Case: Betancourt v. Giuliani

1:97-cv-06748 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 11, 1997

Closed Date: 2003

Clearinghouse coding complete

Case Summary

The Urban Justice Center filed this putative federal class action lawsuit in the United States District Court for the Southern District of New York on September 11, 1997, challenging the arbitrary arrests and subsequent strip searches of homeless people sitting on park benches under 28 U.S.C § 1983 and state law. Plaintiff sought to enjoin the enforcement of the law and the strip-search policy, and sought damages for class members. On December 26, 2000, Magistrate Judge Martin granted partial …

The Urban Justice Center filed this putative federal class action lawsuit in the United States District Court for the Southern District of New York on September 11, 1997, challenging the arbitrary arrests and subsequent strip searches of homeless people sitting on park benches under 28 U.S.C § 1983 and state law. Plaintiff sought to enjoin the enforcement of the law and the strip-search policy, and sought damages for class members.

On December 26, 2000, Magistrate Judge Martin granted partial summary judgment, upholding the City policy allowing the police to arrest homeless people for sleeping in cardboard boxes in public, but allowing the challenge to the strip-search policy of the NYPD to go forward. The court also denied class-certification to the plaintiffs. The case subsequently settled for $15,000; collateral litigation led to an additional payment of $55,000 in attorneys fees.

The district court's finding that the New York City Code Sec. 16-122 was not unconstitutionally vague as applied was upheld in the 2nd Circuit on appeal by Judge Kearse, with Judge Calabresi dissenting.

Summary Authors

Blase Kearney (4/9/2012)

People


Judge(s)

Calabresi, Guido (Connecticut)

Kearse, Amalya Lyle (New York)

Marrero, Victor (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Lasdon, Douglas (New York)

Leffell, Daniel J. (New York)

Attorneys(s) for Defendant

Fredericks, Albert (New York)

Judge(s)

Calabresi, Guido (Connecticut)

Kearse, Amalya Lyle (New York)

Marrero, Victor (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Lasdon, Douglas (New York)

Leffell, Daniel J. (New York)

Attorneys(s) for Defendant

Fredericks, Albert (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 11, 2006 Docket
52

Memorandum and Opinion

2000 WL 1877071

Dec. 26, 2000 Order/Opinion
80

Decision and Order

325 F.Supp.2d 330

July 13, 2004 Order/Opinion

Opinion

Betancourt v. Giulani

U. S. Court of Appeals for the Second Circuit

448 F.3d 547

May 18, 2006 Order/Opinion

Resources

Title Description External URL

Jail Strip-Search Cases: Patterns and Participants

Margo Schlanger

This article looks at jail strip-search litigation and its participants, to analyze its internal dynamics. Among the interesting features of these cases is that many different kinds of lawyers work … April 1, 2008 https://scholarship.law.duke.edu/...

Docket

Last updated May 28, 2022, 3:01 a.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 # 296728 (em) (Entered: 09/12/1997)

Sept. 11, 1997

Magistrate Judge Grubin is so Designated. (em) (Entered: 09/12/1997)

Sept. 11, 1997
2

RETURN OF SERVICE executed as to Howard Safir, c/o NYCPD, Legal Bureau and as to The City of New York &Rudolph W. Giuliani c/o Corporation Counsel on 9/11/97. Answer due on 10/1/97 for Howard Safir, for The City of New York, for Rudolph W. Giuliani. (lam) Modified on 09/25/1997 (Entered: 09/15/1997)

Sept. 11, 1997
6

NOTICE OF MOTION by Augustine Betancourt, Lambert Watson preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces . Return date 10/3/97 @9:30. (received for docketing on 10/30/97) (lam) Modified on 10/30/1997 (Entered: 10/30/1997)

Sept. 11, 1997
9

MEMORANDUM by Augustine Betancourt, Lambert Watson in support of [6−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces (received for docketing on 10/30/97) (lam) (Entered: 10/30/1997)

Sept. 11, 1997
10

AFFIDAVIT of Augustine Betancourt (received for docketing on 10/30/97) (lam) Modified on 10/30/1997 (Entered: 10/30/1997)

Sept. 11, 1997
11

AFFIDAVIT of Lambert Watson (received for docketing on 10/30/97) (lam) (Entered: 10/30/1997)

