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Case: O'Day v. Nassau County

0:99-cv-02844 | U.S. District Court for the Eastern District of New York

Filed Date: May 20, 1999

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 20, 1999, plaintiffs filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. Represented by private New York attorneys, the plaintiffs challenged the blanket strip search policy of the Nassau County Correctional Center. Under the policy, the plaintiffs alleged, all misdemeanor and minor offense arrestees were strip-searched, without reasonable suspicion that the arrestees were concealing weapons or other contraband. The plaintiffs allege…

On May 20, 1999, plaintiffs filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. Represented by private New York attorneys, the plaintiffs challenged the blanket strip search policy of the Nassau County Correctional Center. Under the policy, the plaintiffs alleged, all misdemeanor and minor offense arrestees were strip-searched, without reasonable suspicion that the arrestees were concealing weapons or other contraband. The plaintiffs alleged the policy violated the Fourth Amendment and sought declaratory and injunctive relief, monetary damages, and class certification.

This case, which was styled O'Day v. Nassau County, was one of three cases that were filed in U.S. District Court for the Eastern District of New York, challenging the blanket strip search policy of the Nassau County Correctional Center. The other two cases were Iaffaldano v. County of Nassau (JC-NY-44 in this database) and Augustin v. Jablonsky (JC-NY-24 in this database). The plaintiffs in all three cases moved to consolidate the cases and for class certification for a class defined as "all persons arrested for or charged with non-felony offenses who have been admitted to the Nassau County Correctional Center and strip searched without particularized reasonable suspicion." The District Court (Distrct Judge Denis J. Hurley) consolidated the cases, but denied class certification. Augustin v. Jablonsky , 2001 WL 770839 (E.D. N.Y. Mar. 08, 2001).

See Augustin v. Jablonsky (JC-NY-0024 in this database) for the full summary of proceedings occurring after consolidation of the three cases.

On April 10, 2014 the court entered final judgment for the defendant on Federal constitutional claims, and for the plaintiff class on state constitutional claims, awarding $11,508,000 in damages as well as attorney's fees. Both the plaintiff class and the defendant filed appeals.

The defendant filed for additional time to make the deposit necessary for the disbursement of compensatory damages. On April 30, 2014, Judge Denis R.

Hurley denied this motion as premature. The defendants then moved for a show cause hearing to stay the execution of judgment. Following a show cause hearing on June 4, 2014, the court ordered the award stayed for 180 days, with an alternative option to stay the award payment indefinitely with the posting of a $11,508,000 bond.

The defendants filed a motion to stay the final judgment in the 2nd Circuit Court of Appeals on November 12, 2014. The court granted this motion on December 23, 2014.

On February 26, 2016, the Appellate court (Judge Jose A. Cabranes, Judge Rosemary S. Pooler, Judge Denny Chin) upheld the District court ruling. The court agreed with the District court's reasoning that there were no grounds for federal relief but there were state constitutional violations for which plaintiffs should be awarded relief.

On August 18, 2016, the Appellate court denied the defendants' motion to stay the mandate. On September 6, 2016, the defendants filed a writ of certiorari to appeal to the U.S. Supreme Court. On October 12, 2016, the U.S. Supreme Court denied the writ of certiorari.

Litigation continued for a year regarding the distribution of funds. The case is now closed.

Summary Authors

Dan Dalton (3/5/2008)

Michael Abrams (10/28/2016)

Anna Brito (3/24/2019)

Related Cases

Augustin v. Jablonsky, Eastern District of New York (1999)

Iaffaldano v. Nassau County, Eastern District of New York (1999)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4319455/parties/oday-v-nassau-county/


Judge(s)

Brown, Gary Richard (New York)

Cabranes, José Alberto (Connecticut)

Chin, Denny (New York)

Hall, Peter W. (Vermont)

Hurley, Denis Reagan (New York)

Pooler, Rosemary S. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Judge(s)

Brown, Gary Richard (New York)

Cabranes, José Alberto (Connecticut)

Chin, Denny (New York)

Hall, Peter W. (Vermont)

Hurley, Denis Reagan (New York)

Pooler, Rosemary S. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Moore, Jonathan C. (New York)

Restituyo, Martin E (New York)

Scanlon, Vera M. (New York)

Smith, Jeffrey G. (New York)

Wang, Mariann Meier (New York)

Attorneys(s) for Defendant

Ben-Sorek, Liora M. (New York)

Ford, Bernadette K. (New York)

Goodman, Lorna B. (New York)

Lobasso, Christine Ann (New York)

Millus, Paul F. (New York)

Nocella, Joseph (New York)

Saffran, Dennis J. (New York)

Van Der Waag, Robert F. (New York)

Waters, Gerald C Jr. (New York)

Other Attorney(s)

Dickman, Mary M (New York)

Grieco, Matthew William (New York)

Schulz, David A (New York)

Documents in the Clearinghouse

Document

0:99-cv-02844

Docket [PACER]

Oct. 4, 2017

Oct. 4, 2017

Docket
90

0:99-cv-02844

Re: In re Nassau County Strip Search Cases [regarding class certification]

Aug. 18, 2004

Aug. 18, 2004

Pleading / Motion / Brief
89-2

0:99-cv-02844

Memorandum & Order [Denying Motion to Certify Class]

Aug. 20, 2004

Aug. 20, 2004

Order/Opinion
98

0:99-cv-02844

Correspondence Re: Settlement

Jan. 4, 2005

Jan. 4, 2005

Pleading / Motion / Brief
102

0:99-cv-02844

Correspondence Re: Settlement

June 24, 2005

June 24, 2005

Pleading / Motion / Brief
104

0:99-cv-02844

99-cv-03126

Stipulation of Settlement

June 24, 2005

June 24, 2005

Settlement Agreement
105

0:99-cv-02844

99-cv-03126

Final Judgment

July 5, 2006

July 5, 2006

Order/Opinion

05-04206

05-04211

05-04242

Appellate Opinion

In Re Nassau County Strip Search Cases

U. S. Court of Appeals for the Second Circuit

Aug. 24, 2006

Aug. 24, 2006

Order/Opinion
119-2

0:99-cv-02844

05-04206

05-04211

05-04242

Mandate of USCA

Augustin v. Nassau County

U. S. Court of Appeals for the Second Circuit

Oct. 10, 2006

Oct. 10, 2006

Order/Opinion
54-3

0:99-cv-02844

99-cv-03126

99-cv-04238

Order [Granting Class Certification]

Jan. 16, 2007

Jan. 16, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4319455/oday-v-nassau-county/

Last updated Nov. 28, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Nassau County, Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Jane/John Does 1-200 FILING FEE $ 150.00 RECEIPT # 219268 (Mierzewski, Liz) (Entered: 05/24/1999)

May 20, 1999

May 20, 1999

PACER
2

RETURN OF SERVICE executed as to Nassau Cty. Sheriff 5/21/99 Answer due on 6/10/99 for Nassau Cty. Sheriff (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
3

RETURN OF SERVICE executed as to Joseph Jablonsky 5/21/99 Answer due on 6/10/99 for Joseph Jablonsky (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
4

RETURN OF SERVICE executed as to Thomas S. Gulotta 5/21/99 Answer due on 6/10/99 for Thomas S. Gulotta (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
5

RETURN OF SERVICE executed as to Nassau County 5/21/99 Answer due on 6/10/99 for Nassau County (Bollbach, Jean) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
6

NOTICE of attorney appearance for Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Jane/John Does 1-200, Nassau County by Paul F. Millus (Mierzewski, Liz) (Entered: 06/17/1999)

June 16, 1999

June 16, 1999

PACER
7

ORDER, extending time, and resetting answer due for 7/12/99 for Nassau County, for Jane/John Does 1-200, for Joseph Jablonsky, for Thomas S. Gulotta, for Nassau Cty. Sheriff ( signed by Judge Denis R. Hurley, on 6/21/99) (Bollbach, Jean) (Entered: 06/22/1999)

June 17, 1999

June 17, 1999

PACER
8

ANSWER to Complaint by Nassau Cty. Sheriff, Thomas S. Gulotta, Joseph Jablonsky, Nassau County by atty Paul Millus (Warner, Pam) (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

PACER
10

ORDER, set status conference for 2:00 10/1/99 before Magistrate-Judge Arlene R. Lindsay ( signed by Magistrate-Judge Arlene R. Lindsay, on 8/3/99) c (Mierzewski, Liz) (Entered: 08/11/1999)

Aug. 3, 1999

Aug. 3, 1999

PACER
9

STIPULATION and ORDER, extending time to the filing of an amended complaint on or before 8/20/99 ( signed by Judge Denis R. Hurley, on 8/6/99) (Warner, Pam) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

PACER
11

ORDER set status conference for 2:00 10/1/99 ( signed by Magistrate-Judge Arlene R. Lindsay, on 8/13/99) cm (Warner, Pam) (Entered: 08/23/1999)

Aug. 16, 1999

Aug. 16, 1999

PACER
12

AMENDED CLASS ACTION COMPLAINT by Francis O'Day, (Answer due 9/3/99 for Nassau County, for Nassau Cty. Sheriff, for Thomas S. Gulotta, for Joseph Jablonsky, for Jane/John Does 1-200 ) amending [1-1] complaint against Stuart Moskowitz (Bollbach, Jean) (Entered: 08/30/1999)

Aug. 24, 1999

Aug. 24, 1999

PACER
13

ORDER, extending time, and setting answer due for 9/24/99 for Nassau County, for Nassau Cty. Sheriff, for Thomas S. Gulotta, for Joseph Jablonsky, for Jane/John Does 1-200 ( signed by Judge Denis Hurley, on 9/21/99) c/m (Bollbach, Jean) (Entered: 09/22/1999)

Sept. 20, 1999

Sept. 20, 1999

PACER
15

LETTER dated 9/24/99 from Paul Millus to USDJ Hurley RE: Requesting a pre-motion conference to dismiss the amended complaint. (Branciforte, Ralph) (Entered: 10/05/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER

Endorsment of [15-1] letter. Under the court's individual practices, pre-motion conferences are required only when a party seeks to move for summary judgment. parties seeking to make a different motion should confer with their adversary with respect to a briefing schedule; the movant should file all papers with the court once the motion is fully briefed. ( Signed by Judge Denis Hurley, on 9/26/99) (Branciforte, Ralph)

Sept. 27, 1999

Sept. 27, 1999

PACER
16

ANSWER by Joseph Jablonsky, Nassau County, Nassau Cty. Sheriff to amended complaint (Branciforte, Ralph) (Entered: 10/21/1999)

Sept. 28, 1999

Sept. 28, 1999

PACER
14

Letter MOTION by Francis O'Day, Stuart Moskowitz to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238, Motion hearing (Branciforte, Ralph) Modified on 11/04/1999 (Entered: 10/05/1999)

Sept. 29, 1999

Sept. 29, 1999

PACER

Endorsed order granting [14-1] motion to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238. mr. Herbst is to so advise all parties prior to the 10/1/99 conference, and provide them with a copy of this order. ( Signed by Magistrate-Judge Arlene R. Lindsay, on 9/29/99) EOD# 14 CF (Branciforte, Ralph) Modified on 11/04/1999

Sept. 29, 1999

Sept. 29, 1999

PACER
17

Calendar entry: Before USMJ Lindsay on 11/16/99. Counsel on civil action numbers: 99 CV 2844; 99 CV 3126; and 99 CV 4238 are to appear before the undersigned for an initial conference on 1/6/00 at 2:00 PM. CM (Branciforte, Ralph) (Entered: 11/23/1999)

Nov. 16, 1999

Nov. 16, 1999

PACER
18

STIPULATION and ORDER Plaintiff withdraws any and all claims in this action against County Executive Thomas S. Gulotta, without prejudice. In the event that plaintiff allegedly determines that County executive Thomas S. Gulotta should be reinstated as a proper party defendant, plaintiff must seek leave of the Court to do so, unless otherwise stipulated between the parties. In the event that plaintiff seeks to reinstate the claims in this action against County executive Thomas S. Gulotta, while preserving any and all other defenses to such claims, defendants shall not raise the Statute of Limitations as a bar to such claims. ( signed by Judge Denis Hurley, on 11/22/99) (Branciforte, Ralph) (Entered: 11/30/1999)

Nov. 22, 1999

Nov. 22, 1999

PACER
19

Calendar entry: Before USMJ Lindsay on 1/6/00 @ 2:00 PM. Civil Cause For Initial Confernece. Case called. Counsel for parties present. Pre-trial Scheduling order adopted. (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
20

SCHEDULING ORDER setting Settlement Conference by 10:30 7/20/00 ; Discovery cutoff 6/23/00 ; Pretrial order to be submitted on or before 7/14/00 ; Request for Pre-Motion 6/30/00. ( signed by Magistrate Arlene R. Lindsay, on 1/6/00) CG (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER

Status conference held (Branciforte, Ralph)

Jan. 6, 2000

Jan. 6, 2000

PACER
21

Letter MOTION by Joseph Jablonsky, Nassau Cty. Sheriff, Nassau County To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Motion hearing (Branciforte, Ralph) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

PACER

Endorsed order granting [21-1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley, on 3/10/00) EOD# 21 (Branciforte, Ralph)

March 10, 2000

March 10, 2000

PACER
22

ORDER Plaintiffs' application to extend the Scheduling Order issued by USMJ Lindsay is referred to USMJ Lindsay. In addition, the motion to dismiss filed by the Port Washington Defendants in 99 CV 4238 is administratively terminated as such defendants were dismissed from that case by order dtd. 6/16/00. (Judge Denis R. Hurley, dtd. 6/26/00) (Branciforte, Ralph) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

PACER
23

ORDER, resetting settlement conference for 2:00 11/2/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay, on 7/12/00) CM (Branciforte, Ralph) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

PACER
24

ORDER, that request for extension of time is denied however, a 60 day extension of disocvery is granted. all discovery is to conclude by 11/27/00. The parties are advised that, due to the age of this case, no further extensions of discovery will be granted. Request for a premotion conference by 12/7/00. Joint pretrial order by 12/14/00. Settlement conference scheduled for 12/21/00 @2:00 ( signed by Magistrate Arlene R. Lindsay, on 9/22/00) (Mierzewski, Liz) (Entered: 10/04/2000)

