Case: Bame v. Clark

1:05-cv-01833 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 15, 2005

Closed Date: 2011

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Case Summary

On September 15, 2005, plaintiffs brought a class action lawsuit in the U.S. District Court for the District of Columbia against the United States Marshals on behalf of hundreds of men who had been arrested during several protests against the International Monetary Fund. Following their arrests, plaintiffs were transferred to the custody of the U.S. Marshall and then detained in holding cells at the D.C. Superior Courthouse. Plaintiffs alleged that, while in custody, they were subjected to unlawful strip searches which had been conducted by deputy U.S. Marshals in the absence of any individualized reasonable suspicion. Plaintiffs, represented by attorneys from the George Washington University Law School and the People's Law Resource Center, alleged that such searches violated their Fourth Amendment right to be free of unreasonable searches and seizures. Plaintiffs sought compensatory and punitive damages and class certification.

On April 19, 2006, Defendants filed a motion to dismiss the suit. The District Court granted the motion in part and denied it in part, dismissing the claims raised against two former U.S. Marshals who were sued in their official capacity, but refusing to dismiss the claims raised against Marshal Dillard in his individual capacity. Specifically, the Court held that (1) Plaintiffs' Bivens claims were timely; (2) Plaintiffs sufficiently alleged that Marshal Dillard was a state actor; (3) Marshal Dillard was not entitled to qualified immunity at the motion to dismiss phase; and (4) Plaintiffs adequately stated a claim under the Fourth Amendment. Bame v. Clark, 466 F.Supp.2d 105 (D.D.C. Dec 11, 2006).

Marshal Dillard initially filed a notice of appeal but subsequently moved to dismiss the appeal. The appeal was dismissed by the District Court on June 11, 2007. Bame v. Dillard, 2007 WL 1760490 (D.C.Cir. Jun 11, 2007).

On May 22, 2008, Judge Rosemary M. Collyer granted class certification. Bame v. Clark, 2008 WL 2168393 (D.C.Cir. May 22, 2008).

On August 25, 2009, Judge Collyer denied the defendant's and the plaintiff's motions for summary judgment. Bame v. Dillard, 647 F.Supp.2d 43 (D.C. Cir. 2009). The defendant appealed.

On March 25, 2011, the United States Court of Appeals for the District of Columbia Circuit Judge dismissed the case, holding that it was not clearly established in 2002 that the strip search of a person being introduced into a detention facility violated the Fourth Amendment, and that therefore, the defendant was entitled to qualified immunity and to summary judgment. Bame v. Clark, 637 F.3d 380 (D.D.C. 2011).

Summary Authors

Dan Dalton (1/22/2008)

Jessica Kincaid (3/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4202974/parties/bame-v-clark/

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Cunningham, Lynn E. (Wyoming)

Attorney for Defendant

Attorney, W. Mark

Attorney, Ronald C.

Contreras, Rudolph (District of Columbia)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorney for Plaintiff

Cunningham, Lynn E. (Wyoming)

Esquire, Lynn E.

Wolfe, Zachary J. (District of Columbia)

Attorney for Defendant

Attorney, W. Mark

Attorney, Ronald C.

Contreras, Rudolph (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Nebeker, William Mark (District of Columbia)

Wainstein, Kenneth L. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:05-cv-01833	Docket [PACER]	June 11, 2007	June 11, 2007 Docket
1 1:05-cv-01833	Class Action Complaint for Compensatory and Punitive Damages	Sept. 15, 2005	Sept. 15, 2005 Complaint
8 1:05-cv-01833	First Amended Class Action Complaint Bame, et al. v. Clark, et al.	Oct. 28, 2005	Oct. 28, 2005 Complaint
18-1 1:05-cv-01833	Plaintiffs' Motion for Class Certification	Feb. 8, 2006	Feb. 8, 2006 Pleading / Motion / Brief
30-1 1:05-cv-01833	Motion to Dismiss or, In The Alternative, for Summary Judgment	April 19, 2006	April 19, 2006 Pleading / Motion / Brief
31-1 1:05-cv-01833	Plaintiffs' Reply Memorandum In Support of Motion for Class Certification	April 21, 2006	April 21, 2006 Pleading / Motion / Brief
45 1:05-cv-01833	Order [Re: Motion to Dismiss]	Dec. 11, 2006	Dec. 11, 2006 Order/Opinion 466 F.Supp.2d 105
07-05007	Order [Re: Motion to Dismiss] Bame v. Dillard U.S. Court of Appeals for the District of Columbia Circuit	June 11, 2007	June 11, 2007 Order/Opinion 2007 WL 1760490
63 1:05-cv-01833	Memorandum Opinion [Granting Motion for Class Certification]	May 22, 2008	May 22, 2008 Order/Opinion 2008 WL 2168393
91 1:05-cv-01833	Memorandum Opinion [Denying Motions for Summary Judgment]	Aug. 25, 2009	Aug. 25, 2009 Order/Opinion 647 F.Supp.2d 43

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4202974/bame-v-clark/

Last updated July 19, 2026, 5:47 a.m.

Docket for: BAME v. CLARK

ECF Number	Date	Description	Link
1	Sept. 15, 2005	COMPLAINT against JOHN F. CLARK, GEORGE B. WALSH, TODD WALTHER DILLARD, JOHN DOES (Filing fee $ 250) filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER.(td, ) (Entered: 09/16/2005)	RECAP
2	Sept. 15, 2005	NOTICE OF RELATED CASE by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. Case related to Case No. 02-2010. (td, ) (Entered: 09/16/2005)	RECAP
3	Oct. 3, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TODD WALTHER DILLARD served on 9/24/2005, answer due 10/14/2005 (nmw, ) (Entered: 10/04/2005)	RECAP
4	Oct. 13, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served on 9/30/2005, answer due 11/29/2005(td, ) (Entered: 10/24/2005)	RECAP
5	Oct. 13, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to GEORGE B. WALSH served on 10/5/2005, answer due 12/5/2005. (td, ) (Entered: 10/24/2005)	RECAP
6	Oct. 13, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 9/30/05. (td, ) (Entered: 10/24/2005)	RECAP
7	Oct. 28, 2005	ENTERED IN ERROR. . . .NOTICE filing of First Amended Complaint by PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Cunningham, Lynn) Modified on 10/31/2005 (td, ). (Entered: 10/28/2005)	RECAP
8	Oct. 28, 2005	AMENDED COMPLAINT against JOHN F. CLARK, STEVE CONBOY, GEORGE B. WALSH, TODD WALTHER DILLARD, JOHN DOESfiled by PAUL BAME,GREGORY KELTNER, IVAN WELANDER.(td, ) Modified on 10/31/2005 (td, ). (Entered: 10/31/2005)	RECAP
9	Nov. 2, 2005	NOTICE of Voluntary Dismissal re George B.Walsh (Cunningham, Lynn) (Entered: 11/02/2005)	RECAP
10	Nov. 15, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to JOHN F. CLARK served on 11/8/2005, answer due 1/9/2006. (nmw, ) (Entered: 11/15/2005)	RECAP
11	Nov. 28, 2005	Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint, 2 Notice of Related Case, MOTION for Extension of Time to File Response/Reply by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/28/2005) 1 Text of Proposed Order View on RECAP	RECAP
12	Nov. 29, 2005	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to STEVE CONBOY served on 11/17/2005, answer due 1/17/2006. (nmw, ) (Entered: 11/30/2005)	RECAP
13	Dec. 12, 2005	Unopposed MOTION for Extension of Time to file motion for class certification by PAUL BAME. (Attachments: # 1 Text of Proposed Order Proposed Order for extension of time within which to file motion for class certification)(Cunningham, Lynn) (Entered: 12/12/2005) 1 Text of Proposed Order Proposed Order for extension of time within which to file View on RECAP	RECAP
14	Jan. 18, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 8 Amended Complaint, 2 Notice of Related Case, MOTION for Extension of Time to File Answer by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/18/2006) 1 Text of Proposed Order View on RECAP	RECAP
15	Jan. 27, 2006	Unopposed MOTION for Extension of Time to File Motion for Class Certification by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1)(Cunningham, Lynn) (Entered: 01/27/2006) 1 Restricted View on RECAP	RECAP
16	Feb. 2, 2006	ANSWER to Amended Complaint by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. Related document: 8 Amended Complaint filed by PAUL BAME,, GREGORY KELTNER,, IVAN WELANDER,.(Nebeker, William) (Entered: 02/02/2006)	RECAP
17	Feb. 2, 2006	NOTICE OF RELATED CASE by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. Case related to Case No. 02-2364. (Nebeker, William) (Entered: 02/02/2006)	RECAP
18	Feb. 8, 2006	MOTION to Certify Class by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Exhibit Exhibit 1 Log Out Sheets# 2 Text of Proposed Order # 3 Exhibit Ex 2 Cunningham AFF# 4 Exhibit Ex 3 Cunningham Resume# 5 Exhibit Ex 4 Wolfe Aff# 6 Exhibit Ex 5 Wolfe Resume)(Cunningham, Lynn) (Entered: 02/08/2006) 1 Exhibit Exhibit 1 Log Out Sheets View on RECAP 2 Text of Proposed Order View on RECAP 3 Exhibit Ex 2 Cunningham AFF View on RECAP 4 Exhibit Ex 3 Cunningham Resume View on RECAP 5 Exhibit Ex 4 Wolfe Aff View on RECAP 6 Exhibit Ex 5 Wolfe Resume View on RECAP	RECAP
19	Feb. 21, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Certify Class by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/21/2006) 1 Text of Proposed Order View on RECAP	RECAP
20	March 9, 2006	Unopposed MOTION for Extension of Time to File Report under Local Rule 16(b) by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cunningham, Lynn) (Entered: 03/09/2006) 1 Text of Proposed Order Proposed Order View on RECAP	RECAP
21	March 10, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Certify Class by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/10/2006) 1 Text of Proposed Order View on RECAP	RECAP
22	March 15, 2006	MEET AND CONFER STATEMENT. (Cunningham, Lynn) (Entered: 03/15/2006)	RECAP
23	March 20, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Certify Class by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/20/2006) 1 Text of Proposed Order View on RECAP	RECAP
24	March 30, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Certify Class by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/30/2006) 1 Text of Proposed Order View on RECAP	RECAP
25	April 4, 2006	Unopposed MOTION for Leave to File Opposition To Plaintiffs' Motion For Class Certification by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order # 2 Exhibit opposition# 3 Exhibit proposed order for opposition)(Nebeker, William) (Entered: 04/04/2006) 1 Text of Proposed Order View on RECAP 2 Exhibit opposition View on RECAP 3 Exhibit proposed order for opposition View on RECAP	RECAP
26	April 5, 2006	NOTICE Of Filing by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY re 18 MOTION to Certify Class (Attachments: # 1 Exhibit A (pages 1-44)# 2 Exhibit A (pages 45-88)# 3 Exhibit B)(Nebeker, William) (Entered: 04/05/2006) 1 Exhibit A (pages 1-44) View on RECAP 2 Exhibit A (pages 45-88) View on RECAP 3 Exhibit B View on RECAP	RECAP
27	April 7, 2006	Unopposed MOTION for Extension of Time to File Response/Reply in support of motion for class certification by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 04/07/2006) 1 Text of Proposed Order View on RECAP	RECAP
28	April 17, 2006	MOTION for Extension of Time to File Dispositive Motion by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 04/17/2006)	RECAP
29	April 17, 2006	NOTICE Of Filing by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY re 26 Notice (Other) (Attachments: # 1 Affidavit Declaration of William Bordley)(Nebeker, William) (Entered: 04/17/2006) 1 Affidavit Declaration of William Bordley View on RECAP	RECAP
30	April 19, 2006	MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Nebeker, William) (Entered: 04/19/2006) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Text of Proposed Order View on RECAP	RECAP
31	April 21, 2006	REPLY to opposition to motion re 18 MOTION to Certify Class filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Affidavit Declaration of Paul Bame Ex 6# 2 Declaration of Welander p1 Ex 7# 3 Exhibit Johnson v DC consent motion Ex 8# 4 Exhibit Barham v Ramsey Complaint Ex 9# 5 Exhibit Bame Notice to Return to Ct. Ex 10# 6 Exhibit Morgan v Barry Decree Ex 11)(Cunningham, Lynn) (Entered: 04/21/2006) 1 Affidavit Declaration of Paul Bame Ex 6 View on RECAP 2 Declaration of Welander p1 Ex 7 View on RECAP 3 Exhibit Johnson v DC consent motion Ex 8 View on RECAP 4 Exhibit Barham v Ramsey Complaint Ex 9 View on RECAP 5 Exhibit Bame Notice to Return to Ct. Ex 10 View on RECAP 6 Exhibit Morgan v Barry Decree Ex 11 View on RECAP	RECAP
32	April 27, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 04/27/2006) 1 Text of Proposed Order View on RECAP	RECAP
33	May 16, 2006	Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss 30 by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 05/16/2006) 1 Text of Proposed Order View on RECAP	RECAP
34	June 2, 2006	Memorandum in opposition to re 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Exhibit 12# 3 Exhibit Exhibit 13)(Cunningham, Lynn) (Entered: 06/02/2006) 1 Text of Proposed Order View on RECAP 2 Exhibit Exhibit 12 View on RECAP 3 Exhibit Exhibit 13 View on RECAP	RECAP
