Case: Wilkins v. Aberdeen Enterprises

4:17-cv-00606 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Nov. 2, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 2, 2017, individuals facing arrest because of their inability to pay their court fines and costs filed this putative class-action lawsuit in the U.S. District Court for the Northern District of Oklahoma. The plaintiffs sued the Oklahoma Sheriff’s Association, every Oklahoma county sheriff, and Aberdeen Enterprises, a private collections company. The plaintiffs sued under the Racketeer Influenced and Corrupt Organizations Act (RICO), 42 U.S.C. § 1983, and Oklahoma state law. The plaintiff, represented by Civil Rights Corps, the Institute for Constitutional Advocacy and Protection at Georgetown Law, and private counsel, sought preliminary and permanent injunctive relief, declaratory relief, compensatory and punitive damages, and attorney’s fees and costs. The plaintiffs also asked the court to certify the class as all people living in poverty, found to be indigent by the Courts of Oklahoma Counties, who were victims of an extortion scheme by defendants.

Specifically, the lawsuit alleged that Aberdeen Enterprise on behalf of, and in concert with, the Oklahoma Sheriff's Association, violated RICO by operating an extortion scheme targeting indigent individuals who have been assessed fines in criminal and traffic court in Oklahoma. The plaintiffs claimed that the defendants, motivated by a desire to extort, threatened plaintiffs that if they did not pay money to Aberdeen, they would have a warrant issued, be arrested, face testimony from Aberdeen about non-payment, face additional fees, and be sent to jail. According to the complaint, fines collected were split between Aberdeen and the Sheriff's Association, and this scheme made the Sheriff's Association $829,075 in 2016 alone. Plaintiffs claimed that the policies of keeping debtors in jail and placing them on onerous probation supervision solely because of their wealth status and inability to pay violated the Equal Protection and Due Process Clauses, as well as the Fourth Amendment. Additionally, plaintiffs alleged abuse of process by Aberdeen in using the justice system to accomplish ulterior motives in the form of profiting at the expense of these individuals.

Aberdeen Enterprises filed a motion to dismiss on January 8, 2018, but the motion was denied as moot after plaintiffs filed an amended complaint on February 1, 2018. In the amended complaint, six new plaintiffs joined the suit, some county sheriffs were dropped as defendants, and the additional allegations focused on the collections systems in Tulsa and Rogers counties. Two of the plaintiffs also sought preliminary injunctions to prevent Tulsa and Rogers Counties from jailing them for unpaid court debts.

By the end of March 2018, all defendants filed motions to dismiss. The plaintiffs responded by seeking leave to amend the complaint for a second time. On March 26, 2018, the court found good cause to delay starting discovery until the motions for preliminary injunctions and motions to dismiss were resolved.

On September 20, 2018, the court granted the plaintiffs' motion to amend the complaint and denied the motions to dismiss as moot. The second amended complaint clarified certain allegations in response to the motions to dismiss, added the allegation that Tulsa County stopped using Aberdeen when the lawsuit was filed, and added an additional plaintiff. The defendants subsequently filed new motions to dismiss. Throughout the end of 2018 and 2019, the parties engaged in briefing on the motions to dismiss and for preliminary injunctions.

On August 24, 2020, the plaintiffs filed a motion to open discovery. In response, the defendants urged the court to delay the opening of discovery pending the resolution of the plaintiff's motions for preliminary injunctions and future motions to dismiss by the defendants. On August 26, 2020, the court lifted the stay on discovery, but on September 11, 2020, the court granted the defendant's motion to reconsider. The court then referred the motions for a preliminary injunction to Magistrate Judge Jodi F. Jayne on September 26, 2020.

The district court granted defendants' motion to dismiss on March 12, 2021, mooting plaintiffs' motions to open discovery and enter a preliminary injunction. The court's dismissal was based on three doctrines that limit federal review of state matters: the Rooker-Feldman, Younger, and Heck doctrines. Rooker-Feldman precludes lower federal courts from exercising appellate jurisdiction over final state-court judgments. Here, Rooker-Feldman precluded the district court from reviewing Oklahoma's assessment of costs and fines as part of the criminal sentences imposed. Next, the Younger legal doctrine precludes lower federal courts from interfering with pending state court proceedings except under extraordinary circumstances. Here, several of the plaintiff's cases were on-going because they were either sentenced or agreed to pay these sums as part of their sentence, so review was improper. Finally, under Heck, § 1983 doesn't recognize claims for allegedly unconstitutional convictions until they have been invalidated. Here, granting plaintiffs' their requested relief would invalidate a portion of their sentence, and therefore this suit was barred under Heck. Under these doctrine's, the district court lacked subject matter jurisdiction to hear this case.

The plaintiffs appealed, asserting that none of the doctrines identified by the district court deprived federal courts of the ability to reach the merits of the claims set out in the SACAC. On April 10, 2023 the Tenth Circuit agreed that the district court erred in dismissing the SACAC on the basis of Rooker-Feldman, Younger, and/or Heck and reversed the order and remanded the case back to the district court for further proceedings.

On January 31, 2024 the case was reassigned to Judge John D. Russell.

As of March 29, 2024 the case is ongoing.

Summary Authors

Michael Cronin (2/5/2021)

Jordan Katz (4/8/2022)

Nina Leeds (3/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6386385/parties/wilkins-v-aberdeen-enterprizes-ii-inc/

Judge(s)

Attorney for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Calambokidis, Shelby (Oklahoma)

Attorney for Defendant

Applegate, Robert Earl (Oklahoma)

Berkhouse, Jordan L. (Oklahoma)

Betts, Robert Lamar (Oklahoma)

Expert/Monitor/Master/Other

Judge(s)

Jayne, Jodi F. (Oklahoma)

Kern, Terence C. (Oklahoma)

Attorney for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Calambokidis, Shelby (Oklahoma)

Downer, Ryan Chasce (District of Columbia)

Hubbard, Katherine (District of Columbia)

Israni, Ellora Thadaney (Oklahoma)

Karakatsanis, Alexander (Oklahoma)

Karakatsanis, Alec (District of Columbia)

Laurenceau, Leonard J. (Oklahoma)

Letter, Douglas (District of Columbia)

Lopez, Marco Antonio (District of Columbia)

McCord, Mary B. (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Practice), Jill Elizabeth (Oklahoma)

Rossi, Elizabeth Anne (District of Columbia)

Smolen, Donald Eugene (Oklahoma)

Smolen, Daniel E (Oklahoma)

Smolen, Molly (California)

Wayne, Seth (District of Columbia)

Webb, Jill Elizabeth (Oklahoma)

Attorney for Defendant

Applegate, Robert Earl (Oklahoma)

Berkhouse, Jordan L. (Oklahoma)

Betts, Robert Lamar (Oklahoma)

Chilcoat, Kelsey Ann (Oklahoma)

Ellis, Isaac Robertson (Oklahoma)

Etherington, Aaron (Oklahoma)

Free, Matthew Benjamin (Oklahoma)

Freeman-Burney, Melodie (Oklahoma)

Hall, Kimberly Majors (Oklahoma)

Hancock, Nicholaus Adam (Oklahoma)

Heggy, Rodney J (Oklahoma)

Hendrickson, Jeffrey Calvin (Oklahoma)

James, Robert Dale (Oklahoma)

Jeter, Jo Lynn (Oklahoma)

Jones, William Caleb (Oklahoma)

Jr, Robert P (Oklahoma)

Kelso, April Danielle (Oklahoma)

Kosmider, Emily Brooks (Oklahoma)

Lafferrandre, Robert Stevens (Oklahoma)

Lawson, Stefanie E. (Oklahoma)

LeBlanc, Thomas Adrian (Oklahoma)

Ogle, Jesse (Oklahoma)

Parker, David Graham (Oklahoma)

Parrish, Harry Anthony (Oklahoma)

Powers, Barrett Lynn (Oklahoma)

Remillard, Carri Ann (Oklahoma)

Shouse, Michael (Oklahoma)

Siex, Hunter Marano (Oklahoma)

Struble, Jennifer Lea (Oklahoma)

Wagner, Todd Michael (Oklahoma)

Warzecha, Chris M (Oklahoma)

Wilson, Douglas Allen (Oklahoma)

Wohlgemuth, Joel L. (Oklahoma)

Wood, Scott Boudinot (Oklahoma)

Wood, Randall J (Oklahoma)

Wood, James Randall (California)

Woodard, John R (Oklahoma)

Woods, Maurice Glenn (Oklahoma)

Other

Friedman, Robert D. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:17-cv-00606	Docket [PACER] Wilkins v. Aberdeen Enterprizes II	Jan. 5, 2021	Jan. 5, 2021 Docket
2 4:17-cv-00606	Complaint Wilkins v. Aberdeen Enterprizes II	Nov. 2, 2017	Nov. 2, 2017 Complaint
211 4:17-cv-00606	Opinion and Order Graff v. Aberdeen Enterprizes II	Sept. 20, 2018	Sept. 20, 2018 Order/Opinion 2018 WL 4517468
212 4:17-cv-00606	Second Amended Class Action Complaint Graff v. Aberdeen Enterprizes II	Sept. 21, 2018	Sept. 21, 2018 Complaint
352 4:17-cv-00606	Opinion and Order Graff v. Aberdeen Enterprises, II, Inc.	March 12, 2021	March 12, 2021 Order/Opinion
21-05031	Order Graff v. Aberdeen Enterprizes, II, Inc. U.S. Court of Appeals for the Tenth Circuit	April 10, 2023	April 10, 2023 Order/Opinion 65 F.4th 500

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6386385/wilkins-v-aberdeen-enterprizes-ii-inc/

Last updated April 8, 2026, 5:24 a.m.

ECF Number	Date	Description	Link
1	Nov. 2, 2017	CIVIL COVER SHEET by Ira Lee Wilkins (Smolen, Daniel) (Entered: 11/02/2017)	RECAP
2	Nov. 2, 2017	COMPLAINT with Jury Demand against All Defendants (paid $400 filing fee; receipt number 1085-1843185) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 11/02/2017)	Clearinghouse
3	Jan. 10, 2018	ATTORNEY APPEARANCE by John R Woodard, III on behalf of Aberdeen Enterprizes II, Inc. [Note: Attorney John R Woodard, III added to party Aberdeen Enterprizes II, Inc.(pty:dft).] (Woodard, John) (Entered: 01/10/2018)	RECAP
4	Jan. 10, 2018	ATTORNEY APPEARANCE by Robert Earl Applegate on behalf of Aberdeen Enterprizes II, Inc. [Note: Attorney Robert Earl Applegate added to party Aberdeen Enterprizes II, Inc.(pty:dft).] (Applegate, Robert) (Entered: 01/10/2018)	RECAP
5	Jan. 10, 2018	CORPORATE DISCLOSURE STATEMENT by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/10/2018)	RECAP
6	Jan. 10, 2018	Unopposed MOTION for Leave to Exceed Page Limitation by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/10/2018)	RECAP
7	Jan. 11, 2018	MINUTE ORDER by Judge Claire V Eagan that defendant Aberdeen Enterprizes II, Inc. may file an excess-page motion to dismiss as requested ; granting 6 Motion for Leave to Exceed Page Limitation (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 01/11/2018)	RECAP
8	Jan. 11, 2018	MOTION to Dismiss for Failure to State a Claim by Aberdeen Enterprizes II, Inc. (Applegate, Robert) (Entered: 01/11/2018)	RECAP
9	Jan. 12, 2018	MINUTE ORDER by Judge Claire V Eagan - Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in entering the scheduling order. If necessary, a scheduling order will be entered after ruling on the pending motion to dismiss (Dkt. # 8). (Re: 2 Complaint, 8 MOTION to Dismiss for Failure to State a Claim ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 01/12/2018)	RECAP
	Jan. 12, 2018	MINUTE ORDER by Court Clerk, directing Aberdeen Enterprizes II, Inc. to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk)
	Jan. 12, 2018	Minute Order
10	Jan. 22, 2018	SUMMONS Issued by Court Clerk as to All Defendants (jln, Dpty Clk) (Entered: 01/22/2018)	RECAP
11	Jan. 25, 2018	SUMMONS Returned Executed re: Bryan Jump (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/25/2018)	RECAP
12	Jan. 25, 2018	SUMMONS Returned Executed re: Steve Kelley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/25/2018)	RECAP
13	Jan. 29, 2018	MOTION for Attorney(s) Mary B. McCord, Seth T. Wayne and Robert D. Friedman to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number 1085-1870998) by Ira Lee Wilkins (With attachments) (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
14	Jan. 29, 2018	SUMMONS Returned Executed re: Norman Fisher (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
15	Jan. 29, 2018	SUMMONS Returned Executed re: Joe Lester (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
16	Jan. 29, 2018	SUMMONS Returned Executed re: Bret Bowling (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
17	Jan. 29, 2018	SUMMONS Returned Executed re: Harlan Moore (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
18	Jan. 29, 2018	SUMMONS Returned Executed re: Jesse James (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
19	Jan. 29, 2018	SUMMONS Returned Executed re: Rob Seale (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
20	Jan. 29, 2018	SUMMONS Returned Executed re: Mike Reed (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
21	Jan. 29, 2018	SUMMONS Returned Executed re: Kevin Clardy (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
22	Jan. 29, 2018	SUMMONS Returned Executed re: Kevin Ledbetter (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
23	Jan. 29, 2018	SUMMONS Returned Executed re: Kevin Ledbetter (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) Modified on 1/29/2018- STRICKEN per 35 (srt, Dpty Clk). (Entered: 01/29/2018)	RECAP
24	Jan. 29, 2018	SUMMONS Returned Executed re: Sandy Hadley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
25	Jan. 29, 2018	SUMMONS Returned Executed re: Eddy Rice (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
26	Jan. 29, 2018	SUMMONS Returned Executed re: Eddie Virden (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
27	Jan. 29, 2018	SUMMONS Returned Executed re: Mike Waters (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
28	Jan. 29, 2018	SUMMONS Returned Executed re: R B Hauf (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
29	Jan. 29, 2018	SUMMONS Returned Executed re: B J Hedgecock (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
30	Jan. 29, 2018	SUMMONS Returned Executed re: Scott Walton (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
31	Jan. 29, 2018	SUMMONS Returned Executed re: Larry Lane (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
32	Jan. 29, 2018	SUMMONS Returned Executed re: Chris Elliott (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
33	Jan. 29, 2018	SUMMONS Returned Executed re: Rick Silver (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/29/2018)	RECAP
34	Jan. 29, 2018	ORDER by Judge Claire V Eagan (re Attys Mary B. McCord, Seth T. Wayne, and Robert D. Friedman for plaintiff) ; granting 13 Motion for Admission Pro Hac Vice (RGG, Chambers) (Entered: 01/29/2018)	RECAP
35	Jan. 29, 2018	MINUTE ORDER by Judge Claire V Eagan that the return of service (Dkt. # 23) is stricken as it is a duplicate of Dkt # 22., striking/withdrawing document(s) (Re: 23 Summons Returned Executed ) (Documents Terminated: 23 Summons Returned Executed ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) Modified on 1/29/2018 to correct docket text to reflect #23 is stricken (srt, Dpty Clk). (Entered: 01/29/2018)	RECAP
	Jan. 29, 2018	Notice of Docket Entry Modification
	Jan. 29, 2018	NOTICE of Docket Entry Modification; Error: incorrect ruling was selected: sealing document(s); Correction: Edited docket text to reflect the correct ruling: document stricken (Re: 35 Minute Order,, Sealing Document(s),,, ) (srt, Dpty Clk)
36	Jan. 30, 2018	MOTION for Attorney(s) Katherine Hubbard, Alec Karakatsanis and Elizabeth Rossi to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number 1085-1871591) by Ira Lee Wilkins (With attachments) (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
37	Jan. 30, 2018	SUMMONS Returned Executed re: Jason Ritchie (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
38	Jan. 30, 2018	SUMMONS Returned Executed re: Rick Wallace (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
39	Jan. 30, 2018	SUMMONS Returned Executed re: Tony Head (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
40	Jan. 30, 2018	SUMMONS Returned Executed re: Tony Almaguer (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
41	Jan. 30, 2018	SUMMONS Returned Executed re: Chris West (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
42	Jan. 30, 2018	SUMMONS Returned Executed re: Chris Bryant (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
43	Jan. 30, 2018	SUMMONS Returned Executed re: Kenny Stradley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
44	Jan. 30, 2018	SUMMONS Returned Executed re: Heath Winfrey (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
45	Jan. 30, 2018	SUMMONS Returned Executed re: Clay Sander (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
46	Jan. 30, 2018	SUMMONS Returned Executed re: Jerry Niles (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
47	Jan. 30, 2018	SUMMONS Returned Executed re: Jim Weir (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
48	Jan. 30, 2018	SUMMONS Returned Executed re: Scott Sterling (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
49	Jan. 30, 2018	SUMMONS Returned Executed re: Marcia Maxwell (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
50	Jan. 30, 2018	SUMMONS Returned Executed re: Roger Levick (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
51	Jan. 30, 2018	SUMMONS Returned Executed re: Jeremie Wilson (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
52	Jan. 30, 2018	SUMMONS Returned Executed re: Jon Smith (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
53	Jan. 30, 2018	SUMMONS Returned Executed re: Dennis Banther (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
54	Jan. 30, 2018	SUMMONS Returned Executed re: Damon Devereaux (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
55	Jan. 30, 2018	SUMMONS Returned Executed re: Marty Grisham (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
56	Jan. 30, 2018	SUMMONS Returned Executed re: Darrin Rodgers (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
57	Jan. 30, 2018	SUMMONS Returned Executed re: Danny Cryer (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
58	Jan. 30, 2018	SUMMONS Returned Executed re: Rob Frazier (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
59	Jan. 30, 2018	SUMMONS Returned Executed re: Steven Worley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
60	Jan. 30, 2018	SUMMONS Returned Executed re: P D Taylor (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
61	Jan. 30, 2018	SUMMONS Returned Executed re: Jeremy Floyd (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
62	Jan. 30, 2018	SUMMONS Returned Executed re: Mike Booth (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
63	Jan. 30, 2018	SUMMONS Returned Executed re: Darren Atha (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
64	Jan. 30, 2018	SUMMONS Returned Executed re: Shannon Smith (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
65	Jan. 30, 2018	SUMMONS Returned Executed re: Matt Boley (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
66	Jan. 30, 2018	SUMMONS Returned Executed re: Bobby Whittington (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
67	Jan. 30, 2018	SUMMONS Returned Executed re: Vic Regalado (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
68	Jan. 30, 2018	SUMMONS Returned Executed re: Roger Reeve (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
69	Jan. 30, 2018	SUMMONS Returned Executed re: Rudy Briggs, Jr (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
70	Jan. 30, 2018	SUMMONS Returned Executed re: Kevin Mitchell (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 01/30/2018)	RECAP
71	Jan. 30, 2018	ORDER by Judge Claire V Eagan (re Attys Katherine Hubbard, Alec Karakatsanis, and Elizabeth Rossi for Plaintiff) ; granting 36 Motion for Admission Pro Hac Vice (RGG, Chambers) (Entered: 01/30/2018)	RECAP
72	Jan. 31, 2018	ATTORNEY APPEARANCE by Seth T Wayne on behalf of All Plaintiffs (Wayne, Seth) (Entered: 01/31/2018)	RECAP
73	Jan. 31, 2018	ATTORNEY APPEARANCE by Mary B McCord on behalf of All Plaintiffs (McCord, Mary) (Entered: 01/31/2018)	RECAP
74	Jan. 31, 2018	ATTORNEY APPEARANCE by Robert D Friedman on behalf of All Plaintiffs (Friedman, Robert) (Entered: 01/31/2018)	RECAP
75	Feb. 1, 2018	SUMMONS Returned Executed re: Tra Snider (Re: 2 Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 02/01/2018)	RECAP
76	Feb. 1, 2018	AMENDED COMPLAINT with Jury Demand against All Defendants (Re: 2 Complaint ) by Ira Lee Wilkins (With attachments) (Friedman, Robert) (Entered: 02/01/2018)	RECAP
77	Feb. 1, 2018	MOTION for Preliminary Injunction by Carly Graff, Randy Frazier [Note: Attorney Robert D Friedman added to party Carly Graff(pty:pla), Attorney Robert D Friedman added to party Randy Frazier(pty:pla).] (With attachments) (Friedman, Robert) Modified on 2/2/2018; this is a two-part motion of which only one part was efiled - see Motion for Temporary Restraining Order dkt # 79 (srt, Dpty Clk). (Entered: 02/01/2018) 1 Exhibit Declaration of Carly Graff View on PACER 2 Exhibit Declaration of Randy Frazier View on PACER 3 Exhibit Carly Graff Court Docket View on PACER 4 Exhibit Letter from Aberdeen, Inc. View on PACER 5 Exhibit Declaration of Kailyn Gaines View on PACER 6 Exhibit Randy Frazier Court Dockets View on PACER 7 Exhibit Carly Graff Arrest Warrant View on PACER 8 Proposed Order View on PACER	RECAP
79	Feb. 1, 2018	MOTION for Preliminary Injunction (submitted as dkt # 77 ) by Randy Frazier, Carly Graff (srt, Dpty Clk) Modified on 2/28/2018 to convert event from a Motion for Temporary Restraining Order to a Motion for Preliminary Injunction per 149 (sac-qc, Dpty Clk). (Entered: 02/02/2018)	RECAP
78	Feb. 2, 2018	MOTION for Class Action Certification by Randy Frazier, Carly Graff, Ira Lee Wilkins, David Smith, Kendallia Killman, Linda Meachum, Christopher Choate [Note: Attorney Robert D Friedman added to party David Smith(pty:pla), Attorney Robert D Friedman added to party Kendallia Killman(pty:pla), Attorney Robert D Friedman added to party Linda Meachum(pty:pla), Attorney Robert D Friedman added to party Christopher Choate(pty:pla).] (With attachments) (Friedman, Robert) (Entered: 02/02/2018) 1 Exhibit Declaration of Elizabeth Rossi View on PACER 2 Proposed Order View on PACER	RECAP
80	Feb. 2, 2018	SUMMONS Issued by Court Clerk as to Darlene Bailey, Board of County Commissioners of the County of Rogers, The, Board of County Commissioners of the County of Tulsa, The, Terrell S Crosson, Doug Drummond, Kim Henry, Dawn Moody, William J Musseman, Jr, Don Newberry, Jim D Shofner, Rob Shofner (jln, Dpty Clk) (Entered: 02/02/2018)	RECAP
81	Feb. 2, 2018	ATTORNEY APPEARANCE by Rodney J Heggy on behalf of P D Taylor [Note: Attorney Rodney J Heggy added to party P D Taylor(pty:dft).] (Heggy, Rodney) (Entered: 02/02/2018)	RECAP
82	Feb. 2, 2018	MOTION for Hearing (Re: 77 MOTION for Temporary Restraining Order ) by Randy Frazier, Carly Graff (With attachments) (Friedman, Robert) (Entered: 02/02/2018)	RECAP
	Feb. 2, 2018	Notice of Docket Entry Modification
	Feb. 2, 2018	NOTICE of Docket Entry Modification; Error: this is a two-part motion of which only one part was efiled; Correction: efiled Motion for Temporary Restraining Order at dkt # 79 (Re: 77 MOTION for Injunction - Preliminary) (srt, Dpty Clk)
83	Feb. 5, 2018	ATTORNEY APPEARANCE by Elizabeth Rossi on behalf of All Plaintiffs [Note: Attorney Elizabeth Rossi added to party Christopher Choate(pty:pla), Attorney Elizabeth Rossi added to party Randy Frazier(pty:pla), Attorney Elizabeth Rossi added to party Carly Graff(pty:pla), Attorney Elizabeth Rossi added to party Kendallia Killman(pty:pla), Attorney Elizabeth Rossi added to party Linda Meachum(pty:pla), Attorney Elizabeth Rossi added to party David Smith(pty:pla).] (Rossi, Elizabeth) (Entered: 02/05/2018)	RECAP
84	Feb. 6, 2018	SUMMONS Returned Executed re: Oklahoma Sheriffs' Association (Re: 76 Amended Complaint ) by Ira Lee Wilkins (Smolen, Daniel) (Entered: 02/06/2018)	RECAP
85	Feb. 7, 2018	First MOTION for Leave to Exceed Page Limitation Motions to Dismiss in (1) Official Capacity and (2) Individual Capacity by P D Taylor (Heggy, Rodney) (Entered: 02/07/2018)	RECAP
86	Feb. 7, 2018	MINUTE ORDER by Judge Claire V Eagan that the motion is granted as requested ; granting 85 Motion for Leave to Exceed Page Limitation (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 02/07/2018)	RECAP
87	Feb. 7, 2018	SUMMONS Returned Executed re: Board of County Commissioners of the County of Rogers, The (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier [Note: Attorney Daniel E Smolen added to party Christopher Choate(pty:pla), Attorney Daniel E Smolen added to party Randy Frazier(pty:pla), Attorney Daniel E Smolen added to party Carly Graff(pty:pla), Attorney Daniel E Smolen added to party Kendallia Killman(pty:pla), Attorney Daniel E Smolen added to party Linda Meachum(pty:pla), Attorney Daniel E Smolen added to party David Smith(pty:pla).] (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
88	Feb. 7, 2018	SUMMONS Returned Executed re: Board of County Commissioners of the County of Tulsa, The (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
89	Feb. 7, 2018	SUMMONS Returned Executed re: Darlene Bailey (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
90	Feb. 7, 2018	SUMMONS Returned Executed re: Don Newberry (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
91	Feb. 7, 2018	SUMMONS Returned Executed re: Terrell S Crosson (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
92	Feb. 7, 2018	SUMMONS Returned Executed re: Kim Henry (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
93	Feb. 7, 2018	SUMMONS Returned Executed re: Jim D Shofner (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP
94	Feb. 7, 2018	SUMMONS Returned Executed re: Rob Shofner (Re: 76 Amended Complaint ) by David Smith, Christopher Choate, Carly Graff, Linda Meachum, Ira Lee Wilkins, Kendallia Killman, Randy Frazier (Smolen, Daniel) (Entered: 02/07/2018)	RECAP

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 2, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are all people who were found to be indigent by the courts of Oklahoma and assigned public defenders, who were later issued warrants and/or incarcerated for failure to pay criminal court fines and costs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

County

Numerous County Sheriffs of Oklahoma

Private Entity/Person

Aberdeen Enterprises II

State

Oklahoma Sheriff's Association

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

State law

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

Northern District of Oklahoma 4:17-cv-00606

U.S. Court of Appeals for the Tenth Circuit 21-05031

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Poverty/homelessness

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation

Case Summary of Wilkins v. Aberdeen Enterprises, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17700/ (last updated 3/29/2024).