Civil Rights Litigation Clearinghouse

Case: McDonald v. Franklin County

2:13-cv-00503 | U.S. District Court for the Southern District of Ohio

Filed Date: May 3, 2013

Case Ongoing

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Case Summary

This is a case challenging Franklin County’s policy of strip-searching individuals charged with low-level misdemeanor offenses and photographing their tattoos. The plaintiff, a resident of Franklin County, was arrested for disorderly conduct in 2012 and transported to the Franklin County Correction Center II (“Jackson Pike” facility). She was required to strip in the presence of other detained people and a male correctional officer who then photographed tattoos near her genitals. She was releas…

She filed this class-action lawsuit on May 23, 2013, in the U.S. District Court for the Southern District of Ohio, suing Franklin County under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought class certification, declaratory relief, an injunction ordering the county to delete the photos of her tattoos from their database, an injunction preventing the county from strip searching and photographing women charged with minor crimes, and costs and attorneys’ fees. She claimed that (1) the county’s policy of strip-searching individuals before their arraignments and before an opportunity to post bail violated the due process clause of the Fourteenth Amendment and (2) the county’s policy of photographing all tattoos and retaining the photos in an electronic database even after dismissal of the charges was an unreasonable search and seizure in violation of the Fourth Amendment. The case was assigned to Judge Gregory L. Frost and Magistrate Judge Mark R. Abel.

On July 24, 2013, the plaintiff filed a motion to proceed under a pseudonym, because her tattoos revealed her sexual orientation and she feared public ridicule would result from her exposure. Magistrate Judge Abel granted the motion, but the defendants then moved for reconsideration. On September 20, 2013, Judge Frost ordered the plaintiff to file an amended complaint under her real name, holding that she failed to show evidence she would suffer harassment and ridicule if her identity were revealed. 2013 WL 5311466. The plaintiff filed an amended complaint under her real name 10 days later.

In April 2014, the county changed its policy of photographing all tattoos of all detained people to photographing tattoos on the “buttocks, genitals and female breasts” only when the individual was charged with a felony.

The plaintiff moved for class certification on August 7, 2014. She requested the court certify three classes: a strip search class, a photography subclass, and a cross-gender photography subclass. She defined the strip search class as:

“All female detainees who have been placed into the custody of the Franklin County Correctional Center Two (“Jackson Pike”), after being charged with misdemeanors, minor misdemeanors, violations of probation, traffic infractions, civil commitments, city code violations or other minor crimes, including failure to pay fines, and were strip searched upon their entry into the Jackson Pike facility prior to being arraigned before a judicial officer, pursuant to the policy, custom and practice of the County of Franklin. The class period commences on May 23, 2011, and extends to the date on which Franklin County is enjoined from, or otherwise ceases, enforcing its policy, practice and custom of conducting blanket strip searches on all detainees admitted to the Jackson Pike facility.”

Second, she defined the photography subclass as:

“All female detainees who have been placed into the custody of the Franklin County Correctional Center Two (“Jackson Pike”), after being charged with misdemeanors, minor misdemeanors, violations of probation, traffic infractions, civil commitments, city code violations or other minor crimes, including failure to pay fines, and had photographs taken of their breasts, hypogastric region, genitals, and/or buttocks upon their entry into the Jackson Pike facility prior to being arraigned before a judicial officer, pursuant to the policy, custom and practice of the County of Franklin. Detainees who are members of the class had photographs taken of their genitals, their hypogastric region, the lobes of their buttocks and/or the lobes of their breasts at the Jackson Pike facility. The class period commences on May 23, 2011, and extends until April 30, 2014.”

And third, she defined the cross-gender photography subclass be as:

“All members of the Photography Class who had photographs taken of their tattoos by a Franklin County Identification Technician of the opposite sex. Detainees who are members of the subclass are limited to individuals whose records in the Identiview system reflect that photographs of their tattoos were taken by an Identification Technician, designated the “operator” in the Identiview system, who was of the male gender. The subclass is also comprised of members of the photography class whose tattoos were photographed when only an Identification Technician of the male gender was working in their facility.”

On September 30, 2014, the plaintiff moved to file a second amended complaint to include facts learned in depositions and to revise the proposed class definitions in light of those facts. Magistrate Judge Abel denied the motion on November 14, 2014, holding that the plaintiff’s motion was not timely because she waited three months after taking the depositions to file the motion.

The defendants moved for summary judgment on November 14, 2014. On December 9, 2014, Judge Frost denied both the defendant’s motion for summary judgment and the plaintiff’s motion to certify the class. He denied the motion for class certification because the plaintiff’s motion used the class definitions proposed in the second amended complaint that the court had rejected. The court ordered the plaintiff to file a new motion using the class definitions proposed in the first amended complaint and dismissed the defendant’s motion for summary judgment without prejudice.

The plaintiff filed a new motion for class certification on December 23, 2014. Judge Frost granted the motion in part and denied the motion in part on April 7, 2015. 306 F.R.D. 548. He certified the photography subclass, but he declined to certify the cross-gender photography subclass because the plaintiff had added it for the first time in her motion for class certification and failed to give the defendant fair notice. Judge Frost also declined to certify the strip-search class in light of the Supreme Court’s 2012 holding in Florence v. Board of Chosen Freeholders of the County of Burlington that held it was constitutional for a correctional institution to strip-search individuals upon admitting them into the general jail population. 132 S. Ct. 1510. However, the Florence Court indicated it might be unconstitutional to admit someone into the general jail population if there was a reasonable alternative to doing so, such as holding them temporarily in a waiting area until they could post bail. Judge Frost therefore held that the strip-search class did not meet the commonality and typicality requirements for a class action, because an inquiry into the reasonableness of admitting a person into the general population would be fact-specific and vary as to each class member. He thus held that the plaintiff’s strip-search claim could proceed individually.

After class certification, the plaintiff moved to unseal the records of about 74 potential class members. Judge Frost denied the motion on November 30, 2015, holding that publication in the Columbus Dispatch constituted reasonable notice of the lawsuit and that potential class members were free to unseal their records and join the litigation if they so desired. 2015 WL 7721187.

Judge Frost retired in May 2016 and the case was reassigned to Judge Michael H. Watson and Magistrate Judge Terence P. Kemp.

On December 14, 2016, the parties filed cross-motions for summary judgment and the plaintiff moved for a preliminary injunction. While these motions were pending, over the next few years, the parties engaged in discovery and settlement negotiations. Then, on March 20, 2018, Judge Watson denied both parties’ motions for summary judgment regarding the Fourth Amendment photography claim. 2018 WL 11357093. He granted the defendant’s motion for summary judgment regarding the plaintiff’s individual strip-search claim, holding that the plaintiff did not introduce substantial evidence that the defendant’s policy of admitting all detainees to the general population was an exaggerated response to the problem of housing detainees. Finally, Judge Watson ordered supplemental discovery on the photography claim to determine whether the county analyzed the photographs of the tattoos for potential gang meanings.

The defendant filed a renewed motion for summary judgment on August 30, 2018. The parties engaged in further discovery over the next year, and Judge Watson denied the defendant’s motion on September 30, 2019. 2019 WL 13044813. He held that the plaintiff presented sufficient evidence to create a genuine issue of material fact about whether the defendant exaggerated its response to the problem posed by gang-related tattoos, especially because the supplemental discovery revealed that the photographs of tattoos were not systematically reviewed for gang affiliations and that other facilities handled the same security threat in a much less intrusive fashion.

The parties prepared for trial until February 24, 2021, when the issue was referred for mediation. On January 7, 2022, the plaintiff filed an unopposed motion for preliminary approval of a class-action settlement. The agreement defined the class as:

“All female detainees who have been placed into the custody of the Franklin County Correctional Center Two (“Jackson Pike”), after being charged with misdemeanors, minor misdemeanors, violations of probation, traffic infractions, civil commitments, city code violations or other minor crimes, including failure to pay fines, and had photographs taken of their breasts, hypogastric region, genitals, and/or buttocks upon their entry into the Jackson Pike facility prior to being arraigned before a judicial officer, pursuant to the policy, custom and practice of the County of Franklin. Detainees who are members of the class had photographs taken of their genitals, their hypogastric region, the lobes of their buttocks and/or the lobes of their breasts at the Jackson Pike facility. The class period commence[d] on May 23, 2011, and extend[ed] until April 30, 2014.”

The agreement provided for a settlement fund of $2.5 million, with costs and attorneys’ fees to be distributed to class members within 21 days of the agreement’s effective date. An independent third party would administer the fund, and any residual funds would not revert to the defendant but would be redistributed on a pro rata basis to the class members. The administrator would re-mail notices of the lawsuit and also take extra steps to locate class members, such as utilizing social media and calling telephone numbers associated with members’ booking records. Finally, the agreement provided for injunctive relief. First, the county would enact a policy forbidding the photography of tattoos in non-felony cases absent extraordinary circumstances and would train its employees to adhere to the new policy. Second, all photographs of the tattoos of class members would be sealed by court order. Finally, the county would destroy the photographs within five years of the settlement agreement’s effective date.

Judge Watson granted the order on February 8, 2022, and the court scheduled a fairness hearing scheduled for May 12, 2022. The case is ongoing.

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Summary Authors

Erika Farmer (2/10/2022)

Laura Irei (5/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363388/parties/mcdonald-v-franklin-county-ohio/

Judge(s)

Frost, Gregory L. (Ohio)

Vascura, Chelsey M. (Ohio)

Watson, Michael H. (Ohio)

Attorneys(s) for Plaintiff

Baker, Andrew S (Ohio)

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Rihn, D. Aaron (Pennsylvania)

Watkins, Sara J (Pennsylvania)

Attorneys(s) for Defendant

Armstrong, Jesse William (Ohio)

Judge(s)

Frost, Gregory L. (Ohio)

Vascura, Chelsey M. (Ohio)

Watson, Michael H. (Ohio)

Attorneys(s) for Plaintiff

Baker, Andrew S (Ohio)

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Rihn, D. Aaron (Pennsylvania)

Watkins, Sara J (Pennsylvania)

Attorneys(s) for Defendant

Armstrong, Jesse William (Ohio)

Hiers, Amy L (Ohio)

Martin, Mary Jane (Ohio)

Marziale, Arthur James Jr. (Ohio)

McCullough, Sean T (Ohio)

Sheets, Scott Oliver (Ohio)

Soulas, Nick A. Jr. (Ohio)

Wagner, Jason S (Ohio)

Zervas, John Anastasios (Ohio)

