Case: Miller v. Kennebec County

1:98-cv-00078 | U.S. District Court for the District of Maine

Filed Date: April 10, 1998

Closed Date: March 21, 2001

Clearinghouse coding complete

Case Summary

This strip search case was filed on April 10, 1998 in the United States District Court for the District of Maine by a woman who claimed Fourth Amendment and state law violations arising out of her arrest and incarceration by the Rockport police and the county sheriff. The plaintiff was arrested on a two-year-old outstanding warrant for driving with an expired inspection sticker and for failing to appear in court. During intake, she was strip searched and, while naked, required to squat and cou…

This strip search case was filed on April 10, 1998 in the United States District Court for the District of Maine by a woman who claimed Fourth Amendment and state law violations arising out of her arrest and incarceration by the Rockport police and the county sheriff. The plaintiff was arrested on a two-year-old outstanding warrant for driving with an expired inspection sticker and for failing to appear in court. During intake, she was strip searched and, while naked, required to squat and cough. This procedure was repeated after a visit from her husband. She and her husband sued the officers involved, the county, the town and the sheriff.

Plaintiffs' motions for sanctions resulting from discovery disputes (and for default judgment against the county) were referred to the Magistrate (Mag. Judge Eugene W. Beaulieu) who recommended, and the Court (Judge George Z. Singal) agreed, that Defendants' counsel personally satisfy a $2500 sanction.

On August 30, 1999, the Court (Judge Brody) granted Defendants' motions for summary judgment as to the Fourth Amendment claims, finding that the multiple strip searches were completely unjustified, but that none of the Defendants could be held liable, due to qualified immunity and the absence of municipal and supervisory liability. The Court declined to exercise jurisdiction over the Plaintiffs' pendent state claims.

On appeal to the United States Court of Appeals for the First Circuit, the Court overturned the District Court's grant of summary judgment as to the arresting officer's liability, and held that factual issues regarding the Sheriff's involvement precluded summary judgment the claim against the County. Miller v. Kennebec County, 219 F.3d 8 (1st Cir. 2000)

The case was remanded for further proceedings, but we have no information as to the result.

Summary Authors

Denise Heberle (4/18/2012)

People


Judge(s)

Beaulieu, Eugene W. (Maine)

Brody, Morton Aaron (Maine)

Lipez, Kermit Victor (Maine)

Attorney for Plaintiff
Attorney for Defendant

Benjamin, Edward R. Jr. (Maine)

Expert/Monitor/Master/Other

Fisher, William R. (Maine)

Documents in the Clearinghouse

Documents in this case

1:98-cv-00078

Docket [PACER]

March 21, 2001

March 21, 2001

Docket
47

1:98-cv-00078

Order and Memorandum of Decision

Aug. 30, 1999

Aug. 30, 1999

Order/Opinion

63 F.Supp.2d 75

1:98-cv-00078

Recommended Decision

March 3, 2000

March 3, 2000

Order/Opinion

2000 WL 864177

99-02079

Appellate Decision

U.S. Court of Appeals for the First Circuit

July 17, 2000

July 17, 2000

Order/Opinion

219 F.3d 8

Docket

Last updated March 26, 2025, 9:22 a.m.

ECF Number Date Description Link
1 April 10, 1998

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 36542; jury demand (gbc) (Entered: 04/10/1998)

PACER
2 April 29, 1998

ANSWER to Complaint by KENNEBEC COUNTY, KNOX COUNTY (Attorney WILLIAM R. FISHER), (mmc) (Entered: 04/29/1998)

PACER
May 15, 1998

WAIVER of Service of Summons Returned Executed as to NANCY A DESJARDIN ; Waiver mailed 4/22/98 Answer due on 6/22/98 for NANCY A DESJARDIN (former employee) (Entered: 05/15/1998)

PACER
3 May 19, 1998

ANSWER to Complaint by ROCKPORT CITY OF, BRENT DAVIS (Attorney EDWARD R. BENJAMIN JR.), (former employee) (Entered: 05/19/1998)

PACER
May 20, 1998

WAIVER of Service of Summons Returned Executed as to ROCKPORT CITY OF, BRENT DAVIS ; Waiver mailed 4/22/98 Answer due on 6/22/98 for BRENT DAVIS, for ROCKPORT CITY OF (jgw) (Entered: 05/20/1998)

PACER
4 June 22, 1998

MOTION with memorandum in support by NANCY A DESJARDIN for Summary Judgment ; Response to Motion due 7/10/98 for LAWRENCE MILLER, for CARMEN MILLER (jgw) (Entered: 06/22/1998)

PACER
5 June 22, 1998

STATEMENT of Material Fact by NANCY A DESJARDIN (jgw) (Entered: 06/22/1998)

PACER
6 June 22, 1998

AFFIDAVIT of Nancy DesJardin (jgw) (Entered: 06/22/1998)

PACER
7 June 22, 1998

AFFIDAVIT of Alice Sproul (jgw) (Entered: 06/22/1998)

PACER
8 June 22, 1998

ANSWER to Complaint by NANCY A DESJARDIN (Attorney LEANNE ROBBIN), (jgw) (Entered: 06/22/1998)

PACER
9 June 23, 1998

SCHEDULING ORDER setting Discovery cutoff 10/12/98 ; Deadline for filing of all motions 10/19/98 ; Ready for Trial Date 2/16/99 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (jgw) (Entered: 06/23/1998)

PACER
July 13, 1998

Motion(s) taken under advisement: [4-1] motion for Summary Judgment under advisement (jgw) (Entered: 07/13/1998)

PACER
July 16, 1998

ENDORSEMENT on Motion granting [4-1] motion for Summary Judgment ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (former employee) (Entered: 07/16/1998)

PACER
10 Sept. 22, 1998

MOTION by KENNEBEC COUNTY, KNOX COUNTY, ROCKPORT CITY OF, BRYAN T LAMOREAU, DANIEL G DAVEY, BRENT DAVIS, JEFFREY FULLER for Confidentiality Order (former employee) (Entered: 09/22/1998)

PACER
Sept. 23, 1998

Motion(s) taken under advisement: [10-1] motion for Confidentiality Order under advisement (jgw) (Entered: 09/23/1998)

PACER
11 Sept. 24, 1998

ORDER granting [10-1] motion for Confidentiality Order ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (jgw) (Entered: 09/24/1998)

PACER
12 Oct. 15, 1998

MOTION by CARMEN MILLER, LAWRENCE MILLER to Amend Scheduling Order - Reason: discovery and motion deadline (former employee) (Entered: 10/15/1998)

PACER
Oct. 16, 1998

ENDORSEMENT on Motion granting [12-1] motion to Amend Scheduling Order - Reason: discovery and motion deadline, reset Scheduling Order Deadlines: Discovery deadline on 11/12/98 ; Deadline for filing of all motions by 11/19/98 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 10/16/1998)

PACER
13 Nov. 9, 1998

REPORT of Conference of Counsel granting [0-0] motion to Amend Scheduling Order - Reason: discovery and motion deadlines, reset Scheduling Order Deadlines: Discovery deadline on 12/16/98 ; Deadline for filing of all motions by 1/8/99 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 11/09/1998)

PACER
Nov. 9, 1998

MOTION during phone conference by CARMEN MILLER, LAWRENCE MILLER to Amend Scheduling Order - Reason: discovery and motion deadlines (former employee) (Entered: 11/09/1998)

PACER
Nov. 17, 1998

ON TRIAL LIST for 9:00 2/16/99 ; Final Pre-Trial Memorandum due 12/29/98 for JEFFREY FULLER, for BRENT DAVIS, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for ROCKPORT CITY OF, for KNOX COUNTY, for KENNEBEC COUNTY, for LAWRENCE MILLER, for CARMEN MILLER ; Final Pre-Trial Conference set for 2:00 1/6/99 before MAG. JUDGE EUGENE W. BEAULIEU ; cc: cnsl (former employee) (Entered: 11/17/1998)

PACER
14 Nov. 19, 1998

ORDER authorizing plaintiffs' counsel to file any motion to compel and/or for sanctions he deems appropriate ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 11/19/1998)

PACER
15 Nov. 24, 1998

MOTION by CARMEN MILLER for Default Judgment against Kennebec & Knox Counties , and for Attorney Fees , and for Sanctions ; Response to Motion due 12/14/98 for KNOX COUNTY, for KENNEBEC COUNTY (former employee) (Entered: 11/24/1998)

