Case: Reynolds v. County of Dauphin, PA

1:07-cv-01688 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Sept. 16, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 16, 2007, prisoners of the Dauphin County Prison ("Prison") filed a class action lawsuit under 42 U.S.C. § 1983 against the County of Dauphin, PA, in the U.S. District Court for the Middle District of Pennsylvania, Harrisburg Division. The plaintiffs, represented by private counsel, sought monetary, declaratory, and injunctive relief, claiming that the Prison's blanket policy of strip searching all detainees regardless of criminal charge or reasonable suspicion violated the 4th Am…

On September 16, 2007, prisoners of the Dauphin County Prison ("Prison") filed a class action lawsuit under 42 U.S.C. § 1983 against the County of Dauphin, PA, in the U.S. District Court for the Middle District of Pennsylvania, Harrisburg Division. The plaintiffs, represented by private counsel, sought monetary, declaratory, and injunctive relief, claiming that the Prison's blanket policy of strip searching all detainees regardless of criminal charge or reasonable suspicion violated the 4th Amendment.

On October 11, 2007, Defendants moved to dismiss the original complaint. On November 20, 2007, the Plaintiffs submitted an Amended Class Action Complaint addressing some of the terms discussed by the Defendant's counsel in the motion. Defendants moved to dismiss the amended complaint; however, the motion was dismissed without prejudice by the Court (Hon. Thomas I. Vanaskie) on August 21, 2008.

On December 18, 2009, the court entered its Final Approval of Class Action Settlement and Judgment. Dauphin County was required to eliminate their strip search policy and create a new one, provide retraining of corrections officers, and guarantee enforcement of the new policy. In addition, the plaintiffs were awarded a sum of $2,160,500 in damages, costs, and attorneys' fees.

People


Judge(s)

Conner, Christopher C. (Pennsylvania)

Vanaskie, Thomas Ignatius (Pennsylvania)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Levin, Daniel C. (Pennsylvania)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Ross, Alan M. (Pennsylvania)

Warren, Alexandra C. (Virginia)

Attorneys(s) for Defendant

Dadamo, Gary H. (Pennsylvania)

Judge(s)

Conner, Christopher C. (Pennsylvania)

Vanaskie, Thomas Ignatius (Pennsylvania)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Levin, Daniel C. (Pennsylvania)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Ross, Alan M. (Pennsylvania)

Warren, Alexandra C. (Virginia)

Attorneys(s) for Defendant

Dadamo, Gary H. (Pennsylvania)

DeAngelo, James P. (Pennsylvania)

Hanna, Robert G. Jr. (Pennsylvania)

Jacob, Devon M. (Pennsylvania)

Lavery, Frank J. Jr. (Pennsylvania)

Lehman, David E. (Pennsylvania)

Morrison, Eric M. (Pennsylvania)

Young, Carol Steinour (Pennsylvania)

Expert/Monitor/Master

Chwastyk, Devin J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Sept. 16, 2007 Docket
1

Class Action Complaint

Sept. 16, 2007 Complaint
12

Defendant County of Dauphin's Motion to Dismiss

2007 WL 4772730

Oct. 11, 2007 Pleading / Motion / Brief
13

Order (Recusal of Judge Conner)

Oct. 24, 2007 Order/Opinion
16

Defendant County of Dauphin's Brief in Support of its Motion to Dismiss

2007 WL 4772731

Oct. 25, 2007 Pleading / Motion / Brief
24

Amended Class Action Complaint

2007 WL 4772732

Nov. 20, 2007 Complaint
27

Defendant County of Dauphin's Brief in Support of its Motion to Dismiss the Amended Complaint

Dec. 5, 2007 Pleading / Motion / Brief
26

Defendant Dauphin County's Motion to Dismiss Amended Complaint

Dec. 5, 2007 Pleading / Motion / Brief
45

Plaintiffs' Brief in Opposition to Defendant's Motion to Dismiss the Amended Compaint

Jan. 8, 2008 Pleading / Motion / Brief
47

Protective Order

Jan. 14, 2008 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against The County of Dauphin ( Filing fee $350, Receipt Number 1111770), filed by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Attachments: # 1 Civil Cover Sheet)(dfm ) (Entered: 09/17/2007)

Sept. 16, 2007
2

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1. (dfm ) (Entered: 09/17/2007)

Sept. 16, 2007

Summons Issued as to The County of Dauphin and provided to Attorney for service on Defendant(s). (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007

SPECIAL ADMISSION FORM SENT to Alan M. Ross, Esquire. (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007

SPECIAL ADMISSION FORM SENT to Elmer Robert Keach, III, Esquire. (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007

SPECIAL ADMISSION FORM SENT to Charles J. LaDuca, Esquire. (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007

SPECIAL ADMISSION FORM SENT to Daniel C. Levin, Esquire. (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007

SPECIAL ADMISSION FORM SENT to Gary E. Mason, Esquire. (dfm ) (Entered: 09/17/2007)

Sept. 17, 2007
3

ORDER − Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Judge Christopher C. Conner on 09/18/07. (ki) (Entered: 09/18/2007)

Sept. 18, 2007
4

NOTICE of Appearance by Frank J. Lavery, Jr on behalf of The County of Dauphin (Lavery, Frank) (Entered: 09/20/2007)

Sept. 20, 2007
5

NOTICE of Appearance by Robert G. Hanna, Jr on behalf of The County of Dauphin (Hanna, Robert) (Entered: 09/20/2007)

Sept. 20, 2007
6

NOTICE of Appearance by Devon M. Jacob on behalf of The County of Dauphin (Jacob, Devon) (Entered: 09/20/2007)

Sept. 20, 2007
7

AFFIDAVIT of Service for Summons, Complaint, Disclosure Statement Pursuant to Rule 7.1 Amy Rinesmith served on William T. Tully, Esquire on September 21, 2007, filed by Jennifer Reynolds. (Attachments: # 1 Affidavit Return of Service)(Ross, Alan) (Entered: 09/21/2007)

Sept. 21, 2007
8

SCHEDULING ORDER: Initial Case Management Conference set for 10/30/2007 @ 09:30 AM; placement of the telephone conference call is the responsibility of the plaintiffs. (See order for complete details.) Signed by Judge Christopher C. Conner on 09/25/07. (ki) (Entered: 09/25/2007)

Sept. 25, 2007
9

NOTICE of Appearance by Devin J. Chwastyk on behalf of The County of Dauphin (Chwastyk, Devin) (Entered: 10/01/2007)

Oct. 1, 2007
11

SPECIAL ADMISSIONS FORM APPROVED as to Gary E. Mason, Esquire (Orig: SCR Registry) Signed by Judge Christopher C. Conner on 10/10/07. (ki) (Entered: 10/10/2007)

Oct. 10, 2007
12

MOTION to Dismiss by The County of Dauphin. (Attachments: # 1 Proposed Order # 2 Exhibit(s))(Lavery, Frank) (Entered: 10/11/2007)

Oct. 11, 2007
13

ORDER OF RECUSAL/REASSIGNMENT − Judge Christopher C. Conner no longer assigned to the case − recused − Case reassigned to Judge Thomas I. Vanaskie for all further proceedings. CMC set for 10/30/07 CANCELLED. (See order for complete details.) Signed by Judge Christopher C. Conner on 10/24/07. (ki) (Entered: 10/24/2007)

Oct. 24, 2007
14

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alexandra C. Warren on behalf of all plaintiffs Attorney Alexandra Warren is seeking special admission. Filing fee $ 25, receipt number 1137602.. (Warren, Alexandra) (Entered: 10/24/2007)

Oct. 24, 2007
15

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Charles J. LaDuca on behalf of all plaintiffs Attorney Charles LaDuca is seeking special admission. Filing fee $ 25, receipt number 1137621.. (LaDuca, Charles) (Entered: 10/24/2007)

Oct. 24, 2007
16

BRIEF IN SUPPORT re 12 MOTION to Dismiss filed by The County of Dauphin.(Lavery, Frank) (Entered: 10/25/2007)

Oct. 25, 2007
17

ORDER re 14 Petition for Special Admission − Pro Hac Vice filed by Ashley McCormick, Devon Shepard, Jennifer Reynolds, Herbert Carter. Special Admission granted for Alexandra C. Warren. Signed by Judge Thomas I. Vanaskie on 10/25/07. (jfg) (Entered: 10/25/2007)

