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 attorneys, see: https://www.courtlistener.com/docket/4810230/parties/delandro-v-the-county-of-allegheny/


Judge(s)
Attorney for Plaintiff

Barnett, Alexander E. (New York)

Crock, Thomas

Cuneo, Jonathan W. (District of Columbia)

Esq., Nicholas A.

Attorney for Defendant

Esq., Craig E.

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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

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion

2007 WL 81061

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

Dec. 2, 2009

Dec. 2, 2009

Order/Opinion

2009 WL 4723206

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

May 24, 2011

May 24, 2011

Order/Opinion

2011 WL 2039099

12-02854

Order

U.S. Court of Appeals for the Third Circuit

Feb. 22, 2013

Feb. 22, 2013

Order/Opinion

Docket

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

Last updated March 23, 2026, 4:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT in Class Action against THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK ( Filing fee $ 350 receipt number 06-4929), filed by MICHAEL REY. (Attachments: # 1 Civil Cover Sheet # 2 Summons for Allegheny County # 3 Summons for Ramon C. Rustin # 4 Summons for Edward D. Urban # 5 Summons for Gregory E. Grogan # 6 Summons for Lance E. Bohn # 7 Summons for William L. Emerick # 8 Receipt #06-4929 for filing fee)(ksa) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

Summons Issued as to THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (ksa)

July 13, 2006

July 13, 2006

2

ORDER REFERRING CASE to Magistrate Judge Robert C. Mitchell. Signed by Judge Terrence F. McVerry on 7/20/2006. (kll) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

3

MOTION to Dismiss by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Zacharia, Carl) Modified on 9/12/2006 document linkage corrected. Document linked to document 1 . ERROR: MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT. (ksa) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

4

BRIEF in Support re 3 MOTION to Dismiss filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Attachments: # 1 Exhibit)(Zacharia, Carl) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

MOTION for Summary Judgment by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Filed with document 3 ) (ksa)

Sept. 11, 2006

Sept. 11, 2006

5

ORDER Response/Briefing Schedule re 3 Motion to Dismiss or for Summary Judgment. Plaintiff's Response to the Motion is due by 10/2/2006. Signed by Magistrate Judge Robert C. Mitchell on 9/12/2006. (mlb) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

6

MOTION to Amend/Correct Amend Complaint by MICHAEL REY. (Attachments: # 1 Exhibit Amended Complaint# 2 Proposed Order)(Rihn, D.) Modified on 10/3/2006 document linkage corrected. Document linked to document 1 (ksa). (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

7

First AMENDED COMPLAINT in Class Action against all defendants, filed by HARRY DELANDRO, DEBRA MALOY.(Rihn, D.) Modified on 10/4/2006 to correct typo (ksa). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. ORDER granting 6 Motion to Amend Class Action Complaint to Substitute Class Representatives. The Amended Class Action Complaint, attached as Exhibit 1 to said Motion, is to be filed by the Clerk of Court. Signed by Magistrate Judge Robert C. Mitchell on 10/3/2006. (mlb)

Oct. 3, 2006

Oct. 3, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 6 MOTION to Amend/Correct Amend Complaint ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. Attorney Rihn also advised of signature requirements for future reference since motion has already been ruled on. Document does not contain an s/ signature. Attorney Rihn is directed to file an amended complaint containing an s/ signature on the signature line. This message is for informational purposes only. (ksa)

Oct. 3, 2006

Oct. 3, 2006

8

MOTION to Dismiss Amended Complaint by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Attachments: # 1 Proposed Order)(Zacharia, Carl) Modified on 10/23/2006 document linkage corrected. Document linked to document 7 ERROR: MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT (ksa). (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

9

BRIEF in Support re 8 MOTION to Dismiss Amended Complaint filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Attachments: # 1 Exhibit)(Zacharia, Carl) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

MOTION for Summary Judgment by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Filed with document 8 ) (ksa)

Oct. 19, 2006

Oct. 19, 2006

10

ORDER Response/Briefing Schedule re 8 Motion to Dismiss the Amended Complaint or for Summary Judgment. Response to the Motion is due by 11/10/2006. Signed by Magistrate Judge Robert C. Mitchell on 10/20/2006. (mlb) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 8 MOTION to Dismiss Amended Complaint ERROR: Document not linked and Multiple Relief Document filed as one Relief; CORRECTION: Document linked and Motion for Summary Judgment re-filed correctly by Court. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (ksa)

