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