Williams v. Grand Rapids Public Library

Due Process, Equal Protection claims by patron who says he was told to leave the library because he looked at topless women on his own laptop (not on the Internet). Librarian was not representing library policy, which only forbid "obscenity" not nudity, so Library not liable.
Plaintiff:Donald Williams
Defendant:Grand Rapids Public Library
 
Case Number:1:2006cv00635
Filed:September 8, 2006
 
Court:Michigan Western District Court
Office:Southern Division (1) Office [ Court Info ]
County:Kent
Presiding Judge: Chief Judge Robert Holmes Bell
Referring Judge: Magistrate Judge Joseph G. Scoville
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:42:1983 Other Civil Rights
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$15,000,000.00
Date Filed # Docket Text
September 5, 2006 COMPLAINT RECEIVED; IFP Decision Pending (cr, ) (Entered: September 8, 2006)
September 5, 2006 1 COMPLAINT with Jury Demand and Declaration Under Penalty of Perjury against Grand Rapids Public Library filed by Donald Williams (Attachments:, # 1 Attachment #1, # 2 Civil Cover Sheet) (cr, ) (Entered: September 8, 2006)
September 5, 2006 2 AFFIDAVIT of Financial Status by plaintiff Donald Williams (cr, ) (Entered: September 8, 2006)
September 5, 2006 3 AFFIDAVIT re 1 with Declaration Under Penalty of Perjury by plaintiff Donald Williams (cr, ) (Entered: September 8, 2006)
September 8, 2006 4 ORDER granting plaintiff leave to proceed in forma pauperis; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: September 8, 2006)
September 11, 2006 Copy of Order to Proceed In Forma Pauperis 4 sent via U.S. Mail to plaintiff Williams (gjf) (Entered: September 11, 2006)
September 11, 2006 5 ORDER REFERRING CASE to Magistrate Judge Joseph G. Scoville; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, sdb) (Entered: September 11, 2006)
September 12, 2006 Copy of Order Referring Case to Magistrate Judge 5 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: September 12, 2006)
September 12, 2006 SUMMONS ISSUED as to Grand Rapids Public Library and delivered to US Marshal for service (gjf, ) (Entered: September 12, 2006)
October 18, 2006 7 ACKNOWLEDGMENT OF SERVICE on behalf of Grand Rapids Public Library served on 10/10/2006, answer due 10/30/2006 (mrs, ) (Entered: October 23, 2006)
October 26, 2006 8 ATTORNEY APPEARANCE of Daniel A. Ophoff on behalf of defendant Grand Rapids Public Library (Ophoff, Daniel) (Entered: October 26, 2006)
October 26, 2006 9 MOTION for extension of time to file answer re 1 by defendant Grand Rapids Public Library; (Attachments: # 1 Affidavit Affidavit in Support of the Motion to Extend Time for Filing Responsive Pleading) (Ophoff, Daniel) (Entered: October 26, 2006)
October 26, 2006 10 PROOF OF SERVICE by defendant Grand Rapids Public Library re 8 , 9 Appearance of Counsel and Motion to Extend Time for Filing Responsive Pleading and Affidavit in Support of Motion (Ophoff, Daniel) (Entered: October 26, 2006)
October 26, 2006 11 ORDER granting 9 deft's motion for extension of time to answer; answer due 11/20/06; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: October 26, 2006)
October 26, 2006 Copy of Order on Motion for Extension of Time to Answer 11 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: October 26, 2006)
October 27, 2006 12 DEMAND for TRIAL BY JURY w/certificate of mailing by plaintiff Donald Williams (elc, ) Modified on 11/1/2006 to add text (elc, ). (Entered: November 1, 2006)
October 27, 2006 13 AFFIDAVIT of damages by plaintiff Donald Williams (elc, ) (Entered: November 1, 2006)
October 27, 2006 14 AFFIDAVIT of process of service by plaintiff Donald Williams (elc, ) Additional attachment(s) added on 11/1/2006 (elc, ). (Entered: November 1, 2006)
October 27, 2006 15 APPLICATION for entry of default judgment as to defendant w/certificate of mailing (elc, ) (Entered: November 1, 2006)
October 27, 2006 16 MOTION for default judgment as to defendant w/certificate of mailing by plaintiff Donald Williams; (elc, ) (Entered: November 1, 2006)
October 27, 2006 17 AFFIDAVIT of process of service by plaintiff Donald Williams (Attachments:, # 1 Attachment Executed Summons) (elc, ) (Entered: November 1, 2006)
October 27, 2006 18 RESPONSE TO 9 motion for extended time for filing responsive pleading w/certification of mailing filed by plaintiff Donald Williams (elc, ) (Entered: November 1, 2006)
October 27, 2006 19 AFFIDAVIT of process of service by plaintiff Donald Williams (Attachments:, # 1 Attachment Executed Summons) (elc, ) (Entered: November 1, 2006)
October 30, 2006 20 RESPONSE TO with certificate of service 9 motion for extension of time (document titled Opposition of Motion for Extended Time For Filing Responsive Pleading 2) filed by plaintiff Donald Williams (mrs, ) Modified text on 11/2/2006 (mrs, ). (Entered: 11/02/2006)
October 30, 2006 21 APPEAL OF ORDER 11 filed by plaintiff Donald Williams (document titled Appeal to Order Extending Time) with certification of mailing (Attachments:, # 1 Attachment - Order Extending Time) (mrs, ) Modified text on 11/2/2006 (mrs, ). Modified text on 11/13/2006 (mrs, ). (Entered: November 2, 2006)
November 1, 2006 23 MOTION for sanctions with certification of mailing by plaintiff Donald Williams; (gjf, ) (Entered: November 3, 2006)
November 2, 2006 22 ORDER denying 16 plf's motion for default judgment; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: November 2, 2006)
November 2, 2006 Copy of Order on Application for Entry of Default Judgment, Order on Motion for Default Judgment 22 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: November 2, 2006)
November 6, 2006 24 ORDER denying 23 plf's motion for sanctions; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: November 6, 2006)
November 6, 2006 25 RESPONSE TO 22 order denying motion for default judgment with certificate of mailing filed by plaintiff Donald Williams (mrs, ) (Entered: November 9, 2006)
November 7, 2006 Copy of Order on Motion for Sanctions 24 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: November 7, 2006)
November 14, 2006 26 MEMORANDUM OPINION; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: November 14, 2006)
November 14, 2006 27 ORDER that Plaintiff's appeals re 21 25 are hereby overruled and that the orders of the magistrate judge are affirmed; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: November 14, 2006)
November 15, 2006 Copy of Memorandum Opinion 26 , Order 27 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: November 15, 2006)
November 17, 2006 28 ANSWER to complaint AND AFFIRMATIVE DEFENSES by Grand Rapids Public Library (Ophoff, Daniel) (Entered: November 17, 2006)
November 17, 2006 29 PROOF OF SERVICE by defendant Grand Rapids Public Library re 28 ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES (Ophoff, Daniel) (Entered: November 17, 2006)
November 22, 2006 30 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 12/20/2006 at 11:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; status report due by 12/15/2006; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: November 22, 2006)
November 22, 2006 Copy of Order Setting Rule 16 Scheduling Conference, 30 sent via U.S. Mail to Donald Williams (mrs, ) (Entered: November 22, 2006)
December 1, 2006 31 PROOF OF SERVICE by plaintiff Donald Williams of settlement proposal (mrs, ) (Entered: December 4, 2006)
December 15, 2006 32 JOINT STATUS REPORT submitted for filing by plaintiff Donald Williams, defendant Grand Rapids Public Library (mrs, ) (Entered: December 19, 2006)
December 15, 2006 33 PROOF OF SERVICE by plaintiff Donald Williams re 32 (mrs, ) (Entered: 12/19/2006)
December 20, 2006 34 MINUTES of Rule 16 scheduling conference held before Magistrate Judge Joseph G. Scoville; Case Management Order to issue; (Proceedings Digitally Recorded) (Magistrate Judge Joseph G. Scoville, dmh) (Entered: December 20, 2006)
December 21, 2006 35 CASE MANAGEMENT ORDER: discovery deadline 6/15/07; dispositive motion deadline 7/15/07; jury trial set for 1/22/2008 at 09:00 AM at 601 Federal Building, Grand Rapids, MI before Chief Judge Robert Holmes Bell; final pretrial conference set for 1/11/2008 at 01:00 PM at 601 Federal Building, Grand Rapids, MI before Chief Judge Robert Holmes Bell;signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: December 21, 2006)
December 22, 2006 Copy of Case Management Order, 35 sent via U.S. Mail to Donald Williams (slk, ) (Entered: December 22, 2006)
January 23, 2007 36 MOTION for settlement conference with certificate of mailing by plaintiff Donald Williams; (mrs) (Entered: January 24, 2007)
January 23, 2007 37 MOTION to amend/correct pleading with certificate of mailing by plaintiff Donald Williams; (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(mrs) (Entered: January 24, 2007)
January 25, 2007 38 NOTICE OF MOTION HEARING regarding plf's motion for settlement conference 36 and motion to amend pleadings 37 : responses due by 2/6/2007; motion hearing is set for 2/12/2007 at 09:30 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville;(Magistrate Judge Joseph G. Scoville, mmh) (Entered: January 25, 2007)
January 26, 2007 Copy of Notice of Motion Hearing, 38 sent via U.S. Mail to Donald Williams (mrs) (Entered: January 26, 2007)
February 2, 2007 39 NOTICE OF MOTION HEARING regarding plf's motions to amend complaint 37 and for settlement conference 38 : motion hearing is rescheduled for 2/14/2007 at 09:30 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville;(Magistrate Judge Joseph G. Scoville, mmh) (Entered: February 2, 2007)
February 5, 2007 Copy of Notice of Motion Hearing, 39 sent via U.S. Mail to Donald Williams (mrs) (Entered: February 5, 2007)
February 6, 2007 40 RESPONSE TO MOTION to amend/correct pleading with certificate of mailing 37 , MOTION for settlement conference with certificate of mailing 36 filed by Grand Rapids Public Library (Ophoff, Daniel) (Entered: February 6, 2007)
February 6, 2007 41 PROOF OF SERVICE by defendant Grand Rapids Public Library re 40 response to motion to amend pleadings and motion for settlement conference (Ophoff, Daniel) Modified on 2/7/2007 to edit text (gjf). (Entered: February 6, 2007)
February 13, 2007 42 MOTION to strike 40 response to motion to amend pleadings and motion for settlement conference with certification of mailing by plaintiff Donald Williams; (mrs) (Entered: February 13, 2007)
February 14, 2007 43 MINUTES held before Magistrate Judge Joseph G. Scoville; hearing re: Pltf's MOTION to strike 42 ; Pltf's MOTION to amend/correct pleading 37 ; and Pltf's MOTION for settlement conference 36 ; Order to issue; (Proceedings Digitally Recorded) (Magistrate Judge Joseph G. Scoville, dmh) (Entered: February 14, 2007)
February 14, 2007 44 ORDER denying 36 plf's motion for settlement conference; granting 37 plf's motion to amend complaint; plf to file first amended complaint by 2/28/07; denying 42 plf's motion to strike; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: February 14, 2007)
February 14, 2007 Copy of Order on Motion for Settlement, Order on Motion to Amend/Correct, Order on Motion to Strike 44 sent via U.S. Mail to Donald Williams (mrs) (Entered: February 14, 2007)
February 14, 2007 45 PROOF OF SERVICE by plaintiff Donald Williams for initial disclosures, request for admissions, and production of documents (mrs) (Entered: February 16, 2007)
February 22, 2007 46 PROOF OF SERVICE by defendant Grand Rapids Public Library for Defendants' Rule 26(a)(1) Disclosures (Ophoff, Daniel) (Entered: February 22, 2007)
February 27, 2007 47 AMENDED COMPLAINT against Grand Rapids Public Library filed by Donald Williams (Attachments: # 1 Exhibit 1 - Suggestion Form# 2 Exhibit 2 - Affidavit of Donald Williams# 3 Exhibit 3 - Damages)(mrs) (Entered: March 2, 2007)
February 27, 2007 48 PROOF OF SERVICE by plaintiff Donald Williams re 47 (mrs) (Entered: March 2, 2007)
March 9, 2007 49 ANSWER to amended complaint and affirmative defenses by Grand Rapids Public Library(Ophoff, Daniel) Modified on 3/12/2007 to edit text (gjf). (Entered: March 9, 2007)
March 9, 2007 50 PROOF OF SERVICE by defendant Grand Rapids Public Library re 49 answer to amended complaint and affirmative defenses (Ophoff, Daniel) Modified on 3/12/2007 to edit text (gjf). (Entered: March 9, 2007)
May 3, 2007 51 PROOF OF SERVICE by defendant Grand Rapids Public Library DEFENDANT'S ANSWERS TO PLAINTIFF'S SECOND REQUEST FOR ADMISSIONS (Ophoff, Daniel) (Entered: May 3, 2007)
May 10, 2007 52 PROOF OF SERVICE by defendant Grand Rapids Public Library SUBPOENA AND NOTICE OF TAKING DEPOSITION DUCES TECUM (Ophoff, Daniel) (Entered: May 10, 2007)
May 24, 2007 53 NOTICE to take deposition of Donald Williams by Donald Williams(gjf) (Entered: May 25, 2007)
May 24, 2007 54 PROOF OF SERVICE by plaintiff Donald Williams re 53 (gjf) (Entered: May 25, 2007)
June 11, 2007 55 PROOF OF SERVICE by plaintiff Donald Williams for final list of witnesses and exhibits (gjf) (Entered: June 12, 2007)
June 19, 2007 56 PROOF OF SERVICE by plaintiff Donald Williams for letter requesting review of plaintiff's deposition (elc) (Entered: June 21, 2007)
July 12, 2007 57 ORDER: Exhibit 4 to plf's motion for summary judgment shall be filed under seal; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 07/12/2007)
July 12, 2007 Copy of Order 57 sent via U.S. Mail to Plaintiff (ghl) (Entered: July 12, 2007)
July 12, 2007 62 MOTION for summary judgment with brief by plaintiff Donald Williams; (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 - SEALED# 5 Exhibit 5# 6 Exhibit 6)(mrs) (Entered: July 17, 2007)
July 16, 2007 58 MOTION for summary judgment under authority of Fed.R.Civ.P. 56(b) and (c) by defendant Grand Rapids Public Library; (Ophoff, Daniel) (Entered: July 16, 2007)
July 16, 2007 59 BRIEF in support of MOTION for summary judgment under authority of Fed.R.Civ.P. 56(b) and (c) 58 filed by Grand Rapids Public Library (Attachments: # 1 Affidavit # 2 Affidavit # 3 Deposition Transcript)(Ophoff, Daniel) (Entered: July 16, 2007)
July 17, 2007 60 NOTICE OF MOTION HEARING regarding deft's motion for summary judgment 58 : responses due 8/16/2007; motion hearing is set for 9/12/2007 at 10:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: July 17, 2007)
July 17, 2007 61 PROOF OF SERVICE by defendant Grand Rapids Public Library re 58 , 59 MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT WITH EXHIBITS (Ophoff, Daniel) (Entered: July 17, 2007)
July 18, 2007 63 NOTICE OF MOTION HEARING regarding motions for summary judgment [58, 62]: motion hearing is rescheduled for 9/20/2007 at 10:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville(Magistrate Judge Joseph G. Scoville, mmh) (Entered: July 18, 2007)
July 18, 2007 Copy of Notice of Motion Hearing 60 , and Notice of Motion Hearing 63 sent via U.S. Mail to Donald Williams (mrs) (Entered: July 18, 2007)
August 16, 2007 64 RESPONSE in opposition to MOTION for summary judgment with brief 62 filed by Grand Rapids Public Library (Ophoff, Daniel) (Entered: August 16, 2007)
August 17, 2007 65 PROOF OF SERVICE by defendant Grand Rapids Public Library re 64 reply brief (Ophoff, Daniel) Modified text on 8/20/2007 (mrs, ). (Entered: August 17, 2007)
August 21, 2007 66 ORDER Regarding Sealed Documents; the Original and any copy of Exhibit 4 of pltf's brief in opposition to deft's motion for summary judgment be filed under seal and shall remain under seal until further Order of this Court; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, dmh) (Entered: August 21, 2007)
August 21, 2007 67 RESPONSE in opposition to MOTION for summary judgment under authority of Fed.R.Civ.P. 56(b) and (c) 58 filed by Donald Williams (Attachments: # 1 Exhibit 1 - Suggestion# 2 Exhibit 2 - Summary of Affidavit of Donald Williams# 3 Exhibit 3 - Summary of Damages# 4 Exhibit 4 - Sealed (Production of Documents)# 5 Exhibit 5 - Affidavit of Jason Buzzalini# 6 Exhibit 6 - Summary of Admissions)(mrs) (Entered: August 22, 2007)
August 22, 2007 Copy of Order, 66 sent via U.S. Mail to Donald Williams (mrs) (Entered: 08/22/2007)
August 23, 2007 68 CHANGE OF ADDRESS for plaintiff Donald Williams to 60 S Division St., SE, Apt. 323, Grand Rapids, MI 49503 (mrs) (Entered: August 27, 2007)
September 5, 2007 69 REPLY to response to motion 62 (motion for summary judgment) with certificate of mailing filed by Donald Williams (mrs) Modified text on 9/10/2007 (mrs, ). (Entered: September 6, 2007)
September 20, 2007 70 MINUTES held before Magistrate Judge Joseph G. Scoville; hearing re: Deft's MOTION 58 for summary judgment and Pltf's MOTION 62 for summary judgment; R&R to issue; (Proceedings Digitally Recorded) (Magistrate Judge Joseph G. Scoville, dmh) (Entered: September 20, 2007)
September 21, 2007 71 REPORT AND RECOMMENDATION that deft's motion for summary judgment 58 be granted and that plf's motion for summary judgment 62 be denied; objections to R&R due within 10 days; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: September 21, 2007)
September 21, 2007 Copy of Report and Recommendation, 71 sent via U.S. Mail to Donald Williams (mrs) (Entered: September 21, 2007)
September 28, 2007 72 OBJECTION by plaintiff Donald Williams to Report and Recommendation 71 (Attachments: # 1 Exhibit 1- Suggestion Form# 2 Exhibit 2 - Affidavit of Donald Williams# 3 Exhibit 3 - Damages# 4 Exhibit 4 - Sealed (Production of Documents)# 5 Exhibit 5 - Affidavit of Jason Buzzalini# 6 Exhibit 6 - Admissions of Defendant)(mrs) (Entered: October 1, 2007)
November 9, 2007 73 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 71 ; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb) (Entered: November 9, 2007)
November 9, 2007 74 JUDGMENT in favor of Defendant Grand Rapids Public Library and against Plaintiff Donald Williams on Plaintiff's claim pursuant to 42 U.S.C. Sec. 1983; granting Defendant's 58 motion for summary judgment; denying 62 Plaintiff's motion for summary judgment; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb) (Entered: November 9, 2007)
November 13, 2007 Certified Copy of Order on Motion for Summary Judgment 74 , Order Regarding Report and Recommendation 73 sent via U.S. Mail to Donald Williams (mrs) (Entered: November 13, 2007)
Docket Report Last Checked: October 27, 2008 05:41:52 PDT
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plaintiff: Donald Williams
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defendant: Grand Rapids Public Library
Represented By: Daniel A. Ophoff
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