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

Clearinghouse coding complete

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…

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 officers nearby. He also alleged that the cadet had grabbed his groin, which constituted sexual harassment and abuse.

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)

show all people

Documents in the Clearinghouse

Document

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 2007

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 2008

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 2008

Docket

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

Last updated April 28, 2024, 1:08 p.m.

ECF Number Description Date Link Date / Link
1

PRISONER Civil Rights Complaint filed. (TLJ) (Entered: 11/30/2004)

Nov. 26, 2004

Nov. 26, 2004

2

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)

Nov. 26, 2004

Nov. 26, 2004

3

DEMAND for jury trial by pla Charles Edward Byrd (SRB) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

4

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)

Jan. 21, 2005

Jan. 21, 2005

5

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)

Jan. 31, 2005

Jan. 31, 2005

6

MOTION for legal supplies by pla Charles Edward Byrd [6−1] (SRB) (Entered: 02/11/2005)

Feb. 10, 2005

Feb. 10, 2005

7

MOTION to produce documents by pla Charles Edward Byrd [7−1] (SRB) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

8

MOTION for legal supplies by pla Charles Edward Byrd [8−1] (SRB) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

9

MOTION to amend exhibits by pla Charles Edward Byrd [9−1] (SRB) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

10

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)

May 3, 2005

May 3, 2005

11

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)

May 3, 2005

May 3, 2005

12

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)

May 20, 2005

May 20, 2005

13

FIRST AMENDED COMPLAINT by pla Charles Edward Byrd; jury demand [1−1]; adding Dfts Arpaio, Peterson (MAP) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

14

MOTION for appointment of counsel by pla Charles Edward Byrd [14−1] (MAP) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

15

CERTIFICATE of Mailing First Amended Complaint by pla (SAT) (Entered: 06/17/2005)

June 16, 2005

June 16, 2005

16

MOTION to allow Petitioner to make legal copies while on indigent status by Charles Edward Byrd. (TLJ, ) (Entered: 09/15/2005)

Sept. 14, 2005

Sept. 14, 2005

17

NOTICE of Change of Address by Charles Edward Byrd: 201 S. 4th Avenue, Phoenix, AZ 85003 (LSP) (Entered: 11/14/2005)

Nov. 9, 2005

Nov. 9, 2005

18

NOTICE of Change of Address to 201 S. 4th Ave., Phoenix, AZ. 85003 by Charles Edward Byrd (TLJ, ) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

19

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)

Feb. 1, 2006

Feb. 1, 2006

20

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)

Feb. 1, 2006

Feb. 1, 2006

21

WAIVER OF SERVICE Returned Executed O'Connell waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

Feb. 28, 2006

Feb. 28, 2006

22

WAIVER OF SERVICE Returned Executed Peterson waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

Feb. 28, 2006

Feb. 28, 2006

23

WAIVER OF SERVICE Returned Executed Joseph M Arpaio waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

Feb. 28, 2006

Feb. 28, 2006

24

NOTICE of Change of Address by Charles Edward Byrd (3250 W Lower Buckeye, LBJ−T3L−B19, Phoenix, AZ 85009) (SBU, ) (Entered: 03/06/2006)

March 2, 2006

March 2, 2006

25

NOTICE of Change of Address by Charles Edward Byrd #103766, ASPC Douglas, PO Box 5000, Douglas, AZ 85608. (KCS) (Entered: 03/31/2006)

March 28, 2006

March 28, 2006

26

MOTION for Status of Case by Charles Edward Byrd. (DNH, ) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

27

MOTION for Default Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

28

ANSWER to Amended Complaint by Joseph M Arpaio, O'Connell, Peterson.(Brandon, Maria) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

29

MOTION for Summary Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/24/2006)

April 21, 2006

April 21, 2006

Clearinghouse
30

RESPONSE to Motion re 27 MOTION for of Default Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit A)(Brandon, Maria)

April 27, 2006

April 27, 2006

32

RESPONSE to Motion re 29 MOTION for Summary Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

33

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)

May 8, 2006

May 8, 2006

34

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)

May 8, 2006

May 8, 2006

35

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)

May 22, 2006

May 22, 2006

Clearinghouse
37

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)

May 22, 2006

May 22, 2006

RECAP
36

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)

May 22, 2006

May 22, 2006

38

Filing fee received: $ 7.13, receipt number PHX051512. Paid in full. (SAT) (Entered: 12/05/2006)

Dec. 1, 2006

Dec. 1, 2006

39

MOTION for Summary Judgment by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

Clearinghouse
40

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)

Jan. 18, 2007

Jan. 18, 2007

41

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)

Jan. 23, 2007

Jan. 23, 2007

42

MOTION to Submit Exhibits A − M−6 by Charles Edward Byrd. (Attachments: # 1)(SAT) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

43

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)

Feb. 6, 2007

Feb. 6, 2007

Clearinghouse
44

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)

Feb. 20, 2007

Feb. 20, 2007

45

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)

Feb. 22, 2007

Feb. 22, 2007

46

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)

Feb. 22, 2007

Feb. 22, 2007

48

NOTICE of Change of Address by Charles Edward Byrd. NEW ADDRESS: ASPC−Alhambra, PO BOX 52109, Phoenix, AZ 85072 (SAT) (Entered: 03/30/2007)

March 29, 2007

March 29, 2007

49

MOTION for Proposed Pretrial Order by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)

May 24, 2007

May 24, 2007

50

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)

May 24, 2007

May 24, 2007

51

MOTION to Appoint Counsel by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)

May 24, 2007

May 24, 2007

52

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)

May 30, 2007

May 30, 2007

Clearinghouse
53

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)

May 30, 2007

May 30, 2007

54

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)

May 31, 2007

May 31, 2007

55

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)

June 11, 2007

June 11, 2007

56

MOTION for Appointment of Counsel for Plaintiff by Charles Edward Byrd. (SAT) (Entered: 06/13/2007)

June 12, 2007

June 12, 2007

57

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)

June 13, 2007

June 13, 2007

58

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)

June 14, 2007

June 14, 2007

59

MOTION for Reconsideration re Motion for Summary Judgment by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

60

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)

June 14, 2007

June 14, 2007

63

MOTION in Limine re: to exclude plaintiff's prior felony convictions by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

64

MOTION to Order Arizona Department of Corrections to Transport Plaintiff to all Pending Court Dates by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

62

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)

June 19, 2007

June 19, 2007

Clearinghouse
65

ORDER denying 62 Motion to Dismiss Case. Signed by Judge Neil V Wake on 6/20/07.(SJF) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

Clearinghouse
67

MOTION for Reconsideration re order 52 of dismissal of count 2 of complaint by Charles Edward Byrd. (DMT, ) (Entered: 06/21/2007)

June 20, 2007

June 20, 2007

66

Notice re Defendants' Supplemental Disclosure by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

68

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)

June 21, 2007

June 21, 2007

69

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)

June 22, 2007

June 22, 2007

70

Proposed Voir Dire by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

71

Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Proposed Jury Instructions with Objections)(Brandon, Maria) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

72

Proposed Verdict Form by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

73

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)

July 6, 2007

July 6, 2007

74

Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

75

Proposed Jury Instructions by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

76

OBJECTION re 75 Proposed Jury Instructions filed by Plaintiff by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

77

Proposed Voir Dire by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

78

OBJECTION re 75 Proposed Jury Instructions by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

79

Notice re Stipulated to Verdict Forms by Charles Edward Byrd, Joseph M. Arpaio, O'Connell, Peterson (Lopez, Louis) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

80

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)

July 6, 2007

July 6, 2007

82

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)

July 27, 2007

July 27, 2007

83

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)

July 27, 2007

July 27, 2007

84

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)

July 30, 2007

July 30, 2007

85

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)

Aug. 3, 2007

Aug. 3, 2007

86

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)

Aug. 6, 2007

Aug. 6, 2007

87

Notice re Pretrial Objection by Charles Edward Byrd to Use of Defendants' Mannequin (Attachments: # 1 Exhibit A)(Brower, Stephen) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

88

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)

Aug. 9, 2007

Aug. 9, 2007

89

Notice re Withdrawal of Dennis Dale Carpenter, Jr. by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

90

SUPPLEMENT re 75 Proposed Jury Instructions by Plaintiff Charles Edward Byrd. (Lopez, Louis) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

91

OBJECTION to PowerPoint by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

93

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)

Aug. 14, 2007

Aug. 14, 2007

92

OBJECTION TO PLAINTIFF'S REQUESTED NEGATIVE INFERENCE by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

94

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)

Aug. 15, 2007

Aug. 15, 2007

103

Notice (letter) to Judge Wake regarding jury instruction by attorney Louis Lopez for Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Aug. 15, 2007

Aug. 15, 2007

104

Notice of requested negative inference by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Aug. 15, 2007

Aug. 15, 2007

95

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)

Aug. 16, 2007

Aug. 16, 2007

97

Exhibit List by Charles Edward Byrd.(TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

98

Witness List by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

99

Exhibit List by defendants. (TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

100

Jury Questions During Trial.(TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

101

Jury Instructions signed by Judge Neil V. Wake on 8/16/07. (TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

102

JURY VERDICT. (TLJ) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

105

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)

Aug. 17, 2007

Aug. 17, 2007

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

Maricopa County (Maricopa), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $100

Issues

General/Misc.:

Assault/abuse by staff

Search policies

Strip search policy

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff