Case: Gamino v. Ventura County

2:02-cv-09785 | U.S. District Court for the Central District of California

Filed Date: Dec. 24, 2002

Clearinghouse coding complete

Case Summary

On December 24, 2002, Plaintiff Gamino filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Central District of California, raising Fourth and Fourteenth Amendment challenges against the Ventura County Sheriff's blanket policy of strip searching all individuals booked into the Ventura County Jail on suspicion of being under the influence of illegal drugs. Defendants answered Plaintiff's complaint by generally denying the allegations. On September 17, 2003, the Dist…

On December 24, 2002, Plaintiff Gamino filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Central District of California, raising Fourth and Fourteenth Amendment challenges against the Ventura County Sheriff's blanket policy of strip searching all individuals booked into the Ventura County Jail on suspicion of being under the influence of illegal drugs. Defendants answered Plaintiff's complaint by generally denying the allegations.

On September 17, 2003, the District Court (Judge Consuelo B. Marshall) entered a stipulated order certifying the case as a class action. The class was defined as consisting of all person who were arrested under Health and Safety Code subsection 11550 and strip searched in Ventura County between December 24, 2001, and March 27, 2003.

This case was a companion case to Way v. County of Ventura (located in this database at JC-CA-40), which challenged the same practice. In Way, the District Court entered summary judgment in favor of the plaintiff, finding that (a) the challenged strip search, conducted pursuant to the County's policy, violated the Fourth Amendment and (b) Defendants were not entitled to qualified immunity. Defendants appealed to the Ninth Circuit.

The District Court in Gamino (Judge Marshall) entered an order providing that the liability in the Gamino case would be ultimately controlled by the appellate outcome in Way. Consequently Judge Marshall removed the Gamino case from the active docket while the Way appeal was pending in the Ninth Circuit.

The Ninth Circuit Court of Appeals handed down its opinion in Way on April 20, 2006. The Ninth Circuit affirmed the District Court's determination that the strip search was unconstitutional, and that the qualified immunity defense was unavailable to Ventura County. The Ninth Circuit determined, however, that the individual defendant deputies were entitled to qualified immunity. Way v. County of Ventura, 445 F.3d 1157 (9th Cir.2006). Certiorari was denied by the Supreme Court. Ventura County v. Way, 127 S.Ct. 665 (2006).

Following the Ninth Circuit's decision in Way, the parties in Gamino engaged in extensive settlement negotiations. They agreed to have the Honorable Edward A. Infante act as the settlement officer and special master. In March 2007, the District Court referred the case to Magistrate Judge Charles F. Eick for settlement purposes. Judge Eick subsequently conducted numerous settlement conferences with the parties.

On July 25, 2008, the parties entered into a settlement agreement, which was approved by the court on February 5, 2009. Under the terms of the settlement, the defendants agreed to pay each of the class representatives $50,000. Tier 1 class plaintiffs were to be paid $250 each, Tier 2 class plaintiffs were to be paid $650 each, Tier 3 class plaintiffs were to be paid $2300 if they were wrongfully searched only once and $3000 if they were searched twice. The defendants also agreed to pay a lump attorney fee sum to the plaintiff class counsel in the amount of $1.4 million. The defendants agreed to pay up to $250,000 in administrative costs for the settlement.

Summary Authors

Kristen Sagar (6/10/2009)

Related Cases

Way v. Ventura County, Central District of California (2001)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4143345/parties/juan-gamino-v-ventura-county/


Judge(s)

Eick, Charles F. (California)

Marshall, Consuelo Bland (California)

Attorneys(s) for Plaintiff

Bell, Earnest C. S. (California)

Litt, Barrett S. (California)

Wisotsky, Alan E. (California)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Judge(s)

Eick, Charles F. (California)

Marshall, Consuelo Bland (California)

Attorneys(s) for Plaintiff

Bell, Earnest C. S. (California)

Litt, Barrett S. (California)

Wisotsky, Alan E. (California)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Documents in the Clearinghouse

Document

2:02-cv-09785

Docket [PACER]

