Case: Sutton v. Hopkins County, KY

4:03-cv-00003 | U.S. District Court for the Western District of Kentucky

Filed Date: Jan. 9, 2003

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 9, 2003, four persons represented by attorneys from several law firms in Louisville, Kentucky, filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Western District of Kentucky. The plaintiffs challenged the strip search policy of the Hopkins County, Kentucky, jail. The plaintiffs alleged that they were searched pursuant to a blanket strip search policy of the jail which required all pretrial detainees transferred from…

On January 9, 2003, four persons represented by attorneys from several law firms in Louisville, Kentucky, filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Western District of Kentucky. The plaintiffs challenged the strip search policy of the Hopkins County, Kentucky, jail. The plaintiffs alleged that they were searched pursuant to a blanket strip search policy of the jail which required all pretrial detainees transferred from other facilities to be strip searched, without regard to the individual circumstances surrounding the transfer or other factors indicating a reasonable suspicion to believe the transferee was concealing weapons or contraband. The plaintiffs maintained that the policy violated the Fourth and Fourteenth Amendments to the United States Constitution and sought monetary damages, injunctive relief and class certification.

On March 18, 2005, the District Court certified the case as a class action involving two classes, pursuant to an agreed order of the parties defining the classes as: (1) an "admission class" consisting "of all individuals arrested for minor offenses who were required to remove their clothing for a visual inspection on admission to the jail despite the absence of any reasonable suspicion that they were carrying or concealing weapons or contraband;" (2) "release class" consisting of "all persons who were required by defendants in the jail, just after becoming entitled to release, to remove all of their clothing for a visual inspection despite the absence of any reasonable grounds for doing so." To determine the scope of the classes, some 7,000 questionnaires were mailed to potential members.

The plaintiffs also filed an Amended Complaint on March 18, 2005. A Second Amended Complaint was filed on June 8, 2005 and a Third Amended Complaint on March 9, 2006. The defendants moved to dismiss the case on numerous grounds, including asserting a statute of limitations bar, lack of standing, failure to exhaust administrative remedies, and failure to meet the physical injury requirement of the Prison Litigation Reform Act ("PLRA"). The District Court (District Judge Joseph H. McKinley, Jr.) denied the motion in all respects. Sutton v. Hopkins County, Ky., 2005 WL 3478152 (W.D. Ky. Dec 19, 2005). The defendants then requested that the Court establish a deadline for the return of inmate questionnaires. The District Court (Magistrate Judge E. Robert Goebel) denied the request. Sutton v. Hopkins County, 2006 U.S. Dist. LEXIS 11243 (W.D. Ky. Mar. 16, 2006). See also Sutton v. Hopkins County, 2007 U.S. Dist. LEXIS 3152 (W.D. Ky. Jan. 11, 2007) (Judge McKinley overruled defendants' objection to Magistrate Goebel's order).

Following discovery, the parties filed cross-motions for partial summary judgment on the issue of the constitutionality of the jail policy of strip searching pretrial detainees who were transferred from other facilities, which remained in effect until May 25, 2006. The plaintiffs also moved for a preliminary injunction. The defendants, in turn, moved to decertify the class. Judge McKinley denied the plaintiffs' motion for partial summary judgment and for a preliminary injunction and granted defendants' motion for partial summary judgment, concluding that Hopkins County Jail's policy of strip searching pretrial detainees who were transferred from other facilities was reasonable and justified. Sutton v. Hopkins County, Ky., 2007 WL 119856 (W.D. Ky. Jan 11, 2007). The defendants' request for class decertification was denied. Sutton v. Hopkins County, Ky., 2007 WL 119892 (W.D.Ky. Jan 11, 2007).

On July 17, 2008, the parties submitted a settlement agreement to the Court for approval. On July 18, 2008, the court (Magistrate Judge E. Robert Goebel) granted preliminary approval of the settlement agreement. On October 20, 2008, the court (Judge Joseph H. McKinley) granted final approval of the settlement agreement. The settlement was for $3 million, with the named class members getting a larger amount. Each class member would apply for compensation according to the procedure established in the settlement agreement. The settlement set forth procedures for claimants to appeal decisions from the claims administrator to the court. For example, on August 20, 2009, the court reversed and remanded a decision by the claims administrator denying relief to a plaintiff who had been strip-searched. 2009 WL 2589506 (W.D. Ky. Aug. 20, 2009).

One of the potential class members had challenged the approval of the settlement agreement and filed for a declaration of rights, to intervene and to hold in abeyance. The class member also filed a motion for equitable relief, for relief pursuant to Fed.R.Civ.P. 60(b), or, in the alternative, to reopen the case. On October 9, 2009, the court permitted the class member to submit a claim form to the claims administrator in accordance procedures set forth in the settlement. However, the Court declined to decide whether she qualifies as a member of the class at this time. Instead, the parties would adhere to the claims approval and appeal process set forth in the settlement. 2009 WL 3294843 (W.D. Ky. Oct. 13, 2009).

Also on October 9, 2009, the court allowed another potential class member who had been left out of the proceedings to submit a late claim form. 2009 WL 3299597 (W.D. Ky. Oct. 13, 2009).

On January 25, 2010, the court issued final judgment and dismissed this class action and all claims against defendants and their insurers with prejudice. All class members who did not make a timely request to be excluded from the class were barred and enjoined from commencing and/or prosecuting any claim or action against the defendants relating to the claims alleged in this case.

In 2013, a prisoner who had been deposed by the defendants but did not receive his claim filed a motion for relief. On March 4, 2013, the court denied his motion for relief. No other motions have been filed in the case since then.

Summary Authors

Dan Dalton (2/18/2008)

Jessica Kincaid (3/18/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4654285/parties/sutton-v-ky-hopkins-county/


Judge(s)

Goebel, E. Robert (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Craig, James Robert (Kentucky)

Greenwald, Bart L (Kentucky)

Leone, Laura C (Kentucky)

Renzelmann, Jason (Kentucky)

Wettle, Susan S. (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Clymer, Samuel R-G (Kentucky)

Holbrook, Allen W. (Kentucky)

Judge(s)

Goebel, E. Robert (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Craig, James Robert (Kentucky)

Greenwald, Bart L (Kentucky)

Leone, Laura C (Kentucky)

Renzelmann, Jason (Kentucky)

Wettle, Susan S. (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Clymer, Samuel R-G (Kentucky)

Holbrook, Allen W. (Kentucky)

Moore, Douglas R. (Kentucky)

Soyars, John T (Kentucky)

Sullivan, R. Michael (Kentucky)

Wright, Samuel J. (Kentucky)

Other Attorney(s)

Hinton, Thresa Taylor (Kentucky)

McKinley, Joseph H. Jr. (Kentucky)

Documents in the Clearinghouse

Document

4:03-cv-00003

Docket [PACER]

March 4, 2013

March 4, 2013

Docket
35

4:03-cv-00003

First Amended Complaint

Sutton v. Hopkins County

March 18, 2005

March 18, 2005

Pleading / Motion / Brief
40

4:03-cv-00003

Second Amended Complaint

Sutton v. Hopkins County

June 6, 2005

June 6, 2005

Pleading / Motion / Brief
60

4:03-cv-00003

Memorandum of Law in Support of Plaintiffs’ Response to Defendants’ Motion To Dismiss

Oct. 20, 2005

Oct. 20, 2005

Pleading / Motion / Brief
74

4:03-cv-00003

Memorandum Opinion and Order

Dec. 19, 2005

Dec. 19, 2005

Order/Opinion
77

4:03-cv-00003

Third Amended Complaint

Jan. 31, 2006

Jan. 31, 2006

Pleading / Motion / Brief
92

4:03-cv-00003

Answer of Hopkins County, Kentucky and James Jantrip, Hopkins County Jailer, to Plaintiffs’ Third Amended Complaint

March 22, 2006

March 22, 2006

Pleading / Motion / Brief
101

4:03-cv-00003

Plaintiffs’ Response to Defendants’ Motion to Decertify Class

April 14, 2006

April 14, 2006

Pleading / Motion / Brief
105

4:03-cv-00003

Reply to Response to Motion to Decertify Class

April 28, 2006

April 28, 2006

Pleading / Motion / Brief
125

4:03-cv-00003

Motion for Remedial Measures

Sutton v. Hopkins County

June 15, 2006

June 15, 2006

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4654285/sutton-v-ky-hopkins-county/