35	June 2, 2006	MOTION for Discovery pursuant to FRCivP Rule 56(f) by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Affirmation of counsel in support of motion# 3 Exhibit Exhibit of proposed discovery requests)(Cunningham, Lynn) (Entered: 06/02/2006) 1 Text of Proposed Order View on RECAP 2 Affidavit Affirmation of counsel in support of motion View on RECAP 3 Exhibit Exhibit of proposed discovery requests View on RECAP	RECAP
36	June 2, 2006	MOTION to Stay Consideration of Defendants' Motion to Dismiss by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (See docket number 35 for scanned document). (tg, ) (Entered: 06/05/2006)	RECAP
37	June 15, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Discovery pursuant to FRCivP Rule 56(f), 36 MOTION to Stay by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Statement of Facts)(Nebeker, William) (Entered: 06/15/2006) 1 Statement of Facts View on RECAP	RECAP
38	June 26, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment, 35 MOTION for Discovery pursuant to FRCivP Rule 56(f), 36 MOTION to Stay by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 06/26/2006)	RECAP
39	July 18, 2006	Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment, 35 MOTION for Discovery pursuant to FRCivP Rule 56(f), 36 MOTION to Stay by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 07/18/2006)	RECAP
40	July 21, 2006	Memorandum in opposition to re 35 MOTION for Discovery pursuant to FRCivP Rule 56(f), 36 MOTION to Stay And Reply To Plaintiff's Opposition To Defendants' Motion To Dismiss Or, In The Alternative, For Summary Judgment filed by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 07/21/2006)	RECAP
41	July 21, 2006	REPLY to opposition to motion re 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment And Reply To Plaintiff's Opposition To Defendants' Motion To Dismiss Or, In The Alternative, For Summary Judgment filed by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 07/21/2006)	RECAP
42	July 25, 2006	Unopposed MOTION for Extension of Time to file reply brief by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 07/25/2006) 1 Text of Proposed Order View on RECAP	RECAP
43	Aug. 4, 2006	REPLY to opposition to motion re 35 MOTION for Discovery pursuant to FRCivP Rule 56(f), 36 MOTION to Stay filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Cunningham, Lynn) (Entered: 08/04/2006)	RECAP
44	Dec. 11, 2006	MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 12/11/2006. (ses) (Entered: 12/11/2006)	RECAP
45	Dec. 11, 2006	ORDER granting in part and denying in part 30 Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment; and denying 35 Plaintiffs' Motion for Discovery and 36 Plaintiffs' Motion to Stay. Signed by Judge Rosemary M. Collyer on 12/11/2006. (ses) (Entered: 12/11/2006)	RECAP
46	Jan. 9, 2007	NOTICE OF APPEAL as to 45 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,, Order on Motion for Discovery,, Order on Motion to Stay,, 44 Memorandum & Opinion by TODD WALTHER DILLARD. Fee Status: No Fee Paid. Parties have been notified. (Nebeker, William) (Entered: 01/09/2007)	RECAP
47	June 11, 2007	ORDER of USCA (certified copy) granting appellant's motion to dismiss appeal 46, and this case is hereby dismissed as to TODD W. DILLARD. (erd) (Entered: 06/15/2007)	RECAP
48	July 24, 2007	MEET AND CONFER STATEMENT. (Cunningham, Lynn) (Entered: 07/24/2007)	RECAP
49	July 25, 2007	ERRATA Proposed Scheduling Order by PAUL BAME, GREGORY KELTNER, IVAN WELANDER 48 Meet and Confer Statement. (Attachments: # 1 Errata Scheduling Order to accompany Parties' Meet and Confer Report 48 )(Cunningham, Lynn) (Entered: 07/25/2007) 1 Errata Scheduling Order to accompany Parties' Meet and Confer Report [48] View on RECAP	RECAP
50	Aug. 6, 2007	SCHEDULING ORDER. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 8/6/2007. (lcrmc2) (Entered: 08/06/2007)	RECAP
51	Sept. 20, 2007	MOTION to Amend/Correct First Amended Complaint by PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Attachments: # 1 Exhibit)(Cunningham, Lynn) (Entered: 09/20/2007) 1 Exhibit View on RECAP	RECAP
52	Oct. 4, 2007	Memorandum in opposition to re 51 MOTION to Amend/Correct First Amended Complaint filed by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/04/2007) 1 Text of Proposed Order View on RECAP	RECAP
53	Oct. 5, 2007	ERRATA by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY 51 MOTION to Amend/Correct First Amended Complaint filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Exhibit Memorandum Of Points And Authorities In Opposition To Plaintiffs' Motion To Amend Complaint To Add Parties)(Nebeker, William) (Entered: 10/05/2007) 1 Exhibit Memorandum Of Points And Authorities In Opposition To Plaintiffs' M View on RECAP	RECAP
54	Oct. 9, 2007	REPLY to opposition to motion re 51 MOTION to Amend/Correct First Amended Complaint filed by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Cunningham, Lynn) (Entered: 10/09/2007)	RECAP
55	Jan. 22, 2008	Consent MOTION for Extension of Time to Complete Discovery by PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 01/22/2008) 1 Text of Proposed Order View on RECAP	RECAP
56	March 28, 2008	ORDER granting in part and denying in part 51 Plaintiffs' Motion to Amend the Complaint. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 3/28/08. (lcrmc2) (Entered: 03/28/2008)	RECAP
57	March 28, 2008	Second AMENDED COMPLAINT against TODD WALTHER DILLARD, JOHN DOES filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER.(tg, ) (Entered: 03/31/2008)	RECAP
58	April 8, 2008	SUPPLEMENTAL MEMORANDUM to re 18 MOTION to Certify Class, 30 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 04/08/2008)	RECAP
59	April 8, 2008	LARGE ADDITIONAL ATTACHMENT(S) by TODD WALTHER DILLARD 58 Supplemental Memorandum filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 04/08/2008)	RECAP
60	April 11, 2008	Consent MOTION for Extension of Time to File Response/Reply to defendant's memorandum in opposition to class certification by PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Cunningham, Lynn) (Entered: 04/11/2008)	RECAP
61	April 11, 2008	ANSWER to 57 Amended Complaint by TODD WALTHER DILLARD. Related document: 57 Amended Complaint filed by JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER, NICOLAS CHURCH.(Nebeker, William) (Entered: 04/11/2008)	RECAP
62	April 21, 2008	REPLY to opposition to motion re 18 MOTION to Certify Class filed by NICOLAS CHURCH, PAUL BAME, GREGORY KELTNER. (Attachments: # 1 Exhibit Defendant's Initial Disclosures, # 2 Exhibit Defendant's Responses to Plaintiffs' Interrogatories)(Cunningham, Lynn) (Entered: 04/21/2008) 1 Exhibit Defendant's Initial Disclosures View on RECAP 2 Exhibit Defendant's Responses to Plaintiffs' Interrogatories View on RECAP	RECAP
63	May 22, 2008	MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 5/22/08. (lcrmc2) (Entered: 05/22/2008)	RECAP
64	May 22, 2008	ORDER granting 18 Plaintiffs' Motion for Class Certification. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 5/22/08. (lcrmc2) (Entered: 05/22/2008)	RECAP
65	June 19, 2008	MOTION to Amend/Correct 61 Answer to Amended Complaint by TODD WALTHER DILLARD (Attachments: # 1 Exhibit Amended Answer, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 06/19/2008) 1 Exhibit Amended Answer View on RECAP 2 Text of Proposed Order View on RECAP	RECAP
66	June 24, 2008	Memorandum in opposition to re 65 MOTION to Amend/Correct 61 Answer to Amended Complaint filed by NICOLAS CHURCH, PAUL BAME, GREGORY KELTNER. (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 06/24/2008) 1 Text of Proposed Order View on RECAP	RECAP
67	June 24, 2008	ERRATA Attachment of Burgin/Diamond complaint by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER 66 Memorandum in Opposition filed by PAUL BAME, GREGORY KELTNER, NICOLAS CHURCH. (Cunningham, Lynn) (Entered: 06/24/2008)	RECAP
68	June 30, 2008	Joint MOTION for Extension of Time to Complete Discovery To Permit Certain Depositions After The Close Of The Discovery Period by TODD WALTHER DILLARD, JOHN DOES, NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/30/2008) 1 Text of Proposed Order View on RECAP	RECAP
69	June 30, 2008	REPLY to opposition to motion re 65 MOTION to Amend/Correct 61 Answer to Amended Complaint filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 06/30/2008)	RECAP
70	July 17, 2008	AMENDED ANSWER to Second Amended Complaint by TODD WALTHER DILLARD. Related document: 57 Second Amended Complaint filed by JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER, NICOLAS CHURCH.(tg, ) (Entered: 07/18/2008)	RECAP
71	Sept. 30, 2008	Unopposed MOTION for Extension of Time to File Dispositive Motions by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/30/2008)	RECAP
72	Oct. 6, 2008	MOTION for Summary Judgment on Liability by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Attachments: # 1 Memorandum in Support Memorandum in Support of Summary Judgment, # 2 Text of Proposed Order MSJ proposed order, # 3 Statement of Facts Statement of Uncontested Facts, # 4 Exhibit List of Exhibits in Support of Motion for Summary Judgment, # 5 Exhibit Exhibit 1 Dillard Depo, # 6 Exhibit Ex 2 Rowe Deposition, # 7 Exhibit Ex 3 Bame Deposition, # 8 Exhibit Ex 4 Church Depo, # 9 Exhibit Ex 5 Duncan Depo, # 10 Exhibit Ex 6 Keltner Depo, # 11 Exhibit Ex 7 Welander Depo, # 12 Exhibit Ex 8 Pltfs' Responses Def's Interrogatories, # 13 Exhibit Ex 9 Def's Responses to Pltfs' Interrogatories, # 14 Exhibit Ex 10 USMS Policy Directive 99-25, # 15 Exhibit Ex 11 IMF Protestor Lock Up List, # 16 Exhibit Ex 12 Morgan v Barry consent decree)(Cunningham, Lynn) (Entered: 10/06/2008)	RECAP
73	Oct. 7, 2008	Unopposed MOTION for Extension of Time to File Dispositive Motion by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/07/2008)	RECAP
74	Oct. 9, 2008	MOTION for Judgment on the Pleadings Or, In The Alternative, MOTION for Summary Judgment by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/09/2008)	RECAP
75	Oct. 14, 2008	NOTICE Of Filing by TODD WALTHER DILLARD re 74 MOTION for Judgment on the Pleadings Or, In The Alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit A (King Decl.), # 2 Exhibit B (Dillard Decl.), # 3 Exhibit C (Anti-Capitalist Convergence), # 4 Exhibit D (Anti-Capitalist Convergence), # 5 Exhibit E (Operation Safe Courts), # 6 Exhibit F (Blackpowder-msg), # 7 Exhibit G (Operation Safe Courts))(Nebeker, William) (Entered: 10/14/2008)	RECAP
76	Dec. 10, 2008	Unopposed MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment on Liability, 74 MOTION for Judgment on the Pleadings Or, In The Alternative MOTION for Summary Judgment by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/10/2008)	RECAP
77	Dec. 10, 2008	Memorandum in opposition to re 74 MOTION for Judgment on the Pleadings Or, In The Alternative MOTION for Summary Judgment filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Cunningham, Lynn) (Entered: 12/10/2008)	RECAP
78	Dec. 15, 2008	Memorandum in opposition to re 72 MOTION for Summary Judgment on Liability filed by TODD WALTHER DILLARD. (Attachments: # 1 Affidavit Foley Declaration, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 12/15/2008)	RECAP
79	Jan. 9, 2009	Consent MOTION to Continue by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER (Attachments: # 1 Text of Proposed Order)(Cunningham, Lynn) (Entered: 01/09/2009)	RECAP
80	Jan. 27, 2009	REPLY to opposition to motion re 74 MOTION for Judgment on the Pleadings Or, In The Alternative MOTION for Summary Judgment filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 01/27/2009)	RECAP
81	Jan. 27, 2009	REPLY to opposition to motion re 72 MOTION for Summary Judgment on Liability filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Statement of Facts Plaintiff Responses to SOF)(Cunningham, Lynn) (Entered: 01/27/2009)	RECAP
82	Feb. 3, 2009	MOTION for Leave to File Sur-Reply by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/03/2009)	RECAP
83	Feb. 6, 2009	ENTERED IN ERROR.....Memorandum in opposition to re 82 MOTION for Leave to File Sur-Reply filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order Page one of proposed order, # 2 Text of Proposed Order Page two of proposed order)(Cunningham, Lynn) Modified on 2/9/2009 (tg, ). (Entered: 02/06/2009)	RECAP
84	Feb. 9, 2009	Memorandum in opposition to re 82 MOTION for Leave to File Sur-Reply As Amended filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Text of Proposed Order First page, # 2 Text of Proposed Order Second page)(Cunningham, Lynn) (Entered: 02/09/2009)	RECAP
85	Feb. 17, 2009	REPLY to opposition to motion re 72 MOTION for Summary Judgment on Liability, 82 MOTION for Leave to File Sur-Reply And Proposed Sur-Reply filed by TODD WALTHER DILLARD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Nebeker, William) (Entered: 02/17/2009)	RECAP
86	March 26, 2009	NOTICE OF SUPPLEMENTAL AUTHORITY by TODD WALTHER DILLARD (Nebeker, William) (Entered: 03/26/2009)	RECAP
87	June 25, 2009	ORDER. On or before July 24, 2009, the parties shall each file a supplemental brief, no more than ten pages in length, limited only to how the Supreme Court's decision in Safford Unified School District # 1 v. Redding affects the pending cross motions for summary judgment in this case, if at all. Signed by Judge Rosemary M. Collyer on 6/25/09. (lcrmc2) (Entered: 06/25/2009)	RECAP
88	July 24, 2009	ENTERED IN ERROR.....RESPONSE TO ORDER OF THE COURT re 87 Order, filed by TODD WALTHER DILLARD. (Meriweather, Robin) Modified on 7/27/2009 (rdj). (Entered: 07/24/2009)	RECAP
89	July 24, 2009	RESPONSE TO ORDER OF THE COURT re 87 Order, filed by NICOLAS CHURCH, JOHN JOEL DUNCAN, PAUL BAME, GREGORY KELTNER, IVAN WELANDER. (Attachments: # 1 Exhibit Powell v Barrett en banc remand order)(Cunningham, Lynn) (Entered: 07/24/2009)	RECAP
90	July 27, 2009	RESPONSE TO ORDER OF THE COURT re 87 Order, filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 07/27/2009)	RECAP
91	Aug. 25, 2009	MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 8/25/09. (lcrmc2) (Entered: 08/25/2009)	RECAP
92	Aug. 25, 2009	ORDER denying 72 Plaintiffs' Motion for Summary Judgment; denying 74 Defendant's Motion for Judgment on the Pleadings; denying 74 Defendant's Motion for Summary Judgment. Signed by Judge Rosemary M. Collyer on 8/25/09. (lcrmc2) (Entered: 08/25/2009)	RECAP
93	Sept. 24, 2009	NOTICE OF APPEAL as to 92 Order on Motion for Summary Judgment, Order on Motion for Judgment on the Pleadings, by TODD WALTHER DILLARD. Fee Status: No Fee Paid. Parties have been notified. (Nebeker, William) (Entered: 09/24/2009)	RECAP
94	Oct. 28, 2009	TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on May 7, 2009; Page Numbers: 1-72. Date of Issuance:7/7/09. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number Crystal Pilgrim, Court Reporter Email Address : crystal_pilgrim@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 11/18/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/26/2010.(Pilgrim, Crystal) (Entered: 10/28/2009)	RECAP
95	July 13, 2011	MANDATE of USCA (certified copy) as to 93 Notice of Appeal filed by TODD WALTHER DILLARD ; ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby reversed and the case is remanded. USCA Case Number 09-5330. (mmh) (Entered: 07/13/2011)	RECAP
96	Dec. 28, 2011	ORDER granting summary judgment in favor of Defendant pursuant to judgment of the Circuit. Signed by Judge Rosemary M. Collyer on 12/28/2011. (KD) (Entered: 12/28/2011)	RECAP
97	Jan. 17, 2012	BILL OF COSTS by JOHN F. CLARK, STEVE CONBOY, TODD WALTHER DILLARD, GEORGE B. WALSH. (Nebeker, William) (Entered: 01/17/2012)	RECAP
98	July 11, 2012	BILL OF COSTS AS TAXED by the Clerk in favor of defendants in the amount of $2,369.40 against plaintiffs (gt, ) (Entered: 07/11/2012)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: Sept. 15, 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All men arrested on 9/27/02 by DC police during mass protests in downtown DC, subjected by US Marshals to a strip, visual, body cavity seach without reasonable suspicion of contraband. Excludes men arrested at Pershing Park on 9/27/02.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

United States Marshal's Service

Defendant Type(s):

Corrections

Facility Type(s):