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

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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 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.

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Summary Authors

MJ Koo (3/12/2017)

Amador v. Baca, Central District of California (2010)

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)

Attorney for Plaintiff

Calabro, Michael V. (New Jersey)

Lask, Susan Chana (New York)

Poplar, Carl D. (New Jersey)

Riback, William A. (New Jersey)

Attorney for Defendant

Didonato, J. Brooks (New Jersey)

Ruddy, Alan R. (New Jersey)

Attorney Contact Information via CourtListener

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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 595 F.Supp.2d 492
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 657 F.Supp.2d 504
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 621 F.3d 296
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 566 U.S. 318
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

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Resources

Title	Description		External URL Date / External URL
Florence v. Burlington ACLU of New Jersey	On January 19, 2010, the ACLU-NJ and ACLU-National Prison Project filed a friend-of-the-court brief on behalf of five former New Jersey Attorneys General, opposing the blanket strip search policies o…	June 27, 2011	June 27, 2011 https://web.archive.org/...
FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON The Oyez Project	The Oyez Project at Chicago-Kent is a multimedia archive devoted to the Supreme Court of the United States and its work. It aims to be a complete and authoritative source for all audio recorded in th…	Jan. 1, 2012	Jan. 1, 2012 http://www.oyez.org/...

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Docket

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

Last updated March 25, 2024, 3:04 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

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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

Facility Type(s):

Government-run

Case Details