Case: Smith v. District of Columbia

1:15-cv-00161 | U.S. District Court for the District of Columbia

Filed Date: Feb. 2, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 14, 2014, a man who had been left in jail for twenty-three days after his court-ordered release date filed this lawsuit in the Superior Court for the District of Columbia. The plaintiff sued the District of Columbia, the D.C. Department of Corrections, and several employees of the D.C. Department of Corrections under 42 U.S.C. § 1983 and common law. The plaintiff’s release was ordered on March 18, 2014, but he was not released until April 10, 2014. He alleged that his over-detention…

On November 14, 2014, a man who had been left in jail for twenty-three days after his court-ordered release date filed this lawsuit in the Superior Court for the District of Columbia. The plaintiff sued the District of Columbia, the D.C. Department of Corrections, and several employees of the D.C. Department of Corrections under 42 U.S.C. § 1983 and common law. The plaintiff’s release was ordered on March 18, 2014, but he was not released until April 10, 2014. He alleged that his over-detention was illegal false imprisonment, constituted negligence on the part of the defendants, and violated his due process rights under the Fifth and Fourteenth Amendments. Represented by private counsel, the plaintiff sought compensatory damages, punitive damages, and attorneys’ fees. On February 2, 2015, the defendants removed the case to the United States District Court for the District of Columbia. The case was assigned to Judge Amy Berman Jackson.

On February 9, 2015, the Department of Corrections filed a motion to dismiss because, as an agency within the D.C. government, it could not be a party to any lawsuit. On February 27, the parties filed a stipulation that dismissed the Department of Correction from the case.

On August 14, 2015, the warden of the D.C. Jail filed a motion to dismiss for failure to state a claim, arguing that the official-capacity claims against defendant Smith are duplicative of his claims against the District of Columbia and that the complaint did not allege any viable individual-capacity claims against him. On December 15, the court granted this motion, and the warden was dismissed as a defendant. 149 F.Supp.3d 128.

On February 1, 2016, the case was referred to Magistrate Judge Alan Kay for mediation. Initial attempts at mediation were unsuccessful.

On April 21, 2016, the plaintiff filed an amended complaint, adding two individual defendants and an additional claim against the District of Columbia. Then, on May 11, the plaintiff moved for discovery costs and fees, alleging that the defendants had claimed that certain documents did not exist and then failed to provide the plaintiff with them once the plaintiff found out that they did exist. The case was randomly reassigned to Magistrate Judge Robinson to decide on this motion. On December 6, Magistrate Judge Robinson granted the motion in part and denied it in part: the District of Columbia was precluded from using those documents, and the plaintiff was granted $18,428.30 in fees and costs. 319 F.R.D. 40. (Judge Jackson would later reduce this amount down to $15,579.90. 249 F.Supp.3d 106.)

In December 2016 and January 2017, both sides sought summary judgment; after the parties alleged different versions of the facts, the court denied both motions as moot on February 21, 2017.

On March 31, 2017, the defendants filed another motion for partial summary judgment, as did the plaintiff two weeks later. Nearly a year later, on March 30, 2018, the court granted both of these motions in part and denied them both in part. The constitutional claims and the false imprisonment claims against the two individual defendants were dismissed, leaving only the negligence claim at issue for those defendants. The false imprisonment and negligence claims against the District of Columbia were decided in favor of the plaintiff, as was part of the due process claim. For all other claims against the District of Columbia, the plaintiff was denied summary judgment. The District of Columbia was granted summary judgment as to the plaintiff's negligent supervision and training claim and part of the plaintiff's due process claim. 2018 WL 1568878.

On April 20, 2018, the court referred this case, with consent of the parties, to Magistrate Judge G. Michael Harvey for mediation. In July of 2018 the parties agreed to pretrial conference and trial that was to occur in late October of that year. However, for reasons unknown to the Clearinghouse, both the conference and the trial were delayed until February of 2019. After the trial the court asked for proposed findings of fact from both sides. The case is still ongoing.

Summary Authors

Rebecca Strauss (6/22/2018)

Jack Hibbard (6/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4213389/parties/smith-v-district-of-columbia/


Judge(s)
Attorney for Plaintiff

Akulian, David (District of Columbia)

Attorney for Defendant

1-10, JOHN DOES (District of Columbia)

Adams, Eugene A. (District of Columbia)

Adams, Corliss Vaughn (District of Columbia)

Addo, Michael K (District of Columbia)

Expert/Monitor/Master/Other
Judge(s)

Jackson, Amy Berman (District of Columbia)

Robinson, Deborah A. (District of Columbia)

Attorney for Defendant

1-10, JOHN DOES (District of Columbia)

Adams, Eugene A. (District of Columbia)

Adams, Corliss Vaughn (District of Columbia)

Addo, Michael K (District of Columbia)

Amato, Maria-Claudia Theresa (District of Columbia)

Anderson, Steven J. (District of Columbia)

Armstrong, Joel Demetrius (District of Columbia)

ARTHUR, ELIZABETH G. (District of Columbia)

AVERSA, ROBYN LYNN (District of Columbia)

Baker, Melissa Lael (District of Columbia)

Baker, Denise J. (District of Columbia)

Barksdale, Charles Beverly (District of Columbia)

Bender, Robyn Renee (District of Columbia)

Beydoun, Ali Abed (District of Columbia)

Beyer, Wayne C. (District of Columbia)

BISCEGLIE, KYLE C. (District of Columbia)

Blecher, Matthew Robert (District of Columbia)

Block, Alan S. (District of Columbia)

Bojanowski, Timothy J. (District of Columbia)

Bolden, Melvin W. (District of Columbia)

Bravo, Mariana del (District of Columbia)

Bruckheim, Michael P. (District of Columbia)

Bryant, Asha Shawnique (District of Columbia)

Burstein, Caliandra (District of Columbia)

Buscemi, Peter (District of Columbia)

Bush, Nicholas Alan (District of Columbia)

Cameron, Donald Stuart (District of Columbia)

Caspari, Matthew W. (District of Columbia)

Causey, William Frederick (District of Columbia)

Chambers, Darrell (District of Columbia)

Chang, William (District of Columbia)

Chhe, Soriya R. (District of Columbia)

Coates, Nicholas (District of Columbia)

Conner, Michelle E. (District of Columbia)

COOLEY, GWENDOLYN J. (District of Columbia)

Copeland, Chad Wayne (District of Columbia)

Coppock, Akua Damali (District of Columbia)

Corcoran, Stephanie Marie (District of Columbia)

Coughlin, Charles Joseph (District of Columbia)

Cullen, Alicia Marie (District of Columbia)

Cumming, Gregory Martin (District of Columbia)

Dansby, Joshua Wade (District of Columbia)

Davy, Michelle Hamilton (District of Columbia)

DeBerardinis, Robert A. Jr. (District of Columbia)

DELLICATO, WILLIAM M. (District of Columbia)

DeMarco, Juliane T. (District of Columbia)

Dickerson, Rahsaan J (District of Columbia)

Donkor, Patricia B. (District of Columbia)

Drummey, Jane (District of Columbia)

Eberle, Andrew Carl (District of Columbia)

Efros, Ellen A. (District of Columbia)

ESMERADO, DENISE ERRICO (District of Columbia)

Featherstone, Kerslyn D. (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Ferster, Andrea C. (District of Columbia)

Fischer, Michael John (District of Columbia)

Fisher, David (District of Columbia)

Frost, Shana Lyn (District of Columbia)

Gainey, Shameka L. (District of Columbia)

Gallagher, Judith C. (District of Columbia)

GANNON, CHRISTIAN H. (District of Columbia)

Gasper, George A. (District of Columbia)

Gemmill, Helen L. (District of Columbia)

George, Laura (District of Columbia)

Gere, Elizabeth Sarah (District of Columbia)

Gill, Ronald William (District of Columbia)

Glover, Eric Sebastian (District of Columbia)

Gonzalez, Joseph Alfonso (District of Columbia)

Graham, Grace (District of Columbia)

Guest, Nathan Andrew (District of Columbia)

Hardy, Tasha Monique (District of Columbia)

HARRISON, ERIC L. (District of Columbia)

Henneberry, Edward Paul (District of Columbia)

Hersh, Michelle Guyette (District of Columbia)

Hill, Dana E. (District of Columbia)

HOFFMAN, DAVID M. (District of Columbia)

Holsman, Jennifer L. (District of Columbia)

HORN, ELLEN M. (District of Columbia)

Hutton, Caroline B. (District of Columbia)

Hyden, David A. (District of Columbia)

Jackson, Catherine Anne (District of Columbia)

Jackson, David A. (District of Columbia)

Jackson, Toni Michelle (District of Columbia)

Jara, Ana Lorraine (District of Columbia)

Jefferson, Dwayne C. (District of Columbia)

JENKINS, DOUGLAS K. (District of Columbia)

Johnson, Holly Michelle (District of Columbia)

Johnson, Wyneva (District of Columbia)

Jones, Shermineh C. (District of Columbia)

Jones, Patricia Ann (District of Columbia)

Kantor, Jayme (District of Columbia)

Kaplan, Samuel C. (District of Columbia)

Karpinski, Alex (District of Columbia)

Katzenbarger, Kimberly (District of Columbia)

Kempson, Judson Norris (District of Columbia)

Kennedy, Scott Patrick (District of Columbia)

Kent, Anna Josephine (District of Columbia)

Kerr, David M. (District of Columbia)

Kim, Brian Gook-hyun (District of Columbia)

Knapp, Sarah L. (District of Columbia)

Koger, Thomas Louis (District of Columbia)

Lanzdorf, Michael J. (District of Columbia)

Latterell, Richard Allan (District of Columbia)

Lattimore, Phillip A. (District of Columbia)

Lee, Julie Steptoe (District of Columbia)

Leininger, Peter J. (District of Columbia)

Lerner, Jacques P. (District of Columbia)

Levinson-Waldman, Ariel B. (District of Columbia)

Liapis, William Constantine (District of Columbia)

LICHTENBERG, DAVID B. (District of Columbia)

Litos, Stephanie (District of Columbia)

LOMBARDI, STEVEN P. (District of Columbia)

Love, Richard S. (District of Columbia)

Lutz, Portia (District of Columbia)

Madigan, Patrick Thomas (District of Columbia)

Maloney, Paul J. (District of Columbia)

Martin, Brant (District of Columbia)

Matini, Shana Lyn (District of Columbia)

McKinley, Erica Taylor (District of Columbia)

McQuinn, Urenthea (District of Columbia)

Medley, Philip Alexander (District of Columbia)

Mercer, John F. (District of Columbia)

Miller, Eden Ilene (District of Columbia)

Montee, Amanda (District of Columbia)

MONTGOMERY, YVONNE BARNES (District of Columbia)

MORGAN, FREDERICK M. (District of Columbia)

Naini, Ali (District of Columbia)

Naran-Ferrini, Rick V. (District of Columbia)

Naso, Chad Alan (District of Columbia)

Neal, Corey Nicholas (District of Columbia)

Neinast, Lindsay Morgan (District of Columbia)

Okereke, Christina (District of Columbia)

Oxendine, Patricia Ann (District of Columbia)

Pace, Damon A. (District of Columbia)

Parker, Charlotte Wartman (District of Columbia)

Parris, Lori S. (District of Columbia)

Parsons, Keith David (District of Columbia)

Patrick, Bradford Collins (District of Columbia)

PEET, STEPHANIE JILL (District of Columbia)

Phillips, E. Louise (District of Columbia)

PISKORA, JOHN A. (District of Columbia)

Pittman, Jonathan Hale (District of Columbia)

Pittman, Lucy E. (District of Columbia)

Pivec, Mary E. (District of Columbia)

Pollak, Cary D. (District of Columbia)

Porter, Veronica A. (District of Columbia)

Pressley, Monique Daniel (District of Columbia)

QUINN, SEAN E. (District of Columbia)

Rezneck, Daniel Albert (District of Columbia)

Rich, Robert Joseph (District of Columbia)

Rickman, George E. (District of Columbia)

Risher, Conrad Z. (District of Columbia)

Robinson, Tonya Ann (District of Columbia)

Rosenbloom, Douglas Stuart (District of Columbia)

Roundtree, Portia M. (District of Columbia)

RUDERMAN, MARK S. (District of Columbia)

Rushkoff, Bennett C. (District of Columbia)

Saindon, Andrew J. (District of Columbia)

SAVERIANO, CHRISTINA LYNN (District of Columbia)

Schifferle, Carl James (District of Columbia)

SCHWARTZ, AARON L. (District of Columbia)

Seabrook, Linda Ann (District of Columbia)

SERLIN, DAVID MALVIN (District of Columbia)

SHERIDAN, THOMAS W. (District of Columbia)

SICLARI, LAURA ANNE (District of Columbia)

Simmons, Jack M. (District of Columbia)

Skeeles-Shiner, Heather R. (District of Columbia)

Snare, Jonathan L. (District of Columbia)

SNYDER, AMY Z. (District of Columbia)

SONNENREICH, DAVID N. (District of Columbia)

Southerling, E. Andrew (District of Columbia)

STOCKWELL, MATTHEW D. (District of Columbia)

STONE, DAVID S. (District of Columbia)

Struck, Daniel P. (District of Columbia)

Sulkowski, Sarah Ann (District of Columbia)

Swann, Sally Lotz (District of Columbia)

Taylor, Leah Brownlee (District of Columbia)

Tonnesen, Sara Elizabeth (District of Columbia)

Towns, James Anthony (District of Columbia)

Utiger, Robert C. (District of Columbia)

Valdes, Leticia L. (District of Columbia)

VALENTINE, ELIZABETH (District of Columbia)

Vricos, James H. (District of Columbia)

Walls, Brenda J. (District of Columbia)

Washington, Alicia D. (District of Columbia)

WEINGARTEN, MARC P. (District of Columbia)

Williams, Zuberi Bakari (District of Columbia)

Wiseman, Benjamin Michael (District of Columbia)

Wright, Allie M. (District of Columbia)

Yong, Esther (District of Columbia)

Ziperman, Philip David (District of Columbia)

Zvenyach, Vladlen David (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:15-cv-00161

Docket [PACER]

June 5, 2018

June 5, 2018

Docket
1

1:15-cv-00161

Complaint

Feb. 2, 2015

Feb. 2, 2015

Complaint
26

1:15-cv-00161

Memorandum Opinion

Dec. 15, 2015

Dec. 15, 2015

Order/Opinion

149 F.Supp.3d 149

36

1:15-cv-00161

First Amended Complaint

April 21, 2016

April 21, 2016

Complaint
54

1:15-cv-00161

Memorandum Opinion

Dec. 6, 2016

Dec. 6, 2016

Order/Opinion

319 F.R.D. 319

74

1:15-cv-00161

Memorandum Opinion and Order

April 6, 2017

April 6, 2017

Order/Opinion

249 F.Supp.3d 249

86

1:15-cv-00161

Memorandum Opinion

March 30, 2018

March 30, 2018

Order/Opinion

306 F.3d 306

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4213389/smith-v-district-of-columbia/

Last updated March 18, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2014 CA 007278 B filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS. (Attachments: # 1 Exhibit Superior Court Documents, # 2 Exhibit Civil Cover Sheet)(Cullen, Alicia) (Entered: 02/02/2015)

1 Exhibit Superior Court Documents

View on RECAP

2 Exhibit Civil Cover Sheet

View on PACER

Feb. 2, 2015

Feb. 2, 2015

PACER

Case Assigned/Reassigned

Feb. 3, 2015

Feb. 3, 2015

PACER

Case Assigned to Judge Amy Berman Jackson. (rd)

Feb. 3, 2015

Feb. 3, 2015

PACER
2

NOTICE TO COUNSEL by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS (rd) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
3

Receipt on 2/4/2015 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2014 CA 007278 B. (Attachments: # 1 Superior Court Documents)(rdj) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
4

ANSWER to Complaint with Jury Demand by DISTRICT OF COLUMBIA.(Cullen, Alicia) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
5

MOTION to Dismiss by DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS (Cullen, Alicia) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER

Order

Feb. 12, 2015

Feb. 12, 2015

PACER

MINUTE ORDER. Meet and Confer Initial Scheduling Conference set for 3/10/2015 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. Plaintiff and Defendant District of Columbia shall meet, confer, and file a Joint Report pursuant to Local Rule 16.3 by 3/2/2015. Any dates contained in the Report should be expressed as specific dates (month/day/year) rather than as time frames (e.g., "60 days after the entry of the scheduling order"). Counsel are directed to contact the Court's Deputy Clerk in the first instance to request the rescheduling of court appearances. The party seeking the change in schedule must first confer with counsel for all other parties and be prepared to provide the Deputy Clerk with proposed mutually agreeable dates. Signed by Judge Amy Berman Jackson on 02/12/2015. (jth)

Feb. 12, 2015

Feb. 12, 2015

PACER
6

NOTICE of Appearance by David Akulian on behalf of GREGORY SMITH (Attachments: # 1 Certificate of Service)(Akulian, David) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
7

STIPULATION of Dismissal Defendant D.C. Department of Corrections by GREGORY SMITH. (Attachments: # 1 Certificate of Service)(Klaproth, Brendan) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER

Order on Motion to Dismiss

March 2, 2015

March 2, 2015

PACER

MINUTE ORDER denying as moot 5 defendant D.C. Department of Corrections' Motion to Dismiss, in light of 7 the Stipulation of Dismissal of that defendant. Signed by Judge Amy Berman Jackson on 3/2/2015. (lcabj2)

March 2, 2015

March 2, 2015

PACER
8

MOTION for Leave to File by GREGORY SMITH (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service, # 4 Text of Proposed Order)(Klaproth, Brendan) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
9

REQUEST FOR SUMMONS TO ISSUE by GREGORY SMITH filed by GREGORY SMITH.(Klaproth, Brendan) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER

Order on Motion for Leave to File

March 4, 2015

March 4, 2015

PACER

MINUTE ORDER granting 8 Motion for Leave to File plaintiff's LCvR 16.3 report. The Clerk is directed to file plaintiff's report [Dkt. # 8-1] on the docket. The parties shall continue to confer in an effort to submit a joint LCvR 16.3 report before the scheduling conference set for March 10, 2015. Signed by Judge Amy Berman Jackson on 3/4/2015. (lcabj2)

March 4, 2015

March 4, 2015

PACER
10

SUMMONS (1) Issued Electronically as to WILLIAM J. SMITH. (jf, ) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
11

MEET AND CONFER STATEMENT. (jf, ) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
12

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Cullen, Alicia) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER

Meet and Confer Hearing

March 10, 2015

March 10, 2015

PACER

Minute Entry for proceedings held before Judge Amy Berman Jackson: Meet and Confer Hearing held on 3/10/2015. A Status Conference is scheduled for 11/10/2015 at 10:00 AM before Judge Amy Berman Jackson. Scheduling Order to be issued. (Court Reporter Janice Dickman) (jth)

March 10, 2015

March 10, 2015

PACER
13

SCHEDULING ORDER. Initial disclosures shall be completed by April 24, 2015. All fact discovery shall be completed by November 10, 2015. All discovery requests shall be served in sufficient time to allow a response consistent with the timing set forth in the Federal Rules of Civil Procedure and the Local Civil Rules unless otherwise stipulated by the parties. Each side may conduct up to 10 depositions and serve up to 25 interrogatories. A further status conference is scheduled for November 10, 2015 at 10:00 am in Courtroom 3. Plaintiff's expert disclosures shall be made by December 10, 2015. Defendant's expert disclosures shall be made by February 10, 2016. All expert depositions shall be completed no later than April 10, 2016. See Order for details. Signed by Judge Amy Berman Jackson on 3/10/2015. (lcabj2) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER

Set/Reset Deadlines

March 10, 2015

March 10, 2015

PACER

Set/Reset Deadlines: Initial disclosures shall be completed by 4/24/2015. Fact Discovery to be completed by 11/10/2015. A further status conference is scheduled for 11/10/2015 at 10:00 AM. Plaintiff's Rule 26(a)(2) Expert Disclosures shall be made by 12/10/2015. Defendant's Rule 26(a)(2) Expert Disclosures shall be made by 2/10/2016. All expert depositions shall be completed by 4/10/2016. (jth)

March 10, 2015

March 10, 2015

PACER
14

RULE 26a1 STATEMENT. (Attachments: # 1 Certificate of Service)(Klaproth, Brendan) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
15

MOTION for Extension of Time to Serve Defendant Warden William J. Smith by GREGORY SMITH (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1 to Declaration, # 4 Exhibit 2 to Declaration, # 5 Exhibit 3 to Declaration, # 6 Text of Proposed Order, # 7 Certificate of Service)(Klaproth, Brendan) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER

Order on Motion for Extension of Time to

June 2, 2015

June 2, 2015

PACER

MINUTE ORDER granting 15 Motion for Extension of Time. Plaintiff shall have until August 3, 2015, to effectuate service on defendant William J. Smith. Signed by Judge Amy Berman Jackson on 6/2/2015. (lcabj2)

June 2, 2015

June 2, 2015

PACER

Set/Reset Deadlines

June 2, 2015

June 2, 2015

PACER

Set/Reset Deadlines: Time to effectuate service upon defendant William J. Smith due by 8/3/2015. (tb)

June 2, 2015

June 2, 2015

PACER
16

Consent MOTION for Protective Order by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit Proposed Protective Order)(Cullen, Alicia) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
17

PROTECTIVE ORDER (see the order for more complete details). Signed by Judge Amy Berman Jackson on 6/12/2015. (jth) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM J. SMITH served on 7/24/2015, answer due 8/14/2015 (Akulian, David) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
19

MOTION to Dismiss by WILLIAM J. SMITH (Cullen, Alicia) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
20

Memorandum in opposition to re 19 MOTION to Dismiss filed by GREGORY SMITH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Klaproth, Brendan) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
21

Unopposed MOTION for Leave to File REPLY TO PLAINTIFFS OPPOSITION TO HIS MOTION TO DISMISS by WILLIAM J. SMITH (Attachments: # 1 Exhibit Proposed Reply)(Addo, Michael) (Entered: 10/01/2015)

1 Exhibit Proposed Reply

View on PACER

Oct. 1, 2015

Oct. 1, 2015

PACER

Order on Motion for Leave to File

Oct. 2, 2015

Oct. 2, 2015

PACER

MINUTE ORDER granting 21 Motion for Leave to File. The Clerk of Court is directed to docket [21-1] defendant Smith's reply in support of his motion to dismiss. The parties are instructed that any future requests for an extension must be filed two days before the date to be extended. Signed by Judge Amy Berman Jackson on 10/2/2015. (lcabj2)

Oct. 2, 2015

Oct. 2, 2015

PACER
22

REPLY to opposition to re 19 MOTION to Dismiss filed by WILLIAM J. SMITH. (jf) (Entered: 10/05/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
23

MOTION for Extension of Time to Complete Discovery by GREGORY SMITH (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Text of Proposed Order, # 10 Certificate of Service)(Klaproth, Brendan) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER

Order

Nov. 5, 2015

Nov. 5, 2015

PACER

MINUTE ORDER. In light of the issues raised in 23 plaintiff's motion for an extension of time to complete discovery, it is ORDERED that the status conference presently set for November 10, 2015 at 10:00 am in Courtroom 3 will proceed as scheduled, and the Court will resolve the issues identified in plaintiff's motion at that time. Signed by Judge Amy Berman Jackson on 11/5/2015. (lcabj2)

Nov. 5, 2015

Nov. 5, 2015

PACER
24

RESPONSE re 23 MOTION for Extension of Time to Complete Discovery filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Cullen, Alicia) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER

Order on Motion for Extension of Time to Complete Discovery

Nov. 9, 2015

Nov. 9, 2015

PACER

MINUTE ORDER granting in part and denying in part 23 Motion for Extension of Time to Complete Discovery. Notwithstanding the minute order issued on November 5, 2015, the Court hereby vacates the status conference scheduled for November 10, 2015 and resets it for January 13, 2016 at 10:00 a.m. in Courtroom 3. Plaintiff's motion to extend the time to complete discovery will be granted in part, and the schedule established by this Court on March 10, 2015 will be amended as follows: Fact discovery, including both the taking of individual and 30(b)(6) depositions and the completion of outstanding paper discovery, shall be completed by January 15, 2016. Plaintiff's expert disclosures shall be made by February 10, 2016. Defendants' expert disclosures shall be made by April 11, 2016. All expert depositions shall be completed no later than June 10, 2016. The parties are reminded that the scheduling order in this case specifically provides: "No written discovery motion may be filed without a prior conference with the Court and leave of Court." Any future pleadings concerning discovery that are filed in violation of the order will be stricken. Signed by Judge Amy Berman Jackson on 11/9/15. (DMK)

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines/Hearings

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines/Hearings: The Status Conference is re-scheduled for 1/13/2016 at 10:00 AM in Courtroom 3; Fact discovery, including both the taking of individual and 30(b)(6) depositions and the completion of outstanding paper discovery, shall be completed by 1/15/2016; Plaintiff's Expert Disclosures are due by 2/10/2016; Defendants' Expert Disclosures are due by 4/11/2016. All expert depositions shall be completed by 6/10/2016. (jth)

Nov. 9, 2015

Nov. 9, 2015

PACER
25

ORDER granting 19 Motion to Dismiss. See Order for details. Signed by Judge Amy Berman Jackson on 12/15/2015. (lcabj2) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
26

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 12/15/2015. (lcabj2) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

RECAP

Status Conference

Jan. 13, 2016

Jan. 13, 2016

PACER

Minute Entry for proceedings held before Judge Amy Berman Jackson: Status Conference held on 1/13/2016. Fact Discovery now closes on 1/29/2016. The parties are directed to file a Joint Status Report on 1/29/2016 proposing the remainder of a schedule, including their respective positions on Expert Discovery and Mediation. (Court Reporter Janice Dickman) (jth)

Jan. 13, 2016

Jan. 13, 2016

PACER
27

Joint STATUS REPORT by DISTRICT OF COLUMBIA. (Addo, Michael) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
28

ORDER REFERRING CASE for Mediation to Magistrate Judge Alan Kay, to commence on February 1, 2016 and to conclude April 1, 2016. Fact discovery shall conclude by February 12, 2016, and the remainder of the discovery schedule, including the need to identify expert witnesses and any date for the filing of an amended complaint, shall be held in abeyance until the close of mediation. The parties shall file a report on the status of the mediation on March 11, 2016, and if the case settles in whole or in part, both parties shall immediately advise the Court of the settlement by filing a stipulation.See Order for details. Signed by Judge Amy Berman Jackson on 2/1/2016. (lcabj2) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER

Case Referred to Magistrate Judge

Feb. 1, 2016

Feb. 1, 2016

PACER

CASE DIRECTLY REFERRED to Magistrate Judge Alan Kay to commence February 1, 2016 and to conclude 4/1/2016. (sth)

Feb. 1, 2016

Feb. 1, 2016

PACER

Set/Reset Deadlines

Feb. 2, 2016

Feb. 2, 2016

PACER

Set/Reset Deadlines: Mediation to conclude by 4/1/2016; Fact discovery to conclude by 2/12/2016; The Parties shall file a Report on the Status of Mediation on 3/11/2016. (jth)

Feb. 2, 2016

Feb. 2, 2016

PACER

Order

Feb. 12, 2016

Feb. 12, 2016

PACER

MINUTE ORDER. Pursuant to the teleconference held between the parties on February 12, 2016, it is ORDERED that the deadline to complete fact discovery in this matter is hereby extended until February 26, 2016. In the future, if the parties seek an extension of a deadline, and the parties agree to the requested extension, the parties may obtain the extension by filing a consent motion. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/12/2016. (lcabj2)

Feb. 12, 2016

Feb. 12, 2016

PACER

Set/Reset Deadlines

Feb. 12, 2016

Feb. 12, 2016

PACER

Set/Reset Deadlines: The deadline to complete Fact Discovery is extended until 2/26/2016. (jth)

Feb. 12, 2016

Feb. 12, 2016

PACER

Order

Feb. 18, 2016

Feb. 18, 2016

PACER

MINUTE ORDER: This case has been referred to Magistrate Judge Kay for mediation. Counsel have been given a tentative Settlement Conference date: February 25, 2016, at 10:00 a.m. Counsel should please contact chambers (202-354-3030) to confirm this date or select a new date. Signed by Magistrate Judge Alan Kay on 02/18/16. (DM)

Feb. 18, 2016

Feb. 18, 2016

PACER

Order

Feb. 22, 2016

Feb. 22, 2016

PACER

MINUTE ORDER Per request of counsel, the Settlement Conference is rescheduled from 2/25/2016 to 3/3/2016 at 10:00 AM in Chambers (room 2333) before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 2/22/2016. (lcak1)

Feb. 22, 2016

Feb. 22, 2016

PACER
29

Joint MOTION for Extension of Time to Complete Discovery by GREGORY SMITH (Attachments: # 1 Certificate of Service, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Akulian, David) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER

Order on Motion for Extension of Time to Complete Discovery

Feb. 25, 2016

Feb. 25, 2016

PACER

MINUTE ORDER granting 29 Motion for Extension of Time to Complete Discovery. The deadline to complete fact discovery in this matter is hereby extended until March 11, 2016. Signed by Judge Amy Berman Jackson on 2/25/2016. (lcabj2)

Feb. 25, 2016

Feb. 25, 2016

PACER

Set/Reset Deadlines

Feb. 25, 2016

Feb. 25, 2016

PACER

Set/Reset Deadlines: The deadline to complete Fact Discovery in this matter is hereby extended until 3/11/2016. (jth)

Feb. 25, 2016

Feb. 25, 2016

PACER

Settlement Conference

March 3, 2016

March 3, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 3/3/2016. (DM)

March 3, 2016

March 3, 2016

PACER

Order

March 14, 2016

March 14, 2016

PACER

MINUTE ORDER. On February 1, 2016, the Court referred this matter to Magistrate Judge Alan Kay for mediation, and it called for the parties to file a status report on the mediation by March 11, 2016. The Court also stated that "the remainder of the discovery schedule, including the need to identify expert witnesses and any date for the filing of an amended complaint," would be held in abeyance pending the close of mediation. As of today's date, the parties have not filed the joint status report as ordered. Thus, it is ORDERED that by March 18, 2016, the parties shall file a joint status report advising the Court of the status of mediation and proposing a schedule for expert discovery and the briefing of dispositive motions, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/14/2016. (lcabj2)

March 14, 2016

March 14, 2016

PACER

Set/Reset Deadlines

March 15, 2016

March 15, 2016

PACER

Set/Reset Deadlines: The Parties shall file a Joint Report advising the Court of the Status of Mediation and proposing a schedule for expert discovery and the briefing of dispositive motions, if necessary, by 3/18/2016. (jth)

March 15, 2016

March 15, 2016

PACER
30

NOTICE of Appearance by Akua Damali Coppock on behalf of DISTRICT OF COLUMBIA (Coppock, Akua) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
31

Joint STATUS REPORT by GREGORY SMITH. (Attachments: # 1 Text of Proposed Order)(Klaproth, Brendan) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER

Order

March 17, 2016

March 17, 2016

PACER

MINUTE ORDER. In light of 31 the parties' joint status report, it is ORDERED that: plaintiff shall file his motion for leave to file an amended complaint, if any, by March 25, 2016; plaintiff's expert disclosures shall be made by April 15, 2016; defendant's expert disclosures shall be made by June 15, 2016; expert discovery shall be completed by July 15, 2016; motions for summary judgment, if any, shall be filed by August 15, 2016, with oppositions filed by September 5, 2016, and replies filed by September 19, 2016. It is FURTHER ORDERED that a status conference shall be held on July 19, 2016, at 10:00 am in Courtroom 3. Signed by Judge Amy Berman Jackson on 3/17/2016. (lcabj2)

March 17, 2016

March 17, 2016

PACER

Set/Reset Deadlines/Hearings

March 17, 2016

March 17, 2016

PACER

Set/Reset Deadlines/Hearings: Plaintiff's Motion for leave to file an Amended complaint, if any, is due by 3/25/2016; Plaintiff's expert disclosures are due by 4/15/2016; Defendant's expert disclosures are due by 6/15/2016; Expert Discovery shall be completed by 7/15/2016; Motions for Summary Judgment, if any, are due by 8/15/2016; Oppositions are due by 9/5/2016, Replies are due by 9/19/2016; a Status Conference is scheduled for 7/19/2016 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

March 17, 2016

March 17, 2016

PACER
32

MOTION to Amend/Correct Complaint by GREGORY SMITH (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - First Amended Complaint, # 3 Text of Proposed Order, # 4 Certificate of Service)(Klaproth, Brendan) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
33

Memorandum in opposition to re 32 MOTION to Amend/Correct Complaint filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A)(Cullen, Alicia) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
34

REPLY to opposition to motion re 32 MOTION to Amend/Correct Complaint filed by GREGORY SMITH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Klaproth, Brendan) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
35

ORDER granting 32 Motion to Amend/Correct. By April 22, 2016, plaintiff shall file an amended complaint which consists of the revised version of the proposed amended complaint found at Dkt. # 34-1 and the exhibit attached to the earlier version of the proposed amended complaint at Dkt. # 32-2. Signed by Judge Amy Berman Jackson on 4/19/2016. (lcabj2) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER

Set/Reset Deadlines

April 20, 2016

April 20, 2016

PACER

Set/Reset Deadlines: Plaintiff shall file by 4/22/2016, an Amended Complaint which consists of the revised version of the proposed amended complaint found at Dkt. # 34-1 and the exhibit attached to the earlier version of the proposed amended complaint at Dkt. # 32-2. (jth)

April 20, 2016

April 20, 2016

PACER
36

AMENDED COMPLAINT against DISTRICT OF COLUMBIA, JACK JONES, JEANETTE MYRICK with Jury Demand filed by GREGORY SMITH. (Attachments: # 1 Summons, # 2 Summons)(Klaproth, Brendan) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
37

SUMMONS (2) Issued Electronically as to JACK JONES, JEANETTE MYRICK. (jf) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
38

ANSWER to 36 Amended Complaint by DISTRICT OF COLUMBIA. Related document: 36 Amended Complaint filed by GREGORY SMITH.(Addo, Michael) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

RECAP
39

MOTION for Costs and Fees by GREGORY SMITH (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Declaration of Klaproth, # 15 Declaration of Akulian, # 16 Text of Proposed Order, # 17 Certificate of Service)(Klaproth, Brendan) Modified event title on 5/12/2016 (znmw). (Entered: 05/11/2016)

1

View on RECAP

11

View on RECAP

May 11, 2016

May 11, 2016

RECAP
40

Memorandum in opposition to re 39 MOTION for Costs and Fees filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Addo, Michael) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
41

REPLY to opposition to motion re 39 MOTION for Costs and Fees filed by GREGORY SMITH. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Klaproth, Brendan) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER

Order Referring Case to Magistrate Judge

June 13, 2016

June 13, 2016

PACER

MINUTE ORDER REFERRING CASE for Determination on Motion. It is ORDERED that 39 plaintiff's Motion for Costs and Fees is hereby referred to a United States Magistrate Judge for determination pursuant to LCvR 72.2. Until this referral is terminated, all filings related to this motion shall include the initials of the Magistrate Judge in the caption next to the initials of the undersigned judge. See LCvR 5.1(f). Signed by Judge Amy Berman Jackson on 6/13/2016. (lcabj2)

June 13, 2016

June 13, 2016

PACER
42

MOTION for Extension of Time to Designate Experts by DISTRICT OF COLUMBIA (Cullen, Alicia) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER

Case Referred to Magistrate Judge

June 13, 2016

June 13, 2016

PACER

CASE RANDOMLY REFERRED to Magistrate Judge Deborah A. Robinson for determination on 39 Motion pursuant to LCvR 72.2 (md)

June 13, 2016

June 13, 2016

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 2, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A man left in jail for twenty-three days after his court-ordered release date.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Discharge & termination plans

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Record-keeping

Records Disclosure