Sept. 11, 1997
12

AFFIDAVIT of Austin Wilkinson, law clerk for counsel for Augustine Betancourt, Lambert Watson (received for docketing on 10/30/97) (lam) (Entered: 10/30/1997)

Sept. 11, 1997
13

AFFIDAVIT of Doug Lasdon, Exec. Dir. of the Urban Justice Center by Augustine Betancourt, Lambert Watson (received for docketing on 10/30/97) (lam) (Entered: 10/30/1997)

Sept. 11, 1997
3

Affidavit of service as to Rudolph W. Giuliani, The City of New York by Joan Daniels, clerical assistant, on 9/11/97. Answer due on 10/1/97 for Rudolph W. Giuliani, for The City of New York (sac) (Entered: 09/23/1997)

Sept. 17, 1997
3

Affidavit of service as to Howard Safir by Katherine Harper, receptionist, on 9/11/97. Answer due on 10/1/97 for Howard Safir (sac) (Entered: 09/23/1997)

Sept. 17, 1997
4

Notice of reassignment due to a Judge's Recusal to Judge John E. Sprizzo. Copy of notice and judge's rules mailed to Attorney(s) of Daniel J. Leffell, Douglas Lasdon (bm) (Entered: 10/08/1997)

Oct. 6, 1997
5

ANSWER to Complaint by Rudolph W. Giuliani, Howard Safir, The City of New York (Attorney Albert Fredericks), ; Firm of: Corp Counsel by attorney Albert Fredericks for defts (cd) (Entered: 10/09/1997)

Oct. 9, 1997

(corrected copy) Statement Of Interest Of The United States *; by the United States of America; * orig. doc. fld. in case no. 97 civ 3912 (LAK) (ls) (Entered: 10/09/1997)

Oct. 9, 1997

Pre−trial conference held before Judge Sprizzo. (lam) (Entered: 11/13/1997)

Oct. 24, 1997
7

AMENDED NOTICE OF MOTION by Augustine Betancourt, Lambert Watson preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. Return date not indicated. (lam) (Entered: 10/30/1997)

Oct. 29, 1997
14

DECLARATION in opposition by Rudolph W. Giuliani, Howard Safir, The City of New York [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. (lam) (Entered: 10/30/1997)

Oct. 30, 1997
15

MEMORANDUM by Rudolph W. Giuliani, Howard Safir, The City of New York in opposition to [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. (lam) (Entered: 10/30/1997)

Oct. 30, 1997
16

ORDER; set discovery due for 2/27/98 ; pltffs' reply to response to motion, of no more than five pages, reset to 2/27/98 for [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs Section 16−122 of the Administrative Code of the City of York, for existing in public spaces ; that defts' may file a surreply, of no more than five pages, to pltffs' reply on or before 3/27/97 ; set oral argument for 1:30 p.m. on 5/1/98 ; ( signed by Judge John E. Sprizzo ); copies mailed (ls) (Entered: 11/07/1997)

Nov. 6, 1997
17

AFFIDAVIT in support of Jodi A. Danzig, of the Law Paul Weiss Rifkind et al, counsel for Augustine Betancourt, Lambert Watson Re: [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public (lam) (Entered: 11/10/1997)

Nov. 7, 1997
18

REPLY MEMORANDUM by Augustine Betancourt, Lambert Watson re: in support of [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. (lam) (Entered: 11/10/1997)

Nov. 7, 1997
19

ORDER, set discovery due for 2/27/98 ; pltffs' Reply, of no more than 5 pages to defts' Response to Motion reset to 2/27/98 for [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs Section 16−122 of the Administrative Code of the City of York, for existing in public spaces ; defts may file a surreply, of no more than 5 pages, to pltffs' reply by 3/27/98 ; set oral argument set for 5/1/98 ( signed by Judge John E. Sprizzo ); Copies mailed (lam) Modified on 11/17/1997 (Entered: 11/13/1997)

Nov. 12, 1997
20

MEMORANDUM by Rudolph W. Giuliani, Howard Safir, The City of New York in opposition to [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. (lam) (Entered: 11/28/1997)

Nov. 24, 1997
21

Statement of plaintiff as to Corporate Existence in Continuity of Jugobanka A.D. Belgrade (djc) (Entered: 12/29/1997)

Dec. 22, 1997
22

STIPULATION and ORDER, reset discovery due for 4/17/98 (signed by Judge John E. Sprizzo ). (lam) (Entered: 03/03/1998)

March 2, 1998
23

STIPULATION and ORDER, reset discovery due for 5/29/98 ( signed by Judge John E. Sprizzo ). (ae) (Entered: 04/20/1998)

April 17, 1998
24

ORDER, that pltffs may file supplemental exhibits by 4/28/98; defts may file supplemental exhibits by 5/12/98 ; reset oral argument for 1:00 5/21/98 ( signed by Judge John E. Sprizzo ); Copies mailed (lam) (Entered: 04/23/1998)

April 22, 1998
25

AFFIDAVIT in support of Jodi A. Danzig, atty for Augustine Betancourt, Lambert Watson Re: [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. (lam) (Entered: 05/01/1998)

April 28, 1998
26

DECLARATION of Amy J. Weinblatt, Asst Corp Counsel for defts in further opposition to pltff's [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces, and in response to the arrirmation of Jodi Danzig re [25−1]. (lam) (Entered: 05/14/1998)

May 12, 1998

Oral argument held before Judge Sprizzo (lam) (Entered: 06/04/1998)

May 21, 1998
27

ORDER denying [8−1] motion preliminarily enjoining defts, and all persons acting in concert or participation with them, from arresting individuals, purs to Section 16−122 of the Administrative Code of the City of New York, for existing in public spaces. ( signed by Judge John E. Sprizzo ); Copies mailed (lam) (Entered: 06/04/1998)

June 3, 1998
28

STIPULATION and ORDER, reset discovery due for 6/19/98 (signed by Judge John E. Sprizzo ). (lam) (Entered: 06/04/1998)

June 3, 1998
29

STIPULATION and ORDER, reset discovery due for 8/7/98 ; set pretrial conference for 9/25/98 ( signed by Judge John E. Sprizzo ). (lam) (Entered: 06/26/1998)

June 26, 1998
30

Transcript of record of proceedings filed for dates of 5/21/98 @2:30 before Judge Sprizzo. (lam) (Entered: 07/13/1998)

July 13, 1998
31

Notice of reassignment to Judge Kimba M. Wood Copy of notice and judge's rules mailed to Attorney(s) of record: Albert Fredericks, Daniel J. Leffell, Douglas Lasdon . (bm) (Entered: 09/24/1998)

Sept. 24, 1998
32

Notice of reassignment to Judge John S. Martin. Copy of notice and judge's rules mailed to Attorney(s) of record: Albert Fredericks, Daniel J. Leffell and Douglas Lasdon. (em) (Entered: 09/30/1998)

Sept. 25, 1998

Pre−trial conference held and concluded before Judge Kaplan. (jp) (Entered: 11/16/1998)

Nov. 12, 1998

Letter addressed to Judge Kaplan filed by Jugobanks A.D. Belgrade, dated 12/14/98; Re: counsel is in receipt of a letter dated 12/9/98 from the attys for the deft/counter−claimants in this consolidated action regarding discovery. (orig. entry filed in 97 Civ. 3912, doc. #44) (sac) (Entered: 12/17/1998)

Dec. 16, 1998
33

Memo−Endorsement on letter addressed to Judge Martin, Jr. from Eric Twiste, dated 11/17/99; the parties jointly agree to a briefing schedule for the forthcoming motions for summary judgment and class certification; plaintiffs will file their motions for summary judgment and class certification on 11/19/99; defendants will cross−move for summary judgment and oppose plaintiffs' motions on January 7; plaintiffs will reply to defendants' opposition and oppose defendants' motion on January 28, 2000; and defendants will reply to plaintiffs' opposition on February 14 ; the parties also request Your Honor's permission to file an oversized summary judgment brief; application granted . ( signed by Judge John S. Martin ); Copies mailed. (pl) (Entered: 11/19/1999)

Nov. 18, 1999

Deadline(s) updated: reset defendants cross motions due for 1/7/2000 . (pl) (Entered: 11/19/1999)

Nov. 18, 1999
34

NOTICE OF MOTION by Augustine Betancourt; for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class ; for an Order granting summary judgment in favor of the proposed class ; for an Order granting a permanent injunction , Return date not indicated. Rule 56.1 statement in support of motion attached. (jp) (Entered: 11/23/1999)

Nov. 22, 1999
35

MEMORANDUM OF LAW by Augustine Betancourt in support of [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class (jp) (Entered: 11/23/1999)

Nov. 22, 1999
36

MEMORANDUM OF LAW by Augustine Betancourt in support of [34−2] motion for an Order granting summary judgment in favor of the proposed class, [34−3] motion for an Order granting a permanent injunction (jp) (Entered: 11/23/1999)

Nov. 22, 1999
38

NOTICE OF CROSS MOTION by Rudolph W. Giuliani, Howard Safir, The City of New York for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment . No return date indicated. Declaration of Ave Maria Brennan in support attached. (sn) (Entered: 01/11/2000)

Jan. 7, 2000
39

MEMORANDUM OF LAW by Rudolph W. Giuliani, Howard Safir, The City of New York in support of [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment, and in opposition to [34−2] motion for an Order granting summary judgment in favor of the proposed class, and in opposition to [34−3] motion for an Order granting a permanent injunction. (sn) (Entered: 01/11/2000)

Jan. 7, 2000
40

MEMORANDUM OF LAW by Rudolph W. Giuliani, Howard Safir, The City of New York in opposition to [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class. (sn) (Entered: 01/11/2000)

Jan. 7, 2000
41

RULE 56.1 STATEMENT filed by Rudolph W. Giuliani, Howard Safir, The City of New York. (sn) (Entered: 01/11/2000)

Jan. 7, 2000
42

COUNTER STATEMENT TO RULE 56.1 filed by Rudolph W. Giuliani, Howard Safir, The City of New York. (sn) (Entered: 01/11/2000)

Jan. 7, 2000
43

Memo−Endorsement on letter addressed to Judge Martin from Eric Twiste, dated 01/26/00; Re: the following briefing schedule is approved: plaintiff's Reply to Response to Motion reset to 2/14/00 for [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class, reset to 2/14/00 for [34−2] motion for an Order granting summary judgment in favor of the proposed class, reset to 2/14/00 for [34−3] motion for an Order granting a permanent injunction ; plaintiffs' Response to motion reset to 2/14/00 for [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment ; Defendant's Reply to Response to Motion reset to 3/10/00 for [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment ; (signed by Judge John S. Martin ); Copies mailed. (djc) (Entered: 01/28/2000)

Jan. 27, 2000
44

Memo−Endorsement on letter addressed to Judge Martin from Eric Twiste, dated 2/10/00; pltffs' reply to response to motion reset to 3/8/00 for [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class; reset to 3/8/00 for [34−2] motion for an Order granting summary judgment in favor of the proposed class; reset to 3/8/00 for [34−3] motion for an Order granting a permanent injunction ; pltffs' response to motion reset to 3/8/00 for [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment ; defts' reply to response to motion reset to 4/7/00 for [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment ; ( signed by Judge John S. Martin ); Copies mailed. (ls) (Entered: 02/16/2000)

Feb. 16, 2000
45

REPLY MEMORANDUM by Augustine Betancourt, Lambert Watson in support of re: [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class, [34−2] motion for an Order granting summary judgment in favor of the proposed class, [34−3] motion for an Order granting a permanent injunction; in opposition to [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment (sac) Modified on 03/13/2000 (Entered: 03/13/2000)

March 9, 2000
46

AFFIDAVIT of Eric Twiste by Augustine Betancourt, Lambert Watson in support of Re: [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class, [34−2] motion for an Order granting summary judgment in favor of the proposed class, [34−3] motion for an Order granting a permanent injunction; in opposition to [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment. (sac) (Entered: 03/13/2000)

March 9, 2000
48

REPLY MEMORANDUM by Augustine Betancourt in further support of re: [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class, [34−2] motion for an Order granting summary judgment in favor of the proposed class, [34−3] motion for an Order granting a permanent injunction (sac) (Entered: 03/13/2000)

March 9, 2000
49

Memo−Endorsement on letter addressed to Judge Martin from Ave Maria Brennan, dated 4/4/00; defts reply to response motion reset to 5/5/00 for [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment ; ( signed by Judge John S. Martin ); copies mailed (ls) (Entered: 04/07/2000)

April 6, 2000
50

REPLY MEMORANDUM of LAW by Rudolph W. Giuliani, Howard Safir, The City of New York in support of [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment (djc) (Entered: 05/08/2000)

May 4, 2000
51

REPLY Declaration by Rudolph W. Giuliani, Howard Safir, The City of New York in Further Support of [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P., granting defts partial summary judgment (djc) (Entered: 05/08/2000)

May 4, 2000
52

MEMORANDUM OPINION AND ORDER #84965, granting in part, denying in part [34−2] motion for an Order granting summary judgment favor of the proposed class; denying [34−1] motion for an Order, purs. to Rules 23 and 56 of the FRCP certifying the proposed class; granting in part, denying in part [38−1] cross motion for an order and judgment purs. to Rule 56(b), F.R.C.P. granting defts partial summary judgment. ( by Judge John S. Martin ); Copies mailed. (ae) (Entered: 12/27/2000)

Dec. 26, 2000
53

NOTICE OF APPEAL by Augustine Betancourt ; from [52−1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Michael D. Hess, Esq, and Ave Maria Brennan, Esq. $105.00 Appeal filing fee paid 1/24/01 on receipt E # 395517. (dt) (Entered: 01/25/2001)

Jan. 24, 2001

Notice of appeal and certified copy of docket to USCA: [53−1] appeal by Augustine Betancourt ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 01/25/2001)

Jan. 25, 2001
54

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [53−1] appeal by Augustine Betancourt. (dt) (Entered: 02/14/2001)

Feb. 14, 2001

USCA Case Number Re: [53−1] appeal by Augustine Betancourt USCA NUMBER: 01−7145. (dt) (Entered: 04/05/2001)

April 5, 2001
55

Memo−Endorsement on letter addressed to Judge Martin from Eric Twiste, dated 12/20/01; approving parties' proposal that parties submit another status letter in 30 days to update Your Honor on the progress of the negotiations ; ( signed by Judge John S. Martin ); Copies mailed. (djc) (Entered: 01/02/2002)

Dec. 28, 2001
56

Memo−Endorsement on letter addressed to Judge Martin from Eric Twiste, dated 3/1/02. Granting plaintiff's request to submit status letter in 30 days to update the Court on the progress of the settlement negotiations . ( signed by Judge John S. Martin ); Copies mailed. (kw) (Entered: 03/11/2002)

March 5, 2002
57

MANDATE OF USCA (certified copy) Re: Dismiss [53−1] appeal by Augustine Betancourt. On consideration whereof, it is ordered, adjudged, and decreed that appeal be and it h ereby is dismissed for lack of appellate jurisdiction. Issued as mandate: 3/4/02, 01−7145 Roseann B. MacKechnie, Clerk, U.S.C.A. (rmo) (Entered: 03/14/2002)

March 13, 2002
58

Order of discontinuance of action without costs to either party and without prejudice to restore the action to the calendar of the undersigned if the settlement is not effectuated within ninety days; ( signed by Judge John S. Martin ) (djc) Modified on 08/09/2002 (Entered: 08/09/2002)

Aug. 8, 2002

Case closed. (djc) (Entered: 08/09/2002)

Aug. 8, 2002

Case reopened. (kw) (Entered: 08/28/2002)

Aug. 23, 2002
60

ORDER; this action is closed on the active docket report without prejudice of either side to reopen the case should the settlement not be consummated. ( signed by Judge John S. Martin ); Copies mailed by Chamber (sac) (Entered: 03/25/2003)

March 24, 2003

Case closed. (sac) (Entered: 03/25/2003)

March 24, 2003
61

Memo−Endorsement on letter addressed to Judge Martin, Jr. from Eric Twiste, dated 4/1/03; granting plaintiffs requests that the Court restore this case to active docket until the settlement has been finally consumated . ( by Judge John S. Martin ); (pl) (Entered: 04/07/2003)

April 3, 2003

Case reopened. (pl) (Entered: 04/07/2003)

April 3, 2003
62

Notice of Case Reassignment to Judge Lewis A. Kaplan . Copy of notice and judge's rules mailed to Attorney(s) of record: Albert Fredericks, Daniel J. Leffell, Douglas Lasdon . (gmo) (Entered: 08/04/2003)

July 23, 2003
63

Notice of Case Reassignment to Judge Victor Marrero . Copy of notice and judge's rules mailed to Attorney(s) of record: Albert Fredericks, Daniel J. Leffell, Douglas Lasdon . (jjm) (Entered: 09/26/2003)

Sept. 22, 2003

PRETRIAL CONFERENCE set at 5:00 10/10/03 before Judge Victor Marrero . (cd) (Entered: 10/03/2003)

Sept. 30, 2003
64

Memo−Endorsement on letter addressed to Judge Marrero from Eric Twiste, dated 10/8/03; the next status conference herein is rescheduled to 10/24/03 at 10:00 a.m. ( signed by Judge Victor Marrero ); Copies faxed by Chamber (sac) (Entered: 10/10/2003)

Oct. 9, 2003
65

Conditional Order of discontinuance without prejudice and without costs; provided, however, that within forty−five (45) days of the date of this Order, counsel for plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event by such time the settlement is not consummated. Upon such notification the Court shall promptly restore the action to its active docket and the parties shall be directed to appear before the Court to schedule remaining pre−trial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. It is provided further, that this Order shall not be construed as a final order for the purposes of entry of judgment under FRCP 54 and 58. The conference scheduled for 10/24/03 is cancelled. The Clerk of Court is directed to close this case for statistical purposes. ( signed by Judge Victor Marrero ); Copies faxed by Chambers. (tp) (Entered: 10/24/2003)

Oct. 22, 2003

Case closed. (tp) (Entered: 10/24/2003)

Oct. 22, 2003
66

STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE The Strip Search Claim (and only that Claim) is hereby dismissed, with prejudice. Defendant the City of New York hereby agrees to pay Batancourt the sum of Fifteen Thousand Dollars ($15,000.00) in full satisfaction of the Strip Search Claim. A single check in this amount, made out to Augustine Betancourt and the law firm of Paul, Weiss, Rifkind, Wharton &Garrison, attorneys for Betancourt, shall be drawn. The Clerk of Court is directed to enter final judgment consistent with this Order and to close this case without prejudice to the timely filing of any requests for attorneys fees. (Signed by Judge Victor Marrero on 1/30/04) "Copies Faxed by Chambers".(jco, ) (Entered: 02/04/2004)

Feb. 2, 2004
67

CLERK'S JUDGMENT that the strip search claim is dismissed; that defendant NYC agrees to pay Betancourt $15,000 in full satisfaction; in consideration of this payment Betancourt agrees to dismiss all claims and to release any past or present employee of NYC from any libility; Betancourt will deliver all necessary documents to the City in order to effect the settlement; nothing contained herein shall be considered an admission of the City that they violated Betancourt's rights. (Signed by J. Michael McMahon, Clerk on 02/17/04) copies mailed by clerk's office.(jf, ) (Entered: 02/18/2004)

Feb. 17, 2004
68

NOTICE OF APPEAL from 52 Memorandum &Opinion,, 67 Clerk's Judgment,,. Document filed by Augustine Betancourt. Filing fee $ 255.00, receipt number E 500212. Copies of Notice of Appeal mailed to Attorney(s) of Record: AVE MARIA BRENNAN. (pr, ) (Entered: 02/19/2004)

Feb. 18, 2004

Transmission of Notice of Appeal to the District Judge re: 68 Notice of Appeal,. (pr, ) (Entered: 02/19/2004)

Feb. 18, 2004

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 68 Notice of Appeal,. (pr, ) (Entered: 02/19/2004)

Feb. 18, 2004
69

MOTION for an order pursuant to 42 USC 1988 and the inherent power of the court granting Betancourt an award of attorney's fees, costs and related expenses. Document filed by Augustine Betancourt. (dle, ) (Entered: 03/04/2004)

March 2, 2004
70

MEMORANDUM OF LAW in Support re: 69 MOTION for Attorney Fees. (nite dep. box). Document filed by Augustine Betancourt. (pa, ) (Entered: 03/05/2004)

March 2, 2004
71

DECLARATION of Eric Twiste in Support re: 69 MOTION for Attorney Fees.(nite dep. box). Document filed by Augustine Betancourt. (pa, ) (Entered: 03/05/2004)

March 2, 2004
72

ENDORSED LETTER addressed to Judge Marrero from Ave Maria Brennan dated 3/12/04 re: Counsel requests an extension of the motion schedule for the motion for attorney's fees. Request granted. The briefing schedule with regard to the motion for attorney's fees is extended so that responses are due by 4/19/04 and reply due by 4/26/04. (Signed by Judge Victor Marrero on 3/12/04) Copies Faxed By Chambers.(sb, ) (Entered: 03/19/2004)

March 16, 2004

USCA SCHEDULING ORDER as to 68 Notice of Appeal, filed by Augustine Betancourt USCA Case Number 04−0926−cv. Roseann B. MacKechnie, Clerk USCA. Certified: 3/31/04. Appeal Record due by 5/5/2004. Appellant Brief due by 5/12/2004. Appellee Brief due by 6/11/2004. (tp, ) (Entered: 04/14/2004)

April 14, 2004
73

ENDORSED LETTER addressed to Magistrate Judge Thomas P. Griesa from Ave Maria Brennan dated 4/13/04 re: request for an extension of time until 5/3/04 to respond to plaintiffs motion for attorneys fees, and 5/26/04 for plaintiffs to reply. Application GRANTED. (Signed by Judge Thomas P. Griesa on 4/14/04) Copies Faxed by Chambers.(db, ) (Entered: 04/19/2004)

April 15, 2004

Set/Reset Deadlines as to 69 MOTION for Attorney Fees. Responses due by 5/3/2004 Replies due by 5/26/2004. (db, ) (Entered: 04/19/2004)

April 15, 2004
74

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 68 Notice of Appeal, filed by Augustine Betancourt USCA Case Number 04−0926−cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 04/21/2004)

April 21, 2004
75

RESPONSE to Motion re: 69 MOTION for Attorney Fees. (nite dep. box.) Document filed by Rudolph W. Giuliani. Howard Safir and the City of New York (pa, ) Modified on 5/4/2004 (pa, ). (Entered: 05/04/2004)

May 3, 2004
76

MEMORANDUM OF LAW in (response) Opposition re: 69 MOTION for Attorney Fees. (nite dep. box). Document filed by Rudolph W. Giuliani, Howard New York City Police Commissioner, The City of New York. (pa, ) (Entered: 05/04/2004)

May 3, 2004
77

ENDORSED LETTER addressed to Judge Marrero from Eric Twiste dated 5/20/04 re: Request GRANTED. The dadte for filing plaintiff's reply papers to his attorney's fees applications herein is extended to 6/9/04. (Signed by Judge Victor Marrero on 5/21/04) Copies Faxed By Chambers.(tp, ) (Entered: 05/25/2004)

May 21, 2004

Set/Reset Deadlines: Replies due by 6/9/2004. (tp, ) (Entered: 05/25/2004)

May 21, 2004
78

ENDORSED LETTER addressed to Judge Marrero from Eric Twiste dated 6/7/04 re: granting plaintiffs request; the time for plaintiff to file reply papers in connection with the applcation for atty. fees herein is extended to 6/23/04. (Signed by Judge Victor Marrero on 6/7/04) Copies Faxed By Chambers.(pl, ) (Entered: 06/10/2004)

June 8, 2004

Set/Reset Scheduling Order Deadlines: Replies to motion for attorney fees due by 6/23/2004. (pl, ) (Entered: 06/10/2004)

June 8, 2004
79

REPLY MEMORANDUM OF LAW in Support re: 69 MOTION for Attorney Fees.. Document filed by Augustine Betancourt. (djc, ) (Entered: 06/25/2004)

June 23, 2004
80

ORDER granting 69 Motion for Attorney Fees and the defendant City of New York is found liable to Betancourt in the amount of $55,976.19. The Clerk of Court is directed to enter judgment accordingly and close this case. (sent to judgment clerk on 7/15/2004).. (Signed by Judge Victor Marrero on 7/13/2004) (jsa, ) (Entered: 07/15/2004)

July 14, 2004
81

JUDGMENT # 04,1340 on Attorney Fees. Fees awarded to Augustine Betancourt against The City of NY in the amount of $ 55,976.19. (Signed by J. Michael McMahon, clerk on 7/16/04) (ml, ) (Entered: 07/16/2004)

July 16, 2004

Mailed notice of Right to Appeal to Attorney(s) of Record: Albert Fredericks, Douglas Lasdon, Daniel J. Leffell. (snu, ) (Entered: 07/29/2004)

July 26, 2004

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 11, 1997

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A homeless main arrested and strip-searched by the NYPD for obstruction of a public space.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York City Police Department (New York City), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 70,000

Issues

General:

Strip search policy

Affected Gender:

Female

Male