Case: Boone v. Philadelphia, Pennsylvania

2:05-cv-01851 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 21, 2005

Clearinghouse coding complete

Case Summary

On April 21, 2005, a woman represented by private attorneys from several Philadelphia, New York, and D.C. law firms filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania. She alleged that the City of Philadelphia of had an unconstitutional blanket policy and/or practice of strip searching all pre-trial detainees remanded to the custody of the Philadelphia Prison System, regardless of criminal charge or reasona…

On April 21, 2005, a woman represented by private attorneys from several Philadelphia, New York, and D.C. law firms filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania. She alleged that the City of Philadelphia of had an unconstitutional blanket policy and/or practice of strip searching all pre-trial detainees remanded to the custody of the Philadelphia Prison System, regardless of criminal charge or reasonable suspicion. Plaintiff alleged that the policy required all arrestees to disrobe in front of a corrections officer, who then conducted visual inspection of the genitals and body cavities, using a flashlight to illuminate body cavities. Plaintiff claimed the practice violated the Fourth Amendment and sought declaratory and injunctive relief, compensatory and punitive damages, attorneys' fees, and class certification for the thousands who allegedly suffered the same indignities. The City of Philadelphia, the prison system, and officials responsible for that system, as defendants, answered by generally denying the allegations.

Following discovery, the parties filed cross-motions for partial summary judgment. By order dated June 9, 2006, the District Court (Judge Mary A. McLaughlin) denied the motions, advising the parties that the motions could be refiled after resolution of the issue of class certification.

Plaintiff moved for class certification on February 16, 2007, and for a preliminary injunction on March 23, 2007. Both motions were still pending at the time of this summary. Between the motion filings, on February 23, 2007, plaintiff filed an amended complaint adding a male plaintiff and naming only the City of Philadelphia as the defendant. Discovery proceedings continued and, on July 3, 2007, Judge McLaughlin's unpublished order directed that the matter was set for a settlement conference on July 24, 2007, before Magistrate Judge Elizabeth T. Hey.

On February 20, 2009, the parties entered into a $5.9 million settlement. The agreement established the following two settlement classes:

Subclass I:

All persons in the Settlement Class, EXCEPT for persons who (1) were charged with certain violence, drug and/or weapons (hereinafter "VDW") related misdemeanor charges at the time of their admission, or (2) were charged with bench warrants and/or probation violations where the underlying charge was a VDW misdemeanor charge, or (3) had convictions for felonies and/or VDW misdemeanor charges predating the date of their admission.

Subclass II:

All persons in the Settlement Class who were (1) charged with VDW misdemeanor charges at the time of their admission, or (2) were charged with bench warrants and/or probation violations where the underlying charge was a VDW misdemeanor charge, or (3) had convictions for felonies and/or VDW misdemeanor charges predating the date of their admission.

On November 3, 2009, the court entered a Memorandum and Opinion and a separate Memorandum and Order, granting final approval of the proposed settlement.

Summary Authors

Kristen Sagar (6/16/2009)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4858459/parties/boone-v-city-of-philadelphia/


Judge(s)

Hey, Elizabeth T. (Pennsylvania)

McLaughlin, Mary A. (Pennsylvania)

Attorneys(s) for Plaintiff

Birley, Kevin (Pennsylvania)

Cuneo, Jonathan W. (District of Columbia)

Feldman, Laura (Pennsylvania)

Hayes, Christopher G. (Pennsylvania)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Levin, Daniel C. (Pennsylvania)

Mason, Gary E. (District of Columbia)

Judge(s)

Hey, Elizabeth T. (Pennsylvania)

McLaughlin, Mary A. (Pennsylvania)

Attorneys(s) for Plaintiff

Birley, Kevin (Pennsylvania)

Cuneo, Jonathan W. (District of Columbia)

Feldman, Laura (Pennsylvania)

Hayes, Christopher G. (Pennsylvania)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Levin, Daniel C. (Pennsylvania)

Mason, Gary E. (District of Columbia)

Migliaccio, Nicholas A. (District of Columbia)

Schneider, Charles A. (District of Columbia)

Warren, Alexandra C. (District of Columbia)

Attorneys(s) for Defendant

Diffily, Kelly (Pennsylvania)

Ewing, Eleanor N. (Pennsylvania)

Maguire, Mark (Pennsylvania)

Scott, Jeffrey M. (Pennsylvania)

Sitarski, Lynne A. (Pennsylvania)

Smith, Shelley R. (Pennsylvania)

Straw, Craig M. (Pennsylvania)

Documents in the Clearinghouse

Document

2:05-cv-01851

Docket (PACER)

Boone v. City of Philadelphia, et al

Nov. 3, 2009

Nov. 3, 2009

Docket
1

2:05-cv-01851

Class Action Complaint

Boone v. City of Philadelphia

April 21, 2005

April 21, 2005

Complaint
57

2:05-cv-01851

Memorandum of Law in Support of Plaintiffs' Motion for Class Certification

Boone v. City of Philadelphia, Pennsylvania

Feb. 16, 2007

Feb. 16, 2007

Pleading / Motion / Brief
56

2:05-cv-01851

Plaintiff's Motion for Class Certification

Boone v. City of Philadelphia

Feb. 16, 2007

Feb. 16, 2007

Pleading / Motion / Brief
62

2:05-cv-01851

First Amended Class Action Complaint

Boone v. City of Philadelphia

Feb. 23, 2007

Feb. 23, 2007

Complaint
65

2:05-cv-01851

Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction

Boone v. City of Philadelphia

March 23, 2007

March 23, 2007

Pleading / Motion / Brief

2:05-cv-01851

Settlement Agreement

Boone v. City of Philadelphia

Feb. 19, 2009

Feb. 19, 2009

Settlement Agreement
117-2

2:05-cv-01851

Order Preliminarily Approving Settlement Agreement

Boone v. City of Philadelphia

Feb. 20, 2009

Feb. 20, 2009

Order/Opinion
134

2:05-cv-01851

Order Granting Final Approval of Class Action Settlement and Judgment

Boone v. City of Philadelphia

Nov. 3, 2009

Nov. 3, 2009

Order/Opinion
133

2:05-cv-01851

Memorandum

Boone v. City of Philadelphia

Nov. 3, 2009

Nov. 3, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4858459/boone-v-city-of-philadelphia/

Last updated Aug. 13, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
133

MEMORANDUM AND/OR OPINIONSIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 11/3/09. 11/4/09 ENTERED AND COPIES EMAILED.(rf, )

Nov. 3, 2009

Nov. 3, 2009

RECAP
134

MEMORANDUM AND ORDER THAT MOTION FOR FINAL APPROVAL OF THE PROPOSED SETTLEMENT IS GRANTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 11/3/09. 11/4/09 ENTERED AND COPIES EMAILED.(rf, )

Nov. 3, 2009

Nov. 3, 2009

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have been/will be placed into the custody of the PPS after being charged with minor crimes and were/will be strip searched upon entry into the PPS pursuant to the policy, custom and practice of the PPS and the City of Philadelphia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Philadelphia (Philadelphia), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

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

Private Settlement Agreement

Amount Defendant Pays: 7,000,000

Order Duration: 2009 - 0

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run