Case: Leyba v. Santa Fe County

6:05-cv-00036 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 12, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 12, 2005, a group of pre-arraignment detainees filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for New Mexico, challenging the strip search policy in effect at the Santa Fe County Detention Facility. The policy at issue required that all persons to be housed in the Detention Center be strip searched for weapons and contraband, regardless of the offense charged and whether or not there was individualized reasonable suspici…

On January 12, 2005, a group of pre-arraignment detainees filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for New Mexico, challenging the strip search policy in effect at the Santa Fe County Detention Facility. The policy at issue required that all persons to be housed in the Detention Center be strip searched for weapons and contraband, regardless of the offense charged and whether or not there was individualized reasonable suspicion that the search would lead to the discovery of contraband or weapons. Plaintiffs maintained that the policy violated the Fourth Amendment's ban on unreasonable searches and seizures. They sought monetary damages and injunctive relief. Management & Training Corporation (the company that was contracted to operated the Detention Center), the Santa Fe County Board of Commissioners and Santa Fe County Sheriffs were named as defendants.

From January 2005 through November 2005, the parties engaged in extensive discovery, including document production, numerous depositions, inspection of the Detention Center and analysis of over 31,000 individual booking records. Settlement talks began in 2005 and included a six day mediation session before retired District Court Judge Raul A. Ramirez of California. Negotiations continued until a deal was reached in June 2006.

On July 24, 2006, the District Court (District Judge Bruce D. Black) preliminarily approved the Stipulation of Settlement and certified the case as a class action.

Following a fairness hearing, the District Court entered its final order approving the settlement and closing the case on December 8, 2006. Under the terms of the settlement, defendants agreed to pay $8.5 million into a settlement fund. Up to $5,529,750.00, plus interest earned on the settlement fund, would be allocated to pay verified claims. If the total amount of verified claims exceeded that amount, the amount payable to each member for each claim would be proportionately reduced. If the total amount of verified claims was less than that amount, the balance would be refunded to the defendants. $2 million was allocated for attorneys' fees and costs, and $470,250.00 was allocated equally among the class representatives. Up to $500,000 was to be paid for claims administration costs, with restrictions to come into play if administration expenses incurred were more or less than that amount.

The case is now closed.

Summary Authors

Dan Dalton (2/17/2008)

Lakshmi Gopal (2/21/2016)

Virginia Weeks (10/18/2016)

People


Judge(s)

Black, Bruce D. (New Mexico)

Attorney for Plaintiff

Bardacke, Paul (New Mexico)

Becker, Grace Chung (District of Columbia)

Bienvenu, John C. (New Mexico)

Brown Cutlar, Shanetta Y. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

6:05-cv-00036

Docket (PACER)

Dec. 21, 2007

Dec. 21, 2007

Docket
1

6:05-cv-00036

Class Action Complaint for Damages for Violation of Civil and Constitutional Rights and for Declaratory and Injunctive Rights

Jan. 12, 2005

Jan. 12, 2005

Complaint
40

6:05-cv-00036

Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement

July 6, 2006

July 6, 2006

Pleading / Motion / Brief

6:05-cv-00036

Notice of Proposed Settlement of Santa Fe County Class Action Strip Search Case

July 24, 2006

July 24, 2006

Order/Opinion
45

6:05-cv-00036

Order Granting Preliminary Approval of Settlement Agreement and Approving the Form and Manner of Notice

July 24, 2006

July 24, 2006

Order/Opinion
49-1

6:05-cv-00036

Supplement [re motion for order for entry of stipulated order amending preliminary approval of settlement agreement]

Sept. 18, 2006

Sept. 18, 2006

Order/Opinion
50

6:05-cv-00036

Stipulated Order Amending Preliminary Approval of Settlement Agreement and the Form and Manner of Notice

Sept. 20, 2006

Sept. 20, 2006

Order/Opinion

6:05-cv-00036

Class Action Claim Form

Nov. 27, 2006

Nov. 27, 2006

Other
54

6:05-cv-00036

Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief
55

6:05-cv-00036

Memo in Support of Approval of Reasonable Attorneys Fees, Costs and Incentive Payments

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief

Resources

Docket

Last updated March 25, 2025, 8:11 a.m.

ECF Number Date Description Link
1 Jan. 12, 2005

CLASS ACTION COMPLAINT FOR DAMAGES (5 Summons(es) issued) (referred to Magistrate Judge Alan C. Torgerson) (mjr) (Additional attachment(s) added on 8/14/2012: # 1 Civil Cover Sheet) (kg). (Entered: 01/13/2005)

PACER
Jan. 12, 2005

FILING FEE PAID: on 1/12/05 in the amount of $150.00, receipt #: 504969. (mjr) (Entered: 01/13/2005)

PACER
2 Jan. 18, 2005

ENTRY OF APPEARANCE for defts Management &Training &Kerry Dixon by P. Scott Eaton* (dmw) (Entered: 01/18/2005)

PACER
3 Jan. 25, 2005

RETURN OF SERVICE executed upon deft Management &Training on 1/14/05 (mjr) (kg). (Entered: 01/25/2005)

PACER
4 Jan. 25, 2005

RETURN OF SERVICE executed upon deft Kerry Dixon on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

PACER
5 Jan. 25, 2005

RETURN OF SERVICE executed upon deft Santa Fe County on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

PACER
6 Jan. 25, 2005

RETURN OF SERVICE executed upon deft Greg Solano on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

PACER
7 Jan. 25, 2005

NOTICE by pltfs of refusal to consent to proceed before Magistrate Judge Don J. Svet (mjr) (Entered: 01/25/2005)

PACER
8 Jan. 26, 2005

MINUTE ORDER: Case reassigned from Magistrate Judge Don J. Svet to District Judge Bruce D. Black (cc: all counsel) (mjr) (Entered: 01/26/2005)

PACER
9 Feb. 3, 2005

ANSWER by Management &Training &Kerry Dixon [1−1]* (dmw) (Entered: 02/03/2005)

PACER
10 Feb. 9, 2005

ENTRY OF APPEARANCE for deft Management &Train by Kurt Wihl, Gary J. Van Luchene (jrm) (Entered: 02/10/2005)

PACER
11 Feb. 18, 2005

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by deft Raymond L Sisneros on 2/18/05 (td) (Entered: 02/18/2005)

PACER
12 Feb. 24, 2005

ENTRY OF APPEARANCE for defts Santa Fe County Board of Commissioners, Greg Solano, &Raymond L Sisneros by Michael Dickman &Grace Philips (td) (Entered: 02/25/2005)

PACER
13 Feb. 28, 2005

ANSWER to complaint by defts Santa Fe County, Greg Solano &Raymond L Sisneros [1−1] (pz) (Entered: 03/01/2005)

PACER
14 March 6, 2005

NOTICE by defendant Management &Training of Rule 7.1 disclosure statement* (dmw) (Entered: 03/07/2005)

PACER
15 March 16, 2005

INITIAL SCHEDULING ORDER by Magistrate Judge Alan C. Torgerson Rule 16 scheduling conference set for 4/14/05 at 2:00 pm; provisional discovery plan and IPTR due on 4/4/05 (cc: all counsel*) (sl) (Entered: 03/16/2005)

PACER
16 March 21, 2005

NOTICE/CONSENT by movant John Murray of consent to be a member of the class (td) (Entered: 03/21/2005)

PACER
17 March 29, 2005

CERTIFICATE of service by defts of initial disclosures to counsel on 3/29/05 (td) (Entered: 03/29/2005)

PACER
18 March 29, 2005

ERRATA/NOTICE OF CORRECTIONS by Santa Fe County, Greg Solano &Raymond L Sisneros to Answer [13−1] (td) (Entered: 03/29/2005)

PACER
19 April 4, 2005

PROVISIONAL DISCOVERY PLAN by the parties* (kd) (Entered: 04/04/2005)

PACER
20 April 6, 2005

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 4/6/05 * (vv) (Entered: 04/06/2005)

PACER
21 April 6, 2005

ORDER by District Judge Bruce D. Black striking the qualified immunity portion of the third defense by defts MTC &Dixon in their answer [9−1] (cc: all counsel) (dmw) (Entered: 04/06/2005)

PACER
22 April 8, 2005

CERTIFICATE by defendant Management &Training Corp of service of initial disclosures to counsel on 4/7/05 (dmw) (Entered: 04/08/2005)

PACER
23 April 18, 2005

CLERK'S MINUTES: before Magistrate Judge Alan C. Torgerson Rule 16 scheduling conference held 4/14/05 * (pr) (Entered: 04/19/2005)

PACER
25 April 25, 2005

CERTIFICATE by defendant Management &Training of service of first interrogatories &request for production to counsel on 4/25/05 (dmw) (Entered: 04/26/2005)

PACER
26 April 27, 2005

INITIAL PRE−TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Alan C. Torgerson; Discovery set for 4/14/06; mtn filing ddl set for 5/19/06; proposed pretrial order due 8/18/06; pretrial conference set for 1:30 pm on 9/21/06; jury trial set for 9:00 am on 10/2/06; Estimated # of Trial Days: unable to estimate; Chances of Settlement: unknown (cc: all counsel) (dmw) (Entered: 04/27/2005)

PACER
69 Aug. 9, 2005

Letter by Kurt Wihl (kg) (Entered: 08/14/2012)

PACER
27 Aug. 10, 2005

STIPULATED CONFIDENTIALITY ORDER by District Judge Bruce D. Black as described herein (cc: all counsel) (vv) (Entered: 08/10/2005)

PACER
28 Oct. 17, 2005

ORDER by Magistrate Judge Alan C. Torgerson amending case management deadlines Discovery cutoff 5/31/06; Motion Filing cutoff 6/30/06; Pretrial order ddl 8/18/06 (cc: all counsel*) (dmw) (Entered: 10/18/2005)

PACER
29 Dec. 19, 2005

JOINT MOTION to stay proceedings until 2/28/06 * (dmw) (Entered: 12/20/2005)

PACER
30 Dec. 21, 2005

ORDER by Magistrate Judge Alan C. Torgerson granting joint motion to stay proceedings until 2/28/06 [29−1] (cc: all counsel) (dmw) (Entered: 12/21/2005)

PACER
31 Feb. 27, 2006

UNOPPOSED MOTION by defts Raymond L Sisneros, Greg Solano &Santa Fe County to withdraw attorney Grace Philips for defts Raymond L Sisneros, Greg Solano &Santa Fe County (pz) (Entered: 02/28/2006)

PACER
32 March 2, 2006

JOINT MOTION by all parties to stay proceedings * (ln) (Entered: 03/02/2006)

PACER
33 March 3, 2006

ORDER by Magistrate Judge Alan C. Torgerson granting joint motion to stay proceedings until 05/01/06 [32−1] (cc: all counsel) (ln) (Additional attachment(s) added on 8/14/2012: # 1 Envelope) (kg). (Entered: 03/03/2006)

PACER
34 March 3, 2006

ORDER by District Judge Bruce D. Black granting mtn to withdraw attorney Grace Philips for defts Raymond L Sisneros, Greg Solano &Santa Fe County [31−1] (cc: all counsel)* (jm) (Entered: 03/03/2006)

PACER
35 May 3, 2006

ORDER by Magistrate Judge Alan C. Torgerson that the parties have reached a settlement, closing documents are due 05/31/06 to Judge Black, as further described herein (cc: all counsel*) (ln) (Entered: 05/03/2006)

PACER
36 May 31, 2006

ORDER by Magistrate Judge Alan C. Torgerson that parties were instructed to submit their closing documentation by 06/23/06 to Judge Black, as further described herein (cc: all counsel*) (ln) (Entered: 05/31/2006)

PACER
37 June 5, 2006

NOTICE by Santa Fe County defts of counsel's non−availability 6/26/06 thru 7/7/06 (pz) (Entered: 06/06/2006)

PACER
38 June 19, 2006

NOTICE by John Murray of change of address (ln) (Entered: 06/20/2006)

PACER
39 June 23, 2006

ORDER by Magistrate Judge Alan C. Torgerson that parties to submit settlement documents by 7/10/06 to Judge Black; Status Conference set for 7/10/06 @ 10:00 a.m. (cc: all counsel*) (pr) (Entered: 06/23/2006)

PACER
40 July 6, 2006

JOINT UNOPPOSED MOTION for order for preliminary approval of class action settlement agreement (pz) (Entered: 07/06/2006)

PACER
41 July 6, 2006

AFFIDAVIT of John C Bienvenu regarding joint unopposed motion for order for preliminary approval of class action settlement agreement [40−1] (pz) (Entered: 07/06/2006)

PACER
42 July 6, 2006

CERTIFICATE of service by pltfs of Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement &Affidavit of John C Bienvenu to counsel on 7/6/06 (pz) (Entered: 07/06/2006)

PACER
44 July 19, 2006

CLERK'S MINUTES: before District Judge Bruce D. Black re: motion for order for preliminary approval of class action settlement agreement [40−1] ; hearing held 7/19/06 C/R: J. Bean* (ln) Modified on 07/20/2006 (Entered: 07/19/2006)

PACER
45 July 24, 2006

ORDER by District Judge Bruce D. Black granting joint unopposed motion for preliminary approval of class action settlement agreement and approving the form and manner of notice [40−1] (cc: all counsel) (ln) (Entered: 07/24/2006)

PACER
46 Aug. 14, 2006

STIPULATED ORDER by District Judge Bruce D. Black appointing Settlement Services, Inc. of Tallahassee, Florida as class settlement administrator (cc: all counsel) (ln) (Entered: 08/14/2006)

PACER
47 Aug. 28, 2006

STIPULATED ORDER by District Judge Bruce D. Black modifying the procedures related to payment of claims administration costs (cc: all counsel) (mjr) (Entered: 08/28/2006)

PACER
48 Sept. 18, 2006

JOINT UNOPPOSED MOTION by parties for order for entry of stipulated order amending preliminary approval of settlement agreement and the form and manner of notice * (ln) (Entered: 09/18/2006)

PACER
49 Sept. 18, 2006

SUPPLEMENT re motion for order for entry of stipulated order amending preliminary approval of settlement agreement and the form and manner of notice [48−1]* (ln) (Entered: 09/18/2006)

PACER
50 Sept. 20, 2006

ORDER by District Judge Bruce D. Black granting the joint motion for order for entry of stipulated order amending approval of settlement agreement and the form and manner of notice [48−1] (cc: all counsel) (mjr) (Entered: 09/20/2006)

PACER
51 Nov. 2, 2006

MOTION by pltf for extension of deadline for submission of claim forms * (ln) (Entered: 11/02/2006)

PACER
52 Nov. 3, 2006

ORDER by District Judge Bruce D. Black granting pltfs' mtn for extension of deadline for submission of claim forms until 11/27/06 [51−1] (cc: all counsel) (td) (Entered: 11/03/2006)

PACER
53 Nov. 3, 2006

RESPONSE by deft Management &Training Corporation and Kerry Dixon to pltfs' motion for entry of order extending deadline for submission of claim forms [51−1]* (ln) (Entered: 11/06/2006)

PACER
54 Dec. 1, 2006

JOINT MOTION for final approval of class action settlement * (dmw) (Entered: 12/01/2006)

PACER
55 Dec. 1, 2006

MEMORANDUM by plaintiffs in support of motion for final approval of class action settlement (approval of reasonable attorneys fees, costs &incentive payments) [54−1]* (dmw) (Entered: 12/01/2006)

PACER
56 Dec. 1, 2006

AFFIDAVIT of John C Bienvenu in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

PACER
57 Dec. 1, 2006

AFFIDAVIT of Robert R Rothstein in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

PACER
58 Dec. 1, 2006

AFFIDAVIT of Elizabeth Leyba in support of joint motion for final approval of class action settlement [54−1] (dmw) (Entered: 12/01/2006)

PACER
59 Dec. 1, 2006

AFFIDAVIT of Mark Patton in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

PACER
60 Dec. 1, 2006

AFFIDAVIT of Paul Bardacke in support of motion for final approval of class action settlement (approval of attorneys fees &costs) [54−1]* (dmw) (Entered: 12/01/2006)

PACER
61 Dec. 4, 2006

NOTICE by District Judge Black relocating the 12/08/06 hearing at 10:00 am to USDC Rio Grande courtroom, in Albuquerque, NM* (ln) (Entered: 12/04/2006)

PACER
63 Dec. 8, 2006

FINAL JUDGMENT: by District Judge Bruce D. Black granting joint unopposed motion for final approval of class action settlement [54−1] dismissing case (cc: all counsel) (ln) (Entered: 12/08/2006)

PACER
64 Dec. 11, 2006

CLERK'S MINUTES: before District Judge Bruce D. Black re final settlement approval C/R: J. Bean (*) (ln) (Entered: 12/11/2006)

PACER
66 Sept. 25, 2007

NOTICE OF APPEAL to the district court from the judgment or final order of the case administrator by Dale A. Richman. (mjr) (Entered: 10/19/2007)

PACER
65 Sept. 28, 2007

NOTICE OF APPEAL of the claims decision by the claims administrators pursuant to the settlement agreement by Sharon Fried. (mjr) (Entered: 10/19/2007)

PACER
68 Dec. 21, 2007

NOTICE OF WITHDRAWAL OF DOCUMENT as to 65 Notice of Appeal by Sharon Fried (mjr) (Entered: 12/21/2007)

PACER

Case Details

State / Territory:

New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: Jan. 12, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All who, from January 12, 2002 to the present, were arrested and subjected to a strip search and/or body cavity search at the Santa Fe County Detention Facility without reasonable suspicion of the discovery of contraband or weapons.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Santa Fe County

Santa Fe County Detention Facility

Private Entity/Person

Management and Training Corporation

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

Other Dockets:

District of New Mexico 6:05-cv-00036

District of New Mexico 1:05-cv-01772

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation