Case: Smith v. Jackson

Smith v. City of Jackson

Smith v. City of Jackson

Smith v. City of Jackson

U.S. Court of Appeals for the Fifth Circuit

Smith v. City of Jackson

Supreme Court of the United States

Smith et al. v. City of Jackson et al.

Oyez Project

COMPLAINT Filing Fee $ 150.00 Receipt # 3996; jury demand; Notice of Assignment mailed. (thr) (Entered: 05/15/2001)

Magistrate Judge Assignment Alfred G. Nicols (thr)

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr)

SUMMONS(ES) issued for defendant City of Jackson, defendant Jackson Police Dept. (thr)

SUMMONS Returned Executed as to defendant City of Jackson 5/24/01 Answer due on 6/13/01 for City of Jackson (sec) (Entered: 06/01/2001)

SUMMONS Returned Executed as to defendant Jackson Police Dept. 5/24/01 Answer due on 6/13/01 for Jackson Police Dept. (sec) (Entered: 06/01/2001)

Notice of Service of Pre-Discovery Disclosure by plaintiff all plaintiffs (sec) (Entered: 06/01/2001)

ANSWER to Complaint by defendant City of Jackson, defendant Jackson Police Dept. (Attorney J. Anthony Williams), (cwl) (Entered: 06/19/2001)

Rule 16.1(A) Initial Order; copies mailed (cwl) (Entered: 06/19/2001)

Telephonic Case Management Conference set 11:00 8/16/01 location: Jackson, MS before Magistrate Judge Alfred G. Nicols copies mailed to J. Anthony Williams, Samuel M. Brand Jr., Dennis L. Horn (cwl)

Notice of Service of Pre-Disclosure by defendant City of Jackson, defendant Jackson Police Dept. (sec) (Entered: 08/13/2001)

Telephonic Case Management Conference held (sec)

Minute entry: hearing on Telephonic Case Management Conference before Magistrate Judge Nicols on 8/16/01, Jackson, MS. Action Taken: Trial,Pretrial and Settlement Conference dates set. (sec) (Entered: 08/20/2001)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Standard Scheduling Deadlines: Jury Trial 10/7/02 and Final Pretrial Conference for 9/6/02, before Judge Barbour, Jackson, Ms ; Discovery cutoff 5/7/02 ; Joining of parties,amending of pleadings by 9/16/01 ; Pla. Designation of Experts by 2/7/02 ; Dft Designation of Experts by 3/7/02 ; Motion Filing deadline on 5/22/02 ; Settlement Conference for 10:00 5/27/02 ; ( signed by Magistrate Judge Alfred G. Nicols ) copies mailed. (sec) (Entered: 08/20/2001)

Case assigned to Standard Track. (sec)

Notice of Service - Request for Admissions by all plaintiffs (sec) (Entered: 09/05/2001)

Notice of Service of Response by defendant City of Jackson, defendant Jackson Police Dept. to Request for Admissions (sec) (Entered: 10/03/2001)

Notice of Service of Second Set of Interrogatories by all plaintiffs (sec) (Entered: 10/10/2001)

ORDER RESETTING SETTLEMENT CONFERENCE; that due to clerical error the settlement confernece set by the initial Case Management Plan Order should be reset on another date; reset Settlement Conference for 10:00 a.m. on 5/20/02 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 10/12/2001)

Notice of Service of Response by defendant City of Jackson to interrogatories, production requests (lwe) (Entered: 11/14/2001)

MOTION by plaintiff all plaintiffs to Compel discovery (sec) (Entered: 12/12/2001)

RESPONSE by defendant City of Jackson, defendant Jackson Police Dept. to [15-1] motion to Compel discovery by plaintiff (sec) Modified on 01/16/2002 (Entered: 12/27/2001)

REPLY by all plaintiffs to response to [15-1] motion to Compel discovery (sec) Modified on 01/16/2002 (Entered: 01/16/2002)

Notice of Service of Supplemental Disclosure by all plaintiffs. (sec) Modified on 01/08/2002 (Entered: 01/08/2002)

REBUTTAL by defendant City of Jackson, defendant Jackson Police Dept. to [17-1] response reply by plaintiff (sec) (Entered: 01/16/2002)

ORDER granting [15-1] motion to Compel discovery; that defendants directed to fully comply with this Order on or before 15-days from the filing of this Order ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 01/16/2002)

JOINT MOTION by all plaintiffs, defendant City of Jackson, defendant Jackson Police Dept. to Extend Time to designate experts (sec) (Entered: 01/24/2002)

ORDER granting [21-1] joint motion to Extend Time to designate experts, Set Case Management Order Deadlines Pla. Designation of Experts by 3/9/02 ; Dft Designation of Experts by 4/6/02 ; ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 01/25/2002)

Notice of Service of Supplemental Responses by defendant City of Jackson to First and Second Interrogatories. (sec) (Entered: 01/31/2002)

DESIGNATION of EXPERTS for PLAINTIFF by plaintiff all plaintiffs (sec) (Entered: 03/11/2002)

Notice of Service of First Combined Interrogatories, Requests for Admissions, Interrogatories and Requests for Productions of Documents by all plaintiffs (sec) (Entered: 03/28/2002)

Notice of Service - Second Request for Admissions by plaintiff Azel P. Smith, plaintiff Jacqueline Butler, plaintiff all plaintiffs, plaintiff Ruthie Porter, plaintiff Gloria plaintiff Willie Allen, plaintiff Joe L. Austin, plaintiff Jerry Brister, plaintiff Harvey L. Davis, plaintiff William H. Gladney Sr., plaintiff Tommie L. Grant, plaintiff Ned Garner, plaintiff William R. Gardner, plaintiff Samuel Haymer, plaintiff James J. Howard, plaintiff Warren E. plaintiff Thomas Hunter, plaintiff Arlander Luallen Jr., plaintiff Willie Mack, plaintiff Eugene McDonald, plaintiff Carey N. Parkinson, plaintiff Cleotha Ratliff, plaintiff John M. Russell, plaintiff David L. Shaw, plaintiff Wayne Simpson Jr., plaintiff Richard J. Smith, plaintiff Kenneth W. Stemmons, plaintiff James B. Strawbridge, plaintiff Alphonso Taylor, plaintiff Miller Weston, plaintiff Shirley Williams (sec) (Entered: 04/02/2002)

DESIGNATION of EXPERTS for DEFENDANT by defendant City of Jackson, defendant Jackson Police Dept. (sec) (Entered: 04/08/2002)

NOTICE of Service of Designatin of Expert Witnesses by defendant City of Jackson, defendant Jackson Police Dept. (sec) (Entered: 04/08/2002)

Notice of Service of Response by all plaintiffs to Requests for Admissions (sec) (Entered: 04/25/2002)

NOTICE by plaintiff all plaintiffs to take deposition of City of Jackson and City of Jackson Police Department on 5/6/02. (sec) (Entered: 04/26/2002)

MOTION by plaintiff all plaintiffs to Extend Time to respond to defendants' First Interrogatories and Requests for Production (sec) (Entered: 04/26/2002)

JOINT MOTION by plaintiff all plaintiffs, defendant City of Jackson, defendant Jackson Police Dept. to Extend Time for discovery and motion deadlines (sec) (Entered: 05/02/2002)

Notice of Service of Supplemental Pre-Discovery Disclosure by all plaintiffs (sec) (Entered: 05/03/2002)

Notice of Service of Response by defendant City of Jackson, defendant Jackson Police Dept. to Second Request for Admissions (sec) (Entered: 05/03/2002)

ORDER granting [32-1] joint motion to Extend Time for discovery and motion deadlines, cs Set Case Management Order Deadlines Discovery Cutoff 6/1/02 ; Motion Filing Deadline on 6/7/02 ; ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 05/07/2002)

MOTION by all plaintiffs to Extend Time referring to: [31-1] motion to Extend Time to respond by plaintiff (sec) (Entered: 05/07/2002)

ORDER granting [36-1] supplemental amended motion to Extend Time, [31-1] motion to Extend Time to respond; that plaintiffs responses to be delivered on or before 5/13/02 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 05/10/2002)

Notice of Service of Supplemental Pre-Discovery Disclosure by plaintiff Azel P. Smith, plaintiff Jacqueline Butler, plaintiff all plaintiffs, plaintiff Ruthie Porter, plaintiff Gloria Burns, plaintiff Willie Allen, plaintiff Joe L. Austin, plaintiff Jerry Brister, plaintiff Harvey L. Davis, plaintiff William H. Gladney Sr., plaintiff Tommie L. Grant, plaintiff Ned Garner, plaintiff William R. Gardner, plaintiff Samuel Haymer, plaintiff James J. Howard, plaintiff Warren E. Hull, plaintiff Thomas Hunter, plaintiff Arlander Luallen Jr., plaintiff Willie Mack, plaintiff Eugene McDonald, plaintiff Carey N. Parkinson, plaintiff Cleotha Ratliff, plaintiff John M. Russell, plaintiff David L. Shaw, plaintiff Wayne Simpson Jr., plaintiff Richard J. Smith, plaintiff Kenneth W. Stemmons, plaintiff James B. Strawbridge, plaintiff Alphonso Taylor, plaintiff Miller Weston, plaintiff Shirley Williams (sec) (Entered: 05/15/2002)

Notice of Service of Response by defendant City of Jackson to Combined Interrogatories and Request for Production of Documents (sec) (Entered: 05/16/2002)

RE-NOTICE by plaintiff all plaintiffs to take deposition of representative of defendant City of Jackson, MS, Police Department on 5/22/02. (sec) (Entered: 05/16/2002)

NOTICE by all plaintiffs to take deposition of Marilyn Hedrick, Jesse Robinson, Linda Taylor Otho Burton on 5/22/02 and Dr. George Terry, Jarilyn Latson, Frederick Fleming on 5/23/02. (sec) (Entered: 05/17/2002)

NOTICE by plaintiff all plaintiffs to take deposition of Marilyn Hetrick, Dr. George Terry, Joyce Scott on 5/24/02, Linda Taylor, Otho Burton, Jesse Robinson, Marilyn Latson, Frederick Fleming on 5/30/02 (sec) (Entered: 05/21/2002)

RE-NOTICE by plaintiff all plaintiffs to take deposition of representative of defendants City of Jackson and MS Police Department on 5/24/02. (sec) (Entered: 05/21/2002)

Minute entry: hearing on settlement conference before Magistrate Judge Nicols on 5/20/02, Jackson,MS. Action Taken: case not resolved. (sec) (Entered: 05/22/2002)

RETURN of SUBPOENA executed 5/22/02 as to Marilyn Hetrick (sec) (Entered: 05/24/2002)

RETURN of SUBPOENA executed 5/22/02 as to Joyce Scott (sec) (Entered: 05/24/2002)

NOTICE by all plaintiffs to take deposition of Bracy Coleman, Cherlyn Miller on 5/30/02 (sec) (Entered: 05/28/2002)

RETURN of SUBPOENA executed 5/23/02 as to Dr. George Terry (sec) (Entered: 05/28/2002)

RE-NOTICE by plaintiff all plaintiffs to take deposition of Linda Taylor, Otho Burton, Jesse Robinson, Marilyn Latson,Frederick Fleming, Bracy Coleman, Cherlyn Miller, on 5/31/02 and Dr. George Terry on 6/3/02 (sec) (Entered: 05/31/2002)

RETURN of SUBPOENA executed5/30/02 as to Bracy Coleman. (sec) (Entered: 06/04/2002)

Notice of Service of Response by plaintiffs to Combined Interrogatories and Request to Production of Documents (sec) (Entered: 06/07/2002)

Notice of Service of Third Supplemental Pre-Discovery Disclosure by plaintiff all plaintiffs (sec) (Entered: 06/07/2002)

MOTION by plaintiff all plaintiffs for Sanctions, for Default Judgment, and for Attorney Fees (sec) (Entered: 06/10/2002)

MOTION by plaintiff all plaintiffs to Strike portions of defendants' expert witnesses reports and tetimony (sec) (Entered: 06/10/2002)

MOTION by defendant City of Jackson, defendant Jackson Police Dept. for Summary Judgment (sec) Modified on 06/10/2002 (Entered: 06/10/2002)

Letter requesting Attachment(Exhibit-7) by City of Jackson, Jackson Police Dept. to [55-1] motion for Summary Judgment by defendants (sec) (Entered: 06/12/2002)

MOTION by plaintiff all plaintiffs to Extend Time to respond to motion for summary judgmemt. (sec) (Entered: 06/26/2002)

ORDER granting [57-1] motion to Extend Time, Response to Motion reset to 7/8/02 for [55-1] motion for Summary Judgment ( signed by Judge William H. Barbour Jr. ); copies mailed. (sec) (Entered: 07/01/2002)

MOTION by defendant City of Jackson, defendant Jackson Police Dept. to Extend Time (sec) (Entered: 07/01/2002)

ORDER granting [59-1] motion to Extend Time, Response to Motion reset to 7/10/02 for [54-1] motion to Strike, reset to 7/10/02 for [53-1] motion for Sanctions, reset to 7/10/02 for [53-2] motion for Default Judgment, reset to 7/10/02 for [53-3] motion for Attorney Fees ( signed by Judge William H. Barbour Jr. ); copies mailed. (sec) (Entered: 07/03/2002)

MOTION by all plaintiffs to Extend Time to respond to Motion for Summary Judgment (sec) (Entered: 07/08/2002)

ORDER granting [61-1] motion to Extend Time to respond to Motion for Summary Judgment, Response to Motion reset to 7/10/02 for [55-1] motion for Summary Judgment ( signed by Judge William H. Barbour Jr. ); copies mailed. (sec) (Entered: 07/08/2002)

RESPONSE by defendant City of Jackson, defendant Jackson Police Dept. to [53-1] motion for Sanctions by plaintiff, [53-2] motion for Default Judgment by plaintiff, [53-3] motion for Attorney Fees by plaintiff (sec) (Entered: 07/11/2002)

RESPONSE by defendant City of Jackson, defendant Jackson Police Dept. to [54-1] motion to Strike by plaintiff (sec) (Entered: 07/11/2002)

MOTION by plaintiff all plaintiffs to Strike [56-1] attach by Jackson Police Dept., City of Jackson (sec) (Entered: 07/11/2002)

RESPONSE by plaintiff all plaintiffs in opposition to [55-1] motion for Summary Judgment by defendants (sec) (Entered: 07/11/2002)

Letter requesting attachment by defendant City of Jackson, defendant Jackson Police Dept., re that Exh. 4 be attached to their (67-1) Response. (cwl) (Entered: 07/12/2002)

Letter requesting attachment by defendant City of Jackson, defendant Jackson Police Dept., re that Exh. 1,2,3,6,7, and 9 be attached to their (68-1) Response to plaintiffs' Motion for Sanctions, etc. (cwl) (Entered: 07/12/2002)

MOTION by all plaintiffs to Strike Memorandum Brief in Support of defendants' response to plaintiffs' Motion for Sanction, a Default Judgment, Attorneys' fees and expenses, expert witness fees and a continuance and to reply on said brief's assertions in support of plaintiffs' motion for sanctions, a default judgment, attorneys' fees and expenses, expert witness fees and a continuance (sec) (Entered: 07/22/2002)

REBUTTAL by plaintiff all plaintiffs to [63-1] motion response by defendants (sec) (Entered: 07/22/2002)

MOTION by defendant City of Jackson, defendant Jackson Police Dept. to Extend Time to reply to plaintiffs' Response to Motion for Summary Judgment and Reply Memorandum (sec) (Entered: 07/22/2002)

ORDER granting [71-1] motion to Extend Time, Reply to Response to Motion reset to 7/29/02 for [55-1] motion for Summary Judgment, and Response to Motion reset to 7/29/02 for [65-1] motion to Strike [56-1] attach by Jackson Police Dept., City of Jackson and Memorandum Brief in support thereof ( signed by Judge William H. Barbour Jr. ); copies mailed. (sec) (Entered: 07/29/2002)

RESPONSE by defendant City of Jackson, defendant Jackson Police Dept. to [65-1] motion to Strike [56-1] attach by Jackson Police Dept., City of Jackson by plaintiff (sec) (Entered: 07/30/2002)

REPLY by defendant City of Jackson, defendant Jackson Police Dept. in support of [55-1] motion for Summary Judgment by defendants (sec) (Entered: 07/30/2002)

RESPONSE by defendant City of Jackson, defendant Jackson Police Dept. to [69-1] motion to Strike by plaintiff (sec) (Entered: 08/07/2002)

NOTICE of Attorney Appearance for defendant City of Jackson, defendant Jackson Police Dept. by Samuel L. Begley (sec) (Entered: 09/04/2002)

MEMORANDUM OPINION and ORDER denying [69-1] motion to Strike, denying [65-1] motion to Strike [56-1] attach by Jackson Police Dept., City of Jackson, granting [55-1] motion for Summary Judgment, denying [54-1] motion to Strike, denying [53-1] motion for Sanctions, denying [53-2] motion for Default Judgment, denying [53-3] motion for Attorney Fees ( signed by Judge William H. Barbour Jr. ) ; copies mailed. ob: 2002 page: 2930-2943 (fe) (Entered: 09/10/2002)

JUDGMENT for defendant City of Jackson, defendant Jackson Police Dept. against all plaintiffs and this cause is dismissed with prejudice. ( signed by Judge William H. Barbour Jr. ); copies mailed. ob 2002 page 2944 (fe) (Entered: 09/10/2002)

Case closed (fe)

NOTICE OF APPEAL of [78-1] judgment order, [77-1] order by all plaintiffs . FILING FEE $ 105.00 RECEIPT # 086900 Appeal record due on 10/18/02 (lbt) (Entered: 10/04/2002)

Notice of Appeal and certified copy of docket to USCA: [79-1] appeal by all plaintiffs (lbt)

Transcript Order Form mailed to Dennis Horn, Attorney. (lbt)

Transcript Order Form - No Hearings (lbt)

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [79-1] appeal by all plaintiffs (lbt)

USCA Case Number Re: [79-1] appeal by all plaintiffs USCA NUMBER: 02-60850 (lbt)

OPINION of USCA Re: [79-1] appeal by all plaintiffs (sec) (Entered: 12/17/2003)

JUDGMENT OF USCA (certified copy) Re: [79-1] appeal by all plaintiffs; that the judgment of the District Court is affirmed in part and vacated in part, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court; that defendants-appellees pay to plaintiffs-appellants the costs on appeal to be taxed by the Clerk of this Court; (copy to Judge and Magistrate Judge) (sec) (Entered: 12/17/2003)

ORDER OF USCA ( copy) Re: [79-1] appeal by all plaintiffs; the appellant moton for stay Denied. (copy to Judge and Magistrate Judge) (sec) Modified on 12/17/2003 (Entered: 12/17/2003)

USCA's Bill of costs(copy) in the amount of $366.50 (sec) (Entered: 12/17/2003)

USCA's letter stating record/original papers/exhibits to be returned at later date. (sec)

Case reopened (sec)

Record on Appeal returned from U.S. Court of Appeals: [79-1] (5-vols) (sec)

ORDER; that in light of the Opinion rendered by the Fifth Circuit, all parties are ordered to submit to the undersigned in writing, by 1/21/04, their opinions of the current posture of the case, as set out ( signed by Judge William H. Barbour Jr. ); copies mailed. (sec) (Entered: 01/13/2004)

REPORT to [84-1] Order by all plaintiffs, pursuant to Court order of 1/13/04. (sec) (Entered: 01/22/2004)