Case: Gilanian v. City of Boston

1:01-cv-11580 | U.S. District Court for the District of Massachusetts

Filed Date: 2001

Closed Date: 2006

Clearinghouse coding in progress

Case Summary

People


Judge(s)

Gertner, Nancy (Massachusetts)

Attorney for Plaintiff

Hrones, Stephen B. (Massachusetts)

Tumposky, Michael L. (Massachusetts)

Attorney for Defendant

Breen, David J. (Massachusetts)

Cawley, Kathleen (Massachusetts)

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Documents in the Clearinghouse

Document

1:01-cv-11580

Docket [PACER]

July 18, 2006

July 18, 2006

Docket

1:01-cv-11580

Complaint

Sept. 14, 2001

Sept. 14, 2001

Complaint

1:01-cv-11580

Order Re: Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6)

May 20, 2002

May 20, 2002

Order/Opinion

1:01-cv-11580

Memorandum and Order [Re: Motions for Summary Judgment]

June 3, 2004

June 3, 2004

Order/Opinion

1:01-cv-11580

Memorandum and Order Re: Second Motion for Summary Judgment

Aug. 30, 2005

Aug. 30, 2005

Order/Opinion

1:01-cv-11580

Settlement Order of Dismissal

July 18, 2006

July 18, 2006

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

Complaint filed. Case assigned to Judge: Gertner. Receipt #: 33744 Amount:$ 150.00. Fee Status: pd (jf) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

Summons issued for City of Boston in 1:01-cv-11580, Suffolk County in 1:01-cv-11580, Richard J. Rouse in 1:01-cv-11580, Mary Poe in 1:01-cv-11580, Jane Doe in 1:01-cv-11580 (jf) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

2

Waiver of service returned executed as to Suffolk County in 1:01-cv-11580. Mailed on 11/7/01 . Answer due on 1/6/02 for Suffolk County (jf) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

3

Waiver of service returned executed as to Richard J. Rouse in 1:01-cv-11580. Mailed on 11/7/01 . Answer due on 1/6/02 for Richard J. Rouse (jf) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

4

Waiver of service returned executed as to Suffolk County in 1:01-cv-11580. Mailed on 11/7/01 . Answer due on 1/6/02 for Suffolk County (jf) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

5

Motion by Suffolk County in 1:01-cv-11580, Richard J. Rouse in 1:01-cv-11580 to dismiss , filed. c/s (jf) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

6

Memorandum by Suffolk County in 1:01-cv-11580, Richard J. Rouse in 1:01-cv-11580 in support of [5-1] motion to dismiss , filed. c/s (jf) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

8

Memorandum of Law by City of Boston in 1:01-cv-11580 in support of [7-1] motion to dismiss counts two and five of the, filed. c/s (jf) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

9

Memorandum by Adrienne Gilanian in 1:01-cv-11580 in opposition to [5-1]defendants' Suffolk County and Richard Rouse's motion to dismiss, filed. c/s (jf) (Entered: 02/13/2002)

Feb. 13, 2002

Feb. 13, 2002

Documents 5, 6 and 9 sent to chambers. (jf) (Entered: 02/13/2002)

Feb. 13, 2002

Feb. 13, 2002

#7 Dft City of Boston mtn to dismiss counts 2 and 5, sent chambers on 3/13/02. (mcm) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

Judge Nancy Gertner . Endorsed Order entered granting [7-1] motion to dismiss counts two and five of the complaint . [EOD Date 4/30/02] cc all counsel of record. (eaf) (Entered: 04/30/2002)

April 30, 2002

April 30, 2002

Judge Nancy Gertner. Endorsed Order entered granting in part, denying in part [5-1] defendants' motion to dismiss. Notice sent to counsel. [EOD Date 5/21/02] (jf) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

10

Judge Nancy Gertner. Order Re: Defendants' Motion to Dismiss Pursuant to FED.R.Civ. P. 12(b)(6) entered granting in part, denying in part [5-1] defendants' motion to dismiss. "....The motion to dismiss Counts One and Three alleging violations of 42 U.S.C. sec.1983 against defendants Suffolk County and Sheriff Richard J. Rouse is DENIED at this time on this record. The motion to dismiss Count Five alleging a violation of Mass. Gen. Laws Ch. 12, sec11(I) ("MCRA") against defendant Suffolk County is GRANTED because under Mass law, a municipality cannot be sued under the MCRA.....The motion to dismiss Count Five alleging a violation of Mass. Gen. Laws Ch. 12, sec11(I) against Rouse is also GRANTED. A claim against Rouse in his official capacity is clearly a claim against the County and therefore is barred. In addition, because the plaintiff has not alleged that defendant Rouse personally engaged in any acts against her that constituted threats, intimidation, or coercion, a claim against him in his individual capacity is likewise barred. SO ORDERED." cc:cl [EOD Date (jf) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

11

Answer by Suffolk County in 1:01-cv-11580, Richard J. Rouse in 1:01-cv-11580 to complaint; jury demand, filed. c/s (jf) (Entered: 06/07/2002)

May 31, 2002

May 31, 2002

12

Judge Nancy Gertner . Notice of Hearing/conference: Set status conference for 2:15 11/19/02 . Notice sent to counsel. (jf) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

At the court request, stc set for 11/19 at 2:15 has been reset to 12/16 at 3:30pm. All cnsl notified by tel, letter to follow. (mcm) (Entered: 11/14/2002)

Nov. 14, 2002

Nov. 14, 2002

13

Joint statement by Adrienne Gilanian in 1:01-cv-11580, City of Boston in 1:01-cv-11580, Suffolk County in 1:01-cv-11580, Richard J. Rouse in 1:01-cv-11580, Mary Poe in 1:01-cv-11580, Jane Doe in 1:01-cv-11580 for scheduling conference filed in open court. (jf) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Status conference held . (jf) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Judge Nancy Gertner. Endorsement adopting [13-1] joint statement. "Adopted- status conference set for 7/9/03 at 2:30 and 12/18/03 at 2:30pm. (jf) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner : Case on track, summary jgm hrg scheduled for 11/13/03 at 3:00pm. Parties agree to mediate this case before Senior Judge Mazzone. Order of reference to follow.. (Court Reporter none.) (Molloy, Maryellen) (Entered: 07/14/2003)

July 9, 2003

July 9, 2003

Set/Reset Deadlines as to Summary Jgm Motion Hearing set for 11/13/2003 03:00 PM in Courtroom 2 before Nancy Gertner. Summ jgm mtn due on 10/1/03; resp due 10/29/03. (Molloy, Maryellen) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

15

REFERRING CASE to Alternate Dispute Resolution.(Filo, Jennifer) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

ADR PROVIDER ASSIGNMENT. ADR Provider: Senior Judge Mazzone for mediation. (Filo, Jennifer) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

Judge A. David Mazzone. NOTICE of ADR Conference. Alternative Dispute Resolution Hearing with principals present set for 10/7/2003 10:30 AM in Courtroom 17 before A. David Mazzone.(Nee, Amy) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

16

PARTIES JOINT MOTION to Extend the scheduling order by City of Boston, Jane Doe, Adrienne Gilanian, Mary Poe, Richard J. Rouse, Suffolk County.(Filo, Jennifer) (Entered: 08/07/2003)

Aug. 6, 2003

Aug. 6, 2003

Judge Nancy Gertner : Electronic ORDER entered granting 16 Parties Joint Motion to Extend the Scheduling Order. Notice mailed to counsel. (Filo, Jennifer) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

17

MOTION for Summary Judgment by Richard J. Rouse, Suffolk County.c/s(Filo, Jennifer) (Entered: 10/24/2003)

Oct. 21, 2003

Oct. 21, 2003

18

MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by Richard J. Rouse, Suffolk County. (Filo, Jennifer) (Entered: 10/24/2003)

Oct. 21, 2003

Oct. 21, 2003

19

STATEMENT of facts in Support of Motion for Summary Judgment, filed. (Filo, Jennifer) (Entered: 10/24/2003)

Oct. 21, 2003

Oct. 21, 2003

ELECTRONIC Notice as to /Reset Deadlines as to 17 MOTION for Summary Judgment. Motion Hearing reset to 12/22/2003 02:30 PM in Courtroom 2 before Nancy Gertner, cnsl notified by telephone on 11/7/03, letter confirming new date to follow. (Molloy, Maryellen) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

20

Letter (non-motion) from Cristina Woods to clerk re: confirmation of summary judgment hearing rescheduled to 12/22/03 at 2:30. (Filo, Jennifer) (Entered: 11/20/2003)

Nov. 12, 2003

Nov. 12, 2003

22

OPPOSITION to Defendants' Motion for Summary Judgment and CROSS-MOTION for Summary Judgment and Incorporated Memorandum of Law by Adrienne Gilanian. c/s(Filo, Jennifer) (Entered: 11/25/2003)

Nov. 21, 2003

Nov. 21, 2003

23

STATEMENT of facts re 22 CROSS-MOTION for Summary Judgment. (Filo, Jennifer) (Entered: 11/25/2003)

Nov. 21, 2003

Nov. 21, 2003

24

RESPONSE to Motion re 22 CROSS-MOTION for Summary Judgment and Sur-Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by City of Boston, Jane Doe, Mary Poe, Richard J. Rouse, Suffolk County. c/s (Filo, Jennifer) (Entered: 12/09/2003)

Dec. 4, 2003

Dec. 4, 2003

25

REPLY to Response to Motion re 22 CROSS-MOTION for Summary Judgment and Sur-Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Adrienne Gilanian. c/s (sent to chambers)(Filo, Jennifer) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner : Motion hearing held, all motions taken under advisement, court adjourned. (Court Reporter Joyce.) (Molloy, Maryellen) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

26

SEALED Letter from Judge Gertner to counsel. (Filo, Jennifer) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

27

SEALED Letter from Jessica Hedges to Judge Gertner. (Filo, Jennifer) (Entered: 01/20/2004)

Jan. 16, 2004

Jan. 16, 2004

28

SEALED Letter from Kathleen M. Cawley to Judge Gertner. (Filo, Jennifer) (Entered: 01/20/2004)

Jan. 16, 2004

Jan. 16, 2004

ELECTRONIC NOTICE of Hearing:Hearing set for 2/3/2004 10:30 AM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner : hearing held on recusal issues. Defense counsel will report back to the court as soon as possible, on whether or not they intend to file a motion for recusal, court adjourned. (Court Reporter Hagopian.) (Molloy, Maryellen) (Entered: 02/03/2004)

Feb. 3, 2004

Feb. 3, 2004

29

Letter/request (non-motion) from Kathleen M. Cawley to Judge Gertner re: motion for recusal. (Filo, Jennifer) (Entered: 02/18/2004)

Feb. 3, 2004

Feb. 3, 2004

30

Judge Nancy Gertner : ORDER entered MEMORANDUM AND ORDER(Filo, Jennifer) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

ELECTRONIC NOTICE of Hearing re status conference :STATUS CONFERENCE set for 7/12/2004 11:00 AM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: parties to submit a new discovery schedule on or before 7/19/04, hearing to be schedule on summary jgm once motions are briefed. (Court Reporter none.) (Molloy, Maryellen) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

31

JOINT SUBMISSION pursuant to Local Rule 116.5(C) by Suffolk County.(Cawley, Kathleen) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

Judge Nancy Gertner : ORDER entered ELECTRONIC ENDORSEMENT ADOPTING 31 Joint submission filed by Suffolk County(Filo, Jennifer) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

32

Joint MOTION for Extension of Time to December 1, 2004 to File Motion for Summary Judgment by Adrienne Gilanian, Richard J. Rouse, Suffolk County.(Cawley, Kathleen) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

Judge Nancy Gertner : ELECTRONIC ORDER entered granting 32 ASSENTED TO Motion for Extension of Time to File Motion for Summary Judgment to 12/1/04. (Molloy, Maryellen) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

33

MOTION for Summary Judgment by Richard J. Rouse, Suffolk County.(Cawley, Kathleen) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

34

STATEMENT of facts re 33 MOTION for Summary Judgment. (Cawley, Kathleen) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

35

MEMORANDUM in Support re 33 MOTION for Summary Judgment filed by Richard J. Rouse, Suffolk County. (Attachments: # (1))(Cawley, Kathleen) Additional attachment(s) added on 12/2/2004 (Filo, Jennifer). (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

Electronic Notice of correction to docket made by Court staff. Exhibits to Document #35 Memorandum in Support of Motion were broken down into individual exhibits A-E. Please remember that any document should not exceed 20 pages or 2MB. (Filo, Jennifer) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

36

MOTION to Strike Exhibit And Supporting Affidavit to Defendants' Motion for Summary Judgment by Adrienne Gilanian.(Hrones, Stephen) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

37

Opposition re 33 MOTION for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment filed by Adrienne Gilanian. (Hrones, Stephen) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

38

MEMORANDUM in Opposition re 33 MOTION for Summary Judgment and in Support of her Cross-Motion for Summary Judgment filed by Adrienne Gilanian. (Hrones, Stephen) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

39

STATEMENT of facts (Statement of Material Facts) . (Attachments: # 1 Exhibit Exhibits 1-3 to Plantiff Gilanian's Statment of Material Facts)(Hrones, Stephen) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

40

Opposition re 36 MOTION to Strike Exhibit And Supporting Affidavit to Defendants' Motion for Summary Judgment filed by Richard J. Rouse, Suffolk County. (Cawley, Kathleen) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

Judge Nancy Gertner : ELECTRONIC ORDER entered denying 36 Motion to Strike. (Gertner, Nancy) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

42

Judge Nancy Gertner: ORDER RE: MOTIONS FOR SUMMARY JUDGMENT entered. (Filo, Jennifer) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

43

NOTICE of Appearance by Michael L. Tumposky on behalf of Adrienne Gilanian (Tumposky, Michael) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

44

Supplemental MEMORANDUM in Support re 22 MOTION for Summary Judgment filed by Adrienne Gilanian. (Tumposky, Michael) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

45

Supplemental MEMORANDUM in Opposition re 22 MOTION for Summary Judgment filed by Suffolk County. (Cawley, Kathleen) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

46

Judge Nancy Gertner : MEMORANDUM AND ORDER Re: Supplemental Briefing on Second Motion for Summary Judgment.(Filo, Jennifer) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

47

Judge Nancy Gertner : ORDER RE: Supplemental Briefing on Second Motion for Summary Judgment entered. (Filo, Jennifer) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

Set/Reset Hearings: Jury Trial set for 9/25/2006 at 9:00 AM in Courtroom 2 before Judge Nancy Gertner. Pretrial Conference set for 9/13/2006 at 2:30 PM in Courtroom 2 before Judge Nancy Gertner. (Filo, Jennifer) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

ELECTRONIC NOTICE of status conference:Status conference set for 8/17/2006 11:00 AM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

48

Judge Nancy Gertner : 60 DAY SETTLEMENT ORDER entered.... ORDER DISMISSING CASE, see order for details.(Molloy, Maryellen) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: 2001

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman arrested on a default warrant and strip-searched twice before her first court appearance: once upon arrival at the Nashua Street Jail, and once the next morning before leaving for court.

Public Interest Lawyer: No

Filed Pro Se: No

Defendants

Suffolk County (Suffolk), County

City of Boston (Boston), City

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)