Case: Sanchez v. Acevedo

1:11-cv-00993 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 21, 2011

Closed Date: April 9, 2015

Clearinghouse coding complete

Case Summary

This case concerns criminal trespass and the First Amendment rights of city hall protestors. In 2011, two protesters associated with the Occupy Austin political protest were arrested. They filed a lawsuit in the United States District Court for the Western District of Texas against the City of Austin and various employees in their official capacities on November 21, 2011. The plaintiffs, represented by private counsel, claimed that the City of Austin's administrative policy of issuing "Criminal…

This case concerns criminal trespass and the First Amendment rights of city hall protestors. In 2011, two protesters associated with the Occupy Austin political protest were arrested. They filed a lawsuit in the United States District Court for the Western District of Texas against the City of Austin and various employees in their official capacities on November 21, 2011. The plaintiffs, represented by private counsel, claimed that the City of Austin's administrative policy of issuing "Criminal Trespass Notices" banning individuals from city property imposed a prior restraint on their First Amendment rights of expression. They sued under 42 U.S.C. §1983 for violations of their rights under the First Amendment and the Fourteenth Amendment’s Due Process Clause.

Specifically, plaintiffs claimed these trespass notices were overbroad and vague because they delegated unrestrained discretionary authority to city employees to ban individuals from city property whose conduct they viewed as “unreasonably disruptive or harmful.” The city provided its employees with a chart suggesting how long to exclude people from city property, based on the disruptiveness of their conduct. The plaintiffs sought a declaration that the city's trespassing law was facially unconstitutional, as well an injunction against further enforcement of the policy.

The plaintiffs filed an amended complaint on December 1, 2011, and the defendants responded with a motion to dismiss on December 8. Less than a month later, U.S. District Judge Lee Yeakel presided over a bench trial on December 22. The court dismissed the plaintiffs’ claims against the individual city employees on redundancy grounds, but left the claims against the city intact.

On September 27, 2012, the Judge Yeakel declared the city’s “Criminal Trespass Notices” policy facially unconstitutional and enjoined further enforcement of the policy. The court found that by barring access to the City Plaza, which the court recognized as a traditional public forum, the city’s policy restricted conduct protected by the First Amendment. Judge Yeakel held that the policy was not narrowly tailored to serve the city’s interests of providing facilities for businesses and controlling and maintaining public property, and thus failed First Amendment scrutiny. On October 25, 2012 the City of Austin moved to amend the judgment. Judge Yeakel denied the city’s motion on February 4, 2013. The plaintiffs moved for attorneys’ fees on October 18, which the court denied on September 3, 2013. Undeterred, the plaintiffs appealed the district court’s decision on September 25, 2013. A year later, on September 5, 2014, Judges Carolyn Dineen King, James E. Graves, Jr., and Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit heard oral arguments.

The Fifth Circuit reversed the district court’s denial of attorneys’ fees and remanded to the district court to determine the amount of the award on December 18, 2014. Writing for the court, Judge Higginson held that the narrowness of the injunction and the prevailing plaintiffs’ limited injury was not a “special circumstance” that justified denying the plaintiffs attorneys’ fees under 42 U.S.C. § 1988. 774 F.3d 873.

After remand, the parties filed several status reports regarding settlement during January and February 2015. The parties filed a joint motion to dismiss the attorneys’ fees claim on April 8, 2015. The case was closed on April 9, 2015.

Summary Authors

Richard Jolly (5/15/2014)

Sophia Acker (11/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/52232504/parties/sanchez-v-acevedo/


Judge(s)
Attorney for Plaintiff

Bates, Ryan P. (Texas)

Dawson, Edward (Texas)

Harrington, James C (Texas)

McGiverin, Brian Rolland (Texas)

Attorney for Defendant

Edwards, Christine G. (Texas)

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Documents in the Clearinghouse

Document

1:11-cv-00993

13-50916

Docket [PACER]

Dec. 9, 2013

Dec. 9, 2013

Docket
1

1:11-cv-00993

Complaint

Nov. 21, 2011

Nov. 21, 2011

Complaint
20

1:11-cv-00993

First Amended Complaint

Dec. 1, 2011

Dec. 1, 2011

Complaint
58

1:11-cv-00993

Order [Granting in Part Defendants' Motion to Dismiss]

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion
67

1:11-cv-00993

Findings of Fact and Conclusions of Law

Sept. 27, 2012

Sept. 27, 2012

Order/Opinion
68

1:11-cv-00993

Final Judgment

Sept. 27, 2012

Sept. 27, 2012

Order/Opinion

13-50916

Opinion

Sanchez v. City of Austin

U.S. Court of Appeals for the Fifth Circuit

Dec. 18, 2014

Dec. 18, 2014

Order/Opinion

774 F.3d 774

98

1:11-cv-00993

Status Report

Jan. 30, 2015

Jan. 30, 2015

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/52232504/sanchez-v-acevedo/

Last updated Feb. 29, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 350 receipt number 0542-4118300). No Summons requested at this time, filed by Kristopher Sleeman, Rodolfo Sanchez. (Attachments: # 1 Civil Cover Sheet)(Bates, Ryan) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

Clearinghouse

Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (tdk, )

Nov. 21, 2011

Nov. 21, 2011

PACER

DEMAND for Trial by Jury by Rodolfo Sanchez & Kristopher Sleeman, contained in the complaint. (os)

Nov. 21, 2011

Nov. 21, 2011

PACER
2

MOTION for Temporary Restraining Order by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Proposed Order)(klw, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
3

BRIEF and Appendix in Support of 2 MOTION for Temporary Restraining Order by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Appendix)(klw, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
4

Summons Issued as to Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (klw, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
5

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held In Chambers on 11/21/2011. Order for parties to confer re: need for an immediate trial. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
6

NOTICE of Withdrawal of Application for Temporary Restraining Order by Rodolfo Sanchez, Kristopher Sleeman re 2 MOTION for Temporary Restraining Order (Bates, Ryan) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
7

Minute Entry for proceedings held before Judge Lee Yeakel: Conference Call held In Chambers on 11/29/2011. Bench trial on merits set. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(klw, ) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
19

ORDER Setting Bench Trial for 12/21/2011 09:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (klw, ) (Entered: 11/30/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
8

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Marc Ott served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
9

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Lee Leffingwell served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
10

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Kathy Tovo served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
11

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Laura Morrison served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
12

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Michael McDonald served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
13

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Mike Martinez served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
14

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Art Acevedo served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
15

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. City of Austin served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
16

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Chris Riley served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
17

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Sheryl Cole served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
18

SUMMONS Returned Executed by Kristopher Sleeman, Rodolfo Sanchez. Bill Spelman served on 11/21/2011, answer due 12/12/2011. (klw, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
20

AMENDED COMPLAINT against All Defendants amending 1 Complaint., filed by Kristopher Sleeman, Rodolfo Sanchez.(Bates, Ryan) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

Clearinghouse
21

NOTICE of Withdrawal of Jury Demand by Rodolfo Sanchez, Kristopher Sleeman re 20 Amended Complaint (Bates, Ryan) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
22

ANSWER to 1 Complaint by Art Acevedo, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo.(Edwards, Christine) Modified on 12/2/2011 to remove City of Austin as as filer as they were not listed in Answer (klw, ). (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
23

AMENDED ANSWER to by City of Austin, Rodolfo Sanchez, Kristopher Sleeman, Art Acevedo, Michael McDonald, Marc Ott, Lee Leffingwell, Mike Martinez, Kathy Tovo, Laura Morrison, Sheryl Cole, Bill Spelman, Christ Riley. (Edwards, Christine) Modified on 12/5/2011 to add filers (klw, ). (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
24

STIPULATION Regarding Confidential Information by City of Austin, Rodolfo Sanchez, Kristopher Sleeman, Art Acevedo, Michael McDonald, Marc Ott, Lee Leffingwell, Mike Martinez, Kathy Tovo, Laura Morrison, Sheryl Cole, Bill Spelman, Christ Riley. (Edwards, Christine) Modified on 12/5/2011 to add filers (klw, ). (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
25

Defendants' Second Amended ANSWER to 20 Amended Complaint by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo.(Edwards, Christine) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
26

MOTION to Dismiss by Art Acevedo, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
27

MOTION to Compel to Kristopher Sleeman by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
28

Response in Opposition to Motion, filed by Rodolfo Sanchez, Kristopher Sleeman, re 27 MOTION to Compel to Kristopher Sleeman filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo (Attachments: # 1 Exhibit Sleeman's Resp. to RFP, # 2 Exhibit Dfs' Second RFP to Sleeman, # 3 Exhibit Dfs' Second Req. for ROGS to Sleeman)(Bates, Ryan) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
29

REPLY to Response to Motion, filed by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo, re 27 MOTION to Compel to Kristopher Sleeman filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo (Edwards, Christine) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
30

DEFICIENCY NOTICE to Ryan P. Bates: re 28 Response in Opposition to Motion. Pursuant to the Administrative Policies and Procedures, Proposed Orders are Required when a Response to a Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "ATTACHMENT" event from the menu and LINK the Proposed Order to your Response. In the Docket Text, type "(Proposed Order)". (klw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
31

ATTACHMENT Proposed Order to 28 Response in Opposition to Motion,, by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
32

MOTION to Compel to Rodolfo Sanchez by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 12/17/2011)

Dec. 17, 2011

Dec. 17, 2011

PACER
33

Witness List by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Edwards, Christine) (Entered: 12/17/2011)

Dec. 17, 2011

Dec. 17, 2011

PACER
34

MOTION for Discovery Spoliation of Evidence Adverse Inference by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 12/17/2011)

Dec. 17, 2011

Dec. 17, 2011

PACER
35

Exhibit List by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo.. (Edwards, Christine) (Entered: 12/17/2011)

Dec. 17, 2011

Dec. 17, 2011

PACER
36

RESPONSE to Motion, filed by Rodolfo Sanchez, Kristopher Sleeman, re 26 MOTION to Dismiss filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant Art Acevedo (Attachments: # 1 Proposed Order Proposed Order re: Motion to Dismiss)(Bates, Ryan) (Entered: 12/18/2011)

Dec. 18, 2011

Dec. 18, 2011

PACER
37

Response in Opposition to Motion, filed by Rodolfo Sanchez, Kristopher Sleeman, re 32 MOTION to Compel to Rodolfo Sanchez filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo, 27 MOTION to Compel to Kristopher Sleeman filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Bates, Ryan) (Entered: 12/18/2011)

Dec. 18, 2011

Dec. 18, 2011

PACER
38

Witness List by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/18/2011)

Dec. 18, 2011

Dec. 18, 2011

PACER
39

First Amended Witness List by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Edwards, Christine) Modified on 12/19/2011 to modify text (klw, ). (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
40

REPLY to Response to Motion, filed by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo, re 26 MOTION to Dismiss filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant Art Acevedo, 32 MOTION to Compel to Rodolfo Sanchez filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo, 34 MOTION for Discovery Spoliation of Evidence Adverse Inference filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo, 27 MOTION to Compel to Kristopher Sleeman filed by Defendant Mike Martinez, Defendant Laura Morrison, Defendant Chris Riley, Defendant Kathy Tovo, Defendant Bill Spelman, Defendant Michael McDonald, Defendant Marc Ott, Defendant Lee Leffingwell, Defendant Sheryl Cole, Defendant City of Austin, Defendant Art Acevedo (Edwards, Christine) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
41

ATTACHMENT Amended Certificate of Service to 38 Witness List, 37 Response in Opposition to Motion,,, 36 Response to Motion, by Rodolfo Sanchez. (Bates, Ryan) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
42

Exhibit List by Rodolfo Sanchez, Kristopher Sleeman.. (Bates, Ryan) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
43

TRIAL BRIEF of Plaintiffs by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bates, Ryan) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
44

STIPULATION Agreed Joint Stipulations of Fact by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
45

Exhibit List Amended Exhibit List by Rodolfo Sanchez, Kristopher Sleeman.. (Bates, Ryan) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
46

Exhibit List First Amended by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo.. (Edwards, Christine) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
47

Exhibit List Second Amended by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo.. (Edwards, Christine) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
48

Proposed Findings of Fact by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
49

Proposed Findings of Fact by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Edwards, Christine) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
50

DEFICIENCY NOTICE: re 45 Exhibit List (mc2, ) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
51

Exhibit List Corrected Amended Exhibit List by Rodolfo Sanchez, Kristopher Sleeman.. (Bates, Ryan) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
53

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial begun on 12/21/2011 (Minute entry documents are not available electronically.), Bench Trial held on 12/21/2011 (Minute entry documents are not available electronically.), ( Bench Trial recessed until 12/22/2011 09:00 AM before Judge Lee Yeakel.). (Court Reporter Arlinda Rodriguez.)(mc2, ) (Entered: 12/22/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER

Oral ORDER DENYING 27 Motion to Compel; DENYING 32 Motion to Compel by Judge Lee Yeakel. (mc2, )

Dec. 21, 2011

Dec. 21, 2011

PACER
52

ATTACHMENT Agreed Proposed Order to 36 Response to Motion, by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
54

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial held on 12/22/2011 (Minute entry documents are not available electronically.), Bench Trial completed on 12/22/2011 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(mc2, ) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER

Oral ORDER DENYING 34 Motion for Discovery. Signed by Judge Lee Yeakel. (mc2, )

Dec. 22, 2011

Dec. 22, 2011

PACER

Oral MOTION for Judgment as a Matter of Law by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (mc2, )

Dec. 22, 2011

Dec. 22, 2011

PACER

Oral ORDER DENYING [] Motion for Judgment as a Matter of Law; GRANTING IN PART AND DENYING IN PART 26 Motion to Dismiss (agreement reached) Signed by Judge Lee Yeakel. (mc2, )

Dec. 22, 2011

Dec. 22, 2011

PACER
55

Witness List for 53, 54 Bench Trial.(klw, ) (Entered: 12/27/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
56

Plaintiffs' Exhibit List for 53, 54 Bench Trial.(klw, ) (Entered: 12/27/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
57

Defendants' Exhibit List for 53, 54 Bench Trial.(klw, ) (Entered: 12/27/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
58

ORDER GRANTING IN PART Defendants' 26 MOTION to Dismiss. It is ORDERED that the claims against Laura Morrison, Chris Riley, Kathy Tovo, Bill Spelman, Michael McDonald, Marc Ott, Lee Leffingwell, Sheryl Cole, Art Acevedo and Mike Martinez in their Official Capacity are DISMISSED without Prejudice to refiling in their Individual Capacities. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/27/2011)

Dec. 22, 2011

Dec. 22, 2011

Clearinghouse
59

RESPONSE to Dfs Submission of Caselaw by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
60

ADVISORY TO THE COURT by City of Austin. (Edwards, Christine) (Entered: 12/29/2011)

Dec. 29, 2011

Dec. 29, 2011

PACER
61

MOTION to Withdraw as Attorney Edward C. Dawson by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
62

ORDER GRANTING 61 Motion for Edward C. Dawson to Withdraw as Attorney for Plaintiffs. Signed by Judge Lee Yeakel. (klw, ) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
63

ADVISORY TO THE COURT by City of Austin Vacation Letter. (Edwards, Christine) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
64

Letter Brief by Rodolfo Sanchez, Kristopher Sleeman. (klw, ) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
65

ADVISORY TO THE COURT by Art Acevedo, City of Austin, Sheryl Cole, Lee Leffingwell, Mike Martinez, Michael McDonald, Laura Morrison, Marc Ott, Chris Riley, Bill Spelman, Kathy Tovo. (Edwards, Christine) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
66

NOTICE to the court regarding court settings by Rodolfo Sanchez, Kristopher Sleeman. (klw, ) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
67

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Lee Yeakel. (klw) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

Clearinghouse
68

FINAL JUDGMENT in favor of Plaintiffs against Defendants. Signed by Judge Lee Yeakel. (klw) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

Clearinghouse
69

MOTION for Extension of Time to File Motion for Fees, Costs, and Expenses by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Proposed Order)(Bates, Ryan) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
70

ORDER GRANTING 69 Motion for Extension of Time to File Motion for Fees, Costs and Expenses until 10/18/12. Signed by Judge Lee Yeakel. (klw) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
71

Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees by City of Austin. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
72

ORDER GRANTING Defendant's 71 Motion for Extension of Time to File Motion for Attorney's Fees until 10/22/12. Signed by Judge Lee Yeakel. (klw) (Entered: 10/16/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
73

MOTION for Attorney Fees by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Proposed Order, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit B)(Bates, Ryan) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
74

BILL OF COSTS by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Exhibit)(Bates, Ryan) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
75

RESPONSE to Motion, filed by City of Austin, re 73 MOTION for Attorney Fees filed by Plaintiff Kristopher Sleeman, Plaintiff Rodolfo Sanchez (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
76

MOTION to Amend Judgment by City of Austin. (Attachments: # 1 Proposed Order)(Edwards, Christine) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
77

REPLY to Response to Motion, filed by Rodolfo Sanchez, Kristopher Sleeman, re 73 MOTION for Attorney Fees filed by Plaintiff Kristopher Sleeman, Plaintiff Rodolfo Sanchez (Bates, Ryan) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
78

Response in Opposition to Motion, filed by Rodolfo Sanchez, Kristopher Sleeman, (Attachments: # 1 Proposed Order Proposed Order)(Bates, Ryan) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
79

ADVISORY TO THE COURT by Rodolfo Sanchez, Kristopher Sleeman. (Attachments: # 1 Exhibit opinion)(Bates, Ryan) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
80

REPLY to Response to Motion, filed by City of Austin, re 76 MOTION to Amend Judgment filed by Defendant City of Austin (Edwards, Christine) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
81

ORDER DENYING Defenant's 76 Motion to Amend Judgment. Signed by Judge Lee Yeakel. (klw) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
82

NOTICE to Counsel of Record to pickup exhibits no later than 04/16/13 or they will be destroyed. (klw) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
83

EXHIBIT RECEIPT by Plaintiff for trial binder.(klw) (Entered: 04/15/2013)

April 12, 2013

April 12, 2013

PACER

EXHIBITS DESTROYED: Defendants' 57 Trial Exhibits (1 binder).(klw)

April 17, 2013

April 17, 2013

PACER
84

ADVISORY TO THE COURT by Rodolfo Sanchez, Kristopher Sleeman. (Bates, Ryan) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
85

Costs Taxed in the amount of $3,951.20 against City of Austin. (klw) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
86

ORDER DENYING Plaintiffs' 73 Motion for Attorney Fees, Costs and Expenses. Signed by Judge Lee Yeakel. (klw) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
87

Appeal of Order entered by District Judge 86 by Rodolfo Sanchez, Kristopher Sleeman. ( Filing fee $ 455 receipt number 0542-5881904) (Bates, Ryan) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER

NOTICE OF APPEAL following 87 Notice of Appeal (E-Filed) by Rodolfo Sanchez, Kristopher Sleeman. Filing fee $ 455, receipt number 0542-5881904. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (klw)

Sept. 25, 2013

Sept. 25, 2013

PACER
88

TRANSCRIPT REQUEST for dates of 11/21/11 and 11/29/11. Proceedings Transcribed: Teleconfernces. Court Reporter: Arlinda Rodriguez. (klw) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
89

TRANSCRIPT REQUEST for dates of 12/21-22/11. Proceedings Transcribed: Bench Trial. Court Reporter: Arlinda Rodriguez. (klw) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
90

Transcript filed of Proceedings held on November 21, 2011, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/25/2013, Redacted Transcript Deadline set for 12/5/2013, Release of Transcript Restriction set for 2/3/2014, Appeal Record due by 11/19/2013, (Rodriguez, Arlinda) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
91

Transcript filed of Proceedings held on November 29, 2011, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/25/2013, Redacted Transcript Deadline set for 12/5/2013, Release of Transcript Restriction set for 2/3/2014, Appeal Record due by 11/19/2013, (Rodriguez, Arlinda) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
92

Transcript filed of Proceedings held on December 22, 2011, Proceedings Transcribed: Bench Trial Volume 2 of 2. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/25/2013, Redacted Transcript Deadline set for 12/5/2013, Release of Transcript Restriction set for 2/3/2014, Appeal Record due by 11/19/2013, (Rodriguez, Arlinda) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER

Case Details

State / Territory: Texas

Case Type(s):

Policing

Speech and Religious Freedom

Special Collection(s):

Occupy

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 21, 2011

Closing Date: April 9, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Occupy Austin protesters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Austin (Travis), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition