Case: Bame v. Clark

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

Filed Date: Sept. 15, 2005

Closed Date: 2011

Clearinghouse coding complete

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 un…

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)

Related Cases

Johnson v. District of Columbia, District of Columbia (2002)

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)

Ginsburg, Douglas Howard (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Cunningham, Lynn E. (Wyoming)

Wolfe, Zachary J. (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Nebeker, William Mark (District of Columbia)

Wainstein, Kenneth L. (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)

Attorneys(s) for Plaintiff

Cunningham, Lynn E. (Wyoming)

Wolfe, Zachary J. (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Nebeker, William Mark (District of Columbia)

Wainstein, Kenneth L. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 11, 2007 Docket
1

Class Action Complaint for Compensatory and Punitive Damages

Sept. 15, 2005 Complaint
8

First Amended Class Action Complaint

Bame, et al. v. Clark, et al.

Oct. 28, 2005 Complaint
18-1

Plaintiffs' Motion for Class Certification

Feb. 8, 2006 Pleading / Motion / Brief
30-1

Motion to Dismiss or, In The Alternative, for Summary Judgment

April 19, 2006 Pleading / Motion / Brief
31-1

Plaintiffs' Reply Memorandum In Support of Motion for Class Certification

April 21, 2006 Pleading / Motion / Brief
45

Order [Re: Motion to Dismiss]

466 F.Supp.2d 105

Dec. 11, 2006 Order/Opinion

Order [Re: Motion to Dismiss]

Bame v. Dillard

U. S. Court of Appeals for the District of Columbia Circuit

2007 WL 1760490, 2007 U.S.App.LEXIS 13929

June 11, 2007 Order/Opinion
63

Memorandum Opinion [Granting Motion for Class Certification]

2008 WL 2168393

May 22, 2008 Order/Opinion
91

Memorandum Opinion [Denying Motions for Summary Judgment]

647 F.Supp.2d 43

Aug. 25, 2009 Order/Opinion

Docket

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

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

ECF Number Description Date Link
1

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)

Sept. 15, 2005 RECAP
2

NOTICE OF RELATED CASE by PAUL BAME, GREGORY KELTNER, IVAN WELANDER. Case related to Case No. 02-2010. (td, ) (Entered: 09/16/2005)

Sept. 15, 2005 RECAP
3

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)

Oct. 3, 2005 RECAP
4

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)

Oct. 13, 2005 RECAP
5

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)

Oct. 13, 2005 RECAP
6

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)

Oct. 13, 2005 RECAP
7

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)

Oct. 28, 2005 RECAP
8

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)

Oct. 28, 2005 RECAP
9

NOTICE of Voluntary Dismissal re George B.Walsh (Cunningham, Lynn) (Entered: 11/02/2005)

Nov. 2, 2005 RECAP
10

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)

Nov. 15, 2005 RECAP
11

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

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Nov. 28, 2005 RECAP
12

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)

Nov. 29, 2005 RECAP
13

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

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Dec. 12, 2005 RECAP
14

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

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Jan. 18, 2006 RECAP
15

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*

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Jan. 27, 2006 RECAP
16

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)

Feb. 2, 2006 RECAP
17

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)

Feb. 2, 2006 RECAP
18

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

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2 Text of Proposed Order

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3 Exhibit Ex 2 Cunningham AFF

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4 Exhibit Ex 3 Cunningham Resume

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5 Exhibit Ex 4 Wolfe Aff

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6 Exhibit Ex 5 Wolfe Resume

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Feb. 8, 2006 RECAP
19

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

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Feb. 21, 2006 RECAP
20

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

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March 9, 2006 RECAP
21

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

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March 10, 2006 RECAP
22

MEET AND CONFER STATEMENT. (Cunningham, Lynn) (Entered: 03/15/2006)

March 15, 2006 RECAP
23

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

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March 20, 2006 RECAP
24

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

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March 30, 2006 RECAP
25

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

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2 Exhibit opposition

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3 Exhibit proposed order for opposition

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April 4, 2006 RECAP
26

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)

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2 Exhibit A (pages 45-88)

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3 Exhibit B

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April 5, 2006 RECAP
27

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

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April 7, 2006 RECAP
28

MOTION for Extension of Time to File Dispositive Motion by JOHN F. CLARK, TODD WALTHER DILLARD, STEVE CONBOY. (Nebeker, William) (Entered: 04/17/2006)

April 17, 2006 RECAP
29

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

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April 17, 2006 RECAP
30

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

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2 Exhibit B

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3 Text of Proposed Order

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April 19, 2006 RECAP
31

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

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2 Declaration of Welander p1 Ex 7

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3 Exhibit Johnson v DC consent motion Ex 8

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4 Exhibit Barham v Ramsey Complaint Ex 9

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5 Exhibit Bame Notice to Return to Ct. Ex 10

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6 Exhibit Morgan v Barry Decree Ex 11

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April 21, 2006 RECAP
32

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

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April 27, 2006 RECAP
33

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

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May 16, 2006 RECAP
34

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

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2 Exhibit Exhibit 12

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3 Exhibit Exhibit 13

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June 2, 2006 RECAP
35

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

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2 Affidavit Affirmation of counsel in support of motion

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3 Exhibit Exhibit of proposed discovery requests

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June 2, 2006 RECAP
36

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)

June 2, 2006 PACER
37

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

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June 15, 2006 RECAP
38

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)

June 26, 2006 RECAP
39

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)

July 18, 2006 RECAP
40

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)

July 21, 2006 RECAP
41

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)

July 21, 2006 RECAP
42

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

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July 25, 2006 RECAP
43

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)

Aug. 4, 2006 RECAP
44

MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 12/11/2006. (ses) (Entered: 12/11/2006)

Dec. 11, 2006 RECAP
45

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)

Dec. 11, 2006 RECAP
46

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)

Jan. 9, 2007 RECAP
47

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)

June 11, 2007 RECAP
48

MEET AND CONFER STATEMENT. (Cunningham, Lynn) (Entered: 07/24/2007)

July 24, 2007 RECAP
49

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]

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July 25, 2007 RECAP
50

SCHEDULING ORDER. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 8/6/2007. (lcrmc2) (Entered: 08/06/2007)

Aug. 6, 2007 RECAP
51

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

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Sept. 20, 2007 RECAP
52

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

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Oct. 4, 2007 RECAP
53

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

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Oct. 5, 2007 RECAP
54

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)

Oct. 9, 2007 RECAP
55

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

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Jan. 22, 2008 RECAP
56

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)

March 28, 2008 RECAP
57

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)

March 28, 2008 RECAP
58

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)

April 8, 2008 RECAP
59

LARGE ADDITIONAL ATTACHMENT(S) by TODD WALTHER DILLARD 58 Supplemental Memorandum filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 04/08/2008)

April 8, 2008 RECAP
60

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)

April 11, 2008 RECAP
61

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)

April 11, 2008 RECAP
62

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

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2 Exhibit Defendant's Responses to Plaintiffs' Interrogatories

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April 21, 2008 RECAP
63

MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 5/22/08. (lcrmc2) (Entered: 05/22/2008)

May 22, 2008 RECAP
64

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)

May 22, 2008 RECAP
65

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

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2 Text of Proposed Order

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June 19, 2008 RECAP
66

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

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June 24, 2008 RECAP
67

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)

June 24, 2008 RECAP
68

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

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June 30, 2008 RECAP
69

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)

June 30, 2008 RECAP
70

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)

July 17, 2008 RECAP
71

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)

Sept. 30, 2008 PACER
72

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)

Oct. 6, 2008 PACER
73

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)

Oct. 7, 2008 PACER
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: 10/09/2008)

Oct. 9, 2008 PACER
75

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)

Oct. 14, 2008 PACER
76

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)

Dec. 10, 2008 PACER
77

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)

Dec. 10, 2008 PACER
78

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)

Dec. 15, 2008 PACER
79

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)

Jan. 9, 2009 PACER
80

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)

Jan. 27, 2009 PACER
81

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)

Jan. 27, 2009 PACER
82

MOTION for Leave to File Sur-Reply by TODD WALTHER DILLARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
83

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)

Feb. 6, 2009 PACER
84

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)

Feb. 9, 2009 PACER
85

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)

Feb. 17, 2009 PACER
86

NOTICE OF SUPPLEMENTAL AUTHORITY by TODD WALTHER DILLARD (Nebeker, William) (Entered: 03/26/2009)

March 26, 2009 PACER
87

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)

June 25, 2009 PACER
88

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)

July 24, 2009 PACER
89

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)

July 24, 2009 PACER
90

RESPONSE TO ORDER OF THE COURT re 87 Order, filed by TODD WALTHER DILLARD. (Nebeker, William) (Entered: 07/27/2009)

July 27, 2009 PACER
91

MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 8/25/09. (lcrmc2) (Entered: 08/25/2009)

Aug. 25, 2009 RECAP
92

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)

Aug. 25, 2009 PACER
93

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)

Sept. 24, 2009 PACER
94

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)

Oct. 28, 2009 PACER
95

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)

July 13, 2011 PACER
96

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)

Dec. 28, 2011 RECAP
97

BILL OF COSTS by JOHN F. CLARK, STEVE CONBOY, TODD WALTHER DILLARD, GEORGE B. WALSH. (Nebeker, William) (Entered: 01/17/2012)

Jan. 17, 2012 RECAP
98

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)

July 11, 2012 PACER

State / Territory: District of Columbia

Case Type(s):

Jail Conditions

Special Collection(s):

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

United States Marshal's Service (Washington), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run