Case: Sarnicola v. County of Westchester

7:01-cv-06078 | U.S. District Court for the Southern District of New York

Filed Date: July 5, 2001

Clearinghouse coding complete

Case Summary

On July 5, 2001, plaintiff, twenty six year old Nicole Sarnicola, filed a civil rights action, pursuant to 42 U.S.C. §1983, in the U.S. District Court for the Southern District of New York against the County of Westchester and individual police officers, alleging that she was subjected to false arrest and an illegal strip search. Plaintiff sought monetary and injunctive relief. The complaint was amended on October 16, 2001.On January 8, 2002, the parties agreed to a partial dismissal of certai…

On July 5, 2001, plaintiff, twenty six year old Nicole Sarnicola, filed a civil rights action, pursuant to 42 U.S.C. §1983, in the U.S. District Court for the Southern District of New York against the County of Westchester and individual police officers, alleging that she was subjected to false arrest and an illegal strip search. Plaintiff sought monetary and injunctive relief. The complaint was amended on October 16, 2001.

On January 8, 2002, the parties agreed to a partial dismissal of certain individually named officer defendants. The case remained pending against Westchester County and one individual officer, who then moved for summary judgment on February 7, 2002. On February 22, 2002, plaintiff responded by filing a cross-motion for summary judgment.

On October 24, 2002, district judge Colleen McMahon issued her memorandum decision, granting in part and denying in part plaintiff's cross-motion for summary judgment, and granting in part, denying in part defendants' motion for summary judgment. Judge McMahon ruled that on the record presented the police had probable cause to arrest plaintiff for suspicion of drug related activity and that plaintiff was not subjected to excessive detention, thereby defeating plaintiff's false arrest claim. The court further held that the defendant officer was not constitutionally justified in ordering a strip search of plaintiff, when there was no particularized reasonable belief that she was secreting drugs or other contraband and that he was not entitled to qualified immunity for his actions. The court denied Westchester County's motion, finding that there was a factual dispute in the record as to whether the strip search was conducted pursuant to an unconstitutional custom or practice of the County's police department.

On November 14, 2005, defendants filed a notice of appeal. The parties then arrived at a settlement and the case was voluntarily dismissed by the parties on January 13, 2003 and defendants' appeal was withdrawn.

Summary Authors

Dan Dalton (12/29/2006)

People


Judge(s)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Meyerson, James I. (New York)

Attorneys(s) for Defendant

Felix, Jane Hogan (New York)

Indelicato, Charlene M. (New York)

Nicolas, Mary Lynn (New York)

Judge(s)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Meyerson, James I. (New York)

Attorneys(s) for Defendant

Felix, Jane Hogan (New York)

Indelicato, Charlene M. (New York)

Nicolas, Mary Lynn (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

April 14, 2003 Docket

Westchester County P.D. Procedure for Prisoner Transports; Searching/Handcuffing

No Court

Jan. 1, 1992 Statute/Ordinance/Regulation

Westchester County P.D. Procedure for Search Detention and Transportation of Female Prisoners

Sarnicola v. County of Westchester

No Court

Jan. 1, 1992 Statute/Ordinance/Regulation

Westchester County P.D. Rules and Procedures for Prisoner Detention

Sarnicola v. County of Westchester

No Court

June 15, 1995 Statute/Ordinance/Regulation
1

Complaint/Jury Trial

July 5, 2001 Complaint
14

Defendants' Memorandum of Law in Support of their Motion for Summary Judgment

Feb. 7, 2002 Pleading / Motion / Brief
13

Defendant County of Westchester's Statement Pursuant to Local Rule 56.1

Feb. 7, 2002 Pleading / Motion / Brief

Affidavit of Nicole Sarnicola

Feb. 16, 2002 Pleading / Motion / Brief

Declaration and Affirmation of James I. Meyerson

Feb. 17, 2002 Pleading / Motion / Brief

Plaintiff's Consolidated Local Rule 56.1 Statement in Support of Her Cross Motion, Motion for Summary Judgment/Counter Rule 56.1 Statement Relative to the Defendants' Rule 56.1 Statement

Sarnicola v. City of New York

Feb. 22, 2002 Pleading / Motion / Brief

Resources

Title Description External URL

Legal Construction of Litigation Threat in a Correctional Organization: A Case Study of Sarnicola v County of Westchester

Patrick Troy

This paper focuses on issues of legal construction in the context of a correctional organization. Specifically, through an examination of Sarnicola v. County of Westchester--No. 01-CV-6078 (S.D.N.Y.… Dec. 4, 2004

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 410837. (sv) (Entered: 07/06/2001)

July 5, 2001

Magistrate Judge Mark D. Fox is so designated. (sv) (Entered: 07/06/2001)

July 5, 2001
2

ANSWER to Complaint by The County of Westch, John Does, Beckley, Vinnie Antonucci, Mark Pierro (Attorney Jane Hogan Felix from the Firm: Westchester Co. DA) . (ll) (Entered: 07/25/2001)

July 24, 2001
3

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided, a pretrial conference will be held for 9:00 9/28/01 , in courtroom 521, 300 Quarropas Street, White Plains, NY... ( signed by Judge Colleen McMahon ) (dc) (Entered: 08/03/2001)

Aug. 2, 2001

Memorandum to Docket Clerk: 09/28/01 - Parties Present. Scheduling Order & Mag. referred attached. See documents for details. Submitted By: CM, USDJ. (dc) (Entered: 10/03/2001)

Oct. 1, 2001
4

Order that case be referred to a Magistrate Judge for Any and All Discovery Disputes and Settlement Conference. Referred to Magistrate Judge Mark D. Fox . ( signed by Judge Colleen McMahon ) (pf) (Entered: 10/04/2001)

Oct. 1, 2001
5

SCHEDULING ORDER: Consent Scheduling Order: Rule 26(a) discovery completed. No additional parties may be oined after 11/30/01. No amendments to the pleadings afte 11/30/01. All discvoery shall be completed on or before 12/30/01. Plaintiff's deposition shall proceed first and must be completed by 11/30/01. A joint pretrial order shall be filed on or before 2/02/02. Responses to in limine motions shall be filed by 2/16/02. . ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 10/05/2001)

Oct. 1, 2001
6

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, ...(see document for details)...So Ordered: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (pf) (Entered: 10/16/2001)

Oct. 15, 2001
8

Stipulation & ORDER of terms and conditions to govern the acquisition, retention and disclosure of documents, etc. (see document for details) So Ordered: . ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (ll) (Entered: 10/22/2001)

Oct. 15, 2001
7

AMENDED COMPLAINT by Nicole Sarnicola (Answer due 10/29/01 for Mark Pierro, for Vinnie Antonucci, for Beckley, for John Does, for The County of Westch ) amending [1-1] complaint against Thomas McGurn; Summons issued. (ll) (Entered: 10/18/2001)

Oct. 16, 2001
9

AMENDED ANSWER to Complaint by The County of Westch, Maria Beckley, Vincent Antonecchia, Mark Pierro, Thomas McGurn. (dc) (Entered: 10/30/2001)

Oct. 29, 2001
10

PARTIAL STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiff and deft's, County of Westchester and the individually named deft's, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the actio, the above entitled action be, and the same hereby is dismissed as against deft's Westchester County Police Officer Ana Maria Beckley, Westchester County Police Officer Vincent Antonechia, Westchester County Police Officer Mark Pierro and Westchester County Police Officers sued herein as "John Does", with prejudice and without costs to either party as against the other. Cae to remain open against Thomas McGurn and Westchester County. SO ORDERED: ( signed by Judge Colleen McMahon ) (dc) (Entered: 01/09/2002)

Jan. 8, 2002
11

Memo-Endorsement on letter addressed to Judge McMahon from Jane Hogan Felix, dated 01/08/02. Re: Request for a thirty day adjournment until 03/01/02, for the submission of all pretrial filings as mandated by your individual practice rules. ENDORSED: Application Granted. ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 01/11/2002)

Jan. 10, 2002
12

NOTICE OF MOTION by The County of Westch, Thomas McGurn for summary judgment . Return date 3/1/02. (pf) (Entered: 02/08/2002)

Feb. 7, 2002
13

RULE 56.1 STATEMENT filed by The County of Westch, Thomas McGurn (pf) (Entered: 02/08/2002)

Feb. 7, 2002
14

MEMORANDUM OF LAW by The County of Westch, Thomas McGurn in support of [12-1] motion for summary judgment . (pf) (Entered: 02/08/2002)

Feb. 7, 2002
15

Memo-Endorsement on letter addressed to Judge McMahon from James I. Meyerson, dated February 14, 2002. Re: seeking to filed a memorandum in opposition. ENDORSED: Granted - but try to make it shorter. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 02/20/2002)

Feb. 15, 2002
17

RESPONSE by Nicole Sarnicola Re: [13-1] settlement notice (pf) (Entered: 02/22/2002)

Feb. 22, 2002
18

RULE 56.1 STATEMENT filed by Nicole Sarnicola (pf) (Entered: 02/22/2002)

Feb. 22, 2002
19

MEMORANDUM OF LAW by Nicole Sarnicola in support of [16-1] cross motion for summary judgment, and in opposition to [12-1] motion for summary judgment . (pf) (Entered: 02/22/2002)

Feb. 22, 2002
20

MEMORANDUM OF LAW in Reply by The County of Westch in opposition to Co. Defendant's motion for summary judgment and in opposition to [16-1] cross motion for summary judgment, (ll) (Entered: 03/01/2002)

March 1, 2002
21

Trial BRIEF by The County of Westch and Thomas McGurn re: (ll) (Entered: 03/01/2002)

March 1, 2002
22

MEMORANDUM OF LAW by The County of Westch in support of motion to preclude. (ll) (Entered: 03/01/2002)

March 1, 2002
23

NOTICE OF MOTION by The County of Westch to preclude the plaintiff from offering certain irrelevant evidence at the trial of this matter and for such other and further relief . Return date 3/15/02. (ll) (Entered: 03/01/2002)

March 1, 2002
24

RULE 56.1 STATEMENT filed by The County of Westch (ll) (Entered: 03/01/2002)

March 1, 2002
25

unsigned pretrial ORDER . (); Copies mailed. (ll) (Entered: 03/01/2002)

March 1, 2002

REPLY by Nicole Sarnicola Re: [23-1] motion to preclude the plaintiff from offering certain irrelevant evidence at the trial of this matter and for such other and further relief (sv) (Entered: 03/08/2002)

March 7, 2002
26

RESPONSE by Nicole Sarnicola to [23-1] motion to preclude the plaintiff from offering certain irrelevant evidence at the trial of this matter and for such other and further relief (sv) (Entered: 03/08/2002)

March 7, 2002
27

PLAINTIFF'S TRIAL MEMORANDUM by Nicole Sarnicola. (dc) (Entered: 03/11/2002)

March 11, 2002
28

REPLY by Nicole Sarnicola Re: (sv) (Entered: 03/12/2002)

March 12, 2002
29

Letter filed addressed to All Counsel from Judge McMahon, dated 9-20-02, re: additional briefing for summary judgment. (dh) (Entered: 09/23/2002)

Sept. 23, 2002
30

MEMORANDUM OF LAW by Nicole Sarnicola re: [29-1] miscellaneous . (sv) (Entered: 10/02/2002)

Oct. 1, 2002
31

Memo-Endorsement on letter addressed to Judge McMahon from James I. Meyerson, dated September 30, 2002. Re: whether or not the parties are permitted a response to the other's primary submission....Endorsed: I don't think I should need further respones - but I'll let you know if I do. . ( signed by Judge Colleen McMahon ); (sv) (Entered: 10/02/2002)

Oct. 1, 2002
33

Letter filed by The County of Westch addressed to Honorable Jude McMahon from Jane Hogan Felix, dated September 27, 2002, re: response to your Honor's request that the paties brief the following questions...... (sv) (Entered: 10/25/2002)

Oct. 25, 2002
34

Letter filed by Nicole Sarnicola addressed to Judge McMahon from James I. Meyerson, dated April 17. 2002, re: supplement prior submissions. (sv) (Entered: 10/25/2002)

Oct. 25, 2002
35

NOTICE OF APPEAL by The County of Westch, Thomas McGurn from [32-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Mary Lynn Nicholas, James I. Meyerson . (sv) (Entered: 11/19/2002)

Nov. 14, 2002

Notice of appeal and certified copy of docket to USCA: [35-1] appeal by Thomas McGurn, The County of Westch ; Copy of notice of appeal sent to District Judge. $105.00 Fee Paid. Receipt #451543, C&D Forms Issued (sv) (Entered: 11/19/2002)

Nov. 14, 2002
36

Memo-Endorsement on letter addressed to Judge McMahon from Lori A. Alesio, dated November 22, 2002. Re: Consel therefore jointly requests that this matter be stayed until the beginning of next year. ENDORSED: Stay granted. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 12/02/2002)

Nov. 27, 2002
37

STIPULATION OF DISCONTINUANCE: It is hereby Stipulated and Agreed by and among the parties to the matter that this matter is hereby discontinued with prejudice, each party to bear its own costs. So Ordered: ( signed by Judge Colleen McMahon ) Copies mailed by Clerk's Office (pf) (Entered: 01/14/2003)

Jan. 13, 2003

Case closed. (pf) (Entered: 01/14/2003)

Jan. 13, 2003
38

MANDATE OF USCA (certified copy) Re: [35-1] appeal by Thomas McGurn, The County of Westch ... In light of the Settlement Agreement and Stipulation of Discontinuance executed by the parties in the U.S. District Court for the SDNY..., the undersigned hereby stipulate that the appeal is hereby withdrawn without costs and without any attys' fees pursuant to Rule 42(b) of the Fed. Rules of Appellate Procedure. (CERTIFIED: 4/4/03) Copies mailed by Clerk's Office (pf) (Entered: 04/15/2003)

April 14, 2003

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: July 5, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arrestee suing county, police department and sergeant, claiming false arrest and unlawful strip search

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Westchester County Police Department (Westchester), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Racial profiling