Oct. 23, 2006

Oct. 23, 2006

11

MOTION for attorney Daniel C. Levin to Appear Pro Hac Vice by HARRY DELANDRO. (Attachments: # 1 Exhibit Declaration of Daniel C. Levin in Support of Motion for Admission Pro Hac Vice# 2 Exhibit Certificate of Good Standing for Daniel C. Levine# 3 Proposed Order Motion to Admit Daniel C. Levine Pro Hac Vice)(Rihn, D.) Modified on 11/3/2006 Incorrect document attached at Attachment #2. Attorney Rihn contacted and advised to file an Errata and attach the correct document. Document removed from public view (ksa). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

12

Pro Hac Vice Fees received in the amount $ 40.00 receipt # 0661 re 11 Motion to Appear Pro Hac Vice for Daniel C. Levin. (klm). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 11 MOTION for attorney Daniel C. Levin to Appear Pro Hac Vice ERROR: Incorrect document attached at Attachment #2. CORRECTION: Attorney advised to refile the document, using the Errata event and attach the correct document. This message is for informational purposes only. (ksa)

Nov. 3, 2006

Nov. 3, 2006

13

Errata re 11 MOTION for attorney Daniel C. Levin to Appear Pro Hac Vice by HARRY DELANDRO Reason for Correction: Incorrect Exhibits Attached. (Attachments: # 1 Exhibit Levin's Declaration # 2 Exhibit Levin's Certificate of Good Standing # 3 Proposed Order)(Rihn, D.) Modified on 11/7/2006 to correct typos (ksa). (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

14

RESPONSE to Motion re 8 MOTION to Dismiss Amended Complaint, MOTION for Summary Judgment filed by HARRY DELANDRO, DEBRA MALOY. (Attachments: # 1 Affirmation of Aaron Rihn in Opposition # 2 Appendix Unreported Decisions # 3 Memorandum of Law # 4 Proposed Order)(Rihn, D.) Modified on 11/13/2006 to correct typos (ksa). (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

BRIEF in Opposition re 8 MOTION to Dismiss Amended Complaint, MOTION for Summary Judgment filed by HARRY DELANDRO, DEBRA MALOY. (Filed with document 14 ) (ksa)

Nov. 10, 2006

Nov. 10, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 14 Response to Motion, ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Opposition to Motion to Dismiss Amended Complaint or in the alternative Motion for Summary Judgment. This message is for informational purposes only. (ksa)

Nov. 13, 2006

Nov. 13, 2006

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice. Signed by Judge Terrence F. McVerry on 11/17/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll)

Nov. 17, 2006

Nov. 17, 2006

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
16

MOTION for attorney Alexander E. Barnett to Appear Pro Hac Vice by HARRY DELANDRO. (Attachments: # 1 Exhibit Declaration of Alexander E. Barnett # 2 Exhibit Certificate of Good Standing of Alexander E. Barnett # 3 Proposed Order)(Rihn, D.) Modified on 1/5/2007 to correct typos (ksa). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

17

MOTION for attorney Gary E. Mason to Appear Pro Hac Vice by HARRY DELANDRO. (Attachments: # 1 Exhibit Declaration of Gary Mason # 2 Exhibit Certificate of Good Standing of Gary Mason # 3 Proposed Order)(Rihn, D.) Modified on 1/5/2007 to correct typos (ksa). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

18

MOTION for attorney Alexandra C. Warren to Appear Pro Hac Vice by HARRY DELANDRO. (Attachments: # 1 Exhibit Declaration of Alexandra Warren # 2 Exhibit Certificate of Good Standing of Alexandra Warren # 3 Proposed Order)(Rihn, D.) Modified on 1/5/2007 to correct typos (ksa). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

19

Pro Hac Vice Fees received in the amount $ 120.00 receipt # 1773 re 16 Motion for Alexander Barnett to Appear Pro Hac Vice, 18 Motion for Alexandra Warren to Appear Pro Hac Vice, 17 Motion for Gary E. Mason to Appear Pro Hac Vice (eca) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

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
21

NOTICE of Appearance by Michael H. Wojcik on behalf of THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK (Wojcik, Michael) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 21 Notice of Appearance. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ksa)

