Case: Boisselle v. County of Mercer

3:06-cv-02065 | U.S. District Court for the District of New Jersey

Filed Date: May 5, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 5, 2006, an individual who had been arrested on a minor criminal charge filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of New Jersey, alleging that the Mercer County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Mercer County Jail, regardless of the criminal charge or absence of reasonable suspicion. Plaintiffs claimed that the practice violated the Fourth Amendment…

On May 5, 2006, an individual who had been arrested on a minor criminal charge filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of New Jersey, alleging that the Mercer County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Mercer County Jail, regardless of the criminal charge or absence of reasonable suspicion. Plaintiffs claimed that the practice violated the Fourth Amendment to the U.S. Constitution and sought declaratory and injunctive relief, monetary and punitive damages, and class certification on behalf of thousands of similarly situated individuals. The County and the Sheriff answered by generally denying the allegations.

The case was assigned to Chief Judge Garrett E. Brown, Jr., who referred the case to Magistrate Judge Tonianne J. Bongiovanni to oversee discovery. On August 2, 2007, Magistrate Judge Bongiovanni referred the case to mediation and stayed all proceedings.

In November 2008, a settlement agreement was finalized between the parties and given preliminary approval by Judge Bongiovanni. On April 20, 2009, Judge Bongiovanni released an order granting final approval of the class action settlement. The settlement provided that the case be dismissed with prejudice and the claims against the defendants be dropped in exchange for a settlement amount of $1.8 million for plaintiff and those of his class. Plaintiff himself was to receive $20,000 for the trouble he took to bring the lawsuit; the rest of his class was to receive a pro rata share of the settlement fund; plaintiff attorneys received $540,000 in attorney fees.

Additionally, Mercer County asserted that it changed its policy on strip searches on August 17, 2006, as a result of this litigation. The new policy ended the practice of strip searching detainees on a blanket basis, as well as the practice of strip searching non-indictable detainees in the absence of reasonable suspicion. Mercer County further asserted that beginning on August 17, 2006, all corrections officers had been trained in the new policy.

Summary Authors

Dan Dalton (1/29/2008)

Kat Brausch (3/20/2016)

People


Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Brown, Garrett E. Jr. (New Jersey)

Attorneys(s) for Plaintiff

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Lesser, Seth R. (New York)

Mason, Gary E. (District of Columbia)

Riback, William A. (New Jersey)

Rudich, Fran L. (New York)

Attorneys(s) for Defendant

Crowley, Sarah G. (New Jersey)

Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Brown, Garrett E. Jr. (New Jersey)

Attorneys(s) for Plaintiff

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Lesser, Seth R. (New York)

Mason, Gary E. (District of Columbia)

Riback, William A. (New Jersey)

Rudich, Fran L. (New York)

Attorneys(s) for Defendant

Crowley, Sarah G. (New Jersey)

Giordano, Gregory J. (New Jersey)

Documents in the Clearinghouse

Document

3:06-cv-02065

Docket (PACER)

Boisselle v. The County of Mercer, et al.

Aug. 9, 2010

Aug. 9, 2010

Docket
4

3:06-cv-02065

Class Action Complaint

Boisselle v. The County of Mercer, et al.

May 5, 2006

May 5, 2006

Complaint
39-2

3:06-cv-02065

Settlement Agreement

Oct. 29, 2008

Oct. 29, 2008

Settlement Agreement
44

3:06-cv-02065

Order Granting Final Approval of Class Action Settlement and Judgment

April 20, 2009

April 20, 2009

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI &MICHAEL B. GERALD ( Filing fee $ 350 receipt number 951223.) Jury Demand, filed by TRAFFORD BOISSELLE.(ck ) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

CASE REFERRED to Arbitration. (jjq, ) (Entered: 11/13/2008)

May 5, 2006

May 5, 2006

2

NOTICE of Appearance by SETH R. LESSER on behalf of TRAFFORD BOISSELLE (LESSER, SETH) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

3

Letter from william riback. (Attachments: # 1 Summons)(RIBACK, WILLIAM) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

Summons Issued as to MERCER COUNTY DEPARTMENT OF CORRECTIONS, THE COUNTY OF MERCER, &MERCER COUNTY DEPARTMENT OF SHERIFF.Days Due − 20. (mailed to counsel) (ck) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

4

SUMMONS Returned Executed by TRAFFORD BOISSELLE. MERCER COUNTY DEPARTMENT OF CORRECTIONS served on 6/7/2006, answer due 6/27/2006; THE COUNTY OF MERCER served on 6/8/2006, answer due 6/28/2006; MERCER COUNTY DEPARTMENT OF SHERIFF served on 6/8/2006, answer due 6/28/2006. (RIBACK, WILLIAM) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

5

ANSWER to Complaint with Jury Demand by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD.(CROWLEY, SARAH) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

6

ORDER Scheduling a rule 16 Conference set for 9/6/2006 2:30 PM in Trenton − Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 6/30/06. (Attachments: # 1 ADR MEMO)(mm) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 9/6/2006. (mm) (Entered: 09/08/2006)

Sept. 6, 2006

Sept. 6, 2006

7

PRETRIAL SCHEDULING ORDER: Telephone Conference set for 12/13/2006 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Motions to Amended Pleading &for Joinder of Parties due by 1/12/2007; Ret'ble 2/5/07. Motions for class certificaiton due by 3/9/07; Ret'ble 4/2/07. Signed by Judge Tonianne J. Bongiovanni on 9/7/06. (ck ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

8

MOTION for Leave to Appear Pro Hac Vice Fran Rudich by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Fran Rudich# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

9

MOTION for Leave to Appear Pro Hac Vice Alexandra Coler by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Alexandra Coler# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

10

MOTION for Leave to Appear Pro Hac Vice Charles LaDuca by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Charles LaDuca# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

Set Deadlines as to 9 MOTION for Leave to Appear Pro Hac Vice Alexandra Coler , 8 MOTION for Leave to Appear Pro Hac Vice Fran Rudich , 10 MOTION for Leave to Appear Pro Hac Vice Charles LaDuca . Motion Hearing set for 11/20/2006 10:00 AM in Trenton − Courtroom 4E before Chief Judge Garrett E. Brown, Jr.. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck, ) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

12

ORDER granting 8 ; 9 ; &10 Motions for Leave to Appear FRAN RUDICH, ESQ., ALEXANDRA WARREN, ESQ., AND CHARLES LADUCA, ESQ. Pro Hac Vice on behalf of the plaintiffs. Signed by Judge Tonianne J. Bongiovanni on 12/26/06. (ck, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

Pro Hac Vice fee: $ 300, receipt number 305485 received for Alexandra C. Warren, Esq. and Charles LaDuca, Esq. (lk) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

13

Substitution of Attorney − Attorney GREGORY J. GIORDANO and GREGORY J. GIORDANO for JOHN A. KEMLER and JOHN J. MCEWAN added. Attorney SARAH G. CROWLEY terminated.. (GIORDANO, GREGORY) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 12/13/2006. Status Telephone Conference set for 3/1/2007 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm) (Entered: 12/18/2006)

Dec. 13, 2006

Dec. 13, 2006

CLERKS OFFICE QUALITY CONTROL MESSAGE − Document 13 SUBSTITUTION OF ATTORNEY submitted by GREGORY GIORDANO, ESQ. on 12/13/06. The DOCKET NUMBER 06−1368 does not match the DOCKET NUMBER 05CV2065 of this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.. (ck, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

14

LETTER ORDER confirming certain deadlines: Telephone Conference set for 3/1/2007 11:00 AM. Motions due by 2/23/2007; Ret'ble 3/5/07. Signed by Judge Tonianne J. Bongiovanni on 12/13/06. (ck, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

15

Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

16

Notice of Request by Pro Hac Vice charles laduca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

17

LETTER ORDER adjourning the Telephone Conference to 3/22/2007 at 03:30 PM. Signed by Judge Tonianne J. Bongiovanni on 2/1/07. (ck, ) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

18

LETTER ORDER adjourning the telephone Conference to 3/9/2007 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 3/2/07. (ck, ) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/9/2007. Status Telephone Conference set for 7/31/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

