Case: Chang v. US

1:02-cv-02010 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 15, 2002

Closed Date: June 21, 2016

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Case Summary

On October 15, 2002, undergraduates and law students at Georgetown University who had been arrested at a protest in September 2002, filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the District of Columbia, the D.C. police department, the Fairfax, Virginia sheriff's department, and several individual police officers under 42 U.S.C. § 1983 and Bivens. Represented by a private firm, the plaintiffs asked the court for injunctive and declaratory relief as well as for damages for the injuries that occurred when they were arrested. The plaintiffs claimed that the District of Columbia violated their rights under the First, Fourth, Fifth, Sixth, and Fourteenth Amendments. Specifically, the plaintiffs claimed that the ‘trap and arrest’ method of policing, where police surrounded people and arrested them without giving them an order to disperse, violated the plaintiffs’ due process rights while acting as student journalists and legal observers. They further claimed that the police had not warned them of their Miranda rights or their right to counsel and that they had been subjected to false arrest and false imprisonment.

Several other civil cases were filed at the same time as Chang v. United States. The most important of these was the Barham v. Ramsey class action suit. That lawsuit finally settled in 2015. The plaintiffs in Chang declined to join that class.

On January 15, 2008, Judge Emmet J. Sullivan ordered that the plaintiffs’ arrest records be expunged. On January 30, 2008, the case was stayed as the parties were ordered to engage in the mediation process. On January 7, 2009, the stay was lifted and the pre-trial proceedings continued. There was a great deal of contention over discovery; the plaintiffs filed multiple motions to compel the defendants to release information and two motions to impose sanctions on the defendants for discovery abuses. Judge Sullivan appointed Magistrate Judge John Facciola as Special Master on May 5, 2010, to determine if the defendants had engaged in the destruction of evidence in both this case and the Barham case.

On September 19, 2010, Judge Sullivan released an order granting the defendant’s motion for summary judgement on the plaintiff’s claims for equitable relief, saying that the plaintiffs did not have standing to ask for declaratory and injunctive relief. 738 F.Supp.2d 83. After this order, the trial went on only for damages. Contentious discovery continued until April 2012. After the completion of discovery, the proceedings before Magistrate Judge Facciola continued.

Judge Sullivan stayed the proceedings on December 24, 2013 and the parties returned to mediation on June 4, 2014. On November 4, 2014, Magistrate Judge Facciola released his Report and Recommendation of Law, denying all of the plaintiffs’ motions for sanctions. He called the loss of the evidence on the part of the District of Columbia negligent but not malicious, and denied the plaintiffs’ request for attorney fees. On December 30, 2015, the parties once more returned to mediation.

On April 7, 2016, the parties finally settled. The overall settlement amount was $2,810,000. The plaintiffs were awarded $110k each from the District of Columbia and $5000 each from the federal government; the plaintiffs’ attorneys were awarded $2.35 million to be paid by the District of Columbia.


1:02-cv-02010	Docket [PACER] Chang v. United States	April 7, 2016	April 7, 2016 Docket
1 1:02-cv-02010	Complaint	Oct. 15, 2002	Oct. 15, 2002 Complaint 2002 WL 32934520
41 02-02283 02-02310 03-00767 1:02-cv-02010	Memorandum Opinion and Order	Sept. 12, 2003	Sept. 12, 2003 Order/Opinion 217 F.R.D. 262
42 1:02-cv-02010	Re: Abbate, et. al v. District of Columbia	Sept. 12, 2003	Sept. 12, 2003 Correspondence
67 1:02-cv-02010	Stipulation of Dismissal of Claims of Plaintiffs Franklin Jones, Erika Rusk, and Keri Rasmussen Pursuant Fed. R. Civ. P. 41(a)(1)(ii)	Nov. 24, 2003	Nov. 24, 2003 Settlement Agreement
105 1:02-cv-02010	Stipulation of Dismissal with Prejudice of Claims of Plaintiffs Franklin Jones, Erika Lusk, and Keri Rasmussen Pursuant Fed. R. Civ. P. 41(a)(1)(ii)	April 27, 2004	April 27, 2004 Settlement Agreement
126 1:02-cv-02010	Memorandum Opinion and Order (Denying that Defendants' Motion for Judgment on the Pleadings)	Sept. 17, 2004	Sept. 17, 2004 Order/Opinion 338 F.Supp.2d 20
133 1:02-cv-02010	Complaint (Amended- Third) Chang v. United States of America	Feb. 7, 2005	Feb. 7, 2005 Complaint
144-1 1:02-cv-02010	Offer of Judgment Pursuant to Fed. R. Civ. P. 68	April 21, 2005	April 21, 2005 Settlement Agreement
147 1:02-cv-02010	Consent Order Dismissing Meghan Enright's Claims with Prejudice and Retaining Jurisdiction for Purpose of Enforcing Agreement	May 18, 2005	May 18, 2005 Order/Opinion

ECF Number	Date	Description	Link
	Oct. 15, 2002	SUMMONS (5)Issued as to DISTRICT OF COLUMBIA; METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA; NATIONAL PARK SERVICE; UNITED STATES OF AMERICA and U.S. Attorney General (td, )
1	Oct. 15, 2002	COMPLAINT against all defendants ( Filing fee $150 ). Filed by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (td, ) (Entered: 10/16/2002)	Clearinghouse
2	Oct. 18, 2002	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 10/15/2002, answer due 11/4/2002; METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA served on 10/15/2002, answer due 11/4/2002 (cdw, ) (Entered: 10/22/2002)	RECAP
3	Oct. 18, 2002	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney on 10/15/2002, answer due 12/16/2002 (cdw, ) (Entered: 10/22/2002)	RECAP
6	Oct. 25, 2002	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to NATIONAL PARK SERVICE served on 10/22/2002, answer due 12/23/2002. (cdw, ) (Entered: 10/30/2002)	RECAP
7	Oct. 25, 2002	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General on 10/16/02 (cdw, ) (Entered: 10/30/2002)	RECAP
4	Oct. 29, 2002	ATTORNEY APPEARANCE. (Weinstein, Laurie) (Entered: 10/29/2002)	RECAP
5	Oct. 29, 2002	NOTICE REGARDING TIME TO ANSWER by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA (Weinstein, Laurie) (Entered: 10/29/2002)	RECAP
8	Nov. 7, 2002	Consent MOTION for Extension of Time to File Answer re 1 by DISTRICT OF COLUMBIA, METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Proposed Order)(Becker, Leonard) (Entered: 11/07/2002)	RECAP
	Nov. 14, 2002	ORDER granting Defendants' Consent Motion for Extension of Time to Answer 8, enlarging to and including December 13, 2002. Signed by Judge Emmet G. Sullivan on November 14, 2002. (GK, )
9	Dec. 6, 2002	AMENDED COMPLAINT against all defendants, filed by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI .(td, ) (Entered: 12/09/2002)	RECAP
10	Dec. 13, 2002	MOTION for Extension of Time to File Answer re 9 Amended Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order # 2 memorandum in support)(Becker, Leonard) (Entered: 12/13/2002)	RECAP
11	Dec. 15, 2002	Consent MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA. (Weinstein, Laurie) (Entered: 12/15/2002)	RECAP
	Dec. 16, 2002	ORDER granting 10 Defendants District of Columbia and Metropolitan Police Department Motion for Extension of Time to Answer, granting 11 Defendants United States of America and National Park Service Motion for Extension of Time to Answer or Respond. Signed by Judge Emmet G. Sullivan on December 16, 2002. (lcegs2)
12	Jan. 3, 2003	NOTICE by DISTRICT OF COLUMBIA re 1 Complaint related case (Becker, Leonard) (Entered: 01/03/2003)	RECAP
13	Jan. 16, 2003	MOTION to Dismiss by DISTRICT OF COLUMBIA, METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit Declaration of Stacy Anderson)(Becker, Leonard) (Entered: 01/16/2003)	RECAP
14	Jan. 17, 2003	MOTION to Dismiss Federal Defendants by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Richard Murphy# 2 News Articles 1999# 3 News Articles 2000# 4 Park Police Operations Plan# 5 General Orders# 6 Permits# 7 Permits (50 Years)# 8 News Articles (2002)# 9 Park Police Report)(Weinstein, Laurie) (Entered: 01/17/2003)	RECAP
15	Jan. 23, 2003	MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss, 14 MOTION to Dismiss Federal Defendants by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Attachments: # 1 Proposed Order)(Schwartz, Daniel) (Entered: 01/23/2003)	RECAP
	Jan. 27, 2003	ORDER granting 15 Consent Motion for Extension of Time to File Response as to 13 MOTION to Dismiss, 14 MOTION to Dismiss. Plaintiffs shall file their responses by no later than February 24, 2003. Signed by Judge Emmet G. Sullivan on January 27, 2003. (lcegs2)
16	Jan. 28, 2003	ORDER directing defendants to file a Certificate of Service. Signed by Judge Emmet G. Sullivan on January 28, 2003. (GK, ) (Entered: 01/28/2003)	RECAP
17	Jan. 29, 2003	NOTICE by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA re 16 Order Requiring Filing of Certificate of Service (Weinstein, Laurie) (Entered: 01/29/2003)	RECAP
18	Feb. 11, 2003	ENTERED IN ERROR. . . .Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss, 14 MOTION to Dismiss Federal Defendants by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Schwartz, Daniel) Modified on 2/12/2003 (td, ). (Entered: 02/11/2003)	RECAP
19	Feb. 11, 2003	MOTION for Discovery Schedule (Expedited) and Stay the Time for Plaintiffs' Response to Motions to Dismiss by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Attachments: # 1 # 2 # 3)(Schwartz, Daniel) (Entered: 02/11/2003)	RECAP
20	Feb. 12, 2003	Consent MOTION to Stay re 13 MOTION to Dismiss, 14 MOTION to Dismiss Federal Defendants by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Schwartz, Daniel) (Entered: 02/12/2003)	RECAP
	Feb. 14, 2003	ORDER granting 20 Consent Motion to Stay the time for Plaintiffs'Response to Defendants' Motion to Dismiss. Signed by Judge Emmet G. Sullivan on February 14, 2003. (GK, )
21	Feb. 19, 2003	Memorandum in opposition to motion re 19 pltfs' motn to say response to motn to dismiss filed by DISTRICT OF COLUMBIA. (Becker, Leonard) (Entered: 02/19/2003)	RECAP
22	Feb. 24, 2003	Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Discovery Schedule (Expedited) and Stay the Time for Plaintiffs' Response to Motions to Dismiss by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA. (Weinstein, Laurie) (Entered: 02/24/2003)	RECAP
	Feb. 25, 2003	ORDER granting 22 Motion for Extension of Time to File Response/Reply re 19 MOTION for Discovery Schedule (Expedited) and Stay the Time for Plaintiffs' Response to Motions to Dismiss. Federal defendant's response due by 2/27/2003. Signed by Judge Emmet G. Sullivan on February 25, 2003. (lcegs2)
23	Feb. 26, 2003	Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Discovery Schedule (Expedited) and Stay the Time for Plaintiffs' Response to Motions to Dismiss by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA. (Weinstein, Laurie) (Entered: 02/26/2003)	RECAP
24	Feb. 26, 2003	REPLY in support of motion re 19 filed by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Attachments: # 1 Exhibit A-National Shopmen v. Folger)(Schwartz, Daniel) (Entered: 02/26/2003)	RECAP
25	Feb. 26, 2003	ATTORNEY APPEARANCE. (Badami, Scott) (Entered: 02/26/2003)	RECAP
	March 3, 2003	ORDER granting 23 Motion for Extension of Time to File Response/Reply re 19 MOTION for Discovery Schedule (Expedited) and Stay the Time for Plaintiffs' Response to Motions to Dismiss. Reply due by 3/5/2003. Signed by Judge Emmet G. Sullivan on March 3, 2003.(lcegs2)
	March 5, 2003	Set/Reset Hearings: Status Conference set for 3/19/2003 10:30 AM in Courtroom 1 before Emmet G. Sullivan. (lcegs2)
26	March 5, 2003	Memorandum in opposition to motion re 19 filed by NATIONAL PARK SERVICE, UNITED STATES OF AMERICA. (Weinstein, Laurie) (Entered: 03/05/2003)	RECAP
27	March 5, 2003	ORDER setting status conference and hearing on pending motion for expedited discovery on March 19, 2003 at 10:30 a.m. in Courtroom One. Signed by Judge Emmet G. Sullivan on March 5, 2003. (lcegs2) (Entered: 03/05/2003)	RECAP
28	March 12, 2003	REPLY in support of motion re 19 filed by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI. (Attachments: # 1 Exhibit Exhibit 1)(Badami, Scott) (Entered: 03/12/2003)	RECAP
	March 19, 2003	Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 3/19/2003; case is referred to Magistrate Judge Kay for settlement purposes case 1s temporarily stayed; plaintiff's discovery plan due 3/24/03; defendant's objections due 3/31/03; plaintiff's reply due by 4/2/03; chambers to electronically issue an order. (Court Reporter Jackie Wood, Miller.) (clv, )
	March 19, 2003	CASE REFERRED to Magistrate Judge Alan Kay for settlement. (cp, )
29	March 19, 2003	ORDER referring case to Magistrate Judge Kay for settlement discussions and setting forth instruction to counsel. Signed by Judge Emmet G. Sullivan on March 19, 2003. (lcegs2) (Entered: 03/19/2003)	RECAP
30	March 24, 2003	RESPONSE to Discovery Request from Judge Sullivan's March 19, 2003 Order (Proposed Discovery Plan) by RAYMING CHANG, AMY CHASTAIN, YOUNG CHOI, MEAGHAN ENRIGHT, LEANNE LEE, ELIZABETH L. YOUNG, CHRISTOPHER ZARCONI.(Badami, Scott) (Entered: 03/24/2003)	RECAP

Case: Chang v. US

1:02-cv-02010 | U.S. District Court for the District of District of Columbia

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