Tohono O'odham Roadblock Incident

Document Timeline:

A list of the most pertinent documentation associated with the December 20, 2002 roadblock, not including updates, appears below. Document links appear in chronological order and include all pertinent legal documentation associated with this incident. This includes defense documentation, FOIA requests, and lawsuit documentation.

While I recommend exploring all the sections associated with this website to help place this documentation in context, this page has been created for those wanting direct access to the legal documentation with a minimum of commentary

#:
Document Title:
Post Date:
Pre-Lawsuit Documentation (I'm the defendant)
1
Arizona Traffic Ticket And Complaint: The complaint generated against me by TOPD Detective Traviolia at the unlawful roadblock
20-Dec-2002
2
Ajo Justice Court Dismissal Order: The judge's order dismissing the case without prejudice after the TOPD violated State law and court rules by failing to file the complaint with the court prior to the initial court date
08-Jan-2003
3
Tohono O'odham Police Department Incident Report: Copy of the Incident report generated by the TOPD
16-Jan-2003
4
Notice of claim against Chief Richard Saunders: Notice of claim filed against Chief Richard Saunders of the TOPD
31-May-2003
5
Notice of claim against Detective George Traviolia: Notice of claim filed against Detective Traviolia of the TOPD
31-May-2003
6
Notice of claim against Lt. Michael Ford: Notice of claim filed against Lt. Ford of the TOPD
31-May-2003
7
Notice of Claim against Officer Eric O'Dell: Notice of claim filed against Officer O'Dell of the TOPD
31-May-2003
8
AZ POST Certified Enforcement Agencies: A list of POST certified law enforcement agencies operating in Arizona
13-Jun-2003
9
Affidavit of Service: Proof of service of the notice of claims generated against the TOPD officers
16-Jun-2003
10
The Second Complaint:  Shortly after receiving the notice of claim, Detective Traviolia maliciously re-filed the charges against me nearly six months after the judge had originally dismissed them without prejudice
20-Jun-2003
11
Court Summons: Ajo Justice Court summons received on July 2, 2003 after Detective Traviolia re-filed the charges against me
25-Jun-2003
12
Pima County Sheriff Open Records Request: A copy of the Open Records request to the Pima County Sheriff's Office and their response. The response includes a copy of the Pima County cross-certification policy but failed to include any other documentation I requested
14-Jul-2003
13
AZ POST Certification for Lt. Michael Ford: A copy of Lt. Michael Ford's AZ POST certification
19-Jul-2003
14
AZ POST Certification for Detective George Traviolia: A copy of Detective Traviolia's AZ POST certification
19-Jul-2003
15
AZ POST Certification for Officer Eric O'Dell: A copy of Officer O'Dell 's AZ POST certification
19-Jul-2003
16
Initial U.S. Customs FOIA Request: Initial FOIA request regarding U.S. Customs involvement at the TOPD roadblock
23-Jul-2003
17
Initial Border Patrol FOIA Request: A FOIA request on Border Patrol activities related to the roadblock.
23-Jul-2003
18
Motion to Suppress Evidence: Our motion requesting the suppression of all evidence against me based upon the unlawful nature of the roadblock
25-Jul-2003
19
Motion for Jury Trial: Our motion demanding trial by jury
25-Jul-2003
20
Initial U.S. Customs FOIA Response: U.S. Customs indicates they're unaware of any Customs agent operating near the roadblock on December 20th. I guess the guy with the 'U.S. Customs' vest and carrying a gun and badge who confronted me was just a figment of my imagination
04-Aug-2003
21
State Opposition to Motions for Jury Trial & Evidence Suppression: The prosecutor's motion opposing a jury trial and the suppression of evidence
07-Aug-2003
22
Defendant Response to State's Opposition To Trial by Jury and Evidence Suppression: Our reply to the prosecutor's opposition to a jury trial and evidence suppression
14-Aug-2003
23
Initial Border Patrol FOIA Response: This response includes documentation related to a single incident in which an alleged pregnant illegal immigrant was transported to the hospital. No reference is made regarding dozens of other individuals I personally observed being rounded up and transported away from the scene by Border Patrol personnel 
19-Aug-2003
24
Second U.S. Customs FOIA Request: A follow-up FOIA request clarifying my first letter.
11-Sep-2003
25
Second Border Patrol FOIA Request: A follow-up FOIA request that clarifies my first request to the Border Patrol and includes additional information such as license plate numbers of Border Patrol vehicles and busses on scene.
11-Sep-2003
26
Border Patrol FOIA Response #2: Similar to the first response, the Border Patrol claims it has no documentation regarding dozens of individuals taken into Border Patrol custody at this suspicionless 'sobriety' roadblock.
30-Sep-2003
27
Second U.S. Customs FOIA Response: This time U.S. Customs claims it has 16 pages of documentation responsive to my request but that it is exempt from release because - get this - a release could be an unreasonable intrusion on the privacy of federal agents involved and could put enforcement policies and procedures in jeopardy.
15-Oct-2003
28
U.S. Customs Appeal: A formal FOIA appeal to Washington D.C. regarding the U.S. Customs FOIA determination
11-Nov-2003
29
Border Patrol FOIA Appeal: A formal appeal regarding the failure of the Tucson sector Border Patrol to reasonably respond to my FOIA requests
11-Nov-2003
30
Attorney Marc Victor interview with Detective George Traviolia: A transcribed phone interview between my defense attorney and Detective George Traviolia
