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Case: Harman v. Ahern

3:14-cv-03051 | U.S. District Court for the Northern District of California

Filed Date: June 2, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 2, 2014, several women who claimed they were unjustifiably forced to take pregnancy tests after they were arrested filled this lawsuit in Superior Court in Alameda County. The plaintiffs sued the Alameda County Sheriff’s Department under 42 U.S.C § 1983 and state law. The plaintiffs, represented by both private counsel and the ACLU, asked the court for injunctive relief. Specifically, they asked the court to eradicate the requirement that all female arrestees take a pregnancy test regar…

On June 2, 2014, several women who claimed they were unjustifiably forced to take pregnancy tests after they were arrested filled this lawsuit in Superior Court in Alameda County. The plaintiffs sued the Alameda County Sheriff’s Department under 42 U.S.C § 1983 and state law. The plaintiffs, represented by both private counsel and the ACLU, asked the court for injunctive relief. Specifically, they asked the court to eradicate the requirement that all female arrestees take a pregnancy test regardless of consent, a declaration stating that the defendant’s actions were in violation of the Fourth Amendment, nominal damages and payment of attorneys’ fees.

The plaintiffs alleged that on separate occasions, they were arrested by the Alameda county police and taken to either the Glen E. Dyer Detention Facility of Santa Rita County Jail. Upon arrival at these facilities all three plaintiffs claimed that they were ordered to take a pregnancy test. However, the results of these pregnancy tests were not disclosed. One plaintiff was above the age requirement for pregnancy tests stated within the facilities' policies and procedures. The plaintiffs claimed that the pregnancy tests were emotionally degrading as well as an invasion of their privacy.

In July 2014, the defendants moved the case from state court to the U.S. District Court for the Northern District of California. On October 14, 2014, Magistrate Judge Maria-Elena James denied the plaintiffs' motion to remand the case back to state court. After several case management conferences, the plaintiffs requested to amend their complaint. On April 28, 2015, the plaintiffs filed their first amended complaint requesting nominal damages.

On May 8, 2015, during a settlement conference held in front of Magistrate Judge Kandis A. Westomore, the case was settled in principle and a partial settlement was put on record. By September 3, 2015 both parties submitted a joint status report explaining their near-final settlement agreement. The settlement was placed on hiatus until the defendant could provide the plaintiffs with a representative from the Alameda County Sheriff’s Office that had decision making authority to come discuss the concerns of the plaintiffs. The final settlement was reported in the second joint status report submitted on November 04, 2015. The Alameda County Sheriff’s office agreed to implement new and revised policies described in the revised inmate handbook, nominal damages, and attorneys fees. The plaintiffs agreed to dismiss the case.

On May 5, 2016, Magistrate Judge Maria-Elena James ordered voluntary dismissal and retained jurisdiction to enforce the terms of the settlement agreement. The agreement itself is not part of the docketed record, but the case is closed.

Summary Authors

Kimberly Goshey (9/29/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4180991/parties/harman-v-ahern/


Judge(s)

James, Maria-Elena (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

England, Christine Gealy (California)

Gill, Elizabeth O. (California)

Haskett, Christine Saunders (California)

Jacobs, Rebecca Ariel (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Grigg, Matthew M (California)

Rockwell, Gregory James (California)

Judge(s)

James, Maria-Elena (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

England, Christine Gealy (California)

Gill, Elizabeth O. (California)

Haskett, Christine Saunders (California)

Jacobs, Rebecca Ariel (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Grigg, Matthew M (California)

Rockwell, Gregory James (California)

Documents in the Clearinghouse

Document

3:14-cv-03051

Docket

May 5, 2016

May 5, 2016

Docket
1-1

3:14-cv-03051

Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief Under Cal. Const. Art. I §§ 1, 13, U.S. Const. Amd. 4, and 15 C.C.R §1214

Harmen v. Ahern

July 3, 2014

July 3, 2014

Complaint
26

3:14-cv-03051

Order Re: Motion for Leave to File Amended Complaint

April 24, 2015

April 24, 2015

Order/Opinion
30

3:14-cv-03051

First Amended Complaint

April 28, 2015

April 28, 2015

Complaint
43

3:14-cv-03051

Joint Status Report

Sept. 3, 2015

Sept. 3, 2015

Settlement Agreement
45

3:14-cv-03051

Joint Status Report

Nov. 4, 2015

Nov. 4, 2015

Settlement Agreement
49

3:14-cv-03051

Stipulation Order for Voluntary Dismissal

May 5, 2016

May 5, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4180991/harman-v-ahern/

Last updated Aug. 30, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG14727494. (Filing fee $400 receipt number 0971-8744713). Filed byGregory J. Ahern. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Rockwell, Gregory) (Filed on 7/3/2014) (Entered: 07/03/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Civil Cover Sheet

View on PACER

July 3, 2014

July 3, 2014

RECAP
2

Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kc, COURT STAFF) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
3

CERTIFICATE OF SERVICE by Gregory J. Ahern re 1 Notice of Removal, (Rockwell, Gregory) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER

Answer to Removed Complaint 1 byGregory J. Ahern. (hdjS, COURT STAFF) (Filed on 7/3/2014)

July 3, 2014

July 3, 2014

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/25/2014. Case Management Conference set for 10/2/2014 10:00 AM. (Attachments: # 1 Standing Order, # 2 Standing Order)(hdjS, COURT STAFF) (Filed on 7/7/2014) (Entered: 07/07/2014)

1 Standing Order

View on PACER

2 Standing Order

View on PACER

July 7, 2014

July 7, 2014

PACER
5

MOTION to Remand filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 8/28/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 8/7/2014. Replies due by 8/14/2014. (Attachments: # 1 Proposed Order)(England, Christine) (Filed on 7/24/2014) (Entered: 07/24/2014)

1 Proposed Order

View on PACER

July 24, 2014

July 24, 2014

PACER
6

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jane Doe, Susan Harman, Nancy Mancias.. (England, Christine) (Filed on 7/24/2014) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
7

CLERKS NOTICE DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION BY 8/7/2014. (cdnS, COURT STAFF) (Filed on 7/30/2014) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
8

NOTICE by Gregory J. Ahern of Association of Counsel (Law Offices of Nancy E. Hudgins) (Grigg, Matthew) (Filed on 8/5/2014) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern.. (Grigg, Matthew) (Filed on 8/6/2014) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
10

STIPULATION WITH PROPOSED ORDER RE CONTINUANCE OF HEARING DATES filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 8/6/2014) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
11

ORDER by Magistrate Judge Maria-Elena James granting 10 Stipulation regarding continuance of hearing dates. (rmm2S, COURT STAFF) (Filed on 8/7/2014) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER

Set/Reset Hearing re 11 Order on Stipulation Initial Case Management Conference set for 10/16/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco. Motion Hearing set for 9/25/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 8/7/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
12

NOTICE of Substitution of Counsel by Matthew M. Grigg (Grigg, Matthew) (Filed on 8/27/2014) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
13

MOTION to Continue STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULING filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 9/3/2014) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
14

ORDER by Magistrate Judge Maria-Elena James granting 13 Motion to Continue Motion hearing and Case Management Conference. (rmm2S, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER

Set/Reset Hearing re 14 Order on Motion to Continue Initial Case Management Conference set for 11/13/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco. Motion to Remand Hearing set for 10/30/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 9/4/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
15

RESPONSE (re 5 MOTION to Remand ) filed byGregory J. Ahern. (Grigg, Matthew) (Filed on 10/13/2014) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

PACER
16

ORDER by Judge Maria-Elena James denying 5 Motion to Remand (cdnS, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

RECAP
17

ORDER VACATING CMC. Signed by Judge Maria-Elena James on 10/14/2014. (cdnS, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

RECAP
18

JOINT CASE MANAGEMENT STATEMENT filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 11/20/2014) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
19

ORDER: Case Management Statement due by 1/8/2015. Case Management Conference set for 1/15/2015 10:00 AM. Signed by Judge Maria-Elena James on 11/24/2014. (cdnS, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

RECAP
20

CASE MANAGEMENT STATEMENT (Joint) filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 1/8/2015) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
21

CASE MANAGEMENT SCHEDULING ORDER:Case Referred to Magistrate Judge for Settlement Deadline to Seek Leave to Amend Pleadings: 4/13/2015Discovery due by 7/7/2015Motions due by 8/6/2015Motion Hearing set for 9/10/2015 Bench Trial set for 1/25/2016 Signed by Judge Maria-Elena James on 1/9/2015. (cdnS, COURT STAFF) (Filed on 1/9/2015) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
22

Notice of Settlement Conference and Settlement Conference Order before Magistrate Judge Kandis A. Westmore. Settlement Conference set for 5/8/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 1/12/15. (sisS, COURT STAFF) (Filed on 1/12/2015) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER

CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (ahm, COURT STAFF) (Filed on 1/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
23

First MOTION to Amend/Correct Complaint filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 4/30/2015 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 4/9/2015. Replies due by 4/16/2015. (Attachments: # 1 Exhibit A (First Amended Complaint), # 2 Proposed Order)(England, Christine) (Filed on 3/26/2015) (Entered: 03/26/2015)

1 Exhibit A (First Amended Complaint)

View on PACER

2 Proposed Order

View on PACER

March 26, 2015

March 26, 2015

PACER
24

RESPONSE (re 23 First MOTION to Amend/Correct Complaint ) filed byGregory J. Ahern. (Attachments: # 1 Declaration)(Grigg, Matthew) (Filed on 4/9/2015) (Entered: 04/09/2015)

1 Declaration

View on PACER

April 9, 2015

April 9, 2015

PACER
25

REPLY (re 23 First MOTION to Amend/Correct Complaint ) filed byJane Doe, Susan Harman, Nancy Mancias. (England, Christine) (Filed on 4/16/2015) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
26

ORDER by Judge Maria-Elena James granting 23 Motion to Amend/Correct ; Plaintiffs are required to E-FILE the amended document. No chambers copy is required (cdnS, COURT STAFF) (Filed on 4/24/2015) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

RECAP
27

NOTICE of Appearance by Rebecca Ariel Jacobs (Jacobs, Rebecca) (Filed on 4/24/2015) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
28

NOTICE of Substitution of Counsel by Rebecca Ariel Jacobs (Jacobs, Rebecca) (Filed on 4/24/2015) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
29

COMPLAINT FIRST AMENDED COMPLAINT against Gregory J. Ahern. Filed bySusan Harman, Jane Doe, Nancy Mancias. (Haskett, Christine) (Filed on 4/28/2015) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
30

AMENDED COMPLAINT FIRST AMENDED COMPLAINT [CORRECTED] against Gregory J. Ahern. Filed bySusan Harman, Jane Doe, Nancy Mancias. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Haskett, Christine) (Filed on 4/28/2015) (Entered: 04/28/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

April 28, 2015

April 28, 2015

RECAP
31

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Case settled in principle. Settlement placed on the record.Settlement Conference held on 5/8/2015.FTR Time 6:05-6:14. (sisS, COURT STAFF) (Date Filed: 5/8/2015) (Entered: 05/12/2015)

May 8, 2015

May 8, 2015

PACER
32

STIPULATION WITH PROPOSED ORDER TO SUSPEND CASE DEADLINES filed by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 6/10/2015) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
33

ORDER by Magistrate Judge Maria-Elena James granting 32 Stipulation to Suspend Case Deadlines. (rmm2S, COURT STAFF) (Filed on 6/11/2015) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
34

MOTION to Withdraw as Counsel to Plaintiff Jane Doe filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 7/23/2015 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 6/25/2015. Replies due by 7/2/2015. (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
35

Declaration of Rebecca A. Jacobs in Support of 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe filed byJane Doe, Susan Harman, Nancy Mancias. (Related document(s) 34 ) (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
36

Proposed Order re 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER

Set Deadlines/Hearings: (cdnS, COURT STAFF) (Filed on 6/11/2015)

June 11, 2015

June 11, 2015

PACER
37

RESPONSE (re 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe ) (Non-Opposition) filed byGregory J. Ahern. (Grigg, Matthew) (Filed on 6/12/2015) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
38

ORDER by Judge Maria-Elena James granting 34 Motion to Withdraw as counsel for Jane Doe, on the condition that all papers from the Court and from Defendant shall continue to be served on Jane Does current counsel for forwarding purposes until a substitution of counsel is filed as provided by Civil Local Rule 11-5(b). (cdnS, COURT STAFF) (Filed on 7/1/2015) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

RECAP
39

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 8/6/2015 10:00 AM. Show Cause Response due by 7/23/2015. Signed by Judge Maria-Elena James on 7/1/2015. (cdnS, COURT STAFF) (Filed on 7/1/2015) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

RECAP
40

CERTIFICATE OF SERVICE by Susan Harman, Nancy Mancias ON JANE DOE (Jacobs, Rebecca) (Filed on 7/7/2015) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
41

ORDER DISMISSING CASE AS TO PLAINTIFF JANE DOE ONLY. Signed by Magistrate Judge Maria-Elena James on 7/27/2015. (cdnS, COURT STAFF) (Filed on 7/27/2015) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

RECAP
42

STATUS REPORT ORDER: Status Report due by 9/3/2015. Signed by Judge Maria-Elena James on 8/17/2015. (cdnS, COURT STAFF) (Filed on 8/17/2015) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
43

STATUS REPORT Joint Status Report by Jane Doe, Susan Harman, Nancy Mancias. (Haskett, Christine) (Filed on 9/3/2015) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
44

ORDER re 43 Status Report. If no dismissal has been filed, the parties shall filed an updated status report by 11/4/2015. This is a docket text order generated by the court. There is no document associated with this entry. (Hon. Maria-Elena James) (cdnS, COURT STAFF) (Filed on 9/8/2015) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
45

STATUS REPORT -- Joint Status Report by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 11/4/2015) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
46

ORDER VACATING PRETRIAL AND TRIAL DEADLINES. Dismissal or Joint Status Report due by 5/4/2016. Signed by Judge Maria-Elena James on 11/4/2015. (cdnS, COURT STAFF) (Filed on 11/4/2015) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

RECAP
47

NOTICE of Change of Address by Matthew M. Grigg (Grigg, Matthew) (Filed on 11/6/2015) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
48

STIPULATION WITH PROPOSED ORDER for Voluntary Dismissal filed by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 5/4/2016) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
49

ORDER DISMISSING CASE PURSUANT TO STIPULATION. Signed by Judge Maria-Elena James on 5/5/2016. (cdnS, COURT STAFF) (Filed on 5/5/2016) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several women who claimed they were unjustifiably forced to take pregnancy tests while detained at the Alameda County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alameda County Sheriff's Department (Alameda), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2015 - 2015

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Informed consent/involuntary medication

Records Disclosure

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Government-run