Case: Moya v. City of Albuquerque

1:96-cv-01257 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 12, 1996

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On September 12, 1996, two female prisoners filed a Section 1983 lawsuit in U.S. District Court District of New Mexico, seeking damages for being subjected to strip searches by male guards at the Bernalillo County Detention Center. Plaintiffs claimed that the strip searches were unconstitutional and in violation of jail policy and that women at the jail were subjected to strip searches more than male prisoners. Plaintiffs asserted claims for violations of their rights secured by the Fourth Am…

On September 12, 1996, two female prisoners filed a Section 1983 lawsuit in U.S. District Court District of New Mexico, seeking damages for being subjected to strip searches by male guards at the Bernalillo County Detention Center. Plaintiffs claimed that the strip searches were unconstitutional and in violation of jail policy and that women at the jail were subjected to strip searches more than male prisoners. Plaintiffs asserted claims for violations of their rights secured by the Fourth Amendment, the Due Process and Equal Protection Clauses of the Fourteenth Amendment and New Mexico state law.

A jury trial was held on October 27 though 30, 1997. The District Court (Magistrate Judge Don J. Svet) granted judgment as a matter of law in favor of the defendants on Counts I (Fourth Amendment claim), II (Substantive Due Process claim) and III (Equal Protection claim) on the grounds that those claims were barred by the Prison Litigation Reform Act, 42 U.S.C. § 1997 et seq. Judge Svet held that plaintiffs' claimed injuries, migraine headaches and emotional distress that induced attempted suicide, did not satisfy the physical injury requirement of the PLRA. The court stated: "a few hours of lassitude and nausea and the discomfort of having her stomach pumped is no more than a de minimus physical injury." Plaintiffs also failed to exhaust their administrative remedies as further required by the PLRA. The jury was unable to reach a verdict on Count IV and a mistrial was declared. In its Memorandum Opinion and Order dated November 11, 1996, the District Court memorialized the basis for entry of judgment for defendants on Counts I, II and III.

The case was reset for trial on Count IV.

The PACER docket indicates that a settlement conference was held before Magistrate Robert J. DeGiacomo on February 9, 1998 at which time the case settled. The parties were given two weeks to prepare the necessary closing papers. On April 3, 1998, the Court granted defendants' motion to dismiss the case. We do not have copies of the closing papers, so the terms of the settlement are unknown.

Summary Authors

Dan Dalton (11/6/2007)

People


Judge(s)

Puglisi, Richard L. (New Mexico)

Svet, Don J. (New Mexico)

Attorneys(s) for Plaintiff

Kennedy, Joseph P. (New Mexico)

Nichols, Carolyn (New Mexico)

Attorneys(s) for Defendant

Baker, Jeanne (Florida)

Judge(s)

Puglisi, Richard L. (New Mexico)

Svet, Don J. (New Mexico)

Attorneys(s) for Plaintiff

Kennedy, Joseph P. (New Mexico)

Nichols, Carolyn (New Mexico)

Attorneys(s) for Defendant

Baker, Jeanne (Florida)

Documents in the Clearinghouse

Document

1:96-cv-01257

Docket (PACER)

April 3, 1998

April 3, 1998

Docket
71

1:96-cv-01257

Memorandum Opinion and Order

Nov. 17, 1997

Nov. 17, 1997

Order/Opinion

Docket

Last updated Sept. 4, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (3 Summonses issued) (referred to Magistrate Richard L. Puglisi ) (ks) (Entered: 09/16/1996)

Sept. 12, 1996

Sept. 12, 1996

2

ANSWER by defendants [1-1] (msm) (Entered: 10/02/1996)

Oct. 1, 1996

Oct. 1, 1996

3

ENTRY OF APPEARANCE for defendants by Jeffrey Baker (ks) (Entered: 10/02/1996)

Oct. 1, 1996

Oct. 1, 1996

4

DEMAND for jury trial by plaintiff (ks) (Entered: 10/17/1996)

Oct. 15, 1996

Oct. 15, 1996

5

INITIAL SCHEDULING ORDER by Magistrate Richard L. Puglisi; that parties meet and confer by 10/29/96; provisional discovery plan and IPTR due by 11/8/96, and Rule 16 scheduling conference set on 11/21/96 at 3:30 pm (cc: all counsel) (former employee) (Entered: 10/18/1996)

Oct. 16, 1996

Oct. 16, 1996

6

PROVISIONAL DISCOVERY PLAN by the parties (kd) (Entered: 11/05/1996)

