Case: Jackson v. County of Bexar

5:07-cv-00928 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 15, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 15, 2007, an individual who was strip searched after being charged with a petty crime filed this class action lawsuit in the U.S. District Court for the Western District of Texas. Represented by the Texas Civil Rights Project and private counsel, the plaintiff sued under 42 U.S.C. § 1983, challenging as unconstitutional Bexar County Detention Center's policy or custom of strip searching misdemeanant arrestees even where they were not suspected of concealing weapons or contraband.Spe…

On November 15, 2007, an individual who was strip searched after being charged with a petty crime filed this class action lawsuit in the U.S. District Court for the Western District of Texas. Represented by the Texas Civil Rights Project and private counsel, the plaintiff sued under 42 U.S.C. § 1983, challenging as unconstitutional Bexar County Detention Center's policy or custom of strip searching misdemeanant arrestees even where they were not suspected of concealing weapons or contraband.

Specifically, the plaintiff alleged that she was arrested for an outstanding traffic warrant and taken to the Bexar County Detention Center, where she was subjected to a strip search upon admission. The plaintiff further alleged that, after being held for two days, she and 25 other pretrial detainees were ordered to change into jail-issued uniforms, at which time she was again strip searched. The plaintiffs allege that detainees were told to manipulate genitalia and sometimes "squat and cough" regardless of whether there was reasonable suspicion of contraband or weapons. The plaintiff claimed that the strip searches violated her Fourth and Fourteenth Amendment rights in that they were conducted in the absence of any reasonable suspicion that she was hiding weapons or contraband. To remedy the alleged constitutional violation, the plaintiff sought declaratory and injunctive relief, as well as class certification.

On April 2, 2009, both parties agreed to a consent decree that would provide permanent injunctive relief without further litigation. The decree dictated that the County Detention Center would no longer, absent reasonable suspicion that someone is concealing contraband, engage in the practice of strip searching or visual cavity searching those in their custody who are charged with misdemeanors. The County Detention Center also had to provide the court with an annual report regarding the implementation of the consent decree. Nothing in the consent decree addressed the plaintiff's request for compensatory and punitive damages. The court retained jurisdiction to enforce the decree. The decree was signed by Judge Fred Biery of the Western District of Texas.

On November 16, 2009, the plaintiffs filed a second amended complaint. The parties continued to engage in discovery and settlement talks to resolve the damages claims. On August 26, 2010, the plaintiffs' submitted a motion of preliminary approval of the class-action settlement. The court preliminarily approved the settlement on October 13, 2010. After a fairness hearing, a final order of approval was granted on January 12, 2011.

The settlement agreement certified a class of plaintiffs composed of all detainees of Bexar County Detention Center between November 2005 and April 2009 who were subjected to strip searches and booked on misdemeanor or other minor charges. Those with felonies were not included. The class also had two subclasses. Subclass I was composed of all detainees not in subclass II, and subclass II included detainees booked on narcotics, shoplifting, and weapons-violation misdemeanors. All members of the class were to receive a pro rata share of the settlement after administrative expenses, attorneys' fees, and other expenses are counted for.

Attorneys' fees were $900,000 for this case. The court found this reasonable considering the amount of time put in and the complexity of the case. The settlement included $395,000 for the claim administrator, and $15,000 was given to the three class representatives for their work in the lawsuit. The fund was then be used to pay class members. Class members in subclass I could receive up to $1,000, and members of subclass II can receive up to $100. Class members could pay off court fines and fees in Bexar County with their settlement funds, but this was capped at $500 and $50 for the subclasses respectively.

On January 28, 2013, however, the district court dismissed this case, thus vacating and revoking the settlement agreement. In 2012, the Supreme Court decided Florence v. Board of Chosen Freeholders of County of Burlington, holding that jail administrators may require all arrestees committed to the general population of the jail to undergo a no-touch visual strip search, even if the detainees is booked for a minor offense or reasonable suspicion is absent. The plaintiffs, their attorneys, and class members were not required to pay back any fees or funds they were awarded, but the County no longer needed to abide by the consent decree from April 9, 2009, that details how their strip search policy is to be conducted. They were now guided by the decision in Florence.

Summary Authors

Dan Dalton (11/27/2007)

Erin Pamukcu (2/19/2016)

Salvatore Mancina (3/18/2017)

People


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Chelkowski, Kerrisa J. (Texas)

Harrington, James C (Texas)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Lock, Sam Howard (Texas)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Walton, Brent (District of Columbia)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Chelkowski, Kerrisa J. (Texas)

Harrington, James C (Texas)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Lock, Sam Howard (Texas)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Walton, Brent (District of Columbia)

Warren, Alexandra C. (District of Columbia)

Attorneys(s) for Defendant

Gregory, Sue Ann (Texas)

Hanson, Lori W (Texas)

Johnson, William P (Texas)

Kurth, Laurence S (Texas)

Other Attorney(s)

Gonzalez, Randolph V (Texas)

Thompson, Jason J (Texas)

Documents in the Clearinghouse

Document

5:07-cv-00928

Docket [PACER]

Jackson v. The County of Bexar

Jan. 28, 2013

Jan. 28, 2013

Docket
1

5:07-cv-00928

Class Action Complaint

Jackson v. The County of Bexar

Nov. 15, 2007

Nov. 15, 2007

Complaint
58

5:07-cv-00928

Joint Motion for Protective Order, Certificate of Service, Agreed Protective Order

Jan. 15, 2009

Jan. 15, 2009

Pleading / Motion / Brief
63

5:07-cv-00928

Consent Decree

Jackson v. The County of Bexar

April 2, 2009

April 2, 2009

Order/Opinion
92

5:07-cv-00928

Second Amended Class Action Complaint

Nov. 16, 2009

Nov. 16, 2009

Complaint
113

5:07-cv-00928

Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Brief in Support Thereof

Jackson v. The County of Bexar

Aug. 26, 2010

Aug. 26, 2010

Pleading / Motion / Brief
116

5:07-cv-00928

Order Preliminarily Approving Settlement

Jackson v. The County of Bexar

Oct. 13, 2010

Oct. 13, 2010

Order/Opinion
128

5:07-cv-00928

Order Granting Final Approval of Class Action Settlement and Judgment

Jan. 12, 2011

Jan. 12, 2011

Order/Opinion
181

5:07-cv-00928

Amended Unopposed Consent Decree and Final Judgment

Jan. 28, 2013

Jan. 28, 2013

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (ga) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

1

COMPLAINT ( Filing fee $ 350 receipt number 20938), filed by Julia Ann Jackson. (Attachments: # 1 Exhibit A and # 2 Civil Cover Sheet plus receipt)(ga) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

2

Summons Issued as to The County of Bexar. (ga) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

3

MOTION to Appear Pro Hac Vice by Charles J. LaDuca by on behalf of Julia Ann Jackson. (Attachments: # 1 proposed order)(rf) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

4

MOTION to Appear Pro Hac Vice by Alexandra C. Warren by on behalf of Julia Ann Jackson. (Attachments: # 1 proposed order)(rf) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

5

Pro Hac Vice Fee Paid by Charles J. LaDuca; Filing fee $ 25, receipt number 209427. (ga) (Entered: 11/20/2007)

Nov. 19, 2007

Nov. 19, 2007

6

Pro Hac Vice Fee Paid by Alexandra C. Warren; Filing fee $ 25, receipt number 209428. (ga) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

7

Letter/Correspondence to Attorney Gary E. Mason regarding admission status. (ga) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

8

MOTION to Appear Pro Hac Vice by R. Brent Walton by on behalf of Julia Ann Jackson. (Attachments: # 1 proposed order)(rf) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

9

ANSWER to Complaint by The County of Bexar.(rf) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

10

NOTICE of Vacation by The County of Bexar (Gregory, Sue) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

11

Pro Hac Vice Fee Paid by R. Brent Walton; Filing fee $ 25, receipt number 209727. (pjr, ) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

12

ORDER for Scheduling Recommendations And Advisory Concerning Assignment of Magistrate Judge. The Parties shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (rf) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

13

ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice; granting 8 Motion to Appear Pro Hac Vice. Signed by Judge Fred Biery. (rf) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

14

MOTION to Appear Pro Hac Vice by Alexander E. Barnett by on behalf of Julia Ann Jackson. (rf) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

15

MOTION to Appear Pro Hac Vice by Gary E. Mason by on behalf of Julia Ann Jackson. (rf) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

17

Pro Hac Vice Fee Paid by Alexander E. Barnett, Gary E. Mason, Nicholas A. Migliaccio; Filing fee $ 75. (rf) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

19

Pro Hac Vice Fee Paid by Gary E. Mason; Filing fee $ 25, receipt number 209811. (ep, ) (Entered: 12/17/2007)

Dec. 14, 2007

Dec. 14, 2007

20

Pro Hac Vice Fee Paid by Alexander E. Barnett; Filing fee $ 25, receipt number 209812. (ep, ) (Entered: 12/17/2007)

Dec. 14, 2007

Dec. 14, 2007

21

Pro Hac Vice Fee Paid by Nicholas A. Migliaccio; Filing fee $ 25, receipt number 209813. (ep, ) (Entered: 12/17/2007)

Dec. 14, 2007

Dec. 14, 2007

18

ORDER granting 14 Motion to Appear Pro Hac Vice; granting 15 Motion to Appear Pro Hac Vice; granting 16 Motion to Appear Pro Hac Vice. Signed by Judge Fred Biery. (rf) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

22

MOTION to Appear Pro Hac Vice by Elmer Robert Keach, III on behalf of Julia Ann Jackson. (Warren, Alexandra) Modified on 1/2/2008, to reflect correct counsel (rf). (Entered: 01/02/2008)

Jan. 2, 2008

Jan. 2, 2008

Notice of Correction: **NOTIFIED COUNSEL OF MODIFICATION OF TEXT TO REFLECT PROPOER COUNSEL FILING MOTION**** re 22 MOTION to Appear Pro Hac Vice by Alexandra C. Warren. (rf) (Entered: 01/02/2008)

Jan. 2, 2008

Jan. 2, 2008

23

ORDER granting 22 Motion of Robert Keach, III, to Appear Pro Hac Vice. Signed by Judge Fred Biery. (rf) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

24

Pro Hac Vice Fee Paid by Elmer Robert Keach, III; Filing fee $ 25 recvd. 1/7/08, receipt number 210105. (ga) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

25

Scheduling Recommendations by Julia Ann Jackson, The County of Bexar. (Warren, Alexandra) Modified on 1/18/2008, to add filer (rf). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

Notice of Correction: ***NOTIFIED COUNSEL OF ADDITION OF FILER − The County of Bexar***** re 25 Scheduling Recommendations/Proposed Scheduling Order. (rf) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

26

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 Order for Scheduling Recommendations/Proposed Scheduling Order, Notice of Right to Consent to Magistrate Trial,, by The County of Bexar. (Attachments: # 1 Proposed Order)(Gregory, Sue) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

27

ORDER dismissing as moot 25 Scheduling Recommendations/Proposed Scheduling Order ( Scheduling Recommendations/Proposed Scheduling Order due by 2/15/2008.), granting 26 Unopposed MOTION for Extension of Time. Signed by Judge Fred Biery. (rf) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

28

NOTICE of Attorney Appearance by Laurence S. Kurth on behalf of The County of Bexar (Kurth, Laurence) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

29

Scheduling Recommendations of All Parties by The County of Bexar, Julia Ann Jackson. (Kurth, Laurence) Modified on 2/15/2008, to add filer (rf). (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

Notice of Correction: ***NOTIFIED COUNSEL OF ADDITION OF FILER − Julia Ann Jackson***** re 29 Scheduling Recommendations/Proposed Scheduling Order. (rf) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

30

NOTICE of Attorney Appearance by Lori W. Hanson on behalf of The County of Bexar (Hanson, Lori) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

31

CLASS CERTIFICATION SCHEDULING ORDER AND RELATED ORDERS OF THE COURT: ADR Report Deadline due by 4/24/2008. Discovery due by 9/2/2008.. Signed by Judge Fred Biery. (rg1, ) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

32

Court Advisory Concerning Discovery. Signed by Judge Fred Biery. (rg1, ) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

34

DEFICIENCY NOTICE: ***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT − A CERTIFICATE OF SERVICE IS REQUIRED**** re 33 Notice (Other) (rf) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

35

NOTICE Change of Firm Affiliation by Julia Ann Jackson (Barnett, Alexander) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

36

NOTICE of Vacation by The County of Bexar (Gregory, Sue) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

37

ADR Report Filed − by The County of Bexar(Kurth, Laurence) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

38

ADR Report Filed − by Julia Ann Jackson(Warren, Alexandra) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

39

****DOCUMENT IS DEFICIENT − INCORRECT CASE STYLE AND CASE NUMBER IS REFLECTED*****NOTICE of Change of Firm Affiliation and Change of Address for Alexander E. Barnett by Julia Ann Jackson (Barnett, Alexander) Modified on 4/30/2008, to designate deficiency (rf). (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

40

DEFICIENCY NOTICE:****NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT − INCORRECT CASE STYLE AND CASE NUMBER IS REFLECTED******re 39 Notice (Other) (rf) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

41

NOTICE Corrected Notice of Change of Firm Affiliation and Change of Address for Alexander E. Barnett by Julia Ann Jackson (Barnett, Alexander) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

42

* MOTION to Intervene Two Additional Named Plaintiffs and Proposed Class Representatives by Julia Ann Jackson. (Attachments: # 1 Proposed Order, # 2 Brief)(Warren, Alexandra) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

43

DEFICIENCY NOTICE to Alexandra C. Warren: **Document must be filed Traditionally** (ep, ) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

44

MOTION to Intervene Two Additional Named Plaintiffs and Proposed Class Representatives by Julia Ann Jackson. (rg1, ) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

45

ORDER GRANTING 44 Motion to Intervene Two Additional named Plaintiffs. Signed by Judge Fred Biery. (rf, ) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

46

AMENDED COMPLAINT against The County of Bexar amending 1 Complaint., filed by Erica Bernal, Martin Martinez, Julia Ann Jackson.(rf, ) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

47

NOTICE of Vacation of Laurence S. Kurth by The County of Bexar (Kurth, Laurence) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

48

NOTICE of Vacation by Erica Bernal, Martin Martinez, Julia Ann Jackson (Harrington, James) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

49

*Joint MOTION to Amend Class Certification Scheduling Order by Erica Bernal, Martin Martinez, Julia Ann Jackson, The County of Bexar. (Johnson, William) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

50

NOTICE of Change of Address by Lori W. Hanson (Hanson, Lori) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

51

AGREED AMENDED CLASS CERTIFICATION SCHEDULING ORDER GRANTING 49 Motion to Amend Class Certification Schedule. Signed by Judge Fred Biery. (rf) (Entered: 09/30/2008)

Sept. 29, 2008

Sept. 29, 2008

52

*Unopposed MOTION for Jury Trial by The County of Bexar. (Kurth, Laurence) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

53

ORDER GRANTING 52 Motion for Jury Trial. Signed by Judge Fred Biery. (rf) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

54

*Joint MOTION to Extend Scheduling Order Deadlines for Class Certification by The County of Bexar, Erica Bernal, Julia Ann Jackson, Martin Martinez. (Kurth, Laurence) Modified on 12/1/2008, to add filers (rf). (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

55

ORDER GRANTING 54 Motion to Extend Class Certification Scheduling Order. Signed by Judge Fred Biery. (rf) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

56

AMENDED CLASS CERTIFICATION SCHEDULING ORDER re 55 Order on Motion to Extend Scheduling Order Deadlines. Signed by Judge Fred Biery. (rf) (Entered: 12/03/2008)

Dec. 3, 2008

Dec. 3, 2008

57

NOTICE of Vacation by The County of Bexar (Hanson, Lori) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

58

Joint MOTION for Protective Order by Erica Bernal, Martin Martinez, Julia Ann Jackson, The County of Bexar. (Hanson, Lori) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

59

AGREED PROTECTIVE ORDER. Signed by Judge Fred Biery. (rf) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

60

Agreed MOTION to Extend Deadlines by Erica Bernal, Martin Martinez, Julia Ann Jackson, The County of Bexar. (Hanson, Lori) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

61

ORDER GRANTING 60 Motion to Amend Class Certification Deadlines. Signed by Judge Fred Biery. (rf) (Entered: 01/29/2009)

Jan. 28, 2009

Jan. 28, 2009

62

Joint MOTION To Enter Consent Decree by Erica Bernal, Martin Martinez, Julia Ann Jackson, The County of Bexar. (Johnson, William) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

63

CONSENT DECREE GRANTING 62 Joint MOTION To Enter Consent Decree filed by Erica Bernal, The County of Bexar, Julia Ann Jackson, Martin Martinez. Signed by Judge Fred Biery. (rf) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

64

Joint MOTION to Extend Scheduling Order Deadlines by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Warren, Alexandra) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

65

SECOND AGREED AMENDED CLASS CERTIFICATION SCHEDULING ORDER re: 64 Joint MOTION to Extend Scheduling Order Deadlines filed by Erica Bernal, Julia Ann Jackson, Martin Martinez.. Signed by Judge Fred Biery. (rf) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

66

NOTICE of Unavailability of Laurence S. Kurth by The County of Bexar (Kurth, Laurence) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

67

Unopposed MOTION for Leave to Exceed Page Limitation for Class Certification Briefing by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Attachments: # 1 Proposed Order)(Warren, Alexandra) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

68

****DOCUMENT IS DEFICIENT − MISSING CERTIFICATE OF SERVICE****NOTICE of Withdrawal of Appearance for Alexander Barnett, Esq. by Erica Bernal, Martin Martinez, Julia Ann Jackson (Warren, Alexandra) Modified on 5/27/2009, to designate deficiency (rf). (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

69

DEFICIENCY NOTICE: ***NOTIFIED COUNSEL THAT A CERTIFICATE OF SERVICE IS REQUIRED**** re 68 Notice (Other), Notice (Other) (rf) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

70

NOTICE of Withdrawal of Appearance for Alexander Barnett, Esq. (Corrected) by Erica Bernal, Martin Martinez, Julia Ann Jackson (Warren, Alexandra) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

71

MOTION to Compel Supplemental Discovery Responses by The County of Bexar. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit B, # 7 Exhibit B−1, # 8 Exhibit B−2, # 9 Proposed Order on Defendant's Motion to Compel)(Hanson, Lori) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

72

ORDER GRANTING 67 Motion for Leave to File Class Certification Brief in Excess Pages. Signed by Judge Fred Biery. (rf) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

73

ORDER REFERRING MOTION: 71 MOTION to Compel Supplemental Discovery Responses filed by The County of Bexar. Signed by Judge Fred Biery.. Referral

June 3, 2009

June 3, 2009

75

AFFIDAVIT in Support of 74 MOTION to Certify Class by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 − Part 1, # 7 Exhibit 6 − Part 2, # 8 Exhibit 7 − Part 1, # 9 Exhibit 7 − Part 2, # 10 Exhibit 7 − Part 3, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12 − Part 1, # 16 Exhibit 12 − Part 2, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16 − Part 1, # 21 Exhibit 16 − Part 2, # 22 Exhibit 17 − Part 1, # 23 Exhibit 17 − Part 2, # 24 Exhibit 18 − Part 1, # 25 Exhibit 18 − Part 2, # 26 Exhibit 19, # 27 Exhibit 20, # 28 Exhibit 21, # 29 Exhibit 22, # 30 Exhibit 23, # 31 Exhibit 24, # 32 Exhibit 25)(Warren, Alexandra) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

76

SUPPLEMENT to 75 Affidavit in Support,,, Certificate of Service by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Warren, Alexandra) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

77

Memorandum in Opposition to Motion, filed by Erica Bernal, Martin Martinez, Julia Ann Jackson, re 71 MOTION to Compel Supplemental Discovery Responses filed by Defendant The County of Bexar (Attachments: # 1 Exhibit Letter dated June 3, 2009)(Lock, Sam) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

78

REPLY to Response to Motion, filed by The County of Bexar, re 71 MOTION to Compel Supplemental Discovery Responses filed by Defendant The County of Bexar (Hanson, Lori) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

79

Opposed MOTION to Exclude The Expert Report And Testimony of Professor Lonny Hoffman by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Warren, Alexandra) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

80

RESPONSE in Support, filed by The County of Bexar, re 71 MOTION to Compel Supplemental Discovery Responses filed by Defendant The County of Bexar (Hanson, Lori) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

81

Response in Opposition to Motion, filed by The County of Bexar, re 74 MOTION to Certify Class filed by Plaintiff Erica Bernal, Plaintiff Julia Ann Jackson, Plaintiff Martin Martinez And Brief in Support Thereof (Attachments: # 1 Appendix Appendix Supporting Defendant's Response in Opposition to Plaintiffs' Motion for Class Certification and Brief in Support Thereof)(Johnson, William) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

82

Response in Opposition to Motion, filed by The County of Bexar, re 79 Opposed MOTION to Exclude The Expert Report And Testimony of Professor Lonny Hoffman filed by Plaintiff Erica Bernal, Plaintiff Julia Ann Jackson, Plaintiff Martin Martinez (Attachments: # 1 Proposed Order Order)(Johnson, William) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

83

MOTION for Hearing re 81 Response in Opposition to Motion, 74 MOTION to Certify Class by The County of Bexar. (Hanson, Lori) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

84

REPLY to Response to Motion, filed by Erica Bernal, Martin Martinez, Julia Ann Jackson, re 74 MOTION to Certify Class filed by Plaintiff Erica Bernal, Plaintiff Julia Ann Jackson, Plaintiff Martin Martinez (Warren, Alexandra) (Entered: 07/16/2009)

July 16, 2009

July 16, 2009

85

REPLY to Response to Motion, filed by Erica Bernal, Martin Martinez, Julia Ann Jackson, re 79 Opposed MOTION to Exclude The Expert Report And Testimony of Professor Lonny Hoffman filed by Plaintiff Erica Bernal, Plaintiff Julia Ann Jackson, Plaintiff Martin Martinez (Warren, Alexandra) (Entered: 07/17/2009)

July 17, 2009

July 17, 2009

86

NOTICE of Vacation by The County of Bexar (Johnson, William) (Entered: 07/22/2009)

July 22, 2009

July 22, 2009

87

ORDER GRANTING IN PART AND DENYING IN PART 71 Motion to Compel Signed by Judge John W. Primomo. (rf) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

Motions No Longer Referred: 71 MOTION to Compel Supplemental Discovery Responses (rf) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

89

Unopposed MOTION to Amend Complaint by Erica Bernal, Martin Martinez, Julia Ann Jackson. (Attachments: # 1 Proposed Order, # 2 Exhibit Second Amended Complaint)(Warren, Alexandra) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

90

Second MOTION to Compel and for Sanctions for Failure to Comply with Court Order by The County of Bexar. (Attachments: # 1 Exhibit Exhibit D, # 2 Proposed Order)(Hanson, Lori) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

91

ORDER GRANTING 89 Motion to Amend Complaint. Signed by Judge Fred Biery. (rf) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

92

SECOND AMENDED COMPLAINT against The County of Bexar amending 46 Amended Complaint 1 Complaint filed by Erica Bernal Martin Martinez, Julia Ann Jackson.(rf) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

93

ADVISORY TO THE COURT by The County of Bexar concerning Defendant's Second Motion to Compel and for Sanctions with Order to Abate . (Hanson, Lori) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

94

NOTICE of Unavailability of Lori W. Hanson by The County of Bexar (Hanson, Lori) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

95

Memorandum in Opposition to Motion, filed by Erica Bernal, Martin Martinez, Julia Ann Jackson, re 90 Second MOTION to Compel and for Sanctions for Failure to Comply with Court Order filed by Defendant The County of Bexar (Attachments: # 1 Proposed Order)(Warren, Alexandra) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

96

ORDER REFERRING MOTION: 90 Second MOTION to Compel and for Sanctions for Failure to Comply with Court Order filed by The County of Bexar, 79 Opposed MOTION to Exclude The Expert Report And Testimony of Professor Lonny Hoffman filed by Erica Bernal, Julia Ann Jackson, Martin Martinez. Signed by Judge Fred Biery.. Referral Magistrate Judge: John W. Primomo. (rf, ) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

97

ADVISORY TO THE COURT by The County of Bexar re Defendant's Second Motion to Compel and for Sanctions . (Kurth, Laurence) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

98

ORDER GRANTING 79 Motion to exclude the expert report and testimony of Professor Lonny Hoffman. Signed by Judge John W. Primomo. (rf) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

99

ORDER GRANTING 90 Motion to Compel and Sanctions. Signed by Judge John W. Primomo. (rf) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals charged with misdemeanor or minor crimes who were strip searched upon entry into the Bexar County Detention Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Bexar (Bexar), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,500,000

Content of Injunction:

Reporting

Training

Issues

General:

Search policies

Strip search policy

Type of Facility:

Government-run