Case: Campbell v. Miller

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

Campbell v. Miller, et al

James Campbell [Individually and on behalf of others similarly situated] v. The City of Indianapolis, et al

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

Campbell v. The City of Indianapolis

Campbell v. The City of Indianapolis and Officer Miller

COMPLAINT against JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, JOHN DOE ONE, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE with Jury Demand, filed by JAMES CAMPBELL.(MAC, ) (Entered: 02/07/2003)

CIVIL COVER SHEET by JAMES CAMPBELL. (MAC, ) (Entered: 02/07/2003)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (MAC, ) (Entered: 02/07/2003)

MAGISTRATE JUDGE'S Summary of CMP Notice (MAC, ) (Entered: 02/07/2003)

Summons Issued as to JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, JOHN DOE ONE, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE. (MAC, ) (Entered: 02/07/2003)

RECEIPT #104-264 in the amount of $ 150.00 (MAC, ) (Entered: 02/07/2003)

MOTION for Preliminary Injunction and Immediate Emergency Hearing by JAMES CAMPBELL. (MAC, ) (Entered: 02/07/2003)

BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction and Immediate Emergency Hearing filed by JAMES CAMPBELL. (MAC, ) (Entered: 02/07/2003)

RETURN of Personal Service by JAMES CAMPBELL. KEVIN DULEY served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. SCOTT WOLFE served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. FRANK MILLER served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. JERRY BARKER served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. INDIANAPOLIS POLICE DEPARTMENT served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. JOHN DOE ONE served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. MICHAEL PHILLIPS served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. JEFFERY AUGUSTINOVICZ served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. MICHAEL WATKINS served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. CHARLES LEWIS served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. MICHAEL SCHOLLMEIER served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

RETURN of Personal Service by JAMES CAMPBELL. MICHAEL DARST served on 2/7/2003. (MAC, ) (Entered: 02/12/2003)

NOTICE of Appearance by April Edwards Sellers, Suzannah Wilson Overholt on behalf of all defendants c/s (MAC, ) (Entered: 02/12/2003)

REQUEST for Production of Documents and for foreshortened time to respond by JAMES CAMPBELL. c/s(MAC, ) (Entered: 02/13/2003)

MOTION for Foreshortened Time for pltf to Respond to First Request for Production of Documents by JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, JOHN DOE ONE, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE. c/s (MAC, ) (Entered: 02/21/2003)

SCHEDULING ORDER: Evidentiary Hearing set for 2/25/2003 02:00 PM in room #216 before Judge Sarah Evans Barker. (Preliminary Injunction Hearing). Parties shall file their witness and exhibit lists on or before 5:00 p.m. 2/24/03. Signed by Judge Sarah Evans Barker on 2/21/03. (MAC, ) (Entered: 02/24/2003)

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, JOHN DOE ONE, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE. c/s (MAC, ) (Entered: 02/24/2003)

Exhibit List by all defendants., Witness List by all defendants. c/s(MAC, ) (Entered: 02/24/2003)

MOTION for Continuance of Scheduled Tentative Hearing set for 2/25/03 by JAMES CAMPBELL. c/s (Attachments: # 1 proposed order)(MAC, ) Additional attachment(s) added on 2/24/2003 (MAC, ). (Entered: 02/24/2003)

ORDER GRANTS Pltf's re [22] Request for Production of Documents to be foreshortened for defts to respond within 6 days of this order filed by JAMES CAMPBELL. cm Signed by Judge Sarah Evans Barker on 2/24/03. (MAC, ) (Entered: 02/25/2003)

ORDER granting Defts [23] Motion for foreshortended Time for Pltf's to respond to Request for Production within 6 days of the date of service or prior to the hearing on Pltf's Motion for Preliminary Injunction, whichever occurs earlier. cm Signed by Judge Sarah Evans Barker on 2/24/03. (MAC, ) (Entered: 02/25/2003)

ORDER granting Pltf's 28 Motion to Continue Hearing set for 2/25/03. cm Signed by Judge Sarah Evans Barker on 2/24/03. (MAC, ) (Entered: 02/25/2003)

SCHEDULING ORDER: Evidentiary Hearing set for 3/19/2003 09:30 AM in room #216 before Judge Sarah Evans Barker. Hearing set for 2/25/03 is Vacated.(refer to item 31). cm Signed by Judge Sarah Evans Barker on 2/24/03. (MAC, ) (Entered: 02/25/2003)

NOTICE of Appearance by John F. Kautzman on behalf of MICHAEL DARST, KEVIN DULEY, FRANK MILLER, MICHAEL PHILLIPS, SCOTT WOLFE c/s (MAC, ) (Entered: 02/25/2003)

MOTION to Quash 15 Subpoenas by Defendants (Verified). c/s (MAC, ) (Entered: 03/10/2003)

AMENDED ANSWER to Complaint with Affirmative Defenses by JEFFERY AUGUSTINOVICZ. c/s (MAC, ) (Entered: 03/12/2003)

Exhibit List by JAMES CAMPBELL., Witness List by JAMES CAMPBELL. (Preliminary) c/s(MAC, ) (Entered: 03/13/2003)

RESPONSE in Opposition defts' re [33] MOTION to Quash 15 Subpoenas filed by JAMES CAMPBELL. c/s (MAC, ) (Entered: 03/17/2003)

Minute Entry for proceedings held before Judge Sarah Evans Barker : Telephone Conference held on 3/18/2003 on defts' Motion to Quash Subpoenas. Counsel are heard. The Motion to Quash is Granted with respect to Public Safety Director Turner; all other issues are resolved by the parties. The Court Orders Separation of Witnesses at the Preliminary Injunction Hearing set for 3/19/03. The conference is adjourned. cm SEB (MAC, ) Additional attachment(s) added on 3/18/2003 (MAC, ). (Entered: 03/18/2003)

MOTION to Amend/Correct 1 Complaint, by JAMES CAMPBELL. c/s (MAC, ) (Entered: 03/19/2003)

Minute Entry for proceedings held before Judge Sarah Evans Barker : Evidentiary Hearing held on 3/19/2003 on Motion for Preliminary Injunction. Pltf presents evidence. The time allotted having elapsed, the hearing is recessed. (MAC, ) (Entered: 03/21/2003)

SCHEDULING ORDER: Evidentiary Hearing set for 4/2/2003 02:30 PM in room #216 before Judge Sarah Evans Barker. Continuation of hearing on pltf's Motion for Preliminary Injunction. Pltf shall have an additional one hour, the defts shall have one and one half hours. cm Signed by Judge Sarah Evans Barker on 3/21/03. (MAC, ) Additional attachment(s) added on 3/21/2003 (MAC, ). (Entered: 03/21/2003)

Exhibit List by JAMES CAMPBELL., Witness List by JAMES CAMPBELL. (Amended Preliminary) c/s(MAC, ) (Entered: 03/27/2003)

Exhibit List by JAMES CAMPBELL., Witness List by JAMES CAMPBELL. (for Preliminary Injunction Hearing, Part II) c/s(MAC, ) (Entered: 03/27/2003)

First MOTION Objection to Plaintiff's Additional Witnesses by JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, JOHN DOE ONE, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE. (Attachments: # 1)(Overholt, Suzannah) (Entered: 03/28/2003)

NOTICE of Amendment to pltf's witness and exhibit list for Preliminary Injunction Hearing, Part II by JAMES CAMPBELL c/s (MAC, ) (Entered: 04/01/2003)

Exhibit List by JAMES CAMPBELL., Witness List for Preliminary Injunction Hearing, Part II by JAMES CAMPBELL. (Amended) c/s(MAC, ) (Entered: 04/01/2003)

RESPONSE in Opposition to defts' re 44 First MOTION Objection to Plaintiff's Additional Witnesses filed by JAMES CAMPBELL. c/s (MAC, ) (Entered: 04/01/2003)

ORDER Sustains defts' 44 Motion (Objection) to pltf's Additional Witnesses. (see marginal entry). cm Signed by Judge Sarah Evans Barker on 4/1/03. (MAC, ) (Entered: 04/01/2003)

AMENDED COMPLAINT and Demand for Jury Trial and Request for Declaratory Judgment against all defendants, filed by JAMES CAMPBELL. (MAC, ) (Entered: 04/01/2003)

Minute Entry for proceedings held before Judge Sarah Evans Barker : Evidentiary Hearing held on 4/2/2003. Come now the parties with counsel and the continuation of the hearing on pltf's Motion for Preliminary Injunction is begun. Parties present evidence and rest. A Post-Hearing Briefing Schedule is established: pltf's brief shall be filed within 10 days, defts' responsive brief 7 days thereafter and pltf may reply with 4 days. The hearing is adjourned. cm (MAC, ) (Entered: 04/03/2003)

ANSWER to Amended Complaint by JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, KEVIN DULEY, ANDREW LAMLE, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE.(Overholt, Suzannah) (Entered: 04/14/2003)

BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction filed by JAMES CAMPBELL. (Post-Hearing Brief) c/s (MAC, ) (Entered: 04/17/2003)

NOTICE of Appearance by John F. Kautzman on behalf of JEFFERY AUGUSTINOVICZ, MICHAEL WATKINS c/s (MAC, ) (Entered: 04/23/2003)

MOTION for Extension of Time to File for a determination that the action be Maintained as a Class by JAMES CAMPBELL. c/s (MAC, ) (Entered: 04/28/2003)

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by DEFTS. (Response to pltf's Post-Hearing Brief) c/s (MAC, ) (Entered: 05/02/2003)

Surreply Plaintiff's Reply to Defendants' Response to Plaintiff's Post-Hearing Brief filed by JAMES CAMPBELL. (Attachments: # 1 Exhibit exhibit 45)(Sutherlin, Michael) (Entered: 05/07/2003)

Findings of Fact & Conclusions of Law (proposed) by JAMES CAMPBELL. (Sutherlin, Michael) (Entered: 05/07/2003)

Submission Plaintiff's Revised Submission of Findings of Fact and Conclusions of Law by JAMES CAMPBELL. (Sutherlin, Michael) (Entered: 05/08/2003)

MOTION to Withdraw as Attorney by April E. Sellers of the Office of Corporation Counsel on behalf of defts. c/s (MAC, ) (Entered: 05/14/2003)

ORDER granting [60] Motion to Withdraw as Attorney on behalf of defts. Attorney April Edwards Sellers terminated. cm Signed by Judge Sarah Evans Barker on 5/16/03. (MAC, ) (Entered: 05/16/2003)

NOTICE of Filing by all defendants (Attachments: # 1 Text of Proposed Order Findings of Fact, Conclusions of Law and Order Denying Preliminary Injunction)(Overholt, Suzannah) (Entered: 05/16/2003)

MOTION to Withdraw as Attorney by Kathy Lea Stinton-Glen on behalf of JAMES CAMPBELL. c/s (MAC, ) (Entered: 05/28/2003)

ORDER granting pltf's [63] Motion to Withdraw as Attorney. Attorney Kathy Lea Stinton-Glen terminated. cm Signed by Judge Sarah Evans Barker on 5/28/03. (MAC, ) (Entered: 05/29/2003)

ORDER granting pltf's [55] Motion for Extension of Time to File for a Determination that the action be Maintained as a Class to 7/30/03. cm Signed by Judge Sarah Evans Barker on 5/29/03. (MAC, ) (Entered: 05/30/2003)

MOTION to Withdraw as Attorney by Michael G. Moore by JAMES CAMPBELL. c/s (MAC, ) (Entered: 06/06/2003)

ORDER granting pltf's [66] Motion to Withdraw as Attorney. Attorney Michael G. Moore terminated. cm Signed by Judge Sarah Evans Barker on 6/9/03. (MAC, ) (Entered: 06/10/2003)

ORDER denying pltf's 7 Motion for Preliminary Injunction as to Pltf and hold in abeyance any ruling on the motion as to the putative class until a time after 7/30/03, assuming a request for injunctive relief is advanced in that context (see order) cm. Signed by Judge Sarah Evans Barker on 6/25/03. (SWM, ) (Entered: 06/27/2003)

SCHEDULING ORDER: Pretrial Conference (initial) set for 7/21/2003 08:30 AM in room #256 before Magistrate Judge V. Sue Shields. The CMP was due 5/8/03. Signed by Judge V. Sue Shields on 7/1/03. (SWM, ) (Entered: 07/01/2003)

ENTRY for 7/21/03. Parties appeared by counsel for ptc; conference held and concluded during which the date by which a CMP and any motion for class certification shall be filed is extended, if an appeal is taken from the ruling on the petition for temporary injunction, until 10 days after an appeal decision thereon or, if an appeal is not taken, then by 8/11/02 . Signed by Judge V. Sue Shields on 7/21/03. (SWM, ) (Entered: 07/28/2003)

MOTION for Leave to Appeal Order Denying Motion for Preliminary Injunction by JAMES CAMPBELL. c/s (MAC, ) (Entered: 07/23/2003)

RECEIPT #102-2188 for Appeal Fees, in the amount of $ 105.00 (GRN, ) (Entered: 07/28/2003)

NOTICE OF APPEAL as to 68 Order on Motion for Preliminary Injunction, by JAMES CAMPBELL. (GRN, ) (Entered: 07/28/2003)

ORDER granting [70] Motion for Leave to Appeal . Signed by Judge Sarah Evans Barker on 07-25-03. (GRN, ) (Entered: 07/28/2003)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [73] Notice of Appeal (GRN, ) (Entered: 07/28/2003)

MOTION to Stay Further Proceedings on the Merits and Deferment of Deadline For Seeking Class Certification . (Sutherlin, Michael) (Entered: 07/30/2003)

USCA Case Number 03-3018 for [73] Notice of Appeal filed by JAMES CAMPBELL. (GRN, ) (Entered: 08/04/2003)

TRANSCRIPT REQUEST by PLTF/APPELLANT JAMES CAMPBELL for proceedings held on 3/19/03, 4/2/03 before Judge Sarah E. Barker, re [73] Notice of Appeal, (GRN, ) (Entered: 08/04/2003)

DESIGNATION of Record on Appeal by PLTF/APPELLANT JAMES CAMPBELL re [73] Notice of Appeal (GRN, ) (Entered: 08/04/2003)

ORDER granting 75 Motion to Stay and postpone the hearing on the merits and extend the deadline for seeking class certification until such time as the Court of Appeals rules on the appeal and all the relief that is just and proper in the premise. Signed by Judge Sarah Evans Barker on 8/1/03 -cm. (EAH, ) (Entered: 08/04/2003)

DESIGNATION of Record on Appeal by JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, ANDREW LAMLE, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE re [73] Notice of Appeal (GRN, ) (Entered: 08/15/2003)

TRANSCRIPT of Proceedings held on March 19, 2003 before Judge Sarah Evans Barker. Court Reporter: Frederick C. Pratt. - One Volume (MAC, ) (Entered: 09/16/2003)

TRANSCRIPT of Proceedings held on April 2, 2003 before Judge Sarah Evans Barker. Court Reporter: Frederick C. Pratt. - One Volume (MAC, ) (Entered: 09/16/2003)

NOTICE of Appearance by Nicholas D. Conway of law firm Michael K. Sutherlin & Associates on behalf of JAMES CAMPBELL c/s (MAC, ) (Entered: 10/27/2003)

Certified and Transmitted Record on Appeal to US Court of Appeals re [73] Notice of Appeal, consisting of 1 vol pleadings, 2 transcripts and 1 envelope exhibits (per CA request). (TMA, ) (Entered: 12/17/2003)

Appeal Remark re [73] Notice of Appeal: Long record received by USCA on 12/19/03. (TMA, ) (Entered: 12/22/2003)

MANDATE of USCA as to [73] Notice of Appeal filed by JAMES CAMPBELL. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on 6/28/04. Received certified copy of Judgment. Record returned. (TMA) (Entered: 09/01/2004)

NOTICE of Appearance by Mark Jason Crandley on behalf of JEFFERY AUGUSTINOVICZ, JERRY BARKER, MICHAEL DARST, KEVIN DULEY, INDIANAPOLIS POLICE DEPARTMENT, ANDREW LAMLE, CHARLES LEWIS, FRANK MILLER, MICHAEL PHILLIPS, MICHAEL SCHOLLMEIER, MICHAEL WATKINS, SCOTT WOLFE (Crandley, Mark) (Entered: 10/14/2004)

AMENDED DOCUMENT by JAMES CAMPBELL. Amended Case Management Plan by all Parties . (Sutherlin, Michael) (Entered: 10/19/2004)

ORDER: CASE MANAGEMENT PLAN APPROVED as amended; SCHEDULING ORDER: Dispositive Motions due by 4/25/2005. Signed by Judge V. Sue Shields on 10/26/2004. (LSC, ) (Entered: 10/27/2004)

SCHEDULING ORDER: Final Pretrial Conference set for 8/24/2005 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial set for 8/29/2005 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 11/1/04. (MAC, ) (Entered: 11/02/2004)

Witness List and Exhibit List (Preliminary) by JAMES CAMPBELL. (Sutherlin, Michael) (Entered: 12/03/2004)

NOTICE by JAMES CAMPBELL of Service upon Defendants of Plaintiff's Statement of Special Damages (Sutherlin, Michael) (Entered: 01/17/2005)

MOTION to Substitute Attorney by MICHAEL SCHOLLMEIER, CHARLES LEWIS, MICHAEL WATKINS, JEFFERY AUGUSTINOVICZ, MICHAEL PHILLIPS, ANDREW LAMLE, INDIANAPOLIS POLICE DEPARTMENT, JERRY BARKER, FRANK MILLER, SCOTT WOLFE, KEVIN DULEY, MICHAEL DARST. (Attachments: # 1 Text of Proposed Order)(Crandley, Mark) (Entered: 01/20/2005)

NOTICE of Appearance by Paul Thomas Belch on behalf of all defendants (Belch, Paul) (Entered: 01/21/2005)

ORDER granting 95 Motion to Substitute Attorney. Attorney Mark Jason Crandley terminated . Signed by Judge Sarah Evans Barker on 1/21/05. (MAC, ) (Entered: 01/21/2005)

SCHEDULING ORDER: Settlement Conference set for 3/4/2005 01:30 PM in room #256 before Magistrate Judge V. Sue Shields (confidential settlement statements due no later than two business days prior to the conference). Signed by Judge V. Sue Shields on 2/4/05. (SWM, ) (Entered: 02/04/2005)

NOTICE of Substitution of Appearance by Lakshmi Devi Hasanadka replacing Paul T. Belch on behalf of all defendants (Hasanadka, Lakshmi) (Entered: 03/01/2005)

Minute Entry for proceedings held before Judge V. Sue Shields : Settlement Conference held on 3/4/2005 and continued. (SWM, ) (Entered: 03/08/2005)

BRIEF/MEMORANDUM in Support re 101 First MOTION for Summary Judgment and Designation of Evidence in Support of Motion filed by MICHAEL SCHOLLMEIER, CHARLES LEWIS, MICHAEL WATKINS, JEFFERY AUGUSTINOVICZ, MICHAEL PHILLIPS, ANDREW LAMLE, JERRY BARKER, FRANK MILLER, SCOTT WOLFE, KEVIN DULEY, MICHAEL DARST. (Hasanadka, Lakshmi) (Entered: 04/25/2005)

MOTION for Summary Judgment by JAMES CAMPBELL. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment# 2 Preliminary Injunction Hearing Transcript-Vol I# 3 Transcript of Preliminary Injunction Hearing-Vol II# 4 Exhibit #1# 5 Exhibit #2 (Part A)# 6 Exhibit #2 (Part B)# 7 Exhibit #3 (Part A)# 8 Exhibit #3 (Part B)# 9 Exhibit #4 (Part A)# 10 Exhibit #4 (Part B)# 11 Exhibit #4 (Part C)# 12 Exhibit #5# 13 Exhibit #6# 14 Exhibit #7 (Part A)# 15 Exhibit #7 (Part B)# 16 Exhibit #7 (Part C)# 17 Text of Proposed Order)(Sutherlin, Michael) (Entered: 04/25/2005)

BRIEF/MEMORANDUM in Support re 103 MOTION for Summary Judgment filed by JAMES CAMPBELL. (Sutherlin, Michael)(refer to 103 for Exhibits) Modified on 4/27/2005 (MAC, ). (Entered: 04/27/2005)