United States v. Johnson, No. 1:12cv1349.

CourtUnited States District Courts. 4th Circuit. Middle District of North Carolina
Writing for the CourtTHOMAS D. SCHROEDER, District Judge.
Citation122 F.Supp.3d 272
Parties UNITED STATES of America, Plaintiff, v. Terry S. JOHNSON, in his official capacity as Alamance County Sheriff, Defendant.
Decision Date07 August 2015
Docket NumberNo. 1:12cv1349.

122 F.Supp.3d 272

UNITED STATES of America, Plaintiff,
v.
Terry S. JOHNSON, in his official capacity as Alamance County Sheriff, Defendant.

No. 1:12cv1349.

United States District Court, M.D. North Carolina.

Signed Aug. 7, 2015.


122 F.Supp.3d 280

Michael J. Songer, Anika Gzifa, Jude Volek, Silvia J. Dominguez–Reese, Timothy Mygatt, United States Department of Justice, Washington, DC, for Plaintiff.

S.C. Kitchen, Karlene S. Turrentine, Turrentine Law Firm, PLLC, Raleigh, NC, for Defendant.

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

TABLE OF CONTENTS
I. FINDINGS OF FACT 282
A. Alamance County 282
1. Population and Demographics of Alamance County 282
2. Law Enforcement Challenges in Alamance County 283
B. ACSO and Sheriff Johnson 285
1. The Introduction and Implementation of ICE's 287(g) Program in Alamance County 285
a. 287(g) Program's TFO 286
b. Termination of TFO Position 289
c. Gun Permit Investigations 290
d. ACSO's Processing and Booking Procedures 291
e. Fairness Alamance 294
2. ACSO Arrest Policy and Practice 295
3. Orders to Target Hispanics 297
4. ACSO Checkpoint Policy and Implementation 298
5. ACSO's Stops and Searches 302
a. Particular Stops 302
b. Statistical Evidence 304
i. Dr. John Lamberth 304
ii. Dr. John MacDonald 307
(a) Post–Stop Outcome Study 309
(b) "Hit–Rate" Study 310
iii. Officer Mark Dockery and ACSO Data on Searches Not Incident to Arrest 311
iv. Dr. David Banks 312
(a) ACSO's Checkpoint Siting 313
...

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11 practice notes
  • Nance v. City of Albemarle, 1:19CV641
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • February 16, 2021
    ...showing the unequal treatment of a person or persons as compared to other similarly situated individuals." United States v. Johnson, 122 F. Supp. 3d 272, 354 (M.D.N.C. 2015) ; see also Sylvia Dev. Corp., 48 F.3d at 818–19 ("Even though a state law is facially neutral, its administration or ......
  • Nance v. City of Albemarle, 1:19CV641
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • February 16, 2021
    ...showing the unequal treatment of a person or persons as compared to other similarly situated individuals." United States v. Johnson, 122 F. Supp. 3d 272, 354 (M.D.N.C. 2015); see also Sylvia Dev. Corp., 48 F.3d at 818-19 ("Even though a state law is facially neutral, its administration or e......
  • United States v. Brandon Michael Council, Criminal No.: 4:17-cr-00866-RBH
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • May 2, 2018
    ...e.g., Victor v. Nebraska, 511 U.S. 1, 17 (1994); United States v. Kise, 369 F.3d 766, 774 (4th Cir. 2004); United States v. Johnson, 122 F. Supp. 3d 272, 311 n.39 (M.D.N.C. 2015). Though not binding, the FJC materials discussed herein are still persuasive authority on the matter. 8. The Cou......
  • Wilmington Tr., N.A. v. Nat'l Gen. Ins. Co., 1:21cv207
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • June 17, 2021
    ...that might have on the present case. It is not the court's obligation to conduct the parties' research, see United States v. Johnson, 122 F. Supp. 3d 272, 346 (M.D.N.C. 2015), but the court should avoid being led to a potentially erroneous legal determination based on such failure. Conseque......
  • Request a trial to view additional results
11 cases
  • Nance v. City of Albemarle, 1:19CV641
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • February 16, 2021
    ...showing the unequal treatment of a person or persons as compared to other similarly situated individuals." United States v. Johnson, 122 F. Supp. 3d 272, 354 (M.D.N.C. 2015) ; see also Sylvia Dev. Corp., 48 F.3d at 818–19 ("Even though a state law is facially neutral, its administration or ......
  • Nance v. City of Albemarle, 1:19CV641
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • February 16, 2021
    ...showing the unequal treatment of a person or persons as compared to other similarly situated individuals." United States v. Johnson, 122 F. Supp. 3d 272, 354 (M.D.N.C. 2015); see also Sylvia Dev. Corp., 48 F.3d at 818-19 ("Even though a state law is facially neutral, its administration or e......
  • United States v. Brandon Michael Council, Criminal No.: 4:17-cr-00866-RBH
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • May 2, 2018
    ...e.g., Victor v. Nebraska, 511 U.S. 1, 17 (1994); United States v. Kise, 369 F.3d 766, 774 (4th Cir. 2004); United States v. Johnson, 122 F. Supp. 3d 272, 311 n.39 (M.D.N.C. 2015). Though not binding, the FJC materials discussed herein are still persuasive authority on the matter. 8. The Cou......
  • Wilmington Tr., N.A. v. Nat'l Gen. Ins. Co., 1:21cv207
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • June 17, 2021
    ...that might have on the present case. It is not the court's obligation to conduct the parties' research, see United States v. Johnson, 122 F. Supp. 3d 272, 346 (M.D.N.C. 2015), but the court should avoid being led to a potentially erroneous legal determination based on such failure. Conseque......
  • Request a trial to view additional results

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