Case: Black v. Franklin County, KY

3:05-cv-00018 | U.S. District Court for the Eastern District of Kentucky

Filed Date: March 28, 2005

Closed Date: Aug. 20, 2007

Clearinghouse coding complete

Case Summary

On March 28, 2005, three female plaintiffs, who had been arrested for minor offenses and were strip searched, filed a class action lawsuit in the United States District Court for the Eastern District of Kentucky against Franklin County, Kentucky and Franklin County Correctional Complex. The plaintiffs challenged the strip search policy of the Franklin County Correctional Complex, alleging that they were strip searched pursuant to a blanket policy which required all female pretrial detainees ent…

On March 28, 2005, three female plaintiffs, who had been arrested for minor offenses and were strip searched, filed a class action lawsuit in the United States District Court for the Eastern District of Kentucky against Franklin County, Kentucky and Franklin County Correctional Complex. The plaintiffs challenged the strip search policy of the Franklin County Correctional Complex, alleging that they were strip searched pursuant to a blanket policy which required all female pretrial detainees entering the Complex to be strip searched, without any reasonable suspicion to believe the detainees were concealing weapons or contraband. Represented by private counsel, the plaintiffs claimed the strip search policy violated the Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments of the U.S. Constitution. The plaintiffs sought actual and punitive damages, attorneys’ fees, as well as declaratory and injunctive relief, enjoining the defendants from utilizing any policy that forces female detainees of minor offenses to show their genitalia for visual inspection.

Note that this case, Black v. Franklin County, followed a 1997 class action lawsuit styled Wilson v. Franklin County, KY (JC-KY-13), which also challenged the strip search policy of Franklin County Correctional Complex. The Wilson case settled in 1999.

On April 6, 2005, the plaintiffs in the Black case filed a motion to certify the case as a class action. The plaintiffs later withdrew the motion pending further discovery, with the consent of the defendants, and filed an amended complaint adding 24 new plaintiffs on May 9, 2005.

That same day, the defendants moved to dismiss the complaint on various grounds, including (1) the plaintiffs’ claims were barred by the one-year statute of limitations, (2) the plaintiffs failed to exhaust administrative remedies prior to filing suit, which is required under the Prison Litigation Reform Act (“PLRA”), (3) the individual defendants were entitled to qualified immunity, and (4) the plaintiffs failed to state a claim. Additionally, on June 8, 2005, the defendants filed a motion to dismiss the amended complaint. And then on July 18, 2005, the defendants filed a supplemental motion to dismiss the original and the amended complaints.

On August 16, 2005, Judge Joseph M. Hood granted in part and denied in part the defendants’ motion to dismiss the original complaint, the amended complaint, and their supplemental motion to dismiss. 2005 WL 1993445.The court dismissed Franklin County Correctional Complex as a defendant since it was not a legal entity capable of being sued. The court also dismissed the claims of 11 of the plaintiffs due to the statute of limitations and PLRA exhaustion grounds. The court also dismissed the Ninth Amendment and equal protection claims of the remaining 16 plaintiffs, except for one plaintiff’s equal protection claim.

Discovery ensued, and the case was reassigned on January 6, 2006, to Judge Karen K. Caldwell for all further proceedings.

On February 22, 2006, the defendants moved to strike the class action allegations from the plaintiffs’ amended complaint. On March 15, 2006, the plaintiffs filed a motion to table the defendants’ motion to strike and/or dismiss the class action allegation. On May 4, 2006, the defendants filed a motion for partial summary judgment, asking the court to dismiss certain claims because they were time barred or administrative remedies were not exhausted. On September 28, 2006, Judge Caldwell denied the motion to strike, but she set a deadline for the plaintiffs to file a motion for class certification. She also granted the defendants’ motion for summary judgment with respect to the time-barred and non-exhausted claims. 2006 WL 2849863.

Shortly thereafter, on October 2, 2006, the plaintiffs moved to amend their first amended complaint.On October 27, 2006, the defendants filed another motion for summary judgment.

On December 29, 2006, Magistrate Judge J. Gregory Wehrman granted the plaintiffs’ motion to amend the first amended complaint and extended the deadline for plaintiffs to file a motion for class certification. 2006 WL 8446198. 

The plaintiffs filed a second amended complaint on December 29, 2006, and then they moved for class certification on January 26, 2007. The defendants opposed class certification and, in turn, moved for summary judgment on May 22, 2007. On March 26, 2007, Magistrate Judge Wehrman issued a report and recommendation stating the defendants’ motion to dismiss claims of identified plaintiffs be granted in part and that claims of two plaintiffs be dismissed with prejudice for failure to prosecute, failure to respond to discovery, and failure to comply with this court’s orders. 2007 WL 9751957.

