Case: Graff v. County of Salem

1:07-cv-02259 | U.S. District Court for the District of New Jersey

Filed Date: May 14, 2007

Clearinghouse coding complete

Case Summary

On May 14, 2007, two individuals who had been arrested on minor charges filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the District of New Jersey, challenging the Salem County Correctional Department's policy and practice of strip searching all detainees regardless of the nature of their charged crime and regardless of the absence of reasonable suspicion to believe the detainees were concealing weapons or contraband. Plaintiffs, represented by private counsel, alleged that this policy and practice violated the Fourth Amendment to the U.S. Constitution. They requested monetary damages, declaratory and injunctive relief, and certification of a class consisting of individuals who were strip searched at the Correctional Department after being detained non-indictable offenses

At the time of this summary, the case was still active, and no substantive motions were pending before the court.

Summary Authors

Dan Dalton (2/11/2008)

People


Judge(s)

Bumb, Renee Marie (New Jersey)

Schneider, Joel (New Jersey)

Williams, Karen McGlashan (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)

Riback, William A. (New Jersey)

Rudich, Fran L. (New York)

Warren, Alexandra C. (District of Columbia)

Judge(s)

Bumb, Renee Marie (New Jersey)

Schneider, Joel (New Jersey)

Williams, Karen McGlashan (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)

Riback, William A. (New Jersey)

Rudich, Fran L. (New York)

Warren, Alexandra C. (District of Columbia)

Attorneys(s) for Defendant

Briddell, Dawnn Elayne (New Jersey)

Lomax, Gregory A (New Jersey)

Sakach, Catherine L. (New Jersey)

Voyles, E. Elaine (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

May 19, 2009 Docket
1

Class Action Complaint

May 14, 2007 Complaint
22

Amended Class Action Complaint

Clark v. County of Salem

Sept. 28, 2007 Complaint
42

Notice of Motion

Clark v. County of Salem

Dec. 30, 2008 Notice Letter
49

Order Granting Final Approval of Class Action Settlement and Judgment

Clark v. County of Salem

May 7, 2009 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER ( Filing fee $ 350 receipt number 1477718.) JURY DEMAND, filed by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 Civil Cover Sheet)(TH, ) (Entered: 05/16/2007)

May 14, 2007
2

Summons Issued as to COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER.Days Due − 20. (TH, ) (Entered: 05/16/2007)

May 16, 2007
3

NOTICE of Appearance by SETH R. LESSER on behalf of ARTHUR P. GRAFF, DANA CLARK (LESSER, SETH) (Entered: 05/18/2007)

May 18, 2007
4

SUMMONS Returned Executed by ARTHUR P. GRAFF, DANA CLARK. COUNTY OF SALEM served on 5/18/2007, answer due 6/7/2007; RAYMOND C. SKRADZINSKI served on 5/18/2007, answer due 6/7/2007; CHARLES MILLER served on 5/18/2007, answer due 6/7/2007. (RIBACK, WILLIAM) (Entered: 06/11/2007)

June 11, 2007
5

MOTION for Leave to Appear Pro Hac Vice by ARTHUR P. GRAFF, DANA CLARK. (LESSER, SETH) (Entered: 06/13/2007)

June 13, 2007

Setting Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice. Motion returnable date set for 7/20/2007 before Magistrate Judge Joel Schneider. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/14/2007)

June 14, 2007
6

MOTION for Leave to Appear Pro Hac Vice Jonathan W. Cuneo by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Jonathan W. Cuneo# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

June 15, 2007
7

MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Charles J. LaDuca# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

June 15, 2007
8

MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Alexandra C. Warren# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

June 15, 2007

CLERK'S QUALITY CONTROL MESSAGE: The Certifications of Jonathan W. Cuneo, Charles L. LaDuca, and Alexandra C. Warren submitted with the Motions for Pro Hac Vice admission, documents 6, 7, and 8 did not contain proper signatures. Only the attorney electronically filng documents are permitted to sign documents using the s/, all other signatures must be scanned. PLEASE RESUBMIT THE CERTIFICATIONS WITHIN 3 BUSINESS DAYS WITH THE PROPER SIGNATURES. (sb) (Entered: 06/18/2007)

June 18, 2007

Setting Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren , 6 MOTION for Leave to Appear Pro Hac Vice Jonathan W. Cuneo , 7 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca . Motion returnable date set for 7/20/2007 before Magistrate Judge Joel Schneider. PLEASE BE ADVISED THAT THESE MOTIONS WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/18/2007)

June 18, 2007
9

AMENDED DOCUMENT by ARTHUR P. GRAFF, DANA CLARK. Amendment to 8 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren Amended Certification . (RIBACK, WILLIAM) (Entered: 06/20/2007)

June 20, 2007
10

AMENDED DOCUMENT by ARTHUR P. GRAFF, DANA CLARK. Amendment to 7 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca Amended Certification . (RIBACK, WILLIAM) (Entered: 06/20/2007)

June 20, 2007
11

STIPULATED ORDER accepting service of process and extending time to respond to the complaint. Signed by Judge Joel Schneider on 7/9/07. (sb) (Entered: 07/09/2007)

July 9, 2007
12

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Order directing attorney admitted pro hac vice to make payment of $150, made payable to Clerk, U.S. District Court. Signed by Judge Joel Schneider on 7/13/07. (sb) (Entered: 07/13/2007)

July 13, 2007
13

Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 07/16/2007)

July 16, 2007
14

Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 07/16/2007)

July 16, 2007
15

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice; granting 7 Motion for Leave to Appear Pro Hac Vice; granting 8 Motion for Leave to Appear Pro Hac Vice. ORDERED that the attorneys admitted pro hac vice are directed to make payment of $150 each, made payable to Clerk, U.S. District Court. Signed by Judge Joel Schneider on 7/16/07. (sb) (Entered: 07/16/2007)

July 16, 2007
16

Substitution of Attorney − Attorney CATHERINE L. SAKACH and CATHERINE L. SAKACH for COUNTY OF SALEM and RAYMOND C. SKRADZINSKI added. Attorney E. ELAINE VOYLES terminated.. (Attachments: # 1 Certificate of Service)(SAKACH, CATHERINE) Additional attachment(s) added on 8/1/2007 (sb, ). (Entered: 07/30/2007)

July 30, 2007
17

MOTION to Dismiss by COUNTY OF SALEM. (Attachments: # 1 Supplement Notice of Motion# 2 Certificate of Service)(BRIDDELL, DAWNN) Additional attachment(s) added on 8/8/2007 (sb, ). (Entered: 08/07/2007)

Aug. 7, 2007

Setting Deadlines as to 17 MOTION to Dismiss. Motion Hearing set for 9/7/2007 before Judge Renee Marie Bumb. (Please be advised the motion will be decided on the papers unless otherwise notified by the court) (gn, ) (Entered: 08/24/2007)

Aug. 7, 2007
18

MOTION to extend the briefing schedule under L.R. 7.1 by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 Certification William Riback# 2 Text of Proposed Order # 3 Certificate of Service)(RIBACK, WILLIAM) (Entered: 08/23/2007)

Aug. 23, 2007

Setting Deadlines as to 18 MOTION to extend the briefing schedule under L.R. 7.1. Motion returnable for 9/21/2007 before Magistrate Judge Joel Schneider.(Please be advised the motion will be decided on the papers unless otherwise notified by the court) (gn) (Entered: 08/24/2007)

Aug. 23, 2007
19

ORDER granting 18 Motion to extend the briefing schedule. ORDERED that the plaintiff's shall file opposition papers on or before September 28, 2007. Signed by Judge Renee Marie Bumb on 8/23/07. (sb) (Entered: 08/27/2007)

Aug. 23, 2007

Pro Hac Vice fee recv'd as to Charles J. LaDuca, Esq.: $ 150, receipt number 306681 (sb) (Entered: 08/28/2007)

Aug. 27, 2007

Pro Hac Vice fee recv'd as to Alexandra C. Warren, Esq.: $ 150, receipt number 306682 (sb) (Entered: 08/28/2007)

Aug. 27, 2007
20

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 09/11/2007)

Sept. 11, 2007
22

AMENDED COMPLAINT Files As of Right against all defendants all defendants., filed by DANA CLARK.(KEACH, ELMER) (Entered: 09/28/2007)

Sept. 28, 2007
23

STATUS REPORT Regarding Filing of Amended Complaint by DANA CLARK. (KEACH, ELMER) (Entered: 09/28/2007)

