Case: Delandro v. County of Allegheny

2:06-cv-00927 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 13, 2006

Clearinghouse coding complete

Case Summary

On July 13, 2006, two individuals, individually and on behalf of others similarly situated, filed a 42 U.S.C. § 1983 class action lawsuit against Defendants Allegheny County in the U.S. District Court for the Western District of Pennsylvania, challenging the Allegheny County Bureau of Corrections' policy and practice of strip-searching all individuals entering Allegheny County Jail (ACJ) who were placed in jail clothing, regardless of their criminal charge and without reasonable suspicion to be…

On July 13, 2006, two individuals, individually and on behalf of others similarly situated, filed a 42 U.S.C. § 1983 class action lawsuit against Defendants Allegheny County in the U.S. District Court for the Western District of Pennsylvania, challenging the Allegheny County Bureau of Corrections' policy and practice of strip-searching all individuals entering Allegheny County Jail (ACJ) who were placed in jail clothing, regardless of their criminal charge and without reasonable suspicion to believe they were concealing a weapon or contraband. Plaintiffs, through private counsel, filed their complaint on behalf of themselves and a purported class of thousands of others who were strip searched at ACJ after having been charged with minor criminal offenses.

Plaintiffs sought compensatory and punitive damages for themselves and all class members, as well as a declaratory judgment that Allegheny County's former policy and practice on strip searches was unconstitutional. Defendants answered the plaintiffs' complaint by requesting that the court either dismiss the case or grant the defendants summary judgment. The case was assigned to District Judge Terrence F. McVerry, who referred it to Magistrate Judge Robert C. Mitchell. Magistrate Mitchell recommended that the defendants' motion to dismiss be denied. District Judge McVerry adopted the recommendation and denied Defendants' motion to dismiss. Delandro v. County of Allegheny, 2007 WL 81061 (W.D.Pa. Jan 08, 2007).

On November 30, 2007, the plaintiffs moved for a preliminary injunction and class certification. In their motion for a preliminary injunction, the plaintiffs sought to enjoin the defendants from illegally strip-searching all pretrial detainees entering custody at ACJ in the absence of individualized reasonable suspicion. And in an Order dated March 18, 2008, the Court granted the plaintiffs' motion for a preliminary injunction.

Upon the completion of discovery, the plaintiffs filed a motion for partial summary judgment on the issue of the constitutionality of the strip-search policy. The defendants responded to the plaintiffs' motion and filed their own motion for summary judgment, arguing in part that the search policy was justified by ACJ's need for security and safety. Defendants further sought summary judgment for those claims directed at the individually named defendants brought in their official capacity. On December 2, 2009, the Court granted the plaintiffs' partial motion for summary judgment of liability as to the County, and granted the defendants' motion for summary judgment as to the individual defendants. Following that order, the parties engaged in settlement negotiations, which ultimately resulted in a settlement agreement.

The settlement agreement recognized that the County had changed its policy to stop strip-searching all pretrial detainees on a blanket basis and to stop strip-searching misdemeanor detainees in the absence of reasonable suspicion of a weapon or contraband. The settlement agreement required all correction officers to have access to the policy and be trained on proper search policy. The settlement agreement also created a fund of three million dollars ($3,000,000.00) to compensate class members, and dictated that $18,000.00 will be requested for each of the two (2) class representatives. The Settlement Agreement provides that each class member who submits a timely claim form will be granted a pro rata share of the settlement fund in an amount not to exceed $3,000.00 per class member. Any undistributed funds will be donated to Neighborhood Legal Services Association of Allegheny County, PA.

Summary Authors

Caitlin Howitt (8/11/2011)

Daniel Fryer (2/15/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4810230/parties/delandro-v-the-county-of-allegheny/


Judge(s)

Fisher, D. Michael (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Mitchell, Robert C. (Pennsylvania)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Cuneo, Jonathan W. (District of Columbia)

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)

Judge(s)

Fisher, D. Michael (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Mitchell, Robert C. (Pennsylvania)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Cuneo, Jonathan W. (District of Columbia)

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)

Rihn, D. Aaron (Pennsylvania)

Warren, Alexandra C. (District of Columbia)

Weeber, Scott C (Pennsylvania)

Attorneys(s) for Defendant

Gabriel, J. Deron (Pennsylvania)

Maravich, Craig E. (Pennsylvania)

Wojcik, Michael H. (Pennsylvania)

Zacharia, Carl B. (Pennsylvania)

Documents in the Clearinghouse

Document

2:06-cv-00927

Docket

Delandro v. The County of Allegheny

March 29, 2013

March 29, 2013

Docket
1499-1

2:06-cv-00927

Complaint in Class Action

Rey v. The County of Allegheny

July 13, 2006

July 13, 2006

Complaint
7

2:06-cv-00927

First Amended Class Action Complaint

Delandro v. The County of Allegheny

Oct. 3, 2006

Oct. 3, 2006

Complaint
20

2:06-cv-00927

Order Adopting Report and Recommendation [Regarding Defendants' Motion to Dismiss]

Delandro v. The County of Allegheny

2007 WL 81061, 2007 U.S.Dist.LEXIS 798

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion
60

2:06-cv-00927

Second Amended Class Action Complaint

Delandro v. The County of Allegheny

Nov. 8, 2007

Nov. 8, 2007

Pleading / Motion / Brief
125

2:06-cv-00927

Order of Court [Partially Granting Plaintiffs' Motion for Summary Judgment]

Delandro v. The County of Allegheny

2009 WL 4723206

Dec. 2, 2009

Dec. 2, 2009

Order/Opinion
151

2:06-cv-00927

Notice of Settlement and Settlement Agreement

Sept. 10, 2010

Sept. 10, 2010

Settlement Agreement
169

2:06-cv-00927

Memorandum Opinion and Order Granting Final Approval of Class Action Settlement and Judgment

Delandro v. The County of Allegheny

2011 WL 2039099

May 24, 2011

May 24, 2011

Order/Opinion

12-02854

Order

U. S. Court of Appeals for the Third Circuit

Feb. 22, 2013

Feb. 22, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4810230/delandro-v-the-county-of-allegheny/

Last updated Aug. 10, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
15

REPORT AND RECOMMENDATION: recommending that 8 MOTION to Dismiss the Amended Complaint or for Summary Judgment filed by THE COUNTY OF ALLEGHENY, GREGORY E. GROGAN, EDWARD D. URBAN, RAMON C. RUSTIN, WILLIAM L. EMERICK and LANCE E. BOHN, treated as a MOTION to Dismiss, be denied. Objections to R&R due by 12/26/2006. Signed by Magistrate Judge Robert C. Mitchell on 12/7/2006. (mlb) Modified on 12/8/2006 to correct typo (ksa).

Dec. 7, 2006

Dec. 7, 2006

RECAP
20

ORDER adopting Report and Recommendations re 15 Report and Recommendations denying 8 Motion to Dismiss. Signed by Judge Terrence F. McVerry on 1/8/2007. (kll)

Jan. 8, 2007

Jan. 8, 2007

RECAP
118

REPORT AND RECOMMENDATION: recommending that plaintiffs' 107 Motion for Partial Summary Judgment on liability be granted as to the County of Allegheny and denied in all other respects, and that defendants' 111 Motion for Summary Judgment be granted as to defendants Ramon Rustin, Edward Urban, Gregory Grogan, Lance Bohn and William Emerick and denied in all other respects. Objections to R&R due by 9/18/2009. Signed by Magistrate Judge Robert C. Mitchell on 9/1/2009. (mlb)

Sept. 1, 2009

Sept. 1, 2009

RECAP
125

ORDER granting in part and denying in part 107 Plaintiffs' Motion for Partial Summary Judgment on Liability; granting in part and denying in part 111 Defendants' Motion for Summary Judgment and adopting Report and Recommendation re [118 ] Report and Recommendation. Plaintiffs shall file their pretrial statement on or before January 4, 2010 and Defendant shall file its pretrial statement on or before February 4, 2010. The Court will immediately thereafter schedule a pretrial conference and a trial date. Signed by Judge Terrence F. McVerry on 12/2/2009. (kly)

Dec. 2, 2009

Dec. 2, 2009

RECAP
148

ORDER granting 147 Joint Motion to Strike and Remove Erroneously Filed 146 Report of Mediation. Signed by Judge Terrence F. McVerry on 3/30/2010. (cdb)

March 30, 2010

March 30, 2010

RECAP
169

MEMORANDUM OPINION AND ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT. Signed by Judge Terrence F. McVerry on 5/24/2011. (cdb)

May 24, 2011

May 24, 2011

RECAP
197

MEMORANDUM ORDER re 190 Notice of Appeal and Application to Proceed in District Court without Prepaying Fees or Costs filed by THOMAS D. CROCK. The request to proceed in forma pauperis is denied with prejudice. Signed by Judge Terrence F. McVerry on 7/6/2012. (cdb)

July 6, 2012

July 6, 2012

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: July 13, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Allegheny (Allegheny), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

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

Amount Defendant Pays: $3,000,000.00

Content of Injunction:

Preliminary relief granted

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run