DesRoches v. Caprio, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-00460-RGD
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Summary

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Parties
No Logo James DesRoches, II, Plaintiff

Represented by LAW OFFICE OF FRANK FEIBELMAN

Name Phone Fax E-Mail
Space Frank Morris Feibelman +1 804 355 1300 +3554 355 355 4684 frank@feibelman.com

Represented by Virginia Justice Center for Farm and Immigrant Workers

Name Phone Fax E-Mail
Space Mary Catherine Bauer +1 434 977 0553 +1 434 977 0558 mary@justice4all.org
v.
No Logo City of Norfolk School Board, Defendant

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Harold Phillip Juren +1 757 664 4529
Space Jacob Paul Stroman, IV +1 757 664 4529
No Logo Michael Caprio, Defendant

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Harold Phillip Juren +1 757 664 4529
Space Jacob Paul Stroman, IV +1 757 664 4529
No Logo Roy D. Nichols, Jr., Defendant

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Harold Phillip Juren +1 757 664 4529
Space Jacob Paul Stroman, IV +1 757 664 4529
Attributes
Office Norfolk
Filed 5/8/1997
Jury Demand None
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Judgment - Court Trial
County Norfolk City
Terminated 7/31/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 97-2173[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/14/2001, Entered: 8/30/2001 Docket Annotation
Exhibits destroyed. (ariv)
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Blank 25 Filed: 10/19/1998, Entered: 10/20/1998 USCA Order
Copy of USCA Order awarding the appellants costs in the amount of $679.00 (clerk)
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Blank 24 Filed: 10/19/1998, Entered: 10/20/1998 USCA Judgment
JUDGMENT OF USCA reversing the judgment of the District Court (certified copy) Re: [20-1] appeal by Michael Caprio, Roy D. Nichols, Jr., Norfolk School Board. ob. (clerk)
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Blank 23 Filed: 10/19/1998, Entered: 10/20/1998 USCA Mandate
Opinion of USCA re: [20-1] appeal by Michael Caprio, Roy D. Nichols, Jr., Norfolk School Board (clerk)
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Blank 22 Filed: 9/25/1998, Entered: 9/28/1998 USCA Mandate
Opinion of USCA re: [20-1] appeal by Michael Caprio, Roy D. Nichols, Jr., Norfolk School Board (clerk)
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Blank -- Filed: 9/16/1997, Entered: 9/16/1997 Certificate of Completion
Certification of completion sent to USCA re: [20-1] appeal by Michael Caprio, Roy D. Nichols Jr., Norfolk School Board (clerk)
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Blank 21 Filed: 9/8/1997, Entered: 9/10/1997 OrderCourt Filing
ORDER granting [19-1] motion by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio to Stay Plaintiff's Motion for Attorney's Fees Pending Appeal; entered and filed 9/8/97 (signed by Judge Robert G. Doumar) Copies Mailed: 9/8/97 (clerk)
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Blank -- Filed: 9/4/1997, Entered: 9/8/1997 USCA Case Number
USCA Case Number Re: [20-1] appeal by Michael Caprio, Roy D. Nichols Jr., Norfolk School Board CASE MANAGER: Cynthia W. Carter; USCA NUMBER: 97-2173 (mwin)
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Blank -- Filed: 9/3/1997, Entered: 9/3/1997 Suspense Deadline
**Suspense 9/11/97 for agreed order to stay mo. for fees pending appeal (mwin)
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Blank -- Filed: 9/2/1997, Entered: 9/3/1997 USCA Appeal Fees
USCA appeal fees received 9/2/97 (receipt dated 9/3/97) $105.00 pd. by City of Norfolk; Receipt #200-14852 (mwin)
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Blank -- Filed: 8/29/1997, Entered: 8/29/1997, Terminated: 1/16/1998 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, 7/31/97 order and opinion, 7/31/97 judgment, and docket sheet to USCA w/original and 1 copy of transmittal re [20-1] appeal by Michael Caprio, Roy D. Nichols Jr., Norfolk School Board; copy of docket sheet, notice of appeal, transcript order form, docketing statement to defendants' counsel; copy of notice of appeal to plaintiff's counsel (mwin)
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Blank 20 Filed: 8/28/1997, Entered: 8/29/1997 Notice of Appeal
NOTICE OF APPEAL by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio (Fee not paid) (mwin)
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Blank -- Filed: 8/27/1997, Entered: 8/27/1997 Suspense Deadline
**Suspense 9/4/97 (clerk)
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Blank 19 Filed: 8/26/1997, Entered: 8/27/1997, Terminated: 9/8/1997 Motion to Stay
AGREED MOTION by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio to Stay Plaintiff's Motion for Attorney's Fees Pending Appeal (clerk)
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Blank 18 Filed: 8/25/1997, Entered: 8/25/1997 Affidavit
AFFIDAVIT of Brett A. Loney Re: [15-1] motion by James DesRoches II for Bill of Costs and [15-2] motion Reasonable Attorney Fees (clerk)
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Blank 17 Filed: 8/22/1997, Entered: 8/25/1997 Transcript
TRANSCRIPT OF TRIAL PROCEEDINGS for dates of 5/28/97 (clerk)
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Blank 16 Filed: 8/14/1997, Entered: 8/25/1997 Memorandum in Support
MEMORANDUM by James DesRoches II in support of [15-1] motion for Bill of Costs and [15-2] motion for Reasonable Attorney Fees, received. (clerk)
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Blank 15 Filed: 8/14/1997, Entered: 8/25/1997 Motion for Costs
MOTION by James DesRoches II for Bill of Costs , and Reasonable Attorney Fees (clerk)
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Blank -- Filed: 8/14/1997, Entered: 8/25/1997 Suspense Deadline
**Suspense 8/28/97 (clerk)
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Blank 14 Filed: 7/31/1997, Entered: 7/31/1997 Judgment*
JUDGMENT that Jim DesRoche's constitutional right to be free from an unreasonable search was violated. Granby High School is hereby ORDERED to eliminate all references of James DesRoches's suspension by expunging his transcript and to reinstate him as if he had never been suspended. IT IS FURTHER ORDERED that all monetary damages are hereby DENIED; that Jim DesRoches's due process rights were not violated, and his due process claim is DENIED; that the First Amendment offers Jim DesRoches no additional protection, and his claim is also DENIED: entered and filed by the Clerk on 7/31/97. Copies Mailed: 7/31/97. ob. (clerk)
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Blank 13 Filed: 7/31/1997, Entered: 7/31/1997 OrderCourt Filing
ORDER directing that plaintiff's constitutional right to be free from an unreasonable search was violated; that Granby High School is hereby ordered to eliminate all references to plaintiff's suspension by expunging his transcript and to reinstate him as if he had never been suspended; that all monetary damages are hereby denied; that plaintiff's due process rights were not violated, and his due process claim is denied; that the First Amendment offers plaintiff no additional protection and his claim is denied; entered and filed 7/21/97 (signed by Judge Robert G. Doumar) Copies Mailed: 7/31/97 (clerk)
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Blank -- Filed: 7/31/1997, Entered: 7/31/1997 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 7/31/1997, Entered: 7/31/1997 Terminated Case
Case closed (clerk)
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Blank -- Filed: 7/31/1997, Entered: 7/31/1997 Case Assigned/Reassigned
CASE assigned to Judge Robert G. Doumar (clerk)
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Blank -- Filed: 5/28/1997, Entered: 5/28/1997 Minutes-Miscellaneous
Minute entry: TRIAL PROCEEDINGS; RGD, judge. Sue Ash, OCR. Counsel appeared. Matter came on for trial by court. Witnesses excluded from courtroom. Opening statements. Pltf. presented evidence and rested. Deft. presented evidence and rested. Final arguments. Court takes under advisement. (clerk)
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Blank -- Filed: 5/28/1997, Entered: 5/28/1997, Terminated: 5/28/1997 Bench Trial - Held
Bench trial held (clerk)
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Blank 12 Filed: 5/27/1997, Entered: 5/27/1997, Terminated: 7/31/1997 Answer
ANSWER to Complaint by Michael Caprio, Roy D. Nichols Jr., Norfolk School Board (Attorney Harold Phillip Juren, Jacob Paul Stroman IV) (clerk)
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Blank 11 Filed: 5/23/1997, Entered: 5/27/1997 Trial Brief
TRIAL BRIEF by Michael Caprio, Roy D. Nichols Jr., Norfolk School Board, received. (clerk)
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Blank 10 Filed: 5/21/1997, Entered: 5/22/1997 Transcript
TRANSCRIPT OF PROCEEDINGS for dates of 5/12/97 (clerk)
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Blank 9 Filed: 5/12/1997, Entered: 5/12/1997 Memorandum in Support
MEMORANDUM by James DesRouches, Michael Caprio, Roy D. Nichols Jr., Norfolk School Board in support of [8-1] motion by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches to Dismiss by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches, [8-2] motion by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches for Summary Judgment by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches (clerk)
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Blank 8 Filed: 5/12/1997, Entered: 5/12/1997, Terminated: 7/31/1997 Motion to Dismiss
MOTION by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches to Dismiss , or in the alternative for by Norfolk School Board, Roy D. Nichols Jr., Michael Caprio, James DesRouches for Summary Judgment (clerk)
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Blank -- Filed: 5/12/1997, Entered: 5/13/1997 Minutes-Miscellaneous
Minute entry: MOTION HEARING HELD. RGD, J. (Kathleen Bradley, Zahn-Hall-Zahn). Mary Bauer, ACLU of Virginia, Frank Feibelman & Brett A. Loney appeared on behalf of and with pltf., James Desroches, II. Harold Juren and Jay Stroman, Norfolk City Attorney's Office, appeared on behalf of defts. Came on hearing on pltf.'s motion for TRO. Court scheduled trial on merits on 5-28-97 at 10:00 a.m. Pltf. and deft. pres. evidence & rested. Argument. Parties arrived at settlement of this particular hearing & agreed to maintain status quo until trial date as follows: (1) School Board will pltf. on 5-13-97 at beginning of school day pending of this court on the merits of the case; (2) Pltf. will consent to any searches requested of him at the school pending decision of this court; (3) Administrative hrg. on the suspension scheduled for 5-13-97 is to be deferred after decision by the court; & (4) Neither side in this controvery may use or rely upon this agreement or any of this agreement in any court proceeding. No order to be prepared by Court. (danc) Modified on 05/14/1997
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Blank -- Filed: 5/12/1997, Entered: 5/13/1997 Motion Hearing
Motion hearing held re: [2-1] motion by James DesRoches II for Temporary Restraining Order by James DesRoches II (danc)
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Blank 7 Filed: 5/9/1997, Entered: 5/9/1997 Summons Returned Executed
SUMMONS Returned Executed as to Norfolk School Board 5/8/97 Answer due on 5/28/97 for Norfolk School Board (clerk)
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Blank 6 Filed: 5/9/1997, Entered: 5/9/1997 Summons Returned Executed
SUMMONS Returned Executed as to Roy D. Nichols Jr. 5/8/97 Answer due on 5/28/97 for Roy D. Nichols Jr. (clerk)
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Blank 5 Filed: 5/9/1997, Entered: 5/9/1997 Summons Returned Executed
SUMMONS Returned Executed as to Michael Caprio 5/8/97 Answer due on 5/28/97 for Michael Caprio (clerk)
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Blank 4 Filed: 5/9/1997, Entered: 5/9/1997 Notice of Hearing.
NOTICE of Hearing: for Temporary Restraining Order set for 5/12/97 at 2:00 p.m. (clerk)
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Blank 3 Filed: 5/8/1997, Entered: 5/9/1997 Memorandum in Support
MEMORANDUM by James DesRoches II in support of [2-1] motion by James DesRoches II for Temporary Restraining Order by James DesRoches II (clerk)
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Blank 2 Filed: 5/8/1997, Entered: 5/9/1997 Motion for TRO
MOTION by James DesRoches II for Temporary Restraining Order (clerk)
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Blank 1 Filed: 5/8/1997, Entered: 5/9/1997 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 14001 (clerk)
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Blank -- Filed: 5/8/1997, Entered: 5/9/1997 Motion Hearing
Motion hearing re: [2-1] motion by James DesRoches II for Temporary Restraining Order set at 2:00 p.m. on 5/12/97 (clerk)
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Blank -- Filed: 5/8/1997, Entered: 5/9/1997 Summons Issued
SUMMONS, with 3 copies, issued for Michael Caprio, Roy D. Nichols Jr., Norfolk School Board and delivered to counsel. Magistrate notice. (clerk)
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