Case: Shain v. Ellison

0:96-cv-03774 | U.S. District Court for the Eastern District of New York

Filed Date: July 29, 1996

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On July 29, 1996, a previous pretrial detainee at the Nassau county Correctional Center (NCCC) filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York against the County Sheriff, an unnamed assistant district attorney, and a family court judge alleging excessive use of force, unconstitutional strip search, false arrest, abuse of process, and malicious prosecution. He also sought a declaration that New York State Family Court Act § 155(2) which allo…

On July 29, 1996, a previous pretrial detainee at the Nassau county Correctional Center (NCCC) filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York against the County Sheriff, an unnamed assistant district attorney, and a family court judge alleging excessive use of force, unconstitutional strip search, false arrest, abuse of process, and malicious prosecution. He also sought a declaration that New York State Family Court Act § 155(2) which allowed his overnight incarceration without bail, was unconstitutional. On April 16, 1997, the court (Judge Leonard Wexler) entered a stipulated order dismissing all claims against the family court judge who had arraigned the plaintiff and remanded him to the NCCC without bail, but left the judge as a defendant in name only to permit the challenge to §155(2) to proceed. On January 9, 1998, the court (Judge Wexler) sua sponte dismissed the family court judge as a defendant. On December 31, 1998, the defendants moved for summary judgment on all of the plaintiff's claims, and plaintiff made a cross motion for summary judgment. In an oral decision the court (Judge Wexler) granted the motion to dismiss the claims of false arrest, malicious prosecution, and abuse of process claims--reserving the excessive force and strip search claims for trial.

On June 1, 1999, while trial on the excessive force issue was being held, the court (Judge Wexler) granted summary judgment in plaintiff's favor on the unconstitutional strip search issue. Shain v. Ellison, 53 F.Supp.2d 564 (E.D.N.Y. 1999). The court found that the Fourteenth Amendment unequivocally precludes prison officials from performing strip searches on arrestees charged with minor offenses without a reasonable suspicion that the person is concealing a weapon or contraband. The court also found that the defendants were not entitled to qualified immunity because the unconstitutionality of a blanket strip search policy had been clearly established as far back as 1986.

A jury rejected the plaintiff's excessive force claim and awarded no damages for the strip search. Plaintiff moved to set aside the verdict and asked for a new trial. On November 12, 1999, the court (Judge Wexler) denied the motion and awarded plaintiff $1 in nominal damages for the strip search claim.

The defendants and the plaintiff appealed. On October 19, 2001, the Second Circuit Court of Appeals (Judge Rosemary Pooler) found that the strip search policy was unconstitutional and that the law was clearly established, therefore the defendants were not entitled to qualified immunity. Shain v. Ellison, 273 F.3d 56 (2nd Cir. 2001). The court also found that the plaintiff had standing, that the district court's denial of a new trial on damages was not error, and that the district court's dismissal of the false arrest, abuse of process, and excessive force claims were proper. As to the § 155(2) claim, the court found that the district court was not in error by dismissing the district judge as a defendant because there was no realistic danger that the plaintiff would face the same harm again. Finally, the court found that although the plaintiff requested an injunction against future enforcement of the blanket strip search policy, the district court had neither granted or denied the request and therefore remanded to the district court to make the necessary findings.

On September 17, 2002, the district court (Judge Wexler) enjoined the defendants from enforcing a blanket strip search policy. Both the plaintiff and the defendants appealed. On January 20, 2004 the Second Circuit Court of Appeals (Judge Barrington Daniels Parker Jr.) vacated the injunction because the plaintiff lacked standing to seek injunctive relief. Shain v. Ellison, 356 F.3d 211 (2nd Cir. 2004). The case was remanded to the district court with instructions to vacate for lack of subject matter jurisdiction. The plaintiffs made a motion for attorney's fees and on December 20, 2004, the district court (Judge Wexler) entered a stipulated order for the settlement of attorney's fees. The PACER docket for the district court ends on December 20, 2004. We have no further proceedings or opinions for this case.

Summary Authors

Jaclyn Adams (4/5/2006)

People


Judge(s)

Cabranes, José Alberto (Connecticut)

Katzmann, Robert A. (New York)

Parker, Barrington Daniels Jr. (New York)

Pooler, Rosemary S. (New York)

Rakoff, Jed Saul (New York)

Wexler, Leonard D. (New York)

Attorneys(s) for Plaintiff

Freedman, Spencer B. (New York)

Attorneys(s) for Defendant

Belohlavek, Michael S. (New York)

Clavin, Donald X. (New York)

Clines, Peter J. (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Katzmann, Robert A. (New York)

Parker, Barrington Daniels Jr. (New York)

Pooler, Rosemary S. (New York)

Rakoff, Jed Saul (New York)

Wexler, Leonard D. (New York)

Attorneys(s) for Plaintiff

Freedman, Spencer B. (New York)

Attorneys(s) for Defendant

Belohlavek, Michael S. (New York)

Clavin, Donald X. (New York)

Clines, Peter J. (New York)

Devlin, Robert P. (New York)

Fischer, Carol (New York)

Forte, Robert E. (New York)

Goodman, Lorna B. (New York)

Kalapoutis, Taso (New York)

Millus, Paul F. (New York)

Pauley, William H. III (New York)

Saffran, Dennis J. (New York)

Spitzer, Eliot (New York)

Other Attorney(s)

Alberton, Kathleen (New York)

Boston, John (New York)

Brinckerhoff, Matthew D. (New York)

Cuti, John R. (New York)

Emery, Richard D. (New York)

Greenberg, Jack (New York)

Herbst, Robert L. (New York)

Hess, Michael D. (New York)

Johnson, Laura R. (New York)

Kerr, Sarah (New York)

Morrison, Nina (New York)

Pollack, Gayle (New York)

Sonnenshein, Larry A. (New York)

Turpen, Michael C. (Oklahoma)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 20, 2004 Docket
95

Memorandum and Order [Declaring Search Policy Unconstitutional]

53 F.Supp.2d 564

June 1, 1999 Order/Opinion

[Opinion Affirming the District Court's Decision and Remanding the Issue of an Injunction]

U. S. Court of Appeals for the Second Circuit

273 F.3d 56

Oct. 19, 2001 Order/Opinion

Opinion [Vacating the Injunction and Dismissing for Lack of Standing]

U. S. Court of Appeals for the Second Circuit

356 F.3d 211

Jan. 20, 2004 Order/Opinion
142

Stipulation of Settlement of Attorney's Fee Motion

Dec. 20, 2004 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed and summons(es) issued for "John" Ellison, John Doe, James H. Madden, Nassau County P.D., County Of Nassau FILING FEE $ 120 RECEIPT # 185494 (Branciforte, Ralph) (Entered: 07/30/1996)

July 29, 1996
4

ORDER, extending time , reset answer due for 1/7/97 for County Of Nassau, for Nassau County P.D., for James H. Madden, for John Doe, for "John" Ellison ( signed by Judge Leonard D. Wexler ) dtd 12/19/96 cm (Mierzewski, Liz) (Entered: 12/19/1996)

Dec. 19, 1996
2

AMENDED COMPLAINT by Ray E. Shain , (Answer due 1/29/96 for County Of Nassau, for Nassau County P.D., for James H. Madden, for John Doe, for "John" Ellison ) amending [1-1] complaint (Mierzewski, Liz) Modified on 06/10/1999 (Entered: 11/22/1996)

Jan. 19, 1997
5

ANSWER by "John" Ellison to amended complaint (Mierzewski, Liz) (Entered: 04/11/1997)

April 9, 1997
6

ORDER, dismissing this action as to deft. James H. Madden with prejudice ( signed by Judge Leonard D. Wexler ) dtd 4/17/97 cm (Mierzewski, Liz) (Entered: 04/17/1997)

April 17, 1997
7

ORDER, set status conference for 2:00 6/16/97 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 5/2/97 cm (Mierzewski, Liz) (Entered: 05/06/1997)

May 2, 1997
8

LETTER dated 4/29/97 from Robert L. Herbst to Mr. Drinan re: request that appearance be entered on behalf of pltff in this action. (Mierzewski, Liz) (Entered: 05/06/1997)

May 6, 1997
9

MOTION by James H. Madden to dismiss , Motion hearing [9-1] motion (Mierzewski, Liz) (Entered: 05/12/1997)

May 12, 1997
10

MEMORANDUM by James H. Madden in support of [9-1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

May 12, 1997
11

MEMORANDUM by Ray E. Shain in opposition to [9-1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

May 12, 1997

STATE COURT RECORD RECEIVED (Mierzewski, Liz) (Entered: 05/12/1997)

May 12, 1997
12

REPLY MEMORANDUM OF LAW by James H. Madden in further [9- 1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

May 12, 1997
13

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 11/20/97 ; Pretrial conference for 10:00 12/15/97 ; Pretrial order to be submitted on or before 12/5/97 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 6/16/97 cm (Mierzewski, Liz) (Entered: 06/19/1997)

June 18, 1997
14

Calendar entry: Before Judge Lindsay dtd 6/16/97 Case called for initial conf. Pre-trial scheduling order adopted. (Mierzewski, Liz) (Entered: 06/19/1997)

June 19, 1997
16

RETURN OF SERVICE executed as to County Of Nassau 7/10/97 Answer due on 7/30/97 for County Of Nassau (Mierzewski, Liz) (Entered: 07/25/1997)

July 22, 1997
17

LETTER dated 8/13/97 from Mr. Herbst to Lindsay RE: request to compel deft. to comply with their discovery obligations. (Bollbach, Jean) (Entered: 08/29/1997)

Aug. 27, 1997
17

ORDER dtd. 8/26/97, parties are directed to attend a conf. before the undersigned on 9/11/97 at 10:30 at which time the issued herein will be addressed ( signed by Magistrate Arlene R. Lindsay ) c/m (Bollbach, Jean) (Entered: 08/29/1997)

Aug. 27, 1997
18

Calendar entry: Case called before Mag. Judge Lindsay on 9/11/97 @ 10:30 a.m. for discovery conference Re: ltr. of 8/13/97 from Herbst & Greenwald. Mr. Herbst for pltff. Rep, Nassau: Taso Kalapoutis; NYS-no appearance. Mr. Drinan was reached but did not participate in conference. Issues raised by pltff. in his ltr. dtd. 8/13/97 were resolved by the parties. (Soto, Noelia) (Entered: 09/15/1997)

Sept. 11, 1997
19

LETTER dated 10/8/97 from counsel for defts to Magistrate Judge Lindsay re: request that discovery be stayed against the State defts at least until the pending motion is decided. (Mierzewski, Liz) (Entered: 10/14/1997)

Oct. 14, 1997
20

LETTER dated 10/5/97 from counsel for pltff to Magistrate Judge Lindsay re: request for a pre-motion conference. (Mierzewski, Liz) (Entered: 10/14/1997)

Oct. 14, 1997
21

LETTER dated 10/8/97 from counsel for Nassau County to Magistrate Judge Lindsay re: Pltff's application should be denied. (Mierzewski, Liz) (Entered: 10/23/1997)

Oct. 16, 1997
22

Calendar entry: Before Magistrate Judge Lindsay dtd 10/16/97 Case called for Discovery conference. Motion Pretrial scheduling order adopted. Automatic disclosure by 10/31/97. New pretrial scheduling order issued. (Mierzewski, Liz) (Entered: 10/23/1997)

Oct. 16, 1997

Endorsed order in doc. 22( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 10/23/1997)

Oct. 16, 1997
23

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 2/20/97 ; Pretrial conference for 3/6/98 ; Pretrial order to be submitted on or before 3/9/97 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 10/16/97 cm (Mierzewski, Liz) (Entered: 10/23/1997)

Oct. 16, 1997
24

ORDER, unsealing papers for discovery disclosure.. ( signed by Magistrate Arlene R. Lindsay ) dtd 10/22/97 cm (Mierzewski, Liz) (Entered: 10/31/1997)

Oct. 31, 1997
26

ORDER, reset status conference for 2:00 1/8/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 12/23/97 cm (Mierzewski, Liz) (Entered: 12/30/1997)

Dec. 30, 1997
28

LETTER dated 12/12/97 from counsel for pltff to Magistrate Judge Lindsay re: request for permission to file a motion for sanctions. (Mierzewski, Liz) (Entered: 01/12/1998)

Jan. 8, 1998
29

Calendar entry: Before Magistrate Judge Lindsay dtd 1/8/98 Case called for discovery conference. Pretrial scheduling order adopted. Deft. to provide copy of p9lice fule by 1/9/98, unsealing order to be filed w/ District court. 1/30/98 answers to outstanding interrogatories to be filed. counsel has bee advised that the fililure to respond by this date will likely result in sanctions. Asnwer by Sheriff to be filed by 1/21/98, Pltff to be deposed on 1/30/98. (Mierzewski, Liz) (Entered: 01/12/1998)

Jan. 8, 1998

Endorsed order in doc. 29( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 01/12/1998)

Jan. 8, 1998
31

ORDER, that the final conference of 3/9/98 is cancelled ( signed by Magistrate Arlene R. Lindsay ) dtd 1/8/98 cm (Mierzewski, Liz) (Entered: 01/12/1998)

Jan. 8, 1998
33

Calendar entry: Before Judge Wexler dtd 1/8/98 Case called for Motion for summary judgment. Motion denied. Orders published. Stip is vacated. Ref. to Mag/Judge for expedited discovery. (Mierzewski, Liz) (Entered: 01/20/1998)

Jan. 8, 1998
27

ORDER denying [9-1] motion to dismiss ( signed by Judge Leonard D. Wexler ) dtd 1/9/98 cm (Mierzewski, Liz) (Entered: 01/09/1998)

Jan. 9, 1998
30

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 3/27/98 ; Pretrial conference for 4/25/98 ; Pretrial order to be submitted on or before 4/6/98 ; ( signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 01/12/1998)

Jan. 12, 1998
32

ANSWER by "John" Ellison, John Doe, James H. Madden, County Of Nassau, Joseph Jablonsky to amended complaint; jury demand (Mierzewski, Liz) (Entered: 01/14/1998)

Jan. 14, 1998
34

ORDER, that the parties are directed to proceed w/ the depositions if assistance is required, objections are to be preserved until the end of the deposition for court assistance ( signed by Magistrate Arlene R. Lindsay ) dtd 3/12/98 cm (Mierzewski, Liz) (Entered: 03/13/1998)

March 13, 1998
35

MAIL RETURNED Order dtd 3/12/98 returned on 3/20/98 (Mierzewski, Liz) (Entered: 03/23/1998)

March 20, 1998
36

ORDER, set status conference for 3:00 3/30/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 3/23/98 cm (Mierzewski, Liz) (Entered: 03/24/1998)

March 23, 1998
37

ORDER, reset status conference for 11:00 3/31/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 3/25/98 cm (Mierzewski, Liz) (Entered: 03/25/1998)

March 25, 1998
39

Calendar entry: Before Magistrate Judge Lindsay dtd 3/31/98 Case called for discovery conference. Conference held. After it became clear that parties had not conferred on issues raised in the ltter motions, the court directed them to first do so. Parties later reported that they had resolved their outstanding issues. (Mierzewski, Liz) (Entered: 04/07/1998)

March 31, 1998
38

LETTER dated 3/19/98 from Taso Kalapoutis to Ms. Masters re: counsel will seek a protective order for depositions of any Assistant District Attorneys.. (Mierzewski, Liz) (Entered: 04/07/1998)

April 7, 1998
40

LETTER dated 3/19/98 from counsel for Nassau county defts to Magistrate Judge Lindsay re: request for a conference. (Mierzewski, Liz) (Entered: 04/08/1998)

April 7, 1998
41

LETTER dated 4/9/98 from counsel for pltff to Judge Lindsay re: request for an order directing defts to provide the outstanding discovery. (Mierzewski, Liz) (Entered: 04/22/1998)

April 21, 1998
42

AMENDED PRETRIAL SCHEDULING ORDER setting Discovery cutoff 6/30/98 ; Pretrial conference for 8/25/98 ; Pretrial order to be submitted on or before 7/22/98 ; ( signed by Magistrate Arlene R. Lindsay ) 4/17/98 cm (Mierzewski, Liz) (Entered: 04/22/1998)

April 21, 1998
43

Calendar entry: Before Magistrate judge Lindsay dtd 4/15/98 Case called for Final pretrial conference. Pretrial scheduling order adopted. Deft's to provide legivile blotter for time while pltf in precinct. Item #8 denied. This is not proer interrogatory, moreover, pltff's argument that these records may reveal gender bias is not relevant to the issues on this case..Discovery described in this calendar to be provide by 4/30/98. (Mierzewski, Liz) (Entered: 04/22/1998)

April 21, 1998

Endorsed order in doc. 43( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 04/22/1998)

April 21, 1998
44

LETTER dated 6/1/98 from Robert Herbst to Judge Lindsay re: request for a brief extension of the June 30, l998 deadline for completion of discovery. (Mierzewski, Liz) (Entered: 06/08/1998)

June 8, 1998
45

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 7/24/98 ; Pretrial conference for 10:00 8/25/98 ; Pretrial order to be submitted on or before 8/20/98 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 6/8/98 cm (Mierzewski, Liz) (Entered: 06/08/1998)

June 8, 1998
46

LETTER dated 6/3/98 from counsel for defts. to Magistrate Judge Lindsay re: response in opposition to pltffs application dtd 6/1/98. (Mierzewski, Liz) (Entered: 06/08/1998)

June 8, 1998
47

LETTER dated 6/8/98 from Mr. Herbst to Lindsay RE: in response to letter dtd. 6/3/98 from County Atty (Bollbach, Jean) (Entered: 06/11/1998)

June 10, 1998

Endorsment of doc# 47 - this comunication is returned to counsel as replies are not permitted w/o court leave ( Signed by Judge Denis R. Hurley ) c/m (Bollbach, Jean) (Entered: 06/11/1998)

June 10, 1998
48

ORDER, set status conference for 10:00 7/27/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 7/21/98 cm (Mierzewski, Liz) (Entered: 07/22/1998)

July 22, 1998
49

LETTER dated 6/30/98 from Robert Herbst to Judge Lindsay re: request for a telephone conference. (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
50

LETTER dated 7/2/98 from Robert Herbst to Judge Lindsay re: it was inappropriate for counsel to instruct the witness not to answer questions..request for a ruling. (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
51

LETTER dated 7/9/98 from Robert Herbst to Judge Lindsay re: counsel finds it necessary to take Judge Madden's deposition.. (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
52

LETTER dated 7/14/98 from counsel for defts. to Judge Lindsay re: request that the Court order the continuing deposition of pltff to preclude his testimony at trial. (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
53

LETTER dated 7/16/98 from Taso Kalapoutis to Judge Linds ay re: pltff's intentionally misleading behavior warrants sanctions under Rule 37. Fed. R. Civ. P.. (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
54

LETTER dated 7/18/98 from Brian K. Drinan to Judge Lindsay re: request that pltff's application to depose Judge Madden be denied... (Mierzewski, Liz) (Entered: 07/28/1998)

July 28, 1998
55

Calendar entry: Before Magistrate Judge Lindsay dtd 7/27/98 Case called for motion..ABA files to be produced by August l8. Internal affairs files of PO Ellison as an officer to be produced in their entirety for in camera review. To extent PO Ellison was charged as a C/o w/improper use of handcuffs those files also to be produced. (see calendar for details) (Mierzewski, Liz) (Entered: 07/30/1998)

July 28, 1998

Endorsed order in doc. 55( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 07/30/1998)

July 28, 1998
56

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 10/1/98 ; Pretrial conference for 9:00 10/19/98 ; ( signed by Magistrate Arlene R. Lindsay ) 8/25/98 cm (Mierzewski, Liz) (Entered: 08/26/1998)

Aug. 25, 1998
57

Calendar entry: Before Magistrate Judge Lindsay dtd 8/25/9 Case called for Rulings: A. Custody arraignments after the incident are irrelevant- objection sustained. B. Questions concerning attorney/client conversations are priviledged. C. As posed this question relating to events of l993 are irrevelant. D. Deft. may elicit details of cavity search. E. Pltff must identify clents re: claims to have told of incident. F. Pltff's counsel represents that loss of reputation in a religious context is not an issue therefore the question is irrevelant. As to June 30 letter deft. to produce items (a) and memo entries referred to in (g) for July 94 through July 95. Transcript of pltff's underling criminal hearing to be produced. (Mierzewski, Liz) (Entered: 08/26/1998)

Aug. 25, 1998

Endorsed order in doc. 57( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 08/26/1998)

Aug. 25, 1998
58

LETTER dated 7/25/98 from Robert Herbs to Judge Lindsay re: Issues that will be raised at the status conference on 7/27/98 @10:00. (Mierzewski, Liz) (Entered: 08/26/1998)

Aug. 25, 1998
59

LETTER dated 7/28/98 from Robert Herbst to Judge Lindsay re: enclosed copies of the pages of the deposition transcript of the pltff.. (Mierzewski, Liz) (Entered: 08/26/1998)

Aug. 25, 1998
60

LETTER dated 8/27/98 from Taso Kalapoutis to Judge Lindsay re: counsel is producing, for in camera inspection the Nassau County Police Department, Internal Affairs complaint files for deft. P.O. Ellison. (Mierzewski, Liz) (Entered: 08/31/1998)

Aug. 31, 1998
61

ORDER, extending time , reset discovery due for 11/6/98. No further extensions allowed ( signed by Magistrate Arlene R. Lindsay ) dtd 9/30/98 cm (Mierzewski, Liz) (Entered: 10/01/1998)

Oct. 1, 1998
62

ORDER, for appointment of William H. Pauley III as additional counsel for deft. ( signed by Judge Leonard D. Wexler ) dtd 10/1/98 cm (Mierzewski, Liz) (Entered: 10/01/1998)

Oct. 1, 1998
63

NOTICE of attorney appearance for County Of Nassau, Joseph Jablonsky, "John" Ellison by Paul F. Millus (Mierzewski, Liz) (Entered: 10/02/1998)

Oct. 1, 1998
64

ORDER, reset status conference for 9:00 11/20/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 10/23/98 cm (Mierzewski, Liz) (Entered: 10/26/1998)

Oct. 26, 1998
65

LETTER dated 10/27/98 from counsel for defts. to Judge Lindsay re: request that the Court order Mr. Shain to appear for deposition at any of the above listed locations prior to the discovery cutoff (Mierzewski, Liz) (Entered: 10/30/1998)

Oct. 29, 1998
66

ORDER, that the clerk is directed to return the internal affairs files to the Nassau County Police dept. ( signed by Magistrate Arlene R. Lindsay ) dtd 10/29/98 cm (Mierzewski, Liz) (Entered: 10/30/1998)

Oct. 29, 1998
67

ORDER, that pltff's deposition is to proceed in person on a mutually agreed date. The internal affairs files were ret'd to defense counsel in that they lacked relevance to this case. Mr. Drinan is to make his best efforts to contact Judge Madden and report his efforts to this Court ( signed by Magistrate Arlene R. Lindsay ) dtd 10/29/98 cm (Mierzewski, Liz) (Entered: 10/30/1998)

Oct. 29, 1998
69

Calendar entry: Before Magistrate Judge Lindsay dtd 11/20/98 Case called for Final pretrial conference. Pretrial order-January 13. Case to be marked ready thereafter. (Mierzewski, Liz) (Entered: 11/23/1998)

Nov. 23, 1998
70

ORDER, that counsel is directed to provide pltff's counsel w/the last known address of Judge Madden ( signed by Magistrate Arlene R. Lindsay ) dtd 11/20/98 cm (Mierzewski, Liz) (Entered: 11/23/1998)

Nov. 23, 1998
71

LETTER dated 11/16/98 from Robert L. Herbst to Judge Lindsay re: response to Drinan's letter of ll/10/98... (Mierzewski, Liz) (Entered: 11/23/1998)

Nov. 23, 1998
72

ORDER, extending time until 12/31/98 to file defts' motion for summary judgment ( signed by Judge Leonard D. Wexler ) dtd 1/5/99 cm (Mierzewski, Liz) (Entered: 01/05/1999)

Jan. 5, 1999
73

ORDER, extending time until 12/22/98 for defts to move for summary judment ( signed by Judge Leonard D. Wexler ) dtd 1/6/99 cm (Mierzewski, Liz) (Entered: 01/06/1999)

Jan. 6, 1999
74

ORDER, the application to extend time to submit the joint pretrial order is granted. Joint pretrial order to be submitted by 3/1/99. No further extensions will be granted. This case is to then be marked ready for trial ( signed by Magistrate Arlene R. Lindsay ) dtd 1/13/99 cm (Mierzewski, Liz) (Entered: 01/22/1999)

Jan. 15, 1999
75

ORDER, extending time until 3/1/99 for reply brief in further support of motion for summary judgment and in opposition to pltff's partial cross motion for summary judgment ( signed by Judge Leonard D. Wexler ) dtd 2/25/99 cm (Mierzewski, Liz) (Entered: 03/01/1999)

March 1, 1999
76

MOTION by County Of Nassau for summary judgment , Motion hearing [76-1] motion (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
77

MEMORANDUM by County Of Nassau in support of [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
78

REPLY MEMORANDUM OF LAW by County Of Nassau in further [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
79

Rule 56.1 Statement(formerly Rule 3(g) by County Of Nassau re: [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
80

CROSS MOTION by Ray E. Shain for summary judgment , Motion hearing (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
81

MEMORANDUM by Ray E. Shain in opposition to [80-1] cross motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
82

Rule 56.1 Statement(formerly Rule 3(g) by Ray E. Shain re: [80-1] cross motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

March 2, 1999
83

ORDER, that this case is marked ready for trial and is returned to the District Court for final disposition. ( signed by Magistrate Arlene R. Lindsay ) dtd 3/2/99 cm (Mierzewski, Liz) (Entered: 03/04/1999)

March 3, 1999
84

PRETRIAL ORDER filed by pltff (unsigned) (Mierzewski, Liz) (Entered: 03/04/1999)

March 3, 1999

CASE NO LONGER REFERRED TO Magistrate-Judge Arlene R. Lindsay as per doc # 83 (Garcia, Maria) (Entered: 04/01/1999)

March 3, 1999
85

Calendar entry: Before Judge Wexler dtd 4/30/99 Case called for Motion for Summary Judgment. All parties present. Motion argued. Jury selection 5/7/99 @9:00. Trial 5/11/99. Motion granted as to False Arrest, Malicious Prosecution and abuse of process. Motion Denied as to excessive force. (Mierzewski, Liz) (Entered: 05/05/1999)

April 30, 1999
86

Calendar entry: Before Judge Wexler dtd 5/7/99 Case called for Jury selection. Jury selection held. Jury selected. Trial to commence on 5/17/99 @9:30. (Mierzewski, Liz) (Entered: 05/10/1999)

May 7, 1999
87

ORDER, that request that the court order a video deposition to be conducted this Thursday afternoon is denied. Discovery is closed. Trial to commence on 5/17/99 ( signed by Judge Leonard D. Wexler dated: 5/12/99 cm (Mierzewski, Liz) (Entered: 05/12/1999)

May 12, 1999
88

LETTER dated 5/14/99 from Paul Milius to Judge Wexler re: request that the Court grant defts permission to conduct a brief depositon of Vanterpoole Mtundo and Gardy Augustin, whom pltff indicated today that he will be calling as witnesses at trial. (Mierzewski, Liz) (Entered: 05/17/1999)

May 17, 1999
89

LETTER dated 5/14/99 from Robert Herbst to Judge Wexler re: response to defense counsel's May 14 letter, seeking leave to conduct discovery depositions during the trial. (Mierzewski, Liz) (Entered: 05/17/1999)

May 17, 1999
90

LETTER dated 5/16/99 from counsel for pltff to Judge Wexler re: request for an opportunity before opening statement to seek and obtain certain rulings in limine. (Mierzewski, Liz) (Entered: 05/17/1999)

May 17, 1999
91

LETTER dated 5/17/99 from counsel for defts. to Judge Wexler re: The motion in limine should be denied. (Mierzewski, Liz) (Entered: 05/17/1999)

May 17, 1999
92

Calendar entry: Before Judge Wexler dtd 5/17/99 Case called for Trial. Trial ordered and begun. Trial with jury. Court instructs jury. Trial continued to 5/18/99 @9:30. (Mierzewski, Liz) (Entered: 05/18/1999)

May 17, 1999
93

Calendar entry: Before Judge Wexler dtd 5/18/99 Case called for Trial. Trial resumed. Jury continued to 5/19/99 @9:30. (Mierzewski, Liz) (Entered: 05/18/1999)

May 18, 1999
94

Calendar entry: Before Judge Wexler dtd 5/19/99 Case called for Trial. Trial resumed. Counsel present. Pltff's motion for mistrial-granted as indicated on the record. Jury selection 6/4/99-Trial 6/14/99. (Mierzewski, Liz) (Entered: 05/27/1999)

May 19, 1999
95

ORDER granting in part, denying in part [80-1] cross motion for summary judgment ( signed by Judge Leonard D. Wexler , Dated 6/1/99) cm (Mierzewski, Liz) (Entered: 06/01/1999)

June 1, 1999

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 29, 1996

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Misdemeanor detainee who was strip-searched at the county correctional facility.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Nassau (Nassau), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 2002 - 2004

Issues

General:

Search policies

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run