Last updated Aug. 25, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
75

MEMORANDUM OPINION & ORDER by Joseph H. McKinley Jr. on 12/19/05; motion 58 to Dismiss is DENIEDcc:Counsel(JBM)

Dec. 20, 2005

Dec. 20, 2005

RECAP
1

COMPLAINT filed and (Summons(es) issued) filing fee pd − receipt # 320935 (PRM) (Entered: 01/14/2003)

Jan. 9, 2003

Jan. 9, 2003

89

MEMORANDUM OPINION & ORDER by E. Robert Goebel on 3/16/06; Denying: 80 MOTION To Set Deadline For Former Inmates to Return Questionnaire filed by Hopkins County, Kentucky,.cc:Counsel, PH(JBM)

March 17, 2006

March 17, 2006

RECAP
2

ORDER by Judge Joseph H. McKinley Jr. Case referred to Magistrate Judge E. R. Goebel for determination of nondispositive matters (cc: all counsel and Mag. Judge Goebel) [Entry Date: 1/14/03] (PRM) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

RETURN OF SERVICE executed upon defendant Jim Lantrip on 1/13/03 (PJH) (Entered: 01/22/2003)

Jan. 17, 2003

Jan. 17, 2003

170

MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley Jr. on 1/11/07; motion 95 to decertify class is denied; matter referred to Magistrate Judge E. Robert Goebel for scheduling conference.cc:Counsel, KL, PH(JBM)

Jan. 11, 2007

Jan. 11, 2007

RECAP
3

ANSWER by defendant KY Hopkins County, defendant Jim Lantrip to [1−1]; jury demand (PRM) (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

171

MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley Jr. on 1/11/07; motion 135 for partial summary judgment and for preliminary injunction is denied; motion 142 for partial summary judgment is granted. cc:Counsel(JBM)

Jan. 11, 2007

Jan. 11, 2007

RECAP
4

ORDER by Judge Joseph H. McKinley Jr.; litigation plan ddl set for 3/14/03; telephonic scheduling conference set for 10:30 4/1/03 before Magistrate Judge E. R. Goebel (cc: all counsel) [Entry Date: 3/31/03] (PJH) (Entered: 03/31/2003)

Feb. 7, 2003

Feb. 7, 2003

172

MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley Jr. on 1/11/07; Referring Motion: 115 MOTION to Compel Responses to Plaintiffs' Second Set of Discovery Requests; Objection 94 overruled; defendant's motion 137 for leave to file an amended motion for remedial measures and to withdraw the original motion for remedial measures is granted; 125 motion for remedial measures is denid; motion 161 for hearing is denied.cc:Counsel, KL, PH(JBM)

Jan. 11, 2007

Jan. 11, 2007

RECAP
5

STATEMENT regarding plaintiffs' Rule 26 initial disclosures by plaintiff Edward Lee Sutton, plaintiff Lester H. Turner (PRM) (Entered: 03/27/2003)

March 26, 2003

March 26, 2003

477

MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 8/19/09; the Appeal of Tammy (Benton) Duncan 448 is GRANTED. IT IS FURTHER ORDERED that the decision of the Claims Administrator is REVERSED and this matter is REMANDED to the Claims Administrator for further consideration.cc:counsel, Tammy Duncan (JBM)

Aug. 20, 2009

Aug. 20, 2009

RECAP
510

MEMORANDUM OPINION AND ORDER The motion 474 for a declaration of rights, to intervene and to hold in abeyance; and the motion 484 for equitable relief, for relief pursuant to Fed.R.Civ.P. 60(b), or in the alternative to reopen are GRANTED IN PART and DENIED IN PART. FURTHER ORDERED that by no later than 10/23/09, Claimant Chyrle Taylor, shall file a claim form with the Claims Administrator. Signed by Judge Joseph H. McKinley, Jr on 10/9/09. cc:counsel, Theresa Hinton (JBM)

Oct. 13, 2009

Oct. 13, 2009

RECAP
6

LITIGATION PLAN by defendants and plaintiffs re [4−2] (PJH) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

511

MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley, Jr on 10/8/09; No later than 10/23/09, class counsel shall provide the Claims Administrator the claim form attached to Pam Williams' letter.cc:counsel, Pam Williams (JBM)

Oct. 13, 2009

Oct. 13, 2009

RECAP
7

SCHEDULING ORDER by Magistrate Judge E. R. Goebel; telephonic scheduling conference held on 4/1/03; initial disclosures ddl set for 4/1/03; plas' disclosure of expert testimony ddl set for 6/2/03; dfts' disclosure of expert testimony ddl set for 7/1/03; motions to join add'l parties and motions to amend pleadings ddl set for 8/1/03; discovery ddl set for 10/1/03; dispositive motion ddl set for 11/3/03; telephonic status conference set for 9:30 10/2/03 before Magistrate Judge E. R. Goebel (cc: all counsel) [Entry Date: 4/2/03] (PJH) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

8

EXPERT WITNESS filed by plaintiffs (PJH) (Entered: 05/23/2003)

May 20, 2003

May 20, 2003

9

MOTION by defendants to extend time to 8/1/03 to file expert witness disclosure ; order tendered (PJH) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

10

RESPONSE (NO OBJECTION) by plaintiff to motion to extend time to 8/1/03 to file expert witness disclosure [9−1] ; order tendered (PJH) (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

FILE SUBMITTED to ERG (EAS) (Entered: 06/09/2003)

June 9, 2003

June 9, 2003

FILE RETURNED (SEALED) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

11

ORDER by Magistrate Judge E. R. Goebel granting motion to extend time to 8/1/03 to file expert witness disclosure [9−1] ; Discovery ddl set for 11/3/03 ; amendments ddl set for 9/1/03 ; dispositive motion ddl set for 12/3/03 ; telephone conf. set for 10:00 11/6/03 before Magistrate Judge E. R. Goebel (cc: all counsel) [Entry Date: 6/11/03] (SEALED) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

12

AMENDED SCHEDULING ORDER tendered . (PJH) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

13

AMENDED SCHEDULING ORDER by E. Robert Goebel on 10/28/03; Amended Pleadings due by 9/1/2003. Discovery due by 2/17/2003. Dispositive Motions due by 4/15/2004. Expert Witness (Defendant) due by 8/1/2003. Joinder of Parties due by 9/1/2003. Telephonic Status Conference set for 2/20/2004 09:30 AM before Magistrate Judge E. Robert Goebel.(PJH) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

14

STATUS REPORT by Edward Lee Sutton ; Lester H. Turner. (Attachments: # 1 Exhibit A; # 2 Exhibit B; # 3 Proposed Order)(SDB) (Entered: 02/19/2004)

Feb. 17, 2004

Feb. 17, 2004

Proceedings held before E. Robert Goebel : Telephonic Status Conference held on 2/20/2004. (PJH) (Entered: 02/24/2004)

Feb. 20, 2004

Feb. 20, 2004

15

ORDER by E. Robert Goebel on 2/20/04; Discovery due by 8/18/2004. Dispositive Motions due by 10/18/2004. Telephonic Status Conference set for 6/1/2004 09:30 AM before Magistrate Judge E. Robert Goebel.(PJH) (Entered: 02/24/2004)

Feb. 20, 2004

Feb. 20, 2004

16

STATUS REPORT and MOTION to set deadline for certification of a class action by Edward Lee Sutton and Lester H. Turner. (Attachments: # 1 Proposed Order)(PJH) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

Proceedings held before E. Robert Goebel : Telephonic Status Conference held on 6/1/2004. (PJH) (Entered: 06/10/2004)

June 1, 2004

June 1, 2004

18

AGREED ORDER tendered amending deadlines by Hopkins County, Kentucky ; Jim Lantrip ; Edward Lee Sutton ; Lester H. Turner. (PJH) Modified on 8/2/2004 − added text (PJH). (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

19

ORDER by E. Robert Goebel on 8/4/04. Discovery due by 2/18/2005. Dispositive Motions due by 4/18/2005. Certification for Class Action due by 12/1/2004. Telephonic Status Conference set for 2/22/2005 10:30 AM before Magistrate Judge E. Robert Goebel.(PJH) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

20

ORDER by E. Robert Goebel on 10/13/04. Discovery Hearing set for 10/20/2004 09:00 AM in Teleconference before Magistrate Judge E. Robert Goebel.(PJH) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

Proceedings held before E. Robert Goebel : TelephonicDiscovery Hearing held on 10/25/2004. (PJH) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

21

REPORT by E. Robert Goebel on 10/25/04. (PJH) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

22

Agreed Order extending class certification motion deadline to 1/17/05 by Hopkins County, Kentucky ; Jim Lantrip ; Edward Lee Sutton ; Lester H. Turner. (PJH) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

23

ORDER by E. Robert Goebel on 11/30/04 re 19 . Motion for Class Certification due by 1/17/2005.(PJH) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

24

MOTION to Certify as a Class Action by Edward Lee Sutton and Lester H. Turner. Responses due by 2/6/2005 (Attachments: # 1 Memorandum in Support # 2 Index of Exhibits# 3 Exhibit A − Hopkins County Policy# 4 Exhibit B − Statements of Entry Class Plaintiffs# 5 Class Action Questionnaire of Stephanie Marie Clede# 6 Class Action Questionnaire continued# 7 Class Action Questionnaire of Natasha Maria Hunter# 8 Class Action Questionnaire of Larry Wayne Martin# 9 Class Action Questionnaire of Phillip Jermaine Powell# 10 Class Action Questionnaire of Vicki Lynn Tapp# 11 Exhibit C − Statements of Release Class Plaintiffs# 12 Exhibit D − Linda Joyce Ford Statement# 13 Exhibit E − Timothy D. May Statement# 14 Exhibit F − Photograph of Undeliverable Questionnaires (not scanned)# 15 Exhibit G − George A. Eddleman, II, et al., vs. Jefferson County, Kentucky, et al.# 16 Exhibit H − Judy A. Wilson, et al., v. Franklin County Correctional Complex, et al.# 17 Proposed Order)(PJH) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

25

MOTION for Leave to file first amended complaint by Edward Lee Sutton ; Lester H. Turner. Responses due by 2/7/2005 (Attachments: # 1 Index of Exhibits# 2 Exhibit A − Blank Copy of Class Action Questionnaire# 3 Exhibit B − Photograph of Undeliverable Questionnaires# 4 Exhibit C − First Amended Complaint# 5 (Exhibit 1 to amended complaint) Hopkins County Jail Strip−Search Policy# 6 Proposed Order)(PJH) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

26

STIPULATION extending time to 2/10/05 to respond to 25 MOTION for Leave to file first amended complaint and petition to certify as a class action by Hopkins County, Kentucky ; Jim Lantrip ; Edward Lee Sutton ; Lester H. Turner. (PJH) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

27

RESPONSE to Motion re 24 MOTION to Certify Class, 25 MOTION for Leave to file first amended complaint by Hopkins County, Kentucky, Jim Lantrip. (PJH) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

28

REPLY to Response to Motion re 24 MOTION to Certify Class by Edward Lee Sutton, Lester H. Turner. (PJH) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

29

REPLY to Response to Motion re 25 MOTION for Leave to File First Amended Complaint by Edward Lee Sutton and Lester H. Turner. (LMW) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

31

ORDER by Magistrate Judge E. Robert Goebel on 03/07/2005 extending to 03/11/2005 for parties to submit agreed stipulation regarding definition of class action. cc:Counsel(CSD) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

32

Proposed Agreed Order by Hopkins County, Kentucky ; Jim Lantrip ; Edward Lee Sutton and Lester H. Turner. (LMW) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

33

JOINT STATUS REPORT by Hopkins County, Kentucky ; Jim Lantrip ; Edward Lee Sutton AND Lester H. Turner. (LMW) (Entered: 03/16/2005)

March 14, 2005

March 14, 2005

34

AGREED ORDER by Joseph H. McKinley Jr. on 3/16/2005; re 30 Status Conference 24 MOTION to Certify Class filed by Edward Lee Sutton, Lester H. Turner, 25 MOTION for Leave to filed by Edward Lee Sutton, Lester H. Turner. Case Referred to Magistrate Judge E. Robert Goebel for status conference. Motions terminated: 24 MOTION to Certify Class filed by Edward Lee Sutton, Lester H. Turner, 25 MOTION for Leave to filed by Edward Lee Sutton, Lester H. Turner. Motion for Leave to File First Amended Complaint GRANTED and Defendants have 20 days from date of this Order to answer said complaint. Motion to Certify a Class Action is GRANTED. See Order for specifics of classes certified. cc:Counsel, Magistrate Judge Goebel(LMW) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

35

FIRST AMENDED COMPLAINT against Hopkins County, Kentucky AND Jim Lantrip filed by Edward Lee Sutton AND Lester H. Turner. Related document: 1 Complaint.(LMW) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

36

ORDER by Magistrate Judge E. Robert Goebel on 03/25/2005; Telephonic Status Conference set for 4/26/2005 01:30 PM before Magistrate Judge E. Robert Goebel.cc:Counsel, K. Lovell(CSD) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

37

MOTION for Extension of Time to File Dispositive Motions by Hopkins County, Kentucky, and Jim Lantrip. Responses due by 4/13/2005 (Attachments: # 1 Proposed Order)(LMW) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

38

ORDER re Telephonic Status Conference held on 04/26/2005 before Magistrate Judge E. Robert Goebel; Telephonic Status Conference set for 6/1/2005 09:00 AM before Magistrate Judge E. Robert Goebel. cc:Counsel(CSD) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

39

Proposed Agreed Order to file Second Amended Complaint by Hopkins County, Kentucky, Jim Lantrip, Edward Lee Sutton, Lester H. Turner. (Attachments: # 1 tendered Second Amended Complaint and exhibits)(CDFS) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

40

MOTION to Substitute Second Amended Complaintby Edward Lee Sutton, Lester H. Turner. (Attachments: # 1 Proposed Order (Agreed)# 2 Proposed Second Amended Complaint)(CSD) (Entered: 06/07/2005)

June 6, 2005

June 6, 2005

41

AGREED ORDER by Magistrate Judge E. Robert Goebel on 06/08/2005 granting 40 Motion for Leave to File Second Amended Complaint. cc:Counsel(CSD) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

42

ORDER for proceedings held before Magistrate Judge E. Robert Goebel reTelephone Conference held on 6/01/2005; Settlement Conference statements due by 7/7/2005. Settlement Conference set for 7/14/2005 10:00 AM in Chambers before Magistrate Judge E. Robert Goebel. cc:Counsel(CSD) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

43

SECOND AMENDED COMPLAINT against Hopkins County, Kentucky, Jim Lantrip filed by Robin Littlepage, Tabitha Nance, Ladonia W. Nelson, Robert R. Teague, Linda Joyce Ford, Timothy D. May, Edward Lee Sutton, Lester H. Turner. Related document: 1 Complaint.(CSD) (Entered: 06/09/2005)

June 8, 2005

June 8, 2005

45

REPORT &ORDER for proceedings held before Magistrate Judge E. Robert Goebel re Settlement Conference held on 7/14/2005. Telephonic Status Conference set for 8/3/2005 11:00 AM before Magistrate Judge E. Robert Goebel for the purpose of resetting certain scheduling ddls. cc:Counsel(CSD) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

46

MOTION for Leave to File Third Party Complaint and Request to restrain and direct third party defendant not to participate in Franklin Circuit Court action by Hopkins County and Kentucky, Jim Lantrip. Responses due by 8/2/2005 (Attachments: # 1 tendered Third Party Complaint# 2 Proposed Order)(CDF) (Entered: 07/19/2005)

July 15, 2005

July 15, 2005

47

NOTICE of Appearance by Allen W. Holbrook and R. Michael Sullivan on behalf of Hopkins County, Kentucky and Jim Lantrip (CDF) (Entered: 07/19/2005)

July 15, 2005

July 15, 2005

48

ANSWER to SECOND Amended Complaint 43 by Hopkins County, Kentucky, Jim Lantrip.(JBM) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

49

RESPONSE to Motion re 46 MOTION for Leave to file Third Party Complaint; filed by movant Kentucky Association of Counties All Lines Fund Trust . Replies due by 8/15/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order)(JBM) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

50

NOTICE of Appearance as Co−Counsel by Hopkins County, Kentucky (Blankenship, Stacey) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

51

ORDER for proceedings held before E. Robert Goebel : Telephonic Status Conference held on 8/3/2005. Discovery due by 12/15/2005. Dispositive Motions due by 1/31/2006. TELEPHONE STATUS CONFERENCE set for 12/19/2005 at 9:00 AM in Chambers before Magistrate Judge E. Robert Goebel cc: Counsel, PH, KL(JBM) (Entered: 08/08/2005)

Aug. 3, 2005

Aug. 3, 2005

52

REPLY to Response to Motion re 46 MOTION for Leave to file a Third Party Complaint by Hopkins County, Kentucky. (Attachments: # 1 Proposed Order)(JBM) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

53

ORDER by E. Robert Goebel on 8/19/05; denying 46 Motion for Leave to file third−party complaint cc: Counsel, PH(JBM) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

54

SUPPLEMENTAL EXPERT REPORTS by plaintiffs (Attachments: # 1 Exhibit A)(JBM) (Entered: 08/31/2005)

Aug. 30, 2005

Aug. 30, 2005

55

Proposed Agreed Order by the parties(JBM) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

56

ORDER by E. Robert Goebel on 9/26/05; that the parties are granted leave to depose David W. Williamson at the correctional institution where he is incarcerated at a time and place to be designated by the institution.cc: Counsel(JBM) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

57

NOTICE Defendants' Supplemental Expert Report by Hopkins County, Kentucky (Attachments: # 1 Exhibit A − Supplemental Expert Report)(Blankenship, Stacey) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

58

MOTION to Dismiss by Hopkins County, Kentucky. Responses due by 10/21/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Blankenship, Stacey) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

59

Letter from Tim Lee Warner requesting to be put on the mailing list of the class action. (JBM) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

60

RESPONSE to Motion re 58 MOTION to Dismiss by Linda Joyce Ford, Timothy D. May, Robin Littlepage, Tabitha Nance, Ladonia W. Nelson, Robert R. Teague, Edward Lee Sutton and Lester H. Turner. Replies due by 11/3/2005. (Attachments: # 1 Exhibit A: Correspondence)(LMW) Additional attachment(s) added on 10/24/2005 (CSD). (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

61

NOTICE of Deficiency re 60 Response to Motion, : failure to comply by filing proposed order will be brought to the attention of the Court. Response due by 10/27/2005. (LMW) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

Response to 61 Notice of Deficiency re proposed order with DN 60 by Linda Joyce Ford, Timothy D. May, Robin Littlepage, Tabitha Nance, Ladonia W. Nelson, Robert R. Teague, Edward Lee Sutton, Lester H. Turner. (CSD) (Entered: 10/24/2005)

Oct. 21, 2005

Oct. 21, 2005

62

LETTER addressed to Tim Lee Warner concerning request for class action lawsuit paperwork. (PRM) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

63

REPLY to Response to Motion re 58 MOTION to Dismiss by Hopkins County, Kentucky. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Blankenship, Stacey) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

64

MOTION for Leave to filed Surreply to defendants reply to Response to Motion to DIsmiss by Plaintiffs. Responses due by 11/28/2005 (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(JBM) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

65

SUPPLEMENTAL EXPERT REPORT by Hopkins County, Kentucky. Responses due by 12/12/2005 (Attachments: # 1 Exhibit A−Amended Supplemental Expert Report)(Blankenship, Stacey) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

66

RESPONSE to Motion re 64 MOTION for Leave to File Surreply by Hopkins County, Kentucky. Replies due by 12/7/2005. (Blankenship, Stacey) Additional attachment(s) added on 11/23/2005 (JBM). (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

67

Proposed Order to Response to Plaintiff's Motion to File Surreply by Hopkins County, Kentucky. (Blankenship, Stacey) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

68

MOTION to Amend/Correct 51 Status Conference,, Schedules, by Hopkins County, Kentucky, Jim Lantrip. Responses due by 12/12/2005 (Attachments: # 1 Proposed Order)(Holbrook, Allen) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

69

ORDER by Joseph H. McKinley Jr. on 11/28/05; granting 64 Motion for Leave to file surreply. cc:Counsel(JBM) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

70

SURREPLY re 58 MOTION to Dismiss by Plaintiffs(JBM) (Entered: 11/30/2005)

Nov. 28, 2005

Nov. 28, 2005

71

RESPONSE to Motion re 68 MOTION to Amend 51 Scheduling Order (Incorrectly styled as a Reply) by Plaintiffs. Replies due by 12/14/2005. (Attachments: # 1 Proposed Order)(JBM) (Entered: 12/01/2005)

Nov. 30, 2005

Nov. 30, 2005

72

REPLY to Response to Motion re 68 MOTION to Amend 51 Scheduling Order by Hopkins County, Kentucky, Jim Lantrip. (JBM) (Entered: 12/15/2005)

Dec. 14, 2005

Dec. 14, 2005

73

AMENDED SCHEDULING ORDER by E. Robert Goebel on 12/16/05; Discovery due by 6/20/2006. Dispositive Motions due by 8/15/2006. Telephonic Status Conference set for 6/23/2006 at 9:00 AM in Chambers before Magistrate Judge E. Robert Goebel.cc:Counsel, PH, KL(JBM) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

74

ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 12/19/2005. Motions to amend or add Class representatives due by 1/31/2006. Jury Trial set for 1/8/2007 09:00 AM in Courtroom before Judge Joseph H. McKinley Jr. cc:Counsel, ES, PH, JC(JBM) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

76

ORDER by Joseph H. McKinley Jr. on 12/21/05; Exhibit List due by 11/8/2006. Proposed Jury Instructions due by 12/20/2006. Motions in Limine due by 11/22/2006. Responses due by 12/6/2006; Jury Trial set for 1/8/2007 at 9:00 AM in Courtroom before Judge Joseph H. McKinley Jr..cc:Counsel, JC(JBM) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

78

Proposed Agreed Protective Order by plaintiffs and Defendants (JBM) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

79

AGREED PROTECTIVE ORDER by E. Robert Goebel on 2/6/06cc:Counsel(JBM) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

80

MOTION Motion To Set Deadline For Former Inmates to Return Questionnaire by Hopkins County, Kentucky. Responses due by 2/27/2006 (Attachments: # 1 Exhibit A − Notice of Class Action# 2 Proposed Order)(Blankenship, Stacey) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

81

RESPONSE to Motion re 77 MOTION for Leave to File Third Amended Complaint by Hopkins County, Kentucky and Jim Lantrip. Replies due by 2/28/2006. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) Modified on 2/15/2006 (JBM). (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

NOTICE OF DOCKET CORRECTION re 81 Response to Motion; Error: Only one filer chosen; Correction: Defendant John Lantrip added as additional filer. (JBM) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

82

DEPOSITION of James Lantrip taken on 1/17/06 by Robin Littlepage. (Attachments: # 1 Deposition of James Lantrip (part two of two))(JBM) (Entered: 02/24/2006)

Feb. 23, 2006

Feb. 23, 2006

83

RESPONSE to Motion re 80 MOTION Motion To Set Deadline For Former Inmates to Return Questionnaire by plaintiffs Replies due by 3/9/2006. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order)(JBM) Additional attachment(s) added on 3/13/2006 (JBM). (Entered: 02/24/2006)

Feb. 23, 2006

Feb. 23, 2006

84

REPLY to Response to Motion re 77 MOTION for Leave to File Third Amended Complaint by Linda Joyce Ford, Timothy D. May, Robin Littlepage, Tabitha Nance, Ladonia W. Nelson, Robert R. Teague, Edward Lee Sutton, Lester H. Turner. (Attachments: # 1 Exhibit Exhibit A − Ltr dated 1/4/06 to Blankenship)(Greenwald, Bart) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

NOTICE OF DOCKET CORRECTION re 84 Reply to Response to Motion; Error: Typed name omitted by s/; Correction: Attorney advised of signature requirements (JBM) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

85

REPLY to Response to Motion re 80 MOTION Motion To Set Deadline For Former Inmates to Return Questionnaire by Hopkins County, Kentucky. (Blankenship, Stacey) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

86

ORDER by E. Robert Goebel on 3/9/06; granting 77 Motion for Leave to file Third Amended Complaint. Defendants shall have 20 days to answer cc:Counsel, PH(JBM) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

87

THIRD AMENDED COMPLAINT against Hopkins County, Kentucky, Jim Lantrip, filed by Daniel Todd, Tony Ward, Linda Joyce Ford, Timothy D. May, Robin Littlepage, Tabitha Nance, Ladonia W. Nelson, Robert R. Teague, Edward Lee Sutton, Lester H. Turner.(JBM) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

*** Defendants shall have 20 days to answer the Third Party complaint. Anser Due date set for 3/29/06. (JBM) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 9, 2003

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons subjected to unconstitutional strip-searches on admission and/or release from the Hopkins County Jail since 1/9/02. Two subclasses: (1) those arrested for non-violent and non-drug crimes; (2) those searched prior to release.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hopkins County (Hopkins), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,000,000

Content of Injunction:

Preliminary relief denied

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run