Case: Augustin v. Jablonsky

0:99-cv-03126 | U.S. District Court for the Eastern District of New York

Filed Date: June 3, 1999

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 3, 1999, a plaintiff represented by New York attorney Robert L. Herbst filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. The plaintiff challenged the blanket strip search policy of the Nassau County Correctional Center. Under the policy, all misdemeanor and minor offense arrestees were allegedly strip-searched without any suspicion that they were concealing weapons or other contraband. The plaintiff claimed that the poli…

On June 3, 1999, a plaintiff represented by New York attorney Robert L. Herbst filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. The plaintiff challenged the blanket strip search policy of the Nassau County Correctional Center. Under the policy, all misdemeanor and minor offense arrestees were allegedly strip-searched without any suspicion that they were concealing weapons or other contraband. The plaintiff claimed that the policy violated the Fourth, Fifth, Eighth, and Fourteenth Amendments and sought declaratory and injunctive relief, monetary damages, and class certification. This case, which was styled Augustin v. Jablonsky, followed another case, Shain v. Ellison, 96-CV-3774 (JC-NY-0016 in this Clearinghouse), that was filed against Nassau County by attorney Herbst and also challenged the County's strip-search policy. This case was filed just days after the Court in Shain v. Ellison issued an order finding the Nassau County strip search policy unconstitutional. See Shain v. Ellison, 53 F.Supp.2d 564, 565 (E.D. N.Y. 1999).

In addition to the Augustin case, two similar suits—O'Day v. Nassau County, 99-cv-2844 (JC-NY-0029), and Iaffaldano v. County of Nassau, 99-cv-4238 (JC-NY-0044)—had also been filed in U.S. District Court for the Eastern District of New York, challenging the blanket strip search policy of the Nassau County Correctional Center. All plaintiffs moved to consolidate the cases and for class certification for a class defined as "all persons arrested for or charged with non-felony offenses who have been admitted to the Nassau County Correctional Center and strip searched without particularized reasonable suspicion." The District Court (Judge Denis J. Hurley) consolidated the cases but denied class certification. 2001 WL 770839 (E.D. N.Y. Mar. 08, 2001).

The plaintiffs renewed the motion for class certification several times, and each one was denied.

The parties eventually entered into a stipulation for settlement, under which the defendants agreed to pay the lump sum of $350,000 to the ten named plaintiffs in the consolidated cases, who agreed to split the fund equally and receive $35,000 each. The stipulation reserved plaintiffs' right to appeal the District Court's orders denying class certification and, in the event that the orders were overturned, the defendants agreed that the named plaintiffs could continue to pursue the class claims and be entitled to receive up to $1,000 more in incentive payments if a class was eventually certified. If the orders denying certification were not overturned on appeal, the plaintiffs would be allowed to request attorneys' fees up to $125,000. Judge Hurley approved the settlement on July 5, 2005. The plaintiffs then appealed the certification denial.

The Second Circuit Court of Appeals reversed and remanded the case with instructions to certify a class as to liability and consider certifying a damages class as well. In re Nassau County Strip Search Cases, 461 F.3d 219 (2nd Cir. 2006).

On remand, the District Court certified a liability class and the parties briefed the issue of certification of a damages class. The liability class consisted of all persons arrested for misdemeanor and non-criminal offenses in Nassau County who thereafter were strip searched upon entry to Nassau County Correctional Center, from May 20, 1996, to June 1, 1999.

On March 27, 2008, the Court granted the plaintiffs' motion to extend class certification to include damages. The Court held a hearing in March 2009 and set the trial for September 2009. Following the hearing, the Court issued an opinion holding that the parties could select their own witnesses from the class, but that each witness would only be able to testify as to the facts of the strip search (and not their personal feelings about their experiences). 2009 WL 706252. The plaintiffs moved for the Court to reconsider the order that witnesses only testify as to the facts of their experiences, but the Court denied the motion. 2009 WL 1312909. The defendants, on the other hand, requested access to class members in order to select witnesses, but the Court also denied this request, stating that there was no need for access because witnesses would only testify as to the details of search procedures. 2009 WL 1456011.

On February 25, 2010, the Court allowed the defendants to reduce the class size. 2010 WL 680988.

Trial was held in late 2009, and on September 22, 2010, the Court held that the defendants had unlawfully strip searched people arrested for misdemeanor and non-criminal offenses after admitting them to the correctional center. The Court ordered the defendants to pay $500 per strip search in general damages to compensate each person affected by the unlawful searches. 742 F. Supp. 2d 304. The Court held that the Prison Litigation Reform Act (PLRA) was inapplicable to this case and thus did not limit recovery, since the PLRA's recovery limitation applied only when a plaintiff was incarcerated at the time of bringing suit, and the named plaintiffs in this case were not incarcerated at the time of bringing suit. 2010 WL 3781563.

On October 19, 2011, the Court decertified the class on the defendants' motion, holding that special damages must be determined on an individual basis. 819 F. Supp. 2d 153.

On July 18, 2013, the defendants moved the Court to reconsider the January 16, 2007 order granting summary judgment on liability in favor of plaintiffs. The defendants based their argument on the Supreme Court's 2012 decision in Florence v. Bd. Of Chosen Freeholders, JC-NJ-0022. In that case, the Supreme Court decided that new-admit strip searches did not violate constitutional rights. This court followed Florence and granted the defendants' motion with respect to constitutional claims, but upheld its grant of summary judgment based on state claims against strip searches. 958 F. Supp. 2d 339.

On April 2, 2014, the court awarded $4,018,030.25 in attorney fees and costs to the plaintiffs' class counsel. 2014 WL 1338426. On April 10, 2014 the court entered final judgment for the defendant on Federal constitutional claims, and for the plaintiff class on state constitutional claims, awarding $11,508,000 in damages as well as attorney's fees. Both the plaintiff class and the defendant filed appeals.

The defendant filed for additional time to make the deposit necessary for the disbursement of compensatory damages. On April 30, 2014, Judge Denis R. Hurley denied this motion as premature. The defendants then moved for a show cause hearing to stay the execution of judgment. Following a show cause hearing on June 4, 2014, the court ordered to stay the award for 180 days, with an alternative option to stay payment indefinitely with the posting of a $11,508,000 bond.

The defendants filed a motion to stay the final judgment in the 2nd Circuit Court of Appeals on November 12, 2014. The court granted this motion on December 23, 2014.

On February 26, 2016, the Appellate court (Judge Jose A. Cabranes, Judge Rosemary S. Pooler, Judge Denny Chin) upheld the District court ruling. The court agreed with the District court's reasoning that there were no grounds for federal relief but there were state constitutional violations for which the plaintiffs were entitled to relief.

On August 18, 2016, the Appellate court denied the defendants' motion to stay the mandate. On September 6, 2016, the defendants filed a writ of certiorari to appeal to the U.S. Supreme Court. On October 12, 2016, the U.S. Supreme Court denied the writ of certiorari.

On June 19, 2017, the New York Solicitor General; the New York State Office of Temporary and Disability Assistance (OTDA); the New York State Office of Children and Family Services (OCFS); and the New York State Department of Health (DOH) moved to intervene in the proceedings. On June 29, 2017, the United States Department of Agriculture (USDA) and Health and Human Services (HHS) moved to intervene. Both sought intervention to acquire access to information so that the list of class members could be updated in an effort to locate class members and provide them with monetary relief. On July 26, 2017, Judge Hurley granted their motion to intervene, citing the fact that the intervenors had a genuine interest in the matter. The parties would then have access to the database, but limited to only updated addresses.

The case is closed.

Summary Authors

Dan Dalton (3/5/2008)

Maurice Youkanna (7/30/2014)

Michael Abrams (10/28/2016)

Anna Brito (3/24/2019)

Cedar Hobbs (11/30/2019)

Related Cases

O'Day v. Nassau County, Eastern District of New York (1999)

Iaffaldano v. Nassau County, Eastern District of New York (1999)

Florence v. County of Burlington, District of New Jersey (2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5532072/parties/augustin-v-jablonsky/


Judge(s)

Brown, Gary Richard (New York)

Cabranes, José Alberto (Connecticut)

Hall, Janet C. (Connecticut)

Hurley, Denis Reagan (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cromwell, John M. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Moore, Jonathan C. (New York)

Judge(s)

Brown, Gary Richard (New York)

Cabranes, José Alberto (Connecticut)

Hall, Janet C. (Connecticut)

Hurley, Denis Reagan (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cromwell, John M. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Moore, Jonathan C. (New York)

Restituyo, Martin E (New York)

Scanlon, Vera M. (New York)

Smith, Jeffrey G. (New York)

Wang, Mariann Meier (New York)

Yakren, Sofia (New York)

Attorneys(s) for Defendant

Ben-Sorek, Liora M. (New York)

Ford, Bernadette K. (New York)

Goldin, David B. (New York)

Goodman, Lorna B. (New York)

Lobasso, Christine Ann (New York)

Millus, Paul F. (New York)

Nocella, Joseph (New York)

Saffran, Dennis J. (New York)

Sarno, Lindafel Lynnette (New York)

Van Der Waag, Robert F. (New York)

Waters, Gerald C Jr. (New York)

Other Attorney(s)

Dickman, Mary M (New York)

Grieco, Matthew William (New York)

Schulz, David A (New York)

Documents in the Clearinghouse

Document

0:99-cv-04238

Docket [PACER]

Iaffaldano v. County of Nassau

Aug. 17, 2010

Aug. 17, 2010

Docket

0:99-cv-03126

Docket [PACER]

Jan. 25, 2013

Jan. 25, 2013

Docket

0:99-cv-02844

Docket [PACER]

O'Day v. Nassau County

Oct. 4, 2017

Oct. 4, 2017

Docket
35

0:99-cv-03126

Memorandum Opinion and Order

2001 WL 770839, 2001 U.S.Dist.LEXIS 10276

March 8, 2001

March 8, 2001

Order/Opinion
89-2

0:99-cv-03126

0:99-cv-04238

0:99-cv-02844

Memorandum & Order [Denying Plaintiffs' Motion to Certify Class]

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

Aug. 20, 2004

Aug. 20, 2004

Order/Opinion
47

0:99-cv-03126

0:99-cv-04238

0:99-cv-02844

Order of Dismissal

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

Jan. 11, 2005

Jan. 11, 2005

Order/Opinion
105

0:99-cv-03126

0:99-cv-04238

0:99-cv-02844

Final Judgment

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

July 5, 2005

July 5, 2005

Order/Opinion
104

0:99-cv-03126

0:99-cv-04238

0:99-cv-02844

Stipulation of Settlement

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

July 5, 2005

July 5, 2005

Settlement Agreement
53

0:99-cv-03126

0:99-cv-02844

[Motion]

Aug. 24, 2006

Aug. 24, 2006

Pleading / Motion / Brief
51-2

05-04206

05-04211

05-04542

In Re: Nassau County Strip Search Cases [2nd Cir. Opinion Allowing Class Certification]

Augustin v. Jablonsky, et al

U. S. Court of Appeals for the Second Circuit

461 F.3d 219

Aug. 24, 2006

Aug. 24, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5532072/augustin-v-jablonsky/

Last updated Aug. 24, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Nassau County, Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Jane/John Does 1−200 FILING FEE $ 150.00 RECEIPT # 219268 (Mierzewski, Liz) (Entered: 05/24/1999)

May 20, 1999

May 20, 1999

2

RETURN OF SERVICE executed as to Nassau Cty. Sheriff 5/21/99 Answer due on 6/10/99 for Nassau Cty. Sheriff (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

3

RETURN OF SERVICE executed as to Joseph Jablonsky 5/21/99 Answer due on 6/10/99 for Joseph Jablonsky (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

4

RETURN OF SERVICE executed as to Thomas S. Gulotta 5/21/99 Answer due on 6/10/99 for Thomas S. Gulotta (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

5

RETURN OF SERVICE executed as to Nassau County 5/21/99 Answer due on 6/10/99 for Nassau County (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

6

NOTICE of attorney appearance for Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Jane/John Does 1−200, Nassau County by Paul F. Millus (Mierzewski, Liz) (Entered: 06/17/1999)

June 16, 1999

June 16, 1999

7

ORDER, extending time , and resetting answer due for 7/12/99 for Nassau County, for Jane/John Does 1−200, for Joseph Jablonsky, for Thomas S. Gulotta, for Nassau Cty. Sheriff ( signed by Judge Denis R. Hurley , on 6/21/99) (Bollbach, Jean) (Entered: 06/22/1999)

June 17, 1999

June 17, 1999

8

ANSWER to Complaint by Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Nassau County by atty Paul Millus (Warner, Pam) (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

10

ORDER, set status conference for 2:00 10/1/99 before Magistrate−Judge Arlene R. Lindsay ( signed by Magistrate−Judge Arlene R. Lindsay , on 8/3/99) c (Mierzewski, Liz) (Entered: 08/11/1999)

Aug. 3, 1999

Aug. 3, 1999

9

STIPULATION and ORDER, extending time to the filing of an amended complaint on or before 8/20/99 ( signed by Judge Denis R. Hurley , on 8/6/99) (Warner, Pam) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

11

ORDER set status conference for 2:00 10/1/99 ( signed by Magistrate−Judge Arlene R. Lindsay , on 8/13/99) cm (Warner, Pam) (Entered: 08/23/1999)

Aug. 16, 1999

Aug. 16, 1999

12

AMENDED CLASS ACTION COMPLAINT by Francis O'Day , (Answer due 9/3/99 for Nassau County, for Nassau Cty. Sheriff, for Thomas S. Gulotta, for Joseph Jablonsky, for Jane/John Does 1−200 ) amending [1−1] complaint against Stuart Moskowitz (Bollbach, Jean) (Entered: 08/30/1999)

Aug. 24, 1999

Aug. 24, 1999

13

ORDER, extending time , and setting answer due for 9/24/99 for Nassau County, for Nassau Cty. Sheriff, for Thomas S. Gulotta, for Joseph Jablonsky, for Jane/John Does 1−200 ( signed by Judge Denis Hurley , on 9/21/99) c/m (Bollbach, Jean) (Entered: 09/22/1999)

Sept. 20, 1999

Sept. 20, 1999

15

LETTER dated 9/24/99 from Paul Millus to USDJ Hurley RE: Requesting a pre−motion conference to dismiss the amended complaint. (Branciforte, Ralph) (Entered: 10/05/1999)

Sept. 27, 1999

Sept. 27, 1999

Endorsment of [15−1] letter. Under the court's individual practices, pre−motion conferences are required only when a party seeks to move for summary judgment. parties seeking to make a different motion should confer with their adversary with respect to a briefing schedule; the movant should file all papers with the court once the motion is fully briefed. ( Signed by Judge Denis Hurley , on 9/26/99) (Branciforte, Ralph) (Entered: 10/05/1999)

Sept. 27, 1999

Sept. 27, 1999

16

ANSWER by Joseph Jablonsky, Nassau County, Nassau Cty. Sheriff to amended complaint (Branciforte, Ralph) (Entered: 10/21/1999)

Sept. 28, 1999

Sept. 28, 1999

Endorsed order granting [14−1] motion to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238. mr. Herbst is to so advise all parties prior to the 10/1/99 conference, and provide them with a copy of this order. ( Signed by Magistrate−Judge Arlene R. Lindsay , on 9/29/99) EOD# 14 CF (Branciforte, Ralph) Modified on 11/04/1999 (Entered: 10/05/1999)

Sept. 29, 1999

Sept. 29, 1999

17

Calendar entry: Before USMJ Lindsay on 11/16/99. Counsel on civil action numbers: 99 CV 2844; 99 CV 3126; and 99 CV 4238 are to appear before the undersigned for an initial conference on 1/6/00 at 2:00 PM. CM (Branciforte, Ralph) (Entered: 11/23/1999)

Nov. 16, 1999

Nov. 16, 1999

18

STIPULATION and ORDER Plaintiff withdraws any and all claims in this action against County Executive Thomas S. Gulotta, without prejudice. In the event that plaintiff allegedly determines that County executive Thomas S. Gulotta should be reinstated as a proper party defendant, plaintiff must seek leave of the Court to do so, unless otherwise stipulated between the parties. In the event that plaintiff seeks to reinstate the claims in this action against County executive Thomas S. Gulotta, while preserving any and all other defenses to such claims, defendants shall not raise the Statute of Limitations as a bar to such claims. ( signed by Judge Denis Hurley , on 11/22/99) (Branciforte, Ralph) (Entered: 11/30/1999)

Nov. 22, 1999

Nov. 22, 1999

Status conference held (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

19

Calendar entry: Before USMJ Lindsay on 1/6/00 @ 2:00 PM. Civil Cause For Initial Confernece. Case called. Counsel for parties present. Pre−trial Scheduling order adopted. (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

20

SCHEDULING ORDER setting Settlement Conference by 10:30 7/20/00 ; Discovery cutoff 6/23/00 ; Pretrial order to be submitted on or before 7/14/00 ; Request for Pre−Motion 6/30/00. ( signed by Magistrate Arlene R. Lindsay , on 1/6/00) CG (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

21

Letter MOTION by Joseph Jablonsky, Nassau Cty. Sheriff, Nassau County To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126 , Motion hearing (Branciforte, Ralph) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

Endorsed order granting [21−1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley , on 3/10/00) EOD# 21 (Branciforte, Ralph) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

22

ORDER Plaintiffs' application to extend the Scheduling Order issued by USMJ Lindsay is referred to USMJ Lindsay. In addition, the motion to dismiss filed by the Port Washington Defendants in 99 CV 4238 is administratively terminated as such defendants were dismissed from that case by order dtd. 6/16/00. (Judge Denis R. Hurley, dtd. 6/26/00) (Branciforte, Ralph) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

23

ORDER, resetting settlement conference for 2:00 11/2/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay , on 7/12/00) CM (Branciforte, Ralph) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

24

ORDER, that request for extension of time is denied however, a 60 day extension of disocvery is granted. all discovery is to conclude by 11/27/00. The parties are advised that, due to the age of this case, no further extensions of discovery will be granted. Request for a premotion conference by 12/7/00. Joint pretrial order by 12/14/00. Settlement conference scheduled for 12/21/00 @2:00 ( signed by Magistrate Arlene R. Lindsay , on 9/22/00) (Mierzewski, Liz) (Entered: 10/04/2000)

Sept. 22, 2000

Sept. 22, 2000

LETTER dated 12/7/00 from Counsel for pltff to Judge Hurley re: Request for a pre−motion conference. (Mierzewski, Liz) (Entered: 12/12/2000)

Dec. 7, 2000

Dec. 7, 2000

26

Letter MOTION to extend time for the settlement conference scheduled for 12/21/00 , Motion hearing [26−1] motion (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

26

ORDER granting [26−1] motion to extend time for the settlement conference scheduled for 12/21/00 ( signed by Magistrate Arlene R. Lindsay , on 12/12/00) cm (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

27

LETTER dtd. 2/1/01 from Keith Tashima, Law Clerk to USMJ Lindsay, to Counsel RE: All discovery was to be concluded by 9/25/00; Proposed Joint Pre−Trial Order was to be submitted by 10/19/00 and is now overdue. A proposed is to be submitted to Chamber immediatley. Please be advised that no requests to extend the above deadlines will be granted. (Branciforte, Ralph) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

28

Calendar entry:, Before Magistrate Judge Lindsay dtd 2/9/01 Civil Cause for conference. All parties present. set status conference for 10:00 3/14/01 before Magistrate Arlene R. Lindsay (Mierzewski, Liz) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

29

ORDER, reset status conference for 3:00 4/2/01 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay , on 3/7/01) cm (Mierzewski, Liz) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

30

MEMORANDUM and ORDER, granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto ( signed by Judge Denis Hurley , on 3/8/01) cm (Mierzewski, Liz) (Entered: 03/12/2001)

March 8, 2001

March 8, 2001

Consolidated Lead Case (Mierzewski, Liz) (Entered: 03/12/2001)

March 12, 2001

March 12, 2001

31

Calendar entry:, Before Magistrate Judge Lindsay dtd 4/2/01 Civil Cause for conference. All parties present. At an initial conference held on 10/1/99, a discovery schedule was set with respect to the individual pltffs. All discovery was to conclude by 6/23/00. By order dtd 6/23/00 this Court granted pltffs' request to extend the discovery schedule and directed the parties to complete discovery by 9/5/00. The parties were advised that in the event the class certification motion changed the landscape of discovery, the discovery schedule could be revised. On 3/8/01, Judge Hurley rendered a decision denying class certification. Inasmuch as the discovery cut−off date was 9/25/00 and there has been no class certification, this case will be marked ready for trial. A settlement conference will be held on 5/30/01 @10:00. If the case does not settle, this case will be marked ready for trial. In the event Judge Hurley reverses his prior decision dtd 3/8/01, the above settlement conference will include a discussion of a newly revised discovery schedule. set pretrial order due for 5/1/01 So Ordered. (Mierzewski, Liz) (Entered: 04/05/2001)

April 2, 2001

April 2, 2001

Endorsed order, (in doc. 31) set settlement conference for 5/30/01 before Magistrate Arlene R. Lindsay ( Signed by Magistrate Arlene R. Lindsay , on 4/2/01) (Mierzewski, Liz) (Entered: 04/05/2001)

April 2, 2001

April 2, 2001

34

MOTION by Pltffs., Gardy Augustin, et al for reconsideration of [30−1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto , Motion hearing [34−1] motion Motion file stamped: 4/17/01 and mailed/served: 4/17/01 (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

35

MEMORANDUM by pltffs in support of [34−1] motion for reconsideration of [30−1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

36

MEMORANDUM by defts. in opposition to [34−1] motion for reconsideration of [30−1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

37

REPLY MEMORANDUM OF LAW by Pltffs in further [34−1] motion for reconsideration of [30−1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

43

LETTER dated 4/17/01 from Jeffrey Smith to USDJ Hurley RE: Enclosing courtesy copies of Plaintiffs' motion for reconsideration. (Branciforte, Ralph) (Entered: 05/22/2001)

April 18, 2001

April 18, 2001

32

ORDER, that the internal cross−reference to footnote 5 appearing on page 26 of the Court's Memorandum opinion and Order dtd 3/8/01, is hereby corrected on the court's own initiative pursuant to Federal Rule of Civil Procedure 60 (a) to read "see discussion supra note 6" to cure a clerical error, it appearing that no appeal in this action has been docketed within the meaing of Federal Rule of Appellate Procedure 7(d)(3) or otherwise. ( signed by Judge Denis Hurley , on 4/16/01) cm (Mierzewski, Liz) (Entered: 04/23/2001)

April 19, 2001

April 19, 2001

33

LETTER dated 4/23/01 from counsel for defts. to Judge Hurley re: Request that the court consider this reponse to pltffs' reply memorandum of law date 4/17/01. Request that the court deny pltff's motion for reconsideration and to affirm the order denying class certification. (Mierzewski, Liz) (Entered: 05/01/2001)

April 24, 2001

April 24, 2001

38

ORDER, that the court will consider both reply and sur−reply of defts. and denies pltffs' letter application to disregard the latter. ( signed by Judge Denis Hurley , on 4/26/01) cm (Mierzewski, Liz) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

39

LETTER dated 4/25/01 from Jeffrey Smith to Judge Hurley re: The Court's order of March 28 01 does not permit the filing of a surreply, nor do defts. attempt to offer any justification, legal or otherwise for the submission of the letter dtd 4/23/01...(See order in doc. 38) (Mierzewski, Liz) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

41

LETTER dated 4/10/01 from Paul Millus to Judge Hurley re: Acknowledgment of receipt of the letter dtd 4/5/01 from Jeffrey Smith. Deft's will not submit any requested

April 30, 2001

April 30, 2001

42

JOINT PRETRIAL ORDER filed (Mierzewski, Liz) (Entered: 05/04/2001)

May 2, 2001

May 2, 2001

44

MEMORANDUM and ORDER denying [34−1] motion for reconsideration of [30−1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto ( signed by Judge Denis Hurley , on 5/23/01) cm (Mierzewski, Liz) (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

45

LETTER dated 5/29/01 from Jeffrey Smith to USMJ Lindsay RE: Requesting an adjournment of the 5/30/01 settlement conference. (Branciforte, Ralph) (Entered: 05/31/2001)

May 29, 2001

May 29, 2001

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

Tele−conference held (Branciforte, Ralph) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

46

Calendar entry: Before USMJ Lindsay on 5/30/01 @ 10:00 a.m. Civil Cause For Telephone Status Conference. Case called. Counsel for parties present. Rulings: All discovery is complete. Parties have advised that there is no chance of settlement at this time. This case is marked ready for trial and is returned to the District Court. CF (Branciforte, Ralph) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

47

PRETRIAL ORDER filed ( signed by Magistrate Arlene R. Lindsay , on 5/30/01) (Branciforte, Ralph) (Entered: 06/05/2001)

May 30, 2001

May 30, 2001

48

LETTER dated 5/16/02 from Paul Millus to Judge Hurley re: So the Court is aware as it determines the future proceedings before the Court, Nassau County intends to file a petition for a Writ of Certiorari with the United States Supreme Court to further the issue of the constitutionality of Nassau County's then strip search policy. (Mierzewski, Liz) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

Endorsement [48−1] letter. Defendants are directed to the Court's Individual Practice Rule 2(A), and to serve and file a letter responsive to the letter of the Iaffaldano and Augustin plaintiffs dtd 12/7/00, seeking a pre−motion conference regarding their proposed motion for summary judgment. This order is related to: Augustin, No. CV99−3126; Iaffaldano, No CV99−4238 ( Signed by Judge Denis Hurley , on 5/20/02) cm (Mierzewski, Liz) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

49

LETTER dated 8/26/02 from Paul Millus to USDJ Hurley RE: Defendant's position regarding plaintiff's intended motion for summary judgment. When I last spoke to one of your law clerks on this subject, I mentioned that I had no objection to plaintiffs' making such a motion and that I intended to file papers simply to preserve my rights on the issue of the unconstitutionality of Nassau County Correctional Center's strip search policy. As the Second Circuit has spoken on this issue, I simply need to make my record, I not that by 10/12/02, the Nassau County defendants intend to file their petition for a writ of certiorari. (Branciforte, Ralph) (Entered: 09/11/2002)

Aug. 27, 2002

Aug. 27, 2002

51

LETTER dated 9/24/02 from Robert L. Herbst to Hon. J. Hurley requesting additional time to attempt to complete a resolution with the defense counsel that would make unnecessary the briefing schedule that the court had set. (Barhome, Sydelle) (Entered: 10/02/2002)

Sept. 25, 2002

Sept. 25, 2002

52

ORDER, that defendant's motion for judgment on the pleadings shall be served on or before 11/6/02. ( signed by Judge Denis Hurley , on 10/1/02) cm (Mierzewski, Liz) (Entered: 10/08/2002)

Oct. 1, 2002

Oct. 1, 2002

55

LETTER dated 10/3/02 from Counsel for plaintiff to Judge Hurley re: Request for a pre−motion conference prior to making a new motion for partial class certification on the issues of liability and punitive damages. (Mierzewski, Liz) (Entered: 01/09/2003)

Oct. 3, 2002

Oct. 3, 2002

53

LETTER dated 10/4/02 from Paul Millus to USDJ Hurley RE: Defendants have determined that it is incumbent upon Mr. Herbst and his fellow proposed putative class counsel to prepare the proposed stipulation for my review which should incoporate all requisite material and undisputed facts which they contend would entitle plaintiffs to summary judgment and appropriate language reserving defendants' rights to further challenge a liability finding if the U.S. Supreme Court rules in defendants' favor. (Branciforte, Ralph) (Entered: 10/09/2002)

Oct. 7, 2002

Oct. 7, 2002

54

LETTER dated 10/7/02 from Counsel for plaintiff to Judge Hurley re: Response to defense counsel's October 4, 2002 letter to the Court. (Mierzewski, Liz) (Entered: 10/17/2002)

Oct. 8, 2002

Oct. 8, 2002

56

LETTER dated 10/9/02 from Counsel for Defendants to Judge Hurley re: Defendants intend to oppose any new motion made by the plaintiffs for partial class certification. (Mierzewski, Liz) (Entered: 01/09/2003)

Oct. 10, 2002

Oct. 10, 2002

57

Calendar entry: Before Judge Hurley on 12/12/02 @3:30 p.m. Case called for Pre−Motion conference for Proposed Motion for Partial class certification. For Plaintiff: Robert Herbst, Alan McDowell, Jeffrey Smith and Matthew Briarkerhoff. Plaintiff's proposed motion for partial class certification shall be served on or before 1/16/03, Defendant's opposition 2/6/03, Plaintiffs' reply 2/20/03 and Plaintiffs shall file all originals and courtesy copies for the Court on 2/25/03. (Mierzewski, Liz) (Entered: 01/09/2003)

Dec. 2, 2002

Dec. 2, 2002

59

MOTION by Francis O'Day, Stuart Moskowitz to certify class action , No Motion hearing Motion file stamped: 2/25/03 and mailed/served: 1/16/03 (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

60

MEMORANDUM by Joseph Jablonsky, Nassau County in opposition to [59−1] motion to certify class action (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

61

REPLY MEMORANDUM OF LAW by Francis O'Day, Stuart Moskowitz in further [59−1] motion to certify class action (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

58

Letter MOTION by Nassau County to extend time for defendant's to serve responsive papers , No Motion hearing (Mierzewski, Liz) (Entered: 02/12/2003)

Feb. 5, 2003

Feb. 5, 2003

Endorsed order granting [58−1] motion to extend time for defendant's to serve responsive papers; Briefing schedule is adjusted as follows: Defendants shall serve their opposition papers on or before 2/14/03; (2) Plaintiff shall serve their reply papers on or before 2/28/03; (3) Plaintiffs shall file all originals and courtesy copies for the Court on 3/7/03; (4) in all other respects, the Court's original scheduling order shall control ( Signed by Judge Denis Hurley , on 2/7/03) cm (Mierzewski, Liz) (Entered: 02/12/2003)

Feb. 7, 2003

Feb. 7, 2003

63

Letter MOTION by County of Nassau to extend time to respond to plaintiffs' application to renew the argument in support of class certification, No Motion hearing (Mierzewski, Liz) Modified on 03/04/2003 (Entered: 03/04/2003)

Feb. 13, 2003

Feb. 13, 2003

62

Letter MOTION by Francis O'Day, Stuart Moskowitz to extend time to serve reply papers to the motion for class certification to 2/25/03 , No Motion hearing (Mierzewski, Liz) (Entered: 03/04/2003)

Feb. 19, 2003

Feb. 19, 2003

Endorsed order granting [62−1] motion to extend time to serve reply papers to the motion for class certification to 2/25/03 ( Signed by Judge Denis Hurley , on 2/24/03) cm (Mierzewski, Liz) (Entered: 03/04/2003)

Feb. 24, 2003

Feb. 24, 2003

Endorsement [63−1] letter. Plaintiff's response shall be served on or before 2/18/03; Defendants reply shall be served by 3/4/03; Defendants shall file all originals and courtesy copies on 3/6/03; the Court's original scheduling order controls in all other respects. ( Signed by Judge Denis Hurley , on 2/24/03) cm (Mierzewski, Liz) (Entered: 03/04/2003)

Feb. 24, 2003

Feb. 24, 2003

65

ORDER that the Court has received Plaintiffs' two page request for reconsideration. Defendants are ordered to file their response to this request on or before 10/10/03. Plaintiffs shall file their reply letter, if any, on or before 10/14/03. . Signed by Judge Denis R. Hurley on 10/2/03. cm(Mierzejewski, Elizabeth) (Entered: 10/17/2003)

Oct. 2, 2003

Oct. 2, 2003

66

LETTER dtd 9/30/03 from Plaintiffs' counsel to Judge Hurley Regarding Request for the Court's assistance in expediting either settlement or trial of these actions, which were file four years ago.. (Mierzejewski, Elizabeth) (Entered: 10/17/2003)

Oct. 2, 2003

Oct. 2, 2003

69

Letter dtd.10/9/03 from Orrit Hershkovitz, Paul F. Millus to Hon. J. Hurley on behalf of dfts to oppose another request by plfs for reconsideration of the Court's ruling with respect to class certification, which should be denied for reasons outlined in this letter. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 10, 2003

Oct. 10, 2003

70

Letter dtd. 10/14/03 from Robert L. Herbst to Hon. J. Hurley writing on behalf of plf and putative class members in response to dfts' letter of 1/9/03 : plfs' punitive damages claim presents an issue of fact and law common to all plfs' and putative class members, further justifying class certification. Unlike the cases cited by dfts, the punitive damages claim presented here lends itself to class−wide adjudiation. For these reasons, the Court should reconsider its most recent ruling and grant plfs' motion for class certification or partial class certification. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 14, 2003

Oct. 14, 2003

67

LETTER MOTION dtd 10/15/03 from Counsel for Defendants to Judge Hurley re: Request for an extension of time to file a response, if any, to the Court's invitation to address the issue of whether liability has been conceded for all purposes in this action against all defendants.. (Mierzejewski, Elizabeth) Modified on 10/30/2003 (Mierzejewski, Elizabeth). (Entered: 10/30/2003)

Oct. 15, 2003

Oct. 15, 2003

ORDER granting the 67 Letter motion by defendants for an extension of time to file a response, if any, to the Court's invitation to address the issue of whether liability has been conceded for all purposes in this action. Defendants shall file their contemplated papers on or before 10/17/03 @12:00 noon on 10/21/03.. Signed by Judge Denis R. Hurley on 10/16/03. cm(Mierzejewski, Elizabeth) (Entered: 10/30/2003)

Oct. 16, 2003

Oct. 16, 2003

73

Letter REQUEST dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley requesting permission to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action against all dfts as requested in the decision of 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Oct. 20, 2003

Oct. 20, 2003

71

Letter dtd. 10/20/03 from Robert L. Herbst to Hon. J. Hurley replying to dfts' letter of 10/17/03: Court should reconsider its prior decision and grant plfs' motion for class certificiation on liability, for reasons outlined in this letter. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 21, 2003

Oct. 21, 2003

68

MEMORANDUM AND OPINION: (Case also relates to 99CV3126; 99−CV4238) Court concludes that Plfs' motion for reconsideration is GRANTED. Court DECLINES to alter or amend its 9/23/03 order. With regard to Plfs' request to expedite resolution of this case (9/30/03 letter), the parties shall report to Judge Hurley's chambers at 2:00pm on 12/5/03. Case set for trial on 2/2/03. Jury selection shall be conducted @9:30, same date.. Signed by Judge Denis R. Hurley on 11/7/03. (Barhome, Sydelle) (Entered: 11/13/2003)

Nov. 7, 2003

Nov. 7, 2003

74

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior−Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Dec. 5, 2003

Dec. 5, 2003

75

ORDER that the Final Pretrial Conference is set for 1/16/2004 03:00 PM before Judge Denis R. Hurley. All parties are instructed to attend this conference with the authority to discuss settlement. The trial date is adjourned until a date to be decided at the 1/16/04, conference.. Signed by Judge Denis R. Hurley on 12/5/03. cm(Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Dec. 5, 2003

Dec. 5, 2003

76

Calendar Entry for proceedings held before Denis R. Hurley on 1/16/04 at 3:15 p.m. for Civil Cause for Final Pretrial Conference; Appearances: For pltff.: Robert Herbst, Matthew Brinckerhoff; For deft.: Michael Langer. Case called. Counsel for all sides present. Court recommends settlement amount. Counsel to confer and contact the Court on 1/30/04 at 1:30 p.m. by phone. Jury selection & trial scheduled for 4/19/04 at 9:30 a.m. Jury selection set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley; Jury trial set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley. Trial anticipated to last three (3) weeks. (Fagan, Linda) (Entered: 01/27/2004)

Jan. 16, 2004

Jan. 16, 2004

77

Letter from Michael J. Langer to Honorable Denis R. Hurley, dated 1/20/04 re: To request that the defts have until Wednesday, 1/28/04, by which time they will inform the Court as to how the defts wish to proceed with respect to whether or not the defts intend to reopen the issue of the defts' concession of liability for the strip searches conducted on pltffs in this matter. (Fagan, Linda) Modified on 2/4/2004 (Fagan, Linda). (Entered: 02/04/2004)

Jan. 26, 2004

Jan. 26, 2004

Endorsed ORDER on 77 Letter. Application Granted. ( Signed by Judge Denis R. Hurley on 1/26/04. ) eod #77(Fagan, Linda) (Entered: 02/04/2004)

Jan. 26, 2004

Jan. 26, 2004

78

LETTER MOTION dtd 1/28/04 from Counsel for Defendants to Judge Hurley Regarding: Defendanta wish to clarify their concession of liability with respect to the strip searches conducted on plaintiffs in this matter. (Mierzejewski, Elizabeth) (Entered: 02/05/2004)

Jan. 28, 2004

Jan. 28, 2004

79

ORDER re 78 Letter motion. In accordance with the Court's directions at the 1/16/04, conference, Defendants have submitted a letter regarding their concession of liability. In this letter, Defendants have indicated that they wish to modify their previous concession of liability. Pursuant to that request, Defendants request leave to file a formal clarification of their concessions. The Court will entertain, as a cross motion, a renewed motion to certify a class. With that said, the parties shall adhere to the following schedule: Defendants shall submit their proposed motion on or before 2/17/04. Plaintiffs shall submit their opposition, if any, as well as any cross−motion, on or before 3/5/04, as well as their opposition to any cross motion, on or before 3/22/04; Plaintiffs shall serve their reply with regard to any cross motion on or before 32/9/04; If no cross motion is filed, Defendants shall file all originals, as well as courtesy copies fo the Court on 3/22/04; if a cross motion is filed Plaintiffs shall file all originals, as well as courtesy copies for the Court, on or before 3/29/04.. Signed by Judge Denis R. Hurley on 1/29/04. cm(Mierzejewski, Elizabeth) (Entered: 02/05/2004)

Jan. 29, 2004

Jan. 29, 2004

83

MEMORANDUM in Opposition re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

84

REPLY in Support re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

85

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

87

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

80

LETTER MOTION dtd 3/22/04 from Counsel for Defendants to Judge Hurley Regarding Request that this Court allow the plaintiffs to file all submissions with the Court on the motion and cross motion on 3/29/04.. (Mierzejewski, Elizabeth) (Entered: 03/29/2004)

March 22, 2004

March 22, 2004

ORDER Granting the 80 Letter Motion that the Court allow the plaintiffs to file all submissions with the Court on the motion and cross−motion on 3/29/04.. Signed by Judge Denis R. Hurley on 3/23/04. cm (Mierzejewski, Elizabeth) (Entered: 03/29/2004)

March 22, 2004

March 22, 2004

86

MOTION for an order allowing the defendants; concession of liability to exist only as to the searches that are governed by the decision in Sham v. Ellison,52F.Supp. 2d. 564(EDNY1999), aff'd, 273 F.#d 56 (2d Cir.2001) Nassau County V. Shain 503 U.S. 1083 (2002). by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 29, 2004

March 29, 2004

88

AFFIDAVIT of Paul Millus in Support of the 86 Notice (Other), Notice (Other) by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 29, 2004

March 29, 2004

81

LETTER dtd 3/30/04 from Counsel for plaintiff to Judge Hurley Regarding: Enclosed Exhibit 1 to the reply memorandum of law filed and served yesterday in support of plaintiffs' cross motion for class certification.. (Mierzejewski, Elizabeth) (Entered: 04/05/2004)

March 30, 2004

March 30, 2004

90

Letter dated 8/17/04 from Spencer Freedman to Hon. Denis R. Hurley re: Writing to bring a decision the Second Circuit has recently vacated regarding a preliminary injunction agst. the County of Orange in a class action on behalf of individuals subjected to a routine strip search policy at a county jail. (Dachille, Patti) (Entered: 09/03/2004)

Aug. 18, 2004

Aug. 18, 2004

89

ORDER denying 82 Motion to Certify Class and granting 86 Defendants' Motion to Clarify Concession of Liability.. Signed by JudgeDenis R. Hurley on 08/20/04. (Ott, Christopher) Additional attachment(s) added on 10/4/2004 (Fagan, Linda). (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: June 3, 1999

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested for misdemeanors or non-criminal offenses in Nassau County who were strip searched at Nassau County Correctional Facility pursuant to defendants' Blanket Policy, from May 20, 1996 until June 1, 1999.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Nassau (Nassau), County

Nassau County Sheriff's Department (Nassau), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $350,000

Issues

General:

Disciplinary procedures

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run