Case: Cazenave v. Foti

2:00-cv-01246 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 25, 2000

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On April 25, 2000, three named plaintiffs in Louisiana and Kentucky filed this class action lawsuit under 42 U.S.C. § 1983 in the United States District Court the Eastern District of Louisiana. Represented by private council, they sued the Orlean's Parish Criminal Sheriff's Office (OPCSO), challenging the strip and visual body cavity search policy of the Orleans Parish Jail in Louisiana. The plaintiffs, who were arrested for minor offenses, alleged that they were strip searched pursuant to a b…

On April 25, 2000, three named plaintiffs in Louisiana and Kentucky filed this class action lawsuit under 42 U.S.C. § 1983 in the United States District Court the Eastern District of Louisiana. Represented by private council, they sued the Orlean's Parish Criminal Sheriff's Office (OPCSO), challenging the strip and visual body cavity search policy of the Orleans Parish Jail in Louisiana. The plaintiffs, who were arrested for minor offenses, alleged that they were strip searched pursuant to a blanket policy of OPCSO. The policy required all pretrial detainees entering the jail to be strip searched, even if the police lacked reasonable suspicion to believe the detainees were concealing weapons or contraband. The plaintiffs alleged that the policy violated the Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the U.S. Constitution and sought monetary damages, injunctive relief, and attorneys' fees. The plaintiffs moved for class certification on the injunctive and damages claims.

The parties consented to Magistrate Judge Alma Chasez hearing the case.

Initial discovery proceeded and, on January 14, 2002, the District Court (Judge Chasez) entered a Consent Decree agreed upon by the parties as to the injunctive claims. Under the Decree, the Sheriff agreed to end the challenged blanket strip search policy and issued a new policy, which allowed for the strip search of new arrestees charged with minor offenses only when reasonable suspicion existed to believe the arrestee possessed weapons or contraband. Prior to initiating the strip search under the new policy, deputies were required to fill out an agreed-upon form (Arrestee Strip Search Log) and obtain a supervisor's approval. An injunctive class of people arrested for minor offenses and detained pending the posting of bond who were strip-searched in facilities operated by OPCSO was certified pursuant to the Consent Decree. A Supplemental Consent Decree was entered on May 16, 2002, under which the Sheriff agreed to install "changing booths" for men and women so that they could change their clothes in privacy when ordered to do so.

The decree stated that monitoring would proceed for one year following the implementation of the agreement.

Litigation of the case continued on the damage claims. Per the agreement of the parties, Magistrate Judge Chasez certified the case as a class action for people arrested only on minor offenses, confined in any facility of OPCSO and required to submit to the strip searches prior to his or her first court appearance resulting in exposure of the arrestee’s genital area, anus, buttocks, and/or breasts. The certification was for liability purposes only and granted on January 3, 2003. While trial preparation continued, the parties began settlement discussions, which continued in an on-again/off-again fashion for years until a proposed Settlement Agreement was reached. Under the Agreement, the Sheriff agreed to pay $9.375 million, plus interest earned since June 2, 2004, to settle all class damage claims. The settlement class members included every person arrested only on "minor offenses" who entered the Intake and Processing Center operated by the Sheriff and who fit into one of 3 subclasses:

Sub-Class A: Those subjected to strip and visual body cavity searches in the presence of deputies and/or other prisoners from April 25, 1999 through February 14, 2002.

Sub-Class B: Those subjected to strip searches when being ordered to change into jail clothes in the presence of deputies and/or other prisoners from February 15, 2002 through May 31, 2002.

Sub-Class C: Those subjected to strip searches when ordered to take off jail garments, in the presence of deputies and/or other prisoners, while being admitted to Templeman III from the Intake Center from June 1, 2002 through May 31, 2003.

Payments to individual class members would be calculated on a point system: 3 points for Sub-Class A, 1 point for Sub-Class B, and 1.5 points for Sub-Class C. Class representatives received incentive awards ranging from $5,000 to $20,000, based on their involvement and participation. Class counsel were to request an award of attorneys' fees in the amount of 35% of the settlement fund, plus expenses.

Judge Chasez preliminarily approved the settlement on January 11, 2007 and held a fairness hearing on September 13, 2007. The final judgment approving the settlement was filed on July 17, 2008.

Over the next several years, the parties worked together to distribute the funds to the class. By 2017, there was still unclaimed money remaining in the fund, and the parties moved to have it deposited in the Court's Registry as a Cy Pres Fund, to later be used for the next best purpose. The court approved the motion on July 31, 2017 and ordered the remaining settlement funds to be put in custody of the Orleans Parish Sheriff to be disbursed upon further order of the court. The court also ordered appointed claims administrators to prepare a final report documenting the state of all unclaimed property funds made to authorized claimants by July 17, 2017.

On February 6, 2018, $2,793.28 was transferred to the Center for Educational Excellence in Alternative Settings (CEEAS) to be used to support enrichment classes through the Travis Hill School at the Orleans Justice Center.

After the settlement money was disbursed, an unrepresented individual class member displeased with the settlement appealed to the U.S. Court of Appeals for the Fifth Circuit on April 5, 2018. On June 22, 2018, Judge Clement, Elrod and Higginson dismissed the appeal because it was filed too late. The case is now closed.

Summary Authors

Dan Dalton (2/29/2008)

Katherine Reineck (2/14/2016)

Averyn Lee (4/11/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4833566/parties/cazenave-v-foti/


Judge(s)

Chasez, Alma L. (Louisiana)

Clement, Edith Brown (Louisiana)

Elrod, Jennifer Walker (Texas)

Higginson, Stephen Andrew (Louisiana)

North, Michael B. (Louisiana)

Sear, Morey Leonard (Louisiana)

Attorneys(s) for Plaintiff

Allweiss, Michael Richard (Louisiana)

Dalton, Samuel S. (Louisiana)

Howell, Mary E. (Louisiana)

Norris, Christina R. Logsdon (Kentucky)

Judge(s)

Chasez, Alma L. (Louisiana)

Clement, Edith Brown (Louisiana)

Elrod, Jennifer Walker (Texas)

Higginson, Stephen Andrew (Louisiana)

North, Michael B. (Louisiana)

Sear, Morey Leonard (Louisiana)

Attorneys(s) for Plaintiff

Allweiss, Michael Richard (Louisiana)

Dalton, Samuel S. (Louisiana)

Howell, Mary E. (Louisiana)

Norris, Christina R. Logsdon (Kentucky)

Snead, Deborah Majeda (Louisiana)

Attorneys(s) for Defendant

Hassinger, Lambert Joseph Jr. (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Seago, John Emory (Louisiana)

Usry, Thomas Allen (Louisiana)

Weeks, John F. II (Louisiana)

Documents in the Clearinghouse

Document

2:00-cv-01246

Docket [PACER]

Cazenave, et al v. Foti, et al

June 22, 2018

June 22, 2018

Docket
54

2:00-cv-01246

Consent Decree for Injunctive and Declaratory Relief Only

Jan. 14, 2002

Jan. 14, 2002

Settlement Agreement
62

2:00-cv-01246

Supplemental Consent Decree Regarding "Change Out" Procedure

Cazenave, et al v. Foti, et al

May 17, 2002

May 17, 2002

Settlement Agreement
71

2:00-cv-01246

Judgment [Certifying Class]

Jan. 3, 2003

Jan. 3, 2003

Order/Opinion

2:00-cv-01246

Joint Memorandum in Support of Joint Motion for Preliminary Approval of Class Action Settlement Agreement

Dec. 21, 2006

Dec. 21, 2006

Pleading / Motion / Brief
154

2:00-cv-01246

Proposed [Granted 1/11/07] Order of Preliminary Approval of Class Action Settlement Agreement

Jan. 11, 2007

Jan. 11, 2007

Order/Opinion

Proof of Claim and Release Form

No Court

Jan. 16, 2007

Jan. 16, 2007

Other

2:00-cv-01246

Class Action Notice

Jan. 16, 2007

Jan. 16, 2007

Correspondence
156

2:00-cv-01246

Class Action Settlement Agreement Presented to the Court for Preliminary Approval

Jan. 16, 2007

Jan. 16, 2007

Settlement Agreement
183

2:00-cv-01246

Final Judgment Pursuant to Rule 54(B) Approving Class Action Settlement and Award of Common-Benefit Fees and Expenses

July 10, 2008

July 10, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4833566/cazenave-v-foti/

Last updated Aug. 1, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 7 summons(es) issued ) (daf) (Entered: 04/25/2000)

April 25, 2000

April 25, 2000

Payment of fee by plaintiff Greta Cazenave, plaintiff Janet Densmore, plaintiff Jeff Brite, plaintiff William Brice White III in amount of $ 150.00 (daf) (Entered: 04/25/2000)

April 25, 2000

April 25, 2000

Automatic Referral (Utility Event) to Magistrate Alma Chasez (nn) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

3

Motion by plaintiff Janet Densmore and ORDER dropping her as a pla and class representative & preserving her right to proceed in CA 00−1268 by Judge Morey L. Sear (nn) (Entered: 05/18/2000)

May 9, 2000

May 9, 2000

2

PLAINTIFFS' AMENDED complaint [1−1]; no new parties added (nn) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

4

Motion by defendant Charles C Foti Jr, defendant Barbara Acomb, defendant William Short, defendant Joseph Howard, defendant John LaCour, defendant Gary Bordelon, defendant Rudy Belisle and ORDER extending time until 7/28/00 to answer plas' original complaint by Judge Morey L. Sear Date Signed: 5/31/00 (nn) (Entered: 06/01/2000)

May 30, 2000

May 30, 2000

5

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III to certify class action referred to Magistrate Alma Chasez to be heard before Magistrate Judge Chasez at 11:00 8/9/00 (ck) (Entered: 07/25/2000)

July 25, 2000

July 25, 2000

6

MINUTE ENTRY (6/27/00): Oral argument on plas' mtn for class certification will be conducted on 8/9/00 at 11:00 am in chambers by Magistrate Alma Chasez (gw) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

7

MINUTE ENTRY (7/27/00): Status Conf is scheduled for 8/18/00 at 4:00 pm ; The hrg on plas' motion to certify class action [5−1] scheduled for 8/9/00 at 11:00 am is cont, same to be re−set at the status conf by Magistrate Alma Chasez (gw) (Entered: 07/28/2000)

July 28, 2000

July 28, 2000

8

MINUTE ENTRY (7/26/00): consolidating case 2:00−cv−1246 MINUTE ENTRY (7/26/00): consolidating case 2:00−cv−1246 with member case 2:00−cv−2106; The clerk is to establish a with member case 2:00−cv−2106; The clerk is to establish a master file and docket sheet. All entries are made on master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Morey L. Sear on the individual docket sheet. by Judge Morey L. Sear (gw) (Entered: 07/28/2000)

July 28, 2000

July 28, 2000

9

ANSWER by defendant Charles C Foti Jr, defendant Barbara Acomb, defendant William Short, defendant Joseph Howard, defendant John LaCour, defendant Gary Bordelon, defendant Rudy Belisle to amended complaint by plaintiff Greta Cazenave, plaintiff Jeff Brite , plaintiff William Brice White III in 2:00−cv−01246 [2−1] (nn) (Entered: 07/31/2000)

July 28, 2000

July 28, 2000

10

MINUTE ENTRY ( 8/18/00 ) Status conference held on plas' mtn for class certification ; Disc on the issue of class certification shall be completed by 10/2/00; Dft's opp due 10/16/00; Amendments to plas' mtn and/or a reply to dft's opp due 10/27/00; dft's suppl reply to plas' pleadings due 11/6/00; Plas' motion to certify class action [5−1] shall go forward on 11/8/00 at 11:00 am by Magistrate Alma Chasez (REF: all cases) (gw) Modified on 08/23/2000 (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

11

MINUTE ENTRY ( 8/23/00 ) ; Preliminary Conference is set 2:00 9/26/00 before the mag by Magistrate Alma Chasez (REF: Both Cases) (nn) Modified on 08/25/2000 (Entered: 08/25/2000)

Aug. 25, 2000

Aug. 25, 2000

12

Consent to trial and Order referring case to Magistrate Alma Chasez pursuant to 28 USC 636(c) by Judge Sear Date Signed: 8/28/00 (REF: Both Cases) (nn) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

14

MINUTE ENTRY ( 8/30/00 ) Re−setting hrg on dfts' motion to extend time to respond to plas' disc req & for an expedited hearing [13−1] at 2:00 8/31/00 via telephone by Magistrate Alma Chasez (REF: Both Cases) (nn) Modified on 09/01/2000 (Entered: 09/01/2000)

Sept. 1, 2000

Sept. 1, 2000

15

MINUTE ENTRY ( 8/30/00 ) Dft Charles C Foti Jr et al's motion to extend time to respond to plas' disc req & for an expedited hearing [13−1] is granted as stated in the doc by Magistrate Alma Chasez (REF: both cases) (gw) Modified on 09/06/2000 (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

16

Motion by plaintiffs and ORDER granting an expedited hearing set 10/4/00 at 11am WITH ORAL ARGUMENT on their mtn for contempt & sanctions by Magistrate Alma Chasez (REF: Both Cases) (nn) (Entered: 09/28/2000)

Sept. 26, 2000

Sept. 26, 2000

19

Motion by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III and ORDER for appearance of Christina Ricard Norris as addl counsel of rec for same by Magistrate Alma Chasez Date Signed: 9/27/00 (REF: Both Cases) (nn) (Entered: 10/02/2000)

Sept. 26, 2000

Sept. 26, 2000

17

MOTION by plas for contempt and sanctions referred to Magistrate Alma Chasez to be heard before mag at 11:00 10/4/00 WITH ORAL ARGUMENT (REF: Both Cases) (nn) Modified on 09/28/2000 (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

18

MINUTE ENTRY ( 9/26/00): Preliminary Conference held; amendments due within 30 days ; pretrial conf set 10:00 7/27/01 & jury trial set 8:30 8/6/01 before the mag by Magistrate Alma Chasez (REF: Both Cases) (nn) (Entered: 09/29/2000)

Sept. 27, 2000

Sept. 27, 2000

20

Memo in opposition by dfts Charles C Foti Jr, Barbara Acomb, William Short, Joseph Howard, John LaCour, Gary Bordelon, Rudy Belisle to motion for contempt and sanctions [17−1] filed by plas (Ref: Both cases) (sw) (Entered: 10/04/2000)

Oct. 3, 2000

Oct. 3, 2000

21

MINUTE ENTRY ( 10/4/00 ) Hrg on plas' motion for contempt and sanctions [17−1] − Plas' req for prod of docs & interrogs are granted as stated in the doc; The foregoing is to be accomplished w/in one week for purposes of the upcoming class certification hrg; Plas are to file a witness list by 10/11/00 with dfts to file theirs the following day by Magistrate Alma Chasez (REF: both cases) (gw) (Entered: 10/06/2000)

Oct. 6, 2000

Oct. 6, 2000

22

Witness list submitted by plaintiffs (REF: Both Cases) (nn) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

25

Motion by plaintiffs and ORDER allowing them to amend their witness list by Magistrate Alma Chasez Date Signed: 10/17/00 (REF: Both Cases) (nn) (Entered: 10/18/2000)

Oct. 13, 2000

Oct. 13, 2000

24

Motion by defendants and ORDER extending time until 10/18/00 to file their memo in opp to class certification by Magistrate Alma Chasez Date Signed: 10/17/00 (REF: Both Cases) (nn) Modified on 10/18/2000 (Entered: 10/18/2000)

Oct. 16, 2000

Oct. 16, 2000

23

Witness list submitted by defendant Charles C Foti Jr, defendant Barbara Acomb, defendant William Short, defendant Joseph Howard, defendant John LaCour, defendant Gary Bordelon, defendant Rudy Belisle (Ref: Both cases) (sw) (Entered: 10/18/2000)

Oct. 17, 2000

Oct. 17, 2000

26

Amended Witness list submitted by plaintiffs (REF: Both Cases) (nn) (Entered: 10/18/2000)

Oct. 18, 2000

Oct. 18, 2000

27

MINUTE ENTRY ( 10/25/00 ) A status conf was held this date; a further Status Conf is set 2:00 12/5/00 before the mag; hearing date established on plas' motion to certify class action [5−1] is vacated and a new date will be established at next conf by Magistrate Alma Chasez (REF: Both Cases) (nn) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

30

Motion by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III and ORDER for appearance of Samuel S. Dalton as their addl counsel of rec by Magistrate Judge Alma Chasez Date Signed: 12/5/00 (REF: Both CASES) (nn) (Entered: 12/07/2000)

Dec. 5, 2000

Dec. 5, 2000

29

MINUTE ENTRY ( 12/5/00 ) Status Conf was held this date; on or before 12/12/00, Mr. Usry is to report to the court and opposing counsel, in writing, as to whether the proffered policy is acceptable to the Sheriff and will be implemented; the parties advised that they are in complete disagreement as to whether a class can be certified on the issue of damages; plas' memo on certification is due 1/19/01; dft's memo on certification is due 2/21/01; plas' reply is due 3/19/01; there will be a mtn hearing on the issue of certification of a class on the damage issue on 3/21/01 at 11:00 before the mag WITH ORAL ARGUMENT by Magistrate Judge Alma Chasez (REF: Both Cases) (nn) Modified on 12/07/2000 (Entered: 12/07/2000)

Dec. 6, 2000

Dec. 6, 2000

31

Supplemental Memorandum by plaintiffs in support of [5−1] their motion to certify class action (REF: Both Cases) (nn) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

32

Memo in opposition by defendants to motion to certify class action [5−1] filed by plaintiffs (REF: Both Cases) (nn) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

33

MINUTE ENTRY ( 2/23/01 ) Re−setting hrg on plas' motion to certify class action [5−1] at 11:00 3/21/01 WITH ORAL ARGUMENT before the mag by Magistrate Judge Alma Chasez (REF: Both Cases) (nn) Modified on 03/02/2001 (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

34

Reply by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III to defendants' opposition to their motion to certify class action [5−1] (REF: BOTH CASES) (tbl) (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

35

MINUTE ENTRY ( 3/20/01 ) Re−setting hrg on plas' motion to certify class action [5−1] at 11:00 3/20/01 before the mag by Magistrate Judge Alma Chasez (REF: Both Cases) (nn) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

36

Joint Stipulation for purposes of class certification only (REF: Both Cases) (nn) (Entered: 03/23/2001)

March 23, 2001

March 23, 2001

37

MINUTE ENTRY ( 4/4/01 ) Hrg on plas' mtn for class certification was held this date − supplemental briefs are due 4/13/01; proposed findings of fact/conclusions of law are due 5/25/01. The mtn will be taken under advisement at that time by Magistrate Judge Alma Chasez (REF: Both Cases) (nn) (Entered: 04/06/2001)

April 6, 2001

April 6, 2001

38

Suppl memo by plaintiffs Greta Cazenave, et al in support of their motion to certify class action [5−1] (Ref 00−1246) (ijg) (Entered: 04/16/2001)

April 16, 2001

April 16, 2001

39

Suppl memo by dfts Charles C Foti Jr, et al in opposition to plas' [5−1] motion to certify class action (Ref both cases) (ijg) (Entered: 04/16/2001)

April 16, 2001

April 16, 2001

40

Motion by defendant Charles C Foti Jr and ORDER that the date by which both plas & dft are to submit their proposed findings & conclusions of law in connection with plas' pending mtn for class certification is extended until 6/8/01 by Magistrate Judge Alma Chasez Date Signed: 5/16/01 (REF: both cases) (gw) (Entered: 05/16/2001)

May 15, 2001

May 15, 2001

41

Motion by plaintiffs and ORDER that expedited hearing on plaintiffs' motion for leave of court to propound additional discovery be heard on 5/31/01 at 4:00 with oral argument by Magistrate Judge Alma Chasez Date Signed: 05/23/01 (ref: 00−1246, 00−2106) (dw) Modified on 05/24/2001 (Entered: 05/24/2001)

May 18, 2001

May 18, 2001

42

MOTION by plaintiffs for leave of court to propound additional discovery prior to submission of issue of class certification for final ruling referred to Magistrate Judge Alma Chasez to be heard at 4:00 5/31/01 with oral argument (ref: 00−1246, 00−2106) (dw) Modified on 05/24/2001 (Entered: 05/24/2001)

May 24, 2001

May 24, 2001

46

Motion by Elizabeth Ann Boatman and ORDER severing CA 00−2106 from CA 00−1246 by Magistrate Judge Alma Chasez Date Signed: 6/4/01 (nn) (Entered: 06/18/2001)

June 1, 2001

June 1, 2001

44

MINUTE ENTRY ( 5/31/01 ) Hrg on plas' motion for leave of court to propound additional discovery prior to submission of issue of class certification for final ruling [42−1] − dfts are to ans interrogatory Nos 1 & 2 by 6/15/01; the hrg on plas' mtn will be reconvened at 3:00 6/22/01; the court also intends to resolve the injunction issue at that time unless the parties are able to do so in the interim. The deadline for submission of Proposed Findings of Fact & Conclusions of Law is suspended pending the outcome of plas' mtn by Magistrate Judge Alma Chasez (REF: Both Cases) (nn) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

45

MINUTE ENTRY (6/4/01) a status conference is scheduled before the Magistrate at 11:00 6/15/01 for the purpose of selecting a trial date in the recently−severed Boatman case by Magistrate Judge Alma Chasez (ref: 00−1246, 00−2106) (dw) Modified on 06/07/2001 (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

47

NOTICE by defendants of change of address by attorney Lambert J Hassinger (ijg) (Entered: 06/25/2001)

June 21, 2001

June 21, 2001

48

MINUTE ENTRY (9/13/01) a status conference is scheduled before Magistrate Judge at 2:30 10/1/01 by Magistrate Judge Alma Chasez (dw) (Entered: 09/14/2001)

Sept. 13, 2001

Sept. 13, 2001

49

MINUTE ENTRY ( 9/24/01 ) Status Conf is RESET 2:30 10/23/01 before the mag by Magistrate Judge Alma Chasez (nn) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

50

MINUTE ENTRY ( 10/23/01 ) Status Conf was held this date; a further Status Conf is set 11:00 11/13/01 before the mag by Magistrate Judge Alma Chasez (nn) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

51

MINUTE ENTRY ( 11/5/01 ) Status Conf scheduled for 11/13/01 is RESCHEDULED for 11:00 11/19/01 by Magistrate Judge Alma Chasez (dw) (Entered: 11/06/2001)

Nov. 6, 2001

Nov. 6, 2001

52

MINUTE ENTRY ( 11/16/01 ) ; Status Conf is RESET 11:00 12/3/01 before the mag by Magistrate Judge Alma Chasez (nn) (Entered: 11/21/2001)

Nov. 21, 2001

Nov. 21, 2001

53

MINUTE ENTRY (12/3/01) Status Conf held 12/3/01 ; parties are to submit a copy of a consent decree to Magistrate Judge by 12/17/01 for entry as a judgment by the Court by Magistrate Judge Alma Chasez (dw) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

54

Joint Consent Decree for Injunctive & Declaratory Relief by Magistrate Judge Alma Chasez Date Signed: 1/11/02 (nn) (Entered: 01/15/2002)

Jan. 14, 2002

Jan. 14, 2002

55

MINUTE ENTRY ( 2/6/02 ) ; Status Conf is set 11:00 2/28/02 before the mag by Magistrate Judge Alma Chasez (nn) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

56

Motion by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III and ORDER extending the time assigned for the atty fee matter to be submitted to this court until 3/14/02 by Magistrate Judge Alma Chasez Date Signed: 2/25/02 (nn) (Entered: 02/26/2002)

Feb. 22, 2002

Feb. 22, 2002

57

MINUTE ENTRY ( 2/28/02 ) Status Conf was conducted on 2/28/02 re violation of consent decree; As no resolution of this issue could be reached during the conf, the Court advised counsel for pla to file a specific mtn which frames this issue at which time the Court will pick the matter up for hrg by Magistrate Judge Alma Chasez (gw) (Entered: 03/05/2002)

March 5, 2002

March 5, 2002

58

Motion by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III and ORDER extending time until 3/25/02 to resolve atty fee matter by Magistrate Judge Alma Chasez Date Signed: 3/25/02 (nn) (Entered: 03/26/2002)

