Doe v. City of Albuquerque Featured Case

Can a city restrict a sex offender from using a public library?

Plaintiff - Appellee: JOHN DOE
Defendant - Appellant: CITY OF ALBUQUERQUE
Case Number: 10-2102
Filed: April 28, 2010
Court: U.S. Court of Appeals, Tenth Circuit
Nature of Suit: Other Civil Rights

Opinions

We have the following opinions for this case:

Date FiledDescription
January 20, 2012 Summary Doe v. City of Albuquerque

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
May 1, 2013 [10067516] Case file closed. Shipment to records center due 05/01/2015. [10-2102]
February 13, 2012 58 [9941821] Mandate issued. [10-2102]
February 6, 2012 57 [9939999] Order filed by Judges Briscoe, Ebel and O'Brien re: stipulation re: appropriate fees and costs. The matter is remanded as set forth in the attached order. Served on 02/06/2012.
February 2, 2012 56 [9939388] Stipulation filed by Appellee Mr. John Doe and Appellant City of Albuquerque as to appellee's motion for attorneys' fees and costs. Served on: 02/02/2012. Manner of service: ECF/NDA. --[Edited docket event, text, and filer 02/02/2012 by SLS to reflect title of pleading filed.] PBD
January 27, 2012 55 [9938039] Order filed by Clerk of the Court (ERR) - This matter is before the court on appellee's motion for attorneys' fees. The appellant shall file a response on or before February 10, 2012. Response due for City of Albuquerque. Served on 01/27/2012.
January 26, 2012 54 [9937627] Motion filed by Appellee Mr. John Doe for attorney fees. Served on: 01/26/2012. Manner of service: ECF/NDA. BKE
January 20, 2012 53 [9935670] Judgment for opinion filed.
January 20, 2012 52 [9935665] Affirmed.Terminated on the merits after oral hearing. Written, signed, published. Judges Briscoe, Ebel (authoring) and O'Brien. Mandate to issue.
November 29, 2011 51 [9922509] Appellee/Respondent's supplemental brief filed by Mr. John Doe. 7 paper copies to be provided to the court. Served on 11/29/2011. Manner of Service: ECF/NDA. BKE
November 29, 2011 50 [9922495] Appellant's supplemental brief filed by City of Albuquerque. 8 paper copies to be provided to the court. Served on 11/29/2011. Manner of Service: email, ECF/NDA. PHP
November 29, 2011 This entry has been removed from the docket. [KLP] This was incorrectly docketed as supplemental authority. The brief will be re-docketed. PHP
November 15, 2011 48 [9918478] Order filed by Judges Briscoe, Ebel and O'Brien granting Attorney motion to release oral argument recording. Served on 11/15/2011. See order for further details.
November 1, 2011 47 [9915301] Motion filed by Appellee Mr. John Doe to release the oral argument recording. Served on: 11/01/2011. Manner of service: ECF/NDA. BKE
October 20, 2011 46 [9912121] Order filed by Judges Briscoe, Ebel, and O'Brien Simultaneous Supplemental briefs due before the close of business on Tuesday, 11/29/2011 for Appellant City of Albuquerque, and Appellee John Doe addressing the Administrative Instruction of the City of Abluquerque. ( Please see attached order for further instructions regarding supplemental briefs). Served on 10/20/2011.
February 23, 2011 45 [9842930] Certificate of service filed by Mr. George L. Bach, Jr. for Mr. John Doe, Mr. John C. Bienvenu for Mr. John Doe, Mr. Philip B. Davis for Mr. John Doe, Mr. Brendan K. Egan for Mr. John Doe, Mr. Richard Warren Hughes for Mr. John Doe, Mrs. Laura Louise Schauer Ives for Mr. John Doe and Ms. Maureen A. Sanders for Mr. John Doe. Document served: The Parties Redacted Appendix. Served on 02/21/2011. Manner of Service: US mail. RWH
February 22, 2011 [9842976] Redacted appendix filed by Appellant City of Albuquerque and Appellee Mr. John Doe. Original and 1 copy. Appendix pages: 256. Number of volumes: 1. Hardcopy only. Served on 02/21/2011. Manner of Service: mailed.
February 15, 2011 43 [9840957] Response filed by City of Albuquerque to Appellant Cityof Albuquerque's response to the February 3, 2011 letter submitted by Appellee. Served on 02/15/2011. Manner of Service: ECF/NDA. PHP
February 7, 2011 42 [9838761] Supplemental authority filed by Mr. John Doe. Served on 02/03/2011. Manner of Service: US mail. RWH
February 7, 2011 This entry has been removed from the docket. Appellee's counsel re-submitted 28j letter in a native PDF format. [AT] RWH
January 26, 2011 40 [9835209] Order filed by Clerk of the Court directing the parties to meet and agree on redactions necessary to allow the appendix to be filed publicly without disclosing appellee's identity and to file a redacted version of the appendix which shall not be filed under seal within 60 days of the date of this order. (Redacted appendix due on 03/28/2011.) Served on 01/26/2011.
