Case: Florence v. County of Burlington

1:05-cv-03619 | U.S. District Court for the District of New Jersey

Filed Date: July 19, 2005

Closed Date: Oct. 21, 2013

Clearinghouse coding complete

Case Summary

The plaintiff in this case was arrested erroneously on a warrant for failure to pay for a traffic violation; in fact, he had already paid. He was then booked into jail, and strip searched. He brought suit in the United States District Court for the District of New Jersey, seeking relief under 42 U.S.C. § 1983 for violations of his Fourth Amendment right to be free of unreasonable searches. He maintained that persons arrested for a minor offense could not be required to remove their clothing and…

The plaintiff in this case was arrested erroneously on a warrant for failure to pay for a traffic violation; in fact, he had already paid. He was then booked into jail, and strip searched. He brought suit in the United States District Court for the District of New Jersey, seeking relief under 42 U.S.C. § 1983 for violations of his Fourth Amendment right to be free of unreasonable searches. He maintained that persons arrested for a minor offense could not be required to remove their clothing and expose their genitals to close visual inspection as a routine part of the intake process. Rather, he contended—as had been held by most of the federal courts of appeals—officials could conduct this kind of search only if they had reason to suspect a particular jail prisoner of concealing a weapon, drugs, or other contraband.

The district court certified a class of individuals who were charged with a nonindictable offense under New Jersey law, processed at either the Burlington County or Essex County jail, and directed to strip naked even though an officer had not articulated any reasonable suspicion they were concealing contraband. After discovery, in February 2009, the court granted petitioner's motion for summary judgment on the unlawful search claim. It concluded that any policy of strip searching nonindictable offenders without reasonable suspicion violated the Fourth Amendment. 595 F. Supp. 2d 492 (D.N.J. 2009) (Rodriguez, J.). The district court certified the issue to the 3d Circuit for immediate review. 657 F. Supp. 2d 504 (D.N.J. 2009).

A divided panel of the United States Court of Appeals for the Third Circuit reversed, in an opinion by Circuit Judge Thomas Hardiman. The Third Circuit held that the procedures described by the district court struck a reasonable balance between inmate privacy and the security needs of the two jails. 621 F.3d 296 (2010).

The federal courts of appeals had split on the question whether the Fourth Amendment allowed what are usually referred to as "blanket" strip search policies, in which no individualized suspicion need exist to justify a strip search of an arrestee. In a 5–4 opinion, with the majority by Justice Anthony Kennedy, the Supreme Court took the position that—at least if a prisoner was about to be housed in a jail's general population—no such individualized suspicion is required, no matter how minor the arrest offense. Accordingly, on April 2, 2012, the Supreme Court affirmed the Third Circuit opinion.

Judge Rodriguez had stayed further activity in the case pending first the appeal and then Supreme Court review, and on May 24, 2012 the case was restored to the active docket. On June 21, 2012 the defendants moved for summary judgment. After 8 months of meetings and extension requests, the court "on its own accord" noted that the parties had ongoing settlement discussions with the Magistrate Judge Joel Schneider.

On February 21, 2013, the court terminated the pending motion for summary judgment in light of the settlement discussion with Magistrate Judge Joel Schneider. On March 28, 2013, the court dismissed the case as settled but a dispute between the plaintiff and plaintiff’s counsel regarding the disposition of the $60,000 that the defendant agreed to pay stalled the case.

On July 22, 2013, the plaintiff filed a brief opposing a discovery motion post-termination, alleging that the retainer agreement was unenforceable and that there was a fee dispute. On the next day, the court ordered the parties to have a conference call to resolve the current fee dispute without the court's intervention. On October 21, 2013, the court denied the motion for settlement that was filed earlier by the defendants because of ongoing dispute amongst plaintiff and his counsel about how to distribute the settlement proceeds. The court determined that the issue would be addressed and decided in connection with a pending New Jersey fee arbitration.

As of March 2017, there have been no further updates to this case. There is no reason to believe the case is ongoing.

Summary Authors

MJ Koo (3/12/2017)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4308863/parties/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/


Judge(s)

Hardiman, Michael H. (Pennsylvania)

Kennedy, Anthony McLeod (District of Columbia)

Kugler, Robert B. (New Jersey)

Attorney for Plaintiff

Calabro, Michael V. (New Jersey)

Attorney for Defendant

Didonato, J. Brooks (New Jersey)

Judge(s)

Hardiman, Michael H. (Pennsylvania)

Kennedy, Anthony McLeod (District of Columbia)

Kugler, Robert B. (New Jersey)

Pollak, Louis Heilprin (Pennsylvania)

Rodriguez, Joseph H. (New Jersey)

Schneider, Joel (New Jersey)

Sloviter, Dolores Korman (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

1:05-cv-03619

Docket [PACER]

Florence v. Board of Chosen Freeholders of the County of Burlington

Oct. 21, 2013

Oct. 21, 2013

Docket
24

1:05-cv-03619

FIRST AMENDED CIVIL COMPLAINT ADDING CLASS-ACTION CLAIM TO COUNT THREE HEREIN

Florence v. Board of Chosen Freeholders of the County of Burlington

June 30, 2006

June 30, 2006

Complaint
161

1:05-cv-03619

Opinion

Florence v. Board of Chosen Freeholders of the County of Burlington

Feb. 4, 2009

Feb. 4, 2009

Order/Opinion
188

1:05-cv-03619

Memorandum Opinion and Order (certifying to Third Circuit)

Florence v. Board of Chosen Freeholders of the County of Burlington

June 30, 2009

June 30, 2009

Order/Opinion

09-03603

09-03661

Opinion (3rd Cir.)

Florence v. Board of Chosen Freeholders of the County of Burlington

U. S. Court of Appeals for the Third Circuit

Sept. 21, 2010

Sept. 21, 2010

Order/Opinion

10-00945

Opinion (SCOTUS)

Florence v. Board of Chosen Freeholders of Burlington

Supreme Court of the United States

April 2, 2012

April 2, 2012

Order/Opinion
236

1:05-cv-03619

Order

Florence v. Board of Chosen Freeholders of the County of Burlington

Feb. 21, 2013

Feb. 21, 2013

Order/Opinion
266

1:05-cv-03619

Reply Brief Supporting Opposition to Discovery Motion Post Termination

Florence v. Board of Chosen Freeholders of the County of Burlington

July 22, 2013

July 22, 2013

Pleading / Motion / Brief
303

1:05-cv-03619

Order

Florence v. Board of Chosen Freeholders of the County of Burlington

Oct. 21, 2013

Oct. 21, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4308863/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/

Last updated Jan. 18, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JOHN DOES 1-3, JOHN DOES 4-5, BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, BURLINGTON COUNTY JAIL, JUEL COLE, ESSEX COUNTY CORRECTIONAL FACILITY, ESSEX COUNTY SHERIFF'S DEPARTMENT, STATE TROOPER JOHN DOE ( Filing fee $ 250 receipt number 333503.), filed by ALBERT W. FLORENCE.(TH, ) (Entered: 07/25/2005)

July 19, 2005

July 19, 2005

RECAP
2

MOTION for SUSAN CHANA LASK to Appear Pro Hac Vice by ALBERT W. FLORENCE. (Attachments: # 1 Certification # 2 Text of Proposed Order)(TH, ) (Entered: 07/25/2005)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

July 19, 2005

July 19, 2005

PACER
3

ORDER granting 2 Motion for Susan Chana Lask, Esq. Leave to Appear Pro Hac Vice. Signed by Judge Joel B. Rosen on 8/17/05. (sb) (Entered: 09/06/2005)

Aug. 17, 2005

Aug. 17, 2005

PACER
4

ANSWER to Complaint with jury demand by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, BURLINGTON COUNTY JAIL, JUEL COLE.(DIDONATO, J.) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
5

ORDER Setting Initial Scheduling Conference for 10/26/2005 at 3:00 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 9/13/05. (ar1, ) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
6

ANSWER to Complaint with Jury Demand by ESSEX COUNTY CORRECTIONAL FACILITY.(RUDDY, ALAN) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
7

SCHEDULING ORDER:In Person Status Conference set for 3/28/2006 at 10:30 AM before Magistrate Judge Joel B. Rosen. Discovery due by 4/1/2006. Signed by Judge Joel B. Rosen on 10/26/05. (ar1, ) (Entered: 10/27/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
8

First MOTION to Amend/Correct Complaint by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
9

First MOTION to Amend/Correct 8 First MOTION to Amend/Correct Complaint Exhibits A-D To Counsel's Certification by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
10

First MOTION to Amend/Correct 8 First MOTION to Amend/Correct Complaint Brief in Support of Motion by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
11

ORDER granting 8 Motion to Amend Complaint. Signed by Judge Joel B. Rosen on 2/23/06. (ar1, ) (Entered: 02/24/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
12

ORDER vacating 11 Order on Motion to Amend Complaint and the 8 motion to amend shall be reinstated. Counsel shall appear for oral argument on 3/17/06 at 10:00a.m. Signed by Judge Joel B. Rosen on 3/1/06. (ar1, ) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

PACER
13

BRIEF in Opposition re 8 First MOTION to Amend/Correct Complaint filed by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

RECAP
14

AFFIDAVIT in Opposition re 8 First MOTION to Amend/Correct Complaint filed by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
15

Certification on behalf of ESSEX COUNTY CORRECTIONAL FACILITY Re Docket Annotation,. (RUDDY, ALAN) Additional attachment(s) added on 5/24/2006 (ar1, ). (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

PACER
16

Letter from Alan Ruddy, Esq.. (RUDDY, ALAN) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

RECAP
17

RE-SCHEDULING ORDER:Telephone Status Conference set for 6/13/2006 02:30 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 4/25/06. (sb) (Entered: 04/26/2006)

April 25, 2006

April 25, 2006

PACER
18

Letter from Plaintiff's Counsel Lask to Court. (CALABRO, MICHAEL) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

PACER
19

REPLY to Response to Motion re 8 First MOTION to Amend/Correct Complaint filed by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
20

BRIEF in Opposition re 8 First MOTION to Amend/Correct Complaint filed by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, JUEL COLE. (Attachments: # 1)(DIDONATO, J.) Additional attachment(s) added on 6/7/2006 (ar1, ). (Entered: 06/06/2006)

2 Signature page for brief

View on PACER

June 6, 2006

June 6, 2006

PACER
21

AMENDED SCHEDULING ORDER:In Person Status Conference set for 11/30/2006 at 3:00 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 6/13/06. (ar1, ) (Entered: 06/14/2006)

June 13, 2006

June 13, 2006

PACER
22

ORDER granting 8 Motion to Amend Complaint. Signed by Judge Joel B. Rosen on 6/14/06. (ar1, ) (Entered: 06/16/2006)

June 14, 2006

June 14, 2006

PACER
23

Minute Entry for proceedings held before Judge Joel B. Rosen : Motion Hearing held on 6/13/2006; Re: 8 First MOTION to Amend Complaint. Ordered motion granted. Order entered. (Court Reporter Frank Gable.) (ar1, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
24

AMENDED COMPLAINT against all defendants all defendants., filed by ALBERT W. FLORENCE.(CALABRO, MICHAEL) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

PACER
25

Proposed Pretrial Order Scheduling Order and Discovery Plan by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON. (Attachments: # 1 Text of Proposed Order Scheduling Order and Discovery Plan# 2)(DIDONATO, J.) (Entered: 07/05/2006)

1 Text of Proposed Order Scheduling Order and Discovery Plan

View on PACER

July 5, 2006

July 5, 2006

PACER
26

ANSWER to Amended Complaint by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, BURLINGTON COUNTY JAIL, JUEL COLE.(DIDONATO, J.) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

PACER
27

Letter from Def. Burlington County. (Attachments: # 1 Proposed Scheduling Order)(DIDONATO, J.) (Entered: 07/11/2006)

1 Proposed Scheduling Order

View on PACER

2 SIGNATURE PAGE

View on PACER

July 11, 2006

July 11, 2006

PACER
28

AMENDED ANSWER to complaint and jury demand Alan Ruddy by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

