University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Briggs v. Montgomery CJ-AZ-0003
Docket / Court 2:18-cv-02684 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Criminal Justice (Other)
Attorney Organization Civil Rights Corps
Case Summary
On August 23, 2018, three Maricopa County, Arizona residents who have been referred to Maricopa County's Marijuana Diversion program filed this class action lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued Maricopa County and Treatment Assessment Screening Center, ... read more >
On August 23, 2018, three Maricopa County, Arizona residents who have been referred to Maricopa County's Marijuana Diversion program filed this class action lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued Maricopa County and Treatment Assessment Screening Center, Incorporated, a private company, under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought injunctive and monetary relief, claiming violations of the Fourth and Fourteenth Amendments. The plaintiffs alleged that the Maricopa County Attorney's Office and Treatment Assessment Screening Center jointly operate a marijuana possession diversion program that discriminates against the poor in violation of the Fourteenth Amendment, and leads to unreasonable searches and seizures in violation of the Fourth and Fourteenth Amendments. Specifically, the defendants were, under threat of felony prosecution, subject to longer terms of imprisonment, repeated drug tests and increased fee payments due to their inability to pay fees associated with the program. One class member individually sought injunctive relief to prevent Maricopa County from keeping her in the diversion program if she could not pay the fees associated with completing the program.

The plaintiffs filed an amended complaint on October 12, 2018. The amended complaint added a third representative to the class. The case is ongoing as of October 17, 2018.

Emma Holcomb - 10/17/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Disparate Impact
Disparate Treatment
Fines/Fees/Bail/Bond
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Maricopa
Treatment Assessment Screening Center Incorporated
Plaintiff Description Plaintiffs are Maricopa County, Arizona residents who are or have been part of the county's marijuana diversion program who are not or have not been able to complete the program in the expected 90 days because they are not or have not been able to pay required fees.
Indexed Lawyer Organizations Civil Rights Corps
Class action status sought Yes
Class action status granted Pending
Filed Pro Se Unknown
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
2:18-cv-2684 (D. Ariz.)
CJ-AZ-0003-9000.pdf | Detail
Date: 10/17/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-AZ-0003-0001.pdf | Detail
Date: 08/23/2018
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 20]
CJ-AZ-0003-0002.pdf | Detail
Date: 10/12/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Soto, James Alan (D. Ariz.)
CJ-AZ-0003-9000
Plaintiff's Lawyers Animashaun, Akeeb Dami (District of Columbia)
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Bendor, Joshua David R. (Arizona)
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Chamblee-Ryan, Katherine Ashworth (District of Columbia)
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Eckstein, Timothy Joel (Arizona)
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Defendant's Lawyers Henry, Robert Arthur (Arizona)
CJ-AZ-0003-9000
Kszywienski, Kelly Ann (Arizona)
CJ-AZ-0003-9000
Uglietta, Ann Thompson (Arizona)
CJ-AZ-0003-9000

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