Case: Pitney v. City of Chester

2:19-cv-00799 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff in this case was strip-searched after being arrested for a minor offense. He was not suspected of possessing drugs or weapons, and he was ultimately not charged with any crime, but the City of Chester's policy allowed police to conduct strip searches on anyone they arrested. In this lawsuit, filed by private counsel on February 25, 2019, in the U.S. District Court for the Eastern District of Pennsylvania, the plaintiff named the City of Chester and three police officers as defenda…

The plaintiff in this case was strip-searched after being arrested for a minor offense. He was not suspected of possessing drugs or weapons, and he was ultimately not charged with any crime, but the City of Chester's policy allowed police to conduct strip searches on anyone they arrested. In this lawsuit, filed by private counsel on February 25, 2019, in the U.S. District Court for the Eastern District of Pennsylvania, the plaintiff named the City of Chester and three police officers as defendants. He alleged that under 42 U.S.C. §1983 the city had violated his Fourth and Fourteenth Amendment rights, as well as his rights under Pennsylvania law. He sought compensatory damages, punitive damages, and attorney’s fees and costs. The case was assigned to Judge Robert F. Kelly.

On May 1, 2019, the plaintiff dismissed the majority of the claims in his complaint, stipulating that his Monell claim against the city would be limited to its policy and custom of strip searching detainees, and dismissing all other grounds for liability against the city (with prejudice), including his claim for punitive damages, his claim of malicious prosecution, and his state law claims. Three months later on August 1, he stipulated to the dismissal of one of the police officer defendants.

The case was reassigned to Judge Paul S. Diamond in October 2019.

The following year, on May 20, 2020, Judge Diamond denied the city’s motion for summary judgment. The court held that it "cannot conclude as a matter of law that the City’s Policy comports with the Fourth Amendment." 461 F. Supp. 3d 173.

On May 27, 2020, the plaintiff filed an amended complaint, seeking class certification of a class of individuals who were, like him, arrested on minor charges and strip-searched in spite of the police having no particularized suspicion that they were carrying drugs, weapons, or other contraband. The putative class included all such people arrested from March 1, 1995 until such date as injunctive relief would be granted. This expanded complaint sought class-wide compensatory and punitive damages, a declaration that the city had violated the constitutional and statutory rights of the class members, and preliminary and permanent injunctive relief. The proposed injunction would require the city to “establish appropriate policies and procedures for when strip-searches may be lawfully carried out,” and would prohibit the city from conducting strip searches in minor arrests without a particularized suspicion that the suspect was concealing drugs, weapons, or other contraband. The complaint also sought attorney’s fees and costs under 42 U.S.C. §1988.

The plaintiff moved to certify the class on September 16, 2020. While that motion was pending, the parties engaged in settlement negotiations and reached an agreement on January 27, 2021. The City agreed to revise its strip search policies and establish a settlement fund to pay out members of the class. The city also agreed to pay $25,000 to the named plaintiff, $275,000 in attorneys’ fees, administrative fees for overseeing the settlement, and $100-$1000 to each additional member of the class depending on the facts of their case. Judge Diamond conditionally approved the settlement on February 3, 2021, and granted final approval and class certification on May 19, 2021. The court retained jurisdiction to oversee the settlement, but no significant action has since been taken. 

Summary Authors

Gregory Marsh (6/17/2020)

Robin Peterson (5/25/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14949775/parties/pitney-v-city-of-chester/


Judge(s)

Diamond, Paul Steven (Pennsylvania)

Attorney for Plaintiff

Feldman, Alan (Pennsylvania)

Geckle, Patrick G (Pennsylvania)

Attorney for Defendant

Cummins, Nicholas A. (Pennsylvania)

Expert/Monitor/Master/Other

Goldis, Edward S. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:19-cv-00799

Docket [PACER]

June 9, 2020

June 9, 2020

Docket
1

2:19-cv-00799

Complaint

Feb. 25, 2019

Feb. 25, 2019

Complaint
3

2:19-cv-00799

Entry of Appearance and Demand for Jury Trial

April 18, 2019

April 18, 2019

Pleading / Motion / Brief
37

2:19-cv-00799

Amended Class Action Complaint

May 27, 2020

May 27, 2020

Complaint
74

2:19-cv-00799

Settlement Agreement

Jan. 27, 2021

Jan. 27, 2021

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14949775/pitney-v-city-of-chester/

Last updated March 18, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF CHESTER, JOHN DOE 1, JOHN DOE 2, WILLIAM J. MURPHY, III ( Filing fee $ 400 receipt number 0313-13371963.), filed by KENARD PITNEY. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(GECKLE, PATRICK) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

Clearinghouse

Summons Issued as to CITY OF CHESTER, WILLIAM J. MURPHY, III. Two Forwarded To: Counsel on 2/25/19 (jwl, )

Feb. 25, 2019

Feb. 25, 2019

PACER

DEMAND for Trial by Jury by KENARD PITNEY. (jwl, )

Feb. 25, 2019

Feb. 25, 2019

PACER
2

WAIVER OF SERVICE Returned Executed by KENARD PITNEY. CITY OF CHESTER waiver sent on 3/1/2019, answer due 4/30/2019; WILLIAM J. MURPHY, III waiver sent on 3/1/2019, answer due 4/30/2019. (Attachments: # 1 Certificate of Service for City of Chester, # 2 Certificate of Service for William J. Murphy)(GECKLE, PATRICK) (Entered: 04/17/2019)

1 Certificate of Service for City of Chester

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2 Certificate of Service for William J. Murphy

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April 17, 2019

April 17, 2019

PACER
3

NOTICE of Appearance by NICHOLAS A. CUMMINS on behalf of CITY OF CHESTER, WILLIAM J. MURPHY, III with Jury Demand(CUMMINS, NICHOLAS) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

Clearinghouse
4

ANSWER to Complaint with Affirmative Defenses by CITY OF CHESTER, WILLIAM J. MURPHY, III.(CUMMINS, NICHOLAS) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
5

NOTICE of Hearing: A RULE 16 PRETRIAL PHONE CONFERENCE IS SET FOR 5/3/2019 AT 9:15 AM BEFORE HONORABLE ROBERT F. KELLY.(mr, ) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
6

STIPULATION AND ORDER THAT PLAINTIFF'S MONELL CLAIM AGAINST THE CITY OF CHESTER IS LIMITED ONLY TO THE ALLEGED POLICIES AND CUSTOMS OF THE CITY OF CHESTER WITH RESPECT TO THE STRIP SEARCHING OF DETAINEEDS. ALL OTHER GROUNDS FOR LIABILITY AGAINST THE CITY OF CHESTER ARE DISMISSED WITH PREJUDICE. PLAINTIFF'S CLAIM FOR PUNITIVIE DAMAGES AGAINST THE CITY OF CHESTER IS DISMISSED WITH PREJUDICE. PLAINTIFF'S CLAIMS FOR MALICIOUS PROSECUTION AND PENNSYLVANIA STATE LAW AGAINST ALL INDIVIDUAL DEFENDANTS ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/1/2019. 5/1/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
7

Minute Entry for proceedings held before HONORABLE ROBERT F. KELLY Telephone Conference held on 5/3/2019 (sg, ) (Entered: 05/06/2019)

May 3, 2019

May 3, 2019

PACER
8

SCHEDULING ORDER: DISCOVERY DUE BY 9/2/2019. DISPOSITIVE MOTIONS DUE BY 9/16/2019. ETC.. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/3/2019. 5/6/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/06/2019)

May 3, 2019

May 3, 2019

PACER
9

STIPULATION AND ORDER THAT ALL CLAIMS AGAINST DEFENDANT, POLICE OFFICER WILLIAM J. MURPHY, III ARE DISMISSED WITHOUT PREJUDICE.. SIGNED BY HONORABLE ROBERT F. KELLY ON 7/31/2019. 8/1/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
10

Joint MOTION for Extension of Time to File Dispositive Motions filed by KENARD PITNEY.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(GECKLE, PATRICK) (Entered: 08/09/2019)

1 Proposed Order

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2 Certificate of Service

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Aug. 9, 2019

Aug. 9, 2019

PACER
11

ORDERED THAT THE SCHEDULING ORDER IS AMENDED TO PROVIDE AS FOLLOWS, ALL DISCOVERY DUE BY 10/16/2019., DISPOSITIVE MOTIONS DUE BY 10/30/2019. ETC.. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/12/2019. 8/13/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/13/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
12

NOTICE of Appearance by EDWARD S. GOLDIS on behalf of KENARD PITNEY (GOLDIS, EDWARD) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
13

NOTICE of Appearance by ALAN FELDMAN on behalf of KENARD PITNEY (FELDMAN, ALAN) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
14

MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by KENARD PITNEY.Memorandum. (Attachments: # 1 Exhibit "A" Amended Complaint, # 2 Proposed Order, # 3 Certificate of Service)(GECKLE, PATRICK) (Entered: 10/03/2019)

1 Exhibit "A" Amended Complaint

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2 Proposed Order

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3 Certificate of Service

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Oct. 3, 2019

Oct. 3, 2019

PACER
15

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by CITY OF CHESTER.Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
16

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE ROBERT F. KELLY TO HONORABLE PAUL S. DIAMOND FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/11/2019. 10/15/2019 ENTERED AND COPIES E-MAILED.(nd, ) (Entered: 10/15/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
17

ORDERED THAT DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO AMEND THE COMPLAINT IS GRANTED. THE CITY OF CHESTER SHALL FILE A RESPONSE TO THE MOTION TO AMEND NOT LATER THAN 10/31/2019. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/11/2019.10/15/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/15/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
18

STANDING ORDER OUTLINED HEREIN.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/15/2019. 10/15/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
19

MOTION for Summary Judgment filed by CITY OF CHESTER.Brief, Certificate of Service. (Attachments: # 1 Exhibit A-K, # 2 Exhibit L part 1, # 3 Exhibit L part 2, # 4 Exhibit L part 3, # 5 Exhibit M-N)(CUMMINS, NICHOLAS) (Entered: 10/30/2019)

1 Exhibit A-K

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2 Exhibit L part 1

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3 Exhibit L part 2

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4 Exhibit L part 3

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5 Exhibit M-N

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Oct. 30, 2019

Oct. 30, 2019

PACER
20

RESPONSE in Opposition re 14 MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by CITY OF CHESTER. (CUMMINS, NICHOLAS) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
21

MOTION for Leave to File Brief in Excess of Page Limit filed by CITY OF CHESTER.Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
22

ORDER UPON CONSIDERATION OF DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT (DOC. NO. 21 ), IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/1/2019. 11/1/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
23

CORRESPONDENCE FROM ALAN M. FELDMAN, ESQ., DATED 11/5/2019.(rt) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
24

ORDER UPON CONSIDERATION OF THE PARTIES' JOINT LETTER REQUEST (DOC. NO. 23 ), IT IS HEREBY ORDERED THAT, PURSUANT TO THE PARTIES' AGREEMENT, MY DECISION ON PLAINTIFF'S MOTION TO AMEND (DOC. NO. 14 ) HIS COMPLAINT IS DEFERRED PENDING MY DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19 ).SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/5/2019. 11/5/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
25

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment filed by KENARD PITNEY.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(GECKLE, PATRICK) (Entered: 11/07/2019)

1 Proposed Order

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2 Certificate of Service

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Nov. 7, 2019

Nov. 7, 2019

PACER
26

ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR EXTENSION OF TIME (DOC. NO. 25 ) TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19 ), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION IS GRANTED. PLAINTIFF SHALL RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BY NOVEMBER 20, 2019 AT 5:00 P.M.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/7/2019. 11/7/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
27

RESPONSE to Statement of Undisputed Material Facts re 19 MOTION for Summary Judgment filed by KENARD PITNEY. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Certificate of Service)(GECKLE, PATRICK) Modified on 11/21/2019 (lisad, ). (Entered: 11/20/2019)

1 Proposed Order

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Certificate of Service

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Nov. 20, 2019

Nov. 20, 2019

PACER
28

Plaintiff's Exhibit 1 (surveillance video) for Plaintiff's Response to Defendant's Motion to Summary Judgment. (Disk attached in envelope) (mbh, ) (Entered: 11/25/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
29

LETTER REQUEST FROM ALAN M. FELDMAN, ESQ., DATED 11/22/2019.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/25/2019. 11/25/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER

Exhibit

Nov. 25, 2019

Nov. 25, 2019

PACER
30

ORDERED THAT PLAINTIFF'S REQUEST IS GRANTED. PLAINTIFF SHALL FILE ITS CORRECTED BRIEF FORTHWITH. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/25/2019. 11/26/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 11/26/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
31

