Case: Cerilli v. Meachum

3:95-cv-00622 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 12, 1995

Closed Date: Nov. 15, 1991

Clearinghouse coding complete

Case Summary

In 1995 and 1996 several convicted sex offenders filed lawsuits under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut against the State of Connecticut, the Department of Corrections, and the Office of Adult Probation. The plaintiffs were incarcerated sex offenders and sex offenders on probation. The plaintiffs, who were represented by private counsel, sought compensatory and punitive damages, as well as injunctive relief. They alleged that a probation policy, which p…

In 1995 and 1996 several convicted sex offenders filed lawsuits under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut against the State of Connecticut, the Department of Corrections, and the Office of Adult Probation. The plaintiffs were incarcerated sex offenders and sex offenders on probation. The plaintiffs, who were represented by private counsel, sought compensatory and punitive damages, as well as injunctive relief. They alleged that a probation policy, which provided a sex offender notification policy, and a Connecticut statute, which required that convicted sex offenders submit a blood sample for analysis and inclusion in a DNA data bank, violated their right to privacy and the constitutional guarantees of due process, equal protection, freedom from cruel and unusual punishment, and freedom from unreasonable searches and seizures. The challenge to the sex offender notification policy and the challenge to the requirement of the blood sample for the DNA data bank began independently and were consolidated in September 1996.

One of the plaintiffs, a sex offender on probation, sought a preliminary injunction to enjoin the defendants from disseminating information about the sexual offenses to which he plead guilty to his employer, neighbors, and the general community. On August 27, 1996, the District Court (Judge Dominic J. Squatrito) granted the plaintiff a preliminary injunction. Roe v. Office of Adult Probation, 938 F. Supp. 1080 (D. Conn. 1996). The defendants appealed. The U.S. Court of Appeals for the Second Circuit (Judge Jon O. Newman) vacated the District Court's grant of the preliminary injunction and remanded the case. Roe v. Office of Probation, 125 F.3d 47 (2d Cir. 1997).

On cross-motions for summary judgment, the District Court granted the defendants' motion for summary judgment in part. The court dismissed all of the plaintiffs' federal claims and declared the statute constitutional. The state law claims were dismissed without prejudice, leaving the plaintiffs free to re-file in state court.

The plaintiffs appealed only the equal protection and unreasonable search and seizure issues. On September 16, 1999, the U.S. Court of Appeals for the Second Circuit (Judge Rosemary S. Pooler) declared the Connecticut statute constitutional, reasoning that the governmental interest outweighed the intrusion of giving a blood sample. Roe v. Marcotte, 193 F.3d 72 (2d Cir. 1999). The court further held that the statute did not violate the guarantee of equal protection, reasoning that there was no evidence presented that demonstrated a compelling need to test other violent felons.

The case is closed.

Summary Authors

Kaitlin Corkran (6/12/2006)

People


Judge(s)

Fitzsimmons, Holly B. (Connecticut)

Godbold, John Cooper (Louisiana)

Kearse, Amalya Lyle (New York)

Miner, Roger Jeffrey (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Smith, Thomas P. (Connecticut)

Squatrito, Dominic J. (Connecticut)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Clifford, John P. Jr. (Connecticut)

Judge(s)

Fitzsimmons, Holly B. (Connecticut)

Godbold, John Cooper (Louisiana)

Kearse, Amalya Lyle (New York)

Miner, Roger Jeffrey (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Smith, Thomas P. (Connecticut)

Squatrito, Dominic J. (Connecticut)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Clifford, John P. Jr. (Connecticut)

Costas, Peter L. (Connecticut)

Cuyler, Aviva (Connecticut)

Gersten, Eliot B. (Connecticut)

Attorneys(s) for Defendant

Bayer, Aaron S. (Connecticut)

Blumenthal, Richard (Connecticut)

Chapple, Margaret Quilter (Connecticut)

D'Auria, Gregory T. (Connecticut)

John-Nicholson, Loida (Connecticut)

O'Neill, Terrance M. (Connecticut)

Documents in the Clearinghouse

Document

Docket (PACER)

Roe v. Adult Probation

Sept. 22, 1999 Docket

Docket (PACER)

Cobb v. Meachum

Nov. 15, 1999 Docket

Docket (PACER)

