Case: Parilla v. Eslinger

6:05-cv-00850 | U.S. District Court for the Middle District of Florida

Filed Date: June 9, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 9, 2005, seven plaintiffs, represented by attorneys with the Florida Justice Institute, filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the Middle District of Florida, challenging the allegedly unconstitutional practice of subjecting all non-felony arrestees booked into the John E. Polk Correctional Facility (a/k/a "the Seminole County Jail") to strip and visual body cavity searches prior to their first appearance before a judge. All but one of the named pla…

On June 9, 2005, seven plaintiffs, represented by attorneys with the Florida Justice Institute, filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the Middle District of Florida, challenging the allegedly unconstitutional practice of subjecting all non-felony arrestees booked into the John E. Polk Correctional Facility (a/k/a "the Seminole County Jail") to strip and visual body cavity searches prior to their first appearance before a judge. All but one of the named plaintiffs had been arrested for failure to appear at court appointments for non-violent crimes and all named plaintiffs were strip searched pursuant to the County's blanket strip search policy. Plaintiffs initially alleged that the blanket strip search policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as Florida state law. On August, 2, 2005, Plaintiffs amended the complaint in order to further challenge, under the Fourth and Fourteenth Amendments, the defendants' practice of allegedly over-detaining persons who had been ordered to be immediately released by a judge. On August 2, 2005, an eighth named plaintiff was added to the complaint and, on April 20, 2006 the complaint was again amended to add a ninth named plaintiff. Plaintiffs sought declaratory and injunctive relief, monetary and punitive damages, and class certification.

The County and Sheriff answered the complaint by denying all allegations. They also maintained that, shortly after the December 3, 2004 incident involving the majority of the named Plaintiffs, the Sheriff revised its strip search policy. The new policy became effective on August 30, 2005.

The County and the Sheriff moved to dismiss the case. The Court denied the defendants' motion to dismiss as to the Fourth Amendment strip search claim, but dismissed Plaintiffs' state law strip search claim and their over-detention claim. Parilla v. Eslinger, 2005 WL 3288760 (M.D.Fla. Dec 05, 2005).

Following discovery, the case was submitted to mediation. Shortly after mediation, the case was settled. Under the terms of the settlement, which was approved by Judge Gregory A. Presnell on May 24, 2007, the 9 representative plaintiffs received a total of $360,000. Defendants also agreed to pay each verified Settlement Class Member (SCM) up to $1800. The parties estimated that there were between 6 and 19 potential SCMs. In addition, $206,000 was paid as attorneys' fees, costs and expenses.

Summary Authors

Dan Dalton (1/31/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4666064/parties/parilla-v-eslinger/


Judge(s)

Presnell, Gregory A. (Florida)

Spaulding, Karla R. (Florida)

Zloch, William J. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Coon, Laura (District of Columbia)

Hanks, J. