Case: Byrd v. Maricopa County Sheriff's Department

2:04-cv-02701 | U.S. District Court for the District of Arizona

Filed Date: Nov. 26, 2004

Closed Date: Jan. 25, 2012

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Case Summary

On November 26, 2004, the plaintiff brought this action pro se under 42 U.S.C. § 1983 in the U.S. District Court for the District of Arizona, Phoenix Division. While the plaintiff had been a pretrial detainee in a minimum-security facility, Maricopa County jail officials ordered a search of his entire housing unit. The plaintiff alleged that during the search, a female training cadet conducted a partial strip search and pat down of his groin area despite the availability of male detention offic…

The plaintiff alleged that the search violated his right under the Fourth Amendment to be free from unreasonable searches, his rights under the Fourteenth Amendment to equal protection of the laws and substantive due process, and his right under the Eighth Amendment to be free from cruel and unusual punishment. Plaintiff named the cadet, the cadet's supervisor, and Maricopa County Sheriff's Department as defendants.

On May 30, 2007, the court (Judge Neil V. Wake) dismissed Plaintiff's equal protection claim but denied Maricopa County's motion for summary judgment on Plaintiff's Fourth Amendment and Eighth Amendment claims. 2007 WL 9723160. The Court also appointed counsel to represent Plaintiff at trial.

On June 19, 2007, the defendants moved to dismiss based on the plaintiff's failure to exhaust administrative remedies, but the court denied the motion as untimely the following day.

Following the presentation of evidence, both parties moved for judgment as a matter of law. The court (Judge Neil V. Wake) granted judgment as a matter of law in favor of the cadet's supervisor and Maricopa County. The court also ruled as a matter of law that the search was constitutionally valid. With the female cadet as the only remaining defendant, the court narrowed the issues to be presented to the jury. On August 16, 2007, the jury found for the cadet defendant on all counts. The District Court entered judgment in favor of all defendants.

Plaintiff appealed to the U.S. Court of Appeals for the Ninth Circuit. On May 18, 2009, in a published opinion by Judge Sandra S. Ikuta, a divided panel of the Ninth Circuit affirmed the District Court's judgment. The Ninth Circuit held that the plaintiff had not sufficiently alleged discrimination for an equal protection claim, that the search was not punitive and therefore did not violate his substantive due process rights, and that the search was not unreasonable under the Fourth Amendment because it was based on security and staffing needs. 565 F.3d 1205.

The Ninth Circuit subsequently granted rehearing en banc. On January 05, 2011, the Ninth Circuit reversed the panel in a published opinion by Judge Johnnie B. Rawlinson. The Ninth Circuit agreed that the search did not violate the plaintiff's equal protection or substantive due process rights, but held that the cross-gender strip search was unreasonable as a matter of law and violated Plaintiff's rights under the Fourth Amendment. Accordingly, the District Court's entry of judgment as a matter of law in favor of the cadet's supervisor and Maricopa County was reversed, and the case was remanded to the District Court for further proceedings consistent with this opinion. 629 F.3d 1135.

The defendants appealed the decision to the Supreme Court, but the Court declined to hear the case on June 6, 2011.

On remand, the defendants moved on August 24, 2021 to exclude the issue of emotional damages and punitive damages from the future trial. Judge Neil V. Wake issued an October 24, 2011 opinion partially granting the motion. The court found that the plaintiff was not entitled to emotional damages because that issue had been addressed in the jury trial and couldn't be retried. Regarding the punitive damages, the court held that the plaintiff could not get punitive damages from the supervisor because the supervisor was now only part of the lawsuit in his official capacity, as a representative of Maricopa County, and plaintiffs cannot get punitive damages from counties under § 1983. As to the cadet, the court held that the plaintiff would have to establish the cadet had “evil motive or intent,” which the record did not indicate. Therefore, the court ordered further briefing from both parties on that issue. 2011 WL 5434240.

The following month, on November 21, 2011, the court issued an order denying punitive damages because the plaintiff had not provided any additional support for the cadet's "evil motive." Therefore, the court granted only nominal damages of $100 to the plaintiff.

The plaintiff moved for attorneys' fees on December 5, 2011, for both trial and appellate counsel. The defendants settled the fee issue with trial counsel, and the plaintiff had not moved for attorneys' fees in the Ninth Circuit, so the court denied the motion for attorneys' fees for appellate counsel on December 30, 2011. The case is now closed.

Summary Authors

Xin Chen (5/2/2011)

Samantha Houghton (4/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4647128/parties/byrd-v-maricopa-cty-sher-of/

Judge(s)

Attorney for Plaintiff

Brower, Stephen (Arizona)

Green, Jarrett A. (California)

Attorney for Defendant

Brandon, Maria R. (Arizona)

Carpenter, Dennis Dale Jr. (Arizona)

GilBride, Eileen Dennis (Arizona)

Judge(s)

Ikuta, Sandra Segal (California)

Rawlinson, Johnnie B. (Nevada)

Voss, Edward C. III (Arizona)

Wake, Neil Vincent (Arizona)

Attorney for Plaintiff

Brower, Stephen (Arizona)

Green, Jarrett A. (California)

Jones, Jacob Christensen (Arizona)

Lopez, Louis Daniel Jr. (Arizona)

Attorney for Defendant

Brandon, Maria R. (Arizona)

Carpenter, Dennis Dale Jr. (Arizona)

GilBride, Eileen Dennis (Arizona)

Muthig, Klaus Peter (Arizona)

Tinsley, Laurence G (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:04-cv-02701	Docket	Jan. 25, 2012	Jan. 25, 2012 Docket
29 2:04-cv-02701	Plaintiff's Motion for Summary Judgment Pursuant to Rule 56 of Federal Rules of Procedure	April 21, 2006	April 21, 2006 Pleading / Motion / Brief
35 2:04-cv-02701	Order	May 22, 2006	May 22, 2006 Order/Opinion
39 2:04-cv-02701	Defendants' Motion to Dismiss and Memorandum	Jan. 18, 2007	Jan. 18, 2007 Pleading / Motion / Brief
43 2:04-cv-02701	Plaintiff's Response to Defendants' Motion for Summary Judgment	Feb. 6, 2007	Feb. 6, 2007 Pleading / Motion / Brief
52 2:04-cv-02701	Order	May 30, 2007	May 30, 2007 Order/Opinion 2007 WL 9723160
62 2:04-cv-02701	Maricopa County Defendants' Motion to Dismiss	June 19, 2007	June 19, 2007 Pleading / Motion / Brief
65 2:04-cv-02701	Order	June 20, 2007	June 20, 2007 Order/Opinion
07-16640	Plaintiff's Replacement Opening Brief U.S. Court of Appeals for the Ninth Circuit	Jan. 23, 2008	Jan. 23, 2008 Pleading / Motion / Brief 2008 WL 592053
07-16640	Answering Brief of Defendants U.S. Court of Appeals for the Ninth Circuit	March 7, 2008	March 7, 2008 Pleading / Motion / Brief 2008 WL 1723061

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4647128/byrd-v-maricopa-cty-sher-of/

Last updated April 7, 2025, 11:45 a.m.

ECF Number	Date	Description	Link
1	Nov. 26, 2004	PRISONER Civil Rights Complaint filed. (TLJ) (Entered: 11/30/2004)	PACER
2	Nov. 26, 2004	NOTICE of Assignment; case is assigned to Judge Neil V. Wake and is referred to Edward C. Voss (PS) and Court's Legal Staff for review. (TLJ) (Entered: 11/30/2004)	PACER
3	Dec. 27, 2004	DEMAND for jury trial by pla Charles Edward Byrd (SRB) (Entered: 12/28/2004)	PACER
4	Jan. 21, 2005	NOTICE by pla Charles Edward Byrd of change of address: ASPC, Douglas, Gila Unit, PO Box 5003, Douglas, AZ 85608 (SRB) (Entered: 01/24/2005)	PACER
5	Jan. 31, 2005	MOTION to amend complaint (pris civil rights) [1−1] by pla Charles Edward Byrd [5−1] (amended complaint not filed) (SRB) (Entered: 02/01/2005)	PACER
6	Feb. 10, 2005	MOTION for legal supplies by pla Charles Edward Byrd [6−1] (SRB) (Entered: 02/11/2005)	PACER
7	Feb. 17, 2005	MOTION to produce documents by pla Charles Edward Byrd [7−1] (SRB) (Entered: 02/18/2005)	PACER
8	Feb. 17, 2005	MOTION for legal supplies by pla Charles Edward Byrd [8−1] (SRB) (Entered: 02/18/2005)	PACER
9	Feb. 23, 2005	MOTION to amend exhibits by pla Charles Edward Byrd [9−1] (SRB) (Entered: 02/24/2005)	PACER
10	May 3, 2005	ORDER FOR PAYMENT OF INMATE FILING FEE by Judge Neil V. Wake (cc: all counsel/Dora Schriro/Michael Brodsky/finance) re: order filed [10−1] (SRB) (ADI−ICMS, ). (Entered: 05/03/2005)	PACER
11	May 3, 2005	NOTICE by pla Charles Edward Byrd of change of address to #103766, ASPC−Douglas−Maricopa−G4, Box 5000, Douglas, AZ 85608 (KCS) (Entered: 05/05/2005)	PACER
12	May 20, 2005	ORDER by Judge Neil V. Wake Plaintiff's Application to Proceed In Forma Pauperis is granted; pla is obligated to pay the statutory filing fee of $150.00 for this action; denying motion to amend exhibits by pla Charles Edward Byrd [9−1], denying motion for legal supplies by pla Charles Edward Byrd [8−1], denying motion to produce documents by pla Charles Edward Byrd [7−1], denying motion for legal supplies by pla Charles Edward Byrd [6−1], denying motion to amend complaint (pris civil rights) [1−1] by pla Charles Edward Byrd [5−1]; dfts Durango Jail, Peterson, Joseph Arpaio, and Maricopa County Sherriff's Office are dismissed without prejudice terminating party Durango Jail, party Peterson, party Joseph M Arpaio, party Maricopa Cty Sher Of , Pla complaint is dismissed without prejudice with leave to amend. Pla shall have 30 days from the date of this order to file an amended complaint; clerk is directed to enter judgment of dismissal without prejudice of this action if pla fails to file an amended complaint within 30 days; ; spec. prisoner ddl set for 6/20/05 clerk is directed to provide pla with a current court approved form for filing a civil rights complaint (cc: all counsel)(form sent to pla) (SRB) (ADI−ICMS, ). (Entered: 05/20/2005)	PACER
13	June 14, 2005	FIRST AMENDED COMPLAINT by pla Charles Edward Byrd; jury demand [1−1]; adding Dfts Arpaio, Peterson (MAP) (Entered: 06/15/2005)	PACER
14	June 14, 2005	MOTION for appointment of counsel by pla Charles Edward Byrd [14−1] (MAP) (Entered: 06/15/2005)	PACER
15	June 16, 2005	CERTIFICATE of Mailing First Amended Complaint by pla (SAT) (Entered: 06/17/2005)	PACER
16	Sept. 14, 2005	MOTION to allow Petitioner to make legal copies while on indigent status by Charles Edward Byrd. (TLJ, ) (Entered: 09/15/2005)	PACER
17	Nov. 9, 2005	NOTICE of Change of Address by Charles Edward Byrd: 201 S. 4th Avenue, Phoenix, AZ 85003 (LSP) (Entered: 11/14/2005)	PACER
18	Nov. 18, 2005	NOTICE of Change of Address to 201 S. 4th Ave., Phoenix, AZ. 85003 by Charles Edward Byrd (TLJ, ) (Entered: 11/21/2005)	PACER
19	Feb. 1, 2006	ORDER denying 14 Motion to Appoint Counsel, denying 16 Motion copies . Signed by Judge Neil V Wake on 01/31/06. (KCS) (Entered: 02/01/2006)	PACER
20	Feb. 1, 2006	ORDER (Service Packet) Special Prisoner Deadline due by 3/3/2006. Service Packet due by 2/21/2006. Possible Dismissal due by 4/1/2006.. Signed by Judge Neil V Wake on 01/31/06. (KCS, ) (Entered: 02/01/2006)	PACER
21	Feb. 28, 2006	WAIVER OF SERVICE Returned Executed O'Connell waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)	PACER
22	Feb. 28, 2006	WAIVER OF SERVICE Returned Executed Peterson waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)	PACER
23	Feb. 28, 2006	WAIVER OF SERVICE Returned Executed Joseph M Arpaio waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)	PACER
24	March 2, 2006	NOTICE of Change of Address by Charles Edward Byrd (3250 W Lower Buckeye, LBJ−T3L−B19, Phoenix, AZ 85009) (SBU, ) (Entered: 03/06/2006)	PACER
25	March 28, 2006	NOTICE of Change of Address by Charles Edward Byrd #103766, ASPC Douglas, PO Box 5000, Douglas, AZ 85608. (KCS) (Entered: 03/31/2006)	PACER
26	April 11, 2006	MOTION for Status of Case by Charles Edward Byrd. (DNH, ) (Entered: 04/12/2006)	PACER
27	April 12, 2006	MOTION for Default Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/13/2006)	PACER
28	April 17, 2006	ANSWER to Amended Complaint by Joseph M Arpaio, O'Connell, Peterson.(Brandon, Maria) (Entered: 04/17/2006)	PACER
29	April 21, 2006	MOTION for Summary Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/24/2006)	Clearinghouse
30	April 27, 2006	RESPONSE to Motion re 27 MOTION for of Default Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit A)(Brandon, Maria)	PACER
32	May 4, 2006	RESPONSE to Motion re 29 MOTION for Summary Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 05/04/2006)	PACER
33	May 8, 2006	First MOTION to Strike 31 Response filed by Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Text of Proposed Order)(Brandon, Maria) (Entered: 05/08/2006)	PACER
34	May 8, 2006	ERRATA re 32 Response to Motion filed by Defendants Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit A to Defendants' Response to Motion for Summary Judgment)(Brandon, Maria) (Entered: 05/08/2006)	PACER
35	May 22, 2006	ORDER denying 26 Motion for Status, denying 27 Motion Demanding Judgment by Default, denying 29 Motion for Summary Judgment. Signed by Judge Edward C Voss on May 22, 2006. (ECV)	Clearinghouse
36	May 22, 2006	ORDER granting 33 Motion to Strike Plaintiff's 31 Response to Defendants' Answer; Minute Entry 31 Ruled On Motion . Signed by Judge Edward C Voss on 05/22/06. (DNH) (Entered: 05/22/2006)	PACER
37	May 22, 2006	ORDERED Discovery due by 1/25/2007. Dispositive motions due by 3/26/2007. Proposed Pretrial Order due by 5/29/2007. Signed by Judge Edward C Voss on May 22, 2006. (ECV)	RECAP
38	Dec. 1, 2006	Filing fee received: $ 7.13, receipt number PHX051512. Paid in full. (SAT) (Entered: 12/05/2006)	PACER
39	Jan. 18, 2007	MOTION for Summary Judgment by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 01/18/2007)	Clearinghouse
40	Jan. 18, 2007	STATEMENT of Facts in Support of Motion for Summary Judgment re 39 MOTION for Summary Judgment by Defendants Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit Index to Statement of Facts and Exhibits A−F)(Brandon, Maria) (Entered: 01/18/2007)	PACER
41	Jan. 23, 2007	ORDER − IT IS ORDERED that Plaintiff must file a response to Defendants' 39 MOTION for Summary Judgment together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than February 21, 2007. FURTHER ORDERED that Defendants may file a reply within 15 days after service of Plaintiffs response. FURTHER ORDERED that the Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge Edward C Voss on 1/22/07. (SAT) (Entered: 01/23/2007)	PACER
42	Jan. 26, 2007	MOTION to Submit Exhibits A − M−6 by Charles Edward Byrd. (Attachments: # 1)(SAT) (Entered: 01/26/2007)	PACER
43	Feb. 6, 2007	RESPONSE to Motion (titled "Motion to Dismiss") re defendant(s) 39 MOTION for Summary Judgment filed by Charles Edward Byrd. (Attachments: # 1)(SAT) (Entered: 02/08/2007)	Clearinghouse
44	Feb. 20, 2007	REPLY to Response to Motion re 39 MOTION for Summary Judgment Reply to Plaintiff's Motion to Dismiss Defendant(s) Motion for Summary Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 02/20/2007)	PACER
45	Feb. 22, 2007	SUPPLEMENT to Plaintiff's 43 Response (titled "Motion to Dismiss") to Motion re defendant(s) 39 MOTION for Summary Judgment by Plaintiff Charles Edward Byrd. (SAT) (Entered: 02/22/2007)	PACER
46	Feb. 22, 2007	ORDER − IT IS THEREFORE ORDERED that Plaintiff's 42 Motion to Submit Exhibits is granted. Signed by Judge Edward C Voss on 2/22/07.(SAT) (Entered: 02/22/2007)	PACER
48	March 29, 2007	NOTICE of Change of Address by Charles Edward Byrd. NEW ADDRESS: ASPC−Alhambra, PO BOX 52109, Phoenix, AZ 85072 (SAT) (Entered: 03/30/2007)	PACER
49	May 24, 2007	MOTION for Proposed Pretrial Order by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)	PACER
50	May 24, 2007	MOTION to Allow U.S. District Court Judge to Rule on this Case and not a Jury Trial by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)	PACER
51	May 24, 2007	MOTION to Appoint Counsel by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)	PACER
52	May 30, 2007	ORDER − IT IS ORDERED: (1) Count II of Plaintiff's First Amended Complaint is dismissed for failure to state a claim. (2) Defendants' 39 Motion for Summary Judgment is granted in part and denied in part. (3) The motion is granted to the extent that Plaintiff is not entitled to damages under 42 U.S.C. § 1997e(e) for mental or emotional injury. (4) The motion is otherwise denied. Plaintiff may proceed as to his claims for compensatory, nominal, and punitive damages based on violations of his Fourth and Eighth Amendment rights. (5) Plaintiff's 49 Motion for Pre−Trial Order is denied. (6) Plaintiff's 50 Motion to Allow U.S. District Judge to Rule on this Case and Not a Jury Trial is denied. Signed by Judge Neil V Wake on 5/29/07.(SAT) (Entered: 05/30/2007)	Clearinghouse
53	May 30, 2007	ORDER issued: Motions in Limine due by 7/6/2007, Proposed Pretrial Order due by 7/6/2007, Final Pretrial Conference set for 7/27/2007 at 10:00 AM before Judge Neil V Wake, Jury Trial set for 8/14/2007 at 09:00 AM before Judge Neil V Wake. Signed by Judge Neil V Wake on 5/30/07. (SJF) (Entered: 05/30/2007)	PACER
54	May 31, 2007	ORDER − IT IS ORDERED withdrawing the reference to the Magistrate Judge in this case. Case no longer referred to Edward C Voss. All matters going forward shall remain with the District Judge for disposition as appropriate. Signed by Judge Neil V Wake on 5/31/07. (SAT) (Entered: 05/31/2007)	PACER
55	June 11, 2007	RESPONSE to Motion re 50 MOTION for Response to Plaintiff's Motion to Allow U.S. District Court Judge to Rule on This Case and Not A Jury Trial filed by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 06/11/2007)	PACER
56	June 12, 2007	MOTION for Appointment of Counsel for Plaintiff by Charles Edward Byrd. (SAT) (Entered: 06/13/2007)	PACER
57	June 13, 2007	ORDER − IT IS ORDERED that Plaintiff's 51 Motion for Appointment of Counsel is granted. Louis Daniel Lopez, Jr and Stephen P Brower of Fennemore Craig PC are appointed as counsel for Plaintiff. IT IS FURTHER ORDERED that the Clerk serve a copy of this order upon Mr. Lopez and Mr. Brower in addition to the Plaintiff and Defendants' counsel. Signed by Judge Neil V Wake on 6/13/07.(SAT) (Entered: 06/13/2007)	PACER
58	June 14, 2007	ORDER − IT IS ORDERED that Plaintiff's second 56 Motion for Appointment of Counsel is denied as moot, the court having granted Plaintiff's first Motion for Appointment of Counsel (doc. # 51) and having appointed counsel for Plaintiff this date (doc. # 57). Signed by Judge Neil V Wake on 6/13/07.(SAT) (Entered: 06/14/2007)	PACER
59	June 14, 2007	MOTION for Reconsideration re Motion for Summary Judgment by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 06/14/2007)	PACER
60	June 14, 2007	Notice re Addendum to Statement of Facts in Support of Motion For Summary Judgment and Motion For Reconsideration by Joseph M. Arpaio, O'Connell, Peterson re 40 Statement Exhibits G and H (Attachments: # 1 # 2)(Brandon, Maria) (Entered: 06/14/2007)	PACER
63	June 18, 2007	MOTION in Limine re: to exclude plaintiff's prior felony convictions by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)	PACER
64	June 18, 2007	MOTION to Order Arizona Department of Corrections to Transport Plaintiff to all Pending Court Dates by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)	PACER
62	June 19, 2007	MOTION to Dismiss Case by Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit 1 − 1A# 2 Exhibit 1B − 5)(Brandon, Maria) (Entered: 06/19/2007)	Clearinghouse
65	June 20, 2007	ORDER denying 62 Motion to Dismiss Case. Signed by Judge Neil V Wake on 6/20/07.(SJF) (Entered: 06/20/2007)	Clearinghouse
67	June 20, 2007	MOTION for Reconsideration re order 52 of dismissal of count 2 of complaint by Charles Edward Byrd. (DMT, ) (Entered: 06/21/2007)	PACER
66	June 21, 2007	Notice re Defendants' Supplemental Disclosure by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 06/21/2007)	PACER
68	June 21, 2007	ORDER denying 63 Motion in Limine; denying 64 Motion to Order the Arizona Department of Corrections to Transport Plaintiff; denying 67 Motion for Reconsideration as improperly filed pro se. Plaintiff was appointed counsel on 6/13/07 [doc. 57]. Signed by Judge Neil V Wake on 6/21/07.(SJF) (Entered: 06/21/2007)	PACER
69	June 22, 2007	SUPPLEMENT of Sgt. Fisher's Affidavit in Support of Defendants' Motion to Dismiss filed June 19, 2007 by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit Index for Addendum to Sgt. Fisher's Affidavit in Support of Defendants' Motion to Dismiss)(Brandon, Maria) (Entered: 06/22/2007)	PACER
70	July 6, 2007	Proposed Voir Dire by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)	PACER
71	July 6, 2007	Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Proposed Jury Instructions with Objections)(Brandon, Maria) (Entered: 07/06/2007)	PACER
72	July 6, 2007	Proposed Verdict Form by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)	PACER
73	July 6, 2007	Notice of Filing Proposed Pretrial Order filed by Charles Edward Byrd (Attachments: # 1 Proposed Final Pretrial Order for Jury Trial)(Lopez, Louis) (Entered: 07/06/2007)	PACER
74	July 6, 2007	Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)	PACER
75	July 6, 2007	Proposed Jury Instructions by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)	PACER
76	July 6, 2007	OBJECTION re 75 Proposed Jury Instructions filed by Plaintiff by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)	PACER
77	July 6, 2007	Proposed Voir Dire by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)	PACER
78	July 6, 2007	OBJECTION re 75 Proposed Jury Instructions by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)	PACER
79	July 6, 2007	Notice re Stipulated to Verdict Forms by Charles Edward Byrd, Joseph M. Arpaio, O'Connell, Peterson (Lopez, Louis) (Entered: 07/06/2007)	PACER
80	July 6, 2007	MOTION for To Provide for Transportation and the Wearing of Civilian Clothes to Trial by Charles Edward Byrd. (Attachments: # 1 Text of Proposed Order)(Lopez, Louis) (Entered: 07/06/2007)	PACER
82	July 27, 2007	Minute Entry. Proceedings held before Judge Neil V Wake: Pretrial Conference held on 7/27/2007. Numerous pretrial issues discussed and resolved (see text of minute entry). Counsel are directed to revise the pretrial order for submission to the Court. Counsel are directed to confer and attempt to submit a revised agreed−upon joint statement of the case by August 3, 2007. (Court Reporter Laurie Adams.)(SJF) (Entered: 07/27/2007)	PACER
83	July 27, 2007	ORDER re 82 Minute Entry: ruling on oral motion for demonstration. Signed by Judge Neil V. Wake on 7/27/2007. (NVW, ) (Entered: 07/27/2007)	PACER
84	July 30, 2007	ORDER FOR WRIT TO ISSUE − IT IS ORDERED that the Clerk of this Court be and is hereby instructed to issue a Writ of Habeas Corpus to the Warden, Arizona State Prison Complex − Phoenix, Alhambra, or his authorized Deputy to bring Charles Edward Byrd, #103766, to the United States Courthouse at Phoenix, AZ, Courtroom 504, for jury trial on 8/14/07 at 8:30 a.m. Writ Issued. Signed by Judge Neil V Wake on 7/27/07. (SAT) (Entered: 07/30/2007)	PACER
85	Aug. 3, 2007	Notice of Filing Proposed Pretrial Order filed by Charles Edward Byrd (Attachments: # 1 Proposed Final Pretrial Order for Jury Trial)(Lopez, Louis) (Entered: 08/03/2007)	PACER
86	Aug. 6, 2007	FINAL PRETRIAL ORDER FOR JURY TRIAL − IT IS ORDERED this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. Signed by Judge Neil V Wake on 8/3/07. (SAT) (Entered: 08/06/2007)	PACER
87	Aug. 7, 2007	Notice re Pretrial Objection by Charles Edward Byrd to Use of Defendants' Mannequin (Attachments: # 1 Exhibit A)(Brower, Stephen) (Entered: 08/07/2007)	PACER
88	Aug. 9, 2007	OBJECTION Response to Pretrial Objection to Use of Defendants' Mannequin by Defendants Joseph M. Arpaio, O'Connell, Peterson filed by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/09/2007)	PACER
89	Aug. 13, 2007	Notice re Withdrawal of Dennis Dale Carpenter, Jr. by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 08/13/2007)	PACER
90	Aug. 13, 2007	SUPPLEMENT re 75 Proposed Jury Instructions by Plaintiff Charles Edward Byrd. (Lopez, Louis) (Entered: 08/13/2007)	PACER
91	Aug. 13, 2007	OBJECTION to PowerPoint by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/13/2007)	PACER
93	Aug. 14, 2007	Minute Entry. Proceedings held before Judge Neil V Wake: Jury Trial begun and held on 8/14/2007 (Day One). (Court Reporter Laurie Adams.)(SJF) (Entered: 08/15/2007)	PACER
92	Aug. 15, 2007	OBJECTION TO PLAINTIFF'S REQUESTED NEGATIVE INFERENCE by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/15/2007)	PACER
94	Aug. 15, 2007	Minute Entry. Proceedings held before Judge Neil V Wake : Jury Trial (day 2) held on 8/15/2007. (Court Reporter Laurie Adams.)(TLJ) (Entered: 08/17/2007)	PACER
103	Aug. 15, 2007	Notice (letter) to Judge Wake regarding jury instruction by attorney Louis Lopez for Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)	PACER
104	Aug. 15, 2007	Notice of requested negative inference by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)	PACER
95	Aug. 16, 2007	Minute Entry. Proceedings held before Judge Neil V Wake : Jury Trial completed on 8/16/2007. (Court Reporter Laurie Adams.)(TLJ) (Entered: 08/17/2007)	PACER
97	Aug. 16, 2007	Exhibit List by Charles Edward Byrd.(TLJ) (Entered: 08/17/2007)	PACER
98	Aug. 16, 2007	Witness List by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)	PACER
99	Aug. 16, 2007	Exhibit List by defendants. (TLJ) (Entered: 08/17/2007)	PACER
100	Aug. 16, 2007	Jury Questions During Trial.(TLJ) (Entered: 08/17/2007)	PACER
101	Aug. 16, 2007	Jury Instructions signed by Judge Neil V. Wake on 8/16/07. (TLJ) (Entered: 08/17/2007)	PACER
102	Aug. 16, 2007	JURY VERDICT. (TLJ) (Entered: 08/17/2007)	PACER
105	Aug. 17, 2007	CLERK'S JUDGMENT−IT IS ORDERED that the jury finds for Defendant on all counts. JUDGMENT is herebyentered in favor of Defendants and Plaintiff takes nothing. (TLJ) (Entered: 08/17/2007)	PACER

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Case Details

State / Territory:

Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Nov. 26, 2004

Closing Date: Jan. 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former pretrial detainee in the minimum-security jail in Maricopa County, Arizona.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Maricopa County

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of Arizona 2:04-cv-02701

U.S. Court of Appeals for the Ninth Circuit 07-16640

Available Documents:

Any published opinion

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $100

Issues

General/Misc.:

Assault/abuse by staff

Search policies

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff

Strip search policy (facilities)

Recommended Citation

Case Summary of Byrd v. Maricopa County Sheriff's Department, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11750/ (last updated 4/27/2024).