Case: Suon v. County of Alameda

3:07-cv-01770 | U.S. District Court for the Northern District of California

Filed Date: March 28, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On March 28, 2007, juvenile prisoners of the Alameda County Juvenile Hall filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California, challenging the policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Hall. The named plaintiffs were all juveniles who alleged that they were arrested for petty offenses and then repeatedly subjected to strip searches and/or visu…

On March 28, 2007, juvenile prisoners of the Alameda County Juvenile Hall filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California, challenging the policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Hall. The named plaintiffs were all juveniles who alleged that they were arrested for petty offenses and then repeatedly subjected to strip searches and/or visual body cavity searches. The searches were allegedly performed pursuant to the official Alameda County Juvenile Hall policy, in which officers routinely subjected detainees in their custody to strip and visual body cavity searches before they were arraigned and without having any reasonable suspicion that the juveniles possessed contraband or weapons. That strip search policy, plaintiffs alleged, violated the Fourth and Fourteenth Amendments and California state law. Plaintiffs sought declaratory and injunctive relief, monetary damages, and class certification. The County and the other individually named defendants filed answer generally denying all allegations.

On August 22, 2008, the Court (Judge Maxine M. Chesney) approved a preliminary order granting class certification and approving of the parties' Consent Decree. In the Consent Decree, the Defendant agreed to revise its strip search policy to be in compliance with state and federal law, and to pay damages of up to $4,286,660 to the Plaintiff Class who choose to file claims for damages. The Defendant also agreed to pay $1,000,000 in attorneys fees and up to $250,000 for costs associated with the litigation.

The Court officially entered judgment on February 27, 2009 and dismissed the case with prejudice.

Summary Authors

Joshua Arocho (6/27/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5818961/parties/suon-v-county-of-alameda/


Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Williams, Cathleen A. (California)

Attorneys(s) for Defendant

Rockwell, Gregory James (California)

Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Williams, Cathleen A. (California)

Attorneys(s) for Defendant

Rockwell, Gregory James (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Suon et al v. County of Alameda et al

Feb. 27, 2009 Docket
1

Class Action Complaint

Suon v. County of Almeda

March 28, 2007 Complaint
17

Joint Case Management Statement

Suon v. County of Almeda

July 17, 2007 Pleading / Motion / Brief
30

Order for Preliminary Approval of Settlement of Class Action

Aug. 28, 2008 Order/Opinion
37

Order and Judgment of Dismissal

Feb. 27, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5818961/suon-v-county-of-alameda/

Last updated May 20, 2022, 1:24 a.m.

ECF Number Description Date Link
22

ORDER CONTINUING MEDIATION DEADLINE AND CASE MANAGEMENT CONFERENCE. The deadline for completion of private mediation is continued from April 16, 2008 to June 30, 2008. The Case Management Conference is continued from May 30, 2008 to August 22, 2008; a Joint Case Management Statement shall be filed no later than August 15, 2008. Signed by Judge Maxine M. Chesney on February 19, 2008. (mmclc1, COURT STAFF) (Filed on 2/19/2008)

Feb. 19, 2008 RECAP
1

CLASS ACTION COMPLAINT; summons issued against Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, County of Alameda, Alameda County Probation Department (Filing fee $ 350,receipt number 34611004612). Filed by Lisa Suon, Jeffrey Pay, Andy Mean. (slh, COURT STAFF) (Filed on 3/28/2007) Additional attachment(s) added on 3/30/2007 (slh, COURT STAFF). (Entered: 03/29/2007)

March 28, 2007
26

ORDER GRANTING STIPULATED REQUEST TO VACATE CASE MANAGEMENT CONFERENCE. The August 22, 2008 Case Management Conference is vacated. The motion for preliminary approval remains as scheduled for August 22, 2008. Signed by Judge Maxine M. Chesney on August 18, 2008. (mmclc1, COURT STAFF) (Filed on 8/18/2008)

Aug. 18, 2008 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 7/5/2007. Case Management Conference set for 7/11/2007 01:30 PM. (Attachments: # 1 EMC Standing Order; # 2 CM Standing Order)(slh, COURT STAFF) (Filed on 3/28/2007) (Entered: 03/29/2007)

March 28, 2007
30

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION. Signed by Judge Maxine M. Chesney on August 28, 2008. (mmclc1, COURT STAFF) (Filed on 8/28/2008)

Aug. 28, 2008 RECAP

CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 3/28/2007) (Entered: 03/29/2007)

March 28, 2007
3

SUMMONS Returned Executed by Lisa Suon, Jeffrey Pay, Andy Mean. Alameda County Chief Probation Officer Donald H. Blevins served on 4/25/2007, answer due 5/15/2007; Alameda County Assistant Chief Probation Officer Sheila L. Foster served on 4/25/2007, answer due 5/15/2007; Alameda County Assistant Chief Probation Officer Richard A. Muench served on 4/25/2007, answer due 5/15/2007; Alameda County Deputy Chief of Juvenile Facilities William E. Fenton served on 4/25/2007, answer due 5/15/2007; County of Alameda served on 4/25/2007, answer due 5/15/2007; Alameda County Probation Department served on 4/25/2007, answer due 5/15/2007. (Merin, Mark) (Filed on 5/10/2007) (Entered: 05/10/2007)

May 10, 2007
31

PROTECTIVE ORDER FOR DISCLOSURE OF RECORDS AND INFORMATION. Signed by Judge Maxine M. Chesney on August 28, 2008. (mmclc1, COURT STAFF) (Filed on 8/28/2008)

Aug. 28, 2008 RECAP
37

ORDER AND JUDGMENT OF DISMISSAL. Signed by Judge Maxine M. Chesney on February 27, 2009. (mmclc1, COURT STAFF) (Filed on 2/27/2009)

Feb. 27, 2009 RECAP
4

ANSWER to Complaint with Jury Demand byAlameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, County of Alameda, Alameda County Probation Department. (Rockwell, Gregory) (Filed on 5/11/2007) (Entered: 05/11/2007)

May 11, 2007
5

First Declination to Proceed Before a U.S. Magistrate Judge by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, County of Alameda, Alameda County Probation Department. (Rockwell, Gregory) (Filed on 5/11/2007) (Entered: 05/11/2007)

May 11, 2007
6

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 5/15/2007) (Entered: 05/15/2007)

May 15, 2007
7

ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Edward M. Chen no longer assigned to the case. Signed by Executive Committee on 5/16/07. (ha, COURT STAFF) (Filed on 5/16/2007) (Entered: 05/16/2007)

May 16, 2007
8

CLERK'S NOTICE − Case Management Conference in reassigned case set for 7/17/2007 02:00 PM before Hon. Martin J. Jenkins, Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 7/10/2007. (epb, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007
9

ADR Clerks Notice re: Non−Compliance with Court Order. (tjs, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

June 27, 2007
10

ORDER OF RECUSAL. Case to be reassigned. All pending dates vacated and to be reset by newly assigned judge. Signed by Judge Martin J. Jenkins on 6/26/07. (epb, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

June 27, 2007
11

ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Martin J. Jenkins no longer assigned to the case. Signed by Executive Committee on 06/27/07. (mab, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

June 27, 2007
12

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 7/20/2007. Case Management Conference set for 7/27/2007 10:30 AM.. Signed by Judge Maxine M. Chesney on 2/27/2007. (Attachments: # 1 Standing Orders)(tl, COURT STAFF) (Filed on 7/2/2007) (Entered: 07/02/2007)

July 2, 2007
13

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Rockwell, Gregory) (Filed on 7/3/2007) (Entered: 07/03/2007)

July 3, 2007
14

CERTIFICATE OF SERVICE by Lisa Suon, Jeffrey Pay, Andy Mean re 12 Terminate Deadlines and Hearings,, Case Management Scheduling Order, (Merin, Mark) (Filed on 7/3/2007) (Entered: 07/03/2007)

July 3, 2007
15

STIPULATION and Proposed Order selecting Private ADR by Lisa Suon, Jeffrey Pay, Andy Mean (Merin, Mark) (Filed on 7/3/2007) (Entered: 07/03/2007)

July 3, 2007
16

ORDER REFERRING CASE TO PRIVATE ADR. The deadline to complete mediation by the Honorable Raul Ramirez is April 16, 2008. Signed by Judge Maxine M. Chesney on July 3, 2007. (mmclc1, COURT STAFF) (Filed on 7/3/2007) (Entered: 07/03/2007)

July 3, 2007
17

JOINT CASE MANAGEMENT STATEMENT filed by Lisa Suon, Jeffrey Pay, Andy Mean. (Merin, Mark) (Filed on 7/19/2007) (Entered: 07/19/2007)

July 19, 2007
18

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Merin, Mark) (Filed on 7/24/2007) (Entered: 07/24/2007)

July 24, 2007
20

STIPULATION Stipulation to Continue Mediation Deadline and Case Mgmt Conf. by County of Alameda. (Rockwell, Gregory) (Filed on 2/13/2008) (Entered: 02/13/2008)

Feb. 13, 2008
21

Proposed Order 20 Continuing Mediation Deadline and Case Mgmt Conference by County of Alameda. (Rockwell, Gregory) (Filed on 2/13/2008) Modified on 2/14/2008 (aaa, Court Staff). (Entered: 02/13/2008)

Feb. 13, 2008
23

MOTION for Settlement − Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action filed by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. Motion Hearing set for 8/22/2008 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 P's &A's, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Merin, Mark) (Filed on 8/8/2008) (Entered: 08/08/2008)

Aug. 8, 2008
24

MOTION AND [PROPOSED] ORDER for Protective Order for Disclosure of Records and Information filed by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. Motion Hearing set for 8/22/2008 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Merin, Mark) (Filed on 8/8/2008) Modified on 8/11/2008 (aaa, Court Staff). (Entered: 08/08/2008)

Aug. 8, 2008
25

STIPULATION Request to Vacate Case Management Conference; [Proposed] Order by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. (Merin, Mark) (Filed on 8/15/2008) (Entered: 08/15/2008)

Aug. 15, 2008
27

STIPULATION TO AMENDED PROTECTIVE ORDER FOR DISCLOSURE OF RECORDS AND INFORMATION by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, County of Alameda, Alameda County Probation Department. (Attachments: # 1 Exhibit A − Amended Protective Order for Disclosure of Records and Information

Aug. 19, 2008
29

AMENDED DOCUMENT AND [PROPOSED] ORDER by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. Amended Order for Preliminary Approval of Settlement of Class Action . (Attachments: # 1 Exhibit Exhibit A − AMENDED Notice, # 2 Exhibit Exhibit B − AMENDED Claim Form)(Merin, Mark) (Filed on 8/25/2008) Modified on 8/26/2008 (aaa, Court Staff). (Entered: 08/25/2008)

Aug. 25, 2008
32

MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed by Lisa Suon, Jeffrey Pay, Andy Mean. Motion Hearing set for 2/27/2009 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Merin, Mark) (Filed on 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009
33

Declaration of Mark E. Merin in Support of 32 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed byLisa Suon, Jeffrey Pay, Andy Mean. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 32 ) (Merin, Mark) (Filed on 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009
34

Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement filed by Alameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. Motion Hearing set for 2/27/2009 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 Exhibit 1)(Merin, Mark) (Filed on 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009
35

Declaration of Ryanne Cozzi in Support of 34 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement filed byAlameda County Chief Probation Officer Donald H. Blevins, Alameda County Assistant Chief Probation Officer Sheila L. Foster, Alameda County Assistant Chief Probation Officer Richard A. Muench, Alameda County Deputy Chief of Juvenile Facilities William E. Fenton, Lisa Suon, Jeffrey Pay, Andy Mean, County of Alameda, Alameda County Probation Department. (Attachments: # 1 Exhibit A)(Related document(s) 34 ) (Merin, Mark) (Filed on 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009
38

Minute Entry: Final Approval Hearing held on 2/27/2009 before Maxine M. Chesney (Date Filed: 2/27/2009). (Court Reporter Lydia Zinn.) (tl, COURT STAFF) (Date Filed: 2/27/2009) (Entered: 03/02/2009)

Feb. 27, 2009

State / Territory: California

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 28, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Juveniles subjected to pre-hearing strip searches without reasonable suspicion that searches would be productive of contraband or weapons and/or those subjected to searches in groups where they could view/be viewed by other juveniles.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Alameda (Alameda), County

Alameda County Juvenile Hall, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: Up to $4,286,660

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run