Case: Lopez v. Youngblood

1:07-cv-00474 | U.S. District Court for the Eastern District of California

Filed Date: March 27, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On March 27, 2007, Plaintiffs, individually and as class representatives, filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California, Fresno Division, against Kern County California, the Kern County Sheriff's Department ("KCSD"), and officials in their supervising capacity. Plaintiffs seek injunctive relief and damages resulting from the strip and/or visual body cavity searches of prisoners by Defendants.The complaint, later amended, pur…

On March 27, 2007, Plaintiffs, individually and as class representatives, filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California, Fresno Division, against Kern County California, the Kern County Sheriff's Department ("KCSD"), and officials in their supervising capacity. Plaintiffs seek injunctive relief and damages resulting from the strip and/or visual body cavity searches of prisoners by Defendants.

The complaint, later amended, pursues causes of action for violations of the Fourth, Eighth and Fourteenth Amendments to the U.S. Constitution, violation of Article I, §§ 1, 7, 13 and 17 of the California Constitution and state law violations. Plaintiffs allege that Defendants maintained a policy of indiscriminately strip/body cavity searching all or a large number of persons being processed into the jail without limitation on the number of persons who can see, hear or observe the searches. Plaintiffs also allege that Defendants improperly strip searched detainees who had been ordered released.

On July 17, 2008, Defendants filed a joint motion for summary adjudication regarding liability of entities and individuals as to group strip searches. Defendants contend that the group strip searches at issue do not violate the Fourth and Fourteenth Amendments. In addition, Defendants argue that Plaintiffs' equal protection claim and state law claims fail as a matter of law.

On June 17, 2008, Plaintiffs filed a motion for class certification, seeking certification of two classes--the Post-Release Class and the Group Strip Search Class.

On November 7, 2008, Defendants filed a second joint motion for summary adjudication regarding court returnees, qualified immunity and Eleventh Amendment immunity. Defendants contend that (1) the searches of certain Plaintiffs who assert that their constitutional rights were violated when they were subjected to strip searches after returning to the jail following a court appearance in which they were ordered released were reasonable; (2) Defendants are immune from liability because the law was not clearly established that searching post-arraignment detainees in small groups violates Plaintiffs' rights under the Fourth and Fourteenth Amendments and violates the Equal Protection Clause; (3) the Sheriff is a state actor and immune from a § 1983 suit; and (4) the County should be dismissed from the action.

On November 7, 2008, Plaintiffs filed a cross-motion for partial summary judgment and/or summary adjudication. Plaintiffs sought a determination that (1) KCSD's policy of strip searching persons ordered released from custody violated the Fourth Amendment; (2) KCSD's policy of group strip searching prisoners violated the Fourth Amendment; (3) the strip search policies violated Plaintiffs' state constitutional rights pursuant to Cal. Const. Art. I, § 1 (privacy), Cal. Const. Art. I, § 13 (unreasonable searches) and Cal. Const. Art. I, § 7 (equal protection); and (4) the entity defendants are liable under federal and state law.

On March 31, 2009, in a published order, the Court (Magistrate Judge Dennis L. Beck) granted in part and denied in part the parties' motions for partial summary judgment/summary adjudication and on April 01, 2009, certified the two putative Plaintiff classes.

Plaintiffs and Defendants sought interlocutory appeals to the Ninth Circuit. However, pursuant to the stipulation of the parties and the supplemental letter filed by counsel on January 21, 2011, these consolidated appeals were voluntarily dismissed without prejudice. On January 21, 2011, the parties filed a joint motion for preliminary approval of a class settlement in the District Court.

On February 23, 2011, the District Court preliminarily approved the Settlement Agreement. In a nutshell, the Settlement Agreement provides that: (1) each Post-Release Class Member who files a claim shall receive $1500; (2) each Group Strip Search Class Member shall receive $200; (3) Post-Release Class Members may receive an additional $750 if s/he was subjected to a second such search during the class period; (4) the class payment figures are subject to certain aggregate maximums to be paid each class (totaling approximately $4,350,000 for the two classes combined), after which payments would be prorated; (5) Defendants shall separately pay $30,000 to each of the three named plaintiffs, pay the cost of class administration, pay class counsel costs not to exceed $65,000, and pay class counsel attorneys' fees of $2 million.

On August 31, 2011, the District Court issued a final order to approve the Settlement. On September 02, 2011, the District Court awarded the class counsels attorneys' fees in the amount of $2 million, and costs in the amount of $44,393.60.

(Updated on April 21, 2012)

Summary Authors

Xin Chen (4/21/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4158921/parties/lopez-v-youngblood/


Judge(s)

Beck, Dennis L. (California)

Attorneys(s) for Plaintiff

Cassidy, Terence J (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Attorneys(s) for Defendant

Hall, Kristina M. (California)

Nations, Mark Lloyd (California)

Thurston, Jennifer Leigh (California)

Judge(s)

Beck, Dennis L. (California)

Attorneys(s) for Plaintiff

Cassidy, Terence J (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Attorneys(s) for Defendant

Hall, Kristina M. (California)

Nations, Mark Lloyd (California)

Thurston, Jennifer Leigh (California)

Documents in the Clearinghouse

Document

1:07-cv-00474

Docket

Sept. 2, 2011

Sept. 2, 2011

Docket
1

1:07-cv-00474

Class Action Complaint for Damages

March 27, 2007

March 27, 2007

Complaint
10

1:07-cv-00474

First Amended Class Action Complaint for Damages

June 21, 2007

June 21, 2007

Complaint
33-1

1:07-cv-00474

Memorandum of Points and Authorities in Support of Motion for Class Certification

June 17, 2008

June 17, 2008

Pleading / Motion / Brief
37

1:07-cv-00474

Defendants Joint Motion for Summary Adjudication; Memorandum of Points and Authorities in Support of Motion for Summary Adjudication

July 17, 2008

July 17, 2008

Pleading / Motion / Brief
69

1:07-cv-00474

Plaintiffs' Memorandum of Law in Support of Motion for Partial Summary Judgment and/or Summary Adjudication

Nov. 7, 2008

Nov. 7, 2008

Pleading / Motion / Brief
64

1:07-cv-00474

Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity

Nov. 7, 2008

Nov. 7, 2008

Pleading / Motion / Brief
91

1:07-cv-00474

Orders re: Plaintiff's Motion for Partial Summary Judgment; Defendants' Joint Motion for Summary Adjudication; Defendants' Joint Motion for Summary Adjudication re: Court Returnees, Qualified Immunity and 11th Amendment Immunity

609 F.Supp.2d 1125

March 31, 2009

March 31, 2009

Order/Opinion
90

1:07-cv-00474

Order Granting Plaintiff's Motion for Leave to File Second Amended Complaint

2009 WL 900727

March 31, 2009

March 31, 2009

Order/Opinion
92

1:07-cv-00474

Order Granting Plaintiffs' Motion for Class Certification/Denying as Moot Plaintiffs' Motion to Strike/Setting Status Conference

2009 WL 909817

April 1, 2009

April 1, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158921/lopez-v-youngblood/

Last updated Aug. 11, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT /Class Action Complaint for Damages, against all defendants by Marsial Lopez. Attorney Cook - OPT OUT ATTORNEY, Donald W. added.(Cook - OPT OUT ATTORNEY, Donald) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

PACER
2

CIVIL COVER SHEET by Marsial Lopez (Cook - OPT OUT ATTORNEY, Donald) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

PACER
3

CLERK'S NOTICE: Attn: Barrett S. Litt & Paul J. Estuar ~ You are not admitted to practice in the Eastern District of CA. Please return the attached petition along with the admission fee as soon as possible. (Kusamura, W) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

PACER
5

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms) (Carter-Ford, R) (Entered: 03/27/2007)

1 Consent Forms

View on PACER

March 27, 2007

March 27, 2007

PACER
6

CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Marsial Lopez )signed by Attorney Paul Estuar). (Rooney, M) (Entered: 04/09/2007)

April 5, 2007

April 5, 2007

PACER
7

CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Marsial Lopez (signed by Attorney Barrett S. Litt). (Rooney, M) (Entered: 04/09/2007)

April 5, 2007

April 5, 2007

PACER
8

ORDER directing Clerk of the Court to Redesignate Case to Reflect that it is a Regular Civil Action, signed by Judge Dennis L. Beck on 4/30/07. (Gil-Garcia, A) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

RECAP
9

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/23/2007 at 08:15 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Gil-Garcia, A) (Entered: 05/02/2007)

1 Consent Forms

View on PACER

2 VDRP Forms

View on PACER

May 2, 2007

May 2, 2007

PACER
10

First AMENDED COMPLAINT against all defendants by Marsial Lopez.(Litt, Barrett) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

RECAP
11

**PLEASE DISREGARD THIS ENTRY**SUMMONS ISSUED as to *Kern County Sheriff's Department* with answer to complaint due within *20* days. Attorney *Paul Estuar* *1055 Wilshire Blvd.* *Ste. 1880* *Los Angeles, CA 90017*. (Kirkpatrick, S) Modified on 6/22/2007 (Matson, R). (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
12

**PLEASE DISREGARD THIS ENTRY**SUMMONS ISSUED as to *Mack Wimbish, Donny Youngblood, County of Kern* with answer to complaint due within *20* days. Attorney *Paul J. Estuar* *Litt Estuar Harrison Miller & Kitson* *1055 Wilshire Blvd., Ste. 1800* *Los Angeles, CA 90017*. (Hellings, J) Modified on 6/22/2007 (Matson, R). (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
13

AMENDED SUMMONS ISSUED as to *Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish* with answer to complaint due within *20* days. Attorney *Paul J. Estuar* *1055 Wilshire Blvd.* *Suite 1880* *Los Angeles, Ca 90017*. (Matson, R) Modified on 6/22/2007 (Matson, R). (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
14

ANSWER to AMENDED COMPLAINT by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. Attorney Thurston, Jennifer Leigh added.(Thurston, Jennifer) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

PACER
15

CERTIFICATE of SERVICE by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish re 14 Answer to Amended Complaint. (Thurston, Jennifer) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

PACER
16

NOTICE by all plaintiffs. SERVICE OF JUDGE O'NEILL'S ORDER (Estuar, Paul) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

PACER
17

CERTIFICATE of SERVICE by Marsial Lopez. (Attachments: # 1 Certificate Certificates of Service)(Estuar, Paul) (Entered: 08/13/2007)

1 Certificate Certificates of Service

View on PACER

Aug. 13, 2007

Aug. 13, 2007

PACER
18

JOINT STATUS REPORT by Marsial Lopez. (Estuar, Paul) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
19

MINUTES (Text Only) for proceedings held before Judge Lawrence J. O'Neill : SCHEDULING CONFERENCE held on 10/23/2007. Order to follow. (Lira, I) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
20

PRELIMINARY SCHEDULING ORDER signed by Judge Lawrence J. O'Neill on 10/23/2007. Discovery cutoff re class certification only due by 1/18/2008; Filing the Motion due by 3/17/2008; Opposition to the Motion due by 4/17/2008; Reply due by 04/28/2008; Motion Hearing set for 5/8/2008 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Flores, E) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

RECAP
21

CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. (Thurston, Jennifer) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER
22

CERTIFICATE of SERVICE by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish re 21 Consent to Jurisdiction by US Magistrate Judge. (Thurston, Jennifer) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER
23

STIPULATION and PROPOSED ORDER Protective Order by Marsial Lopez. (Estuar, Paul) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
24

CONSENT ORDER REASSIGNING CASE for all purposes to Magistrate Judge Dennis L. Beck signed by Judge Lawrence J. O'Neill on 10/26/2007. (Esteves, C) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
25

STIPULATED PROTECTIVE ORDER signed by Judge Dennis L. Beck on 10/31/2007. (Lucas, G) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

RECAP
26

MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Consent to Proceed before Magistrate Judge Beck ORDER issued on 10/24/2007. The Preliminary Scheduling Order remains the same, except for the Motion Hearing date is set for 5/9/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck (MOTION Hearing will not be heard before Judge O'Neill on 5/8/2008). (Hernandez, M) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
27

ASSOCIATION of ATTORNEY: Added attorney Terence John Cassidy and Terence John Cassidy for County of Kern. (Cassidy, Terence) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
28

STIPULATION and PROPOSED ORDER Stipulation to Continue Discovery Cut-Off by Marsial Lopez, Sandra Chavez, Theodore Medina. (Estuar, Paul) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
29

