Case: Butler v. Santa Cruz County

5:07-cv-00941 | U.S. District Court for the Northern District of California

Filed Date: Feb. 12, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On February 12, 2007, an arrestee, represented by private attorney Mark E. Merin, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of California in order to challenge the County Sheriff's policies and practices concerning the use of strip and visual body cavity searches in Santa Cruz County Jail. Plaintiff, who was arrested on outstanding warrants for vehicle code violations, alleged that officers routinely subjected detainees in their custody …

On February 12, 2007, an arrestee, represented by private attorney Mark E. Merin, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of California in order to challenge the County Sheriff's policies and practices concerning the use of strip and visual body cavity searches in Santa Cruz County Jail. Plaintiff, who was arrested on outstanding warrants for vehicle code violations, alleged that officers routinely subjected detainees in their custody to strip and visual body cavity searches before they were arraigned and without having any reasonable suspicion that the detainees possessed contraband or weapons. He alleged that such practices violated the Fourth and Fifth Amendments to the U.S. Constitution as well as California state law. To remedy the alleged violations, Plaintiff sought declaratory and injunctive relief, monetary damages, and class certification.

On July 2, 2008, the parties filed a settlement agreement. Under the terms of the settlement, the defendants agree to pay $3,875,000 in damages to a class of parties who had been wrongfully strip-searched by the defendants. Members of the plaintiff class would receive $1,250 if they had been wrongfully searched when booked for a misdemeanor, and they would receive $750 if they had been wrongfully searched when booked for a felony. They would receive an additional $500 if they were under 21 or over 60, had a physical or mental disability, or were pregnant at the time of the search. The settlement also covered attorneys fees and administrative costs of the settlement.

On January 28, 2009, the district court (Judge Jeremy Fogel) issued a final approval of the settlement and dismissed the case.

Summary Authors

Kristen Sagar (2/25/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5794690/parties/butler-v-santa-cruz-county/


Judge(s)

Fogel, Jeremy D. (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Heath, Jason M (California)

Hill, Julia (California)

McRae, Dana (California)

Judge(s)

Fogel, Jeremy D. (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Heath, Jason M (California)

Hill, Julia (California)

McRae, Dana (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 28, 2009 Docket
1-1

Class Action Complaint

Feb. 14, 2007 Complaint
4

Answer

March 9, 2007 Pleading / Motion / Brief
27-3

Stipulation of Settlement

July 2, 2008 Settlement Agreement
39

Order Granting Motion for Final Approval of Settlement; and Granting Motion for Approval ofStiulated Attorneys Fees and Costs

Jan. 28, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5794690/butler-v-santa-cruz-county/

Last updated May 20, 2022, 1:02 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT (summons issued); jury demand;against Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies ( Filing fee $ 350, receipt number 34611002987.). Filed by Dennis Butler. (cv, COURT STAFF) (Filed on 2/14/2007) Modified on 2/22/2007 (bw, COURT STAFF). Additional attachment(s) added on 2/22/2007 (bw, COURT STAFF). (Entered: 02/16/2007)

Feb. 14, 2007
12

ORDER Rescheduling Case Management Conference; now scheduled for July 6, 2007 at 10.30 a.m. Signed by Judge Jeremy Fogel on 05/24/2007. (jflc1, COURT STAFF) (Filed on 5/24/2007)

May 24, 2007 RECAP
19

ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 18 Stipulation filed by Dennis Butler Further Case Management Conference set for 12/14/2007 10:30 AM. Signed by Judge Jeremy Fogel on 10/24/07. (jfsec, COURT STAFF) (Filed on 10/24/2007)

Oct. 24, 2007 RECAP

Summons Issued as to Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)

Feb. 14, 2007
2

ADR SCHEDULING ORDER: Case Management Statement due by 5/16/2007. Case Management Conference set for 5/23/2007 02:30 PM.. Signed by Judge Richard Seeborg on 2/14/07. (Attachments: # 1 Standing Order)(cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)

Feb. 14, 2007
23

ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 22 Stipulation filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins Further Case Management Conference set for 6/6/2008 10:30 AM. Signed by Judge Jeremy Fogel on 4/1/08. (jfsec, COURT STAFF) (Filed on 4/1/2008)

April 1, 2008 RECAP

CASE DESIGNATED for Electronic Filing. (cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)

Feb. 14, 2007
26

ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 25 Stipulation filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins Initial Case Management Conference set for 8/15/2008 10:30 AM. Signed by Judge Jeremy Fogel on 6/16/08. (jfsec, COURT STAFF) (Filed on 6/16/2008)

June 16, 2008 RECAP
3

SUMMONS Returned Executed by Dennis Butler. Santa Cruz County served on 2/23/2007, answer due 3/15/2007; Santa Cruz County Sheriff Steve Robbins served on 2/23/2007, answer due 3/15/2007. (Merin, Mark) (Filed on 2/27/2007) (Entered: 02/27/2007)

Feb. 27, 2007
32

ORDER GRANTING STIPULATED REQUEST TO VACATE CASE MANAGEMENT CONFERENCE re 31 Stipulation filed by Dennis Butler, Santa Cruz County Sheriff Steve Robbins . Signed by Judge Jeremy Fogel on 7/17/08. (jfsec, COURT STAFF) (Filed on 7/17/2008) Modified on 8/20/2008 (dlm, COURT STAFF).

July 17, 2008 RECAP
4

ANSWER to Complaint with JURY DEMAND by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Hill, Julia) (Filed on 3/9/2007) Modified on 3/12/2007 (bw, COURT STAFF). (Entered: 03/09/2007)

March 9, 2007
39

ORDER BY JUDGE JEREMY FOGEL GRANTING 35 MOTION FOR FINAL APPROVAL OF SETTLEMENT; AND GRANTING 33 MOTION FOR APPROVAL OF STIPULATED ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS. (jflc2, COURT STAFF) (Filed on 1/28/2009)

Jan. 28, 2009 RECAP
40

ORDER AND JUDGMENT OF DISMISSAL. Signed by Judge Jeremy Fogel on 1/28/09. (jflc2, COURT STAFF) (Filed on 1/28/2009)

Jan. 28, 2009 RECAP
5

Declination to Proceed Before a U.S. Magistrate Judge by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Hill, Julia) (Filed on 3/9/2007) (Entered: 03/09/2007)

March 9, 2007
42

ORDER RE BUTLER SETTLEMENT CLASS CLAIMS. Signed by Judge Jeremy Fogel on January 19, 2011. (jflc3S, COURT STAFF) (Filed on 1/19/2011)

Jan. 19, 2011 RECAP
6

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 3/13/2007) (Entered: 03/13/2007)

March 13, 2007
7

ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Richard Seeborg remains the Referral Judge. Signed by the Executive Committee on 3/13/07. (srm, COURT STAFF) (Filed on 3/13/2007) (Entered: 03/13/2007)

March 13, 2007
9

ORDER REFERRING CASE to Mediation. [8} Stipulation selecting Mediation as ADR Process Signed by Judge Jeremy Fogel on 5/10/07. (jfsec, COURT STAFF) (Filed on 5/10/2007) Modified on 5/10/2007 (jfsec, COURT STAFF). (Entered: 05/10/2007)

May 10, 2007

Set/Reset Hearings: Case Management Conference set for 5/25/2007 10:30 AM. (jfsec, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)

May 14, 2007
10

JOINT CASE MANAGEMENT STATEMENT filed by Dennis Butler. (Merin, Mark) (Filed on 5/17/2007) (Entered: 05/17/2007)

May 17, 2007
11

STIPULATION Request to Reset Case Management Conference [Proposed] Order by Dennis Butler. (Merin, Mark) (Filed on 5/23/2007) (Entered: 05/23/2007)

May 23, 2007
13

ADR Clerk's Notice Appointing Randall W. Hall as Mediator. (cmf, COURT STAFF) (Filed on 5/29/2007) (Entered: 05/29/2007)

May 29, 2007
14

Minute Entry: Initial Case Management Conference held on 7/6/2007 before Judge Jeremy Fogel (Date Filed: 7/6/2007). Continued to 11/16/2007 at 10:30 a.m. for further case management conference. (Court Reporter Not reported.) (dlm, COURT STAFF) (Date Filed: 7/6/2007) (Entered: 07/09/2007)

July 6, 2007

Set/Reset Hearings: Further Case Management Conference set for 11/16/2007 10:30 AM. (dlm, COURT STAFF) (Filed on 7/6/2007) (Entered: 07/09/2007)

July 6, 2007

Set/Reset Hearings: Mediation Hearing set for 10/24/2007 (pending court approval) at 09:30 AM at the mediator's office located at One Frank Ogawa Plaza, 6th Floor, Oakland, CA. (cmf, COURT STAFF) (Filed on 7/23/2007) (Entered: 07/23/2007)

July 23, 2007
15

NOTICE of Change In Counsel by Jason Michael Heath NOTICE OF CHANGE IN ATTORNEY ASSIGNED TO REPRESENT DEFENDANTS (Heath, Jason) (Filed on 8/23/2007) (Entered: 08/23/2007)

Aug. 23, 2007
16

ADR Clerk's Notice Vacating Appointment of Mediator, Randall W. Hall. (cmf, COURT STAFF) (Filed on 9/20/2007) (Entered: 09/20/2007)

Sept. 20, 2007
17

Letter from Counsel to ADR Case Administrator re: Selection of Private Mediation. (Merin, Mark) (Filed on 9/28/2007) (Entered: 09/28/2007)

Sept. 28, 2007

ADR Remark: Per 17 the parties have agreed to utilize private mediation through a private provider. Mediation is scheduled to commence on 10/30/2007 with Hon. Raul A. Ramirez (Ret.). Additional dates may be scheduled. Case is removed from the Court's mediation program. (cmf, COURT STAFF) (Filed on 9/28/2007) (Entered: 09/28/2007)

Sept. 28, 2007
18

STIPULATION : Stipulated Request to Reset Case Management Conference; [Proposed] Order by Dennis Butler. (Merin, Mark) (Filed on 10/22/2007) (Entered: 10/22/2007)

Oct. 22, 2007
20

JOINT CASE MANAGEMENT STATEMENT filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 12/7/2007) (Entered: 12/07/2007)

Dec. 7, 2007
22

STIPULATION STIPULATED REQUEST TO RESET CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 3/28/2008) (Entered: 03/28/2008)

March 28, 2008
24

CLERK'S NOTICE Case Management Conference rescheduled for 6/20/2008 10:30 AM. (jfsec, COURT STAFF) (Filed on 5/21/2008) (Entered: 05/21/2008)

May 21, 2008
25

STIPULATION STIPULATED REQUEST TO RESET CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 6/11/2008) (Entered: 06/11/2008)

June 11, 2008
27

MOTION for Settlement −Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action filed by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Attachments: # 1 Notice of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Merin, Mark) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008
28

MOTION for Protective Order for Disclosure of Records and Information filed by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Merin, Mark) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008
29

ORDER GRANTING STIPULATED MOTION FOR PRELIMINARY APPROVAL OF PROVISIONAL SETTLEMENT CLASS AND SETTLEMENT OF CLASS ACTION by Judge Jeremy Fogel granting 27 Motion for Settlement (jfsec, COURT STAFF) (Filed on 7/7/2008) (Entered: 07/07/2008)

July 7, 2008
30

PROTECTIVE ORDER by Judge Jeremy Fogel granting 28 Motion for Protective Order (jfsec, COURT STAFF) (Filed on 7/7/2008) (Entered: 07/07/2008)

July 7, 2008

Set/Reset Hearings: Fairness Hearing set for 1/16/2009 09:00 AM. (dlm, COURT STAFF) (Filed on 7/7/2008) (Entered: 08/20/2008)

July 7, 2008
31

STIPULATION STIPULATED REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Dennis Butler, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 7/11/2008) (Entered: 07/11/2008)

July 11, 2008
33

MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed by Dennis Butler. Motion Hearing set for 1/16/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)

Dec. 23, 2008
34

Declaration of Mark E. Merin in Support of 33 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed byDennis Butler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 33 ) (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)

Dec. 23, 2008
36

Proposed Order re 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement Proposed Order and Judgement of Dismissal by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)

Dec. 23, 2008
37

Declaration of Ryanne Cozzi in Support of 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement filed byDennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)

Dec. 23, 2008
38

Minute Entry: Motion Hearing held on 1/16/2009 before Judge Jeremy Fogel (Date Filed: 1/16/2009) re 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement, 33 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs. The Court Approves the Settlement and grants the Motion for Attorney's Fees. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 1/16/2009) (Entered: 01/20/2009)

Jan. 16, 2009
41

Letter from Rita Kramer. (gm, COURT STAFF) (Filed on 1/28/2009) (Entered: 02/04/2009)

Jan. 28, 2009

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Feb. 12, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Those who were subject to unreasonable strip and/or visual body cavity searches by the Defendants at the Santa Cruz County Jail without Defendants having a reasonable suspicion that the searches would be productive of contraband.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Santa Cruz County (Santa Cruz), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run