Case: Dillon v. Clackamas County

3:14-cv-00820 | U.S. District Court for the District of Oregon

Filed Date: May 18, 2014

Case Ongoing

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Case Summary

On May 18, 2014, inmates at the Clackamas County Jail (CCJ) filed this class action lawsuit against Clackamas County and one of its senior Department officials. The plaintiffs, represented by private counsel, brought this claim under 42 U.S.C. § 1983, alleging violations of the Fourth, Eighth, and Fourteenth Amendments for strip and visual cavity searches conducted on pre-trial detainees and convicted inmates at the CCJ beginning in May 2012. The plaintiffs sought compensatory damages on both individual and class-wide basis, as well as punitive damages. They also sought a declaratory judgment that the strip search practices of the County were unconstitutional. Lastly, the plaintiffs sought a preliminary and permanent injunction enjoining Clackamas County and its officials from continuing to implement the strip and visual cavity searches in group and public fashion without adequate privacy and reasonable suspicion.

The plaintiffs filed a second amended complaint on May 4, 2015 to add plaintiffs and claims. They then sought to amend the complaint again on February 27, 2017. The motion was denied by Magistrate Judge Youlee Yim You on April 6, 2017 and that recommendation adopted by Judge Michael Simon on April 21, 2017.

The defendants moved for summary judgment on November 2, 2016. They alleged that the plaintiffs failed to state a claim upon which relief could be granted under the Eighth or Fourteenth Amendment, and that the plaintiffs lacked standing to pursue claims of unconstitutional searches on behalf of female inmates and future inmates, among others. On May 2, 2018, Magistrate Judge You granted the motion as to all claims under the Eighth Amendment and plaintiffs’ claims for constitutional violations based on the emergency search of October 10, 2012. Otherwise, the defendants’ motion for summary judgment was denied. Judge Simon confirmed the order on July 23, 2018.

The plaintiffs sought to certify three classes and moved for partial summary judgment on February 27, 2017. Class One included everyone who had undergone unjustified strip searches at CCJ since May 19, 2012. The two subclasses included persons undergone group and public strip searches since September 25, 2012 as well as a group of inmates searched on October 10, 2012, respectively. On May 2, 2018, Magistrate Judge You certified Class One, but only as to “the Fourth Amendment claims of male inmates at the CCJ who underwent return-from-court visual strip searches between September 25, 2012, and the date in May 2013 on which the County installed privacy panels in CCJ’s hallway.” As for the partial summary judgment, the plaintiffs’ motion was denied. The recommendations were confirmed by Judge Simon on July 23, 2018.

On September 7, 2017, the defendants moved to dismiss for lack of jurisdiction. They alleged that the plaintiffs’ claims must be dismissed for lack of subject matter jurisdiction because some plaintiffs made no showing of a physical injury as required by the Prison Litigation Reform Act. As for the remaining named plaintiffs, the defendants alleged that none of them were in custody at the CCJ when the second amended complaint was filed. In addition, Article III of the Constitution prevented the current plaintiffs from pursuing this case on behalf of the female CCJ inmates. This motion was denied on July 23, 2018 by Magistrate Judge You.

On April 10, 2019, the defendants moved to decertify the class, and on May 21, 2019, the defendants moved for imposition of sanctions.

Oral argument was held on May 21, 2019 on the motion to decertify the class. On August 6, 2019 Magistrate Judge You recommended that the motion to decertify the class be granted. Magistrate Judge You also denied the defendants' motion for sanctions on the same day. The plaintiffs filed objections to the recommendation. 2019 WL 6709545 (D.Or. Aug. 06, 2019). On December 9, 2019, District Judge Simon adopted the magistrate judge's recommendations and granted the defendant's motion to decertify the class. 2019 WL 6709381 (D.Or. Dec. 09, 2019).

Eight days after the order was issued, the plaintiffs filed a notice of appeal to the Ninth Circuit (Appeal Docket No. 19-36084). On December 23, 2019, the deputy clerk of the Ninth Circuit filed an order stating that the Ninth Circuit may not have jurisdiction over the appeal because the district court's decision to decertify the class may not be final or appealable. The court ordered that within 21 days, the appellants must move for voluntary dismissal of the appeal or show cause as to why the appeal should not be dismissed for lack of jurisdiction. On January 13, 2020, the plaintiffs filed a response to the order to show cause, but the Ninth Circuit (Judges William C. Canby, Ronald M. Gould, and Paul J. Watford) dismissed the appeal in a February 25, 2020 order. 2020 WL 1290290 (9th. Cir. 2020).

Meanwhile, back in the district court, on October 1, 2019, the defendants filed a motion for summary judgment. On April 20, 2020, Magistrate Judge You issued a recommendation on the defendants' motion for summary judgment. Magistrate Judge You recommended that the motion for summary judgment should be granted in full, stating that: "1) the § 1983 claims against Sheriff Roberts should dismissed; 2) the Fourth Amendment claim against the County should be dismissed; and 3) the state claim against defendants should be dismissed." 2020 WL 2544781 (D.Or. Apr. 20, 2020)

Two weeks later, the plaintiffs filed an objection to the magistrate judge's recommendations. In May 2020, District Judge Simon adopted the recommendations of Magistrate Judge You, granted the defendants' motion for summary judgment, and dismissed the case with prejudice. 2020 WL 2545312 (D.Or. May 19, 2020)

On June 16, 2020, the plaintiffs appealed to the Ninth Circuit (Appeal Docket No. 20-35544). Six days later, the plaintiffs filed a Mediation Questionnaire briefly describing the issues in the case, and the next day, the Ninth Circuit filed a mediation order saying that this case had not been selected for inclusion in the court's mediation program. As of July 2020, the appeal is ongoing.

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Summary Authors

Sichun Liu (1/30/2019)

Sabrina Glavota (7/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4366084/parties/dillon-v-clackamas-county/

Judge(s)

Attorney for Plaintiff

Berman, Leonard Randolph (Oregon)

Farrar, Tonna K (Arizona)

Geragos, Mark J (California)

Attorney for Defendant

Gordon, Alexander (Oregon)

Lillegren, Shawn A (Oregon)

Judge(s)

Simon, Michael Howard (Oregon)

You, Youlee Yim (Oregon)

Attorney for Plaintiff

Berman, Leonard Randolph (Oregon)

Farrar, Tonna K (Arizona)

Geragos, Mark J (California)

Meiselas, Benjamin J (California)

Attorney for Defendant

Gordon, Alexander (Oregon)

Lillegren, Shawn A (Oregon)

Madkour, Stephen L (Oregon)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:14-cv-00820	Docket	Aug. 24, 2020	Aug. 24, 2020 Docket
1 3:14-cv-00820	Complaint	May 18, 2014	May 18, 2014 Complaint
31 3:14-cv-00820	Class Action Second Amended Complaint	May 4, 2015	May 4, 2015 Complaint
160 3:14-cv-00820	Order	July 23, 2018	July 23, 2018 Order/Opinion 2018 WL 3539438
198 3:14-cv-00820	Findings and Recommendations	Aug. 6, 2019	Aug. 6, 2019 Magistrate Report/Recommendation
217 3:14-cv-00820	Order	Dec. 9, 2019	Dec. 9, 2019 Order/Opinion 2019 WL 6709381
225 3:14-cv-00820	Order Adopting Findings and Recommendations	May 19, 2020	May 19, 2020 Order/Opinion 2020 WL 2545312

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4366084/dillon-v-clackamas-county/

Last updated April 9, 2025, 4:29 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. (In forma pauperis status selected) Jury Trial Requested: Yes. Filed by William Dillon against All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Berman, Leonard) (Entered: 05/18/2014) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER	May 18, 2014	May 18, 2014 RECAP
2	Application for Leave to Proceed IFP . Filed by All Plaintiffs. (Berman, Leonard) (Entered: 05/18/2014)	May 18, 2014	May 18, 2014 PACER
3	Notice of Case Assignment: This case is assigned to Magistrate Judge Janice M. Stewart. (ecp) (Entered: 05/19/2014)	May 19, 2014	May 19, 2014 PACER
4	ORDER: Granting Application for Leave to Proceed in Forma Pauperis 2 . Signed on 5/19/14 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 05/19/2014)	May 19, 2014	May 19, 2014 PACER
5	Summons Issued Electronically as to Clackamas County. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp) (Entered: 05/20/2014)	May 20, 2014	May 20, 2014 PACER
6	Notice of Case Assignment to Magistrate Judge Janice M. Stewart and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/24/2014. Joint Alternate Dispute Resolution Report is due by 10/24/2014. Pretrial Order is due by 10/24/2014. Ordered by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 05/27/2014)	May 27, 2014	May 27, 2014 PACER
7	Amended Complaint . Filed by William Dillon, David Michael Hodges, Scott Vincent Graue against All Defendants. (Berman, Leonard) (Entered: 06/23/2014)	June 23, 2014	June 23, 2014 PACER
8	Waiver of Service of Summons Returned Executed by Clackamas County waiver sent on 6/9/2014. Filed by Clackamas County; Craig Roberts. (Gordon, Alexander) (Entered: 06/24/2014)	June 24, 2014	June 24, 2014 PACER
9	Motion to Dismiss Pursuant to FRCP 8 and 12(b)(6) and Memorandum in Support, Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Clackamas County, Craig Roberts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Gordon, Alexander) (Entered: 07/07/2014) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	July 7, 2014	July 7, 2014 PACER
10	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Rule 16 Conference for Monday, 8/25/2014 at 09:30AM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr) (Entered: 07/15/2014)	July 15, 2014	July 15, 2014 PACER
11	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Dismiss Pursuant to FRCP 8 and 12(b)(6) and Memorandum in Support Motion to Dismiss for Failure to State a Claim 9 for Oral Argument on Monday, 9/22/2014 at 09:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. See attached Notice Regarding Civil Case Procedures in cases assigned to Judge Stewart. (jlr) (Entered: 07/15/2014)	July 15, 2014	July 15, 2014 PACER
12	Scheduling Order by Magistrate Judge Janice M. Stewart: RESETTING the TELEPHONE Rule 16 Conference from 8/25/14 to Thursday, 8/21/2014 at 4:00PM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 07/17/2014)	July 17, 2014	July 17, 2014 PACER
13	Notice of Appearance of Tonna K. Farrar appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs (Farrar, Tonna) (Entered: 07/23/2014)	July 23, 2014	July 23, 2014 PACER
14	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Pursuant to FRCP 8 and 12(b)(6) and Memorandum in Support Motion to Dismiss for Failure to State a Claim 9 . Filed by All Plaintiffs. (Farrar, Tonna) (Entered: 07/23/2014)	July 23, 2014	July 23, 2014 PACER
15	Declaration of TONNA K. FARRAR . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, 14 .) (Attachments: # 1 Exhibit A-C) (Farrar, Tonna) (Entered: 07/23/2014) 1 Exhibit A-C View on PACER	July 23, 2014	July 23, 2014 PACER
16	ORDER: Granting Plaintiffs' Motion for Extension of Time to File Response/Reply to Motion to Dismiss 9 . Oral argument remains as set on Monday, 9/22/2014 at 09:30AM. Ordered by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
17	MINUTES of Proceedings: Telephone Rule 16 Conference held before Magistrate Judge Janice M. Stewart. Order SETTING a further TELEPHONE Rule 16 Conference for Wednesday, 11/5/14 at 9:30 AM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. Order STRIKING the current schedule, to be reset at the next Rule 16 conference. Tonna Farrar present as counsel for plaintiff(s). Alexander Gordon present as counsel for defendant(s). Court Reporter: none. Tape No: none. (jlr) (Entered: 08/21/2014)	Aug. 21, 2014	Aug. 21, 2014 PACER
18	Response in Opposition to Motion to Dismiss Pursuant to FRCP 8 and 12(b)(6) and Memorandum in Support Motion to Dismiss for Failure to State a Claim 9 . Filed by All Plaintiffs. (Farrar, Tonna) (Entered: 08/29/2014)	Aug. 29, 2014	Aug. 29, 2014 PACER
19	Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Farrar, Tonna) (Entered: 09/18/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Sept. 18, 2014	Sept. 18, 2014 PACER
20	Scheduling Order by Magistrate Judge Janice M. Stewart regarding Motion for Leave to File Amended Complaint/Petition 19 . Motion will be discussed at Oral Argument currently set on Motion To Dismiss 9/22/2014 at 09:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
21	Response in Opposition to Motion for Leave to File Amended Complaint/Petition 19 . Filed by All Defendants. (Gordon, Alexander) (Entered: 09/21/2014)	Sept. 21, 2014	Sept. 21, 2014 PACER
22	MINUTES of Proceedings: before Magistrate Judge Janice M. Stewart. Motion Hearing Held regarding Motion for Leave to File Amended Complaint/Petition 19, and Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, 9 . Order motions 9 and 19 are taken under advisement as of 9/22/2014. Tonna Farrar, Leonard Berman present as counsel for plaintiff(s). Alexander Gordon present as counsel for defendant. Court Reporter: Jill Erwin. (jlr) (Entered: 09/22/2014)	Sept. 22, 2014	Sept. 22, 2014 PACER
23	Declaration of Lt Eby in Support of Response in Opposition to Motion for Leave to File Amended Complaint. Filed by Clackamas County, Craig Roberts. (Related document(s): Response in Opposition to Motion 21 .) (Gordon, Alexander) (Entered: 09/23/2014)	Sept. 23, 2014	Sept. 23, 2014 PACER
24	Findings & Recommendations: Defendants' Motion to Dismiss Pursuant to FRCP 8 and 12(b)(6) 9 ) should be GRANTED in part and DENIED in part, with leave granted to plaintiffs to file an amended complaint. In addition, Plaintiffs' Motion for Leave to File Amended Complaint/Petition 19 should be GRANTED, but plaintiffs should be ordered to file an amended complaint which complies with the courts rulings on defendants Motion to Dismiss. Objections to the Findings and Recommendations are due by 11/10/2014. Signed on 10/23/14 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 10/23/2014)	Oct. 23, 2014	Oct. 23, 2014 RECAP
25	Order by Magistrate Judge Janice M. Stewart referring Defendants' Motion to Dismiss 9, Plaintiffs' Motion for Leave to File Amended Complaint/Petition 19, and Findings & Recommendation 24 to Judge Michael H. Simon for his consideration. (jlr) (Entered: 10/23/2014)	Oct. 23, 2014	Oct. 23, 2014 PACER
26	MINUTES of Proceedings: Telephone Rule 16 Conference held. ORDER: Setting another TELEPHONE Rule 16 Conference for Tuesday, 12/2/2014 at 09:30AM. The court will initiate the call to counsel. Counsel shall confirm the telephone number(s) where they may be reached with Judge Stewart's courtroom deputy, Jenny Raun, and shall confer regarding the case schedule and deadlines prior to the next scheduled telephone conference. No appearance by counsel for plaintiff(s). Alexander Gordon present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (stewart1, ) Modified on 11/6/2014 to reflect this was a telephone conference(jlr). (Entered: 11/05/2014)	Nov. 5, 2014	Nov. 5, 2014 PACER
27	MINUTES of Proceedings: TELEPHONE Rule 16 Conference and Notice Regarding Civil Case Procedures. Order: setting the following new case schedule and deadlines: The Joint ADR Report is WAIVED. Discovery is to be completed by 5/15/2015. Dispositive Motions are due by 6/1/2015. Exchange of Expert Witness Statements must be completed and the Pretrial Order is due by 6/30/2015, unless dispositive motions are filed, in which case the due date for both is extended to 30 days after a final ruling on dispositive motions. Please see the attached Notice regarding additional procedures applicable in cases assigned to Judge Stewart. TonnaFarrar and Leonard Berman present as counsel for plaintiff(s). Alexander Gordon present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (stewart1, ) Modified on 12/3/2014 to reflect this was a TELEPHONE hearing (jlr). (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014 PACER
28	ORDER - As no party has made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Stewart's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Stewart's Findings and Recommendation, Dkt. 24 . Defendants' motion to dismiss (Dkt. 9 ) is GRANTED in part and DENIED in part. Plaintiffs' motion for leave to file a second amended complaint (Dkt. 19 ) is GRANTED, but Plaintiffs are ordered to file an amended complaint which complies with Judge Stewart's rulings on Defendants' motion to dismiss. Signed on 12/2/2014 by Judge Michael H. Simon. (mja) (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014 RECAP
29	Scheduling Order: Plaintiff's Second Amended Complaint shall be filed on or before May 4, 2015. Related document: Order on Findings & Recommendation 28 .Ordered by Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 04/20/2015)	April 20, 2015	April 20, 2015 PACER
	1 - Scheduling	April 20, 2015	April 20, 2015 PACER
30	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Status Conference for Monday, 5/11/2015 at 01:30PM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 04/20/2015)	April 20, 2015	April 20, 2015 PACER
31	Second Amended Complaint . Filed by William Dillon, David Michael Hodges, Scott Vincent Graue, Jayson Saylor, Albert Love against All Defendants. (Farrar, Tonna) Modified on 5/5/2015 to remove duplicate plaintiff David Hodges(ecp). (Entered: 05/04/2015)	May 4, 2015	May 4, 2015 PACER
32	MINUTES of Proceedings: Telephone Scheduling Conference held. ORDER: Striking the case schedule and deadlines, to be reset. ORDER: Setting another telephone Status and Scheduling Conference for Thursday, 5/21/2015, at 03:00PM before Magistrate Judge Janice M. Stewart. The court will initiate the call to counsel. Tonna Farrar and Leonard Berman present as counsel for plaintiff(s). Alexander Gordon present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (st1) (Entered: 05/11/2015)	May 11, 2015	May 11, 2015 PACER
33	Answer to 31 Amended Complaint with Jury Demand and Affirmative Defenses. Filed by Clackamas County, Craig Roberts. (Attachments: # 1 Exhibit 1) (Gordon, Alexander) (Entered: 05/18/2015) 1 Exhibit 1 View on PACER	May 18, 2015	May 18, 2015 PACER
34	MINUTES of Proceedings: Telephone Scheduling Conference held. ORDER: Setting the following case schedule. Discovery is to be completed by 9/30/2015. Motion for Class Certification to be filed by 10/30/2015. Expert Witness Statements are to be exchanged 45 days after a final ruling on the Motion for Class Certification and Dispositive motions are due within 90 days after a final ruling on the Motion for Class Certification. Tonna Farrar present as counsel for plaintiff(s). Alexander Gordon present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (st1) (Entered: 05/21/2015)	May 21, 2015	May 21, 2015 PACER
35	Unopposed Motion for Extension of Time for Discovery & Dispositive Motions. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015 PACER
36	Declaration of Alexander Gordon in Support of Motion to Extend Discovery and Dispositive Motions. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Extension of Time 35 .) (Gordon, Alexander) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015 PACER
37	ORDER: by Magistrate Judge Janice M. Stewart GRANTING Motion for Extension of Time 35 . Discovery is to be completed by 1/28/2016. Motion for Class Certification to be filed by 2/29/2016. Expert Witness Statements are to be exchanged 45 days after a final ruling on the Motion for Class Certification and dispositive motions are due within 90 days after a final ruling on the Motion for Class Certification. (jlr) (Entered: 08/27/2015)	Aug. 27, 2015	Aug. 27, 2015 PACER
	Order on Motion for Extension of Time	Aug. 27, 2015	Aug. 27, 2015 PACER
38	Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Clackamas County. (Gordon, Alexander) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
39	Declaration of Alexander Gordon in Support of Motion for Extension. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 38 .) (Gordon, Alexander) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
40	ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 38 . Discovery is to be completed by 5/27/2016. Motion for Class Certification to be filed by 6/28/2016. The due dates for the exchange of expert witness statements and for the filing of dispositive motions remain unchanged. Ordered by Magistrate Judge Janice M. Stewart. (pg) Modified on 12/11/2015 (pg). (Entered: 12/09/2015)	Dec. 9, 2015	Dec. 9, 2015 PACER
	Order on Motion for Extension of Discovery & PTO Deadlines	Dec. 9, 2015	Dec. 9, 2015 PACER
41	Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Janice M. Stewart to Magistrate Judge Youlee Yim You. (eo) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
42	Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 PACER
43	Declaration of Alexander Gordon in Support of Stipulated Motion to Extend Discovery Deadlines. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 42 .) (Gordon, Alexander) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 PACER
44	ORDER: Granting Stipulated Motion to Extend Discovery Deadlines 42 . Discovery is to be completed by 10/25/2016. Motion for Class Certification to be filed by 11/25/2016. Expert Witness Statements are to be exchanged within 45 days after the final ruling on the Motion for Class Certification. Dispositive Motions will be due 90 days after the final ruling on the Motion for Class Certification. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 06/01/2016)	June 1, 2016	June 1, 2016 PACER
	Order on Motion for Extension of Discovery & PTO Deadlines	June 1, 2016	June 1, 2016 PACER
45	Stipulated Motion for Protective Order . Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 09/12/2016)	Sept. 12, 2016	Sept. 12, 2016 PACER
46	Stipulated Protective Order. Signed on 9/14/2016 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/14/2016)	Sept. 14, 2016	Sept. 14, 2016 PACER
47	Motion for Leave to conduct deposition of David Hodges. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
48	Declaration of Alexander Gordon in support of motion for leave to conduct deposition of David Hodges. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Leave 47 .) (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
49	Motion for Leave to conduct deposition of Scott Graue. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
50	Declaration of Alexander Gordon in support of motion for leave to conduct deposition of Scott Graue. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Leave 49 .) (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
51	Motion for Summary Judgment and memo in support of MSJ. Oral Argument requested. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
52	Declaration of Lt. Kevin Thies in support of MSJ. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Summary Judgment 51 .) (Gordon, Alexander) (Entered: 10/06/2016)	Oct. 6, 2016	Oct. 6, 2016 PACER
53	ORDER: Granting Unopposed Motion for Leave 47 ; Granting Unopposed Motion for Leave 49 . Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
	Order on Motion for Leave AND Order on Motion for Leave	Oct. 12, 2016	Oct. 12, 2016 PACER
54	Motion for Extension of Discovery & PTO Deadlines and Abate Filing of Defendants' Motion For Summary Judgment. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
55	Notice of Attorney Withdrawal: of Tonna K. Farrar Filed by All Plaintiffs (Farrar, Tonna) Modified on 10/17/2016 (pvh). (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
56	ORDER: Granting Alternative Motion to Withdraw or Substitute an Attorney 55 filed as a Notice of Attorney Withdrawal: of Tonna K. Farrar. Attorney Tonna K. Farrar is withdrawn as counsel of record. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/17/2016)	Oct. 17, 2016	Oct. 17, 2016 PACER
	Order on Motion to Withdraw or Substitute Attorney	Oct. 17, 2016	Oct. 17, 2016 PACER
57	ORDER: STRIKING WITH LEAVE TO REFILE Defendants' Motion for Summary Judgment (docket # 51 ) for failure to confer as required by Local Rule 7-1(a)(1)(A). See ECF #54, p. 3. ORDER: GRANTING IN PART Defendants' Unopposed Motion for Extension of Discovery and PTO deadlines (ECF # 54 ) and extending the discovery deadline through January 25, 2017. All remaining previously set deadlines remain in effect, including the November 25, 2016 deadline for filing a Motion for Class Certification. See ECF # 44 . In all other respects, the motion (ECF # 54 ) is DENIED AS MOOT. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 PACER
	Order on Motion for Extension of Discovery & PTO Deadlines	Oct. 24, 2016	Oct. 24, 2016 PACER
58	Motion for Summary Judgment and supporting memorandum. Oral Argument requested. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 PACER
59	Declaration of Lt. Kevin Thies in support Defendants' motion for summary judgment. Filed by Clackamas County, Craig Roberts. (Related document(s): Motion for Summary Judgment 58 .) (Gordon, Alexander) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 PACER
60	Motion for Extension of Time . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Berman, Leonard) (Entered: 11/11/2016)	Nov. 11, 2016	Nov. 11, 2016 PACER
61	Declaration of Leonard Berman . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 60 .) (Berman, Leonard) (Entered: 11/11/2016)	Nov. 11, 2016	Nov. 11, 2016 PACER
62	Response in Opposition to Motion for Extension of Time 60 Oral Argument requested. Filed by Clackamas County, Craig Roberts. (Gordon, Alexander) (Entered: 11/14/2016)	Nov. 14, 2016	Nov. 14, 2016 PACER
	Order	Nov. 14, 2016	Nov. 14, 2016 PACER
63	Declaration of Alexander Gordon in Support of Clackamas Defendants Response in Opposition to Plaintiff's Motion for Extension of Time re Class Certification and Response to MSJ. Filed by Clackamas County, Craig Roberts. (Related document(s): Response in Opposition to Motion 62 .) (Attachments: # 1 Exhibit 1-6) (Gordon, Alexander) (Entered: 11/14/2016) 1 Exhibit 1-6 View on PACER	Nov. 14, 2016	Nov. 14, 2016 PACER
64	ORDER: DENYING defendants' request for oral argument (ECF # 62 ), and GRANTING Plaintiffs' Motion to Extend Time, (ECF # 60 ). ORDER: The court will entertain no further requests for extension of the case schedule. ORDER: Plaintiffs' motion for class certification, dispositive motion(s), and response to defendants' Motion for Summary Judgment (ECF # 58 ) are due February 27, 2017. Defendants' response to plaintiffs' motions and reply to their motion are due March 27, 2017. Plaintiffs' reply to their motion(s) is due April 17, 2017. ORDER: On or before November 30, 2016, the parties shall email yypropdoc@ord.uscourts.gov advising of their availability for oral argument during the weeks of May 8 and May 15, 2017. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 11/14/2016)	Nov. 14, 2016	Nov. 14, 2016 PACER
65	Notice of Dismissal of Party Saylor Filed by All Plaintiffs (Berman, Leonard) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
	1 - Scheduling	Jan. 9, 2017	Jan. 9, 2017 PACER
66	Scheduling Order: SETTING a Telephone Conference for Monday, 1/9/2017 at 11:30AM before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
67	MINUTES of Proceedings: Telephone Discovery Conference held. Parties independently resolved their dispute. Leaonard Randolph Berman present as counsel for plaintiffs. Alexander Gordan present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
68	Scheduling Order: SETTING Oral Argument for Thursday, 5/11/2017 at 10:00AM in Courtroom 12B before Magistrate Judge Youlee Yim You regarding Motion for Summary Judgment 58 . Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
	1 - Scheduling	Jan. 20, 2017	Jan. 20, 2017 PACER
69	Motion for Extension of Discovery & PTO Deadlines . Expedited Hearing requested. Filed by All Plaintiffs. (Berman, Leonard) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017 PACER
70	Declaration of Leonard Berman . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 69 .) (Berman, Leonard) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017 PACER
71	Response in Opposition to Motion for Extension of Discovery & PTO Deadlines 69 Oral Argument requested. Filed by All Defendants. (Gordon, Alexander) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017 PACER
72	Response to Motion for Extension of Discovery & PTO Deadlines 69 oral argument requested. Filed by All Defendants. (Attachments: # 1 Exhibit) (Gordon, Alexander) (Entered: 01/27/2017) 1 Exhibit View on PACER	Jan. 27, 2017	Jan. 27, 2017 PACER
73	Scheduling Order: regarding Plaintiff's Motion for Extension of Discovery & PTO Deadlines 69 . ORDER - SETTING Oral Argument for Monday, 1/30/2017 at 3:00PM by telephone before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
	1 - Scheduling	Jan. 30, 2017	Jan. 30, 2017 PACER
	Order on Motion for Extension of Discovery & PTO Deadlines	Jan. 30, 2017	Jan. 30, 2017 PACER
74	Reply to Motion for Extension of Discovery & PTO Deadlines 69 oral argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 2013 CCSO Screen Documents) (Berman, Leonard) (Entered: 01/30/2017) 1 Exhibit 2013 CCSO Screen Documents View on PACER	Jan. 30, 2017	Jan. 30, 2017 PACER
75	Minutes of Proceedings: Oral Argument held by phone before Magistrate Judge Youlee Yim You on 1/30/2017. ORDER - Granting in Part and Denying in Part Plaintiff's Motion for Extension of Discovery & PTO Deadlines 69 . Plaintiff shall have until 2/21/2017 to depose Sgt. Freeman and Sgt. Thompson. All other deadlines in this matter remain in effect. Leonard Berman present as counsel for plaintiff(s). Alex Gordon present as counsel for defendant(s). Court Reporter: Bonita Shumway (503) 326-8188. Magistrate Judge Youlee Yim You presiding. Modified on 1/30/2017 (pvh). Modified on 1/31/2017 (pvh). (Entered: 01/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
76	ORDER. The court is in receipt of a letter from defendant Clackamas County requesting a telephone conference. No telephone conference is necessary. Although no further clarification should be required, the court clarifies that, on January 30, 2017, the discovery deadline was extended solely to complete the depositions of Sgt. Freeman and Sgt. Thompson in light of inclement weather. Plaintiff's motion 69 was otherwise denied. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
	Order	Feb. 2, 2017	Feb. 2, 2017 PACER
77	Motion for Leave to File Amended Complaint/Petition . Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit A- Proposed 3d Am. Complaint) (Berman, Leonard) (Entered: 02/27/2017) 1 Exhibit A- Proposed 3d Am. Complaint View on PACER	Feb. 27, 2017	Feb. 27, 2017 PACER
78	Declaration of Leonard Berman . Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 77 .) (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
79	Motion to Certify the Class (es). Oral Argument requested. Filed by All Plaintiffs. (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
80	Declaration of Leonard Berman . Filed by All Plaintiffs. (Related document(s): Motion to certify class 79 .) (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
81	Response in Opposition to Motion for Summary Judgment and supporting memorandum 58 oral argument requested. Filed by All Plaintiffs. (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
82	Motion for Partial Summary Judgment . Oral Argument requested. Filed by All Plaintiffs. (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
83	Declaration of Scott Graue . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 82 .) (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
84	Declaration of Albert Love . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 82 .) (Berman, Leonard) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
85	Declaration of William Dillon . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 82 .) (Berman, Leonard) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 PACER
86	Declaration of David Hodges . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 82 .) (Berman, Leonard) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 PACER
87	Declaration of Jessica Dove . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 82 .) (Berman, Leonard) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 PACER

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Case Details

State / Territory: Oregon

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Male inmates at the CCJ who underwent return-from-court visual strip searches between September 25, 2012, and the date in May 2013 on which the County installed privacy panels in CCJ’s hallway.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Clackamas County (Clackamas), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run