Sept. 28, 2007
24

ORDER setting Initial Scheduling Conference for 11/14/2007 11:30 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 10/1/07. (sb) (Entered: 10/01/2007)

Oct. 1, 2007
25

ORDER denying as moot 17 Motion to Dismiss. Signed by Judge Renee Marie Bumb on 10/2/07. (sb) (Entered: 10/02/2007)

Oct. 2, 2007
26

Answer to Amended Complaint by all defendants ANSWER to Amended Complaint by COUNTY OF SALEM.(BRIDDELL, DAWNN) (Entered: 10/09/2007)

Oct. 9, 2007

CLERK'S QUALITY CONTROL MESSAGE: The Answer to Amended Complaint, document number 26, submitted by D. BRIDDELL on 10/9/07 did not contain a proper signature. ONLY THE ATTORNEY ELECTRONICALLY FILING DOCUMENTS ARE PERMITTED TO SIGN DOCUMENTS USING THE S/, ALL OTHER SIGNATURES MUST BE SCANNED. PLEASE RESUBMIT THE DOCUMENT WITHIN 3 BUSINESS DAYS WITH THE PROPER ELECTRONIC OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the Court. (sb) (Entered: 10/10/2007)

Oct. 10, 2007
27

First (and Defenses) ANSWER to Amended Complaint by COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER, SALEM COUNTY SHERIFF'S DEPARTMENT.(LOMAX, GREGORY) (Entered: 10/10/2007)

Oct. 10, 2007
28

Letter from Seth R. Lesser Re− Mediation and Status Conference. (LESSER, SETH) (Entered: 11/12/2007)

Nov. 12, 2007

Minute Entry for proceedings held before Judge Joel Schneider : Scheduling Conference held on 11/14/2007. (bb, ) (Entered: 11/15/2007)

Nov. 14, 2007
29

Letter from Seth R. Lesser Re− Mediation Date. (LESSER, SETH) (Entered: 12/07/2007)

Dec. 7, 2007
30

SCHEDULING ORDER: All proceedings in the case are stayed pending the results of the parties' mediation on January 24, 2008 before the Hon. Joel B. Rosen, Retired. Signed by Judge Joel Schneider on 12/7/07. (sb) (Entered: 12/10/2007)

Dec. 7, 2007
31

Letter from Seth R. Lesser. (LESSER, SETH) (Entered: 01/04/2008)

Jan. 4, 2008
32

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 3/14/2007 09:00 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 1/7/08. (sb) (Entered: 01/07/2008)

Jan. 7, 2008

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 3/14/2008. (bb, ) (Entered: 03/17/2008)

March 14, 2008
33

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 6/12/2008 09:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 3/17/08. (sb) (Entered: 03/17/2008)

March 17, 2008
34

Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 04/22/2008)

April 22, 2008
35

Notice of Request by Pro Hac Vice Alexandra C. Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 04/22/2008)

April 22, 2008
36

SCHEDULING ORDER: Telephone/Status Conference set for 8/15/2008 10:30 AM before Magistrate Judge Joel Schneider.. Signed by Magistrate Judge Joel Schneider on 6/11/08. (jm1, ) (Entered: 06/12/2008)

June 11, 2008
37

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

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 8/15/2008. (bb) (Entered: 08/18/2008)

Aug. 15, 2008
38

AMENSCHEDULING ORDER: Telephone/Status Conference set for 9/18/2008 10:30 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 8/18/08. (jm1, ) (Entered: 08/18/2008)

Aug. 18, 2008
39

AMENDED SCHEDULING ORDER: Parties shall file their Motion for Preliminary Settlement approval by 11/18/2008. Signed by Magistrate Judge Joel Schneider on 9/18/2008. (tp ) (Entered: 09/18/2008)

Sept. 18, 2008

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 9/18/2008. (sk) (Entered: 09/19/2008)

Sept. 18, 2008
40

LETTER ORDER, Re: Request until 12/18/2008 to file the motion for preliminary approval. Signed by Magistrate Judge Joel Schneider on 11/18/2008. (nf, ) (Entered: 11/24/2008)

Nov. 18, 2008
41

LETTER ORDER, Re: Preliminary Motion deadline extended to 12/30/2008. Signed by Magistrate Judge Joel Schneider on 12/18/2008. (nf, ) (Entered: 12/30/2008)

Dec. 18, 2008
42

MOTION to Certify Class for Preliminary Approval of Class Action Settlement and , MOTION for Settlement Preliminary Approval by DANA CLARK. (Attachments: # 1 Brief in Support of Preliminary Approval and other relief, # 2 Declaration of Seth R. Lesser in support of motion for preliminary approval and other relief, # 3 Exhibit 1 to Lesser Declaration (Settlement Agreement), # 4 Exhibit A to Settlement Agreement (Claim Form), # 5 Exhibit B to Settlement Agreement (Long Form Notice), # 6 Exhibit C to Settlement Agreement (Proposed Final Order), # 7 Exhibit D to Settlement Agreement (Proposed Preliminary Approval Order), # 8 Exhibit E to Settlement Agreement (Short Form Notice), # 9 Exhibit F to Settlement Agreement (Plan of Distribution), # 10 Exhibit 2 to Lesser Declaration (Firm Resumes), # 11 Certificate of Service)(LESSER, SETH) (Entered: 12/30/2008)

Dec. 30, 2008
43

NOTICE by DANA CLARK re 42 MOTION to Certify Class for Preliminary Approval of Class Action Settlement and MOTION for Settlement Preliminary Approval of filing of copy of Settlement Agreement signed by both counsel for all parties (LESSER, SETH) (Entered: 12/30/2008)

Dec. 30, 2008

Set Deadlines as to 42 MOTION to Certify Class for Preliminary Approval of Class Action Settlement and MOTION for Settlement Preliminary Approval . Motion set for 2/2/2009 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (nf, ) (Entered: 01/06/2009)

Jan. 6, 2009
44

ORDER PRELIMINARILY APPROVING SETTLEMENT. Signed by Judge Renee Marie Bumb on 2/27/2009. (nf, ) (Entered: 02/27/2009)

Feb. 27, 2009

Per document # 44 Final Approval Hearing scheduled for 4/21/2009 at 10:00am. (nf, ) (Entered: 03/05/2009)

March 5, 2009
45

Letter from Plaintiffs' counsel requesting amendment to date for final approval hearing. (LESSER, SETH) (Entered: 03/05/2009)

March 5, 2009
46

ORDER Amending Preliminary Approval Order In Order to Set New Date for Final Approval Hearing. Courts prior order is amended so that the final approval hearing will be held on 5/7/2009 at 10:30am.. Signed by Judge Renee Marie Bumb on 3/5/2009. (nf, ) (Entered: 03/06/2009)

March 5, 2009
47

MOTION for Settlement Approval of Class Action Settlement and for other relief by DANA CLARK. (Attachments: # 1 Brief in Support of Motion for Final Approval, etc., # 2 Certification of Seth R Lesser in Support of Motion for Final Approval etc, # 3 Exhibit A to Lesser Certification (Fraga Affidavit), # 4 Exhibit B to Leseser Certification (website), # 5 Exhibit C to Lesser Certification (Plan of Distribution), # 6 Text of Proposed Order, # 7 Certificate of Service)(LESSER, SETH) (Entered: 04/30/2009)

April 30, 2009

Set Deadlines as to 47 MOTION for Settlement Approval of Class Action Settlement and for other relief . Motion set for 5/7/2009 10:30 AM before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, ) (Entered: 05/01/2009)

May 1, 2009
48

Minute Entry for proceedings held before Judge Renee Marie Bumb: Motion Hearing held on 5/7/2009. Hearing on 47 MOTION for Settlement Approval of Class Action Settlement and for other relief filed by DANA CLARK. Ordered motion granted. Order to be entered. (Court Reporter Ted Formaroli) (ar1) (Entered: 05/07/2009)

May 7, 2009
49

ORDER granting 47 Motion for Settlement. Signed by Judge Renee Marie Bumb on 5/7/2009. (nf, ) (Entered: 05/07/2009)

May 7, 2009

***Civil Case Terminated. (nf, ) (Entered: 05/07/2009)

May 7, 2009

Magistrate Judge Karen M. Williams added. Magistrate Judge Joel Schneider no longer assigned to case. (nf, ) (Entered: 05/19/2009)

May 19, 2009

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 14, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

[Proposed class] All persons who have been placed into custody of the Salem County Correctional Department after being charged with non-indictable offenses and were srip-searched upon their transfer and entry into the Salem County Correctional Department.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County of Salem (Salem), County

Salem County Correctional Facility (Salem), 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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run