02-Dec-2003
31
Attorney Marc Victor interview with Lt. Michael Ford: A transcribed phone interview between my defense attorney and Lt. Michael Ford
05-Dec-2003
32
U.S. Customs Appeal Acknowledgement: A letter acknowledging receipt of the FOIA appeal.
08-Dec-2003
33
Dismissal with Prejudice: The Judge orders all charges against me dismissed with prejudice after the TOPD refused to provide the court with a subpoenaed copy of their roadblock procedures
09-Dec-2003
34
Court order - no Sanctions: The judge's court order NOT to impose sanctions on the TOPD after they refused to comply with a judicial subpoena to produce records at the pre-trial hearing
19-Dec-2003
Civil Rights Lawsuit Documentation (I'm the plaintiff)
35
Plaintiff Initial Complaint: A copy of the complaint naming four TOPD officers as defendant's in the civil rights lawsuit. Note - I am no longer the defendant but rather the plaintiff. This complaint was filed in the Arizona Superior Court.
19-Dec-2003
36
Plaintiff Arbitration Statement: A document accompanying the lawsuit complaint stating the reasons why the case is not eligible for arbitration
19-Dec-2003
37
Court transcript: A transcript of the Ajo Justice court proceedings from Dec 9, 2003. All charges were dismissed with prejudice.
29-Dec-2003
38
Letter to Judge Casey: A letter I wrote to Judge Casey regarding my disappointment over his order to not impose sanctions on the TOPD
04-Jan-2004
39
Plaintiff Notice of Lawsuit / Waiver Request: A document sent to each defendant to notify them of the lawsuit and request a waiver for service of the summons
Feb-2004
40
Defendant Waiver of Service Acceptance: the TOPD defendants agree to waive service of the complaint.
22-Mar-2004
41
DHS Appeal Acknowledgement: An acknowledgement from the Department of Homeland Security regarding my FOIA Appeal filed five months earlier.
15-Apr-2004
42
Defendant Certification: Certification from United States Attorney Jennifer Guerin that the defendants were acting within the scope of their federal employment at the time of the incident.
18-May-2004
43
Defendant Notice of Removal: U.S. Attorney's motion to remove the lawsuit from the Arizona Superior Court to the United States District Court
19-May-2004
44
Defendant Motion to Substitute: U.S. Attorney's motion to substitute the United States in place of the defendants.
19-May-2004
45
Plaintiff Motion to Remand: Our motion to remand the lawsuit back to the Arizona Superior Court
24-May-2004
46
Plaintiff Opposition to Substitution: Our reply to the U.S. Attorney's motion to substitute the U.S.A. in place of the defendants
24-May-2004
47
Defendant Motion to Dismiss: The TOPD is seeking the dismissal of the lawsuit based upon claims of sovereign and qualified immunity.
26-May-2004
48
Border Patrol Appeal Reply: The Border Patrol finds 12 additional pages responsive to my requests but refuses to release them.
28-May-2004
49
Defendant Opposition to Motion to Remand: The TOPD defendants really want to keep the case out of the State court system.
08-Jun-2004
50
Plaintiff Opposition to Motion to Dismiss: Our response to the proposition that the defendants can't be held liable for their unlawful actions.
15-Jun-2004
51
Defendant Reply to Motion to Dismiss Opposition: Defendant's reply to our objection to the motion to dismiss.
25-Jun-2004
52
Initial BIA FOIA Request: The United States Attorney for the District of Arizona, Paul Charlton, has made the claim that the TOPD is acting under contract with the Bureau of Indian Affairs and as such, all the officers named in the lawsuit are Federal employees. Mr. Charlton has failed to provide a copy of the alleged contract so I am specifically requesting it from the BIA via a FOIA request.
18-Jul-2004
53
Second BIA FOIA request: The original request was mailed certified on July 18, 2004. Postal service records indicate the request was received by the Bureau of Indian Affairs four days later on July 22, 2004. To date - I have not received a response. Here's proof of delivery of the second FOIA request which was sent certified return receipt.
02-Jan-2005
54
Court Order: On December 9, 2004, the first court appearance related to the lawsuit was held in the Federal District Courthouse in Tucson. This is the court order regarding the hearing.
06-Jan-2005
55
BIA Tort Claim: A tort claim I filed against the Bureau of Indian Affairs for malicious prosecution. This claim was initially levied against the defendants but Judge Roll allowed the U.S.A. to be substituted in as the defendant for this claim. As such, I must pursue this claim through the federal agency that employed the TOPD at the time of the incident.
24-Jan-2005
56
Defendant Answer: After the judge refused to dismiss the lawsuit out of hand, the defendants finally responded to the original complaint.
24-Jan-2005
57
Defendant Motion to Reconsider: The defense motion to reconsider the January 6th court order in which the judge refused to dismiss the lawsuit
24-Jan-2005
58
Court Order: Court Order granting, in part, defendants motion for reconsideration
31-Jan-2005
59
Defendant Jury Trial Demand: The defendants demand a jury trial for upcoming court action
04-Feb-2005
60
Plaintiff Motion to Amend Complaint: Now that the case has been federalized, this motion requests permission to amend the complaint to include issues of Federal law
10-Feb-2005
61
Plaintiff Second Amended Complaint: The amended complaint that adds a federal Biven's claim to the original complaint
10-Feb-2005
62
Plaintiff Discovery Request: Our discovery request to defendant's
Feb-2005
63
Defendant Discovery Request: Defendant's discovery request to plaintiff
14-Feb-2005
64
Affidavit of Marc Victor: Testimony regarding authenticity of the interviews with Lt. Ford and Detective Traviolia
23-Feb-2005
65
BIA Tort Claim Acknowledgement: The Phoenix branch of the Bureau of Indian Affairs acknowledges receipt of the tort claim
25-Feb-2005
66
Defendant Reply to Motion to Amend: The defendants have no objection to the filing of an amended complaint but reserve the right to seek a dismissal
28-Feb-2005
67
BIA Response: The Washington, D.C. based BIA FOIA Officer finally responds & redirects my request to the BIA field office in Phoenix, Arizona. This only took 7 months....
03-Mar-2005
68
Evans v McKay: A 9th Circuit Appeals court decision referenced by Judge Roll in his decision to allow the lawsuit to go forward.
06-Mar-2005
69
Affidavit of Terrence Bressi: My affidavit with regards to the sequence of events on the night of the roadblock.
07-Mar-2005
70
Affidavit of Andrew Tubbiolo: Witness to roadblock operations
07-Mar-2005
71
Plaintiff Reply to Non-uniform Interrogatories: My response to the defendant's non-uniform discovery requests
09-Mar-2005
72
Plaintiff Reply to Admissions Request: My response to the defendant's request for admissions
09-Mar-2005
73
Plaintiff Reply to Documentation Request: My response to the defendant's request for documentation
09-Mar-2005
74
Defendant Reply to Non-uniform Interrogatories: Defendant response to our non-uniform interrogatories
11-Mar-2005
75
Defendant Reply to Admissions Request: Defendant response to our admissions requests
11-Mar-2005
76
Defendant Reply to Documentation Request: Defendant response to our documentation requests
11-Mar-2005
77
Affidavit of Lt. Michael Ford #1: Defendant & TOPD Lt present at the roadblock as the on-scene commander
11-Mar-2005
78
Affidavit of Eric O'Dell: Defendant and TOPD K-9 Officer present at the roadblock
11-Mar-2005
79
Affidavit of Joseph Delgado: TOPD Assistant Chief of police attempting to explain why the roadblock document he was supposed to be safe-guarding mysteriously vanished...
11-Mar-2005
80
Affidavit of Richard Saunders: Defendant & TOPD Chief of police
11-Mar-2005
81
Affidavit of George Traviolia: Defendant & TOPD Detective present at the roadblock
11-Mar-2005
82
May 2000 TOPD Roadblock Memo: A TOPD roadblock memo from a May 2000 operation
11-Mar-2005
83
Oct 2003 Roadblock Operations Plan: A TOPD roadblock Operations Plan from Oct 2003
11-Mar-2005
84
DOI/TON Contract: Contract between the TON and the Department of the Interior/Bureau of Indian Affairs
11-Mar-2005
85
BIA Contract Modifications: Contract modifications between the TON and the Department of the Interior
11-Mar-2005
86
TON Constitution - The Tohono O'odham Nation Constitution
11-Mar-2005
87
SR86 Right of Way Docs: Historical documentation related to the Arizona State SR86 easement through the Tohono O'odham Nation
11-Mar-2005
88
Tribal Roadblock Case:  A 1989 tribal court opinion regarding TOPD sobriety roadblocks
11-Mar-2005
89
TON Ordinance 51: TON traffic ordinances
11-Mar-2005
90
TON Ordinance 52: TON traffic ordinances
11-Mar-2005
91
TON Ordinance 97-02: TON Non-member Removal & Exclusion policy
11-Mar-2005
92
Title 66 Statutes: Some of the TON traffic laws adopted from Arizona statutes
11-Mar-2005
93
TOPD Roadblock Work Assignment Memo: List of participating officers and their job assignment
11-Mar-2005
94
Plaintiff's Response to Motion for Reconsideration: Our reply to the defense's request to reconsider
14-Mar-2005
95
Confirmation Letter: My response to the BIA after receiving their confirmation of receipt of my tort claim
19-Mar-2005
96
Phoenix BIA FOIA Request: A letter to the Phoenix BIA Office asking for acknowledgement of receipt of my FOIA request
19-Mar-2005
97
Court Order: Court order granting our motion to amend the complaint
28-Mar-2005
98
Defendant Reply to Plaintiff's Response to Motion for Reconsideration: The defense responds to our reply to their Motion For Reconsideration with supplemental evidence
28-Mar-2005
99
Court Order: Court order vacating a scheduled April 25th hearing in lieu of an in-chambers determination regarding defendant's motion to reconsider.
29-Mar-2005
100
Deposition of Joseph Patterson: A partial deposition of a former TOPD officer testifying on our behalf regarding standard TOPD practices and procedures
11-Apr-2005
101
Declaration of Lt. Michael Ford: Statement from Lt. Ford indicating he doesn't remember referring to the roadblock as a joint task force operation
11-Apr-2005
102
Partial Deposition of Terrence Bressi: Partial defendant filing from a deposition given in late April
27-Apr-2005
103
Partial Deposition of Andrew Tubbiolo: Partial defendant filing from a deposition given in late April
27-Apr-2005
104
Defendant's Supplemental Response to Plaintiff's Request for Documents & Things: A modified response from the defendants to an initial discovery request.
05-May-2005
105
06-May-2005
106
Plaintiff Amended Response to Motion for Reconsideration: Our earlier response is amended to incorporate discovery documentation and highlight the defense's co-mingling of tribal, state, and federal authorities during the roadblock.
06-May-2005
107
Defendant Second Amended Complaint Answer: Defendant response to our second amended complaint
11-May-2005
108
Plaintiff Response to Motion To Dismiss Biven's Claim: Evidence is referenced indicating the defendants were acting within the scope of their federal powers via the presence & active participation of the Border Patrol & U.S. Customs and the U.S. Attorney's certification of their employment status.
11-May-2005
109
27-May-2005
110
27-May-2005
111
Affidavit of Michael Ford #2: Additional statements from Lt. Michael Ford regarding earlier testimony
27-May-2005
112
BIA Tort Claim Reply: The BIA denies the tort claim
22-Jun-2005
113

