Case: Torres v. Valencia County

2:07-cv-00328 | U.S. District Court for the District of New Mexico

Filed Date: April 3, 2007

Closed Date: Nov. 22, 2010

Clearinghouse coding complete

Case Summary

In April 2007, Plaintiffs, a class of pre-arraignment inmates at Valencia County Detention Center (VCDC), were subjected to strip searches. Plaintiffs, represented by private counsel, filed a 28 U.S.C. 1983 lawsuit against the County and the private corporation operating the facility, alleging violations of their constitutional rights and state law violations. The plaintiffs sought damages and an injunction.

Plaintiffs and Defendants stipulated to a settlement on Dec. 12, 2008, under which plaintiffs agreed to dismiss their case, acknowledge that the VCDC had already ameliorated the strip search policy, and the defendants would pay, collectively, approximately 3.3 million dollars in damages to a settlement fund. The class representatives received approximately $42,000 dollars each.

The Federal District Court for the District of New Mexico, (Judge Christina Armijo), approved the settlement agreement on July 7, 2009.

Summary Authors

Blase Kearney (4/8/2012)

People


Judge(s)

Armijo, M. Christina (New Mexico)

Attorneys(s) for Plaintiff

Apodaca, Frank (New Mexico)

Bienvenu, John C. (New Mexico)

Donatelli, Mark H. (New Mexico)

Griego, Michael R. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Allen, Patrick D. (New Mexico)

Eaton, P. Scott (New Mexico)

Expert/Monitor/Master

Jaramillo, Joseph E. (California)

Schneider, W. Daniel (New Mexico)

Judge(s)

Armijo, M. Christina (New Mexico)

Attorneys(s) for Plaintiff

Apodaca, Frank (New Mexico)

Bienvenu, John C. (New Mexico)

Donatelli, Mark H. (New Mexico)

Griego, Michael R. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Allen, Patrick D. (New Mexico)

Eaton, P. Scott (New Mexico)

Expert/Monitor/Master

Jaramillo, Joseph E. (California)

Schneider, W. Daniel (New Mexico)

Documents in the Clearinghouse

Document

2:07-cv-00328

Docket

Nov. 22, 2010

Nov. 22, 2010

Docket
1

2:07-cv-00328

Class Action Complaint for Damages for Violations of Civil and Constitutional Rights and for Declaratory and Injunctive Relief

April 3, 2007

April 3, 2007

Complaint
62-1

2:07-cv-00328

Stipulation of Settlement

Dec. 15, 2008

Dec. 15, 2008

Settlement Agreement

2:07-cv-00328

Press Release

No Court

March 18, 2009

March 18, 2009

Press Release
74

2:07-cv-00328

Final Judgment of Dismissal and Order Granting Final Approval of Settlement Agreement

Torres v. County of Valencia

July 13, 2009

July 13, 2009

Settlement Agreement

Docket

Last updated Sept. 3, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action Complaint for Damages for Violations of Civil and Constitutional Rights and for Declaratory and Injunctive Relief against all defendants (Filing fee $ 350.), filed by Joe Torres, eufrasio armijo.(Bienvenu, John) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

Judge Leslie C. Smith and W. Daniel Schneider assigned. (nm) (Entered: 04/04/2007)

April 3, 2007

April 3, 2007

2

Letter re: Consent to Proceed before a US Magistrate Judge (nm) (Entered: 04/04/2007)

April 3, 2007

April 3, 2007

3

Filing fee: $ 350.00, receipt number 505941 (pz) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

Summons Issued as to Valencia County Board of County Commissioners, Cornell Companies, Inc., Michael Oliver &Lawrence Barreras. (nm) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

4

NOTICE by Joe Torres, Eufrasio Armijo Consent to Proceed Before a U.S. Magistrate Judge (Bienvenu, John) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

5

SUMMONS Returned Executed by Joe Torres, Eufrasio Armijo. Valencia County Board of County Commissioners served on 4/13/2007, answer due 5/3/2007. (Bienvenu, John) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

6

NOTICE by Valencia County Board of County Commissioners REFUSAL TO CONSENT TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE (Eaton, P.) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

7

VALENCIA COUNTY BOARD OF COUNTY COMMISSIONERS ANSWER to Complaint by Valencia County Board of County Commissioners. Related document: 1 Complaint filed by Eufrasio Armijo, Joe Torres.(Eaton, P.) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

8

NOTICE of Appearance by Patrick D Allen on behalf of Cornell Companies, Inc. (Allen, Patrick) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

9

Defendant Cornell Companies, Inc.'s ANSWER to Complaint with Jury Demand for Damages for Violations of Civil and Constitutional Rights and For Declaratory and Injunctive Relief by Cornell Companies, Inc.. Related document: 1 Complaint filed by Eufrasio Armijo, Joe Torres.(Allen, Patrick) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

10

NOTICE by Cornell Companies, Inc. of Consent to Proceed Before a U.S. Magistrate Judge (Allen, Patrick) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

11

MINUTE ORDER REASSIGNING CASE by Matthew J. Dykman, Clerk Case reassigned to Judge Judith C. Herrera for all further proceedings; Judge Leslie C. Smith no longer assigned to case (ac) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

12

MINUTE ORDER reassigning case from U.S. District Judge Judith C. Herrera to U.S. District Judge M. Christina Armijo by Clerk of Court (jm) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

13

SUMMONS Returned Executed by Joe Torres, Eufrasio Armijo. Cornell Companies, Inc. served on 4/26/2007, answer due 5/16/2007. (Bienvenu, John) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

14

WAIVER OF SERVICE Returned Executed by Joe Torres, Eufrasio Armijo. Michael Oliver waiver sent on 5/7/2007, answer due 7/6/2007. (Bienvenu, John) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

15

ANSWER to Complaint by Michael Oliver. Related document: 1 Complaint filed by Eufrasio Armijo, Joe Torres.(Eaton, P.) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

16

ORDER by Judge W. Daniel Schneider Scheduling Conference set for 7/9/2007 01:30 PM in Albuquerque − 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

17

Unopposed MOTION to Amend/Correct File First Amended Complaint by Joe Torres, Eufrasio Armijo. (Attachments: # 1 Exhibit A)(Bienvenu, John) (Entered:

June 15, 2007

June 15, 2007

19

CERTIFICATE OF SERVICE by Joe Torres for Plaintiffs' Initial Disclosures (Rothstein, Robert) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

22

ORDER by Judge M. Christina Armijo granting 17 Motion to Amend/Correct (jes) (Entered: 07/03/2007)

June 29, 2007

June 29, 2007

20

Joint Status Report and Provisional Discovery Plan by Joe Torres (Rothstein, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

21

CERTIFICATE OF SERVICE by Valencia County Board of County Commissioners For Defendants Valencia County Board of County Commissioners and Michael Oliver's Initial Rule 26 Disclosures (Eaton, P.) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

23

AMENDED COMPLAINT against Valencia County Board of County Commissioners, Cornell Companies, Inc., Michael Oliver. adding David Griego. terminating Lawrence Barreras., filed by Joe Torres, Eufrasio Armijo.(Bienvenu, John) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

Summons Issued as to David Griego. (nm) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

24

NOTICE of Appearance by Patrick D Allen on behalf of David Griego (Allen, Patrick) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

25

ANSWER to Amended Complaint by Cornell Companies, Inc., David Griego.(Allen, Patrick) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

Clerk's MinutesA Rule 16 Scheduling Conference was held before Judge W. Daniel Schneider. THIS IS A TEXT ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

26

NOTICE OF DEFICIENCY re 24 Notice of Appearance (ac) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

27

NOTICE OF DEFICIENCY re 25 Answer to Amended Complaint (ac) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

28

NOTICE by Cornell Companies, Inc., David Griego Certificate of Service as to Initial Disclosures of Defendants Cornell and Griego (Allen, Patrick) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

29

NOTICE OF DEFICIENCY re 28 Notice (Other) (ac) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

30

CERTIFICATE OF SERVICE by Cornell Companies, Inc., David Griego of Initial Disclosures (Allen, Patrick) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

31

Joint MOTION for Order of Confidentiality by Joe Torres, Eufrasio Armijo. (Attachments: # 1)(Bienvenu, John) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

32

NOTICE OF DEFICIENCY re 31 Joint MOTION for Order of Confidentiality (ac) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

33

SCHEDULING ORDER: by Judge W. Daniel Schneider Discovery due by 7/3/2007. Motions due by 8/21/2008. Proposed Pretrial Order due by 11/6/2008. (mm) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

34

ORDER ADOPTING JOINT STATUS REPORT by Judge W. Daniel Schneider (mm) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

35

STIPULATED CONFIDENTIALITY ORDER by District Judge M. Christina Armijo (jes) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

36

Defendant Michael Oliver's ANSWER to Amended Complaint by Michael Oliver.(Eaton, P.) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

38

First Amended ANSWER to Amended Complaint by Valencia County Board of County Commissioners.(Eaton, P.) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

39

First Amended ANSWER to Amended Complaint by Michael Oliver.(Eaton, P.) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

40

CERTIFICATE OF SERVICE by Joe Torres, Eufrasio Armijo for Plaintiff's Interrogatories and Request for Production to Defendant Valencia County Board of Commissioners (Bienvenu, John) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

41

CERTIFICATE OF SERVICE by Joe Torres, Eufrasio Armijo for Plaintiff's Interrogatories and Request for Production to Defendant Cornell Companies, Inc. (Bienvenu, John) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

42

WAIVER OF SERVICE Returned Executed by Joe Torres, Eufrasio Armijo. David Griego waiver sent on 7/16/2007, answer due 9/14/2007. (Bienvenu, John) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

43

CERTIFICATE OF SERVICE by Valencia County Board of County Commissioners First Set of Interrogatories and Request for Production of Documents to Plaintiffs Joe Torres and Eurfasio Armijo (Eaton, P.) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

44

CERTIFICATE OF SERVICE by Cornell Companies, Inc. First Interrogatories and Requests for Production to Plaintiff Eufrasio Armijo (Allen, Patrick) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

45

NOTICE OF DEFICIENCY re 44 Certificate of Service (ac) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

46

CERTIFICATE OF SERVICE by Valencia County Board of County Commissioners Answers to Plaintiff's First Interrogatories and First Request for Production (Eaton, P.) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

47

CERTIFICATE OF SERVICE by Cornell Companies, Inc. Objections and Responses to Plaintiff Joe Torres' First Set of Interrogatories and Requests for Production (Allen, Patrick) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

48

MINUTE ORDER Scheduling Jury Selection/Trial by District Judge M. Christina Armijo; Proposed Pretrial Order due by 2/10/2009. Call of the Calendar set for 3/5/2009 09:00 AM in Albuquerque − 480 Chama Courtroom before District Judge M. Christina Armijo. Jury Selection set for 3/9/2009 09:00 AM in Albuquerque − 480 Chama Courtroom before District Judge M. Christina Armijo. Jury Trial set for 3/9/2009 09:00 AM in Albuquerque − 480 Chama Courtroom before District Judge M. Christina Armijo. Pretrial Conference set for 2/3/2009 09:00 AM in Albuquerque − 480 Chama Courtroom before District Judge M. Christina Armijo. (Attachments: # 1 Trial Prep. Instructions)(al) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

49

CERTIFICATE OF SERVICE by Eufrasio Armijo (Rothstein, Robert) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

50

CERTIFICATE OF SERVICE by Joe Torres (Rothstein, Robert) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

51

Unopposed MOTION for Extension of Time to Complete Discovery Relating to Class Certification by Joe Torres, Eufrasio Armijo. (Bienvenu, John) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

52

ORDER by Judge W. Daniel Schneider granting 51 Motion for Extension of Time to Complete Discovery (mm) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

53

ORDER by Judge W. Daniel Schneider Telephonic Status Conference set for 3/3/2008 10:30 AM in Albuquerque − 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

Set/Reset Deadlines: Discovery due by 9/3/2008. Motions due by 10/3/2008. (mm) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

55

CERTIFICATE OF SERVICE by Eufrasio Armijo for First Requests for Admission to Defendant Cornell Companies, Inc. (Rothstein, Robert) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

56

CERTIFICATE OF SERVICE by Joe Torres for First Requests for Admission to Defendant Valencia County Board of Commissioners (Rothstein, Robert) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

57

CERTIFICATE OF SERVICE by Cornell Companies, Inc. Objections and Responses to Plaintiff Eufrasio Armijo's First Requests for Admission (Allen, Patrick) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

58

CERTIFICATE OF SERVICE by Valencia County Board of County Commissioners Responses to Plaintiff's Request for Admissions (Eaton, P.) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

59

CERTIFICATE OF SERVICE by Joe Torres, Eufrasio Armijo for Second Requests for Admission to Defendant Valencia County Board of Commissioners (Bienvenu, John) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

60

CERTIFICATE OF SERVICE by Valencia County Board of County Commissioners Answers to Plaintiff's Second Requests for Admissions (Eaton, P.) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

61

Clerk's Minutes for proceedings held before Magistrate Judge W. Daniel Schneider: Telephone Conference held with all parties on 12/5/2008 to discuss the status of the settlement agreement in this matter. The parties believe they have worked out nearly all the details of the agreement and can submit a written agreement by December 19, 2008. THIS IS A TEXT ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED. (sco) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

62

Unopposed MOTION to Approve Settlement Preliminarily of Class Action Settlement Agreement by Joe Torres, Eufrasio Armijo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bienvenu, John) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

63

AFFIDAVIT re 62 Unopposed MOTION to Approve Settlement Preliminarily of Class Action Settlement Agreement by John C. Bienvenu by Joe Torres, Eufrasio Armijo (Bienvenu, John) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

64

ORDER by District Judge M. Christina Armijo vacating pretrial conference set for 2/3/09, call of calendar set for 3/5/09, and jury selection/trial set for 3/9/09, and requesting additional information re: 62 Unopposed MOTION to Approve Settlement Preliminarily of Class Action Settlement Agreement filed by Eufrasio Armijo, Joe Torres; Exhibits to settlement agreement due by 1/15/09. (al) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

65

NOTICE by Joe Torres, Eufrasio Armijo re 64 Terminate Hearings, Order, of Filing (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bienvenu, John) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

66

ORDER by District Judge M. Christina Armijo granting preliminary approval and setting fairness hearing re: 62 Unopposed MOTION to Approve Settlement Preliminarily of Class Action Settlement Agreement filed by Eufrasio Armijo, Joe Torres. Fairness Hearing set for 7/13/2009 09:00 AM in Albuquerque − 480 Chama Courtroom before District Judge M. Christina Armijo. (al) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

68

Unopposed MOTION for Attorney Fees , Costs and Incentive Payments by Joe Torres, Eufrasio Armijo. (Bienvenu, John) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

69

AFFIDAVIT of John C. Bienvenu re 67 Unopposed MOTION to Approve Settlement of Class Action − Final by Joe Torres, Eufrasio Armijo (Bienvenu, John) Modified docket text on 6/23/2009 (ln). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

70

AFFIDAVIT of Mark H. Donatelli re 67 Unopposed MOTION to Approve Settlement of Class Action − Final by Joe Torres, Eufrasio Armijo (Bienvenu, John) Modified docket text on 6/23/2009 (ln). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

71

AFFIDAVIT of Robert R. Rothstein re 67 Unopposed MOTION to Approve Settlement of Class Action − Final by Joe Torres, Eufrasio Armijo (Bienvenu, John) Modified docket text on 6/23/2009 (ln). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

72

AFFIDAVIT of Ryanne Cozzi re 67 Unopposed MOTION to Approve Settlement of Class Action − Final by Joe Torres, Eufrasio Armijo (Bienvenu, John) Modified docket text on 6/23/2009 (ln). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

73

AFFIDAVIT of Eufrasio Armijo re 67 Unopposed MOTION to Approve Settlement of Class Action − Final by Joe Torres, Eufrasio Armijo (Bienvenu, John) Modified docket text on 6/23/2009 (ln). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

74

FINAL JUDGMENT OF DISMISSAL AND ORDER Granting Final Approval of Settlement Agreement by District Judge M. Christina Armijo granting 67 Motion to Approve Settlement Agreement (ln) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

75

Clerk's Minutes for proceedings held before District Judge M. Christina Armijo: Fairness Hearing held on 7/13/2009. (Court Reporter J. Goehl) (jc) (Entered: 08/12/2009)

July 13, 2009

July 13, 2009

76

Letter re settlement check by Jeremy Baldonado (ln) (Entered: 10/15/2009)

Oct. 9, 2009

Oct. 9, 2009

77

Joint MOTION for Disbursement of Funds of Settlement Proceeds by Eufrasio Armijo. (Rothstein, Robert) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

78

ORDER by District Judge M. Christina Armijo Granting 77 Joint Motion for Approval of Final Distribution of Settlement Proceeds (jab) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

Case Details

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 3, 2007

Closing Date: Nov. 22, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-arraignment arrestees at Valencia County Detention Center from 2004 onward.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Valencia County (Valencia), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3.31 million

Issues

General:

Search policies

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run