Case: Garcia v. Santa Cruz County

4:08-cv-00139 | U.S. District Court for the District of Arizona

Filed Date: Feb. 25, 2008

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On February 25, 2008, the plaintiff, a pre-arraignment detainee in the Santa Cruz County Jail, filed a class action lawsuit under 42 U.S.C. § 1983 in the United States Court for the District of Arizona, Tucson Division against Santa Cruz County. The plaintiff, represented by private counsel, asked the court for injunctive and compensatory relief, claiming violation of his Fourth and Fourteenth Amendment rights. Specifically, the plaintiff alleged that the blanket policy of strip-searching and c…

On February 25, 2008, the plaintiff, a pre-arraignment detainee in the Santa Cruz County Jail, filed a class action lawsuit under 42 U.S.C. § 1983 in the United States Court for the District of Arizona, Tucson Division against Santa Cruz County. The plaintiff, represented by private counsel, asked the court for injunctive and compensatory relief, claiming violation of his Fourth and Fourteenth Amendment rights. Specifically, the plaintiff alleged that the blanket policy of strip-searching and cavity searching all pre-arraignment detainees without reasonable suspicion was a violation of the plaintiff's right to due process and to be free from unreasonable search and seizure, and violated established Supreme Court precedent in Bell v. Wolfish.

Between 2006 and 2008, the plaintiff, the putative class representative, was arrested several times in Santa Cruz County on various minor offenses. Each time, when he was detained in the Santa Cruz County Jail, he was, in the company of other detainees and in full view of others, required to stand naked, lift his genitals, and expose his anus for visual inspection. This was a routine procedure that all detainees at the jail were compelled to undergo.

The class was never certified because the case settled before the defendants and plaintiffs litigated class certification.

On January 15, 2009, the Court (Judge Raner C. Collins) entered an unpublished order approving a stipulated settlement that would dismiss the case with prejudice, after a fairness hearing.

In the Stipulated Settlement Agreement, the County agreed to pay 3.2 million dollars to a fund from which class members could claim damages. The class was described as people who had been subjected to strip and cavity searches without reasonable suspicion in the Santa Cruz County Jail, with the named plaintiff to receive $50,000. Attorney fees were awarded in the amount of $725,000. No injunctive-like provisions were included in the Stipulated Settlement.

The fairness hearing was held on July 13, 2009, and the Court approved the settlement, and dismissed the case the same day. The case has been closed.

Summary Authors

Blase Kearney (7/10/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/48041088/parties/garcia-v-santa-cruz-county/


Judge(s)

Collins, Raner Christercunean (Arizona)

Attorneys(s) for Plaintiff

Dahlstrom, Eric N. (Arizona)

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Rothstein, Robert R. (Arizona)

Schwartz, Andrew Charles (California)

Shiel, Michael (Arizona)

Staton, Georgia (Arizona)

Wahlin, Lisa S. (Arizona)

Williams, Cathleen A. (California)

Judge(s)

Collins, Raner Christercunean (Arizona)

Attorneys(s) for Plaintiff

Dahlstrom, Eric N. (Arizona)

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Rothstein, Robert R. (Arizona)

Schwartz, Andrew Charles (California)

Shiel, Michael (Arizona)

Staton, Georgia (Arizona)

Wahlin, Lisa S. (Arizona)

Williams, Cathleen A. (California)

Attorneys(s) for Defendant

Yurk, Russell R. (Arizona)

Documents in the Clearinghouse

Document

4:08-cv-00139

Docket [PACER]

July 14, 2009

July 14, 2009

Docket
1

4:08-cv-00139

Class Action Complaint

Feb. 25, 2008

Feb. 25, 2008

Complaint
36-1

4:08-cv-00139

Stipulation of Settlement

June 12, 2009

June 12, 2009

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/48041088/garcia-v-santa-cruz-county/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000001751304, filed by George Victor Garcia, Santa Cruz County, Tony Estrada. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Dahlstrom, Eric) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

Clearinghouse

This case has been assigned to the Honorable Raner C. Collins. All future pleadings or documents should bear the correct case number: CV-08-139-TUC-RCC. (BJW, )

Feb. 25, 2008

Feb. 25, 2008

PACER
2

Notice re Magistate Consent Form (BJW, ) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

PACER
3

Summons Issued as to Santa Cruz County, Tony Estrada. (Attachments: # 1 Summons)(BJW, ). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

PACER
4

MOTION for Admission Pro Hac Vice as to attorney Robert R Rothstein on behalf of George Victor Garcia. (BAS, ) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX068443 as to Robert Richard Rothstein. (BAS, )

Feb. 28, 2008

Feb. 28, 2008

PACER
5

ORDER pursuant to General Order 05-25 granting 4 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
6

MOTION for Extension of Time to answer or respond to Plaintiffs' Complaint by DOES 1-50, Santa Cruz County, Tony Estrada. (Staton, Georgia) Modified EVENT on 4/8/2008 TO EXTENSION OF TIME TO FILE ANSWER (KMF, ). (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

PACER
7

RESPONSE to Motion re 6 MOTION for Extension of Time to answer or respond to Plaintiffs' Complaint filed by George Victor Garcia. (Rothstein, Robert) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Mark E Merin on behalf of George Victor Garcia. (BAS, ) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Andrew C Schwartz on behalf of George Victor Garcia. (BAS, ) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX069273 as to Mark E Merin. (BAS, )

March 21, 2008

March 21, 2008

PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX069274 as to Andrew C Schwartz. (BAS, )

March 21, 2008

March 21, 2008

PACER
10

ORDER pursuant to General Order 05-25 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
11

ORDER granting 6 Motion for Extension of Time to Answer, dfts' answer due 5/8/2008. Signed by Judge Raner C Collins on 4/8/08.(KMF, ) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
12

ANSWER to 1 Complaint by DOES 1-50, Santa Cruz County, Tony Estrada.(Staton, Georgia) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

PACER
13

DEMAND for Trial by Jury by DOES 1-50, Santa Cruz County, Tony Estrada. (Staton, Georgia) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

PACER
14

ORDER Telephonic Scheduling Conference set for 7/8/2008 11:00 AM before Judge Raner C Collins' law clerk. Joint rpt due 7/7/08. Signed by Judge Raner C Collins on 6/10/08. (KMF, ) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

PACER
15

NOTICE of Appearance by Russell R Yurk on behalf of all defendants (Yurk, Russell) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

PACER
16

NOTICE of Appearance by Lisa Carol Stelly-Wahlin on behalf of DOES 1-50, Santa Cruz County, Tony Estrada (Stelly-Wahlin, Lisa) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

PACER
17

REPORT re: Rule 26(f) Planning Meeting by Santa Cruz County, Tony Estrada. (Yurk, Russell) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
18

SCHEDULING ORDER: Discovery due by 12/15/2009. Dispositive motions due by 1/15/2009. Proposed Pretrial Order due by 2/26/2010. Joint Settlement Status Report due by 11/5/2008 & every 45 days thereafter. Signed by Judge Raner C Collins on 7/8/08. (KMF, ) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
19

AMENDED SCHEDULING ORDER: Discovery due by 12/15/2009. Dispositive motions due by 1/15/2010. Joint Proposed Pretrial Order due by 2/26/2010. Joint Settlement Status Report due by 11/5/2008 & every 45 days thereafter. Signed by Judge Raner C Collins on 7/9/08. (KMF, ) Modified TEXT on 7/10/2008 (KMF, ). (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
20

CERTIFICATE OF SERVICE by George Victor Garcia for Plaintiffs' Initial Disclosures (Rothstein, Robert) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
21

Notice re Service of Defendants' Initial Disclosure Statement by DOES 1-50, Santa Cruz County, Tony Estrada (Staton, Georgia) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
22

Notice re Service of Defendants' Supplemental Disclosure Statement by Santa Cruz County, Tony Estrada (Staton, Georgia) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

PACER
23

Notice re Service of Supplemental Disclosure Statement by DOES 1-50, Santa Cruz County, Tony Estrada (Staton, Georgia) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
24

Notice re Service of Defendants' Third Supplemental Disclosure Statement by DOES 1-50, Santa Cruz County, Tony Estrada (Staton, Georgia) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
25

CERTIFICATE OF SERVICE by George Victor Garcia (Merin, Mark) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
26

Notice re Service of Defendants' 4th Supplemental Disclosure Statement by Santa Cruz County, Tony Estrada (Staton, Georgia) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
27

STATUS REPORT -Joint Settlement Status Report by George Victor Garcia. (Merin, Mark) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

PACER
28

MOTION for Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action [Notice] by DOES 1-50, George Victor Garcia, Santa Cruz County, Tony Estrada. (Merin, Mark) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
29

MOTION for Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action [Points and Authorities] by DOES 1-50, George Victor Garcia, Santa Cruz County, Tony Estrada. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Text of Proposed Order Exhibits A&B to Proposed Order)(Merin, Mark) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
30

ORDER granting 29 Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action. Ordered that both parties are to appear in Court for Hearing on Proposed Preliminary Approval of Settlement of Class Action scheduled for 2/3/09 @ 1:30pm. ***See attached PDF for complete information***. Signed by Judge Raner C Collins on 1/14/09.(BAC, ) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
31

Minute Entry from hearing on Preliminary Approval of Settlement held before Judge Raner C Collins on 2/3/2009. Order signed. Fairness hearing set for 7/13/2009 at 01:30 PM before Judge Raner C Collins. See attached.pdf for details. (Court Reporter COURTSMART.)(MEG) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
32

