Case: Smook v. Minehaha County

4:00-cv-04202 | U.S. District Court for the District of South Dakota

Filed Date: Nov. 1, 2000

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On November 1, 2000, a juvenile who had been arrested for violating curfew filed a civil rights class action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of South Dakota, challenging the Minnehaha County Juvenile Detention Center policy of strip-searching all juveniles admitted to the Detention Center, without any reasonable suspicion that the juveniles were concealing weapons or contraband. Plaintiff sought damages and injunctive relief. The Coun…

On November 1, 2000, a juvenile who had been arrested for violating curfew filed a civil rights class action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of South Dakota, challenging the Minnehaha County Juvenile Detention Center policy of strip-searching all juveniles admitted to the Detention Center, without any reasonable suspicion that the juveniles were concealing weapons or contraband. Plaintiff sought damages and injunctive relief. The County and individual County officials denied the allegations and argued that the individual officials were entitled to qualified immunity.

On March 20, 2002, the District Court (Judge Lawrence L. Piersol) certified the case as a class action, establishing a damages class and an injunctive relief class, consisting of: "All persons ... who, when they were under the age of eighteen years, were charged with minor offenses at any time on or after November 1, 1997 and up to a date in the future to be set by the Court, or who were charged with non-felony offenses at any time on or after April 16, 1999 and up to a date in the future to be set by the Court, and were strip searched at the Minnehaha County Juvenile Detention Center."

After discovery, the parties filed cross-motions for summary judgment on the Fourth Amendment claim. The District Court (Judge Piersol) entered summary judgment in favor of plaintiffs on the Fourth Amendment claim and denied the individual officials' motion for summary judgment on qualified immunity grounds. Smook v. Minnehaha County, 340 F. Supp. 2d 1037 (D.S.D. 2004). Reconsideration was denied. Smook v. Minnehaha County, S.D., 353 F.Supp. 2d 1059 (D.S.D. 2005), and the defendants appealed.

On appeal, the Eighth Circuit Court of Appeals reversed and remanded, holding that (1) the search of the named plaintiff, requiring her to strip to her undergarments, was not a full strip search and did not violate the Fourth Amendment; (2) county officials were immune from suit even if the search was deemed illegal, because it did not vindicate a clearly established right; and (3) the plaintiff class lacked standing to seek injunctive relief. Since the claim of the named plaintiff was dismissed, the case was remanded to the District Court to determine whether the class should be redefined or decertified and whether there was an adequate class representative to replace the named plaintiff. Smook v. Minnehaha County, 457 F.3d 806 (8th Cir.(S.D.) Aug 09, 2006), rehearing and rehearing en banc denied (Sep 27, 2006). Plaintiff's petition for certiorari was denied. Smook v. Minnehaha County, S.D., 127 S.Ct. 1885 (2007).

On remand, the plaintiffs added three additional individuals as named plaintiffs for the class. In an effort to avoid having to litigate the case again, the two sides agreed to a monetary settlement. The agreement included a payment of $450,000 by the defendants, including $182,500 in attorneys' fees and $182,500 to be divided among members of the class.

Summary Authors

Dan Dalton (3/3/2008)

Jonathan Forman (6/30/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12671705/parties/smook-v-minnehaha-county-of/


Judge(s)

Colloton, Steven M. (Iowa)

Piersol, Lawrence L. (South Dakota)

Attorneys(s) for Plaintiff

Abourezk , James G. (South Dakota)

Berger-White, Juliet (Illinois)

Falon, Shannon (South Dakota)

Karsh, Joshua (Illinois)

Piers, Matthew J. (Illinois)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Defendant

Akkerman, Mary A. (South Dakota)

Heidepriem, Scott N. (South Dakota)

Judge(s)

Colloton, Steven M. (Iowa)

Piersol, Lawrence L. (South Dakota)

Attorneys(s) for Plaintiff

Abourezk , James G. (South Dakota)

Berger-White, Juliet (Illinois)

Falon, Shannon (South Dakota)

Karsh, Joshua (Illinois)

Piers, Matthew J. (Illinois)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Defendant

Akkerman, Mary A. (South Dakota)

Heidepriem, Scott N. (South Dakota)

Nelson, David R. (South Dakota)

Sabers, Susan M. (South Dakota)

Thimsen, Gary P. (South Dakota)

Documents in the Clearinghouse

Document
163

4:00-cv-04202

Docket

Smook v. Minnehana

Nov. 24, 2009

Nov. 24, 2009

Docket
1

4:00-cv-04202

Complaint

Smook v. Minnehaha

Nov. 1, 2000

Nov. 1, 2000

Complaint
24

4:00-cv-04202

Memorandum Opinion and Order

Smook v. Minnehaha

May 22, 2001

May 22, 2001

Order/Opinion
42

4:00-cv-04202

Memorandum Opinion and Order (granting class certification)

Smook v. Minnehaha

March 20, 2002

March 20, 2002

Order/Opinion
71

4:00-cv-04202

Order

Smook v. Minnehaha

Jan. 14, 2003

Jan. 14, 2003

Order/Opinion
78

4:00-cv-04202

Memorandum Opinion and Order (granting in part and denying in part Plaintiff's motion to Amend Class Definition)

Smook v. Minnehaha

June 6, 2003

June 6, 2003

Order/Opinion
116

4:00-cv-04202

Memorandum Opinion and Order

Smook v. Minnehaha

340 F.Supp.2d 1037

Sept. 27, 2004

Sept. 27, 2004

Order/Opinion
140

4:00-cv-04202

Memorandum Opinion and Order

Smook v. Minnehaha

353 F.Supp.2d 1059

Jan. 20, 2005

Jan. 20, 2005

Order/Opinion
149

4:00-cv-04202

Court of Appeals Opinion (Aug 9, 2006)

Smook v. Minnehaha

U. S. Court of Appeals for the Eighth Circuit

457 F.3d 806

Aug. 14, 2006

Aug. 14, 2006

Order/Opinion
165-2

4:00-cv-04202

First Amended Complaint (Proposed)

Smook v. Minnehaha

June 8, 2007

June 8, 2007

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12671705/smook-v-minnehaha-county-of/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link

PRO HAC VICE fee paid by Gessler & Hughes for Mary Margaret Rowland and Matthew Piers (SKM)

Nov. 1, 2000

Nov. 1, 2000

PACER
2

CIVIL COVER SHEET (SKM) (DJP). (Entered: 11/01/2000)

Nov. 1, 2000

Nov. 1, 2000

PACER

FILING FEE PAID: on 11/1/00 in the amount of $150.00, receipt # 26783. (SKM)

Nov. 1, 2000

Nov. 1, 2000

PACER
1

COMPLAINT: 6 summons(es) issued handed to plaintiff's counsel; jury demand (SKM) (Entered: 11/01/2000)

Nov. 1, 2000

Nov. 1, 2000

Clearinghouse
4

MOTION for attorney Matthew J. Piers to appear pro hac vice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
3

MOTION for attorney Mary Margaret Rowland to appear pro hac vice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
6

RETURN OF SERVICE executed upon defendant Jim Banbury on 11/2/00 (FE) (Entered: 11/08/2000)

Nov. 8, 2000

Nov. 8, 2000

PACER
5

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Minnehaha, County of on 11/3/00 (FE) (Entered: 11/08/2000)

Nov. 8, 2000

Nov. 8, 2000

PACER
7

JOINT ANSWER by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to Complaint [1-1] (SKM) (Entered: 11/15/2000)

Nov. 14, 2000

Nov. 14, 2000

PACER
8

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (SKM) (Entered: 11/16/2000)

Nov. 15, 2000

Nov. 15, 2000

PACER
10

MEMORANDUM/BRIEF by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to strike answer [9-1] (FE) (Entered: 01/04/2001)

Jan. 4, 2001

Jan. 4, 2001

PACER
9

MOTION to strike answer by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (FE) (Entered: 01/04/2001)

Jan. 4, 2001

Jan. 4, 2001

PACER
11

RULE 26 Disclosures by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SLL) (Entered: 01/10/2001)

Jan. 9, 2001

Jan. 9, 2001

PACER
13

Form 35 Report Of Parties Planning Meeting re [8-1] (FE) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

PACER
12

RESPONSE/BRIEF by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to motion to strike answer [9-1] (FE) Modified on 01/11/2001 (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

PACER
16

RULE 16 SCHEDULING ORDER Lawrence L. Piersol ; Discovery ddl set for 7/20/01 ;mtn filing ddl set for 8/15/01 ; motion hearing and pretrial conference set for 9:00 10/15/01; jury trial set for 9:30 11/13/01 (cc: all counsel) (SLL) Modified on 01/23/2001 (Entered: 01/23/2001)

Jan. 19, 2001

Jan. 19, 2001

PACER
15

ORDER by Lawrence L. Piersol denying motion to strike answer [9-1] (cc:all counsel) (SLL) (Entered: 01/19/2001)

Jan. 19, 2001

Jan. 19, 2001

PACER
14

MINUTES RE: scheduling before the Hon. Lawrence L. Piersol, US Chief Judge, Sioux Falls, SD; Court will issue scheduling Order; Court denies Motion to Strike (DOC 9) Total In Court Time 30 minutes (FE) (Entered: 01/19/2001)

Jan. 19, 2001

Jan. 19, 2001

PACER
17

RULE 26 Disclosures by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (DJP) Modified on 02/22/2001 (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

PACER
18

RETURN OF SERVICE executed on 2/20/01 upon Sioux Falls Police Department (FE) Modified on 03/06/2001 (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

PACER
19

MOTION to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
20

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to compel [19-1] (DJP) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
21

MOTION for extension of time to file Motion for Class Certification by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
22

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion to compel [19-1] (DJP) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
23

MOTION to extend or vacate discovery dates by plaintiff Jodie Smook (SLL) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

PACER
24

MEMORANDUM OPINION AND ORDER by Lawrence L. Piersol granting motion to compel [19-1] granting motion for extension of time to file Motion for Class Certification [21-1] (cc: all counsel) (DJP) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

Clearinghouse
25

MOTION to certify class action by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (JMM) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

PACER
26

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to certify class action [25-1] (JMM) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

PACER
27

MOTION for reconsideration of motion to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (FE) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

PACER
28

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion for reconsideration of motion to compel [27-1] (FE) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

PACER
29

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion to certify class action [25-1] (JMM) (Entered: 06/19/2001)

June 19, 2001

June 19, 2001

PACER
30

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion for reconsideration of motion to compel [27-1] (DJP) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

PACER
31

REPLY by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook to response to and in Support of motion to certify class action [25-1] (LMZ) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

PACER
32

ORDER by Judge Lawrence L. Piersol granting motion to extend or vacate discovery dates [23-1] ;Pretrial conference satisfied on 7/6/01 ; jury trial satisfied on 7/6/01 ; motion filing ddl satisfied ; discovery ddl satisfied (cc:all counsel) (JMM) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

PACER
33

MOTION for leave to file reply brief instanter by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/10/2001)

July 10, 2001

July 10, 2001

PACER
34

REPLY by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook to response to motion for reconsideration of motion to compel [27-1] (DJP) (Entered: 07/10/2001)

July 10, 2001

July 10, 2001

PACER
35

SUPPLEMENT by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook re memorandum in support of motion ro reconsider [28-1] (FE) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER
36

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting motion for reconsideration of motion to compel [27-1], granting motion to compel [19-1] subject to protection order issued in the Court's 5/22/01 Memorandum Opinion and Order; any supplement to the motion for class certificated based upon the JDC records shall be filed within 20 days of plaintiff's receipt of those records; defendants shall have 10 days from the date of the filing of plaintiff's supplement in which to file a response (cc: all counsel) (SKM) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

PACER
37

MOTION to extend due date to file supplement to motion for class certification by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

PACER
38

ORDER by Judge Lawrence L. Piersol granting motion to extend due date to file supplement to motion for class certification [37-1]; if the parties have resolved their discovery dispute within 20 days from the date of this Order, plaintiff shall file any supplement to her motion for class certification within 20 days after she receives further documents from defendants; if the parties have not resolved their discovery dispute within 20 days from the date of this Order, the plaintiff shall at that time either bring the dispute to the attention of the Court or file any Supplement to her Moion for Class Certification (cc:all counsel) (DJP) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

PACER
39

SUPPLEMENT by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to certify class action [25-1] (in expando) (SKM) Modified on 10/19/2001 (Additional attachment(s) added on 3/10/2011: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 4) (JMM). (was no exhibit 3) (Entered: 10/19/2001)

Oct. 18, 2001

Oct. 18, 2001

PACER
40

MOTION to File Pleading Under Seal by plaintiff Jodie Smook (LMZ) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

PACER
41

ORDER by Judge Lawrence L. Piersol granting in part denying in part motion to File Pleading Under Seal [40-1]; plaintiff's supplement in support of motion for class certification (doc 39) shall be filed in the court file and the attachments shall be filed under seal (cc:all counsel) (SKM) (Entered: 11/01/2001)

Oct. 31, 2001

Oct. 31, 2001

PACER
42

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting motion to certify class action [25-1]; plaintiff shall file proposed form of notice to class members with the Court within 10 days from date of service of this Order (cc: all counsel) (FE) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

Clearinghouse
43

MOTION to extend date for class notice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/29/2002)

March 29, 2002

March 29, 2002

PACER

SEE VOLUME II (FE)

March 29, 2002

March 29, 2002

PACER

VOLUME II (FE)

March 30, 2002

March 30, 2002

PACER
44

LETTER from defendant Minnehaha, County of, defendant Jim Banbury re: no objection to motion to extend date for class notice (SKM) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

PACER
45

ORDER by Judge Lawrence L. Piersol granting motion to extend date for class notice [43-1]; plaintiff shall file a proposed form of notice to class members to the Court by 4/5/02 (cc:all counsel) (SKM) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

PACER

PRO HAC VICE fee paid by Gessler Hughes Socol Piers Resnick & Dym, Ltd. on behalf of Juliet Berger-White (DJP)

April 5, 2002

April 5, 2002

PACER
46

CERTIFICATE OF SERVICE by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 04/05/2002)

April 5, 2002

April 5, 2002

PACER
47

ORDER by Judge Lawrence L. Piersol granting motion for attorney Juliet Berger-White to appear pro hac vice [47-1] (cc:all counsel) (FE) (Entered: 04/08/2002)

April 5, 2002

April 5, 2002

PACER
48

MOTION to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
49

MOTION to seal exhibits by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
50

MOTION to amend caption by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
51

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to compel [48-1] (DJP) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
52

CERTIFICATE OF SERVICE by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SLL) (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
53

MOTION (Stipulation) to amend caption by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook, defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (DJP) (Entered: 07/19/2002)

July 19, 2002

July 19, 2002

PACER
54

RESPONSE by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to motion to amend caption [50-1], motion to seal exhibits [49-1], motion to compel [48-1] (SLL) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

PACER
55

AFFIDAVIT of Todd Cheever re defendants response to motions to compel, to amend caption, and to file exhibits under seal [54-1] (SLL) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

PACER
56

CERTIFICATE OF SERVICE by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (SLL) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

PACER
57

ORDER by Judge Lawrence L. Piersol granting motion to amend caption [53-1] terminating party Randy Smook, party Vicky Smook (cc:all counsel) (JMM) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

PACER
58

REPLY by plaintiff Jodie Smook to response to motion to compel [48-1] (FE) (Entered: 08/05/2002)

Aug. 2, 2002

Aug. 2, 2002

PACER
59

ORDER by Magistrate Judge John E. Simko granting motion to seal exhibits [49-1] directing that exhibits F and G of brief in support of motion to compel be filed under seal; granting motion to amend caption [50-1] Todd Cheever shall be substituted as Director of Minnehaha County Juvenile Detention Center; granting motion to compel [48-1] as stated in order (cc:all counsel) (SKM) (Entered: 09/19/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
60

ORDER by Judge Lawrence L. Piersol adopting in part notice [46-1] amended as stated in this order (cc:all counsel) (SKM) (Entered: 10/01/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
61

CERTIFICATE OF SERVICE by plaintiff Jodie Smook (DJP) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
62

ORDER by Judge Lawrence L. Piersol; caption to be set forth naming def Todd Cheever in his official capacity as Director of Minnehaha County Juvenile Detention Center and naming def Jim Banbury in his individual capacity (cc:all counsel) (SLL) (Entered: 10/15/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
63

NOTICE Of Filing Proposed Class Notice by plaintiff Jodie Smook (FE) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
64

ORDER by Judge Lawrence L. Piersol Proposed Class Notice is approved by the Court for Dissemination to the class plaintiffs; class counsel for plaintiff shall provide the class notice by first class mail to the last known address of each individual class member, if notices are returned with expired forwarding orders and the forwarding address is included, or if other new addresses are received for class members after the notice is mailed, the notice shall be remailed to the forwarding or new address; class counsel for plaintiff shall keep accurate and complete records of steps taken to give notice which will provide documentation of the costs of providing such notice as well as the adequacy of such notice (cc:all counsel) (FE) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
65

CLASS NOTICE by plaintiff Jodie Smook (FE) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
66

MOTION to amend protective order by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
67

MOTION to expand class definition, and postpone class exclusion date by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
68

CERTIFICATE OF SERVICE by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
69

RESPONSE by defendant Minnehaha, County of, defendant John Doe, defendant Jane Doe, defendant Todd Cheever to motion to expand class definition [67-1], motion postpone class exclusion date [67-2], motion to amend protective order [66-1] (DJP) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

PACER
70

Notice of Filing and Certificate of Service, with attached REPLY by plaintiff Jodie Smook to response to motion to expand class definition [67-1], motion postpone class exclusion date [67-2], motion to amend protective order [66-1] (DJP) (Entered: 12/27/2002)

Dec. 26, 2002

Dec. 26, 2002

PACER
71

ORDER by Judge Lawrence L. Piersol granting motion to amend protective order [66-1] denying without prejudice motion to expand class definition to plaintiffs' right to submit amended proposed definition of minor offenses on/before 1/24/03 [67-1], granting motion postpone class exclusion date [67-2] (cc:all counsel) (SLL) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

Clearinghouse
72

MOTION to amend class definition by plaintiff Jodie Smook (SLL) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
73

MEMORANDUM by plaintiff Jodie Smook in support of motion to amend class definition [72-1] (SLL) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
74

NOTICE of filing by plaintiff Jodie Smook (SLL) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
75

MEMORANDUM by defendant Minnehaha, County of, defendant John Doe, defendant Jane Doe, defendant Todd Cheever in opposition to motion to amend class definition [72-1] (DJP) (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER
76

REPLY Memorandum by plaintiff Jodie Smook in support of motion to amend class definition [72-1] (SKM) (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

PACER
77

NOTICE OF FILING AND CERTIFICATE OF SERVICE by plaintiff Jodie Smook (SKM) (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

PACER
78

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting in part denying in part motion to amend class definition [72-1]; see order for further relief (cc: all counsel) (SKM) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

Clearinghouse
79

MOTION for Extension of Time to File Answer by Todd Cheever, Jane Doe, John Doe, Minnehaha County, South Dakota. (SKM) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
80

MOTION to withdraw motion for extension of time to file answer 79 by Todd Cheever, Jane Doe, John Doe, Minnehaha County, South Dakota. (DJP) Modified on 8/27/2003 (DJP, ). (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

PACER
81

ORDER; the Proposed Class Notice, e-mailed to the Court on September 11, 2003, and a copy of which is attached to this Order, is approved by the Court for dissemination to the class plaintiffs; class counsel for plaintiff shall provide the class notice by first class mail to the last known address of each individual class member; if notices are returned with expired forwarding orders and the forwarding address is included, or if other new addresses are received for class members after the notice is mailed, the notice shall be re-mailed to the forwarding or new address; the class counsel for plaintiff shall keep accurate and complete records of the steps taken to give notice, which will provide documentation of the costs of providing such notice as well as the adequacy of such notice. Signed by Judge Lawrence L. Piersol on 9/11/03. (DJP) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

PACER
82

NOTICE of Filing to Class and Certificate of Service by Jodie Smook (SLL, ) (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

PACER
83

ORDER approving Proposed Class Notice, e-mailed to Court on 9/24/03, a copy attached to this order. Signed by Judge Lawrence L. Piersol on 9/24/03. (SLL, ) (Entered: 09/24/2003)

Sept. 24, 2003

Sept. 24, 2003

PACER
84

NOTICE of Filing and Certificate of Service by Jodie Smook (SKM) (Entered: 10/01/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
85

NOTICE of Appearance by Mary A. Akkerman, Susan M. Sabers, Gary P. Thimsen on behalf of Todd Cheever, Minnehaha County, South Dakota (SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
86

MOTION for Summary Judgment by Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
87

MEMORANDUM in Support re 86 MOTION for Summary Judgment filed by Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
88

AFFIDAVIT of Todd Cheever. (SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
89

STATEMENT of Undisputed Material Facts by Defendants Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
90

AFFIDAVIT of Gary P. Thimsen. (Attachments: # 1 # 2 # 3(SKM) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER
91

MOTION for Partial Summary Judgment by Jodie Smook. (SKM) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
92

MEMORANDUM in Support re 91 MOTION for Summary Judgment filed by Jodie Smook. (SKM) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
93

STATEMENT of Material Facts by Plaintiff Jodie Smook in support of 91 MOTION for Summary Judgment. (SKM) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
94

CERTIFICATE OF SERVICE by Jodie Smook (SKM) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
95

APPENDIX in Support of Motion for Partial Summary Judgment by Plaintiff Jodie Smook. (Attachments: Exhibit A - Court's Order and Opinion of June 6, 2003 ; Exhibit B - Deposition of Jim Banbury ; Exhibit C - Banbury Deposition Exhibit 1 JDC Manual ; Exhibit D - Deposition of Todd Cheever ; Exhibit E - Todd Cheever Deposition Exhibit 1: Supplemental JDC Manual ; Exhibit F - Deposition of Lynn Krell ; Exhibit G - Krell Deposition Exhibit 1: JDC's Consideration Codes ; Exhibit H - Deposition of Bridget Devlin ; Exhibit I - Deposition of Jodie Smook ; Exhibit J - Minnehaha County Board of Commissioners 9/19/99 Meeting ; Exhibit K - Todd Cheever's Response to Plaintiff's Third Set of Document Request, Ex. B: Reasonable Suspicion Assessment Form ; Exhibit L - Answers to Plaintiff's First Set of Interrogatories to Defendant Jim Banbury ; Exhibit M - Answers to Plaintiff's First Set of Interrogatories to Defendant Minnehaha County; Exhibit N - Responses to Plaintiff's First Set of Document Requests to Defendant Minnehaha County ; Exhibit O - Complaint; Exhibit P - Answer(SKM) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 1, 2000

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minors who have been arrested for alleged violations of curfew laws or other minor offenses and detained at the Minnehaha County Detention Center and strip searched and/or questioned about their religious beliefs or practices.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Minnehaha County (Minnehaha), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $450,000

Issues

General:

Juveniles

Religious programs / policies

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run