Case: ACLU of Kentucky v. McCreary County, Kentucky

ACLU v. McCreary County

ACLU of Kentucky v. McCreary County

ACLU v. McCreary County

ACLU v. McCreary County

U.S. Court of Appeals for the Sixth Circuit

ACLU v. McCreary County

U.S. Court of Appeals for the Sixth Circuit

McCreary County v. ACLU

Supreme Court of the United States

McCreary County v. ACLU

Supreme Court of the United States

Harlan County v. McCreary

Supreme Court of the United States

ACLU v. McCreary County

ACLU v. McCreary County, KY

Oyez Project

COMPLAINT (one summons issued) with copy, given to attorney for service of process, Fee Paid $ 150, Receipt No. 082262 (RBB) (Entered: 11/19/1999)

MOTION by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe for preliminary injunction (RBB) (Entered: 11/19/1999)

MEMORANDUM by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe in support of motion for preliminary injunction [2-1] (RBB) (Entered: 11/19/1999)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY to dismiss complaint (RBB) (Entered: 12/22/1999)

MEMORANDUM by defendant Jimmie Greene, defendant McCreary County, KY in support of motion to dismiss complaint [4-1] (RBB) (Entered: 12/22/1999)

ORDER by Judge Jennifer B. Coffman: ORDERED that plfs shall have until 1/23/00 to file a response to dfts' motion to dismiss (cc: all counsel) [EOD Date: 1/6/00] (RBB) (Entered: 01/06/2000)

MOTION by plaintiff, defendant for extension until and including 1/23/00 to respond to dfts' motion to dismiss (NHS) (Entered: 01/12/2000)

SUBMITTED re motion for extension until and including 1/23/00 to respond to dfts' motion to dismiss [7-1] is submitted (NHS)

MOTION by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss; stating dfts consented to additional extension of time (RBB) (Entered: 02/11/2000)

PROPOSED REPLY AND RESPONSE tendered by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe; REPLY IN SUPPORT OF PLF'S MTS FOR PRELIMINARY INJUNCTION AND IN RESPONSE TO DFTS' MOTIONS TO DISMISS (RBB)

SUBMITTED re motion for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss [8-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman: granting plf's motion for leave to file consolidated reply memo in support of their motions for preliminary injunction and in response to dfts' mts to dismiss (cc: all counsel) [EOD Date: 3/2/00] (RBB) (Entered: 03/02/2000)

RESPONSE by plaintiff ACLU of KY, plaintiff Louanne Walker, plaintiff Dave Howe to dfts' motion to dismiss complaint [4-1] (RBB) (Entered: 03/02/2000)

SUBMITTED re motion for preliminary injunction [2-1] is submitted (RBB)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for oral argument (RBB) (Entered: 03/22/2000)

MEMORANDUM by defendant Jimmie Greene, defendant McCreary County, KY in support of motion for oral argument [11-1]; ATTACHMENTS FILED IN SEP. VOL. (RBB) (Entered: 03/22/2000)

SUBMITTED re motion dfts' to dismiss complaint [4-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman: ORDERED that this matter is scheduled for hearing at London on April 20, 2000 at 1:00 p.m. (cc: all counsel) [EOD Date: 3/27/00] (RBB) (Entered: 03/27/2000)

GENERAL MINUTES: before Judge Jennifer B. Coffman; Date(s) 4/20/00; Court Reporter Nathan Perkins; in-court hearing held 4/20/00 ; Laurie Griffith, David Friedman, Kathleen M. Flynn for plfs; Theodore Amshoff, Ronald Ray, Johnnie Turner for dfts; case called for oral argument; taking under advisement the motion to dismiss complaint [4-1], taking under advisement the motion for preliminary injunction [2-1] (cc: all counsel) [EOD Date: 4/21/00] (NHS) (Entered: 04/21/2000)

ORDER by Judge Jennifer B. Coffman: ORDERED that plf's motion to dismiss is DENIED; FURTHER ORDERED that theTen Commandments display shall be removed from the McCreary County Courthouse IMMEDIATELY; FURTHER ORDERED that neither the dft Jimmie Greene nor any other McCreary County Official, acting in their official capacity, shall erect or cause to be erected similar displays w/in McCreary County, KY (cc: all counsel) [EOD Date: 5/5/00] (RBB) (Entered: 05/05/2000)

