Case 3:15-cv-00647-WKW-SRW Document 1 Filed 09/08/15 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF AL41A i/ D
NtmtcN DIVISION
2015 SEP-

D'ANGELO FOSTER and AMANDA UNDERWOOD, on behalf of themselves and those similarly situated,

DE3RA F Y .HITT. flLK
Case Nr$1 I • c--r4,,7—wKW

Plaintiffs,
V.
CITY OF ALEXANDER CITY and WILLIE ROBINSON, in his official and individual capacities,
Defendants.

COMPLAINT CLASS ACTION JURY TRIAL DEMANDED

I.

PRELIMINARY STATEMENT

1. Defendant City of Alexander City ("Alexander City") has maintained a modem-

day debtors' prison through its unconstitutional policy, practice, or custom of using its police

department to arrest and detain poor defendants who cannot pay fines and costs owed to the

Municipal Court. Defendant Alexander City, through the authorization or acquiescence of

Defendant Police Chief Willie Robinson, requires these individuals to remain in the city jail until

someone comes to pay on their behalf or until they "sit out" their time at a base rate of $20 per

day.

2. Plaintiffs were arrested and jailed under these policies, practices, or customs

simply because they did not have the money to secure their release. Each was given a sentence

of fines and costs only on their traffic tickets and misdemeanors, and each was immediately

arrested when they could not afford to pay in full that day. In taking away their liberty for days

or weeks, Defendants further destabilized Plaintiffs' lives by removing them from their jobs,

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their families, and their homes.

3. The actions of Defendant Alexander City and Defendant Robinson violate the

Fourth, Sixth, and Fourteenth Amendments to the U.S. Constitution. They further constitute

false imprisonment under Alabama law.

4. Over the past two years alone, this practice has affected over two hundred low-

income people who obtained traffic tickets or misdemeanors in Alexander City. Plaintiffs bring

these claims on their own behalf and on behalf of all others similarly situated who suffered under

these policies or will continue to suffer if these practices are not curtailed.

5. Plaintiffs seek damages for the harms that these policies and practices have

caused. They also seek injunctive and declaratory relief to prevent these practices from

continuing to harm them and others in their community.

II

JURISDICTION AND VENUE

6. Plaintiffs bring claims arising under 42 U.JS§.C1.983 and the U.S. Constitution,

which this Court has jurisdiction over pursuant to 28 U.S.C. § 1331 and 1343(a)(3). This Court

has supplemental jurisdiction over the state law cause of action asserted in this Complaint

pursuant to 28 U.S.C. § 1367.

7. Venue is proper pursuant to 28 U.S.C. § 1391(h)(2) because a substantial part of

the events and omissions giving rise to Plaintiffs' claims occurred in this District.

III.

PARTIES

A. Plaintiffs

8. Plaintiff D'Angelo Foster is a resident of Alexander City, Alabama.

9. 1PláintiffAmanda Underwood is a resident of Alexander City, Alabama.

B. Defendants

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10. Defendant City of Alexander City ("Alexander City") is a municipal corporation

located within Tallapoosa County, Alabama.

11. Defendant Willie Robinson is the Chief of Police of the Alexander City Police

Department. He has held this role Since July 8, 2013.

IV.

STATEMENT OF FACTS

A. Background on Defendants' Policies, Practices. or Customs

12. Alexander City is located in Tallapoosa County in Central Alabama. It has a

population of approximately 15,000 people. According to census data, almost 30% of the

population in Alexander City lives below the poverty level.

13. Defendant Alexander City operates a municipal court and municipal jail, both of

which are housed in the same building as the police station.

14. The Alexander City Municipal Court typically conducts judicial court

proceedings twice per month, on Thursday afternoons. Court generally commences at 1:00 pm,

and typically lasts a couple hours. Alexander City has appointed a single part-time judge, Judge

Randall Stark Haynes. As required by Alabama law, the city also contracts with attorneys to

serve as prosecutor and as appointed defense counsel.

15. The Alexander City Municipal Court is authorized to hear cases involving city

ordinance violations, including traffic tickets and misdemeanors, which occur within the city's

police jurisdiction.

16. Collections for fines and court costs are done through the clerks of Alexander

City Municipal Court.

17. If a person wishes to plead guilty before court, she may do so for charges that

have a pre-'set fine amount through the court clerk, whose office is generally open between 8 am

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+

and 5 pm each day. The court clerk requires immediate payment if pleading guilty. 18. If a person is assessed fines or costs in court by the judge, then the money owed is
generally to be paid that same day. The money is collected in a room located adjacent to the courtroom, behind the municipal judge's bench.
19. This back room where money is collected is not accessible to the public. 20. During court proceedings, there is generally no instruction, either to the courtroom as a whole or to individual defendants, about defendants' right to counsel, and no warnings are given regarding the waiver of those rights. 21. Counsel is not appointed in every case. If a monetary penalty is the only sentence being contemplated by the Judge, or if a suspended sentence with no immediate jail term is being contemplated by the Judge, counsel is not appointed. 22. During the court proceedings, the Municipal Court Judge does not assess a person's ability to pay. On rare occasion the Judge may order the fines and costs due on a later date, but generally when a person expresses that they cannot pay, the Judge's response is to tell them to discuss this in the back room. 23. For those who plead guilty or are found guilty and are assessed a monetary penalty, the Judge tells them after sentencing to go to the back room behind the judge's bench. 24. Once in the back room, persons must pay the full amount due before court ends for the day, which typically means before 3:00 pm, unless the Judge had previously ordered that the fill amount was due on a later date. Partial payments are not accepted. If they cannot pay the amount owed in full, they are instructed to sit and wait for an officer to take them to jail, which is located on the lower level of the building. 25. The Alexander City Chief of Police has implemented a policy or practice, or

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IE
consented to a custom whereby police officers arrest and detain all those who cannot pay, though there is no probable cause or arrest warrant to arrest these individuals.
26. Those who are unable to pay the fine in full are sent to jail after court ends that day, where they stay until they have either paid the court debt owed or sat in jail for a number of days that is based on the fine amount.
27. When a person is processed into the jail for their failure to pay fines and costs, an arrest report is created by the Alexander City Police Department. This arrest report typically states the reason for arrest as "Court Disposition"; typically includes a note of the amount of debt owed, such as "held from Court for $XXX Cash," where "XXX" is the amount owed; and typically notes in the release section either that the fine Was paid or that the required amount of time was, served.
28. The Alexander City Police Department maintains a log of those who are processed into the jail, the reason for their jailing, and the circumstances of their release. For those who are jailed because they cannot pay their fines and costs, the log typically states that the reason for incarceration is "Court XXX," where "XXX" represents the amount owed, or "Court Disposition."
29. Individuals are credited $20 per day in jail. Individuals who are appointed as trustees of the jail and do jobs such as laundry, repairs around the jail, cleaning offices, or washing police cars can earn another $20 per day.
30. For over a decade and likely much longer, Alexander City has had this policy, practice, or custom of arresting individuals who cannot pay in full on the date fines and costs are assessed, and jailing them until they sit out the amount owed.
31. Over the time period relevant to this Complaint, police officers of Alexander City
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implemented the policies or practices alleged in paragraph 30 pursuant to the authorization of Defendant Chief Robinson.
32. Over the time period relevant to this Complaint, Defendant Chief Robinson was aware Of the customs alleged in paragraph 30 and he acquiesced to this custom.
33. Defendants Alexander City and Chief Robinson also have a longstanding policy, practice, or distoth of jailing people who are unable to pay the assessed fines and costs in full,. despite the Defendants' clear knowledge that the persons being incarcerated have not been provided with or validly waived their right to counsel.
B. Factual Allegations Regarding the Plaintiffs i. Plaintiff D'Angelo Foster
34. Plaintiff D'Angelo Foster is a resident of Alexander City, where he lives with his mother, brother, and daughter. He works at a plant that manufactures car parts.
35. On July 24, 2014, Mr. Foster came to court for charges of driving under the influence, possession of drug paraphernalia, and possession of marijuana. He was .found not guilty on the possession of marijuana charge, and pled. guilty to the other two charges. He was sentenced to fines and costs totaling over $1,700.
36. He did not have an attorney appointed to represent him. He was not informed of his right to be represented by an attorney or have one appointed for him, and he did not waive this right.
37. After getting his sentence, he was told to go into the back room. 38. He spoke with a Court Referral Officer, who had him fill out paperwork and told him about his required classes and appointments. He was required to take substance abuse classes and report for drug testing monthly.

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39. Mr. Foster had saved for his court hearing and brought $800 to court thinking that this would cover his charges. He learned that partial payments Were unacceptable. He remained in the back room until police officers took him and approximately ten others downstairs to the jail.
40. The pOlice department completed an arrest report for Mr. FOster on the day he was jailed. The narrative contained in the police department's arrest report from that day states only, "Held from Court for $1784.00 Cash," and notes a charge of "Court Disposition."
41. Iti the jail log, the police department noted that the reason for Mr. Foster's incarceration was "Court 1784."
42. No representative of the city told him how long Mr. Foster would be in jail when they arrested and booked him into jail. Later, he learned that he would be in jail until his fines and costs were paid off, and that he would receive a credit towards his fines and costs of $20 per day, or $40 per day if he became a "trustee."
43. Only a few people at a time are permitted to be trustees of the jail. Mr. Foster applied and was selected as one during his second week of jail. He was instructed to do whatever jobs officers asked him to do, including laundry, cleaning the jail facilities, and washing officer's police cars.
44. Mr. Foster was finally released on August 28, 2014, 35 days after he was initially sentenced to a fine and costs and then jailed for not being able to pay that amount.
45. In his arrest report, his release details say "Time Served per LL Easterwood." 46. Mr. Foster lost his job when he could not report to work during his jailing. He had been working at a company that manufactured car parts, and over the two years he worked there he received a series of promotions that increased his wages to $10.50 per hour.
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47. Mr. Foster was unable to regain his previous job, and could not find another job until he was hired through a staffing agency as a temporary worker at a different company. He ended up doing the same type of work, but for $8.00 per hour—$2.50 per hour less than he was previously earning for the same work before he was jailed.
48. Without a job or any way to make money, he fell behind On child support during the time he was in jail and accrued additional interest on the balance he already owed.
49. Mr. Foster was also required to pay $395 to take four classes with the Court Referral Officer and pay $55 for each of six monthly drug test appointment, as well as a $10 fee each time he had to reschedule. He had his final appointment in August 2015.
iii. Plaintiff Amanda Underwood 50. Plaintiff Artianda Underwood is a resident of Alexander City. She is a mother of five children who currently live in Alexander City with her ex-husband. She works at a fast food restaurant in town. 51. On April 24, 2014, she appeared in Alexander City Municipal Court. 52. Ms. Underwood was not offered an attorney or advised of her right to have one appointed, and did not knowingly, voluntarily, or intelligently waive her right to counsel. 53. Ms. Underwood pled guilty to a traffic violation and received a sentence of a monetary penalty. 54. Ms. Underwood went to the back room and was booked into jail. Her partner and the father of her two youngest children, David Kauffman, also was booked into jail that day as he, too, was unable to pay his fines and costs. Ms. Underwood was desperate to get out because nobody was available to take care of their two young children, and it was her son's second birthday. She called her ex-husband to borrow money. They were able to borrow and pay the
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total owed— $205 for Ms. Underwood and $455 for Mr. Kaufmann—and were released that day.
55. Because Ms. Underwood was processed into the jail, an arrest report was completed, which states that she was arrested fora charge of "Court Disposition," notes that she was "Held from Court $205.00 fine," and explains that she was released for "Fines paid."
56. Ms. Underwood appeared again in court on June 25, 2015 for a traffic ticket. 57. Ms. Underwood was not offered an attorney or advised of her right to have one appointed, and did not knowingly, voluntarily, or intelligently waive her right to counsel. 58. Ms. Underwood pled guilty to the traffic ticket, and was assessed a monetary penalty of approximately $250. 59. She went into the back room but could not pay. She had no money to pay because she had been unable to find a job at the time. She was arrested and taken to jail. 60. The police department completed an arrest report for Ms. Underwood on the day she was jailed. The arrest report states that she was arrested with a charge of "Court Disposition," and notes that shewãs being "Held from Court for $230.00 Cash." 61. 1 In the jail log,, the police department noted that the reason for Ms. Underwood's incarceration was "Court Disposition." 62. No representative of the City told her how long she would be in jail when they arrested and booked her into jail. Ms. Underwood had to ask a correctional officer to find out how long she would be in jail. 63. Because she had been in jail for nonpayment previously, she knew to request and complete a trustee application immediately so that she could earn an extra $20 per day towards her fines. She became a trustee soon thereafter.

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64. As a trustee, she washed police cars and cleaned the cells, bathrooms, and

officers' break room.

65. She stayed in jail for five days, and was finally released on June 30, 2015.

66. The arrest report notes that she was released for "Time Served per Lt

Easterwood," and the jail log says "T/S," which is an abbreviation for "Time Served."

67. The police department also sent a letter from Lt. James Easterwood, Jail

Administrator, to the Municipal Court Clerk and Judge, saying that Ms. Underwood "[s]erved 06

days on $230 fine from Municipal Court." 68. Ms. Underwood was recentlygiven a ticket for driving with a Suspended license

when she borrowed her friend's car in order to pick up food for her friend's children. She was

told to appear in court on October 1, 2015.

69. Ms. Underwood fears being jailed once again because she does not believe she

will have enough money to pay for this ticket. She earns minimum wage at the restaurant chain

and receives social security disability income. However, her income is minimal and insufficient

to cover her current expenses, as she is facing garnishment from the New Jersey Department of

Human Services (DHS), where she and her ex-husband formerly lived. Because of her limited

funds, M.S. Underwood has been unable to turn the water back on in her home, and she walks two

hours each way to work since she has no means of paying for a car, gas money, or even a

bicycle.

V.

CLASS ALLEGATIONS

70. Plaintiff Underwood seeks class certification pursuant to Fed. R. Civ. P. 23(a) and

(b)(2), related to Claims One, Two, and Three, on behalf of a class referred to herein as the

"Declaratory and Injunctive Relief Class." This class is defined as: All individuals who in the

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future will be adjudicated by the Alexander City Municipal Court to owe fines and/or court costs, and who will be jailed on that date of adjudication by the Alexander City Police Department for their failure to pay fines or court costs.
71. Plaintiffs Underwood and Foster seek class certification pursuant to Fed. R. Civ. P. 23(a) and (b)(3) related to Claims One, Two, Three, and Four, on behalf of a class referred to herein as the "Damages Class." This class is defined as: All individuals who, on or after September 8, 2013, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department.
72. Rule 23(a)(1), Numerosity: The precise size of both classes is unknown by Plaintiffs but is or will in the future be in the hundreds. Both classes are comprised of lowincome individuals who were or will be incarcerated because they could not afford to pay the full fines and costs they owed. Joinder of every class member would be impracticable.
73. Rule 23(a)(2), Commonality: Plaintiffs for both classes raise claims based on questions of law and fact that are common to and typical of the putative class members.
74. Questions of fact common to the classes include: a. Whether Alexander City has a policy, practice, or custom of arresting
those who cannot pay fines and costs and converting those unpaid monetary sentences to jail time;
b. Whether Alexander City has a policy, practice, or custom of not informing individuals who will be incarcerated of their right to counsel, appointing counsel on their behalf, or obtaining a knowing, intelligent, and voluntary waiver of counsel;
C. Whether the Alexander City Police Department has a policy, practice, or custom of arresting and incarcerating individuals without probable cause when those individuals
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cannot pay the money owed to the court; and d. Whether Alexander City has a policy, practice, or custom of having
debtors serve out their debts in the City jail at a rate of $20 or $40 per day; and 75. Questions of law common to the classes include: a. Whether individuals are entitled to a hearing into their ability to pay
before being jailed by Alexander City Police Department for nonpayment of debts; b. Whether individuals who cannot afford to pay Alexander City are entitled
to consideration of alternatives to incarceration before being jailed for non-payment of debts; c. Whether individuals who cannot afford legal representation are entitled to
the appointment of and representation by a lawyer in proceedings initiated and litigated by Alexander City that result in incarceration;
d. Whether arrests of individuals who, cannot afford to pay debts owed to Alexander City Municipal Court are unlawful seizures;
C. Whether injunctive and declaratory relief is appropriate for the Declaratory and Injunctive Relief Class and, if so, what the terms of such relief should be; and
f. Whether damages are appropriate for the Damages Class and, if so, what the terms of such relief should be.
76. Rule 23(a)(3), Typicality: The claims of Plaintiffs Foster and Underwood are typical of those asserted on behalf of the proposed class. The injuries of Plaintiffs Foster and Underwood and the proposed class all arise out of the same policies and practices of Defendant Alexander City and Defendant Robinson.
77. Rule 23(a)(4), Adequacy: Plaintiffs Foster and Underwood will fairly and adequately protect the interests of the proposed classes. Plaintiffs are represented by attorneys
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from the Southern Poverty Law Center, who have experience in class-action litigation involving

civil rights law, as well as experience litigating policies and practices in municipal courts that are

unconstitutional. Counsel has the resources, expertise, and experience to prosecute this action.

Counsel knows of no conflict among members of the proposed classes.

78. Rule 23(b)(2): Each of the Defendants has acted on grounds generally applicable

to the Declaratory and Injunctive Relief Class, making declaratory and injunctive relief with

respect to the class as a whole appropriate and necessary. Defendants have acted pursuant to the

unlawful policies and practices at issue in this case and identified-in this Complaint.

79. Rule 23(b)(3): The common questions of fact and law predominate over the

questions of law and fact affecting individual members, and a class action is a superior method to

adjudicate these claims, making it appropriate to decide the damages claims through the class

mechanism. Particularly, the factual and legal questions surrounding the general policies and

practices of Alexander City apply equally to all members of the Damages Class. Furthermore,

class members have little ability to pursue these claims individually, and it would be in the

interest of judicial economy to adjudicate the constitutionality of Alexander City's policies and

practices in one proceeding.

VI.

CLAIMS-FOR-RELIEF

FIRST CLAIM FOR RELIEF Fourteenth Amendment to the U.S. Constitution All Named Plaintiffs and Damages Class vs. All Defendants in All Capacities; and Plaintiff Underwood and Declaratory and Injunctive Relief Class vs Defendant City of Alexander City and Chief Robinson in his official capacity only

80. Plaintiffs re—allege and incorporate by reference each and every allegation

contained in Paragraphs 1 to 79 as if fully set forth herein.

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81. Plaintiffs Foster and Underwood, and those similarly situated, have been jailed because of their inability to pay the fines and costs in full on the day they received their monetary sentence.
82. The Fourteenth Amendment due process and equal protection clauses prohibit automatically converting a fine-only sentence to a sentence of imprisonment if that person is unable to pay.
83. Defendant Alexander City has a policy, practice, or custom, enforced through the authorization or acquiescence of Defendant Chief Robinson, of jailing those who are sent to the back room with orders to pay fines and costs and who do not pay the amount ordered in full.
84. Defendants Alexander City and Chief Robinson were acting and will be acting under color of law when their actions caused Plaintiffs' confinement.
85. Plaintiff Underwood, and those similarly situated, will be subject to confinement and imminent injury in the future if Defendants' policies, practices, and customs are not enjoined.
86. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual and official capacities.
87. Plaintiff Underwood, on behalf of herself and the Declaratory and Injunctive Relief Class, seeks a declaration and injunction to prevent future injury against Defendant City of Alexander City and Defendant Chief Robinson in his official capacity.
88. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
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SECOND CLAIM FOR RELIEF Fourth Amendment to the U S Constitution All Named Plaintiffs and Damages Class vs. All Defendants in 411 Capacities; and Plaintiff Underwood and Declaratory and Injunctive Relief Class vs. Defendant City of Alexander City and Chief Robinson in his official capacity only 89. Plaintiffs re-allege and incorporate by reference each and every allegation contained in paragraphs 1 to 79 as if fully set forth herein. 90. Defendant Alexander City has a policy, practice, or custom enforced through the authonzation or acquiescence of Defendant Chief Robinson, of arresting and detaining individuals who are unable to pay court fines and costs in full on the day they receive their sentence. 91. These arrests are conducted without a warrant or probable cause. 92. The Fourth Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. 93. The warrantless arrests and subsequent detention of Plaintiffs by Defendants constituted an unlawful search and seizure in violation of the Fourth Amendment to the U.S. Constitution. 94. Defendants Alexander City and Chief Robinson were acting and will be acting under color of law when their actions caused plaintiffs' arrests and detention. 95. Plaintiff Underwood, and those similarly situated, will be subject to warrantless arrests, confinement, and imminent injury in the future if Defendant's policies, practices, and customs are not enjoined. 96. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual and official capacities.
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97. Plaintiff Underwood, on behalf of herself and the Declaratory and Injunctive Relief Class, seeks' a declaration and injunction to prevent future injury against Defendant City of Alexander City and Defendant Chief Robinson in his official capacity.
98. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
THIRD CLAIM FOR RELIEF Sixth Amendment to U.S. Constitution All Named Plaintiffs and Damages Class vs. Defendant City ofAlexander City; and Plaintiff Underwood and Declaratory and Injunctive Relief Class vs. Defendant City of
Alexander City 99. Plaintiffs re—allege and incorporate by reference each and every allegation contained in Paragraphs 1 to 79 as if fully set forth herein. 100. Plaintiffs were each jailed because of fines and costs owed to Defendant Alexander City that they were unable to pay in full on the date the fines and costs were assessed. 101. Defendant Alexander City calculated Plaintiffs' jail time using a formula based on the amount of money that they owed in fines and costs. 102. Plaintiffs were not represented by counsel when the fines and costs were assessed. 103. Defendant Alexander City violated Plaintiffs' rights under the Sixth Amendment to the U.S. Constitution by jailing Plaintiffs without informing Plaintiffs of their right to counsel, appointing counsel on their behalf, of obtaining a knowing, intelligent, and voluntary waiver of counsel. 104. Plaintiff Underwood, and those similarly situated, will be subject to future imprisonment without the benefit of counsel if Defendant's practices are not enjoined. 105. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City.
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106. Plaintiff Underwood, on behalf of herself and the Declaratory and Injunctive Relief Class, seeks a declaration and injunction to prevent future injury against Defendant City of Alexander City.
107. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
FOURTH CLAIM FOR RELIEF Tort of False Imprisonment
All Named Plaintiffs and Damages Class vs. All Defendants in All Capacities 108. Plaintiffs re-allege and incorporate by reference each and every allegation contained in paragraphs 1 to 79 as if fully set forth herein. 109. Plaintiffs were arrested for being too poor to pay court costs and fines in full on the day they received their sentence. 110. Plaintiffs were arrested by law enforcement officers employed by Defendant Alexander City. 111. Plaintiffs' arrests were conducted without a warrant or probable cause in violation of Alabama law. 112. Defendant Alexander City's employees, acting within the scope of their employment as Alexander City police officers, caused Plaintiffs to be detained, restrained, and imprisoned due to the neglect, carelessness, or unskillfulness of these police officers. 113. Defendant Chief Robinson caused Plaintiffs to be detained, restrained, and imprisoned through his orders to subordinate police officers. 114. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual capacity.
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VII. PRAYER-FOR-RELIEF

WHEREFORE, Plaintiffs respectfully pray that the Court grant the following relief:

a. Assume jurisdiction over this action;

Certify two classes under Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of

Civil Procedure, represented by Plaintiff Underwood related to the declaratory and injunctive

relief requested in Claims One through Three, and represented by Plaintiffs Foster and

Underwood related to the request for damages in Claims One through Four;

C. Grant declaratory and injunctive relief against Defendant City of Alexander City

and Defendant Chief Robinson in his official capacity;

d. Award compensatory damages against all Defendants;

C. Award punitive damages against Defendant Chief Robinson in his individual

capacity;

f. Award Plaintiffs costs, including attorneys' fees, as the prevailing party; and

g. Order such other relief as the Court deems just and appropriate.

JURY TRIAL IS DEMANDED ON DAMAGES FOR CLAIMS ONE THROUGH FOUR.

DATED this 8th day of September, 2015

Respectfully submitted,

Samuel Brooke (ASB-1 172-L60B) Sara Zampierin (ASB-1695-S34H) ValePtina Restrepo (ASB-7422-167Z) SOUTHERN POVERTY LAW CENTER 400 Washington Avenue Montgomery, Alabama 36104 Telephone: (334) 9564200 Fax: (334) 956-8481 samuel.brookesplcenter.org sara.zampierinsplcenter.org valentina.restreposplcenter.org
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that arrangements have been made to, on this date, deliver a true and correct copy of the foregoing by hand delivery to the following parties, at the below addresses: Harriet Scott City of Alexander City Clerk 4 Court Square Alexander City, AL 35011 Chief Willie Robinson Alexander City Police Department 1 Court Square Alexander City, AL, 35010 Formal proof of service will be filed with the Court when completed. I further certify that arrangements have been made to, on this date, deliver a true and correct courtesy copy of the foregoing by electronic mail to the City Attorney for Alexander City at the below address: Larkin Radney BARNES & RADNEY, P.C. P.O. Drawer 877 Alexander City, AL 35011-0877 lradney@barnesandradney.com I so certify this 8th day of September, 2015.
Samuel Brooke
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Case 3:15-cv-00647-WKW-SRW Document 4 Filed 09/08/15 Page 1 of 4

IN THE UNITED STATES DISTRICTCQLT FOR THE MIDDLE DISTRICT OF ALABAMA 'V
N44€N DIVISION

71115 SEP ..O AID:15

D'ANGELO FOSTER, etal.,

DE5'R/\

Plaintiffs,

Case1D3'.

kt"

V.

CITY OF ALEXANDER CITY, et ül.,

Defendants.

PLAINTIFF UNDERWOOD'S MOTION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION Plaintiff Ms. Amanda Underwood, on behalf of herself and a class of similarly situated individuals, referred to in the Complaint as the Declaratory and Injunctive Relief Class, hereby submit this motion for temporary restraining order and/or preliminary injunction pursuant to Rule 65(b) Or (a) of the Federal Rules of Civil Procedure. Through this Motion, Plaintiff seeks an expeditious order directing Defendants City of Alexander city and Chief Willie Robinson, of the Alexander City Police Department, to refrain from enforcing a policy, practice, or custom of Alexander City to jail persons who are not able to pay in full their traffic or misdemeanor fines, and related court costs, on the date of their adjudication. Plaintiff Underwood and the putative class require a temporary restraining order, or an expedited preliminary injunction, to be entered before October 1, 2015. This is the date that the Alexander City Municipal Court will next hear cases, and Ms. Underwood and the putative class members will next be exposed to Alexander City's illegal policy. Ms. Underwood has a traffic ticket set for October 1, for which she will be pleading guilty. She will not be able to pay the monetary penalty in full on that date and therefore will be jailed pursuant to Alexander City's

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policy, practice, or custom, as she has been in the past. As detailed in Plaintiff's accompanying Memorandum, if a temporary restraining order
and/or expedited preliminary injunction order does not issue, Plaintiff Underwood and the putative Declaratory and Injunctive Relief Class will suffer irreparable injury, including the loss of their liberty. Plaintiff Underwood and the putative class are likely to prevail on the merits of their claims that Defendants' conduct violates the U.S. Constitution; specifically, that Defendants' policy, practice, or custom violates her and putative class members' rights under the Foutteenth Amendment to the U.S. Constitution because the incarceration is occurring without any assessment of the person's ability to pay; the Fourth Amendment because the incarceration is occurring without probable cause of any criminal activity; and the Sixth Amendment because the jail sentence is occtirriiig as a direct result of a monetary' sentence that was imposed without the provision or waiver of counsel. The threatened injury to Plaintiff Underwood and the class outweighs whatever damage a temporary or preliminary injunction may cause the Defendants; and the injunction would not be adverse to the public interest.
Plaintiff Underwood is filing this Motion concurrently with the Complaint and Plaintiff Underwood's Motion for Class Certification of a Plaintiff Rule (b)(2) Class. Plaintiffs' counsel will arrange for hand delivery on September 8, 2015, of each of these pleadings on Defendants, and will provide electronic service on the City of Alexander City's counsel.
The issuance of a temporary restraining order without a hearing is appropriate pursuant to Rule 65(b)(1) of the Federal Rules of Civil Procedure. As shown in the accompanying declarations from Plaintiff Underwood and Plaintiff Foster, and Mr. Luther DeWayne Nichols, and the evidence attached to the declaration of Samuel Brooke, immediate and irreparable harm will result to all putative class members in the absence of an injunction enjoining Defendants
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from enforcing their policy, practice, or custom of jailing those who cannot pay their monetary

penalties in full. Fed. R. Civ. P. 65(b)(1)(A). Although not required for immediate ex parte

relief under Rule 65(b)(1), Defendants will be notified by hand delivery of the filing of this

action and Motion on September 8, 2015. Fed. R. Civ. P. 65(b)(1)(B).

However, Plaintiff Underwood would also welcome an expedited contested hearing on

the instant motions. In the event that the Court determines a hearing is necessary, Plaintiffs

request that the Court schedule the hearing as promptly as possible and sufficiently in advance of

the next court date of the Alexander City Municipal Court, which is on October 1, 2015, such

that this Court may resolve the instant Motion (and Plaintiff Underwood's Motion for Class

Certification of a Plaintiff (b)(2) Class, which is being filed contemporaneously) prior to that

date.

For the foregoing reasons, and as set forth in the accompanying Memorandum, this

Motion for Temporary Restraining Order and/or Preliminary Injunction should be granted.

Dated: September 8, 2015

Respectfully submitted,

Samuel Brooke (ASB-1 172-L60B) Sara Zampierin (ASB- 1 695-S34H) Valentina Restrepo (ASB-7422-167Z) SOUTHERN POVERTY LAW CENTER 400 Washiiigton Avenue Montgomery, Alabama 36104 Telephone: (334) 956-8200
Fax: (334)956-8481
samuel.brooke@splcenter.org sara.zampierin@splcenter.org ,Valentina.restrepo@splcenter.org
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that arrangements have been made to, on this date, deliver a true and correct copy of the foregoing by hand delivery to the following parties, at the below addresses: Harriet Scott City of Alexander City. Clerk 4 Court Square Alexander City, AL 35011 Chief Willie Robinson Alexander City Police Department 1 Court Square Alexander City, AL 35010 Formal proof Of service will be filed with the Court when completed. I further certify that arrangements have been made to, on this date, deliver a true and correct courtesy copy of the foregoing by electronic mail to the City Attorney for Alexander City at the below address: Larkin Radney BARNES & RADNEY, P.C. P.O. Drawer .877 Alexander City, AL 35011-087 lradney@barnesandradney.com I so certify this 8th day of September, 2015.
Samuel Brooke
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 Case 3:15-cv-00647-WKW-GMB Document 36 Filed 12/01/15 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

D’ANGELO FOSTER and AMANDA UNDERWOOD, on behalf of themselves and those similarly situated,
Plaintiffs,
v.
CITY OF ALEXANDER CITY and WILLIE ROBINSON, in his official and individual capacities,
Defendants.

Case No. 3:15-cv-647-WKW-GMB FIRST AMENDED COMPLAINT
CLASS ACTION JURY TRIAL DEMANDED

I.

PRELIMINARY STATEMENT

1. Defendant City of Alexander City (“Alexander City”) has maintained a modern-

day debtors’ prison through its unconstitutional policy, practice, or custom of using its police

department to arrest and detain poor defendants who cannot pay fines and costs owed to the

Municipal Court. Defendant Alexander City, through the authorization or acquiescence of

Defendant Police Chief Willie Robinson, required these individuals to remain in the city jail until

someone came to pay on their behalf or until they “sat out” their time at a base rate of $20 per

day.

2. Plaintiffs were arrested and jailed under these policies, practices, or customs

simply because they did not have the money to secure their release. Each was given a sentence

of fines and costs only on their traffic tickets and misdemeanors, and each was immediately

arrested when they could not afford to pay in full that day. In taking away their liberty for days

or weeks, Defendants further destabilized Plaintiffs’ lives by removing them from their jobs,

Case 3:15-cv-00647-WKW-GMB Document 36 Filed 12/01/15 Page 2 of 18

their families, and their homes.

3. The actions of Defendant Alexander City and Defendant Robinson violate the

Fourth, Sixth, and Fourteenth Amendments to the U.S. Constitution. They further constitute

false imprisonment under Alabama law.

4. Over the past two years alone, this practice has affected over two hundred low-

income people who obtained traffic tickets or misdemeanors in Alexander City. Plaintiffs bring

these claims on their own behalf and on behalf of all others similarly situated who suffered under

these policies.

5. Plaintiffs seek damages for the harms that these policies and practices have

caused.

II.

JURISDICTION AND VENUE

6. Plaintiffs bring claims arising under 42 U.S.C. § 1983 and the U.S. Constitution,

which this Court has jurisdiction over pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). This Court

has supplemental jurisdiction over the state law cause of action asserted in this Complaint

pursuant to 28 U.S.C. § 1367.

7. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of

the events and omissions giving rise to Plaintiffs’ claims occurred in this District.

III. PARTIES

A. Plaintiffs

8. Plaintiff D’Angelo Foster was during the times relevant to this pleading a resident

of Alexander City, Alabama.

9. Plaintiff Amanda Underwood was during the times relevant to this pleading a

resident of Alexander City, Alabama.

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B. Defendants

10. Defendant City of Alexander City (“Alexander City”) is a municipal corporation

located within Tallapoosa County, Alabama.

11. Defendant Willie Robinson is the Chief of Police of the Alexander City Police

Department. He has held this role since July 8, 2013.

IV.

STATEMENT OF FACTS1

A. Background on Defendants’ Policies, Practices, or Customs

12. Alexander City is located in Tallapoosa County in Central Alabama. It has a

population of approximately 15,000 people. According to census data, almost 30% of the

population in Alexander City lives below the poverty level.

13. Defendant Alexander City operates a municipal court and municipal jail, both of

which are housed in the same building as the police station.

14. The Alexander City Municipal Court typically conducts judicial court

proceedings twice per month, on Thursday afternoons. Court generally commences at 1:00 pm,

and typically lasts a couple hours. Alexander City has appointed a single part-time judge, Judge

Randall Stark Haynes. As required by Alabama law, the city also contracts with attorneys to

serve as prosecutor and as appointed defense counsel.

15. The Alexander City Municipal Court is authorized to hear cases involving city

ordinance violations, including traffic tickets and misdemeanors, which occur within the city’s

police jurisdiction.

16. Collections for fines and court costs are done through the clerks of Alexander

1 These allegations describe factual circumstances as they existed as of the date Plaintiffs’ complaint was originally filed, on September 8, 2015.

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City Municipal Court. 17. If a person wishes to plead guilty before court, she may do so for charges that
have a pre-set fine amount through the court clerk, whose office is generally open between 8 am and 5 pm each day. The court clerk requires immediate payment if pleading guilty.
18. If a person is assessed fines or costs in court by the judge, then the money owed is generally to be paid that same day. The money is collected in a room located adjacent to the courtroom, behind the municipal judge’s bench.
19. This back room where money is collected is not accessible to the public. 20. During court proceedings, there is generally no instruction, either to the courtroom as a whole or to individual defendants, about defendants’ right to counsel, and no warnings are given regarding the waiver of those rights. 21. Counsel is not appointed in every case. If a monetary penalty is the only sentence being contemplated by the Judge, or if a suspended sentence with no immediate jail term is being contemplated by the Judge, counsel is not appointed. 22. During the court proceedings, the Municipal Court Judge does not assess a person’s ability to pay. On rare occasion the Judge may order the fines and costs due on a later date, but generally when a person expresses that they cannot pay, the Judge’s response is to tell them to discuss this in the back room. 23. For those who plead guilty or are found guilty and are assessed a monetary penalty, the Judge tells them after sentencing to go to the back room behind the judge’s bench. 24. Once in the back room, persons must pay the full amount due before court ends for the day, which typically means before 3:00 pm, unless the Judge had previously ordered that the full amount was due on a later date. Partial payments are not accepted. If they cannot pay
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the amount owed in full, they are instructed to sit and wait for an officer to take them to jail, which is located on the lower level of the building.
25. Those who are unable to pay the fine in full are sent to jail after court ends that day, where they stay until they have either paid the court debt owed or sat in jail for a number of days that is based on the fine amount.
26. When a person is processed into the jail for their failure to pay fines and costs, an arrest report is created by the Alexander City Police Department. This arrest report typically states the reason for arrest as “Court Disposition”; typically includes a note of the amount of debt owed, such as “held from Court for $XXX Cash,” where “XXX” is the amount owed; and typically notes in the release section either that the fine was paid or that the required amount of time was served.
27. The Alexander City Police Department maintains a log of those who are processed into the jail, the reason for their jailing, and the circumstances of their release. For those who are jailed because they cannot pay their fines and costs, the log typically states that the reason for incarceration is “Court XXX,” where “XXX” represents the amount owed, or “Court Disposition.”
28. Individuals are credited $20 per day in jail. Individuals who are appointed as trustees of the jail and do jobs such as laundry, repairs around the jail, cleaning offices, or washing police cars can earn another $20 per day.
29. For over a decade and likely much longer, Alexander City has had this policy, practice, or custom of arresting individuals who cannot pay in full on the date fines and costs are assessed, and jailing them until they sit out the amount owed or pay off the amount in full.
30. Over the time period relevant to this Complaint, police officers of Alexander City
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implemented the policies or practices alleged in paragraph 29 pursuant to the authorization of Defendant Chief Robinson.
31. Over the time period relevant to this Complaint, Defendants Alexander City and Chief Robinson were aware of the policy, practice, or custom alleged in paragraph 29 and acquiesced to this policy, practice, or custom; failed to correct this policy, practice, or custom; or acted with deliberative indifference to this policy, practice, or custom.
32. Defendants Alexander City and Chief Robinson also have a longstanding policy, practice, or custom of jailing people who are unable to pay the assessed fines and costs in full, despite the Defendants’ clear knowledge that the persons being incarcerated have not been provided with or validly waived their right to counsel.
33. Over the time period relevant to this Complaint, Defendants Alexander City and Chief Robinson were aware of the policy, practice, or custom alleged in paragraph 32 and acquiesced to this policy, practice, or custom; failed to correct this policy, practice, or custom; or acted with deliberative indifference to this policy, practice, or custom.
B. Factual Allegations Regarding the Plaintiffs i. Plaintiff D’Angelo Foster
34. Plaintiff D’Angelo Foster is a resident of Alexander City, where he lives with his mother, brother, and daughter. He works at a plant that manufactures car parts.
35. On July 24, 2014, Mr. Foster came to court for charges of driving under the influence, possession of drug paraphernalia, and possession of marijuana. He was found not guilty on the possession of marijuana charge, and pled guilty to the other two charges. He was sentenced to fines and costs totaling over $1,700.
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36. He did not have an attorney appointed to represent him. He was not informed of his right to be represented by an attorney or have one appointed for him, and he did not waive this right.
37. After getting his sentence, he was told to go into the back room. 38. He spoke with a Court Referral Officer, who had him fill out paperwork and told him about his required classes and appointments. He was required to take substance abuse classes and report for drug testing monthly. 39. Mr. Foster had saved for his court hearing and brought $800 to court, thinking that this would cover his charges. He learned that partial payments were unacceptable. He remained in the back room until police officers took him and approximately ten others downstairs to the jail. 40. The police department completed an arrest report for Mr. Foster on the day he was jailed. The narrative contained in the police department’s arrest report from that day states only, “Held from Court for $1784.00 Cash,” and notes a charge of “Court Disposition.” 41. In the jail log, the police department noted that the reason for Mr. Foster’s incarceration was “Court 1784.” 42. No representative of the city told him how long Mr. Foster would be in jail when they arrested and booked him into jail. Later, he learned that he would be in jail until his fines and costs were paid off, and that he would receive a credit towards his fines and costs of $20 per day, or $40 per day if he became a “trustee.” 43. Only a few people at a time are permitted to be trustees of the jail. Mr. Foster applied and was selected as one during his second week of jail. He was instructed to do
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whatever jobs officers asked him to do, including laundry, cleaning the jail facilities, and washing officer’s police cars.
44. Mr. Foster was finally released on August 28, 2014, 35 days after he was initially sentenced to a fine and costs and then jailed for not being able to pay that amount.
45. In his arrest report, his release details say “Time Served per Lt. Easterwood.” 46. Mr. Foster lost his job when he could not report to work during his jailing. He had been working at a company that manufactured car parts, and over the two years he worked there he received a series of promotions that increased his wages to $10.50 per hour. 47. Mr. Foster was unable to regain his previous job, and could not find another job until he was hired through a staffing agency as a temporary worker at a different company. He ended up doing the same type of work, but for $8.00 per hour—$2.50 per hour less than he was previously earning for the same work before he was jailed. 48. Without a job or any way to make money, he fell behind on child support during the time he was in jail and accrued additional interest on the balance he already owed. 49. Mr. Foster was also required to pay $395 to take four classes with the Court Referral Officer and pay $55 for each of six monthly drug test appointment, as well as a $10 fee each time he had to reschedule. He had his final appointment in August 2015.
iii. Plaintiff Amanda Underwood 50. Plaintiff Amanda Underwood is a resident of Alexander City. She is a mother of five children. She works at a fast food restaurant in town. 51. On April 24, 2014, she appeared in Alexander City Municipal Court. 52. Ms. Underwood was not offered an attorney or advised of her right to have one appointed, and did not knowingly, voluntarily, or intelligently waive her right to counsel.
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53. Ms. Underwood pled guilty to a traffic violation and received a sentence of a monetary penalty.
54. Ms. Underwood went to the back room and was booked into jail. Her partner and the father of her two youngest children, David Kauffman, also was booked into jail that day as he, too, was unable to pay his fines and costs. Ms. Underwood was desperate to get out because nobody was available to take care of their two young children, and it was her son’s second birthday. She called her ex-husband to borrow money. They were able to borrow and pay the total owed— $205 for Ms. Underwood and $455 for Mr. Kaufmann—and were released that day.
55. Because Ms. Underwood was processed into the jail, an arrest report was completed, which states that she was arrested for a charge of “Court Disposition,” notes that she was “Held from Court $205.00 fine,” and explains that she was released for “Fines paid.”
56. Ms. Underwood appeared again in court on June 25, 2015 for a traffic ticket. 57. Ms. Underwood was not offered an attorney or advised of her right to have one appointed, and did not knowingly, voluntarily, or intelligently waive her right to counsel. 58. Ms. Underwood pled guilty to the traffic ticket, and was assessed a monetary penalty of approximately $250. 59. She went into the back room but could not pay. She had no money to pay because she had been unable to find a job at the time. She was arrested and taken to jail. 60. The police department completed an arrest report for Ms. Underwood on the day she was jailed. The arrest report states that she was arrested with a charge of “Court Disposition,” and notes that she was being “Held from Court for $230.00 Cash.”
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61. In the jail log, the police department noted that the reason for Ms. Underwood’s

incarceration was “Court Disposition.”

62. No representative of the City told her how long she would be in jail when they

arrested and booked her into jail. Ms. Underwood had to ask a correctional officer to find out

how long she would be in jail.

63. Because she had been in jail for nonpayment previously, she knew to request and

complete a trustee application immediately so that she could earn an extra $20 per day towards

her fines. She became a trustee soon thereafter.

64. As a trustee, she washed police cars and cleaned the cells, bathrooms, and

officers’ break room.

65. She stayed in jail for five days, and was finally released on June 30, 2015.

66. The arrest report notes that she was released for “Time Served per Lt

Easterwood,” and the jail log says “T/S,” which is an abbreviation for “Time Served.”

67. The police department also sent a letter from Lt. James Easterwood, Jail

Administrator, to the Municipal Court Clerk and Judge, saying that Ms. Underwood “[s]erved 06

days on $230 fine from Municipal Court.”

68. Ms. Underwood was recently given a ticket for driving with a suspended license

when she borrowed her friend’s car in order to pick up food for her friend’s children. She was

told to appear in court on October 1, 2015.

V.

CLASS ALLEGATIONS

69. Plaintiffs Underwood and Foster seek class certification pursuant to Fed. R. Civ.

P. 23(a) and (b)(3) related to Claims One, Two, Three, and Four, on behalf of a class referred to

herein as the “Damages Class.” This class is defined as: All individuals who, on or after

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September 8, 2013, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department.
70. Rule 23(a)(1), Numerosity: The precise size of the class is unknown by Plaintiffs but is in the hundreds. The class is comprised of low-income individuals who were incarcerated because they could not afford to pay the full fines and costs they owed. Joinder of every class member would be impracticable.
71. Rule 23(a)(2), Commonality: Plaintiffs raise claims based on questions of law and fact that are common to and typical of the putative class members.
72. Questions of fact common to the class include: a. Whether Alexander City had a policy, practice, or custom of arresting
those who cannot pay fines and costs and converting those unpaid monetary sentences to jail time;
b. Whether Alexander City had a policy, practice, or custom of not informing individuals who will be incarcerated of their right to counsel, appointing counsel on their behalf, or obtaining a knowing, intelligent, and voluntary waiver of counsel;
c. Whether the Alexander City Police Department had a policy, practice, or custom of arresting and incarcerating individuals without probable cause when those individuals cannot pay the money owed to the court; and
d. Whether Alexander City had a policy, practice, or custom of having debtors serve out their debts in the City jail at a rate of $20 or $40 per day; and
73. Questions of law common to the class include: a. Whether individuals are entitled to a hearing into their ability to pay
before being jailed by Alexander City Police Department for nonpayment of debts;
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b. Whether individuals who cannot afford to pay Alexander City are entitled to consideration of alternatives to incarceration before being jailed for non-payment of debts;
c. Whether individuals who cannot afford legal representation are entitled to the appointment of and representation by a lawyer in proceedings initiated and litigated by Alexander City that result in incarceration;
d. Whether arrests of individuals who cannot afford to pay debts owed to Alexander City Municipal Court are unlawful seizures; and
e. Whether damages are appropriate for the Damages Class and, if so, what the terms of such relief should be.
74. Rule 23(a)(3), Typicality: The claims of Plaintiffs Foster and Underwood are typical of those asserted on behalf of the proposed class. The injuries of Plaintiffs Foster and Underwood and the proposed class all arise out of the same policies and practices of Defendant Alexander City and Defendant Robinson.
75. Rule 23(a)(4), Adequacy: Plaintiffs Foster and Underwood will fairly and adequately protect the interests of the proposed class. Plaintiffs are represented by attorneys from the Southern Poverty Law Center and Patterson Belknap Webb & Tyler LLP, who collectively have experience in class-action litigation involving civil rights law, as well as experience litigating policies and practices in municipal courts that are unconstitutional. Counsel have the resources, expertise, and experience to prosecute this action. Counsel know of no conflict among members of the proposed classes.
76. Rule 23(b)(3): The common questions of fact and law predominate over the questions of law and fact affecting individual members, and a class action is a superior method to adjudicate these claims, making it appropriate to decide the damages claims through the class
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mechanism. Particularly, the factual and legal questions surrounding the general policies and practices of Alexander City apply equally to all members of the Damages Class. Furthermore, class members have little ability to pursue these claims individually, and it would be in the interest of judicial economy to adjudicate the constitutionality of Alexander City’s policies and practices in one proceeding.
VI. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF
Fourteenth Amendment to the U.S. Constitution All Named Plaintiffs and Damages Class vs. All Defendants in All Capacities 77. Plaintiffs re–allege and incorporate by reference each and every allegation contained in Paragraphs 1 to 76 as if fully set forth herein. 78. Plaintiffs Foster and Underwood, and those similarly situated, have been jailed because of their inability to pay the fines and costs in full on the day they received their monetary sentence. 79. The Fourteenth Amendment due process and equal protection clauses prohibit automatically converting a fine-only sentence to a sentence of imprisonment if that person is unable to pay. 80. Defendant Alexander City had a policy, practice, or custom, enforced through the authorization, acquiescence, failure to correct, or deliberate indifference of Defendant Chief Robinson and others, of jailing those who are sent to the back room with orders to pay fines and costs and who do not pay the amount ordered in full. 81. Defendants Alexander City and Chief Robinson were acting under color of law when their actions caused Plaintiffs’ confinement.
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82. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual and official capacities.
83. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
SECOND CLAIM FOR RELIEF Fourth Amendment to the U.S. Constitution All Named Plaintiffs and Damages Class vs. All Defendants in All Capacities 84. Plaintiffs re-allege and incorporate by reference each and every allegation contained in paragraphs 1 to 76 as if fully set forth herein. 85. Defendant Alexander City had a policy, practice, or custom enforced through the authorization, acquiescence, failure to correct, or deliberate indifference of Defendant Chief Robinson and others, of arresting and detaining individuals who are unable to pay court fines and costs in full on the day they receive their sentence. 86. These arrests were conducted without a warrant or probable cause. 87. The Fourth Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. 88. The warrantless arrests and subsequent detention of Plaintiffs by Defendants constituted an unlawful search and seizure in violation of the Fourth Amendment to the U.S. Constitution. 89. Defendants Alexander City and Chief Robinson were acting under color of law when their actions caused plaintiffs’ arrests and detention.
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90. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual and official capacities.
91. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
THIRD CLAIM FOR RELIEF Sixth Amendment to U.S. Constitution All Named Plaintiffs and Damages Class vs. Defendant City of Alexander City 92. Plaintiffs re–allege and incorporate by reference each and every allegation contained in Paragraphs 1 to 76 as if fully set forth herein. 93. Plaintiffs were each jailed because of fines and costs owed to Defendant Alexander City that they were unable to pay in full on the date the fines and costs were assessed. 94. Defendant Alexander City calculated Plaintiffs’ jail time using a formula based on the amount of money that they owed in fines and costs. 95. Plaintiffs were not represented by counsel when the fines and costs were assessed. 96. Defendant Alexander City violated Plaintiffs’ rights under the Sixth Amendment to the U.S. Constitution by jailing Plaintiffs without informing Plaintiffs of their right to counsel, appointing counsel on their behalf, or obtaining a knowing, intelligent, and voluntary waiver of counsel. 97. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City. 98. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983 for actions taken by Defendants under color of law.
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FOURTH CLAIM FOR RELIEF Tort of False Imprisonment
All Named Plaintiffs and Damages Class vs. All Defendants in All Capacities 99. Plaintiffs re-allege and incorporate by reference each and every allegation contained in paragraphs 1 to 76 as if fully set forth herein. 100. Plaintiffs were arrested for being too poor to pay court costs and fines in full on the day they received their sentence. 101. Plaintiffs were arrested by law enforcement officers employed by Defendant Alexander City. 102. Plaintiffs’ arrests were conducted without a warrant or probable cause in violation of Alabama law. 103. Defendant Alexander City’s employees, acting within the scope of their employment as Alexander City police officers, caused Plaintiffs to be detained, restrained, and imprisoned due to the neglect, carelessness, or unskillfulness of these police officers. 104. Defendant Chief Robinson caused Plaintiffs to be detained, restrained, and imprisoned through his orders to subordinate police officers. 105. Plaintiffs Foster and Underwood, on behalf of themselves and the Damages Class, seek an award of damages for their injuries from Defendant City of Alexander City and Defendant Chief Robinson in his individual capacity.
VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that the Court grant the following relief:
a. Assume jurisdiction over this action; b. Certify a class under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, represented by Plaintiffs Foster and Underwood;
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c. Award compensatory damages against all Defendants;

d. Award punitive damages against Defendant Chief Robinson in his individual

capacity;

e. Award Plaintiffs’ costs, including attorneys’ fees, as the prevailing party; and

f. Order such other relief as the Court deems just and appropriate.

JURY TRIAL IS DEMANDED ON DAMAGES FOR CLAIMS ONE THROUGH FOUR.

DATED this 1st day of December, 2015

Respectfully submitted,

/s/ Sara Zampierin

Samuel Brooke (ASB-1172-L60B)

Sara Zampierin (ASB-1695-S34H)

Valentina Restrepo (ASB-7422-I67Z)

SOUTHERN POVERTY LAW CENTER

400 Washington Avenue

Montgomery, Alabama 36104

Telephone: (334) 956-8200

Fax:

(334) 956-8481

samuel.brooke@splcenter.org

sara.zampierin@splcenter.org

valentina.restrepo@splcenter.org

William F. Cavanaugh, Jr. Susan Millenky Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10024 smillenky@pbwt.com [Admitted pro hac vice]

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I certify that I have filed the foregoing with the Clerk of the Court using the ECF System, which will send notification of such filing to the following parties of record who are registered for electronic filing: David J. Canupp Brad A. Chynoweth LANIER FORD SHAVER & PAYNE, P.C. P. O. Box 2087 2101 West Clinton Avenue, Suite 102 (35805) Huntsville, AL 35804 William Larkin Radney, III BARNES & RADNEY, P.C. P.O. Drawer 877 Alexander City, AL 35011-0877 on this the 1st day of December, 2015.
/s/ Sara Zampierin Sara Zampierin
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 Case 3:15-cv-00647-RCL-WC Document 93 Filed 01/17/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

D’ANGELO FOSTER and AMANDA UNDERWOOD, on behalf of themselves and those similarly situated,
Plaintiffs,
v.
CITY OF ALEXANDER CITY and WILLIE ROBINSON, in his official and individual capacities,
Defendants.

Case No. 3:15-cv-647-RCL

JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACION SETTLEMENT AGREEMENT AND NOTICE TO CLASS MEMBERS
Pursuant to Federal Rule of Civil Procedure 23(e), the parties submit this joint motion seeking preliminary approval of their Class Action Settlement Agreement (the “Settlement”) and approval of the proposed Notice of Settlement. The Settlement and relevant attachments are attached to the accompanying Memorandum of Law, as is a proposed preliminary approval Order. Upon preliminary approval, counsel for the Class will distribute the Notice of Settlement and Claim Forms to the Class Members.
The parties to the Settlement believe the agreement is a fair, adequate, and reasonable resolution of both the Plaintiffs’ and Rule 23 Class Members’ claims in this action and the Court should preliminarily approve the Settlement, pending a final fairness hearing to be scheduled at least 120 days after preliminary approval. In addition, the parties believe the proposed Notice of

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Settlement satisfies Rule 23 and due process requirements and should be approved for

distribution.

This motion is supported by an accompanying memorandum of law, which is

incorporated by reference. The parties have also provided a proposed Order.

Dated: January 17, 2017.

Respectfully submitted,

/s/ David J. Canupp David J. Canupp (asb-3731-d46c) Brad A. Chynoweth (asb-0030-s63k) LANIER FORD SHAVER & PAYNE, P.C. P.O. Box 2087 2101 West Clinton Avenue, Ste. 102 (35805) Huntsville, AL 35804 Phone: 256-535-1100 / Fax: 256-533-9322 E-mail: djc@lfsp.com & bac@lfsp.com

/s/ Sara Zampierin Samuel Brooke (ASB-1172-L60B) Sara Zampierin (ASB-1695-S34H) SOUTHERN POVERTY LAW CENTER 400 Washington Avenue Montgomery, Alabama 36104 P: (334) 956-8200 F: (334) 956-8481 samuel.brooke@splcenter.org sara.zampierin@splcenter.org

William Larkin Radney, III BARNES & RADNEY, P.C. P.O. Drawer 877 Alexander City, AL 35011-0877
Attorneys for Defendants City of Alexander City and Chief Willie Robinson

Ivy Wang* SOUTHERN POVERTY LAW CENTER 1055 St. Charles Avenue, Suite 505 New Orleans, Louisiana 70130 P: (504) 486-8982 F: (504) 486-8947 ivy.wang@splcenter.org
William F. Cavanaugh, Jr.* Susan Millenky* PATTERSON BELKNAP WEBB & TYLER LLP 1133 Avenue of the Americas New York, NY 10024 wfcavanaugh@pbwt.com smillenky@pbwt.com

*Admitted pro hac vice

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on this date the foregoing document was filed through the Court’s CM/ECF filing system, and by virtue of this filing notice will be sent electronically to all counsel of record, including the following: David J. Canupp Brad A. Chynoweth LANIER FORD SHAVER & PAYNE, P.C. P.O. Box 2087 2101 West Clinton Avenue, Suite 102 (35805) Huntsville, AL 35804 William Larkin Radney, III BARNES & RADNEY, P.C. P.O. Drawer 877 Alexander City, AL 35011-0877 James Wallace Porter, II R. Warren Kinney PORTER, PORTER & HASSINGER, P.C. P.O. Box 128 Birmingham, AL 35201-0128 on this January 17, 2017.
/s/ Sara Zampierin Sara Zampierin
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 Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 1 of 24
EXHIBIT 1 TO JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT AND NOTICE TO CLASS MEMBERS

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 2 of 24

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

D’ANGELO FOSTER and AMANDA UNDERWOOD, on behalf of themselves and those similarly situated,
Plaintiffs,
v.
CITY OF ALEXANDER CITY and WILLIE ROBINSON, in his official and individual capacities,
Defendants.

Case No. 3:15-cv-647-RCL-WC

CLASS ACTION SETTLEMENT AGREEMENT This Class Action Settlement Agreement (“Settlement”) is entered into by and between Defendants City of Alexander City (“City”) and Willie Robinson (“Robinson”) (collectively, “Defendants”) and Named Plaintiffs D’Angelo Foster and Amanda Underwood (collectively, the “Named Plaintiffs”), both individually and on behalf of the Settlement Class Members. Defendants, Named Plaintiffs, and the Settlement Class Members are collectively referred to herein as “the Parties”. The Parties, each having received the benefit, advice, and representation of legal counsel of their own choice, and in exchange for good, sufficient and valuable consideration as described herein, do hereby execute and enter into this Settlement in order to resolve all of the disputes, claims and causes of action that were asserted or could have been asserted in this action or that arise from the facts alleged in the Original Complaint and/or First Amended Complaint, as described herein and subject to the recitals, terms and conditions set forth below.

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RECITALS 1. Plaintiffs filed the above-captioned class action lawsuit (“Litigation”) against the Defendants on September 8, 2015, alleging that Defendants had violated Plaintiffs’ constitutional rights under color of state law and had committed the tort of false imprisonment by arresting and jailing Plaintiffs and others similarly situated for nonpayment of money owed to the Municipal Court. 2. The proposed class was defined in Plaintiffs’ First Amended Complaint as “All individuals who, on or after September 8, 2013, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department.” The same definition applies to the settlement class set forth herein (“Settlement Class”), with an addition of an end date for purposes of clarity: “All individuals who, on between September 8, 2013, and September 8, 2015, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department.” 3. The Parties have agreed on a list of members of the Settlement Class and, based on records provided by Defendants, on the number of days each class member spent in jail. This list is attached hereto as Exhibit A. 4. The Parties have engaged in substantial discovery in this case, including written discovery from the Named Plaintiffs, the depositions of the Named Plaintiffs, written discovery from Defendants, and seven depositions of current and former employees of the City, including the two individuals designated as 30(b)(6) representatives. Defendants produced over 10,000 pages of documents related to the class members and their policies and practices. 5. Argonaut Great Central Insurance Company (“Insurer”), who provided insurance coverage to the City over the relevant time period for the claims in this lawsuit, filed a Complaint
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for Declaratory Relief against Defendants on June 8, 2016, seeking a declaration that the relevant policies precluded coverage for the claims asserted by the Named Plaintiffs and class members and that it could withdraw from the defense of the Litigation.
6. The Parties and Insurer engaged in substantial, adversarial settlement negotiations, including mediation conducted by Phil Adams on December 2, 2016, and subsequent discussions. The Insurer has agreed to fund a portion of the settlement on behalf of its insureds, and the City received approval on December 5, 2016, from its City Council to pay the remaining portion of the settlement. As a result, the Parties reached this Settlement Agreement, subject to the Court approval process set forth herein.
7. By entering into this Settlement, Defendants do not admit any responsibility or liability with respect to the allegations contained in the Original Complaint and/or the First Amended Complaint. Defendants and the Insurer will resolve the controversy embraced within the Complaint for Declaratory Relief by means of a separate settlement agreement.
8. The Named Plaintiffs and Class Counsel believe that the Settlement reached with Defendants is fair, adequate, reasonable, and in the best interests of the Settlement Class Members.
NOW THEREFORE, in consideration of the foregoing recitals and prefatory phrases, and of the covenants and promises set forth in this Settlement and in exchange for other good, valuable, and sufficient consideration more specifically set forth in this Settlement and hereby acknowledged, the Named Plaintiffs—on behalf of themselves and the Settlement Class Members—and the Defendants agree as follows:
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TERMS OF SETTLEMENT I. SETTLEMENT TO BE APPROVED BY THE COURT
1. As soon as practicable following the execution of this Settlement by the Parties and their counsel, and in any event no later than January 16, 2017, counsel for Plaintiffs and Defendants will submit a Joint Motion for Preliminary Approval of the Settlement and a proposed Preliminary Approval Order in substantially the same form as Exhibit B. The Parties will request that the Preliminary Approval Order schedule a Final Fairness Hearing that is at least one hundred twenty (120) days after the date the Preliminary Approval Order is entered so that the Claims Period will expire before the Final Fairness Hearing.
II. UNOPPOSED MOTION FOR CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS
1. As soon as practicable following the execution of this Settlement by the Parties and their counsel, and in any event no later than January 16, 2017, and simultaneously with the filing of the Joint Motion for Preliminary Approval of the Settlement, Plaintiffs shall file an Unopposed Motion which shall seek Conditional Certification of a Settlement Class (the “Unopposed Conditional Class Certification Motion”), in substantially the same form as Exhibit C.
III. APPOINTMENT OF SETTLEMENT ADMINISTRATOR 1. The Parties will ask the Court to appoint Settlement Services, Inc., whom Class
Counsel believe to be a qualified administrator, to serve as the Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Settlement with respect to the performance of its duties. Class Counsel will retain the Settlement Administrator with the approval of the Court.
2. The Settlement Administrator will provide the Parties an invoice for its services
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on a monthly basis. Defendants shall be responsible for paying up to $3,750, with the remainder to be paid by Class Counsel. Defendants’ share of these costs will not be deducted from the Settlement Fund, but instead shall be paid through funds outside of and separate from the Settlement Fund.
3. The Settlement Administrator will open and administer an interest-bearing account or accounts (“Settlement Fund Account(s)”) approved by Class Counsel with a unique Tax Payer Identification Number. The monetary payments described in Section IV will be paid by Defendants into this/these Settlement Fund Account(s) according to the terms of Section IV. The Settlement Fund Account(s) will constitute a qualified settlement fund within the meaning of Treasury Regulations §§ 1.468B-1, et seq., and it will be created, managed, and disbursed by the Settlement Administrator under the supervision and at the direction of Class Counsel, but at all times pursuant to, and in compliance with, the terms of this Settlement. Defendants shall hereby be deemed to have made an election under Section 468B of the Revenue Code to have the Settlement Fund treated as a “qualified settlement fund.” The Insurer and the City of Alexander City shall timely furnish a statement to the Settlement Administrator that complies with Treasury Regulation § 1.468B-3(e) and shall attach a copy of the statement to any federal income tax return that is filed for the taxable year in which the required payments are made.
4. In addition to the above, the Settlement Administrator’s duties shall include responsibility for all tax reporting, tax withholding, and tax withholding payments to appropriate governmental agencies associated with payments from the Settlement Fund to Class Counsel, the Named Plaintiffs and the Settlement Class Members, including the issuance of Forms 1099, as appropriate, for the payments distributed from the Settlement Fund.
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IV. NOTICE PURSUANT TO THE CLASS ACTION FAIRNESS ACT Within ten (10) days of the filing of the Settlement with the Court, Defendants will,
pursuant to the Class Action Fairness Act (“CAFA”), mail the notice and documents required by CAFA to the Attorney General of the United States and the appropriate state official in Alabama. The Parties believe that no other state entities other than those identified above need to be notified of this Settlement pursuant to CAFA. Defendants shall file a Notice with the Court within five (5) business days after completion of the required CAFA mailings, advising the Court of the completion of the CAFA filings and including copies.
V. NOTICE TO SETTLEMENT CLASS MEMBERS 1. Within seven (7) days after the entry of the order by the Court preliminarily
approving this Settlement and the Notice and Claim Form, Defendants will provide the Settlement Administrator and Class Counsel with last known addresses and phone numbers for the Settlement Class Members, if not already provided.
2. Within fifteen (15) days after the entry of an order by the Court giving preliminary approval of this Settlement and the Notice and Claim Form, Class Counsel will mail the attached Notice of Class Action Settlement and Claim Form (attached hereto as Exhibit D) to each of the Settlement Class Members. The Notice of Class Action Settlement describes this litigation, the settlement terms, the attorneys’ fees and costs requested by Class Counsel, how to file a Claim, the procedure for a Settlement Class Member to object to the proposed settlement and/or attend the fairness hearing scheduled by the Court, and the procedure to request exclusion from the Settlement. Among other things, the Notice will provide that a Settlement Class Member can only exclude himself or herself from this Settlement if he or she requests to be excluded in writing and postmarks this written request before the Claims Period (as defined
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below) expires. Moreover, the Notice will provide that objections will only be considered by the Court if they are set forth in writing and postmarked before the Claims Period expires. Class Counsel will file a Notice with the Court within five (5) business days after completion of the mailing.
3. Defendants will post the Publication Notice (Exhibit E) at the City’s Municipal Court and the City’s Jail for the duration of the Claims Period. Plaintiffs will run the Publication Notice in the Alexander City Outlook every two weeks, for a total of 6 days, during the Claims Period.
4. If, after the initial mailing, any Class Notices are returned as undeliverable, the Parties will make reasonable efforts to attempt to locate the relevant Settlement Class Members. At a minimum, Defendants will provide any potential addresses within their records and, if no such address exists or if the Settlement Class Member is still unable to be located, Class Counsel will use a national locator database and make other reasonable efforts to determine additional contact information. In the event a new address is located, Class Counsel will ensure another Class Notice and Claim Form is mailed to the new address.
5. Class Counsel will make reasonable efforts to contact all Settlement Class Members, explain the benefits of the Settlement, and encourage their participation in the settlement process. Class Counsel will document all efforts to locate Settlement Class Members and will produce an affidavit detailing these efforts and status of the claims process to the Court upon request by Defendants or the Court.
VI. CLAIMS PROCESS 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members
upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
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2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to
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Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
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VII. REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS 1. Any Settlement Class Member may make a Request for Exclusion by
postmarking or delivering such request in writing to the Court before the close of the Claims Period. Any Request for Exclusion shall include the name, address, and telephone number of the person requesting exclusion and include a clear statement indicating that person chooses to be excluded from the Settlement, does not wish be a Settlement Class Member and chooses to be excluded from any judgment entered pursuant to the Settlement.
2. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
3. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
VIII. OBJECTIONS BY SETTLEMENT CLASS MEMBERS 1. After the Settlement Class has been determined and certified, Settlement Class
Members can make Objections to the Settlement before the close of the Claims Period. 2. Any Settlement Class Member who wishes to be heard orally at the Final
Approval Hearing, or who wishes for any objection to be considered, must file with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address and telephone number of the person, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents said person wishes to be considered in support of the objection. The objection shall be signed. In
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accordance with law, only objections received from Settlement Class Members will be considered by the Court.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, even though appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such an appeal.
IX. MONETARY TERMS A. Settlement Fund
1. Within ten (10) business days of the Judgment becoming Final (as defined below), Defendant City of Alexander City and the Insurer will collectively pay the gross sum of $680,000.00 to the Settlement Administrator to establish the Settlement Fund. The Settlement Fund will be utilized in the following manner: (i) Two-Hundred and Two Thousand Dollars ($202,000) shall be distributed to Class Counsel pursuant to Section IX.B as compensation for attorneys’ fees and costs expended on the Litigation; (ii) Thirty Thousand Dollars ($30,000) shall be divided equally between the two Lead Plaintiffs as Service Awards pursuant to Section IX.C; and (iii) the remaining $448,000 shall be used to fund payments to Claiming Class Members calculated on a per diem basis. Payment of these monies by or on behalf of Defendants constitutes Defendants’ entire monetary contribution to this Settlement exclusive of any
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administrative settlement costs under Section III.2 to this settlement.. All monies will remain the property of Defendants until ten (10) business days after Judgment becomes Final (as defined below), at which time Defendants will deliver to the Settlement Administrator and Class Counsel the funds as described herein. All amounts paid by Defendants will be disbursed pursuant to this Settlement, and none of it will revert to Defendants under any circumstances.
B. Costs and Attorneys’ Fees 1. Subject to the approval of the Court, as set out above in Section IX.A, Defendants
will pay $202,000.00 to Class Counsel for costs and attorneys’ fees associated with the prosecution of this action. If the Court approves costs and fees for Class Counsel in an amount less than $202,000.00, any difference (i.e., the remaining balance) will revert to the Settlement Fund and will be treated in the same manner as any Unclaimed Funds being redistributed to Claiming Class Members as outlined in Section IV.E below. Under no circumstances will any part of the $202,000.00 in costs and attorneys’ fees revert to Defendants. The attorneys’ fees, costs, and expenses paid under this section shall constitute full satisfaction of Defendants’ obligations to pay amounts to any person, attorney, or law firm for attorneys’ fees, expenses, or costs in the action incurred on behalf of the Named Plaintiffs and/or the Settlement Class Members, and shall relieve Defendants from any other claims or liability to any other attorney or law firm for any attorneys’ fees, expenses, and/or costs to which any of them may claim to be entitled on behalf of the Named Plaintiffs and/or the Settlement Class Members.
C. Service Award Payments 1. As set out above in Section IX.A, in consideration for their commitment to the
pursuit of the claims in this action on behalf of themselves and the Settlement Class Members, $30,000.00 of the Settlement Fund will be equally divided and paid to the two Named Plaintiffs.
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2. If the Court does not approve the payment of these service awards, or approves
the payments in a lesser amount, then any amounts allocated above that are not approved will
revert to the Settlement Fund and will be treated in the same manner as any Unclaimed Funds
being redistributed to Claiming Class Members as outlined in Section IV.E below.
D. Per Diem Payments
1. Each Named Plaintiff and Settlement Class Member who appears on Exhibit A
and submits a valid claim will receive a payment from the Settlement Fund calculated according
to the number of days in jail as specified on Exhibit A, as follows:
(a) The total amount remaining in the Settlement Fund after deduction of attorneys’ fees and incentive awards will be divided by the combined total number of calendar days in jail served by all of the Settlement Class Members. This amount will constitute the per diem damages award. The Parties agree that, based on records provided by Defendants, there are a total of 190 Settlement Class Members and 896 calendar days in jail, and the per diem amount is $500.00; this number may change only if the Parties receive a Claim Form for an individual who is discovered to have had a qualifying arrest and jailing and the Parties agree that this individual is a member of the Settlement Class; however, in no event shall the Defendants be required to contribute any additional amounts to the Settlement Fund to account for currently unknown Settlement Class Members. The days in jail for each Class Member are set forth in Exhibit A.
(b) An initial damages amount will then be calculated for each Class Member who submits a valid claim in an amount arrived at by multiplying the number of days each individual spent in jail, pursuant to Exhibit A, by the per diem damage award described in (a).
E. Redistribution of Unclaimed Funds to Claiming Class Members
1. If at the close of the Claim Period there are Settlement Class Members who did
not submit a valid and timely Claim Form, the money allocated to them under Section IV.D
above (the “Unclaimed Funds”) will be redistributed among the Claiming Class Members as
further compensation for the injuries sustained by the Settlement Class during the arrests and
jailings pursuant to Exhibit A and other arrests and jailings for which individuals are added to the
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Settlement Class pursuant to the process set forth in Section VI. Claiming Class Members will receive a proportionate share of these Unclaimed Funds based on an additional adjusted per diem amount, calculated based upon the total amount remaining in the Settlement Fund after deduction of attorneys' fees and costs, incentive awards, the initial per diem distribution to all Class Members who submit a valid claim divided by the total number of days in jail served by the Class Members who submit a valid claim.
F. Distribution of Settlement Fund Shares 1. Within five (5) business days after the close of the Claims Period, Class Counsel
will provide the Settlement Administrator the list of Named Plaintiffs and Settlement Class Members entitled to receive payment from the Settlement Fund (i.e., the Claiming Class Members) and the amounts they are to receive, as well as instructions on how the money will be disbursed and provided to the Named Plaintiffs and Settlement Class Members. The Settlement Administrator will make disbursal of funds from the Settlement Fund in accordance with the terms of this Settlement and only after entry of Judgment that becomes Final (as defined below). Any settlement payment not collected by any Claiming Class Member within 90 days of Class Counsel’s or their agents’ first attempts to contact the individual Claiming Class Member to advise him or her of the availability of his or her settlement payment shall revert back to the Settlement Fund and will be considered “Residual Funds.” The reversion of a Claiming Class Member’s settlement payment under this Section shall not impact the terms of this Settlement, and each such Claiming Class Member will continue to be bound by this Settlement, including its release provisions.
G. Residual Funds 1. Monies, if any, remaining in the Settlement Fund Account as a result of the
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accrual of interest on the Fund after the settlement amounts were calculated and/or any Residual Funds shall be distributed to Volunteer Connections of Central Alabama, a 501(c)(3), tax exempt organization located in Alexander City that assists seniors, low income persons, and the local community.
X. EFFECTIVE DATE 1. This Settlement Agreement shall become effective only after the Court finally
approves it, dismisses the case with prejudice, and enters a Judgment that becomes Final. “Final” means the last of the following dates, as applicable:
(1) The last date on which a notice of appeal from the Judgment may be filed, and none is filed.
(2) If a timely appeal from the Judgment is filed, the last of the following dates: (a) The last date by which a petition for review by the United States Court of Appeals for the Eleventh Circuit or the Supreme Court of the United States’ decision affirming the Judgment may be filed, and none is filed; (b) The last date by which a petition for a writ of certiorari to the Supreme Court of the United States of a decision by the United States Court of Appeals for the Eleventh Circuit affirming the judgment may be filed, and none is filed; (c) If a petition for review by the United States Court of Appeals for the Eleventh Circuit, or a petition for a writ of certiorari to the Supreme Court of the United States, seeking review of the Judgment or of the United States Court of Appeals for the Eleventh Circuit’s decision on an appeal from the Judgment is timely filed, the date on which the highest reviewing court renders its decision denying the petition (where the immediately lower court affirmed the Judgment) or affirming the Judgment.
2. In the event an appeal is filed from any of the Court’s orders, or any other appellate review is sought prior to the complete administration and implementation of all aspects
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of the Settlement, administration and implementation of the Settlement shall be stayed pending final resolution of the appeal or other appellate review.
XI. MUTUAL RELEASES 1. In consideration of all payments made by or on behalf of the Defendants, the
Named Plaintiffs’ and Settlement Class Members’ eligibility to receive their allocated settlement payments, and all other relief described herein, the Named Plaintiffs and the Settlement Class Members, along with their attorneys, agents, successors, affiliates, heirs and assigns, fully, finally and forever release, discharge and agree to hold harmless Defendants and any and all officers, municipal judges and clerks, jailers, police officers, directors, and any other employees, representatives, attorneys, agents, contractors, and insurance carriers, as well as anyone acting or authorized to act on their behalf, from any and all claims (known or unknown, accrued or unaccrued) that have been or could have been alleged or asserted, on the basis of, in connection with, or arising out of past arrests or jailings pursuant to the alleged arrest and jailing policy that is the subject of the Litigation, including all such claims that were actually asserted in this case or that arise from the facts alleged in Plaintiffs’ Original Complaint and/or First Amended Complaint.
2. This Settlement Agreement does not affect the rights of Settlement Class Members who timely and properly exclude themselves from the Settlement.
3. Defendants and their officers, employees, representatives, attorneys, agents, and anyone acting or authorized to act on their behalf, fully, finally, and forever release, discharge, and agree to hold harmless the named Plaintiffs and the Settlement Class Members, and their attorneys, agents, and anyone acting or authorized to act on their behalf, from any and all claims, demands, and causes of action arising from the act of bringing or participating in this lawsuit.
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XII. FINAL COURT APPROVAL AND JUDGMENT 1. All Parties agree to take such actions and affirmative steps as are reasonably
necessary to obtain the Court’s Final Approval of this Settlement, including filing memoranda in opposition to any objections to this Settlement or its terms and defending this Settlement from any challenges at the Final Fairness Hearing.
2. In advance of the Final Fairness Hearing, the parties will submit a motion for final approval of the Settlement, along with a supporting brief and proposed Final Approval Order. During the Final Fairness Hearing, or as soon as practicable after the close of the Final Fairness Hearing, Named Plaintiffs and Defendants shall request and shall take such actions as are reasonably necessary to have the Court grant a Final Judgment in the lawsuit by entering a final Order, which provides that the Court approves this Settlement and its terms as fair, reasonable and adequate, provides for the implementation of all of the Settlement’s terms and provisions, approves the service award payments outlined in Section IV.C, awards costs and attorneys’ fees as outlined in Section IV.B, finds that the notice given to the class satisfied the requirements of due process and Rule 23(e) of the Federal Rules of Civil Procedure, dismisses the claims of the Named Plaintiffs and Settlement Class Members with prejudice, and retains jurisdiction to enforce the provisions of this Settlement.
3. Should the Court not grant Final Approval of this Settlement or its terms then this Settlement shall immediately be null and void and each Party shall return to the status quo ante.
XIII. ADDITIONAL PROVISIONS 1. This Settlement is the result of a compromise between the Parties, and nothing in
this Agreement constitutes an admission of liability or of the propriety of class certification by any Party with regard to the subject matter of the action. Nothing set forth in this Settlement, the
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fact of Settlement, or any act performed or document executed pursuant to or in furtherance of the Settlement may be construed or be used as an admission or evidence of the validity of any claim or allegation, or of any act, omission, liability or wrongdoing on the part of Defendants or as supporting certification in any action or proceeding of any kind whatsoever.
2. This Agreement falls within the protection afforded compromises and offers to compromise under Federal Rule of Evidence 408, or any other comparable rule of evidence.
3. The Parties to this Settlement hereby waive any and all rights they, or any of them, have or may have to appeal from any order of Court previously entered in this case and from an order approving this Settlement in its current form. This waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings, or post-judgment proceedings. This paragraph does not preclude Plaintiffs or Class Counsel from appealing any refusal by the District Court to award the full service award payments outlined in Section IV.C, and/or the full costs and attorneys’ fees outlined in Section IV.B.
4. This Settlement, including the Recitals and Exhibits, supersedes any prior agreements or understandings between the Parties with respect to settlement.
5. The Parties agree to ask the Court to retain jurisdiction of this matter to enforce the terms of this Settlement.
6. The Parties represent and warrant to each other that they have the full power and authority to enter into this Settlement, and that they have not assigned, pledged, encumbered or in any manner transferred or conveyed any portion of the claims or causes of action covered by this Settlement.
18

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 20 of 24
7. The Parties represent and warrant to each other that they understand this Settlement in its entirety and that they have been represented by and consulted with their respective counsel in connection with the negotiating, drafting, and execution of this Settlement.
8. This Settlement may be modified or amended only by a writing signed by all Parties or their successors-in-interest and filed with the Court.
9. The Settlement shall be binding upon and inure to the benefit of the Parties, and as applicable, their respective personal representatives, agents, executors, heirs, administrators, successors, assigns, officers, directors, shareholders, subsidiaries, parents or affiliated partnerships, corporations or divisions and employees.
10. This Settlement shall be interpreted according to Alabama law, and federal law where applicable.
11. This Settlement may be executed in one or more counterparts which, once fully executed, shall constitute one original and binding Settlement. A photocopy, scanned, or facsimile copy of any signature on this Settlement shall be considered as valid as an original signature.
12. All notices, demands, or other communications given under this Settlement, with the exception of documents filed via the Court’s CM/ECF system, will be in writing and addressed as follows:
To the Plaintiffs and the Settlement Class: Sara Zampierin Southern Poverty Law Center 400 Washington Ave. Montgomery, AL 36104 sara.zampierin@splcenter.org
19

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 21 of 24 To Defendants City of Alexander City and Willie Robinson David J. Canupp Lanier Ford Shaver & Payne, P.C. P.O. Box 2087 Huntsville, Alabama 35804 djc@lanierford.com The Parties may from time to time change their address for purposes of this section by
providing written notice of such change to the other Parties.
20

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 22 of 24

1N WITNESS WHEREOF, the Parties have signed this Settlement on the date written

across from their signatures.

Attorneys for the named Plaintiffs and the Settlement Class Members ("Class Counsel"):

~~

~!~~{ l1-

Soutbern Poverty Law Center

William F. Cavanaugh. Jr. Patterson Belknap Webb & Tyler LLP

Date

Attorneys for Defendants:

David Canupp Lanier Ford Shaver & Payne. P .C.

Date

Larkin Radney Barnes and Radney, P.C.

Date

Named Plaintiffs on behalf of themselves and the Settlement Class:
/-Jf.e-1?
Date

Defendants: Larkin Radney On behalfofCity ofAlexander City Willie Robinson
?1

Date Date

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 23 of 24

IN WITNESS WHEREOF, the Parties have signed this Settlement on the date written

across from their signatures.

Attorneys for the named Plaintiffs and the Settlement Class Members ("Class Counsel"):

~~

~~~ ~(11-

Sout ~verty Law Center

.,,, ,,,

William F. Cavan. _ r. Patterson Belknap Webb & Tyler LLP

Date

Attorneys for Defendants:

David Canupp Lani er Ford Shaver & Payne. P.C.

Date

Larkin Radney Barnes and Radney, P.C.

Date

Named Plainti~ on behalf of themselves and the Settlement Class:

e~~ kJFi

1-1~-17

D' Ange){) ster

Dat~

Amanda Underwood

Date

Defendants:

Larkin Radney

Date

On behalfof City of Alexander City

Willie Robinson

Date

,, 1

Case 3:15-cv-00647-RCL-WC Document 93-2 Filed 01/17/17 Page 24 of 24

IN WITNESS WHEREOf, .the.Parties have sigped:this Settlement on the date written across from their signatures. Attorneys for the named Plaintiffs and the Settlement aass Members ("aass Counsel"):

Sara ZBmpierin

Date

Southern Poverty Law Center

W.iUiam.R .Cavanaugh, Jr.. 1'atterson Be tknap WE!Mf & Ty!er r,t;p·

/f11 / ZJJIT
I ) :1t l '
rf;1/2P17

Named Plaintiffs, on behalf of themselves and the Settlement Class:

D' Angelo Foster

Date

Amanda Underwood

Date

arkin dney Ort behal ofCity ofAlexander Cfty
. ~~~~&----Willie Robinson

o(/t~/ 1I 12~ c;/~
//;/2-o/7
Date

21

 
 Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 1 of 14
CLOSED,JOINT_ASSIGN,WKW−VJ
U.S. District Court Alabama Middle District (Opelika) CIVIL DOCKET FOR CASE #: 3:15−cv−00647−RCL−WC

Foster et al v. City of Alexander City et al (JOINT ASSIGN) Assigned to: Honorable Judge Royce C. Lamberth Referred to: Honorable Judge Wallace Capel, Jr Related Case: 3:16−cv−00423−MHT−SRW Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 09/08/2015 Date Terminated: 08/04/2017 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

D'Angelo Foster on behalf of himself and those similarly situated

represented by Amy Neda Vegari Patterson Belknap Webb & Tyler LLP 1133 Ave of the Americas New York, NY 10036 212−336−2000 Email: avegari@pbwt.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ivy Wang Southern Poverty Law Center 1055 St Charles Ave − Ste 505 New Orleans, LA 70130 504−486−8982 Email: ivy.wang@splcenter.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel Jacob Brooke Southern Poverty Law Center 400 Washington Avenue Montgomery, AL 36104 334−956−8200 Fax: 334−956−8481 Email: samuel.brooke@splcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Michelle Zampierin Southern Poverty Law Center 400 Washington Avenue Montgomery, AL 36104 334−956−8326 Fax: 334−956−8481 Email: sara.zampierin@splcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Millenky Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 212−336−2253 Email: smillenky@pbwt.com TERMINATED: 03/13/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 2 of 14

Valentina Restrepo Southern Poverty Law Center 400 Washington Ave Montgomery, AL 36116 334−956−8200 Fax: 334−956−8481 Email: valentina.restrepo@splcenter.org TERMINATED: 04/28/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Francis Cavanaugh Patterson Belknap Webb & Tyler LLP 1133 Avenue of Americas New York, NY 10036−6710 212−336−2793 Fax: 212−336−2394 Email: wfcavanaugh@pbwt.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Amanda Underwood on behalf of herself and those similarly situated

represented by Amy Neda Vegari (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ivy Wang (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel Jacob Brooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Michelle Zampierin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Millenky (See above for address) TERMINATED: 03/13/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Valentina Restrepo (See above for address) TERMINATED: 04/28/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Francis Cavanaugh (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 3 of 14

V. Defendant City of Alexander City
Defendant Willie Robinson in his official and individual capacities
Movant Louise Pritchard

represented by David J. Canupp Lanier Ford Shaver & Payne P.C. P.O. Box 2087 Huntsville, AL 35804 256−535−1100 Fax: 256−533−9322 Email: djc@lanierford.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brad A. Chynoweth State of Alabama Office of the Attorney General 501 Washington Avenue Post Office Box 300152 Montgomery, AL 36130 334.242.7997 Fax: 334.353.8440 Email: Brad.Chynoweth@AlabamaAG.gov ATTORNEY TO BE NOTICED
William Larkin Radney , III Barnes & Radney, P.C. Post Office Drawer 877 Alexander City, AL 35011−0877 256−329−8438 Fax: 256−329−0809 Email: lradney@barnesandradney.com ATTORNEY TO BE NOTICED
represented by David J. Canupp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brad A. Chynoweth (See above for address) ATTORNEY TO BE NOTICED
William Larkin Radney , III (See above for address) ATTORNEY TO BE NOTICED
represented by James Wallace Porter , II Porter, Porter & Hassinger PC 880 Montclair Road Suite 175 Birmingham, AL 35213 205−322−1744 Fax: 205−322−1750 Email: jwporterii@pphlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Warren Kinney , III Porter, Porter & Hassinger, PC 880 Montclair Road; Suite 175

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 4 of 14

Birmingham, AL 35213 United Sta 205−322−1744 Fax: 205−322−1750 Email: wkinney@pphlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant Mr. Randall S. Haynes

represented by James Hillary Pike Shealy, Crum & Pike, P.C. P.O. Box 6346 Dothan, AL 36302−6346 334−677−3000 Fax: 334−677−0030 Email: jpike@scplaw.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/08/2015 09/08/2015 09/08/2015
09/08/2015
09/08/2015 09/08/2015 09/08/2015 09/08/2015 09/08/2015 09/08/2015 09/08/2015

# Docket Text
1 COMPLAINT (Class Action) against City of Alexander City, Willie Robinson ( Filing fee $ 400.00 receipt number 4602038232.), filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Filing Fee Receipt)(dmn, ) (Entered: 09/08/2015)
DEMAND for Trial by Jury by D'Angelo Foster, Amanda Underwood. (dmn, ) (NO PDF) (Entered: 09/08/2015)
2 MOTION for Class Certification of a Plaintiff (B)(2) Class by Amanda Underwood. (Attachments: # 1 [Proposed] Class Certification Order)(dmn, ) Modified on 9/8/2015 to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, ) Modified on 11/25/2015 (kh, ). (Entered: 09/08/2015)
3 MEMORANDUM in Support of Plaintiff's 2 Motion for Certification of a Plaintiff (B)(2) Class filed by Amanda Underwood. (dmn, ) Modified on 9/8/2015 to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, ) (Entered: 09/08/2015)
NOTICE of Docket Text Correction re 2 Motion to Certify Class, 3 Memorandum in Support. The referenced docket entries were modified to remove D'Angelo Foster as a filer, selected in error when docketed. (dmn, ) (Entered: 09/08/2015)
4 MOTION for Temporary Restraining Order, or MOTION for Preliminary Injunction by Amanda Underwood. (Attachments: # 1 [Proposed] Temporary Restraining Order, # 2 [Proposed Preliminary Injuction Order)(dmn, ) (Entered: 09/08/2015)
5 BRIEF/MEMORANDUM in Support of 4 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)
6 DECLARATION of D'ANGELO FOSTER in Support of Plaintiff's 4 Motions for Preliminary Injunction and 2 Motion for Class Certification, by D'Angelo Foster. (dmn, ) (Entered: 09/08/2015)
7 DECLARATION of Amanda Underwood in Support of Plaintiff's 4 Motions for Preliminary Injunction and 2 Motion for Class Certification by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)
8 DECLARATION of Luther Dewayne Nichols in Support of Plaintiff's 4 Motions for Preliminary Injunction, and 2 Motion for Class Certification, by Amanda Underwood. (dmn, ) (Entered: 09/08/2015)
9 DECLARATION of Samuel Brooke in Support of Plaintiffs' 4 Motions for Preliminary Injunction, and/or 2 Motion for Class Certification by Amanda Underwood. (dmn, ) (Attachment(s): # 1 Exhibit A, Part 1 to Brooke Declaration, # 2 Exhibit A, Part 2 to Brooke Declaration, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, #

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 5 of 14

09/08/2015 09/08/2015 09/08/2015
09/08/2015 09/08/2015 09/09/2015 09/09/2015 09/09/2015 09/09/2015 09/14/2015 09/15/2015
09/15/2015 09/15/2015

6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (dmn, ). Modified on 9/9/2015 to include Exhibit B, omitted in error. (dmn, ) (Entered: 09/08/2015)
10 Summons Issued as to Willie Robinson and returned to counsel for personal service. (dmn, ) (Entered: 09/08/2015)
11 Summons Issued as to City of Alexander City and returned to counsel for personal service. (dmn, ) (Entered: 09/08/2015)
12 ORDER: Before the court is Plaintiff's 4 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction, which the court construes as a Motion for Preliminary Injunction. It is ORDERED that the 4 Motion for Preliminary Injunction is SET for a Motion hearing on 9/25/2015 at 09:00 AM in Courtroom 2B in Montomgery, AL before Chief Judge William Keith Watkins. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing.Plaintiffs are DIRECTED to serve all Defendants promptly with a copy ofthis Order. Signed by Chief Judge William Keith Watkins on 9/8/2015. Copies furnished to calendar group, AR. (dmn, ) (Entered: 09/08/2015)
13 SUMMONS Returned Executed by D'Angelo Foster, Amanda Underwood. City of Alexander City served on 9/8/2015, answer due 9/29/2015. (Brooke, Samuel) (Entered: 09/08/2015)
14 SUMMONS Returned Executed by D'Angelo Foster, Amanda Underwood. Willie Robinson served on 9/8/2015, answer due 9/29/2015. (Brooke, Samuel) (Entered: 09/08/2015)
15 NOTICE of Correction re 9 Declaration. This notice has been docketed to enter Exhibit B into the record as an attachment to the referenced document. Exhibit B was omitted in error when the declaration was docketed. The pdf of Exhibit B is attached to this notice. (Attachments: # 1 Exhibit B)(dmn, ) (Entered: 09/09/2015)
16 CERTIFICATE OF SERVICE by D'Angelo Foster, Amanda Underwood re 12 Order. (Brooke, Samuel) Modified on 9/10/2015 to clean up text. (dmn, ) (Entered: 09/09/2015)
17 Corporate/Conflict Disclosure Statement by D'Angelo Foster. (Brooke, Samuel) (Entered: 09/09/2015)
18 Corporate/Conflict Disclosure Statement by Amanda Underwood. (Brooke, Samuel) (Entered: 09/09/2015)
19 MOTION to Expedite Hearing on Plaintiff's Motion for Certification of a (b)(2) Class 2 by D'Angelo Foster, Amanda Underwood. (Brooke, Samuel) (Entered: 09/14/2015)
20 ORDERED that 1. On or before September 21, 2015, Defendants shall file a brief in response to the 4 motion for preliminary injunction. Plaintiffs may file a reply brief on or before September 23, 2015; 2. Plaintiffs' 19 motion for an expedited hearing on the motion for class certification is GRANTED to the extent that Plaintiffs' 2 motion for class certification is SET for a hearing on November 2, 2015, at 1:00 p.m. in Courtroom 2−B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; and 3. On or before October 23, 2015, Defendants shall file a brief in response to the 2 motion for class certification. Plaintiffs may file a reply brief on or before October 30, 2015. The Plaintiffs are DIRECTED to promptly serve Defendants with a copy of this Order. Signed by Honorable Judge W. Harold Albritton, III on 9/15/2015. (furn: Calendar, AR, (kh, ) (Entered: 09/15/2015)
Set Motion Hearing: 4 Motion for Preliminary Injunction is SET for a Motion hearing on 9/25/2015 at 09:00 AM in Courtroom 2B in Montomgery, AL before Chief Judge William Keith Watkins previously reset in error in 20 order. (no pdf document attached to this entry)(kh, ) (Entered: 09/15/2015)
21 NOTICE of Appearance by David J. Canupp on behalf of City of Alexander City, Willie Robinson (Canupp, David) (Entered: 09/15/2015)

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 6 of 14

09/15/2015 09/15/2015 09/15/2015 09/16/2015 09/16/2015 09/17/2015 09/17/2015 09/17/2015 09/18/2015 09/18/2015
09/21/2015 09/21/2015 09/22/2015

22 NOTICE of Appearance by Brad A. Chynoweth on behalf of City of Alexander City, Willie Robinson (Chynoweth, Brad) (Entered: 09/15/2015)
23 Corporate/Conflict Disclosure Statement by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 09/15/2015)
24 CERTIFICATE OF SERVICE by D'Angelo Foster, Amanda Underwood re 20 Order Setting Hearing on Motion, Terminate Motions,,,,,,,, on Counsel for Defendants (Brooke, Samuel) (Entered: 09/15/2015)
25 NOTICE of Appearance by William Larkin Radney, III on behalf of City of Alexander City, Willie Robinson (Radney, William) (Entered: 09/16/2015)
26 Alias Summons issued as to Willie Robinson; mailed CMRRR with copy of 1 complaint. (kh, ) (Entered: 09/16/2015)
27 Joint MOTION to Continue and to Enforce Agreed Stipulation by D'Angelo Foster, Amanda Underwood, City of Alexander City, Willie Robinson. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to add as filed on behalf of the defendants (kh, ). (Entered: 09/17/2015)
28 Motion for William F. Cavanaugh, Jr. to Appear Pro Hac Vice by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to clarify the docket text(kh, ). (Entered: 09/17/2015)
29 Motion for Susan Millenky to Appear Pro Hac Vice by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Brooke, Samuel) Modified on 9/18/2015 to clarify the docket text(kh, ). (Entered: 09/17/2015)
***Attorney William Francis Cavanaugh,Susan Millenky for D'Angelo Foster and Amanda Underwood added pursuant to the 28 and 29 motions for admission pro hac vice. (kh, ) (Entered: 09/18/2015)
30 ORDERED that the 27 Joint Motion is GRANTED. The court will exercise its jurisdiction to enforce paragraphs three through five of the Joint Motion. It is further ORDERED 1. That the deadline for Defendants to file a brief in response to the 4 motion for preliminary injunction, previously set for September 21, 2015, is EXTENDED to and including November 30, 2015. Plaintiffs may file a reply brief on or before December 7, 2015; 2. That the hearing on the 4 motion for preliminary injunction previously set for September 25, 2015, is RESET for December 15, 2015 at 10:00 a.m. in Courtroom 2−B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; 3. That the deadline for Defendants to file a brief in response to the 2 motion for class certification, previously set for October 23, 2015, is EXTENDED to and including November 30, 2015. Plaintiffs may file a reply brief on or before December 7, 2015; 4. That the hearing on the 2 motion for preliminary injunction previously set for November 2, 2015, is RESET for December 15, 2015 at 10:00 a.m. in Courtroom 2−B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama, unless modified in the interim. The Clerk of Court is DIRECTED to provide a court reporter for the hearing; and 5. The deadline for Defendants to file a responsive pleading to the complaint is EXTENDED to and including December 7, 2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/18/2015. (furn: Calendar, AR, WR)(kh, ) (Entered: 09/18/2015)
31 Received Pro Hac Vice Filing fees re: 28 Motion for William F. Cavanaugh, Jr and 29 Motion for Susan Millenky : $ 100.00, receipt number 4602038355 (kh, ) (Entered: 09/21/2015)
33 Return Receipt Card showing service of Alias Summons and 1 Complaint signed by Willie Robinson for Willie Robinson served on 9/18/2015. (kh, ) (Entered: 09/22/2015)
32 TEXT ORDER granting 28 Motion for William F. Cavanaugh, Jr. to Appear Pro Hac Vice; granting 29 Motion for Susan Millenky to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 9/22/2015. (no pdf document attached to this

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 7 of 14

10/30/2015 11/25/2015
11/25/2015
12/01/2015 12/04/2015
12/04/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/16/2015 12/18/2015
12/21/2015 12/22/2015 12/30/2015 01/05/2016 01/08/2016

entry)(kh, ) (Entered: 09/22/2015)
Case Reassigned to Honorable Judge Gray Michael Borden. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge. (no pdf document attached to this entry) (kh, ) (Entered: 10/30/2015)
34 Consent MOTION to Withdraw 2 MOTION to Certify Class, 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Notice of Filing of Amended Complaint by Amanda Underwood. (Attachments: # 1 Exhibit A − Ordinance 2016−12, # 2 Exhibit B − Municipal Court Standing Order, # 3 Text of Proposed Order)(Brooke, Samuel) (Entered: 11/25/2015)
35 ORDERED that the motion to withdraw (Doc. # 34 ) is GRANTED. It is further ORDERED 1. that the motion for preliminary injunction (Doc. # 4 ), is DENIED as moot; 2. that the hearing on the motion for preliminary injunction (Doc. # 4 ) set for December 15, 2015 at 10:00 a.m. is CANCELLED; 3. that the motion for class certification (Doc. # 2 ) is DENIED as moot; 4. that the hearing on the motion for class certification (Doc. # 2 ) set for December 15, 2015 at 10:00 a.m. is CANCELLED; 5. that the deadline for Defendants to file a responsive pleading to the original complaint, currently set for December 7, 2015, is suspended; and 6. that, on or before December 15, 2015, Plaintiff shall file an amended complaint. Signed by Chief Judge William Keith Watkins on 11/25/2015. (furn: AR, Calendar)(kh, ) (Entered: 11/25/2015)
36 AMENDED COMPLAINT against All Defendants, filed by D'Angelo Foster, Amanda Underwood.(Zampierin, Sara) (Entered: 12/01/2015)
37 RULE 26(f) ORDER: it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than December 30, 2015. Signed by Chief Judge William Keith Watkins on 12/4/2015. (kh, ) (Entered: 12/04/2015)
38 GENERAL BRIEFING ORDER setting out other briefing deadlines, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/4/2015. (kh, ) (Entered: 12/04/2015)
39 MOTION to Dismiss by City of Alexander City. (Canupp, David) (Entered: 12/15/2015)
40 BRIEF/MEMORANDUM in Support re 39 MOTION to Dismiss filed by City of Alexander City. (Canupp, David) (Entered: 12/15/2015)
41 MOTION to Dismiss by Willie Robinson. (Canupp, David) (Entered: 12/15/2015)
42 BRIEF/MEMORANDUM in Support re 41 MOTION to Dismiss filed by Willie Robinson. (Canupp, David) (Entered: 12/15/2015)
43 MOTION to Stay Discovery and to Temporarily Suspend Obligations Under Fed. R. Civ. P. 26 Pending Resolution of Motions to Dismiss by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 12/16/2015)
44 BRIEF/MEMORANDUM in Opposition re 43 MOTION to Stay Discovery and to Temporarily Suspend Obligations Under Fed. R. Civ. P. 26 Pending Resolution of Motions to Dismiss filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 12/18/2015)
45 MOTION to Dismiss (Amendment) by Willie Robinson. (Canupp, David) (Entered: 12/21/2015)
46 ORDER denying 43 Motion to Stay, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/22/2015. (kh, ) (Entered: 12/22/2015)
47 REPORT of Rule 26(f) Planning Meeting. (Zampierin, Sara) (Entered: 12/30/2015)
48 RESPONSE in Opposition re 41 MOTION to Dismiss , 39 MOTION to Dismiss filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 01/05/2016)
49 ORDERED that this case is SET for a scheduling conference on February 4, 2016 at 2:00 p.m. This proceeding will be held by telephone conference. Plaintiffs shall set up the telephone conference. The Clerk of Court is DIRECTED to provide a court

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 8 of 14

01/12/2016 01/12/2016 01/15/2016 02/04/2016 02/05/2016 02/16/2016 02/16/2016
02/17/2016 02/19/2016
02/19/2016 02/26/2016 02/26/2016 03/04/2016

reporter for the scheduling conference. Signed by Chief Judge William Keith Watkins on 1/8/2016. (furn: AR, Calendar)(kh, ) (Entered: 01/08/2016)
50 REPLY BRIEF re 39 MOTION to Dismiss filed by City of Alexander City. (Canupp, David) (Entered: 01/12/2016)
51 REPLY BRIEF re 41 MOTION to Dismiss filed by Willie Robinson. (Canupp, David) (Entered: 01/12/2016)
52 AMENDED DOCUMENT by D'Angelo Foster, Amanda Underwood. Amendment to 47 Report of Rule 26(f) Planning Meeting by the Parties. (Zampierin, Sara) (Entered: 01/15/2016)
54 Minute Entry for proceedings held before Chief Judge William Keith Watkins: Scheduling Conference held on 2/4/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 02/05/2016)
53 ORDERED that, on or before February 19, 2016, the parties shall meet and confer and shall file a joint supplemental report of parties' planning meeting setting forth a proposed discovery plan for limited discovery of unnamed class members, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/5/2016. (kh, ) (Entered: 02/05/2016)
55 Consent MOTION for Protective Order by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Appendix Stipulation and proposed Order for the Production and Exchange of Confidential Information)(Zampierin, Sara) (Entered: 02/16/2016)
56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 2/4/2016, before Judge W. Keith Watkins. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334−240−2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (kh, ) (Entered: 02/16/2016)
57 ORDER granting 55 Motion for Protective Order, as further set out in order. Signed by Honorable Judge Gray Borden on 2/17/2016. (kh, ) (Entered: 02/17/2016)
58 NOTICE OF FILING OF CORRECTED OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings re 56 TRANSCRIPT (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 2/4/2016, before Judge W. Keith Watkins. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334−240−2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/11/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/19/2016. (kh, ) (Entered: 02/19/2016)
59 STATUS REPORT (Joint Supplemental Report of Parties' Planning Meeting) by City of Alexander City, Willie Robinson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Canupp, David) (Entered: 02/19/2016)
60 BRIEF/MEMORANDUM in Support Of Propriety of Proposed Interrogatories for Absent Class Member Discovery filed by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 02/26/2016)
MOTION requesting the Court resolve the discovery dispute in defendants' favor by City of Alexander City, Willie Robinson. (No pdf attached to this entry − See doc 60 for pdf) (wcl, ) (Entered: 12/01/2016)
61 BRIEF/MEMORANDUM in Opposition to Defendants' Requested Discovery on Absent Putative Class Members filed by D'Angelo Foster, Amanda Underwood. (Zampierin, Sara) (Entered: 03/04/2016)

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 9 of 14

03/04/2016
04/01/2016 04/19/2016 04/19/2016 04/19/2016 04/28/2016
04/28/2016 04/29/2016 06/15/2016 06/15/2016 07/12/2016 07/12/2016 07/13/2016 07/13/2016 07/13/2016
07/18/2016

62 AFFIDAVIT re 61 BRIEF/MEMORANDUM in Opposition to Defendants' Requested Discovery on Absent Putative Class Members by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit A − Excerpts of Corrected Transcript of Status Conference, # 2 Exhibit B − Sample Traffic Ticket and Order, # 3 Exhibit C − Sample Misdemeanor Order, # 4 Exhibit D − Page of Jail Log, # 5 Exhibit E − Sample Arrest Report)(Zampierin, Sara) (Entered: 03/04/2016)
63 MOTION for Hearing (EXPEDITED) on Absent Class Member Discovery (UNOPPOSED) by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 04/01/2016)
64 MOTION to Withdraw as Attorney , Motion to Appear Pro Hac Vice, MOTION to Substitute Attorney by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 04/19/2016)
***Attorney Ivy Wang for D'Angelo Foster and Amanda Underwood added pursuant to the 64 motions. (No pdf attached to this entry) (wcl, ) (Entered: 04/19/2016)
65 Pro Hac Vice Filing fee received re 64 motion: $ 50.00, receipt number 4602040838. (wcl, ) (Entered: 04/19/2016)
66 ORDER granting 64 Motion to Substitute Attorneys or Record; ORDER granting 64 Motion to Permit Attorney Valentina Restrepo to Withdraw; ORDER granting 64 Motion to Allow Attorney Ivy Wang to Appear Pro Hac Vice; Counsel shall file a notice of appearance with the court. Signed by Chief Judge William Keith Watkins on 4/28/2016. (wcl, ) (Entered: 04/28/2016)
***Attorney Valentina Restrepo terminated pursuant to the court's 66 order. (No pdf attached to this entry) (wcl, ) (Entered: 04/28/2016)
67 NOTICE of Appearance by Ivy Wang on behalf of D'Angelo Foster, Amanda Underwood (Wang, Ivy) (Entered: 04/29/2016)
Motions No Longer Referred: 41 MOTION to Dismiss, 45 MOTION to Dismiss (Amendment), 63 MOTION for Hearing (EXPEDITED) on Absent Class Member Discovery (UNOPPOSED), 39 MOTION to Dismiss. (No pdf attached to this entry) (wcl, ) (Entered: 06/15/2016)
68 Case Reassigned to Honorable Judge Royce C. Lamberth as presiding judge and Honorable Judge Wallace Capel, Jr. as referral judge; Chief Judge William Keith Watkins and Honorable Judge Gray M. Borden no longer assigned to the case as presiding and referral judges. (wcl, ) (Entered: 06/15/2016)
69 MOTION to Quash and MOTION for Protective Order by Louise Pritchard. (Attachments: # 1 Exhibit Exhibit A − Deposition Notice)(Kinney, Richard). Added MOTION to Quash on 7/13/2016 (wcl, ). (Entered: 07/12/2016)
***Attorney James Wallace Porter, II for Louise Pritchard added pursuant to the 69 motion. (No pdf attached to this entry (wcl, ) (Entered: 07/13/2016)
70 MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity by Randall S. Haynes. (Attachments: # 1 Exhibit A − Deposition Notice)(Pike, James) (Entered: 07/13/2016)
71 Emergency MOTION to Stay Taking of Deposition by Randall S. Haynes. (Attachments: # 1 Exhibit A − Deposition Notice)(Pike, James) (Entered: 07/13/2016)
72 ORDER re 69 Motion to Quash and for Protective Order, 70 Motion for Protective Order and 71 Emergency Motion to Stay; ORDERED that, on or before 7/22/2016, Plfs shall file a written response to the motions and show cause, if any there be, why the motions should not be granted; Movants may file a reply on or before 7/26/2016. Signed by Honorable Judge Wallace Capel, Jr on 7/13/2016. (wcl, ) (Entered: 07/13/2016)
73 Emergency MOTION to Stay Louise Pritchard's Deposition by Louise Pritchard. (Kinney, Richard) Modified on 7/19/2016 to clarify the docket text (wcl, ). (Entered: 07/18/2016)

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 10 of 14

07/20/2016 07/22/2016
07/26/2016 07/26/2016 08/01/2016 08/01/2016 08/11/2016 08/15/2016
08/15/2016 08/18/2016 08/25/2016

74 ORDER Setting Hearing on Motion re 39 , 41 & 45 MOTIONS to Dismiss: Motion Hearing set for Thursday, 8/18/2016 at 03:30 PM in Courtroom 2F before Honorable Judge Royce C. Lamberth. Signed by Honorable Judge Royce C. Lamberth on 7/20/2016. (furn: calendar, ar) (wcl, ) (Entered: 07/20/2016)
75 RESPONSE in Opposition re 71 Emergency MOTION to Stay Taking of Deposition, 70 MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity, 73 Emergency MOTION to Stay Louise Pritchard's Deposition, 69 MOTION for Protective Order MOTION to Quash filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Declaration of Sara Zampierin, # 2 Exhibit A − 30(b)(6) Deposition − Lt. Walters, # 3 Exhibit B − 30(b)(6) Deposition − Lt. Easterwood, # 4 Exhibit C − Haynes Letter, # 5 Exhibit D − Haynes Memo)(Zampierin, Sara) (Entered: 07/22/2016)
76 REPLY to Response to Motion re 71 Emergency MOTION to Stay Taking of Deposition, 70 MOTION for Protective Order to Forbid Taking Deposition Based on Judicial Immunity filed by Randall S. Haynes. (Pike, James) (Entered: 07/26/2016)
77 REPLY BRIEF re 73 Emergency MOTION to Stay Louise Pritchard's Deposition, 69 MOTION for Protective Order MOTION to Quash filed by Louise Pritchard. (Kinney, Richard) (Entered: 07/26/2016)
78 (REVERSED IN PART ONLY AS TO THE RULING ON THE PROTECTIVE ORDER PURSUANT TO THE COURT'S 90 ORDER) ORDER granting 70 Motion for Protective Order; denying as moot 71 Emergency Motion to Stay Deposition. Signed by Honorable Judge Wallace Capel, Jr on 8/1/2016. (wcl, ) Modified on 12/1/2016 (wcl, ). (Entered: 08/01/2016)
79 (REVERSED IN PART ONLY AS TO THE RULING ON THE PROTECTIVE ORDER PURSUANT TO THE COURT'S 90 ORDER) ORDER granting 69 Motion to Quash and for Protective Order; denying as moot 73 Emergency Motion to Stay Deposition. Signed by Honorable Judge Wallace Capel, Jr on 8/1/2016. (wcl, ) Modified on 12/1/2016 (wcl, ). (Entered: 08/01/2016)
80 NOTICE TO COUNSEL: Counsel are advised that the hearing in the cases referred to in note 1 of the Court's 74 Order of 7/20/2016, has been moved from 10:00 AM to 1:00 PM on 8/18/2016. The hearing will still be held in Courtroom 2−F. Signed by Honorable Judge Royce C. Lamberth on 8/11/2016. (wcl, ) (Entered: 08/11/2016)
81 APPEAL OF MAGISTRATE JUDGE DECISION to District Court (Rule 72 Objections to the Magistrate Judge's Orders Granting Protective Orders to Non−Party Deponents) by D'Angelo Foster, Amanda Underwood re 78 Order on Motion for Protective Order, 79 Order on Motion for Protective Order. (Zampierin, Sara) Modified on 8/16/2016 to clarify the docket text to include the "Rule 72 Objections" text (wcl, ). (Entered: 08/15/2016)
MOTION to Reverse re 78 & 79 Orders on Motions for Protective Order by D'Angelo Foster, Amanda Underwood. (No pdf attached to this entry − See doc 81 for pdf) (wcl, ) (Entered: 12/01/2016)
82 Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Motion Hearing held on 8/18/2016 re 41 MOTION to Dismiss filed by Willie Robinson, 45 MOTION to Dismiss (Amendment) filed by Willie Robinson, 39 MOTION to Dismiss filed by City of Alexander City (PDF available for court use only). (Court Reporter Patricia G. Starkie.) (war, ) (Entered: 08/19/2016)
83 NOTICE by D'Angelo Foster, Amanda Underwood of Lodging of Transcript of Rule 30(b)(6) Deposition of Defendant City of Alexander City through Designee Lieutenant James Easterwood (Attachments: # 1 Exhibit Transcript of Deposition of 30(b)(6) Designee James Easterwood, # 2 Exhibit Easterwood Dep. Ex. 501, # 3 Exhibit Easterwood Dep. Ex. 515, # 4 Exhibit Easterwood Dep. Ex. 516, # 5 Exhibit Easterwood Dep. Ex. 518, # 6 Exhibit Easterwood Dep. Ex. 521, # 7 Exhibit Easterwood Dep. Ex. 522, # 8 Exhibit Easterwood Dep. Ex. 523, # 9 Exhibit Easterwood Dep. Ex. 525, # 10 Exhibit Easterwood Dep. Ex. 533, # 11 Exhibit Easterwood Dep. Ex. 534, # 12 Exhibit Easterwood Dep. Ex. 535, # 13 Exhibit Easterwood Dep. Ex. 536, # 14 Exhibit Easterwood Dep. Ex. 537, # 15 Exhibit Easterwood Dep. Ex. 538, # 16 Exhibit Easterwood Dep. Ex. 539, # 17 Exhibit Easterwood Dep. Ex. 540, # 18 Exhibit Easterwood Dep. Ex. 541, # 19 Exhibit

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 11 of 14

08/25/2016
08/29/2016 08/29/2016 08/31/2016 09/06/2016 10/19/2016 12/01/2016
12/14/2016 12/15/2016

Easterwood Dep. Ex. 542, # 20 Exhibit Easterwood Dep. Ex. 543, # 21 Exhibit Easterwood Dep. Ex. 544, # 22 Exhibit Easterwood Dep. Ex. 545, # 23 Exhibit Easterwood Dep. Ex. 546, # 24 Exhibit Easterwood Dep. Ex. 547, # 25 Exhibit Easterwood Dep. Ex. 548)(Brooke, Samuel) (Entered: 08/25/2016)
84 NOTICE by D'Angelo Foster, Amanda Underwood of Lodging of Transcript of Rule 30(b)(6) Deposition of Defendant City of Alexander City through Designee Lieutenant Randy Walters (Attachments: # 1 Exhibit Transcript of Deposition of 30(b)(6) Designee Randy Walters, # 2 Exhibit Walters Dep. Ex. 501, # 3 Exhibit Walters Dep. Ex. 504, # 4 Exhibit Walters Dep. Ex. 511, # 5 Exhibit Walters Dep. Ex. 515, # 6 Exhibit Walters Dep. Ex. 516, # 7 Exhibit Walters Dep. Ex. 518, # 8 Exhibit Walters Dep. Ex. 519, # 9 Exhibit Walters Dep. Ex. 520, # 10 Exhibit Walters Dep. Ex. 521, # 11 Exhibit Walters Dep. Ex. 522, # 12 Exhibit Walters Dep. Ex. 523, # 13 Exhibit Walters Dep. Ex. 524, # 14 Exhibit Walters Dep. Ex. 525, # 15 Exhibit Walters Dep. Ex. 526, # 16 Exhibit Walters Dep. Ex. 527, # 17 Exhibit Walters Dep. Ex. 528, # 18 Exhibit Walters Dep. Ex. 529, # 19 Exhibit Walters Dep. Ex. 530, # 20 Exhibit Walters Dep. Ex. 531, # 21 Exhibit Walters Dep. Ex. 532)(Brooke, Samuel) (Entered: 08/25/2016)
85 BRIEF/MEMORANDUM in Opposition re 81 Appeal of Magistrate Judge Decision to District Court, (Rule 72 Objections to the Magistrate Judge's Orders Granting Protective Orders to Non−Party Deponents) filed by Randall S. Haynes. (Pike, James) Modified on 8/31/2016 to clarify the text. (kh, ). (Entered: 08/29/2016)
86 BRIEF/MEMORANDUM in Opposition to 81 Plaintiffs' Objections filed by Louise Pritchard. (Attachments: # 1 Exhibit Exhibit 1)(Kinney, Richard) Modified on 8/31/2016 to create the docket entry relationship (kh, ). (Entered: 08/29/2016)
87 Objection to re 84 Notice (Other),,,, 83 Notice (Other),,,,, (Objection To Filing of Rule 30(b)(6) Depositions of Defendant) filed by City of Alexander City, Willie Robinson. (Canupp, David) (Entered: 08/31/2016)
88 REPLY BRIEF re 81 Appeal of Magistrate Judge Decision to District Court, filed by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Declaration of Sara Zampierin, # 2 Exhibit A − Deposition of Sgt. Spivey)(Zampierin, Sara) (Entered: 09/06/2016)
89 NOTICE by City of Alexander City, Willie Robinson of Submission of Case to Mediation (Canupp, David) (Entered: 10/19/2016)
90 ORDER construing 81 Objection as a motion to reverse and 60 Brief as a motion requesting the Court resolve the discovery dispute in dfts' favor. Ultimately at issue is the question of whether two individuals with roles in the municipal court system may be deposed as part of this litigation. For the reasons stated herein, the plfs' 81 motion will be GRANTED IN PART and DENIED IN PART. The Court thus reverses in part the protective orders granted in ECF Nos. 78 and 79 in this case and the depositions of the individuals in question may proceed in accordance with this order. The emergency motions to stay ( 71 , 73 ) are still denied as MOOT in light of this order. The second dispute regards interrogatories defendants propose be propounded to absent class members ( 60 , 61 ). For the reasons stated herein, dfts' motion 60 will be DENIED, as further set out in order; To the extent plfs wish to depose Haynes and Pritchard about non−judicial actions or functions, the Magistrate's orders granting protective orders, ECF Nos. 78 & 79 , are REVERSED and plfs' motion objecting to the orders, ECF No. 81 , is GRANTED. However, to the extent that plfs' questions regard judicial functions, such as the mental impressions or decisions of Haynes or Pritchard as regards any individual case, the Magistrate's orders are AFFIRMED. The motions for protective orders ( 69 , 70 ) are thus GRANTED IN PART and DENIED IN PART, as further set out in order; The parties shall provide an update to the Court every 30 days with respect to the status of mediation, as further set out in order. Signed by Honorable Judge Royce C. Lamberth on 12/1/2016. (wcl, ) (Entered: 12/01/2016)
91 NOTICE by City of Alexander City, Willie Robinson, Amanda Underwood, D'Angelo Foster of Tentative Settlement. (Canupp, David) Modified on 12/14/2016 to add as also filed on behalf of the plfs (wcl, ). (Entered: 12/14/2016)
92 NOTE TO COUNSEL: The Court is pleased with the notice of tentative settlement, commends counsel on their efforts, and extends its best wishes for the holidays. The

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 12 of 14

01/17/2017
01/17/2017 01/17/2017 01/17/2017 02/01/2017 02/17/2017 03/13/2017
03/13/2017

notice is very much appreciated. Signed by Honorable Judge Royce C. Lamberth on 12/14/2016. (wcl, ) (Entered: 12/15/2016)
93 JOINT MOTION for Preliminary Approval of Class Action Settlement Agreement and Notice to Class Members by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Supplement − Memorandum in Support, # 2 Exhibit 1 − Settlement Agreement, # 3 Exhibit A to Settlement Agreement, # 4 Exhibit B to Settlement Agreement, # 5 Exhibit C to Settlement Agreement, # 6 Exhibit D to Settlement Agreement, # 7 Exhibit E to Settlement Agreement, # 8 Text of Proposed Order)(Zampierin, Sara) Modified on 1/18/2017 to add as also filed on behalf of the dfts and to clarify the docket text (wcl, ). (Entered: 01/17/2017)
94 Unopposed MOTION for Conditional Certification of the Settlement Class and for Appointment of Class Counsel by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Supplement − Memorandum in Support, # 2 Affidavit of Samuel Brooke in Support)(Zampierin, Sara) Modified on 1/18/2017 to clarify the docket text (wcl, ). (Entered: 01/17/2017)
MEMORANDUM OF LAW in Support re 93 JOINT MOTION for Preliminary Approval of Class Action Settlement Agreement and Notice to Class Members filed by City of Alexander City, D'Angelo Foster, Willie Robinson, Amanda Underwood. (No pdf attached to this entry − See doc 93 for pdf) (wcl, ) (Entered: 01/18/2017)
MEMORANDUM OF LAW in Support re 94 Unopposed MOTION for Conditional Certification of the Settlement Class and for Appointment of Class Counsel filed by D'Angelo Foster, Amanda Underwood. (No pdf attached to this entry − See doc 94 for pdf) (wcl, ) (Entered: 01/18/2017)
95 NOTICE by City of Alexander City, Willie Robinson Of Compliance With 28 U.S.C. § 1715(b) (Attachments: # 1 Declaration of David J. Canupp)(Canupp, David) (Entered: 02/01/2017)
96 MOTION to Withdraw as Attorney by D'Angelo Foster, Amanda Underwood. (Millenky, Susan) (Entered: 02/17/2017)
97 ORDER granting 94 Plaintiffs' Motion for Conditional Certification of theSettlement Class and Plaintiffs' proposed Settlement Class is hereby CONDITIONALLY CERTIFIED for purposes of settlement as follows: All individuals who, on or between September 8, 201 3, and Septembe1 8, 2015, were arrested and jailed for their failure to pay fines and court costs by the Alexander City Police Department. Finally, the Court APPOINTS Plaintiffs' counsel Sara Zarnpierin, San1uel Brooke, and Ivy Wang of the Southern Poverty Law Center and William F. Cavanaugh, Jr. of Patterson Belknap Webb & Tyler as class counsel. Signed by Honorable Judge Royce C. Lamberth on 3/13/2017. (kh, ) (Entered: 03/13/2017)
98 ORDERED that the joint motion for preliminary approval of class settlement and notice to the class is GRANTED, as follows: 1. The Court finds that the proposed Settlement is within the range of fairness and reasonableness and grants preliminary approval of it. 2. This Court has conditionally certified this case for class action treatment pursuant to Federal Rule of Civil Procedure 23 in a separate order filed this date. This Settlement covers the following class of individuals, as futher set out. 3. A hearing on the fairness and reasonableness of the Settlement and whether final approval shall begivenwill be held before this Court on August 4, 2017 at 2:00 p.m. in Montgomery, Alabama. 4. The Court appoints Settlement Services, Inc., as the Settlement Administrator. 5. The Court approves as to form and content the proposed Notice and Claim Form attached as Exhibit D to the parties' Settlement, and directs Defendants to provide Class Counsel with the last known addresses of the Settlement Class Members within seven days. The Court further directs Class Counsel to mail the Notice and Claim Form to each Class Members within fifteen days. Class Counsel shall file a Notice with the Court upon completion of the mailing. 6. The Court also approves as to form and content the proposed Publication Notice attached as Exhibit E. The Court further directs Defendants to post this notice in the Courthouse in Jail and Class Counsel to submit this for publication in the Alexander City Outlook every twoweeks for a total of six times during the claims period. 7. The Court finds that mailing of Notice to the class members and the publicationdescribed in paragraphs 4 and 5 above is the only notice required and that such notice satisfies the requirements of due process and Federal Rule of Civil Procedure 23(e)(l). 8. Any class member who

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 13 of 14

03/13/2017
03/30/2017 05/11/2017 05/11/2017 05/15/2017 07/25/2017
07/25/2017 08/01/2017
08/04/2017 08/04/2017 08/04/2017

desires to exclude himself from the action must submit a written request for exclusion to the Clerk of Court that must be received within 90 days after the date the Class Notice is mailed. The Clerk of Court is directed to docket any such correspondence received.9. Any Class member who wishes to object to the Settlement must submit a written objection to the Clerk of Court that must be received within 90 days after the date the Class Notice is mailed. The Clerk of Court is directed to docket any such correspondence received. 10. The parties may file memoranda in support of the Settlement prier to the fairness hearing. Any submission must be filed no later than ten (10) days prior to the final fairness hearing. Signed by Honorable Judge Royce C. Lamberth on 3/13/2017. (kh, ) (Entered: 03/13/2017)
99 ORDER: Upon consideration of the motion 39 to dismiss filed by defendant City of Alexander City, the motion 41 as amended 45 to dismiss filed by defendant Willie Robinson, and the defendants' motion 63 for hearing on discovery, the Court finds that those motions are DENIED without prejudice in light of the Court's order this date granting the joint motion 93 for preliminary approval of a settlement in this case. The motion 96 of Susan Millenky to withdraw as counsel for plaintiffs is GRANTED. Signed by Honorable Judge Royce C. Lamberth on 3/13/2017. (kh, ) (Entered: 03/13/2017)
100 NOTICE by D'Angelo Foster, Amanda Underwood of Mailing of Settlement Notice and Claim Forms to Settlement Class Members (Zampierin, Sara) (Entered: 03/30/2017)
101 Motion for Admission Pro Hac Vice of Amy N. Vegari by D'Angelo Foster, Amanda Underwood. (Attachments: # 1 Exhibit − Certificate of Good Standing, # 2 Text of Proposed Order)(Zampierin, Sara) Modified on 5/12/2017 to clarify the docket text (wcl, ). (Entered: 05/11/2017)
***Attorney Amy Neda Vegari for D'Angelo Foster and Amanda Underwood added pursuant to the 101 motion. (No pdf attached to this entry) (wcl, ) (Entered: 05/12/2017)
102 Pro Hac Vice Filing fee received re 101 motion: $ 50.00, receipt number 4602045307. (wcl, ) (Entered: 05/17/2017)
103 Joint MOTION for Final Approval of Class Action Settlement Agreement and for Entry of Final Judgment by D'Angelo Foster, Amanda Underwood, City of Alexander City, Willie Robinson. (Attachments: # 1 Memorandum In Support, # 2 Affidavit of Samuel Brooke, # 3 Text of Proposed Order)(Zampierin, Sara) Modified on 7/26/2017 to add as also filed on behalf of the dfts (wcl, ). (Entered: 07/25/2017)
MEMORANDUM in Support re 103 Joint MOTION for Final Approval of Class Action Settlement Agreement and for Entry of Final Judgment filed by City of Alexander City, D'Angelo Foster, Willie Robinson, Amanda Underwood. (No pdf attached to this entry − See doc 103 −1 for pdf) (wcl, ) (Entered: 07/26/2017)
104 TEXT ORDER: ORDERED that the scheduled hearing on the fairness and reasonableness of the Settlement and whether final approval shall be given 98 will be held via video teleconference in Courtroom 2A in Montgomery, Alabama, on 8/4/2017 at 2:00 PM (CST). Signed by Honorable Judge Royce C. Lamberth on 8/1/2017. (furn: calendar, ar, video conference) (wcl, ) (Entered: 08/01/2017)
105 ORDER granting 101 Motion for Admission Pro Hac Vice of Amy N. Vegari. Signed by Honorable Judge Royce C. Lamberth on 8/4/2017. (wcl, ) (Entered: 08/04/2017)
106 Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Settlement Video Conference held on 8/4/2017 (PDF available for court use only). (Court Reporter Tricia Starkie.) (ajr, ) (Entered: 08/04/2017)
107 ORDER OF FINAL APPROVAL OF CLASS SETTLEMENT AGREEMENT AND ENTRY OF FINAL JUDGMENT: IT IS HEREBY ORDERED: 1) The Court previously granted preliminary approval to the class action settlement in this case on 3/13/2017. (Doc. 98 ); 2) The settlement covers the following class of individuals: All individuals who, on or between 9/8/2013, and 9/8/2015, were arrested and jailed for their failure to pay fines and court costs by the Alexander

Case: 3:15-cv-647 As of: 11/22/2019 07:45 PM CST 14 of 14
City Police Department; 3) All of the class members identified were provided notice of this class action settlement and an opportunity to exclude themselves and/or file objections to the settlement. The Court finds that the notice given to the class satisfied the requirements of due process and Rule 23(e) FRCP; 4) No class members requested exclusion from the class action settlement by the 6/21/2017 deadline. No class members objected or asked to be heard by the deadline; 5) The Court approves the settlement and its terms as fair, reasonable, and adequate and approves the amounts to be paid to the Plfs and class members; 6) By means of this Order, the Court hereby enters final judgment in this action, as defined by FRCP 58(a)(1); 7) Without affecting the finality of this final judgment in any way, the Court retains jurisdiction of all matters related to the interpretation, administration, implementation, and enforcement of this Order and the settlement; 8) The Parties are hereby ordered to implement and comply with the terms of the settlement; 9) This action is also dismissed with prejudice, subject to the terms of the settlement agreement. Signed by Honorable Judge Royce C. Lamberth on 8/4/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 08/04/2017)