Case: Bynum v. District of Columbia

1:02-cv-00956 | U.S. District Court for the District of 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 District of Columbia (2006)

People

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


Judge(s)
Attorney for Plaintiff

ALCANTARA, LUIS (District of Columbia)

Attorney for Defendant

Adams, Corliss Vaughn (District of Columbia)

Amarillas, Fernando (District of Columbia)

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

Anderson, Steven J. (District of Columbia)

Expert/Monitor/Master/Other
Attorney for Defendant

Adams, Corliss Vaughn (District of Columbia)

Amarillas, Fernando (District of Columbia)

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

Anderson, Steven J. (District of Columbia)

Baker, Denise J. (District of Columbia)

Becker, Leonard H. (District of Columbia)

Bluming, Micah Ian (District of Columbia)

Bojanowski, Timothy J. (District of Columbia)

Browder, Rachel A. (District of Columbia)

Burstein, Caliandra (District of Columbia)

Chhe, Soriya R. (District of Columbia)

Copeland, Chad Wayne (District of Columbia)

Coughlin, Charles Joseph (District of Columbia)

Cumming, Gregory Martin (District of Columbia)

Dansby, Joshua Wade (District of Columbia)

DeBerardinis, Robert A. (District of Columbia)

Efros, Ellen A. (District of Columbia)

Featherstone, Kerslyn D. (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Gainey, Shameka L. (District of Columbia)

Gallagher, Judith C. (District of Columbia)

Gephardt, Christine Leigh (District of Columbia)

Glover, Eric Sebastian (District of Columbia)

Graham, Grace (District of Columbia)

Hardy, Tasha Monique (District of Columbia)

Hyden, David A. (District of Columbia)

Johnson, Ty Micha (District of Columbia)

Johnson, Eric Uriol (District of Columbia)

Kennedy, Scott Patrick (District of Columbia)

Kim, Brian Gook-hyun (District of Columbia)

Lanzdorf, Michael J. (District of Columbia)

Lattimore, Phillip A. (District of Columbia)

Lerner, Jacques P. (District of Columbia)

Litos, Stephanie (District of Columbia)

Love, Richard Stuart (District of Columbia)

McGraw, Esther Yong (District of Columbia)

Naran-Ferrini, Rick V. (District of Columbia)

Okereke, Christina (District of Columbia)

Patrick, Bradford Collins (District of Columbia)

Porter, Veronica A. (District of Columbia)

Rickman, George E. (District of Columbia)

Rosenbloom, Douglas Stuart (District of Columbia)

Roundtree, Portia M. (District of Columbia)

Saindon, Andrew J. (District of Columbia)

Skeeles-Shiner, Heather R. (District of Columbia)

Spagnoletti, Robert J. (District of Columbia)

Struck, Daniel P. (District of Columbia)

Valdes, Leticia L. (District of Columbia)

Valentine, George C. (District of Columbia)

Williams, Zuberi Bakari (District of Columbia)

Yong, Esther (District of Columbia)

Documents in the Clearinghouse

Documents in this case

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)

Nov. 18, 2002

Nov. 18, 2002

Order/Opinion

257 F.Supp.2d 1

68

1:02-cv-00956

Memorandum and Opinion [Re: Class Certification]

March 31, 2003

March 31, 2003

Order/Opinion

214 F.R.D. 27

70

1:02-cv-00956

Memorandum and Order [Denial of Summary Judgment]

March 31, 2003

March 31, 2003

Order/Opinion

215 F.R.D. 1

94

1:02-cv-00956

Memorandum Opinion [Motion for Class Certification]

Aug. 11, 2003

Aug. 11, 2003

Order/Opinion
94

1:02-cv-00956

Memorandum Opinion [Re: Protective Order]

Aug. 11, 2003

Aug. 11, 2003

Order/Opinion

217 F.R.D. 43

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

384 F.Supp.2d 342

Docket

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

Last updated April 4, 2025, 11:09 a.m.

Docket for: BYNUM v. GOVT OF DC
ECF Number Date Description Link
May 16, 2002

SUMMONS (1) issued for defendant GOVT OF DC (mpt) (Entered: 05/17/2002)

PACER
1 May 16, 2002

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

RECAP
2 May 16, 2002

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

RECAP
3 May 24, 2002

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

RECAP
4 June 28, 2002

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)

RECAP
July 2, 2002

SUMMONS (1) issued for defendant ODIE WASHINGTON (ks) (Entered: 07/02/2002)

PACER
5 July 23, 2002

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)

RECAP
6 July 26, 2002

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)

RECAP
7 July 29, 2002

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

RECAP
8 Aug. 7, 2002

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)

RECAP
9 Aug. 8, 2002

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)

RECAP
10 Aug. 23, 2002

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

RECAP
11 Aug. 23, 2002

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)

RECAP
12 Aug. 23, 2002

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)

RECAP
13 Sept. 4, 2002

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)

RECAP
14 Sept. 4, 2002

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)

RECAP
15 Sept. 4, 2002

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)

RECAP
16 Sept. 13, 2002

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)

RECAP
17 Sept. 13, 2002

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)

RECAP
18 Sept. 16, 2002

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)

RECAP
19 Sept. 16, 2002

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

RECAP
20 Sept. 18, 2002

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)

RECAP
21 Sept. 20, 2002

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)

RECAP
22 Sept. 20, 2002

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)

RECAP
23 Sept. 30, 2002

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

RECAP
24 Oct. 2, 2002

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)

RECAP
25 Oct. 2, 2002

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)

RECAP
26 Oct. 4, 2002

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)

RECAP
27 Oct. 4, 2002

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)

RECAP
28 Oct. 4, 2002

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)

RECAP
29 Oct. 4, 2002

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)

RECAP
30 Oct. 7, 2002

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)

RECAP
31 Oct. 8, 2002

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)

RECAP
32 Oct. 15, 2002

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)

RECAP
33 Oct. 16, 2002

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)

RECAP
34 Oct. 18, 2002

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)

RECAP
35 Nov. 7, 2002

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)

RECAP
36 Nov. 7, 2002

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

RECAP
Nov. 8, 2002

MOTION HEARING before Judge Royce C. Lamberth taken under advisement by ODIE WASHINGTON, GOVT OF DC motion to dismiss second amended complaint [5−1] [12−1], taken under advisement by plaintiffs motion for preliminary injunction [10−1] Reporter: Theresa Sorensen (mon) (Entered: 11/12/2002)

PACER
37 Nov. 18, 2002

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)

Clearinghouse
38 Nov. 18, 2002

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)

RECAP
39 Nov. 18, 2002

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

RECAP
40 Dec. 9, 2002

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)

RECAP
41 Dec. 9, 2002

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)

RECAP
42 Dec. 9, 2002

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

RECAP
43 Dec. 9, 2002

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)

RECAP
44 Dec. 13, 2002

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)

RECAP
45 Dec. 16, 2002

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)

RECAP
46 Dec. 20, 2002

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)

RECAP
48 Dec. 23, 2002

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)

RECAP
49 Dec. 23, 2002

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

RECAP
47 Dec. 24, 2002

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

RECAP
50 Dec. 31, 2002

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)

RECAP
51 Dec. 31, 2002

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)

RECAP
52 Jan. 2, 2003

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

RECAP
53 Jan. 6, 2003

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)

RECAP
54 Jan. 9, 2003

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)

RECAP
55 Jan. 13, 2003

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)

RECAP
56 Jan. 16, 2003

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)

RECAP
57 Jan. 16, 2003

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)

RECAP
58 Jan. 29, 2003

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)

RECAP
59 Jan. 30, 2003

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)

RECAP
60 Feb. 6, 2003

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

RECAP
62 Feb. 7, 2003

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)

RECAP
61 Feb. 10, 2003

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

RECAP
63 Feb. 24, 2003

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

RECAP
64 Feb. 26, 2003

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)

RECAP
65 March 3, 2003

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)

RECAP
66 March 10, 2003

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)

RECAP
67 March 12, 2003

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)

RECAP
68 March 31, 2003

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

Clearinghouse
69 March 31, 2003

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)

Clearinghouse
70 March 31, 2003

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)

Clearinghouse
73 March 31, 2003

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

RECAP
71 April 10, 2003

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

RECAP
72 April 17, 2003

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

RECAP
74 April 21, 2003

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)

RECAP
75 April 22, 2003

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

RECAP
76 April 23, 2003

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)

RECAP
77 April 28, 2003

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)

RECAP
78 April 29, 2003

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)

RECAP
79 April 30, 2003

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)

RECAP
80 April 30, 2003

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)

RECAP
81 April 30, 2003

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)

RECAP
82 May 1, 2003

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)

RECAP
83 May 5, 2003

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

RECAP
84 May 7, 2003

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)

RECAP
85 May 13, 2003

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)

RECAP
91 May 13, 2003

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

RECAP
86 May 19, 2003

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)

RECAP
87 May 20, 2003

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)

RECAP
88 May 22, 2003

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)

RECAP
89 May 28, 2003

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)

RECAP
90 June 5, 2003

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)

RECAP
92 July 31, 2003

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)

RECAP
93 Aug. 11, 2003

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)

RECAP
94 Aug. 11, 2003

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

Clearinghouse
95 Aug. 11, 2003

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

RECAP
96 Aug. 11, 2003

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)

RECAP
97 Aug. 26, 2003

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)

RECAP

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

State

District of Columbia

Facility Type(s):

Government-run

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

Other Dockets:

District of District of Columbia 1:02-cv-00956

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2007

Issues

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Strip search policy (facilities)

Recommended Citation