Nov. 5, 1996

Nov. 5, 1996

8

CERTIFICATE of Service by pltf of initial disclosure to counsel on 11/21/96 (former employee) (Entered: 11/26/1996)

Nov. 21, 1996

Nov. 21, 1996

9

CLERK'S MINUTES: before Magistrate Richard L. Puglisi ; Rule 16 scheduling conference was held on 11/21/96 (mk) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

7

ORDER by Magistrate Richard L. Puglisi setting a settlement conference for 4/7/97 at 9:00 am (cc: all counsel) (former employee) (Entered: 11/26/1996)

Nov. 26, 1996

Nov. 26, 1996

10

INITIAL PRE-TRIAL REPORT by Senior Judge Santiago E. Campos and Magistrate Richard L. Puglisi ; Discovery ddl set for 5/2/97 ;mtn filing ddl set for 6/2/97 ; proposed pretrial order due 7/17/97 ; Estimated # of Trial Days: 3-4; Chances of Settlement: unknown (cc: all counsel) (msm) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

11

MINUTE ORDER: Jury Trial set at 9:00 am on 9/8/97 on a trailing docket in Santa Fe, NM (cc: all counsel) (msm) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

12

CERTIFICATE of Service by pltf of 1st set of interrog to counsel on 1/7/97 (former employee) (Entered: 01/07/1997)

Jan. 7, 1997

Jan. 7, 1997

13

ORDER by Senior Judge Santiago E. Campos upon consent of parties this case is transferred to Magistrate Don J. Svet for final disposition (cc: all counsel) (sl) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

14

CERTIFICATE of service by defendants of 1st set of interrog & request for production of documents to counsel on 1/10/97 (sl) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

15

CERTIFICATE of Service by pltf of initial disclosures to counsel on 1/23/97 (former employee) (Entered: 01/30/1997)

Jan. 24, 1997

Jan. 24, 1997

16

CERTIFICATE of Service by defts of Answers to pltf's 1st Set of Interrog(s) to counsel on 2/4/97 (rd) (Entered: 02/04/1997)

Feb. 4, 1997

Feb. 4, 1997

17

MINUTE ORDER: by Magistrate Judge Don J. Svet setting jury trial ; Jury trial set for 9/8/97 at 9:00 am in Albuquerque, NM (cc: all counsel) (sl) (Entered: 03/05/1997)

March 5, 1997

March 5, 1997

18

ENTRY OF APPEARANCE for plaintiff Sharon Moya by Carolyn M. Nichols (dmw) (Entered: 04/02/1997)

April 2, 1997

April 2, 1997

19

STIPULATED ORDER by Magistrate Richard L. Puglisi vacating settlement conference set on 4/7/97 (cc: all counsel) (dmw) (Entered: 04/08/1997)

April 8, 1997

April 8, 1997

20

ORDER by Magistrate Richard L. Puglisi resetting settlement conference for 8/4/97 at 1:30 pm in Albuquerque, NM (cc: all counsel) (jrm) (Entered: 04/09/1997)

April 9, 1997

April 9, 1997

21

MOTION by pltf to amend the complaint and join Lisa Martinez (kd) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

22

MEMORANDUM by pltf in support of mtn to amend the complaint and join Lisa Martinez [21-1] (kd) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

24

REPLY by pltf to response to mtn to amend the complaint and join Lisa Martinez [21-1] (kd) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

25

ORDER by Magistrate Don J. Svet granting plaintiff's motion to amend the complaint and join Lisa Martinez [21-1] (cc: all counsel) (dmw) (Entered: 05/13/1997)

May 13, 1997

May 13, 1997

26

FIRST AMENDED COMPLAINT [1-1] by plaintiff; adding Lisa Martinez (jrm) (Entered: 05/27/1997)

May 23, 1997

May 23, 1997

27

CERTIFICATE of Service by pltfs of the 1st amended complaint to counsel on 5/23/97 and 6/4/97 (kd) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

28

ANSWER by defendants w/affirmative defenses to 1st amended complaint [26- 1] (jrm) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

29

MINUTE ORDER: Jury trial reset for 10/6/97 at 9:00 am in Albuquerque, NM before Magistrate Judge Svet (cc: all counsel) (kd) (Entered: 07/17/1997)

July 17, 1997

July 17, 1997

30

JOINT MOTION by the parties for Extension of Pre-trial Order deadlines and to vacate and re-set the Pre-trial Conference (kd) (Entered: 07/18/1997)

July 18, 1997

July 18, 1997

31

ORDER by Magistrate Don J. Svet granting joint motion to extend pretrial deadlines [30-1] Pretrial order ddl 9/3/97; Pretrial conference set on 9/9/97 at 1:30 pm (cc: all counsel) (dmw) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

32

ORDER by Magistrate Richard L. Puglisi vacating and resetting the settlement conference for 9/8/97 at 9:30 am in Albuquerque, NM (cc: all counsel) (jrm) (Entered: 07/24/1997)

July 24, 1997

July 24, 1997

33

ORDER sua sponte by Magistrate Don J. Svet Pretrial conference reset for 9/17/97 at 8:30 am in Albuquerque, NM (cc: all counsel) (kd) (Entered: 08/04/1997)

Aug. 4, 1997

Aug. 4, 1997

34

MOTION by plaintiffs to withdraw attorney Joseph P Kennedy as attorney of record for pltfs (jrm) (Entered: 08/25/1997)

Aug. 22, 1997

Aug. 22, 1997

35

STIPULATED ORDER by Magistrate Richard L. Puglisi that NM Corrections Dept shall transport Lisa Martinez to Judge Puglisi's courtroom on 9/8/97 at 8:30 am for settlement conference (cc: all counsel) (dmw) (Entered: 08/26/1997)

Aug. 26, 1997

Aug. 26, 1997

36

ORDER by Magistrate Don J. Svet granting plaintiffs' motion to withdraw attorney Joseph P Kennedy [34-1] (cc: all counsel) (dmw) (Entered: 08/27/1997)

Aug. 27, 1997

Aug. 27, 1997

SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi on 9/8/97; case did not settle (kd) (Entered: 09/09/1997)

Sept. 9, 1997

Sept. 9, 1997

37

MINUTE ORDER: Jury trial reset on 10/27/97 at 1:30 pm before Magistrate Don J. Svet (CLERK: mm) (cc: all counsel) (dmw) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

38

PRE-TRIAL ORDER by Magistrate Don J. Svet (cc: all counsel) (dmw) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

40

PRAECIPE by City defendants' proposed instructions [39-1] (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

41

REQUESTED VOIR DIRE submitted by defendants (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

42

WITNESS list submitted by defendants (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

43

TRIAL brief submitted by defendants (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

44

MOTION by plaintiff in limine and memorandum in suport thereof: Federal Rules of Evidence 403 and 412 (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

45

MOTION by plaintiffs in limine and memorandum in support thereof: Federal Rule of Evidence 403 (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

46

TRIAL memorandum submitted by plaintiffs (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

47

REQUSTED VOIR DIRE submitted by plaintiffs (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

48

CONSOLIDATED WITNESS list submitted by pltfs and defts (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

49

EXHIBIT list by plaintiffs (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

50

JURY INSTRUCTIONS submitted by plaintiffs (numbered w/citations) (jrm) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

51

VOIR DIRE topics & specific questions submitted by plaintiffs (dmw) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

52

EXHIBIT list by defendants (jrm) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

53

(BRIEF) BENCH MEMORANDUM FILED by plaintiffs regarding defts' anticipated motion for judgment as a matter of law pursuant to the prison litigation reform act (jrm) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

54

STIPULATED ORDER FOR TRANSPORT by Magistrate Don J. Svet as described herein (see Order for specifics) (cc: all counsel) (jrm) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

55

CONSOLIDATED EXHIBIT list identifying all exhibits the parties have stipulated to be authentic, but to which there are other objections (dmw) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

56

CONSOLIDATED EXHIBIT list identifying all exhibits that the parties have stipulated are admissible (dmw) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

57

MOTION & memorandum brief in support by defendant to quash subpoena duces tecum (dmw) (Entered: 10/24/1997)

Oct. 24, 1997

Oct. 24, 1997

58

RESPONSE by defendants to motion in limine: Federal Rule of Evidence 403 & 412 [44-1] (dmw) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

60

OBJECTIONS by defendants to use of deposition testimony of Veronica Dominguez (dmw) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

61

REPLY by defendants to response to motion to quash subpoena duces tecum [57-1] (dmw) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

62

RESPONSE by plaintiff to motion to quash subpoena duces tecum [57-1] (dmw) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

63

CLERK'S MINUTES: before Magistrate Don J. Svet; jury impaneled, pre-trial motions heard; C/R: Tina Martinez (dmw) (Entered: 10/29/1997)

Oct. 27, 1997

Oct. 27, 1997

64

CLERK'S MINUTES: before Magistrate Don J. Svet jury trial began C/R: Karen Rodriquez (dmw) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

65

CLERK'S MINUTES: before Magistrate Don J. Svet; jury trial continued; C/R: Karen Rodriguez (dmw) (Entered: 10/30/1997)

Oct. 29, 1997

Oct. 29, 1997

66

NOTICE by pltf of requested verdict form (kd) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

67

SUPPLEMENTAL REQUESTED JURY INSTRUCTIONS submitted by pltf (kd) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

68

CLERK'S MINUTES: before Magistrate Don J. Svet jury trial ended; mistrial C/R: Karen Rodriguez (dmw) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

69

RECEIPT FOR TRIAL EXHIBITS by defendants (dmw) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

70

RECEIPT FOR TRIAL EXHIBITS by plaintiffs (dmw) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

71

MEMORANDUM, OPINION, AND ORDER: by Magistrate Don J. Svet re defendants' oral motion for judgment as a matter of law (cc: all counsel) (dmw) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

72

JUDGMENT: by Magistrate Don J. Svet dismissing counts I, II & III of the complaint with prejudice (cc: all counsel) (dmw) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

73

ORDER by Magistrate Robert J. DeGiacomo setting settlement conference on 2/9/98 at 9:00 am (cc: all counsel by cb) (dmw) (Entered: 01/07/1998)

Jan. 5, 1998

Jan. 5, 1998

74

ORDER by Magistrate Don J. Svet Pretrial conference set for 1/20/98 at 8:30 am ; Jury trial set for 2/17/98 at 9:00 am (cc: all counsel electronically) (jrm) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

PARTIAL TRANSCRIPT OF PROCEEDINGS before Magistrate Don J. Svet held on 10/28/97; (Testimony of Sharon Moya) (re [64-2] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

PARTIAL TRANSCRIPT OF PROCEEDINGS before Magistrate Don J. Svet Trial held on 10/28/97; (re [64-2] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

PARTIAL TRANSCRIPT OF PROCEEDINGS (Testimony of Liza Martinez) before Magistrate Don J. Svet held on 10/27/97; (re [63-1] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

75

ORDER by Magistrate Robert J. DeGiacomo that NM Corrections Dept transport pltf Lisa Martinez on 2/9/98 for settlement conference (cc: all counsel) (dmw) (Entered: 01/27/1998)

Jan. 27, 1998

Jan. 27, 1998

78

UNOPPOSED MOTION by pltfs of continuance of trial setting of February 17, 1998 and pre-trial deadlines and memorandum in support thereof (rd) Modified on 02/03/1998 (Entered: 02/03/1998)

Jan. 29, 1998

Jan. 29, 1998

77

STIPULATED ORDER by Magistrate Robert J. DeGiacomo for transport of pltf Sharon Moya from Espanola Detention Center for settlement conference on 2/9/98 at 9:00 am (cc: all counsel) (dmw) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

76

ORDER by Magistrate Don J. Svet granting pltf's motion to continue trial setting set for 2/17/98 (motion not in system) ; Jury trial re-set for 5/18/98 at 9:00 in Albuquerque, NM (cc: all counsel, electronic mailing) (sl) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

79

MOTION by plaintiffs for order for certification of memorandun opinion and order for interlocutory appeal (jrm) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

80

MEMORANDUM by plaintiffs in support of motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

81

RESPONSE by defendants to motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

82

REPLY by plaintiffs to response to motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

SETTLEMENT CONFERENCE held before Magistrate Robert J. DeGiacomo; case settled (dmw) (Entered: 02/11/1998)

Feb. 9, 1998

Feb. 9, 1998

83

NOTICE to counsel from Magistrate Robert J. DeGiacomo that closing documents must be filed by 2/23/98 (dmw) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

84

ORDER by Magistrate Don J. Svet granting defts' motion to dismiss complaint with prejudice (motion not in system) dismissing case (cc: all counsel) (sl) (Entered: 04/03/1998)

April 3, 1998

April 3, 1998

Case Details

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 12, 1996

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two females subjected to unlawful strip searches.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Albuquerque, City

Bernalillo County Detention Center (Bernalillo), 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

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run