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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 were 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 were 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 operated a marijuana possession diversion program that discriminated against the poor in violation of the Fourteenth Amendment, and led 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 case was assigned to Judge James A. Teilborg but immediately reassigned to Judge Steven P. Logan.

On October 12, 2018, the case was reassigned to Judge James A. Soto. That same day, the plaintiffs filed an amended complaint on October 12, 2018, adding a third representative to the class.

In January 2019, the parties agreed to Magistrate Judge Jurisdiction and the case was assigned to Magistrate Judge Eric J. Markovich.

After the submission of the amended complaint, several defendants filed motions to dismiss the case with regards to the allegations leveled against them specifically. Magistrate Judge Eric J. Markovich denied all these motions in a June 18, 2019 order (2019 WL 2515950). He stated that the plaintiffs sufficiently pleaded the elements of a 42 U.S.C. § 1983 claim and that, because the violations of rights were ongoing, there is no statute of limitations concerns. As for the Treatment Assessment Screening Center, he stated that the group was not subject to qualified immunity because it was being sued as an organization, not in individual capacity. He also wrote that the County Attorney was eligible for suit because he oversaw what the plaintiffs allege is a discriminatory practice. He added that as a municipality, the County Attorney was not subject to sovereign immunity.

On September 23, 2019, the plaintiffs submitted a second amended complaint adding another representative to the class. Discovery is ongoing in the case.

Emma Holcomb - 10/17/2018
Ellen Aldin - 06/05/2020


compress summary

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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
Filed 08/23/2018
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Maricopa County, AZ: Diversion
http://www.civilrightscorps.org/
Date: Jun. 18, 2019
By: Civil Rights Corps
[ Detail ] [ External Link ]

  Ability to Pay, Division Fees, Due Process, Equal Protection, Right to Counsel
Fines & Fees Justice Center
Date: Jun. 18, 2019
By: Fines & Fees Justice Center
[ Detail ] [ External Link ]

Docket(s)
2:18-cv-2684 (D. Ariz.)
CJ-AZ-0003-9000.pdf | Detail
Date: 06/01/2020
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]
Order [ECF# 89] (2019 WL 2515950) (D. Ariz.)
CJ-AZ-0003-0003.pdf | WESTLAW | Detail
Date: 06/18/2019
Source: PACER [Public Access to Court Electronic Records]
Second Amended Class Action Complaint and Jury Trial Demand [ECF# 110]
CJ-AZ-0003-0004.pdf | Detail
Date: 09/23/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Markovich, Eric J. Court not on record [Magistrate] show/hide docs
CJ-AZ-0003-0003 | CJ-AZ-0003-9000
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-0003-0004 | CJ-AZ-0003-9000
Bendor, Joshua David R. (Arizona) show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-0004 | CJ-AZ-0003-9000
Boykin, Olevia (District of Columbia) show/hide docs
CJ-AZ-0003-0004 | CJ-AZ-0003-9000
Chamblee-Ryan, Katherine Ashworth (District of Columbia) show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-0004 | CJ-AZ-0003-9000
Downer, Ryan Chasce (District of Columbia) show/hide docs
CJ-AZ-0003-9000
Eckstein, Timothy Joel (Arizona) show/hide docs
CJ-AZ-0003-0001 | CJ-AZ-0003-0002 | CJ-AZ-0003-0004 | CJ-AZ-0003-9000
MacDougall, Sarah (New York) show/hide docs
CJ-AZ-0003-9000
Umana, ImeIme (District of Columbia) show/hide docs
CJ-AZ-0003-9000
Williamson, Virginia (District of Columbia) show/hide docs
CJ-AZ-0003-9000
Young, Stanley (California) show/hide docs
CJ-AZ-0003-9000
Defendant's Lawyers Branco, Joseph James (Arizona) show/hide docs
CJ-AZ-0003-9000
Henry, Robert Arthur (Arizona) show/hide docs
CJ-AZ-0003-9000
Kszywienski, Kelly Ann (Arizona) show/hide docs
CJ-AZ-0003-9000
Lockerby, Jennifer Gail (Arizona) show/hide docs
CJ-AZ-0003-9000
Uglietta, Ann Thompson (Arizona) show/hide docs
CJ-AZ-0003-9000
Weaver, Amanda Zoe (Arizona) show/hide docs
CJ-AZ-0003-9000

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