Case: Munday v. Beaufort County

9:20-cv-02144 | U.S. District Court for the District of South Carolina

Filed Date: June 5, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) This lawsuit was first filed in South Carolina state court and removed to the United States District Court for the District of South Carolina on June 5, 2020. This class action lawsuit alleged that between 2015 and 2020, Beaufort County Detention Center unconstitutionally strip searched all female detainees, but not similarly-situated male detainees, in violation of the Fourth and Fourteenth Amendments of the United States Constitution, and the South Carolina Constitution. This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17236872/parties/munday-v-beaufort-county/


Judge(s)
Attorney for Plaintiff

Fargnoli, Christina Rae (South Carolina)

Jr, Samuel Richard (South Carolina)

Attorney for Defendant

Fletcher, John William (South Carolina)

Jr, Morris Dawes (South Carolina)

Lohr, Mary Bass (South Carolina)

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Documents in the Clearinghouse

Document
12

9:20-cv-02144

Amended Class Action Complaint

Aug. 5, 2020

Aug. 5, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17236872/munday-v-beaufort-county/

Last updated Feb. 8, 2025, 6:06 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Beaufort County Court of Common Pleas, case number 2020-CP-07-604. (Filing fee $ 400 receipt number 0420-9138785), filed by Beaufort County, Philip Foot, Quandara Grant, John Does 1-5, Jane Does 1-5. (Attachments: # 1 State Court Documents)(cpeg, ) Modified on 6/11/2020 to correct docket text (cpeg, ). (Entered: 06/09/2020)

1 State Court Documents

View on PACER

June 5, 2020

June 5, 2020

PACER
3

Local Rule 26.01 Answers to Interrogatories by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5.(cpeg, ) (Entered: 06/11/2020)

June 5, 2020

June 5, 2020

RECAP
4

CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 7/13/2020, 26(a) Initial Disclosures due by 7/27/2020, Rule 26 Report due by 7/27/2020, Motions to Amend Pleadings due by 8/17/2020, Plaintiffs ID of Expert Witness due by 9/17/2020, Defendants ID of Expert Witnesses Due by 10/16/2020, Records Custodian Affidavit due by 10/16/2020, Discovery due by 12/16/2020, Motions due by 2/15/2021, Mediation Due by 1/15/2021. Signed by Magistrate Judge Bristow Marchant on 06/22/2020. (cpeg, ) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
5

NOTICE of Appearance by Bert Glenn Utsey, III on behalf of Margaret Devine, Cheryl A Munday (Utsey, Bert) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Case Reassigned to Magistrate Judge Molly H Cherry. Magistrate Judge Bristow Marchant no longer assigned to the case. (swil, )

July 9, 2020

July 9, 2020

PACER

Clerk Notes Case Assign Public

July 9, 2020

July 9, 2020

PACER
6

First MOTION to Amend/Correct 4 Scheduling Order,, by Beaufort County. Response to Motion due by 8/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
7

Joint Rule 26(f) Report by Beaufort County.(Lohr, Mary) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
8

Local Rule 26.03 Answers to Interrogatories by Beaufort County.(Lohr, Mary) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
9

Local Rule 26.03 Answers to Interrogatories by Margaret Devine, Cheryl A Munday.(Utsey, Bert) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
10

AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 12/16/2020, Plaintiffs ID of Expert Witness due by 1/26/2021, Defendants ID of Expert Witnesses Due by 2/15/2021, Records Custodian Affidavit due by 2/15/2021, Discovery due by 4/16/2021, Motions due by 4/16/2021, Mediation Due by 5/17/2021. Signed by Magistrate Judge Molly H Cherry on 07/28/2020. (cpeg, ) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
11

REFERENCE 10 ORDER granting 6 Motion to Amend/Correct. Signed by Magistrate Judge Molly H Cherry on 07/28/2020.(cpeg, ) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
12

AMENDED COMPLAINT against All Defendants, filed by Cheryl A Munday, Margaret Devine. Service due by 11/3/2020 (Utsey, Bert) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

Clearinghouse
13

Defendant's ANSWER to 12 Amended Complaint by Beaufort County, Jane Doe 1-5, John Doe 1-5, Philip Foot and Quandara Grant.(Lohr, Mary) Modified to add filers on 8/27/2020 (cpeg, ). (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
14

Consent MOTION for Protective Order by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 12/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

RECAP
15

Text Order denying Consent Motion for Protective Order (ECF No. 14 ) without prejudice. The parties are reminded that protective agreements intended to limit access to and use of discovery materials do not require prior judicial approval, pursuant to Local Rule 26.08 (D.S.C.). To the extent the parties are nevertheless seeking an order from the Court, the Court has adopted a form Confidentiality Order for use in this District, which can be found on the District Courts website. Pursuant to the instructions included with the form Confidentiality Order, the Court requires use of the form Confidentiality Order as a base form but will consider requested modifications of the language within the form Order. To the extent the parties are seeking something altogether different from the form Order, they are instructed to submit a motion to the Court with sufficient explanation as to why the form Confidentiality Order is not sufficient to address the matter. Entered at the direction of Magistrate Judge Molly H Cherry on 12/02/2020.(cpeg, ) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
16

MOTION for Extension of Time by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 3/2/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
17

Text order denying, without prejudice, the Motion for Extension of Time (ECF No. 16 ), which was filed on February 16, 2021. The Motion does not comply with Local Rule 6.01, which requires that motions for extensions include, inter alia, a statement giving the reasons for the request; the date of the current deadline; whether the deadline has previously been extended; the number of additional days requested, as well as the proposed date of the new deadline; and whether the extension requested would affect other deadlines. Entered at the direction of Magistrate Judge Molly H Cherry on 02/17/2021.(cpeg, ) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
18

MOTION for Extension of Time by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 3/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
19

SECOND AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 5/26/2021, Defendants ID of Expert Witnesses Due by 6/16/2021, Records Custodian Affidavit due by 6/16/2021, Discovery due by 8/27/2021, Motions due by 8/27/2021, Mediation Due by 9/30/2021. Signed by Magistrate Judge Molly H Cherry on 02/18/2021. (cpeg, ) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

RECAP
20

REFERENCE 19 ORDER granting 18 Motion for Extension of Time. Signed by Magistrate Judge Molly H Cherry on 02/18/2021.(cpeg, ) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
21

NOTICE of Request for Protection from Court Appearance by Mary Bass Lohr for June 23, 2021 to July 6, 2021 (Lohr, Mary) Modified on 6/21/2021 to update event type (cpeg, ). (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
22

TEXT ORDER re ECF No. 21 Request for Protection from Court Appearance. The undersigned grants protection to Attorney Mary Bass Lohr for June 23, 2021 through July 6, 2021. This Order does not afford protection from any appearance required before the District Court Judge assigned to this case, although he may separately grant such protection. AND IT IS SO ORDERED Entered at the direction of Magistrate Judge Molly H Cherry on 06/21/2021.(cpeg, ) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
23

MOTION for Extension of Time by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 9/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Proposed Consent Scheduling Order)No proposed order.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
24

NOTICE of Hearing: Telephonic Status Conference set for 9/16/2021 10:00 AM before Magistrate Judge Molly H Cherry. NOTE: Call-in instructions will be provided to counsel. (egra, ) Modified on 9/14/2021 to edit docket text (egra, ). (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
25

Minute Entry. Status conference held before Magistrate Judge Molly H Cherry with Attorneys Bert Glenn Utsey, III; Robert S Metro; and Mary Bass Lohr regarding discovery and scheduling order. Telephone Conference held on 9/16/2021. (egra, ) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
26

THIRD AMENDED SCHEDULING ORDER NO FURTHER EXTENSIONS WILL BE GRANTED Plaintiffs ID of Expert Witness due by 11/15/2021, Defendants ID of Expert Witnesses Due by 12/15/2021, Motions for Class Certification Due by 12/01/2021, Records Custodian Affidavit due by 1/15/2022, Discovery due by 2/27/2022, Motions due by 4/30/2022, Mediation Due by 3/30/2022. Signed by Magistrate Judge Molly H Cherry on 09/17/2021. (hcor, ) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
27

REFERENCE 26 ORDER granting 23 Motion for Extension of Time. Signed by Magistrate Judge Molly H Cherry on 09/17/2021.(hcor, ) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
28

NOTICE of Appearance by Samuel Richard Clawson, Jr on behalf of Margaret Devine, Cheryl A Munday (Clawson, Samuel) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
29

NOTICE of Appearance by Christina Rae Fargnoli on behalf of Margaret Devine, Cheryl A Munday (Fargnoli, Christina) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
30

PLAINTIFF'S ID OF EXPERT WITNESSES by Margaret Devine, Cheryl A Munday.(Utsey, Bert) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
31

MOTION to Certify Class by Margaret Devine, Cheryl A Munday. Response to Motion due by 12/15/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Document - Searches/Contraband and Preservation/Disposition of Evidence, # 3 Exhibit 2 - Deposition Excerpts, # 4 Exhibit 3 - Memo dated 2/27/2015, # 5 Exhibit 4 - Memo dated 3/11/2016)No proposed order.Motions referred to Molly H Cherry.(Fargnoli, Christina) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
32

MOTION for Extension of Time by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 12/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)No proposed order.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
33

DEFENDANT'S ID OF EXPERT WITNESSES by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5.(Lohr, Mary) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
34

RESPONSE in Opposition re 31 MOTION to Certify Class Response filed by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5.Reply to Response to Motion due by 12/22/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Exhibit 1 - (Grant p. 20 l.12-14) Pre-Classification, # 2 Exhibit Exhibit 2 - (Grant p.29 l. 13-17) Detention of Males, # 3 Exhibit Exhibit 3 - (Grant p. 21 l. 3-12) Detention of Males, # 4 Exhibit Exhibit 4 - (Grant p.50 l.17-18) Searches in re BCDC Policy, # 5 Exhibit Exhibit 5 - (Grant p. 29 - 30) Prior Searching of Males, # 6 Exhibit Exhibit 6 - (Grant p.37 - 38) Preclass of Females, # 7 Exhibit Exhibit 7 - (Grant p.28 l. 4-13) Searching of PreClass Women, # 8 Exhibit Exhibit 8 - Highlighted BCDC Floor Plan, # 9 Exhibit Exhibit 9 - (Black p.18 l.16-17) Location of Female Searches, # 10 Exhibit Exhibit 10 - (Black p. 53 l. 1-5) Location of Female Searches, # 11 Exhibit Exhibit 11 - (Munday p. 35) Munday Testimony in re Strip Search, # 12 Exhibit Exhibit 12 - (Devine p. 42 l. 5-16) Devine Experience in re Search, # 13 Exhibit Exhibit 13 - (Devine p. 33 l. 18) Devine Testimony of Trauma)(Lohr, Mary) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
35

TEXT ORDER granting 32 Defendant's unopposed Motion for Extension of Time. The deadline for Defendants to produce their experts report pursuant to Rule 26(2)(B) is extended to January 7, 2022. Signed by Magistrate Judge Molly H Cherry on 12/22/2021.(cwhi, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
36

REPLY to Response to Motion re 31 MOTION to Certify Class Response filed by Margaret Devine, Cheryl A Munday. (Fargnoli, Christina) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
37

NOTICE of Hearing on Motion 31 MOTION to Certify Class : Motion Hearing set for 3/9/2022 01:00 PM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Molly H Cherry. (egra, ) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
38

ADR STATEMENT/CERTIFICATION by Margaret Devine, Cheryl A Munday (Utsey, Bert) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
39

Minute Entry. Proceedings held before Magistrate Judge Molly H. Cherry: Hearing on 31 Motion to Certify Class held on 3/10/2022. Attorneys Robert S. Metro; Bert Glenn Utsey, III; and Mary Bass Lohr present. Court hears oral arguments. Defendants have until March 24 to submit any supplemental briefing, not to exceed 10 pages. Plaintiffs will then have five days to respond to any supplemental briefing, not to exceed 10 pages. Court to issue written report and recommendation. Court Reporter Karen Martin. (egra, ) (Entered: 03/10/2022)

March 9, 2022

March 9, 2022

PACER
40

RESPONSE in Opposition re 31 MOTION to Certify Class Response filed by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5.Reply to Response to Motion due by 3/30/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents Affidavit of Quandara Grant)(Lohr, Mary) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
41

MOTION to Strike 40 Response in Opposition to Motion, by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 4/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Q. Grant)No proposed order.Motions referred to Molly H Cherry.(Lohr, Mary) (Attachment 1 replaced on 4/1/2022) (egra, ). Modified on 4/1/2022 attachment replaced per Text Order 47 (egra, ). (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
42

REPLY to Response to Motion re 31 MOTION to Certify Class Response filed by Margaret Devine, Cheryl A Munday. (Fargnoli, Christina) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
43

NOTICE of Appearance by Morris Dawes Cooke, Jr on behalf of Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5 (Cooke, Morris) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
44

MOTION to Withdraw as Attorney Mary Lohr by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 4/14/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Molly H Cherry.(Lohr, Mary) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
45

TEXT ORDER granting 44 Motion to Withdraw as Attorney. Mary Lohr of Howell, Gibson & Hughes, P.A., is hereby relieved as counsel for Defendants. Morris Dawes Cooke, Jr. of Barnwell Whaley Patterson and Helms LLC will remain as counsel of record for Defendants. It is so ordered. Signed by Magistrate Judge Molly H Cherry on 04/01/2022. (egra, ) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
47

TEXT ORDER granting 41 Consent Motion to Strike/Substitute Defendants' Affidavit of Quandara Grant. The clerk is directed to replace the document currently filed at ECF No. 40-1 (labeled Supporting Documents Affidavit of Quandara Grant) with the document filed at ECF No. 41-1 (labeled Exhibit 1 - Affidavit of Q. Grant). It is so ordered. Signed by Magistrate Judge Molly H Cherry on 04/01/2022. (egra, ) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
48

MOTION for Summary Judgment by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Grant Deposition Excerpt, # 3 Exhibit B - Defendants' Answers to Interrogatories, # 4 Exhibit C - Treece Case, # 5 Exhibit D - Anderson Case, # 6 Exhibit E - Williams Case, # 7 Exhibit F - Frazier Case, # 8 Exhibit G - Foley Case, # 9 Exhibit H - Wiltz Case, # 10 Exhibit I - Ferrara Case, # 11 Exhibit J - Washington Case (R&R), # 12 Exhibit K - Washington Case (Ruling on R&R), # 13 Exhibit L - Boyd Case, # 14 Exhibit M - Rosendall Case, # 15 Exhibit N - Newman Case, # 16 Exhibit O - Harkness Case, # 17 Exhibit P - Lindquist Case, # 18 Exhibit Q - Pruitt Case, # 19 Exhibit R - Devine Deposition Excerpt, # 20 Exhibit S - Munday Deposition Excerpt, # 21 Exhibit T - BCDC Policy 5.14, # 22 Exhibit U - Stockholm Case, # 23 Exhibit V - Johnson Case, # 24 Exhibit W - Land Case, # 25 Exhibit X - Blackbaud Case)No proposed order.Motions referred to Molly H Cherry.(Fletcher, John) (Entered: 05/02/2022)

1 Memo in Support

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2 Exhibit A - Grant Deposition Excerpt

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3 Exhibit B - Defendants' Answers to Interrogatories

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4 Exhibit C - Treece Case

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5 Exhibit D - Anderson Case

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6 Exhibit E - Williams Case

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7 Exhibit F - Frazier Case

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8 Exhibit G - Foley Case

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9 Exhibit H - Wiltz Case

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10 Exhibit I - Ferrara Case

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11 Exhibit J - Washington Case (R&R)

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12 Exhibit K - Washington Case (Ruling on R&R)

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13 Exhibit L - Boyd Case

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14 Exhibit M - Rosendall Case

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15 Exhibit N - Newman Case

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16 Exhibit O - Harkness Case

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17 Exhibit P - Lindquist Case

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18 Exhibit Q - Pruitt Case

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19 Exhibit R - Devine Deposition Excerpt

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20 Exhibit S - Munday Deposition Excerpt

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21 Exhibit T - BCDC Policy 5.14

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22 Exhibit U - Stockholm Case

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23 Exhibit V - Johnson Case

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24 Exhibit W - Land Case

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25 Exhibit X - Blackbaud Case

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May 2, 2022

May 2, 2022

PACER
49

REPORT AND RECOMMENDATION of Magistrate Judge Molly H Cherry. It is RECOMMENDED that 31 Plaintiffs' Motion to Certify Class be GRANTED, consistent with the revised class definition as set forth in the R&R. Objections to R&R due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Molly H Cherry on 05/02/2022. (apsn) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
50

MOTION to Exclude Defendants' Expert Sean T. Stewart by Margaret Devine, Cheryl A Munday. Response to Motion due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Amended Complaint, # 3 Exhibit B - Stewart Expert Report, # 4 Exhibit C - Stewart Deposition Transcript)No proposed order.Motions referred to Molly H Cherry.(Fargnoli, Christina) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
51

MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment by Margaret Devine, Cheryl A Munday. Response to Motion due by 5/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Molly H Cherry.(Utsey, Bert) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
52

TEXT ORDER granting 51 Motion for Extension of Time. Plaintiffs' Response to the Motion for Summary Judgment is due by June 1, 2022. Response to Motion due by 6/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the direction of Magistrate Judge Molly H Cherry on 05/05/2022.(apsn) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
53

Consent MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Exclude Defendants' Expert Sean T. Stewart by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 5/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Fletcher, John) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

May 5, 2022

May 5, 2022

PACER
54

TEXT ORDER granting 53 Consent Motion for Extension of Time. Defendants' Response to the Motion to Exclude (ECF No. 50) is due by June 6, 2022. Entered at the direction of Magistrate Judge Molly H Cherry on 5/6/2022.(dgar) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

May 6, 2022

May 6, 2022

PACER
55

OBJECTION to 49 Report and Recommendation by All Defendants. Reply to Objections due by 5/31/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Fletcher, John) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
56

RESPONSE in Opposition re 48 MOTION for Summary Judgment Response filed by Margaret Devine, Cheryl A Munday.Reply to Response to Motion due by 6/7/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - 2017 BCDC Study, # 2 Exhibit B - 2008 BCDC Study, # 3 Exhibit C - Davis Depo Excerpts, # 4 Exhibit D - Grant Depo Excerpts, # 5 Exhibit E - Depo Exhibit - Case Summaries, # 6 Exhibit F - BCDC Policies)(Fargnoli, Christina) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
57

Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. Response to Motion due by 6/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Molly H Cherry.(Fletcher, John) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
58

TEXT ORDER granting 57 Consent Motion for Extension of Time. Defendants' Reply in Support of their Motion for Summary Judgment is due by June 14, 2022. Entered at the direction of Magistrate Judge Molly H Cherry on 06/03/2022.(apsn) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

June 3, 2022

June 3, 2022

PACER
59

RESPONSE in Opposition re 50 MOTION to Exclude Defendants' Expert Sean T. Stewart Response filed by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5.Reply to Response to Motion due by 6/13/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Sweat Case, # 2 Exhibit B - Sessler Case, # 3 Exhibit C - Stile Case, # 4 Exhibit D - Bailey Case, # 5 Exhibit E - Corbin Case, # 6 Exhibit F - Frazier Case)(Fletcher, John) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
60

NOTICE of Hearing on Objections to REPORT AND RECOMMENDATION : Hearing set for 7/12/2022 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (hcor, ) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
61

MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Exclude Defendants' Expert Sean T. Stewart by Margaret Devine, Cheryl A Munday. Response to Motion due by 6/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Molly H Cherry.(Utsey, Bert) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER

Notice of Hearing on Motion

June 7, 2022

June 7, 2022

PACER
62

TEXT ORDER granting 61 Motion for Extension of Time. Plaintiffs' Reply in support of their Motion to Exclude Defendants' Expert is due by June 23, 2022.Entered at the direction of Magistrate Judge Molly H Cherry on 06/08/2022.(apsn) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

June 8, 2022

June 8, 2022

PACER
63

REPLY to Response to Motion re 48 MOTION for Summary Judgment Response filed by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. (Attachments: # 1 Exhibit A - SC Jail Standards)(Fletcher, John) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
65

REPLY to Response to Motion re 50 MOTION to Exclude Defendants' Expert Sean T. Stewart Response filed by Margaret Devine, Cheryl A Munday. (Fargnoli, Christina) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
66

NOTICE of Cancellation of Hearing: Hearing set for 7/12/2022 11:00 AM (hcor, ) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER

Notice of Cancellation of Hearing

July 11, 2022

July 11, 2022

PACER
67

NOTICE of Appearance by John William Fletcher on behalf of Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5 (Fletcher, John) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
68

ORDER adopting 49 Report and Recommendation and granting 31 Motion to Certify Class Signed by Honorable David C Norton on 7/14/2022.(nhaj, ) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
70

MOTION for Extension of Time by Margaret Devine, Cheryl A Munday. Response to Motion due by 7/29/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Molly H Cherry.(Utsey, Bert) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
71

TEXT ORDER granting 70 Motion for Extension of Time. The deadline for the parties to submit their proposed Class Notice or a statement explaining any outstanding issues is extended to August 4, 2022.Entered at the direction of Magistrate Judge Molly H Cherry on 07/19/2022.(apsn) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

Order on Motion for Extension of Time

July 19, 2022

July 19, 2022

PACER
73

Text Order extending the deadline for the parties to submit their proposed Class Notice to the Court until after a ruling on Defendants Motion for Summary Judgment. Within ten days of the Court's ruling on Defendants' Motion for Summary Judgment, the parties shall submit a proposed Scheduling Order for the remaining tasks in the case, including submission of the proposed Class Notice. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 07/29/2022. (apsn) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER

Order

July 29, 2022

July 29, 2022

PACER
74

Consent MOTION to Appoint Counsel and Class Representatives by Margaret Devine, Cheryl A Munday. Response to Motion due by 8/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Utsey, Bert) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
75

ORDER granting 74 Consent MOTION to Appoint Counsel and Class Representatives Signed by Magistrate Judge Molly H Cherry on 08/11/2022.(apsn) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
76

REPORT AND RECOMMENDATION and ORDER of Magistrate Judge Molly H Cherry. It is RECOMMENDED that 48 Motion for Summary Judgment be GRANTED, in part, and DENIED, in part. It is ORDERED that Plaintiffs' request to amend their Amended Complaint to name new Defendants is DENIED. Further details set forth in R&R. Objections to R&R due by 11/14/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Molly H Cherry on 10/28/2022. (apsn, ) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
77

Consent MOTION for Extension of Time To Submit Objection to Report and Recommendation [#76] by Margaret Devine, Cheryl A Munday. Response to Motion due by 11/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Utsey, Bert) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
78

TEXT ORDER granting 77 Motion for Extension of Time. Objections to Report and Recommendation due 11/24/2022. Signed by Honorable David C Norton on 11/8/2022.(eric, ) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER

Order on Motion for Extension of Time

Nov. 8, 2022

Nov. 8, 2022

PACER
79

OBJECTION to 76 Report and Recommendation by Beaufort County. Reply to Objections due by 11/28/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Fletcher, John) (Entered: 11/13/2022)

Nov. 13, 2022

Nov. 13, 2022

PACER
80

REPLY by Margaret Devine, Cheryl A Munday to 79 Objection to Report and Recommendation 76 . (Utsey, Bert) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
81

REPLY to Response to Motion re 76 REPORT AND RECOMMENDATION re 48 MOTION for Summary Judgment filed by Beaufort County, John Does 1-5, Philip Foot, Jane Does 1-5, Quandara Grant Reply in Support of Objections to Report and Recommendation Response filed by Beaufort County. (Fletcher, John) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
82

ORDER granting in part and denying in part 48 Motion for Summary Judgment; adopting in part 76 Report and Recommendation. Signed by Honorable David C Norton on March 27, 2023. (juwh,) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

RECAP
83

ORDER denying 50 Motion to Exclude. Signed by Honorable David C Norton on March 31, 2023. (juwh,) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

PACER
84

MOTION to Amend/Correct 73 Order,, Consent Scheduling Order by Margaret Devine, Cheryl A Munday. Response to Motion due by 4/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Clawson, Samuel) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
85

ORDER granting 84 Motion to Amend/Correct. Details and deadlines set forth in order. Signed by Honorable David C Norton on 4/12/2023.(eric, ) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
87

MOTION for Reconsideration re 82 Order on Motion for Summary Judgment, Order on Report and Recommendation Pursuant to Rule 59(e), MOTION to Amend/Correct 82 Order on Motion for Summary Judgment, Order on Report and Recommendation ( Response to Motion due by 5/8/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Beaufort County. No proposed order.(Fletcher, John) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
88

NOTICE of Request for Protection from Court Appearance by John William Fletcher for June 21-30, 2023 (Fletcher, John) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
89

RESPONSE in Opposition re 87 MOTION for Reconsideration. Response filed by Margaret Devine, Cheryl A Munday . Reply to Response to Motion due by 5/12/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Utsey, Bert) Modified docket text to correct event type on 5/5/2023 (hcor, ). (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
90

REPLY to Response to Motion re 87 MOTION for Reconsideration re 82 Order on Motion for Summary Judgment, Order on Report and Recommendation Pursuant to Rule 59(e) MOTION to Amend/Correct 82 Order on Motion for Summary Judgment, Order on Report and Recommendation Response filed by Beaufort County, Philip Foot, Quandara Grant, Jane Does 1-5, John Does 1-5. (Attachments: # 1 Exhibit A - Kadel Case, # 2 Exhibit B - Quinones Case, # 3 Exhibit C - Wandji Case, # 4 Exhibit D - Coggins Case)(Fletcher, John) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
91

TEXT ORDER granting protection from court appearances to John William Fletcher for 6/21-30/2023. Signed by Honorable David C Norton on 5/22/2023. (eric, ) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

PACER

Order

May 22, 2023

May 22, 2023

PACER
92

Letter from Plaintiff Notice of Class Certification. (Clawson, Samuel) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
93

MOTION for Partial Summary Judgment by Margaret Devine, Cheryl A Munday. Response to Motion due by 6/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Plaintiff's Memorandum in Support of Partial Summary Judgment)No proposed order.(Utsey, Bert) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
94

Consent MOTION for Extension of Time to File Response/Reply as to 93 MOTION for Partial Summary Judgment by Beaufort County. Response to Motion due by 6/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Fletcher, John) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Women who were admitted to Beaufort County Detention Center and subject to strip-searches and other invasive searches.

Plaintiff Type(s):

Private Plaintiff

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Beaufort County (Beaufort), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Sex w/ staff; sexual harassment by staff

Strip search policy (facilities)