January 19, 2011 39 [9832816] Case argued by Gregory Wheeler, for Appellant and by Brendan Egan, for Appellee; Submitted to Judges Briscoe, Ebel and O'Brien.
November 30, 2010 [9819643]. Attorney roster correction entry.
November 30, 2010 [9819640] Egan, Brendan K. added to arguing;Wheeler, Gregory S. added to arguing.
November 30, 2010 36 [9819636] Oral Argument Acknowledgment Form filed by City of Albuquerque. Served on 11/30/2010. Manner of Service: ECF/NDA. PHP
November 29, 2010 35 [9819093] Oral Argument Acknowledgment Form filed by Mr. John Doe. Served on 11/29/2010. Manner of Service: ECF/NDA. LLI
November 23, 2010 34 [9818020] Oral Argument Acknowledgment Form filed by Mr. John Doe. Served on 11/23/2010. Manner of Service: ECF/NDA. BKE
November 23, 2010 33 [9817871] Calendar notice sent to counsel. Arguments to be held on Wednesday, January19, 2011 at 09:00 a.m. in Courtroom III, Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form (and the custody status form when applicable) must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date.
October 1, 2010 32 [9802849] Appellant/Petitioner's reply brief filed by City of Albuquerque. Original and 7 copies. Served on 10/01/2010. Manner of Service: ECF/NDA, US mail. PHP
September 15, 2010 [9797553] Minute order filed - Appellant's reply brief due 10/01/2010 by City of Albuquerque. (Text Only - No Attachment)
September 14, 2010 [9797281] Supplemental appendix filed by Appellee Mr. John Doe. Original and 1 copies. Appendix pages: 3. Hardcopy only. Served on 09/13/2010. Manner of Service: US mail.
September 14, 2010 29 [9797234] Errata sheet filed by Brendan K. Egan for Mr. John Doe. Original and 7 copies. Served on 09/14/2010. Manner of Service: US mail. RWH
September 14, 2010 28 [9797169] Appellee's deficient brief filed by Mr. John Doe. Type of deficiency: no prior/related appeals statement (supplemental appendix is ok). Appellee's corrected brief (or errata sheet) due 09/24/2010 for John Doe.--[Edited 09/15/2010 by LAB - brief corrected by errata sheet filed 9/14/10.]
September 13, 2010 27 [9796710] Appellee/Respondent's brief filed by Mr. John Doe. Original and 7 copies. Served on: 09/13/2010. Manner of service: US mail, email. Oral argument requested? Yes. RWH
August 11, 2010 26 [9787779] Appellant's opening brief (as amended and corrected) filed by City of Albuquerque. Original and 7 copies. Served on 08/11/2010 by ECF/NDA. Oral argument requested? y. Appellee's brief due 09/13/2010 for John Doe.
August 11, 2010 25 [9787776] Order filed by Clerk of the Court granting appellant's motion to correct mistaken electronic filings of opening brief. The brief filed on 07/30/2010 (and amended 08/02/2010) will be removed from the docket. The amended and corrected brief will be filed and considered served as of 08/11/2010. 7 hard copies of the brief must be submitted within 2 business days. Served on 08/11/2010.
August 10, 2010 24 [9787621] Appellant's unopposed motion filed by City of Albuquerque to correct mistaken electronic filings of appellant's opening brief. Served on 08/10/2010. Manner of Service: ECF/NDA.
August 2, 2010 [9784929] Minute order filed - Appellee's brief due 09/02/2010 for John Doe. (Text Only - No Attachment)
July 30, 2010 [9784855] Sealed Appendix filed by Appellant City of Albuquerque. Original and 1 copy. Appendix pages: 256. Number of volumes: 1. Hardcopy only. Served on 07/08/2010. Manner of Service: US mail.
July 30, 2010 [9784563] Errata sheet and filing of attachments to opening brief filed by Mr. Peter H. Pierotti, Esq. and Mr. Gregory S. Wheeler for City of Albuquerque. Original and 8 copies. Served on 07/30/2010. Manner of Service: ECF/NDA, US mail. --[Edited 08/02/2010 by SLS to clarify filing in docket text.] --[Edited 08/11/2010 by SLS to remove PDF file from docket entry; an amended brief has been filed.] PHP
July 30, 2010 20 [9784489] Certificate of service filed by Mr. Peter H. Pierotti, Esq. for City of Albuquerque and Mr. Gregory S. Wheeler for City of Albuquerque. Document served: Appendix to Appellant's Opening Brief. Served on 07/08/2010. Manner of Service: US mail. --[Edited 08/02/2010 by SLS to remove certificate of compliance from this docket entry.] PHP
July 30, 2010 [9784487] Appellant/Petitioner's brief filed by City of Albuquerque. Original and 8 copies. Served on 07/30/2010 by U.S. mail. Oral argument requested? Yes. --[Edited 08/02/2010 by SLS to replace scanned PDF with native PDF, correct manner of service and attach certificate of compliance.] --[Edited 08/11/2010 by SLS to remove PDF file from docket entry; an amended brief has been filed.] PHP
July 21, 2010 18 [9781090] Appellant's deficient brief and appendix filed by City of Albuquerque. Type of deficiencies (brief): the sealed briefs were not submitted in separate sealed envelopes; the statements of jurisdiction, issues, case, facts and the summary of argument were not included in the primary portion of the brief (those portions are subject to the type-volume limitations) and should be double-spaced; the footnote(s) are not in compliance with typeface requirements; missing certificate of digital submission. Type of deficiency (appendix): the sealed appendix was not submitted in separate sealed envelopes; no certificate of service. Appellant's corrected brief and a certificate of service and envelopes for the appendix are due on 08/02/2010 for City of Albuquerque.
July 21, 2010 17 [9781017] Order filed by Clerk of the Court provisionally granting appellant's motion to seal appendix. Appellant's opening brief and appendix shall be accepted as filed under seal. The ultimate propriety of keeping the brief and appendix under seal is referred to the merits panel. Served on 07/21/2010.
July 19, 2010 16 [9780325] Sealed motion filed by City of Albuquerque for leave to file appendix under seal. Served on: 07/19/2010 Manner of service: US mail. --[Edited 07/20/2010 by SLS to correct relief and docket text.] PHP
July 12, 2010 15 [9778310] Order filed by Clerk of the Court - Within 7 days from the date of this order, appellant shall file a motion asking leave to file the brief under seal, stating the opposing party’s position as required by Tenth Cir. R. 27.3(C). If the brief was filed under seal pursuant to a protective order entered by the district court, the motion shall so state. Served on 07/12/2010.
July 8, 2010 [9777567] Sealed appellant/petitioner's brief filed by City of Albuquerque. Original and 7 copies. Served on 07/08/2010 by email. Oral argument requested? Yes. --[Edited 07/21/2010 by SLS to note that the brief has been cited as deficient. Edited 08/02/2010 by SLS to remove the deficient brief; a corrected brief has been filed.] PHP
June 3, 2010 13 [9768672] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellant's brief and appendix for 21 days to 07/12/2010 for City of Albuquerque.
May 17, 2010 12 [9763223] Case referred for mediation conferencing. Please open the document link in this notice for additional information.
May 12, 2010 11 [9762281] Filed notice record is complete. Served on 05/12/2010. Manner of Service: 5/12/10. Appellant's brief and appendix due on 06/21/2010 for City of Albuquerque.
May 12, 2010 [9762074] Minute order filed - Notice due that record is complete by 06/07/2010 for Matthew Dykman, District Clerk. (Text Only - No Attachment)
May 12, 2010 9 [9762066] Notice of appearance filed by Mr. Peter H. Pierotti and Mr. Gregory S. Wheeler for City of Albuquerque. CERT. OF INTERESTED PARTIES: n. Served on 05/12/2010. Manner of Service: ECF/NDA.
May 12, 2010 [9762025] Notice of appearance submitted by for Appellant City of Albuquerque for court review. Certificate of Interested Parties: No. Served on 05/12/2010. Manner of Service: email. --[Edited 05/12/2010 by SLS to remove PDF file from docket entry.] PHP
May 12, 2010 7 [9762020] Docketing statement filed by City of Albuquerque. Served on 05/12/2010. Manner of Service: email. PHP
May 12, 2010 6 [9762017] Notice received from City of Albuquerque that a transcript is not necessary for this appeal. Served on: 05/12/2010. Manner of Service: email PHP
May 12, 2010 This entry (notice of appearance) has been removed from the docket 05/12/2010 by SLS as the incorrect document was attached. PHP
April 29, 2010 [9758447] Fee paid. Date paid in District Court on 04/29/2010.
April 28, 2010 3 [9757996] Notice of appearance filed by Mr. John C. Bienvenu, Brendan K. Egan and RIchard W. Hughes for Mr. John Doe. CERT. OF INTERESTED PARTIES: n. Served on 04/28/2010. Manner of Service: ECF/NDA.--[Edited 04/29/2010 by JM to add attorney Richard W. Hughes to the case as counsel for appellee.]
April 28, 2010 [9757981] Notice of appearance submitted by John C. Bienvenu, Brendan K. Egan, Richard W. Hughes for Appellee Mr. John Doe for court review. Certificate of Interested Parties: No. Served on 04/28/2010. Manner of Service: ECF/NDA. JCB
April 28, 2010 1 [9757853] Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/28/2010. Fee is due by 05/12/2010 for City of Albuquerque. Docketing statement due 05/12/2010 for City of Albuquerque. Transcript order form due 05/12/2010 for Gregory S. Wheeler. Notice of appearance due on 05/12/2010 for City of Albuquerque and John Doe.

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Plaintiff - appellee: JOHN DOE
Represented By: George L. Bach
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Defendant - appellant: CITY OF ALBUQUERQUE
Represented By: Peter H. Pierotti
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