Case: Mack v. Suffolk County

1:98-cv-12511 | U.S. District Court for the District of Massachusetts

Filed Date: July 13, 1998

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On July 13, 1998, plaintiff, Bronwyn Ford, filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of Massachusetts, seeking damages from the City of Boston arising from two alleged strip-searches that followed her arrest on a defective warrant. Brown claimed that after being wrongly arrested, she was taken to the Boston Police Station on Berkeley Street where she was strip-searched and was then transported to the Suffolk County Jail on Na…

On July 13, 1998, plaintiff, Bronwyn Ford, filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of Massachusetts, seeking damages from the City of Boston arising from two alleged strip-searches that followed her arrest on a defective warrant. Brown claimed that after being wrongly arrested, she was taken to the Boston Police Station on Berkeley Street where she was strip-searched and was then transported to the Suffolk County Jail on Nashua Street were she was strip-searched again, prior to her detention. Brown further alleged that while in custody she was denied medical treatment by officials deliberately indifferent to her needs. She alleged violations of the Fourth, Fifth, Eighth and Fourteenth Amendments of the U.S. Constitution and of Massachusetts state law. Suffolk County was subsequently added as a defendant.

On December 10, 1998, a female plaintiff represented by Boston civil rights attorney Howard Friedman filed a class action Section 1983 lawsuit in the United States District Court for the District of Massachusetts. The lawsuit challenged the strip search policies of the Boston Police Department and the Suffolk County Sheriff's Department. The class action case, styled Mack v. Suffolk County, alleged that all women arrested by the Boston Police Department and who could not post bail were transported to the Suffolk County Jail for detention pending an initial court appearance. Mack further alleged that at all persons confined at the Suffolk County Jail were subjected to a stripsearch and a visual body cavity search, regardless of the offense charged and whether or not there was reasonable suspicion that the search would produce weapons or contraband. Mack alleged that the County's blanket strip search policy violated the Fourth Amendment. Mack further alleged that because the Boston PD only sent female pre-arraignment detainees to the Suffolk County Jail (male detainees were held in police holding cells), only female detainees had to suffer through the unconstitutional blank strip-search policy, in violation of the Equal Protection Clause of the Fourteenth Amendment.

The Ford and Mack cases were litigated separately for over a year. During that time, the respective parties engaged in motion practice and discovery. The Mack case was certified as a class action on February 16, 2000. Mack v. Suffolk County, 191 F.R.D. 16 (D. Mass. 2000) (District Judge Nancy Gertner). In an unpublished order, Judge Gertner consolidated the cases on April 4, 2000. While the Ford case was designated as the lead case because it had been filed first, the consolidation order essentially placed the cases under the leadership of class counsel Friedman. After the consolidation, Ms. Ford decided to opt out of the class so that she could pursue her individual damage claim.

All parties filed cross-motions for summary judgment, which Judge Gertner ruled on in two separate opinions dated July 31, 2001. As to the Mack class claims, Judge Gertner noted that Suffolk County strip search policy changed over the relevant class period. Until late May 1999, the policy was for all prisoners to be strip searched. On May 24, 1999, the policy was amended to require a finding of probable cause prior to a strip-search of an arrestee charged with a misdemeanor, but continued to require strip-searches of all arrestees charged with felonies. On September 20, 1999, the County eliminated altogether the routine strip-searching of pre-arraignment detainees. Because of the policy change, Judge Gertner created two sub-classes: (1) Sub- class I: class members who were searched following arrests (either originally or on a default warrant) for offenses involving neither violence nor drugs (class representative Katrina Mack); and (2) Sub-Class II: the remaining class members, who were searched after following arrests for offenses (either misdemeanors or felonies) involving drugs or ``violence" (class-representative to be determined). Judge Gertner found that the County's search policies during the class period were facially unconstitutional under the Fourth Amendment. She entered summary judgment against both the City and the County for the strip searches of women charged with felonies and misdemeanors not involving drugs or guns, and for women arrested on default warrants for such offenses. Summary judgment was denied as to particular strip-searches of women who arrested for drug offenses or violent crimes. Ford v. City of Boston, 154 F. Supp.2d 131 (D. Mass. 2001).

On Ford's individual claims, Judge Gertner granted Ford summary judgment on the issue of liability for her Fourth Amendment and equal protection claims (strip-searches). Sheriff Rouse was granted qualified immunity for Ford's claims and the County was granted summary judgment on Ford's medical deprivation claim. Ford v. City of Boston, 154 F.Supp.2d 123 (D.Mass. 2001).

Immediately after the rulings, the City and the Mack class began settlement discussions. The City initially refused to talk settlement with Ford, but eventually agreed to mediation. Ford's claims did not settle. Mediation proceeded with the class claims and a global settlement was reached with both the City and the County.

Under the Settlement Agreement, which was approved by the Court on October 1, 2002, the County and the City agreed to pay $10 million ($5 million from each) for settlement of the class claims. Of that sum, the Court approved $3 million for attorney's fees (30%), plus $142,101 for litigation costs (1.42%) and $110,247 for claims administration expenses (1.1%) for a total of 32.52% of the settlement. Class representatives were awarded a $15,000 incentive bonus. The remainder was allocated among the class members per an agreed distribution formula. (See JC-MA-10-0002).

Suffolk County did not timely make its $5 million settlement payment and was held in contempt. The Court levied fines $74,948.79 against Suffolk County.

The Ford case eventually settled as well on all issues except attorney's fees. Judge Gertner awarded Ford's attorneys only $18,816.50, finding that Ford piggybacked the efforts of attorney Friedman in the Mack litigation.

We have no information indicating material post-settlement activity in either case.

Summary Authors

Dan Dalton (2/10/2008)

People


Judge(s)

Gertner, Nancy (Massachusetts)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Klein, Eric N. (Massachusetts)

Samit, Audrey (Massachusetts)

Attorneys(s) for Defendant

Cabral, Andrea J. (Massachusetts)

Cawley, Kathleen (Massachusetts)

Cox, Stephen G. (Massachusetts)

Garand, Melissa J. (Massachusetts)

Giorlandino, Salvatore (Massachusetts)

Judge(s)

Gertner, Nancy (Massachusetts)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Klein, Eric N. (Massachusetts)

Samit, Audrey (Massachusetts)

Attorneys(s) for Defendant

Cabral, Andrea J. (Massachusetts)

Cawley, Kathleen (Massachusetts)

Cox, Stephen G. (Massachusetts)

Garand, Melissa J. (Massachusetts)

Giorlandino, Salvatore (Massachusetts)

Goldsmith, Michael A. (Massachusetts)

King, Rose E. (Massachusetts)

Piemonte-Stacy, Eve (Massachusetts)

Powers, Anne P. (Massachusetts)

Weise, Susan M (Massachusetts)

Other Attorney(s)

Garin, Patricia (Massachusetts)

Documents in the Clearinghouse

Document

1:00-cv-11485

Docket [PACER - Related Case]

Conrad v. City of Boston

Nov. 5, 2002

Nov. 5, 2002

Docket

1:98-11346

Docket [PACER]

Ford v. Commonwealth of Massachusetts

Feb. 3, 2004

Feb. 3, 2004

Docket

1:98-cv-12511

Docket [PACER]

Mack v. Suffolk County, et al

May 11, 2005

May 11, 2005

Docket
22

1:98-cv-12511

Second Amended Complaint

June 21, 1999

June 21, 1999

Complaint
56

1:98-11346

Second Amended Complaint with Jury Demand

Ford v. City of Boston, Suffolk County, & Richard Rouse

Dec. 6, 1999

Dec. 6, 1999

Complaint
45

1:98-cv-12511

Memorandum and Order

191 F.R.D. 16

Feb. 16, 2000

Feb. 16, 2000

Order/Opinion
46

1:98-cv-12511

1:98-11346

Order of Consolidation

Mack v. City of Boston, Suffolk County, & Richard Rouse

April 4, 2000

April 4, 2000

Order/Opinion
53

1:98-cv-12511

Intervenors' Complaint

April 14, 2000

April 14, 2000

Complaint
101

1:98-11346

Memorandum Re: Motion for Recusal

Ford v. Suffolk County

133 F.Supp.2d 116

March 13, 2001

March 13, 2001

Order/Opinion
121

1:98-11346

Memorandum Re: Motion for Summary Judgment by and Against the Class Plaintiffs

Ford v. City of Boston, et al

154 F.Supp.2d 131

July 31, 2001

July 31, 2001

Order/Opinion

Resources

Docket

Last updated July 21, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed. Case assigned to Judge: Gertner. Receipt #: 10919 Amount:$ 150.00. Fee Status: pd (fmr) (Entered: 12/14/1998)

