Case: DeToledo v. County of Suffolk

1:03-cv-10834 | U.S. District Court for the District of Massachusetts

Filed Date: May 5, 2003

Closed Date: Nov. 16, 2005

Clearinghouse coding complete

Case Summary

This case was originally filed in Massachusetts State Court, Suffolk County on March 21, 2001, three years following the allegedly illegal activity. After two more years, the case was removed to the United States District Court for the District of Massachusetts. The plaintiffs, visitors to the South Bay House of Corrections who were mistakenly arrested and in the case of one, strip searched, claimed violations of their Fourth Amendment rights.

On Novemeber 16, 2005, the parties settled and the case was dismissed. No details of the settlement are available.

Summary Authors

Denise Heberle (8/7/2012)

People


Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Bourque, Susan M. (Massachusetts)

Parker, Eric J. (Massachusetts)

Attorneys(s) for Defendant

Cawley, Kathleen (Massachusetts)

Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Bourque, Susan M. (Massachusetts)

Parker, Eric J. (Massachusetts)

Attorneys(s) for Defendant

Cawley, Kathleen (Massachusetts)

Documents in the Clearinghouse

Document

Docket [MA State Court]

Detoledo v. Suffolk County

Massachusetts state trial court

May 12, 2003 Docket

Docket [PACER]

Detoledo v. Suffolk County, et al

Nov. 16, 2005 Docket
11

Defendants' Memorandum in Support of Their Motion for Summary Judgment

Detoledo v. Suffolk County

Sept. 17, 2004 Pleading / Motion / Brief
18

Memorandum and Order on Individuals Defendants' Motion for Summary Judgment

Detoledo v. Suffolk County

379 F.Supp.2d 138

July 26, 2005 Order/Opinion
20

Defendants County of Suffolk and Angelo Rao's Answer to Plaintiff's Second Amended Complaint

Aug. 12, 2005 Pleading / Motion / Brief
24

Settlement Order of Dismissal

Detoledo v. Suffolk County

Nov. 16, 2005 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Notice of Removal filed. Received from: Suffolk; State Court Docket #: 01-1297. Assigned to: Judge Stearns Receipt #: 46945 Amount: $ 150.. Fee status: paid (eaf) Additional attachment(s) added on 11/9/2004 (Flaherty, Elaine). (Entered: 05/07/2003)

May 5, 2003

Case assigned to to Mag. Judge Robert B. Collings for any future references (eaf) (Entered: 05/07/2003)

May 5, 2003
3

NOTICE of Scheduling Conference Scheduling Conference set for 11/10/2003 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. Copies sent to counsel.(Johnson, Mary) (Entered: 10/08/2003)

Oct. 7, 2003
4

MOTION to Continue scheduling conference by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 10/20/2003)

Oct. 14, 2003

Judge Richard G. Stearns : electronic ORDER entered granting 4 Motion to Continue. The 16b conf. is re-scheduled toNOVEMBER 17, 2003 AT 3:45 P.M. (Johnson, Mary) (Entered: 10/24/2003)

Oct. 24, 2003
5

JOINT STATEMENT re scheduling conference. (Flaherty, Elaine) (Entered: 11/18/2003)

Nov. 6, 2003

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Scheduling Conference held on 11/17/2003. Attys. Parker and Bricault present for the pltfs. Atty. Cawley present for the defts. All fact discovery shall be completed by June 15, 2004. Dispositive motions shall be filed by July 15, 2004, with responses due 21 days thereafter. Reply brief within one week. If by June 15, 2004 counsel feel that experts are necessary, they shall file a motion to extend the discovery schedule with the Court. (Court Reporter None.) (Johnson, Mary) (Entered: 11/18/2003)

Nov. 17, 2003
6

CERTIFICATION pursuant to Local Rule 16.1 by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 11/21/2003)

Nov. 17, 2003
7

CERTIFICATION pursuant to Local Rule 16.1 by Antonia Detoledo, Liana Williams.(Flaherty, Elaine) (Entered: 11/26/2003)

Nov. 24, 2003
8

MOTION for Extension of Time to 8/13/04 to complete discovery and to 9/15/04 to file dispositive motions by Antonia Detoledo, Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 05/19/2004)

May 18, 2004

Judge Richard G. Stearns : EndorsedORDER entered granting 8 Motion for Extension of Time (Flaherty, Elaine) (Entered: 05/24/2004)

May 20, 2004
9

MOTION for Extension of Time to 09/17/04 to File Motion for Summary Judgment by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas.(Cawley, Kathleen) (Entered: 09/13/2004)

Sept. 13, 2004

Judge Richard G. Stearns : Electronic ORDER entered granting 9 Motion for Extension of Time (Flaherty, Elaine) (Entered: 09/13/2004)

Sept. 13, 2004
10

MOTION for Summary Judgment by Angelo Rao, Janet Sinclair, Sylvia Thomas.(Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004
11

MEMORANDUM in Support re 10 MOTION for Summary Judgment filed by Angelo Rao, Janet Sinclair, Sylvia Thomas. (Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004
13

Partial STIPULATION of Dismissal (of certain counts) by Antonia Detoledo, Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams. (Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004
14

MOTION for Extension of Time to 10/22/04 to oppose summary judgment (#10) by Antonia Detoledo, Liana Williams.(Flaherty, Elaine) Modified on 10/28/2004 (Flaherty, Elaine). (Entered: 10/06/2004)

Oct. 5, 2004

***Attorney Susan M. Bourque for Antonia Detoledo and Liana Williams added. (Flaherty, Elaine) (Entered: 10/06/2004)

Oct. 6, 2004

`Judge Richard G. Stearns : Electronic ORDER entered granting 14 Motion for Extension of Time (Flaherty, Elaine) (Entered: 10/07/2004)

Oct. 7, 2004
15

MEMORANDUM in Opposition re 10 MOTION for Summary Judgment filed by Antonia Detoledo, Liana Williams. (Flaherty, Elaine) (Entered: 10/25/2004)

Oct. 22, 2004
16

STATEMENT of facts in opposition to re 10 MOTION for Summary Judgment. (Flaherty, Elaine) (Entered: 10/25/2004)

Oct. 22, 2004
17

NOTICE of Hearing on Motion 10 MOTION for Summary Judgment: Motion Hearing set for 2/2/2005 03:15 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 12/08/2004)

Dec. 8, 2004

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Motion Hearing held on 2/2/2005 re 10 MOTION for Summary Judgment filed by Angelo Rao,, Janet Sinclair,, Sylvia Thomas,. Matter taken "under advisement". (Court Reporter James Gibbons.) (Johnson, Mary) (Entered: 07/20/2005)

Feb. 2, 2005
18

Judge Richard G. Stearns : MEMORANDUM AND ORDER, ENTERED. "The Clerk will assign a trial date on the remaining claims."(Flaherty, Elaine) (Entered: 07/26/2005)

July 26, 2005
19

Judge Richard G. Stearns : Electronic ORDER entered. PROCEDURAL ORDER re pretrial/trial: Jury Trial set for 11/28/2005 09:00 AM in Courtroom 21 before Judge Richard G. Stearns.(Johnson, Mary) (Entered: 07/28/2005)

July 28, 2005
20

ANSWER to Complaint with Jury Demand by Suffolk County, Angelo Rao.(Cawley, Kathleen) (Entered: 08/12/2005)

Aug. 12, 2005
21

Joint CONSENT to Alternative Dispute Resolution by Liana Williams (Bourque, Susan) (Entered: 09/20/2005)

Sept. 20, 2005
22

Judge Richard G. Stearns : Electronic ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Johnson, Mary) (Entered: 09/30/2005)

Sept. 30, 2005

Electronic Notice of assignment to ADR Provider. ADR Panel member Dennis J. Calcagno, Esq. appointed.(Tyler, Rebecca) (Entered: 10/14/2005)

Oct. 14, 2005

ELECTRONIC NOTICE of ADR Conference. Mediation set for 11/9/2005 at 10:00 AM before ADR Panel member Dennis Calcagno, Esq. The mediation will be held at Northeast Mediation & Arbitration, Inc. at 21 McGrath Highway Suite 501 Quincy, MA 02169. Confidential mediation memoranda must be sent directly to Atty. Calcagno at the above address no later than November 2, 2005. (Tyler, Rebecca) (Entered: 10/14/2005)

Oct. 14, 2005

ELECTRONIC NOTICE of CHANGE OF LOCATION of ADR Conference. The mediation will take place at the US Courthouse. It will be held in Courtroom 17 on the 5th floor. All other information remains the same.(Tyler, Rebecca) (Entered: 10/28/2005)

Oct. 28, 2005
23

REPORT of Alternative Dispute Resolution Provider. ADR Panel member Dennis Calcagno reports case as settled. (See attached report) (Franklin, Yvonne) (Entered: 11/09/2005)

Nov. 9, 2005

Civil Case Terminated. (Flaherty, Elaine) (Entered: 11/10/2005)

Nov. 10, 2005
24

Judge Richard G. Stearns : Electronic SETTLEMENT ORDER OF DISMISSAL entered. (Johnson, Mary) (Entered: 11/16/2005)

Nov. 16, 2005

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 5, 2003

Closing Date: Nov. 16, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman that officers believed had an outstanding warrant (that had in fact been recalled) who was detained and strip-searched while visiting her fiancé at the South Bay House of Corrections.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Suffolk County (Suffolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Staff (number, training, qualifications, wages)

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run