Filed Date: Aug. 13, 2004
Closed Date: 2009
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On August 13, 2004, employees of the Ontario Police Department filed suit against the City of Ontario, CA and the Ontario Police Department pursuant to 42 U.S.C. § 1983, the 4th Amendment, California Constitution Article 1 § 1, and the common law tort of invasion of privacy. The suit was filed in the U.S. District Court for the Central District of California, and both private counsel and the ACLU of Southern California represented the plaintiffs. Plaintiffs alleged that the Police Department's installation of a video camera in the men's locker room violated their privacy rights, and sought compensatory and punitive damages.
On April 14, 2005, the District Court (Judge Virginia Phillips) certified a class of all employees or volunteers at the Ontario Police Department who used the men's locker room during the time the video camera was installed and were recorded by the equipment. A year later, Judge Phillips ruled that the video camera installation violated the 4th amendment, and that issues of fact remained on the other two causes of action. 428 F. Supp. 2d 1094 (C.D. Cal. 2006). The defendants appealed the trial court's refusal to grant the officers qualified immunity, and the Ninth Circuit affirmed the trial court's denial of qualified immunity. 270 Fed. Appx. 518 (9th Cir. 2008). The case was set to proceed to trial.
On the morning of the scheduled first day of trial, the parties announced they had reached a settlement. On March 16, 2009 the plaintiffs moved for preliminary approval of the class action settlement; two months later, the court granted preliminary approval, pending consideration of any objections by class members.. Under the settlement Ontario paid $1.54 million to class members, and $1.21 million in attorneys' fees and costs. The settlement was "non-reversionary," meaning that even if only a few class members actually claimed the damages they were promised, Ontario was still obligated to pay the entire agreed-upon amount. On August 24, 2009, the court granted final approval of the settlement and dismissed the case with prejudice.
Summary Authors
Sharon Brett (11/20/2009)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5763271/parties/robert-bernhard-v-city-of-ontario/
Leighton, Ronald B. (Washington)
Phillips, Virginia A. (California)
Pregerson, Harry (California)
Walsh, Patrick J. (California)
Wardlaw, Kim McLane (California)
Bahan, Della (California)
Batra, Puja (District of Columbia)
Bibring, Peter (California)
Dammeier, Dieter C (California)
Eliasberg, Peter J. (California)
Leighton, Ronald B. (Washington)
Phillips, Virginia A. (California)
Pregerson, Harry (California)
Walsh, Patrick J. (California)
Wardlaw, Kim McLane (California)
Bahan, Della (California)
Batra, Puja (District of Columbia)
Bibring, Peter (California)
Dammeier, Dieter C (California)
Eliasberg, Peter J. (California)
McGill, Michael A (California)
Richardson, Anne (California)
Sainath, Radhika (California)
Stormer, Dan Lewis (California)
Brustowicz, Celeste (California)
Disenhouse, Bruce E (California)
Martin, Linda Bernatz (California)
Rinos, Dimitrios C. (California)
Tundis, Mark John (California)
See docket on RECAP: https://www.courtlistener.com/docket/5763271/robert-bernhard-v-city-of-ontario/
Last updated July 19, 2022, 3:06 a.m.
State / Territory: California
Case Type(s):
Key Dates
Filing Date: Aug. 13, 2004
Closing Date: 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Employees of City of Ontario Police Department
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
City of Ontario (Ontario, San Bernardino), City
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2006 - 0