U.S. Customs FOIA Appeal Response Cover Letter: A five page cover letter from the Department of Homeland Security - U.S. Customs and Border Protection granting my 20 month old FOIA Appeal.

FOIA Response Attachments: Copies of redacted incident reports from December 20, 2002 included with the response to my FOIA Appeal. The documents conclusively show that U.S. Customs agents were on scene prior to the first report of illegal narcotics and actively assisted the TOPD with roadblock operations.

07-Jul-2005

 

07-Jul-2005

114
Plaintiff's Response to Defendant's Reply on Motion for Reconsideration: Additional evidence submitted by showing the joint task force nature of the operation and direct involvement of federal agents
11-Jul-2005
115
Motion For Leave to File Third Amended Complaint: Our request to amend the complaint to include the malicious prosecution charge after the claim was denied administratively by the BIA
20-Jul-2005
116
Defendant's Objection to Recent U.S. Customs FOIA Evidence: The defense argues against allowing the recent evidence from U.S. Customs to be entered into the court record
21-Jul-2005
117
Plaintiff's Request for Hearing on Latest Motions: We request a hearing to flush out all the issues associated with the outstanding motions and to discuss possible perjured defendant statements
02-Aug-2005
118
Response to Motion for Leave to File Third Amended Complaint: The defendants indicate they do not object to the motion but will seek to separate the malicious prosecution claim from the other claims at a later date
03-Aug-2005
119
Border Security Conference FOIA Request: My request for documentation regarding who attended to Border Security Conference and what speeches were given.
25-Aug-2005
120
Final Administrative Denial of the Border Patrol FOIA Appeal: Peter Gregory, Department of Homeland Security's administrative law division, has denied my FOIA appeal and ruled that a release of the documents would represent an invasion of privacy for the Border Patrol agents who participated in the unlawful roadblock on December 20, 2002.
15-Sep-2005
121
PCSD Open Records Request: A request for a copy of the Pima County Sheriff's Department Roadblock guideline and procedures
06-Sep-2005
122
PCSD Roadblock Guidelines: Pima County Sheriff Department Sobriety Roadblock Guidelines in force on Labor Day weekend 2005. In contrast, the TOPD has no guidelines
05-Oct-2005
123
Sobriety Roadblock Public Notice: The roadblock press release from the Sheriff's Dept. indicating a sobriety roadblock would be conducted in Pima County. The location of the checkpoint was not released to the public. In contrast, the TOPD makes no public announcements regarding pending operations
05-Oct-2005
124
Sobriety Roadblock Memorandum: A memo regarding an upcoming Pima County Sheriff Dept. roadblock operation. The memo indicates the operation will be funded by the Governor's Office of Highway Safety and that all participants should work their schedule so that time spent at the roadblock constitutes overtime.
05-Oct-2005
125
PCSD Sobriety Roadblock Briefing: A Pima County Sheriff Dept. briefing conducted just prior to a roadblock in which specific instructions were presented to all participating officers. Of interest are instructions that absent reasonable suspicion, individuals who choose to avoid the roadblock or not roll down their window and interact with officers after being stopped should be allowed to go on their way. In addition, a driver's license check or check for other documentation was not part of the operation. In contrast, the TOPD explicitly chases down individuals who choose to avoid their roadblocks or arrests those who ask questions regarding their legitimacy. The TOPD also demand documentation and conduct vehicle searches absent reasonable suspicion.
05-Oct-2005
126
PCSD Sobriety Roadblock Statistics: A Sheriff Dept. report indicating 571 stops were made during the roadblock operation with 4 DUI arrests resulting - a hit rate of 0.7%.
05-Oct-2005
127
Court Order - Defendant Motion for Reconsideration: Judge Roll discounts the overwhelming evidence of federal involvement at the roadblock and dismisses our Bivens claim and 42 USC 1983 civil rights claim regarding everything that happened prior to the arrest. The order was signed 26-Sep-2005 but we received no notification until late October.
28-Oct-2005
128
Court Order - Third Amended Complaint: Judge Roll accepts our third amended complaint. Malicious prosecution claim to be rolled back into lawsuit after administration denial by BIA. The order was signed 26-Sep-2005 but we received no notification until late October.
28-Oct-2005
129
Conference Documentation FOIA Response: CBP responds with a demand for an explanation on why I want the documentation along with a demand for biographic data from me.
19-Oct-2005
130
Remarks of U.S. Customs Commissioner Robert C. Bonner: Native American Border Security Conference (10/07/2002): A conference attended by native american tribal representatives where models for increased cooperation between federal and tribal authorities is discussed in detail. Specifically the 'joint task force' model is highlighted. This is important in that the Tohono O'odham Nation is represented and used as an example for cooperative efforts with federal authorities. This conference took place 2 months before the unconstitutional roadblock on the Tohono O'odham Reservation that led to this lawsuit.
28-Oct-2005
131
Closing Remarks of CBP Commissioner Robert C. Bonner: Native American Border Security Conference (10/08/2002): Commissioner Bonner explicitly thanks TOPD Chief Richard Saunders for participating in the conference. This document shows that the defendants were very familiar with 'joint task force' operations prior to carrying out their illegal roadblock and that they were actively seeking ways to implement such joint task forces on the reservation.
28-Oct-2005
132
Southern Arizona Permanent Checkpoint Study FOIA Request: A FOIA request for an April of 2005 U.S. Customs and Border Protection study regarding the establishment of permanent Border Patrol checkpoint in Southern Arizona
03-Nov-2005
133
Plaintiff Motion For Reconsideration: Our request for reconsideration given errors in fact in the ruling and a failure to consider evidence regarding federal involvement at the roadblock
07-Nov-2005
134
Second CBP FOIA Request for Conference Documentation: After an unlawful refusal to process my first FOIA request, I generated a second letter citing sections of the Freedom of Information Act directly
07-Nov-2005
135
U.S. Customs & Border Protection (CBP) FOIA Response: In violation of the Freedom of Information Act, CBP demands that I submit several forms of biographical data before responding to my FOIA request along with a letter explaining why I want the data. The letter does not contain the name of the agent responding to my request or a FOIA case number.
22-Nov-2005
136
Defendant Response to Plaintiff Motion For Reconsideration: Even though the federal rules of civil procedure bar the defendant's from responding to our motion for reconsideration unless ordered to do so by the judge, that didn't stop Roger Frazier from ignoring the rules and doing so anyway.
22-Nov-2005
137
Defense Attorney Letter Regarding New TOPD Roadblock Guidelines: A letter from the defendant's attorney indicating that new TOPD Roadblock Guidelines were implemented in August 2005. The letter requests a stipulation that the guidelines be kept secret and not posted to this website. The stipulation was denied and the defense forwarded the guidelines anyway.
23-Nov-2005
138
Defendant's Second Supplemental Response To Plaintiff's Request for Production of Documents and Things: On August 17, 2005, the TOPD finally generated a 'Sobriety Checkpoint Policy'. We weren't notified of the policy until November 2005 when the defendant's initially sought to have it filed under seal. I refused and in December the policy was filed with the court in the open.
28-Dec-2005
139
Answer of defendant United States to Third Amended Complaint: U.S. Attorney Gerald Frank responds to our amended complaint naming the United States for malicious prosecution as a defendant in this action. Frank denies having any knowledge related to the allegations but asks the court to dismiss the charges
06-Jan-2006
140
DOJ News Release: Border Patrol, Native American Leaders Meet to Bolster Border Security: I came across this press release from the DOJ highlighting a Border Security Conference between tribal police and the Border Patrol in early 2002. This was followed up by a second conference many months later in which Defendant Chief Richard Saunders was a guest speaker. Conveniently enough, DHS has refused to respond to FOIA requests regarding these conferences.
02-May-2006
141
Court Order denying our motion for reconsideration.
23-May-2006
142
Court Order to setup a pre-trial scheduling conference.
31-May-2006
143
Joint scheduling conference report filed with the court to establish proposed dates for all pre-trial action
27-Jun-2006
144
Court issued scheduling order received. This document lays out the pre-trial schedule through April of 2007
05-Jul-2006
145
Defendants file a Motion for Summary Judgment with the court in an attempt to avoid full discovery
22-Aug-2006
146
22-Aug-2006
147
Court approves two month extension to plaintiff's response to to Motion for Summary Judgment
21-Sep-2006
148
Notice of Depositions: Links to notice of depositions served on defendants Ford, O'Dell, Saunders, and Traviolia and one Subpoena served on DHS Agents Bill Dreeland
28-Oct-2006
149
Defendant Motion for Protective Order: Defendants seek not only to impermissibly limit the scope of deposition questions but to also prohibit plaintiff from disseminating digital audio files of the upcoming depositions.
28-Oct-2006
150
Defendant Exhibits in Support of Protective Order: Defendant supporting documentation regarding the protective order referenced at 149.
28-Oct-2006
151
Defendant Motion for Expedited Hearing on Protective Order: Defendant seek an expedited oral hearing take place to decide the issue of the protective order.
28-Oct-2006
152
Plaintiff's Opposition to Defendant's Motion for Protective Order: We file our opposition to defendant's proposed protective order that would deny the public access to discovery information and unreasonably limit the scope of deposition questioning
30-Oct-2006
153
30-Oct-2006
154
30-Oct-2006
155
Court order regarding defendant's Motion for Protective Order
31-Oct-2006
155
24-Nov-2006
156
24-Nov-2006
157
Deposition of U.S. Customs Senior Special Agent William Dreeland - On November 2-3, 2006, we deposed four defendant tribal police officers and one federal agent who was on-scene during the roadblock and participated in roadblock operations. William Dreeland, a senior agent with over 23 years of experience, was that federal agent.
25-Feb-2007
158
Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment: This is the defendant's response to our motion in opposition to summary judgment
25-Feb-2007
159
Defendant's Response to Plaintiff's Statement of Facts: This is the defendant's response to our facts associated with our motion in opposition to summary judgment
25-Feb-2007
160
Defendant United States of America's Motion for Summary Judgment: U.S. Attorney Gerald Frank seeks summary judgment regarding our malicious prosecution claim
25-Feb-2007
161
Defendant United States of America's Statement of Facts in Support of Motion for Summary Judgment: Gerald Frank's statement of facts regarding his motion for summary judgment
25-Feb-2007
162
05-Mar-2007
163
05-Mar-2007
164
Tucson District Court Order issued by judge John Roll granting defendant's Motion for Summary Judgment and dismissing the remaining claims against the defendant police officers. This action paves the way for a 9th Circuit Court of Appeals challenge regarding Judge Roll's cumulative rulings in this case.
29-Mar-2007
165
Defendant United States Reply to Plaintiff's Opposition to Motion for Summary Judgment: Assistant U.S. Attorney Gerald Frank responds to our opposition to his motion for summary judgment
03-Apr-2007
9th Circuit Appeal Documentation
166
Plaintiff Notice of Appeal filed with 9th circuit court
03-May-2007
167
Judge Roll grants summary judgment to USA. Amended notice of appeal to be filed with 9th circuit
16-May-2007
168
November 2006 Deposition of Tohono O'odham Police Chief Richard Saunders
02-Aug-2007
169
November 2006 Deposition of Tohono O'odham Police Lt. Michael Ford
02-Aug-2007
170
November 2006 Deposition of Tohono O'odham Police Detective George Traviolia
02-Aug-2007
171
November 2006 Deposition of Tohono O'odham Police Officer Eric O'Dell
02-Aug-2007
172
Plaintiff-Appellant 9th Circuit Court of Appeals Opening Brief filed
04-Sep-2007
173
Defendant-Appellee police officers respond to Appellant Opening Brief
18-Oct-2007
174
Defendant-Appellee USA responds separately to Appellant Opening Brief regarding the malicious prosecution claim
18-Oct-2007
175
Defendant-Appellee Motion For Sanctions filed with 9th Circuit alleging frivolous arguments in opening brief
26-Oct-2007
176
Tohono O'odham Nation Motion to File Amicus Curiae Brief with 9th Circuit
29-Oct-2007
177
Brief of Amicus Curiae Tohono O'odham Nation in Support of Defendant Appellees filed
29-Oct-2007
178
Appellant Consolidated Reply Brief to defendant police officers and federal government briefs have been filed. Now we wait for oral argument
05-Nov-2007
179
9th Circuit court order granting motion to file TON Amicus Curiae Brief while denying motion for sanctions
05-Nov-2008
180
9th Circuit rules in favor of Checkpoint USA and remands case back to District court for further proceedings
04-Aug-2009
Post 9th Circuit Documentation
181 Deposition of Former TOPD Officer Nicholas Romero Posted 17-Feb-2011
182 Joint Report For Scheduling Conference - a report filed with tech court by both parties laying out the issues for trial 12-Apr-2011
183 Plaintiff's 4th Amended Complaint (consolidates remaining claims after 9th circuit ruling) 17-May-2011
Discovery Documentation (second set)
184 Defendant's Request For Admissions (second set) 28-Jun-2011
185 Defendant's Request For Non-Uniform Interrogatories (second set) 28-Jun-2011
186 Defendant's Request For Documents & Things (second set) 28-Jun-2011
187 Plaintiff's Request For Admissions (second set) 01-Jul-2011
188 Plaintiff's Request For Documents & Things (second set) 01-Jul-2011
189 Defendant's 3rd Supplemental Disclosure Statement 25-Jul-2011
190 Plaintiff's Responses To Request For Admissions (second set) 25-Jul2011
191 Plaintiff's Responses To Non-Uniform Interrogatories (second set) 25-Jul2011
192 Plaintiff's Responses To Request For Documents & Things (second set) 26-Jul2011
193 Court Order Granting 4th Amended Complaint 26-Jul-2011
194 Defendant's 4th Supplemental Disclosure Statement 01-Aug-2011
195 Defendant's Privilege Log Regarding Plaintiff's Request For Production of Documents & Things (second set) 01-Aug-2011
196 Defendant's Response to Plaintiff's Request For Admissions (second set) 01-Aug-2011
197 Defendant's Response to Plaintiff's Request For Production of Documents & Things (second set) 01-Aug-2011
Summary Judgment Documentation (post 9th circuit decision)
198 Defendants’ Motion For Summary Judgment 06-Sep-2011
199 Defendants’ Statements Of Fact In Support Of Motion For Summary Judgment 06-Sep-2011
200 Defendants’ Motion For Summary Judgment Exhibit #1: Responses To Requests For Admissions 06-Sep-2011
201 Defendants’ Motion For Summary Judgment Exhibit #2: Selected Deposition of Nicholas Romero 06-Sep-2011
202 Defendants’ Motion For Summary Judgment Exhibit #3: Traviolia Incident Report 06-Sep-2011
203 Defendants’ Motion For Summary Judgment Exhibit #4: TON Subpoena 06-Sep-2011
204 Defendants’ Motion For Summary Judgment Exhibit #5: Affidavit of Joseph Delgado, 2008 TOPD Checkpoint Guidelines, etc 06-Sep-2011
205 Defendants’ Motion For Summary Judgment Exhibit #6: Declaration of Joseph Martinez & TON DUI Statistics 06-Sep-2011
206 Plaintiff's Motion For Summary Judgment 06-Sep-2011
207 Plaintiffs’ Statements Of Fact In Support Of Motion For Summary Judgment 06-Sep-2011
208 Defendants’ Response To Plaintiff’s Motion For Summary Judgment 11-Oct-2011
209 Defendants’ Response To Plaintiff’s Statement Of Facts Of September 6, 2011, And Defendants’ Separate Statement Of Facts In Support Of Their Opposition To Plaintiff’s Motion For Summary Judgment 11-Oct-2011
210 Defendant Summary Judgment Reply Exhibit #1: Affidavit Of Former Chief of Police Richard Saunders 11-Oct-2011
211 Defendant Summary Judgment Reply Exhibit #2: Affidavit Of Current TOPD Chief of Police Joseph Delgado 11-Oct-2011
212 Defendant Summary Judgment Reply Exhibit #3: Affidavit Of TOPD Officer Michael Ford (exhibit 3) 11-Oct-2011
213 Defendant Summary Judgment Reply Exhibit #4: Affidavit Of TOPD Officer George Traviolia 11-Oct-2011
214 Defendant Summary Judgment Reply Exhibit #5: Deposition of Former TOPD Officer Nicholas Romero 11-Oct-2011
215 Defendant Summary Judgment Reply Exhibit #6: Affidavit Of Joseph Martinez 11-Oct-2011
216 Plaintiff's Response To Defendants' Motion For summary Judgment 11-Oct-2011
217 Plaintiffs’ Statement Of Fact In Support Of Plaintiff's Response To Defendant's Motion For Summary Judgment 11-Oct-2011
218 Defendants’ Response To Plaintiff’s Statement Of Facts In Support Of Plaintiff’s Response To Defendants’ Motion For Summary Judgment 31-Oct-2011
219 Defendant’s Second Supplemental Disclosure Statement (exhibit 1) 31-Oct-2011
220 Defendant’s Amended Non-Expert Witness List (exhibit 2) 31-Oct-2011
221 Reply On Plaintiff's Motion For Summary Judgment 31-Oct-2011
222 Court Order Granting Oral Argument for Summary Judgment on December 21, 2011 01-Dec-2011
223 Court Order Re Cross-Motions For Summary Judgment 23-Jan-2012
224 Court Order Setting Final Pretrial Conference 23-Jan-2012
225 Joint Pretrial Report/Order 22-Feb-2012
226 Court Order Regarding Pretrial Conference for March 19, 2012 23-Feb-2012
227 Defendant Memorandum For Pretrial Conference 09-Mar-2012
228 Plaintiff's Memorandum For Pretrial Conference 13-Mar-2012
229 Defendant Response To Plaintiff's Memorandum For Pretrial Conference 14-Mar-2012
230 Defendant Exhibit to Response To Plaintiff's Memo For Pretrial Conference 14-Mar-2012
Motions In Limine
231 Plaintiff's Motion In Limine 27-Apr-2012
232 Defendants’ Motion In Limine (First) Re: Adequate Training 30-Apr-2012
233

Defendants’ Motion In Limine (Second) Re: To Admit Incident Reports Of Other Incidents

* Exhibit A: Incident Reports

30-Apr-2012
234

Defendants’ Motion In Limine (Third) Re: Damages For Stress Of Litigation & Fear Of Losing Employment

Exhibit A: Non-uniform Interrogatories

30-Apr-2012
235 Defendants’ Motion In Limine (Fourth) Re: Evidence Of
Compensatory Damages
30-Apr-2012
236

Defendants’ Motion In Limine (Fifth) Re: Shonk Memorandum & Saunders’ Deposition Testimony That It Was “Policy” On December 20, 2002

* Table of Contents for Defendant's Exhibits in Support of 5th Motion in Limine
* Exhibit A: Shonk Memorandum
* Exhibit B: Deposition of Richard Saunders
* Exhibit C: Deposition of Michael Ford
* Exhibit D: Response To Request For Production #1

30-Apr-2012
237

Defendants’ Motion In Limine (Sixth) Re: Evidence Of Line Officers Traviolia’s & Romero's Thoughts Or Subjective Intent Of Purposes Of Checkpoint

* Table of Contents for Defendant's Exhibits in Support of 6th Motion in Limine
* Exhibit A: Report of Officer Nicholas Romero
* Exhibit B: Deposition of Nicholas Romero

30-Apr-2012
238

Defendants’ Motion In Limine (Seventh) Re: Transcript Of Evidentiary
Hearing In State V. Bressi

* Table of Contents for Defendant's Exhibits in Support of 7th Motion in Limine
* Exhibit A: Transcript of Evidentiary Hearing
* Exhibit B: Deposition of Michael Ford

30-Apr-2012
239

Defendants’ Motion In Limine (Eighth) Re: Work Product Privilege Related To Communications With Nicholas Romero

* Table of Contents for Defendant's Exhibits in Support of 8th Motion in Limine
* Exhibit A: Deposition of Nicholas Romero
* Exhibit B: Defendants Response to Plaintiff's Request For Documents & Things (Second Set)

30-Apr-2012
240 Defendants’ Motion In Limine (Ninth) Re: 1) Details Of Arrest And Detention, And Refiling Of Charges, 2) Facts Of Checkpoint's Reasonableness, 3) Bressi's Prior SR86
Checkpoint Experience, 4) Guidelines Promulgated After Checkpoint Or From
Other Agencies
30-Apr-2012
241

Request For Judicial Notice

* Westlaw Printout for City of Indianapolis et. al.
* Westlaw Printout for Michigan Dept. of State Police
* Proposed Judicial Order

30-Apr-2012
242
Plaintiff Response To Defendants’ Motion In Limine (First) Re: Adequate Training
10-May-2012
243
Plaintiff Response To Defendants’ Motion In Limine (Second) To Admit Incident Reports Of Other Incidents
10-May-2012
244
Plaintiff Response To Defendants’ Motion In Limine (Third) Re: Damages For Stress Of Litigation And Fear Of Losing Employment
10-May-2012
245
Plaintiff Response To Defendants’ Motion In Limine (Fourth) Re: Evidence Of Compensatory Damages
10-May-2012
246
Plaintiff Response To Defendants’ Motion In Limine (Fifth) Re: Shonk Memorandum
10-May-2012
247
Plaintiff Response To Defendants’ Motion In Limine (Sixth) Re: Traviolia And Romero “Thoughts Or Subjective Intent”
10-May-2012
248
Plaintiff Response To Defendants’ Motion In Limine (Seventh) Re: Transcript Of Evidentiary Hearing In State V. Bressi
10-May-2012
249
Plaintiff Response To Defendants’ Motion In Limine (Eighth) Re: Work Product Privilege
10-May-2012
250

Plaintiff Response To Defendants’ Motion In Limine (Ninth) Re: Various Facts About The
Roadblock

* Romero Deposition Excerpt In support of Response

10-May-2012
251 Defendant Response To Plaintiff's Motion in limine 10-May-2012
252 Notice of Settlement 15-May-2012
253 Joint Motion & Stipulation To Vacate Hearing & Trial Dates 18-May-2012
254 Court Order Vacating Trial Dates 18-May-2012
255 Plaintiff's Release Statement 31-May-2012
256 Stipulation To Dismiss With Prejudice 31-May-2012
257 (Proposed) Order of Dismissal With Prejudice 31-May-2012