Case: Cole v. Memphis

2:13-cv-02117 | U.S. District Court for the Western District of Tennessee

Filed Date: Feb. 25, 2013

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Case Summary

This is a case about a Memphis Police Department (MPD) policy that resulted in the use of excessive force and unlawful arrests. On February 25, 2013, an officer of the MPD and a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filed this class action lawsuit against the City of Memphis and six MPD police officers in the District Court for the Western District of Tennessee. The plaintiffs sued on behalf of themselves and similarly situated persons for violations of their Fourth and Fourteenth Amendment rights under 42 U.S.C. § 1983, as well as for negligence under the Tennessee Governmental Tort Liability Act. Represented by private counsel, the plaintiffs sought compensatory damages, punitive damages, fees and costs, and injunctive relief to stop Memphis from continuing this practice. The case was assigned to Chief Judge Jon McCalla.

The "Beale Street Sweep"

The MPD had a practice known as the "Beale Street Sweep," where it would order all persons to immediately leave the sidewalks of Beale Street, even though there was nothing threatening the safety of the public or MPD police officers. This was typically early on Saturday and Sunday mornings, or during weekday entertainment events. The complaint stated that Memphis knew this incited hostile behavior among its police officers. The complaint additionally alleged that in the course of implementing this policy, the MPD assaulted, employed excessive force against, unlawfully detained and arrested, and fabricated criminal charges against numerous innocent people in an attempt to conceal their own unlawful conduct.

The first plaintiff, an off-duty MPD officer, alleges that he was assaulted by the MPD while eating pizza outside of a club. Several MPD officers approached him, shouting "didn't we tell you to get off the street?" (the complaint claims he was not previously told this). The complaint goes on to say the police "viciously attack[ed]" him, slamming his body into a police vehicle with enough force to dent it, arresting him, and preparing fabricated charges against him. The MPD dismissed the charges shortly after.

The other plaintiff, an off-duty ATF agent, was arrested after failing to gain entry to a club. The MPD confronted him and a family member after they were turned away, then arrested him for public intoxication. The complaint emphasizes that he was at no point intoxicated, and he was released immediately after his supervisor arrived on the scene.

Both of these events occurred during Beale Street Sweeps. Plaintiffs claimed the sweeps violated their Fourteenth Amendment right to "to remain in a public place with no apparent purpose and to travel locally through public spaces and roadways," as well as their Fourth Amendment right against excessive force and unreasonable seizure.

On April 4, 2013, two of the defendant officers moved to dismiss. Another followed suit on May 16, and another on May 31.

On June 4, 2013, Judge McCalla granted the first motion in part, dismissing the Fourteenth Amendment claim against the defendant on the grounds that his actions would more properly be analyzed under the Fourth Amendment. The Court denied, however, that plaintiffs had failed to state a claim. He granted the other two motions on the same grounds on June 6 and July 10.

The Court Grants Class Certification

On November 27, 2013, plaintiffs moved for class certification. After 10 months of heated discovery, the Court granted class certification under Rule 23(b)(2) on September 29, 2014. He allowed plaintiffs' definition of the class as "[a]ll persons who have been unlawfully removed from Beale Street and/or adjacent sidewalks by City of Memphis police officers pursuant to the custom, policy and practice known as the Beale Street Sweep." 2014 WL 8508560.

The Court Mostly Denies Summary Judgment for the Defendants

Both parties subsequently moved for summary judgment on October 27, 2014. That same day, the plaintiffs voluntarily dismissed their claims against the individual MPD officers, leaving the City of Memphis as the lone defendant.

Judge McCalla granted in part the city's motion for summary judgment on January 18, 2015. 97 F.Supp.3d 947 (2015 WL 1567824). The plaintiffs had previously conceded that the record and case law did not support their claims for failure to train, investigate or discipline; negligence under the Governmental Tort Liability Act; and punitive damages. Consequently, Judge McCalla granted the motion for the defendant on those claims. However, he denied summary judgment against the plaintiffs on their Fourth and Fourteenth Amendment claims as well as their municipal liability claims. He found that the plaintiffs had a Fourteenth Amendment right to travel that was potentially violated prior to their seizure. Additionally, genuine questions of fact remained on whether their Fourth Amendment rights had been violated and on whether the city was generally liable.

A Jury Returns a Verdict for the Plaintiffs

A jury trial began two days later on January 20, 2015. The jury returned a verdict for one of the individual plaintiffs (the MPD officer) but not the other (the ATF agent). In regards to the class, the jury found that: (1) Memphis had “through its police officers, carried out a custom and/or well-established practice...of preventing persons from standing and/or walking on the sidewalk or street of Beale Street;" (2) this well-established practice “occur[ed] without consideration to whether conditions throughout the Beale Street area pose an existing, imminent or immediate threat to public safety;” (3) this was “the cause of persons being prevented from standing and/or walking on the sidewalk or street of Beale Street;” and (4) “since at least 2007, thousands of persons were cleared off of Beale Street pursuant to” that practice.

On February 13, 2015, Memphis moved to decertify the class on the basis that class membership was "unascertainable without a full adjudication on the merits of each potential member's claim." The Court denied this motion on May 28, though it granted a modification to the class definition by defining what the "Beale Street Sweep" was. 2015 WL 3442277. Simultaneously, it denied plaintiffs' October 27 motion for summary judgment.

The Court Enters Judgment for the Plaintiffs and Grants the Injunction

On June 3, 2015, Judge McCalla entered judgment for the plaintiffs and granted declaratory and injunctive relief. 108 F.Supp.3d 593 (2015 WL 3507110). The Court declared that "since at least 2007, the City of Memphis violated the constitutional rights of thousands of persons who were subjected to 'the Beale Street Sweep,' that is, 'the policy, procedure, custom, or practice by which police officers of the Memphis Police Department order all persons to immediately leave the sidewalks and street on Beale Street without consideration to whether conditions throughout the Beale Street area pose an existing, imminent or immediate threat to public safety.'" The Court also permanently enjoined the city from engaging in the Beale Street Sweep, issuing several instructions as orders to ensure it would not happen. The Court further determined that a monitor would be appointed to observe and report on the MPD's progress for one year after appointment.

Memphis Appeals and the Court Grants Fees to Plaintiffs

On July 6, 2015, Memphis appealed the Court's injunctive order, as well as the jury's verdict, the Court's earlier ruling on summary judgment, and the Court's granting of class certification, to the Sixth Circuit.

On August 27, 2015, Judge McCalla granted attorneys' fees, reimbursement of expenses, entry of judgment, and post-judgment interest to the plaintiffs. 2015 WL 5076974.

Memphis Appeals Again and the Court Stays the Judgment

On September 11, 2015, Memphis filed notice of a new appeal to the Sixth Circuit of the August order and judgment. It also moved to stay the injunction, declaratory order, judgment, and monetary relief pending resolution by the Sixth Circuit. The court granted the motion in part on October 28, allowing a stay of the judgment and monetary damages, but denying a stay of the injunctive and declaratory relief.

The Sixth Circuit Denies the Appeals

A Sixth Circuit panel consisting of Circuit Judges Julia Gibbons, Bernice Donald, and Richard Griffin heard oral arguments for both appeals concurrently on June 14, 2016. On October 17, 2016, Judge Gibbons delivered an opinion joined by Judge Donald and joined in part by Judge Griffin (who also filed an opinion concurring in part and dissenting in part). She first held that plaintiffs' Fourteenth Amendment right was violated, and that it should be subject to intermediate scrutiny. Even though it was subject to strict scrutiny in the District Court, that was a "harmless error" (this was the only part on which the dissenting in part opinion disagreed). Next, Judge Gibbons found that there was no abuse of discretion in certifying the class of people subject to the Beale Street Sweep. Although Memphis had claimed "ascertainability" was a requirement for class certification, Judge Gibbons held that, in this case, the "precise identity of each class member need not be ascertained." Finally, she addressed the City's claim that there was "insufficient evidence" that the Beale Street Sweep was the "moving force" behind the plaintiffs' arrest. She pointed out that Memphis had failed to preserve this issue procedurally, but even if it had, it would fail on the merits because there was sufficient evidence. 839 F.3d 530 (2016 WL 6068911).

On October 31, 2016, Memphis petitioned for a rehearing by the Sixth Circuit en banc. The petition was denied on January 4, 2017, and the Sixth Circuit issued a mandate on January 12.

The District Court Lifts the Stay of the Judgment

Back in the District Court, the plaintiffs moved to lift the stay of judgment and moved for additional attorneys' fees and post-judgment interest on January 25, 2017. The Court granted the motion to lift the stay on February 28, 2017, holding that it lacked the authority to stay the mandate of the Court of Appeals. But it held off on granting the motion for supplemental fees, instead ordering Memphis to file a response. 2017 WL 782929.

Memphis Appeals Yet Again, Unsuccessfully

Undeterred, Memphis appealed the District Court's order on March 16, 2017. It also filed a petition for a writ of certiorari from the Supreme Court on April 7, 2017, hoping to obtain review of the Sixth Circuit's October 17 decision affirming the District Court's judgment.

The Supreme Court denied the City's petition on June 7, 2017. Memphis then voluntarily dismissed its appeal to the Sixth Circuit on June 13.

The Court Grants Supplemental Fees

On July 31, 2017, the Court entered an order taxing costs, indicating that the parties had come to an agreement on expenses. On August 4, 2017, Judge McCalla issued an order and judgment granting attorneys' fees, enhancements of those fees, and post-judgment interest to the plaintiffs.

As of April 10, 2021, there is no indication that Memphis has not adhered to the injunction or paid the fees. The case is likely not ongoing.