PACER
29

AMENDED SCHEDULING ORDER: Status Conference set for 8/7/2006 at 3:30 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 7/17/06. (js) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
30

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (CALABRO, MICHAEL) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
31

First MOTION for Leave to Appear Pro Hac Vice of Howard Friedman, Esq. by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

PACER
32

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 8/7/2006. Discovery Schedule set on the record. Order to be submitted. (Tape #Disc #13.) (sb) (Entered: 08/08/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
33

AMENDED SCHEDULING ORDER: Settlement Conference set for 1/4/2007 02:00 PM before Magistrate Judge Joel B. Rosen.. Signed by Judge Joel B. Rosen on 8/7/06. (gn, ) (Entered: 08/09/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
35

SCHEDULING ORDER AND DISCOVERY PLAN. Signed by Judge Joel B. Rosen on 08/11/06. (db, ) (Entered: 08/15/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
34

ORDER granting 31 Motion for Howard Friedman Leave to Appear Pro Hac Vice . Signed by Judge Joel B. Rosen on 08/14/06. (db, ) (Entered: 08/15/2006)

Aug. 14, 2006

Aug. 14, 2006

PACER
36

TRANSCRIPT of Proceedings held on 08/07/06 before Judge Rosen. Court Reporter: J&J Court Transcribers Inc.. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (db, ) (Entered: 10/12/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
37

Letter from Plaintiff Requesting Discovery Conference Waived. (CALABRO, MICHAEL) (Entered: 10/29/2006)

Oct. 29, 2006

Oct. 29, 2006

PACER
38

ORDER that plaintiff is granted leave to file a formal discovery motion, re 37 Letter. Signed by Judge Joel Schneider on 11/03/06. (db, ) (Entered: 11/06/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
39

First MOTION for Discovery & Sanctions Against Defendant Essex by ALBERT W. FLORENCE. (CALABRO, MICHAEL) Additional attachment(signature page) added on 11/28/2006 (db, ). (Entered: 11/20/2006)

1 Signature page of certification

View on PACER

Nov. 20, 2006

Nov. 20, 2006

PACER
40

CERTIFICATION in Opposition re 39 First MOTION for Discovery & Sanctions Against Defendant Essex Certification and Letter Brief filed by ESSEX COUNTY CORRECTIONAL FACILITY. (Attachments: # 1 # 2 # 3 # 4)(RUDDY, ALAN) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
41

CERTIFICATION in Opposition re 39 First MOTION for Discovery & Sanctions Against Defendant Essex responseletterinsupportofcertificationandletterbriefinresponsetoplaintiff' s motion filed by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
46

TRANSCRIPT of Proceedings held on 06/13/06 before Judge Rosen. Court Reporter: Frank Gable. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (db, ) (Entered: 12/15/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
42

REPLY to Response to Motion re 39 First MOTION for Discovery & Sanctions Against Defendant Essex filed by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
43

Letter from Alan Ruddy. (RUDDY, ALAN) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
44

Letter from Plaintiff Responding to Essex' Counsel Discovery Letter. (CALABRO, MICHAEL) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
45

AMENDED DOCUMENT by ALBERT W. FLORENCE. Signature Page to Plaintiff's Reply. (CALABRO, MICHAEL) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
47

AMENDED SCHEDULING ORDER: Status Conference set for 2/1/2007 at 11:00 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 01/09/07. (db, ) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
48

Letter from Plaintiff re Order. (CALABRO, MICHAEL) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
49

Letter from Alan Ruddy. (RUDDY, ALAN) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
50

Letter from Magistrate Judge Joel Schneider re 48 Letter. (db, ) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
51

ORDER denying 39 Motion for Discovery . Signed by Judge Joel Schneider on 01/18/07. (db, ) (Entered: 01/19/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
52

Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 2/1/2007. (Tape #15.) (db, ) (Entered: 02/02/2007)

Feb. 1, 2007

Feb. 1, 2007

PACER
53

AMENDED SCHEDULING ORDER: Status Conference set for 4/5/2007 at 12:00 PM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 02/05/07. (db, ) (Entered: 02/06/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
54

Letter from Plaintiff to Court re Depo Schedules. (CALABRO, MICHAEL) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
55

Letter from Plaintiff Regarding Discovery Required. (CALABRO, MICHAEL) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

PACER
56

Letter from Alan Ruddy, Esq.. (RUDDY, ALAN) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
57

Letter from Magistrate Judge Schneider. (db, ) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
58

Letter from Plaintiff Informing Court of Mr. Ruddy's False Representations. (CALABRO, MICHAEL) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
59

AMENDED SCHEDULING ORDER: Telephone Status Conference set for 4/19/2007 04:00 PM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 4/5/07. (lc, ) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

PACER
60

Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 4/5/2007. (Disc #17.) (db, ) (Entered: 04/10/2007)

April 5, 2007

April 5, 2007

PACER
61

Letter from Plaintiff Briefing Disclosure Issues Per Court's Request. (CALABRO, MICHAEL) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
62

Letter from Alan Ruddy. (Attachments: # 1)(RUDDY, ALAN) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
63

AMENDED SCHEDULING ORDER. Signed by Judge Joel Schneider on 04/20/07. (db, ) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
64

BRIEF pursuant to Local Rules filed by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
65

Letter from Plaintiff For Reply by 4-30-07. (CALABRO, MICHAEL) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
66

Letter from Plaintiff Replying to Essex Letter Oppo Brief. (CALABRO, MICHAEL) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
67

Letter from Defendant. (DIDONATO, J.) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
68

Letter from Alan Ruddy. (Attachments: # 1)(RUDDY, ALAN) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
69

Letter from Plaintiff Explaining Dermody EMail. (CALABRO, MICHAEL) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
70

ORDER setting certain deadlines and scheduling a Telephone Status Conference for 6/21/2007 12:30 PM before Magistrate Judge Joel Schneider.Signed by Judge Joel Schneider on 5/4/07. (sb) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
71

Letter from Plaintiff re Essex Disks. (CALABRO, MICHAEL) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER
72

AMENDED SCHEDULING ORDER: Status Conference set for 10/4/2007 11:30 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 7/18/07. (sb) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

PACER
73

MOTION to Certify Class by ALBERT W. FLORENCE.Responses due by 9/12/2007 (CALABRO, MICHAEL) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
74

MOTION to Certify Class Brief Supporting by ALBERT W. FLORENCE.Responses due by 9/12/2007 (CALABRO, MICHAEL) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
75

Certification on behalf of ALBERT W. FLORENCE Re 74 Motion to Certify Class, 73 Motion to Certify Class. (CALABRO, MICHAEL) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
76

Exhibits A thru E to ALBERT W. FLORENCE Re 74 Motion to Certify Class . (CALABRO, MICHAEL) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

RECAP
77

MOTION to Certify Class by ALBERT W. FLORENCE.Responses due by 8/27/2007 (Attachments: # 1 Exhibit Brief Exhibits F-N# 2 Exhibit Brief Exhibits O-T# 3 Certification Exhibits to Plaintiffs Brief at P.17)(CALABRO, MICHAEL) . (Entered: 08/02/2007)

1 Exhibit Brief Exhibits F-N

View on PACER

2 Exhibit Brief Exhibits O-T

View on PACER

3 Certification Exhibits to Plaintiffs Brief at P.17

View on PACER

Aug. 2, 2007

Aug. 2, 2007

PACER
78

Letter from Judge Schneider addressed to Mr. Ruddy. (sb) (Entered: 08/30/2007)

Aug. 29, 2007

Aug. 29, 2007

PACER
79

Letter from Plaintiff Regarding Defendants' Disobey Court Order. (CALABRO, MICHAEL) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

RECAP
80

APPENDIX in Opposition re 73 MOTION to Certify Class in Letter form filed by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON. (Attachments: # 1 Exhibit Exhibit A to Opposition# 2 Exhibit Exhibit B to Opposition)(DIDONATO, J.) (Entered: 09/05/2007)

1 Exhibit Exhibit A to Opposition

View on PACER

2 Exhibit Exhibit B to Opposition

View on PACER

Sept. 5, 2007

Sept. 5, 2007

PACER
81

Letter from Plaintiff Informing Court of 8-2-07 Order. (CALABRO, MICHAEL) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
82

APPENDIX in Opposition re 73 MOTION to Certify Class via letter and email attachment filed by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON. (Attachments: # 1 Statement in e-mail form)(DIDONATO, J.) (Entered: 09/10/2007)

1 Statement in e-mail form

View on PACER

Sept. 10, 2007

Sept. 10, 2007

PACER
83

Letter from Plaintiff Attaching Doc Defendant Burl Failed to Inform Court. (CALABRO, MICHAEL) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
84

BRIEF in Opposition re 73 MOTION to Certify Class filed by ESSEX COUNTY CORRECTIONAL FACILITY. (Attachments: # 1 # 2)(RUDDY, ALAN) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
85

BRIEF in Opposition re 73 MOTION to Certify Class filed by BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, BURLINGTON COUNTY JAIL, JUEL COLE. (Attachments: # 1 # 2)(DIDONATO, J.) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
86

REPLY to Response to Motion re 73 MOTION to Certify Class With Certifications & Brief filed by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

PACER
87

Exhibit to BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON, JUEL COLE Re 85 Brief in Opposition to Motion. (DIDONATO, J.) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
88

Letter from Judge Schneider addressed to Ms. Savage. (sb) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
89

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 12/17/2007 10:00 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 12/4/07. (sb) (Entered: 12/05/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
90

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 1/3/2008 02:30 PM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 12/17/07. (sb) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
91

Letter from Karen Savage. (DIDONATO, J.) (Entered: 12/18/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
92

Letter from Judge Rodriguez scheduling oral argument for February 27, 2008 at 11:30am. (sb) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

PACER
93

Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Motion Hearing held on 2/27/2008 re 73 MOTION to Certify Class filed by ALBERT W. FLORENCE. Decision Reserved. (Court Reporter ChucK McGuire.) (db, ) (Entered: 02/28/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER
94

OPINION AND ORDER granting 73 Motion to Certify Class. Signed by Judge Joseph H. Rodriguez on 3/20/08. (sb) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

RECAP
95

LETTER ORDER scheduling a Status Conference for 5/9/2008 10:30 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 3/26/08. (sb) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

PACER
96

MOTION for Reconsideration by ESSEX COUNTY SHERIFF'S DEPARTMENT. (Attachments: # 1 Certification of counsel, # 2 Brief, # 3 Text of Proposed Order Order in support of Motion to Reconsidera, # 4 Exhibit A - Florence Motion to Reconsider, # 5 Exhibit B-in support of Motion for Reconsideration, # 6 Exhibit C in support of Motion to Reconsider)(RUDDY, ALAN) (Entered: 04/01/2008)

1 Certification of counsel

View on PACER

2 Brief

View on PACER

3 Text of Proposed Order Order in support of Motion to Reconsidera

View on PACER

4 Exhibit A - Florence Motion to Reconsider

View on PACER

5 Exhibit B-in support of Motion for Reconsideration

View on PACER

6 Exhibit C in support of Motion to Reconsider

View on PACER

April 1, 2008

April 1, 2008

PACER
97

AFFIDAVIT in Opposition re 96 MOTION for Reconsideration & Brief filed by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

PACER
98

Letter from Ferdinando M. Pugliese, Esq. for Alan Ruddy, Esq.. (PUGLIESE, FERDINANDO) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

PACER
99

RESPONSE in Opposition re 96 MOTION for Reconsideration filed by ALBERT W. FLORENCE. (CALABRO, MICHAEL) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
100

BRIEF in reply to plaintiff's reply brief concerning defendants Motion of Reconsideration filed by ESSEX COUNTY CORRECTIONAL FACILITY. (RUDDY, ALAN) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 19, 2005

Closing Date: Oct. 21, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

From two years before this action until its termination date, all committed to Burlington or Essex county jails on charges not involving drugs, weapons or felony violence subjected to strip search without individualized finding of reasonable suspicion.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Burlington, New Jersey, County

Essex Couny (Essex), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run