On April 16, 2007, the court ordered the voluntary dismissal of six plaintiffs with prejudice. On April 19, 2007, the defendants again filed a motion for summary judgment. Prior to the court ruling on the motion, the plaintiffs attended a settlement conference on May 22, 2007, with Magistrate Judge J. Gregory Wehrman and settled the case.

On June 11, 2007, Judge Caldwell had dismissed several plaintiffs from the case for failing to comply with discovery orders. The remaining plaintiffs and the defendants, who settled, filed an agreed order of dismissal which the court approved on August 20, 2007. The parties agreed to pay their own costs and attorney fees. Further details of the settlement were not disclosed. The case is closed.

Summary Authors

Dan Dalton (3/1/2008)

Tallulah Wick (3/29/2024)

Related Cases

Wilson v. Franklin County, KY, Eastern District of Kentucky (1997)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4633332/parties/black-v-franklin-county-kentucky/


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Documents in the Clearinghouse

Document
1

3:05-cv-00018

Complaint

Black v. Franklin County, KY, Franklin County Correctional Complex, James Kemper, Jr. & Ted Hammermeister

March 28, 2005

March 28, 2005

Complaint
35

3:05-cv-00018

Memorandum Opinion and Order [Re: Motions to Dismiss]

Aug. 16, 2005

Aug. 16, 2005

Order/Opinion

2005 WL 1993445

72

3:05-cv-00018

Opinion and Order

Sept. 28, 2006

Sept. 28, 2006

Order/Opinion

2006 WL 2849863

76-2

3:05-cv-00018

Plaintiffs' Second Amended Complaint

Black, et al v. Franklin County, KY

Dec. 29, 2006

Dec. 29, 2006

Complaint
96

3:05-cv-00018

Memorandum Order [Re: Motion to Strike]

Dec. 29, 2006

Dec. 29, 2006

Order/Opinion
132

3:05-cv-00018

Report & Recommendation

March 26, 2007

March 26, 2007

Magistrate Report/Recommendation

2007 WL 9751964

144

3:05-cv-00018

Order [Dismissing Plaintiffs' Claims for Failure to Prosecute]

Black v. Franklin County, KY, James Kemper, Jr., and Ted Hammermeister

June 11, 2007

June 11, 2007

Order/Opinion
149

3:05-cv-00018

Agreed Order of Dismissal

Black v. Franklin County, Kentucky

Aug. 20, 2007

Aug. 20, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4633332/black-v-franklin-county-kentucky/

Last updated April 6, 2025, 10:53 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 5 summons(es)issued with copy ( Filing fee $250; receipt number 118215), filed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell. (Attachments: # 1 Civil Cover Sheet, Case Assignment, Receipt & Summonses)(CBD) (Entered: 03/29/2005)

March 28, 2005

March 28, 2005

Clearinghouse
2

SUMMONS Returned Executed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell via PERSONAL SERVICE to Franklin County, Kentucky, Robert Roach, Franklin County Judge Executive, served on 3/29/2005, answer due 4/18/2005. (LKM) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
3

SUMMONS Returned Executed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell via PERSONAL SERVICE to James Kemper, Jr, OFFICIAL CAPACITY, served on 3/29/2005, answer due 4/18/2005. (LKM) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
4

SUMMONS Returned Executed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell via PERSONAL SERVICE to James Kemper, Jr., INDIVIDUALLY, on 3/29/2005 (LKM) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
5

SUMMONS Returned Executed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell via PERSONAL SERVICE to Ted Hammermeister. OFFICIAL CAPACITY, served on 3/29/2005, answer due 4/18/2005. (LKM) Modified text on 4/4/2005 (cleanup)(Moore, Lisa). (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
6

SUMMONS Returned Executed by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell via PERSONAL SERVICE to Ted Hamermeister, INDIVIDUALLY, served on 3/29/2005. (LKM) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
7

MOTION to Certify Class by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell. Responses due by 4/24/2005. (Attachments: # 1 Proposed Order # 2 Tendered Notice of Class Suit)(CBD) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

PACER
8

AGREED ORDER: dfts shall have an extension of time through 5/2/2005 to file their responsive pleading to pltf's Complaint 1 . Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

PACER
9

Proposed Agreed Order - Extending Answer to Complaint until 5/9/05 by Brittney Creech, Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Maureen O. Mitchell. (CBD) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 9 Proposed Agreed Order re Extension of Time to Answer (CBD)

April 29, 2005

April 29, 2005

PACER
10

AGREED ORDER: Dfts shall have an ext of time up through 5/9/05 to file their responsive pleading to Pla's 1 Complaint . Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 05/03/2005)

May 2, 2005

May 2, 2005

PACER
11

AMENDED COMPLAINT against Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, filed by Jillian Baker, Davanika Barber, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins, Jeffrey Curtis, Linda Epling, Joe Farler, Karen Gamble, Rebecca Hagan, Jimmy Hammonds, Darren Dean Hockensmith, Wendy Hockensmith, Natasha Marie Hunter, Angela Lear, Natalie Elizabeth McClease, Sandra McClease, Tony Ray McClease, Angela Nesselrode, Penny Tillett, Patricia Tipton, Deidra Wash, Brittney Creech, Tina Michelle Black, Maureen O. Mitchell.(AKR) (Entered: 05/10/2005)

May 9, 2005

May 9, 2005

Clearinghouse
12

MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (Attachments: # 1 Proposed Order)(AKR) (Entered: 05/10/2005)

May 9, 2005

May 9, 2005

PACER
13

MEMORANDUM in Support of Motion 12 to Dismiss filed by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Attachments: # 1 SEALED Exhibit 1 - Affidavit of Ted Hammermeister# 2 SEALED Exhibit A - FCCC Strip Search Policies# 3 SEALED Exhibit B - Order of Commitment as to Tina Black; C - Intake Record as to Tina Black; D - Body Cavity Search Reports as to Tina Black# 4 SEALED Exhibit E - Uniform Citation as to Maureen Mitchell; F - Intake Record as to Maureen Mitchell; G - Body Cavity Search Report as to Maureen Mitchell# 5 SEALED Exhibit H - Uniform Citation as to Brittany Creech; I - Intake Record as to Brittany Creech; J - Body Cavity Search Report as to Brittany Creech# 6 SEALED Exhibit K - FCCC Greivance Procedure# 7 SEALED Exhibit L - Inmate Orientation# 8 SEALED Exhibit 2 - USDC EDKY 3:97-cv-35 Order & Final Judgment)(CBD) Modified text on 5/23/2005 (Ratliff, Kay). Additional attachment(s) Redacted Exhibits 1, a-l, 2 added on 5/23/2005 (Ratliff, Kay). Modified text per order dated 5/23/05 on 5/23/2005 (Ratliff, Kay). (Entered: 05/11/2005)

May 9, 2005

May 9, 2005

PACER
14

SEALED MOTION filed by dfts (AKR) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 14 SEALED MOTION (AKR)

May 13, 2005

May 13, 2005

PACER
15

AGREED ORDER: dfts shall have and extension of time through 6/8/2005, to file their responsive pleading to pltf's Amended Complaint 11 . Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 05/20/2005)

May 19, 2005

May 19, 2005

PACER
16

ORDER: (1) dft's mtn 14 is GRANTED; (2) Clerk of Court is directed that exhibits submitted in Record No. 13 are SEALED; & that redacted exhibits submitted with the current motion are SUBSTITUTED for sealed exhibits for purposes of dfts' motion to dismiss. Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

PACER
17

Proposed Agreed Order Extending Response Time to dfts' Motion to Dismiss by Jeffrey Curtis, Linda Epling, Joe Farler, Karen Gamble, Rebecca Hagan, Jimmy Hammonds, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natasha Marie Hunter, Angela Lear, Natalie Elizabeth McClease, Sandra McClease, Tony Ray McClease, Angela Nesselrode, Penny Tillett, Patricia Tipton, Franklin County, Kentucky, Deidra Wash, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, Davanika Barber, James Dion Bixler, Maureen O. Mitchell, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (CBD) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 17 Proposed Agreed Order Extending Response Time to Dfts' Motion to Dismiss (CBD)

May 24, 2005

May 24, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 7 MOTION to Certify Class by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell (CBD)

June 1, 2005

June 1, 2005

PACER
18

EMERGENCY MOTION for Leave by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister to Respond to Plaintiffs' Motion to Certify Class Out of Time (Attachments: # 1 Proposed Order)(McSwain, Douglas) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 18 EMERGENCY MOTION for Leave to Respond to Motion to Certify Class out of time by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (CBD)

June 2, 2005

June 2, 2005

PACER
19

ORDER: Motion 18 is GRANTED, and dfts have until 6/20/2005 to respond to pltf's Motion to determine Propriety of Class Action 7 . Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
20

RESPONSE to Motion 12 to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Jeffrey Curtis, Linda Epling, Joe Farler, Karen Gamble, Rebecca Hagan, Jimmy Hammonds, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natasha Marie Hunter, Angela Lear, Natalie Elizabeth McClease, Sandra McClease, Tony Ray McClease, Angela Nesselrode, Penny Tillett, Patricia Tipton, Deidra Wash, Tina Michelle Black, Jillian Baker, Davanika Barber, James Dion Bixler, Maureen O. Mitchell, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(CBD) (Entered: 06/03/2005)

June 2, 2005

June 2, 2005

PACER
21

MOTION to Dismiss Amended Complaint by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister (Attachments: # 1 Memorandum in Support # 2 Exhibit 1 - Affidavit of Ted Hammermeister# 3 Exhibit A,GG,HH - Jail Policies-Procedures# 4 Exhibit B,C,D,E,F - Jail Records-Davanika Barber# 5 Exhibit G&H - Jail Records-Karen Gamble# 6 Exhibit I&J - Jail Records-Jillian Baker# 7 Exhibit K&L - Jail Records-Linda Epling# 8 Exhibit M&N - Jail Records-Deidra Wash# 9 Exhibit O,P&Q - Jail Records-Julie Cornn# 10 Exhibit R,S&T - Jail Records-Thomas Cummins# 11 Exhibit U,V&W - Jail Records-Jeffrey Lee Curtis# 12 Exhibit X,Y&Z - Jail Records-Lyttle Farler# 13 Exhibit AAthroughtDD - Jail Records-Natalie&Tony McClease# 14 Exhibit EE&FF - Jail Records-Angela Hesslerode# 15 Proposed Order)(AKR) (Entered: 06/09/2005)

June 8, 2005

June 8, 2005

PACER
22

REPLY to Response to Motion re 12 MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister. (Attachments: # 1 Exhibit 1 - Memorandum Opinion & Order dated 4/6/99)(CBD) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 12 MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (CBD)

June 16, 2005

June 16, 2005

PACER
23

RESPONSE in Opposition re 7 MOTION to Certify Class by Brittney Creech, Tina Michelle Black, Maureen O. Mitchell filed by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister. (Attachments: # 1 Exhibit 1 - Memorandum Opinion and Order# 2 Proposed Order)(CBD) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

PACER
24

NOTICE OF FILING (Affidavit of Ted Hammermeister) by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister re 21 MOTION to Dismiss Amended Complaint (Attachments: # 1 Affidavit of Ted Hammermeister)(AKR) (Entered: 06/22/2005)

June 21, 2005

June 21, 2005

PACER
25

Proposed Agreed Order Extending time to 7/8/2005 for pltfs' to Reply re Motion to Determine Class Certification by plaintiffs and defendants (CBD) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 25 Proposed Agreed Order Extending Time to Reply to Motion to Determine Class Certification (CBD)

June 23, 2005

June 23, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 21 MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (CBD)

June 28, 2005

June 28, 2005

PACER
26

AGREED ORDER: IT IS ORDERED pltfs shall have through 7/8/2005 to file their reply to pltf's motion 7 to Determine Propriety of Class Action IT IS FURTHER ORDERED pltfs shall have an extension through 7/15/2005, to file their response to dfts' Motion 21 to Dismiss Amended Complaint. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

PACER
27

MOTION for Leave to File Supplemental Motion and Memo in Support thereof to Dismiss the Complaint and Amended Complaint by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister (Attachments: # 1 Tendered Supplemental Motion to Dismiss Complaint & Amended Complaint# 2 Tendered Memo in Support of Supplemental Motion to Dismiss# 3 Tendered Proposed Order re Motion to Dismiss)(CBD) (Entered: 07/05/2005)

July 1, 2005

July 1, 2005

PACER
28

Proposed Agreed Order removing pltfs' motion for class certification (CBD) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 28 Proposed Agreed Order removing motion for class certification (CBD)

July 8, 2005

July 8, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 7 MOTION to Certify Class (Please see Proposed Agreed Order 28 submitted 7/8/2005) (CBD)

July 13, 2005

July 13, 2005

PACER
29

AGREED ORDER: dfts Motion 27 for Leave to file a Supplemental Memo in support of their Motion to dismiss pltfs' complaint and Amended Complaint is SUSTAINED, The suppl. Memo of Law attached to dft's motion shall be filed herein. Pltfs' given to 7/22/2005 to file response to dfts' Motion to Dismiss Amended Complaint 27 an dfts' suppl. Memo of Law. The parties agree that pltfs may file one response covering both the Motion to Dismiss Amended Complaint and the suppl. Memo of Law. The dfts will thereafter have the time under FRCP to file their Reply. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

PACER
30

SUPPLEMENAL MOTION to Dismiss the Original Complaint and Amended Complaint by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(CBD) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

PACER
31

AGREED ORDER: pltfs' motion 7 to certify class is removed from the Court's docket, without prejudice. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

PACER
32

RESPONSE to Motion 21 to Dismiss First Amended Complaint & Supplemental Motion 30 to Dismiss Amended Complaint filed by Jeffrey Curtis, Linda Epling, Joe Farler, Karen Gamble, Rebecca Hagan, Jimmy Hammonds, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natasha Marie Hunter, Angela Lear, Natalie Elizabeth McClease, Sandra McClease, Tony Ray McClease, Angela Nesselrode, Penny Tillett, Patricia Tipton, Deidra Wash, Tina Michelle Black, Jillian Baker, Davanika Barber, James Dion Bixler, Maureen O. Mitchell, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Memorandum in Support # 2 Exhibit 1 - John M. Cox - dft information sheet & Uniform Citation# 3 Exhibit 2 - Tammy Laurine Cooper Court Sheet# 4 Exhibit 3 - Tammy L. Cooper Order of Probation# 5 Exhibit 4 - Deidra Wash dft information sheet, Uniform Citation&Release Order# 6 Exhibit 5 - Jeffrey L. Curtis-dft info sheet,warrant for arrest,uniform citation & Memo from Ky Alternative Programs# 7 Exhibit 6 - Angela Nesslerode - Dft Info sheet, Warrant of Arrest & Uniform Citation)(AKR) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 21 MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (CBD)

Aug. 4, 2005

Aug. 4, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 30 MOTION to Dismiss by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister (CBD)

Aug. 5, 2005

Aug. 5, 2005

PACER
33

AGREED ORDER: dfts shall have an extension of time through 8/12/2005 to file their reply to pltf's response to dfts' 21 MOTION to Dismiss the Amended Complaint, and 30 SUPPLEMENTAL Memo of Law in support of the Motions to Dismiss. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
34

REPLY to Response to Motions re 12 MOTION to Dismiss Complaint, 21 MOTION to Dismiss Amended Complaint, 30 SUPPLEMENTAL MOTION to Dismiss the Comaplitn and Amended Complaint filed by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister. (Attachments: # 1 Exhibit 1 - Summary of Grounds for Dismissal)(CBD) (Entered: 08/15/2005)

Aug. 12, 2005

Aug. 12, 2005

PACER

***MOTION SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 12 MOTION to Dismiss Complaint, 21 MOTION to Dismiss Amended Compalint, 30 SUPPLEMENTAL MOTION to Dismiss Complaint and Amended Complaint by Franklin County, Kentucky, Franklin County Correctional Complex, James Kemper, Jr, Ted Hammermeister (CBD)

Aug. 15, 2005

Aug. 15, 2005

PACER
35

MEMORANDUM OPINION & ORDER: dfts' motion to dismiss pltfs' original complaint 12 is GRANTED IN PART AND DENIED IN PART 2) dfts' motion to dismiss pltfs' amended complaint 21 is GRANTED IN PART AND DENIED IN PART 3) dfts' supplemental motion to dismiss 30 IS GRANTED IN PART AND DENIED IN PART 4) all of pltf, Black's constitutional claims against dfts - except her equal protection claims, which remain viable - to the extent they are based on the strip searches c onducted upon Black following her return from work release, are DISMISSED WITH PREJUDICE 5) pltfs Maureen O. Mitchell; Deidra Wash; Rebecca Hagan; Karen Gamble; Penny Tillett; Sandra McClease; Angela Lear; Jimmy Hammonds; Davanika Barber; Natasha Mar ie Hunter; and Patricia Tipton's claims against the dfts are DISMISSED WITH PREJUDICE 6) pltf Cooper's claims against the dfts, to the extent they are based on the strip searches conducted upon Cooper following her return from court appeara nces are DISMISSED WITH PREJUDICE 7) Franklin County Correctional Complex is DISMISSED WITH PREJUDICE 8) the equal protection claims of all pltfs other than pltf Black are DISMISSED WITH PREJUDICE 9) all of the pltfs' Ninth Amendment claims are DISMISSED WITH PREJUDICE. Signed by Judge Joseph M. Hood. (CBD)cc: COR

Aug. 16, 2005

Aug. 16, 2005

Clearinghouse
35

MEMORANDUM OPINION & ORDER: dfts' motion to dismiss pltfs' original complaint 12 is GRANTED IN PART AND DENIED IN PART 2) dfts' motion to dismiss pltfs' amended complaint 21 is GRANTED IN PART AND DENIED IN PART 3) dfts' supplemental motion to dismiss 30 IS GRANTED IN PART AND DENIED IN PART 4) all of pltf, Black's constitutional claims against dfts - except her equal protection claims, which remain viable - to the extent they are based on the strip searches conducted upon Black following her return from work release, are DISMISSED WITH PREJUDICE 5) pltfs Maureen O. Mitchell; Deidra Wash; Rebecca Hagan; Karen Gamble; Penny Tillett; Sandra McClease; Angela Lear; Jimmy Hammonds; Davanika Barber; Natasha Marie Hunter; and Patricia Tipton's claims against the dfts are DISMISSED WITH PREJUDICE 6) pltf Cooper's claims against the dfts, to the extent they are based on the strip searches conducted upon Cooper following her return from court appearances are DISMISSED WITH PREJUDICE 7) Franklin County Correctional Complex is DISMISSED WITH PREJUDICE 8) the equal protection claims of all pltfs other than pltf Black are DISMISSED WITH PREJUDICE 9) all of the pltfs' Ninth Amendment claims are DISMISSED WITH PREJUDICE. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 08/17/2005)

Aug. 16, 2005

Aug. 16, 2005

Clearinghouse

***FILE SUBMITTED TO CHAMBERS of Chief Judge Hood for Order for Meeting and Report (CBD)

Aug. 17, 2005

Aug. 17, 2005

PACER
36

ANSWER to Complaint with JURY DEMAND, ANSWER to Amended Complaint by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister.(CBD) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Chief Judge Hood for review and Order for Meeting and Report. (CBD)

Aug. 30, 2005

Aug. 30, 2005

PACER
37

ORDER FOR MEETING AND REPORT: Rule 26 Meeting Report due by 11/7/2005. Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
38

JOINT REPORT of Rule 26(f) Planning Meeting. (Meade, Tammy) (Entered: 11/11/2005)

Nov. 11, 2005

Nov. 11, 2005

PACER

***FILE SUBMITTED TO CHAMBERS of Chief Judge Hood for review: 38 Joint Report of Rule 26(f) Planning Meeting (AKR)

Nov. 14, 2005

Nov. 14, 2005

PACER
39

ORDER: 1) motion to amend be filed on or before 3/15/2006 2) Discovery due by 12/31/2006. 3) reports from experts due from pltf 7/1/2006 and from dft 9/1/2006 4) Dispositive Motions due by 1/31/2007. 5) motions in limine ddl 2/19/2007 6) Final Pretrial Conference set for 3/19/2007 10:00 AM in Frankfort before Joseph M. Hood. one 7) week before conference pretrial filings due 8) Jury Trial set for 4/24/2007 09:00 AM in Frankfort before Joseph M. Hood. Signed by Judge Joseph M. Hood (CBD)cc: COR, Diary (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
40

NOTICE of Appearance as co-counsel for plaintiffs by Charles C. Adams, Jr, Thomas K. Herren on behalf of Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins (CBD) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
41

ORDER REASSIGNING CASE: Case reassigned to Judge Karen K. Caldwell for all further proceedings. Judge Joseph M. Hood no longer assigned to case. Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 01/08/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
42

MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister and/or Dismiss Plaintiffs' Class Action Allegation Responses due by 3/13/2006 (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Exhibit Plaintiffs' Discovery Requests)(Meade, Tammy) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
43

STIPULATION OF EXTENSION OF TIME TO ANSWER DISCOVERY through & including March 30, 2006 by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (AKR) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
44

STIPULATION OF EXTENSION OF TIME TO RESPOND to 3/16/2006 re 42 MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (CBD) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 44 Agreed Stipulation (CBD)

March 9, 2006

March 9, 2006

PACER
45

MOTION (1) for Order to continue or table dfts' Motion to Strike 42 and/or Dismiss Class Action Allegation AND (2) to Extend Ddl to Amend Pleadings by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins (Attachments: # 1 Memorandum in Support # 2 Exhibit A - Plaintiff's Initial Disclosures# 3 Exhibit B - Plaintiff's Interrogatories and Request for Production of Documents# 4 Exhibit C - Defendant's Answers to Plaintiff's Interrogatories and Request for Production of Documents# 5 Exhibit D - UOR Codes# 6 Proposed Order)(CBD) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER
46

STIPULATION re 45 MOTION for Order by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Meade, Tammy) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
47

RESPONSE in Opposition re 45 MOTION for Order by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La filed by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Exhibit 1-Plaintiffs' Supplemental Discovery Requests# 2 Exhibit 2-Letter Received 3-17-06)(Meade, Tammy) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
48

REPLY to Response to Motion re 45 MOTION for Order by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La, 42 MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Jillian Baker. (Meade, Tammy) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 45 MOTION for Order by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La, 42 MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

March 24, 2006

March 24, 2006

PACER
49

RESPONSE to Motion re 45 MOTION for Order by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La, 42 MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