Summary Authors

Jack Kanarek (4/10/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5338314/parties/lakendus-cole-v-city-of-memphis-tennessee/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Bearman, Leo Maurice Jr. (Tennessee)

Busey, Zachary B (Tennessee)

Davis, Barbaralette G (Tennessee)

Fletcher, J Michael (Tennessee)

Godwin, Deborah E. (Tennessee)

Judge(s)

McCalla, Jon Phipps (Tennessee)

Vescovo, Diane K. (Tennessee)

Attorney for Plaintiff

Meredith, Bryan (Tennessee)

Spence, Robert L. J. Jr. (Tennessee)

Whitwell, Emmett Lee (Tennessee)

Attorney for Defendant

Bearman, Leo Maurice Jr. (Tennessee)

Busey, Zachary B (Tennessee)

Davis, Barbaralette G (Tennessee)

Fletcher, J Michael (Tennessee)

Godwin, Deborah E. (Tennessee)

McKinney, Mary Elizabeth (Tennessee)

Patterson, Lori H. (Tennessee)

Ryall, John Michael (Tennessee)

Saleem, Zayid A (Tennessee)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:13-cv-02117 0:15-05999 0:17-05310	Docket [PACER] Cole v. City Of Memphis	Oct. 28, 2018	Oct. 28, 2018 Docket
1 & 1-1 2:13-cv-02117	Class Action Complaint for Damages, Complaint for Damages for Deprivation of Constitutional Rights and Injunctive Relief Cole v. City of Memphis	Feb. 25, 2013	Feb. 25, 2013 Complaint
22 2:13-cv-02117	Order Granting in Part and Denying in Part Defendants Robert Forbert and John Faircloth's Motion to Dismiss Cole v. City of Memphis	June 4, 2013	June 4, 2013 Order/Opinion 2013 WL 2443242
88 2:13-cv-02117	Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification Cole v. City of Memphis	Sept. 29, 2014	Sept. 29, 2014 Order/Opinion 2014 WL 8508560
121 2:13-cv-02117	Order Granting in Part and Denying in Part Defendant City of Memphis' Motion for Summary Judgment Cole v. City of Memphis	Jan. 18, 2015	Jan. 18, 2015 Order/Opinion 97 F.Supp.3d 947
160 2:13-cv-02117	Order Denying in Part and Granting in Part Motion of the City of Memphis to Decertify or Modify Class Cole v. City of Memphis	May 28, 2015	May 28, 2015 Order/Opinion 2015 WL 3442277
161 2:13-cv-02117	Order Granting Declaratory and Injunctive Relief Cole v. City of Memphis	June 3, 2015	June 3, 2015 Order/Opinion 108 F.Supp.3d 593
188 2:13-cv-02117	Order Granting Monetary Damages, Prejudgment Interest, Postjudgment Interest, and Attorneys' Fees Cole v. City of Memphis	Aug. 27, 2015	Aug. 27, 2015 Order/Opinion 2015 WL 5076974
250 2:13-cv-02117	Order Granting Motion to Lift Partial Stay of Judgment & Concerning Motion for Supplemental Award of Attorneys' Fees [...]	Feb. 28, 2017	Feb. 28, 2017 Order/Opinion
274 2:13-cv-02117	Order Granting in Part and Denying in Part Motion for Supplemental Award of Attorneys' Fees, Reimbursement of Expenses, and Post-Judgment Interest Cole v. City of Memphis	Aug. 4, 2017	Aug. 4, 2017 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5338314/lakendus-cole-v-city-of-memphis-tennessee/

Last updated April 9, 2026, 5:06 a.m.

ECF Number	Date	Description	Link
1	Feb. 25, 2013	COMPLAINT for Damages and Injunctive Relief for the Deprivation of Constitutional Rights against All Defendants (Filing fee $ 350 receipt number 0651-1649335), filed by Leon Edmond, Lakendus Cole. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Spence, Robert) (Entered: 02/25/2013)	RECAP
2	Feb. 25, 2013	Chief Judge Jon Phipps McCalla and Magistrate Judge Diane K. Vescovo added. (ac) (Entered: 02/25/2013)	RECAP
3	Feb. 25, 2013	Summons Issued as to City of Memphis. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 Summons for Christopher Bing, # 2 Summons for Cari Cooper, # 3 Summons for Samuel Hearn, # 4 Summons for robert Forbert, # 5 Summons for John Faircloth, # 6 Summons for Robert Skelton)(ac) (Entered: 02/25/2013)	RECAP
4	March 29, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to City Of Memphis, Tennessee;. (Spence, Robert) (Entered: 03/29/2013)	RECAP
5	April 2, 2013	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Faircloth, Robert Forbert. (Attachments: # 1 Memorandum In Support of Motion to Dismiss)(McKinney, Mary) (Entered: 04/02/2013)	RECAP
6	April 4, 2013	ANSWER to 1 Complaint, by Cari Cooper.(Godwin, Deborah) (Entered: 04/04/2013)	RECAP
7	April 10, 2013	RESPONSE in Opposition re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 04/10/2013)	RECAP
8	April 11, 2013	ANSWER to 1 Complaint, by City Of Memphis, Tennessee;.(Fletcher, J.) (Entered: 04/11/2013)	RECAP
9	May 3, 2013	SETTING LETTER: Scheduling Conference set for 6/20/2013 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Friday, 6/14/2013. Reminder: FRCP 26(f) requires a 26(f) report to be filed with the court at least seven days before the scheduling conference. If the proposed order is approved and filed and the 26(f) report has been docketed, the conference will be canceled. NOTE: Revised Scheduling Order (Rev. 3/12) form and scheduling conference instructions on Judge Vescovo's page at www.tnwd.uscourts.gov.(crk) (Entered: 05/03/2013)	RECAP
10	May 8, 2013	NOTICE by Lakendus Cole, Leon Edmond of Service of Plaintiffs' First Set of Interrogatories and Request for Production of Documents Propounded to City of Memphis (Spence, Robert) (Entered: 05/08/2013)	RECAP
11	May 9, 2013	NOTICE by Lakendus Cole, Leon Edmond of Service of Second Request for Production of Documents to Defendant City of Memphis (Spence, Robert) (Entered: 05/09/2013)	RECAP
12	May 16, 2013	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christopher Bing. (Attachments: # 1 Memorandum)(McKinney, Mary) (Entered: 05/16/2013)	RECAP
13	May 28, 2013	RESPONSE in Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Christopher Bing filed by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 05/28/2013)	RECAP
14	May 28, 2013	NOTICE of Appearance by John Michael Ryall on behalf of Christopher Bing, Cari Cooper, John Faircloth, Robert Forbert, Samuel Hearn, Robert Skelton (Ryall, John Michael) (Entered: 05/28/2013)	RECAP
15	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to Christopher Bing. (Spence, Robert) (Entered: 05/31/2013)	RECAP
16	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to Cari Cooper. (Spence, Robert) (Entered: 05/31/2013)	RECAP
17	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to John Faircloth. (Spence, Robert) (Entered: 05/31/2013)	RECAP
18	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to Samuel Hearn. (Spence, Robert) (Entered: 05/31/2013)	RECAP
19	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to Robert Skelton. (Spence, Robert) (Entered: 05/31/2013)	RECAP
20	May 31, 2013	SUMMONS Returned Executed by Leon Edmond, Lakendus Cole as to Robert Forbert. (Spence, Robert) (Entered: 05/31/2013)	RECAP
21	May 31, 2013	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Samuel Hearn. (Attachments: # 1 Memorandum In Support of Motion To Dismiss)(McKinney, Mary) (Entered: 05/31/2013)	RECAP
22	June 4, 2013	ORDER granting in part and denying in part 5 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Jon Phipps McCalla on 06/04/2013. (McCalla, Jon)	RECAP
23	June 6, 2013	ORDER granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Jon Phipps McCalla on 06/06/2013. (McCalla, Jon) (Entered: 06/06/2013)	RECAP
24	June 14, 2013	REPORT of Rule 26(f) Planning Meeting. (Spence, Robert) (Entered: 06/14/2013)	RECAP
25	June 14, 2013	ANSWER to 1 Complaint, by Robert Skelton.(Godwin, Deborah) (Entered: 06/14/2013)	RECAP
26	June 17, 2013	SCHEDULING ORDER: Entry of this order cancels the conference set 6/20/2013. Signed by Magistrate Judge Diane K. Vescovo on 6/17/2013. (Vescovo, Diane) (Entered: 06/17/2013)	RECAP
	June 17, 2013	Set Deadlines/Hearings: Amended Pleadings due by 8/27/2013. Discovery due by 3/2/2014. Joinder of Parties due by 8/27/2013. Dispositive Motions due by 8/30/2014 per #26. (jml)
27	June 18, 2013	ANSWER to 1 Complaint, by Christopher Bing, John Faircloth, Robert Forbert, Samuel Hearn.(Godwin, Deborah) (Entered: 06/18/2013)	RECAP
28	June 25, 2013	SETTING LETTER: Jury Trial set for 1/20/2015 09:30 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Pretrial Conference set for 1/12/2015 09:00 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Proposed Pretrial Order due by 1/5/2015. (jpw) (Entered: 06/25/2013)	RECAP
29	July 10, 2013	ORDER granting in part and denying in part 21 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Jon Phipps McCalla on 07/10/2013. (McCalla, Jon) (Entered: 07/10/2013)	RECAP
30	Aug. 27, 2013	MOTION to Compel and to Enlarge Scheduling Order Deadline and Memorandum in Support (proposed order submitted) by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 08/27/2013)	RECAP
31	Aug. 28, 2013	ORDER granting 30 Motion to Compel and to Enlarge Scheduling Order Deadline. Signed by Judge Jon Phipps McCalla on 08/28/2013. (McCalla, Jon) (Entered: 08/28/2013)	RECAP
32	Nov. 27, 2013	ANSWER to Interrogatories from City of Memphis by Lakendus Cole, Leon Edmond.(Spence, Robert) (Entered: 11/27/2013)	RECAP
33	Nov. 27, 2013	RESPONSE to Discovery Request from City of Memphis by Lakendus Cole, Leon Edmond.(Spence, Robert) (Entered: 11/27/2013)	RECAP
34	Nov. 27, 2013	RESPONSE to Discovery Request from City of Memphis by Lakendus Cole, Leon Edmond.(Spence, Robert) (Entered: 11/27/2013)	RECAP
35	Nov. 27, 2013	AFFIDAVIT of Justin Hipner by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 11/27/2013)	RECAP
36	Nov. 27, 2013	MOTION to Certify Class (proposed order submitted) by Lakendus Cole, Leon Edmond. (Attachments: # 1 Memorandum, # 2 Exhibit 1)(Spence, Robert) (Entered: 11/27/2013)	RECAP
37	Dec. 10, 2013	MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class (proposed order submitted) by City Of Memphis, Tennessee;. (Fletcher, J.) (Entered: 12/10/2013)	RECAP
38	Dec. 10, 2013	ORDER granting 37 Motion for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class. Responses due by 12/20/2013. Signed by Judge Jon Phipps McCalla on 12/10/2013. (McCalla, Jon) (Entered: 12/10/2013)	RECAP
39	Dec. 13, 2013	SETTING LETTER: Telephonic Hearing re: 36 Plaintiff's Motion for Class Certification set for 1/9/2014 09:30 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 12/13/2013)	RECAP
40	Dec. 18, 2013	RESPONSE in Opposition re 36 MOTION to Certify Class (proposed order submitted) filed by City Of Memphis, Tennessee;. (Attachments: # 1 Affidavit Affidavit of Dep. Chief Arley Knight, # 2 Exhibit WATN-TV article)(Fletcher, J.) (Entered: 12/18/2013)	RECAP
41	Jan. 7, 2014	AFFIDAVIT of Isaac Singleton by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit A)(Spence, Robert) (Entered: 01/07/2014)	RECAP
42	Jan. 9, 2014	Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Hearing re: 36 Plaintiff's Motion for Class Certification held on 1/9/2014. Motion heard and taken under advisement. Order to be entered. (for Plaintiff: Robert Spence, Jr., Brian Meredith) (for Defense: J. Michael Fletcher, Mary Elizabeth McKinney) (Court Reporter: Brenda Parker) (jpw) (Entered: 01/09/2014)	RECAP
43	Jan. 14, 2014	NOTICE of Appearance by Bryan Meredith on behalf of Lakendus Cole, Leon Edmond (Meredith, Bryan) (Entered: 01/14/2014)	RECAP
44	Jan. 31, 2014	MOTION for Extension of Time to Complete Discovery proposed order submitted by All Defendants. (Fletcher, J.) (Entered: 01/31/2014)	RECAP
45	Feb. 3, 2014	ORDER REFERRING MOTION: 44 MOTION for Modification of Scheduling Order Extending Time for Written Discovery. Signed by Judge Jon Phipps McCalla on 02/03/2014. (McCalla, Jon) (Entered: 02/03/2014)	RECAP
46	Feb. 7, 2014	RESPONSE in Opposition re 44 MOTION for Extension of Time to Complete Discovery proposed order submitted filed by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 02/07/2014)	RECAP
47	Feb. 11, 2014	NOTICE to Take Deposition of Lakendus Cole by Christopher Bing, Cari Cooper, John Faircloth, Robert Forbert, Samuel Hearn, Robert Skelton.(McKinney, Mary) (Entered: 02/11/2014)	RECAP
48	Feb. 11, 2014	NOTICE to Take Deposition of Leon Edmond by Christopher Bing, Cari Cooper, John Faircloth, Robert Forbert, Samuel Hearn, Robert Skelton.(McKinney, Mary) (Entered: 02/11/2014)	RECAP
49	Feb. 12, 2014	SETTING LETTER: Telephone Discovery Conference set for 2/14/2014 01:45 PM before Magistrate Judge Diane K. Vescovo. The call-in number is 877-336-1828; the access code is 1623522, and the security code is 2117.(crk) (Entered: 02/12/2014)	RECAP
50	Feb. 14, 2014	ORDER granting in part and denying in part 44 Motion of Defendants for Modification of Scheduling Order to Extend TIme to Complete Written Discovery and Order Extending Time to Complete Fact Depositions. Signed by Magistrate Judge Diane K. Vescovo on 2/14/2014. (Vescovo, Diane) (Entered: 02/14/2014)	RECAP
52	Feb. 14, 2014	Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: Telephonic Discovery Hearing held on 2/14/2014. The Court addressed the Defendants Motion for Extension of Time to Complete Discovery (DE#44). The Court heard from the parties regarding the proposed dates. Discovery Deposition deadline set 3/31/2014. The Court to enter Order. Motion is withdrawn by the Defendant. (Plaintiffs Counsel: Bryan Meredith & Robert Spence. Defendants Counsel: Michael Fletcher & Mary McKinney.) (Tape #FTR) (cas) (Entered: 02/18/2014)	RECAP
51	Feb. 17, 2014	NOTICE by Lakendus Cole, Leon Edmond to Take the Deposition of FRCP Rule 30(b)(6) Corporate Representative Of Defendant City of Memphis (Spence, Robert) (Entered: 02/17/2014)	RECAP
53	Feb. 18, 2014	NOTICE to Take Deposition of Lakendus Cole by Christopher Bing, Cari Cooper, John Faircloth, Robert Forbert, Samuel Hearn, Robert Skelton.(McKinney, Mary) (Entered: 02/18/2014)	RECAP
54	March 6, 2014	NOTICE to Take Deposition of Leon Edmond by All Defendants.(McKinney, Mary) (Entered: 03/06/2014)	RECAP
55	March 13, 2014	NOTICE by Lakendus Cole, Leon Edmond to Take Audiovisual Depositions of Indiviual Defendants and Certain Other Police Officers of the City of Memphis (Spence, Robert) (Entered: 03/13/2014)	RECAP
56	March 13, 2014	MOTION to Compel Defendant City of Memphis by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Spence, Robert) (Entered: 03/13/2014)	RECAP
57	March 17, 2014	ORDER REFERRING MOTION: 56 MOTION to Compel Defendant City of Memphis filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 03/17/2014. (McCalla, Jon) (Entered: 03/17/2014)	RECAP
58	March 26, 2014	RESPONSE in Opposition re 56 MOTION to Compel Defendant City of Memphis proposed order submitted filed by City Of Memphis, Tennessee. (Attachments: # 1 Affidavit Affidavit of Ruth Murray)(Fletcher, J.) (Entered: 03/26/2014)	RECAP
59	March 26, 2014	DEPOSITION of Arley Knight, The FRCP Rule 30(b)(6) Corporate Representative of Defendant City of Memphis taken on February 21, 2014 by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Spence, Robert) (Entered: 03/26/2014)	RECAP
60	March 26, 2014	MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED FOR ALL PURPOSES IN THESE PROCEEDINGS AND MEMORANDUM IN SUPPORT THEREOF (proposed order submitted) by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 03/26/2014)	RECAP
61	March 27, 2014	NOTICE of Hearing on Motion 56 MOTION to Compel Defendant City of Memphis: Motion Hearing set for 4/10/2014 01:00 PM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (Vescovo, Diane) (Entered: 03/27/2014)	RECAP
62	April 9, 2014	RESPONSE in Opposition re 60 MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED,proposed order submitted, filed by City Of Memphis, Tennessee. (Attachments: # 1 Exhibit Excerpts of Deposition of Lakendus Cole, # 2 Exhibit Excerpts of Deposition of Leon Edmond, # 3 Exhibit AGI Realty Service Group, Inc. v Red Robin International, Inc.)(Fletcher, J.) (Entered: 04/09/2014)	RECAP
63	April 9, 2014	Notice of Correction to 62 Response in Opposition to Motion,, . (Fletcher, J.) (Entered: 04/09/2014)	RECAP
64	April 10, 2014	Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: Hearing on Plaintiff's Motion to Compel (DE#56) held on 4/10/2014. Counsel for the parties present. The Court heard from the parties on the status of the issues raised in the Motion. The Court then heard argument on the remaining issues. Defendant is to produce record of arrest by 4/25/2014. The Court will award no fees at this time. Plaintiff is to draft Order, circulate to counsel and submit to the Court for final approval and entry. (Plaintiffs Counsel: Robert Spence, Jr. & Bryan Meredith. Defense Counsel: Michael Fletcher, Zayid Saleem and Elizabeth McKinney.) (Court Reporter: Saprena Curry) (cas) (Entered: 04/10/2014)	RECAP
65	April 11, 2014	NOTICE by Lakendus Cole, Leon Edmond to Take the Deposition of Salman Saeed, M.D. (Spence, Robert) (Entered: 04/11/2014)	RECAP
66	April 11, 2014	MOTION for Leave to File REPLY TO THE CITYS RESPONSE TO PLAINTIFFS MOTION TO STRIKE THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED FOR ALL PURPOSES IN THESE PROCEEDINGS AND MEMORANDUM IN SUPPORT THEREOF (proposed order submitted) by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 04/11/2014)	RECAP
67	April 14, 2014	ORDER granting 66 Motion for Leave to File Reply. Signed by Judge Jon Phipps McCalla on 04/14/2014. (McCalla, Jon) (Entered: 04/14/2014)	RECAP
68	April 15, 2014	REPLY to Response to Motion re 62 Response in Opposition to Motion,, to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAIN T AND DEEM THESE PARAGRAPHS ADMITTED filed by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit A)(Spence, Robert) (Entered: 04/15/2014)	RECAP
69	April 18, 2014	ORDER granting in part and denying in part 56 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Diane K. Vescovo on 4/18/2014. (Vescovo, Diane) (Entered: 04/18/2014)	RECAP
70	April 30, 2014	MOTION to Extend Deadline of Scheduling Order (proposed order submitted) by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 04/30/2014)	RECAP
71	May 1, 2014	ORDER granting 70 Motion for Extension of Scheduling Order Deadlines. Signed by Judge Jon Phipps McCalla on 05/01/2014. (McCalla, Jon) (Entered: 05/01/2014)	RECAP
72	May 12, 2014	NOTICE by City of Memphis re 69 Order on Motion to Compel Notice of Production of Documents In Compliance with Order of Court (69) (Attachments: # 1 Affidavit of Ruth Murray, # 2 Affidavit of James Perry)(Fletcher, J.) (Entered: 05/12/2014)	RECAP
73	May 15, 2014	MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY (proposed Order submitted) by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Spence, Robert) (Entered: 05/15/2014)	RECAP
74	May 27, 2014	STIPULATION and Agreed Protective Order Governing Production of ATF Report of Investigation by Lakendus Cole, Leon Edmond. (Spence, Robert) (Entered: 05/27/2014)	RECAP
75	May 29, 2014	RESPONSE in Opposition re 73 MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY (proposed Order submitted) filed by City of Memphis. (Attachments: # 1 Exhibit Ex. A May 13-15 emails, # 2 Exhibit Ex. B City Attorney OPN010.01, # 3 Exhibit Report of Searches of Electronically Stored Information)(Fletcher, J.) (Entered: 05/29/2014)	RECAP
76	June 3, 2014	ORDER REFERRING MOTION: 73 MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY (proposed Order submitted) filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 06/03/2014. (McCalla, Jon) (Entered: 06/03/2014)	RECAP
77	June 4, 2014	NOTICE of Hearing on Motion 73 MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY: Motion Hearing set for 6/12/2014 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (crk) (Entered: 06/04/2014)	RECAP
78	June 4, 2014	ORDER REFERRING MOTION: 60 MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 06/04/2014. (McCalla, Jon) (Entered: 06/04/2014)	RECAP
79	June 5, 2014	NOTICE of Hearing on Motion 60 MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED, in addition to 73 MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY: Hearing on both motions set for 6/12/2014 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (crk) (Entered: 06/05/2014)	RECAP
80	June 12, 2014	Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: Motion Hearing held on 6/12/2014 re 60 MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED filed by Leon Edmond, Lakendus Cole and 73 MOTION to Compel DEFENDANT CITY OF MEMPHIS TO FILE AN AFFIDAVIT CONFIRMING THAT IT HAS PRODUCED ALL ELECTRONICALLY STORED INFORMATION RESPONSIVE TO PLAINTIFFS DISCOVERY filed by Leon Edmond, Lakendus Cole. Counsel for the parties present. The Court gave an opening statement to the parties. The Court heard agrument from the parties and will enter the Order on the Motions. (Plaintiffs Counsel: Robert Spence & Bryan Meredith. Defendants Counsel: Michael Fletcher & Zayid Saleem.)(Court Reporter: Mark Dodson.) (cas) (Entered: 06/12/2014)	RECAP
81	June 16, 2014	ORDER granting in part and denying in part 73 Plaintiffs' Motion to Compel Defendant City of Memphis to File an Affidavit Confirming that it has Produced All Electronically Stored Information Responsive to Plaintiffs' Discovery. Signed by Magistrate Judge Diane K. Vescovo on 6/16/2014. (Vescovo, Diane) (Entered: 06/16/2014)	RECAP
82	June 17, 2014	NOTICE to Take Deposition of Gabriel Lawson by Lakendus Cole, Leon Edmond.(Spence, Robert) (Entered: 06/17/2014)	RECAP
83	June 17, 2014	AMENDED ORDER REFERRING MOTION: 60 MOTION to Strike THE AFFIDAVIT OF DEPUTY CHIEF ARLEY KNIGHT, TO SUPPLEMENT THE MOTION FOR CLASS CERTIFICATION AND TO GRANT THE MOTION, AND TO STRIKE THE CITYS ANSWERS TO PARAGRAPHS 24, 25 AND 26 OF THE COMPLAINT AND DEEM THESE PARAGRAPHS ADMITTED filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 06/17/2014. (McCalla, Jon) (Entered: 06/17/2014)	RECAP
84	June 18, 2014	ORDER granting in part and denying in part 60 Motion to Strike and Report and Recommendation on Plaintiff's Motion to Grant Motion for Class Certification as Sanction. Signed by Magistrate Judge Diane K. Vescovo on 6/18/2014. (Vescovo, Diane) (Entered: 06/18/2014)	RECAP
85	June 30, 2014	MEMORANDUM in Support re 36 MOTION to Certify Class (proposed order submitted) Supplemental Memorandum filed by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit A)(Spence, Robert) (Entered: 06/30/2014)	RECAP
86	July 7, 2014	RESPONSE in Opposition re 36 MOTION to Certify Class (proposed order submitted) and Supplemental Memornadum in Support of Motion to Certify Class filed by City of Memphis. (Attachments: # 1 Affidavit Affidavit of Ken Johnson, P.E., # 2 Exhibit Ex. 1 excerpts from deposition of L. Cole, # 3 Exhibit Ex. 2 excerpts from deposition of M. Williams, # 4 Exhibit Ex. 3 excerpts from deposition of L. Edmond, # 5 Exhibit Ex. 4 excerpts of deposition of C. Cooper, # 6 Exhibit Ex. 5 excerpts from deposition of R. Skelton, # 7 Exhibit Ex. 6 excerpts from deposition of J. Casad, # 8 Exhibit Ex. 7 excerpts from deposition of C. Bing)(Fletcher, J.) (Entered: 07/07/2014)	RECAP
87	July 14, 2014	REPLY to Response to Motion re 86 Response in Opposition to Motion,, Supplemental Reply Memorandum in Support of Motion for Class Certification filed by Lakendus Cole, Leon Edmond. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Spence, Robert) (Entered: 07/14/2014)	RECAP
88	Sept. 29, 2014	ORDER granting in part and denying in part 36 Motion to Certify Class. Signed by Judge Jon Phipps McCalla on 09/29/2014. (McCalla, Jon) (Entered: 09/29/2014)	RECAP
89	Oct. 16, 2014	MOTION for Extension of Time to File Dispositive Motions (Proposed Order Submitted) by Christopher Bing, Cari Cooper, John Faircloth, Robert Forbert, Samuel Hearn, Robert Skelton. (McKinney, Mary) (Entered: 10/16/2014)	RECAP
90	Oct. 17, 2014	ORDER GRANTING 89 Motion for Extension of Time to File. Signed by Judge Jon Phipps McCalla on 10/17/14. (Jon P. McCalla) (Entered: 10/17/2014)	RECAP
91	Oct. 23, 2014	NOTICE of Voluntary Dismissal by Lakendus Cole, Leon Edmond (Spence, Robert) (Entered: 10/23/2014)	RECAP
92	Oct. 27, 2014	MOTION for Summary Judgment proposed order submitted by City of Memphis. (Attachments: # 1 Exhibit Statement of Undisputed Facts, # 2 Memorandum Memorandum in Support of Motion for Summary Judgment, # 3 Exhibit Memphis City Council Resolution, # 4 Exhibit Memphis City Code Citations, # 5 Affidavit Affidavit of Paul Morris, # 6 Affidavit Affidavit of James Howell, # 7 Affidavit Affidavit of Cindy Wilson, # 8 Exhibit Excerpts from Depostion of Skelton, # 9 Affidavit Affidavit of Michael Williams, # 10 Exhibit Referenced MPD Rules, # 11 Affidavit Affidavit of Mark Winters, # 12 Exhibit MPD Policies and Procedures Chap I, sec. 2)(Fletcher, J.) (Entered: 10/27/2014)	RECAP
93	Oct. 27, 2014	ORDER DISMISSING WITH PREJUDICE Plaintiffs' Claims Against Robert Forbert, Samuel Hearn, Christopher Bing, John Faircloth, Cari Cooper, and Robert Skelton, in Their Individual Capacities re 91 Notice of Voluntary Dismissal filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 10/27/2014. (McCalla, Jon) (Entered: 10/27/2014)	RECAP
94	Oct. 27, 2014	MOTION for Summary Judgment by Lakendus Cole, Leon Edmond. (Attachments: # 1 Memorandum, # 2 Exhibit Statement of Facts, # 3 Exhibit Exhibit A to Statement of Facts)(Spence, Robert) (Entered: 10/27/2014)	RECAP
95	Nov. 24, 2014	RESPONSE in Opposition re 94 MOTION for Summary Judgment filed by City of Memphis. (Attachments: # 1 Exhibit Response of Defendant City of Memphis to Plaintiffs' Statement of Undisputed Material Facts, # 2 Exhibit Deposition of Justin Hipner)(Fletcher, J.) (Entered: 11/24/2014)	RECAP
96	Nov. 24, 2014	MOTION to Strike 92 MOTION for Summary Judgment proposed order submitted Plaintiffs' Motion to Strike Affidavits of Paul Morris, Major James Howell, Cindy Wilson, Lt. Colonel Michael Williams, Jr., and Ken Johnson (proposed order submitted) by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Spence, Robert) (Entered: 11/24/2014)	RECAP
97	Nov. 24, 2014	RESPONSE in Opposition re 92 MOTION for Summary Judgment proposed order submitted Plaintiffs' Response in Opposition to City of Memphis' Motion for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Spence, Robert) (Entered: 11/24/2014)	RECAP
98	Nov. 24, 2014	ATTACHMENT Plaintiffs' Response to Defendant City of Memphis' Statement of Undisputed Facts to 92 MOTION for Summary Judgment proposed order submitted, 97 Response in Opposition to Motion, by Lakendus Cole, Leon Edmond.. (Spence, Robert) (Entered: 11/24/2014)	RECAP
99	Nov. 25, 2014	ORDER REFERRING FOR DETERMINATION 96 MOTION to Strike 92 MOTION for Summary Judgment proposed order submitted Plaintiffs' Motion to Strike Affidavits of Paul Morris, Major James Howell, Cindy Wilson, Lt. Colonel Michael Williams, Jr., and Ken Johnson (proposed orde filed by Leon Edmond, Lakendus Cole. Signed by Judge Jon Phipps McCalla on 11/25/2014. (McCalla, Jon) (Entered: 11/25/2014)	RECAP

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Case Details

State / Territory:

Tennessee

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 25, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

"All persons who have been unlawfully removed from Beale Street and/or adjacent sidewalks by City of Memphis police officers pursuant to the custom, policy and practice known as the Beale Street Sweep."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Memphis

Defendant Type(s):

Jurisdiction-wide

Case Details