Case: Kelsey v. Schoharie County, New York

1:04-cv-00299 | U.S. District Court for the Northern District of New York

Filed Date: March 19, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On March 19, 2004, two plaintiffs represented by private attorneys from Albany, New York, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York, alleging that the Schoharie County Sheriff's Department ("SCSD") had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Schoharie County Jail, including those charged with misdemeanors or held on civil matters, regardless…

On March 19, 2004, two plaintiffs represented by private attorneys from Albany, New York, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York, alleging that the Schoharie County Sheriff's Department ("SCSD") had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Schoharie County Jail, including those charged with misdemeanors or held on civil matters, regardless of the crime for which they were charged and without reasonable suspicion to believe that the individuals were concealing weapons or contraband.

The named plaintiffs included an Albany County Jail corrections officer arrested for back child support and another man charged with DWI. They alleged that, pursuant to the Sheriff's policy, they were forced to strip naked and subjected to visual inspections in violation of the Fourth Amendment to the United States Constitution. Plaintiffs also alleged the constitutional violation stemmed from the Sheriff's deliberate indifference to constitutional rights by not adequately training individual officers he employed. The plaintiffs sought declaratory and injunctive relief, monetary and punitive damages and class certification for the thousands of individuals that suffered the same alleged indignities. The defendants, the County and the Sheriff, answered by generally denying all allegations.

The case was assigned to District Judge Lawrence E. Kahn, who referred the case to Magistrate Judge David Homer to oversee scheduling and case discovery. A scheduling order was entered, which directed the parties to complete discovery by June 1, 2005. Discovery ensued. On the last day of discovery, the County moved to amend its answer to assert an affirmative defense that the plaintiffs failed to comply with the Prison Litigation Reform Act of 1995, 42 U.S.C. § 1997e(e) (PLRA). The District Court (Magistrate Judge Homer) denied the County's request to answer, finding that the PLRA did not apply to the case, as neither plaintiff was incarcerated at the time the case was filed. Kelsey v. County of Schoharie, 2005 WL 1972557 (N.D. N.Y. Aug 05, 2005) (NO. 04-CV-299).

The plaintiffs moved for class certification, which the defendants opposed. Defendants, in turn, moved for summary judgment. Judge Kahn denied defendants' motion for summary judgment and certified the case as a class action. The class was defined as:

All persons in the United States who have been, or will be, placed into the custody of the Schoharie County Jail after being charged with "misdemeanors, violations, or held on civil matters" and were, or will be, strip searched upon their entry into the Schoharie County Jail pursuant to the policy, custom and practice of the Schoharie County Sheriff's Department and the County of Schoharie. The class period commences on March 19, 2001, and extends to the date on which the Schoharie County Sheriff's Department and/or the County of Schoharie are enjoined from, or otherwise cease, enforcing their unconstitutional policy, practice and custom of conducting strip searches absent reasonable suspicion. Kelsey v. County of Schoharie, 2007 WL 603406 (N.D. N.Y. Feb 21, 2007).

Judge Kahn refused to certify his order for immediate appeal by defendants. On December 19, 2007, the Court (Judge Kahn) held a pre-trial conference where parties discussed the settlement but the matter did not settle and a trial date was set for June 16, 2008. During the pre-trial conference, the parties also discussed whether the case would be tried before a jury or Judge Kahn. On March 27, 2008, plaintiffs submitted a letter motion requesting waiver of the previously requested jury trial, followed by defendant's letter brief on April 3, 2008, objecting to plaintiffs' requests to waive a jury trial because withdrawing a jury trial after already submitting a request requires consent of both parties. On April 14, 2008, the Court (Judge Kahn) ordered the case to go forward as a jury trial and adjourned the trial date to September 16, 2008. Thereafter, the jury trial was adjourned three times, notably due to defendants awaiting the Court of Appeals decision on the issue of qualified immunity for two individual defendants.

On October 14, 2009, the Second Circuit Court of Appeals reversed the the District Court’s previous decision and order that denied the defendants’ motion for summary judgment and defense of qualified immunity (with Judge Sotomayor dissenting). The Second Circuit found that the incidental observation of the body of an arrestee during required clothing exchange, as described by the plaintiffs, was not an unreasonable search under the Fourth Amendment. It also decided that plaintiffs did not identify any constitutional violation on the parts of individual defendants. As a result, the Second Circuit remanded the case back with instructions to dismiss the action (with Judge Sotomayor dissenting).

Following the Second Circuit’s decision, on October 16, 2009, the District Court (Judge Kahn) granted the defendant’s motion for summary judgment that was previously filed in 2005, entered judgment in favor of the defendants and dismissed the case in its entirety. The court also granted the defendants’ application for attorneys fees and ordered the plaintiffs to pay that fee of $1,662.60. Later on February 23, 2010, the Court ordered the plaintiffs to pay the total bill of costs, including the previously ordered attorneys fees, that totaled $3,487.20.

The case is now closed.

Summary Authors

Kristen Sagar (6/30/2009)

MJ Koo (3/14/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5375167/parties/kelsey-v-county-of-schoharie/


Judge(s)

Homer, David R. (New York)

Jacobs, Dennis G. (New York)

Kahn, Lawrence E. (New York)

Miner, Roger Jeffrey (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schumann-McGhee, Bethany (New York)

Attorneys(s) for Defendant

Conboy, Jacinda Hall (New York)

Judge(s)

Homer, David R. (New York)

Jacobs, Dennis G. (New York)

Kahn, Lawrence E. (New York)

Miner, Roger Jeffrey (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schumann-McGhee, Bethany (New York)

Attorneys(s) for Defendant

Conboy, Jacinda Hall (New York)

Johnson, Gregg T. (New York)

Yatsco, Tanya A. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

Kelsey v. County of Schoharie

Feb. 23, 2010 Docket
1

Class Action Complaint

March 17, 2004 Complaint
17

Order Approving Defendant's Waiver of Potential Contract

John Kelsey v. The County of Schoharie

Sept. 7, 2004 Order/Opinion
40

Memorandum Decision and Order [regarding motion to file an amended answer]

Kelsey v. County of Schoharie

2005 WL 1972557, 2005 U.S.Dist.LEXIS 17057

Aug. 5, 2005 Order/Opinion
42

Protective Order on Stipulation

Kelsey v. The County of Schoharie

Sept. 1, 2005 Order/Opinion
65

Memorandum Decision and Order [affirming Magistrate Judge Decision and denying motion to amend answer]

Kelsey v. The County of Schoharie

Nov. 16, 2005 Order/Opinion
82

Memorandum Decision and Order [regarding proposed class and summary judgment]

Kelsey v. County of Schoharie

2007 WL 603406, 2007 U.S.Dist.LEXIS 16252

Feb. 21, 2007 Order/Opinion
91

Memorandum-Decision and Order [Denying Defendant's Motion for Immediate Appeal]

Kelsey v. County of Schoharie

2007 WL 1532024

May 24, 2007 Order/Opinion

[Order Denying Appeal]

Kelsey v. County of Schoharie

U. S. Court of Appeals for the Second Circuit

June 29, 2007 Order/Opinion
118

USCA Mandate

Kelsey v. The County of Schoharie

U. S. Court of Appeals for the Second Circuit

Oct. 14, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5375167/kelsey-v-county-of-schoharie/

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

ECF Number Description Date Link
65

MEMORANDUM-DECISION AND ORDER affirming 41 Magistrate Judge Decision appealed to District Court, and denying permission to amend answer. Signed by Judge Lawrence E. Kahn on 11/16/05. (tab) Modified on 1/10/2006 (tab).

Nov. 16, 2005 RECAP
1

COMPLAINT against John S. Bates Jr., County of Schoharie, Jim Hazzard ( Filing fee $ 150 receipt number 72705.), filed by John Kelsey, Timothy Wright.(wbl, ) (Entered: 03/22/2004)

March 19, 2004

Summons Issued as to John S. Bates Jr., County of Schoharie, Jim Hazzard. (wbl, ) (Entered: 03/22/2004)

March 19, 2004
82

MEMORANDUM-DECISION AND ORDER granting 46 Motion to Certify Class; denying 47 Motion for Summary Judgment. Signed by Judge Lawrence E. Kahn on 2/21/07. (tab)

Feb. 21, 2007 RECAP
91

MEMORANDUM DECISION AND ORDER denying 84 Motion for Certificate of Appealability. Signed by Judge Lawrence E. Kahn on 5/24/07. (ban)

May 24, 2007 RECAP
2

G.O. 25 FILING ORDER ISSUED Initial Conference set for 7/27/2004 10:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 7/19/2004. (wbl, ) (Entered: 03/22/2004)

March 19, 2004
103

ORDER re: 100 Letter Motion from Gregg Johnson, Esq. for County of Schoharie, John S. Bates, Jr, Jim Hazzard requesting trial by Jury. IT IS ORDERED that this case will go forward as a jury trial; that the letter request and Order filed on 4/2/08 (Dkt. 99) are hereby SUPERSEDED; and the June 16, 2008 trial date is ADJOURNED until September 16, 2008, and pretrial submissions will be due September 8, 2008. Signed by Senior Judge Lawrence E. Kahn on 4/14/08. (sg)

April 14, 2008 RECAP
3

SUMMONS Returned Executed by John Kelsey, Timothy Wright. John S. Bates Jr. served on 4/5/2004, answer due 4/26/2004. (tab, ) (Entered: 04/19/2004)

April 19, 2004
4

ANSWER to Complaint by John S. Bates Jr., County of Schoharie, Jim Hazzard.(Yatsco, Tanya) (Entered: 04/26/2004)

April 26, 2004
5

CERTIFICATE OF SERVICE by John S. Bates Jr., County of Schoharie, Jim Hazzard of Answer to Complaint (Yatsco, Tanya) (Entered: 04/26/2004)

April 26, 2004
6

CIVIL CASE MANAGEMENT PLAN by John Kelsey, Timothy Wright. (Attachments: # 1 Letter to Court Regarding Filing of Case Management Plan)(Keach, Elmer) (Entered: 05/12/2004)

May 12, 2004
8

AFFIDAVIT of Service for Affidavit of Service served on Jim Hazzard on April 5, 2004, filed by John Kelsey. (Rozger, Jason) (Entered: 06/01/2004)

June 1, 2004
9

AFFIDAVIT of Service for Affidavit of Service served on John S. Bates, Jr. on April 5, 2004, filed by John Kelsey. (Rozger, Jason) (Entered: 06/01/2004)

June 1, 2004
10

Letter from Tanya A. Yatsco for John S. Bates Jr., County of Schoharie, Jim Hazzard requesting Consideration of Defendants' CCMP. (Yatsco, Tanya) (Entered: 07/25/2004)

July 25, 2004
11

ORDER TO SHOW CAUSE/MOTION to show why defendants should not be Compelled to obtain seperate counsel .(tab) (Entered: 07/27/2004)

July 27, 2004
12

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 11/1/2004. Amended Pleadings due by 11/1/2004. Discovery due by 4/1/2005. Motions to be filed by 6/1/2005. Trial Ready Deadline is 6/1/2005. Jury Trial set for 9/27/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Parties opt out of ADR. Signed by Judge David R. Homer on 7/27/04. (tab) (Entered: 07/27/2004)

July 27, 2004
13

Minute Entry for proceedings held before Judge David R. Homer : Initial Pretrial Conference held on 7/27/2004. (tab) (Entered: 07/28/2004)

July 28, 2004
14

NOTICE of Hearing: Status Conference set for 11/10/2004 10:00 AM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 07/28/2004)

July 28, 2004
15

NOTICE by John S. Bates Jr., County of Schoharie, Jim Hazzard of In Camera Submission Regarding Joint Representation (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 08/27/2004)

Aug. 27, 2004
16

ORDER re 11 MOTION to Compel. Signed by Judge David R. Homer on 9/7/04. (tab) (Entered: 09/13/2004)

Sept. 7, 2004
17

ORDER APPROVING DEFENDANT'S WAIVER OF POTENTIAL CONFLICT . Signed by Judge David R. Homer on 9/7/04. (ban) (Entered: 09/14/2004)

Sept. 7, 2004
18

SEALED DOCUMENT (Attorney Affidavits)− maintained in Clerk's Office and not available for electronic viewing (tab) (Entered: 09/16/2004)

Sept. 7, 2004
19

Letter for John Kelsey requesting discovery conference. (Attachments: # 1 Exhibit A)(Rozger, Jason) (Entered: 09/30/2004)

Sept. 30, 2004
20

LETTER BRIEF REGARDING DISCOVERY DISPUTE by John S. Bates Jr., County of Schoharie, Jim Hazzard. (Yatsco, Tanya) (Entered: 09/30/2004)

Sept. 30, 2004
21

Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 10/4/2004. (tab) (Entered: 10/07/2004)

Oct. 7, 2004
22

STIPULATION Protective Order by John S. Bates Jr., County of Schoharie, Jim Hazzard. (Johnson, Gregg) (Entered: 10/15/2004)

Oct. 15, 2004
23

NOTICE of Appearance by Gregg T. Johnson on behalf of John S. Bates Jr., County of Schoharie, Jim Hazzard (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 10/16/2004)

Oct. 16, 2004
24

Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 11/10/2004. (tab) (Entered: 11/15/2004)

Nov. 12, 2004
25

NOTICE of Appearance by Jacinda N. Hall on behalf of all defendants (Attachments: # 1 Certificate of Service)(Hall, Jacinda) (Entered: 11/23/2004)

Nov. 23, 2004
26

STATUS REPORT LETTER/ORDER Status Report due by 12/20/2004. Signed by Judge David R. Homer on 12/6/04. (tab) (Entered: 12/06/2004)

Dec. 6, 2004
27

Letter from Plaintiffs for John Kelsey, Timothy Wright requesting 60 day extension of discovery and other deadlines. (Rozger, Jason) (Entered: 02/14/2005)

Feb. 14, 2005
29

Second Letter from Elmer Keach for John Kelsey, Timothy Wright requesting Sixty Day Enlargement of Discovery Deadline On Consent . (Keach, Elmer) (Entered: 02/25/2005)

Feb. 25, 2005
30

Letter from Gregg T. Johnson, Esq. for County of Schoharie, John S. Bates, Jr, Jim Hazzard requesting Court conference regarding discovery disputes. (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 02/28/2005)

Feb. 28, 2005
31

NOTICE of Hearing: Discovery Conference set for 3/2/2005 03:45 PM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 02/28/2005)

Feb. 28, 2005
32

Minute Entry for proceedings held before Judge David R. Homer : Discovery Conference held on 3/2/2005 (tab) (Entered: 03/07/2005)

March 4, 2005
33

SCHEDULING ORDER: Discovery due by 7/1/2005. Motions to be filed by 9/1/2005. Trial Ready Deadline is 9/1/2005. Jury Trial set for 11/14/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Signed by Judge David R. Homer on 3/4/05. (tab) (Entered: 03/07/2005)

March 4, 2005
34

Letter from Gregg T. Johnson, Esq. for County of Schoharie, John S. Bates, Jr, Jim Hazzard requesting a conference to request leave to amend Defendants' Answer. (Johnson, Gregg) (Entered: 05/19/2005)

May 19, 2005
35

Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 5/24/2005 (tab) (Entered: 05/24/2005)

May 24, 2005
36

ORDER granting leave to file amended answer (to be filed by 6/1/05). Signed by Judge David R. Homer on 5/24/05. (tab) (Entered: 05/24/2005)

May 24, 2005
37

MOTION for Leave to File Amended Answer Motion Hearing set for 7/21/2005 09:30 AM in Albany before Magistrate Judge David R. Homer. Response to Motion due by 7/5/2005 Reply to Response to Motion due by 7/11/2005. by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Affidavit in Support of Motion for Leave to Amend# 2 Exhibit(s) Exhibit A# 3 Proposed Amended Pleading Exhibit B# 4 Memorandum of Law in Support of Defendants' Motion for Leave to Amend their Answer# 5 Supplement West Law Case − Cox# 6 Supplement West Law Case − Royal Insurance# 7 Supplement Certificate of Service)(Conboy, Jacinda) (Entered: 06/01/2005)

June 1, 2005
38

RESPONSE in Opposition re 37 MOTION for Leave to File Amended Answer filed by John Kelsey, Timothy Wright. (Attachments: # 1 Memorandum of Law)(Keach, Elmer) (Entered: 07/05/2005)

July 5, 2005
39

Letter from Gregg T. Johnson, Esq. advising the court of case status. (tab) (Entered: 08/04/2005)

Aug. 3, 2005
40

MEMORANDUM−DECISION AND ORDER denying 37 Motion for Leave to File . Signed by Judge David R. Homer on 8/5/05. (tab) (Entered: 08/08/2005)

Aug. 5, 2005
41

First APPEAL OF MAGISTRATE JUDGE DECISION to District Court by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 38 Response in Opposition to Motion, 40 Order on Motion for Leave to File Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. (Attachments: # 1 Memorandum of Law in Support of Notice of Objections# 2 Supplement West Law Case − Cox# 3 Supplement Certificate of Service)(Conboy, Jacinda) (Entered: 08/17/2005)

Aug. 17, 2005
42

PROTECTIVE STIPULATION/ORDER. Signed by Judge David R. Homer on 9/1/05. (tab) (Entered: 09/01/2005)

Sept. 1, 2005
43

LETTER REQUEST AND ORDER allowing 30 page Memorandum of Law. Signed by Judge Lawrence E. Kahn on 9/1/05. (tab) (Entered: 09/01/2005)

Sept. 1, 2005
44

STATUS REPORT re Defendants' Motion for Summary Judgment by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion for Summary Judgment# 2 Supplement West Law Case − Cox# 3 Supplement West Law Case − Royal Ins.# 4 Supplement Letter to USDC Clerk re Motion Submissions# 5 Affidavit Affidavit of Service for SJ Motion)(Johnson, Gregg) (Entered: 09/01/2005)

Sept. 1, 2005
45

CERTIFICATE OF SERVICE by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 44 Status Report, (Johnson, Gregg) (Entered: 09/01/2005)

Sept. 1, 2005
46

MOTION to Certify Class Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. by John Kelsey, Timothy Wright. (Attachments: # 1 Memorandum of Law In Support of Motion for Class Certification# 2 Affirmation of Jason J. Rozger# 3 Exhibit(s) A, Kelsey transcript# 4 Exhibit(s) B, Wright transcript# 5 Exhibit(s) C, Wright securing order# 6 Exhibit(s) D, Wright admission report# 7 Exhibit(s) E, Admissions policy# 8 Exhibit(s) F, 30(b)(6) notice# 9 Exhibit(s) G, 30(b)(6) transcript# 10 Exhibit(s) H, Kenyon transcript# 11 Exhibit(s) I, Bynum v. D.C.# 12 Exhibit(s) J, Gary v. Sheahan# 13 Exhibit(s) K, Tyson v. City of New York# 14 Exhibit(s) L, Eddelman v. Jefferson County# 15 Exhibit(s) M, Kahler v. County of Rennselaer)(Rozger, Jason) (Entered: 09/01/2005)

Sept. 1, 2005
47

SEALED NOTICE OF MOTION for Summary Judgment Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. by County of Schoharie, John S. Bates, Jr, Jim Hazzard.(tab) (Entered: 09/06/2005)

Sept. 1, 2005
48

SEALED STATEMENT OF MATERIAL FACTS re 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab) (Entered: 09/06/2005)

Sept. 1, 2005
49

SEALED MEMORANDUM OF LAW re 47 Motion for Summary Judgment, filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab, ) (Entered: 09/06/2005)

Sept. 1, 2005
50

SEALED AFFIDAVIT in Support re 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab) (Entered: 09/06/2005)

Sept. 1, 2005
51

SEALING ORDER re 50 Affidavit in Support of Motion filed by County of Schoharie,, John S. Bates, Jr., Jim Hazzard, 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard, 48 Statement of Material Facts filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard, 49 Memorandum of Law filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard . Signed by Judge Lawrence E. Kahn on 9/2/05. (tab) (Entered: 09/06/2005)

Sept. 2, 2005
52

Letter from Elmer R. Keach, III for John Kelsey, Timothy Wright requesting Discovery Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 09/09/2005)

Sept. 9, 2005
53

RESPONSE TO LETTER BRIEF filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard as to 52 Letter Request filed by John Kelsey,, Timothy Wright,. (Conboy, Jacinda) (Entered: 09/13/2005)

Sept. 13, 2005
54

CERTIFICATE OF SERVICE by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 53 RESPONSE TO LETTER BRIEF (Conboy, Jacinda) (Entered: 09/13/2005)

Sept. 13, 2005
55

NOTICE of Hearing: Discovery Hearing set for 9/15/2005 10:00 AM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 09/13/2005)

Sept. 13, 2005
56

ORDER on 9/15/05 telephone conference re: deposition issue. (wjg, ) (Entered: 09/15/2005)

Sept. 15, 2005
57

Letter from Elmer Keach for John Kelsey, Timothy Wright requesting Adjournment of Return Date on Pending Motions until November 18, 2005 submitted to Judge Lawrence E. Kahn Filed on Consent . (Keach, Elmer) (Entered: 09/15/2005)

Sept. 15, 2005
59

MEMORANDUM OF LAW re 41 Appeal of Magistrate Judge Decision to District Court,, In Opposition to Defendants' Objections, filed by John Kelsey. (Attachments: # 1 Exhibit(s) A, J.G. Peta v. Club Protection# 2 Exhibit(s) B, Gibson v. Kendrick# 3 Exhibit(s) C, Gary v. Sheahan# 4 Exhibit(s) D, Thomas v. Baca# 5 Exhibit(s) E, Rivera v. Periera# 6 Exhibit(s) F, Canady v. Werholtz)(Rozger, Jason) (Entered: 09/20/2005)

Sept. 20, 2005

This is a reminder to the attorneys of record that Judge Kahn considers motions on the submission of the motion papers, only. No oral arguments will be entertained. (sas) (Entered: 10/05/2005)

Oct. 5, 2005
60

Letter Motion from Elmer Keach for John Kelsey, Timothy Wright requesting Discovery Conference submitted to Judge David R. Homer Regarding Conference on October 25, 2005 at 2:30 PM . (Attachments: # 1 Exhibit(s) Defendants' Initial Disclosures)(Keach, Elmer) (Entered: 10/24/2005)

Oct. 24, 2005
61

Letter Motion from Jason Rozger, Esq. for John Kelsey, Timothy Wright requesting On consent, extension of time to file responses to pending motions submitted to Judge Lawrence E. Kahn. (Rozger, Jason) (Entered: 10/26/2005)

Oct. 26, 2005
62

Minute Entry for a Discovery Conference held before Judge David R. Homer on 10/27/2005. (see) (Entered: 10/28/2005)

Oct. 27, 2005
63

ORDER, that pltfs are granted leave to depose Glenn Packard at a date &time to be arranged among the parties; that pltfs are granted leave to take the depositions of any other individuals included in defts' disclosure of witnesses following the district court's decision on defts' pending motion for summary judgment; that pltfs shall notify the chambers of the undersigned when a decision is received on defts' pending motion for summary judgment &a conference will be scheduled to establish ddls for completion of remaining discovery. Signed by Judge David R. Homer on 10/27/2005. (see) (Entered: 10/28/2005)

Oct. 27, 2005
64

REQUEST &ORDER resetting Hearing on Motions re: 46 MOTION to Certify Class, 47 MOTION for Summary Judgment: Motion Hearings reset to 1/20/2006 09:30 AM in Albany before Judge Lawrence E. Kahn (on submit). Signed by Judge Lawrence E. Kahn on 10/27/05. (wjg, ) (Entered: 10/31/2005)

Oct. 27, 2005
66

REQUEST &ORDER granting leave for defts to file 15 page brief in opposition to pltfs' motion. Signed by Judge Lawrence E. Kahn on 12/6/05. (wjg, ) (Entered: 12/07/2005)

Dec. 6, 2005
67

Letter Motion from Elmer Keach for John Kelsey, Timothy Wright requesting Enlargement of Time to File Responding Motion Papers submitted to Judge Lawrence E. Kahn On Consent . (Keach, Elmer) (Entered: 12/07/2005)

Dec. 7, 2005
68

ORDER granting 67 Letter Request, 46 MOTION to Certify Class, 47 MOTION for Summary Judgment: Motion Hearing set for 1/20/2006 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 1/6/2006 Reply to Response to Motion due by 1/13/2006. Signed by Judge Lawrence E. Kahn on 12/8/05. (tab) (Entered: 12/08/2005)

Dec. 8, 2005
69

LETTER REQUEST AND ORDER granting defendants permission to file a 30 page brief. Signed by Judge Lawrence E. Kahn on 12/8/05. (tab) (Entered: 12/08/2005)

Dec. 8, 2005
70

AFFIDAVIT in Opposition re 46 MOTION to Certify Class filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Exhibit(s) A# 2

Jan. 6, 2006
72

AFFIDAVIT in Opposition re 47 MOTION for Summary Judgment filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) A, Kelsey transcript# 2 Exhibit(s) B, Wright transcript# 3 Exhibit(s) C, Inmate Processing Policy# 4 Exhibit(s) D, 30(b)(6) deposition# 5 Exhibit(s) E, Kenyon Deposition# 6 Exhibit(s) F, Packard transcript# 7 Exhibit(s) G, Schaffer deposition# 8 Exhibit(s) Huber transcript# 9 Exhibit(s) I, Hatala transcript# 10 Exhibit(s) K, Van Wormer Affidaivt# 11 Exhibit(s) L, Marsh deposition# 12 Memorandum of Law # 13 Statement of Material Facts)(Rozger, Jason) (Entered: 01/06/2006)

Jan. 6, 2006
73

SEALED EXHIBIT J to Rozger Affirmation − maintained in Clerk's Office and not available for electronic viewing (ban) (Entered: 01/10/2006)

Jan. 10, 2006
74

REPLY to Response to Motion re 47 MOTION for Summary Judgment Filed under seal filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Conboy, Jacinda) (Entered: 01/13/2006)

Jan. 13, 2006
75

REPLY to Response to Motion re 46 MOTION to Certify Class filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) Exhibit M to Keach Affirmation −− Deposition transcript, Donald Mace# 2 Exhibit(s) Exhibit N −− Discovery Responses of John Kelsey# 3 Exhibit(s) Exhibit o −− Discovery Response of Timothy Wright# 4 Exhibit(s) Exhibit Q to Keach Affirmation −− Letter from Johnson to Keach, 10.13.04# 5 Memorandum of Law)(Keach, Elmer) (Entered: 01/13/2006)

Jan. 13, 2006
76

SEALED DOCUMENT (Attachments to Document #74)− maintained in Clerk's Office and not available for electronic viewing. (ban) (Entered: 01/25/2006)

Jan. 20, 2006
77

RESPONSE to Motion re 46 MOTION to Certify Class, 47 MOTION for Summary Judgment filed by John Kelsey, Timothy Wright. (Rozger, Jason) (Entered: 01/25/2006)

Jan. 25, 2006
78

LETTER BRIEF by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Conboy, Jacinda) (Entered: 01/27/2006)

Jan. 27, 2006
79

LETTER BRIEF Providing Supplemental Authority to the Court by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) Marriott Summary Judgment Decision)(Keach, Elmer) (Entered: 04/13/2006)

April 13, 2006
80

RESPONSE TO LETTER BRIEF filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard as to 79 LETTER BRIEF filed by John Kelsey,, Timothy Wright,. (Johnson, Gregg) (Entered: 04/17/2006)

April 17, 2006
81

LETTER BRIEF Providing the Court with Supplemental Case Authority by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) In Re Nassau County Strip Search Cases Decision)(Keach, Elmer) (Entered: 09/25/2006)

Sept. 25, 2006
83

NOTICE OF APPEAL as to 82 Order on Motion to Certify Class, Order on Motion for Summary Judgment by County of Schoharie, John S. Bates, Jr, Jim Hazzard. No fee paid. (Attachments: # 1 Appendix Certificate of Service)(Johnson, Gregg) (Entered: 03/05/2007)

March 5, 2007
84

MOTION for Certificate of Appealability Motion Hearing set for 4/6/2007 09:30 AM in Albany before Judge Lawrence E. Kahn. by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Affidavit supporting Affidavit of Gregg T. Johnson# 2 Exhibit(s) A − Steinberg v. Rockland County transcript# 3 Memorandum of Law supporting Memorandum of Law# 4 Appendix Certificate of Service) (Johnson, Gregg) (Entered: 03/05/2007)

March 5, 2007

USCA Appeal Fees received $ 455 receipt number ALB003329 re 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie (Appeals packet sent to Attorney).(ban) (Entered: 03/06/2007)

March 6, 2007

Set Deadlines as to 84 MOTION for Certificate of Appealability. Response to Motion due by 3/20/2007. Reply to Response to Motion due by 3/26/2007. (sas) (Entered: 03/07/2007)

March 7, 2007
85

ELECTRONIC NOTICE sent to US Court of Appeals re 83 Notice of Appeal (Appeals packet sent to Attorney).(ban) (Entered: 03/07/2007)

March 7, 2007
86

RESPONSE to Motion re 84 MOTION for Certificate of Appealability filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) A, Moll v. U.S. Life# 2 Exhibit(s) B, Ralph v. GMC# 3 Memorandum of Law)(Rozger, Jason) (Entered: 03/20/2007)

March 20, 2007
87

REPLY to Response to Motion re 84 MOTION for Certificate of Appealability filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Supplement Certificate of Service)(Johnson, Gregg) (Entered: 03/26/2007)

March 26, 2007
88

USCA Scheduling Order #1 as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie. USCA Case No. 07−0893−cv. Appealed to: Second Circuit USCA.Appeal Record due by 4/25/2007. (ban) (Entered: 04/24/2007)

April 24, 2007
89

USCA Scheduling Order #2 as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie. USCA Case No. 07−0893−cv. Appealed to: Second Circuit USCA. (ban) (Entered: 04/24/2007)

April 24, 2007
90

ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 83 Notice of Appeal (ban) (Entered: 04/24/2007)

April 24, 2007
92

AMENDED ELECTRONIC NOTICE sent to US Court of Appeals re 83 Notice of Appeal. Certificate of Appealability DENIED (pursuant to Dkt #91). (ban) (Entered: 05/25/2007)

May 25, 2007
93

AMENDED ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 83 Notice of Appeal. (ban) (Entered: 05/25/2007)

May 25, 2007
94

MANDATE of USCA as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie: DENYING Rule 23(f) petition as to class certification because an immediate appeal is not warranted. Appeal #07−0826−mv, issued as mandate 6/25/07. (lmp) (Entered: 06/29/2007)

June 29, 2007

Appeal Record Returned: Sealed Documents 47 − 50. (lmp) (Entered: 08/16/2007)

Aug. 16, 2007

Set Deadlines/Hearings: Pretrial Conference is set for 11/28/2007 at 10:30 AM in Albany before Senior Judge Lawrence E. Kahn. At the time of the conference, counsel will report on the status of the above−entitled action. Parties with full settlement authority are to be readily available during the conference. If settlement cannot be reached, counsel are to be prepared to discuss issues which may be raised at the time of trial. The attorneys of record are directed to discuss trial deadlines with each other (preconference) &will be prepared to stipulate to a trial date at the time of the conference. Several agreed upon proposed trial deadlines shall be made available to the Court for Judge Kahns consideration. (sas) (Entered: 11/13/2007)

Nov. 13, 2007
95

Letter Motion from Elmer Robert Keach III for John Kelsey, Timothy Wright requesting adjournment of pretrial conference submitted to Judge Lawrence E. Kahn. (Keach, Elmer) (Entered: 11/26/2007)

Nov. 26, 2007
96

ORDER granting 95 Letter Request. It is hereby Ordered that the Pre−trial Conference scheduled for 11/30/07 is adjourned until 12/13/07 at 10:30AM. The conditions relative to the conduct of this conference, as detailed in the Courts' prior order, remain in effect. Signed by Judge Lawrence E. Kahn on 11/26/07. (ban) (Entered: 11/27/2007)

Nov. 27, 2007

Reset Deadlines/Hearings: Final Pretrial Conference is reset for 12/19/2007 at 01:30 PM in Albany before Senior Judge Lawrence E. Kahn. Proceeding is adjourned at the request of the Court. (sas) (Entered: 11/29/2007)

Nov. 29, 2007

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 19, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who were charged with misdemeanors, violations, or held on civil matters and were strip searched upon their entry into the Schoharie County Jail. The class period commences on March 19, 2001, and extends until the search practice ceases.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Schoharie (Schoharie), County

Schoharie County Jail (Schoharie), County

Schoharie County (Schoharie), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run