Case: Bynum v. District of Columbia

1:02-cv-00956 | U.S. District Court for the District of Columbia

Filed Date: May 15, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 15, 2002, on behalf of themselves and all others similarly situated, plaintiffs filed a 42 U.S.C. § 1983 class action suit in the District Court for the District of Columbia, claiming that D.C. Jail officials violated their Fourth, Fifth, and Eighth Amendment rights in detaining them beyond their release dates and violated their Fourth and Fifth Amendment rights by conducting blanket strip searches. According to the plaintiffs, the District routinely strip searched and rebooked prisoners…

On May 15, 2002, on behalf of themselves and all others similarly situated, plaintiffs filed a 42 U.S.C. § 1983 class action suit in the District Court for the District of Columbia, claiming that D.C. Jail officials violated their Fourth, Fifth, and Eighth Amendment rights in detaining them beyond their release dates and violated their Fourth and Fifth Amendment rights by conducting blanket strip searches.

According to the plaintiffs, the District routinely strip searched and rebooked prisoners returning from court, even when charges were dismissed or they were otherwise ordered released. The prisoners would then remain in unlawful custody for as many as several weeks.

The District moved to dismiss the suit for failure to state a claim. The District Court (Judge Royce C. Lamberth) denied the motion and held that the second amended complaint stated valid claims under the Fourth and Fourteenth Amendments. Bynum v. District of Columbia, 257 F.Supp.2d 1 (D.D.C. 2002). The District then moved for summary judgment, which the District Court denied as premature, given that discovery had not yet begun. Bynum v. District of Columbia, 215 F.R.D. 1 (D.D.C. 2003).

On March 31, 2003, the District Court granted in part and denied in part plaintiffs' motion for class certification. The certified class consisted of persons who were overdetained by any DC Department of Corrections facility in the three years preceding the filing of the case, up to and until the date the case was terminated. ("Overdetention Class"). Plaintiffs' request for a sub-class of strip searched persons ("Strip Search class") was denied without prejudice as the sub-class as defined didn't meet the numerosity requirement. Bynum v. District of Columbia, 214 F.R.D. 27 (D.D.C. 2003).

Plaintiffs filed a second motion to certify the Strip Search class, changing the class definition to consist of persons who were strip searched as part of their out processing from DC Department of Corrections custody. The Court granted plaintiffs' motion and certified the Strip Search class. Bynum v. District of Columbia, 217 F.R.D. 43 (D.D.C. 2003).

While denying a pattern and practice of overdetentions and strip searches, DC agreed in 2005 to pay $14 million to settle the lawsuit: $5 million to build a new Inmate Processing Center (IPC), $200,000 each to six named plaintiffs, over $4 million in attorney fees, and the balance to nearly 4,000 class members and administration fees. The average payment per class member was expected to be about $2,700, but the amount would vary based on the length of over-detention. The District Court (Judge Lamberth) preliminarily approved the settlement on August 25, 2005 and set the matter for a formal approval hearing. Bynum v. District of Columbia, 384 F.Supp.2d 342 (D.D.C. 2005).

Judge Lamberth issued a Final Approval Order after a fairness hearing in January 2006. Bynum v. District of Columbia, 412 F.Supp.2d 73 (D.D.C. 2006).

Rosenthal & Company was appointed as administrator of the class settlement fund. Harold W. Johnson, Jr. filed an emergency motion to stay the distribution of the class settlement funds, apparently challenging the list of class claimants. Following nearly a year of litigation on the issue, the District Court entered an order directing Rosenthal & Company to prepare a final list of class claimants to receive payment under the settlement, so that distribution of the funds could proceed. This case is closed.

Note that following the Bynum settlement, a new lawsuit was filed against the District, alleging that the practices of overdetention and strip searches continued despite the Bynum settlement. That case was styled Barnes v. District of Columbia, Civil Action No. 06-315 (RCL). [See JC-DC-5 of this collection].

Summary Authors

Margo Schlanger (11/2/2006)

Related Cases

Barnes v. District of Columbia, District of Columbia (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4634656/parties/bynum-v-govt-of-dc/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Claiborne, William Charles III (District of Columbia)

Cunningham, Lynn E. (Wyoming)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Attorneys(s) for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Becker, Leonard H. (District of Columbia)

Love, Richard Stuart (District of Columbia)

Porter, Veronica A. (District of Columbia)

Spagnoletti, Robert J. (District of Columbia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Claiborne, William Charles III (District of Columbia)

Cunningham, Lynn E. (Wyoming)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Attorneys(s) for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Becker, Leonard H. (District of Columbia)

Love, Richard Stuart (District of Columbia)

Porter, Veronica A. (District of Columbia)

Spagnoletti, Robert J. (District of Columbia)

Valentine, George C. (District of Columbia)

Documents in the Clearinghouse

Document

1:02-cv-00956

Docket (PACER)

April 23, 2007

April 23, 2007

Docket
37

1:02-cv-00956

Memorandum and Order (Denial of Motion to Dismiss)

257 F.Supp.2d 1

Nov. 18, 2002

Nov. 18, 2002

Order/Opinion
68

1:02-cv-00956

Memorandum and Opinion [Re: Class Certification]

214 F.R.D. 27

March 31, 2003

March 31, 2003

Order/Opinion
70

1:02-cv-00956

Memorandum and Order [Denial of Summary Judgment]

215 F.R.D. 1

March 31, 2003

March 31, 2003

Order/Opinion
94

1:02-cv-00956

Memorandum Opinion [Re: Protective Order]

217 F.R.D. 43

Aug. 11, 2003

Aug. 11, 2003

Order/Opinion
94

1:02-cv-00956

Memorandum Opinion [Motion for Class Certification]

Aug. 11, 2003

Aug. 11, 2003

Order/Opinion
122-1

1:02-cv-00956

Settlement Motion: Motion for Approval of Settlement of Class Action

June 16, 2005

June 16, 2005

Pleading / Motion / Brief
122-3

1:02-cv-00956

Order Preliminarily Approving Settlement Class Notice and Notice of Hearing [Proposed]

June 16, 2005

June 16, 2005

Order/Opinion
122-2

1:02-cv-00956

Settlement Agreement

June 27, 2005

June 27, 2005

Settlement Agreement
128

1:02-cv-00956

Order Preliminarily Approving Settlement, Class Notice and Notice of Hearing

Aug. 31, 2005

Aug. 31, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4634656/bynum-v-govt-of-dc/

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff MARCUS BYNUM, plaintiff LAZARO UGARTE, plaintiff KIM NABINETTE; jury demand (mpt) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

PACER
2

NOTIFICATION OF RELATED CASE: Case related to Case No(s): 00ms149 and 01cv2418 (mpt) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

PACER
3

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 5/23/02 upon defendant GOVT OF DC (mpt) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
4

AMENDED COMPLAINT by plaintiff adding plaintiffs ROBERT WHOIE, THOMAS ANTHONY VAUGHN, NORMAN HINTON JONES, CLIFTON A. BROWNE, MELLISSA HUGHES, LEROY S. THOMAS, DWIGHT BLUE, DIANNE JOHNSON, DELTON RICHARDSON, GLORIA SCARBOROUGH, DWAINE BETHEA, DEVON ROBINSON, MAURICE ANDERSON, defendant ODIE WASHINGTON, and amending complaint [1-1] .; jury demand (ks) (Entered: 07/02/2002)

June 28, 2002

June 28, 2002

PACER
5

AMENDED (SECOND) COMPLAINT by plaintiffs adding plaintiffs BRUCE BATTLE, JULIAN FORD, JAMES MCNAIR and KESHA SAMPSON, amending complaint [1-1] .; jury demand (mpt) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

PACER
6

MOTION filed by plaintiffs to certify the class and subclass defined in this motion ; exhibits (47) (mpt) Modified on 07/29/2002 (Entered: 07/29/2002)

July 26, 2002

July 26, 2002

PACER
7

ERRATA by plaintiffs; Re: SUPPLEMENT to plaintiff's motion for certification for class attached is Exhibit 10 (Wright Report) (mpt) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
8

MOTION filed by defendant GOVT OF DC, defendant ODIE WASHINGTON to extend time to 8/27/02 to answer (second) amended complaint [5-1], and to extend time to 9/13/02 to file a response to plaintiff's motion for class certification (mpt) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
9

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 8/27/02 to answer (second) amended complaint [5-1] [8-1] by ODIE WASHINGTON, GOVT OF DC ; Answer extended to 8/27/02 for ODIE WASHINGTON, for GOVT OF DC, granting motion to extend time to 9/13/02 to file a response to plaintiff's motion for class certification [8-2] by ODIE WASHINGTON, GOVT OF DC response to motion(s) due by 9/13/02 ; (N) (mon) (Entered: 08/09/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER
10

MOTION filed by plaintiffs for preliminary injunction ; Exhibits (8) (nmr) (Entered: 08/26/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
11

MOTION filed by defendants GOVT OF DC, ODIE WASHINGTON to extend time to 9/30/02 to respond to motion of plaintiffs for preliminary injunction (nmr) (Entered: 08/26/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
12

MOTION filed by defendants GOVT OF DC, ODIE WASHINGTON to dismiss second amended complaint [5-1], and to extend time to answer second amended complaint [5-1] and to respond to motion for class certification (nmr) (Entered: 08/26/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
13

MOTION filed by plaintiffs to extend time to 9/16/02 to respond to DC and Odi Washington's motion to dismiss ; attachment (1) (mpt) Modified on 09/05/2002 (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
14

RESPONSE by plaintiffs in opposition to motion to extend time to answer second amended complaint [5-1] and to respond to motion for class certification [12-2] by ODIE WASHINGTON, GOVT OF DC; attachment (1) . (mpt) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
15

RESPONSE by plaintiffs in opposition to motion to extend time to 9/30/02 to respond to motion of plaintiffs for preliminary injunction [11-1] by ODIE WASHINGTON, GOVT OF DC. (mpt) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
16

RESPONSE by defendant GOVT OF DC, defendant ODIE WASHINGTON in opposition to motion to extend time to 9/16/02 to respond to DC and Odi Washington's motion to dismiss [13-1] by KIM NABINETTE, LAZARO UGARTE, MARCUS BYNUM . (mpt) (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
17

REPLY by defendant GOVT OF DC, defendant ODIE WASHINGTON in support of motion to extend time to answer second amended complaint [5-1] and to respond to motion for class certification [12-2] by ODIE WASHINGTON, GOVT OF DC (mpt) (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
18

RESPONSE by plaintiffs in opposition to motion to dismiss second amended complaint [5-1] [12-1] by ODIE WASHINGTON, GOVT OF DC; . (mpt) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
19

MOTION filed by plaintiffs to dismiss as to defendant ODIE WASHINGTON without prejudice (mpt) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
20

CONSENT by defendant GOVT OF DC, defendant ODIE WASHINGTON to relief plaintiffs request in their Motion to Dismiss as to defendant Odie Washington pursuant to FRCP 41(a)(2). (nmr) Modified on 09/19/2002 (Entered: 09/19/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
21

MEMORANDUM by defendant GOVT OF DC, defendant ODIE WASHINGTON in opposition to motion for preliminary injunction [10-1] by plaintiffs; exhibit (2) (mpt) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
22

MOTION filed by defendant GOVT OF DC, defendant ODIE WASHINGTON to extend time to 10/3/02 to file reply in support of motion to dismiss "strip search" claims (mpt) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
23

REPLY by plaintiffs to response in opposition to motion for preliminary injunction [10-1] by plaintiffs; exhibit (1) (mpt) (Entered: 10/01/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
24

REPLY by defendant GOVT OF DC, defendant ODIE WASHINGTON in support of motion to dismiss second amended complaint [5-1] [12-1] by ODIE WASHINGTON, GOVT OF DC (mpt) (Entered: 10/03/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
25

REPLY (AMENDED AND RESTATED) by plaintiffs to response in opposition to motion for preliminary injunction [10-1] by plaintiffs; exhibit (1) (mpt) (Entered: 10/03/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
26

ORDER by Judge Royce C. Lamberth : granting nunc pro tunc motion to extend time to 10/3/02 to file reply in support of motion dismiss "strip search" claims [22-1] by ODIE WASHINGTON, GOVT OF DC, granting motion to extend time to 9/16/02 to respond to DC and Odi Washington's motion to dismiss [13-1] by KIM NABINETTE, LAZARO UGARTE, MARCUS BYNUM, granting motion to extend time to answer second amended complaint [5-1] and to respond to motion for class certification [12-2] by ODIE WASHINGTON, GOVT OF DC, granting motion to extend time to 9/30/02 to respond to motion of plaintiffs for preliminary injunction [11-1] by ODIE WASHINGTON, GOVT OF DC (N) (mon) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
27

ORDER by Judge Royce C. Lamberth :granting,nunc pro tunc, motion of defendants to enlarge time to 9/20/02 to respond to plaintiffs' motion for preliminary injunction. (N) (mon) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
28

ORDER by Judge Royce C. Lamberth : granting motion of defendants to extend time to 10/3/02 for defendants to file a reply to the response to their motion to dismiss "stript search" allegataions. (N) (mon) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
29

ORDER by Judge Royce C. Lamberth : granting motion to dismiss as to defendant ODIE WASHINGTON without prejudice [19-1] by plaintiffs (N) (mon) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
30

MOTION filed by plaintiffs for Barrett S. Litt to appear pro hac vice ( 3435 Wilshire Blvd, Suite 1100 Los Angeles, CA 90010, 213-386-3114,, ) (mpt) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
31

ORDER by Judge Royce C. Lamberth : granting motion for Barrett S. Litt to appear pro hac vice ( 3435 Wilshire Blvd, Suite 1100 Los Angeles, CA 90010, 213-386-3114,, ) [30-1] by MARCUS BYNUM (N) (mon) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
32

MOTION filed by plaintiffs for Paul J. Estuar to appear pro hac vice ( 3435 Wilshire Blvd. Suite 1100, Los Angeles, CA 90010, 213-386-3114, ) (mpt) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
33

MOTION filed by defendant GOVT OF DC for leave to file supplemental memorandum in opposition to motion of plaintiffs for preliminary injunction ; EXHIBIT (SUPPLEMENTAL MEMORANDUM) (mpt) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
34

ORDER by Judge Royce C. Lamberth : granting motion for Paul J. Estuar to appear pro hac vice ( 3435 Wilshire Blvd. Suite 1100, Los Angeles, CA 90010, 213-386-3114, ) [32-1] by MARCUS BYNUM (N) (mon) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
35

ORDER by Judge Royce C. Lamberth : granting motion for leave to file nunc pro tunc to 10/16/02 supplemental memorandum in opposition to motion of plaintiffs for preliminary injunction [33-1] by GOVT OF DC (N) (mon) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
36

SUPPLEMENTAL MEMORANDUM by defendant GOVT OF DC in opposition to motion for preliminary injunction [10-1] by plaintiffs (mpt) (Entered: 11/15/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
37

MEMORANDUM AND ORDER by Judge Royce C. Lamberth : denying motion to dismiss second amended complaint [5-1] [12-1] by ODIE WASHINGTON, GOVT OF DC (N) (mon) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

PACER
38

MEMORANDUM (Post-Hearing) by defendant GOVT OF DC in opposition to motion for preliminary injunction [10-1] by plaintiffs; exhibits (6) (mpt) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

PACER
39

NOTICE OF FILING by plaintiffs submission of a proposed preliminary injunction order; request for a hearing; attachment (1) (mpt) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

PACER
40

ENTERED IN ERROR..... NOTICE OF DISMISSAL of case by plaintiffs LAZARO UGARTE, ROBERT WHOIE, THOMAS ANTHONY VAUGHN, NORMAN HINTON JONES, CLIFTON A. BROWNE, MELLISSA HUGHES, DWIGHT BLUE, DELTON RICHARDSON, DWAINE BETHEA, DEVON ROBINSON, MAURICE BRUCE BATTLE, JAMES MCNAIR, KESHA SAMPSON without prejudice. (mpt) Modified on 12/13/2002 (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
41

MOTION filed by defendant GOVT OF DC for partial summary judgment, and to extend time to 12/16/02 to oppose "strip search" component motion for class certification ; declaration (1); exhibits (2) (mpt) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
42

ANSWER TO (SECOND) AMENDED COMPLAINT [5-1] by defendant GOVT OF DC (mpt) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
43

NOTICE OF DISMISSAL of actions against defendant DC without prejudice as to plaintiffs KESHA SAMPSON, JAMES MCNAIR, BRUCE BATTLE, MAURICE ANDERSON, DEVON ROBINSON, DWAINE BETHEA, DELTON RICHARDSON, DWIGHT BLUE, MELLISSA HUGHES, CLIFTON A. BROWNE, NORMAN HINTON JONES, THOMAS ANTHONY VAUGHN, ROBERT WHOIE, LAZARO UGARTE pursuant to Rule 41(a)(1). (mpt) (Entered: 12/13/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
44

RESPONSE by plaintiff in opposition to motion to extend time to 12/16/02 to oppose "strip search" component motion for class certification [41-2] by GOVT OF DC . (nmr) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
45

RESPONSE by defendant GOVT OF DC in opposition to motion to certify the class and subclass defined in this motion [6-1] by plaintiffs. (mpt) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

PACER
46

REPLY by defendant GOVT OF DC in support of motion to extend time to 12/16/02 to oppose "strip search" component motion for class certification [41-2] by GOVT OF DC (mpt) (Entered: 12/23/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
48

MOTION filed by plaintiff to extend time to 1/6/03 responding to defendant's motion for partial summary judgment (mpt) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
49

MOTION filed by plaintiffs to extend time to 1/13/03 to reply to opposition to motion to certify (mpt) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
47

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiffs and defendants. (mpt) (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
50

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 1/13/03 to reply to opposition to motion to certify [49-1] by KIM NABINETTE reply to motion(s) due by 1/13/03 ; (N) (mon) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

PACER
51

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 1/6/03 responding to defendant's motion for partial summary judgment [48-1] by MARCUS BYNUM response to dispositive motions due by 1/6/03 ; (N) (mon) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

PACER
52

ERRATA by defendant GOVT OF DC of an amended proposed initial pretrial scheduling order (nmr) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER
53

MOTION filed by plaintiffs to deny defendant's motion without prejudice, or alternatively for extension of time in which to complete discovery ; exhibits (10) (mpt) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
54

SUPPLEMENTAL MEMORANDUM by plaintiff to motion to deny defendant's motion without prejudice [53-1] by MARCUS BYNUM, motion for extension of time in which to complete discovery [53-2] by MARCUS BYNUM (mpt) (Entered: 01/10/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
55

REPLY by plaintiffs to response in opposition to motion to certify the class and subclass defined in this motion [6-1] by plaintiffs. (mpt) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
56

MEMORANDUM AND ORDER by Judge Royce C. Lamberth : granting motion for preliminary injunction [10-1] by plaintiffs; directing defendants and its employees to preserve certain records, etc. and to file a written report within 14 days; directing that plaintiffs are not required to post a bond. (N) (mon) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
57

RESPONSE by defendant GOVT OF DC in opposition to motion to deny defendant's motion without prejudice [53-1] by MARCUS BYNUM, motion for extension of time in which to complete discovery [53-2] by MARCUS BYNUM . (mpt) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
58

REPLY by plaintiffs to response in opposition to motion to deny defendant's motion without prejudice [53-1] by MARCUS BYNUM, motion for extension of time in which to complete discovery [53-2] by MARCUS BYNUM; affidavit (1) (mpt) (Entered: 01/30/2003)

Jan. 29, 2003

Jan. 29, 2003

PACER
59

RESPONSE by defendant GOVT OF DC to 1/16/03 order [56-1]; attachment (1) (mpt) Modified on 01/31/2003 (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

PACER
60

MOTION filed by defendant GOVT OF DC for leave to file supplemental record (NO EXHIBIT) (adc) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

PACER
62

ORDER by Judge Royce C. Lamberth : granting motion for leave to file supplemental record [60-1] by GOVT OF DC nunc pro tunc to 2/7/03. (N) (mon) (Entered: 02/11/2003)

Feb. 7, 2003

Feb. 7, 2003

PACER
61

MOTION filed by defendant GOVT OF DC for order quashing subpoena duces tecum ; attachment (1) (mpt) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
63

RESPONSE by plaintiffs in opposition to motion for order quashing subpoena duces tecum [61-1] by GOVT OF DC . (mpt) (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

PACER
64

MOTION filed by defendant GOVT OF DC for leave to file supplement in opposition to plaintiff's motion to certify "overdetention" class ; EXHIBIT (SUPPLEMENTAL MEMORANDUM) (ks) Modified on 02/27/2003 (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

PACER
65

REPLY by defendant GOVT OF DC in support of motion for order quashing subpoena duces tecum [61-1] by GOVT OF DC (nmr) (Entered: 03/05/2003)

March 3, 2003

March 3, 2003

PACER
66

RESPONSE by plaintiffs in opposition to motion for leave to file supplement in opposition to plaintiff's motion to certify "overdetention" class [64-1] by GOVT OF DC . (mpt) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

PACER
67

ORDER by Judge Royce C. Lamberth : granting motion for order quashing subpoena duces tecum delivered to legal counsel for the District on 1/31/03 [61-1] by GOVT OF DC. (N) (mlp) (Entered: 03/14/2003)

March 12, 2003

March 12, 2003

PACER
68

MEMORANDUM OPINION by Judge Royce C. Lamberth (N) (jf) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
73

SUPPLEMENTAL MEMORANDUM by defendant GOVT OF DC in opposition to motion of plaintiffs to certify "overdetention" class; declaration (1) (mpt) (Entered: 04/21/2003)

March 31, 2003

March 31, 2003

PACER
69

ORDER by Judge Royce C. Lamberth : granting in part, denying in part motion to certify the class and subclass defined in this motion [6-1] denying motion to extend time to 12/16/02 to oppose "strip search" component motion for class certification [41-2] by GOVT OF DC granting motion for leave to file supplement in opposition to plaintiff's motion to certify "overdetention" class [64-1] by GOVT OF DC (N) (jf) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
70

MEMORANDUM AND ORDER by Judge Royce C. Lamberth : denying motion for partial summary judgment [41-1] by GOVT OF DC finding motion to deny defendant's motion without prejudice by MARCUS BYNUM [53-1] denied as moot finding motion for extension of time in which to complete discovery by MARCUS BYNUM [53-2] denied as moot (N) (jf) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
71

MOTION filed by defendant GOVT OF DC for reconsideration of 3/31/03 order [69-1] certifying "overdetention" class (mpt) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

PACER
72

MOTION filed by plaintiffs for leave to file third amended complaint ; EXHIBIT (THIRD AMENDED COMPLAINT) (mpt) (Entered: 04/18/2003)

April 17, 2003

April 17, 2003

PACER
74

MOTION filed by defendant GOVT OF DC to extend time to 5/5/03 to serve responses and objections to plaintiffs' first and second requests for production of documents (mpt) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
75

MOTION filed by defendant GOVT OF DC for protective order ; exhibits (3) (mpt) Modified on 04/24/2003 (Entered: 04/24/2003)

April 22, 2003

April 22, 2003

PACER
76

RESPONSE by plaintiffs in opposition to motion for reconsideration of 3/31/03 order [69-1] certifying "overdetention" class [71-1] by GOVT OF DC . (mpt) (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

PACER
77

MEMORANDUM by defendant GOVT OF DC in opposition to motion for leave to file third amended complaint [72-1] by MARCUS BYNUM (mpt) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
78

MOTION filed by plaintiffs and defendants to defer filing proposed order regarding class notification procedures to overdention class members ; declaration (1) (mpt) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
79

REPLY by defendant GOVT OF DC in support of motion for reconsideration of 3/31/03 order [69-1] certifying "overdetention" class [71-1] by GOVT OF DC (mpt) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

PACER
80

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 5/5/03 to serve responses and objections to plaintiffs' first and second requests for production of documents [74-1] by GOVT OF DC (N) (mon) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

PACER
81

ORDER by Judge Royce C. Lamberth : granting motion to defer filing proposed order regarding class notification procedures to overdention class members [78-1] by GOVT OF DC, MARCUS BYNUM (N) (mon) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

PACER
82

REPLY by plaintiffs to response in opposition to motion for leave to file third amended complaint [72-1] by MARCUS BYNUM (mpt) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
83

MOTION (SECOND) filed by plaintiffs to certification of the strip search class ; exhibits (8) (mpt) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

PACER
84

MOTION filed by plaintiffs to extend time, to file opposition to motion for protective order until 5/7/03 ; EXHIBIT (OPPOSITION) (mpt) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
85

ORDER nunc pro tunc by Judge Royce C. Lamberth : granting motion to extend time [84-1] by MARCUS BYNUM, granting motion to file opposition to motion for protective order until 5/7/03 [84-2] by MARCUS BYNUM; directing that opposition filed 5/7/03 shall be deemed timely filed. (N) (mon) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

PACER
91

RESPONSE by plaintiffs in opposition to motion for protective order [75-1] by GOVT OF DC . (mpt) (Entered: 06/25/2003)

May 13, 2003

May 13, 2003

PACER
86

ERRATA by plaintiff; Re: Error in Memorandum of Points and Authorities in Support of plaintiffs Second Motion for Certification of the Strip Search Class. (mpt) (Entered: 05/20/2003)

May 19, 2003

May 19, 2003

PACER
87

MOTION filed by plaintiffs to compel DC to show it has adequately staffed this case and defendant to file a responsive pleading to plaintiffs' second motion to certify the strip search class (mpt) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

PACER
88

SUBSTITUTION OF COUNSEL for defendant GOVT OF DC, substituting Maria Claudia Amato for attorney Leonard Harry Becker for GOVT OF DC (mpt) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

PACER
89

MOTION filed by defendant GOVT OF DC to extend time to 5/28/03 to file opposition to second motion of plaintiffs to certify "strip search" class ; EXHIBIT (OPPOSITION) (mpt) Modified on 05/29/2003 (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

PACER
90

REPLY by plaintiffs to response in opposition to motion to certification of the strip search class [83-1] by MARCUS BYNUM (mpt) (Entered: 06/06/2003)

June 5, 2003

June 5, 2003

PACER
92

MOTION filed by plaintiff to amend second motion to certification of the strip search class by adding resumes of Barrett Litt and Paul Estuar [83-1] by MARCUS BYNUM ; declaration (1); exhibit (1) (mpt) (Entered: 08/01/2003)

July 31, 2003

July 31, 2003

PACER
93

ORDER by Judge Royce C. Lamberth : granting motion to amend second motion to certification of the strip search class by adding resumes of Barrett Litt and Paul Estuar [83-1] by MARCUS BYNUM [92-1] by MARCUS BYNUM, granting motion to extend time to 5/28/03 to file opposition to second motion of plaintiffs to certify "strip search" class [89-1] by GOVT OF DC, denying motion to compel DC to show it has adequately staffed this case and defendant to file a responsive pleading to plaintiffs' second motion to certify the strip search class [87-1] by MARCUS BYNUM, granting motion for certification of the strip search class [83-1] by MARCUS BYNUM, denying motion for protective order [75-1] by GOVT OF DC, granting motion for leave to file third amended complaint [72-1] by MARCUS BYNUM, denying motion for reconsideration of 3/31/03 order [69-1] certifying "overdetention" class [71-1] by GOVT OF DC (N) (mon) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
94

MEMORANDUM OPINION by Judge Royce C. Lamberth (N) (mon) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
95

AMENDED COMPLAINT (THIRD) by plaintiff and amending complaint [1-1] .; jury demand (mpt) (Entered: 08/18/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
96

MEMORANDUM by defendant GOVT OF DC in opposition to motion to certification of the strip search class [83-1] by MARCUS BYNUM (mpt) (Entered: 08/18/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
97

MOTION filed by plaintiffs to compel document production and to compel attendance of depositions and for entry of scheduling order ; attachment (1) (mpt) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

PACER
98

TRIAL BRIEFS (PLAN) by plaintiffs (mpt) (Entered: 09/22/2003)

Sept. 8, 2003

Sept. 8, 2003

PACER
100

RESPONSE by plaintiffs of Proposed Notice Procedures pursuant to 4/30/03 order 81 (mpt) (Entered: 09/22/2003)

Sept. 8, 2003

Sept. 8, 2003

PACER
99

MOTION filed by defendant GOVT OF DC to extend time to 9/25/03 to file a response to motion to compel discovery, proposed trial plan and proposed notice of process (mpt) (Entered: 09/22/2003)

Sept. 17, 2003

Sept. 17, 2003

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 15, 2002

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons overdetained by the DC Department of Corrections, beginning May 16, 2002; persons scheduled to be released and subjected to strip search or visual body cavity search on return from court, without individualized suspicion.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia (District of Columbia), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Self-incrimination

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2007

Issues

General:

Over/Unlawful Detention

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run