Case: Anderson v. Cornejo

1:97-cv-07556 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 27, 1997

Closed Date: Feb. 3, 2006

Clearinghouse coding complete

Case Summary

In this case, African–American women alleged that they were subjected to improper searches at customs in O'Hare International Airport in Chicago, Illinois. The case was initially brought by a single plaintiff in October 1997. In May 1998, a class action complaint was filed with 18 named plaintiffs. In 1999, another case was filed by 38 African-American women. Although each case was filed separately, the claims were essentially identical. The plaintiffs alleged that employees of the U.S. Customs…

In this case, African–American women alleged that they were subjected to improper searches at customs in O'Hare International Airport in Chicago, Illinois. The case was initially brought by a single plaintiff in October 1997. In May 1998, a class action complaint was filed with 18 named plaintiffs. In 1999, another case was filed by 38 African-American women. Although each case was filed separately, the claims were essentially identical. The plaintiffs alleged that employees of the U.S. Customs Service at Chicago’s O’Hare International Airport discriminatorily selected them for nonroutine personal services. These searches were allegedly conducted without probable cause. The plaintiffs alleged that they were taken into small, windowless rooms and strip searched. The defendants then allegedly conducted body cavity searches by forcing the women to face a wall and bend over. Sometimes, the plaintiffs were allegedly transported to a hospital where they were x-rayed and forced to undergo a gynecological examination. The plaintiffs contended that they had not been informed of their rights and were held incommunicado. Customs maintained records of these searches and allegedly no contraband was ever found.

The cases were consolidated in the Northern District of Illinois before Judge William Hart. The claims varied slightly between the different cases. The individual named plaintiffs asserted four claims specific to their cases:

  1. An equal protection claim that Customs inspectors targeted African-American women for nonroutine person searches in violation of the Fourteenth Amendment;
  2. A Fourth Amendment claim that Customs inspectors lacked sufficient cause to seize, detain, and search plaintiffs;
  3. A Federal Tort Claims Act claim against the United States alleging that the conduct of individual defendants constituted false imprisonment, assault, and battery;
  4. A Fourth and Fifth Amendment claim that Customs inspectors denied due process by not obtaining judicial authorization for the searches and by holding plaintiffs in communicado.
  5. An allegation that the defendants violated the plaintiffs’ right to privacy by maintaining logs of who was searched.

On behalf of a putative class of African-American women who were subjected to nonroutine personal searches at O’Hare, the plaintiffs alleged five more claims:

  1. An equal protection claim that supervisory employees failed to take proper action to prevent the discriminatory selection of African-American women for nonroutine personal searches;
  2. A Fourth Amendment claim that supervisory Customs employees failed to take proper action to prevent or stop the illegal seizures, searches, and detentions;
  3. A Fourth and Fifth Amendment due process claim that supervisory Customs employees promulgated and executed a policy and practice allowing the Customs inspectors, on nothing more than alleged reasonable suspicion, to detain plaintiffs in communicado for an indefinite amount of time and conduct non-routine personal searches without judicial authorization;
  4. A claim that supervisory employees conspired together in violation of 42 U.S.C. § 1985(3) to commit the allegedly unconstitutional searches;
  5. An Administrative Procedure Act claim alleging that the officials promulgated the aforementioned policy and practice.

The case was filed in the Northern District of Illinois and assigned to Judge William Hart. In October of 1997, an individual plaintiff brought this claim. The plaintiffs sought declaratory and injunctive relief on a class-wide basis, and the individual named plaintiffs also sought damages.

That putative class action was voluntarily dismissed in July 1998, while the single plaintiff filed an amended complaint. Even after a third amended complaint was filed, Judge Hart denied class certification. 1999 WL 35307. No motion for class certification had ever been filed, so Judge Hart dismissed these claims without prejudice. In the same opinion, Judge Hart also dismissed the invasion of privacy claims because he found that the plaintiff’s right to privacy was not violated by the defendants’ record-keeping.

In April 1999, Judge Hart dismissed allegations against some defendants as barred under the statute of limitations. 1999 WL 258501. The parties continued to litigate and engaged in a variety of discovery disputes.

On March 10, 2000, Judge Hart certified a class consisting of “All African–American women who (a) after May 7, 1998 were and likely in the future will be or (b) will in the future be: subjected to nonroutine personal searches by United States Customs employees at O'Hare International Airport and who were or will be detained for 24 hours or less.” 199 F.R.D. 228. Judge Hart also held that customs inspectors were entitled to qualified immunity for nonintrusive searches, but denied qualified immunity to officers who conducted intrusive searches without reasonable suspicion.

Judge Hart denied the defendants’ motion for summary judgment based on qualified immunity for managerial employees on March 14, 20020. 225 F.Supp.2d 834. The defendants filed interlocutory appeals, and on January 21, 2004, the Seventh Circuit reversed the district court. The Seventh Circuit held that managerial employees were entitled to qualified immunity, unless plaintiffs could show that managers (who did not target or participate in the alleged searches) displayed deliberate indifference toward the complained-of discrimination. 355 F.3d 1021.

On September 4, 2003,Judge Hart ruled on defendants' motion for summary judgment. 284 F.Supp.2d 1008. He held that at least some of the searches violated the Fourth Amendment, and also held that the plaintiffs had sufficiently showed that the defendants violated the equal protection rights of several plaintiffs. Judge Hart denied qualified immunity for the claims related to strip searches, but granted qualified immunity with regards to claims alleging that officers lacked sufficient cause for pat-down searches.

Finally, on February 3, 2006, the parties settled for $1.93 million. Attorneys fees and costs were to be taken out of this lump sum.

Summary Authors

Jordan Katz (10/24/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5119835/parties/anderson-v-cornejo/


Judge(s)

Cudahy, Richard Dickson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Hart, William Thomas (Illinois)

Ripple, Kenneth Francis (Indiana)

Attorneys(s) for Plaintiff

Arimond, Bridget (Illinois)

Belcaster, John F. (Illinois)

Carter, Derrick A. (Indiana)

Cummings, Jeffrey Irvine (Illinois)

Fox, Edward M. (Illinois)

Legenza, Sharon K. (Illinois)

Judge(s)

Cudahy, Richard Dickson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Hart, William Thomas (Illinois)

Ripple, Kenneth Francis (Indiana)

Attorneys(s) for Plaintiff

Arimond, Bridget (Illinois)

Belcaster, John F. (Illinois)

Carter, Derrick A. (Indiana)

Cummings, Jeffrey Irvine (Illinois)

Fox, Edward M. (Illinois)

Legenza, Sharon K. (Illinois)

Miner, Judson Hirsch (Illinois)

Murphy, Clyde E. (Illinois)

Shefler, Alan J. (Illinois)

Strauss, Paul Leonard (Illinois)

Wilson, Cynthia A. (Illinois)

Attorneys(s) for Defendant

Cunniff, Kenneth L. (Illinois)

Fitzgerald, Patrick J. (Illinois)

Haile, Jonathan C. (Illinois)

Hall, David Craig (Illinois)

Kuhn, James M Sr (Illinois)

Other Attorney(s)

Huston, Gerald W. (Illinois)

Documents in the Clearinghouse

Document

1:97-cv-07556

Docket [PACER]

Jan. 12, 2011

Jan. 12, 2011

Docket
48

1:97-cv-07556

Memorandum Opinion and Order

1999 WL 35307

Jan. 11, 1999

Jan. 11, 1999

Order/Opinion
82

1:97-cv-07556

Memorandum Opinion and Order

1999 WL 258501

April 21, 1999

April 21, 1999

Order/Opinion

1:97-cv-07556

0:99-cv-03786

Memorandum Opinion and Order

199 F.R.D. 228

March 10, 2000

March 10, 2000

Order/Opinion
341

1:97-cv-07556

Memorandum Opinion and Order

225 F.Supp.2d 834

March 14, 2002

March 14, 2002

Order/Opinion
431

1:97-cv-07556

*1016 Memorandum Opinion and Order

284 F.Supp.2d 1008

Sept. 4, 2003

Sept. 4, 2003

Order/Opinion

0:02-02234

0:02-02248

Opinion

U. S. Court of Appeals for the Seventh Circuit

355 F.3d 1021

Jan. 21, 2004

Jan. 21, 2004

Order/Opinion
474

1:97-cv-07556

Master Settlement Agreement

Feb. 3, 2006

Feb. 3, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5119835/anderson-v-cornejo/

Last updated Aug. 6, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Civil cover sheet - Appearance(s) of Edward M. Fox as attorney(s) for plaintiff Sharon Anderson ( two originals and two copies summons(es) issued.) ( Documents: 1-1 through 1-3) (fce) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

PACER

RECEIPT regarding payment of filing fee paid; on 10/27/97 in the amount of $ 150.00, receipt # 501975. (fce)

Oct. 27, 1997

Oct. 27, 1997

PACER
2

MOTION by defendant Mario Cornejo to set time to answer or otherwise plead to complaint ; Notice of motion. (Temporarily unavailable for docketing.) (dmkf) (Entered: 11/24/1997)

Nov. 13, 1997

Nov. 13, 1997

PACER
3

MINUTE ORDER of 11/20/97 by Hon. William T. Hart: Motion of defendant for extension of time until 12/29/97 within which to answer or otherwise plead is granted [2-1]. Status hearing set for 1/8/98 at 9:15 a.m. Mailed notice (dmkf) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

PACER
5

MOTION by defendant Mario Cornejo for an enlargement of time to answer or otherwise plead to complaint ; Notice of motion. (Temporarily unavailable for docketing.) (dmkf) (Entered: 01/09/1998)

Dec. 29, 1997

Dec. 29, 1997

PACER
4

ANSWER to the complaint by defendant Mario Cornejo (rmm) (Entered: 01/02/1998)

Dec. 31, 1997

Dec. 31, 1997

PACER
6

MINUTE ORDER of 1/8/98 by Hon. William T. Hart: Defendant Mario Cornejo's motion for extension of time to answer or otherwise plead to complaint [5-1] is moot. Defendant has filed his answer on 12/31/97. Order all discovery to be completed by 05/11/98. Status hearing held and continued to 2/19/98 at 9:15 a.m. Mailed notice (dmkf) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

PACER
8

MOTION by plaintiff for leave to file amended complaint (Attachment); Notice of motion. (Temporarily unavailable for docketing.) (dmkf) (Entered: 01/20/1998)

Jan. 9, 1998

Jan. 9, 1998

PACER
7

AMENDED COMPLAINT for violation of civil rights [1-1] by plaintiff; jury demand terminating defendant 3 Unnamed Inspectors; adding Olga Martinez, Jennifer Usleber; Notice of filing. (dmkf) (Entered: 01/20/1998)

Jan. 15, 1998

Jan. 15, 1998

PACER
9

MINUTE ORDER of 1/15/98 by Hon. William T. Hart: Plaintiff's motion for leave to file, instanter, amended complaint is granted [8-1]. Newly named defendants' Marie Sheely, Olga Matinez and Jennier Usleber are given two week extension of time within which to answer or otherwise plead to the complaint. Court's previously set status hearing date of 02/19/98 at 9:15 a.m. shall stand. Mailed notice (dmkf) (Entered: 01/20/1998)

Jan. 15, 1998

Jan. 15, 1998

PACER

SUMMONS and three copies issued as to defendants Marie Sheehy, Olga Martinez, Jennifer Usleber (dmkf)

Jan. 15, 1998

Jan. 15, 1998

PACER
10

ANSWER to the amended complaint by defendant Mario Cornejo (dmkf) (Entered: 01/22/1998)

Jan. 21, 1998

Jan. 21, 1998

PACER
11

RETURN OF SERVICE of summons and complaint executed upon defendant Marie Sheehy on 1/21/98 (Attachment). (dmkf) (Entered: 01/29/1998)

Jan. 28, 1998

Jan. 28, 1998

PACER
12

RETURN OF SERVICE of service of summons and complaint executed upon defendant Olga Martinez on 1/21/98 (Attachment). (dmkf) (Entered: 01/30/1998)

Jan. 29, 1998

Jan. 29, 1998

PACER
13

ANSWER to the amended complaint by defendants Olga Martinez, Jennifer Usleber (dmkf) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

PACER

SCHEDULE set on 2/19/98 by Hon. William T. Hart : Status hearing held and continued to 9:15 5/12/98 . no notice (fce)

Feb. 19, 1998

Feb. 19, 1998

PACER
14

RETURN OF SERVICE executed upon defendant Jennifer Usleber on 1/21/98 (yap) (Entered: 03/04/1998)

March 3, 1998

March 3, 1998

PACER
15

MOTION by plaintiff for leave to file an amended complaint (Exhibit); Notice of motion. (dmkf) (Entered: 04/20/1998)

April 17, 1998

April 17, 1998

PACER
17

MINUTE ORDER of 4/23/98 by Hon. William T. Hart: Plaintiffs motion for leave to file an amended complaint adding as a defendant C. Czeck is granted [15-1]. Discovery closing date is extended to 05/28/98. Status hearing date of 05/12/98 is stricken. Status hearing reset for 5/28/98 at 9:15 a.m. Mailed notice (dmkf) (Entered: 04/27/1998)

April 23, 1998

April 23, 1998

PACER
16

NOTICE of motion by plaintiff regarding motion for leave to file an amended complaint [15-1] (dmkf) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

PACER
18

SECOND AMENDED COMPLAINT [7-1] by plaintiff; jury demand; adding C Czech; Notice of filing. (dmkf) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER

SUMMONS and two copies issued as to defendant C. Czech (dmkf)

April 27, 1998

April 27, 1998

PACER
19

MOTION by plaintiff to compel defendant to comply with plaintiff production request (Exhibits); Notice of motion. (dmkf) (Entered: 05/28/1998)

May 21, 1998

May 21, 1998

PACER
20

MINUTE ORDER of 5/26/98 by Hon. William T. Hart : Status hearing held and continued to 9/1/98 at 9:15 a.m. Plaintiff's motion to compel defendant to comply with plaintiff production request is denied without prejudice [19-1]. Discovery closing date is extended to 08/26/98. Mailed notice (dmkf) (Entered: 05/28/1998)

May 26, 1998

May 26, 1998

PACER
21

MOTION by defendants for reassignment based on relatedness (Attachments); Notice of motion. (dmkf) (Entered: 06/12/1998)

June 2, 1998

June 2, 1998

PACER
22

MINUTE ORDER of 6/11/98 by Hon. William T. Hart: Plaitiff's objections' motion for reassignment based on relatedness to be filed by 06/18/98 [21-1]. Reply brief due 6/25/98. Ruling set for 07/09/98 at 9:15 a.m. Mailed notice (dmkf) (Entered: 06/12/1998)

June 11, 1998

June 11, 1998

PACER
23

RESPONSE by plaintiff to defendant's motion for reassignment based on relatedness [21-1] (Attachments); Notice of filing (rmm) (Entered: 06/19/1998)

June 18, 1998

June 18, 1998

PACER
24

ANSWER to the second amended complaint by defendants Jennifer Usleber, Olga Martinez, Mario Cornejo, C Czech (dmkf) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

PACER
25

REPLY by defendants in support of their motion for reassignment based on relatedness [21-1] (dmkf) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

PACER
26

MEMORANDUM of fact and law by plaintiff in support of plaintiff's motion to supplement for leave to file a sur-reply brief (Exhibit). (dmkf) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

PACER
27

DECLARATION by Edward M. Fox; Notice of filing. (dmkf) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

PACER
28

MOTION by plaintiff for leave to file a sur-reply to defendants' motion for reassignment for relatedness ; Notice of motion. (dmkf) (Entered: 07/08/1998)

July 2, 1998

July 2, 1998

PACER
29

MINUTE ORDER of 7/7/98 by Hon. William T. Hart: Plaintiff's motion for leave to file a sur-reply to defendants' motion for reassignment for relatedness [28-1] is denied as being moot. No notice (dmkf) (Entered: 07/08/1998)

July 7, 1998

July 7, 1998

PACER
30

MINUTE ORDER of 7/9/98 by Hon. William T. Hart: Status hearing held. Plaintiff's oral motion to voluntarily dismiss case is granted. Case is dismissed without prejudice, Plaintiff's counsel orally informs the court that he will file an amended complaint in related case # 98C 2829 adding plaintiff Sharon Anderson as an additional party plaintiff terminating case . Mailed notice (dmkf) Modified on 07/13/1998 (Entered: 07/13/1998)

July 9, 1998

July 9, 1998

PACER
31

THIRD AMENDED COMPLAINT for violation of civil rights [18-1] by plaintiff; jury demand terminating defendant Marie Sheehy; adding Doris Chalk, Damara Ross, Christina Dukes, Patricia Appleton, Yvette Casey, Desrine Booth, Tanya Byrd-Brown, Laguina Clay-Clark, Sandra Faye Coleman, Michelle Hassan, Emmanita Hendricks, Debra - Jackson, Katie Jackson, Hirsteen Jefferson, Jacquline Jones, Jean Jones, Jacquelyn Jordan, Karla Waugh, Michelle Thompson, Jacqueline Waller, Catina Russell, Lucy Singleton, Danella Parks, Necole King, Arcadia Letkemann, Iris Lidell, Ruby Mendenhall, Jackie Miller, Katherine Milner, Ruby Pittman, Kenyatta Parvez, Gwendolyn Richards, Gina Phillips, Yvette Price, Adunni allen, Evelyn Shelton, Stacey harris, Sharon Clark, Denise Pullian, Karen Blocker, Mildred Martinia, Millicent Brown, Jamie Brown, Marie Hynes, Christina Dukes; Notice of filing. (dmkf) (Entered: 07/29/1998)

July 23, 1998

July 23, 1998

PACER
32

MINUTE ORDER of 7/30/98 by Hon. William T. Hart : Status hearing held and continued to 9/17/98 at 9:15 a.m., Court's order dated 07/09/98 voluntarily dismissing this case is stricken. Case is reopened. Plaintiffs' third amended complaint filed 07/23/98 ato stand reopening the case . Mailed notice (dmkf) (Entered: 08/03/1998)

July 30, 1998

July 30, 1998

PACER
33

MOTION by plaintiff for leave to file a fourth amended complaint ; Notice of motion. (dmkf) (Entered: 09/18/1998)

Sept. 15, 1998

Sept. 15, 1998

PACER
34

MINUTE ORDER of 9/17/98 by Hon. William T. Hart : Status hearing held and continued to 10/20/98 at 9:30 a.m. Plaintiffs' motion for leave to file a fourth amended complaint is granted [33-1]. Fourth amended complaint to be filed instanter. No notice (dmkf) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
35

FOURTH AMENDED COMPLAINT for violation of civil rights [31-1] by plaintiff; jury demand; adding defendants Diez, L Wegrzyn, M Belcastr, G - Taylor, T Mitchell, M Sheehy, A Reyther, S Ko, J Jones, S Garza, A Kaskel, S D Gooding, D Biagioni, R Personett, T Hegerich, N S Hoteko, Gennifer Plokin, Doctor Dorfman; Notice of filing. (dmkf) (Entered: 09/24/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
36

MOTION by plaintiff for leave to file additional appearance of counsel Derrick A. Carter ; Notice of motion. (dmkf) (Entered: 10/22/1998)

Oct. 19, 1998

Oct. 19, 1998

PACER
37

MINUTE ORDER of 10/21/98 by Hon. William T. Hart: Status hearing held. Plaintiff's motion for leave to file additional appearance of counsel Derrick A. Carter pro hac vice, is granted [36-1]. Defendants' given until 11/09/98 to file their motion to dismiss with supporting brief. Plaintiffs' answer brief to be filed by 11/23/98. Reply to answer brief due 12/09/98. Ruling date set for 01/12/99 at 9:15 a.m. Mailed (dmkf) (Entered: 10/22/1998)

Oct. 21, 1998

Oct. 21, 1998

PACER
38

APPLICATION for leave to appear pro hac vice by Derrick A. Carter for plaintiff Sharon Anderson ; Order entered granting leave by Hon. William T. Hart (dmkf) (Entered: 10/22/1998)

Oct. 21, 1998

Oct. 21, 1998

PACER
39

MOTION by federal defendant to dismiss case, or in alternative for a more definite statement . (dmkf) Modified on 11/10/1998 (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
40

MEMORANDUM by federal defendants in support of motion to dismiss case [39-1], or in the alternative motion for a more definite statement [39-2] (dmkf) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
41

ANSWER and affirmative defenses of defendants Jennifer Plotkin, M.D. and Marc Dorfman, M.D. by defendants Gennifer Plokin, Doctor Dorfman (dmkf) (Entered: 11/17/1998)

Nov. 13, 1998

Nov. 13, 1998

PACER
42

ATTORNEY APPEARANCE for defendants Gennifer Plokin, Doctor Dorfman by David C. Hall, Jason Ayres Parson, William Andrew Rakoczy (dmkf) (Entered: 11/17/1998)

Nov. 13, 1998

Nov. 13, 1998

PACER
43

RESPONSE by plaintiff to defendant's motion to dismiss [39-1] (Exhibits); Notice of filing. (dmkf) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
44

REPLY by defendants Mario Cornejo, C Czech in support of federal defendants' motion to dismiss [39-1], or in the alternative, for a more definite statement [39-2] (dmkf) (Entered: 12/10/1998)

Dec. 7, 1998

Dec. 7, 1998

PACER
46

MOTION by plaintiff for leave to file a sur-reply to defendants' motion to dismiss ; Notice of motion. (dmkf) (Entered: 12/31/1998)

Dec. 21, 1998

Dec. 21, 1998

PACER
45

SUR REPLY by plaintiffs to defendant's motion to dismiss (Exhibits) [39-1]; Notice of filing (ac) (Entered: 12/29/1998)

Dec. 28, 1998

Dec. 28, 1998

PACER
47

MINUTE ORDER of 12/29/98 by Hon. William T. Hart: Plaintiff's motion for leave to file a sur-reply to defendants' motion to dismiss is granted [46-1]. Ruling date of 01/12/99 on motion to dismiss [39-1] is stricken. Ruling will be by mail. No notice (dmkf) (Entered: 12/31/1998)

Dec. 29, 1998

Dec. 29, 1998

PACER
48

MEMORANDUM, OPINION, AND ORDER (dmkf) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

PACER
49

MINUTE ORDER of 1/8/99 by Hon. William T. Hart : Class certification denied. Putative class claims dismissed without prejudice. By 01/19/99 attorneys shall file appropriate appearance forms and appropriate representatives substituted in for Christina Dukes, Jamie Brown, and Mildred Martinia. Motions to dismiss case [39-1], [39-2] and for a more definite statement is granted in part and denied in part. By 01/25/99 plaintiffs shall file a more definite statement. (See draft). Count II substantive due process claim and count IV are dismissed. By 01/25/99 federal defendants shall file a brief regarding official capacity and standing. By 02/01/99 federal defendants shall answer the fourth amended complaint. Document discovery to be completed by 03/12/99. All discovery to be completed by 06/30/99. Status hearing set for 2/4/99 at 9:15a.m. for presentation of a discovery scheduling plan. Mailed notice(dmkf) Modified on 01/11/1999 (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

PACER
50

ATTORNEY APPEARANCE for plaintiffs by Edward M. Fox, Garrett Browne (dmkf) (Entered: 01/21/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
56

FIFTH AMENDED COMPLAINT [35-1] by plaintiff adding plaintiff Debra Owens; jury demand; Notice of filing. (dmkf) Modified on 02/05/1999 (Entered: 02/05/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
51

WAIVER of service of summons as to defendant Marie Sheehy sent on 9/17/98 (dmkf) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

PACER
52

WAIVER of service of summons as to defendant Doctor Dorfman sent on 9/17/98 (dmkf) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

PACER
53

WAIVER of service of summons as to defendant Gennifer Plokin sent on 9/17/98 (dmkf) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

PACER
57

MOTION by federal defendants to dismiss count VI of the complaint ; Notice of motion. (dmkf) (Entered: 02/05/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
58

MEMORANDUM by defendants in support of federal defendants' motion to dismiss count VI of the complaint [57-1] (dmkf) (Entered: 02/05/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
54

STATEMENT by plaintiff for more definite statement (Exhibits); Notice of filing. (dmkf) (Entered: 02/19/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
60

ANSWER to the fith amended cmoplaint by defendants (dmkf) (Entered: 02/05/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
55

ATTORNEY APPEARANCE for plaintiffs Sharon Anderson, Doris Chalk, Damara Ross, Patricia Appleton, Desrine Booth, Tanya Byrd-Brown, Laguina Clay-Clark, Sandra Faye Coleman, Michelle Hassan by Alan J. Shefler (dmkf) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
59

ATTORNEY APPEARANCE for plaintiff Debra Owens by Alan J. Shefler (dmkf) (Entered: 02/05/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
61

ATTORNEY APPEARANCE for plaintiffs Yvette Casey, Denise Pullian, Karen Blocker, Mildred Martinia, Millicent Brown, Jamie Brown, Marie Hynes, Christina Dukes by Alan J. Shefler (dmkf) (Entered: 02/05/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
62

ATTORNEY APPEARANCE for plaintiffs Ruby Pittman, Kenyatta Parvez, Gwendolyn Richards, Gina Phillips, Yvette Price, Adunni Allen, Evelyn Shelton, Stacey Harris, Sharon Clark by Alan J. Shefler (dmkf) (Entered: 02/11/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
63

ATTORNEY APPEARANCE for plaintiffs Jacqueline Waller, Catina Russell, Lucy Singleton, Danella Parks, Necole King, Arcadia Letkemann, Iris Lidell, Ruby Mendenhall, Jackie Miller by Alan J. Shefler (dmkf) (Entered: 02/11/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
64

ATTORNEY APPEARANCE for plaintiffs Emmanita Hendricks, Debra - Jackson, Katie Jackson, Hirsteen Jefferson, Jacquline Jones, Jean Jones, Jacquelyn Jordan Akinola, Karla Waugh, Michelle Thompson by Alan J. Shefler (dmkf) (Entered: 02/11/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
65

MINUTE ORDER of 2/4/99 by Hon. William T. Hart: Plaintiff's answer brief to federal defendants' motion to dismiss count VI of the complaint to be filed by 02/18/99 [57-1]. Reply brief to be filed by 02/25/99. Ruling will be by mail. Status date of 02/04/99 is stricken. Mailed notice (dmkf) (Entered: 02/11/1999)

Feb. 4, 1999

Feb. 4, 1999

PACER
66

AMENDED notice of motion by defendants regarding motion to dismiss for failure to serve defendants within 120 days. (dmkf) (Entered: 02/11/1999)

Feb. 9, 1999

Feb. 9, 1999

PACER
68

AGREED MOTION by defendant to enlarge discovery schedule . (dmkf) (Entered: 02/17/1999)

Feb. 9, 1999

Feb. 9, 1999

PACER
67

MINUTE ORDER of 2/11/99 by Hon. William T. Hart: The Clerk of the Court is directed to amend the docket to reflect that the following plaintiffs appear through their respective representatives: Mildred Martinia by her next friend Karen Blockner; Jamie Brown, a minor, by her mother and next friend Millicent Brown; and Christina Dukes, a minor, by her mother and next friend Beverly Gareave. No notice (dmkf) (Entered: 02/16/1999)

Feb. 11, 1999

Feb. 11, 1999

PACER
69

MINUTE ORDER of 2/16/99 by Hon. James B. Moran: Federal defendants agreed motion to enlarge discovery schedule is granted [68-1]. Written discovery to be completed by 02/26/99. Answers to written discovery to ve served by 04/12/99. Discovery cut-off dated is 07/30/99. Status hearing set for 04/20/99 at 11:00a.m. before the Honorable Judge William T. Hart. Mailed notice (dmkf) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
70

MOTION by defendant to dismiss for failure to serve defendants within 120 days . (dmkf) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
71

MOTION by federal defendants to dismiss plaintiffs Karla Waugh, Gina Phillips, and Christina Dukes for failure to comply with the stature of limitations ; Notice of motion. (dmkf) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
72

MINUTE ORDER of 2/16/99 by Hon. James B. Moran: Federal defendants' motion to dismiss for failure to serve defendants within 120 days granted without prejudice as to defendants Marie Sheehy, Thomas Timohty, and Nopadol Throngpreda and denied as to Patrick Noonan with the direction that he be served by 03/02/99 and continued generally as defendants in paragraph 11. Federal defendants motion to dismiss for failure to comply with the statute of limitations is denied as Christina Dukes only. Answer to motion to be filed by 03/09/99. Reply to answer to be filed by 03/19/99 [70-1] terminating party N Thongreda, party M Sheehy, party T Timothy . Mailed notice (dmkf) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
73

MINUTE ORDER of 2/18/99 by Hon. William T. Hart: The clerk of the court is directed to correct the docket sheet as to item #54 to reflect that is plaintiff's more definite statement, not a motion. (Also, to delete as a pending motion). Mailed notice (dmkf) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
74

RESPONSE by plaintiffs to motions to dismiss plaintiffs Karla Waugh, Gina Phillips, and Christina Dukes for failure to comply with the stature of limitations [71-1], and to dismiss count VI of the complaint [57-1]; with declarations of Evelyn Shelton, Debra Owens, Patricia Appleton and Sharon Clarke; (Exhibits); Notice of filing. (emd) (Entered: 02/22/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
75

MOTION by federal defendants for an extensionof time to file their reply brief . (dmkf) (Entered: 03/01/1999)

Feb. 25, 1999

Feb. 25, 1999

PACER
76

MOTION by federal defendants for an extension of time to file their reply brief (Attachment); Notice of motion (dmkf) (Entered: 03/02/1999)

Feb. 25, 1999

Feb. 25, 1999

PACER
77

MINUTE ORDER of 3/1/99 by Hon. William T. Hart: Federal defendants' motion for an extension of time until 03/04/99 to file their reply brief in support of their motion to dismiss count six of the complaint, noticed for 03/04/99, is advanced and granted [75-1], [71-1], [57-1]. Telephoned notice (dmkf) Modified on 03/02/1999 (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

PACER
78

REPLY memorandum by defendants in support of Federal Defnedants motion to dismiss counts VI of the complaint [71-1], [57-1] (Exhibits). (dmkf) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

PACER
79

RESPONSE by plaintiff to defendant's motion to dismiss plaintiffs Karla Waugh, Gina Phillips, and Christina Dukes for failure to comply with the stature of limitations [71-1]; Notice of filing. (dmkf) (Entered: 03/10/1999)

March 9, 1999

March 9, 1999

PACER
80

REPLY memorandum by defendant in support of federal defendants motion to dismiss plaintiffs Karla Waugh, Gina Phillips, and Christina Dukes for failure to comply with the stature of limitations [71-1] (dmkf) (Entered: 03/22/1999)

March 19, 1999

March 19, 1999

PACER
81

TRANSCRIPT of proceedings for the following date(s): held on 07/09/98, 07/30/98, 10/20/98 before Honorable William T. Hart (3 vols.: 81-1, 81-2, 81-3). (dmkf) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

PACER
82

MEMORANDUM, OPINION, AND ORDER (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
83

MINUTE ORDER of 4/20/99 by Hon. William T. Hart: Federal defendants' motion to dismiss count VI of the complaint granted in part and denied in part [57-1]. As to the gynecological examinations and as against defendants Plokin and Dorfman, count VI is dismissed without prejudice for lack of standing. Federal defendants' motion to dismiss plaintiffs Karla Waugh, Gina Phillips, and Christina Dukes for failure to comply with the statute of limitations is granted in part and denied in part [71-1]. The claims of Waugh are dismissed and Waugh is dismissed from this action. Phillips claims against Desmond and Zayner are dismissed, but her claims against Usleber remain pending terminating party Karla Waugh . No notice (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
84

MOTION by plaintiffs for leave to file instanter pro hac vice application of Clyde E. Murphy ; Notice of motion. (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
85

MOTION by plaintiffs for leave to file additional appearance of counsel instanter of Judson H. Miner, Bridget Arimond, Cynthia A. Wilson and Sharon K. Legenza ; Notice of motion. (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
86

APPLICATION for leave to appear pro hac vice by Clyde Murphy for plaintiff; Order entered granting leave by Hon. William T. Hart motion for leave to file instanter pro hac vice application of Clyde E. Murphy granted [84-1] (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
87

ATTORNEY APPEARANCE for plaintiffs by Judson H. Miner, Bridget Arimond (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
88

ATTORNEY APPEARANCE for plaintiffs by Cynthia A. Wilson, Sharon Kay Legenza (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
89

MINUTE ORDER of 4/20/99 by Hon. William T. Hart: Plaintiffs' motion for leave to file pro hac vice application of Clyde E. Murphy is granted. Plaintiffs' motion for leave to file additional appearance of counsel of Judson H. Miner, Bridget Arimond, Cynthia A. Wilson and Sharon K. Legenza instanter is granted [85-1]. Written discovery extended to 05/07/99. Any motions to compel to be filed by 05/14/99. Defendants given 14 days to fie an answer to any part of complaint that has not been answered, if any. Mailed notice (dmkf) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

PACER
90

LOCAL RULE 12(M) statement by federal defendants in support of the motion for summary judgment against Stacy Harris, Evelyn Shelton, Yvette Casey, Ruby Pittman, Karen Blocker and Katie Jackson (Attachments). (dmkf) (Entered: 05/13/1999)

May 11, 1999

May 11, 1999

PACER
91

ATTORNEY APPEARANCE for plaintiffs by Paul L. Strauss, Jeffrey Irvine Cummings, John F. Belcaster (dmkf) (Entered: 05/13/1999)

May 11, 1999

May 11, 1999

PACER
94

MOTION by federal defendants' for summary judgment against plaintiffs Stacy Harris, Evelyn Shelton, Yvette Casey, Ruby Pittman, Karen Blocker, and Katie Jackson ; Notice of motion. (dmkf) (Entered: 05/21/1999)

May 11, 1999

May 11, 1999

PACER
95

MEMORANDUM by defendants in support of federal defendants' motion for summary judgment against plaintiffs Stacy Harris, Evelyn Shelton, Yvette Casey, Ruby Pittman, Karen Blocker, and Katie Jackson [94-1] (dmkf) (Entered: 05/21/1999)

May 11, 1999

May 11, 1999

PACER
92

THE PARTIES' joint agreed emergency motion by defendants, plaintiffs, to modify the court's current scheduling order ; Notice of emergency motion. (dmkf) (Entered: 05/19/1999)

May 12, 1999

May 12, 1999

PACER

SCHEDULE set on 5/13/99 by Hon. William T. Hart : Status hearing set to 11:00 6/9/99 . No notice (ac)

May 13, 1999

May 13, 1999

PACER
93

MINUTE ORDER of 5/13/99 by Hon. William T. Hart: Parties joint agreed emergency motion to modify the court's current scheduling order is granted [92-1]. The submission of any motions to compel are extended to 05/26/99 and the submission of a deposition plan is extended to 05/28/99 with reservation that the plan may be amended within 5 days of the production of any documents order to be produced pursuant to any motion to compel. No notice (dmkf) (Entered: 05/19/1999)

May 13, 1999

May 13, 1999

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 27, 1997

Closing Date: Feb. 3, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

“All African–American women who (a) after May 7, 1998 were and likely in the future will be or (b) will in the future be: subjected to nonroutine personal searches by United States Customs employees at O'Hare International Airport and who were or will be detained for 24 hours or less.”

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States, Federal

United States Customs Service, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,930,000

Issues

General:

Disparate Treatment

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Search policies

Strip search policy

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female