Expert/Monitor/Master

Ray, Frank Allen (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:13-cv-00503	Docket [PACER]	March 29, 2021	March 29, 2021 Docket
2 2:13-cv-00503	Class Action Complaint Doe v. Franklin County, Ohio	May 23, 2013	May 23, 2013 Complaint
20 2:13-cv-00503	Amended Class Action Complaint	Sept. 30, 2013	Sept. 30, 2013 Complaint
75 2:13-cv-00503	Order	Dec. 9, 2014	Dec. 9, 2014 Order/Opinion
187 2:13-cv-00503	Opinion and Order 2018 WL 11357093	March 30, 2018	March 30, 2018 Order/Opinion
213 2:13-cv-00503	Opinion and Order 2019 WL 13044813	Sept. 30, 2019	Sept. 30, 2019 Order/Opinion
246 2:13-cv-00503	Order	Feb. 8, 2022	Feb. 8, 2022 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363388/mcdonald-v-franklin-county-ohio/

Last updated June 7, 2022, 3:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	civil cover sheet. (rew) (Entered: 05/24/2013)	May 23, 2013	May 23, 2013 PACER
2	COMPLAINT with JURY DEMAND against Franklin County, Ohio, filed by Jane Doe. (rew) (rew). (Entered: 05/24/2013)	May 23, 2013	May 23, 2013 Clearinghouse
3	Summons Issued as to Franklin County, Ohio. (rew) (Entered: 05/24/2013)	May 23, 2013	May 23, 2013 PACER
4	NOTICE of Appearance on behalf of by Plaintiff Jane Doe. (rew) (Entered: 06/13/2013)	June 12, 2013	June 12, 2013 PACER
5	MOTION for Leave to File the Case With an Anonymous Plaintiff and for Leave to File the Identity of the Anonymous Plaintiff Under Seal by Plaintiff Jane Doe. (Baker, Andrew) (Entered: 07/24/2013)	July 24, 2013	July 24, 2013 RECAP
6	CERTIFICATE OF SERVICE by Plaintiff Jane Doe re 5 MOTION for Leave to File the Case With an Anonymous Plaintiff and for Leave to File the Identity of the Anonymous Plaintiff Under Seal (Baker, Andrew) (Entered: 07/24/2013)	July 24, 2013	July 24, 2013 PACER
7	SUMMONS Returned Executed as to Defendant Franklin County, Ohio. Franklin County, Ohio served on 7/24/2013, answer due 8/14/2013. (Baker, Andrew) (Entered: 07/25/2013)	July 25, 2013	July 25, 2013 PACER
8	ORDER granting 5 Motion for Leave to File anonymous plf ID under seal. Signed by Magistrate Judge Mark R. Abel on 7/25/13. (sh1) (Entered: 07/26/2013)	July 26, 2013	July 26, 2013 RECAP
9	First MOTION for Extension of Time to File Answer New date requested 9/13/2013. by Defendant Franklin County, Ohio. (Sheets, Scott) (Entered: 08/06/2013)	Aug. 6, 2013	Aug. 6, 2013 PACER
10	ORDER granting 9 Motion for Extension of Time to 9/23/13 to Answer. Signed by Magistrate Judge Mark R. Abel on 8/7/13. (sh1) (Entered: 08/07/2013)	Aug. 7, 2013	Aug. 7, 2013 PACER
11	NOTICE of Appearance by Sean T McCullough for Defendant Franklin County, Ohio (McCullough, Sean) (Entered: 08/08/2013)	Aug. 8, 2013	Aug. 8, 2013 PACER
12	NOTICE of Appearance by Mary Jane Martin for Defendant Franklin County, Ohio (Martin, Mary) (Entered: 08/08/2013)	Aug. 8, 2013	Aug. 8, 2013 PACER
13	Objection to Magistrate Judge Order re 8 Order on Motion for Leave to File by Defendant Franklin County, Ohio. (Martin, Mary) (Entered: 08/09/2013)	Aug. 9, 2013	Aug. 9, 2013 RECAP
14	ORDER re 13 Objection to Magistrate Judge Order 8 Order on Motion for Leave to File filed by Franklin County, Ohio; Non-oral hearing on the objection set for 8/30/2013. Signed by Judge Gregory L Frost on 8/12/13. (sem1) (Entered: 08/12/2013)	Aug. 12, 2013	Aug. 12, 2013 RECAP
15	First MOTION for Leave to Appear Pro Hac Vice of Elmer Robert Keach, III by Plaintiff Jane Doe. (Attachments: # 1 Text of Proposed Order Order Granting Admission Pro Hac Vice) (Baker, Andrew) ***Please note: Filing Fee has not been submitted at time of filing (er1). (Entered: 08/15/2013)	Aug. 15, 2013	Aug. 15, 2013 PACER
16	ORDER granting 15 Motion for Leave to Appear Pro Hac Vice of Elmer R. Keach, III. Signed by Magistrate Judge Mark R. Abel on 8/16/13. (sh1) (Entered: 08/16/2013)	Aug. 16, 2013	Aug. 16, 2013 PACER
17	NOTICE of Hearing: Preliminary Pretrial Conference set for 9/27/2013 @ 9:30 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 9/20/13; Rule 26f report of the parties due 9/26/13. (sh1) (Entered: 09/11/2013)	Sept. 11, 2013	Sept. 11, 2013 PACER
18	ORDER granting 13 Defendant's Motion for Reconsideration and the Court ORDERS Plaintiff to file an Amended Complaint under her true identity within 10 days from the date of this Order. Signed by Judge Gregory L Frost on 9/20/13. (sem1) (Entered: 09/20/2013)	Sept. 20, 2013	Sept. 20, 2013 RECAP
19	NOTICE of Appearance by Amy L Hiers for Defendant Franklin County, Ohio (Hiers, Amy) (Entered: 09/30/2013)	Sept. 30, 2013	Sept. 30, 2013 PACER
20	AMENDED COMPLAINT Revised to Include Name of Former Jane Doe Plaintiff against All Defendants, filed by Kristen McDonald. (Keach, Elmer) (Entered: 09/30/2013)	Sept. 30, 2013	Sept. 30, 2013 Clearinghouse
21	NOTICE by Defendant Franklin County, Ohio of Withdrawal of Co-Counsel (Sheets, Scott) (Entered: 10/03/2013)	Oct. 3, 2013	Oct. 3, 2013 PACER
22	ANSWER to 20 Amended Complaint filed by Franklin County, Ohio. (Hiers, Amy) (Entered: 10/17/2013)	Oct. 17, 2013	Oct. 17, 2013 PACER
23	RULE 26(f) REPORT by Plaintiff Kristen McDonald. (Baker, Andrew) (Entered: 10/23/2013)	Oct. 23, 2013	Oct. 23, 2013 PACER
24	PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 1/3/2014. Motions to Amend due by 1/3/2014. Rule 26(a)(1) Disclosures due by 11/14/2013. Primary Expert due by 3/23/2014. Rebuttal Expert due by 4/7/2014. Discovery due by 3/27/2014. Class discovery due by 10/31/2014. Dispositive motions due by 11/14/2014. This case is referred to the 06/2014 SETTLEMENT WEEK. Signed by Magistrate Judge Mark R. Abel on 10/28/2013. (sr1) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
25	SCHEDULING ORDER: Dispositive Motions due by 11/14/2014. Non-oral hearing on all Dispositive Motions set for 1/9/2015. Final Pretrial Conference set for 4/9/2015 12:00 PM in Chambers before Judge Gregory L Frost. Jury Trial set for 5/11/2015 09:00 AM in Courtroom 5 - Columbus before Judge Gregory L Frost. Signed by Judge Gregory L Frost on 10/29/13. (sem1) (Entered: 10/29/2013)	Oct. 29, 2013	Oct. 29, 2013 PACER
26	NOTICE of Final Pretrial and Trial. (sem1) (Entered: 10/29/2013)	Oct. 29, 2013	Oct. 29, 2013 PACER
27	NOTICE: Parties are notified the following proceeding is eligible for video recording: 26 Notice of 5/11/15 Jury Trial. Signed by Judge Gregory L Frost on 10/29/13. (Attachments: # 1 Supplement E-1 form, # 2 Supplement F form) (sem1) (Entered: 10/29/2013)	Oct. 29, 2013	Oct. 29, 2013 PACER
28	NOTICE to Take Deposition of Franklin County, Ohio by Plaintiff Kristen McDonald. (Baker, Andrew) (Entered: 03/24/2014)	March 24, 2014	March 24, 2014 PACER
29	Notice of Mediation Conference: Mediator Craig Carlson to conduct Settlement Week Conference on 6/11/2014 at 10:30 AM. (sh1) (Entered: 05/08/2014)	May 8, 2014	May 8, 2014 PACER
30	SCHEDULING ORDER: Motion to certify a class due by 7/1/2014. Signed by Magistrate Judge Mark R. Abel on 5/20/2014. (Abel, Mark) (Entered: 05/20/2014)	May 20, 2014	May 20, 2014 PACER
31	Consent MOTION for Extension of Time to File New date requested 7/24/2014. Request for Extension of Time to File Class Certification by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 07/01/2014)	July 1, 2014	July 1, 2014 PACER
32	NOTICE of Proposed Order by Plaintiff Kristen McDonald re 31 Consent MOTION for Extension of Time to File New date requested 7/24/2014. Request for Extension of Time to File Class Certification Corrected Proposed Order, Corrected to Reflect Proper Civil Action Number (Keach, Elmer) Modified on 7/2/2014 to clarify text (kk2) (Entered: 07/02/2014)	July 2, 2014	July 2, 2014 PACER
33	ORDER granting 31 Motion for Extension of Time to File Motion for Class Certification - extension to 7/24/2014. Non-Oral Hearing on said motion set for 9/12/2014. Signed by Judge Gregory L Frost on 7/2/2014. (kk2) (Entered: 07/02/2014)	July 2, 2014	July 2, 2014 PACER
34	Consent MOTION for Extension of Time to File New date requested 7/31/2014. Motion for Class Certification by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 07/23/2014)	July 23, 2014	July 23, 2014 PACER
35	ORDER granting 34 Motion for Extension of Time to File. Plaintiff's Motion for Class Certification is due to be filed on or before July 31, 2014. Signed by Judge Gregory L Frost on 7/24/14. (kn) (Entered: 07/24/2014)	July 24, 2014	July 24, 2014 PACER
36	Consent MOTION for Extension of Time New date requested 8/7/2014. Motion for Extension of Time to File Motion for Class Certification, On Consent by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
37	ORDER granting 36 Motion for Extension of Time to File motion for class certification. Signed by Judge Gregory L Frost on 7/30/14. (kn) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
38	NOTICE OF FILING DEPOSITION of Kristen McDonald, Plaintiff by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
39	NOTICE OF FILING DEPOSITION of Geoffrey Stobard, Corporate Deponent, Franklin County by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
40	NOTICE OF FILING DEPOSITION of Beth Owens, Corporate Deponent, Franklin County by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
41	NOTICE OF FILING DEPOSITION of Michael Flynn, Corporate Deponent, Franklin County by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
42	NOTICE OF FILING DEPOSITION of Darrah Metz, Corrections Deputy by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