Amended RESPONSE to Statement of Undisputed Material Facts re 19 MOTION for Summary Judgment filed by KENARD PITNEY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(FELDMAN, ALAN) Modified on 11/27/2019 (lisad, ). (Entered: 11/26/2019)

1 Text of Proposed Order

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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Nov. 26, 2019

Nov. 26, 2019

PACER
32

REPLY Brief in Support re 19 MOTION for Summary Judgment filed by CITY OF CHESTER. Certificate of Service. (CUMMINS, NICHOLAS) Modified on 12/2/2019 (lisad, ). (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
33

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/20/2020. 5/21/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/21/2020)

May 20, 2020

May 20, 2020

RECAP
34

ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS SHALL RESPOND TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT NO LATER THAN 5/28/2020. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/20/2020. 5/21/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/21/2020)

May 20, 2020

May 20, 2020

RECAP
35

CORRESPONDENCE FROM NICHOLAS A. CUMMINS, DATED MAY 22, 2020, by CITY OF CHESTER (rt) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
36

ORDERED THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE CLERK OF COURT SHALL DOCKET PLAINTIFFS AMENDED COMPLAINT. DEFENDANTS SHALL MOVE, ANSWER, OR OTHERWISE REPLY BY 6/9/2020. IT IS FURTHER ORDERED THAT CLASS CERTIFICATION MOTIONS ARE DUE 8/7/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON FRIDAY, 8/28/2020 AT 1 PM IN COURTROOM 14A. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/27/2020.5/27/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
37

AMENDED COMPLAINT against CITY OF CHESTER, JOHN DOE 1, JOHN DOE 2, filed by KENARD PITNEY.(sg, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

Clearinghouse
38

NOTICE of Appearance by ANDREW KEVIN MITNICK on behalf of KENARD PITNEY with Certificate of Service(MITNICK, ANDREW) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
39

MOTION to Amend/Correct 34 Order (Memorandum and/or Opinion),, Set Motion and R&R Deadlines/Hearings, to Certify for Appeal filed by CITY OF CHESTER.Brief, Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
40

ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANT'S MOTION TO AMEND ORDER TO CERTIFY FOR APPEAL BY 6/8/20 AT 12:00 P.M.; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/3/20. 6/4/20 ENTERED AND E-MAILED.(JL ) (Entered: 06/04/2020)

June 3, 2020

June 3, 2020

PACER
41

NOTICE of Appearance by DAVID J. MACMAIN on behalf of CITY OF CHESTER with Certificate of Service(MACMAIN, DAVID) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
42

NOTICE of Appearance by BRIAN H. LEINHAUSER on behalf of CITY OF CHESTER with Certificate of Service(LEINHAUSER, BRIAN) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
43

RESPONSE in Opposition re 39 MOTION to Amend/Correct 34 Order (Memorandum and/or Opinion),, Set Motion and R&R Deadlines/Hearings, to Certify for Appeal filed by KENARD PITNEY. (Attachments: # 1 Certificate of Service)(FELDMAN, ALAN) (Entered: 06/08/2020)

1 Certificate of Service

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June 8, 2020

June 8, 2020

PACER
44

STIPULATION TO PARTIAL DISMISSAL by CITY OF CHESTER, KENARD PITNEY. (sg, ) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
45

ORDER THAT DEFENDANT'S MOTION TO AMEND ORDER TO CERTIFY APPEAL (DOC. 39 ) IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/9/2020.6/9/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
46

ORDERED THAT THE PARTIES' PARTIAL STIPULATION TO DISMISS (DOC. 44 ) IS APPROVED AND ADOPTED AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/9/2020. 6/9/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
47

ANSWER to 37 Amended Complaint by CITY OF CHESTER.(CUMMINS, NICHOLAS) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
48

MOTION to Compel Response to RFP filed by KENARD PITNEY.Certificate of Service. (Attachments: # 1 Certificate of Service)(FELDMAN, ALAN) (Entered: 06/29/2020)

1 Certificate of Service

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June 29, 2020

June 29, 2020

PACER
49

MOTION for Extension of Time to Complete Discovery filed by CITY OF CHESTER.Certificate of Service.(LEINHAUSER, BRIAN) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
50

RESPONSE to Motion re 48 MOTION to Compel Response to RFP filed by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
51

*VACATED PER # 52 FILED 6/30/20* ORDER THAT DEFENDANT PROVIDE FULL AND COMPLETE RESPONSES TO PLAINTIFF'S REQUESTS FOR DOCUMENTS AND INITIAL DISCLOSURES NO LATER THAN 6/30/20, AT 5:00 PM. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/29/20.6/30/20 ENTERED AND COPIES E-MAILED.(amas, ) Modified on 7/1/2020 (lisad, ). (Entered: 06/30/2020)

June 29, 2020

June 29, 2020

PACER
52

ORDER THAT DEFENDANTS MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY IS GRANTED. THE 6/29/2020 ORDER IS VACATED. PLAINTIFF SHALL RESPOND TO ALL WRITTEN CLASS DISCOVERY REQUESTS BY 7/10/2020. CLASS CERTIFICATION MOTIONS DUE 8/17/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON 9/2/2020 AT 1:00 PM. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/30/2020.6/30/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Main Document 52 replaced on 6/30/2020) (sg, ). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
53

MOTION Extend Scheduling Order Deadlines filed by KENARD PITNEY.Certificate of Service.(FELDMAN, ALAN) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
54

ORDER THAT PLAINTIFFS MOTION TO EXTEND SCHEDULING ORDER DEADLINES IS GRANTED. PARTIES SHALL COMPLETE ALL CLASS DISCOVERY BY 9/2/2020. PLAINTIFF SHALL FILE HIS CLASS CERTIFICATION MOTION BY 9/16/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON THURSDAY 1O/15/2020 AT 2:00 PM IN COURTROOM 14A. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/22/2020.7/22/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
55

Statement from All Counsel regarding Class Discovery and Mediation by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
56

ORDER THAT DEFENDANT'S LETTER REQUEST (DOC. 55 ) TO EXTEND THE CLASS DISCOVERY DEADLINES IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/11/2020. 8/11/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
57

Letter to Honorable Paul S. Diamond by KENARD PITNEY.. (FELDMAN, ALAN) Modified on 9/8/2020 (lisad, ). (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
58

ORDERED THAT THE PARTIES JOINTLY CONTACT JUDGE RICE'S CHAMBERS FORTHWITH TO SCHEDULE A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/3/2020. 9/3/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
59

NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR SEPTEMBER 30, 2020 AT 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
60

ORDERED THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR THE SCHEDULING OF A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/8/2020. 9/11/2020 ENTERED AND COPIES E-MAILED.(sg, ) Modified on 9/14/2020 (lisad, ). (Entered: 09/11/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
61

MOTION to Certify Class filed by KENARD PITNEY.Motion to Certify Class. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(FELDMAN, ALAN) (Entered: 09/16/2020)

1 Text of Proposed Order

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2 Exhibit

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Sept. 16, 2020

Sept. 16, 2020

RECAP
62

Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Pretrial Conference held on 9/22/2020. (sg, ) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
63

NOTICE of Appearance by ANDREW J. DAVIS on behalf of CITY OF CHESTER with Certificate of Service(DAVIS, ANDREW) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
64

RESPONSE in Opposition re 61 MOTION to Certify Class filed by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
65

Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference held on 9/30/20. (amas, ) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
66

REPLY to Response to Motion re 61 MOTION to Certify Class filed by KENARD PITNEY. (FELDMAN, ALAN) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
67

Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Status Conference held on 10/15/2020. (sg, ) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
68

Statement regarding Upcoming Events by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
69

SCHEDULING ORDER: THAT UPON CONSIDERATION OF THE PARTIES JOINT LETTER REGARDING UPCOMING EVENTS (DOC. NO. 68) IT IS ORDERED THAT THE FOLLOWING DEADLINES ARE APPROVED FOR THE PERIOD BETWEEN TODAY AND DECEMBER 31ST, 2020AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/20/2020. 10/20/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
70

Pl. Memo re New Strip Search Policy. (FELDMAN, ALAN) Modified on 10/30/2020 (lisad, ). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
71

Memorandum Regarding New Strip Search Policy for Implementation. (LEINHAUSER, BRIAN) Modified on 10/30/2020 (lisad, ). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
72

Statement regarding update to proposed matter timeline by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
73

Statement regarding additional update to proposed matter timeline by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
74

Settlement Agreement filed by CITY OF CHESTER.Brief. (Attachments: # 1 Brief, # 2 Exhibit A-F)(LEINHAUSER, BRIAN) Modified on 1/28/2021 (lisad, ). (Entered: 01/27/2021)

1 Brief

View on PACER

2 Exhibit A-F

View on PACER

Jan. 27, 2021

Jan. 27, 2021

Clearinghouse
75

ORDERED AS FOLLOWS: THE TERMS OF THE PARTIES SETTLEMENT AGREEMENT ARE HEREBY CONDITIONALLY APPROVED, SUBJECT TO FURTHER CONSIDERATION THEREOF AT THE FINAL APPROVAL HEARING PROVIDED FOR BELOW. I FIND THAT THE SETTLEMENT IS WITHIN THE RANGE OF REASONABLENESS AND THAT NOTICE OF THE PROPOSED SETTLEMENT SHOULD BE GIVEN AS PROVIDED IN THIS ORDER. A HEARING ON FINAL SETTLEMENT APPROVAL (THE FINAL APPROVAL HEARING) IS HEREBY SCHEDULED TO BE HELD BEFORE THIS COURT, VIRTUALLY, ON MONDAY,MAY 17, 2021 AT 1 PM, TO CONSIDER THE FAIRNESS, THE REASONABLENESS, AND ADEQUACY OF THE PROPOSED SETTLEMENT, THE DISMISSAL WITH PREJUDICE OF THIS CLASS ACTION WITH RESPECT TO THE RELEASED PARTIES THAT IS THE DEFENDANT HEREIN, AND THE ENTRY OF FINAL JUDGMENT IN THIS CLASS ACTION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/3/2021. 2/4/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 02/04/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
76

MOTION for Final Approval of Class Action Settlement, For an Award of Attorneys' Fees, and for Approval of Incentive Award to the Class Representative filed by KENARD PITNEY. Memorandum.(FELDMAN, ALAN) Modified on 5/11/2021 (tjd). (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

RECAP
77

Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND FAIRNESS HEARING held on 5/17/21. (JL ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
78

ORDER I WILL APPROVE THE SETTLEMENT, WHICH IS FAIR, ADEQUATE, AND REASONABLE. I WILL ALSO APPROVE CLASS COUNSELS REQUEST FOR ATTORNEYS FEES, EXPENSES, AND INCENTIVE PAYMENTS. AN APPROPRIATE JUDGMENT FOLLOWS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/18/2021. 5/19/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
79

ORDERED AS FOLLOWS: PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DOC. NO. 76) AND MOTION TO CERTIFY CLASS (DOC. NO. 61) ARE GRANTED; PLAINTIFFS MOTION FOR ATTORNEYS FEES (DOC. NO. 76) IS GRANTED. COUNSEL IS AWARDED $275,000. CLASS REPRESENTATIVE PITNEY IS AWARDED A $25,000 INCENTIVE PAYMENT; ALL CLAIMS ASSERTED BY PLAINTIFFS AND THE CLASS AGAINST DEFENDANT ARE DISMISSED WITH PREJUDICE IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT. THE CLERK OF COURT SHALL CLOSE THIS CASE. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/18/2021.5/19/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
80

CORRESPONDENCE FROM PATRICK G. GECKLE, ESQ., DATED 6/30/2021.(rt) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
81

ORDER UPON CONSIDERATION OF PLAINTIFF'S LETTER (DOC. NO. 80 ), INFORMING ME THAT DEFENDANT HAS NOT CONFIRMED WHEN PAYMENT OF THE JUDGMENT WILL OCCUR, IT IS HEREBY ORDERED THAT DEFENDANT SHALL RESPOND TO THE LETTER NO LATER THAN TOMORROW, JULY 1, 2021 AT NOON. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/30/2021. 6/30/2021 ENTERED AND COPIES E-MAILED.(rt) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
82

Letter dated July 1, 2021 by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Policing

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A man who was arrested for a minor offense, subjected to a strip search without probable cause, and ultimately not charged with any crime.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Chester (Chester, Delaware), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $300,000

Order Duration: 2021 - None

Issues

General/Misc.:

Pattern or Practice

Policing:

Strip search policy (policing)