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SECTION CLOSED,STAY U.S. District Court DISTRICT OF KANSAS (Kansas City) CIVIL DOCKET FOR CASE # 2 Martinez v. City of Dodge City et al Assigned to District Judge Daniel D. Crabtree Referred to Magistrate Judge Teresa J. James Cause 42 1983 Civil Rights Act SECTION PlaintiffSECTION Lawrence J. Martinez Date Filed Date Terminated Jury Demand None Nature of Suit 440 Civil Rights Other Jurisdiction Federal Question represented by Katherine Hubbard Equal Justice Under Law 601 Pennsylvania Avenue, NW South Building, Suite 900 Washington, DC 20004 Email khubbard@equaljusticeunderlaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Peter J. Antosh Garcia & Antosh, LLP 1401 Central Ave. Dodge City, KS 67801 Fax Email LEAD ATTORNEY ATTORNEY TO BE NOTICED Phil Telfeyan Equal Justice Under Law 601 Pennsylvania Avenue, NW South Building, Suite 900 Washington, DC 20004 Email ptelfeyan@equaljusticeunderlaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED V. SECTION DefendantSECTION City of Dodge City represented by D. Keith Henson Paule, Camazine & Blumenthal, PC 165 North Meramee Avenue, Suite 110 Clayton, MO 63105 Fax Email khenson@pcblawfirm.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED J. Steven Pigg Fisher, Patterson, Sayler & Smith, LLP - Topeka 3550 SW Fifth Street SECTION DefendantSECTION Ford County TERMINATED Topeka, KS 66603 Fax Email spigg@fisherpatterson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Toby Crouse Foulston Siefkin LLP - OP 32 Corporate Woods, Suite 600 9225 Indian Creek Parkway Overland Park, KS Fax Email tcrouse@foulston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 COMPLAINT with trial location of Kansas City, filed by Lawrence Martinez. (Attachments # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Peter) (Entered 2 CIVIL COVER SHEET by SECTION PlaintiffSECTION Lawrence Martinez. (Antosh, Peter) (Entered 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by SECTION PlaintiffSECTION Lawrence Martinez. (Attachments # 1 Exhibit Peter) (Entered 4 MOTION to Certify Class by SECTION PlaintiffSECTION Lawrence Martinez. (Attachments # 1 Exhibit Peter) (Entered 5 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by SECTION PlaintiffSECTION Lawrence J. Martinez (Antosh, Peter) (Entered 6 MOTION for attorney Phil Telfeyan to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number by SECTION PlaintiffSECTION Lawrence J. Martinez. (Attachments # 1 ECF Registration Form)(Antosh, Peter) (Entered 7 MOTION for attorney Katherine Hubbard to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number by SECTION PlaintiffSECTION Lawrence J. Martinez. (Attachments # 1 ECF Registration Form)(Antosh, Peter) (Entered NOTICE OF JUDGE ASSIGNMENT Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (Entered 8 DESIGNATION OF PLACE OF TRIAL filed by SECTION PlaintiffSECTION Lawrence J. Martinez - trial to be held in Kansas City. (Antosh, Peter) (Entered SUMMONS ISSUED as to All SECTION DefendantSECTION s. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (Entered 9 ORDER granting 6 Motion to Appear Pro Hac Vice of Phil Telfeyan for Lawrence J. Martinez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http //www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm) (Entered 10 ORDER granting 7 Motion to Appear Pro Hac Vice of Katherine Hubbard for Lawrence J. Martinez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http //www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm) (Entered 11 NOTICE of Hearing THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for at 09 00 AM in KC Room 643 before District Judge Daniel D. Crabtree. (mig) (Entered 12 ORDER denying without prejudice 5 SECTION PlaintiffSECTION's Motion to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Teresa J. James on (ts) (Entered CIVIL FILING FEE PAID ONLINE BY CREDIT CARD re 1 Complaint (attorney) (paid $400 fee; Credit Card Receipt Number (Antosh, Peter) (Entered 13 ENTRY OF APPEARANCE by Toby Crouse on behalf of Ford County. (Crouse, Toby) (Entered 14 CLERKS ORDER EXTENDING TIME until for SECTION DefendantSECTION City of Dodge City to answer or otherwise plead. Signed by deputy clerk on (ydm) (Entered 15 CLERKS ORDER EXTENDING TIME until for SECTION DefendantSECTION Ford County to answer or otherwise plead. Signed by deputy clerk on (ydm) (Entered 16 MOTION for attorney D. Keith Henson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number by SECTION DefendantSECTION City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Attachments # 1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Pigg, J.) (Entered 17 ORDER granting 16 Motion to Appear Pro Hac Vice of D. Keith Henson for City of Dodge City pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http //www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered 18 Agreed MOTION to Stay All Proceedings by SECTION DefendantSECTION City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Pigg, J.) (Entered 19 ORDER granting 18 Agreed Motion to Stay All Proceedings by City of Dodge City. In accordance with the agreed/unopposed motion, all proceedings in this case are hereby stayed in order to allow the parties to explore a non-litigation resolution, until February 24, 2016, including the Initial Scheduling Conference and SECTION DefendantSECTION s'deadlines to respond to SECTION PlaintiffSECTION s' complaint, motion to certify class, and motion for temporary restraining order and preliminary injunction. The hearing on SECTION PlaintiffSECTION s' motion for temporary restraining order, currently set for December 2, 2015, is postponed until further order of the Court. Signed by Magistrate Judge Teresa J. James. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ck) (Entered 20 Second Agreed MOTION to Stay All Proceedings by SECTION DefendantSECTION City of Dodge City. (Referred to Magistrate Judge Teresa J. James.) (Pigg, J.) (Entered 21 ORDER granting 20 SECTION DefendantSECTION City of Dodge City's Second Agreed Motion to Stay All Proceedings. For good cause shown and in accordance with the agreed/unopposed motion, all proceedings in this case, including SECTION DefendantSECTION s' deadlines to respond to SECTION PlaintiffSECTION s' complaint, motion to certify class, and motion for temporary restraining order and preliminary injunction continue to be stayed until April 25, 2016 in order to allow the parties to complete their exploration of a non-litigation resolution. Signed by Magistrate Judge Teresa J. James on (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) (Entered 22 STIPULATION OF DISMISSAL With Prejudice as to SECTION DefendantSECTION Ford County by Lawrence J. Martinez. (Antosh, Peter) (Entered 23 Joint MOTION for Entry of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal With Prejudice by SECTION PlaintiffSECTION Lawrence J. Martinez. (Attachments # 1 Exhibit Agreement to Settle All Equitable Claims)(Antosh, Peter) (Motion Referral Removed on (mg)) (Entered MOTION REFERRAL to Magistrate Judge REMOVED as to 23 Joint MOTION for Order of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal With Prejudice. The motion will be resolved by the District Judge.(byk) (Entered 24 ORDER AND JUDGMENT pursuant to the 23 Joint Motion for Entry of Final Declaratory and Injunctive Relief and Joint Stipulation of Dismissal with Prejudice filed by SECTION PlaintiffSECTION Lawrence Martinez and SECTION DefendantSECTION City of Dodge City. Signed by District Judge Daniel D. Crabtree on (mg) (Entered 25 JUDGMENT is entered on the joint motion of plaintiff and defendant City of Dodge City, the Court entered a declaratory judgment and final injunctive relief. The 24 Order and Judgment entered April 26, 2016 describes the terms of both forms of relief. Signed by a deputy clerk on (mg) (Entered

Summary: 


On October 21, 2015, a private plaintiff sued the City of Dodge City, Kansas and Ford County in a civil rights action arising under 42 U.S.C. § 1983. The plaintiff alleged that the Dodge City's wealth-based post-arrest detention scheme violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The plaintiff sought injunctive relief, compensatory damages, and a declaration that the City's wealth-based detention practices were unlawful. The parties agreed to settle that the City would be enjoined from holding an arrestee in custody after a non-warrant arrest on the basis of inability to post bond. The court retains jurisdiction to enforce the injunction but the case otherwise appears closed.