PACER
16 Dec. 3, 1998

RESPONSE by KENNEBEC COUNTY, KNOX COUNTY to [15-1] motion for Default Judgment against Kennebec & Knox Counties ; Reply to Response due 12/14/98 for LAWRENCE MILLER, for CARMEN MILLER (bld) (Entered: 12/03/1998)

PACER
17 Dec. 14, 1998

REPLY by CARMEN MILLER, LAWRENCE MILLER to response to [15-1] motion for Default Judgment against Kennebec & Knox Counties (former employee) (Entered: 12/15/1998)

PACER
18 Dec. 16, 1998

REPORT OF HEARING AND ORDER RE: Discovery Dispute ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 12/16/1998)

PACER
Dec. 24, 1998

Motion(s) referred: [15-1] motion for Default Judgment against Kennebec & Knox Counties referred to MAG. JUDGE EUGENE W. BEAULIEU, [15-2] motion for Attorney Fees referred to MAG. JUDGE EUGENE W. BEAULIEU, [15-3] motion for Sanctions referred to MAG. JUDGE EUGENE W. BEAULIEU (jgw) (Entered: 12/24/1998)

PACER
19 Jan. 7, 1999

RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions recommending plaintiff's counsel provide Court with detailed accounting & thereafter Court impose a sanction ; Motion no longer referred Objections to R and R due by 1/25/99 for JEFFREY FULLER, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for KNOX COUNTY, for KENNEBEC COUNTY ; cc:cnsl (former employee) (Entered: 01/07/1999)

PACER
20 Jan. 14, 1999

REPORT of Conference of Counsel RE: deposition dispute ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 01/15/1999)

PACER
21 Jan. 25, 1999

OBJECTION by CARMEN MILLER, LAWRENCE MILLER to [19-1] motion RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions recommending plaintiff's counsel provide Court with detailed accounting & thereafter Court impose a sanction ; Response to Objections to RR due 2/11/99 for JEFFREY FULLER, for BRENT DAVIS, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for ROCKPORT CITY OF, for KNOX COUNTY, for KENNEBEC COUNTY ;, [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions (former employee) (Entered: 01/25/1999)

PACER
22 Feb. 10, 1999

RESPONSE by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER to Objections to [19-1] motion RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions recommending plaintiff's counsel provide Court with detailed accounting & thereafter Court impose a sanction (jgw) (Entered: 02/10/1999)

PACER
Feb. 12, 1999

Motion(s) taken under advisement: [19-1] motion RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions recommending plaintiff's counsel provide Court with detailed accounting & thereafter Court impose a sanction under advisement, [15-1] motion for Default Judgment against Kennebec & Knox Counties under advisement, [15-2] motion for Attorney Fees under advisement, [15-3] motion for Sanctions under advisement (jgw) (Entered: 02/12/1999)

PACER
23 Feb. 22, 1999

ORDER Affirming Recommended Decision of Magistrate terminating [19-1] motion RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: [15-1] motion for Default Judgment against Kennebec & Knox Counties, [15-2] motion for Attorney Fees, [15-3] motion for Sanctions recommending plaintiff's counsel provide Court with detailed accounting & thereafter Court impose a sanction ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (jgw) (Entered: 02/22/1999)

PACER
24 March 4, 1999

REPORT of Conference of Counsel, reset Scheduling Order Deadlines: Discovery deadline on 4/20/99 ; Deadline for filing of all motions by 5/4/99 Ready for Trial Date 6/8/99 ; ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 03/04/1999)

PACER
March 9, 1999

Deadline updated, called counsel this date to remind him; Remember to see if pltf has filed accounting sheet re: R&R on 3/22/99 (jgw) (Entered: 03/09/1999)

PACER
March 15, 1999

ON TRIAL LIST for 9:00 6/14/99 ; Final Pre-Trial Memorandum due 4/19/99 for JEFFREY FULLER, for BRENT DAVIS, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for ROCKPORT CITY OF, for KNOX COUNTY, for KENNEBEC COUNTY, for LAWRENCE MILLER, for CARMEN MILLER ; Final Pre-Trial Conference set for 10:45 4/26/99 before MAG. JUDGE EUGENE W. BEAULIEU ; cc: cnsl (former employee) (Entered: 03/15/1999)

PACER
March 23, 1999

Deadline updated; Remember to see if pltf has filed accounting sheet re: R&R on 3/26/99 (jgw) (Entered: 03/23/1999)

PACER
25 April 1, 1999

AFFIDAVIT of Dale F. Thistle concerning Attorneys fees associated with motion for sanctions (jgw) (Entered: 04/01/1999)

PACER
26 April 2, 1999

ORDER imposing a $2500 sanction to be personally satisfied by Defendants' counsel ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (jgw) (Entered: 04/02/1999)

PACER
27 April 2, 1999

STIPULATED Transcript of Dispatch Calls Concerning Carmen Miller April 13-15, 1996 (jgw) (Entered: 04/02/1999)

PACER
28 April 19, 1999

FINAL PRETRIAL MEMORANDUM by ROCKPORT CITY OF, BRENT DAVIS (former employee) (Entered: 04/19/1999)

PACER
29 April 20, 1999

FINAL PRETRIAL MEMORANDUM by CARMEN MILLER, LAWRENCE MILLER (bld) (Entered: 04/20/1999)

PACER
30 April 23, 1999

FINAL PRETRIAL MEMORANDUM by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER (jgw) (Entered: 04/23/1999)

PACER
31 April 26, 1999

REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER filed, set trial brief deadline for 6/7/99 or 10 days after ruling on s/j mtn for JEFFREY FULLER, for BRENT DAVIS, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for ROCKPORT CITY OF, for KNOX COUNTY, for KENNEBEC COUNTY, for LAWRENCE MILLER, for CARMEN MILLER , estimated trial time is 5 days ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (jgw) (Entered: 04/26/1999)

PACER
32 May 4, 1999

MOTION by ROCKPORT CITY OF, BRENT DAVIS for Summary Judgment ; Response to Motion due 5/21/99 for LAWRENCE MILLER, for CARMEN MILLER (former employee) (Entered: 05/04/1999)

PACER
33 May 4, 1999

STATEMENT of Material Fact by ROCKPORT CITY OF, BRENT DAVIS (former employee) (Entered: 05/04/1999)

PACER
34 May 5, 1999

MOTION by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER for Summary Judgment ; Response to Motion due 5/24/99 for LAWRENCE MILLER, for CARMEN MILLER (former employee) (Entered: 05/05/1999)

PACER
35 May 5, 1999

STATEMENT of Material Fact by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER (former employee) (Entered: 05/05/1999)

PACER
36 May 11, 1999

MOTION by CARMEN MILLER, LAWRENCE MILLER for Protection from Trial June 23 through July 5 (jgw) (Entered: 05/11/1999)

PACER
May 11, 1999

ENDORSEMENT on Motion granting [36-1] motion for Protection from Trial June 23 through July 5 ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (former employee) (Entered: 05/11/1999)

PACER
37 May 14, 1999

MOTION (no objection) by CARMEN MILLER, LAWRENCE MILLER to Extend Time to Respond to the Motions for Summary Judgment (mlh) (Entered: 05/14/1999)

PACER
May 14, 1999

Motion(s) referred: [37-1] motion to Extend Time to Respond to the Motions for Summary Judgment referred to MAG. JUDGE EUGENE W. BEAULIEU (mlh) (Entered: 05/14/1999)

PACER
May 17, 1999

ENDORSEMENT on Motion granting [37-1] motion to Extend Time to Respond to the Motions for Summary Judgment, Response to Motion reset to 6/1/99 for LAWRENCE MILLER, for CARMEN MILLER for [34-1] motion for Summary Judgment, reset to 6/1/99 for LAWRENCE MILLER, for CARMEN MILLER for [32-1] motion for Summary Judgment ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (mlh) (Entered: 05/17/1999)

PACER
May 20, 1999

DEPOSITION Transcript of James Mitchell, ADA, Nancy Desjardin, Brent Davis, Jessika Tassinari, Sheriff Bryan Lamoreau (2), Kenneth Hatch, III, Michelle St. Clair, Mark Graham and Jeffrey Fuller filed by CARMEN MILLER, LAWRENCE MILLER (jgw) (Entered: 05/20/1999)

PACER
38 May 28, 1999

RESPONSE by CARMEN MILLER, LAWRENCE MILLER to [34-1] motion for Summary Judgment ; Reply to Response due 6/10/99 for JEFFREY FULLER, for DANIEL G DAVEY, for BRYAN T LAMOREAU, for KNOX COUNTY, for KENNEBEC COUNTY, [32-1] motion for Summary Judgment ; Reply to Response due 6/10/99 for BRENT DAVIS, for ROCKPORT CITY OF (jgw) Modified on 06/01/1999 (Entered: 06/01/1999)

PACER
39 May 28, 1999

STATEMENT of Material Fact by CARMEN MILLER, LAWRENCE MILLER (jgw) (Entered: 06/01/1999)

PACER
40 May 28, 1999

Responsive STATEMENT of Material Fact by CARMEN MILLER, LAWRENCE MILLER to Kennebec & Knox (jgw) (Entered: 06/01/1999)

PACER
41 May 28, 1999

Responsive STATEMENT of Material Fact by CARMEN MILLER, LAWRENCE MILLER to Davis & Rockport (jgw) (Entered: 06/01/1999)

PACER
43 June 9, 1999

REPLY by ROCKPORT CITY OF, BRENT DAVIS to response to [32-1] motion for Summary Judgment (jgw) (Entered: 06/09/1999)

PACER
44 June 9, 1999

Supplemental STATEMENT of Material Fact by ROCKPORT CITY OF, BRENT DAVIS (jgw) (Entered: 06/09/1999)

PACER
45 June 10, 1999

REPLY by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER to response to [34-1] motion for Summary Judgment (jgw) (Entered: 06/10/1999)

PACER
46 June 10, 1999

STATEMENT of Material Fact by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER (jgw) (Entered: 06/10/1999)

PACER
June 10, 1999

Motion(s) taken under advisement: [34-1] motion for Summary Judgment under advisement, [32-1] motion for Summary Judgment under advisement (jgw) (Entered: 06/10/1999)

PACER
47 Aug. 30, 1999

ORDER and MEMORANDUM OF DECISION granting [34-1] motion for Summary Judgment as to Counts II and III, granting [32-1] motion for Summary Judgment as to Counts II and III. The Court declines to exercise its jurisdiction over the remaining state claims ( signed by JUDGE MORTON A. BRODY ) cc: cnsl (jgw) (Entered: 08/30/1999)

PACER
48 Aug. 30, 1999

JUDGMENT for KENNEBEC COUNTY, KNOX COUNTY, ROCKPORT CITY OF, BRYAN T LAMOREAU, DANIEL G DAVEY, BRENT DAVIS, JEFFREY FULLER against CARMEN MILLER, LAWRENCE MILLER signed by William S. Brownell, Clerk. cc: cnsl ( EOD: 8/30/99 ) (jgw) (Entered: 08/30/1999)

PACER
Aug. 30, 1999

Case closed; Purge Appeal deadline set for 9/29/99 (jgw) (Entered: 08/30/1999)

PACER
49 Sept. 9, 1999

NOTICE OF APPEAL by CARMEN MILLER, LAWRENCE MILLER (former employee) (Entered: 09/10/1999)

PACER
Sept. 10, 1999

CERTIFICATE of Clerk (Form 83) Org docs #: 1 through 49 (former employee) (Entered: 09/10/1999)

PACER
Sept. 10, 1999

Certified and transmitted record on appeal to U.S. Court of Appeals: [49-1] appeal by LAWRENCE MILLER, CARMEN MILLER (former employee) (Entered: 09/10/1999)

PACER
Sept. 14, 1999

Appeal Filing Fee Paid; FILING FEE $ 105 RECEIPT # 38937 (former employee) (Entered: 09/14/1999)

PACER
Oct. 7, 1999

USCA Case Number Re: [49-1] appeal by LAWRENCE MILLER, CARMEN MILLER USCA NUMBER: 99-2079 (jgw) (Entered: 10/07/1999)

PACER
Aug. 23, 2000

Deadline updated; reset Mandate deadline to 9/11/00 (jgw) (Entered: 08/23/2000)

PACER
51 Sept. 5, 2000

MANDATE/JUDGMENT OF USCA (certified copy) Re: [49-1] appeal by LAWRENCE MILLER, CARMEN MILLER Decision: reverse the judgment for Brent Davis and Knox County and remand for further proceedings; order vacated declining jurisdiction voer the supplemental claims against those two defts w/o prejudice; in all other respects judgment is affirmed (Appeal Record Deadline set for 10/20/00 ) (seal user) (Entered: 09/05/2000)

PACER
Sept. 5, 2000

Case reopened purusuant to Mandate issued from USCA (jgw) (Entered: 10/16/2000)

PACER
Sept. 13, 2000

Record on appeal returned from U.S. Court of Appeals: [49-1] appeal by LAWRENCE MILLER, CARMEN MILLER (former employee) (Entered: 09/14/2000)

PACER
Oct. 12, 2000

APPEARANCE of attorney for KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER by PETER T. MARCHESI (jgw) (Entered: 10/12/2000)

PACER
Oct. 12, 2000

CASE reassigned to Judge GEORGE Z. SINGAL (err) (Entered: 10/12/2000)

PACER
Oct. 17, 2000

FINAL Pre-trial conference set at 9:30 11/2/00 before MAG. JUDGE MARGARET J. KRAVCHUK Final Pretrial Memorandum due 10/30/00 for BRENT DAVIS, for KNOX COUNTY, for LAWRENCE MILLER, for CARMEN MILLER cc: cnsl (mlh) (Entered: 10/17/2000)

PACER
52 Oct. 25, 2000

MOTION with memorandum in support by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER to Continue FPTC and Trial (err) (Entered: 10/25/2000)

PACER
Oct. 25, 2000

Motion(s) referred: [52-1] motion to Continue FPTC and Trial referred to MAG. JUDGE MARGARET J. KRAVCHUK (err) (Entered: 10/25/2000)

PACER
53 Oct. 26, 2000

Letter RESPONSE by CARMEN MILLER, LAWRENCE MILLER to [52-1] motion to Continue FPTC and Trial (jgw) (Entered: 10/26/2000)

PACER
54 Oct. 26, 2000

REPORT of Telephone Conference of Counsel granting over objection [52-1] motion to Continue FPTC and Trial, set Trial List to 2/12/01 ; Final Pretrial Conference to 9:30 1/23/01 ; Final Pretrial Memo deadline to 1/17/01 for BRENT DAVIS, for KNOX COUNTY, for LAWRENCE MILLER, for CARMEN MILLER ( signed by MAG. JUDGE MARGARET J. KRAVCHUK ) cc: cnsl (jgw) (Entered: 10/26/2000)

PACER
Oct. 26, 2000

Motion(s) taken under advisement: [34-1] motion for Summary Judgment under advisement, [32-1] motion for Summary Judgment under advisement (jgw) (Entered: 10/26/2000)

PACER
Nov. 6, 2000

ON TRIAL LIST for 2/12/01 ; Final Pre-Trial Memorandum due 1/17/01 for BRENT DAVIS, for KNOX COUNTY, for LAWRENCE MILLER, for CARMEN MILLER ; Final Pre-Trial Conference set for 9:30 1/23/01 before MAG. JUDGE MARGARET J. KRAVCHUK ; cc: cnsl (jgw) (Entered: 11/06/2000)

PACER
55 Nov. 9, 2000

MOTION by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER for William Fisher to Withdraw as Attorney (jgw) (Entered: 11/09/2000)

PACER
56 Nov. 9, 2000

Letter MOTION by KNOX COUNTY to supplement motion for summary judgment , and for Hearing on [34-1] motion for Summary Judgment, [32-1] motion for Summary Judgment ; Response to Motion due 11/30/00 for LAWRENCE MILLER, for CARMEN MILLER (jgw) (Entered: 11/09/2000)

PACER
Nov. 9, 2000

Motion(s) referred: [55-1] motion for William Fisher to Withdraw as Attorney referred to MAG. JUDGE MARGARET J. KRAVCHUK (jgw) (Entered: 11/09/2000)

PACER
Nov. 9, 2000

ENDORSEMENT on Motion granting [55-1] motion for William Fisher to Withdraw as Attorney (Terminated attorney WILLIAM R. FISHER for KNOX COUNTY ) ( signed by MAG. JUDGE MARGARET J. KRAVCHUK ) cc: cnsl (jgw) (Entered: 11/13/2000)

PACER
Nov. 21, 2000

ENDORSEMENT on Motion granting [56-2] motion for Hearing on [34-1] motion for Summary Judgment, [32-1] motion for Summary Judgment, Motion Hearing Re: [34-1] motion for Summary Judgment set for 10:00 1/4/01, [32-1] motion for Summary Judgment set for 10:00 1/4/01 ( signed by Walentine, DC for Judge GEORGE Z. SINGAL ) cc: cnsl (jgw) (Entered: 11/21/2000)

PACER
57 Nov. 24, 2000

Letter RESPONSE by CARMEN MILLER, LAWRENCE MILLER to [56-1] motion to supplement motion for summary judgment, [56-2] motion for Hearing on [34-1] motion for Summary Judgment, [32-1] motion for Summary Judgment (jgw) (Entered: 11/30/2000)

PACER
58 Nov. 30, 2000

ORDER, set Supplemental Brief deadline to 12/11/00 for BRENT DAVIS, for KNOX COUNTY to the motions for s/j , set Response Brief deadline to 12/21/00 for LAWRENCE MILLER, for CARMEN MILLER to the motions for s/j , as previously scheduled Motion Hearing Re: [34-1] motion for Summary Judgment set for 10:00 1/4/01, [32-1] motion for Summary Judgment set for 10:00 1/4/01 ( signed by Judge GEORGE Z. SINGAL ) cc: cnsl (jgw) (Entered: 11/30/2000)

PACER
59 Dec. 8, 2000

SUPPLEMENTAL MEMORANDUM/BRIEF by ROCKPORT CITY OF, BRENT DAVIS in support of [34-1] motion for Summary Judgment, [32-1] motion for Summary Judgment (err) (Entered: 12/08/2000)

PACER
60 Dec. 11, 2000

Supplemental MEMORANDUM by KENNEBEC COUNTY, KNOX COUNTY, BRYAN T LAMOREAU, DANIEL G DAVEY, JEFFREY FULLER in support of [34-1] motion for Summary Judgment (jgw) (Entered: 12/12/2000)

PACER
61 Dec. 11, 2000

Supplemental STATEMENT of Material Fact by KNOX COUNTY (jgw) (Entered: 12/12/2000)

PACER
62 Dec. 11, 2000

AFFIDAVIT of Malcolm Ulmer (jgw) (Entered: 12/12/2000)

PACER
63 Dec. 15, 2000

AFFIDAVIT of Virginia Lindsey (err) (Entered: 12/15/2000)

PACER
64 Dec. 21, 2000

Supplemental MEMORANDUM by CARMEN MILLER, LAWRENCE MILLER in support of [42-1] response to motion for s/j on state law claims (jgw) (Entered: 12/21/2000)

PACER
Jan. 4, 2001

Motion(s) taken under advisement: [34-1] motion for Summary Judgment under advisement, [32-1] motion for Summary Judgment under advisement (err) (Entered: 01/04/2001)

PACER
65 Jan. 5, 2001

ORDER and MEMORANDUM OF DECISION denying [34-1] motion for Summary Judgment, denying [32-1] motion for Summary Judgment; the Court enters partial summary judgment against Counts I,IV,V and VI on behalf of defendants ( signed by Judge GEORGE Z. SINGAL ) cc: cnsl (jgw) (Entered: 01/08/2001)

PACER
66 Jan. 17, 2001

FINAL PRETRIAL MEMORANDUM by BRENT DAVIS (bld) (Entered: 01/18/2001)

PACER

Case Details

State / Territory:

Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 10, 1998

Closing Date: March 21, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman strip-searched several times in Knox County Jail after having been arrested during a routine traffic stop for having an outstanding warrant for failure to appear in court.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Rockport

County

Kennebec County

Knox County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

District of Maine 1:98-cv-00078

U.S. Court of Appeals for the First Circuit 99-02079

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation