Case: Elliott v. Strafford County

1:98-cv-00637 | U.S. District Court for the District of New Hampshire

Filed Date: Nov. 17, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On November 17, 1998, plaintiff filed a lawsuit under 42 U.S.C. § 1983 including state law claims against Strafford County, two Strafford County officials, Transcor America, Inc. (a transportation company), two Transcor employees, and Henry County, Tennessee officials in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged her constitutional rights were violated when she was strip-searched.Plaintiff was arrested in Tennessee on …

On November 17, 1998, plaintiff filed a lawsuit under 42 U.S.C. § 1983 including state law claims against Strafford County, two Strafford County officials, Transcor America, Inc. (a transportation company), two Transcor employees, and Henry County, Tennessee officials in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged her constitutional rights were violated when she was strip-searched.

Plaintiff was arrested in Tennessee on a New Hampshire warrant on December 22, 1995. Plaintiff was jailed in Tennessee from December 22 until December 31, 1995. On December 28, plaintiff signed a waiver of extradition. Defendant Transcor employees conducted a body cavity strip-search of plaintiff according to Transcor's policy to strip-search all prisoners, and not due to individualized suspicion. Transcor then transported plaintiff to the Strafford County House of Corrections. During intake, plaintiff was required to undress, shower, and receive a decontamination spray. The intake form said she was strip-searched. Plaintiff was in the jail from January 7, 1996 until February 3, 1996, and from August 26, 1996 until September 8, 1996. Plaintiff was strip-searched after each court appearance and contact with visitors pursuant to county policy

On August 27, 1999, the United States District Court (Judge Joseph A. Diclerico, Jr.) dismissed plaintiff's Complaint against Henry County, Tennessee Defendants for lack of personal jurisdiction.

On October 13, 2000, Transcor defendants moved for summary judgment.

On November 6, 2000, Strafford County defendants moved for summary judgment.

On January 25, 2001, the United States District Court (Judge Joseph A. Diclerico, Jr.) granted partial summary judgment to Transcor defendants. The Court dismissed counts as to Transcor defendants relating to other defendants. The Court dismissed plaintiff's claim that Transcor denied her request to contact an attorney and denied her speedy access to the New Hampshire Courts because plaintiff stated in her deposition that she did not ask Transcor for a lawyer. The Court denied summary judgment for claims under § 1983 and New Hampshire law because it found: (1) defendant did not show defendant was entitled to qualified immunity because qualified immunity is not necessarily available to private individuals who provide governmental services, and (2) a factual issue remained as to whether the Transcor defendants had reasonable suspicion to justify the strip search. Defendants had no reasonable suspicion that plaintiff concealed contraband and plaintiff was charged with a crime not involving weapons or contraband and she was strip-searched after she spent a week in jail.

Elliott v. Strafford County, Case: 98-637-JD, 2001 WL 274767 (D.N.H. Jan. 25, 2001).

On February 7, 2001, the District Court (Judge Diclerico) granted partial summary judgment to defendants Strafford County, Strafford County Sheriff, and Superintendent of the Strafford House of Corrections. The Court denied summary judgment as to plaintiff's claim relating to her strip-search during intake. The Court found that defendants did not have reasonable suspicion that plaintiff concealed contraband because she was not charged with a crime involving contraband and because she had been in custody for more than two weeks. The Court granted summary judgment to the Strafford defendants on plaintiff's claims arising from her strip-searches after contact visits and court appearances. The Court found these strip-searches constitutional because of the possibility of smuggling contraband into prison. The Court granted the Strafford defendants summary judgment on allegations against Transcor and relating to the Tennessee defendants. Elliott v. Strafford County, Case: 98-637-JD, 2001 WL 274827 (D.N.H. Feb. 7, 2001)

On April 26, 2001, the parties agreed to private mediation.

On June 29, 2001, the parties agreed to dismissal as to the Strafford County defendants.

On July 23, 2001, the parties agreed to dismissal as to the Transcor defendants.

Summary Authors

Shira Gordon (3/31/2012)

People


Judge(s)

DiClerico, Joseph A. Jr. (New Hampshire)

Attorneys(s) for Plaintiff

Craig, James W. (New Hampshire)

Attorneys(s) for Defendant

Beeson, Peter G. (New Hampshire)

Drescher, James H. (Tennessee)

Gardner, Donald E. (New Hampshire)

Grant, Charles K. (Tennessee)

Kruse, James L. (New Hampshire)

Pignatelli, Michael A. (New Hampshire)

Ramsdell, Michael D. (New Hampshire)

Tucker, Brian T. (New Hampshire)

Judge(s)

DiClerico, Joseph A. Jr. (New Hampshire)

Attorneys(s) for Plaintiff

Craig, James W. (New Hampshire)

Attorneys(s) for Defendant

Beeson, Peter G. (New Hampshire)

Drescher, James H. (Tennessee)

Gardner, Donald E. (New Hampshire)

Grant, Charles K. (Tennessee)

Kruse, James L. (New Hampshire)

Pignatelli, Michael A. (New Hampshire)

Ramsdell, Michael D. (New Hampshire)

Tucker, Brian T. (New Hampshire)

Tull, Dyana C. (Massachusetts)

Documents in the Clearinghouse

Document

1:98-cv-00637

Docket (PACER)

Feb. 26, 2003

Feb. 26, 2003

Docket
74

1:98-cv-00637

Order [Regarding Transcor Defendants' Motion for Summary Judgment]

Jan. 25, 2001

Jan. 25, 2001

Order/Opinion
76

1:98-cv-00637

Order [Regarding Strafford Defendants' Motion for Summary Judgment]

Feb. 7, 2001

Feb. 7, 2001

Order/Opinion

Docket

Last updated Sept. 4, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
4

NOTICE of attorney appearance for Transcor America Inc by James L. Kruse (mm) (Entered: 01/13/1999)

Jan. 12, 1998

Jan. 12, 1998

1

COMPLAINT; jury demand FILING FEE $ 150.00 RECEIPT # 15566 (bc) (Entered: 11/18/1998)

Nov. 17, 1998

Nov. 17, 1998

SUMMONS(ES)/WAIVER OF SERVICE issued for Strafford County, Richard Cavanaugh, Robert LeClair, Transcor America Inc, Marlene Vogal, Sylvester Rush, Junious Hamm Jr., Leon Williams, Henry County TN (bc) (Entered: 11/18/1998)

Nov. 18, 1998

Nov. 18, 1998

2

RETURN OF SERVICE executed as to Strafford County, Richard Cavanaugh, Robert LeClair 12/8/98 Answer due on 12/29/98 for Robert LeClair, for Richard Cavanaugh, for Strafford County (mm) (Entered: 12/18/1998)

Dec. 18, 1998

Dec. 18, 1998

NOTICE of Ledger Entry for filing fee by Sheila Elliott; Status: Case closed on plaintiff's voluntary nonsuit. Original ledger retained by Financial Division. (dcap) Modified on 01/13/1999 (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

3

RETURN OF SERVICE executed as to Transcor America Inc, Henry County TN 12/21/98 Answer due on 1/13/99 for Henry County TN, for Transcor America Inc (jar) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

5

MOTION by Transcor America Inc to Extend Time until 1/29/99 to answer with assent. (mm) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

RULE 77 ORDER granting [5-1] motion to Extend Time until 1/29/99 to answer, reset Answer deadline to 1/29/99 for Transcor America Inc (mm) (Entered: 01/13/1999)

Jan. 13, 1999

Jan. 13, 1999

6

MOTION by Leon Williams, Henry County TN to Extend Time until 2/16/99 to answer with assent. (mm) (Entered: 01/13/1999)

Jan. 13, 1999

Jan. 13, 1999

7

ORDER OF RECUSAL: Reason for recusal - appearance by Attorney Pignatelli ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 01/14/1999)

Jan. 13, 1999

Jan. 13, 1999

CASE reassigned to Judge Steven J. McAuliffe as Attorney Pignatelli is on Judge Barbadoro's recusal list. (mm) (Entered: 01/14/1999)

Jan. 14, 1999

Jan. 14, 1999

8

ANSWER to Complaint [1-1] by Transcor America Inc ; jury demand (amm) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

9

ASSENTED TO MOTION by Transcor America Inc for James H. Drescher to Appear Pro Hac Vice with affidavit, fee paid (amm) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

10

NOTICE of attorney appearance for Strafford County, Richard Cavanaugh, Robert LeClair by Dyana J. Crahan (amm) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

11

ASSENTED TO MOTION by Strafford County, Richard Cavanaugh, Robert LeClair to Extend Time to answer to 2/15/99 (amm) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

12

ORDER OF RECUSAL: Reason for recusal - former firm's representation of Deft Transcor America, Inc. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

RULE 77 ORDER granting [9-1] motion for James H. Drescher to Appear Pro Hac Vice (amm) (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

CASE reassigned to Senior Judge Shane Devine due to Judge Steven McAuliffe's recusal. (amm) (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

13

CORPORATION Disclosure Statement by Transcor America Inc (jeb) (Entered: 01/22/1999)

Jan. 21, 1999

Jan. 21, 1999

RULE 77 ORDER granting [11-1] motion to Extend Time to answer to 2/15/99, reset Answer deadline to 2/15/99 for Robert LeClair, for Richard Cavanaugh, for Strafford County (jeb) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

14

MOTION by Leon Williams, Henry County TN to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) with memorandum. Objection to Motion Deadline 3/8/99 (jeb) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

15

ANSWER to Complaint [1-1] by Strafford County, Richard Cavanaugh, Robert LeClair; jury demand (jeb) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

PRETRIAL CONFERENCE set at 9:00 4/14/99 ; Discovery Plan Deadline set to 4/9/99 before: Magistrate Judge Muirhead (jeb) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

16

OBJECTION by Sheila Elliott to [14-1] motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) (jeb) (Entered: 03/08/1999)

March 8, 1999

March 8, 1999

17

ASSENTED-TO MOTION by Leon Williams, Henry County TN to Substitute Attorney Brian T. Tucker, Esq. for Michael A. Pignatelli, Esq. (jeb) (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

RULE 77 ORDER granting [17-1] motion to Substitute Attorney Brian T. Tucker, Esq. for Michael A. Pignatelli, Esq. terminated Michael A. Pignatelli for Henry County, TN and Leon Williams (jeb) (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

Reassignment of pending caseload, Devine, SrJ. Case will be on unassigned calendar pending reassignment. CASE reassigned to Judge Unassigned (dcap) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

19

OBJECTION by Transcor America Inc to [18-1] motion to Extend Time to Serve Defendants Vogel, Rush and Hamm, Jr. (jeb) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

Motion(s) referred: [18-1] motion to Extend Time to Serve Defendants Vogel, Rush and Hamm, Jr. referred to Magistrate Judge James R. Muirhead (jeb) (Entered: 04/02/1999)

April 2, 1999

April 2, 1999

Reassignment of SrJ Devine cases. CASE reassigned to Judge Joseph A. DiClerico Jr (jeb) (Entered: 04/05/1999)

April 5, 1999

April 5, 1999

20

NOTICE of Withdrawal of Objection to Pltf's Motion to Enlage Time to Serve Defts Vogel, Rush and Hamm by Transcor America Inc (dae) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

Terminated Document [19-1] Transcor's objection to Pltf's Motion to enlarge time (dae) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

21

NOTICE of substitute attorney for Transcor America Inc. Terminated attorney James L. Kruse for Transcor America Inc **Substituted attorney Michael D. Ramsdell. (dae) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

22

Proposed Discovery Plan (dae) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

ENDORSED ORDER granting [22-1] discovery plan, set ready for trial deadline to 10/1/00 , set Motion for Summary Judgment Filing deadline to 4/15/00 for Unnamed Defendants, for Henry County TN, for Leon Williams, for Junious Hamm Jr., for Sylvester Rush, for Marlene Vogal, for Transcor America Inc, for Robert LeClair, for Richard Cavanaugh, for Strafford County, for Sheila Elliott ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

***Case track set--COMPLX (dae) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

ENDORSED ORDER granting [18-1] motion to Extend Time to Serve Defendants Vogel, Rush and Hamm, Jr., set Notice of Compliance deadline to 6/15/99 for service to be accomplished as to Vogel, Rush and Hamm ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 04/14/1999)

April 14, 1999

April 14, 1999

23

RETURN OF SERVICE executed as to Marlene Vogal 5/11/99 Answer due on 6/4/99 for Marlene Vogal (mm) (Entered: 05/20/1999)

May 20, 1999

May 20, 1999

24

ANSWER to Complaint [1-1] by Marlene Vogal (Attorney Michael D. Ramsdell); jury demand (dae) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

25

ORDER - pltf granted an opportunity to file a revised memo in support of her obj to defts' motion to dismiss by 6/24. Pltf's Memorandum deadline set for 6/24/99 ( signed by Judge Joseph A. DiClerico Jr ) (dae) (Entered: 06/04/1999)

June 4, 1999

June 4, 1999

26

RETURN OF SERVICE executed as to Junious Hamm Jr. 6/13/99 Answer due on 7/6/99 for Junious Hamm Jr. (jgb) (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

27

Revised MEMORANDUM by Sheila Elliott in Support of/to Objection to [14-1] motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) (jgb) (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

Motion(s) referred: [28-1] motion to Amend [1-1] complaint referred to Magistrate Judge James R. Muirhead (jgb) (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

ENDORSED ORDER granting [28-1] motion to Amend [1-1] complaint ( signed by Judge Joseph A. DiClerico Jr ) (jgb) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

29

AMENDED COMPLAINT by Sheila Elliott amending [1-1] complaint clarifying counts; jury demand (jgb) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

30

MOTION by Leon Williams, Henry County TN to Dismiss Amended Complaint with law. Objection to Motion Deadline 7/20/99 (dae) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

31

ANSWER by Transcor America Inc to: [29-1] amended complaint; jury demand (dae) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

32

ANSWER by Marlene Vogal to: [29-1] amended complaint; jury demand (dae) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

33

ORDER - pltf to file proofs of service re amended complaint within 30 days of the date of this order set Notice of Compliance deadline to 8/19/99 for service documents ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 07/20/1999)

July 20, 1999

July 20, 1999

34

MOTION by Sheila Elliott to Extend Time to file objection to Motion to Dismiss w/assent (dae) (Entered: 07/22/1999)

July 22, 1999

July 22, 1999

ENDORSED ORDER granting [34-1] motion to Extend Time to file objection to Motion to Dismiss ( signed by Judge Joseph A. DiClerico Jr ) (jgb) (Entered: 07/26/1999)

July 26, 1999

July 26, 1999

35

OBJECTION with no memorandum by Sheila Elliott to [30-1] motion to Dismiss Amended Complaint (jgb) (Entered: 07/26/1999)

July 26, 1999

July 26, 1999

36

ANSWER by Strafford County, Richard Cavanaugh, Robert LeClair to: [29-1] amended complaint; jury demand (dae) (Entered: 07/27/1999)

July 26, 1999

July 26, 1999

SUMMONS issued for Junious Hamm Jr. (dae) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

37

RETURN OF SERVICE executed as to Leon Williams, Henry County TN 7/23/99; acceptance of service (jgb) Modified on 08/04/1999 (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

38

Acceptance of Service; RETURN OF SERVICE executed as to Transcor America Inc, Marlene Vogel 7/23/99 (jgb) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

39

RETURN OF SERVICE executed as to Strafford County, Richard Cavanaugh, Robert LeClair 7/26/99; acceptance of service (jgb) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

40

NOTICE of substitute attorney for Strafford County, Richard Cavanaugh, Robert LeClair. Terminated attorney Dyana J. Crahan for Robert LeClair, Richard Cavanaugh, and Strafford County **Substituted attorney Peter G. Beeson. (dae) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

42

MOTION by Sheila Elliott to Extend Time to Complete Service on Junious Hamm with partial assent. Objection to Motion Deadline 9/15/99 (dae) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

///ENDORSED ORDER granting [41-1] motion to Voluntary Dismissal as to Sylvester Rush Only ( signed by Judge Joseph A. DiClerico Jr ) (dae) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

///Terminated party Sylvester Rush - per Doc. #41 (dae) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

43

///ORDER granting [30-1] motion to Dismiss Amended Complaint; granting [14-1] motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) ( signed by Judge Joseph A. DiClerico Jr ) (dae) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

///Terminated party Henry County TN, party Leon Williams - per Order #43 (dae) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

44

RETURN OF SERVICE executed as to Junious Hamm Jr. 8/22/99 Answer due on 9/14/99 for Junious Hamm Jr. (mm) (Entered: 09/01/1999)

Aug. 31, 1999

Aug. 31, 1999

Motion(s) referred: [42-1] motion to Extend Time to Complete Service on Junious Hamm referred to Magistrate Judge James R. Muirhead (dae) (Entered: 09/16/1999)

Sept. 16, 1999

Sept. 16, 1999

ENDORSED ORDER granting [42-1] motion to Extend Time to Complete Service on Junious Hamm ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 09/17/1999)

Sept. 16, 1999

Sept. 16, 1999

45

///CLERK'S ENTRY OF DEFAULT as to Junious Hamm Jr. Hearing to determine damages will be scheduled once the remaining claims have been disposed of. (dae) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

Terminated party Junious Hamm - default entered this date (dae) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

46

NOTICE of attorney appearance for Junious Hamm Jr. by Michael D. Ramsdell (dae) (Entered: 09/29/1999)

Sept. 28, 1999

Sept. 28, 1999

47

MOTION by Junious Hamm Jr. to Strike [45-1] Default order as to Junious Hamm with assent (dae) (Entered: 09/29/1999)

Sept. 28, 1999

Sept. 28, 1999

Motion(s) referred: [47-1] motion to Strike [45-1] Default order as to Junious Hamm referred to Magistrate Judge James R. Muirhead (dae) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

ENDORSED ORDER granting [47-1] motion to Strike [45-1] Default order as to Junious Hamm ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

48

ANSWER to Complaint [29-1] by Junious Hamm Jr.; jury demand (dae) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

49

MOTION by Sheila Elliott to Compel Answers to Interrogatories Objection to Motion Deadline 11/29/99 (dae) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

51

Assented to MOTION by Transcor America Inc for Charles K. Grant to Appear Pro Hac Vice with affidavit & fee. (mm) (Entered: 12/02/1999)

Dec. 1, 1999

Dec. 1, 1999

ENDORSED ORDER granting [51-1] motion for Charles K. Grant to Appear Pro Hac Vice ( signed by Judge Joseph A. DiClerico Jr ) (jar) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

52

ORDER striking [49-1] motion to Compel Answers to Interrogatories for failing to comply with the court's Order on Nonconforming Document ( signed by Judge Joseph A. DiClerico Jr ) (jar) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

53

MOTION by Transcor America Inc for James H. Drescher to Withdraw as Attorney with assent (dae) (Entered: 01/10/2000)

Jan. 10, 2000

Jan. 10, 2000

Motion(s) referred: [53-1] motion for James H. Drescher to Withdraw as Attorney referred to Magistrate Judge James R. Muirhead (dae) (Entered: 01/10/2000)

Jan. 10, 2000

Jan. 10, 2000

ENDORSED ORDER granting [53-1] motion for James H. Drescher to Withdraw as Attorney (Terminated attorney James H. Drescher for Transcor America Inc ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

TRIAL NOTICE. Joint mediation statement due 7/17/00; Final Pretrial Statements Due 9/15/00; Final Pretrial Conference set for 10:00 9/27/00; Jury Trial set for 2-week period beginning 9:30 10/17/00; LR 16.2(e) Objections Due: 9/22/00. ( before Judge Joseph A. DiClerico Jr ) (dae) (Entered: 01/24/2000)

Jan. 24, 2000

Jan. 24, 2000

54

MOTION by Marlene Vogel, Junious Hamm Jr. for Charles K. Grant to Appear Pro Hac Vice fee paid, receipt 018098. Objection to Motion Deadline 4/3/00 (dae) (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

55

RESPONSE/ASSENT by Sheila Elliott to [54-1] motion for Charles K. Grant to Appear Pro Hac Vice (dae) (Entered: 03/17/2000)

March 17, 2000

March 17, 2000

56

NOTICE of substitute attorney for Strafford County, Richard Cavanaugh, Robert LeClair. Terminated attorney Peter G. Beeson for Robert LeClair, Richard Cavanaugh, and Strafford County. **Substituted attorney Donald E. Gardner. (dae) (Entered: 03/20/2000)