NOTICE OF APPEAL by defendant Jimmie Greene, defendant McCreary County, KY from Dist. Court ORDER entered 5/5/00 [15-1] (cc: all counsel) (RBB) (Entered: 05/11/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for order staying preliminary injunction during pendency of appeal (RBB) (Entered: 05/11/2000)

MEMORANDUM by dft Jimmie Greene, dft McCreary County, KY in support of motion for order staying preliminary injunction during pendency of appeal [17-1] (RBB) (Entered: 05/11/2000)

RECEIVED re NOTICE OF APPEAL [16-1] fee in amount of $ 105 (Receipt # 083386) (RBB)

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; [16-1] (cc: all counsel) (RBB)

ORDER by Judge Jennifer B. Coffman: ORDERED denying dft's motion for order staying preliminary injunction during pendency of appeal [17-1]; FURTHER ORDERED that plfs need not respond to dfts' mt for a stay (cc: all counsel) [EOD Date: 5/12/00] (RBB) Modified on 05/12/2000 (Entered: 05/12/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for order to stay preliminary inj during pendency of mt to 6CCA for stay pending appeal (RBB) (Entered: 05/18/2000)

------------------------------------------------------ V O L U M E 2 ------------------------------------------------------ (NHS)

ORDER by Judge Jennifer B. Coffman: IT IS SO ORDERED; finding the defts' motion for order to stay preliminary inj during pendency of mt to 6CCA for stay pending appeal [20-1] moot (cc: all counsel) [EOD Date: 5/22/00] (EHM) (Entered: 05/22/2000)

CERTIFIED COPY of 6CCA Order: ORDERED that dfts' mts for stays pending appeal of the preliminary injunctions issued by the district court are DENIED (RBB) (Entered: 05/25/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for additional 20 days to answer complaint (RBB) (Entered: 05/30/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY to withdraw counsel Colonel Ronald Ray and Theodore H. Amshoff, Jr. (RBB) (Entered: 05/30/2000)

NOTIFICATION by 6CCA of Appellate Docket Number 00-5632; Mary Patterson, Case Manager (SKV) (Entered: 05/30/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for attorney ERIK W. STANLEY to appear pro hac vice (RBB) (Entered: 06/07/2000)

MOTION by defendant Jimmie Greene, defendant McCreary County, KY for attorney MATHEW D. STAVER to appear pro hac vice (RBB) (Entered: 06/07/2000)

FEE PAID $ 130, Receipt No. 083469; PHV fee for attorney Staver and Stanley (RBB)

SUBMITTED re motion for attorney MATHEW D. STAVER to appear pro hac vice [27-1], re motion for attorney ERIK W. to appear pro hac vice [26-1], re motion to withdraw counsel Colonel Ronald Ray and Theodore H. Amshoff, Jr. [24-1], re motion for additional 20 days to answer complaint [23-1] is submitted (RBB)

UNOPPOSED MOTION by dft Jimmie Greene, dft McCreary County, KY to extend time to answer to June 14, 2000 (RBB) (Entered: 06/09/2000)

SUBMITTED re dfts' motion to extend time to answer to June 14, 2000 [28-1] (RBB)

ORDER by Judge Jennifer B. Coffman: Defts time to answer complaint of plffs shall be extended to June 14, 2000 [28-1] (cc: all counsel) [EOD Date: 6/13/00] (EHM) (Entered: 06/13/2000)

ANSWER by dft Jimmie Greene, dft McCreary County, KY to COMPLAINT [1-1] (NHS) (Entered: 06/14/2000)

ORDER by Judge Jennifer B. Coffman granting dfts' motion for additional 20 days to answer complaint [23-1] (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

ORDER by Judge Jennifer B. Coffman: ORDERED that Colonel Ronald Ray and Theodore H. Jr. attorney for McCreary County, KY, and Jimmie Greene, are granted lv to w/draw as counsel (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

ORDER by Judge Jennifer B. Coffman granting motion for attorney MATHEW D. STAVER to appear pro hac vice [27-1] defendant Jimmie Greene, defendant McCreary County, KY all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

ORDER by Judge Jennifer B. Coffman granting motion for attorney ERIK W. STANLEY to appear pro hac vice [26-1] for defendants Jimmie Greene and McCreary County, KY (cc: all counsel) [EOD Date: 6/19/00] (RBB) (Entered: 06/19/2000)

MOTION by dfts to clarify the preliminary injunction order dated 5/5/00 (RBB) Modified on 08/23/2000 (Entered: 08/02/2000)

TRANSCRIPT filed of HEARING before JENNIFER B. COFFMAN Date(s) of transcript 4/20/00 @ 1:19 p.m. (RBB) (Entered: 08/23/2000)

RESPONSE by plfs to dfts' motion to clarify the preliminary injunction order dated 5/5/00 [35-1] (RBB) (Entered: 08/23/2000)

SUBMITTED re motion to clarify the preliminary injunction order dated 5/5/00 [35-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman denying motion to clarify the preliminary injunction order dated 5/5/00 (cc: all counsel) [EOD Date: 9/18/00] (RBB) (Entered: 09/18/2000)

CERTIFIED COPY of 6CCA Order: dismissing the appeal [16-1]; upon consideration of appellants' mt to voluntarily dismiss the appeals herein (RBB) (Entered: 10/31/2000)

MOTION by plfs Dave Howe, Louanne Walker, ACLU of KY for order holding dfts in contempt, or in the alternative for supplemental preliminary injunction (RBB) (Entered: 12/08/2000)

MEMORANDUM by plfs Dave Howe, Louanne Walker, ACLU of KY in support of motion for order holding dfts in contempt or in the alternative, for supplemental preliminary injunction [40-2] (RBB) (Entered: 12/08/2000)

NOTICE OF FILING by plfs/appellees, Dave Howe, Louanne Walker, ACLU of RELATED DECISION (RBB) (Entered: 12/15/2000)

NOTICE by plf/appellees, Dave Howe, Louanne Walker, ACLU of KY of UNAVAILABILITY DATES TO ATTEND HEARINGS (RBB) (Entered: 12/15/2000)

RESPONSE by dft Jimmie Greene, McCreary County, KY to mtn for order holding dfts in contempt [40-1], to mtn for supplemental preliminary injunction [40-2] (NHS) (Entered: 12/27/2000)

NOTICE OF FILING by dft Jimmie Greene, McCreary County, KY of affidavit of Judge Jimmie Greene in support of dfts' response to plfs' mtn for contempt, or alternatively, suppl prelim inj (NHS) (Entered: 12/27/2000)

AFFIDAVIT of JIMMIE GREEN re NOTICE OF FILING [45-1], re MEMORANDUM IN OPPOSITION TO PLFS' MTN FOR CONTEMPT or alternatively SUPPL PRELIM INJ [44-1] (NHS) (Entered: 12/27/2000)

SUBMITTED re motion for order holding dfts in contempt [40-1], re motion for supplemental preliminary injunction [40-2] is submitted (NHS)

ORDER by Judge Jennifer B. Coffman: upon court's own mtn; court deems it in best interest of parties to have matter heard in open court; setting hearing on mtn for order holding dfts in contempt [40-1], mtn for suppl prelim inj [40-2] 3/30/01 at 2:00 p.m. in LONDON ; court will further conduct status conf on 3/30/01 at 2:00 p.m. to further establish course of litigation (cc: all counsel) [EOD Date: 1/16/01] (NHS) (Entered: 01/16/2001)

SUPPLEMENTAL AUTHORITY by dfts Jimmie Greene, McCreary County, KY re dft's response (Memorandum In Opposition) to plf's motion for contempt or supplemental preliminary inj [44-1] (RBB) (Entered: 03/23/2001)

------------------------------------------------------ V O L U M E T H R E E ------------------------------------------------------ (RBB)

NOTICE by dfts Jimmie Greene, McCreary County, KY of filing affidavits of DAVID BARTON AND WILLIAM J. FEDERER (RBB) (Entered: 03/28/2001)

AFFIDAVIT of DAVID BARTON (filed by dfts) in support of dfts' response (opposition) to plfs' mt for contempt or for suppl prelimjinary inj; re [40-1], [40-2], [44-1], [48-1] (RBB) (Entered: 03/28/2001)

AFFIDAVIT of WILLIAM J. FEDERER (filed by dfts) in support of dfts' response (Opposition) to plfs' mt for contempt or for supplemental preliminary inj; [40-1], [40-2], [44-1], [48-1] (RBB) (Entered: 03/28/2001)

ORDER by Judge Jennifer B. Coffman hearing held 3/30/01 before Judge Jennifer B. Coffman ; David A. Friedman and Laurie Griffith appeared for plfs; Mathew Staver and Johnnie Turner appeared for dfts; Court Reporter: Nathan Perkins; plfs' mtn for contempt DENIED; pts shall attempt to reach stlmt and notify court by 4/30/01; if pts unable to settle, court will issue ruling on plfs' mtn to supplement prelim inj by 5/15/01; if pts unable to settle, plfs shall file amd cmp no later than 30 days after court's ruling; dfts shall file answer to amd cmp no later than 20 days after cmp amd; discovery ddl 6/14/01; s/j mtns due 11/1/01 ; Case consolidated 6:99-cv-507 with member cases 6:99-cv-508, 6:99-cv-509 (cc: all counsel) [EOD Date: 4/2/01] (NHS) Modified on 04/02/2001 (Entered: 04/02/2001)

REMARK: pursuant to Order filed 4/2/01 [52-1], London Civil Nos. 99-507, 99-508 and 99-509 are consolidated and pursuant to instructions from Chambers, 99-507 is to be lead case and all filings shall be filed in 99-507 (RBB)

MEMORANDUM by dfts Jimmie Greene, McCreary County, KY regarding acceptance of affidavits in opposition to plf's mt for supplemental preliminary injunction; [51-1], [50-1], [48-1], [46-1], [44-1], [40-1] (RBB) (Entered: 04/20/2001)

JOINT MOTION by plfs, dfts, Jimmie Greene, McCreary County, KY, Dave Howe, Louanne Walker, ACLU of KY for enlargement of time to report on settlement negotiations (RBB) (Entered: 05/02/2001)

SUBMITTED re joint motion for enlargement of time to report on settlement negotiations [54-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman granting joint motion for enlargement of time to report on settlement negotiations [54-1]; rpt on status settlement due 5/16/01 (cc: all counsel) [EOD Date: 5/3/01] (NHS) (Entered: 05/03/2001)

NOTICE by dfts Jimmie Greene, McCreary County, KY of Filing REGARDING HISTORICAL DISPLAYS (RBB) (Entered: 05/16/2001)

STATUS REPORT by plfs Dave Howe, Louanne Walker, ACLU of KY; stating parties are unable to settle (RBB) (Entered: 05/21/2001)

MOTION by plfs Dave Howe, Louanne Walker, ACLU of KY to strike affidavits of David Barton and William J. Federer, or in the alternative, for for the Court to defer consideration of these affidavits until it decides the merits of the case (RBB) (Entered: 05/30/2001)

RESPONSE by dfts, Jimmie Greene, McCreary County, KY to plfs' motion to strike affidavits of David Barton and William J. Federer [58-1], or in the alternative to defer consideration of hte affidavits [58-2] (RBB) (Entered: 06/07/2001)

REPLY by plfs, Dave Howe, Louanne Walker, ACLU of KY to dfts' response to plfs' motion to strike affidavits of David Barton and William J. Federer [58-1] (RBB) (Entered: 06/22/2001)

ORDER by Judge Jennifer B. Coffman: ORDERED plfs' motion to extend the prliminary injunction to the current displays is GRANTED; ORDERED that the displays shall be removed from the McCreary and Pulaski County courthouses and from the Harlan County schools IMMEDIATELY; ORDERED the parties shall submit joint written status reports no later than July 23, 2001, advising court whether they wish order to be the final judgment in this case (cc: all counsel) [EOD Date: 6/22/01] (RBB) (Entered: 06/22/2001)

SUBMITTED re motion to strike affidavits of David Barton and William J. Federer [58-1], re motion for for the Court to defer consideration of these affidavits until it decides the merits of the case [58-2] is submitted (RBB)

CONSOLIDATED NOTICE OF APPEAL by dfts Jimmie Greene, McCreary County, KY from US District Court decision dated and filed June 22, 2001 (ORDER) [61-1] (cc: all counsel) (RBB) (Entered: 07/19/2001)

RECEIVED re NOTICE OF APPEAL [62-1] fee in amt of $ 105 (Receipt # 089971) (RBB)

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; in 6:99-cv-00507; (consolidated w/ 6:99-cv-508; 6:99-cv-509) (cc: all counsel) (RBB)

AMENDED COMPLAINT [1-1] by plfs Dave Howe, Louanne Walker, ACLU of KY, Jane Doe(s), John Doe(s), Jane/John Doe(s), Lawrence Durham, Paul Lee (RBB) (Entered: 07/24/2001)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 3/31/01 re: transcript [36-1]; and entire hearing on plf's motion for supplemental preliminary injunction (RBB) (Entered: 07/27/2001)

MOTION by dfts, plfs for leave to file late joint status report (RBB) (Entered: 08/06/2001)

PROPOSED JOINT STATUS REPORT tendered by dfts, plfs (RBB)

NOTIFICATION by 6CCA of Appellate Docket Number 01-5935; Case Manager - Mary Patterson (RBB) (Entered: 08/06/2001)

SUBMITTED re joint motion for leave to file late joint status report [65-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman granting parties joint motion for leave to file late joint status report [65-1] (cc: all counsel) [EOD Date: 8/10/01] (RBB) (Entered: 08/10/2001)

JOINT STATUS REPORT by parties (Constured motion for discovery, construed motion for stay of action, pursuant to Order filed 9/10/01 DE#;72) (RBB) Modified on 09/11/2001 (Entered: 08/10/2001)

--------------------------------------------------------- V O U M E F O U R ------------------------------------------------------ (RBB) Modified on 08/10/2001

ANSWER by dfts Jimmie Greene, McCreary County, KY, Harlan Cty Sch Dist, Don Musselman, Pulaski County, KY, Darrell Beshears to Consolidated Amended Complaint [63-1] (RBB) (Entered: 08/15/2001)

AMENDED ANSWER TO CONSOLIDATED AMENDED COMPLAINT [69-1] by defendants (RBB) (Entered: 08/21/2001)

TRANSCRIPT filed of HEARING before JUDGE JENNIFER B. COFFMAN Date(s) of transcript 3/30/01 Ct. Rptr. Nathan F. Perkins (RBB) (Entered: 09/06/2001)

ORDER by Judge Jennifer B. Coffman: matter before court on motion 58 by plfs to strike certain affidavits until after ruling on suppl preliminary injunction, and also upon the joint status report submitted by parties [68-1]; ORDERED motion of plfs regarding affidavits is GRANTED in PART, as it requests this court to defer consideration of the affidavits until after ruling on the suppl preliminary inj, as the court stated in order granting the suppl preliminary inj that it was not commenting on the truth of the dfts' assertion of the Ten Commandments as a foundational document [61 n. 15), court views this statement as an implicit ruling on the plfs' motion; therefore, this clarification does nothing to alter the status quo w/ regard to the suppl preliminary inj, which is currently being appealed to the Sixth Circuit; FURTHER ORDERED that as the court construes the plfs' statment of position in the joint status report as a motion for discovery, the plfs are hereby directed to file, w/in 15 days of the date of entry of this order, a memo in support of this mt, indicating the purpose of requested discovery and a proposed timeline for the resolution of this case on its merits; response and reply times shall be governed by the local rules; plfs' response to this motion shall also include a proposed timeline for the resolution of this case on its merits; FURTHER ORDERED that, as the court construes the defendants' statement of the position in the joint status report as a motion to stay this action pending resolution of their appeal of the supplemental preliminary inj, the dfts are hereby directed to file, w/in 15 days of the entry of this order, a memo in support of this motion, specifying the grounds therefo, response and reply times shall be governed by the local rules (cc: all counsel) [EOD Date: 9/11/01] (RBB) (Entered: 09/11/2001)

MOTION by plfs to modify the litigation schedule by extending the discovery ddl from 9/18/01 thru 10/31/01 (RBB) (Entered: 09/13/2001)

SUBMITTED re motion to modify the litigation schedule by extending the discovery ddl from 9/18/01 thru 10/31/01 [73-1] is submitted (RBB)

MEMORANDUM by plfs in support of Motion For Discovery [68-1]; (status report [68-1] construed as mt for discovery pursuant to Order [72-1]) (RBB) (Entered: 10/04/2001)

MEMORANDUM by dfts in support of dfts' motion to stay proceedings pending resolution of appeal to 6CCA [68-1] ; (status report [68-1] is constured as motion to stay pursuant to order [72-1]) (RBB) (Entered: 10/04/2001)

RESPONSE by plfs to dfts' motion to stay (STATUS REPORT) [68-1] (RBB) (Entered: 10/18/2001)

RESPONSE (MEMORANDUM IN OPPOSITION) by dfts to plf's motion for discovery [75-1], to [73-1] (RBB) (Entered: 10/18/2001)