Oct. 25, 2007
18

ORDER re 15 Petition for Special Admission − Pro Hac Vice filed by Ashley McCormick, Devon Shepard, Jennifer Reynolds, Herbert Carter Special Admission granted for Charles J. LaDuca.Signed by Judge Thomas I. Vanaskie on 10/25/07. (jfg) (Entered: 10/25/2007)

Oct. 25, 2007
19

CASE MANAGEMENT PLAN by Herbert Carter, Devon Shepard, The County of Dauphin, Jennifer Reynolds, Ashley McCormick. (Keach, Elmer) (Entered: 10/31/2007)

Oct. 31, 2007
20

CASE MANAGEMENT PLAN Corrected to Include Agreed Upon Deadline for Class Certification Discovery by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Keach, Elmer) (Entered: 11/02/2007)

Nov. 2, 2007
21

ORDER: Case Management Conference set for 12/12/2007 08:30 AM in Scranton before Honorable Thomas I. Vanaskie.Signed by Judge Thomas I. Vanaskie on 11/6/07. (jfg) (Entered: 11/06/2007)

Nov. 6, 2007
22

MOTION for Extension of Time to File Brief in Opposition to Motion to Dismiss filed by Jennifer Reynolds. (Attachments: # 1 Proposed Order Proposed Order)(Warren, Alexandra) (Entered: 11/13/2007)

Nov. 13, 2007
23

ORDER The plaintiff's shall file a brief in opposition to the deft's motion to dismiss and/or an amended complt on or before 11/20/07.Signed by Judge Thomas I. Vanaskie on 11/14/07 (jfg) (Entered: 11/14/2007)

Nov. 14, 2007
24

AMENDED COMPLAINT against all defendants, filed by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick.(Keach, Elmer) (Entered: 11/20/2007)

Nov. 20, 2007
25

ORDER 1. Deft County of Dauphin's motin to dismiss (dkt 12), which is directed against the orginal complt is dismissed without prejudice. 2. The County of Dauphin shall plead or move in response to the am/complt in accordance with the requirement of Rule 15(a) of the Federal Rules of Civil Procedure. Signed by Judge Thomas I. Vanaskie on 11/21/07 (jfg) (Entered: 11/21/2007)

Nov. 21, 2007
26

MOTION to Dismiss the Amended Complaint by The County of Dauphin. (Attachments: # 1 Proposed Order)(Lavery, Frank) (Entered: 12/05/2007)

Dec. 5, 2007
28

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elmer Robert Keach, III on behalf of Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick Attorney Elmer Keach, III is seeking special admission. Filing fee $ 25, receipt number 1166454.. (Keach, Elmer) (Entered: 12/10/2007)

Dec. 10, 2007
29

CERTIFICATE of Counsel re 28 Petition for Special Admission − Pro Hac Vice, Certification Regarding Code of Professional Conduct by Elmer Robert Keach, III on behalf of Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick (Keach, Elmer) (Entered: 12/10/2007)

Dec. 10, 2007
30

ORDER re 28 Petition for Special Admission − Pro Hac Vice, filed by Ashley McCormick, Devon Shepard, Jennifer Reynolds, Herbert Carter. Special admission granted for Elmer Robert Keach, III. Signed by Judge Thomas I. Vanaskie on 12/11/07. (jfg) (Entered: 12/11/2007)

Dec. 11, 2007
32

ORDER: Pltfs shall move for class certification no later than 7/1/08. Discovery due by 5/1/2008. On or before 4/1/08 pltfs shall provide the Court with a written report conderning the status od discovery. Oral Argument set for 10/20/2008 10:00 AM in Scranton before Honorable Thomas I. Vanaskie.Signed by Judge Thomas I. Vanaskie on 12/12/07. (jfg) (Entered: 12/12/2007)

Dec. 12, 2007
33

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Nicholas A. Migliaccio on behalf of Jennifer Reynolds Attorney Nicholas A. Migliaccio is seeking special admission. Filing fee $ 25, receipt number 1168924.. (Migliaccio, Nicholas) (Entered: 12/12/2007)

Dec. 12, 2007
34

MOTION for Extension of Time to File Brief filed by Jennifer Reynolds. (Attachments: # 1 Proposed Order)(Warren, Alexandra) (Entered: 12/12/2007)

Dec. 12, 2007
35

ORDER granting 34 Motion for Extension of Time to File. The Pltf's shall file a brief in opposition to the deft's motion to dismiss the am/complt on or before 1/8/08. Signed by Judge Thomas I. Vanaskie on 12/13/07 (jfg) (Entered: 12/13/2007)

Dec. 13, 2007
36

ORDER re 33 Petition for Special Admission − Pro Hac Vice filed by Jennifer Reynolds. Special Admission granted by for Nicholas Migliaccio. Signed by Judge Thomas I. Vanaskie on 12/13/07. (jfg) (Entered: 12/13/2007)

Dec. 13, 2007
37

NOTICE of Appearance by Gary H. Dadamo on behalf of The County of Dauphin (Dadamo, Gary) (Entered: 12/18/2007)

Dec. 18, 2007
38

NOTICE of Appearance by Eric M. Morrison on behalf of The County of Dauphin (Morrison, Eric) (Entered: 12/21/2007)

Dec. 21, 2007
39

ORDER: Telephone Discovery Conference set for 1/4/2008 at 8:30 AM before Honorable Thomas I. Vanaskie. Signed by Judge Thomas I. Vanaskie on 12/27/07. (kn, ) (Entered: 12/27/2007)

Dec. 27, 2007
40

Letter to Judge Vanaskie from Counsel for Defendants requesting a telephonic conference. (kn, ) (Entered: 12/27/2007)

Dec. 27, 2007
41

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Discovery conference before Judge Vanaskie on 1/4/08. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 1/4/08. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) (Entered: 01/04/2008)

Jan. 4, 2008
43

Letter from James P. DeAngelo requesting telephone conference . (DeAngelo, James) (Entered: 01/07/2008)

Jan. 7, 2008
44

Letter from Carol Steinour Young re Proposed Protective Order . (Attachments: # 1 Proposed Order)(Young, Carol) (Entered: 01/08/2008)

Jan. 8, 2008
45

BRIEF IN OPPOSITION re 26 MOTION to Dismiss the Amended Complaint filed by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Attachments: # 1 Exhibit(s) A −− DeRose Deposition, pp. 1−40, # 2 Exhibit(s) A − DeRose Deposition, pp. 41−80, # 3 Exhibit(s) A − DeRose Deposition, pp. 81−120, # 4 Exhibit(s) A − DeRose Deposition, pp. 121−160, # 5 Exhibit(s) A −− DeRose Deposition, pp. 161−201, # 6 Exhibit(s) B − Post Order, # 7 Exhibit(s) C −− Preliminary Approval Order, McDaniel v. County of Schenectady, # 8 Exhibit(s) D −− Preliminary Approval Order, Hicks v. County of Camden)(Keach, Elmer) (Entered: 01/08/2008)

Jan. 8, 2008
46

ORDER: that a telephonic conference to discuss a resolution of the continuing dispute between the parties related to preservation of evidence and the protective order proposed by the defense will be held on 1/14/08 at 1:30 p.m. Atty DeAngelo is responsible for arranging the call. Signed by Honorable Thomas I. Vanaskie on 1/9/08. (jfg) (Entered: 01/09/2008)

Jan. 9, 2008
47

ORDER Confidential information shall include the name, address, telephone numbers, date of birth, date of arrival at the Dauphin County Prison, identity and telephone number of next of kin, offense charged, and the video and photographic images of individuals taken at the Dauphin County Prison. The documents and material that have been marked confidential pursuant to this order shall continue to be treated as confidential at trial. At trial the Court may determine how the documents and material shall be kept confidential at trial. Signed by Honorable Thomas I. Vanaskie on 1/14/08. (jfg) (Entered: 01/14/2008)

Jan. 14, 2008
48

Letter from Elmer Keach Regading Plaintiffs' Response to Dauphin County's Motion to Dismiss Amended Complaint . (Attachments: # 1 Supplement Defendant's First Motion to Dismiss, # 2 Supplement Exhibits to Defendant's First Motion)(Keach, Elmer) (Entered: 01/14/2008)

Jan. 14, 2008
50

TRANSCRIPT of Telephonic Discovery Conference held on 1/4/08 before Judge Vanaskie. Court Reporter: K. Yeager. (cr, ) (Entered: 01/19/2008)

Jan. 19, 2008
51

REPLY BRIEF re 26 MOTION to Dismiss the Amended Complaint filed by The County of Dauphin.(Chwastyk, Devin) (Entered: 01/23/2008)

Jan. 23, 2008
52

MOTION for Extension of Time to Complete Discovery by Jennifer Reynolds. (Attachments: # 1 Proposed Order)(Warren, Alexandra) (Entered: 03/27/2008)

March 27, 2008
53

NOTICE by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick Notice of Supplemental Authority of Plaintiffs In Response to Defendant's Motion to Dismiss the Amended Complaint (Levin, Daniel) (Entered: 03/27/2008)

March 27, 2008
54

ORDER granting 52 Motion for Extension of Time to Complete Discovery Class certification discovery shall be completed on or by 6/1/08. Signed by Honorable Thomas I. Vanaskie on 3/28/08 (jfg) (Entered: 03/28/2008)

March 28, 2008
55

Letter from Atty Lavery to Judge Vanaskie. I am co−lead counsel for Dauphin county in the above referenced matter. I ma enclosing a copy of the march 7, 2008 Memo and order of Judge Rambo in the Magger of Zimmerman v. Schaffer, 2008 U.S. Dist. Lexis 1784 which we believe bears on the issues in defts pendiing motion to dismiss. (jfg) (Entered: 04/02/2008)

April 2, 2008
56

MOTION for Extension of Time to Complete Discovery and Class Certification Deadlines by The County of Dauphin. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Young, Carol) (Entered: 05/21/2008)

May 21, 2008
57

ORDER granting Defendants 56 Motion for Extension of Time to Complete Class Certification Discovery and for the Class Certification motion. Class certification discovery shall be completed by July 1, 2008, and plaintiffs must file the motion for class certification on or before August 1, 2008. Discovery due by 7/1/2008.Signed by Honorable Thomas I. Vanaskie on 5/22/08 (ts, ) (Entered: 05/22/2008)

May 22, 2008
58

MOTION for Extension of Time to to File Motion for Class Certification by Jennifer Reynolds. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Warren, Alexandra) (Entered: 07/24/2008)

July 24, 2008
59

ORDER granting 58 Motion to Extend Time to file class certification. Plaintiffs shall file their motion for class certification on or by September 1, 2008Signed by Honorable Thomas I. Vanaskie on 7/25/08 (ts, ) (Entered: 07/25/2008)

July 25, 2008
61

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference Re: Settlement before Judge Vanaskie on 8/21/08. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 8/21/08. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) (Entered: 08/21/2008)

Aug. 21, 2008
62

ORDER THAT Defendant Dauphin Countys Motion to Dismissthe Amended Complaint (Dkt. Entry 26) is DISMISSED, WITHOUT PREJUDICE.Signed by Honorable Thomas I. Vanaskie on 8/21/08 (jfg) (Entered: 08/21/2008)

Aug. 21, 2008
64

ORDER THAT the oral argument previously scheduled for Monday, October 20, 2008 at 10:00 a.m. is cancelled.Signed by Honorable Thomas I. Vanaskie on 10/1/08. (jfg) (Entered: 10/01/2008)

Oct. 1, 2008
65

MOTION For Preliminary Approval of Settlement and Provisional Class Certification by Jennifer Reynolds. (Attachments: # 1 Exhibit(s) Certificate of Concurrence, # 2 Exhibit(s) Certificate of Service)(Warren, Alexandra) (Entered: 01/28/2009)

Jan. 28, 2009
66

BRIEF IN SUPPORT re 65 MOTION For Preliminary Approval of Settlement and Provisional Class Certification filed by Jennifer Reynolds.(Warren, Alexandra) (Entered: 01/28/2009)

Jan. 28, 2009
67

AFFIDAVIT in Support re 65 MOTION For Preliminary Approval of Settlement and Provisional Class Certification filed by Jennifer Reynolds. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 1−A, # 3 Exhibit(s) 1−B, # 4 Exhibit(s) 1−C, # 5 Exhibit(s) 1−D, # 6 Exhibit(s) 1−E, # 7 Exhibit(s) 1−F, # 8 Exhibit(s) 2)(Warren, Alexandra) (Entered: 01/28/2009)

Jan. 28, 2009
68

EXHIBIT 1 (Corrected) by Jennifer Reynolds re 67 Affidavit in Support of Motion,. (Warren, Alexandra) (Entered: 02/02/2009)

Feb. 2, 2009
69

ORDER PRELIMINARILY APPROVING SETTLEMENT− Capitalized terms used in this Order have the meanings assigned to them in theSettlement Agreement and this Order. The terms of the parties Settlement Agreement are hereby conditionallyapproved, subject to further consideration thereof at the Final Approval Hearing providedfor below. The Court finds that said settlement is sufficiently within the range ofreasonableness and that notice of the proposed settlement should be given as provided inthis Order. Pursuant to Fed R. Civ. P. 34 the Court conditionally certifies the followingsettlement class:Signed by Honorable Thomas I. Vanaskie on 4/8/09. (jfg) (Entered: 04/08/2009)

April 8, 2009
70

MOTION to Appear Pro Hac Vice − Attorney Daniel C. Levin is seeking special admission. Filing fee $ 25, receipt number 03140000000001670831. by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick.(Warren, Alexandra) (Entered: 09/11/2009)

Sept. 11, 2009
71

ORDER granting 70 Motion to Appear Pro Hac Vice for Atty Daniel C. Levin. Signed by Honorable Thomas I. Vanaskie on 9/14/09 (jfg) (Entered: 09/14/2009)

Sept. 14, 2009

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa ) (Entered: 09/14/2009)

Sept. 14, 2009
72

NOTICE by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick of Intention to Appear from Tony Waltington (Warren, Alexandra) (Entered: 09/29/2009)

Sept. 29, 2009
73

NOTICE by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick of Intention to Appear from Lawrence E. Stringer (Warren, Alexandra) (Entered: 09/29/2009)

Sept. 29, 2009
74

Joint MOTION for Final Approval of Class Action Settlement, for an Award of Expenses and Attorneys' Fees, and for Approval of Incentive Award to Class Representatives by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Attachments: # 1 Affidavit of Charles J. LaDuca in Support of Joint Motion, # 2 Memorandum of Law in Support of Joint Motion for Final Approval of Class Action Settlement, for an Award of Expenses and Attorneys' Fees, and for Approval of Incentive Award to the Class Representatives, # 3 Proposed Order Granting Final Approval of Class Action Settlement and Judgment, # 4 Certificate of Concurrence, # 5 Certificate of Service)(Warren, Alexandra) (Entered: 09/30/2009)

Sept. 30, 2009
76

Letter from Alexandra C. Warren Enclosing Affidavits of Class Counsel . (Attachments: # 1 Affidavit of Class Counsel)(Warren, Alexandra) (Entered: 10/16/2009)

Oct. 16, 2009
77

ORDER:THAT a telephone conference concerning settlement administration issues will be held on Thursday, October 29, 2009 at 10:00 a.m. Attorney Alexandra C. Warren is responsible for placing the call to (570) 207−5720, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Thomas I. Vanaskie on 10/19/09. (jfg) (Entered: 10/19/2009)

Oct. 19, 2009
78

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephone conference before Judge Vanaskie on 10/29/09. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 10/29/09. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) (Entered: 10/29/2009)

Oct. 29, 2009
80

ORDER:1. The proposed Notice of Revised Deadlines attached hereto is approved.2. A final hearing to determine whether the class action settlement should be approved will be conducted on December 18, 2009, at 10:OO a.m. in the Federal Building and U.S. Courthouse, 228 Walnut Street, Harrisburg, PA 17108. The hearing will be held in a courtroom to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. Signed by Honorable Thomas I. Vanaskie on 10/29/09. (jfg) (Entered: 10/29/2009)

Oct. 29, 2009
81

ORDER 1. The request of the parties counsel to participate in the December 18, 2009 hearing by phone is GRANTED. Plaintiffs counsel is responsible for placing the call to (717) 221−3920, and all parties should be ready to proceed before the undersigned is contacted. 2. Notwithstanding counsels participation in the hearing by phone, a final hearing to determine whether the class action settlement should be approved and allow class members to speak as to the fairness of the settlement or the request for fees and costs, will be conductedon December 18, 2009, at 10:00 a.m. in the Federal Building and U.S. Courthouse, 228 Walnut Street, Harrisburg, PA 17108. The hearing will be held in a courtroom to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. Signed by Honorable Thomas I. Vanaskie on 12/10/09. (jfg) (Entered: 12/10/2009)

Dec. 10, 2009
82

AFFIDAVIT in Support re 74 Joint MOTION for Final Approval of Class Action Settlement, for an Award of Expenses and Attorneys' Fees, and for Approval of Incentive Award to Class Representatives of Charles J. LaDuca, Esq. filed by Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) Certificate of Service)(Warren, Alexandra) (Entered: 12/15/2009)

Dec. 15, 2009
83

AFFIDAVIT in Support re 74 Joint MOTION for Final Approval of Class Action Settlement, for an Award of Expenses and Attorneys' Fees, and for Approval of Incentive Award to Class Representatives Fee Affidavit for Elmer Robert Keach, III filed by Herbert Carter, Devon Shepard, Jennifer Reynolds, Ashley McCormick.(Keach, Elmer) (Entered: 12/17/2009)

Dec. 17, 2009
84

ORDER THAT prior to tomorrows final settlement hearing, Plaintiffs Class Counsel, Cuneo, Gilbert &LaDuca, LLP, shall provide the Court with additional information in support of its Hours and Expenses request. The additionalinformation shall include: a listing of each of the attorneys who participated in the matter; identification as to whether they are partners, associates, or support staff; a firm biography; and biographies for each of the partners and associates participating in the matter. Counsel shall also provide a written explanation of the entry entitled litigation fees in the amount of $2,500 on the expense report of Cuneo, Gilbert &LaDuca, LLP. Signed by Honorable Thomas I. Vanaskie on 1217/09. (jfg) (Entered: 12/17/2009)

Dec. 17, 2009
86

AFFIDAVIT in Support re 74 Joint MOTION for Final Approval of Class Action Settlement, for an Award of Expenses and Attorneys' Fees, and for Approval of Incentive Award to Class Representatives (filed in accordance with Order dated December 17, 2009) filed by Devon Shepard, Jennifer Reynolds, Ashley McCormick. (Attachments: # 1 Exhibit(s) Certificate of Service)(Warren, Alexandra) (Entered: 12/17/2009)

Dec. 17, 2009
87

ORDER This Court has considered Class Counsels request and hereby grants an award of fees in the amount of twenty−five percent (25%) of the gross settlement amount, and an award of all expenses incurred. The Settlement Class Representatives, Jennifer Reynolds and Ashley McCormick, are entitled to and are each hereby awarded a payment of $15,000, and Class Representative Devon Shepard is awarded a payment of $10,000. These awards are in recognition of theefforts the Class Representatives undertook in connection with this lawsuit. The Court finds that an amount of attorneys fees in the amount of twenty−fivepercent (25%) of the gross settlement is reasonable under the circumstances of this case. Signed by Honorable Thomas I. Vanaskie on 12/18/09. (jfg) (Entered: 12/18/2009)

Dec. 18, 2009
89

COURT REPORTER NOTES OF PROCEEDINGS filed by L. Shuey of settlement before Judge Vanaskie on 12/18/09. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 12/18/09. By s/ L. Shuey. (Court Reporter Notes are viewable by court staff only). (ctrep1, ) (Entered: 12/21/2009)

Dec. 21, 2009
90

LETTER − from Tony Blount re: status of case. (docket sheet mailed) (jc) (Entered: 01/11/2010)

Jan. 11, 2010
91

ORDER THAT class counsel shall respond to Mr. Blounts request, informing him of the status of the above−captioned action and his status as a potential class member, within seven (7) days of the date of this Order. Signed by Honorable Thomas I. Vanaskie on 1/12/10. (jfg) (Entered: 01/12/2010)

Jan. 12, 2010
92

Letter from Alexandra C. Warren to Mr. Tony Blount. (Warren, Alexandra) (Entered: 01/12/2010)

Jan. 12, 2010

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 16, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All who have been or will be strip searched in the Dauphin County Prison after being charged with misdemeanors, summary offenses, among other minor crimes as of September 16, 2005.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Dauphin (Dauphin), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,160,500

Order Duration: 2008 - 0

Issues

General:

Strip search policy

Type of Facility:

Government-run