43	NOTICE OF FILING DEPOSITION of Claudia Barajas, Franklin County ID Tech by Plaintiff Kristen McDonald. (Keach, Elmer) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
44	NOTICE OF FILING DEPOSITION of Michael Cunnigham by Plaintiff Kristen McDonald. (Attachments: # 1 Cunningham Deposition, Volume 2) (Keach, Elmer) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
45	MOTION to Certify Class by Plaintiff Kristen McDonald. Responses due by 9/2/2014 (Attachments: # 1 Affidavit of Elmer Robert Keach, III, In Support of Motion, # 2 Plaintiff's First Amended Complaint, # 3 Plaintiff's Proposed Second Amended Complaint, # 4 Plaintiff's Rule 30(b)(6) Demand, # 5 Plaintiff's Demand for Production of Documents, # 6 Defendant's Response to Deamnd for Documents, # 7 Defendant's Offer of Judgment, # 8 Franklin County 2012 Annual Report, # 9 Indentification Unit Training Manual, May 2013, # 10 Identification Unit Training Manual, April 2014, # 11 Alleged Franklin County Tattoo Photograph Policy, # 12 Kristen McDonald Booking File, # 13 Kristen McDonald Identiview File, # 14 Example of Franklin County Booking List, # 15 Franklin County Computer Policy, # 16 Memo by Mark Barrett, JD, # 17 Mark Barrett Linkedin Listing, # 18 Keach Law Firm Resume, # 19 Whitfield Bryson Mason Firm Resume, # 20 D. Aaron Rihn Firm Resume, # 21 Baker Law Group Resume, # 22 Tyson v. City of New York Transcribed Decision, # 23 Franklin County Intake Policy, # 24 Franklin County Strip Search Procedure, # 25 Memorandum of Law) (Keach, Elmer) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
46	CERTIFICATE OF SERVICE by Plaintiff Kristen McDonald re 45 MOTION to Certify Class (Keach, Elmer) (Entered: 08/08/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
47	MOTION to Seal Document Transcript of Deposition of Plaintiff Kristen McDonald, Photograph of Plaintiff, MOTION to Amend/Correct Memorandum of Law In Support of Motion for Class Certification (Docket Number 45-25) by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 08/08/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
48	ORDER granting 47 Motion to Seal Document ; granting 47 Motion to Amend/Correct. Signed by Magistrate Judge Mark R. Abel on 8/92014. (Abel, Mark) (Entered: 08/09/2014)	Aug. 9, 2014	Aug. 9, 2014 PACER
49	Supplemental Memorandum Supporting re 45 MOTION to Certify Class Corrected Memorandum of Law, Filed with Leave of Court filed by Plaintiff Kristen McDonald. (Attachments: # 1 Certificate of Service) (Keach, Elmer) (Entered: 08/11/2014)	Aug. 11, 2014	Aug. 11, 2014 PACER
50	Unopposed MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Certify Class New date requested 9/16/2014. by Defendant Franklin County, Ohio. (Attachments: # 1 Text of Proposed Order) (Hiers, Amy) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
51	ORDER granting 50 Motion for Extension of Time to File Response/Reply re 45 MOTION to Certify Class Responses due by 9/16/2014. Signed by Judge Gregory L Frost on 8/27/14. (kn) (Entered: 08/27/2014)	Aug. 27, 2014	Aug. 27, 2014 PACER
52	Unopposed MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Certify Class New date requested 9/30/2014. by Defendant Franklin County, Ohio. (Attachments: # 1 Text of Proposed Order) (Hiers, Amy) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
53	ORDER granting 52 Motion for Extension of Time to File Response/Reply. Signed by Judge Gregory L Frost on 13-503. (kn) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER
54	MOTION to Amend/Correct Motion for Leave to File Second Amended Class Action Complaint by Plaintiff Kristen McDonald. (Attachments: # 1 Affirmation in Support, # 2 Exhibit A -- Proposed Second Amended Class Action Complaint, # 3 Exhibit B -- Redline of Proposed Amendment, # 4 Memorandum of Law in Support of Motion, # 5 Text of Proposed Order, # 6 Certificate of Service) (Keach, Elmer) (Entered: 09/30/2014)	Sept. 30, 2014	Sept. 30, 2014 PACER
55	RESPONSE in Opposition re 45 MOTION to Certify Class filed by Defendant Franklin County, Ohio. (Sheets, Scott) (Entered: 09/30/2014)	Sept. 30, 2014	Sept. 30, 2014 PACER
56	Joint MOTION for Protective Order by Defendant Franklin County, Ohio. (Hiers, Amy) (Entered: 10/02/2014)	Oct. 2, 2014	Oct. 2, 2014 PACER
57	ORDER granting 56 Motion for Protective Order. Signed by Magistrate Judge Mark R. Abel on 10/6/2014. (Abel, Mark) (Entered: 10/06/2014)	Oct. 6, 2014	Oct. 6, 2014 PACER
58	MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Certify Class New date requested 10/20/2014. Request for Extension to File Reply by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 10/14/2014)	Oct. 14, 2014	Oct. 14, 2014 PACER
59	ORDER granting 58 Motion for Extension of Time to File Response/Reply re 45 MOTION to Certify Class Replies due by 10/20/2014. Non Oral hearing date remains unchanged. Signed by Judge Gregory L Frost on 10/15/14. (kn) (Entered: 10/15/2014)	Oct. 15, 2014	Oct. 15, 2014 PACER
60	MOTION for Leave to Appear Pro Hac Vice of Daniel Aaron Rihn (Filing fee $ 200, receipt number 0648-4777174) by Plaintiffs Jane Doe, Kristen McDonald. (Attachments: # 1 Exhibit Certificate of Good Standing) (Baker, Andrew) (Entered: 10/20/2014)	Oct. 20, 2014	Oct. 20, 2014 PACER
61	MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Certify Class New date requested 10/21/2014. Motion for One Day Extension to File Reply Brief In Support of Motion for Class Certification, On Consent by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 10/20/2014)	Oct. 20, 2014	Oct. 20, 2014 PACER
62	ORDER granting 61 Motion for Extension of Time to File Response/Reply re 45 MOTION to Certify Class Replies due by 10/21/2014. Signed by Judge Gregory L Frost on 10/21/14. (kn) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
63	ORDER granting 60 Plaintiff's Motion for Leave to Appear Pro Hac Vice of Daniel Aaron Rihn. Signed by Magistrate Judge Mark R. Abel on 10/21/14. (sem1) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
64	REPLY to Response to Motion re 45 MOTION to Certify Class filed by Plaintiff Kristen McDonald. (Attachments: # 1 Affirmation in Reply, # 2 Exhibit 25 - Photo showing Hypogastric Region, # 3 Exhibit 26 -- Franklin County Booking Records (to be filed under seal), # 4 Certificate of Service) (Keach, Elmer) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
65	RESPONSE in Opposition re 54 MOTION to Amend/Correct Motion for Leave to File Second Amended Class Action Complaint filed by Defendant Franklin County, Ohio. (Attachments: # 1 Affidavit Of Scott Sheets) (Sheets, Scott) (Entered: 10/24/2014)	Oct. 24, 2014	Oct. 24, 2014 PACER
66	Unredacted Deposition of Plaintiff Kristen McDonald filed under seal re 38 . (sem1) (Entered: 10/28/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
67	Booking Records filed under seal re 45 . (sem1) (Entered: 10/28/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
68	Records from Franklin County Identiview System filed under seal re 64 . (sem1) (Entered: 10/28/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
69	MOTION for Summary Judgment by Defendant Franklin County, Ohio. Responses due by 12/8/2014 (Attachments: # 1 Affidavit of Matthew Pendy, # 2 Affidavit of Chief Geoff Stobart) (Hiers, Amy) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
70	ORDER denying 54 Plaintiff's Motion for Leave to File a Second Amended Complaint. Signed by Magistrate Judge Mark R. Abel on 11/19/14. (sem1) (Entered: 11/19/2014)	Nov. 19, 2014	Nov. 19, 2014 PACER
71	MOTION to Stay Motion for Amendment of Scheduling Order, and Stay of Discovery Deadline Pending Decision on Motion for Class Certification by Plaintiff Kristen McDonald. (Attachments: # 1 Exhibit A -- McDonald Booking Records, # 2 Exhibit B -- Emails Between Hiers and Keach, October 2, 2014, # 3 Exhibit C -- Emails Between Hiers and Keach, November 17, 2014, # 4 Exhibit D -- Emails between Hiers and Keach, December 2, 2014, # 5 Text of Proposed Order, # 6 Certificate of Service) (Keach, Elmer) (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
72	Consent MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Summary Judgment New date requested 1/13/2015. by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
73	ORDER - re 71 Motion to Stay,, filed by Kristen McDonald, Non oral hearing set for 12/16/2014 08:00 AM before Judge Gregory L. Frost. Signed by Judge Gregory L. Frost on 12/8/14. (kn) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
74	ORDER granting 72 Motion for Extension of Time to File Response/Reply re 69 MOTION for Summary Judgment Responses due by 1/13/2015 Replies due by 2/6/2015.. Signed by Judge Gregory L. Frost on 12/8/14. (kn) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
75	ORDER denying 45 Motion to Certify Class; denying 69 Motion for Summary Judgment; finding as moot 71 Motion to Stay. A non oral hearing on new motions to certify class is set for 2/17/15. In light of this Order, 71 and 72 are moot and 73 and 74 are vacated. The non oral hearing date of 12/16/14 is also vacated. Signed by Judge Gregory L. Frost on 12/9/14. (kn) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 Clearinghouse
76	NOTICE of MOTION to Compel and For the Imposition of Costs Under Rule 37 by Plaintiff Kristen McDonald. (Attachments: # 1 Affirmation in Support of Motion, # 2 Exhibit A -- Identiview Photographs, Plaintiff Kristen McDonald, # 3 Exhibit B -- Identiview Printout for Kristen McDonald reflecting initials of Identification Technician, # 4 Exhibit C -- Identiview Records, reflecting Omitted Photograph of Genitals, # 5 Exhibit D -- Plaintiff's Request for Production of Documents, # 6 Exhibit E -- Sample Identiview Print Out, # 7 Exhibit F -- Email between Hiers and Keach, November 17, 2014, # 8 Exhibit G - Court Order, Bruce v. County of Rensselaer, # 9 Exhibit H -- Bench Decision, Marriott v. County of Montgomery, # 10 Exhibit I -- Bench Decision, McDaniel v. County of Schenectady, # 11 Exhibit J -- Portion of Court Order, Pritchard v. County of Erie, # 12 Memorandum of Law, # 13 Text of Proposed Order, # 14 Certificate of Service) (Keach, Elmer) Modified on 12/19/2014 to correct text (kk2) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
77	MOTION to Certify Class by Plaintiff Kristen McDonald. Responses due by 1/16/2015 (Attachments: # 1 Affirmation in Support, # 2 Exhibit 2 -- First Amended Complaint, # 3 Exhibit 3 -- Order of Court Denying Leave to File Amended Complaint, # 4 Exhibit 4 -- Plaintiff's Demand for Rule 30(b)(6) Deposition, # 5 Exhibit 5 -- Plaintiff's Demand for Production of Documents, # 6 Exhibit 6 -- Defendant's Response to Demand for Production of Documents, # 7 Exhibit 7 -- Defendant's Offer of Judgment, # 8 Exhibit 8 -- FCSD 2012 Annual Report, # 9 Exhibit 9 -- Identification Unit Training Manual, 5/2013, # 10 Exhibit 10 -- Identification Unit Training Manual, 4/2014, # 11 Exhibit 11 -- Alleged Franklin County Identification Unit Tattoo Photography Policy, # 12 Exhibit 12 -- McDonald Booking Records, # 13 Exhibit 13 -- McDonald Identiview Records, # 14 Exhibit 14 -- Example of Booking Records, # 15 Exhibit 15 -- Franklin County Computer Use Policy, # 16 Exhibit 16 -- Memorandum by Mark Barrett, J.D., # 17 Exhibit 17 -- Mark Barrett Linkin Listing, # 18 Exhibit 18 -- Keach Law Firm Resume, # 19 Exhibit 19 -- Mason Law Firm Resume, # 20 Exhibit 20 -- Peirce Law Firm Resume, # 21 Exhibit 21 -- Baker Law Group Resume, # 22 Exhibit 22 -- Tyson V. City of New York Bench Decision, # 23 Exhibit 23 -- Franklin County Intake Procedures Policy, # 24 Exhibit 24 -- Franklin County Body Cavity/Strip Search Policy, # 25 Exhibit 25 -- Photo of Hypogastric Region, # 26 Exhibit 26 -- Sampling of Identiview Records (filed under seal), # 27 Memorandum of Law, # 28 Certificate of Service) (Keach, Elmer) (Entered: 12/24/2014)	Dec. 23, 2014	Dec. 23, 2014 PACER
78	RESPONSE in Opposition re 76 MOTION to Compel and For the Imposition of Costs Under Rule 37 filed by Defendant Franklin County, Ohio. (Attachments: # 1 Affidavit of Mary Jane Martin, # 2 Affidavit of Amy Hiers, # 3 Affidavit of Beth Owens, # 4 Affidavit of Shanon Crowther) (Hiers, Amy) (Entered: 01/12/2015)	Jan. 12, 2015	Jan. 12, 2015 PACER
79	RESPONSE in Opposition re 77 MOTION to Certify Class filed by Defendant Franklin County, Ohio. (Hiers, Amy) (Entered: 01/16/2015)	Jan. 16, 2015	Jan. 16, 2015 PACER
80	Unopposed MOTION for Extension of Time to File Response/Reply as to 76 Motion to Compel by Plaintiff Kristen McDonald. New date requested 1/27/2015 (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) Modified on 1/21/2015 to correct text & document link (kk2) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 PACER
81	ORDER granting 80 Motion for Extension of Time to File Response/Reply to 76 Motion to Compel. Replies due by 1/27/2015. Signed by Magistrate Judge Mark R. Abel on 01/21/2015. (sr1) Modified on 1/21/2015 to correct text (kk2) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
82	MOTION for Extension of Time to File Response/Reply as to 77 Motion to Certify Class New date requested 2/6/2015. by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) Modified on 1/26/2015 to correct text & document link (kk2) (Entered: 01/23/2015)	Jan. 23, 2015	Jan. 23, 2015 PACER
83	ORDER denying 82 Motion for Extension of Time to File Response/Reply re 77 Motion to Certify Class. Signed by Judge Gregory L. Frost on 1/26/2015. (kk2) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
84	MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Compel. New date requested 2/3/2015. by Plaintiff Kristen McDonald. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) Modified on 1/28/2015 to correct text & document link (kk2) (Entered: 01/27/2015)	Jan. 27, 2015	Jan. 27, 2015 PACER
85	ORDER granting 84 Motion for Extension of Time to File Response/Reply re 76 MOTION to Compel. Replies due by 2/3/2015. Signed by Magistrate Judge Mark R. Abel on 01/28/2015. (sr1) (Entered: 01/28/2015)	Jan. 28, 2015	Jan. 28, 2015 PACER
86	Unopposed MOTION for Extension of Time to File Response/Reply as to 77 Motion to Certify Class by Plaintiff Kristen McDonald. New date requested 2/2/2015. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Keach, Elmer) Modified on 2/2/2015 to correct text & document link (kk2) (Entered: 01/30/2015)	Jan. 30, 2015	Jan. 30, 2015 PACER
87	ORDER granting 86 Motion for Extension of Time to File Response/Reply re 77 MOTION to Certify Class Replies due by 2/2/2015. The Non oral hearing set for February 17, 2015 shall remain unchanged. Signed by Judge Gregory L. Frost on 2/2/15. (kn) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
88	REPLY to Response to Motion re 77 MOTION to Certify Class filed by Plaintiff Kristen McDonald. (Attachments: # 1 Exhibit 27 -- June 30, 2012 Booking List, # 2 Exhibit 28 -- June 24-30 Booking Records (filed under seal), # 3 Reply Memorandum of Law, # 4 Certificate of Service) (Keach, Elmer) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
89	REPLY to Response to Motion re 76 MOTION to Compel and For the Imposition of Costs Under Rule 37 filed by Plaintiff Kristen McDonald. (Attachments: # 1 Exhibit K -- July 2014 Email Exchange, # 2 Exhibit L -- October 2014 Email Exchange, # 3 Exhibit M -- November 2014 Email Exchange, # 4 Exhibit N -- December 2014 Email Exchange, # 5 Certificate of Service) (Keach, Elmer) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
90	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Terence P Kemp for all further proceedings. Magistrate Judge Mark R. Abel no longer assigned to case. Signed by Chief Judge Edmund A Sargus on 3/2/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/02/2015)	March 2, 2015	March 2, 2015 PACER
91	ORDER - Vacating the Court's Order dated 12/9/209, The Court will set a new scheduling order after its adjudicates Plaintiff's pending motion for class certification.. Signed by Judge Gregory L. Frost on 4/7/15. (kn) (Entered: 04/07/2015)	April 7, 2015	April 7, 2015 PACER
92	ORDER granting in part and denying in part 77 Motion to Certify Class. Signed by Judge Gregory L. Frost on 4/14/15. (kn) (Entered: 04/14/2015)	April 14, 2015	April 14, 2015 RECAP
93	NOTICE of Hearing: telephone Status Conference set for 6/9/2015 12:00 PM in Teleconference before Judge Gregory L. Frost. Parties have been provided with conferece information (kn) (Entered: 05/20/2015)	May 20, 2015	May 20, 2015 PACER
94	ORDER MEMORIALIZING TELEPHONE STATUS CONFERENCE OF 6/9/15: The Court sets the following deadlines: Non oral hearing on dispositive motions reset for 2/24/2016 08:00 AM before Judge Gregory L. Frost. Final Pretrial Conference set for 6/14/2016 12:00 PM in Chambers before Judge Gregory L. Frost. Jury Trial set for 7/18/2016 09:00 AM in Courtroom 5 - Columbus before Judge Gregory L. Frost. Signed by Judge Gregory L. Frost on 6/15/15. (kn) (Entered: 06/15/2015)	June 15, 2015	June 15, 2015 PACER
95	First MOTION for Leave to Appear Pro Hac Vice of Nicholas Migliaccio (Filing fee $ 200, receipt number 0648-5101876) by Plaintiff Kristen McDonald. (Attachments: # 1 Certificate of Good Standing) (Baker, Andrew) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
96	ORDER denying without prejudice 95 Motion for Leave to Appear Pro Hac Vice of Nicholas Magliaccio. Signed by Magistrate Judge Terence P. Kemp on 6/23/2015. (agm) (Entered: 06/23/2015)	June 23, 2015	June 23, 2015 PACER
97	MOTION for Leave to Appear Pro Hac Vice of Nicholas Migliaccio (Filing fee $ 200, receipt number 0648-5101876) by Plaintiff Kristen McDonald. (Attachments: # 1 Certificate of Good Standing) (Baker, Andrew) (Entered: 06/26/2015)	June 26, 2015	June 26, 2015 PACER
98	ORDER granting 97 Motion for Leave to Appear Pro Hac Vice of Nicholas Migliaccio. Signed by Magistrate Judge Terence P. Kemp on 6/30/2015. (agm) (Entered: 06/30/2015)	June 30, 2015	June 30, 2015 PACER
99	NOTICE by Plaintiff Kristen McDonald Quarterly Attorney Fee Report Robert Peirce & Associates, P.C. (Rihn, D) (Entered: 07/09/2015)	July 9, 2015	July 9, 2015 PACER
100	NOTICE by Plaintiff Kristen McDonald Attorney Fee Report for Keach Law Firm (Keach, Elmer) (Entered: 07/09/2015)	July 9, 2015	July 9, 2015 PACER

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Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 3, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff and all similarly situated misdemeanor defendants who had their breasts, genitals, and/or buttocks photographed at the Franklin County Correctional Center Two before being arraigned before a judicial officer

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County (Franklin), County

Defendant Type(s):

Corrections

Case Details

Causes of Action: