University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Abdullah v. County of St. Louis PN-MO-0004
Docket / Court 4:14-cv-01436 ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Policing
Speech and Religious Freedom
Attorney Organization ACLU Chapters (any)
Case Summary
On August 18, 2014, an individual who had been ordered to refrain from standing for more than five seconds on public sidewalks in the City of Ferguson or face arrest, filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The suit was filed against the County of St ... read more >
On August 18, 2014, an individual who had been ordered to refrain from standing for more than five seconds on public sidewalks in the City of Ferguson or face arrest, filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The suit was filed against the County of St. Louis under 42 U.S.C. § 1983 and sought injunctive and declaratory relief, in addition to nominal damages and attorneys' fees. The plaintiff's claims arose from allegations that the County of St. Louis, and various law enforcement agencies involved in the protests arising from the death of Michael Brown in Ferguson, Missouri, instituted a policy of prohibiting individuals from standing on public sidewalks for more than five seconds under threat of arrest in violation of the First Amendment and Due Process Clause of the United States Constitution.

On October 6, 2014, the District Court (Judge Catherine D. Perry) entered a preliminary injunction in favor of the plaintiff on the basis that the defendant's policy of requiring peaceful protestors to walk, rather than stand still, violates the Constitution and that defendant would likely continue to apply the policy without such an injunction. 52 F.Supp.3d 936. Specifically, the preliminary injunction barred defendants from enforcing or threatening to enforce a policy or practice of arresting individuals who are peaceably standing or assembling on the public sidewalks and otherwise complying with all laws.

On November 4, 2014, the plaintiff filed an amended complaint with the defendants' consent, adding three additional plaintiffs and the City of Ferguson as a defendant.

On December 22, 2014, upon the joint motion of the parties, Judge Perry entered an order permanently enjoining the defendants from enforcing or threatening to enforce any rule, policy, or practice granting law enforcement officers the authority to arrest, threaten to arrest, or order to move individuals violating no statute, ordinance, or regulation and who are peaceably standing, marching, or assembling on public sidewalks in Ferguson. Judge Perry awarded the plaintiffs attorneys' fees and costs in the amount of $153,767 on September 24, 2015. 2015 WL 5638064.

The case is now closed.

Brendan Brown - 10/10/2014
Sarah McDonald - 08/19/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of St. Louis
Plaintiff Description A program coordinator for the ACLU of Missouri affected by the Ferguson no standing still policy
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filing Year 2014
Case Closing Year 2016
Case Ongoing No
Docket(s)
4:14-cv-01436 (E.D. Mo.)
PN-MO-0004-9000.pdf | Detail
Date: 08/24/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PN-MO-0004-0002.pdf | Detail
Date: 08/18/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum, Order, and Preliminary Injunction (E.D. Mo.)
PN-MO-0004-0001.pdf | External Link | Detail
Date: 10/06/2014
Source: Plaintiffs' counsel
First Amended Complaint [ECF# 56]
PN-MO-0004-0003.pdf | Detail
Date: 11/04/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 67] (E.D. Mo.)
PN-MO-0004-0004.pdf | Detail
Date: 12/22/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 79] (2015 WL 5638064) (E.D. Mo.)
PN-MO-0004-0005.pdf | WESTLAW | Detail
Date: 09/24/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Perry, Catherine D. (E.D. Mo.)
PN-MO-0004-0001 | PN-MO-0004-0004 | PN-MO-0004-0005 | PN-MO-0004-9000
Plaintiff's Lawyers Clancy, Thomas P. (California)
PN-MO-0004-0003 | PN-MO-0004-9000
Davis-Denny, Grant A. (California)
PN-MO-0004-0003 | PN-MO-0004-9000
Degtyareva, Victoria A. (California)
PN-MO-0004-0003 | PN-MO-0004-9000
Doty, Grant R. (Missouri)
PN-MO-0004-0003 | PN-MO-0004-9000
McNulty, Andrew (Missouri)
PN-MO-0004-0003
Rehn, Nathan M. (California)
PN-MO-0004-0003 | PN-MO-0004-9000
Rothert, Anthony [Tony] E. (Missouri)
PN-MO-0004-0002 | PN-MO-0004-0003 | PN-MO-0004-9000
Trujillo-Jamison, Kenneth M. (California)
PN-MO-0004-0003 | PN-MO-0004-9000
Wilcox, Gillian R. (Missouri)
PN-MO-0004-0002 | PN-MO-0004-0003 | PN-MO-0004-9000
Defendant's Lawyers Isaacson, Robert J. (Missouri)
PN-MO-0004-9000
Layton, James R. (Missouri)
PN-MO-0004-9000
Shuman, Michael A. (Missouri)
PN-MO-0004-9000

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