Case: Foster v. City of Oakland

3:05-cv-03110 | U.S. District Court for the Northern District of California

Filed Date: Aug. 1, 2005

Closed Date: April 18, 2015

Clearinghouse coding complete

Case Summary

On August 1, 2005, a group of men, who claimed they were wrongfully searched, filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the City of Oakland, the Oakland Chief of Police, and Oakland police officers under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, alleged that the defendants violated the plaintiffs’ constitutional rights through a policy and practice of performing strip searches and body-cavity searches in pu…

On August 1, 2005, a group of men, who claimed they were wrongfully searched, filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the City of Oakland, the Oakland Chief of Police, and Oakland police officers under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, alleged that the defendants violated the plaintiffs’ constitutional rights through a policy and practice of performing strip searches and body-cavity searches in public on only “reasonable suspicion” that people were hiding something illegal. The plaintiffs sought both injunctive relief and damages. This case was related to eight similar cases pending in the Northern District of California.

On September 20, 2005, the plaintiffs filed their first amended complaint for class action and individual relief for injuries and violation of their civil rights. On October 6, 2005 the case was reassigned to Judge Marilyn Hall Patel. Discovery proceeded for 18 months. On January 29, 2007, Judge Patel denied the plaintiffs’ motion for class certification. 2007 WL 219796.

The parties each moved for summary judgment, and the individual defendants sought qualified immunity (immunity from liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights). On March 27, 2008, Judge Patel granted in part the plaintiffs’ motion for partial summary judgment. Judge Patel issued a declaratory judgment that the Oakland Police Department’s (“OPD”) policies were unconstitutional in certain respects. Judge Patel denied the plaintiffs’ motion for summary judgment on liability and declaratory relief for the individual searches at issue. The strip-search policy was held unconstitutional because it provided too low a threshold for officers seeking to check for contraband on suspects in public places. The Court held that while reasonable suspicion is adequate to justify a strip search in the context of a detention facility when institutional security is a concern, it is “insufficient to justify a strip search in the field.” The police policy was held unconstitutional to the extent that it allowed strip searches of any kind in the field to be performed on less than probable cause. Judge Patel also found that an earlier version of the policy, enacted in 1998, was unconstitutional because it did not require that more invasive body-cavity searches be conducted by medical personnel. 621 F.Supp.2d 779 (N.D. Cal. 2008).

Litigation continued regarding the plaintiffs’ claims for liability and declaratory relief on the individual searches at issue. The plaintiffs renewed their motion for class certification, but on January 13, 2009, Judge Patel again denied the plaintiffs’ motion for class certification. 2009 WL 88433.

On December 14, 2009, Judge Patel granted in part an individual plaintiff’s motion for partial summary judgment on his Fourth Amendment claim for the unlawful strip search that a defendant officer conducted on the plaintiff. Judge Patel declined to rule on the issues of qualified immunity and damages because factual disputes needed to be resolved first. 675 F.Supp.2d 992 (N.D. Cal. 2009).

The officer petitioned the Ninth Circuit Court of Appeals for a writ of mandamus ordering the district court to rule on the issue of qualified immunity. On January 13, 2010, the Ninth Circuit denied the defendant’s petition because there were still material questions of fact regarding qualified immunity, and the defendant had not asked the district court to rule on qualified immunity either by filing a motion for summary judgment or at trial.

On March 3, 2010, Judge Patel found that two of the cases were related to each other (C-08-4255MHP and C-04-4843MHP), but the other claims had been misjoined. Judge Patel gave the plaintiffs in those actions twenty days to drop all but one of the plaintiffs in each of the actions and to file new actions for each of the dropped plaintiffs. On December 1, 2011 the case was reassigned to Judge Susan Illston. Discovery and settlement negotiations proceeded for the next two years.

On April 18, 2013, the parties agreed to a settlement of injunctive and declaratory relief claims. The City of Oakland through the OPD agreed to institute a new policy concerning strip searches in the field. The OPD was required to capture and retain all complaints about strip searches conducted in the field and all reports of such searches for a period of two years from the entry of the order. Those reports were forwarded to the plaintiff’s counsel every six months, and the court maintained jurisdiction to ensure compliance for the two years. In the absence of any further proceedings, these related matters were fully and finally dismissed with prejudice on April 18, 2015. The case is closed.

Summary Authors

Jessica Kincaid (3/17/2014)

Mary Kate Sickel (10/5/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5736914/parties/foster-v-city-of-oakland/


Judge(s)

Bea, Carlos T. (California)

Cousins, Nathanael M. (California)

Illston, Susan Yvonne (California)

Larson, James L. (California)

Paez, Richard A. (California)

Patel, Marilyn Hall (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Altomare, Gina N. (California)

Burris, John L. (California)

Haddad, Michael J. (California)

Judge(s)

Bea, Carlos T. (California)

Cousins, Nathanael M. (California)

Illston, Susan Yvonne (California)

Larson, James L. (California)

Paez, Richard A. (California)

Patel, Marilyn Hall (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Altomare, Gina N. (California)

Burris, John L. (California)

Haddad, Michael J. (California)

Nisenbaum, Benjamin (California)

Sherwin, Julia (California)

Attorneys(s) for Defendant

Hamoy-Perera, Aimee G. (California)

Rosen, Arlene Marie (California)

Verber, John Jeffrey (California)

Westmore, Kandis Arianne (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 21, 2012 Docket
1

Complaint for Damages for Violation of Civil Rights. Jury Trial Demanded

Aug. 1, 2005 Complaint
6

First Amended Complaint for Class Action and Individual Relief for Injuries for Injuries and Violation of Civil Rights [Jury Trial Demanded]

Sept. 20, 2005 Complaint
42

Memorandum and Order

2007 WL 219796

Jan. 29, 2007 Order/Opinion
28

Opinion

621 F.Supp.2d 779, 2008 WL 823338

March 27, 2008 Order/Opinion
79

Memorandum and Order

2009 WL 88433

Jan. 12, 2009 Order/Opinion
99

Memorandum and Order [Re Plaintiff Young's Motion Partial Summary Judgment]

675 F.Supp.2d 992

Dec. 14, 2009 Order/Opinion
7193808

Order [Denying Petition for Writ of Mandamus]

U. S. Court of Appeals for the Ninth Circuit

Jan. 13, 2010 Order/Opinion
112

Order Relating Cases and Deeming Claims Misjoined

March 3, 2010 Order/Opinion
7185274

Order of Clarification

U. S. Court of Appeals for the Ninth Circuit

June 4, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5736914/foster-v-city-of-oakland/

Last updated May 20, 2022, 1:58 a.m.

ECF Number Description Date Link
13

STIPULATION AND ORDER: Further Case Management Conference set for 1/9/2006 04:00 PM; Signed by Judge Marilyn Hall Patel on 11/22/2005. (awb, COURT-STAFF) (Filed on 11/23/2005)

Nov. 23, 2005 RECAP
1

CIVIL RIGHTS COMPLAINT against defendants J. Festag, City Of Oakland, Richard Word ( Filing fee $ 250, receipt number 4411378.). Filed by plaintiffDarnell Foster, Rafael Duarte. Jury demand, summons issued.42:USC 1983 (db, COURT STAFF) (Filed on 8/1/2005) Additional attachment(s) added on 8/16/2005 (rbe, COURT STAFF). (Entered: 08/02/2005)

Aug. 1, 2005
26

STIPULATION AND ORDER: Status Conference reset for 7/31/2006 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 7/5/2006. (awb, COURT-STAFF) (Filed on 7/6/2006)

July 6, 2006 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 11/28/2005. Case Management Conference set for 12/5/2005 01:30 PM.. Signed by Judge Thelton E. Henderson on 12/24/04. (db, COURT STAFF) Additional attachment(s) added on 9/8/2005 (db, COURT STAFF). Additional attachment(s) added on 9/8/2005 (db, COURT STAFF). (Entered: 08/02/2005)

Aug. 1, 2005

CASE DESIGNATED for Electronic Filing. (db, COURT STAFF) (Filed on 8/1/2005) (Entered: 08/02/2005)

Aug. 1, 2005
30

STIPULATED PROTECTIVE ORDER; Signed by Judge Marilyn Hall Patel on 8/28/2006. (Attachments: # 1)(awb, COURT-STAFF) (Filed on 8/29/2006)

Aug. 29, 2006 RECAP
42

ORDER by Judge Marilyn Hall Patel denying 32 Motion to Certify Class. Signed by Judge Marilyn Hall Patel 1/27/07. (epb, COURT STAFF) (Filed on 1/29/2007)

Jan. 29, 2007 RECAP
4

CERTIFICATE OF SERVICE by Darnell Foster J. FESTAG (Burris, John) (Filed on 9/2/2005) (Entered: 09/02/2005)

Sept. 2, 2005
5

CERTIFICATE OF SERVICE by Darnell Foster ; TO CITY OF OAKLAND (Burris, John) (Filed on 9/2/2005) (Entered: 09/02/2005)

Sept. 2, 2005
97

ORDER of SUBSTITUTION OF COUNSEL: Attorney John Jeffrey Verber for City Of Oakland added for defendants City of Oakland, Sean Festag; Attorney Arlene Marcia Rosen terminated; Signed by Judge Marilyn Hall Patel on 11/12/2009. (awb, COURT STAFF) (Filed on 11/12/2009)

Nov. 12, 2009 RECAP
100

ORDER OF CLARIFICATION re Appeal 09-74059; Signed by Judge Marilyn Hall Patel on 1/4/2010. (awb, COURT STAFF) (Filed on 1/5/2010)

Jan. 5, 2010 RECAP
6

AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR CLASS ACTION AND INDIVIDUAL RELIEF FOR INJURIES AND VIOLATION OF CIVIL RIGHTS against William Bergeron #7828, J. Festag, City Of Oakland, Richard Word. Filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 9/22/2005) (Entered: 09/22/2005)

Sept. 22, 2005
105

USCA ORDER (gba, COURT STAFF) (Filed on 1/14/2010)

Jan. 14, 2010 RECAP
7

AMENDED DOCUMENT by Darnell Foster. SUMMONS AND . (Attachments: # 1)(Burris, John) (Filed on 9/30/2005) (Entered: 09/30/2005)

Sept. 30, 2005
8

AMENDED DOCUMENT by Darnell Foster. FIRST AMENDED SUMMONS . (Attachments: # 1)(Burris, John) (Filed on 9/30/2005) (Entered: 09/30/2005)

Sept. 30, 2005
121

ORDER by Judge Marilyn Hall Patel granting 118 Motion to Substitute Party Estate of Darnell Foster for plaintiff Darnell Foster (awb, COURT STAFF) (Filed on 7/28/2010)

July 28, 2010 RECAP
9

ORDER RELATING CASE to C 04−4843 MHP; Case reassigned to Judge Marilyn H. Patel for all further proceedings; Signed by Judge Marilyn Hall Patel on 10/5/2005. (awb, COURT−STAFF) (Filed on 10/6/2005) (Entered: 10/06/2005)

Oct. 6, 2005
10

CLERK'S NOTICE: Case Management Conference set for 11/21/2005 03:00 PM before the Honorable Marilyn Hall Patel; Case Management Statement due by 11/10/2005. (awb, COURT−STAFF) (Filed on 10/7/2005) (Entered: 10/07/2005)

Oct. 7, 2005
11

NOTICE of Appearance by Michael J. Haddad for Plaintiff Yancie Young and Class Members (Haddad, Michael) (Filed on 10/30/2005) (Entered: 10/30/2005)

Oct. 30, 2005
12

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE by Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 11/18/2005) (Entered: 11/18/2005)

Nov. 18, 2005
14

CLERK'S NOTICE: Status Conference reset for 1/19/2006 03:00 PM. Joint Status Report due by 1/9/2006. (awb, COURT−STAFF) (Filed on 12/28/2005) (Entered: 12/28/2005)

Dec. 28, 2005
15

JOINT CASE MANAGEMENT STATEMENT filed by YANCIE YOUNG. (Haddad, Michael) (Filed on 1/9/2006) (Entered: 01/09/2006)

Jan. 9, 2006
16

Minute Entry:Status Conference before the honorable Marilyn Hall Patel; (Date Filed: 1/20/2006). Related case order previously filed; Actions to be consolidated for discovery purposes; Defendant to submit declaration re organization of IA files re search parameters within 30 days; Plaintiffs to propose class representatives within thirty days; Stipulated protective order to be submitted; Briefing schedules as follows: Class Certification Motions to be filed by 3/21/2006; Oppositions to be filed by 6/26/2006; Status Conference set for 7/10/2006 at 3:00 pm, with a joint statement to be filed by 7/5/2006; Further discovery dates to be discussed at the status conference; Status Conference set for 7/10/2006 03:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Belle Ball.) (awb, COURT−STAFF) (Date Filed: 1/20/2006) (Entered: 01/20/2006)

Jan. 20, 2006
17

MOTION to Certify Class PLAINTIFFS' PROPOSED CLASS REPRESENTATIVES filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 2/21/2006) (Entered: 02/21/2006)

Feb. 21, 2006
18

Answer to Amended Complaint DEFENDANTS CITY OF OAKLAND, J. FESTAG, AND W. BERGERON'S ANSWER TO FIRST AMENDED COMPLAINT byJ. Festag, William Bergeron #7828, City Of Oakland. (Rosen, Arlene) (Filed on 2/22/2006) (Entered: 02/22/2006)

Feb. 22, 2006
19

SUMMONS Returned Executed by Darnell Foster, Rafael Duarte. Richard Word served on 3/10/2006, answer due 3/30/2006. (Burris, John) (Filed on 3/15/2006) (Entered: 03/15/2006)

March 15, 2006
20

*** FILED IN ERROR. PLEASE SEE DOCKET # 21 . *** MOTION to Certify Class filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 4/24/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 3/20/2006) Modified on 3/21/2006 (ewn, COURT STAFF). (Entered: 03/20/2006)

March 20, 2006
21

CORRECTED MOTION to Certify Class CORRECTION OF DOCKET #(20) filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 4/24/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Burris, John) (Filed on 3/20/2006) Modified on 3/21/2006 (gba, COURT STAFF). (Entered: 03/20/2006)

March 20, 2006
22

Declaration of Ben Nisenbaum in Support of 21 MOTION to Certify Class CORRECTION OD DOCKET #(20) filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A)(Related document(s) 21 ) (Burris, John) (Filed on 3/23/2006) (Entered: 03/23/2006)

March 23, 2006
23

NOTICE by Darnell Foster, Rafael Duarte NOTICE TO VACATE HEARING DATE (Burris, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

March 24, 2006
24

NOTICE by YANCIE YOUNG of Unavailability of Counsel for Any Purpose from May 8−24, 2006 (Haddad, Michael) (Filed on 5/7/2006) (Entered: 05/07/2006)

May 7, 2006
25

MOTION to Related Case NOTICE AND ADMINISTRATIVE MOTION TO DETERMINE WHETHER CASES SHOULD BE RELATED filed by Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 6/30/2006) (Entered: 06/30/2006)

June 30, 2006
27

ORDER by Judge Marilyn Hall Patel granting 25 Motion to Relate Case C 06−2426 MJJ to this action. (awb, COURT−STAFF) (Filed on 7/12/2006) (Entered: 07/12/2006)

July 12, 2006
28

Minute Entry: Status Conference before the Hon. Marilyn Hall Patel; Outstanding discovery discussed; Stipulated protective order to be filed within the week; Depositions of plaintiffs to be completed by end of Oct/2006; Amended motion(s) for class cert to be filed by 12/4/2006, with hearing 2:00 pm on 1/22/2007; (Date Filed: 8/1/2006).(Court Reporter Sahar McVicker.) (awb, COURT−STAFF) (Date Filed: 8/1/2006) (Entered: 08/01/2006)

Aug. 1, 2006
29

Proposed Order STIPULATED PROTECTIVE ORDER by City Of Oakland. (Rosen, Arlene) (Filed on 8/4/2006) (Entered: 08/04/2006)

Aug. 4, 2006
31

Declaration of Michael J. Haddad In Support of Plaintiffs' Amended Motion for Class Certification filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006
32

MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 1/22/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Burris, John) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006
33

Declaration of JOHN L. BURRIS in Support of 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 32 ) (Burris, John) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006
34

Proposed Order re 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 12/5/2006) (Entered: 12/05/2006)

Dec. 5, 2006
35

AFFIDAVIT in Opposition TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 12/29/2006) (Entered: 12/29/2006)

Dec. 29, 2006
36

DECLARATION of ARLENE M. ROSEN IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 12/29/2006) (Entered: 12/29/2006)

Dec. 29, 2006
37

Letter from Arlene M. Rosen dated January 2, 2007 . (Westmore, Kandis) (Filed on 1/2/2007) (Entered: 01/02/2007)

Jan. 2, 2007
38

MEMORANDUM in Opposition to Plaintiffs' Motion for Class Certification (Amended) filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 1/2/2007) (Entered: 01/02/2007)

Jan. 2, 2007
39

Reply to Opposition re 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 1/8/2007) (Entered: 01/08/2007)

Jan. 8, 2007
40

Declaration of Michael J. Haddad in Support of 39 Reply to Opposition (Supplemental Haddad Decl.) filed byYANCIE YOUNG. (Attachments: # 1 Exhibit A, Young Deposition Excerpts# 2 Exhibit B, Rider Complaint# 3 Exhibit C, Taylor First Amended Complaint)(Related document(s) 39 ) (Haddad, Michael) (Filed on 1/8/2007) (Entered: 01/08/2007)

Jan. 8, 2007
41

Minute Entry: Motion Hearing held on 1/22/2007 before Judge Marilyn Hall Patel (Date Filed: 1/24/2007). Motion for Class Certification denied without prejudice. Case Management Statement due by 2/26/2007. Case Management Conference set for 3/5/2007 03:00 PM. (Court Reporter Leo Mankiewicz.) (epb, COURT STAFF) (Date Filed: 1/24/2007) (Entered: 01/24/2007)

Jan. 24, 2007
43

ADR Clerks Notice re: Non−Compliance with Court Order. (tjs, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/14/2007)

Feb. 14, 2007
44

Minute Entry: Status Conference before the Honorable Marilyn Hall Patel; (Date Filed: 3/5/2007) (Date Filed: 3/5/2007); Briefing schedules as follows: Motions to be filed by 5/29/2007; Responses due by 6/18/2007; Replies due by 6/25/2007; Motion Hearing set for 7/9/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Juanita Gonzales.) (awb, COURT−STAFF) (Date Filed: 3/5/2007) (Entered: 03/05/2007)

March 5, 2007

Set/Reset Hearings: Status Conference set for 8/6/2007 03:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Marilyn H. Patel. (awb, COURT−STAFF) (Filed on 3/5/2007) (Entered: 03/05/2007)

March 5, 2007
45

MOTION to Related Case Notice and Administrative Motion to Determine Whether Cases Should Be Related (Civil L.R. 3−12) filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 4/2/2007) (Entered: 04/02/2007)

April 2, 2007

Cases associated. (gba, COURT STAFF) (Filed on 4/4/2007) (Entered: 04/04/2007)

April 4, 2007
47

CLERK'S NOTICE: Further Case Management Conference set for 7/2/2007 03:00 PM before the Honorable Marilyn Hall Patel; Case Management Statement due by 6/22/2007. (awb, COURT−STAFF) (Filed on 4/19/2007) (Entered: 04/19/2007)

April 19, 2007
48

MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. Motion Hearing set for 7/9/2007 02:00 PM. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 5/29/2007) (Entered: 05/29/2007)

May 29, 2007
49

Declaration of JOHN J. RYAN in Support of 48 MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed byDarnell Foster. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 48 ) (Burris, John) (Filed on 5/29/2007) (Entered: 05/29/2007)

May 29, 2007
50

Declaration of Benjamin Nisenbaum in Support of 48 MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed byDarnell Foster. (Attachments: # 1 Exhibit A Deposition of Richard Word# 2 Exhibit EXH B Deposition of Jeffrey Israel pgs 1−49# 3 Exhibit EXH B Deposition of Jeffrey Israel pgs 50−102# 4 Exhibit EXH B Deposition of Jeffrey Israel Exhibits 1 and 2# 5 Exhibit EXH B Deposition of Jeffrey Israel Exhibit 3# 6 Exhibit EXH B Deposition of Jeffrey Israel Exhibits 4 and 5)(Related document(s) 48 ) (Burris, John) (Filed on 5/30/2007) (Entered: 05/30/2007)

May 30, 2007
51

Memorandum in Opposition DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

June 18, 2007
52

Letter Brief re (50 in 3:04−cv−04843−MHP) Memorandum in Opposition STATEMENT OF GENUINE ISSUES IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

June 18, 2007
53

EXHIBITS re (51 in 3:04−cv−04843−MHP) Letter Brief, (50 in 3:04−cv−04843−MHP) Memorandum in Opposition DEFENDANTS' SUPPORTING EVIDENCE IN SUPPORT OF OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT; INDEX OF EXHIBITS filed byCity of Oakland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit A# 13 Exhibit B)(Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

