39-1] (proposed document not provided) (LAD) (Entered: 12/14/2001)

Dec. 11, 2001
40

ORDER by Judge Earl H. Carroll ; status hearing set for 4:00 5/7/02 , before Judge Earl H. Carroll (cc: all counsel) (LAD) (Entered: 05/02/2002)

May 2, 2002
41

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Bill McNutt. Status hearing held. Counsel for Joseph Arpio to submit memorandum or motion re: mutenes of plaintiff's claims NLT 5/17/02. Further briefing to be submitted in accordance to local rules of civil procedure. [41-2] (BAH) (Entered: 05/07/2002)

May 7, 2002
42

MEMORANDUM by dft Joe Arpaio re mootness (LAD) (Entered: 05/22/2002)

May 17, 2002
43

RESPONSE by plas to memorandum re mootness [42-1] (LAD) (Entered: 05/30/2002)

May 28, 2002
44

REPLY by dft Joe Arpaio in support of memorandum re mootness [42-1] (LAD) (Entered: 06/12/2002)

June 7, 2002
45

Original signed AFFIDAVIT of Andrea Bermea by dft Joe Arpaio (former emp) (Entered: 07/01/2002)

June 21, 2002
46

NOTICE OF WITHDRAWAL OF COUNSEL Cary L. Lackey (ATTORNEY SUBSTITUTION): terminating attorney Cary LaMar Lackey for Maricopa, County of, attorney Cary LaMar Lackey for Maricopa, County of and substituting attorney Richard A Stewart (former emp) (Entered: 07/01/2002)

June 21, 2002
47

ORDER by Judge Earl H. Carroll denying motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1]; the only claims before the Court are plas' federal claims, number 5 through 13; denying motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1]; FURTHER ORDERED that pla file a supplemental brief in accordance with this order within 30 days from the date of this order; dfts shall have 20 days to file a response and plas shall have 10 days to file a reply; denying motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] without prejudice to refiling [1- 2]; denying motion to file amicus brief in support of pla's complaint by pla [39-1] without prejudice to refiling (cc: all counsel) (LAD) (Entered: 08/29/2002)

Aug. 29, 2002
48

MOTION (REQUEST) for extension of time for filing additional brief addressing class certification and applicability within the context of preliminary injunction relief by plas [48-1] (proposed additional brief not provided) (LAD) (Entered: 09/23/2002)

Sept. 20, 2002
49

ORDER by Judge Earl H. Carroll granting motion for extension of time for filing additional brief addressing class certification and applicability within the context of preliminary injunction relief by plas [48-1] (proposed additional brief not provided); plas shall have 30 days in which to file a brief addressing the issues specified by the Court in its order of 8/29/02 (cc: all counsel) (LAD) (Entered: 10/03/2002)

Oct. 3, 2002
50

Supplemental Brief Regarding Request for Preliminary Injunctive Relief FILED by pla (TCA) (Entered: 11/12/2002)

Nov. 4, 2002
51

SUPPLEMENTAL BRIEF addressing PLRA issues by dft Joe Arpaio (LAD) (Entered: 11/29/2002)

Nov. 25, 2002
52

ATTORNEY SUBSTITUTION: terminating attorney Richard A Stewart for Maricopa, County of and substituting attorney Michael G Sullivan (LAD) (Entered: 11/29/2002)

Nov. 26, 2002
53

JOINDER by dft Maricopa, County of to supplemental brief addressing PLRA issues [51-1] (LAD) (Entered: 11/29/2002)

Nov. 26, 2002
54

MOTION for leave to file late reply in support of supplemental request for preliminary injunctive relief by plas [54-1] (reply filed concurrently with this motion) (LAD) (Entered: 12/17/2002)

Dec. 13, 2002
55

REPLY in support of supplemental request for preliminary injunctive relief by plas (LAD) (Entered: 12/17/2002)

Dec. 13, 2002
56

ORDER by Judge Earl H. Carroll granting motion for leave to file late reply in support of supplemental request for preliminary injunctive relief by plas [54-1] (reply filed concurrently with this motion) (cc: all counsel) (LAD) (Entered: 01/06/2003)

Jan. 6, 2003
57

MOTION requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1] (LAD) (Entered: 01/13/2003)

Jan. 10, 2003
58

NOTICE by plas of no objection to dft Arpaio filing (late) response to pla's request for leave to file a late reply in support of supplemental request for preliminary injunctive relief (DMT) (Entered: 01/30/2003)

Jan. 28, 2003
59

REPLY by dft Joe Arpaio to response to motion requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1] (SAT) (Entered: 02/03/2003)

Jan. 31, 2003
60

ORDER by Judge Earl H. Carroll: the parties may renew their motion for preliminary injunction [1-2] and motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1]; granting motion requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1]; plas and dfts shall hand-deliver or fax pleadings to the opposing party's counsel on the same day the pleadings are filed with the Court (cc: all counsel) (LAD) (Entered: 02/19/2003)

Feb. 19, 2003
61

MOTION (renewed) to dismiss as to dft Joe Arpaio by dft Joe Arpaio [61-1] (LAD) (Entered: 02/24/2003)

Feb. 20, 2003
62

MOTION (renewed) to dismiss as to dft Maricopa, County of by dft Maricopa, County of [62-1] (LAD) (Entered: 02/25/2003)

Feb. 24, 2003
63

MOTION (renewed) for preliminary injunction against dfts by plas [63- 1] (LAD) (Entered: 03/06/2003)

March 3, 2003
64

ORDER by Judge Earl H. Carroll granting in part and denying in part the motion (renewed) to dismiss as to dft Joe Arpaio by dft Joe Arpaio [61- 1]; granting in part and denying in part the motion (renewed) to dismiss as to dft Maricopa, County of by dft Maricopa, County of [62-1]; counts 6, 8, 9, 10, 11 and 12 of the plas' complaint and plas' claim for punitive damages are dismissed; granting (renewed) for preliminary injunction against dfts by plas [63-1]; Sheriff Arpaio is enjoined from placing and using in Madison Street Jail web cameras that broadcase images to the Internet (cc: all counsel) (LAD) (Entered: 03/11/2003)

March 11, 2003
65

DEMAND for jury trial by dft Joe Arpaio (CMM) (Entered: 03/27/2003)

March 25, 2003
66

ANSWER to [1-2] by dft Joe Arpaio; jury demand (CMM) (Entered: 03/27/2003)

March 25, 2003
67

ANSWER to complaint [1-2] by dft Maricopa, County of; jury demand (LAD) (Entered: 03/28/2003)

March 26, 2003
68

NOTICE of Interlocutory Appeal by Joe Arpaio from District Court order [64-1], re: preliminary injunction (cc: 9CCA/all counsel/judge) (LSP) Modified on 12/17/2004 (Entered: 04/11/2003)

April 10, 2003

Received $105.00 appeal fee re NOTICE of Interlocutory Appeal [68-1] (LSP) Modified on 04/14/2003 (Entered: 04/11/2003)

April 11, 2003

APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/14/2003)

April 14, 2003
69

Transcript Designation and Ordering Form by dft Joe Arpaio, dft Maricopa, County of re NOTICE of Interlocutory Appeal [68-1]; ordering transcripts for hearings of 11/20/01, 11/30/01 and 5/7/02 (NOTE: minutes for hearing of 11/30/01 not on docket) (REW) (Entered: 04/18/2003)

April 17, 2003
70

Court Reporter's Transcript of Proceedings of preliminary injunction by Court Reporter: David German for the following date(s): 11/20/01 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/23/2003)

April 23, 2003
71

Court Reporter's Transcript of Proceedings of preliminary injunction by Court Reporter: David German for the following date(s): 11/30/01 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/23/2003)

April 23, 2003
72

Transcript Designation and Ordering Form by dft Maricopa, County of, dft Joe Arpaio re NOTICE of Interlocutory Appeal [68-1]; ordering transcript for hearing of 5/7/02 (REW) (Entered: 05/02/2003)

April 30, 2003
73

Court Reporter's Transcript of Proceedings of Status Hearing by Court Reporter: Bill McNutt for the following date(s): 5/7/02 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/05/2003)

May 2, 2003

Certificate of Record Transmitted to 9th Circuit NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/05/2003)

May 2, 2003

Notification by 9th Circuit of Appellate Docket Number 03-15698 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/06/2003)

May 6, 2003
75

Copy of 9th Circuit Order; this is a preliminary injunction appeal and Rule 3-3 applies; if they have not already done so, within 7 days, the parties shall make arrangements to obtain transcripts in the district court which will be included in the record on appeal; briefing schedule reset; if appellant fails to timely file the opening brief, this appeal will be dismissed automatically by clerk for failure to prosecute; this appeal and any motions pending when briefing is completed shall be referred to the next available motions panel for disposition, re: 03-15698 [68-1] (cc: judge/BAS) (REW) (Entered: 05/15/2003)

May 15, 2003
76

Copy of 9th Circuit Order; this is a preliminary injunction appeal; remaining briefing schedule reset; if appellant fails to timely file the opening brief, this appeal will be dismissed automatically by clerk for failure to prosecute, re: 03-15698 [68-1] (cc: judge) (REW) (Entered: 06/20/2003)

June 20, 2003
77

Copy of 9th Circuit Order; this is a preliminary injunction appeal; remaining briefing schedule reset, re: 03-15698 [68-1] (cc: judge) (REW) (Entered: 07/22/2003)

July 22, 2003
78

Copy of 9th Circuit Order; this preliminary injunction appeal referred to the next available merits panel for disposition; it shall be placed on the calendar in San Francisco during the week of 12/1/03, re: 03-15698 [68- 1] (cc: judge) (REW) (Entered: 09/25/2003)

Sept. 25, 2003
79

Notice of ATTORNEY APPEARANCE for all plas by Scott Adam Ambrose (REW) (Entered: 11/04/2003)

Oct. 31, 2003

Clerk's record on appeal transmitted to 9th Circuit re NOTICE of Interlocutory Appeal [68-1]; 2 volumes clerk's record; 3 transcripts (#70, 71, 73) in one expando (REW) (Entered: 11/18/2003)

Nov. 18, 2003
80

CERTIFIED COPY of 9th Circuit Mandate affirming the decision of the District Court, re: 03-15698 (cc: all counsel/judge) (REW) (Entered: 11/02/2004)

Nov. 2, 2004
81

Copy of 9th Circuit Order; appellees' motion for award of attorneys' fees on appeal granted; the amount of the attorneys' fees award is referred to the Appellate Commissioner, re: 03-15698 [68-1] (cc: judge) (REW) Modified on 12/22/2004 (Entered: 12/17/2004)

Dec. 17, 2004

Request sent for USDC file to be returned from 9th Circuit (REW) (Entered: 02/01/2005)

Feb. 1, 2005

Original Record Returned from 9th Circuit re NOTICE of Interlocutory Appeal [68-1]; 2 volumes clerk's record; 3 transcripts (#70, 71, 73) in one expando (REW) (Entered: 03/15/2005)

March 15, 2005
82

MINUTE ORDER IT IS ORDERED setting a status hearing for Monday, June 13, 2005 at 10:30 a.m. (cc: all counsel) [82-2] (BAH) (Entered: 05/11/2005)

May 11, 2005
83

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Appearances: Scott Ambrose for pla., Daniel Struck for dfts. Status hearing held. Further status hearing set for Monday, September 12, 2005 at 9:30 a.m. [83-2] (BAH) (Entered: 06/13/2005)

June 13, 2005

Copy of document number 84, mailed to Ulises Ferragut & Cynthia Ann Leyh on this date. (BAH) (Entered: 09/12/2005)

Sept. 12, 2005
85

ORDER Status Conference set for 10/20/2005 01:30 PM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 9/12/05. (MAP, ) (Entered: 09/14/2005)

Sept. 14, 2005

Copy of document number 85, mailed to Ulises Ferragut, Andrea Kravets, Carey LeMar Lackey, Cynthia Ann Leyh on this date. (MAP, ) (Entered: 09/14/2005)

Sept. 14, 2005
86

Minute Order to correct the Order issued 9/12/05 (Dkt. 85), setting the hearing for Thursday 10/20/2005 at 01:30 PM before Judge Earl H Carroll. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (APJ, ) (Entered: 09/14/2005)

Sept. 14, 2005
87

MOTION to Dismiss Party Sheriff Joe Arpaio by Joe Arpaio. (Holsman, Jennifer) (Entered: 09/16/2005)

Sept. 16, 2005
88

NOTICE of Appearance by Daniel Patrick Struck on behalf of Maricopa, County of (Struck, Daniel) (Entered: 09/21/2005)

Sept. 21, 2005
89

Notice re of Clarification by Joe Arpaio, Maricopa, County of re 87 MOTION to Dismiss Party Sheriff Joe Arpaio (Struck, Daniel) (Entered: 09/27/2005)

Sept. 27, 2005
90

STIPULATION re [66] Answer to Complaint, [67] Answer to Complaint by Joe Arpaio, Maricopa, County of. (Struck, Daniel) (Entered: 09/28/2005)

Sept. 28, 2005
91

Joinder re 87 MOTION to Dismiss Party Sheriff Joe Arpaio by Defendant Maricopa, County of. (Struck, Daniel) (Entered: 09/29/2005)

Sept. 29, 2005
92

MOTION for Partial Summary Judgment On Behalf Of All Plaintiffs by Jamie Demery. (Ambrose, Scott) (Entered: 10/05/2005)

Oct. 5, 2005
93

STATEMENT of Statement of Facts Supporting Plaintiffs' Motion for Partial Summary Judgment re 92 MOTION for Partial Summary Judgment On Behalf Of All Plaintiffs by Plaintiff Jamie Demery. (Attachments: # 1 # 2 # 3)(Ambrose, Scott) (Entered: 10/05/2005)

Oct. 5, 2005

State / Territory: Arizona

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 4, 2001

Closing Date: Dec. 6, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

24 inmates of Maricopa County Jail who were videotaped by webcam and then displayed on Internet.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Maricopa (Maricopa), County

Maricopa County Jail (Maricopa), County

Maricopa County Sheriff, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2011

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Government-run