PACER
50

REPLY in Support of Plas' Motion to Extend Deadline to Amend Pleadings 45 filed by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Exhibit A - Letter dated 3/16/06 to Tammy S. Meade)(AKR) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 45 MOTION for Order & to Extend Deadline to Amend Pleadings by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy La (AKR)

April 3, 2006

April 3, 2006

PACER
51

STIPULATION Granting Defendants an Extension of Time to Respond to Discovery by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Meade, Tammy) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
52

MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister on Claims Made by Jonathan Cox (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Exhibit 1-Jonathan Cox Interrogatory Answers# 4 Exhibit 2-Jonathan Cox Request for Admissions)(Meade, Tammy) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
53

MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister on Claims Made by Tommy Cummins (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Exhibit 1-Request for Admissions to Thomas Cummins)(Meade, Tammy) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

PACER
54

RESPONSE to Motion re 53 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Proposed Order)(CBD) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
55

RESPONSE to Motion re 52 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox. (Attachments: # 1 Proposed Order)(CBD) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
56

REPLY to Response to Motion re 52 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister on Claims made by Jonathan Cox filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 52 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

May 30, 2006

May 30, 2006

PACER
57

REPLY to Response to Motion re 53 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 53 MOTION for Summary Judgment by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

May 31, 2006

May 31, 2006

PACER
58

MOTION to Compel by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister written discovery (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Exhibit 1-Discovery to Plaintiffs# 4 Exhibit 2-Stipulation of Extension of Time to Answer Discovery# 5 Exhibit 3-April 19, 2006 letter# 6 Exhibit 4-June 5, 2006 letter# 7 Exhibit 5-June 12, 2006 letter)(Meade, Tammy) Modified text to include "written discovery" on 6/22/2006 (Ratliff, Kay). (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
59

MOTION for Leave to File by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister Supplemental Memo Supporting Motion to Strike Plaintiffs' Class Allegations (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Exhibit 1--Woodford v. Ngo)(Meade, Tammy) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
60

MOTION for Reconsideration re 13 Memorandum in Support of Motion,,,, by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted HammermeisterUnder the Prison Litigation Reform Act, 42 USC Section 1975e (Attachments: # 1 Exhibit 1--Woodford v. Ngo# 2 Proposed Order)(Meade, Tammy) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 58 MOTION to Compel Written Discovery by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

July 12, 2006

July 12, 2006

PACER
61

RESPONSE to Defendants' Pending Motions re 42 MOTION to Strike, 53 MOTION for Summary Judgment, 59 MOTION for Leave to File, 52 MOTION for Summary Judgment, 58 MOTION to Compel, 60 MOTION for Reconsideration re 13 Memorandum in Support of Motion filed by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins. (Attachments: # 1 Proposed Order # 2 Excerpt from Deposition of Jail Personnel# 3 Exhibit A - Faxed letter from W. Hockensmith# 4 Exhibit B - Amended Ntc of Depo & Ntc of Depo of Defendants# 5 Exhibit C - Plaintiffs' Supplemental Interrogatories & Disclosures# 6 Exhibit D - Plaintiffs' Second Supplemental Request for Production & Disclosures# 7 Exhibit E - Letter dated 6/29/06 to T. Herren# 8 Exhibit F - Article dated 7/8/06 from United Press International)(AKR) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
62

MOTION to Compel Discovery AND MOTION for Extension of Time, Deadlines by Jeffrey Curtis, Linda Epling, Joe Farler, Brittney Creech, Darren Dean Hockensmith, Wendy Hockensmith, Natalie Elizabeth McClease, Tony Ray McClease, Angela Nesselrode, Tina Michelle Black, Jillian Baker, James Dion Bixler, Tammy Laurine Cooper, Julie Ann Cornn, Jonathan Cox, Tommy Cummins (Attachments: # 1 Proposed Order # 2 Excerpt of Depositiono of jail personnel# 3 Exhibit A - Faxed letter from W. Hockensmith# 4 Exhibit B - Amended Ntc of Depo & Ntc of Depo of Defendants# 5 Exhibit C - Plaintiffs' Supplemental Interrogatories & Disclosures# 6 Exhibit D - Plaintiffs' Second Supplemental Request for Production & Disclosures# 7 Exhibit E - Letter dated 6/29/06 to T. Herren# 8 Exhibit F - Article dated 7/8/06 from United Press International)(AKR) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
63

REPLY to Response to Motion re 58 MOTION to Compel by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
64

REPLY to Response to Motion re 59 MOTION for Leave to File by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister, 42 MOTION to Strike by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
65

REPLY to Response to Motion re 60 MOTION for Reconsideration re 13 Memorandum in Support of Motion,,,, by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 58 MOTION to Compel by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

Aug. 1, 2006

Aug. 1, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 59 MOTION for Leave to File by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

Aug. 1, 2006

Aug. 1, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 60 MOTION for Reconsideration re 13 Memorandum in Support of Motion,,,, by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (AKR)

Aug. 1, 2006

Aug. 1, 2006

PACER
66

RESPONSE to Motion re 62 MOTION to Compel filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Attachments: # 1 Exhibit 1 - Affidavit of Ted Hammermeister# 2 Exhibit 2 - June 12, 2006 Letter to Plaintiffs' Counsel# 3 Exhibit 3 - May 31, 2006 Deposition# 4 Exhibit 4 - Amended Notice of Deposition# 5 Exhibit 5 - Plaintiffs' Counsel Letter dated May 31, 2006# 6 Exhibit 6 - April 19, 2006 Letter to Plaintiffs' Counsel# 7 Exhibit 7 - June 5, 2006 Letter to Plaintiffs' Counsel)(Meade, Tammy) Modified - text cleanup on 8/8/2006 (Dearborn, Christy). (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
67

RESPONSE to Motion re 62 MOTION for Extension of Time to Complete Discovery filed by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister. (Meade, Tammy) Modified - text cleanup on 8/8/2006 (Dearborn, Christy). (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 62 MOTION to Compel Discovery & MOTION for Extension of Time to Complete Discovery by pltfs (CBD)

Aug. 22, 2006

Aug. 22, 2006

PACER
68

MOTION for Extension of Time by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister to Produce Expert Information (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Meade, Tammy) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 68 MOTION for Extension of Time by Franklin County, Kentucky, James Kemper, Jr, James Kemper, Jr, Ted Hammermeister, Ted Hammermeister (CBD)

Sept. 5, 2006

Sept. 5, 2006

PACER
69

ORDER: matter REFERRED to Magistrate Judge J. Gregory Wehrman pursuant to 28 U.S. 636(b)(1)(A) for resolution of all discovery disputes, settlement conf., and amend scheduling ddls, if appropriate. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

PACER

Clerk's Note: 69 Order not sent to attorney Rodnaey McDaniel as previously shown on NEF - attorney suspended 7/24/2006 from practice in EDKY by Chief Judge Hood for a period of two years to run consecutively with suspension pending aginst him, and until he is reinstated by Ky Supreme Ct. (CBD)

Sept. 6, 2006

Sept. 6, 2006

PACER
70

NOTICE OF MANDATORY ECF DIRECTED TO James E. Boyd, Marie K. Brannon, S. Marie Hellard and Richard M. Sullivan, non-registered attorneys re 69 Order, Case Referred to Magistrate Judge - had to be MAILED TO non-registered attorneys, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge to institute contempt proceedings. cc: COR (CBD) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

PACER
71

ORDER: 1) dfts' motion to compel discovery 58 is granted in part, but pltfs' request for additional time likewise will be granted. Pltfs respond to outstanding discovery not later than 10/1/2006. Should pltfs fail to timely comply, court will entertain a motion for discovery sanctions under Rule 37 2) pltfs' motion to compel discovery 62 is denied without prejudice to renew upon ruling on motion for class certification and/or full compliance w/ LR 37.1 3) pltfs' motions for ext of ddl to amend pldgs included in 45 and of all other pretrial ddls 62 are granted in part and denied in part as follows: a) ddl to Amended Pleadings due by 10/2/2006. b) Discovery due by 2/28/2007. c) Dispositive Motions due by 3/20/2007. d) motions in limine ddl 4/5/2007 e) pltfs complete expert disclosures by 10/2/2006, w/ dfts expert disclosures not later than 11/29/2006 f) final pretrial dates of 3/19/2007 and (Jury Trial) 4/24/2007 shall be vacated, with this record to be submitted to presiding judge upon entry of this order to schedule new dates if appropriate and for ruling on pending matters not refrerred to undersigned 42 45 52 53 60 g) NO FURTHER EXTENSIONS OF THESE DDLS WILL BE GRANTED ABSENT STRONG SHOWING OF GOOD CAUSE SUPPORTED BY APPROPRIATE AFFIDAVIT, unless class certification is granted 4) dfts' motion for extension of time to produce experts reports 68 is granted as specified in paragraph 3(e) of this Order 5) If parties jointly request court-convened statis conference, joint status report to be filed before 10/10/2006 with mutually agreeable dates. Signed by Judge J. Gregory Wehrman (CBD)cc: COR (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 2005

Closing Date: Aug. 20, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women strip-searched by officers at the Franklin County Correctional Center after having been arrested for minor offenses.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Franklin County, KY (Franklin), County

Frankling County Correctional Complex (Franklin), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General/Misc.:

Search policies

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)