Case: Taggart v. Solano County

2:05-cv-00783 | U.S. District Court for the Eastern District of California

Filed Date: April 21, 2005

Clearinghouse coding complete

Case Summary

On April 21, 2005, private attorney Mark E. Merin 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 Solano County and Solano County Probation Department policy of subjecting juveniles to strip and/or visual body cavity searches at Solano County Juvenile Detention Center. Plaintiffs alleged that pursuant to the defendants' policies, juvenile detainees in their custody were subjected to str…

On April 21, 2005, private attorney Mark E. Merin 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 Solano County and Solano County Probation Department policy of subjecting juveniles to strip and/or visual body cavity searches at Solano County Juvenile Detention Center. Plaintiffs alleged that pursuant to the defendants' policies, juvenile detainees in their custody were subjected to strip and visual body cavity searches before such they appeared at a detention hearing and without having any reasonable suspicion that the searches would be productive of contraband or weapons. The complaint asserted claims for violations of: 1) violation of Fourth and Fourteenth Amendments and 42 U.S.C. § 1983; 2) violation of California's Bane Act, California Civil Code section 52.1(a) and Unruh Civil Rights Act, California Civil Code section 52.1(b), based on alleged use of coercion to deprive Plaintiffs of their rights under article I, section 1, of the California Constitution and California Penal Code section 4030; 3) violation of California Penal Code section 4030. Plaintiffs sought monetary damages, declaratory and injunctive relief, as well as class certification.

Defendants filed answers generally denying all allegations of wrong doing or liability. They also moved to dismiss the state law claims. The District Court (Judge David F. Levi) granted the motion in part and dismissed the state law claims for damages and the class claim under Section 52.1. The motion to dismiss the state law claims for declaratory and injunctive relief was denied. Taggart ex rel. Perry v. Solano County, 2005 WL 3325752 (E.D.Cal. Dec 06, 2005)

Discovery followed and then defendants moved for judgment on the pleadings or summary adjudication on plaintiff's 42 U.S.C. § 1983 claims asserting that the County was shielded by the Eleventh Amendment and that the individual defendants were protected by qualified immunity. Judge Levi denied the motion. Taggart ex rel. Perry v. Solano County, 2006 WL 737017 (E.D.Cal. Mar 20, 2006).

At the time of this summary, the case was still pending.

Summary Authors

Dan Dalton (3/10/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4158209/parties/taggart-v-solano-county/


Judge(s)

Beistline, Ralph R. (Alaska)

Hollows, Gregory G. (California)

Levi, David F. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwarzschild, Jeffrey I. (California)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Judge(s)

Beistline, Ralph R. (Alaska)

Hollows, Gregory G. (California)

Levi, David F. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwarzschild, Jeffrey I. (California)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Documents in the Clearinghouse

Document

2:05-cv-00783

Docket (PACER)

July 30, 2007

July 30, 2007

Docket
1

2:05-cv-00783

Class Action Complaint

April 21, 2005

April 21, 2005

Complaint
17

2:05-cv-00783

Memorandum of Opinion and Order [re: Defendants' Motion to Dismiss State Law Claims]

2005 WL 3325752, 2005 U.S.Dist.LEXIS 31799

Dec. 6, 2005

Dec. 6, 2005

Order/Opinion
27

2:05-cv-00783

Memorandum of Opinion and Order [re: Defendants' Motion for Judgment]

2006 WL 737017, 2006 U.S.Dist.LEXIS 11353

March 20, 2006

March 20, 2006

Order/Opinion
41

2:05-cv-00783

Order Granting Settlement and Dismissal of Action

July 30, 2007

July 30, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158209/taggart-v-solano-county/

Last updated Aug. 10, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT class action against all defendants, filed by Jasmine Taggart. (Attachments: # 1 Exhibit Exhibit 1 to Class Action Complaint)(Merin, Mark) Modified on 4/22/2005 (Reader, L). (Entered: 04/21/2005)

1 Exhibit Exhibit 1 to Class Action Complaint

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April 21, 2005

April 21, 2005

RECAP
2

NOTICE of Civil Cover Sheet by Jasmine Taggart re 1 Complaint filed by Jasmine Taggart, Civil Case Cover Sheet. (Merin, Mark) Modified on 4/22/2005 (Reader, L). (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

PACER
3

PETITION to APPOINT Guardian Ad Litem ad Litem and [Proposed] Order by Jasmine Taggart. (Merin, Mark) Modified on 4/25/2005 (Krueger, M). (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

PACER
4

SUMMONS ISSUED as to *Solano County, Solano County Chief Probation Officer Gemma Grossi, Solano County Juvenile Hall Superintendent Gladys Moore* with answer to complaint due within *20* days. Attorney *Mark E Merin* *Law Office of Mark E Merin* *2001 P Street, Suite 100* *Sacramento CA 95814*. (Marcotte, D) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Marcotte, D) (Entered: 04/21/2005)

1 Consent Forms

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2 VDRP Forms

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April 21, 2005

April 21, 2005

PACER
6

ORDER signed by Judge David F. Levi on 4/22/05 ORDERING that the petition to appoint Barbara Perry as guardian ad litem for plaintiff 3 GRANTED. (Krueger, M) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

RECAP
7

MOTION to DISMISS Pursuant to F.R.Civ.P. 2(b)(6); Memorandum of P's & A's by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 7/13/2005 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Attachments: # 1 Notice of Motion# 2 Req for Judicial Notice# 3 Exhibit A to Def's Req for Judicial Notice)(Cassidy, Terence) Modified on 6/8/2005 (Marciel, M). (Entered: 06/07/2005)

1 Notice of Motion

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2 Req for Judicial Notice

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3 Exhibit Ex. A to Def's Req for Judicial Notice

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June 7, 2005

June 7, 2005

PACER
8

AMENDED NOTICE (first) of Motion to Dismiss by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 8/24/2005 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Cassidy, Terence) Modified on 6/17/2005 (Reader, L). (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

PACER
10

SUMMONS RETURNED EXECUTED Solano County Counsel,Genna Grossi,Gladys Moore . (Servantes, G) Modified on 7/7/2005 (Servantes, G). (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

PACER
9

SUMMONS RETURNED EXECUTED by Jasmine Taggart. Solano County served on 5/18/2005, answer due 6/7/2005; Gemma Grossi served on 5/18/2005, answer due 6/7/2005; Gladys Moore served on 5/18/2005, answer due 6/7/2005. (Merin, Mark) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

PACER
11

OPPOSITION re 7 MOTION to DISMISS Pursuant to F.R.Civ.P. 2(b)(6); Memorandum of P's & A's. (Attachments: # 1 Declaration of Jeffrey I. Schwarzschild# 2 Exhibit 1 & 2 to Declaration of Jeffrey I. Schwarzschild)(Schwarzschild, Jeffrey) Modified on 8/5/2005 (Reader, L). (Entered: 08/05/2005)

1 Declaration of Jeffrey I. Schwarzschild

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2 Exhibit 1 & 2 to Declaration of Jeffrey I. Schwarzschild

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Aug. 5, 2005

Aug. 5, 2005

PACER
12

REQUEST for JUDICIAL NOTICE by Jasmine Taggart in re 11 Memorandum/Response in Opposition to Motion,. (Attachments: # 1 Exhibit A through I)(Schwarzschild, Jeffrey) (Entered: 08/05/2005)

1 Exhibit A through I

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Aug. 5, 2005

Aug. 5, 2005

PACER
13

REPLY to pltf's opposition to Defendants' Motion to Dismiss. (Cassidy, Terence) Modified on 8/19/2005 (Reader, L). (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP
14

NOTICE by Jasmine Taggart of Plaintiff's Request for Hearing on Defendants' Motion to Dismiss (Schwarzschild, Jeffrey) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
15

AFFIDAVIT re 14 Notice (Other) Affidavit of Mark E. Merin, Attorney for Plaintiff Taggart, in Support of Good Cause for Hearing Oral Argument on Defendants' Motion to Dismiss by Jasmine Taggart. (Merin, Mark) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
16

NOTICE by Solano County, Gemma Grossi, Gladys Moore of Request for Hearing on Defendants' Motion to Dismiss (Cassidy, Terence) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
17

MEMORANDUM OF OPINION AND ORDER dfts' motion to dismiss Taggart's state law claims for damages and her class claim under Section 52.1 is GRANTED; and dfts' motion to dismiss the state law claims for declaratory and injunctive relief is DENIED 7, 8 signed by Judge David F. Levi on 12/6/2005. (Reader, L) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

RECAP
18

ANSWER to COMPLAINT with Jury Demand by Solano County, Gemma Grossi, Gladys Moore. (Attachments: # 1 Demand for Jury Trial)(Cassidy, Terence) (Entered: 12/20/2005)

1 Demand for Jury Trial

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Dec. 20, 2005

Dec. 20, 2005

PACER
19

MINUTE ORDER requiring joint status report. (Due 2/3/06) (Vine, H) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
20

MOTION for JUDGMENT on the Pleadings and/or Summary Adjudication by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 3/1/2006 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Attachments: # 1 Points and Authorities # 2 Req for Jud Notice# 3 Stmt of UMF's)(Cassidy, Terence) Modified on 10/26/2006 (Reader, L). (Entered: 01/27/2006)

1 Points and Authorities

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2 Req for Jud Notice

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3 Stmt of UMF's

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Jan. 27, 2006

Jan. 27, 2006

PACER
21

JOINT STATUS REPORT by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
22

MEMORANDUM/RESPONSE in OPPOSITION re 20 Motion for Judgment/ Summary Adjudication. (Attachments: # 1 Exhibit 1# 2 Affidavit A# 3 Appendix B# 4 Appendix C)(Merin, Mark) Modified on 2/16/2006 (Donati, J). (Entered: 02/15/2006)

1 Exhibit 1

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2 Affidavit A

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3 Appendix B

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4 Appendix C

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Feb. 15, 2006

Feb. 15, 2006

PACER
23

DECLARATION of Mark E. Merin in Support of 20 Motion for Judgment/Summary Adjudication. (Merin, Mark) Modified on 2/16/2006 (Donati, J). (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
24

CERTIFICATE of SERVICE by Jasmine Taggart re 22 Memorandum/Response in Opposition to Motion, 23 and Declaration of Mark E. Merin (Merin, Mark) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
25

REPLY to Plaintiff's Opposition to Motion for Judgment on the Pleadings and/or Summary Adjudication. (Cassidy, Terence) Modified on 2/24/2006 (Reader, L). (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

RECAP
26

REQUEST for JUDICIAL NOTICE by Solano County, Gemma Grossi, Gladys Moore in re 25 Reply to Response to Motion IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO MTN FOR JUDGMENT ON THE PLEADINGS/SA. (Cassidy, Terence) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
27

MEMORANDUM of OPINION and ORDER signed by Judge David F. Levi on 3/17/06 DENYING 20 Motion for Judgment. (Donati, J) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

RECAP
28

JOINT STATUS REPORT by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

PACER
29

STIPULATION and PROPOSED ORDER to Extend the Time for Plaintiffs to File Motion for Class Certification by Jasmine Taggart, Solano County, Gemma Grossi, Gladys Moore. Attorney Merin, Mark E. added. (Merin, Mark) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

PACER
30

STIPULATION and ORDER 29 signed by Judge David F. Levi on 9/29/2006 ORDERING That Pltfs shall file their Motion for Class Certification on or before 1/12/2007.(Reader, L) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

RECAP
31

STIPULATION and PROPOSED ORDER for Protective Order for Disclosure of Juvenile Records by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) Modified on 10/26/2006 (Reader, L). (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

PACER
32

STIPULATION and PROTECTIVE ORDER signed by Judge Gregory G. Hollows on 11/14/06 ORDERING the disclosure of Juvenile Records. (See order for Details) (Donati, J) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

RECAP
33

DESIGNATION of COUNSEL by all plaintiffs. Jeffrey I. Schwarzschild terminated. (Merin, Mark) Modified on 11/16/2006 (Donati, J). (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
34

STIPULATION and PROPOSED ORDER to Extend the Time for Plaintiffs to File Motion for Class Certification by Jasmine Taggart. (Merin, Mark) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
35

STIPULATION and ORDER 34 for extension signed by Judge David F. Levi on 1/17/07. Plaintiffs shall file their Motion for Class Certification on or before 5/11/07.(Marciel, M) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

RECAP
36

ORDER by Chief Judge David F. Levi; Due to the Order of Designation of Judge Ralph R. Beistline to serve in the Eastern District, this action is REASSIGNED from Judge David F. Levi to Judge Ralph R. Beistline for all further proceedings. (Cayo, A) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

PACER
37

NOTICE of Change of Firm Name by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) Modified on 6/14/2007 (Manzer, C). (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
38

JOINT STATUS REPORT by Jasmine Taggart. (Merin, Mark) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
39

MINUTE ORDER: re 38 Status Report and report of settlement. (Vine, H) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
40

MOTION to DISMISS : Joint Motion for Order Approving Stipulation of Settlement and Dismissal of Complaint by Jasmine Taggart, Solano County, Gemma Grossi, Gladys Moore. Attorney Merin, Mark E. added. (Attachments: # 1 Declaration Declaration of Mark E. Merin in Support of Joint Motion for Order Approving Stipulation of Settlement and Dismissal of Complaint# 2 Exhibit Exhibits 1-4 to Declaration of Mark E. Merin# 3 Proposed Order Proposed Order Granting Settlement and Dismissal of Action)(Merin, Mark) (Entered: 07/26/2007)

1 Declaration Declaration of Mark E. Merin in Support of Joint Motion for Order Ap

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2 Exhibit Exhibits 1-4 to Declaration of Mark E. Merin

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3 Proposed Order Proposed Order Granting Settlement and Dismissal of Action

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July 26, 2007

July 26, 2007

PACER
41

ORDER GRANTING SETTLEMENT AND DISMISSAL OF ACTION signed by Judge Ralph R. Beistline on 7/30/07. CASE CLOSED. (Kastilahn, A) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

RECAP

Case Details

State / Territory: California

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Juveniles who were arrested and subjected to a pre-detention hearing strip and/or visual body cavity search at Solano County’s Juvenile Detention Facility without a reasonable suspicion that the searches would be productive of contraband/weapons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Solano County (Solano), County

Solano County Juvenile Detention Center (Solano), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

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