This case was last updated from U.S. Courts Of Appeals on 08/29/2020 at 08:16:45 (UTC).

Virgil Armstrong v. Carl Whalen, et al

Case Summary

On 06/30/2020 Virgil Armstrong filed a Civil Right - Other Civil Right lawsuit against Carl Whalen. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-35583

  • Filing Date:

    06/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

 

Party Details

Defendant / Appellants

KORE OYETUGA, a Snohomish County Sheriff's Deputy, in his individual capacity, and the marital community comprised thereof

CARL WHALEN, a Snohomish County Sheriff's Deputy, in his individual capacity, and the marital community comprised thereof

SNOHOMISH COUNTY, a municipal corporation

TY TRENARY, Snohomish County Sheriff, in his individual capacity and in his official capacity as Sheriff, Supervisor and Police Maker in his official capacity

CHAD DAUGHERTY, a Snohomish County Sheriff's Deputy, in his individual capacity, and the marital community comprised thereof

Plaintiff / Appellee

VIRGIL ARMSTRONG

Attorney/Law Firm Details

Defendant / Appellant Attorney

Deborah A. Severson

Attorney at Snohomish County Prosecuting Attorney

3000 Rockefeller Avenue, M/S 504

Everett, WA 98201

Plaintiff / Appellee Attorney

John Kannin

Attorney at KANNIN LAW FIRM

18010 Southcenter Parkway

Tukwila, WA 98188-4630

 

Court Documents

#12

(#12) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Correspondence: Certification of no reporter transcript.. Date of service: 08/27/2020 [11804550] [20-35583]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/27/2020 by SLM] (Severson, Deborah) [Entered: 08/27/2020 09:42 AM]

#8

(#8) Filed clerk order (Deputy Clerk: LK): Appellant Snohomish Countys motion (Docket Entry No. [ # 5 ]) for voluntary dismissal is granted. This appeal is dismissed as to appellant Snohomish County only. Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court as to appellant Snohomish County only. The appeal will proceed as to the remaining parties. The opening brief is due October 7, 2020. The answering brief is due November 6, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11757667] (JPD) [Entered: 07/17/2020 04:41 PM]

#7

(#7) Filed order MEDIATION (LW): The assessment conference scheduled for July 21, 2020 is cancelled. On or before July 29, 2020 counsel is requested to contact the mediator to report on the status of the case. [11750967] (SB) [Entered: 07/13/2020 02:46 PM]

#6

(#6) MEDIATION CONFERENCE SCHEDULED - DIAL IN Assessment Conference, 07/21/2020, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11747498] (LW) [Entered: 07/09/2020 01:12 PM]

#5

(#5) Filed (ECF) Appellants Snohomish County, Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Motion to dismiss party from case. Date of service: 07/08/2020. [11745882] [20-35583] (Severson, Deborah) [Entered: 07/08/2020 11:52 AM]

#3

(#3) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen Mediation Questionnaire. Date of service: 07/06/2020. [11743083] [20-35583] (Severson, Deborah) [Entered: 07/06/2020 03:05 PM]

#2

(#2) Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal filed by Snohomish County because the order challenged in the appeal may not be final or appealable as to the County. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); see also Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Within 21 days after the date of this order, appellant Snohomish County shall move for voluntary dismissal of its appeal or show cause why its appeal should not be dismissed for lack of jurisdiction. If Snohomish County elects to show cause, a response may be filed within 10 days after service of the memorandum. If Snohomish County does not comply with this order, the Clerk shall dismiss the Countys appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11741443] (JPD) [Entered: 07/02/2020 04:32 PM]

1 #4

Case Opening Packet

1 #3

Mediation Letter

1 #2

Notice to All Parties and Counsel

#1

Docketing Letter and Briefing Schedule

 

Docket Entries

  • 08/27/2020
  • View Court Documents
  • Docket(#12) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Correspondence: Certification of no reporter transcript.. Date of service: 08/27/2020 [11804550] [20-35583]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/27/2020 by SLM] (Severson, Deborah) [Entered: 08/27/2020 09:42 AM]

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  • 08/19/2020
  • Docket(#11) Streamlined request [10] by Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen to extend time to file the brief is approved. Amended briefing schedule: Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen opening brief due 11/06/2020. Appellee Virgil Armstrong answering brief due 12/07/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11795570] (JN) [Entered: 08/19/2020 04:45 PM]

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  • 08/19/2020
  • Docket(#10) Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen. New requested due date is 11/06/2020. [11794981] [20-35583] (Severson, Deborah) [Entered: 08/19/2020 01:03 PM]

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  • 07/17/2020
  • Docket(#9) Terminated Appellant Snohomish County in 20-35583 [11757672] (JPD) [Entered: 07/17/2020 04:43 PM]

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  • 07/17/2020
  • View Court Documents
  • Docket(#8) Filed clerk order (Deputy Clerk: LK): Appellant Snohomish Countys motion (Docket Entry No. [ # 5 ]) for voluntary dismissal is granted. This appeal is dismissed as to appellant Snohomish County only. Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court as to appellant Snohomish County only. The appeal will proceed as to the remaining parties. The opening brief is due October 7, 2020. The answering brief is due November 6, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11757667] (JPD) [Entered: 07/17/2020 04:41 PM]

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  • 07/13/2020
  • View Court Documents
  • Docket(#7) Filed order MEDIATION (LW): The assessment conference scheduled for July 21, 2020 is cancelled. On or before July 29, 2020 counsel is requested to contact the mediator to report on the status of the case. [11750967] (SB) [Entered: 07/13/2020 02:46 PM]

    Read MoreRead Less
  • 07/09/2020
  • View Court Documents
  • Docket(#6) MEDIATION CONFERENCE SCHEDULED - DIAL IN Assessment Conference, 07/21/2020, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11747498] (LW) [Entered: 07/09/2020 01:12 PM]

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  • 07/08/2020
  • View Court Documents
  • Docket(#5) Filed (ECF) Appellants Snohomish County, Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Motion to dismiss party from case. Date of service: 07/08/2020. [11745882] [20-35583] (Severson, Deborah) [Entered: 07/08/2020 11:52 AM]

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  • 07/06/2020
  • Docket(#4) The Mediation Questionnaire for this case was filed on 07/06/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11743546]. [20-35583] (AD) [Entered: 07/06/2020 06:44 PM]

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  • 07/06/2020
  • View Court Documents
  • Docket(#3) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen Mediation Questionnaire. Date of service: 07/06/2020. [11743083] [20-35583] (Severson, Deborah) [Entered: 07/06/2020 03:05 PM]

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  • 07/02/2020
  • View Court Documents
  • Docket(#2) Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal filed by Snohomish County because the order challenged in the appeal may not be final or appealable as to the County. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); see also Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Within 21 days after the date of this order, appellant Snohomish County shall move for voluntary dismissal of its appeal or show cause why its appeal should not be dismissed for lack of jurisdiction. If Snohomish County elects to show cause, a response may be filed within 10 days after service of the memorandum. If Snohomish County does not comply with this order, the Clerk shall dismiss the Countys appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11741443] (JPD) [Entered: 07/02/2020 04:32 PM]

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  • 06/30/2020
  • View Court Documents
  • Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen Mediation Questionnaire due on 07/07/2020. Transcript ordered by 07/29/2020. Transcript due 08/28/2020. Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen opening brief due 10/07/2020. Appellee Virgil Armstrong answering brief due 11/06/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11738224] (JBS) [Entered: 06/30/2020 12:23 PM]

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