Case: Mitchell v. Clinton County

8:06-cv-00254 | U.S. District Court for the Northern District of New York

Filed Date: Feb. 28, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 29, 2003, a woman represented by a group of private attorneys from New York and D.C. law firms filed a class action suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York, alleging that the Clinton County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Clinton County Jail, regardless of the crime for which they were charged and without reasonable suspicion that th…

On April 29, 2003, a woman represented by a group of private attorneys from New York and D.C. law firms filed a class action suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York, alleging that the Clinton County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Clinton County Jail, regardless of the crime for which they were charged and without reasonable suspicion that the individuals were concealing weapons or contraband. Plaintiff alleged that the unconstitutional strip searches were conducted pursuant to a written policy up to October 24, 2003. Plaintiff further alleged that while the County's written policy was revised on October 24, 2003, corrections officers ignored the revised policy and continued to carry out the practice of blanket strip searches. Plaintiff sought declaratory and injunctive relief, monetary and punitive damages, and class certification. Defendants, the County and the Sheriff, answered by generally denying all allegations.

Extensive discovery and litigation followed.

On July 5, 2007, the District Court certified the case as a class action. The class consisted of all persons in either of two subclasses, A or B, who were placed into the custody of the Clinton County Jail after being charged with misdemeanors, violations, violations of probation or parole, traffic infractions, civil commitments or other minor crimes and were strip searched upon their entry into the Clinton County Jail pursuant to the policy, custom and practice of the Clinton County Sheriff's Department and the County of Clinton. Class A included those strip searched between February 28, 2003 and October 24, 2003, while Class B included those strip searched between October 24, 2003 and the date on which the Clinton County Sheriff's Department and/or the County of Clinton ceased, or was enjoined from, enforcing their unconstitutional policy. Mitchell v. County of Clinton, 2007 WL 1988716 (N.D. N.Y. July 05, 2007). A representative plaintiff was approved for class A and plaintiffs were granted leave, over defendants' objection, to name a representative plaintiff for class B. Mitchell v. County of Clinton, 2008 WL 85092 (N.D. N.Y. Jan. 07, 2008).

On October 8, 2008, the parties reached a settlement agreement. Under the terms of the settlement, the defendants agreed to pay $1.15 million to the estimated 2,700 potential members of the plaintiff class.

On December 4, 2009, Magistrate Judge David R. Homer released a final order granting approval of the class action settlement for all members of the class who did not opt out of the settlement. In addition, the representative member of each of the two subclasses received specific amounts of compensation, with $25,000 for the representative of Class A and $10,000 for the representative of Class B. The plaintiffs were also granted $324,730.93 in attorney's fees. The case is now closed.

Summary Authors

Kristen Sagar (6/16/2009)

Kat Brausch (3/27/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5425267/parties/mitchell-v-the-county-of-clinton/


Judge(s)

Homer, David R. (New York)

Mordue, Norman A. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Judge(s)

Homer, David R. (New York)

Mordue, Norman A. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Schumann-McGhee, Bethany (New York)

Warren, Alexandra C. (District of Columbia)

Attorneys(s) for Defendant

Brown, Rodney (New York)

Conboy, Jacinda Hall (New York)

Johnson, Gregg T. (New York)

Quesnel, Scott P. (New York)

Documents in the Clearinghouse

Document

8:06-cv-00254

Docket (PACER)

Mitchell v. The County of Clinton

Jan. 12, 2010

Jan. 12, 2010

Docket
1

8:06-cv-00254

Class Action Complaint

Feb. 27, 2006

Feb. 27, 2006

Complaint
14

8:06-cv-00254

Order to Show Cause Why Defendants Should Not be Compelled to Obtain Separate Counsel

June 22, 2006

June 22, 2006

Order/Opinion
35-1

8:06-cv-00254

Memorandum of Law in Support of Plaintiffs' Motion for Class Certification

Jan. 29, 2007

Jan. 29, 2007

Pleading / Motion / Brief
58

8:06-cv-00254

Memorandum Decision and Order

Mitchell v. the County of Clinton

2007 WL 1988716

July 5, 2007

July 5, 2007

Order/Opinion
91

8:06-cv-00254

Memorandum-Decision and Order

Mitchell v. the County of Clinton

2008 WL 85092

Jan. 7, 2008

Jan. 7, 2008

Order/Opinion
119

8:06-cv-00254

Settlement Agreement

Mitchell v. County of Clinton

Oct. 8, 2008

Oct. 8, 2008

Settlement Agreement
136

8:06-cv-00254

Order Granting Final Approval of Class Action Settlement and Judgment

Mitchell v. County of Clinton

2009 WL 4730702

Dec. 4, 2009

Dec. 4, 2009

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5425267/mitchell-v-the-county-of-clinton/

Last updated May 20, 2022, 1:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jerry Maggy, Michael Smith, The County of Clinton, David Favro ( Filing fee $ 250 receipt number ALB002044) filed by Phyllis A. Mitchell.(ban) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

58

MEMORANDUM-DECISION AND ORDER granting 35 Motion to Certify Class; appointing Phyllis Mitchell respresentative plaintiff for the entire class pending intervention by a representative for Class B; appointing Pltf's attorneys of record as class counsel; Pltf shall move w/in 15 days for intervention by Paul Bachman or other respresentative for Class B, Deft shall respond w/in 15 days thereafter, Pltf's reply, if any, shall be filed w/in 7 days thereafter. Signed by Judge Norman A. Mordue on 7/5/07. (amt, )

July 5, 2007

July 5, 2007

RECAP

Summons Issued as to Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (ban) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

91

ORDER granting the 64 Motion to Intervene and leave to serve an amended complaint is granted. Signed by Judge Norman A. Mordue on 1/7/08. (jlr)

Jan. 7, 2008

Jan. 7, 2008

RECAP
136

ORDER granting 134 Motion for final approval of class action settlement and judgment. Signed by Magistrate Judge David R. Homer on 12/4/09. (tab)

Dec. 4, 2009

Dec. 4, 2009

RECAP
2

G.O. 25 FILING ORDER ISSUED Initial Conference set for 6/21/2006 11:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 6/12/2006. (ban) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

3

SUMMONS Returned Executed by Phyllis A. Mitchell. Jerry Maggy served on 3/7/2006, answer due 3/27/2006; Michael Smith served on 3/7/2006, answer due 3/27/2006; The County of Clinton served on 3/7/2006, answer due 3/27/2006; David Favro served on 3/7/2006, answer due 3/27/2006. (Keach, Elmer) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

4

STIPULATION Extending Defendants' Time to Respond to Complaint by Jerry Maggy, Michael Smith, The County of Clinton, David Favro submitted to Judge Homer. (Johnson, Gregg) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

Clerk traditionally served 5 Stip/Order upon non−ecf parties. (sfp, ) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

6

ANSWER to Complaint by Jerry Maggy, Michael Smith, The County of Clinton, David Favro.(Johnson, Gregg) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

7

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro re 6 Answer to Complaint (Johnson, Gregg) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

8

NOTICE of Appearance by Gregg T. Johnson on behalf of all defendants (Johnson, Gregg) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

9

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro of Notice of Appearance (Johnson, Gregg) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

10

NOTICE of Appearance by Jacinda Hall Conboy on behalf of all defendants (Conboy, Jacinda) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

11

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro of Notice of Appearance (Conboy, Jacinda) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

12

CIVIL CASE MANAGEMENT PLAN by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

Minute Entry for proceedings held before Judge David R. Homer. A Rule 16 Scheduling Conference was held on 6/21/2006. Appearances: Bob Keach for plaintiff; Gregg Johnson for defendants. The deadline for filing a motion for class certification was set for 1/15/07 and the pretrial deadlines were set. A status conference will be held on 11/29/06 to resolve any discovery issues and discuss the possibility of settlement. (lah, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

13

ORDER that any motion for class certification by pltf shall be filed and served on or before 1/15/07. Signed by Judge David R. Homer on 6/22/06. (wjg, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

14

ORDER TO SHOW CAUSE why defts should not be compelled to obtain separate counsel .(wjg, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

15

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 15 days (jury trial; no date specified). Preferred Trial Location: Syracuse. Joinder of Parties due by 8/1/2006. Amended Pleadings due by 8/1/2006. Discovery due by 4/1/2007. Motions to be filed by 6/1/2007. The parties have opted out of the ADR program. Signed by Judge David R. Homer on 6/22/06. (wjg, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

Filing fee for Pro Hac Vice Admission of Alexandra Coler, Esq.: $ 30.00, receipt number ALB002663 (wbl, ) (Entered: 08/10/2006)

Aug. 8, 2006

Aug. 8, 2006

16

ORDER approving defts' waiver of potential conflict. Signed by Judge David R. Homer on 8/9/06. (wjg, ) (Entered: 08/10/2006)

Aug. 9, 2006

Aug. 9, 2006

20

MOTION for Limited Admission Pro Hac Vice of Alexandra Coler, Esq. by Phyllis A. Mitchell.(wbl, ) (Entered: 08/10/2006)

Aug. 9, 2006

Aug. 9, 2006

21

ORDER granting 20 Motion for Limited Admission Pro Hac Vice of Alexandra Coler, Esq.. Signed by Judge David R. Homer on 8/10/06. (wbl, ) (Entered: 08/11/2006)

Aug. 10, 2006

Aug. 10, 2006

CLERK'S CORRECTION OF DOCKET ENTRY. Docket entry no. 21 has been deleted. Notice was entered in wrong case. (lah, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

23

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Non−Dispositive Motion Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

24

TEXT NOTICE. A pre−motion conference will be held on Thursday, October 12, 2006 at 10:30 a.m. before Hon. David R. Homer, USMJ, pursuant to the letter/request of plaintiff's counsel dated 10/2/06. The conference will be in−person in Judge Homer's chambers. (lah, ) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

25

TEXT NOTICE: Please note the conference on 10/12/06 before Hon. David R. Homer, USMJ, will take place at 11:00 a.m. rather than the previously time set for 10:30 a.m. Please mark your calendars accordingly. Out−of−town counsel may participate by telephone. (lah, ) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

26

LETTER BRIEF in Response to Plaintiff's Request for non−dispositive motion conference by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Johnson, Gregg) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

Minute Entry for proceedings held before Judge David R. Homer. A Pre−Motion Conference was held on 10/12/2006 with counsel for all parties. Plaintiff requested leave to file motion seeking to strike or preclude enforcement of offers made by defendants. Plaintiff's request was granted. A written order will be entered. (lah, ) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

27

ORDER granting 23 Letter Request, giving pltf leave to file non−dispositive motion . Signed by Judge David R. Homer on 10/16/06. (wjg, ) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

28

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Discovery conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

Minute Entry for proceedings held before Judge David R. Homer. A Status/Discovery Conference was held on 11/29/2006 with Bob Keach for plaintiff and Gregg Johnson for defendants. A written order will be entered directing the parties to respond to outstanding discovery demands. (lah, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

29

ORDER that responses of all parties to outstanding discovery demands as well as all FRCP 26(a)(1) disclosures shall be made on or before 12/8/06. Signed by Judge David R. Homer on 11/29/06. (wjg, ) (Entered: 12/01/2006)

Nov. 30, 2006

Nov. 30, 2006

30

STATUS REPORT ORDER/NOTICE.Status Report due by 12/21/2006. Signed by Judge David R. Homer on 12/7/06. (ban) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

31

Letter Motion from Elmer Robert Keach for Phyllis A. Mitchell requesting enlargement of time to file motion for class certification submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

32

ORDER granting 31 Letter Request, pltf's motion for class certification to be filed on or before 1/29/07. Signed by Judge David R. Homer on 1/12/07. (wjg, ) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

33

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Execute a Protective Order submitted to Judge Homer. (Johnson, Gregg) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

34

PROTECTIVE ORDER on Stipulation. Signed by Judge David R. Homer on 1/29/07. (wjg, ) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

35

MOTION to Certify Class Motion Hearing set for 3/7/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 2/20/2007,Reply to Response to Motion due by 2/26/2007. by Phyllis A. Mitchell. (Attachments: # 1 Memorandum of Law # 2 Affirmation of Jason Rozger# 3 Exhibit(s) A, Complaint# 4 Exhibit(s) B, Plaintiff deposition transcript# 5 Exhibit(s) C, Plaintiff charging documents# 6 Exhibit(s) D, Latulipe deposition transcript# 7 Exhibit(s) E, Glarneau deposition transcript# 8 Exhibit(s) F, Clukey deposition transcript# 9 Exhibit(s) G, admissions policy# 10 Exhibit(s) H, Strip Search policy# 11 Exhibit(s) I, 30(b)(6) deposition transcript# 12 Exhibit(s) J, October 2003 memo# 13 Exhibit(s) K, revised admissions policy# 14 Exhibit(s) L, revised search policy# 15 Exhibit(s) M, Spinner v. City of New York# 16 Exhibit(s) N, Eddleman v. Jefferson County# 17 Exhibit(s) O, Haney v. Miami Date County# 18 Exhibit(s) P, Mclean v. Merrifield# 19 Exhibit(s) Q, In re Cigna# 20 Exhibit(s) R, In re Plastics Additives) (Rozger, Jason) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

TEXT NOTICE as to the 35 MOTION to Certify Class. The motion is returnable on 3/7/07 before Chief Judge Mordue on submit with NO appearances necessary. Response to Motion due by 2/20/2007. Reply to Response to Motion due by 2/26/2007. Counsel is directed to send a courtesy copy of the motion to Judge Mordue's chambers. (jlr) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

36

Letter Motion from Elmer Robert Keach III for Phyllis A. Mitchell requesting discovery conference with the Court submitted to Judge Homer. (Keach, Elmer) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

37

LETTER BRIEF in response to Plaintiff's request for discovery conference by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Johnson, Gregg) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

38

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of time to respond to Class Certification Motion submitted to Judge Mordue. (Johnson, Gregg) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

39

ORDER denying w/out prejudice 36 Letter Request. Signed by Judge David R. Homer on 2/12/07. (wjg, ) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

TEXT ORDER granting the 38 Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, and David Favro requesting Extension of time to respond to 35 Class Certification Motion submitted to Judge Mordue. Motion Hearing is reset for 3/21/2007 before Chief Judge Norman A. Mordue. The motion will be on submit with no appearances necessary. Response to Motion due by 3/6/2007. Reply to Response to Motion due by 3/13/2007.Endorsed by Judge Norman A. Mordue on 2/14/07. Counsel is directed to submit a courtesy copy of the motion papers to Judge Mordue's chambers. (jlr) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

40

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting extension of discovery deadline from April 1, 2007 to June 1, 2007 submitted to Judge Homer. (Rozger, Jason) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

41

ORDER granting 40 Letter Request, Discovery ddl reset to 6/1/2007. Signed by Judge David R. Homer on 3/1/07. (wjg, ) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

42

Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting permission to file a 35−page brief submitted to Judge Norman A. Mordue. (Attachments: # 1 Appendix Certificate of Service)(Johnson, Gregg) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

TEXT ORDER granting the 42 Letter Request to file an oversized memoranda of law (35) pages in reponse to the motion to certify. Endorsed by Judge Norman A. Mordue on 3/6/07. (jlr/am) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

43

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Gregg T. Johnson, Esq. filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − Affidavits of 46 Correction Officers# 2 Exhibit(s) B − Relevant pages of Plaintiff's EBT transcript# 3 Exhibit(s) C − Pages 76−77 of Plaintiff's EBT transcript# 4 Exhibit(s) D − Relevant pages from Plaintiff's Response to Defendants' 1st Set of Interrogatories)(Quesnel, Scott) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

44

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Def. David Favro filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − CCJ Policy/Procedure No. C−102# 2 Exhibit(s) B − CCC Policy/Procedure D−221# 3 Exhibit(s) C − 10/24/03 Policy Revision# 4 Exhibit(s) D − CCJ Policy/Procedure B−01# 5 Exhibit(s) E − CCJ

March 6, 2007

March 6, 2007

46

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Def. Michael Smith filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − Photographs# 2 Exhibit(s) B − CCJ Policies/Procedures C102# 3 Exhibit(s) C − CCJ Policies/Procedures D−221# 4 Exhibit(s) D − 10/24/03 Policy Revision Memo# 5 Exhibit(s) E − CCJ Policies/Procedures B−01# 6 Exhibit(s) F − CCJ Policies/Procedures G−50)(Quesnel, Scott) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

47

MEMORANDUM OF LAW re 35 Motion to Certify Class,,,, in Opposition to Motion filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Appendix Unreported Case − Augustin v. Jablonsky# 2 Appendix Unreported Case − Kelsey v. Schoharie# 3 Appendix Unreported Case − Spinner v. New York City# 4 Appendix Unreported Case − Bryant v. Bonded Accounts Services)(Quesnel, Scott) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

48

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro re 43 Affidavit in Opposition to Motion,, 44 Affidavit in Opposition to Motion, 45 Affidavit in Opposition to Motion, 47 Memorandum of Law, 46 Affidavit in Opposition to Motion, with exhibits attached thereto (Quesnel, Scott) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

49

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Enlargement of Time to File Reply Brief and Leave to File Overlength Brief submitted to Judge Norman A. Mordue. (Keach, Elmer) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

TEXT ORDER granting in part and denying in part the 49 Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Enlargement of Time to File Reply Brief and Leave to File Overlength Brief. Reply to Response to Motion is extended 1 week and is due by 3/20/2007. The reply shall be no more than 20 pages in length. Endorsed by Judge Norman A. Mordue on 3/13/07. (jlr/am) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

50

REPLY to Response to Motion re 35 MOTION to Certify Class filed by Phyllis A. Mitchell. (Attachments: # 1 Exhibit(s) A to Keach Affirmation −− Defendants' Rule 68 Offer# 2 Exhibit(s) B to Keach Affirmation −− 10.2.06 letter from Elmer Keach to Hon. David R. Homer# 3 Exhibit(s) C to Keach Affirmation −− Sheriff's Department Memorandum# 4 Exhibit(s) D to Keach Affirmation −− Tyson Bench Decision# 5 Affirmation Bruce Menken Afffirmation# 6 Exhibit(s) A to Menken Affirmation −− Paul Bachman Affidavit)(Keach, Elmer) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

51

REPLY to Response to Motion re 35 MOTION to Certify Class Memo of Law filed by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 03/21/2007)

March 20, 2007

March 20, 2007

52

AMENDED REPLY to Response to 35 MOTION to Certify Class Memorandum of Law Corrected to Include Cover Pages filed by Phyllis A. Mitchell. (Keach, Elmer). (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

53

NOTICE by Phyllis A. Mitchell of Change of Firm Name and Address for Alexander E. Barnett and Change of Firm Name for Gary E. Mason (Barnett, Alexander) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

54

Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of discovery deadline for deposition purposes submitted to Judge Homer. (Johnson, Gregg) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on 5/9/2007 pursuant to the letter request of defendants [#54] seeking an extension of the discovery deadline. The court granted the request and the pretrial deadlines were extended. A written order will be entered. (lah, ) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

55

ORDER granting 54 Letter Request and amending UPSO: Discovery due by 8/1/2007.,Dispositive Motions to be filed by 10/1/2007.,Trial Ready Deadline is 11/1/2007. Signed by Judge David R. Homer on 5/10/07. (wjg, ) (Entered: 05/14/2007)

May 11, 2007

May 11, 2007

56

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Discovery conference submitted to Judge David R. Homer. (Attachments: # 1 Exhibit(s) A, correspondence between counsel# 2 Exhibit(s) B, correspondence between counsel# 3 Exhibit(s) C, affidavit of Paul Bachmann# 4 Exhibit(s) D, affidavit of Brian Bombard# 5 Exhibit(s) E, corrspondence between counsel# 6 Exhibit(s) F, correspondence between counsel# 7 Exhibit(s) G, correspondence between counsel# 8 Exhibit(s) H, correspondence between counsel# 9 Exhibit(s) I, deposition notices# 10 Exhibit(s) J, correspondence between counsel# 11 Exhibit(s) K, corrspondence between counsel)(Rozger, Jason) (Entered: 06/21/2007)

June 20, 2007

June 20, 2007

57

RESPONSE TO LETTER BRIEF filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro as to 56 Letter Request/Motion,, filed by Phyllis A. Mitchell. (Johnson, Gregg) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

TEXT NOTICE. A telephone discovery conference will be held on 7/3/2007 at 9:30 a.m. with Hon. David R. Homer, USMJ, pursuant to the letter request of plaintiff's counsel dated 6/20/2007 [#56]. Chambers will initiate the telephone conference call. (lah, ) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

59

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Discovery Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on 7/3/2007 pursuant to plaintiff's letter/request [#56]. The parties reported all issues resolved except for the production of inmate files at defendants' expense. It was agreed that the documents would be made available for inspection at Clinton C.F. and any copying expenses to be paid by defendants. A written order will be entered. (lah, ) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

TEXT NOTICE. A telephone discovery conference will be held on July 11, 2007 at 11:00 a.m. re 59 Letter Motion from plaintiff requesting discovery conference submitted to Judge David R. Homer. Chambers will initiate the telephone conference. (lah, ) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

60

Letter Motion from Gregg Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Response to Plaintiff's Request for Sanctions submitted to Judge Homer. (Johnson, Gregg) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

61

ORDER on 56 Letter Request re: discovery conference &issue of request for copies. Signed by Judge David R. Homer on 7/10/07. (wjg, ) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

62

NOTICE of Appearance by Alexander E. Barnett on behalf of Phyllis A. Mitchell (Barnett, Alexander) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

63

ORDER on 59 Letter Request, that the subpoena for records issued by defts to pltf's employer is modified to require the production of time−and−attendance records of the pltf for the period from 1/1/03 through 12/31/04 and, as so modified and limited, pltf's request for an order quashing the subpoena is denied. Signed by Judge David R. Homer on 7/11/07. (wjg, ) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Discovery Hearing was held on 7/11/2007 with counsel for all parties pursuant to the letter request from plaintiff seeking order to quash a certain subpoena. Arguments were heard. The court directed the subpoena to be modified and the request to quash the subpoena was denied. A written order issued. (lah, ) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

64

MOTION to Intervene Motion Hearing set for 9/5/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 8/20/2007 by Phyllis A. Mitchell. (Attachments: # 1 Memorandum of Law # 2 Affirmation of Bruce Menken# 3 Proposed Amended Pleading) Motions referred to David R. Homer. (Rozger, Jason) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

TEXT NOTICE of the 64 MOTION to Intervene. The Response to Motion due by 8/6/2007 (15 days); and any Reply to Response to Motion is due by 8/14/2007. Motion Hearing set for 8/15/2007 on submit with no appearances necessary before Chief Judge Norman A. Mordue. (jlr) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

65

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Extension of Discovery Deadline submitted to Judge Homer. (Attachments: # 1 Exhibit(s) A, Plaintiffs' Second Request for the Production of Documents# 2 Exhibit(s) B, Letter from Defendants' Counsel)(Rozger, Jason) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

66

STATUS REPORT by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

67

Letter Motion from Gregg Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Consideration of Defendants' Response to Plaintiff's Letter Request submitted to Judge Homer. (Johnson, Gregg) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

NOTICE re 65 Letter Motion from plaintiff requesting Extension of Discovery Deadline. A telephone conference will be held on−the−record on 8/2/2007 at 10:30 a.m. with Hon. David R. Homer, USMJ. Chambers will initiate the conference call. (lah, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

Paid 2007 Biennial Fee $30, receipt number 821291. (Barnett, Alexander) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Status Conference was held on−the−record on 8/2/2007 with Bruce Menken and Jason Rozger for plaintiffs and Gregg Johnson for defendants. Discovery was extended to September 10. A written order will be entered. A settlement conference with attorneys only remains in place for 9/10/2007. The court directed that the class representatives for the two classes be available by telephone. (lah, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

68

ORDER granting 65 Letter Request for deadline extension, ; granting 67 Letter Request for conference, Discovery due by 9/10/2007. Signed by Judge David R. Homer on 8/2/07. (tab) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

69

RESPONSE in Opposition re 64 MOTION to Intervene filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) Exhibit A to Quesnel Affidavit# 2 Exhibit(s) Exhibit B to Quesnel Aff# 3 Exhibit(s) Exhibit C to Quesnel Aff# 4 Exhibit(s) Exhibit D to Quesnel Aff# 5 Memorandum of Law # 6 Supplement Certificate of Service)(Quesnel, Scott) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

70

RESPONSE in Support re 64 MOTION to Intervene Paul Bachmann as class representative filed by Phyllis A. Mitchell. (Attachments: # 1 Affirmation of Jason J. Rozger# 2 Exhibit(s) A, Paul Bachmann deposition transcript excerpts# 3 Exhibit(s) B, Paul Bachmann booking documents)(Rozger, Jason) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

71

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Discovery conference submitted to Judge Homer. (Attachments: # 1 Exhibit(s) A, 8/21/07 letter from Defendants' counsel# 2 Exhibit(s) B, 8/29/ 07 email from Defendants' counsel# 3 Exhibit(s) C, 7/5/07 letter from Defendants' counsel)(Rozger, Jason) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

NOTICE re 71 Letter Motion from Jason Rozger requesting conference submitted to Judge Homer. A telephone discovery conference will be held with Judge Homer on September 4, 2007 at 2:30 p.m. Chambers will initiate the conference call. (lah, ) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Discovery Conference was held on 9/4/2007 with Jason Rozger for plaintiff and Gregg Johnson for defendants pursuant to the letter request of plaintiff's counsel 71 . Rulings were made and a written order will be entered. (lah, ) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

TEXT NOTICE as to the 64 MOTION to Intervene. The motion is returnable on 9/5/07 before Chief Judge Mordue. The motion is on submit with no appearances necessary. (jlr) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

72

ORDER granting 71 Letter Request and setting terms of disclosure regarding discovery issues. Signed by Judge David R. Homer on 9/4/07. (tab) (Entered: 09/05/2007)

Sept. 4, 2007

Sept. 4, 2007

Minute Entry for proceedings held before Judge David R. Homer. A Settlement Conference was held on 9/10/2007 with Bruce Menken, Jason Rozger and Bob Keach for plaintiffs. The individual defendants were present along with their counsel, Gregg Johnson and Scott Quesnew. No settlement was reached. There was further discussion regarding potential conflicts of interest brought upon by the creation of two separate classes. It may become necessary in the near future to address these potential conflicts of interest. (lah, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

73

NOTICE of Appearance by Scott P. Quesnel on behalf of all defendants (Attachments: # 1 Supplement Certificate of Service)(Quesnel, Scott) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

74

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of Deadline for Dispositive Motion submitted to Judge Homer. (Johnson, Gregg) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

75

ORDER granting 74 Letter Request, Dispositive Motions to be filed by 12/1/2007. Signed by Judge David R. Homer on 9/25/07. (wjg, ) (Entered: 09/27/2007)

Sept. 25, 2007

Sept. 25, 2007

76

MANDATE of USCA: The petition is DENIED because an immediate appeal is unwarranted. (dmf) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

77

Letter Motion from Scott P. Quesnel for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Court intervention on a discovery dispute submitted to Judge Homer. (Attachments: # 1 Exhibit(s) Ex A − Bachmann Affid# 2 Exhibit(s) Ex B − Relevant portions of Bachmann transcript# 3 Exhibit(s) Ex C − Relevant portions of amended complaint# 4 Exhibit(s) Ex D Relevant portion of Pls response# 5 Exhibit(s) Ex E − Defs Exceptions Letter# 6 Exhibit(s) Ex F Pls response# 7 Exhibit(s) Ex G − Relevant portion of Defs Doc Demand)(Quesnel, Scott) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

TEXT NOTICE re 77 Letter Motion from Scott P. Quesnel requesting Court intervention on a discovery dispute submitted to Judge Homer. A Telephone Discovery Conference will be held on NOVEMBER 19, 2007 at 2:30 PM with Magistrate Judge Homer. The court will initiate the conference call. (lah, ) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

78

LETTER BRIEF in Opposition to Defendants' Request for Production by Phyllis A. Mitchell. (Rozger, Jason) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

ORDER granting the 79 Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Permission to file oversize memorandum of law (no more than 40 pages) in support of the motion for summary judgment to be filed on or before December 1, 2007. Endorsed by Judge Norman A. Mordue on 11/19/07. (jlr/am) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Feb. 28, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were placed into the custody of the Clinton County Jail after being charged with petty crimes and were strip searched upon their entry into the Clinton County Jail from February 28, 2003 to July 1, 2007.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The County of Clinton (Clinton), County

Clinton County Sheriff's Department (Clinton), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1.15 million

Order Duration: 2008 - None

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run