Cleveland v. City of Montgomery et al
Filing
59
JUDGMENT; it is ORDERED that the parties' 56 joint motion for entry of agreed settlement order is granted, as further set out in judgment; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; These cases are closed. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
HARRIET DELORES CLEVELAND, )
)
Plaintiff,
)
)
v.
)
)
CITY OF MONTGOMERY and
)
THE HONORABLE MILTON J.
)
WESTRY,
)
)
Defendants.
)
MARKIS ANTWUAN WATTS,
Plaintiff,
v.
CITY OF MONTGOMERY, THE
HONORABLE MILTON J.
WESTRY, and THE HONORABLE
LES HAYES III,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO.
2:13cv732-MHT
(WO)
CIVIL ACTION NO.
2:13cv733-MHT
(WO)
JUDGMENT
In accordance with the opinion entered this date,
it is ORDERED that:
(1) The parties’ joint motion for entry of agreed
settlement order (doc. no. 56) is granted.
(2) The
court
declares
that,
under
the
current
status of the law, the constitutional principles set
out
in
Bearden
v.
Georgia,
461
U.S.
660
(1983),
regarding incarceration for non-payment, and Turner v.
Rogers, --- U.S. ---, 131 S. Ct. 2507 (2011), regarding
notice, apply in municipal-court proceedings and that,
to
the
extent
applicable
in
a
particular
case,
the
judges of the Montgomery Municipal Court are legally
required to follow them.
(3) The
court
Procedures
of
Montgomery
for
the
declares
Municipal
Indigent
that
Court
Defendants
the
of
and
“Judicial
the
City
of
Nonpayment,”
submitted as Exhibit A to the joint motion for entry of
agreed
settlement
order
(ex.
A
to
doc.
no.
56),
facially comply with the constitutional principles set
out
in
Bearden,
regarding
incarceration
non-payment, and Turner, regarding notice.
2
for
(4)
The
court
Procedures
of
Montgomery
the
for
declares
that
Municipal
Indigent
these
Court
of
Defendants
and
“Judicial
the
City
of
Nonpayment”
facially comply with the requirements of the Fourteenth
and Sixth Amendments to the U.S. Constitution, Article
I, §§ 1, 6, and 22 of the Alabama Constitution, and
Rule 26.11 of the Alabama Rules of Criminal Procedure.
The clerk of the court is DIRECTED to enter this
document
on
the
civil
pursuant
to
Rule
58
of
docket
the
as
a
Federal
final
Rules
judgment
of
Civil
Procedure.
These cases are closed.
DONE, this the 17th day of November, 2014.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE
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