March 14, 2002

March 14, 2002

59

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III for enforcement of consent decree & entry of cease & desist order regarding change−out/blanket−mass strip search procedure & req for envidentiary hrg referred to Magistrate Judge Alma Chasez to be heard before mag at 11:00 5/15/02 (nn) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

60

MINUTE ENTRY ( 4/25/02 ) ORAL ARGUMENT will be held on plas' motion for enforcement of consent decree & entry of cease & desist order regarding change−out/blanket−mass strip search procedure & req for envidentiary hrg [59−1] at 11:00 5/15/02 before the mag by Magistrate Judge Alma Chasez (nn) (Entered: 04/30/2002)

April 30, 2002

April 30, 2002

61

MINUTE ENTRY ( 5/15/02 ) [59−1] Hrg on plas' motion for enforcement of consent decree & entry of cease & desist order regarding change−out/blanket−mass strip search procedure − unless a consent decree on the "change−out" issue is submitted to the Court before 5pm CST on 5/17/02 an envidentiary hrg will be set on the matter by Magistrate Judge Alma Chasez (nn) (Entered: 05/20/2002)

May 17, 2002

May 17, 2002

62

Joint Supplemental Consent Decree regarding "Change−Out" Procedure by Magistrate Judge Alma Chasez Date Signed: 5/16/02 (nn) (Entered: 05/20/2002)

May 17, 2002

May 17, 2002

63

ORDER: Case reassigned to Judge Helen G. Berrigan by Judge Helen G. Berrigan (jd) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

64

MINUTE ENTRY ( 7/30/02 ) Ptys are to advise the courtroom deputy w/in 10 days of entry of this order, whether ptys wish for Judge Berrigan to retain this case as set out in doc. by Judge Helen G. Berrigan (dno) (Entered: 07/31/2002)

July 30, 2002

July 30, 2002

65

MOTION by plas Greta Cazenave, Jeff Brite & William Brice White III for class certification so as to certify classes under FRCP 23(c)(4) for liability purposes only referred to Magistrate Judge Alma Chasez for hrg at 11:00 8/28/02 (dno) (Entered: 08/06/2002)

Aug. 5, 2002

Aug. 5, 2002

66

MINUTE ENTRY ( 8/6/02 ) Oral argument on plas' mtn for class certification will be conducted on 8/28/02 at 11:00am bfr Mag Chasez. by Magistrate Judge Alma Chasez (dno) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

67

MINUTE ENTRY ( 8/21/02 ) ORDERED that plas Greta Cazenave, Jeff Brite & William Brice White III's motion for class certification so as to certify classes under FRCP 23(c)(4) for liability purposes only [65−1] set for 8/28/02 is cont to 9/18/02 at 11:00am. by Magistrate Judge Alma Chasez (dno) (Entered: 08/23/2002)

Aug. 22, 2002

Aug. 22, 2002

68

MINUTE ENTRY ( 8/27/02 ) Considering the disclosure made by the court pursuant to 28:455(a) & (e) and that all parties have not agreed to proceed before this court, it is ORDERED that this Case be reassigned to Judge Jay C. Zainey by Judge Helen G. Berrigan (dg) Modified on 08/30/2002 (Entered: 08/29/2002)

Aug. 28, 2002

Aug. 28, 2002

69

Memo in opposition by defendant Charles C Foti Jr to motion for class certification so as to certify classes under FRCP 23(c)(4) for liability purposes only [65−1] filed by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III (dw) (Entered: 09/09/2002)

Sept. 9, 2002

Sept. 9, 2002

70

MINUTE ENTRY ( 9/19/02 ) regarding plas' [65−1] motion for class certification so as to certify classes under FRCP 23(c)(4) for liability purposes only; ORDERED that the parties have agreed, for liability purposes only, to the certification of 2 classes of individuals defined as stated herein; by 9/30/02, the parties are to agree upon the precise language to define those 2 classes or are to notify the Court of their inability to do so; a status conf will be held at 4:30 10/2/02 by Magistrate Judge Alma Chasez (dw) (Entered: 09/19/2002)

Sept. 19, 2002

Sept. 19, 2002

71

JUDGMENT: pursuant to the provisions of Rule 23 FRCP, certifying a class of individuals, for liability purposes only, as set forth in document by Magistrate Judge Alma Chasez Date signed: 1/2/03 (dw) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

72

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III to extend monitoring period and to extend time to file request for attorneys fees and costs related to monitoring ; referred to Magistrate Judge Alma Chasez; to be heard before Mag Judge Chasez at 11:00 2/5/03 (vld) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

73

MINUTE ENTRY ( 1/21/03 ) Oral argument on plas' motion to extend monitoring period and to extend time to file request for attorneys fees and costs related to monitoring [72−1] will be conducted at 11:00 2/5/03 by Magistrate Judge Alma Chasez (dw) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

74

MINUTE ENTRY ( 1/23/03 ): plas' motion to extend monitoring period and to extend time to file request for attorneys fees and costs related to monitoring [72−1] is GRANTED until 3/1/03; by Magistrate Judge Alma Chasez (vld) (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

75

MINUTE ENTRY (1/28/03) a status conference is scheduled before Magistrate Judge at 3:00 2/25/03 by Magistrate Judge Alma Chasez (dw) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

76

MINUTE ENTRY ( 2/25/03 ) Status Conf held 2/25/03 ; this conf was convened to establish a protocol for proceeding with the remaining portions of this case; case management order due by 4/15/03 by Magistrate Judge Alma Chasez (dw) (Entered: 02/27/2003)

Feb. 27, 2003

Feb. 27, 2003

77

Joint Stipulation of Findings of Fact Regarding Sub−Class A by plaintiffs, defendants (ca) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

78

Joint proposed case management plan by plaintiffs, defendants (ca) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

79

MINUTE ENTRY (04/23/03) ORDER that a status conference is scheduled before Magistrate Judge at 2:00 5/15/03 in chambers by Magistrate Judge Alma Chasez (ca) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

80

MINUTE ENTRY ( 5/15/03 ) A Status Conf was conducted on this date ; As to the issue of liability, a sum jgm pertaining to the claims of those individuals in subclass A shall be filed by pla on or bfr 6/6/03 to respond; Dft shall then have until 7/7/03 to respond; As to the issue of liability, a sum jgm pertaining to the claims of those individuals in subclass B shall be filed by pla on or bfr 7/7/03; Dft shall then have until 8/11/03 to respond; Pla shall file a mtn for ntc to class members on or bfr 7/7/03 & dft shall respond thereto on or bfr 8/11/03; There will be oral argument on the above three mtns bfr the undersigned on 8/27/03 at 2:00 pm by Magistrate Judge Alma Chasez (gw) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

81

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III for summary judgment on the issue of liability on behalf of Sub−Class A − (a/k/a The "Kelly Class") referred to Magistrate Judge Alma Chasez to be heard before Mag at 11:00 8/27/03 (gw) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

82

MINUTE ENTRY ( 6/9/03 ) Oral argument on plas' motion for summary judgment on the issue of liability on behalf of Sub−Class A − (a/k/a The "Kelly Class") [81−1] will be conducted on 8/27/03 at 2:00 pm by Magistrate Judge Alma Chasez (gw) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

83

Motion by pla Greta Cazenave, pla Jeff Brite, pla William Brice White III and ORDER that plas' filing of the Req for Ntc to Class be ext from 7/7/03 until 7/14/03 by Magistrate Judge Alma Chasez Date Signed: 6/19/03 (ca) (Entered: 06/20/2003)

June 18, 2003

June 18, 2003

84

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III for contempt sanctions agst dfts Charles C Foti Jr & Gary Bordelon for violation of this Court's Consent Decrees entered on 1/15/02 & 5/20/02 referred to Magistrate Judge Alma Chasez to be heard before Mag at 11:00 8/27/03 (gw) Modified on 09/23/2003 (Entered: 06/27/2003)

June 26, 2003

June 26, 2003

86

Motion by plaintiffs Greta Cazenave, Jeff Brite & William Brice White III and ORDER that the monitoring period is extended until 1/1/04 with the corresponding ext for filing of plas' submission of attys fees & costs incurring in the monitoring process, pursuant to the decree of 1/15/02; FURTHER ORDERED that, in addition to reports on 5 females per month currently being provided, that the dfts are to furnish plas with monthly reports identifying pertinent booking & contact info for 20 randomly selected male members of plas' class, who, subsequent to changing to OPCSO supplied garments, are transferred to Templeman III, prior to posting bail or making their first court appearance by Magistrate Judge Alma Chasez Date Signed: 6/26/03 (gw) (Entered: 07/01/2003)

June 26, 2003

June 26, 2003

87

MINUTE ENTRY ( 7/1/03 ) Oral argument on plas' motion for contempt sanctions agst dfts Charles C Foti Jr & Gary Bordelon for violation of this Court's Consent Decrees entered on & 5/20/02 [84−1] will be conducted on 8/27/03 at 2:00 pm by Magistrate Judge Alma Chasez (gw) (Entered: 07/02/2003)

July 2, 2003

July 2, 2003

88

Memo in opposition by defendants Charles C Foti Jr, Barbara Acomb, William Short, Joseph Howard, John LaCour, Gary Bordelon, Rudy Belisle to motion for summary judgment on the issue of liability on behalf of Sub−Class A (a/k/a The "Kelly Class") [81−1] filed by plaintiffs Greta Cazenave, Jeff Brite & William Brice White III (gw) (Entered: 07/07/2003)

July 7, 2003

July 7, 2003

89

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III for evidentiary hearing referred to Magistrate Judge Alma Chasez to be heard before Mag at 11:00 7/30/03 (gw) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

90

MINUTE ENTRY (07/10/03) setting plas' motion for evidentiary hearing [89−1] at 11:00 7/30/03 w/oral argument by Magistrate Judge Alma Chasez (dmg) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

91

MOTION by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III for ntc to class members referred to Magistrate Judge Alma Chasez to be heard before Mag at 2:00 8/27/03 (gw) Modified on 07/17/2003 (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

92

MINUTE ENTRY ( 7/15/03 ) Oral argument on plas' mtn for ntc to class members will be conducted on 8/27/03 at 2:00 pm by Magistrate Judge Alma Chasez (gw) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

93

MINUTE ENTRY ( 7/30/03 ) Hrg on plas' motion for evidentiary hearing [89−1]; ORDERED granted, an evidentiary hearing is scheduled for 8/27/03 at 1:30; By 5:00 pm today, the Sheriff's counsel is to advise plas' counsel whether the depos of Chief Geerken & Captain Bordelon can be taken on 8/1/03 by Magistrate Judge Alma Chasez (gw) (Entered: 07/31/2003)

July 30, 2003

July 30, 2003

94

Memo in opposition by dfts Charles C Foti Jr, Barbara Acomb, William Short, Joseph Howard, John LaCour, Gary Bordelon, Rudy Belisle to motion for ntc to class members [91−1] filed by plas Greta Cazenave, Jeff Brite, William Brice White III (gw) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

95

Memo in opposition by dfts Barbara Acomb, William Short, Joseph Howard, John LaCour, Gary Bordelon, Rudy Belisle to motion for partial summary judgment on the issue of liability on behalf of Sub−Class B pursuant to FRCP 56(a) [85−1] filed by plas Greta Cazenave, Jeff Brite, William Brice White III (gw) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

96

Reply memo by plas Greta Cazenave, Jeff Brite, William Brice White III to dfts' memo in opp to plas' motion for summary judgment on the issue of liability on behalf of Sub−Class A − (a/k/a The "Kelly Class") [81−1] (gw) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

97

MINUTE ENTRY ( 8/21/03 ) A status conference was conducted on this date ; Counsel are to advise the Court in writing by 8/27/03 whether the hrg date of the mtns for sum jgm & the contempt mtn may be moved to a different date & time; The Court discussed several avenues of proceeding with this case which might enable the ptys to better discuss settlement by Magistrate Judge Alma Chasez (gw) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

98

MINUTE ENTRY ( 9/5/03 ) A status conf was conducted on this date ; A resolution of the mtn for contempt has been arrived at by the ptys & the Court concurs with this resolution; The terms of same are found in a ltr dated 9/5/03 which the Court annexes hereto; The ptys also presented the Court with a stipulated amendment to the class definition & with a joint stip of findings of fact regarding sub−class C; These are also annexed hereto; There will be a further conf with the ptys to discuss the issue of settlement on 10/8/03 at 2:00 pm by Magistrate Judge Alma Chasez (gw) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

100

MOTION by plas Greta Cazenave, Jeff Brite, William Brice White III for contempt sanctions agst dft Charles C. Foti Jr. for violation of this Court's order of 9/5/93 referred to Magistrate Judge Alma Chasez to be heard before Mag at 11:00 12/3/03 (gw) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

101

MINUTE ENTRY ( 11/13/03 ) A status conference was conducted on this date ; Counsel are to research the issue of whether a damage class can be certified which contains a non−opt out provision; There will be a further status conf with the ptys on 11/26/03 at 1:00 pm ; Plas' mtn for contempt will also be heard on this date (Rec. Doc. 100) by Magistrate Judge Alma Chasez (gw) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

102

Motion by plaintiff Greta Cazenave, plaintiff Jeff Brite, plaintiff William Brice White III and ORDER that Lionel Nelson, George Wurz, Anthony Pogorzelski, Kendra Spencer, Tony Buchen & Sylvia Brown, are named as plas' class representatives herein, by Magistrate Judge Alma Chasez Date Signed: 11/26/03 (sek) (Entered: 11/28/2003)

Nov. 24, 2003

Nov. 24, 2003

103

MINUTE ENTRY (11/26/03) A Status Conf was held 1:00 11/26/03 ; on or bfr 12/31/03, dft is to amend its mtn re the appropriateness of class certification in this matter to urge that a damage class should not be certified or, alter, that any damage class which might be certified be a non−opt out class; on or bfr 2/2/04, pla is to respond to the mtn filed by defense counsel; should dft which to respond to pla's opposition, any such pleading shall be filed w/the Court on or bfr 2/17/04; ORAL ARGUMENT on these motions shall go forward on 3/1/04 at 2:00, by Magistrate Judge Alma Chasez (sek) (Entered: 11/28/2003)

Nov. 26, 2003

Nov. 26, 2003

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 25, 2000

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Every person arrested on a 'minor offense' and confined in the Orleans Parish Criminal Sheriff's Office starting 04/25/1999 who, before his/her first court appearance, was made to expose his/her privates in the presence of deputies or other detainees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orlean's Parish Criminal Sheriff's Office (Orleans), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 140,000

Order Duration: 2002 - 2003

Content of Injunction:

Monitoring

Issues

General:

Search policies

Strip search policy

Type of Facility:

Government-run