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)

Schwarzer, William W (California)

Singal, George Z. (Maine)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Thistle, Dale F. (Maine)

Attorneys(s) for Defendant

Benjamin, Edward R. Jr. (Maine)

Marchesi, Peter T. (Maine)

Robbin, Leanne (Maine)

Judge(s)

Beaulieu, Eugene W. (Maine)

Brody, Morton Aaron (Maine)

Lipez, Kermit Victor (Maine)

Schwarzer, William W (California)

Singal, George Z. (Maine)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Thistle, Dale F. (Maine)

Attorneys(s) for Defendant

Benjamin, Edward R. Jr. (Maine)

Marchesi, Peter T. (Maine)

Robbin, Leanne (Maine)

Other Attorney(s)

Fisher, William R. (Maine)

Documents in the Clearinghouse

Document

1:98-cv-00078

Docket [PACER]

March 21, 2001

March 21, 2001

Docket
47

1:98-cv-00078

Order and Memorandum of Decision

63 F.Supp.2d 75

Aug. 30, 1999

Aug. 30, 1999

Order/Opinion

1:98-cv-00078

Recommended Decision

2000 WL 864177

March 3, 2000

March 3, 2000

Order/Opinion

99-02079

Appellate Decision

U. S. Court of Appeals for the First Circuit

219 F.3d 8

July 17, 2000

July 17, 2000

Order/Opinion

Resources

Docket

Last updated July 19, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

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

April 10, 1998

April 10, 1998

2

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

April 29, 1998

April 29, 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)

May 15, 1998

May 15, 1998

3

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

May 19, 1998

May 19, 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)

May 20, 1998

May 20, 1998

4

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)

June 22, 1998

June 22, 1998

5

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

June 22, 1998

June 22, 1998

6

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

June 22, 1998

June 22, 1998

7

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

June 22, 1998

June 22, 1998

8

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

June 22, 1998

June 22, 1998

9

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)

June 23, 1998

June 23, 1998

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

July 13, 1998

July 13, 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)

July 16, 1998

July 16, 1998

10

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)

Sept. 22, 1998

Sept. 22, 1998

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

Sept. 23, 1998

Sept. 23, 1998

11

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

Sept. 24, 1998

Sept. 24, 1998

12

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

Oct. 15, 1998

Oct. 15, 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)

Oct. 16, 1998

Oct. 16, 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)

Nov. 9, 1998

Nov. 9, 1998

13

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)

Nov. 9, 1998

Nov. 9, 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)

Nov. 17, 1998

Nov. 17, 1998

14

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)

Nov. 19, 1998

Nov. 19, 1998

15

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)

Nov. 24, 1998

Nov. 24, 1998

16

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)

Dec. 3, 1998

Dec. 3, 1998

17

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)

Dec. 14, 1998

Dec. 14, 1998

18

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

Dec. 16, 1998

Dec. 16, 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)

Dec. 24, 1998

Dec. 24, 1998

19

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)

Jan. 7, 1999

Jan. 7, 1999

20

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

Jan. 14, 1999

Jan. 14, 1999

21

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)

Jan. 25, 1999

Jan. 25, 1999

22

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)

Feb. 10, 1999

Feb. 10, 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)

Feb. 12, 1999

Feb. 12, 1999

23

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)

Feb. 22, 1999

Feb. 22, 1999

24

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)

March 4, 1999

March 4, 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)

March 9, 1999

March 9, 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)

March 15, 1999

March 15, 1999

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

March 23, 1999

March 23, 1999

25

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

April 1, 1999

April 1, 1999

26

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)

April 2, 1999

April 2, 1999

27

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

April 2, 1999

April 2, 1999

28

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

April 19, 1999

April 19, 1999

29

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

April 20, 1999

April 20, 1999

30

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

April 23, 1999

April 23, 1999

31

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)

April 26, 1999

April 26, 1999

32

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)

May 4, 1999

May 4, 1999

33

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

May 4, 1999

May 4, 1999

34

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)

May 5, 1999

May 5, 1999

35

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

May 5, 1999

May 5, 1999

36

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

May 11, 1999

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)

May 11, 1999

May 11, 1999

37

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

May 14, 1999

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)

May 14, 1999

May 14, 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)

May 17, 1999

May 17, 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)

May 20, 1999

May 20, 1999

38

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)

May 28, 1999

May 28, 1999

39

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

May 28, 1999

May 28, 1999

40

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

May 28, 1999

May 28, 1999

41

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

May 28, 1999

May 28, 1999

43

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

June 9, 1999

June 9, 1999

44

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

June 9, 1999

June 9, 1999

45

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)

June 10, 1999

June 10, 1999

46

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

June 10, 1999

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)

June 10, 1999

June 10, 1999

47

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)

Aug. 30, 1999

Aug. 30, 1999

48

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)

Aug. 30, 1999

Aug. 30, 1999

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

Aug. 30, 1999

Aug. 30, 1999

49

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

Sept. 9, 1999

Sept. 9, 1999

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

Sept. 10, 1999

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)

Sept. 10, 1999

Sept. 10, 1999

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

Sept. 14, 1999

Sept. 14, 1999

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

Oct. 7, 1999

Oct. 7, 1999

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

Aug. 23, 2000

Aug. 23, 2000

51

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)

Sept. 5, 2000

Sept. 5, 2000

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

Sept. 5, 2000

Sept. 5, 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)

Sept. 13, 2000

Sept. 13, 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)

Oct. 12, 2000

Oct. 12, 2000

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

Oct. 12, 2000

Oct. 12, 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)

Oct. 17, 2000

Oct. 17, 2000

52

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)

Oct. 25, 2000

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)

Oct. 25, 2000

Oct. 25, 2000

53

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

Oct. 26, 2000

Oct. 26, 2000

54

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)

Oct. 26, 2000

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)

Oct. 26, 2000

Oct. 26, 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)

Nov. 6, 2000

Nov. 6, 2000

55

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)

Nov. 9, 2000

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)

Nov. 9, 2000

Nov. 9, 2000

56

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)

Nov. 9, 2000

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)

Nov. 9, 2000

Nov. 9, 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)

Nov. 21, 2000

Nov. 21, 2000

57

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)

Nov. 24, 2000

Nov. 24, 2000

58

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)

Nov. 30, 2000

Nov. 30, 2000

59

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)

Dec. 8, 2000

Dec. 8, 2000

60

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)

Dec. 11, 2000

Dec. 11, 2000

61

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

Dec. 11, 2000

Dec. 11, 2000

62

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

Dec. 11, 2000

Dec. 11, 2000

63

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

Dec. 15, 2000

Dec. 15, 2000

64

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)

Dec. 21, 2000

Dec. 21, 2000

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)

Jan. 4, 2001

Jan. 4, 2001

65

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)

Jan. 5, 2001

Jan. 5, 2001

66

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

Jan. 17, 2001

Jan. 17, 2001

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

Kennebec County (Kennebec), County

Knox County (Knox), County

City of Rockport (Knox), City

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Voluntary Dismissal

Issues

General:

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run