June 18, 2007
54

Letter Brief LETTER TO JUDGE MARILYN HALL PATEL IN RESPONSE TO THE DECLARATION OF MICHAEL J. HADDAD FILED ON JUNE 19, 2007 filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/21/2007) (Entered: 06/21/2007)

June 21, 2007
55

Declaration of ARLENE M. ROSEN IN SUPPORT OF 51 OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by City of Oakland. (Westmore, Kandis) (Filed on 6/21/2007) Modified on 6/22/2007 (gba, COURT STAFF). (Entered: 06/21/2007)

June 21, 2007
56

CLERK'S NOTICE: Further Case Management Conference reset for 7/9/2007 02:00 PM. (awb, COURT−STAFF) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007
57

Request for Judicial Notice IN SUPPORT OF 51 DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by City of Oakland. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Westmore, Kandis) (Filed on 6/28/2007) Modified on 6/29/2007 (gba, COURT STAFF). (Entered: 06/28/2007)

June 28, 2007
58

MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C−05−3110 MHP) filed by James Taylor. Motion Hearing set for 7/9/2007 02:00 PM. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

June 29, 2007
59

Declaration of John J. Ryan in Support of (63 in 3:04−cv−04843−MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C−05−3110 MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C−05−3110 MHP) filed by James Taylor. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Supplement C)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

June 29, 2007
60

Declaration of Benjamin Nisenbaum in Support of (63 in 3:04−cv−04843−MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C−05−3110 MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C−05−3110 MHP) filed byJames Taylor. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit B pages 50−102# 4 Exhibit B Attachments 1 and 2# 5 Exhibit B Attachment 3−1# 6 Exhibit B Attachment 3−2# 7 Exhibit C with Exhibits A−D# 8 Exhibit C with Exhibits E−G)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

June 29, 2007
61

Minute Entry: Motion Hearing held on 7/9/2007 before Hon. Marilyn Hall Patel (Date Filed: 7/10/2007) re plaintiffs' motion for partial summary judgment (Court Reporter Sahar McVicker.) (awb, COURT−STAFF) (Date Filed: 7/10/2007) (Entered: 07/10/2007)

July 10, 2007
62

ORDER RELATING CASE C 07−6298 JCS to C 04−4843 MHP; Signed by Judge Marilyn Hall Patel on 3/18/2008. (awb, COURT−STAFF) (Filed on 3/19/2008) (Entered: 03/19/2008)

March 19, 2008
63

OPINION by Judge Marilyn Hall Patel: The court GRANTS IN PART plaintiffs motion for partial summary judgment with respect to the request for declaratory relief that the 1998 and 2004 OPD policies are unconstitutional in certain respects, and DENIES the motion for summary judgment on liability and declaratory relief on the individual searches at issue; The parties shall arrange a case management conference with the court to discuss the remedies necessary to comply with this order and for further proceedings in this and the other related cases. (awb, COURT−STAFF) (Filed on 3/27/2008) (Entered: 03/27/2008)

March 27, 2008
64

Minute Entry: Status Conference held on 5/5/2008 before the Hon. Marilyn Hall Patel (Date Filed: 5/6/2008 (Court Reporter Jim Yeomans.) (awb, COURT−STAFF) (Date Filed: 5/6/2008) (Entered: 05/06/2008)

May 6, 2008
65

JOINT CASE MANAGEMENT STATEMENT filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Chart of Actions, # 2 Map of Locations)(Burris, John) (Filed on 6/6/2008) (Entered: 06/06/2008)

June 6, 2008
66

Minute Entry: Status Conference held on 6/11/2008 before the Hon. Marilyn Hall Patel; (Date Filed: 6/11/2008); Class cert motions to be filed by 9/15/2008; Responses due by 10/15/2008; Replies due by 11/15/2008; Motion Hearing set for 12/1/2008 02:00 PM; Final Pretrial Conference set for 2/19/2009 02:30 PM; Jury Trial set for 3/3/2009 08:30 AM;(Court Reporter Lydia Zinn.) (Attachments: # 1 Supplement) (awb, COURT−STAFF) (Date Filed: 6/11/2008) (Entered: 06/13/2008)

June 11, 2008
67

RENEWED MOTION to Certify Class filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. Motion Hearing set for 12/1/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Sherwin, Julia) (Filed on 9/9/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 09/09/2008)

Sept. 9, 2008
68

Declaration of Julia Sherwin in Support of 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A, Chart of Plaintiffs, # 2 Exhibit B, Sample Class Notice &Claim Forms, # 3 Exhibit C, Bynum Class Cert Order, # 4 Exhibit D, Fallehy Deposition, # 5 Exhibit E, CJSC Statistics, # 6 Exhibit F, Word Deposition, # 7 Exhibit G, Oakland Police Monitors' Report, # 8 Exhibit H, OPD 1998 Strip Search Policy, # 9 Exhibit I, OPD 2004 Strip Search Policy)(Related document(s) 67 ) (Sherwin, Julia) (Filed on 9/9/2008) (Entered: 09/09/2008)

Sept. 9, 2008
69

Memorandum of Points and Authorities in Opposition to 67 PLAINTIFFS RENEWED MOTION FOR CLASS CERTIFICATION filed by City Of Oakland. (Westmore, Kandis) (Filed on 10/15/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 10/15/2008)

Oct. 15, 2008
70

DECLARATION of ARLENE ROSEN IN SUPPORT OF 69 DEFENDANTS' OPPOSITION TO PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION filed by City Of Oakland. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Rosen, Arlene) (Filed on 10/15/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 10/15/2008)

Oct. 15, 2008
71

CERTIFICATE OF SERVICE by City Of Oakland re 70 Declaration in Opposition, 69 Memorandum in Opposition (Westmore, Kandis) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008
72

STIPULATION AND ORDER EXTENDING FACT AND EXPERT DISCOVERY CUT−OFFS: Fact discovery extended to 1/6/2009; Expert designation by 1/13/2009; Signed by Judge Marilyn Hall Patel on 11/14/2008. (awb, COURT−STAFF) (Filed on 11/14/2008) (Entered: 11/14/2008)

Nov. 14, 2008
73

Reply to Opposition re 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

Nov. 17, 2008
74

Proposed Order (PROPOSED) ORDER DENYING PLAINTIFFS RENEWED MOTION FOR CLASS CERTIFICATION by City Of Oakland. (Westmore, Kandis) (Filed on 11/17/2008) (Entered: 11/17/2008)

Nov. 17, 2008
75

Declaration of Julia Sherwin [SUPPLEMENTAL DECLARATION] in Support of 73 Reply to Opposition, 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A, Testimony of Shirley Poe CDC East Bay District Administrator, # 2 Exhibit B, CDC 2007 Report Re: Parolees, # 3 Exhibit C−1, OPD 2007 1st Watch Report, # 4 Exhibit C−2, OPD 2007 2nd Watch Report, # 5 Exhibit C−3, OPD 2007 3rd Watch Report, # 6 Exhibit D, San Francisco Chronicle re: OPD Racial Profiling, # 7 Exhibit E, Counsel Correspondence)(Related document(s) 73 , 67 ) (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

Nov. 17, 2008
76

Proposed Order re 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION, (PROPOSED) ORDER GRANTING by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

Nov. 17, 2008
77

CLERKS NOTICE: Hearing on plaintiffs' motion (renewed) for class certification reset from 12/1/2008 to 12/8/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel (awb, COURT−STAFF) (Filed on 11/25/2008) (Entered: 11/25/2008)

Nov. 25, 2008
78

Minute Entry: Motion Hearing held on 12/8/2008 before Hon. Marilyn Hall Patel (Date Filed: 12/9/2008) re (67 in 3:05−cv−03110−MHP) MOTION to Certify Class; CASE REFERRED to a Magistrate Judge for Settlement Conference, to be completed within the next 60 days; (Court Reporter Connie Kuhl.) (awb, COURT−STAFF) (Date Filed: 12/9/2008) (Entered: 12/09/2008)

Dec. 9, 2008

CASE REFERRED to Magistrate Judge James Larson for Settlement (cmw, COURT STAFF) (Filed on 12/17/2008) (Entered: 12/17/2008)

Dec. 17, 2008
80

Minute Entry: A conference was held in the case. (Date Filed: 1/12/2009). () (jlsec, COURT STAFF) (Date Filed: 1/12/2009) (Entered: 01/14/2009)

Jan. 12, 2009
81

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES: Jury Trial reset for 6/30/2009 08:30 AM; Pretrial Conference set for 6/17/2009 02:30 PM; Signed by Judge Marilyn Hall Patel on 1/16/2009. (awb, COURT−STAFF) (Filed on 1/20/2009) (Entered: 01/20/2009)

Jan. 20, 2009
82

Minute Entry: A Further Settlement Conference was held on 3/18/09. Parties are negotiating. (Date Filed: 3/18/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 3/18/2009) (Entered: 03/19/2009)

March 18, 2009
83

Order Setting Settlement Conference before Magistrate Judge James Larson. Further Settlement Conference set for 6/10/2009 02:00 PM. Signed by Judge James Larson on 6/3/09. (jlsec, COURT STAFF) (Filed on 6/3/2009) (Entered: 06/03/2009)

June 3, 2009
84

Minute Entry: A Further Settlement Conference was held on 6/10/09. The parties continue to negotiate. (Date Filed: 6/10/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 6/10/2009) (Entered: 06/17/2009)

June 10, 2009
85

Minute Entry: A Further Telephone Settlement Conference was held on 6/17/09. The parties continue to negotiate. (Date Filed: 6/17/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 6/17/2009) (Entered: 06/17/2009)

June 17, 2009
86

CLERKS NOTICE: Further Status Conference set for 10/26/2009 03:00 PM before the Hon. Marilyn Hall Patel; Joint Case Management Statement due by 10/16/2009; Jury Trial reset for 2/9/2010 08:30 AM in Courtroom 15, 18th Floor, San Francisco. (awb, COURT STAFF) (Filed on 7/17/2009) (Entered: 07/17/2009)

July 17, 2009
87

MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by YANCIE YOUNG. Motion Hearing set for 8/31/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

July 23, 2009
88

Proposed Order re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young by YANCIE YOUNG. (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

July 23, 2009
89

Declaration of Michael J. Haddad in Support of 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed byYANCIE YOUNG. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Related document(s) 87 ) (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

July 23, 2009
90

Minute Entry: A further telephone conference was held on 7/28/09. (Date Filed: 7/28/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 7/28/2009) (Entered: 08/10/2009)

July 28, 2009
91

STIPULATION AND ORDER RESETTING Hearing on Motion (101 in 3:04−cv−04843−MHP)(87 in 3:05−cv−03110−MHP) MOTION for Partial Summary Judgment to 9/21/2009 02:00 PM; Signed by Judge Marilyn Hall Patel on 8/26/2009. (awb, COURT STAFF) (Filed on 8/26/2009) (Entered: 08/26/2009)

Aug. 26, 2009
92

Reply Memorandum re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 9/4/2009) (Entered: 09/04/2009)

Sept. 4, 2009
93

OBJECTIONS to re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young (Plaintiff Yancie Young's Objections to Defendant's Evidence) by YANCIE YOUNG. (Haddad, Michael) (Filed on 9/4/2009) (Entered: 09/04/2009)

Sept. 4, 2009
94

Minute Entry: Motion Hearing held on 9/21/2009 before Hon. Marilyn Hall Patel (Date Filed: 9/21/2009) re (87 in 3:05−cv−03110−MHP) MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by YANCIE YOUNG, (101 in 3:04−cv−04843−MHP) MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by Jimmy Rider: ( Status Conference confirmed for 10/26/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco)(Court Reporter Margo Garule.) (awb, COURT STAFF) (Date Filed: 9/21/2009) (Entered: 09/22/2009)

Sept. 21, 2009
95

Minute Entry: Status Conference held on 10/26/09 before the Hon. Marilyn Hall Patel (Date Filed: 10/26/2009); Pretrial Conference set for 1/27/2010 02:30 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Jim Yeomans.) (awb, COURT STAFF) (Date Filed: 10/26/2009) (Entered: 10/27/2009)

Oct. 26, 2009

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Aug. 1, 2005

Closing Date: April 18, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Men who claimed they were wrongfully searched by Oakland Police

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Oakland (Oakland), City

Defendant Type(s):

Law-enforcement

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2015

Content of Injunction:

Preliminary relief denied

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Assault/abuse by staff

Excessive force

Search policies

Strip search policy