19

SCHEDULING ORDER: Telephone Conference set for 7/31/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Amended Pleadings due by 5/25/2007. Motions due by 8/24/2007.. Signed by Judge Tonianne J. Bongiovanni on 3/9/07. (ck, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/31/2007. (mm) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

20

ORDER REFERRING CASE to Mediation &STAYING CASE for a period of 60 days.. Signed by Judge Tonianne J. Bongiovanni on 8/1/07. (ck, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

21

MOTION for Leave to Appear Pro Hac Vice − Alexander E. Barnett by TRAFFORD BOISSELLE. (LESSER, SETH) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

22

MOTION for Leave to Appear Pro Hac Vice − Nicholas A. Migliaccio by TRAFFORD BOISSELLE. (LESSER, SETH) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

23

BRIEF in Opposition re 21 MOTION for Leave to Appear Pro Hac Vice − Alexander E. Barnett , 22 MOTION for Leave to Appear Pro Hac Vice − Nicholas A. Migliaccio filed by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD. (GIORDANO, GREGORY) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

24

ORDER granting 21 Motion for Alexander E. Barnett, Esq. Leave to Appear Pro Hac Vice; and granting 22 Motion for Nicholas A. Migliaccio, Esq. Leave to Appear Pro Hac Vice for pltf.. Signed by Judge Tonianne J. Bongiovanni on 8/14/07. (lk) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

25

NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

CLERK'S QUALITY CONTROL MESSAGE: Document 23 Brief in Opposition submitted by Gregory Giordano, Esq. on 8/14/07 did not contain a proper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE BY 8/17/07. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (ck, ) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

Pro Hac Vice fee received by Alexander E. Barnett, Esq. &Nicholas A> Migliaccio, Esq.: $ 300, receipt number 359402 (ck, ) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

26

Letter ORDER directing that the next mediation scheduled with former Judge Rosen is on 11/7/07. Signed by Judge Tonianne J. Bongiovanni on 10/19/07. (ck, ) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

27

ORDER continuing stay. Signed by Judge Tonianne J. Bongiovanni on 11/20/07. (ms) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

28

LETTER ORDER regarding mediation status. Signed by Judge Tonianne J. Bongiovanni on 1/18/08. (lk) (Entered: 01/22/2008)

Jan. 18, 2008

Jan. 18, 2008

29

AFFIDAVIT in Opposition, WITHDRAWAL of Claim, AMENDED ANSWER to, COUNTERCLAIM against TRAFFORD BOISSELLE by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD. (GIORDANO, GREGORY) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

30

Notice of Request by Pro Hac Vice Fran Rudich to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

CLERK'S QUALITY CONTROL MESSAGE: This pertains to document 29 AFFIDAVIT in Opposition, WITHDRAWAL of Claim, AMENDED ANSWER to, COUNTERCLAIM filed on 2/26/08 by GREGORY J. GIORDANO, ESQ. for Defendants. The body of this document appears to only be Answer to the Counterclaim. However, there has never been a Counterclaim filed by any party in this matter. Counsel needs to review this document, determine what it is really supposed to be,, and if necessary resubmit it properly. This message is for informational purposes and will remain on the docket until otherwise directed by the court. (ms) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

Pro Hac Vice fee: for Fran L. Rudich, Esq. $ 150, receipt number 363560 (lk) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

31

SCHEDULING ORDER: Amended Pleadings due by 6/2/2008. Joinder of Parties due by 6/2/2008. Telephone Conference set for 6/9/2008 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/28/09. (lk) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

32

Notice of Request by Pro Hac Vice Fran Rudich to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

33

LETTER ORDER resetting telephone conference for June 10, 2008 at 10:30 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/15/08. (ij, ) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/7/2008. (mm) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

34

ORDER extending stay for 45 days and resetting the 6/10/08 conference to 7/25/08 at 3:00pm. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/2/2008. (tp ) (Entered: 06/04/2008)

June 3, 2008

June 3, 2008

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/25/2008. Status Telephone Conference set for 8/8/2008 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

Reset Hearings: Status Telephone Conference set for 8/7/2008 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

35

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/1/2008. (mm) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/7/2008. It is anticipated that parties will move for preliminary approval settlement by September 15, 2008. (mm) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

36

CONSENT to Jurisdiction by US Magistrate Judge Tonianne J. Bongiovanni. (mmh) (Entered: 10/02/2008)

Oct. 1, 2008

Oct. 1, 2008

37

LETTER ORDER extending time to file motion for preliminary approval until 10/23/2008. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/20/2008. (mmh) (Entered: 10/22/2008)

Oct. 21, 2008

Oct. 21, 2008

38

LETTER ORDER confirming Settlement Conference set for 11/13/2008 09:30 AM in Trenton − Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2008. (mmh) (Entered: 10/28/2008)

Oct. 27, 2008

Oct. 27, 2008

39

MOTION Preliminary Approval of Class Action Settlement by TRAFFORD BOISSELLE. (Attachments: # 1 Declaration of Seth R Lesser In Support of Motion, # 2 Exhibit Exhibit A to Lesser Declaration − Settlement Agreement, # 3 Exhibit Exhibit A to Settlement Agreement − Proposed Claim Form, # 4 Exhibit Exhibit B to Settlement Agreement − Proposed Long Form Notice, # 5 Exhibit Exhibit C to Settlement Agreement − Proposed Final Approval Order, # 6 Exhibit Exhibit D to Settlement Agreement − Proposed Preliminary Approval Order, # 7 Exhibit Exhibit D to Settlement Agreement − Proposed Summary Notice, # 8 Exhibit Exhibit F to Settlement Agreement − Proposed Plan of Distribution, # 9 Exhibit Exhibit B to Lesser Declaration − Attorney Bios and Resumes, # 10 Brief in Support of Motion for Preliminary Approval)(LESSER, SETH) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

Set Deadlines as to 39 MOTION Preliminary Approval of Class Action Settlement. Motion set for 11/13/2008 09:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (lk) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

40

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Preliminary approval hearing held on 11/13/2008. (CD B08#11.) (mm) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

41

ORDER Preliminarily Approving Settlement. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/19/2008. (mmh) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

42

MOTION for Settlement Approval and for Awards of Attorneys Fees and Costs and Incentive Award by TRAFFORD BOISSELLE. (Attachments: # 1 Certification of Seth R Lesser in Support of Motion for Final Approval etc, # 2 Exhibit A to Lesser Certification (Fraga Affidavit), # 3 Exhibit B to Lesser Certification (Plan of Distribution), # 4 Exhibit C to Lesser Certification (Byrd claim form), # 5 Brief in Support of Motion for Final Approval etc, # 6 Text of Proposed Order, # 7 Certificate of Service)(LESSER, SETH) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

Set Deadlines as to 42 MOTION for Settlement Approval and for Awards of Attorneys Fees and Costs and Incentive Award . Motion set for 5/18/2009 before Judge Bongiovanni will be decided on the papers. No appearance required unless notified by the Court. (mmh) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

43

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Final settlement approval hearing held on 4/20/2009. (CD #B09 #4.) (mm) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

44

ORDER granting final approval of class action settlement and judgment. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/20/2009. (mmh) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

***Civil Case Terminated. (mmh) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

45

STIPULATION of DISMISSAL WITH PREJUDICE. (dd, ) (Entered: 06/12/2009)

June 11, 2009

June 11, 2009

46

Letter from Errick L. DOwning. (mmh) (Entered: 06/24/2009)

June 12, 2009

June 12, 2009

47

Letter from Gary Rawlings. (mmh) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

48

Letter from Class Counsel re Letter from Mr Rawlings re 47 Letter. (LESSER, SETH) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

49

Letter from Gary Rawlings. (mmh) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

50

LETTER ORDER directing that Counsel wishing to object to the attached Proposed Order must do so by 7/28/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/6/2010. (mmh) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

51

TEXT ORDER − Status Conference via telephone set for August 9, 2010 at 2:00 PM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiffs counsels responsibility to contact all counsel to set up the conference as well as to initiate the call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/9/2010. (mm) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

Case Details

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have been or will be placed in the custody of Mercer County Jail after being charged with non indictable offenses and were or will be strip searched upon their entry.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mercer County Sheriff Department (Mercer), County

Mercer County (Mercer), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1.8 million

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run