Case: Nilsen v. York County

2:02-cv-00212 | U.S. District Court for the District of Maine

Filed Date: Oct. 15, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On October 15, 2002, a man and woman represented by attorneys David G. Webbert of Augusta, Maine, and Howard Friedman of Boston, Massachusetts, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for Maine. The lawsuit challenged the blanket policy of conducting routine, suspicionless strip searches of all pre-arraignment detainees entering the York County (Maine) Jail. Plaintiffs maintained that with every pre-trial detainee strip searche…

On October 15, 2002, a man and woman represented by attorneys David G. Webbert of Augusta, Maine, and Howard Friedman of Boston, Massachusetts, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for Maine. The lawsuit challenged the blanket policy of conducting routine, suspicionless strip searches of all pre-arraignment detainees entering the York County (Maine) Jail. Plaintiffs maintained that with every pre-trial detainee strip searched, regardless of the offense charged and whether there was reasonable cause to believe that each detainee carried concealed weapons or contraband, the policy violated the Fourth Amendment's prohibition against unreasonable search and seizure. Plaintiffs sought monetary damages and class certification.

The District Court (District Judge David B. Hornby) adopted and modified the report and recommendation of Magistrate Judge David M. Cohen and certified the case as a class action, with the class defined as follows:

All people strip-searched at the York County Jail after October 14, 1996, under a policy or custom of conducting strip-searches without evaluating individualized reasonable suspicion:

(1) while waiting for bail to be set or for a first court appearance after being arrested on charges that did not involve a weapon or drugs or a violent felony; or

(2) while waiting for a first court appearance after being arrested on a default or other warrant that did not involve a weapon or drugs or a violent felony.

Nilsen v. York County, 219 F.R.D. 19 (D. Me. 2003).

Defendants appealed and the case was consolidated on appeal with Tardiff v. Knox County, a similar case pending before a different district court judge. (See JC-ME-4 of this collection). The U.S. Circuit Court of Appeals for the First Circuit affirmed the class certification orders in both cases. Tardiff v. Knox County, 365 F.3d 1 (1st Cir. 2004) (Circuit Judge Michael Boudin).

After class certification was affirmed on appeal, the parties reached a tentative settlement and moved for preliminary court approval. Judge Hornby declined to give his preliminary approval of the settlement's provision that class members who were arrested multiple times receive no extra recovery for the resulting multiple strip searches. Rather, he advised the parties that he would rule on the issue following the fairness hearing, which he set for August 1, 2005. Nilsen v. York County, 228 F.R.D. 60 (D. Me. 2005). The Judge approved the class notice on Apr 01, 2005. Nilsen v. York County, 2005 WL 757859 (D. Me. 2005).

Following a fairness hearing on August 1, 2005, Judge Hornby approved the settlement in all respects, except the provision that called for the County to pay women twice as much as men. Nilsen v. York County, 382 F. Supp.2d 206 (D. Me. 2005). The parties then amended the settlement to provide equal settlement payments to male and female class members. Because of the amendment, female class members were given a new opportunity to opt out of the settlement. Judge Hornby approved the amended settlement. Nilsen v. York County, 400 F. Supp.2d 265 (D. Me. 2005).

Under the terms of the amended settlement, York County agreed to pay $3.3 million to settle the class claims. Of that amount, 20 class members received incentive awards totaling $25,500 for time spent working with class counsel on the settlement. York County also agreed to enact a new policy protecting the privacy of pre-trial detainees from illegal strip searches. Plaintiffs' attorneys were awarded fees of $825,000 (25% of $3.3 million fund). Nilsen v. York County, 400 F. Supp.2d 266 (D. Me. 2005). It was estimated that there were approximately 7,500 class members. Over 1,300 filed claims, constituting a participation rate of approximately 17.78%.

On November 30, 2005, Judge Hornsby recused himself from the case, in view of his spouse's business connections to the state. The case was reassigned to District Judge George Z. Singal. On June 26, 2006, Judge Singal directed the court clerk to close the case.

Summary Authors

Dan Dalton (2/17/2008)

Related Cases

Dare v. Knox County, District of Maine (2002)

People


Judge(s)

Brownell, William S. (Maine)

Cohen, David Michael (Maine)

Hornby, David Brock (Maine)

Singal, George Z. (Maine)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Richards, J. Lizette (Massachusetts)

Webbert, David G. (Maine)

Attorneys(s) for Defendant

Marchesi, Peter T. (Maine)

Judge(s)

Brownell, William S. (Maine)

Cohen, David Michael (Maine)

Hornby, David Brock (Maine)

Singal, George Z. (Maine)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Richards, J. Lizette (Massachusetts)

Webbert, David G. (Maine)

Attorneys(s) for Defendant

Marchesi, Peter T. (Maine)

McKeon, Thomas R. (Maine)

Richardson, Harrison L. (Maine)

Wall, John J. III (Maine)

Other Attorney(s)

Taub, Christopher C. (Maine)

Documents in the Clearinghouse

Document

2:02-cv-00212

Docket [PACER]

Dec. 7, 2006

Dec. 7, 2006

Docket
50

2:02-cv-00212

Defendant's Response to Plaintiff's Objection to Recommended Decision on Plaintiffs' Motion for Class Certification

Oct. 14, 2003

Oct. 14, 2003

Pleading / Motion / Brief
59

2:02-cv-00212

Recommended Decision on Plaintiffs' Motion for Class Certification and Order Affirming Recommended Decision of the Magistrate Judge

219 F.R.D. 19

Dec. 18, 2003

Dec. 18, 2003

Order/Opinion
117

2:02-cv-00212

Order on Motion for Preliminary Approval of Class Settlement

228 F.R.D. 60

March 4, 2005

March 4, 2005

Order/Opinion
125

2:02-cv-00212

Order Directing Class-Wide Notice of Settlement

2005 WL 757859

April 1, 2005

April 1, 2005

Order/Opinion
159

2:02-cv-00212

Order on Motion for Final Approval of Class Settlement

382 F.Supp.2d 206

Aug. 18, 2005

Aug. 18, 2005

Order/Opinion
167

2:02-cv-00212

Order on Motion for Final Approval of Second Amended Settlement Agreement

400 F.Supp.2d 265

Sept. 8, 2005

Sept. 8, 2005

Order/Opinion
185

2:02-cv-00212

Order on Motion for Award of Attorney Fees and Litigation Expenses

400 F.Supp.2d 266

Nov. 10, 2005

Nov. 10, 2005

Order/Opinion

[Settlement Summary]

No Court

Dec. 31, 2005

Dec. 31, 2005

Press Release

Resources

Docket

Last updated Aug. 7, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 46478; jury demand (Service of Process Deadline 2/12/03 ) (mnm) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

Pro Hac Vice Certificate for MICHELE NILSEN by HOWARD FRIEDMAN (mnm) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

Summons Issued as to YORK COUNTY c/o David R. Adjutant, County Clerk/County Manager. (mo, ) (Entered: 02/11/2003)

Feb. 11, 2003

Feb. 11, 2003

2

AMENDED COMPLAINT against YORK COUNTY with JURY DEMANDfiled by MICHELE NILSEN. (Service of Process Deadline 6/13/2003)(mo, ) (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

3

SUMMONS Returned Executed by MICHELE NILSEN. YORK COUNTY served on 2/11/2003. Answer due by 3/3/2003 for YORK COUNTY (mjl, ) (Entered: 02/18/2003)

Feb. 13, 2003

Feb. 13, 2003

4

ANSWER to Amended Complaint by YORK COUNTY.(mnm, ) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

5

SCHEDULING ORDER: Discovery due by 7/2/2003. Motions due by 7/9/2003. Ready for Trial on 10/1/2003. Signed by Judge DAVID M. COHEN on 02/26/03. (mnm, ) (Entered: 03/06/2003)

Feb. 26, 2003

Feb. 26, 2003

6

Joint MOTION to Amend Scheduling Order to extend ddls for conferring and objecting to scheduling order by YORK COUNTY. (dw, ) (Entered: 03/14/2003)

March 12, 2003

March 12, 2003

MOTIONS [6] Joint MOTION to Amend Scheduling Order to extend ddls for conferring and objecting to scheduling order REFERRED to Magistrate Judge MAGISTRATE JUDGE DAVID M. COHEN.(dw) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

ENDORSEMENT granting [6] Motion to Amend Scheduling Order Signed by Judge DAVID M. COHEN on 03/17/03. (mnm, ) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

NOTICE of Appearance by JOHN J. WALL III on behalf of YORK COUNTY (mjl, ) (Entered: 03/19/2003)

March 19, 2003

March 19, 2003

7

Unopposed MOTION to Extend Time until April 2, 2003 to file any motion to strike portions of the Defendant's answer Answer to Amended Complaint[4] by MICHELE NILSEN. (mnm, ) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

MOTIONS [7] Unopposed MOTION to Extend Time until April 2, 2003 to file any motion to strike portions of the Defendant's answer Answer to Amended Complaint [4] REFERRED to Magistrate Judge David M. Cohen.(mnm, ) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

ENDORSEMENT granting [7] Motion to Extend Time Signed by Judge DAVID M. COHEN on 03/19/03. (mnm, ) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

MOTIONS [8] MOTION to Amend Scheduling Order to Modify: Track Assignment, Amount of Discovery and Deadlines REFERRED to Magistrate Judge Magistrate Judge Cohen.(ckb, ) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

9

MOTION to Strike [4] Answer to Amended Complaint by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 4/23/2003. (ckb, ) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

10

RESPONSE to Motion re [8] MOTION to Amend Scheduling Order to Modify: Track Assignment, Amount of Discovery and Deadlines filed by YORK COUNTY. (mnm, ) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

11

REPORT OF SCHEDULING CONFERENCE AND ORDER re [8] MOTION to Amend Scheduling Order filed by MICHELE NILSEN. "(1)The plaintiff's deadline for designation of expert witnesses, etc., is extended to two weeks following the final decision on the class certification motion. (2) The defendant's deadline for designation of expert witnesses, etc., is extended to thirty days following the plaintiff's expert witness designation. (3) The deadlines for (i) joinder of additional parties and amendment of pleadings (ii) completion of discovery and identification and production of Local Rule 44 records, and (iii) filing of all dispositive motions and all Daubert and Kumho motions are enlarged to May 7, August 27, and September 8, 2003, respectively, with the understanding that (i) the deadline for joinder and amendment may be reopened and reset if the class certification motion is denied and (ii) the discovery deadline may be extended after final decision on the class certification motion if circumstances at the time so warrant." Discovery due by 8/27/2003. Motions due by 9/8/2003. Specific Document Deadline (1)(for the filing by the plaintiff of a motion for class certification) due by 5/28/2003. Specific Document Deadline (2)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) due by 6/30/2003. Signed by Judge DAVID M. COHEN on 04/09/03. (mnm, ) (Entered: 04/11/2003)

April 9, 2003

April 9, 2003

Minute Entry for proceedings held before Judge DAVID M. COHEN : Telephone Conference held re: Mtn #8 to Amend Scheduling Order. (Court Reporter NONE) (mnm, ) (Entered: 04/11/2003)

April 9, 2003

April 9, 2003

12

RESPONSE to Motion re [9] MOTION to Strike [4] Answer to Amended Complaint filed by YORK COUNTY.Reply due by 4/25/2003. (mnm, ) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

13

REPLY to Response to Motion re [9] MOTION to Strike [4] Answer to Amended Complaint filed by MICHELE NILSEN. (mnm, ) (Entered: 04/26/2003)

April 25, 2003

April 25, 2003

MOTIONS [9] MOTION to Strike [4] Answer to Amended Complaint REFERRED to Magistrate Judge DAVID M. COHEN.(mnm, ) (Entered: 04/26/2003)

April 26, 2003

April 26, 2003

14

MOTION to Amend Scheduling Order To Change the Track from Standard to Complex by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 5/19/2003. (mo, ) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

MOTION [14] to Amend Scheduling Order To Change the Track from Standard to Complex REFERRED to Magistrate Judge David M. Cohen.(mo, ) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

15

ORDER pertaining to production of confidential documents Signed by Judge D. BROCK HORNBY on 05/01/03. (mnm, ) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

16

RESPONSE to Motion re [14] MOTION to Amend Scheduling Order To Change the Track from Standard to Complex filed by YORK COUNTY.Reply due by 5/19/2003. (mo, ) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

17

REPLY to Response to Motion re [14] MOTION to Amend Scheduling Order To Change the Track from Standard to Complex filed by MICHELE NILSEN. (mnm, ) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

18

MOTION to For Leave to File Second Amended Complaint and to Join additional named plaintiff by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 5/28/2003. (mnm, ) Modified on 5/8/2003 (mnm, ). (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

MOTIONS [14] MOTION to Amend Scheduling Order To Change the Track from Standard to Complex REFERRED to Magistrate Judge COHEN.(slh, ) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

ENDORSEMENT ORDER denying [9] Motion to Strike, "5/8/03 The Motion is denied. The defendant shall file an amended answer to reflect the admission contained in footnote 1 on page 2 of the defendant?s objection to the motion to strike (Docket No. 12) that the referenced document does contain the words quoted in the second sentence of paragraph 4 of the Complaint. So Ordered." Signed by Magistrate Judge DAVID M. COHEN on 5/8/03. (mo, ) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

Motions No Longer Referred: [14] MOTION to Amend Scheduling Order To Change the Track from Standard to Complex (mo, ) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

Motions Taken Under Advisement: [14] MOTION to Amend Scheduling Order To Change the Track from Standard to Complex (mo, ) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

NOTICE of Hearing: Conference of Counsel set for 5/23/2003 02:30 PM before JUDGE D. BROCK HORNBY. (mnm, ) (Entered: 05/15/2003)

May 15, 2003

May 15, 2003

19

MOTION to Amend Scheduling Order to Extend Deadline for Filing Motion for Class Cert from 05/28/2003 to 06/11/2003 by MICHELE NILSEN W/MEMO IN SUPPORT.Responses due by 6/5/2003. (dw, ) (Entered: 05/15/2003)

May 15, 2003

May 15, 2003

20

AMENDED ANSWER to [2] First Amended Complaint by YORK COUNTY. (dw) (Entered: 05/15/2003)

May 15, 2003

May 15, 2003

ENDORSED ORDER granting without objection [19] Motion to Amend Scheduling Order to extend Pltf's deadline for filing Motion for Class Certification to 06/11/2003. /s/ USDJ D. BROCK HORNBY. (dw) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

21

PLAINTIFF'S FIRST PROPOSED STIPULATION by MICHELE NILSEN. (mnm, ) (Entered: 05/23/2003)

May 23, 2003

May 23, 2003

22

SCHEDULING ORDER AND ORDER ON PENDING MOTIONS: Discovery due by 9/26/2003. Motions due by 10/17/2003. By Judge D. BROCK HORNBY. (mnm, ) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

SCHEDULING ORDER AND ORDER ON PENDING MOTIONS (INCLUDED WITHIN DOCKET NO. 22) re: [18] MOTION to Amend [2] Amended Complaint to Join additional named plaintiff filed by MICHELE NILSEN, [14] MOTION to Amend Scheduling Order filed by MICHELE NILSEN. "Plaintiff's motion for leave to file a second amended complaint to join an additional named plaintiff is GRANTED WITHOUT OBJECTION." Set Deadlines: Specific Document Deadline (1)(plaintiff to file a motion for class certification) due by 6/11/2003. By Judge D. BROCK HORNBY. (mnm, ) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

23

Minute Entry for proceedings held before Judge D. BROCK HORNBY : Conference of Counsel held re Mtn #14 to Amend Scheduling Order, see Order #22. (Court Reporter Pauline Terry) (mnm, ) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

24

SECOND AMENDED COMPLAINT against YORK COUNTY with JURY DEMAND, filed by MICHAEL GOODRICH, MICHELE NILSEN.(mo, ) (Entered: 06/10/2003)

May 23, 2003

May 23, 2003

25

ANSWER to Second Amended Complaint by YORK COUNTY.(mo, ) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

26

Consent MOTION to Extend Time For Two Day Enlargement of Time To File Motion For Class Certification by MICHAEL GOODRICH, MICHELE NILSEN.Responses due by 7/2/2003. (mjl, ) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

27

MEMORANDUM by MICHAEL GOODRICH, MICHELE NILSEN in support of [26] Consent MOTION to Extend Time For Two Day Enlargement of Time To File Motion For Class Certification. (mjl, ) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

ORDER granting [26] Motion to Extend Time To File Motion For Class Certification By Judge DAVID M. COHEN. (mjl, ) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

28

MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 by MICHAEL GOODRICH, MICHELE NILSEN.Responses due by 7/7/2003. (ka, ) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

29

AMENDED ORDER re: Pertaining To Production Of Documents By Judge DAVID M. COHEN. (mjl, ) (Entered: 06/17/2003)

June 17, 2003

June 17, 2003

30

FIRST AMENDED ANSWER to [24] Second Amended Complaint by YORK COUNTY. (mjl, ) (Entered: 06/27/2003)

June 25, 2003

June 25, 2003

***Set/Reset Deadlines : Specific Document Deadline (2) due by 7/22/2003 - Specific Document Deadline (2)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) (ckb, ) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

31

Unopposed MOTION to Extend Time For An Additional Week To File Respone To Motion For Class Certification by YORK COUNTY. (mjl, ) (Entered: 07/03/2003)

July 2, 2003

July 2, 2003

ENDORSEMENT granting [31] Motion to Extend Time to Respond to Mtn for Class Certification By Judge DAVID M. COHEN. (ckb, ) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

***Set/Reset Deadlines as to [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 .Responses due by 7/14/2003(ckb, ) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

TRANSCRIPT of Proceedings: Conference held on May 23, 2003 before Judge D. Brock Hornby. Court Reporter: Pauline Terry. (mnm, ) (Entered: 07/15/2003)

July 9, 2003

July 9, 2003

32

MOTION for Leave to File Response to Motion #28 for Class Certification in excess of page limits by YORK COUNTY. (mnm, ) (Entered: 07/15/2003) searched at the York County Jail after 10/14/96 filed by YORK COUNTY.Reply due by 7/25/2003. (mnm, ) (Entered: 07/16/2003)

July 14, 2003

July 14, 2003

ENDORSEMENT granting [32] Motion for Leave to File By Judge DAVID M. COHEN. (mnm, ) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

34

MOTION for Leave to File Supplemental Memorandum In Support Of Objection To Motion For Class Certification With Exhibits by YORK COUNTY.Responses due by 8/12/2003. (mjl, ) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

35

Unopposed MOTION to Extend Time Until August 8, 2003 To File Reply To Motion For Class Certification by MICHAEL GOODRICH, MICHELE NILSEN. (mjl, ) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

ENDORSEMENT granting without objection [34] Motion for Leave to File By Judge DAVID M. COHEN. (mnm, ) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

***Set/Reset Deadlines : Specific Document Deadline (1)(Supplemental Memorandum in support of Objection to Motion for Class Certification) due by 8/5/2003, see endorsement on docket no. 34.(mnm, ) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

ENDORSEMENT granting [35] Motion to Extend Time By Judge DAVID M. COHEN. (mnm, ) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

***Set/Reset Deadlines as to [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 .Reply due by 8/8/2003, per endorsement on docket no. 35.(mnm, ) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

***Set/Reset Deadlines : Specific Document Deadline (1)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) due by 8/29/2003.(mnm, ) (Entered: 07/25/2003)

July 25, 2003

July 25, 2003

36

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT of [33] Response to Motion by York County. (ka, ) (Entered: 08/06/2003)

Aug. 5, 2003

Aug. 5, 2003

37

Consent MOTION to Extend Time of One Business Day to August 11, 2003, to file Reply Memorandum , MOTION for Leave to File to Exceed the Page Limit to 20 Pages by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

38

REPLY to Response to Motion re [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

ENDORSEMENT granting [37] Motion to Extend Time, granting [37] Motion for Leave to File. "08/12/03 Granted. /s/ David M. Cohen USMJ" By Judge DAVID M. COHEN. (ka, ) Modified on 8/12/2003 to correct the endorsement, not order(ka, ). (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

39

Minute Entry for proceedings held before Judge DAVID M. COHEN : Discovery Hearing held via telephone re: Atty Webbert's letter of 05/20/03 (document requests issues outlined therein still outstanding). (Court Reporter NONE) (ka, ) (Entered: 08/13/2003)

Aug. 13, 2003

Aug. 13, 2003

40

REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE (re: Production of Documents). Specific Document Deadline (1) (Counsel to advise whether dispute has been resolved and, if not, what their respective positions are as of the date of their report) due by 8/29/2003. By Judge DAVID M. COHEN. (ka, ) (Entered: 08/13/2003)

Aug. 13, 2003

Aug. 13, 2003

41

AFFIDAVIT of Howard Friedman filed by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/18/2003)

Aug. 18, 2003

Aug. 18, 2003

42

Consent MOTION to Intervene as plaintiff by CHARLES NEVILLE. (mo, ) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

ENDORSEMENT ORDER granting [42] Motion to Intervene By Magistrate Judge DAVID M. COHEN. (mo, ) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

43

Intervenor COMPLAINT against YORK COUNTY , filed by CHARLES NEVILLE. (Service of Process Deadline 12/23/2003)(mo, ) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

44

MOTION for Leave to File Sur-Reply Memorandum With Regards To The Plaintiff's Motion For Class Certification , MOTION for Oral Arguement On The Motion For Class Certification by YORK COUNTY.Responses due by 9/15/2003. (mjl, ) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

45

REPORT AND RECOMMENDED DECISION re [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH be GRANTED with Certain Class definition Objections to R&R due by 9/15/2003 By Magistrate Judge DAVID M. COHEN. (mo, ) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

46

Joint MOTION to Extend Time Until 09/26/03 to File Objections to the Recommended Decision on Plaintiff's Motion for Class Certification by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH INCORPORATED MEMO. (ka, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

Joint MOTION to Amend Scheduling Order to Extend Discovery Deadline to 10/6/03 (Included within Docket #46) by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH INCORPORATED MEMO. (ka, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

47

ANSWER to Intervenor Complaint by YORK COUNTY.(ka, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

ENDORSEMENT granting [46] Motion to Extend Time. "9/9/03 Granted as prayed for. /s/ David M. Cohen USMJ" By Judge DAVID M. COHEN. (ka, ) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

***Set/Reset Deadlines as to [45] REPORT AND RECOMMENDED DECISION re [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH. Objections to R&R due by 9/26/2003.(ka, ) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

ENDORSEMENT granting [46] Motion to Amend Scheduling Order Discovery due by 10/14/2003. By Judge DAVID M. COHEN. (ka, ) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

48

Objection to Report and Recommended Decision re [45] Report and Recommended Decision, filed by MICHAEL GOODRICH, MICHELE NILSEN. Response to Objection to Report and Recommendations due by 10/14/2003. (ka, ) (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

49

Objection to Report and Recommended Decision re [45] Report and Recommended Decision, filed by YORK COUNTY. Response to Objection to Report and Recommendations due by 10/14/2003. (ka, ) (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

50

Response to Objection to Report and Recommended Decision re [45] Report and Recommended Decision, on Plaintiff's Motion for Class Certification filed by YORK COUNTY. (MARCHESI, PETER) Modified on 10/15/2003 to reflect counsel notified as to not file electronic pleadings in pre 2003 cases. Counsel advised to file pleading w/ signature (mnm, ). (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

51

Response to Objection to Report and Recommended Decision re [45] Report and Recommended Decision, filed by MICHAEL GOODRICH, MICHELE NILSEN. (mnm, ) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

52

Response to Objection to Report and Recommended Decision re [45] Report and Recommended Decision, filed by YORK COUNTY. (ka, ) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

53

NOTICE of Hearing: Hearing (ORAL ARGUMENT ON THE OBJECTIONS TO THE RECOMMENDED DECISION) set for 11/24/2003 03:00 PM in Courtroom 2 before JUDGE D. BROCK HORNBY. (mnm, ) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

54

NOTICE of Hearing (Oral Argument on the Objections to the Recommended Decision): Hearing re-set to 12/18/2003, 09:00 AM in Courtroom 2, before JUDGE D. BROCK HORNBY. (ka, ) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

56

OBJECTION TO SUBPOENA by Mark W. Lawrence, District Attorney (mnm, ) (Entered: 12/05/2003)

Nov. 13, 2003

Nov. 13, 2003

55

Minute Entry for proceedings held before Judge DAVID M. COHEN : Discovery Hearing held. (Court Reporter none) (COHEN, DAVID) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

57

REPORT OF HEARING AND ORDER - RE: DISCOVERY DISPUTE - By Judge DAVID M. COHEN. (mnm, ) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

58

Minute Entry for proceedings held before Judge D. BROCK HORNBY : Motion Hearing (ORAL ARGUMENT) held re OBJECTIONS TO [45] REPORT AND RECOMMENDED DECISION re [28] MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH. Matter taken under advisement. (Court Reporter PAULINE TERRY) (mnm, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

59

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE for [28] Motion to Certify Class filed by MICHELE NILSEN, MICHAEL GOODRICH, [45] Report and Recommended Decision. "It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiff's motion for class certification is GRANTED, but only as to a class under Fed. R. Civ. P. 23(b)(3) and only as to a class defined as follows: All people strip- searched at the York County Jail after October 14, 1996, under a policy or custom of conducting strip-searches without evaluating individualized reasonable suspicion: (1) while waiting for bail to be set or for a first court appearance after being arrested on charges that did not involve a weapon or drugs or a violent felony; or (2) while waiting for a first court appearance after being arrested on a default or other warrant that did not involve a weapon or drugs or a violent felony. SO ORDERED." By Judge D. BROCK HORNBY. (mnm, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

60

NOTICE of Appearance Pro Hac Vice of J. Lizette Richards filed by DAVID G. WEBBERT on behalf of MICHAEL GOODRICH, MICHELE NILSEN (ckb, ) (Entered: 12/24/2003)

Dec. 22, 2003

Dec. 22, 2003

61

NOTICE of Appearance Pro Hac Vice of Myong J. Joun filed by DAVID G. WEBBERT on behalf of MICHAEL GOODRICH, MICHELE NILSEN (ckb, ) (Entered: 12/24/2003)

Dec. 22, 2003

Dec. 22, 2003

62

Joint MOTION to Amend Scheduling Order To Enlarge Deadline For Designating Experts by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY. (mjl, ) (Entered: 01/05/2004)

Jan. 5, 2004

Jan. 5, 2004

Oral ORDER By Mag.Judge DAVID M. COHEN per t/c to Atty Webbert, Set Deadlines: Joint Proposed Discovery and Motion Plan due by 1/20/2004. In accordance with Magistrate Judge Cohen's review of this case, counsel shall file a joint proposed discovery and motion plan no later than January 20, 2004, following which a (telephone) conference of counsel will be scheduled should such be deemed necessary. To the extent counsel are unable to agree on certain issues, this joint plan shall reflect the parties differing positions on any such issues not agreed to by all parties.(slh, ) (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

Oral ORDER terminating [62] Motion to Amend Scheduling Order to extend expert deadlines By Mag.Judge DAVID M. COHEN. Cnsl to submit proposed plan encompassing all requested relief (for amendments to scheduling order deadlines). (slh, ) (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

63

Joint MOTION to Stay PROCEEDINGS AND DEADLINES UNTIL RESOLUTION OF INTERLOCUTORY APPEAL by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH MEMO IN SUPPORT. (mnm, ) (Entered: 01/21/2004)

Jan. 20, 2004

Jan. 20, 2004

64

ENDORSEMENT granting as prayed for [63] Motion to Stay PROCEEDINGS AND DEADLINES UNTIL RESOLUTION OF INTERLOCUTORY APPEAL - By Judge DAVID M. COHEN. (mnm, ) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

65

USCA ORDER GRANTING the Petition by York County for leave to appeal under Fed. R. Civ. 23(f). (bfa, ) (Entered: 02/04/2004)

Feb. 2, 2004

Feb. 2, 2004

Case Details

State / Territory: Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Oct. 15, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people strip-searched at the York County Jail after 10-14-96 without individualized reasonable suspicion who were awaiting bail or a first hearing on charges or a warrant that did not involve a weapon, drugs, or violent felony.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

York County (York), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run