Case: Jones v. Murphy

1:05-cv-01287 | U.S. District Court for the District of Maryland

Filed Date: May 12, 2005

Closed Date: 2015

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Case Summary

On May 12, 2005, male arrestees at the Baltimore Central Booking and Intake Center filed this lawsuit in the United States District Court for the District of Maryland. The plaintiffs sued the warden of Central Booking, the Baltimore Police Department, the City of Baltimore, and other state officials under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the Court for injunctive relief, compensatory and consequential damages, and attorneys fees and costs. The plaintiffs alleged that the defendants had violated their Fourth and Fourteenth Amendment rights when they engaged in unconstitutional strip searches of the plaintiffs and detained the plaintiffs for unreasonable lengths of time. This case was one of three cases alleging mistreatment of persons arrested and taken to Central Booking for booking and processing. The other cases were Maryland NAACP v. Baltimore City Police Department, 1:06-cv-01863-CCB (D. Md. 2006) and Rodney v. Murphy, 24-C-05004405, filed in Maryland state court.

Plaintiffs sought certification for five classes. First, the suspicionless strip search class which consisted of those who had been or would be arrested for crimes not involving weapons, drugs, or felony violence, who were strip searched by Central Booking employees without any individualized finding that they were harboring weapons, drugs, or other contraband. Second, the non-private strip search class was composed of those who had been or would be subjected to strip searches at Central Booking with other arrestees present. Third, the equal protection strip search class consisted of male arrestees strip searched at Central Booking while similarly-situated female arrestees were not. Fourth, the underwear strip search class was made up of male arrestees subjected to an underwear strip search while similarly-situated female arrestees were not. Fifth, the over-detention class consisted of those arrested without warrants who had been or would be detained for an unreasonable length of time (more than 48 hours) before presentment to a judicial officer for a determination of probable cause.

The defendants moved to dismiss the third amended complaint for failure to state a claim. The District Court (District Judge Catherine C. Blake) granted the motion in part and dismissed all claims against the City and the Police Department, rejecting the theory of "entrustment liability." Claims against the state defendants survived, with the exception of individual claims against the current warden. 470 F.Supp.2d 537 (D. Md. Jan 04, 2007).

On July 11, 2008, the district court (Judge Blake) issued a memorandum on the issue of whether the gender-differentiated search policy violated the Equal Protection Clause. The court granted the plaintiffs' motion for summary judgment on the issue and denied the defendants' motion.

On March 19, 2009, the district court partially granted the plaintiffs' motion to certify a class. Specifically, the court certified the following subclasses: 1) those people detained for more than 48 hours without having been brought before a commissioner, and 2) those people arrested for minor, nondrug, nonviolent offenses and strip-searched before they were brought before a commissioner. The court declined to certify the following subclasses: 1) those people who weren't strip-searched privately, and 2) male arrestees who were searched to their underwear when female detainees were not.

For the next two years, discovery motions were exchanged, until the defendants filed a motion for partial summary judgment on January 14, 2011.

On March 5th, 2013 Judge Blake issued a memorandum and an order granting the motion for partial summary judgment. The court granted the motion under the doctrine of qualified immunity.

The plaintiffs filed an appeal on August of 2013. A panel of three judges rendered a decision on November 11, 2014. 771 F.3d 209 (4th Cir. 2014). The Circuit Court (Circuit Judge James Harvie Wilkinson III) affirmed the district court's decision to grant partial summary judgment for the defendants. The court noted that several police officers and guards testified that they found illegal contraband from these searches. And the searchers were being conducted in a private room. On the issue of qualified immunity, the court noted that the right to not be subjected to a strip search was not clearly established at the time of the searches. A Supreme Court decision was filed in 2012, settling aspects of the issue after the fact, but before this, officers who were conducting searches, could not reasonably tell if the searches were violating a constitutional right. The court found the defense of qualified immunity acceptable here, and determined that the motion for partial summary judgment was properly granted.

Circuit Judge James Andrew Wynn Jr. filed a concurring opinion in which he pointed out that the Supreme Court intimated in the Florence decision that there may be exceptions to the rule. That detainees not being admitted into the general population should not have to be stripped searched. The complexities of the exceptions had not been explored by the courts, and Judge Wynn noted that there needed to be more elaboration on this topic, so public officials would know how to act accordingly. However, the merits of the case were not be reached because of the granting of summary judgment.