Feb. 10, 2009

Feb. 10, 2009

Docket
15

2:02-cv-09785

Stipulation and Order to Certify Class

Sept. 17, 2003

Sept. 17, 2003

Order/Opinion
80

2:02-cv-09785

Order Denying Plaintiff's Motion for Partial Summary Judgment on the Third Cause of Action

Dec. 13, 2004

Dec. 13, 2004

Order/Opinion
171-2

2:02-cv-09785

Class Action Settlement Agreement

Gamino v. County of Ventura

July 25, 2008

July 25, 2008

Settlement Agreement
185

2:02-cv-09785

Order Awarding Class Counsel Attorneys' Fees and Costs

Gamino v. County of Ventura

Feb. 5, 2009

Feb. 5, 2009

Order/Opinion
186

2:02-cv-09785

Final Approval Order of Class Settlement

Gamino v. County of Ventura

Feb. 5, 2009

Feb. 5, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143345/juan-gamino-v-ventura-county/

Last updated Sept. 2, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) Issued referred to Discovery Jeffrey W. Johnson; Jury Demand (pc) (Entered: 12/30/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
2

NOTICE OF INTERESTED PARTIES filed by plfs Juan Gamino, Kathy Conley, Ed Ferrel (pc) (Entered: 12/30/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
3

DISMISSAL OF PARTIES DESIGNATED BY A FICTITIOUS NAME: Does 11-200 by plaintiff (pj) (Entered: 01/02/2003)

Dec. 24, 2002

Dec. 24, 2002

PACER
4

MINUTES: Counsel are notified that the above-entitled action has been recently assigned to this court. The correct number for this case is now CV02-9758-NM(JWJx) by Judge Nora M. Manella CR: N/A (bp) (Entered: 01/08/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
5

STANDING ORDER: This order controls this case and differs in some respects from the local rules by Judge Nora M. Manella (bp) (Entered: 01/08/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
7

ANSWER filed by defendant Ventura County, defendant Bob Brooks to complaint [1-1]; jury demand (pj) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
8

NOTICE OF INTERESTED PARTIES filed by defendant Ventura County, defendant Bob Brooks (pj) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
6

MINUTES: Scheduling conf set for 9:00 2/24/03 ; Counsel are reminded that their joint status report is to be fld nlt 2/3/03 by Judge Nora M. Manella CR: N/A (pj) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

PACER
9

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 01-5401 CBM (Ex)] Case transferred from Judge Nora M. Manella to Judge Consuelo B. Marshall for all further proceedings., Case referred from Discovery Jeffrey W. Johnson to Discovery Charles F. Eick The case number will now reflect the initials of the transferee Judge [ CV 02-9785 CBM (Ex)] (cc: all counsel) (rn) (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
10

MINUTES: Notice of time change: mandatory status/scheduling conf set for 11:00 2/24/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 01/30/2003)

Jan. 29, 2003

Jan. 29, 2003

PACER
11

JOINT RULE 26 DISCOVERY PLAN filed; est length of trial 10 days (twdb) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
12

ORDER by Judge Consuelo B. Marshall mandatory status/scheduling conference held ; exeprt discovery cutoff 9/30/03; discovery ddl on 8/30/03 ; dispositive motion filing ddl set on 10:00 11/24/03 ; Pretrial Conference set for 2:30 1/5/04;trial set on 10:00 2/10/04, and discovery is stayed until 4/8/03 (lc) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

PACER
20

OPPOSITION by Ventura County, Bob Brooks to motion to determine Class Size based on the Statute of Limitations [13-1] (lc) (Entered: 10/02/2003)

Sept. 1, 2003

Sept. 1, 2003

PACER
13

NOTICE OF MOTION AND MOTION by plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel to determine Class Size based on the Statute of Limitations ; motion hearing set for 9:00 10/6/03 (ir) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
14

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering Notice of Motion to determine method of notification for class members submitted by plaintiff Juan Gamino received on 9/15/03 is not to be fld but instead rejected; Denial based on: no written notice in the text (shb) (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

PACER
15

STIPULATION and ORDER by Judge Consuelo B. Marshall certifying as class action (ir) (Entered: 09/22/2003)

Sept. 17, 2003

Sept. 17, 2003

Clearinghouse
16

STIPULATION and ORDER by Judge Consuelo B. Marshall Discovery cut-off extended from 8/30/03 to 10/31/03 (ir) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

PACER
17

OPPOSITION by defendants Ventura County, Bob Brooks to motion to determine Class Size based on the Statute of Limitations [13-1] (rl) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

PACER
18

MINUTES: Notice and order hearing on plaintiff's motion to determine class size based on the statute of limitations [13-1] 10:00 10/6/03 has been transferred to calendar of Judge Harry L Hupp for disposition; case assignment is not affected and continues assigned to Judge Consuelo B Marshall; Judge Hupp issues a tentative, counsel are advised to arrive at least 20-30 minutes earlier to review it before the judge takes the bench by Judge Harry L. Hupp CR: none (lc) (Entered: 09/25/2003)

Sept. 24, 2003

Sept. 24, 2003

RECAP
19

REPLY by plaintiffs to Defendants' opposition to motion to determine Class Size based on the Statute of Limitations [13-1] (ir) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
21

STATUS of litigation re ninth circuit court of appeal by plaintiff (lc) (Entered: 10/02/2003)

Oct. 1, 2003

Oct. 1, 2003

PACER
22

MINUTES: Motion to determine Class Size based on the Statute of Limitations [13-1]; It is determined that the class in this action is all person who were arrested under Health and Safety Code subsection 11550 and strip searched in Ventura County between 12/24/01 and 3/27/03 (See document for further details) by Judge Harry L. Hupp CR: Adriana Camelo (ir) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
23

JOINT DISCOVERY STIPULATION filed regarding Defendants' motion for a protective order precluding deposition of Sheriff Bob Brooks (ir) (Entered: 10/17/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
24

REPLY by plaintiffs to Defendants' opposition to motion to determine Class Size based on the Statute of Limitations [13-1] (ir) (Entered: 10/17/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
25

MINUTES: (IN CHAMBERS) Court is in receipt of the "Joint Discovery Stipulation regarding Defendants' motion for a Protective Order precluding Deposition of Sheriff Bob Brooks" filed 10/14/03; Previously noticed 11/6/03 hearing date is vacated; Any party may file a supplemental memorandum on or before 10/31/03; At that time, the Court will take the motin under submission without oral argument unless the Court otherwise orders; Courtesy copies of all supplemental memorandum shall be delivered directly to Room 342 or faxed to 213-894-3335 by Discovery Charles F. Eick CR: N/A (ir) (Entered: 10/17/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
26

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering Reply to defendants opposition to motion to determine method of notification for classmembers submitted by plaintiffs received on 10/14/03 is not to be fld but instead rejected; Denial based on: No copy provided for judge (mch) (Entered: 10/20/2003)

Oct. 16, 2003

Oct. 16, 2003

PACER
27

MINUTES: In chambers: Court takes Defendants' motion for a protective order precluding deposition of Sheriff Bob Brooks under submission; motion is denied [23-1] by Discovery Charles F. Eick CR: none (lc) (Entered: 11/06/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
28

NOTICE OF MOTION AND MOTION by Sheriff Bob Brooks for review and reconsideration of magistrate ruling for protective order ; memorandum; motion hearing set for 10:00 12/15/03 (lc) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
29

MINUTES: Court strikes defendant's motion for review and reconsideration of magistrate ruling for protective order for failure to comply with Local Rule 7-3 [28-1]; if motion refiled, a copy of magistrate judge's ruling should also be submitted at same time by Judge Consuelo B. Marshall CR: none (lc) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

PACER
30

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering notice of motion submitted by plaintiff received on 11/7/03 is not to be fld but instead rejected; Denial based on: 12/8 not available hearing date (lc) (Entered: 11/19/2003)

Nov. 18, 2003

Nov. 18, 2003

PACER
31

NOTICE OF MOTION AND MOTION by plaintiff to determine method of notification for class members motion hearing set for 10:00 12/15/03 (lc) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
32

RENOTICE OF motion to determine method of notification for class members for 12/15/03 10:00 [31-1] filed by plaintiff (lc) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
33

NOTICE OF HEARING OF MOTION AND MOTION by defendants County of Ventura, Sheriff Bob Brooks to stay case pending outcome of the appeal ; motion hearing set for 10:00 1/26/04; memorandum of Points and Authorities; Declaration of Jeffrey Held (ir) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
34

NOTICE OF MOTION AND MOTION by Ventura County, Bob Brooks, for review and reconsideration of magistrate ruling denying motion for protective order ; memorandum; motion hearing set for 10:00 12/15/03 (lc) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
35

RESUBMISSION OF OPPOSITION by Ventura County, Bob Brooks, motion to determine method of notification for class [31-1] (lc) (Entered: 12/04/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
36

Notice of change of hearing to 10:00 1/26/04 re motion to stay case pending outcome of the appeal [33-1] by Ventura County, Bob Brooks (lc) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

PACER
37

MINUTES: due to violation of Local Rule 7-3, lacking written notice or untimely notice: Court continues hearing on Sheriff Brooks motion for review and reconsideration of magistrate ruling denying motion for protective order [34-1] 10:00 1/5/04; oppositiion be filed on or before 12/22/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER
38

OPPOSITION by plaintiff to motion for review and reconsideration of magistrate ruling denying motion for protective order [34-1] (lc) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
39

MINUTES: Court on own motion takes under submission without oral argument defendant Sheriff Bob Brooks'motion for review and reconsideration of magistrate ruling denying motion for protective order as of 1/5/04 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

PACER
40

MINUTES: Court on own motion: Final Pretrial Conference reset for 3:00 2/23/04 ; jury trial reset on 10:00 3/30/04 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

PACER
41

ORDER by Judge Consuelo B. Marshall re plaintiff's motion to determine method of notification for class members [31-1]: plaintiff to provide individual notice to unnmaed class members pursuant to FRCP 23(c)(2); defendants provide contact information; court Stays parties compliance with this order until court rules on defendant's motion for summary judgment in the Way case, CV 01-5401 (lc) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

RECAP
43

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall :, Order by Judge Consuelo B. Marshall DENIES Motion for Review and Reconsideration 34, Motions terminated: 34 Motion for Review and Reconsideration (See order for further details) Court Reporter: none present. (shb, ) (Entered: 01/15/2004)

Jan. 9, 2004

Jan. 9, 2004

RECAP
42

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall: On the Court's own motion, 33 Motion of Defendants County of Ventura & Sheriff Bob Brooks to Stay Case is continued for hearing on 1/29/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (shb, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
44

STIPULATION AND ORDER by Judge Consuelo B. Marshall :IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that the parties agree to have the Pretrial Conference date and the Trial date continued. The Pretrial Conference is continuted to 9/13/2004 at 02:30 PM before Honorable Consuelo B. Marshall. The Trial is continued to 10/12/2004 at 10:00 AM. before Honorable Consuelo B. Marshall. IT IS SO STIPULATED.(yl, ) (Entered: 01/20/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
45

REPLY to Opposition to Defendants' Motion to Stay Proceedings 33 filed by Defendants, Bob Brooks, Ventura County. (shb, ) (Entered: 01/24/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
46

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 12/15/03, Court Reporter: Leandra Amber. (pjap, ) (Entered: 01/26/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
47

MINUTES: Order by Judge Consuelo B. Marshall denying defendants Motion to Stay Case 33 ; defendants to produce to plaitiffs counsel all of the information in 12/31/03 order no later than 3/30/04; Court Reporter: Leandra Amber. (lc, ) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
48

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 01/09/04, Court Reporter: Leandra Amber. (wdc, ) (Entered: 04/01/2004)

March 30, 2004

March 30, 2004

PACER
49

STIPULATION AND ORDER by Judge Consuelo B. Marshall :deeming liability to be controlled by ultimate appellate outcome in companion case (Way v County of Ventura CA 01-5401)(lc, ) (Entered: 04/23/2004)

April 21, 2004

April 21, 2004

PACER
50

NOTICE OF MOTION AND MOTION to Modify Class; memorandum filed by defendants Bob Brooks, Ventura County. Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (lc, ) (Entered: 05/27/2004)

May 19, 2004

May 19, 2004

PACER
52

DECLARATION of defense counsel Jeffrey Held in support of plaintiffs request to continue hearing on motion to modify class 51 filed by Defendants Bob Brooks, Ventura County. (lc, ) (Entered: 06/10/2004)

June 7, 2004

June 7, 2004

PACER
51

STIPULATION AND ORDER by Judge Consuelo B. Marshall : continuing hearing on defendants MOTION to modify class 50 to 7/26/2004 at 10:00 AM (lc, ) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

PACER
53

NOTICE of Continuance of hearing of class modification motion 7/26/0410:00am (pj, ) (Entered: 06/23/2004)

June 16, 2004

June 16, 2004

PACER
55

Notice of Motion and MOTION for approval of Notice of Pendency of class action filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. Motion set for hearing on 7/26/2004 at 10:00 AM before Honorable Consuelo B. Marshall. Lodged Proposed Order.lm ) (Entered: 06/28/2004)

June 21, 2004

June 21, 2004

PACER
54

NOTICE OF DISCREPANCY AND ORDER: by Judge Consuelo B. Marshall, ORDERING Opposition to defendants motion to modify class submitted by Plaintiff Juan Gamino is not to be filed but instead rejected. Denial based on: the attorney did not signed the document.(pj, ) (Entered: 06/25/2004)

June 22, 2004

June 22, 2004

PACER
56

OPPOSITION to defendants MOTION to Modify Class 50 filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (lc, ) (Entered: 06/29/2004)

June 25, 2004

June 25, 2004

PACER
57

OPPOSITION to Plaintiff's MOTION fo approval of Notice of Pendency of class action 55 filed by Defendants Bob Brooks, Ventura County. (shb, ) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

PACER
58

MINUTES: Defendant County of Ventura and Sheriff Bob Brooks motion to modify Class 50 (Filed 5/19/04) and Motion for Approval of Notice of Pendency of Class Action 55 (Filed 6/21/04). Parties are advised that the above listed motions scheduled for hearing on 7/26/04 are taken under submission. Accordingly hearing date is vacated, motions will be deemed submitted as of 7/26/04. Order will issue by Judge Consuelo B. Marshall Court Reporter: Not Present. (ir ) (Entered: 07/14/2004)

July 13, 2004

July 13, 2004

PACER
59

REPLY to opposition to MOTION to Amend/Correct 50 filed by defendants Bob Brooks, Ventura County. (lc, ) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

PACER
60

REPLY to opposition to MOTION fo approval of Notice of Pendency of class action 55 filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (lc, ) (Entered: 07/23/2004)

July 21, 2004

July 21, 2004

PACER
61

MINUTES: Defendants County of Ventura and Sheriff Bob Brooks MOTION to modify Class and for approval of Notice of Pendency of class action 50 55 are set for oral argument on 8/9/2004 at 10:00 AM by Judge Consuelo B. Marshall.Court Reporter: none. (lc, ) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

PACER
62

STIPULATION AND ORDER by Judge Consuelo B. Marshall : Hearings on MOTION to modify class 50 and MOTION fo approval of Notice of Pendency of class action 55 are continued to 8/23/04 10:00; Jury Trial reset for 1/11/2005 10:00 AM (lc, ) (Entered: 08/06/2004)

Aug. 5, 2004

Aug. 5, 2004

PACER
63

MINUTES: The matter before the court is defendants' motion to modify class. A timely opposition and reply were filed. The hearing occurred on August 23, 2004, the Honorable Consuelo B. Marshal presiding. Upon consideration of the papers submitted, defendants' motion is DENIED. Judge Consuelo B. Marshall :Court Reporter: Leandra Amber. (bp, ) (Entered: 09/01/2004)

Aug. 30, 2004

Aug. 30, 2004

RECAP
64

ORDER approving notice of pendency of class action. It is hereby Ordered that: The court has approved the attached notice of pendency of class action and orders plaintiffs to give notice to the class by Judge Consuelo B. Marshall 55 (bp, ) (Entered: 09/02/2004)

Aug. 31, 2004

Aug. 31, 2004

RECAP
65

MINUTES: Pretrial Conference; On Courts own motion, Pretrial Conference is continued to 11/29/2004 02:30 PM by Judge Consuelo B. MarshallCourt Reporter: n/a. (ir ) (Entered: 09/09/2004)

Sept. 7, 2004

Sept. 7, 2004

PACER
66

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 08/23/04, Court Reporter: Leandra Amber. (wdc, ) (Entered: 09/14/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER
67

TRANSCRIPT filed for proceedings held on 08/23/04. Court Reporter: Leandra Amber. (wdc, ) (Entered: 09/14/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER
68

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. Motion set for hearing on 10/18/2004 at 10:00 AM before Honorable Consuelo B. Marshall. Lodged order, statement. (lc, ) (Entered: 09/15/2004)

Sept. 13, 2004

Sept. 13, 2004

PACER
69

MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION for Partial Summary Judgment 68 filed by defendants Bob Brooks, Ventura County. (pj, ) (Entered: 10/08/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
70

STATEMENT of GENUINE ISSUES OF MATERIAL FACT 68 filed by Defendants Bob Brooks, Ventura County. (pj, ) (Entered: 10/08/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
71

MINUTES OF Order by Judge Consuelo B. Marshall: On the Courts own motion Plaintiffs MOTION for Partial Summary Judgment 68 is submitted without oral argument as of 10/18/04. Court Reporter: N/A. (mch, ) (Entered: 10/14/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
72

REPLY BRIEF to Opposition to MOTION for Partial Summary Judgment 68 filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (mch, ) (Entered: 10/20/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
73

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall :, On the COurt's own motion, as to 68 MOTION for Partial Summary Judgment. Motion reset for hearing on 11/15/2004 at 10:00 AM before Honorable Consuelo B. Marshall.Court Reporter: N/A. (shb, ) (Entered: 10/26/2004)

Oct. 22, 2004

Oct. 22, 2004

PACER
74

DECLARATION of Earnest C. S. Bell re Proof of Service of Pendency of Class Action filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (shb, ) (Entered: 11/02/2004)

Oct. 28, 2004

Oct. 28, 2004

PACER
79

MINUTES: Plaintiffs Motion for Partial Summary Judgment 68 hearing held before Judge Consuelo B. Marshall. Arguments held, plaintiffs Motion for Partial Summary Judgment is submitted without further oral argument 68 . Court Reporter: Leandra Amber. (nhac, ) (Entered: 12/06/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
75

STIPULATION AND ORDER by Judge Consuelo B. Marshall that the Pretrial Conference date is continued to 3/7/05 at 2:30 PM and the Trial date is continued to 4/26/05 at 10:00 AM.(nhac, ) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
76

MINUTES OF PROCEEDINGS: On the Courts own motion, Pretrial Conference is continued to 1/10/2005 03:00 PM before Honorable Consuelo B. Marshall.Court Reporter: None Appearing. (el, ) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
77

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/15/04 Court Reporter: Leandra Amber. (weap, ) (Entered: 11/30/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
78

TRANSCRIPT filed for proceedings held on 11/15/04. Court Reporter: Leandra Amber. (weap, ) (Entered: 11/30/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
80

ORDER by Judge Consuelo B. Marshall : DENYING 68 Motion for Partial Summary Judgment as to Plaintiffs Third Cause of Action for Violation of California Civil Code Section 52.1 and Section 52. In addition, the Court DENIES Plaintiffs request for a finding that the number of class members totals 4989. (el, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

Clearinghouse
81

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall : that on the Courts own motion, the Minute Order issued on 11/24/2004 76, is Vacated and Set Aside. Court Reporter: None Appearing. (el, ) (Entered: 12/21/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
82

Plaintiff's MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel. (shb, ) (Entered: 02/17/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
83

NOTICE OF MOTION AND MOTION IN LIMINE #1 Excluding any and all evidence or testimony of Sargent Ferguson filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel.(shb, ) (Entered: 02/17/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
84

NOTICE OF MOTION AND MOTION IN LIMINE #2 to Excluding any and all evidence or testimony of convictions of being under the influence after being strip searched filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel.(shb, ) (Entered: 02/17/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
85

JOINT Witness List designation of witnesses to be called at trial filed by plaintiffs (mg, ) (Entered: 02/18/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
86

JOINT Exhibit List filed by plaintiffs (mg, ) (Entered: 02/18/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
87

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall: On the Court's own motion, Plaintiff's MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83, MOTION IN LIMINE #2 to Exclude any and all evidence or testimony of convictions of being under the influence after being strip searched 84 are submitted without oral argument as of March 21, 2005, Oppositions shall be filed on or before March 7, 2005, Replies, if any shall be filed on or before March 14, 2005.Court Reporter: n/a. (shb, ) (Entered: 03/01/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
88

MINUTES OF Pretrial Conference held before Judge Consuelo B. Marshall: Pre trial conference is continued to 3/28/05 at 2:30.Court Reporter: n/a. (pg, ) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

PACER
89

OPPOSITION to MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Defendant Ventura County and Bob Brooks. (yl, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

PACER
90

MEMORANDUM Of Contentions of Fact and Law re MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Defendants Ventura County, Bob Brooks. (yl, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

PACER
92

NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class filed by Plaintiffs and the Class Juan Gamino, Kathy Conley and Ed Ferrel. Motion set for hearing on 3/28/2005 at 02:30 PM before Honorable Consuelo B. Marshall.(yl, ) (Entered: 03/08/2005)

March 4, 2005

March 4, 2005

PACER
91

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall : Plaintiff's Motion in Limine #3 is submitted without oral argument as of 3/28/2005. Opposition to the Motion shall be filed on or before 3/14/2005, Reply, if any, shall be filed on or before 3/21/2005. (yl, ) (Entered: 03/08/2005)

March 7, 2005

March 7, 2005

PACER
93

OPPOSITION to plaintiffs MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class 92 filed by defendants Ventura County, Bob Brooks. (pj, ) (Entered: 03/16/2005)

March 11, 2005

March 11, 2005

PACER
94

REPLY TO DEFENDANTS OPPOSITION TO MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Plaintiffs Juan Gamino, Kathy Conley. (pj, ) (Entered: 03/17/2005)

March 14, 2005

March 14, 2005

PACER
96

REPLY to opposition to MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class 92 filed by plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel. (jag, ) (Entered: 03/24/2005)

March 21, 2005

March 21, 2005

PACER
95

MINUTES by Judge Consuelo B. Marshall: Pretrial conference is continued to 4/11/05 at 3:00pm. Court Reporter: n/a. (jag, ) (Entered: 03/24/2005)

March 23, 2005

March 23, 2005

PACER
97

MINUTES by Judge Consuelo B. Marshall; Pretrial conference is CONTINUED to 5/23/05 at 3:00pm.Court Reporter: n/a. (jag, ) (Entered: 04/07/2005)

April 6, 2005

April 6, 2005

PACER
98

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall :The Jury Trial in the above mentioned matter is continued to 6/14/2005 at 10:00 AM before Honorable Consuelo B. Marshall. IT IS SO ORDERED. (yl, ) (Entered: 04/20/2005)

April 19, 2005

April 19, 2005

PACER
99

MINUTES before Judge Consuelo B. Marshall: Pretrial Conference. On the Court own motion, Pretrial Conference is CONTINUED to June 27, 2005 at 03:00 PM. Court Reporter: Not Appearanced. (jp, ) (Entered: 05/19/2005)

May 18, 2005

May 18, 2005

PACER
100

MINUTES before Judge Consuelo B. Marshall: Upon consideration of the papers submitted, Plaintiffs MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 is GRANTED. IT IS SO ORDERED. Court Reporter: None present. (jp, ) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Dec. 24, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were arrested under Health and Safety Code subsection 11550 and strip searched in Ventura County between 12/24/01 and 3/27/03.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ventura County (Ventura), County

Ventura County Sheriff's Department (Ventura), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run