Sept. 22, 2000

Sept. 22, 2000

PACER

LETTER dated 12/7/00 from Counsel for pltff to Judge Hurley re: Request for a pre-motion conference. (Mierzewski, Liz)

Dec. 7, 2000

Dec. 7, 2000

PACER
25

LETTER dated 12/1/00 from Robert L Herbst to Judge Lindsay re: Request for additional time to complete discovery in this matter. (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

PACER
26

ORDER granting [26-1] motion to extend time for the settlement conference scheduled for 12/21/00 ( signed by Magistrate Arlene R. Lindsay, on 12/12/00) cm (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

PACER
27

LETTER dtd. 2/1/01 from Keith Tashima, Law Clerk to USMJ Lindsay, to Counsel RE: All discovery was to be concluded by 9/25/00; Proposed Joint Pre-Trial Order was to be submitted by 10/19/00 and is now overdue. A proposed is to be submitted to Chamber immediatley. Please be advised that no requests to extend the above deadlines will be granted. (Branciforte, Ralph) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
28

Calendar entry:, Before Magistrate Judge Lindsay dtd 2/9/01 Civil Cause for conference. All parties present. set status conference for 10:00 3/14/01 before Magistrate Arlene R. Lindsay (Mierzewski, Liz) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

PACER
29

ORDER, reset status conference for 3:00 4/2/01 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay, on 3/7/01) cm (Mierzewski, Liz) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

PACER
30

MEMORANDUM and ORDER, granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto ( signed by Judge Denis Hurley, on 3/8/01) cm (Mierzewski, Liz) (Entered: 03/12/2001)

March 8, 2001

March 8, 2001

PACER

Consolidated Lead Case (Mierzewski, Liz)

March 12, 2001

March 12, 2001

PACER
31

Calendar entry:, Before Magistrate Judge Lindsay dtd 4/2/01 Civil Cause for conference. All parties present. At an initial conference held on 10/1/99, a discovery schedule was set with respect to the individual pltffs. All discovery was to conclude by 6/23/00. By order dtd 6/23/00 this Court granted pltffs' request to extend the discovery schedule and directed the parties to complete discovery by 9/5/00. The parties were advised that in the event the class certification motion changed the landscape of discovery, the discovery schedule could be revised. On 3/8/01, Judge Hurley rendered a decision denying class certification. Inasmuch as the discovery cut-off date was 9/25/00 and there has been no class certification, this case will be marked ready for trial. A settlement conference will be held on 5/30/01 @10:00. If the case does not settle, this case will be marked ready for trial. In the event Judge Hurley reverses his prior decision dtd 3/8/01, the above settlement conference will include a discussion of a newly revised discovery schedule. set pretrial order due for 5/1/01 So Ordered. (Mierzewski, Liz) (Entered: 04/05/2001)

April 2, 2001

April 2, 2001

PACER

Endorsed order, (in doc. 31) set settlement conference for 5/30/01 before Magistrate Arlene R. Lindsay ( Signed by Magistrate Arlene R. Lindsay, on 4/2/01) (Mierzewski, Liz)

April 2, 2001

April 2, 2001

PACER
34

MOTION by Pltffs., Gardy Augustin, et al for reconsideration of [30-1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto, Motion hearing [34-1] motion Motion file stamped: 4/17/01 and mailed/served: 4/17/01 (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

PACER
35

MEMORANDUM by pltffs in support of [34-1] motion for reconsideration of [30-1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

PACER
36

MEMORANDUM by defts. in opposition to [34-1] motion for reconsideration of [30-1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

PACER
37

REPLY MEMORANDUM OF LAW by Pltffs in further [34-1] motion for reconsideration of [30-1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto (Mierzewski, Liz) (Entered: 05/01/2001)

April 17, 2001

April 17, 2001

PACER
43

LETTER dated 4/17/01 from Jeffrey Smith to USDJ Hurley RE: Enclosing courtesy copies of Plaintiffs' motion for reconsideration. (Branciforte, Ralph) (Entered: 05/22/2001)

April 18, 2001

April 18, 2001

PACER
32

ORDER, that the internal cross-reference to footnote 5 appearing on page 26 of the Court's Memorandum opinion and Order dtd 3/8/01, is hereby corrected on the court's own initiative pursuant to Federal Rule of Civil Procedure 60 (a) to read "see discussion supra note 6" to cure a clerical error, it appearing that no appeal in this action has been docketed within the meaing of Federal Rule of Appellate Procedure 7(d)(3) or otherwise. ( signed by Judge Denis Hurley, on 4/16/01) cm (Mierzewski, Liz) (Entered: 04/23/2001)

April 19, 2001

April 19, 2001

PACER
33

LETTER dated 4/23/01 from counsel for defts. to Judge Hurley re: Request that the court consider this reponse to pltffs' reply memorandum of law date 4/17/01. Request that the court deny pltff's motion for reconsideration and to affirm the order denying class certification. (Mierzewski, Liz) (Entered: 05/01/2001)

April 24, 2001

April 24, 2001

PACER
38

ORDER, that the court will consider both reply and sur-reply of defts. and denies pltffs' letter application to disregard the latter. ( signed by Judge Denis Hurley, on 4/26/01) cm (Mierzewski, Liz) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

PACER
39

LETTER dated 4/25/01 from Jeffrey Smith to Judge Hurley re: The Court's order of March 28 01 does not permit the filing of a surreply, nor do defts. attempt to offer any justification, legal or otherwise for the submission of the letter dtd 4/23/01...(See order in doc. 38) (Mierzewski, Liz) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

PACER
41

LETTER dated 4/10/01 from Paul Millus to Judge Hurley re: Acknowledgment of receipt of the letter dtd 4/5/01 from Jeffrey Smith. Deft's will not submit any requested modifications to the proposed order.. (Mierzewski, Liz) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

PACER
40

ORDER, that the court having ordered this case and the member cases, (99cv3126 and 99cv4238), consolidated for all pruposes by Memo and Order dtd 3/8/01, it is ORDERED that the said cases be collectively referred to as In re Nassau County Strip Search Cases and that a master file shall be and hereby is established for the consolidated proceedings in the consolidated actions, bearing the docket number Master File No. 99cv2844 (DRH)(ARL). When a paper is intended to be applicable to all actions to which this order is applicable, the words, "ALL Actions" shall appear immediately below the words "This Document relates to". (See order for more details ( signed by Judge Denis Hurley, on 4/26/01) cm (Mierzewski, Liz) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

PACER
42

JOINT PRETRIAL ORDER filed (Mierzewski, Liz) (Entered: 05/04/2001)

May 2, 2001

May 2, 2001

PACER
44

MEMORANDUM and ORDER denying [34-1] motion for reconsideration of [30-1] order granting motion to consolidate cases, Denying motion for certification of a unified class action and appointment of class counsel, and denying without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel. The parties in the erstwhile unconsoldated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in it stead a proposed order of consolidation, and the remaining parties may serve and file withing 10 days after service thereof letter submissions proposing appropriate changes thereto ( signed by Judge Denis Hurley, on 5/23/01) cm (Mierzewski, Liz) (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

PACER
45

LETTER dated 5/29/01 from Jeffrey Smith to USMJ Lindsay RE: Requesting an adjournment of the 5/30/01 settlement conference. (Branciforte, Ralph) (Entered: 05/31/2001)

May 29, 2001

May 29, 2001

PACER
46

Calendar entry: Before USMJ Lindsay on 5/30/01 @ 10:00 a.m. Civil Cause For Telephone Status Conference. Case called. Counsel for parties present. Rulings: All discovery is complete. Parties have advised that there is no chance of settlement at this time. This case is marked ready for trial and is returned to the District Court. CF (Branciforte, Ralph) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

PACER
47

PRETRIAL ORDER filed ( signed by Magistrate Arlene R. Lindsay, on 5/30/01) (Branciforte, Ralph) (Entered: 06/05/2001)

May 30, 2001

May 30, 2001

PACER

Tele-conference held (Branciforte, Ralph)

May 30, 2001

May 30, 2001

PACER

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria)

May 30, 2001

May 30, 2001

PACER
48

LETTER dated 5/16/02 from Paul Millus to Judge Hurley re: So the Court is aware as it determines the future proceedings before the Court, Nassau County intends to file a petition for a Writ of Certiorari with the United States Supreme Court to further the issue of the constitutionality of Nassau County's then strip search policy. (Mierzewski, Liz) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

PACER

Endorsement [48-1] letter. Defendants are directed to the Court's Individual Practice Rule 2(A), and to serve and file a letter responsive to the letter of the Iaffaldano and Augustin plaintiffs dtd 12/7/00, seeking a pre-motion conference regarding their proposed motion for summary judgment. This order is related to: Augustin, No. CV99-3126; Iaffaldano, No CV99-4238 ( Signed by Judge Denis Hurley, on 5/20/02) cm (Mierzewski, Liz)

May 20, 2002

May 20, 2002

PACER
49

LETTER dated 8/26/02 from Paul Millus to USDJ Hurley RE: Defendant's position regarding plaintiff's intended motion for summary judgment. When I last spoke to one of your law clerks on this subject, I mentioned that I had no objection to plaintiffs' making such a motion and that I intended to file papers simply to preserve my rights on the issue of the unconstitutionality of Nassau County Correctional Center's strip search policy. As the Second Circuit has spoken on this issue, I simply need to make my record, I not that by 10/12/02, the Nassau County defendants intend to file their petition for a writ of certiorari. (Branciforte, Ralph) (Entered: 09/11/2002)

