University of Michigan Law School
Civil Rights Litigation Clearinghouse
HOME
ABOUT
FOR TEACHERS
SEARCH
QUESTIONS
RECENT ADDITIONS
feedback/
suggestions
log in/
register
Case Profile
new search
page permalink
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
compress summary
- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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
Case Details
click to show/hide detail
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
Additional Resources
click to show/hide detail
See this case
at CourtListener.com
(May provide additional documents and, for active cases, real-time alerts)
Documents
click to show/hide detail
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]
People
click to show/hide detail
show all people docs
Judges
Soto, James Alan
(D. Ariz.)
show/hide docs
CJ-AZ-0003-9000
Plaintiff's Lawyers
Animashaun, Akeeb Dami
(District of Columbia)
show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Bendor, Joshua David R.
(Arizona)
show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Chamblee-Ryan, Katherine Ashworth
(District of Columbia)
show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Eckstein, Timothy Joel
(Arizona)
show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-9000
Defendant's Lawyers
Henry, Robert Arthur
(Arizona)
show/hide docs
CJ-AZ-0003-9000
Kszywienski, Kelly Ann
(Arizona)
show/hide docs
CJ-AZ-0003-9000
Uglietta, Ann Thompson
(Arizona)
show/hide docs
CJ-AZ-0003-9000
- click to show/hide ALL -
new search
page permalink
- top of page -
Contact
Report an Error
Privacy Policy