March 17, 2000

March 17, 2000

57

JOINT MOTION by Sheila Elliott, Strafford County, Richard Cavanaugh, et al. to Continue Trial to after 3/15/01 and other ddls as outlined (dae) (Entered: 04/14/2000)

April 14, 2000

April 14, 2000

ENDORSED ORDER granting [54-1] motion for Charles K. Grant to Appear Pro Hac Vice ( signed by Judge Joseph A. DiClerico Jr ) (dae) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

ENDORSED ORDER granting [57-1] joint motion to Continue Trial to after 3/15/01 and other ddls as outlined, reset ready for trial deadline to 3/15/01 , reset Motion for Summary Judgment Filing deadline to 10/16/00 for Unnamed Defendants, for Marlene Vogel, for Transcor America Inc, for Robert LeClair, for Richard Cavanaugh, for Strafford County, for Sheila Elliott ( signed by Judge Joseph A. DiClerico Jr ) (dae) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

TRIAL NOTICE. Joint mediation statement due 12/6/00 ; Final Pretrial Statements Due 2/5/01 ; Final Pretrial Conference set for 9:00 2/16/01 ; Jury Trial set for 2-week period beginning 9:30 3/6/01 ; LR 16.2(e) Objections Due: 2/13/01. ( before Judge Joseph A. DiClerico Jr ) (dae) (Entered: 06/16/2000)

June 16, 2000

June 16, 2000

58

MOTION by Sheila Elliott to Compel answers to interrogatories Objection to Motion Deadline 7/10/00 (jgb) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

59

OBJECTION by Transcor America Inc to [58-1] motion to Compel answers to interrogatories (dae) (Entered: 06/27/2000)

June 27, 2000

June 27, 2000

Motion(s) referred: [58-1] motion to Compel answers to interrogatories referred to Magistrate Judge James R. Muirhead (dae) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

Motion hearing re: [58-1] motion to Compel answers to interrogatories scheduled for August 8, 2000 at 10:00 before Magistrate Judge James R. Muirhead. The hearing will be limited to one hour. (cm) (Entered: 07/13/2000)

July 13, 2000

July 13, 2000

Terminated Document [58-1] motion to Compel answers to interrogatories ; documents produced; hearing not necessary (jgb) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

60

MOTION by Transcor America Inc, Marlene Vogel, Junious Hamm Jr. for Summary Judgment with memorandum. Objection to summary judgment deadline 11/15/00 (dae) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

61

MOTION by Strafford County, Richard Cavanaugh, Robert LeClair to Extend Time to file Motion for Summary Judgment to 11/6 with assent (dae) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

Motion(s) referred: [61-1] motion to Extend Time to file Motion for Summary Judgment to 11/6 referred to Magistrate Judge James R. Muirhead (dae) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

ENDORSED ORDER granting [61-1] motion to Extend Time to file Motion for Summary Judgment to 11/6 as to Strafford County, Cavanaugh and LeClair, reset Summary Judgment Motion deadline to 11/6/00 ( signed by Magistrate Judge James R. Muirhead ) (dae) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

62

MOTION by Strafford County, Richard Cavanaugh, Robert LeClair for Summary Judgment with memorandum and exhibits Objection to summary judgment deadline 12/11/00 (jgb) (Entered: 11/10/2000)

Nov. 6, 2000

Nov. 6, 2000

63

OBJECTION/memorandum by Sheila Elliott to [60-1] motion for Summary Judgment (jgb) (Entered: 11/10/2000)

Nov. 9, 2000

Nov. 9, 2000

64

OBJECTION with memorandum by Sheila Elliott to [62-1] motion for Summary Judgment (dae) (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

Case Details

State / Territory: New Hampshire

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Nov. 17, 1998

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female plaintiff was arrested pursuant to a warrant charging her with interference with custody. In connection with her detention, plaintiff was subjected to various strip searches.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Strafford County, NH (Strafford), County

Henry County, TN, County

TransCor America, Inc. (Nashville), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to lawyers or judicial system

Over/Unlawful Detention

Search policies

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run