Aug. 27, 2002

Aug. 27, 2002

PACER
50

ORDER: The requirement of a pre-motion conference is waived. The Augustin and Iaffaldano plaintiffs may serve the motions for summary judgment before 10/1/02; the briefing schedule on any such motions shall thereafter be governed by Local Civil Rules 6.1(b) and 6.4. In the event the Augustin and Iaffaldano plaintiffs decide to move in consolidated fashion with one motions, then the page limitations on the parties memoranda shall be 150% of that ordinarily provided for in this Court's individual rule 2.C. Upon pain of admission of material facts, any Rule 56.1 Statement by a non-movant shall comply with the standards set forth in New York ex rel. Spitzer v. St. Francis Hospital and Rodriguez v. Schneider. The parties may seek relief from the briefing schedule set forth herein by filing, by 9/24/02, a stipulation and proposed order setting forth a consented-to schedule. ( signed by Judge Denis Hurley, on 9/9/02) CM (Branciforte, Ralph) (Entered: 09/11/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
51

LETTER dated 9/24/02 from Robert L. Herbst to Hon. J. Hurley requesting additional time to attempt to complete a resolution with the defense counsel that would make unnecessary the briefing schedule that the court had set. (Barhome, Sydelle) (Entered: 10/02/2002)

Sept. 25, 2002

Sept. 25, 2002

PACER
52

ORDER, that defendant's motion for judgment on the pleadings shall be served on or before 11/6/02. ( signed by Judge Denis Hurley, on 10/1/02) cm (Mierzewski, Liz) (Entered: 10/08/2002)

Oct. 1, 2002

Oct. 1, 2002

PACER
55

LETTER dated 10/3/02 from Counsel for plaintiff to Judge Hurley re: Request for a pre-motion conference prior to making a new motion for partial class certification on the issues of liability and punitive damages. (Mierzewski, Liz) (Entered: 01/09/2003)

Oct. 3, 2002

Oct. 3, 2002

PACER
53

LETTER dated 10/4/02 from Paul Millus to USDJ Hurley RE: Defendants have determined that it is incumbent upon Mr. Herbst and his fellow proposed putative class counsel to prepare the proposed stipulation for my review which should incoporate all requisite material and undisputed facts which they contend would entitle plaintiffs to summary judgment and appropriate language reserving defendants' rights to further challenge a liability finding if the U.S. Supreme Court rules in defendants' favor. (Branciforte, Ralph) (Entered: 10/09/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
54

LETTER dated 10/7/02 from Counsel for plaintiff to Judge Hurley re: Response to defense counsel's October 4, 2002 letter to the Court. (Mierzewski, Liz) (Entered: 10/17/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
56

LETTER dated 10/9/02 from Counsel for Defendants to Judge Hurley re: Defendants intend to oppose any new motion made by the plaintiffs for partial class certification. (Mierzewski, Liz) (Entered: 01/09/2003)

Oct. 10, 2002

Oct. 10, 2002

PACER
57

Calendar entry: Before Judge Hurley on 12/12/02 @3:30 p.m. Case called for Pre-Motion conference for Proposed Motion for Partial class certification. For Plaintiff: Robert Herbst, Alan McDowell, Jeffrey Smith and Matthew Briarkerhoff. Plaintiff's proposed motion for partial class certification shall be served on or before 1/16/03, Defendant's opposition 2/6/03, Plaintiffs' reply 2/20/03 and Plaintiffs shall file all originals and courtesy copies for the Court on 2/25/03. (Mierzewski, Liz) (Entered: 01/09/2003)

Dec. 2, 2002

Dec. 2, 2002

PACER
59

MOTION by Francis O'Day, Stuart Moskowitz to certify class action, No Motion hearing Motion file stamped: 2/25/03 and mailed/served: 1/16/03 (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
60

MEMORANDUM by Joseph Jablonsky, Nassau County in opposition to [59-1] motion to certify class action (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
61

REPLY MEMORANDUM OF LAW by Francis O'Day, Stuart Moskowitz in further [59-1] motion to certify class action (Mierzewski, Liz) (Entered: 02/28/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
58

Letter MOTION by Nassau County to extend time for defendant's to serve responsive papers, No Motion hearing (Mierzewski, Liz) (Entered: 02/12/2003)

Feb. 5, 2003

Feb. 5, 2003

PACER

Endorsed order granting [58-1] motion to extend time for defendant's to serve responsive papers; Briefing schedule is adjusted as follows: Defendants shall serve their opposition papers on or before 2/14/03; (2) Plaintiff shall serve their reply papers on or before 2/28/03; (3) Plaintiffs shall file all originals and courtesy copies for the Court on 3/7/03; (4) in all other respects, the Court's original scheduling order shall control ( Signed by Judge Denis Hurley, on 2/7/03) cm (Mierzewski, Liz)

Feb. 7, 2003

Feb. 7, 2003

PACER
63

Letter MOTION by County of Nassau to extend time to respond to plaintiffs' application to renew the argument in support of class certification, No Motion hearing (Mierzewski, Liz) Modified on 03/04/2003 (Entered: 03/04/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER
62

Letter MOTION by Francis O'Day, Stuart Moskowitz to extend time to serve reply papers to the motion for class certification to 2/25/03, No Motion hearing (Mierzewski, Liz) (Entered: 03/04/2003)

Feb. 19, 2003

Feb. 19, 2003

PACER

Endorsement [63-1] letter. Plaintiff's response shall be served on or before 2/18/03; Defendants reply shall be served by 3/4/03; Defendants shall file all originals and courtesy copies on 3/6/03; the Court's original scheduling order controls in all other respects. ( Signed by Judge Denis Hurley, on 2/24/03) cm (Mierzewski, Liz)

Feb. 24, 2003

Feb. 24, 2003

PACER

Endorsed order granting [62-1] motion to extend time to serve reply papers to the motion for class certification to 2/25/03 ( Signed by Judge Denis Hurley, on 2/24/03) cm (Mierzewski, Liz)

Feb. 24, 2003

Feb. 24, 2003

PACER
64

ORDER denying 59 Motion to Certify Class. Signed by JudgeDenis R. Hurley on 9/23/03.cm (Mierzejewski, Elizabeth) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

PACER
65

ORDER that the Court has received Plaintiffs' two page request for reconsideration. Defendants are ordered to file their response to this request on or before 10/10/03. Plaintiffs shall file their reply letter, if any, on or before 10/14/03. . Signed by Judge Denis R. Hurley on 10/2/03. cm(Mierzejewski, Elizabeth) (Entered: 10/17/2003)

Oct. 2, 2003

Oct. 2, 2003

PACER
66

LETTER dtd 9/30/03 from Plaintiffs' counsel to Judge Hurley Regarding Request for the Court's assistance in expediting either settlement or trial of these actions, which were file four years ago.. (Mierzejewski, Elizabeth) (Entered: 10/17/2003)

Oct. 2, 2003

Oct. 2, 2003

PACER
69

Letter dtd.10/9/03 from Orrit Hershkovitz, Paul F. Millus to Hon. J. Hurley on behalf of dfts to oppose another request by plfs for reconsideration of the Court's ruling with respect to class certification, which should be denied for reasons outlined in this letter. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 10, 2003

Oct. 10, 2003

PACER
70

Letter dtd. 10/14/03 from Robert L. Herbst to Hon. J. Hurley writing on behalf of plf and putative class members in response to dfts' letter of 1/9/03 : plfs' punitive damages claim presents an issue of fact and law common to all plfs' and putative class members, further justifying class certification. Unlike the cases cited by dfts, the punitive damages claim presented here lends itself to class-wide adjudiation. For these reasons, the Court should reconsider its most recent ruling and grant plfs' motion for class certification or partial class certification. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
67

LETTER MOTION dtd 10/15/03 from Counsel for Defendants to Judge Hurley re: Request for an extension of time to file a response, if any, to the Court's invitation to address the issue of whether liability has been conceded for all purposes in this action against all defendants.. (Mierzejewski, Elizabeth) Modified on 10/30/2003 (Mierzejewski, Elizabeth). (Entered: 10/30/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER

ORDER granting the 67 Letter motion by defendants for an extension of time to file a response, if any, to the Court's invitation to address the issue of whether liability has been conceded for all purposes in this action. Defendants shall file their contemplated papers on or before 10/17/03 @12:00 noon on 10/21/03.. Signed by Judge Denis R. Hurley on 10/16/03. cm(Mierzejewski, Elizabeth)

Oct. 16, 2003

Oct. 16, 2003

PACER
73

Letter REQUEST dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley requesting permission to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action against all dfts as requested in the decision of 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
71

Letter dtd. 10/20/03 from Robert L. Herbst to Hon. J. Hurley replying to dfts' letter of 10/17/03: Court should reconsider its prior decision and grant plfs' motion for class certificiation on liability, for reasons outlined in this letter. (Barhome, Sydelle) (Entered: 11/17/2003)

Oct. 21, 2003

Oct. 21, 2003

PACER
72

Letter REQUEST dtd. 10/22/03 from Paul F. Millus to Hon. J. Hurley responding to Mr. Herbst's letter to Court dtd. 10/20/03 in which he again seeks this court's reconsideration of the class certification issue. Nassau County requests permission to submit a response to Mr. Herbst's letter by 11/3/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Oct. 22, 2003

Oct. 22, 2003

PACER
68

MEMORANDUM AND OPINION: (Case also relates to 99CV3126; 99-CV4238) Court concludes that Plfs' motion for reconsideration is GRANTED. Court DECLINES to alter or amend its 9/23/03 order. With regard to Plfs' request to expedite resolution of this case (9/30/03 letter), the parties shall report to Judge Hurley's chambers at 2:00pm on 12/5/03. Case set for trial on 2/2/03. Jury selection shall be conducted @9:30, same date.. Signed by Judge Denis R. Hurley on 11/7/03. (Barhome, Sydelle) (Entered: 11/13/2003)

Nov. 7, 2003

Nov. 7, 2003

PACER
74

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior-Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Dec. 5, 2003

Dec. 5, 2003

PACER
75

ORDER that the Final Pretrial Conference is set for 1/16/2004 03:00 PM before Judge Denis R. Hurley. All parties are instructed to attend this conference with the authority to discuss settlement. The trial date is adjourned until a date to be decided at the 1/16/04, conference.. Signed by Judge Denis R. Hurley on 12/5/03. cm(Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Dec. 5, 2003

Dec. 5, 2003

PACER
76

Calendar Entry for proceedings held before Denis R. Hurley on 1/16/04 at 3:15 p.m. for Civil Cause for Final Pretrial Conference; Appearances: For pltff.: Robert Herbst, Matthew Brinckerhoff; For deft.: Michael Langer. Case called. Counsel for all sides present. Court recommends settlement amount. Counsel to confer and contact the Court on 1/30/04 at 1:30 p.m. by phone. Jury selection & trial scheduled for 4/19/04 at 9:30 a.m. Jury selection set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley; Jury trial set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley. Trial anticipated to last three (3) weeks. (Fagan, Linda) (Entered: 01/27/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
77

Letter from Michael J. Langer to Honorable Denis R. Hurley, dated 1/20/04 re: To request that the defts have until Wednesday, 1/28/04, by which time they will inform the Court as to how the defts wish to proceed with respect to whether or not the defts intend to reopen the issue of the defts' concession of liability for the strip searches conducted on pltffs in this matter. (Fagan, Linda) Modified on 2/4/2004 (Fagan, Linda). (Entered: 02/04/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER

Endorsed ORDER on 77 Letter. Application Granted. ( Signed by Judge Denis R. Hurley on 1/26/04. ) eod #77(Fagan, Linda)

Jan. 26, 2004

Jan. 26, 2004

PACER
78

LETTER MOTION dtd 1/28/04 from Counsel for Defendants to Judge Hurley Regarding: Defendanta wish to clarify their concession of liability with respect to the strip searches conducted on plaintiffs in this matter. (Mierzejewski, Elizabeth) (Entered: 02/05/2004)

Jan. 28, 2004

Jan. 28, 2004

PACER
79

ORDER re 78 Letter motion. In accordance with the Court's directions at the 1/16/04, conference, Defendants have submitted a letter regarding their concession of liability. In this letter, Defendants have indicated that they wish to modify their previous concession of liability. Pursuant to that request, Defendants request leave to file a formal clarification of their concessions. The Court will entertain, as a cross motion, a renewed motion to certify a class. With that said, the parties shall adhere to the following schedule: Defendants shall submit their proposed motion on or before 2/17/04. Plaintiffs shall submit their opposition, if any, as well as any cross-motion, on or before 3/5/04, as well as their opposition to any cross motion, on or before 3/22/04; Plaintiffs shall serve their reply with regard to any cross motion on or before 32/9/04; If no cross motion is filed, Defendants shall file all originals, as well as courtesy copies fo the Court on 3/22/04; if a cross motion is filed Plaintiffs shall file all originals, as well as courtesy copies for the Court, on or before 3/29/04.. Signed by Judge Denis R. Hurley on 1/29/04. cm(Mierzejewski, Elizabeth) (Entered: 02/05/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER
82

MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/05/2004)

March 19, 2004

March 19, 2004

PACER
83

MEMORANDUM in Opposition re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

PACER
84

REPLY in Support re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

PACER
85

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1-200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

PACER
87

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1-200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

March 19, 2004

March 19, 2004

PACER
80

LETTER MOTION dtd 3/22/04 from Counsel for Defendants to Judge Hurley Regarding Request that this Court allow the plaintiffs to file all submissions with the Court on the motion and cross motion on 3/29/04.. (Mierzejewski, Elizabeth) (Entered: 03/29/2004)

March 22, 2004

March 22, 2004

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 20, 1999

Closing Date: 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons arrested for misdemeanors or non-criminal offenses in Nassau County who were strip searched at Nassau County Correctional Facility pursuant to defendants' Blanket Policy, from May 20, 1996 until June 1, 1999.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nassau County Sheriff's Department (Nassau), County

Nassau County (Nassau), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

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

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run