Jan. 10, 2007

Jan. 10, 2007

22

Errata re 21 Notice by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK Reason for Correction: signature line. (Wojcik, Michael) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

TEXT ORDER granting 16 Motion to Appear Pro Hac Vice., granting 17 Motion to Appear Pro Hac Vice., granting 18 Motion to Appear Pro Hac Vice. Signed by Judge Terrence F. McVerry on 1/16/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll)

Jan. 16, 2007

Jan. 16, 2007

23

NOTICE of Substitution of Attorney Appearance by J. Deron Gabriel on behalf of THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK Attorney Carl B. Zacharia terminated. (Gabriel, J.) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

24

MOTION for attorney Charles L. Laduca to Appear Pro Hac Vice by HARRY DELANDRO. (Attachments: # 1 Affidavit of Charles Laduca # 2 Exhibit Certificate of Good Standing)(Rihn, D.) Modified on 2/8/2007 to correct typo (ksa). (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

25

Pro Hac Vice Fees received in the amount $40.00, receipt # 2425, re 24 Motion for Charles LaDuca to Appear Pro Hac Vice. (eca) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

26

MOTION for Extension of Time to File Answer by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Attachments: # 1 Proposed Order)(Gabriel, J.) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. ORDER granting 26 Motion for Extension of Time to file Response to Amended Complaint. Defendants' Response to the Amended Complaint is due by 3/30/2007. Signed by Magistrate Judge Robert C. Mitchell on 2/22/2007. (mlb)

Feb. 22, 2007

Feb. 22, 2007

Update Answer Deadline: Answer to Amended Complaint due 3/30/2007 from THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (mlb)

Feb. 22, 2007

Feb. 22, 2007

27

NOTICE by MICHAEL REY, HARRY DELANDRO, DEBRA MALOY of Change of Firm Name and Address for Alexander E. Barnett and Change of Firm Name for Gary E. Mason (Barnett, Alexander) Modified on 3/26/2007 to remove document from public view. Attorney Barnett advised it is his responsibility to maintain his account (ksa). (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

28

ANSWER to Complaint by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK.(Gabriel, J.) Modified on 4/2/2007 to delete jury demand as none is requested in answer (ksa). (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

29

NOTICE of Hearing: Initial Status Conference set for 5/3/2007 at 2:00 PM before Robert C. Mitchell. (mlb) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

30

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by HARRY DELANDRO.(Rihn, D.) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

31

Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell : Status Conference held on 5/3/2007. Class Action discovery ends 8/31/2007. A Status/Scheduling Conference is set for 8/27/2007 at 9:30 a.m. (mlb) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

Update Deadlines: Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Class Action Discovery due by 8/31/2007. A Status/Scheduling Conference is set for 8/27/2007 at 9:30 AM before Robert C. Mitchell. (mlb) Modified on 5/4/2007 to correct typo (ksa).

May 3, 2007

May 3, 2007

32

NOTICE of Substitution of Attorney Appearance by Craig E. Maravich on behalf of THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK Attorney J. Deron Gabriel terminated. (Maravich, Craig) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice for Charles Laduca. Signed by Judge Terrence F. McVerry on 6/13/2007. Text only entry no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll)

June 13, 2007

June 13, 2007

33

MOTION to Compel Defendants' Initial Rule 26(a)(1) Disclosures by HARRY DELANDRO. Motions referred to Robert C. Mitchell. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Proposed Order)(Rihn, D.) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. ORDER granting 33 Motion to Compel Defendants' Initial Rule 26(a)(1) Disclosures. Defendants are to provide plaintiffs with their initial Rule 26(a)(1) disclosures prior to the June 26, 2007 deposition of defendants' Rule 30(b)(6) designee. Signed by Magistrate Judge Robert C. Mitchell on 6/25/2007. (mlb)

June 25, 2007

June 25, 2007

34

NOTICE of Appearance by Elmer R. Keach, III on behalf of HARRY DELANDRO, DEBRA MALOY (Keach, Elmer) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

35

MOTION for attorney Nicholas A. Migliaccio to Appear Pro Hac Vice by HARRY DELANDRO. Motions referred to Robert C. Mitchell. (Attachments: # 1 Exhibit Declaration # 2 Exhibit Certificate of Good Standing # 3 Proposed Order)(Rihn, D.) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

36

Pro Hac Vice Fees received in the amount $ 40 receipt # 5301 re 35 Motion to Appear Pro Hac Vice (ept) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

TEXT ORDER granting 35 Motion to Appear Pro Hac Vice. Signed by Judge Terrence F. McVerry on 8/6/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll)

Aug. 6, 2007

Aug. 6, 2007

37

NOTICE of Appearance by Scott C. Weeber on behalf of HARRY DELANDRO, DEBRA MALOY (Weeber, Scott) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

38

Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell: Status Conference held on 8/27/2007. Class Action discovery is extended to 10/27/2007. A Status Conference is set for 11/19/2007 at 9:30 a.m. Plaintiff's motions and briefs for class certification and a preliminary injunction are due by 11/27/2007. Defendants' responses to the motions are due by 1/15/2008. Reply briefs are due by 1/31/2008. (mlb) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

Update Deadlines: Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Discovery on Class Action due by 10/27/2007. A Status Conference is set for 11/19/2007 at 9:30 AM before Robert C. Mitchell. Motions and Briefs in Support of Class Certification and a Preliminary Injunction are due by 11/27/2007. Briefs in Opposition are due by 1/15/2008. Reply briefs are due by 1/31/2008. (mlb)

Aug. 27, 2007

Aug. 27, 2007

39

MOTION to Compel Discovery Responses by HARRY DELANDRO, DEBRA MALOY. Motions referred to Robert C. Mitchell. (Attachments: # 1 Discovery Dispute Certificate # 2 Proposed Order)(Rihn, D.) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

40

BRIEF in Support re 39 MOTION to Compel Discovery Responses filed by HARRY DELANDRO, DEBRA MALOY. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I)(Rihn, D.) Modified on 9/14/2007 (sjs). (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

TEXT ORDER denying 39 Motion to compel complete responses to plaintiffs' first requests for production of documents No. 4 and No. 8. Signed by Magistrate Judge Robert C. Mitchell on 9/17/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. (mlb)

Sept. 17, 2007

Sept. 17, 2007

41

MOTION for Reconsideration re Text Order of 9/17/2007, by HARRY DELANDRO, DEBRA MALOY. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order)(Rihn, D.) Modified on 9/28/2007 document linkage corrected. Document linked to text order of 9/17/2007 (ksa). (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

42

BRIEF in Support re 41 MOTION for Reconsideration re Text Order of 9/17/2007, filed by HARRY DELANDRO, DEBRA MALOY. (Rihn, D.) Modified on 9/28/2007 to correct docket text (ksa). (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 41 MOTION for Reconsideration re 40 Brief in Support of Motion, MOTION for Reconsideration re 40 Brief in Support of Motion, ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)

Sept. 28, 2007

Sept. 28, 2007

43

ORDER granting 41 Motion for Reconsideration. Defendants will provide a list of all individuals admitted to the jail on summary or misdemeanor offenses since 7/13/2004, as well as their last known contact information, within 20 days of the date of this Order. Signed by Magistrate Judge Robert C. Mitchell on 10/2/2007. (mlb) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

44

MOTION to Compel Depositions by HARRY DELANDRO, DEBRA MALOY. Motions referred to Robert C. Mitchell. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Discovery Dispute Certificate # 8 Proposed Order)(Rihn, D.) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

45

ORDER granting 44 Motion to Compel the Production of Deposition Dates. Signed by Magistrate Judge Robert C. Mitchell on 10/22/2007. (mlb) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

46

RESPONSE TO 43 ORDER OF COURT filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Maravich, Craig) Modified on 10/23/2007 document linkage corrected. Document linked to document 43 (ksa). (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 46 Response To, ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)

Oct. 23, 2007

Oct. 23, 2007

47

MOTION to Compel Discovery by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. Motions referred to Robert C. Mitchell. (Attachments: # 1 Certification and Notice for Filing Pretrial Motions Discovery Dispute # 2 Proposed Order of Court # 3 Exhibit A # 4 Exhibit B # 5 Exhibit C)(Maravich, Craig) Modified on 10/25/2007 to correct typo (ksa). (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

48

MOTION for Reconsideration re 45 Order on Motion to Compel by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order)(Maravich, Craig) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

49

RESPONSE to Motion re 47 MOTION to Compel Discovery, 48 MOTION for Reconsideration re 45 Order on Motion to Compel MOTION for Reconsideration re 45 Order on Motion to Compel filed by HARRY DELANDRO, DEBRA MALOY. (Keach, Elmer) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

50

ORDER granting 48 Motion for Reconsideration of Order dated 10/22/2007. Depositions of plaintiffs shall occur on 10/29/2007. Depositions of Correction Officers shall occur on 10/30/2007. Signed by Magistrate Judge Robert C. Mitchell on 10/25/2007. (mlb) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

51

ORDER dismissing as moot 47 Motion to Compel. Signed by Magistrate Judge Robert C. Mitchell on 10/25/2007. (mlb) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

52

MOTION to Compel Documents by HARRY DELANDRO, DEBRA MALOY. Motions referred to Robert C. Mitchell. (Attachments: # 1 Exhibit Cestra Transcript # 2 Exhibit MacLellan Transcript # 3 Proposed Order)(Rihn, D.) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

53

BRIEF in Support re 52 MOTION to Compel Documents filed by HARRY DELANDRO, DEBRA MALOY. (Rihn, D.) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

54

ORDER granting 52 Motion to Compel Documents in accordance with this Court's Order of October 2, 2007. Signed by Magistrate Judge Robert C. Mitchell on 10/30/2007. (mlb) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

55

MOTION to Dismiss by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order)(Maravich, Craig) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

56

BRIEF in Support re 55 MOTION to Dismiss filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Maravich, Craig) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

57

MOTION to Intervene, MOTION to Amend/Correct 7 Amended Complaint by HARRY DELANDRO, DEBRA MALOY. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order)(Rihn, D.) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

58

BRIEF in Support re 57 MOTION to Intervene MOTION to Amend/Correct 7 Amended Complaint filed by HARRY DELANDRO, DEBRA MALOY. (Rihn, D.) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

59

ORDER granting 57 Motion to Amend Complaint and Intervene Karen Murphy. Debra Malloy is withdrawn as a named plaintiff in this case and shall be replaced by Karen Murphy. Plaintiffs' second amended complaint is to be filed within ten days of the date of this Order. Signed by Magistrate Judge Robert C. Mitchell on 11/8/2007. (mlb) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

60

Second AMENDED CLASS ACTION COMPLAINT against all defendants, filed by KAREN MURPHY, HARRY DELANDRO.(Rihn, D.) Modified on 11/9/2007 to correct typo (ksa). (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

TEXT ORDER dismissing as moot 55 Motion to Dismiss in light of 59 Court Order. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Magistrate Judge Robert C. Mitchell on 11/8/2007. (mlb)

Nov. 8, 2007

Nov. 8, 2007

61

NOTICE by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK (Attachments: # 1 Appendix # 2 Appendix)(Maravich, Craig) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

62

Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell: Status Conference held on 11/19/2007. A hearing on plaintiffs' motions for a preliminary injunction and class certification is set for 2/11/2008 at 9:30 a.m. (Court Reporter: none) (mlb) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

Hearing on plaintiffs' motions for a preliminary injunction and class certification is set for 2/11/2008 at 9:30 AM in Courtroom 9B before Robert C. Mitchell. (mlb)

Nov. 19, 2007

Nov. 19, 2007

63

MOTION to Extend Time to File Motions and Briefs in Support of Class Certification and Preliminary Injunction by KAREN MURPHY, HARRY DELANDRO. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order) (Rihn, D.) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

TEXT ORDER granting Plaintiffs' 63 Motion to Extend Time for filing motions and briefs in support of class certification and a preliminary injunction. Plaintiffs' motions and supporting briefs are due by 11/30/2007. Signed by Magistrate Judge Robert C. Mitchell on 11/26/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mlb)

Nov. 26, 2007

Nov. 26, 2007

64

MOTION to Consolidate Brief in Support of Class Certification and Brief in Support of Preliminary Injunction by KAREN MURPHY, HARRY DELANDRO. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order) (Rihn, D.) Modified on 12/3/2007 to correctly title motion (ksa). (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

65

MOTION to Certify Class, MOTION for Preliminary Injunction by KAREN MURPHY, HARRY DELANDRO. Motions referred to Robert C. Mitchell. (Attachments: # 1 Affidavit Keach Affirmation in Support of Motion # 2 Exhibit A -- Second Amended Class Action Complaint # 3 Exhibit B -- Plaintiffs' Rule 30(b)(6) Notice to Allegheny County # 4 Exhibit C, Part 1 -- Paul Cestra (Allegheny County) Dep., pp. 1-88 # 5 Exhibit C, Part 2 -- Paul Cestra (Allegheny County) Deposition, pp. 89-181 # 6 Exhibit D -- John Colbert Deposition # 7 Exhibit E -- Joan MacLennan Deposition # 8 Exhibit F -- Lewis Wilson, Jr. Transcript # 9 Exhibit G -- Sandra Rugani Transcript # 10 Exhibit H -- David Younkins Transcript # 11 Exhibit H -- Allegheny Co. Directive No. 16 # 12 Exhibit J -- Allegheny Co. Policy Number 21 # 13 Exhibit K -- Decisions of Court Denying Defendants' Motion to Dismiss # 14 Exhibit L -- Firm Resumes, Proposed Class Counsel # 15 Exhibit M -- Preliminary Approval Order, McDaniel v. County of Schenectady # 16 Exhibit N -- Preliminary Approval Order, Kahler v. County of Rensselaer # 17 Exhibit O -- Bench Decision, Tyson v. City of New York # 18 Proposed Order # 19 Certificate of Service) (Keach, Elmer) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

66

BRIEF in Support re 65 MOTION to Certify Class MOTION for Preliminary Injunction filed by KAREN MURPHY, HARRY DELANDRO. (Keach, Elmer) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

TEXT ORDER granting Plaintiffs' 64 Motion to Consolidate their brief in support of class certification and brief in support of a preliminary injunction. The plaintiffs are permitted to file one brief in support of their motions. Signed by Magistrate Judge Robert C. Mitchell on 12/3/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mlb)

Dec. 3, 2007

Dec. 3, 2007

67

MOTION for Extension of Time to File Response/Reply re 65 Motion to Certify Class and Motion for Preliminary Injunction by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. Motions referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order) (Maravich, Craig) Modified on 1/16/2008 document linkage corrected. Document linked to document 65 (ksa). (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

68

RESPONSE to Motion re 67 MOTION for Extension of Time to File Response/Reply filed by KAREN MURPHY, HARRY DELANDRO. (Keach, Elmer) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

ORDER granting 67 Motion for Extension of Time to File Response to 65 Motion to Certify Class and Motion for Preliminary Injunction. Defendants' Response to the Motions are due by 1/25/2008. Plaintiff's Reply brief is due by 2/5/2008. The Hearing on the 65 Motions remains set for 2/11/2008 at 9:30 a.m. Signed by Magistrate Judge Robert C. Mitchell on 1/16/2008. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mlb)

Jan. 16, 2008

Jan. 16, 2008

Update Deadlines: Response to 65 Motion to Certify Class and Motion for Preliminary Injunction due by 1/25/2008. Reply brief due by 2/5/2008. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (mlb)

Jan. 16, 2008

Jan. 16, 2008

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 67 MOTION for Extension of Time to File Response/Reply. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)

Jan. 16, 2008

Jan. 16, 2008

69

RESPONSE to Motion re 65 MOTION to Certify Class MOTION for Preliminary Injunction filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Maravich, Craig) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

70

Errata re 69 Response to Motion by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. Reason for Correction: Adding Exhibit. (Attachments: # 1 Exhibit) (Maravich, Craig) Modified on 1/28/2008 document linkage corrected. Document linked to document 69 (ksa). (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

BRIEF in Opposition re 65 MOTION to Certify Class MOTION for Preliminary Injunction filed by THE COUNTY OF ALLEGHENY, RAMON C. RUSTIN, EDWARD D. URBAN, GREGORY E. GROGAN, LANCE E. BOHN, WILLIAM L. EMERICK. (Filed with document 70 ) (ksa)

Jan. 25, 2008

Jan. 25, 2008

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

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

County of Allegheny

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Other Dockets:

Western District of Pennsylvania 2:06-cv-00927

U.S. Court of Appeals for the Third Circuit 12-02854

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $3,000,000.00

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation