Civil Rights Litigation Clearinghouse

Case: Lira v. Dona Ana County

1:06-cv-00179 | U.S. District Court for the District of New Mexico

Filed Date: March 7, 2006

Closed Date: 2008

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Case Summary

On March 7, 2006, seven individuals that had been arrested on minor offenses filed a class action civil rights suit under 42 U.S.C. § 1983 in the U.S. District Court for the District of New Mexico, challenging the strip search policy of the Dona Ana County Jail. Plaintiffs alleged that the Dona Ana County Sheriff had a blanket policy of strip searching all pre-arraignment detainees upon their arrival at the Jail, regardless of the offense charged, or whether their was any suspicion that the detainee possessed weapons or contraband. The plaintiffs, who were strip searched pursuant to this policy, alleged that that the policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as state tort law. Plaintiffs sought compensatory and punitive damages, declaratory and injunctive relief, as well as class certification. The Dona Ana County Sheriff generally denied the allegations.

Shortly after the suit was filed, the District Court (District Judge William P. Johnson) stayed the proceedings at the request of the parties so that they could pursue settlement negotiations. Ultimately, a settlement agreement was reached. After the initial settlement agreement, Judge Johnson entered an agreed order consolidating the case with a similar case styled Rodriguez v. Dona Ana County, which contested strip searches at the County juvenile detention facility. (See JI-NM-0003). The parties then filed an Amended Stipulation of Settlement, under which the Defendants agreed to pay $5.3 million to resolve all class claims. The stipulated Adult Settlement Class included all detainees who were strip searched between March 7, 2003, and March 7, 2006, at the Dona Ana County Jail prior to arraignment. The stipulated Juvenile Settlement class included all detainees who were strip searched between May 16, 2003, and May 16, 2006, at the Dona Ana Juvenile Detention Center. It was estimated that there were approximately 11,000 class members. Individual claims were to be paid per an agreed-upon distribution formula, with the range of expected pay-outs per individual claimant was estimated at $1,200 to $2,400. Representative plaintiffs would receive a total $200,000 or $25,000 per class representative. $1,666,667 of the settlement fund was allocated for attorneys' fees.

Judge Johnson preliminarily approved the settlement on December 20, 2007.

On May 20, 2008, the district court (Judge Johnson) issued a final approval of the settlement and a final judgment of dismissal in the case.

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Summary Authors

Kristen Sagar (10/3/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12522113/parties/lira-v-dona-ana-county-boar/

Judge(s)

Johnson, William Paul (New Mexico)

Lynch, William P. (New Mexico)

Attorneys(s) for Plaintiff

Bienvenu, John C. (New Mexico)

Donatelli, Mark H. (New Mexico)

Lilley, Jess R. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Carrillo, Raul A. Jr. (New Mexico)

Judge(s)

Johnson, William Paul (New Mexico)

Lynch, William P. (New Mexico)

Attorneys(s) for Plaintiff

Bienvenu, John C. (New Mexico)

Donatelli, Mark H. (New Mexico)

Lilley, Jess R. (New Mexico)

Rothstein, Robert R. (New Mexico)

Attorneys(s) for Defendant

Carrillo, Raul A. Jr. (New Mexico)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:06-cv-00179	Docket Lira v. Dona Ana County Board of Commissioners	July 31, 2008	July 31, 2008 Docket
1 1:06-cv-00179	Class Action Complaint Complaint Lira v. Dona Ana County Board of Commissioners	March 7, 2006	March 7, 2006 Complaint
38-1 1:06-cv-00179	Stipulation of Settlement Lira v. Dona Ana County Board of Commissioners	Sept. 19, 2007	Sept. 19, 2007 Settlement Agreement
38 1:06-cv-00179	Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Lira v. Dona Ana County Board of Commissioners	Sept. 19, 2007	Sept. 19, 2007 Pleading / Motion / Brief
46-2 1:06-cv-00179	Amended Stipulation of Settlement Lira v. Dona Ana County Board of Commissioners	Nov. 25, 2007	Nov. 25, 2007 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12522113/lira-v-dona-ana-county-boar/

Last updated Aug. 21, 2022, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (5 Summons(es) issued) (referred to Magistrate Judge William P. Lynch) (yc) (Entered: 03/08/2006)	March 7, 2006	March 7, 2006 Clearinghouse
	FILING FEE PAID: on 3/7/06 in the amount of $250.00, receipt #: 209492. (yc)	March 8, 2006	March 8, 2006 PACER
	LETTER re consent to proceed before a U.S. Magistrate Judge (yc)	March 8, 2006	March 8, 2006 PACER
2	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c by deft Dona Ana County Board on 3/8/06 (jrm) Modified on 03/31/2006 (Entered: 03/27/2006)	March 24, 2006	March 24, 2006 PACER
3	NOTICE by deft Dona Ana County Board of Service of Consent to Proceed before a US Magistrate Judge (nc) (Entered: 03/27/2006)	March 24, 2006	March 24, 2006 PACER
4	RETURN OF SERVICE executed upon defendant Christopher Barela on 3/27/06 (yc) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
5	RETURN OF SERVICE executed upon defendant Alfonso Soliz on 3/23/06 (yc) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
6	RETURN OF SERVICE executed upon defendant Cheryl Roach on 3/27/06 (yc) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
7	NOTICE by pltfs of refusal to consent to proceed before a U.S. Magistrate Judge (yc) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
8	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defts Dona Ana County Board, Christopher Barela, Alfonso Soliz and Cheryl Roach on 3/24/06 (jrm) Modified on 03/31/2006 (Entered: 03/28/2006)	March 27, 2006	March 27, 2006 PACER
9	MINUTE ORDER: transferring case to the Albuquerque Division and reassigning case from Magistrate Judge Lourdes A Martinez to District Judge William P. Johnson (cc: all counsel*) (jrm) (Entered: 03/28/2006)	March 28, 2006	March 28, 2006 PACER
10	UNOPPOSED MOTION by defts to extend time until 4/21/06 to answer the complaint (jrm) (Entered: 04/11/2006)	April 10, 2006	April 10, 2006 PACER
11	ORDER by Magistrate Judge William P. Lynch granting defts' motion to extend time until 4/21/06 to answer the complaint [10-1] (cc: all counsel) (yc) (Entered: 04/14/2006)	April 13, 2006	April 13, 2006 PACER
12	ORDER by Magistrate Judge William P. Lynch Telephonic Status conference set for 4/19/06 @ 10:30 am (cc: all counsel*) (jrm) (Entered: 04/18/2006)	April 18, 2006	April 18, 2006 PACER
13	CLERK'S MINUTES: before Magistrate Judge William P. Lynch Status conference held (*) (jrm) (Entered: 04/19/2006)	April 19, 2006	April 19, 2006 PACER
14	ORDER staying proceedings by Magistrate Judge William P. Lynch for a period of 90 days as further described herein; (cc: all counsel) (yc) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006 PACER
15	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by deft David Wooley on 5/10/06 (jrm) (Entered: 05/11/2006)	May 10, 2006	May 10, 2006 PACER
16	ORDER by Magistrate Judge William P. Lynch setting telephonic Status hearing on 8/14/06 @ 1:30 pm (cc: all counsel)* (jm) (Entered: 07/27/2006)	July 27, 2006	July 27, 2006 PACER
17	STIPUALTED MOTION by the parties to stay proceedings for another 90 days (yc) (Entered: 07/31/2006)	July 31, 2006	July 31, 2006 PACER
18	ORDER by Magistrate Judge William P. Lynch granting the stipulated motion to stay proceedings for another 90 days until 10/24/06; the Court will hold a status conference on 8/14/06 @ 1:30 p.m.; [17-1] (cc: all counsel) (yc) (Entered: 08/02/2006)	Aug. 1, 2006	Aug. 1, 2006 PACER
19	CLERK'S MINUTES: before Magistrate Judge William P. Lynch Status conference held (*) (jrm) (Entered: 08/14/2006)	Aug. 14, 2006	Aug. 14, 2006 PACER
20	NOTICE by defts of change of address (jrm) (Entered: 09/19/2006)	Sept. 18, 2006	Sept. 18, 2006 PACER
21	ORDER by Magistrate Judge William P. Lynch Telephonic Status conference set for 11/15/06 @ 4:00 PM (cc: all counsel*) (jrm) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
22	CLERK'S MINUTES: before Magistrate Judge William P. Lynch Status conference held on 11/15/06 (sl) (Entered: 11/16/2006)	Nov. 16, 2006	Nov. 16, 2006 PACER
23	JOINT MOTION by parties for continuation of stay (*) (jrm) (Entered: 11/17/2006)	Nov. 16, 2006	Nov. 16, 2006 PACER
24	ORDER by Magistrate Judge William P. Lynch granting motion for continuation of stay of proceedings [23-1] (cc: all counsel) (yc) (Entered: 11/17/2006)	Nov. 17, 2006	Nov. 17, 2006 PACER
25	ORDER by Judge William P Lynch In Chambers Conference set for 3/15/2007 08:30 AM in Las Cruces - Judge William P. Lynch Chambers before Magistrate Judge William P Lynch. (nl) (Entered: 03/02/2007)	March 2, 2007	March 2, 2007 PACER
26	Clerk's Minutes for proceedings held before Judge William P Lynch : In Chambers Conference held on 3/15/2007. (nl) (Entered: 03/15/2007)	March 15, 2007	March 15, 2007 PACER
27	ORDER by Judge William P Lynch In Chambers Conference set for 6/19/2007 09:00 AM in Las Cruces - Judge William P. Lynch Chambers before Magistrate Judge William P Lynch. (nl) (Entered: 03/15/2007)	March 15, 2007	March 15, 2007 PACER
28	Joint MOTION to Continue of stay by Dona Ana County Board of Commissioners. (Carrillo, Raul) (Entered: 04/03/2007)	April 3, 2007	April 3, 2007 PACER
29	Joint MOTION for Order granting continuation of stay by Dona Ana County Board of Commissioners. (Carrillo, Raul) (Entered: 04/03/2007)	April 3, 2007	April 3, 2007 PACER
30	NOTICE OF DEFICIENCY sent to Atty R. Carrillo re 29 Joint MOTION for Order granting continuation of stay; "Incorrect Document - Order filed" (jrm) (Entered: 04/04/2007)	April 4, 2007	April 4, 2007 PACER
31	ORDER by Judge William P Lynch granting 28 Motion to Continue; granting 29 ORDER on Motion for Order (nl) (Entered: 04/04/2007)	April 4, 2007	April 4, 2007 PACER
32	NOTICE by Dona Ana County Board of Commissioners Change of Law Firm Name (Carrillo, Raul) (Entered: 05/03/2007)	May 3, 2007	May 3, 2007 PACER
33	Clerk's Minutes for proceedings held before Judge William P Lynch : Status Conference held on 6/19/2007. (nl) (Entered: 06/19/2007)	June 19, 2007	June 19, 2007 PACER
34	NOTICE by Dona Ana County Board of Commissioners of Non-Availability (Carrillo, Raul) (Entered: 07/02/2007)	July 2, 2007	July 2, 2007 PACER
35	NOTICE OF DEFICIENCY sent to Atty R. Carrillo, Jr re 34 Notice (Other) DOCUMENT "E" FILED IN WRONG CASE NUMBER" (jrm) (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 PACER
36	Stipulated Confidentiality Order by Judge William P Lynch (nl) (Entered: 07/27/2007)	July 27, 2007	July 27, 2007 PACER
37	ORDER TO FILE CLOSING DOCUMENTS by Judge William P Lynch (nl) (Entered: 08/20/2007)	Aug. 20, 2007	Aug. 20, 2007 PACER
38	Unopposed MOTION to Approve Settlement Of Class Action by Jesus Lira. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rothstein, Robert) (Entered: 09/19/2007)	Sept. 19, 2007	Sept. 19, 2007 Clearinghouse
39	AFFIDAVIT re 38 Unopposed MOTION to Approve Settlement Of Class Action Of John C. Bienvenu by Jesus Lira (Rothstein, Robert) (Entered: 09/19/2007)	Sept. 19, 2007	Sept. 19, 2007 PACER
40	NOTICE of Hearing on Preliminary Approval of Settlement Agreement set for 10/9/2007 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (mag)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/26/2007)	Sept. 26, 2007	Sept. 26, 2007 PACER
41	MINUTE ORDER resetting Settlement Conference for 10/9/2007 at 02:00 PM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(mag) (Entered: 09/27/2007)	Sept. 27, 2007	Sept. 27, 2007 PACER
42	Clerk's Minutes for proceedings held before Judge William P. Johnson: Preliminary Approval of Class Action Settlement Hearing held on 10/09/2007. (Court Reporter T. Garrett.) (rwg) (Entered: 10/10/2007)	Oct. 10, 2007	Oct. 10, 2007 PACER
43	ORDER by Judge William P. Johnson granting preliminary approval of Settlement Agreement and setting a Final Approval Hearing for 3/31/2008 at 01:30 PM in Las Cruces - Small 3rd Floor Courtroom.(mag) (Entered: 10/12/2007)	Oct. 12, 2007	Oct. 12, 2007 PACER
44	Joint MOTION to Consolidate Cases by Jesus Lira. (Rothstein, Robert) (Entered: 11/14/2007)	Nov. 14, 2007	Nov. 14, 2007 PACER
45	ORDER by Judge William P. Johnson granting 44 Motion to Consolidate Case with CV-06-416 JH/CEG. (mag) (Entered: 11/21/2007)	Nov. 21, 2007	Nov. 21, 2007 PACER
46	Joint MOTION to Approve Settlement Preliminary of Amended Class Action Settlement Agreement by Jesus Lira. (Attachments: # 1 Exhibit "A" - Amended Stipulation of Settlement# 2 Exhibit "B" - Order Granting Preliminary Approval)(Rothstein, Robert) (Entered: 11/25/2007)	Nov. 25, 2007	Nov. 25, 2007 PACER
47	NOTICE of Hearing on 46 Joint MOTION to Approve Settlement Preliminary of Amended Class Action Settlementset for 12/19/2007 02:00 PM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. Please be advised that this hearing may be continued due to the Courts trailing trial docket currently set to begin on December 18, 2007, in Las Cruces, NM. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(mag) (Entered: 11/29/2007)	Nov. 29, 2007	Nov. 29, 2007 PACER
48	AFFIDAVIT re 46 Joint MOTION to Approve Settlement Preliminary of Amended Class Action Settlement Agreement of John C. Bienvenu in Support of Joint Motion by Jesus Lira (Bienvenu, John) (Entered: 12/18/2007)	Dec. 18, 2007	Dec. 18, 2007 PACER
49	Clerk's Minutes for proceedings held before Judge William P. Johnson: Motion Hearing held on 12/19/2007 re 46 Joint MOTION for Preliminary Approval of Amended Class Action Settlement Agreement. Court to set final settlement hearing in Las Cruces in May. (Court Reporter T. Garrett.) (rwg) (Entered: 12/19/2007)	Dec. 19, 2007	Dec. 19, 2007 PACER
50	ORDER by Judge William P. Johnson granting preliminary approval of settlement and setting Final Approval Hearing on 5/12/2008 01:30 PM in Las Cruces - Second Floor Visiting Judge Courtroom.(mag) (Entered: 12/20/2007)	Dec. 20, 2007	Dec. 20, 2007 PACER
51	MINUTE ORDER by Judge William P. Johnson vacating the 3/31/07 Approval Hearing pursuant to the Order 50 entered on 12/20/07. (mag) (Entered: 12/20/2007)	Dec. 20, 2007	Dec. 20, 2007 PACER
52	[FILED IN ERROR] NOTICE of Proposed Settlement and claim form by Felipe Balderrama (vv) Modified on 4/30/2008 to add error text [vv] (Entered: 04/29/2008)	April 28, 2008	April 28, 2008 PACER
53	Unopposed MOTION to Approve Settlement of Class Action by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler. (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
54	Unopposed MOTION for Attorney Fees, Costs and Incentive Payments by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler. (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
55	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of John C. Bienvenu by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
56	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of Marc A. Lilley by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
57	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of Amber Rodriguez by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
58	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of Mark H. Donatelli by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
59	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of Ryanne Fitzgerald by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
60	AFFIDAVIT re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments, 53 Unopposed MOTION to Approve Settlement of Class Action of Robert R. Rothstein by Jesus Lira, Ben Garcia, Amber Rodriguez, Graciela Martinez, Stephen Culler, Cynthia Archer, Frederick Garcia, Douglas Beidler (Bienvenu, John) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
61	Clerk's Minutes for proceedings held before District Judge William P. Johnson: Settlement Conference held on 5/12/2008. (Court Reporter T Garrett.) (vv) (Entered: 05/12/2008)	May 12, 2008	May 12, 2008 PACER
62	Final judgment of dismissal and ORDER by District Judge William P. Johnson granting 38 46 53 Motion to Approve Settlement (vv) (Entered: 05/20/2008)	May 20, 2008	May 20, 2008 PACER
63	NOTICE by Jesus Lira re 54 Unopposed MOTION for Attorney Fees, Costs and Incentive Payments Notice of Accounting Error (Bienvenu, John) (Entered: 07/31/2008)	July 31, 2008	July 31, 2008 PACER
65	REDACTION to 64 Letter (vv) (Entered: 10/29/2008)	Oct. 27, 2008	Oct. 27, 2008 PACER
66	Joint MOTION to Approve Settlement Distribution of Settlement Proceeds by Jesus Lira. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rothstein, Robert) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
67	ORDER by District Judge William P. Johnson granting 66 Motion to Approve Settlement (vv) (Entered: 04/12/2011)	April 12, 2011	April 12, 2011 PACER

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Case Details

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who, from March 3, 2003 to the present, were arrested and subjected to a strip search and/or body cavity search at the Dona Ana County Detention Facility without reasonable suspicion of contraband or weapons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Dona Ana County (Doña Ana), County

Dona Ana County Sheriff's Department (Doña Ana), County

Case Details

Causes of Action:

42 U.S.C. § 1983