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION. The terms of the Stipulation of Settlement are hereby preliminarily approved, subject to further consideration thereof at the Fairness Hearing. The Court finds that the settlement is sufficiently within the range of reasonableness and that notice of the proposed settlement should be given as provided in this Order. Fairness Hearing set for 7/13/2009 01:30 PM before Judge Raner C Collins. Signed by Judge Raner C Collins on 2/3/09.**SEE ATTACHED PDF FOR COMPLETE INFORMATION**(JEMB, ) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
33

STIPULATION to Correct Stipulated Settlement of Class Action by DOES 1-50, Santa Cruz County, Tony Estrada. (Attachments: # 1 Text of Proposed Order)(Staton, Georgia) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

PACER
34

ORDER granting 33 Stipulation : It is ordered approving the Provisional Settlement Class and Settlement of Class Action as modified in the stipulation to correct 33 . Signed by Judge Raner C Collins on 03/03/09. (LMF, ) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
35

OBJECTION to the allocation of the settlement funds by Plaintiff George Victor Garcia. (JEMB, ) (Entered: 05/27/2009)

May 22, 2009

May 22, 2009

PACER
36

NOTICE of Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement by George Victor Garcia (Attachments: # 1 Exhibit 1)(Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
37

DECLARATION of Declaration of Mark E. Merin in Support of the Parties' Joint Submission in Support of Final Approval of Stipulated Settlement re 36 Notice of Settlement by Plaintiff George Victor Garcia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
38

DECLARATION of Ryanne Cozzi in Support of the Parties' Joint Submission in Support of Final Approval of Stipulated Settlement; Exhibit A re 36 Notice of Settlement by Plaintiff George Victor Garcia. (Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
39

Additional Attachments to Main Document re 36 Notice of Settlement [Proposed] Order and Judgment of Dismissal by Plaintiff George Victor Garcia. (Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
40

MOTION for Attorney Fees Class Counsel's Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs by George Victor Garcia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
41

DECLARATION of Mark E. Merin in Support of Class Counsels' Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs re 40 MOTION for Attorney Fees Class Counsel's Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs by Plaintiff George Victor Garcia filed by George Victor Garcia. (Attachments: # 1 Exhibit A&B, # 2 Exhibit C)(Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
42

DECLARATION of Andrew C. Schwartz in Support of re 40 MOTION for Attorney Fees Class Counsel's Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs by Plaintiff George Victor Garcia filed by George Victor Garcia. (Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
43

DECLARATION of Robert R. Rothstein in Support of re 40 MOTION for Attorney Fees Class Counsel's Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs by Plaintiff George Victor Garcia filed by George Victor Garcia. (Merin, Mark) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
44

CERTIFICATE OF SERVICE by George Victor Garcia re 43 Declaration, 40 MOTION for Attorney Fees Class Counsel's Unopposed Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs, 41 Declaration, 42 Declaration, (Merin, Mark) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
45

CERTIFICATE OF SERVICE by George Victor Garcia re 39 Additional Attachments to Main Document, 38 Declaration, 36 Notice of Settlement, 37 Declaration, (Merin, Mark) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
46

WITHDRAWAL OF DOCUMENT re 35 Objection : Notice of Withdrawal of Objection of George Victor Garcia by Plaintiff George Victor Garcia. (Merin, Mark) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

PACER
47

Minute Entry for Fairness Hearing before Judge Raner C Collins held on 7/13/2009. No individual party appearing from the settlement class and no one wishing to oppose the settlement as inquired in open court, Order and Judgment of Dismissal pursuant to stipulation of the parties is signed. PRESENT: Mark Merin and Andrew Schwartz for the Plaintiff; Georgia Staton for the defendants. (Court Reporter Erica Grund.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MEG) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
49

ORDER AND JUDGMENT OF DISMISSAL pursuant to Stipulation of Settlement. It is Ordered that the complaint in this action be dismissed with prejudice and that judgment be and the same hereby is entered pursuant to the terms in this Order. ***See attached PDF for complete information***. Signed by Judge Raner C Collins on 7/13/09. (BAC, ) Modified on 7/24/2009 (DNO, INCORRECT FILE DATE; FILE DATE MODIFIED TO REFLECT FILE STAMP DATE; INCORRECT EVENT SELECTED). (Entered: 07/17/2009)

July 13, 2009

July 13, 2009

PACER
48

Letter from Claimant. (BAC, ) (Entered: 07/16/2009)

July 14, 2009

July 14, 2009

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 25, 2008

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-arraignment detainees in the Santa Cruz County Jail subjected to strip and cavity searches without reasonable suspicion.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Santa Cruz County (Santa Cruz), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3200000

Issues

General:

Strip search policy

Affected Gender:

Male