Case: Bradshaw v. McLennan County

6:08-cv-00246 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 8, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 8, 2008, Plaintiffs filed a federal class action lawsuit under 42 U.S.C. § 1983 against McLennan County, McLennan County Sheriff's Office, and others in the U.S. District Court for the Western District of Texas, Waco Division.The named plaintiffs were each arrested for driving under the influence of alcohol. In each case, the arresting officer took the plaintiff to the McLennan County jail where he was subjected to a visual body cavity search. Plaintiffs allege that the strip searc…

On September 8, 2008, Plaintiffs filed a federal class action lawsuit under 42 U.S.C. § 1983 against McLennan County, McLennan County Sheriff's Office, and others in the U.S. District Court for the Western District of Texas, Waco Division.

The named plaintiffs were each arrested for driving under the influence of alcohol. In each case, the arresting officer took the plaintiff to the McLennan County jail where he was subjected to a visual body cavity search. Plaintiffs allege that the strip searches were performed prior to any appearance before a judge and without individualized reasonable suspicion that either plaintiff was concealing weapons or contraband.

Plaintiffs allege that the McLennan County Sheriff's Deputies routinely follow a policy of strip searching pre-arraignment detainees without having an individualized reasonable suspicion that such a search would be productive of weapons or contraband.

Plaintiffs seek monetary damages and declaratory and injunctive relief. Specifically, Plaintiffs claim damages for "distress, anguish, suffering, humiliation, deprivation of constitutional rights, and other incidental, consequential, and special damages" all arising from the strip search that each defendant endured. Plaintiffs also allege that the defendants acted in a "malicious, reckless, wanton, oppressive, and/or fraudulent" way that justifies an award of punitive damages. Plaintiffs additionally ask the Court to enjoin Defendants from strip searching persons arrested for non-violent, non-drug related crimes.

On May 19, 2009, in a 17-page ruling, the U.S. District Court (Judge Walter S. Smith Jr.) ordered that Plaintiff's claims against "the McLennan County Sheriff's Department" and against "Sheriff Larry Lynch in his Official Capacity" be dismissed. However, the Court denied Defendants' motion to dismiss for failure to allege a constitutional violation. Taking as true all of Plaintiffs' allegations, the Court held that Plaintiffs alleged a constitutional violation but lacked standing to pursue injunctive relief, because any threat of future harm to the named Plaintiffs is based on a hypothetical situation where they again violate the law.

After the ruling on Defendants' motions to dismiss, Plaintiffs sought class certification. On October 30, 2009, Judge Smith Jr. denied the motion.

On January 19, 2010, the parties filed a joint motion to withdraw and pursue non-binding mediation through the Court's Alternative Dispute Resolution ("ADR") program. The parties reached a settlement whose terms are not available at the time of this writing.

On May 11, 2010, pursuant to the Stipulation of Dismissal filed by the parties, the Court (Judge Smith Jr.) dismissed the case with prejudice.

Summary Authors

Xin Chen (4/8/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4400005/parties/bradshaw-v-mclennan-county/


Judge(s)

Manske, Jeffrey C. (Texas)

Smith, Walter Scott Jr. (Texas)

Attorneys(s) for Plaintiff

Harrington, James C (Texas)

Kaizuka, Joshua (California)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Davis, Robert Scott (Texas)

Dixon, Michael W (Texas)

Judge(s)

Manske, Jeffrey C. (Texas)

Smith, Walter Scott Jr. (Texas)

Attorneys(s) for Plaintiff

Harrington, James C (Texas)

Kaizuka, Joshua (California)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Davis, Robert Scott (Texas)

Dixon, Michael W (Texas)

Documents in the Clearinghouse

Document

Docket [PACERA]

Bradshaw v. McLennan County

May 11, 2010 Docket
1

Class Action Complaint for Damages

Sept. 8, 2008 Complaint
9

First Amended Class Action Complaint

Nov. 24, 2008 Complaint
21

Memorandum Opinion and Order

May 19, 2009 Order/Opinion
26

Plaintiff's Motion for Class Certification and Memorandum

June 25, 2009 Pleading / Motion / Brief
34

Memorandum Opinion and Order (denying class certification)

Oct. 30, 2009 Order/Opinion
46

Stipulation for Dismissal With Prejudice

May 7, 2010 Pleading / Motion / Brief

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

See docket on RECAP: https://www.courtlistener.com/docket/4400005/bradshaw-v-mclennan-county/

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

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL AND CONSTITUTIONAL RIGHTS AND FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 350 receipt number 424399), filed by William Robert Bradshaw.(as, ) (Entered: 09/09/2008)

Sept. 8, 2008 PACER
2

* MOTION to Appear Pro Hac Vice by Mark E. Merin on behalf of William Robert Bradshaw. (as, ) (Entered: 09/09/2008)

Sept. 8, 2008 PACER
3

* MOTION to Appear Pro Hac Vice by Joshua Kaizuka on behalf of William Robert Bradshaw. (as, ) (Entered: 09/09/2008)

Sept. 8, 2008 PACER
4

Summons Issued as to McLennan County, McLennan County Sheriff's Office, Larry Lynch. (as, ) (Entered: 09/09/2008)

Sept. 9, 2008 PACER
5

ORDER GRANTING 2 Motion to Appear Pro Hac Vice Signed by Judge Walter S. Smith. (as, ) (Entered: 09/15/2008)

Sept. 12, 2008 PACER
6

ORDER GRANTING 3 Motion to Appear Pro Hac Vice Signed by Judge Walter S. Smith. (as, ) (Entered: 09/15/2008)

Sept. 12, 2008 PACER
7

NOTICE of Vacation by William Robert Bradshaw (Medlock, Scott) (Entered: 09/17/2008)

Sept. 17, 2008 PACER
8

CONSENT/NON-CONSENT to Trial by US Magistrate Judge by William Robert Bradshaw Received. (Document is sealed pursuant to the Electronic Filing Procedures for the Western District of Texas). (as, ) (Entered: 09/23/2008)

Sept. 22, 2008 PACER
9

FIRST AMENDED CLASS ACTION COMPLAINT FOR DAMAGES FOR VIOLATIONS OF CIVIL AND CONSTITUTIONAL RIGHTS AND FOR DECLARATORY AND INJUNCTIVE RELIEF against McLennan County, McLennan County Sheriff's Office, Larry Lynch, McLennan County Sheriff Deputies Does 1-50, Roes 1-20 amending 1 Complaint., filed by Randall Lee Gerik, William Robert Bradshaw.(as, ) (Entered: 11/25/2008)

Nov. 24, 2008 PACER
10

Summons Reissued as to McLennan County, McLennan County Sheriff's Office, Larry Lynch in re: amended complaint (as, ) (Entered: 11/25/2008)

Nov. 24, 2008 PACER
11

SUMMONS Returned Executed by William Robert Bradshaw, Randall Lee Gerik. McLennan County served on 1/12/2009, answer due 2/1/2009; McLennan County Sheriff's Office served on 1/9/2009, answer due 1/29/2009; Larry Lynch served on 1/9/2009, answer due 1/29/2009. (Merin, Mark) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
12

RESPONSE in Joint Opposition to Plaintiffs' Request for Class Certification by McLennan County, McLennan County Sheriff's Office, Larry Lynch. (Attachments: # 1 Proposed Order on Plaintiffs' Request for Class Certification)(Dixon, Michael) (Entered: 01/27/2009)

1 Proposed Order on Plaintiffs' Request for Class Certification

View on PACER

Jan. 27, 2009 PACER
13

MOTION to Dismiss for Lack of Jurisdiction by McLennan County, McLennan County Sheriff's Office. (Attachments: # 1 Proposed Order on Defendant McLennan County's Motion to Dismiss)(Dixon, Michael) (Entered: 01/27/2009)

1 Proposed Order on Defendant McLennan County's Motion to Dismiss

View on PACER

Jan. 27, 2009 PACER
14

MOTION to Dismiss for Lack of Jurisdiction by Larry Lynch. (Attachments: # 1 Proposed Order on Defendant Sheriff Larry Lynch's Motion to Dismiss)(Dixon, Michael) (Entered: 01/27/2009)

1 Proposed Order on Defendant Sheriff Larry Lynch's Motion to Dismiss

View on PACER

Jan. 27, 2009 PACER
15

Response in Opposition to Motion, filed by William Robert Bradshaw, Randall Lee Gerik, re 13 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant McLennan County Sheriff's Office, Defendant McLennan County, 14 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Larry Lynch (Merin, Mark) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
16

CERTIFICATE of Counsel re 12 Response, The Parties' Certificate of Conference and Acknowledgment that the Opposition to Plaintiffs' Request for Class Certification Does Not Require a Response or Hearing Pending Ruling on Defendants' Motions to Dismiss by Mark E. Merin on behalf of William Robert Bradshaw, Randall Lee Gerik, McLennan County, McLennan County Sheriff's Office, Larry Lynch, McLennan County Sheriff Deputies Does 1-50 (Merin, Mark) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
17

Unopposed MOTION for Leave to Exceed Page Limitation by McLennan County. (Attachments: # 1 Proposed Order on McLennan County's Unopposed Motion to Exceed Page Limit)(Dixon, Michael) (Entered: 02/13/2009)

1 Proposed Order on McLennan County's Unopposed Motion to Exceed Page Limit

View on PACER

Feb. 13, 2009 PACER
18

Unopposed MOTION for Leave to Exceed Page Limitation by Larry Lynch. (Attachments: # 1 Proposed Order On Larry Lynch's Upposed Motion to Exceed Page Limit)(Dixon, Michael) (Entered: 02/13/2009)

1 Proposed Order On Larry Lynch's Upposed Motion to Exceed Page Limit

View on PACER

Feb. 13, 2009 PACER
19

REPLY to Response to Motion, filed by McLennan County, re 13 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant McLennan County Sheriff's Office, Defendant McLennan County (Dixon, Michael) (Entered: 02/18/2009)

Feb. 18, 2009 PACER
20

REPLY to Response to Motion, filed by Larry Lynch, re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Larry Lynch (Dixon, Michael) (Entered: 02/18/2009)

Feb. 18, 2009 PACER
21

ORDER GRANTING IN PART AND DENYING IN PART 13 McLennan County's Motion to Dismiss for Lack of Jurisdiction. Ordered that Plaintiff's claims against "the McLennan County Sheriff's Department" and against "Sheriff Larry Lynch in his Official Capacity" are DISMISSED. Ordered that McLennan County's Motion to Dismiss for failure to allege a constitutional violation is DENIED. ORDER GRANTING IN PART AND DENYING IN PART 14 Larry Lynch's Motion to Dismiss for Lack of Jurisdiction. Ordered that Sheriff Larry Lynch's motion to dismiss for failure to allege a constitutional violation is DENIED. Ordered that Sheriff Lynch's claim for qualified immunity is GRANTED and Plaintiff's claims against Sheriff Lynch are DISMISSED. Ordered that Plaintiff's claims for injunctive relief are DISMISSED for lack of standing. Signed by Judge Walter S. Smith. (as, ) (Entered: 05/20/2009)

May 19, 2009 RECAP
22

McLennan County's Original ANSWER to 9 Amended Complaint, by McLennan County.(Dixon, Michael) (Entered: 05/29/2009)

May 29, 2009 PACER
23

SCHEDULING ORDER: Jury Selection set for 3/1/2010 09:30AM before Judge Walter S. Smith. Jury Trial set for 3/1/2010 09:30 AM before Judge Walter S. Smith. ADR Report Deadline due by 8/3/2009. Amended Pleadings due by 11/2/2009. Discovery due by 12/2/2009. Joinder of Parties due by 10/2/2009. Motions due by 12/2/2009.. Signed by Judge Walter S. Smith. (as, ) (Entered: 06/03/2009)

June 2, 2009 PACER
24

Order Concerning Courtroom Decorum and Trial Procedures.. Signed by Judge Walter S. Smith. (as, ) (Entered: 06/03/2009)

June 2, 2009 PACER
25

NOTICE OF VACATION by William Robert Bradshaw (Medlock, Scott) (Entered: 06/19/2009)

June 19, 2009 PACER
26

MOTION to Certify Class by William Robert Bradshaw, Randall Lee Gerik. (Attachments: # 1 Appendix Declaration of Mark E. Merin in Support of Motion for Class Certification, # 2 Appendix Declaration of James C. Harrington in Support of Motion for Class Certification, # 3 Appendix Declaration of William Robert Bradshaw in Support of Motion for Class Certification, # 4 Appendix Declaration of Randall Lee Gerik in Support of Motion for Class Certification, # 5 Proposed Order Granting Plaintiffs' Motion for Class Certification)(Merin, Mark) (Entered: 06/25/2009)

1 Appendix Declaration of Mark E. Merin in Support of Motion for Class Certificati

View on PACER

2 Appendix Declaration of James C. Harrington in Support of Motion for Class Certi

View on PACER

3 Appendix Declaration of William Robert Bradshaw in Support of Motion for Class C

View on PACER

4 Appendix Declaration of Randall Lee Gerik in Support of Motion for Class Certifi

View on PACER

5 Proposed Order Granting Plaintiffs' Motion for Class Certification

View on PACER

June 25, 2009 PACER
27

RESPONSE to Motion, filed by McLennan County, re 26 MOTION to Certify Class filed by Plaintiff Randall Lee Gerik, Plaintiff William Robert Bradshaw (Attachments: # 1 Proposed Order on Motion for Class Certification)(Dixon, Michael) (Entered: 07/06/2009)

1 Proposed Order on Motion for Class Certification

View on PACER

July 6, 2009 PACER
28

Miscellaneous Objection to 26 MOTION to Certify Class Defendant's Objections to Declarations Filed in Support of Plaintiffs' Motion for Class Certification by McLennan County. (Dixon, Michael) (Entered: 07/06/2009)

July 6, 2009 PACER
29

REPLY to Response to Motion, filed by William Robert Bradshaw, Randall Lee Gerik, re 26 MOTION to Certify Class filed by Plaintiff Randall Lee Gerik, Plaintiff William Robert Bradshaw (Merin, Mark) (Entered: 07/16/2009)

July 16, 2009 PACER
30

RESPONSE Plaintiffs' Reply to Defendants' Objections to Declarations Filed in Support of Plaintiffs' Motion for Class Certification to 28 Miscellaneous Objection by William Robert Bradshaw, Randall Lee Gerik. (Merin, Mark) (Entered: 07/16/2009)

July 16, 2009 PACER
31

ADR Report Filed - NON-CONSENT to Alternate Dispute Resolution (ADR) by McLennan County(Dixon, Michael) (Entered: 08/03/2009)

Aug. 3, 2009 PACER
32

ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by William Robert Bradshaw, Randall Lee Gerik(Merin, Mark) (Entered: 08/03/2009)

Aug. 3, 2009 PACER
33

NOTICE of Vacation by William Robert Bradshaw (Medlock, Scott) (Entered: 09/15/2009)

Sept. 15, 2009 RECAP
34

ORDER DENYING 26 Motion to Certify Class Signed by Judge Walter S. Smith. (sm3, ) (Entered: 10/30/2009)

Oct. 30, 2009
35

MOTION for Protective Order by McLennan County. (Attachments: # 1 Proposed Order)(Dixon, Michael) (Entered: 11/06/2009)

Nov. 6, 2009
36

ORDER REFERRING CASE to Magistrate Judge Jeffrey C. Manske for disposition of all discovery related matters. Signed by Judge Walter S. Smith. (sm3, ) (Entered: 11/12/2009)

Nov. 10, 2009
38

APPENDIX to 37 MOTION for Summary Judgment on the Action of Plaintiff Gerik by McLennan County. (Dixon, Michael) (Entered: 11/24/2009)

Nov. 24, 2009
39

NOTICE of Change in Counsel by William Robert Bradshaw, Randall Lee Gerik (Merin, Mark) (Entered: 12/01/2009)

Dec. 1, 2009
40

Memorandum in Opposition to Motion, filed by William Robert Bradshaw, Randall Lee Gerik, re 37 MOTION for Summary Judgment on the Action of Plaintiff Gerik filed by Defendant McLennan County (Attachments: # 1 Affidavit of Mark E. Merin, # 2 Appendix of Facts and Proof, # 3 Proposed Order)(Merin, Mark) (Entered: 12/03/2009)

Dec. 3, 2009
41

REPLY to Response to Motion, filed by McLennan County, re 37 MOTION for Summary Judgment on the Action of Plaintiff Gerik filed by Defendant McLennan County (Dixon, Michael) (Entered: 12/14/2009)

Dec. 14, 2009
42

Joint MOTION to Withdraw Scheduling Order and for Referral to Alternative Dispute Resolution by McLennan County. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Dixon, Michael) (Entered: 01/19/2010)

Jan. 19, 2010

Text Order GRANTING 42 Motion to Withdraw entered by Judge Walter S. Smith. A new scheduling order will be entered after mediation is complete, if the parties fail to reach a settlement. This is a text−only entry generated by the court. There is no document associated with this entry.) (ss) (Entered: 02/09/2010)

Feb. 9, 2010
43

NOTICE of Unavailability of Counsel by William Robert Bradshaw, Randall Lee Gerik (Merin, Mark) (Entered: 03/08/2010)

March 8, 2010
44

NOTICE of Vacation by William Robert Bradshaw (Medlock, Scott) (Entered: 03/09/2010)

March 9, 2010
45

Sua Sponte ORDER that the parties notify the Court within 10 days of the date of this Order if there is a disagreement with the terms of the mediation or the mediator. ORDER that the parties have a person with settlement authority or have attorneys representing with complete settlement authority at the mediation. Signed by Judge Jeffrey C. Manske. (sm3, ) (Entered: 03/15/2010)

March 15, 2010

Mediation Conference scheduled for April 30, 2010. (sm3, ) (Entered: 03/26/2010)

March 15, 2010
46

STIPULATION of Dismissal with Prejudice by William Robert Bradshaw, Randall Lee Gerik, McLennan County. (Merin, Mark) (Entered: 05/07/2010)

May 7, 2010
47

ORDER DISMISSING CASE. Signed by Judge Walter S. Smith. (sm3, ) (Entered: 05/12/2010)

May 11, 2010

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 8, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

plaintiffs and all those similarly situated, who were subject to strip and/or visual body cavity searches at a McLennan County Jail, prior to being arraigned and/or without the Defendants first having a reasonable suspicion of contraband or weapons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

McLennan County, Texas (McLennan), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Search policies

Strip search policy

Type of Facility:

Government-run