On February 24, 2015 Judge Blake filed a memo regarding the January 31, 2011 motion for partial summary judgment. 2015 WL 790334. The motion was made by the warden-defendant, over the class of Plaintiffs claiming that Central Booking practiced "over-detention." The court held that the plaintiffs' theory of supervisor liability was defective because there was no evidence that the warden-defendant was deliberately indifferent to the constitutional injury of the Plaintiffs. The warden-defendant did not deny that there were detainees held longer than 48 hours, which was past what was constitutionally acceptable, but she argued that it was caused by factors outside of her control. The court agreed that the delays in presenting detainees before a court commissioner was the fault of the Baltimore police, the state's attorneys office, and court officials. Furthermore, the court argued that the warden had made several efforts to remedy the problem, and that the plaintiffs' complaint that it was not fast enough or proactive enough did not prove deliberate indifference. Finally, the court also granted the summary judgment motion on the theory of qualified immunity, so the defendant had no fair warning that her conduct was unconstitutional.

A few months later on June 15, 2015 the Court entered final judgment and closed the case.

Summary Authors

Kristen Sagar (6/6/2009)

Maryland NAACP v. Baltimore City Police Department, District of Maryland (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4681959/parties/west-v-murphy/

Judge(s)

Blake, Catherine C. (Maryland)

Attorney for Plaintiff

Borden, Bennett B. (District of Columbia)

Attorney for Defendant

Auerbach, Joshua Neal (Maryland)

Bellamy, Conseulo Beatric Nunez (Maryland)

Brockman, William F. (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Gauvey, Susan K. (Maryland)

Grimm, Paul William (Maryland)

Shedd, Dennis W. (South Carolina)

Wilkinson, James Harvie III (Virginia)

Wynn, James Andrew Jr. (North Carolina)

Attorney for Plaintiff

Borden, Bennett B. (District of Columbia)

Cantu, Daniel Alfonso (District of Columbia)

Claiborne, William Charles III (District of Columbia)

Colyns, David (Maryland)

Day, Sean Robert (Maryland)

Dowdle, Stephenie Joy (District of Columbia)

Geht, Jan Meir (District of Columbia)

Gould, Hillary Anne (District of Columbia)

Jacques, Elise Kochtitzky (Maryland)

Jeon, Deborah A. (Maryland)

Jones, Eric (Maryland)

Karlan, Mitchell A. (New York)

Litt, Barrett S. (California)

Mendro, Jason Jacob (District of Columbia)

Morrow, Jason Eugene (District of Columbia)

Rocah, David R. (District of Columbia)

Schrader, Wayne A. (District of Columbia)

Wharwood, Dave Merwin (District of Columbia)

Wilson, Sarah A. (District of Columbia)

Attorney for Defendant

Auerbach, Joshua Neal (Maryland)

Bellamy, Conseulo Beatric Nunez (Maryland)

Brockman, William F. (Maryland)

Conti, Michael Francis (Maryland)

Curran, John Joseph Jr. (Maryland)

Doyle, Michael O Connor (Maryland)

Eason, Alan D (Maryland)

Embry, Elizabeth Mears (Maryland)

Fader, Matthew J. (Maryland)

Grimes, Mark H (Maryland)

Hornig, Karen Stakem (Maryland)

Hughes, Beverly (Maryland)

Janey, Neal Marcellas Jr (Maryland)

Johnson, Kim Yvette (Maryland)

Moore, David Reid (Maryland)

Nilson, George A. (Maryland)

Owens, David Fitzgerald (Maryland)

Pothier, Karl Aram (Maryland)

Sangree, Suzanne (Maryland)

Sheridan, Patrick (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:05-cv-01287	Docket (PACER) West v. Murphy	June 27, 2013	June 27, 2013 Docket
1 1:05-cv-01287	Class Action Complaint for Money Damages and Injunctive Relief and Preliminary Injunction, with Jury Demand	May 12, 2005	May 12, 2005 Complaint
50 1:05-cv-01287	Correspondence re: State Court Litigation	Feb. 27, 2006	Feb. 27, 2006 Correspondence
93 1:05-cv-01287	Memorandum and Order	Jan. 4, 2007	Jan. 4, 2007 Order/Opinion 470 F.Supp.2d 537
162 1:05-cv-01287	Plaintiffs Motion for Partial Summary Judgment	Feb. 20, 2008	Feb. 20, 2008 Pleading / Motion / Brief
181 1:05-cv-01287	Plaintiffs' Motion for Class Certification	April 25, 2008	April 25, 2008 Pleading / Motion / Brief
202 1:05-cv-01287	Memorandum	July 11, 2008	July 11, 2008 Order/Opinion 567 F.Supp.2d 787
237 1:05-cv-01287	[Untitled]	Nov. 26, 2008	Nov. 26, 2008 Order/Opinion 256 F.R.D. 510
265 1:05-cv-01287	Memorandum	Feb. 23, 2009	Feb. 23, 2009 Order/Opinion 2009 WL 604937
270 1:05-cv-01287	Memorandum	March 19, 2009	March 19, 2009 Order/Opinion 256 F.R.D. 519

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4681959/west-v-murphy/

Last updated July 19, 2026, 5:48 a.m.

Docket for: West v. Murphy

ECF Number	Date	Description	Link
1	May 12, 2005	COMPLAINT against Susan Murphy, William Jednorski, City of Baltimore, Baltimore City Police Department ( Filing fee $ 250 receipt number 14637002038.), filed by Eric Jones, Dana T. West. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 05/12/2005)	RECAP
2	May 12, 2005	Summons Issued 20 days as to Susan Murphy, William Jednorski, City of Baltimore, Baltimore City Police Department. (raf, Deputy Clerk) (Entered: 05/12/2005)	RECAP
	May 12, 2005	Jury Trial Demand by Eric Jones, Dana T. West. (raf, Deputy Clerk)
3	July 26, 2005	MOTION for Other Relief to Add Defendant by Eric Jones. Responses due by 8/12/2005 (Day, Sean) (Entered: 07/26/2005)	RECAP
4	July 26, 2005	AMENDED COMPLAINT against all defendants, filed by Eric Jones.(Day, Sean) (FILED IN ERROR - WILL REFILE WITH REDLINED VERSION ATTACHED - ATTY. NOTIFIED) Modified on 7/26/2005 (mcb, Deputy Clerk). (Entered: 07/26/2005)	RECAP
5	July 26, 2005	AMENDED COMPLAINT and Jury Demand against all defendants, filed by Eric Jones, Dana T. West. (Attachments: # 1 Appendix First Amended Complaint (Redline Version))(Day, Sean) Modified on 7/26/2005 (mcb, Deputy Clerk). (Entered: 07/26/2005) 1 Appendix First Amended Complaint (Redline Version) View on PACER	RECAP
6	July 29, 2005	Summons Issued 20 days as to Mitchell Franks. (c/m 7/29/05 mcb, Deputy Clerk) (Entered: 07/29/2005)	RECAP
7	Aug. 1, 2005	Summons Issued 20 days as to Mayor and City Council Of Baltimore. (c/m 8/1/05 mcb, Deputy Clerk) (Entered: 08/01/2005)	RECAP
8	Aug. 15, 2005	SUMMONS Returned Executed by Eric Jones, Dana T. West. Mitchell Franks served on 8/11/2005, answer due 8/31/2005; Mayor and City Council Of Baltimore served on 8/11/2005, answer due 8/31/2005; Baltimore City Police Department served on 8/11/2005, answer due 8/31/2005. (mcb, Deputy Clerk) (Entered: 08/15/2005)	RECAP
9	Aug. 18, 2005	MOTION for William Charles Claiborne III to Appear Pro Hac Vice by Eric Jones, Dana T. West. (jlb, Deputy Clerk) (Entered: 08/18/2005)	RECAP
10	Aug. 18, 2005	MARGINAL ORDER granting 9 Motion of Plaintiff for William Charles Claiborne III to Appear Pro Hac Vice. Signed by Clerk on 8/18/05. (FEE PAID RECEIPT #84637002451) (FOR PLEADING #10 SEE #9) (jlb, Deputy Clerk) (Entered: 08/18/2005)	RECAP
11	Aug. 22, 2005	AFFIDAVIT of Service for Summons, Amended Complaint, and Other Filings served on William Jednorski on 08/17/05, filed by Eric Jones, Dana T. West. (Day, Sean) (Entered: 08/22/2005)	RECAP
12	Aug. 26, 2005	MOTION for Extension of Time by Mitchell Franks. Responses due by 9/12/2005 (Pothier, Karl) (Entered: 08/26/2005)	RECAP
13	Aug. 29, 2005	PAPERLESS ORDER Granting 12 Unopposed Motion for Extension of Time until September 30, 2005 to respond to Complaint. Signed by Judge Catherine C. Blake on August 29, 2005. (Blake, Catherine) (Entered: 08/29/2005)	RECAP
14	Aug. 31, 2005	MOTION to Dismiss by Mayor and City Council Of Baltimore, Baltimore City Police Department. Responses due by 9/19/2005 (Attachments: # 1 Memo in Support# 2 Exhibit # 3 Text of Proposed Order)(Auerbach, Joshua) (Entered: 08/31/2005)	RECAP
15	Sept. 1, 2005	NOTICE of Appearance by Kim Yvette Johnson on behalf of Baltimore City Police Department (Johnson, Kim) (Entered: 09/01/2005)	RECAP
16	Sept. 8, 2005	MOTION for Extension of Time by Susan Murphy, William Jednorski. Responses due by 9/26/2005 (Pothier, Karl) (Entered: 09/08/2005)	RECAP
17	Sept. 8, 2005	PAPERLESS ORDER Granting 16 Motion for Extension of Time until September 30, 2005 for defendants to file a pleading or motion responsive to the First Amended Complaint. Signed by Judge Catherine C. Blake on September 8, 2005. (Blake, Catherine) (Entered: 09/08/2005)	RECAP
18	Sept. 19, 2005	RESPONSE in Opposition re 14 MOTION to Dismiss of Baltimore City filed by Eric Jones, Dana T. West. Replies due by 10/3/2005. (Attachments: # 1 Exhibit List of Exhibits# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Appendix Cases Not Generally Reported# 9 Appendix Case 1# 10 Appendix Case 2# 11 Appendix Case 3)(Day, Sean) (Entered: 09/19/2005)	RECAP
19	Sept. 19, 2005	MOTION for Other Relief for Judicial Notice by Eric Jones, Dana T. West. Responses due by 10/6/2005 (Day, Sean) (Entered: 09/19/2005)	RECAP
20	Sept. 26, 2005	MOTION for Barrett S. Litt to Appear Pro Hac Vice by Eric Jones, Dana T. West. (mcb, Deputy Clerk) (Entered: 09/27/2005)	RECAP
21	Sept. 26, 2005	MARGINAL ORDER granting 20 Motion of Plaintiffs for Barrett S. Litt to Appear Pro Hac Vice (Fee paid Receipt #14637004581 - for Document #21 see #20). Signed by Clerk on 9/26/05. (mcb, Deputy Clerk) (Entered: 09/27/2005)	RECAP
22	Sept. 30, 2005	MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 10/17/2005 (Pothier, Karl) (Entered: 09/30/2005)	RECAP
23	Sept. 30, 2005	PAPERLESS ORDER Granting 22 Unopposed Motion for Extension of Time until October 7, 2005 for Defendants Franks, Jednorski and Murphy to file a responsive pleading to the First Amended Complaint. Signed by Judge Catherine C. Blake on September 30, 2005. (Blake, Catherine) (Entered: 09/30/2005)	RECAP
24	Sept. 30, 2005	REPLY to Response to Motion re 14 MOTION to Dismiss filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. (Auerbach, Joshua) (Entered: 09/30/2005)	RECAP
25	Oct. 7, 2005	MOTION to Dismiss or, in the Alternative, MOTION for Summary Judgment by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 10/24/2005 Responses due by 10/24/2005 (Attachments: # 1 Memoranum of Law in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment# 2 Exhibit Exhibit 1 to Memorandum of Law# 3 Exhibit Exhibit 2 to Memorandum of Law)(Pothier, Karl) (Entered: 10/07/2005)	RECAP
26	Oct. 11, 2005	MOTION for Other Relief to File Sur-Reply by Eric Jones, Dana T. West. Responses due by 10/28/2005 (Attachments: # 1 Sur-Reply)(Day, Sean) (Entered: 10/11/2005)	RECAP
27	Oct. 17, 2005	RESPONSE in Opposition re 26 MOTION for Other Relief to File Sur-Reply filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Replies due by 10/31/2005. (Auerbach, Joshua) (Entered: 10/17/2005)	RECAP
28	Oct. 20, 2005	Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by Eric Jones, Dana T. West. Responses due by 11/7/2005 (Day, Sean) (Entered: 10/20/2005)	RECAP
29	Oct. 21, 2005	PAPERLESS ORDER granting 28 Consent Motion for Extension of Time to File Response re 25 MOTION to Dismiss,or in the Alternative MOTION for Summary Judgment Responses due by 11/14/2005. Signed by Judge Catherine C. Blake on 10/21/05. (Blake, Catherine) (Entered: 10/21/2005)	RECAP
30	Oct. 21, 2005	ORDER denying 26 Motion of Plaintiffs for Leave to File Sur-Reply. Signed by Judge Catherine C. Blake on 10/21/05. (mcb, Deputy Clerk) (Entered: 10/21/2005)	RECAP
31	Nov. 5, 2005	Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment by Eric Jones, Dana T. West. Responses due by 11/22/2005 (Day, Sean) (Entered: 11/05/2005)	RECAP
32	Nov. 7, 2005	PAPERLESS ORDER Granting 31 Consent Motion for Extension of Time to File Response re 25 Motion to Dismiss or, in the Alternative Motion for Summary Judgment. Responses due by 11/30/2005. Signed by Judge Catherine C. Blake on November 7, 2005. (Blake, Catherine) (Entered: 11/07/2005)	RECAP
33	Nov. 30, 2005	MOTION to Amend/Correct 5 Amended Complaint to Intervene, and Add Plaintiffs by Eric Jones, Dana T. West. Responses due by 12/19/2005 (Attachments: # 1 Exhibit Second Amended Complaint (Redlined)# 2 Exhibit Second Amended Complaint)(Day, Sean) (Entered: 11/30/2005)	RECAP
34	Nov. 30, 2005	RESPONSE in Opposition re 25 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment (Opposition to Motion to Dismiss) filed by Eric Jones, Dana T. West. Replies due by 12/14/2005. (Day, Sean) (Entered: 11/30/2005)	RECAP
35	Nov. 30, 2005	MOTION for Extension of Time to Complete Discovery per Rule 56(f) by Eric Jones. Responses due by 12/19/2005 (Attachments: # 1 Exhibit memorandum of law# 2 Exhibit Plaintiffs' exhibit list# 3 Exhibit exhibit 1# 4 Exhibit Exhibit 2# 5 Exhibit Exhibit 3# 6 Exhibit Exhibit 4# 7 Exhibit Exhibit 5# 8 Exhibit Exhibit 6# 9 Exhibit Exhibit 7# 10 Exhibit Exhibit 8# 11 Exhibit Exhibit 9# 12 Exhibit Exhibit 10# 13 Exhibit Exhibit 11# 14 Exhibit Exhibit 12# 15 Exhibit Exhibit 13# 16 Exhibit Exhibit 14# 17 Exhibit Exhibit 15# 18 Exhibit Exhibit 16# 19 Exhibit Exhibit 17# 20 Exhibit Exhibit 18# 21 Exhibit Exhibit 19# 22 Exhibit Exhibit 19# 23 Exhibit Exhibit 21# 24 Exhibit Exhibit 22# 25 Exhibit Exhibit 23# 26 Exhibit Exhibit 39# 27 Exhibit Exhibit 40# 28 Exhibit Exhibit 41# 29 Exhibit Exhibit 42# 30 Exhibit Exhibit 54# 31 Exhibit Exhibit 55# 32 Exhibit Exhibit 74# 33 Exhibit Exhibit 75# 34 Exhibit Exhibit 76# 35 Exhibit Exhibit 77# 36 Exhibit Exhibit 88# 37 Exhibit Exhibit 89# 38 Exhibit Exhibit 90# 39 Exhibit Exhibit 91# 40 Exhibit Exhibit 92# 41 Exhibit Exhibit 95# 42 Exhibit Exhibit 96# 43 Exhibit Exhibit 97)(Claiborne, William) (Entered: 11/30/2005)	RECAP
36	Dec. 7, 2005	RESPONSE in Opposition re 33 MOTION to Amend/Correct 5 Amended Complaint to Intervene, and Add Plaintiffs filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Replies due by 12/21/2005. (Auerbach, Joshua) (Entered: 12/07/2005)	RECAP
37	Dec. 12, 2005	MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 12/29/2005 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 12/12/2005)	RECAP
38	Dec. 13, 2005	PAPERLESS ORDER Granting 37 Unopposed Motion for Extension of Time until January 6, 2006 to respond to papers filed by plaintiffs on November 30, 2005. Signed by Judge Catherine C. Blake on December 13, 2005. (Blake, Catherine) (Entered: 12/13/2005)	RECAP
39	Dec. 21, 2005	REPLY to Response to Motion re 33 MOTION to Amend/Correct 5 Amended Complaint to Intervene, and Add Plaintiffs filed by Eric Jones, Dana T. West. (Day, Sean) (Entered: 12/21/2005)	RECAP
40	Dec. 29, 2005	MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 1/16/2006 (Pothier, Karl) (Entered: 12/29/2005)	RECAP
41	Dec. 29, 2005	PAPERLESS ORDER Granting 40 Unopposed Motion for Extension of Time until January 10, 2006 to respond to papers filed by plaintiffs on November 30, 2005. Signed by Judge Catherine C. Blake on December 29, 2005. (Blake, Catherine) (Entered: 12/29/2005)	RECAP
42	Jan. 10, 2006	REPLY to Response to Motion re 25 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment Memorandum in Reply to Plaintiffs' Opposition to Defendant Wardens' Motion to Dismiss filed by Mitchell Franks, Susan Murphy, William Jednorski. (Pothier, Karl) (Entered: 01/10/2006)	RECAP
43	Jan. 10, 2006	RESPONSE in Opposition re 35 MOTION for Extension of Time to Complete Discovery per Rule 56(f) filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 1/24/2006. (Pothier, Karl) (Entered: 01/10/2006)	RECAP
44	Jan. 10, 2006	Consent MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 1/27/2006 (Attachments: # 1 Text of Proposed Order Proposed Order)(Pothier, Karl) (Entered: 01/10/2006)	RECAP
45	Jan. 11, 2006	RESPONSE in Opposition re 33 MOTION to Amend/Correct 5 Amended Complaint to Intervene, and Add Plaintiffs filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 1/25/2006. (Pothier, Karl) (Entered: 01/11/2006)	RECAP
46	Jan. 17, 2006	PAPERLESS ORDER Granting 44 Joint Motion for Extension of Time until January 11, 2006. Signed by Judge Catherine C. Blake on January 17, 2006. (Blake, Catherine) (Entered: 01/17/2006)	RECAP
47	Jan. 19, 2006	Miscellaneous Correspondence scheduling a hearing on all pending motions. (Blake, Catherine) (Entered: 01/19/2006)	RECAP
48	Jan. 23, 2006	REPLY to Response to Motion re 35 MOTION for Extension of Time to Complete Discovery per Rule 56(f) (Reply to Wardens' Opposition) filed by Eric Jones, Dana T. West. (Day, Sean) (Entered: 01/23/2006)	RECAP
49	Jan. 23, 2006	REPLY to Response to Motion re 33 MOTION to Amend/Correct 5 Amended Complaint to Intervene, and Add Plaintiffs (Reply to Wardens' Opposition) filed by Eric Jones, Dana T. West. (Day, Sean) (Entered: 01/23/2006)	RECAP
	Feb. 16, 2006	Motion Hearing held on 2/16/2006 re 14 MOTION to Dismiss filed by Baltimore City Police Department,, Mayor and City Council Of Baltimore,, 25 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment filed by William Jednorski,, Mitchell Franks,, Susan Murphy, before Judge Catherine C. Blake. Argument of Counsel. Ruling by Court held sub-curia. (Court Reporter: Gail Simpkins) (kam, Deputy Clerk)
50	Feb. 27, 2006	Correspondence re: state court litigation (Auerbach, Joshua) (Entered: 02/27/2006)	RECAP
51	March 17, 2006	MOTION to Amend/Correct for Leave to File Third Amended Complaint by Eric Jones, Dana T. West. Responses due by 4/3/2006 (Attachments: # 1 Exhibit Third Amended Complaint (Redlined)# 2 Exhibit Table of Contents for Third Amended Complaint# 3 Exhibit Third Amended Complaint (Clean))(Day, Sean) (Entered: 03/17/2006)	RECAP
52	March 24, 2006	RESPONSE in Opposition re 51 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Replies due by 4/7/2006. (Auerbach, Joshua) (Entered: 03/24/2006)	RECAP
53	April 3, 2006	RESPONSE to Motion re 51 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 4/17/2006. (Pothier, Karl) (Entered: 04/03/2006)	RECAP
54	April 10, 2006	ORDER denying as MOOT 33 Motion of Plaintiffs to file a Second Amended Complaint, denying without Prejudice 35 Motion of Plaintiffs for Extension of Time to Complete Discovery, granting 51 Motion of Plaintiffs for Leave to File Third Amended Complaint, denying as MOOT 14 Motion of Defendants to Dismiss or for Summary Judgment, granting 19 Motion of Plaintiffs for Judicial Notice, denying as MOOT 25 Motion of Defendants to Dismiss or for Summary Judgment. Defendants may have until May 12, 2006 to file an Answer or Motion under Rule 12 and/or 56. Signed by Judge Catherine C. Blake on 4/10/06. (mcb, Deputy Clerk) (Entered: 04/10/2006)	RECAP
55	April 10, 2006	THIRD AMENDED COMPLAINT for Money Damages, Injunctive Relief, and Preliminary Injunction, with Jury Demand against Mitchell Franks, Mayor and City Council Of Baltimore, Susan Murphy, William Jednorski, Baltimore City Police Department, filed by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. (Attachments: # 1 Redlined version of Amended Complaint)(mcb, Deputy Clerk) (Entered: 04/10/2006)	RECAP
56	May 12, 2006	Consent MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 5/30/2006 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 05/12/2006)	RECAP
57	May 12, 2006	PAPERLESS ORDER Granting 56 Unopposed Motion for Extension of Time until May 26, 2006 for the defendants to respond to the Third Amended Complaint. Signed by Judge Catherine C. Blake on May 12, 2006. (Blake, Catherine) (Entered: 05/12/2006)	RECAP
58	May 12, 2006	MOTION to Dismiss Third Amended Complaint by Mayor and City Council Of Baltimore, Baltimore City Police Department. Responses due by 5/30/2006 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order)(Auerbach, Joshua) (Entered: 05/12/2006)	RECAP
59	May 25, 2006	Consent MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss Third Amended Complaint by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. Responses due by 6/12/2006 (Day, Sean) (Entered: 05/25/2006)	RECAP
60	May 26, 2006	PAPERLESS ORDER Granting 59 Consent Motion for Extension of Time to File Response re 58 Motion to Dismiss Third Amended Complaint. Responses due by 6/14/2006. Signed by Judge Catherine C. Blake on May 26, 2006. (Blake, Catherine) (Entered: 05/26/2006)	RECAP
61	May 26, 2006	MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 6/12/2006 (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment# 2 Exhibit Exhibit 1 to Memorandum of Law)(Pothier, Karl) (Entered: 05/26/2006)	RECAP
62	June 8, 2006	Consent MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. Responses due by 6/26/2006 (Day, Sean) (Entered: 06/08/2006)	RECAP
63	June 9, 2006	PAPERLESS ORDER Granting 62 Consent Motion for Extension of Time to File Response re 61 Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. Responses due by JULY 7, 2006. Signed by Judge Catherine C. Blake on June 9, 2006. (Blake, Catherine) (Entered: 06/09/2006)	RECAP
64	June 12, 2006	RESPONSE in Opposition re 58 MOTION to Dismiss Third Amended Complaint filed by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. Replies due by 6/26/2006. (Attachments: # 1 Appendix Table of Contents)(Day, Sean) (Entered: 06/12/2006)	RECAP
65	June 21, 2006	REPLY to Response to Motion re 58 MOTION to Dismiss Third Amended Complaint filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. (Auerbach, Joshua) (Entered: 06/21/2006)	RECAP
66	July 3, 2006	RESPONSE in Opposition re 61 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment filed by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. Replies due by 7/17/2006. (Attachments: # 1 Table of Contents)(Day, Sean) (Entered: 07/03/2006)	RECAP
67	July 3, 2006	MOTION to Deny Defendant Wardens' Motion for Summary Judgment, or in the Alternative, Motion for Continuance to Permit Discovery, Memorandum in Support, by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. Responses due by 7/20/2006 (Attachments: # 1 Table of Contents# 2 Supplemental Exhibit List# 3 Exhibit 24# 4 Exhibit 25# 5 Exhibit 98# 6 Exhibit 99# 7 Exhibit 100)(Day, Sean) Modified on 7/5/2006 (mcb, Deputy Clerk). (Entered: 07/03/2006)	RECAP
68	July 16, 2006	Consent MOTION for Extension of Time by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 8/2/2006 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 07/16/2006)	RECAP
69	July 17, 2006	PAPERLESS ORDER Granting 68 Consent Motion for Extension of Time until July 27, 2006 to File Responses to papers submitted by Plaintiffs on July 3, 2006. Signed by Judge Catherine C. Blake on July 17, 2006. (Blake, Catherine) (Entered: 07/17/2006)	RECAP
70	July 27, 2006	RESPONSE re 66 Response in Opposition to Motion, Reply to Plaintiffs' Opposition to Motion to Dismiss filed by Mitchell Franks, Susan Murphy, William Jednorski. (Pothier, Karl) (Entered: 07/27/2006)	RECAP
71	July 27, 2006	RESPONSE in Opposition re 67 MOTION for Other Relief Rule 56(f) Motion and Memorandum Opposition to Alternative Motions to Deny Motion for Summary Judgment or for Continuance to Permit Discovery filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 8/10/2006. (Pothier, Karl) (Entered: 07/27/2006)	RECAP
72	Aug. 10, 2006	REPLY to Response to Motion re 67 MOTION for Other Relief Rule 56(f) Motion and Memorandum filed by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. (Day, Sean) (Entered: 08/10/2006)	RECAP
73	Sept. 11, 2006	ORDER DIRECTING each party to submit a Status Report on pending motions and issues in both cases and any suggestions counsel may have for a coordinated schedule no later than 9/25/06. Signed by Judge Catherine C. Blake on 9/12/06. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(mcb, Deputy Clerk) (Entered: 09/11/2006)	RECAP
74	Sept. 13, 2006	(FILED IN ERROR SHOULD BE FILED IN CCB-06-1863) RESPONSE in Opposition re (20 in 1:06-cv-01863-CCB) MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 9/27/2006. (Attachments: # 1 Affidavit Affidavit of Donald Wilson# 2 Affidavit Affidavit of Tyrone Braxton# 3 Affidavit Affidavit of Evan Howard# 4 Affidavit Affidavit of Aaron Stoner# 5 Affidavit Affidavit of Jason Morrow)Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Morrow, Jason) Modified on 9/15/2006 (jlb, Deputy Clerk). (Entered: 09/13/2006)	RECAP
75	Sept. 20, 2006	NOTICE by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West re (64 in 1:05-cv-01287-CCB) Response in Opposition to Motion, of New Relevant Authority Associated Cases: 1:05-cv-01287-CCB, 1:06-cv-01863-CCB(Day, Sean) (Entered: 09/20/2006)	RECAP
76	Sept. 21, 2006	RESPONSE re (75 in 1:05-cv-01287-CCB, 49 in 1:06-cv-01863-CCB) Notice (Other), Notice (Other) filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Associated Cases: 1:05-cv-01287-CCB, 1:06-cv-01863-CCB(Auerbach, Joshua) (Entered: 09/21/2006)	RECAP
77	Sept. 25, 2006	STATUS REPORT by Mitchell Franks. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Brockman, William) (Entered: 09/25/2006)	RECAP
78	Sept. 25, 2006	STATUS REPORT by Mayor and City Council Of Baltimore, Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Auerbach, Joshua) (Entered: 09/25/2006)	RECAP
79	Sept. 25, 2006	STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Morrow, Jason) (Entered: 09/25/2006)	RECAP
80	Sept. 25, 2006	STATUS REPORT by Eric Jones. (Claiborne, William) Modified on 9/26/2006 (mcb, Deputy Clerk). (Entered: 09/25/2006)	RECAP
81	Oct. 3, 2006	STATUS REPORT per Rule 26(f) by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West. (Day, Sean) (Entered: 10/03/2006)	RECAP
82	Nov. 27, 2006	NOTICE by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West re 64 Response in Opposition to Motion, Notice (Second) of New Relevant Authority (Day, Sean) (Entered: 11/27/2006)	RECAP
83	Nov. 29, 2006	RESPONSE re 82 Notice (Other) filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. (Auerbach, Joshua) (Entered: 11/29/2006)	RECAP
84	Dec. 1, 2006	ORDER SCHEDULING Status Conference. Signed by Judge Catherine C. Blake on 12/1/06. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(jlb, Deputy Clerk) (Entered: 12/01/2006)	RECAP
85	Dec. 4, 2006	NOTICE by Eric Jones re 82 Notice (Other), 83 Response (Claiborne, William) (Entered: 12/04/2006)	RECAP
86	Dec. 14, 2006	NOTICE by Eric Jones re 84 Order to submit proposed discovery order (Claiborne, William) (Entered: 12/14/2006)	RECAP
87	Dec. 14, 2006	Correspondence re: proposed schedule for document discovery Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Auerbach, Joshua) (Entered: 12/14/2006)	RECAP
88	Dec. 14, 2006	RESPONSE re (84 in 1:05-cv-01287-CCB) Order to Submit Proposed Discovery Schedule filed by Mitchell Franks, Mitchell Franks. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Brockman, William) (Entered: 12/14/2006)	RECAP
89	Dec. 15, 2006	NOTICE by Eric Jones change of firm name (Claiborne, William) (Entered: 12/15/2006)	RECAP
	Dec. 18, 2006	Status Conference held on 12/18/2006 held before Judge Catherine C. Blake. (Court Reporter Gail Simpkins.) (rhl, Deputy Clerk)
90	Dec. 20, 2006	ORDER RE: Discovery; Status Reports are Due 1/18/07 and Scheduling Conference Call. Signed by Judge Catherine C. Blake on 12/19/06. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(jlb, Deputy Clerk) (Entered: 12/21/2006)	RECAP
91	Dec. 22, 2006	NOTICE by Eric Jones of Lead Counsel Associated Cases: 1:05-cv-01287-CCB, 1:06-cv-01863-CCB(Day, Sean) (Entered: 12/22/2006)	RECAP
92	Jan. 4, 2007	MEMORANDUM. Signed by Judge Catherine C. Blake on 1/4/07. (mcb, Deputy Clerk)	RECAP
93	Jan. 4, 2007	ORDER granting 58 Motion of City Defendants to Dismiss; granting in part and denying in part 61 Motion of State Defendants to Dismiss; denying without Prejudice 61 Motion of State Defendants for Summary Judgment. Signed by Judge Catherine C. Blake on 1/4/07. (mcb, Deputy Clerk) (Entered: 01/05/2007)	RECAP
94	Jan. 12, 2007	MOTION to Withdraw as Attorney. Responses due by 1/29/2007 (Auerbach, Joshua) (Entered: 01/12/2007)	RECAP
95	Jan. 16, 2007	PAPERLESS ORDER granting 94 Motion to Withdraw as Attorney. Attorney Joshua Neal Auerbach terminated. Per Judge Catherine C. Blake on 1/16/07. (hml, Deputy Clerk) (Entered: 01/16/2007)	RECAP
96	Jan. 18, 2007	STATUS REPORT Regarding Discovery by State Of Maryland. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Brockman, William) (Entered: 01/18/2007)	RECAP
97	Jan. 18, 2007	STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06-cv-01863-CCB, 1:05-cv-01287-CCB(Hornig, Karen) (Entered: 01/18/2007)	RECAP

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Case Details

State / Territory:

Maryland

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: May 12, 2005

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons subjected to strip searches at the Baltimore Central Booking. 2 Subclasses: those detained for more than 48 hours without having seeing a commissioner, and 2) those arrested for minor, nondrug, nonviolent offenses

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Baltimore

Defendant Type(s):

Corrections

Law-enforcement