Case: Winston v. Salt Lake City Police Department

2:12-cv-01134 | U.S. District Court for the District of Utah

Filed Date: Dec. 13, 2012

Closed Date: April 11, 2016

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Case Summary

This is a racial profiling and illegal seizure case about a gang task force of about 16 police officers who raided West High School in the Salt Lake City School District on December 16, 2010 to round up students for detention, interrogation, and inclusion in a gang database. The police officers detained Latinx, Black, and Pacific Islander students regardless of whether they had actual gang membership, and they targeted no white students. On December 13, 2012, the plaintiff, represented by the A…

On December 13, 2012, the plaintiff, represented by the ACLU and on behalf of his minor son who had been targeted by the gang task force, filed a complaint in the U.S. District Court for the District of Utah. The initial complaint named as defendants the Salt Lake City Police Department (SLCPD), the West Valley Police Department (WVPD), the Unified Police Department of Greater Salk Lake (UPDGSL), the West Jordan Police Department (WJPD), the Chiefs of Police of each department, the as-yet unidentified officers who took part in the gang task force, the Salt Lake City School District (SLCSD), SLCSD board members, and the principal of West High School. The complaint alleged, under both the U.S. Constitution (42 U.S.C. § 1983) and the Utah Constitution, unreasonable search and seizure, discrimination on the basis of race, ethnicity, or national origin, due process violation due to overly vague laws, and substantive and procedural due process violation under. The complaint also alleged intentional infliction of emotional distress and assault under the Utah Criminal Code and Conspiracy to Deprive Plaintiffs of Constitutional Rights under 42 U.S.C. § 1985.

The plaintiff sought compensatory and punitive damages, as well as an injunction which would (1) require defendants to expunge from their records any information unlawfully obtained by the gang task force, (2) prohibit Salt Lake City School District from enforcing any gang-related policies capable of being applied in arbitrary or discriminatory manner, and (3) prohibit the task force defendants from detaining or searching students in the Salt Lake City School District without probable cause.

Changing Judges throughout the Case

This case was originally assigned to Magistrate Judge Paul M. Warner. However, after plaintiffs indicated their intention to move for class certification, Magistrate Judge Warner ordered that the case be reassigned to a district judge. On February 27, 2023, the case was reassigned to Judge Ted Stewart, and on April 17, 2013, Judge Stewart assigned Magistrate Judge Brook C. Wells to hear and determine all nondispositive pretrial matters.

Amended Complaint

After notifying the court of his intention to move for class certification, the Plaintiff filed an amended proposed class complaint on June 17, 2013. The amended complaint removed the UPDGSL and its Chief of Police as defendants and named three additional individual defendants, all of whom were members of the gang task force. The amended complaint also added two additional parents as named plaintiffs bringing claims on behalf of their children and a class of all similarly situated individuals.

Class Certification and Discovery Dispute

Plaintiffs first moved for class certification on July 17, 2013. Plaintiffs sought to certify a class of “All Hispanic, African American, and Pacific Islander public school students who were enrolled in December 2010 and are enrolled in the public schools in the Salt Lake City School District, as well as all future Hispanic, African American, and Pacific Islander students who will enroll in Salt Lake City School District public schools.” In alternative, plaintiff asked the court to certify two subclasses: (1) “All Hispanic, African American, and Pacific Islander Salt Lake City School District Students who have been documented in the Salt Lake City Police Department’s database as gang members or gang associates in the 5 years prior to the filing of the complaint and all Hispanic, African American, and Pacific Islander Salt Lake City school students who will be documented in the future” and (2) “All Hispanic, African American, and Pacific Islander Salt Lake City School District students who were detained, whether documented or not, during the December 16, 2010 gang sweep.”

In their opposition, defendants submitted a declaration from an SLCPD sergeant testifying that there had been only 20 individuals under the age of 19 at the time they were identified as gang members and entered into the SLCPD database. Plaintiffs moved to strike portions of this declaration from the record on August 7, 2013 on the grounds the it was defendants’ counsel and an IT professional for the police department – and not the sergeant – who conducted the analysis that reached the conclusion that there were only 20 individuals under the age of 19 at the time they were entered into the SLCPD gang member database. The dispute over the admissibility of the sergeant’s declaration lasted for almost two years, until June 29, 2015, when Judge Stewart found the sergeant’s declaration to be admissible for purposes of determining class certification. 2015 WL 13845457. Judge Stewart then heard oral argument pertaining to plaintiff’s motion for class certification on September 28, 2015. However, before the court reached its decision on class certification, parties entered offer to allow judgment and settlement negotiations.

Offer to Allow Judgment and Settlements

WVPD defendants served plaintiffs an offer to allow judgment, and plaintiffs accepted their offer on November 12, 2015. The court then entered judgment in favor of plaintiffs and against WVPD on December 7, 2015. WVPD paid a total of $50,000 to the named plaintiffs in damages and attorneys’ fees.

On March 16, 2016, plaintiffs and the SLCSD defendants entered into a settlement agreement. Under the settlement, SLCSD agreed to finalize a Memorandum of Understanding which would draw a clear boundary between the disciplinary functions of the SLCSD and the criminal law enforcement functions of the local police departments. In particular, the memorandum was to specify that law enforcement would not be involved in matters of routine school discipline. In addition, all SLCSD employees were required to receive training on the appropriate roles of school resource officers and school administrators, juvenile court processes, adolescent development, mental health problems, conflict resolution and de-escalation techniques, cultural competency, and alternatives to the juvenile justice system and the rights of students. SLCSD further agreed to amend school policy to include a Gang-related Activities Prohibited section that stated: “Wearing a specific color by itself won’t be cause for discipline, and just wearing a cross or Star of David without augmentation or alteration won’t be cause for discipline. In addition to the items identified in these administrative procedures as prohibited gang attire or gang symbols, document S-3: Gang Signs, Symbols, Signals, Words and Conduct Prohibited outlines the current gang indicators that may result in student disciplinary action.” Finally, SLCSD defendants agreed to pay a total of $27,500 to named plaintiffs in damages and attorneys’ fees.

On the same day, plaintiffs also settled with SLCPD defendants. As part of the settlement, the SLCPD agreed not to conduct any gang task force raid like the one conducted on December 16, 2010 at any Salt Lake City schools. The SLCPD further agreed to arrest students on school property only when an officer has probable cause to believe that the student has been or is engaged in a crime that (1) poses a real or immediate threat of injury to an individual or the public; (2) constitutes property damage; (3) involves possession or use of drugs, alcohol, or weapons; or (4) when necessary to execute warrants that cannot be effectively executed outside of school hours. SLCPD officers would not photograph juveniles holding whiteboards identifying gang affiliation, nor would they be permitted to use race, color, ethnicity, or national origin in deciding when to conduct a stop and search or seek a warrant. SLCPD offers were required to receive annual training on implicit bias, adolescent development and techniques for working with youth, their responsibilities under the Fourteenth Amendment, the problems of disproportionate minority impact, and respect for privacy and reduction of stigma. Furthermore, the SLCPD agreed to expunge any and all records identifying plaintiffs as identified or suspected gang members stemming from the December 16, 2010 gang task force operation. Finally, the SLCPD agreed to pay a total of $30,000 to named plaintiffs in damages and attorneys’ fees.

Pursuant to the March 16, 2016 settlements, the court dismissed plaintiffs’ claims against SLCSD and SLCPD defendants on March 17, 2016. Plaintiffs voluntarily dismissed their claims against the remaining defendants on April 11, 2016. This case is now closed.

Find out more about this case on the ACLU website.

Summary Authors

Sarah Portwood (3/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5159443/parties/winston-v-salt-lake-city-police-department/

Judge(s)

Stewart, Brian Theadore (Utah)

Judge(s)

Stewart, Brian Theadore (Utah)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2 2:12-cv-01134	Proposed Class Action Complaint	Dec. 13, 2012	Dec. 13, 2012 Complaint
66 2:12-cv-01134	Second Amended Proposed Class Action Complaint	June 17, 2013	June 17, 2013 Complaint
215 2:12-cv-01134	Memorandum Decision and Order Denying Plaintiffs' Motion to Strike	June 29, 2015	June 29, 2015 Order/Opinion 2015 WL 13845457
2:12-cv-01134	Settlement Agreement with SLC Police	March 16, 2016	March 16, 2016 Settlement Agreement
2:12-cv-01134	Settlement Agreement between the SLC School District Defendants and Plaintiffs Winston v. Salt Lake City School District	March 16, 2016	March 16, 2016 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5159443/winston-v-salt-lake-city-police-department/

Last updated April 14, 2026, 5:39 a.m.

ECF Number	Date	Description	Link
1	Dec. 13, 2012	Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Kevin Winston is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 12/13/2012)	RECAP
2	Dec. 13, 2012	COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1735095), filed by Kevin Winston. (Attachments: # 1 Civil Cover Sheet Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Mejia, John) Modified receipt number on 12/14/2012 (jds). (Entered: 12/13/2012)	RECAP
3	Dec. 14, 2012	NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Courtney Bowie,Ayirini Fonseca-Sabune, for Plaintiff Kevin Winston (jds) (Entered: 12/14/2012)	RECAP
4	Dec. 18, 2012	MOTION for Admission Pro Hac Vice of Courtney Bowie, Registration fee $ 15, receipt number 1088-1739042, filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Proposed Order)(Farrell, Leah) (Entered: 12/18/2012)	RECAP
5	Dec. 18, 2012	MOTION for Admission Pro Hac Vice of Ayirini Fonseca-Sabune, Registration fee $ 15, receipt number 1088-1739051, filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Proposed Order)(Farrell, Leah) (Entered: 12/18/2012)	RECAP
6	Dec. 19, 2012	ORDER granting 4 Motion for Admission Pro Hac Vice of Courtney Bowie for Kevin Winston. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Paul M. Warner on 12/18/2012. (asp) (Entered: 12/19/2012)	RECAP
7	Dec. 19, 2012	ORDER granting 5 Motion for Admission Pro Hac Vice of Ayrini Fonseca-Sabune for Kevin Winston. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Paul M. Warner on 12/18/2012. (asp) (Entered: 12/19/2012)	RECAP
8	Dec. 21, 2012	RESTRICTED DOCUMENTSummons Issued Electronically as to Salt Lake City Board of Education. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	RECAP
9	Dec. 21, 2012	RESTRICTED DOCUMENTSummons Issued Electronically as to McKell Withers. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	RECAP
10	Dec. 21, 2012	RESTRICTED DOCUMENTSummons Issued Electronically as to Christopher Burbank. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	RECAP
11	Dec. 21, 2012	RESTRICTED DOCUMENTSummons Issued Electronically as to Parley Jacobs. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 12/21/2012)	RECAP
12	Dec. 31, 2012	MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 12/31/2012)	RECAP
13	Dec. 31, 2012	NOTICE of Appearance by Kyle J. Kaiser on behalf of Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers (Kaiser, Kyle) (Entered: 12/31/2012)	RECAP
14	Jan. 2, 2013	NOTICE OF ADR, e-mailed or mailed to Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers, Plaintiff Kevin Winston. (alp) (Entered: 01/02/2013)	RECAP
15	Jan. 2, 2013	ORDER granting 12 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Parley Jacobs answer due 1/25/2013 ; Salt Lake City Board of Education answer due 1/25/2013 ; Salt Lake City School District answer due 1/25/2013 ; McKell Withers answer due 1/25/2013. Signed by Magistrate Judge Paul M. Warner on 01/02/2013. (asp) (Entered: 01/02/2013)	RECAP
16	Jan. 4, 2013	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Christopher Burbank served on 12/27/2012, answer due 1/17/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/04/2013)	RECAP
17	Jan. 7, 2013	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Salt Lake City Board of Education served on 12/21/2012, answer due 1/25/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/07/2013)	RECAP
18	Jan. 7, 2013	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to McKell Withers served on 12/21/2012, answer due 1/25/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/07/2013)	RECAP
19	Jan. 8, 2013	RESTRICTED DOCUMENTSummons Issued Electronically as to Doug Diamond. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 01/08/2013)	RECAP
20	Jan. 8, 2013	RESTRICTED DOCUMENTSummons Issued Electronically as to Thayle Nielson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 01/08/2013)	RECAP
21	Jan. 11, 2013	AMENDED COMPLAINT against All Defendants., filed by Kevin Winston. (Bowie, Courtney) (Entered: 01/11/2013)	RECAP
22	Jan. 14, 2013	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Parley Jacobs served on 1/14/2013, answer due 2/4/2013. (Attachments: # 1 Exhibit Court Issued Summons)(Farrell, Leah) (Entered: 01/14/2013)	RECAP
23	Jan. 30, 2013	RESTRICTED DOCUMENT SUMMONS Returned Executed by Kevin Winston as to Doug Diamond served on 1/16/2013, answer due 2/6/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 01/30/2013)	RECAP
24	Feb. 1, 2013	Defendant's MOTION for Extension of Time to File Answer re 21 Amended Complaint (Stipulated) filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 02/01/2013)	RECAP
25	Feb. 5, 2013	ORDER granting 24 Motion for Extension of Time to Answer re 24 Defendant's MOTION for Extension of Time to File Answer re 21 Amended Complaint (Stipulated). Answer deadline updated for All Salt Lake City School District Defendants.. Signed by Magistrate Judge Paul M. Warner on 2/5/13. (alp) Modified on 2/5/2013 to correctly reflect applicable parties (alp). (Entered: 02/05/2013)	RECAP
26	Feb. 12, 2013	NOTICE of Appearance by Heather S. White on behalf of Thayle Nielson, West Valley Police Department (White, Heather) (Entered: 02/12/2013)	RECAP
27	Feb. 12, 2013	NOTICE OF ADR, e-mailed or mailed to Defendants Thayle Nielson, West Valley Police Department. (alp) (Entered: 02/12/2013)	RECAP
28	Feb. 21, 2013	Second MOTION for Extension of Time to File Answer re 21 Amended Complaint and Memorandum in Support filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order)(Anderson, Meb) (Entered: 02/21/2013)	RECAP
29	Feb. 22, 2013	ORDER granting 28 Motion for Extension of Time to Answer re 21 Amended Complaint. Answer deadline updated for Parley Jacobs answer due 3/1/2013; Salt Lake City Board of Education answer due 3/1/2013; Salt Lake City School District answer due 3/1/2013; McKell Withers answer due 3/1/2013. Signed by Magistrate Judge Paul M. Warner on 02/22/2013. (asp) (Entered: 02/22/2013)	RECAP
30	Feb. 25, 2013	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to Thayle Nielson Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 02/25/2013)	RECAP
31	Feb. 25, 2013	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to West Valley Police Department Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 02/25/2013)	RECAP
32	Feb. 26, 2013	Plaintiff's MOTION for Extension of Time To File Motion for Class Certification and Memorandum in Support filed by Plaintiff Kevin Winston. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bowie, Courtney) (Entered: 02/26/2013)	RECAP
33	Feb. 27, 2013	DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because this case is a proposed class action, it is not feasible to obtain consent from all parties to the jurisdiction of a Magistrate Judge. Accordingly, the court orders that this case be reassigned to a District Judge. Signed by Magistrate Judge Paul M. Warner on 02/27/2013. (docket text order; no attached document) (jcd) (Entered: 02/27/2013)	RECAP
34	Feb. 27, 2013	Pursuant to docket text order 33, case Reassigned to District Judge and is randomly assigned to Judge Ted Stewart. Magistrate Judge Paul M. Warner no longer assigned to the case. (alp) (Entered: 02/27/2013)	RECAP
35	Feb. 28, 2013	NOTICE of Appearance by Margaret D. Plane on behalf of Christopher Burbank, Salt Lake City Police Department (Plane, Margaret) (Entered: 02/28/2013)	RECAP
36	Feb. 28, 2013	NOTICE of Appearance by J. Elizabeth Haws on behalf of Christopher Burbank, Salt Lake City Police Department (Haws, J.) (Entered: 02/28/2013)	RECAP
37	Feb. 28, 2013	ORDER granting in part and denying in part 32 Motion for Extension of Time to File Motion for Class Certification. Plaintiff shall have an additional sixty (60) days to file his motion for class certification. Signed by Judge Ted Stewart on 2/28/13. (ss) (Entered: 02/28/2013)	RECAP
38	March 1, 2013	ANSWER to 21 Amended Complaint with Jury Demand filed by Parley Jacobs.(Anderson, Meb) (Entered: 03/01/2013)	RECAP
39	March 1, 2013	ANSWER to 21 Amended Complaint with Jury Demand filed by Salt Lake City Board of Education, Salt Lake City School District, McKell Withers.(Anderson, Meb) (Entered: 03/01/2013)	RECAP
40	March 12, 2013	NOTICE of Voluntary Dismissal of Salt Lake County, Metro Gang Unit by and through the Unified Police Department, and Sheriff Jim Winder filed by Plaintiff Kevin Winston (Bowie, Courtney) (Entered: 03/12/2013)	RECAP
41	March 18, 2013	WAIVER OF SERVICE Returned Executed filed by Kevin Winston as to West Jordan Police Department Waiver sent on 2/5/2013, answer due 4/8/2013. (Farrell, Leah) (Entered: 03/18/2013)	RECAP
42	March 20, 2013	NOTICE of Appearance by Jeffrey Robinson on behalf of Doug Diamond, West Jordan Police Department (Robinson, Jeffrey) (Entered: 03/20/2013)	RECAP
43	March 20, 2013	NOTICE of Appearance by Stuart E. Williams on behalf of Doug Diamond, West Jordan Police Department (Williams, Stuart) (Entered: 03/20/2013)	RECAP
44	March 25, 2013	ANSWER to 21 Amended Complaint filed by Christopher Burbank, Salt Lake City Police Department.(Plane, Margaret) (Entered: 03/25/2013)	RECAP
45	March 26, 2013	NOTICE OF ADR, e-mailed or mailed to Defendants Christopher Burbank, Salt Lake City Police Department. (asp) (Entered: 03/26/2013)	RECAP
46	April 4, 2013	REPORT OF ATTORNEY PLANNING MEETING. (Bowie, Courtney) (Entered: 04/04/2013)	RECAP
47	April 4, 2013	Defendants West Jordan City Police Department and Doug Diamond's ANSWER to 21 Amended Complaint filed by Doug Diamond, West Jordan Police Department.(Williams, Stuart) (Entered: 04/04/2013)	RECAP
48	April 5, 2013	NOTICE OF ADR, e-mailed or mailed to Defendants Doug Diamond, West Jordan Police Department. (asp) (Entered: 04/05/2013)	RECAP
49	April 8, 2013	ANSWER to 21 Amended Complaint with Jury Demand filed by Thayle Nielson, West Valley Police Department.(White, Heather) (Entered: 04/08/2013)	RECAP
50	April 15, 2013	CERTIFICATE OF SERVICE by Doug Diamond, West Jordan Police Department of Initial Disclosures of Defendants West Jordan City Police Department and Chief Doug Diamond (Robinson, Jeffrey) (Entered: 04/15/2013)	RECAP
51	April 16, 2013	Joint MOTION for Protective Order and Memorandum in Support filed by Defendants Christopher Burbank, Doug Diamond, Parley Jacobs, Thayle Nielson, Salt Lake City Board of Education, Salt Lake City Police Department, Salt Lake City School District, West Jordan Police Department, West Valley Police Department, McKell Withers, Plaintiff Kevin Winston. (Attachments: # 1 Exhibit 1 - Proposed Order)(Bowie, Courtney) (Entered: 04/16/2013)	RECAP
52	April 17, 2013	ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Brooke C. Wells. Signed by Judge Ted Stewart on 4/17/13. (jjk) (Entered: 04/17/2013)	RECAP
53	April 17, 2013	PROTECTIVE ORDER. Signed by Magistrate Judge Brooke C. Wells on 4/17/13. (ss) (Entered: 04/17/2013)	RECAP
54	April 22, 2013	CERTIFICATE OF SERVICE by Doug Diamond, West Jordan Police Department of Interrogatories of Defendants West Jordan City Police Department and Chief Doug Diamond (Robinson, Jeffrey) (Entered: 04/22/2013)	RECAP
55	April 23, 2013	Stipulated MOTION for Extension of Time File Motion for Class Certification and Memorandum in Support, Second, filed by Plaintiff Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Mejia, John) (Entered: 04/23/2013)	RECAP
56	April 24, 2013	ORDER granting 55 Motion for Extension of Time. Signed by Magistrate Judge Brooke C. Wells on 4/24/13. (ss) (Entered: 04/24/2013)	RECAP
57	April 30, 2013	INITIAL SCHEDULING ORDER: Amended Pleadings due by 9/20/2013. Joinder of Parties due by 9/20/2013. Signed by Magistrate Judge Brooke C. Wells on 4/30/13.(ss) (Entered: 04/30/2013)	RECAP
58	May 22, 2013	MOTION for Court Order to Disclose Records and Memorandum in Support filed by Defendants Parley Jacobs, Salt Lake City Board of Education, Salt Lake City School District, McKell Withers. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kaiser, Kyle) (Entered: 05/22/2013)	RECAP
59	May 23, 2013	ORDER granting 58 Motion to Disclose Records.See order for specifics. Signed by Magistrate Judge Brooke C. Wells on 5/23/13. (ss) (Entered: 05/23/2013)	RECAP
60	June 11, 2013	Plaintiff's MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support filed by Plaintiff Kevin Winston. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 06/11/2013)	RECAP
61	June 12, 2013	ORDER granting 60 Motion for Extension of Time. Plaintiffs must file their Motion for Class Certification on or before July 17, 2013 and all dates in the Case Management Order are hereby extended by five weeks. Signed by Magistrate Judge Brooke C. Wells on 06/12/2013. (asp) (Entered: 06/12/2013)	RECAP
62	June 12, 2013	AMENDED COMPLAINT Proposed Class Action against All Defendants. New Plaintiffs: Gloria Urcina on behalf of Y.A.; Angelica Estrada on behalf of A.P.. New Defendants: Anita Schwemmer in her official capacity; Lyman Smith; Nathan Wiley; Alma Sweeny. Removed Defendants: The Metro Gang Unit through the Unified Police Department; Sheriff Jim Winder; Thayle Nielson in his officil capacity., filed by Kevin Winston. (Attachments: # 1 Exhibit A-Second Amended Proposed Class Action Complaint, # 2 Text of Proposed Order text of proposed order) (Bowie, Courtney) (Entered: 06/12/2013)	RECAP
63	June 13, 2013	NOTICE OF DEFICIENCY re 62 Amended Complaint. The document 62 was filed as an Amended Complaint however the image is a Motion for Leave to File Document. The clerk requests the filer of the original document to refile the pleading as a Motion for Leave to File Document. The new pleading will receive a new document number on the docket. (asp) (Entered: 06/13/2013)	RECAP
64	June 13, 2013	Stipulated MOTION for Leave to File Second Amended Proposed Class Action Complaint filed by Plaintiff Kevin Winston. (Attachments: # 1 Exhibit A - Second Amended Proposed Class Action Complaint, # 2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 06/13/2013)	RECAP
65	June 14, 2013	ORDER granting 64 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Brooke C. Wells on 6/14/13. (ss) (Entered: 06/14/2013)	RECAP
66	June 17, 2013	AMENDED COMPLAINT Second Amended Proposed Class Action Complaint against All Defendants. New Plaintiffs: Gloria Urcino on behalf of Y.A.; Angelica Estrada on behalf of A.P.. New Defendants: Anita Scwemmer in her official capacity; Lyman Smith, Nathan Wiley and Alma Sweeney in their official and personal capacities. Removed Defendants: The Metro Gang Unit through the Unified Police Department; Sheriff Jim Winder; Thayle Nielson in his official capacity., filed by Kevin Winston. (Bowie, Courtney) (Entered: 06/17/2013)	RECAP
67	June 26, 2013	ANSWER to 66 Amended Complaint,, with Jury Demand filed by Anita Schwemmer, West Valley Police Department.(White, Heather) (Entered: 06/26/2013)	RECAP
68	June 27, 2013	RESTRICTED DOCUMENTSummons Issued Electronically as to Lyman Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	RECAP
69	June 27, 2013	RESTRICTED DOCUMENTSummons Issued Electronically as to Alma Sweeny. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	RECAP
70	June 27, 2013	RESTRICTED DOCUMENTSummons Issued Electronically as to Nathan Wiley. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 06/27/2013)	RECAP
71	July 12, 2013	ANSWER to 66 Amended Complaint,, filed by Christopher Burbank, Salt Lake City Police Department, Lyman Smith, Alma Sweeny, Nathan Wiley.(Haws, J.) (Entered: 07/12/2013)	RECAP
72	July 16, 2013	MOTION for Leave to File Excess Pages filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Farrell, Leah) (Entered: 07/16/2013)	RECAP
73	July 16, 2013	MOTION to Compel Production of Documents and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 07/16/2013)	RECAP
74	July 17, 2013	ORDER granting 72 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Brooke C. Wells on 07/17/2013. (asp) (Entered: 07/17/2013)	RECAP
75	July 17, 2013	NOTICE of Conventional Filing by Angelica Estrada, Gloria Urcino, Kevin Winston (Bowie, Courtney) (Entered: 07/17/2013)	RECAP
76	July 17, 2013	SEALED DOCUMENT SEALED MOTION for Class Certification and Appointment of Class Counsel and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y) Motions referred to Brooke C. Wells.(asp) Modified on 8/30/2013 (ss). Modified on 8/30/2013 (ss). Modified on 1/8/2014: clarified carry-forward motion text (alt) (Entered: 07/18/2013)	RECAP
77	July 19, 2013	Motions No Longer Referred: 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support (mjw) (Entered: 07/19/2013)	RECAP
78	July 29, 2013	Defendants' West Jordan City Police Department and Doug Diamond's ANSWER to 66 Amended Complaint,, with Jury Demand filed by Doug Diamond, West Jordan Police Department.(Robinson, Jeffrey) (Entered: 07/29/2013)	RECAP
79	July 31, 2013	REDACTION to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Motion and Memorandum of Law for Class Certification and Appointment of Class Counsel by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit A Redacted Exhibit, # 2 Exhibit B Letter by Parley Jacobs, # 3 Exhibit C Redacted Exhibit, # 4 Exhibit D School Bd Policy, # 5 Exhibit E Brede Tr 43-44, # 6 Exhibit F Redacted Exhibit, # 7 Exhibit G Brede Tr 66, # 8 Exhibit H Redacted Exhibit, # 9 Exhibit I Redacted Exhibit, # 10 Exhibit J District 001-006 policy, # 11 Exhibit K Brede Tr 137-141, # 12 Exhibit L Redacted Exhibit, # 13 Exhibit M Redacted Exhibit, # 14 Exhibit N Redacted Exhibit, # 15 Exhibit O Redacted Exhibit, # 16 Exhibit P Redacted Exhibit, # 17 Exhibit Q Brede Tr 112, # 18 Exhibit R Redacted Exhibit, # 19 Exhibit S Redacted Exhibit, # 20 Exhibit T Redacted Exhibit, # 21 Exhibit U District Gang Identifiers, # 22 Exhibit V District 13-14 Race Data, # 23 Exhibit W Bowie Decl, # 24 Exhibit X Mejia Decl)(Bowie, Courtney) (Entered: 07/31/2013)	RECAP
80	Aug. 2, 2013	MOTION to Withdraw as Attorney and Memorandum in Support of Ayirini Fonseca-Sabune filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/02/2013)	RECAP
82	Aug. 2, 2013	Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support filed by Defendants Anita Schwemmer, West Valley Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(White, Heather) (Entered: 08/02/2013)	RECAP
83	Aug. 5, 2013	Motions No Longer Referred: 82 Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and MeStipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Me (lam) (Entered: 08/05/2013)	RECAP
85	Aug. 7, 2013	MOTION to Strike 81 Memorandum in Opposition to Motion,, and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/07/2013)	RECAP
86	Aug. 7, 2013	MOTION to Seal Document 81 Memorandum in Opposition to Motion,, filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Haws, J.) (Entered: 08/07/2013)	RECAP
87	Aug. 7, 2013	REDACTION to 81 Memorandum in Opposition to Motion,, 73 MOTION to Compel Production of Documents and Memorandum in Support by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Exhibit 1 - 5.30.13 Letter to Bowie re: Discovery Issues, # 2 Exhibit 2 - Email String re Second Amended Complaint, # 3 Exhibit 3 - 6.06.13 Letter to Bowie re Supplemental Documents, # 4 Exhibit 4 - 6.10.13 Letter to Plane re Production Follow-up, # 5 Exhibit 5 - 6.26.13 Letter to Bowie re Supplemental Production, # 6 Exhibit 6 - Email String re July 2 Correspondence, # 7 Exhibit 7 - Email to Haws re Forwarding July 2 Letter, # 8 Errata 8 - Email String re Request for Extension of Time, # 9 Exhibit 9 - Email to Haws re Assistants)(Haws, J.) (Entered: 08/07/2013)	RECAP
88	Aug. 8, 2013	WITHDRAWAL OF MOTION by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston re 85 MOTION to Strike 81 Memorandum in Opposition to Motion,, and Memorandum in Support filed by Gloria Urcino, Kevin Winston, Angelica Estrada . (Attachments: # 1 Text of Proposed Order)(Bowie, Courtney) Modified on 8/12/2013 ; changed event from Withdrawal of Motion to Motion to Withdraw Document (asp). (Entered: 08/08/2013)	RECAP
89	Aug. 12, 2013	ORDER granting 86 Motion to Seal Document 81 Memorandum in Opposition to Motion. Signed by Magistrate Judge Brooke C. Wells on 08/12/2013. (asp) (Entered: 08/12/2013)	RECAP
90	Aug. 12, 2013	ORDER granting 88 Motion to Withdraw 85 MOTION to Strike 81 Memorandum in Opposition to Motion, and Memorandum in Support . Signed by Magistrate Judge Brooke C. Wells on 08/12/2013. (asp) (Entered: 08/12/2013)	RECAP
91	Aug. 16, 2013	REPLY to Response to Motion re 86 MOTION to Seal Document 81 Memorandum in Opposition to Motion,, filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Exhibit A - 8.6 email from Haws to Bowie, # 2 Exhibit B - 7.15 email from Haws to Bowie, # 3 Exhibit C - June 7 Letter from Bowie to Haws)(Bowie, Courtney) (Entered: 08/16/2013)	RECAP
92	Aug. 19, 2013	NOTICE of Appearance by Catherine L. Brabson on behalf of Christopher Burbank, Salt Lake City Police Department (Brabson, Catherine) (Entered: 08/19/2013)	RECAP
93	Aug. 22, 2013	NOTICE of Intent to Serve Subpoena by Christopher Burbank, Salt Lake City Police Department (Attachments: # 1 Exhibit A - Subpoena to State Defendants) (Haws, J.) (Entered: 08/22/2013)	RECAP
94	Aug. 29, 2013	ORDER granting 80 Motion to Withdraw as Attorney. Attorney Ayirini M. Fonseca-Sabune withdrawn from case for Plaintiffs. Signed by Magistrate Judge Brooke C. Wells on 8/29/13 (alt) (Entered: 08/29/2013)	RECAP
95	Aug. 30, 2013	Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bowie, Courtney) (Entered: 08/30/2013)	RECAP
96	Sept. 3, 2013	Stipulated MOTION for Extension of Time to File Response/Reply as to 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Haws, J.) (Entered: 09/03/2013)	RECAP
97	Sept. 3, 2013	ORDER granting 96 Motion for Extension of Time to File Response/Reply re 76 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Responses due by 9/20/2013. Signed by Magistrate Judge Brooke C. Wells on 9/3/13. (ss) (Entered: 09/03/2013)	RECAP
98	Sept. 5, 2013	NOTICE OF HEARING ON MOTION re: 73 MOTION to Compel Production of Documents and Memorandum in Support, 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support : Motion Hearing set for 9/19/2013 10:30 AM in Room 436 before Magistrate Judge Brooke C. Wells. The briefing schedule for 95 Plaintiffs' Motion to Quash Subpoena is set forth as follows:- Defendants' opposition is due on or before Friday September 13th- Plaintiffs' reply is due on or before Tuesday September 17th (Notice generated by chambers) (mjw) (Entered: 09/05/2013)	RECAP
99	Sept. 13, 2013	NOTICE of Withdrawal of Subpoena by Christopher Burbank, Salt Lake City Police Department (Brabson, Catherine) (Entered: 09/13/2013)	RECAP
100	Sept. 13, 2013	Defendant's MEMORANDUM in Opposition re 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Defendants Christopher Burbank, Salt Lake City Police Department. (Brabson, Catherine) (Entered: 09/13/2013)	RECAP
101	Sept. 17, 2013	REPLY to Response to Motion re 95 Plaintiff's MOTION to Quash Subpoena and Exclude Late Produced Documents from Briefing and Memorandum in Support filed by Plaintiffs Angelica Estrada, Gloria Urcino, Kevin Winston. (Attachments: # 1 Text of Proposed Order Amended Text of Proposed Order)(Bowie, Courtney) (Entered: 09/17/2013)	RECAP
102	Sept. 19, 2013	Minute Order. Proceedings held before Magistrate Judge Brooke C. Wells. Court heard from cnsl. Dft has until November 1, 2013 to comply with disclosures. Court ordered redaction for all individuals 25 years and older. Court also ordered production of discovery pertaining to stops for attorney eyes only. Both motions taken under advisement - 73 Motion to Compel and 95 Motion to Quash. Cnsl to submit a new briefing schedule and to submit a proposed scheduling order. Attorney for Plaintiff: Courtney Bowie, John Mejia, Attorney for Defendant J. Elizabeth Haws, Catherine Brabson, Kyle Kaiser, Heather White. Court Reporter: electronic.(Time Start: 10:42, Time End: 11:51, Room 436.) (mlp) (Entered: 09/20/2013)	RECAP

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Case Details

State / Territory:

Utah

Case Type(s):

Policing

Education

Key Dates

Filing Date: Dec. 13, 2012

Closing Date: April 11, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three parents on behalf of their minor children who were detained, interrogated, and photographed for inclusion in the gang database as part of the December 16, 2010 operation

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City

Salt Lake City Police Department

West Jordan Police Department

West Valley Police Department

School District

Salt Lake City School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

State Anti-Discrimination Law

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of Utah 2:12-cv-01134

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Confession of Judgment

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Amount Defendant Pays: $107,500

Issues

General/Misc.:

Disciplinary procedures

Education

Juveniles

Racial profiling

School/University policies

Discrimination Area:

Discipline

Disparate Treatment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Asian/Pacific Islander

Black

Recommended Citation

Case Summary of Winston v. Salt Lake City Police Department, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44001/ (last updated 3/23/2023).