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)

Motz, J. Frederick (Maryland)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Bardacke, Paul (New Mexico)

Becker, Grace Chung (District of Columbia)

Bienvenu, John C. (New Mexico)

Brown Cutlar, Shanetta Y. (District of Columbia)

Donatelli, Mark H. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Dickman, Michael (New Mexico)

Judge(s)

Black, Bruce D. (New Mexico)

Motz, J. Frederick (Maryland)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Bardacke, Paul (New Mexico)

Becker, Grace Chung (District of Columbia)

Bienvenu, John C. (New Mexico)

Brown Cutlar, Shanetta Y. (District of Columbia)

Donatelli, Mark H. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Dickman, Michael (New Mexico)

Eaton, P. Scott (New Mexico)

Phillips, Grace (New Mexico)

Van Luchene, Gary J. (New Mexico)

Wihl, Kurt (New Mexico)

Expert/Monitor/Master

Patton, Mark (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 21, 2007 Docket
1

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

Jan. 12, 2005 Complaint
40

Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement

July 6, 2006 Pleading / Motion / Brief

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

July 24, 2006 Notice Letter
45

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

July 24, 2006 Order/Opinion
49-1

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

Sept. 18, 2006 Notice Letter
50

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

Sept. 20, 2006 Order/Opinion

Class Action Claim Form

Nov. 27, 2006 Other
57

Affidavit of Robert R. Rothstein in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement and Approval of Attorneys Fees, Costs and Incentive Payments

Dec. 1, 2006 Pleading / Motion / Brief
60

Affidavit of Paul Bardacke in Support of Approval of Attorneys Fees and Costs

Dec. 1, 2006 Pleading / Motion / Brief

Resources

Title Description External URL

Leyba, et al. v. Santa Fe County Board of Commissioners, et al. (Unlawful Strip Searches)

Project on Government Oversight

In January 2005, a federal class action lawsuit was filed on behalf of all prisoners booked into the Santa Fe County Jail when it was run by Management and Training Corp. The lawsuit alleged that sta… https://www.contractormisconduct.org/misconduct/674/leyba-et-al-v-santa-fe-county-board-of-commissioners-et-al-unlawful-strip-searches

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Jan. 12, 2005

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

Jan. 12, 2005
2

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

Jan. 18, 2005
3

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

Jan. 25, 2005
4

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

Jan. 25, 2005
5

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

Jan. 25, 2005
6

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

Jan. 25, 2005
7

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

Jan. 25, 2005
8

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

Jan. 26, 2005
9

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

Feb. 3, 2005
10

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

Feb. 9, 2005
11

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

Feb. 18, 2005
12

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)

Feb. 24, 2005
13

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

Feb. 28, 2005
14

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

March 6, 2005
15

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)

March 16, 2005
16

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

March 21, 2005
17

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

March 29, 2005
18

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

March 29, 2005
19

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

April 4, 2005
20

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

April 6, 2005
21

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)

April 6, 2005
22

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

April 8, 2005
23

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

April 18, 2005
25

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

April 25, 2005
26

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)

April 27, 2005
69

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

Aug. 9, 2005
27

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

Aug. 10, 2005
28

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)

Oct. 17, 2005
29

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

Dec. 19, 2005
30

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)

Dec. 21, 2005
31

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)

Feb. 27, 2006
32

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

March 2, 2006
33

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)

March 3, 2006
34

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)

March 3, 2006
35

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)

May 3, 2006
36

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)

May 31, 2006
37

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

June 5, 2006
38

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

June 19, 2006
39

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)

June 23, 2006
40

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

July 6, 2006
41

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)

July 6, 2006
42

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)

July 6, 2006
44

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)

July 19, 2006
45

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)

July 24, 2006
46

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)

Aug. 14, 2006
47

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)

Aug. 28, 2006
48

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)

Sept. 18, 2006
49

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)

Sept. 18, 2006
50

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)

Sept. 20, 2006
51

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

Nov. 2, 2006
52

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)

Nov. 3, 2006
53

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)

Nov. 3, 2006
54

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

Dec. 1, 2006
55

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)

Dec. 1, 2006
56

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

Dec. 1, 2006
57

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

Dec. 1, 2006
58

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

Dec. 1, 2006
59

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

Dec. 1, 2006
60

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)

Dec. 1, 2006
61

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)

Dec. 4, 2006
63

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)

Dec. 8, 2006
64

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

Dec. 11, 2006
66

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)

Sept. 25, 2007
65

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

Sept. 28, 2007
68

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

Dec. 21, 2007

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

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

Management and Training Corporation (Santa Fe), Private Entity/Person

Santa Fe County (Santa Fe), County

Santa Fe County Detention Facility (Santa Fe), County

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run