STIPULATION and ORDER Continuing Class Discovery Cut-Off Date to February 15, 2008 signed by Judge Dennis L. Beck on 1/14/08. Discovery due by 2/15/2008. (Verduzco, M) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

RECAP
30

STIPULATION and PROPOSED ORDER STIPULATION TO EXTEND DATES by Marsial Lopez, Sandra Chavez, Theodore Medina. (Attachments: # 1 Proposed Order TO EXTEND DATES)(Litt, Barrett) (Entered: 03/12/2008)

1 Proposed Order TO EXTEND DATES

View on PACER

March 12, 2008

March 12, 2008

PACER
31

PROPOSED ORDER REVISED Proposed Order re 30 Stipulation and Proposed Order by Marsial Lopez, Sandra Chavez, Theodore Medina. (Litt, Barrett) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
32

ORDER re: Class Discovery Cut-off and Briefing Schedule on Plaintiffs' Motion for Class Certification signed by Magistrate Judge Dennis L. Beck on 3/13/08. Class Certification Discovery due by 5/15/2008; Plaintiffs' Opening Brief on Class Certification due by 6/17/2008; Defendants' Opposition due by 7/17/2008; Plaintiffs' Reply Brief due by 7/28/2008; Motion Hearing set for 8/29/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.(Verduzco, M) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

RECAP
33

MOTION to CERTIFY CLASS and Notice of Motion by Marsial Lopez, Sandra Chavez, Theodore Medina. Motion Hearing set for 8/29/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: # 1 Points and Authorities for Class Certification Motion)(Litt, Barrett) (Entered: 06/17/2008)

1 Points and Authorities for Class Certification Motion

View on PACER

June 17, 2008

June 17, 2008

PACER
34

DECLARATION of Barrett S. Litt in Support of re 33 MOTION to CERTIFY CLASS and Notice of Motion. (Attachments: # 1 Exhibit 1 to Litt Declaration, # 2 Exhibit 2 to Litt Declaration, # 3 Exhibit 3 to Litt Declaration, # 4 Exhibit 4 to Litt Declaration, # 5 Exhibit 5 to Litt Declaration, # 6 Exhibit 6 to Litt Declaration, # 7 Exhibit 7 to Litt Declaration, # 8 Exhibit 8 to Litt Declaration, # 9 Exhibit 9 to Litt Declaration, # 10 Exhibit 10 to Litt Declaration)(Litt, Barrett) (Entered: 06/17/2008)

1 Exhibit 1 to Litt Declaration

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2 Exhibit 2 to Litt Declaration

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3 Exhibit 3 to Litt Declaration

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4 Exhibit 4 to Litt Declaration

View on PACER

5 Exhibit 5 to Litt Declaration

View on PACER

6 Exhibit 6 to Litt Declaration

View on PACER

7 Exhibit 7 to Litt Declaration

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8 Exhibit 8 to Litt Declaration

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9 Exhibit 9 to Litt Declaration

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10 Exhibit 10 to Litt Declaration

View on PACER

June 17, 2008

June 17, 2008

PACER
35

NOTICE OF ERRATA by all plaintiffs re 34 . (Attachments: # 1 Declaration of Marsial Lopez, Executed)(Litt, Barrett) (Entered: 06/20/2008)

1 Declaration of Marsial Lopez, Executed

View on PACER

June 20, 2008

June 20, 2008

PACER
36

MOTION for SUMMARY JUDGMENT DEFENDANTS JOINT NOTICE OF MOTION FOR SUMMARY ADJUDICATION by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. Attorney Cassidy, Terence John added. Motion Hearing set for 8/29/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
37

MEMORANDUM/RESPONSE in SUPPORT. DEFENDANTS JOINT MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
38

STATEMENT of UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION by Defendants Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
39

DECLARATION of Ian Silva in Support of. Defendants' Joint Motion for Summary Adjudication (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
40

DECLARATION of Terence J. Cassidy in Support of. Defendants' Joint Motion for Summary Adjudication (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
41

MEMORANDUM/RESPONSE in OPPOSITION. DEFENDANTS JOINT OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
42

DECLARATION of Ian Silva in Support of. DEFENDANTS JOINT OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
43

DECLARATION of Terence J. Cassidy in Support of. DEFENDANTS JOINT OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION (Cassidy, Terence) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
44

NOTICE DEFENDANTS JOINT NOTICE OF FILING RELATED MOTION IN CONJUNCTION WITH OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION [L.R. 78-230(e)] by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. (Cassidy, Terence) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
45

MINUTE ORDER: (TEXT ENTRY ONLY) DUE TO THE COURT'S SCHEDULE. The Court has RESET THE FOLLOWING MOTION HEARINGS as to 33 MOTION to CERTIFY CLASS and Notice of Motion, 36 MOTION for SUMMARY JUDGMENT DEFENDANTS JOINT NOTICE OF MOTION FOR SUMMARY ADJUDICATION : Motion Hearing RESET from 8/29/2008 to 9/5/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

PACER
46

REPLY to RESPONSE to MOTION. for Class Certification (Estuar, Paul) (Entered: 07/28/2008)

July 28, 2008

July 28, 2008

PACER
47

MOTION to STRIKE Declaration in Support of Opposition to Class Certification by Marsial Lopez, Sandra Chavez, Theodore Medina. Motion Hearing set for 9/5/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: # 1 Proposed Order Re Motion to Strike)(Estuar, Paul) (Entered: 07/28/2008)

1 Proposed Order Re Motion to Strike

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July 28, 2008

July 28, 2008

PACER
48

OBJECTIONS by Plaintiffs Marsial Lopez, Sandra Chavez, Theodore Medina. to Declaration in Support of Opposition to Motion for Class Certification (Estuar, Paul) (Entered: 07/28/2008)

July 28, 2008

July 28, 2008

PACER
49

STIPULATION and PROPOSED ORDER for Continuance by Marsial Lopez, Sandra Chavez, Theodore Medina. (Attachments: # 1 Proposed Order For Continuance)(Estuar, Paul) (Entered: 08/14/2008)

1 Proposed Order For Continuance

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Aug. 14, 2008

Aug. 14, 2008

PACER
50

ORDER signed by Magistrate Judge Dennis L. Beck on 08/18/2008 re Class Discovery Cut-off and Briefing Schedule on Plaintiffs Motion for Class Certification re 33 MOTION to CERTIFY CLASS, 36 MOTION for SUMMARY JUDGMENT, 45 Minute Order and 47 MOTION to STRIKE. ( Motion Hearings are re-set for 10/17/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.). (Lundstrom, T) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

RECAP
51

MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: TELEPHONIC STATUS CONFERENCE held on 8/28/2008. The parties shall submit a proposed stipulation and order for the Court to review. Plaintiffs Counsel Barrett Litt. Defendants Counsel Jennifer Thurston, Terence Cassidy. Court Reporter/CD Number: In Chambers. (Hernandez, M) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
52

STIPULATION and PROPOSED ORDER Joint Stipulation to Continue Dates by Marsial Lopez, Sandra Chavez, Theodore Medina. (Attachments: # 1 Proposed Order to Continue Dates)(Estuar, Paul) (Entered: 09/09/2008)

1 Proposed Order to Continue Dates

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Sept. 9, 2008

Sept. 9, 2008

PACER
53

ORDER Re: Schedule for Briefing and Hearing Dates, signed by Magistrate Judge Dennis L. Beck on 9/10/2008. (Sondheim, M) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

RECAP
54

OPPOSITION by Marsial Lopez, Sandra Chavez, Theodore Medina. Plaintiffs' Opposition to Defendants' Motion for Summary Adjudication (Estuar, Paul) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
55

STATEMENT of Disputed and Undisputed Facts in Support of Plaintiffs' Opposition by Plaintiffs Marsial Lopez, Sandra Chavez, Theodore Medina re 54 Opposition to Motion. (Estuar, Paul) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
56

OBJECTIONS by Plaintiffs Marsial Lopez, Sandra Chavez, Theodore Medina. Plaintiffs' Objections to the Declaration of Ian Silva (Estuar, Paul) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
57

DECLARATION of Paul J. Estuar re 54 Opposition to Motion. (Attachments: # 1 Exhibit 1 to Estuar Declaration, # 2 Exhibit 2 to Estuar Declaration, # 3 Exhibit 5 to Estuar Declaration, # 4 Exhibit 7 to Estuar Declaration, # 5 Exhibit 11 to Estuar Declaration, # 6 Exhibit 12 to Estuar Declaration, # 7 Exhibit 13 to Estuar Declaration)(Estuar, Paul) (Entered: 09/16/2008)

1 Exhibit 1 to Estuar Declaration

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2 Exhibit 2 to Estuar Declaration

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3 Exhibit 5 to Estuar Declaration

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4 Exhibit 7 to Estuar Declaration

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5 Exhibit 11 to Estuar Declaration

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6 Exhibit 12 to Estuar Declaration

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7 Exhibit 13 to Estuar Declaration

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Sept. 16, 2008

Sept. 16, 2008

PACER
58

REPLY by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish to RESPONSE. DEFENDANTS JOINT REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY ADJUDICATION (Cassidy, Terence) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
59

STATEMENT of DEFENDANTS JOINT REPLY TO PLAINTIFFS STATEMENT OF DISPUTED AND UNDISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY ADJUDICATION by Defendants Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. (Cassidy, Terence) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
60

OBJECTIONS by Defendants Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. DEFENDANTS JOINT OBJECTIONS TO DECLARATION OF PAUL J. ESTUAR IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS JOINT MOTION FOR SUMMARY ADJUDICATION (Cassidy, Terence) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
61

OPPOSITION by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. DEFENDANTS JOINT OPPOSITION TO PLAINTIFFS MOTION TO STRIKE DECLARATION OF IAN SILVA (Cassidy, Terence) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
62

STATEMENT of DEFENDANTS' WITHDRAWAL OF CERTAIN EVIDENTIARY OBJECTIONS by Defendants Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish re 36 MOTION for SUMMARY JUDGMENT DEFENDANTS JOINT NOTICE OF MOTION FOR SUMMARY ADJUDICATION. (Thurston, Jennifer) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
63

MOTION for SUMMARY JUDGMENT Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity by County of Kern. Motion Hearing set for 12/19/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Cassidy, Terence) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
64

MEMORANDUM by County of Kern. Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity (Cassidy, Terence) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
65

STATEMENT of Defendants' Joint Separate Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity by Defendant County of Kern. (Cassidy, Terence) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
66

DECLARATION of Ian Silva in Support Of 63 MOTION for SUMMARY JUDGMENT Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity. (Cassidy, Terence) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
67

MOTION for SUMMARY JUDGMENT, Plaintiffs Notice of Motion for Partial Summary Judgment And/Or Summary Adjudication, by Marsial Lopez, Sandra Chavez, Theodore Medina. Motion Hearing set for 12/19/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
68

STATEMENT of UNDISPUTED FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION by Plaintiffs Marsial Lopez, Sandra Chavez, Theodore Medina re 67 MOTION for SUMMARY JUDGMENT, Plaintiffs Notice of Motion for Partial Summary Judgment And/Or Summary Adjudication,. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
69

MEMORANDUM by Marsial Lopez, Sandra Chavez, Theodore Medina in SUPPORT of 67 MOTION for SUMMARY JUDGMENT, Plaintiffs Notice of Motion for Partial Summary Judgment And/Or Summary Adjudication,. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
70

DECLARATION of DONALD W. COOK in SUPPORT OF 67 MOTION for SUMMARY JUDGMENT, Plaintiffs Notice of Motion for Partial Summary Judgment And/Or Summary Adjudication,. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
71

MOTION to AMEND the COMPLAINT amending 10 Amended Complaint NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT by Marsial Lopez, Sandra Chavez, Theodore Medina. Motion Hearing set for 12/15/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Estuar, Paul) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

RECAP
72

DECLARATION of Paul J. Estuar in In Support Of 71 MOTION to AMEND the COMPLAINT amending 10 Amended Complaint NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT MOTION to AMEND the COMPLAINT amending 10 Amended Complaint NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT. (Attachments: # 1 Exhibit A & B to Estuar Declaration)(Estuar, Paul) (Entered: 11/12/2008)

1 Exhibit A & B to Estuar Declaration

View on PACER

Nov. 12, 2008

Nov. 12, 2008

PACER
73

PROPOSED ORDER Proposed Order re 71 MOTION to AMEND the COMPLAINT amending 10 Amended Complaint NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT MOTION to AMEND the COMPLAINT amending 10 Amended Complaint NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT. (Estuar, Paul) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

PACER
74

MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT RESETS THE MOTION HEARING as to 71 NOTICE OF MOTION AND MOTION TO FILE SECOND AMENDED COMPLAINT MOTION to AMEND the COMPLAINT 10 Amended Complaint: Motion Hearing RESET from 12/15/2008 to 12/19/2008 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
75

OPPOSITION by County of Kern. Defendants' Joint Opposition to Plaintiffs' Cross-Motion for Summary Adjudication (Cassidy, Terence) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
76

STATEMENT of Defendants' Joint Reply to Plaintiffs' Separate Statement of Undisputed Material Facts in Support of Plaintiffs' Cross-Motion for Summary Adjudication by Defendant County of Kern. (Cassidy, Terence) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
77

OBJECTIONS by Defendant County of Kern. Defendants' Joint Objections to Declaration of Donald W. Cook in Support of Plaintiffs' Cross-Motion for Summary Adjudication (Cassidy, Terence) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
78

OPPOSITION by Marsial Lopez, Sandra Chavez, Theodore Medina to 63 MOTION for SUMMARY JUDGMENT Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity. Plaintiffs Memorandum of Law in Opposition to Defendants Second of Motion for Summary Judgment And/Or Summary Adjudication (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
79

STATEMENT of Plaintiffs Response to Defendants Joint Statement of Undisputed Material Facts by Plaintiffs Marsial Lopez, Sandra Chavez, Theodore Medina re 65 Statement - R,. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
80

DECLARATION of Barrett S. Litt & Donald W. Cook in OPPOSITION TO 63 MOTION for SUMMARY JUDGMENT Defendants' Joint Motion for Summary Adjudication Regarding Court Returnees, Qualified Immunity and Eleventh Amendment Immunity. (Cook - OPT OUT ATTORNEY, Donald) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
81

OPPOSITION by County of Kern. Defendants' Joint Opposition to Plaintiffs' Motion to Amend Complaint (Cassidy, Terence) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
82

REPLY by County of Kern to RESPONSE. Defendants' Joint Reply to Opposition to Cross-Motion for Summary Adjudication Regarding Qualified Immunity and Eleventh Amendment Issues (Cassidy, Terence) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
83

REPLY/RESPONSE to Defendants' Joint Reply to Plaintiffs' Responses to Defendants' Joint Statement of Undisputed Material Facts; Defendants' Joint Objections and Responses to Plaintiffs' Material Facts by County of Kern. (Cassidy, Terence) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
84

OPPOSITION by Marsial Lopez, Sandra Chavez, Theodore Medina. Opposition to Defendants' Motion to Strike Declaration of Donald Cook (Estuar, Paul) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
85

REPLY by Marsial Lopez, Sandra Chavez, Theodore Medina to RESPONSE. RESPONSE to Defendants' reply to Plaintiffs' Separate Statement (Estuar, Paul) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
86

REPLY by Marsial Lopez, Sandra Chavez, Theodore Medina to RESPONSE. REPLY to Defendants' Opposition to Motion to file Second Amended Complaint (Estuar, Paul) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
87

REPLY by Marsial Lopez, Sandra Chavez, Theodore Medina to RESPONSE to 67 MOTION for SUMMARY JUDGMENT, Plaintiffs Notice of Motion for Partial Summary Judgment And/Or Summary Adjudication,. Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Summary Adjudication; Reply Declaration of Donald W. Cook (Cook - OPT OUT ATTORNEY, Donald) (Entered: 12/06/2008)

Dec. 6, 2008

Dec. 6, 2008

PACER
88

MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: MOTION HEARING RE MOTION TO CERTIFY CLASS, DEFENDANTS MOTION FOR SUMMARY JUDGMENT, PLAINTIFF'S MOTION TO STRIKE, PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT held on 12/19/2008, MOTIONS SUBMITTED. The Court to Issue Order Plaintiffs Counsel Barrett Litt, Donald Cook present. Defendants Counsel Jennifer Thurston, Terence Cassidy present. Court Reporter/CD Number: ECRO. (Hernandez, M) (Entered: 12/22/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
89

SUPPLEMENT by Marsial Lopez, Sandra Chavez, Theodore Medina re 69 Memorandum in Support of Motion. Submission of Supplemental Authority (Attachments: # 1 Exhibit to Supplemental Authority)(Estuar, Paul) (Entered: 03/10/2009)

1 Exhibit to Supplemental Authority

View on PACER

March 10, 2009

March 10, 2009

PACER
90

ORDER Granting Plaintiff's Motion for Leave to File Second Amended Complaint 71, signed by Magistrate Judge Dennis L. Beck on 3/31/09. (Verduzco, M) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

RECAP
91

ORDER GRANTING IN PART AND DENYING IN PART 36 Defendant's Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 63 Defendant's Joint Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 67 Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Dennis L. Beck on 3/31/2009. (Hernandez, M) (Entered: 04/01/2009)

March 31, 2009

March 31, 2009

RECAP
92

ORDER GRANTING 33 Plaintiff's Motion to Certify Class and ORDER DENYING AS MOOT 47 Plaintiff's Motion to Strike. The Court sets a Status Conference for 5/4/2009 at 9:00 am before Magistrate Judge Beck signed by Magistrate Judge Dennis L. Beck on 4/1/2009. (Hernandez, M) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

RECAP
93

NOTICE of APPEAL by Donny Youngblood, Mack Wimbish as to 91 Order on Motion for Summary Judgment,,,,,. (Attachments: # 1 Civil Appeals Docketing Statement, # 2 Representation Statement)(Thurston, Jennifer) (Entered: 04/28/2009)

1 Civil Appeals Docketing Statement

View on PACER

2 Representation Statement

View on PACER

April 28, 2009

April 28, 2009

PACER
94

MOTION for JUDGMENT ON SPECIFIED CLAIMS AND CERTIFICATION OF CLAIMS FOR APPEAL AND, MOTION to STAY ( Motion Hearing set for 5/29/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.) by Donny Youngblood, Kern County Sheriff's Department, County of Kern, Mack Wimbish. (Attachments: # 1 Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Thurston, Jennifer) (Entered: 04/28/2009)

1 Points and Authorities

View on PACER

2 Declaration

View on PACER

3 Proposed Order

View on PACER

April 28, 2009

April 28, 2009

PACER
96

MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to agreement by all parties. The Telephonic Status Conference IS RESET from 5/4/2009 to 5/26/2009 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

PACER
97

TRANSCRIPT REQUEST by Donny Youngblood, Mack Wimbish re 93 Notice of Appeal (Thurston, Jennifer) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

PACER
98

APPEAL PROCESSED to Ninth Circuit re 93 Notice of Appeal filed by Mack Wimbish, Donny Youngblood. Filed dates for Notice of Appeal *4/28/2009*, Complaint *3/27/2007* and Appealed Order / Judgment *3/31/2009*. Court Reporter: *ECRO*. *Fee Status: Paid on 4/28/2009 in the amount of $455.00* ** (Attachments: # 1 Appeal Notice) (Flores, E) (Entered: 05/13/2009)

1 Appeal Notice

View on PACER

May 13, 2009

May 13, 2009

PACER
99

OPPOSITION by Marsial Lopez, Sandra Chavez, Theodore Medina to 94 MOTION for JUDGMENT ON SPECIFIED CLAIMS AND CERTIFICATION OF CLAIMS FOR APPEAL AND MOTION to STAY. (Attachments: # 1 Declaration In Support of Opposition)(Estuar, Paul) (Entered: 05/15/2009)

1 Declaration In Support of Opposition

View on PACER

May 15, 2009

May 15, 2009

PACER
100

MOTION to STAY by County of Kern. Motion Hearing set for 6/26/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Cassidy, Terence) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER
101

MOTION to STAY by County of Kern. Motion Hearing set for 6/26/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Cassidy, Terence) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER
102

DECLARATION of Terence J. Cassidy in Support of 101 MOTION to STAY. (Cassidy, Terence) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs represent a class of persons who were forced to undergo unlawful strip and/or visual body cavity searches in Kern County’s jails which are operated, maintained and under the control of the County and the Kern County Sheriff's Department.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Kern (Kern), County

Kern County Sheriff's Office (Kern), County

Kern County Jail (Kern), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

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: around $6.5 million

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run