March 16, 2000 Docket
88

Memorandum Opinion and Order

Roe v. Office of Adult Probation

938 F.Supp. 1080, 1996 U.S.Dist.LEXIS 12801

Aug. 27, 1996 Order/Opinion

Reported Opinion

Roe v. Office of Adult Probation

U. S. Court of Appeals for the Second Circuit

125 F.3d 47, 1997 U.S.App.LEXIS 23552

Sept. 8, 1997 Order/Opinion

Opinion

Roe v. Meachum

U. S. Court of Appeals for the Second Circuit

193 F.3d 72, 1999 U.S.App.LEXIS 22458

Sept. 16, 1999 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

MOTION by Thomas W. Cobb to Proceed in Forma Pauperis (Barrille, J.) (Entered: 12/21/1995)

Jan. 18, 1995
2

ORDER granting [1-1] motion to Proceed in Forma Pauperis ( signed by Judge Alvin W. Thompson ) (Barrille, J.) (Entered: 12/21/1995)

Dec. 12, 1995
3

COMPLAINT filed IFP (Barrille, J.) (Entered: 12/21/1995)

Dec. 12, 1995
4

MOTION by Thomas W. Cobb for Appointment of Counsel (Barrille, J.) (Entered: 12/21/1995)

Dec. 12, 1995

ENDORSEMENT denying [4-1] motion for Appointment of Counsel ( signed by Judge Alvin W. Thompson ) (Barrille, J.) (Entered: 12/21/1995)

Dec. 12, 1995

CASE referred to Mag. Judge Thomas P. Smith (Larsen, M.) (Entered: 12/22/1995)

Dec. 12, 1995

NOTICE of Lawsuit and Request for Waiver of Service for Summons issued and handed US Marshal for service. (Larsen, M.) (Entered: 12/22/1995)

Dec. 22, 1995
5

APPOINTMENT Of Counsel Pro Bono. Attorney Peter Costas appointed for Thomas W. Cobb . Counsel is directed to contact the above-named plaintiff as soon as possible and file an appearance in this matter on or before 1/16/96 ( signed by Clerk ) (Larsen, M.) (Entered: 01/10/1996)

Jan. 3, 1996
8

MARSHAL'S return of service on complaint executed as to Larry R. Meachum, Scott Hadlock, Leonard Barbieri on 1/5/96 officially (Larsen, M.) (Entered: 01/29/1996)

Jan. 16, 1996
6

Attorney appearance pro bono by Thomas W. Cobb by Peter L. Costas (Larsen, M.) (Entered: 01/24/1996)

Jan. 18, 1996
7

AMENDED COMPLAINT by Thomas W. Cobb adding John J. Armstrong, Beth Halleran amending [3-1] complaint (Larsen, M.) (Entered: 01/25/1996)

Jan. 19, 1996
9

APPEARANCE of Attorney for Larry R. Meachum, Scott Hadlock, Leonard Barbieri, John J. Armstrong, Beth Halleran -- Stephen J. O'Neill (Larsen, M.) (Entered: 03/13/1996)

March 5, 1996
10

ANSWER to Complaint by Larry R. Meachum, Scott Hadlock, Leonard Barbieri, John J. Armstrong, Beth Halleran (Larsen, M.) (Entered: 03/13/1996)

March 5, 1996
11

APPEARANCE of Attorney for Larry R. Meachum, Scott Hadlock, Leonard Barbieri, John J. Armstrong, Beth Halleran -- Margaret Quilter Chapple (Larsen, M.) (Entered: 03/13/1996)

March 7, 1996
12

MOTION by Larry R. Meachum, Scott Hadlock, Leonard Barbieri, John J. Armstrong, Beth Halleran to Amend [10-1] answer by Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum (Brief Due 6/7/96 ) (Larsen, M.) (Entered: 05/23/1996)

May 17, 1996
13

MOTION by Larry R. Meachum, Scott Hadlock, Leonard Barbieri, John J. Armstrong, Beth Halleran for Expedited Trial (Brief Due 6/7/96 ) (Larsen, M.) (Entered: 05/23/1996)

May 17, 1996
14

RESPONSE (Concurrence) by Thomas W. Cobb to [13-1] motion for Expedited Trial by Beth Halleran, John J. Armstrong, Leonard Scott Hadlock, Larry R. Meachum (Larsen, M.) (Entered: 06/19/1996)

June 7, 1996
15

RESPONSE (Consent) by Thomas W. Cobb to [12-1] motion to Amend [10-1] answer by Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum by Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry Meachum (Larsen, M.) (Entered: 06/19/1996)

June 7, 1996
16

ORDER of Transfer ( signed by Judge Alvin W. Thompson ) to Judge Dominic J. Squatrito (Jaiman, R.) (Entered: 09/12/1996)

Sept. 4, 1996
17

STIPULATION that plaintiff's time to answer and/or object to Defendants' First Set of Interrogatories and Requests for Production of Documents is extended to 10/30/96 by Thomas W. Cobb (Larsen, M.) (Entered: 09/16/1996)

Sept. 9, 1996

Consolidated Member Case . Lead Case Number: 3:95cv622 (Larsen, M.) (Entered: 09/19/1996)

Sept. 9, 1996

CASE referred to Mag. Judge Holly B. Fitzsimmons (Larsen, M.) (Entered: 09/19/1996)

Sept. 9, 1996
18

MOTION by Thomas W. Cobb to Amend [7-1] amended complaint by Thomas W. Cobb and add party defendants (Brief Due 10/13/96 ) (Gothers, M.) (Entered: 10/01/1996)

Sept. 22, 1996

ENDORSEMENT denying [12-1] motion to Amend [10-1] answer by Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum ( signed by Judge Dominic J. Squatrito ) (Gothers, M.) (Entered: 11/15/1996)

Nov. 14, 1996

ENDORSEMENT denying [13-1] motion for Expedited Trial ( signed by Judge Dominic J. Squatrito ) (Gothers, M.) (Entered: 11/15/1996)

Nov. 14, 1996

ENDORSEMENT granting [18-1] motion to Amend [7-1] amended complaint by Thomas W. Cobb and add party defendants ( signed by Judge Dominic J. Squatrito ) (Gothers, M.) (Entered: 11/15/1996)

Nov. 14, 1996
19

SECOND AMENDED COMPLAINT by Thomas W. Cobb adding Office of Adult Probation, Public Safety amending [7-1] amended complaint Thomas W. Cobb (Gothers, M.) Modified on 12/06/1996 (Entered: 12/06/1996)

Nov. 22, 1996

SUMMONS(ES) issued as to Robert Bosco (Gothers, M.) (Entered: 12/06/1996)

Nov. 22, 1996

SUMMONS(ES) issued as to Kenneth J. Kirschner (Gothers, M.) (Entered: 12/06/1996)

Nov. 22, 1996
20

ANSWER, AFFIRMATIVE DEFENSES to Amended Complaint and COUNTERCLAIM by Office of Adult Probation, Public Safety, Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum against Thomas W. Cobb (Johnson, D.) Modified on 03/18/1997 (Entered: 03/18/1997)

March 11, 1997
22

MEMORANDUM OPINION granting in part summary judgment for defendants, denying summary judgment for plaintiffs, SEE for details ( signed by Judge Dominic J. Squatrito ) (Bauer, J.) (Entered: 04/01/1998)

March 31, 1998
23

JUDGMENT for Office of Adult Probation, Public Safety, Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum against Thomas W. Cobb ( signed by Clerk ) (Bauer, J.) (Entered: 04/01/1998)

March 31, 1998

Case closed (Bauer, J.) (Entered: 04/01/1998)

March 31, 1998

Case reopened per endorsement on Motion to Reopen Judgment doc # 62 filed in lead case (Lopez, B.) (Entered: 07/06/1998)

June 16, 1998

ENDORSEMENT vacating [23-1] judgment order ( signed by Clerk ) (Blue,A.) (Entered: 09/08/1998)

Sept. 8, 1998
24

PARTIAL JUDGMENT for Office of Adult Probation, Public Safety, Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum against Thomas W. Cobb on counts 1 through 11. ( signed by Clerk ) (Blue,A.) (Entered: 09/09/1998)

Sept. 8, 1998
25

STIPULATION of dismissal of case as to Office of Adult Probation, Dept of Public Safety, Beth Halleran, John J. Armstrong, Leonard Barbieri, Scott Hadlock, Larry R. Meachum, Thomas W. Cobb (Former Employee) (Entered: 11/15/1999)

Nov. 15, 1999

ENDORSEMENT [25-1] stipulation ordered accordingly ( signed by Clerk ) (Former Employee) (Entered: 11/15/1999)

Nov. 15, 1999

Case closed (Former Employee) (Entered: 11/15/1999)

Nov. 15, 1999

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 12, 1995

Closing Date: Nov. 15, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates brought claims against Connecticut state officials challenging constitutionality of Connecticut statute requiring convicted sex offenders incarcerated on statute's effective date to submit blood sample for analysis and inclusion in DNA data bank

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Connecticut, State

Department of Corrections, State

Office of Adult Probation, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Search policies

Affected Gender:

Male

Type of Facility:

Government-run