Dec. 10, 1998

Dec. 10, 1998

Summons issued for Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of (fmr) (Entered: 12/14/1998)

Dec. 10, 1998

Dec. 10, 1998

2

Return of service executed as to Richard J. Rouse with service on 12/14/98 filed. Answer due on 1/3/99 for Richard J. Rouse (fmr) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

3

Return of service executed as to Suffolk County with service on 12/14/98 filed. Answer due on 1/3/99 for Suffolk County (fmr) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

4

Return of service executed as to Boston, City of with service on 12/14/98 filed. Answer due on 1/3/99 for Boston, City of (fmr) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

5

Answer by Suffolk County, Richard J. Rouse, Jane Doe to complaint; jury demand, filed. (fmr) (Entered: 01/05/1999)

Jan. 5, 1999

Jan. 5, 1999

6

Answer by Boston, City of to complaint; jury demand, filed. (fmr) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

7

Motion by Katrina Mack to amend [1-1] complaint , filed. (fmr) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

Judge Nancy Gertner . Endorsed Order entered granting [7-1] motion to amend [1-1] complaint as the defendant has not filed an answer or other responsive pleading to the complaint . (fmr) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

8

Amended complaint by Katrina Mack filed. (Answer due 2/4/99 for Boston, City of, for Jane Doe, for Richard J. Rouse, for Suffolk County ) . Amended complaint amends [1-1] complaint ; adding . (fmr) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

9

Judge Nancy Gertner . Notice of Hearing/conference: set scheduling conference for 11:00 4/14/99 . (fmr) (Entered: 02/18/1999)

Feb. 16, 1999

Feb. 16, 1999

10

Response by Suffolk County, Richard J. Rouse, Jane Doe in opposition to [7-1] motion to amend [1-1] complaint , filed. (fmr) (Entered: 02/19/1999)

Feb. 17, 1999

Feb. 17, 1999

11

Letter by Howard Friedman dated: 3/11/99 to: Ms. Molloy re: resheduling of 4/14/99 hearing filed. (fmr) (Entered: 03/15/1999)

March 15, 1999

March 15, 1999

12

Letter by Rose E King dated: 3/22/99 to: Ms. Mulcahy re: endorsement allowing motion to amend filed. (fmr) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

Judge Nancy Gertner . Endorsed Order entered granting [11-1] remark, reset scheduling conference for 11:00 4/29/99 . (fmr) (Entered: 04/06/1999)

April 5, 1999

April 5, 1999

13

Joint statement by Katrina Mack, Suffolk County, Richard J. Rouse, Boston, City of , re: discovery schedule, filed. (fmr) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

14

Notice of appearance of attorney for Boston, City of by Eve Anne Piemonte-Stacey, filed. (fmr) (Entered: 04/26/1999)

April 26, 1999

April 26, 1999

16

Memorandum by Katrina Mack in support of [15-1] motion to certify class action , filed. (fmr) (Entered: 04/28/1999)

April 27, 1999

April 27, 1999

Judge Nancy Gertner . Endorsed Order entered granting [7-1] motion to amend [1-1] complaint (previous endorsement was vacated) . (fmr) (Entered: 05/01/1999)

April 29, 1999

April 29, 1999

17

Judge Nancy Gertner . Order entered, vacating [0-0] endorsed order allowing motion to amend complaint, endorsed by the Deputy clerk . (fmr) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

Discovery schedule: Answers to class cert by 7/1/99; Status conference set cor 7/6/99 at 2:30; Discovery is complete 10/30/99; summary judgment motions by 12/3/99 (fmr) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

Scheduling conference held . (fmr) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

18

Judge Nancy Gertner . Clerk's Notes: re: scheduling conference Court Reporter: none. Joint statment adopted with revisions. Trial set for 2/7/00. Consolidation with case 98-12346 is possible (fmr) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

Status conference set at 2:30 7/6/99 . (fmr) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

Jury trial set at 9:00 2/7/00 . (fmr) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

19

Motion by Katrina Mack to amend [8-1] amended complaint , filed. (fmr) (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

20

Response by Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of in opposition to [19-1] motion to amend [8-1] amended complaint , filed. (fmr) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

21

Memorandum by Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of in opposition to [19-1] motion to amend [8-1] amended complaint , filed. (fmr) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

Motion to amend the complaint #19 sent to chambers with opposition (fmr) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

Judge Nancy Gertner . Endorsed Order entered granting [19-1] motion to amend [8-1] amended complaint . [EOD Date 6/21/99] (fmr) (Entered: 06/21/1999)

June 21, 1999

June 21, 1999

22

Second Amended complaint by Katrina Mack filed. (Answer due 7/1/99 for Boston, City of, for Jane Doe, for Richard J. Rouse, for Suffolk County ) . Amended complaint amends [8-1] amended complaint ; adding . (fmr) (Entered: 06/21/1999)

June 21, 1999

June 21, 1999

23

Response by Suffolk County, Richard J. Rouse, Jane Doe in opposition to [15-1] motion to certify class action , filed. (fmr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

24

Response by Boston, City of in opposition to [15-1] motion to certify class action , filed. (fmr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

25

Second Motion by Katrina Mack to certify class action , filed. (fmr) (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

26

Memorandum by Katrina Mack in support of [25-1] motion to certify class action , filed. (fmr) (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

27

Exhibits by Katrina Mack [25-1] motion to certify class action (fmr) (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

28

Motion by Katrina Mack, Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of to continue class certification hearing , filed. (fmr) (Entered: 08/13/1999)

Aug. 13, 1999

Aug. 13, 1999

29

Motion by Joanne Maniscalco, Christine Daley, Denise Gasparini, Alice Buckley to intervene , filed. (fmr) (Entered: 09/13/1999)

Sept. 13, 1999

Sept. 13, 1999

30

Motion by Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of to extend time to 10/8/99 to respond to motion to intervene , filed. (fmr) (Entered: 09/22/1999)

Sept. 20, 1999

Sept. 20, 1999

Terminated document: terminating [28-1] motion to continue class certification hearing Requested by Judge Gertner. (fmr) (Entered: 09/22/1999)

Sept. 22, 1999

Sept. 22, 1999

Judge Nancy Gertner . Endorsed Order entered granting [30-1] motion to extend time to 10/8/99 to respond to motion to intervene . [EOD Date 9/22/99] (fmr) (Entered: 09/22/1999)

Sept. 22, 1999

Sept. 22, 1999

31

Motion by Boston, City of for leave to file brief in excess of 20 pgs. , filed. (fmr) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

32

Memorandum by Boston, City of in opposition to [25-1] motion to certify class action , filed. (fmr) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

33

Exhibits by Boston, City of [32-1] opposition memorandum (fmr) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

34

Motion by Suffolk County, Richard J. Rouse, Jane Doe for leave to file brief in excess of 20 pgs. , filed. (fmr) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

35

Memorandum by Suffolk County, Richard J. Rouse, Jane Doe in opposition to [25-1] motion to certify class action , filed. (fmr) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

Judge Nancy Gertner . Endorsed Order entered granting [31-1] motion for leave to file brief in excess of 20 pgs. . [EOD Date 10/1/99] (fmr) (Entered: 10/01/1999)

Oct. 1, 1999

Oct. 1, 1999

Judge Nancy Gertner . Endorsed Order entered granting [34-1] motion for leave to file brief in excess of 20 pgs. . [EOD Date 10/1/99] (fmr) (Entered: 10/01/1999)

Oct. 1, 1999

Oct. 1, 1999

Judge Nancy Gertner . Endorsed Order entered granting [28-1] motion to continue class certification hearing, Motion hearing set for 2:00 10/27/99 for [25-1] motion to certify class action . [EOD Date 10/8/99] (fmr) (Entered: 10/08/1999)

Oct. 8, 1999

Oct. 8, 1999

37

Response by Boston, City of in opposition to [29-1] motion to intervene , filed. (fmr) (Entered: 10/12/1999)

Oct. 8, 1999

Oct. 8, 1999

Motion to intervene as plaintiffs # 29 sent to chambers with opposition (fmr) (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

38

Motion by Katrina Mack for leave to file reply brief , filed. (fmr) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

Judge Nancy Gertner . Endorsed Order entered granting [38-1] motion for leave to file reply brief . [EOD Date 10/20/99] (fmr) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

39

Reply/response by Katrina Mack to [35-1] opposition memorandum, [32-1] opposition memorandum , filed. (fmr) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

40

Motion by Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of for leave to file reply , filed. (fmr) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

Judge Nancy Gertner . Endorsed Order entered granting [40-1] motion for leave to file reply . [EOD Date 10/28/99] (fmr) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

41

Sur reply by Suffolk County to reply to [25-1] motion to certify class action filed. (fmr) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

Motion hearing re: [25-1] motion to certify class action Motion hearing held (fmr) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

42

Judge Nancy Gertner . Clerk's Notes: re: motion hearing held. Oral arguement held and motions taken under advisement Court Reporter: hagopian (fmr) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

43

Motion by Katrina Mack for discovery , filed. (fmr) (Entered: 01/10/2000)

Jan. 6, 2000

Jan. 6, 2000

44

Judge Nancy Gertner . Order entered granting [25-1] motion to certify class action granting [29-1] motion to intervene . [EOD Date 2/17/00] (fmr) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

45

Judge Nancy Gertner . Memorandum and Order entered. granting [25-1] motion to certify class action granting [29-1] motion to intervene [EOD Date 2/17/00] (fmr) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

53

Intervenor's complaint by Joanne Maniscalco, Christine Daley, Denise Gasparini, Alice Buckley against Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of , filed. (fmr) (Entered: 04/14/2000)

Feb. 16, 2000

Feb. 16, 2000

46

Joint statement by Katrina Mack, Suffolk County, Richard J. Rouse, Jane Doe, Boston, City of , re: litigation schedule, filed. (fmr) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

47

Motion by Boston, City of to stay pending interlocutory appeal , filed. (fmr) (Entered: 03/03/2000)

March 2, 2000

March 2, 2000

48

Certificate of Consultation re: [47-1] motion to stay pending interlocutory appeal , filed. (fmr) (Entered: 03/03/2000)

March 2, 2000

March 2, 2000

50

Response by Katrina Mack in opposition to [49-1] motion to stay, [47-1] motion to stay pending interlocutory appeal , filed. (fmr) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

Judge Nancy Gertner . Endorsed Order entered denying [49-1] motion to stay . [EOD Date 3/6/00] (fmr) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

Judge Nancy Gertner . Endorsed Order entered granting [43-1] motion for discovery . [EOD Date 3/6/00] (fmr) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

Judge Nancy Gertner . Endorsed Order entered denying [47-1] motion to stay pending interlocutory appeal . [EOD Date 3/6/00] (fmr) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

Judge Nancy Gertner . Endorsed Order entered granting [46-1] litigation schedule. Court accepts plaintiffs proposal in para A2, defendants proposals in Para B 1,2 [EOD Date 3/6/00] (fmr) Modified on 03/10/2000 (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

51

Response by Katrina Mack in opposition to [47-1] motion to stay pending interlocutory appeal , filed. (fmr) (Entered: 03/10/2000)

March 8, 2000

March 8, 2000

52

Judge Nancy Gertner . Order entered, consolidating cases . [EOD Date 4/5/00] (fmr) (Entered: 04/05/2000)

April 4, 2000

April 4, 2000

Consolidated Member Case. . Lead Case Number: 1:98 11346 (fmr) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

Case closed. This case has been consolidated with Ford v. Suffolk County. All pleadings should be filed in the lead case. Cases have been consolidated for all purposes including trial (fmr) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

Evidentiary hearing on summary judgment set at 2:30 1/10/01 . (fmr) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

54

Answer by Suffolk County, Richard J. Rouse, Jane Doe to [53-1] intervenor complaint , filed. (fmr) (Entered: 04/14/2000)

April 6, 2000

April 6, 2000

55

Motion by Richard J. Rouse, Jane Doe, Boston, City of for Melissa Garand to withdraw as attorney , filed. (fmr) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

Judge Nancy Gertner . Endorsed Order entered granting [55-1] motion for Melissa Garand to withdraw as attorney (Terminated attorney Melissa J. Garand for Jane Doe, attorney Melissa J. Garand for Richard J. Rouse, attorney Melissa J. Garand for Suffolk County . [EOD Date 12/18/00] (fmr) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

56

Notice of appearance of attorney for Richard J. Rouse, Jane Doe, Boston, City of by Kathleen M. Cawley, filed. (fmr) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

57

Judge Nancy Gertner. Order of reference entered for Alternative Dispute Resolution. Referred to: Senior Judge Mazzone for: mediation to case(s) 1:98-cv-12511. (jf) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

58

Notice of appearance of attorney for Katrina Mack in 1:98-cv-12511 by Myong J. Joun, filed. c/s (jf) (Entered: 05/01/2002)

April 29, 2002

April 29, 2002

Case reopened. (See Lead Case 98-11346) Fairness Hearing set for 9/26/02. (jf) Modified on 07/01/2002 (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

60

Letter by Howard Friedman in 1:98-cv-12511 dated: 7/9/02 to: Ms. Molloy (clerk) re: request that 60-day settlement order of dismissal be vacated, filed. (jf) (Entered: 07/19/2002)

July 10, 2002

July 10, 2002

Case no longer referred to ADR. (jf) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

Case no longer consolidated with 98-11346. (jf) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

61

Assented to Motion by plaintiffs in 1:98-cv-12511 to set December 13, 2002 as the deadline for reviewing late claims , filed. c/s (jf) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

Judge Nancy Gertner. Endorsed Order entered granting [61-1] motion to set December 13, 2002 as the deadline for reviewing late claims. cc:cl [EOD Date 12/2/02] (jf) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

62

Motion by plaintiffs in 1:98-cv-12511 for an order of approval for payment of the claims administrator , filed. c/s (jf) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

63

Notice of assent to plaintiff's motion for an order of approval for payment of the claims administrator by City of Boston, in 1:98-cv-12511, filed. c/s (jf) (Entered: 12/12/2002)

Dec. 10, 2002

Dec. 10, 2002

Letters sent to Attorney Friedman. (jf) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

Judge Nancy Gertner . Endorsed Order entered granting [62-1] motion for an order of approval for payment of the claims administrator. cc:cl [EOD Date 1/3/03] (jf) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

64

Judge Nancy Gertner. Order of the Court Granting Approval for Payment of the Claims Administrator entered. cc:cl [EOD Date 1/3/03] (jf) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

Judge Nancy Gertner. Endorsement re: [63-1] Allowing defendant City of Boston's assent to plaintiff's motion for an order of approval for payment of the claims administrator. (jf) (Entered: 01/03/2003)

Jan. 3, 2003

Jan. 3, 2003

65

Assented to Motion by Katrina Mack in 1:98-cv-12511 for an order granting thirty-one claimants permission to file late claims , filed. c/s (jf) (Entered: 01/10/2003)

Jan. 10, 2003

Jan. 10, 2003

Proposed Order granting Thirty-one claimants permission to file late claims by Katrina Mack in 1:98-cv-12511 received for filing. (jf) (Entered: 01/10/2003)

Jan. 10, 2003

Jan. 10, 2003

Judge Nancy Gertner . Endorsed Order entered granting [65-1] motion for an order granting thirty-one claimants permission to file late claims. PROPOSED ORDER ATTCH, listing all 31 names. [EOD Date 1/15/03] (mcm) (Entered: 01/15/2003)

Jan. 15, 2003

Jan. 15, 2003

66

Judge Nancy Gertner. Order Granting Thirty-one claimants permission to file late claims entered. cc:cl [EOD Date 1/23/03] (jf) (Entered: 01/23/2003)

Jan. 15, 2003

Jan. 15, 2003

Proposed Order by Katrina Mack in 1:98-cv-12511 received for filing. (jf) (Entered: 02/04/2003)

Feb. 3, 2003

Feb. 3, 2003

68

Memorandum by Katrina Mack in 1:98-cv-12511 in support of [67-1] motion to enforce the settlement agreement by ordering Suffolk County to pay $5 million plus interest to the settlement fund, filed. c/s (jf) (Entered: 02/04/2003)

Feb. 3, 2003

Feb. 3, 2003

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 1998

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women subjected to a strip/body cavity search in the Suffolk County Jail prior to their first court appearance between 12-10-1995 and 9-20-1999.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Boston (Boston, Suffolk), City

Suffolk County Sheriff's Department (Suffolk), County

Suffolk County (Suffolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2005

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Medical/Mental Health:

Medical care, unspecified

Type of Facility:

Government-run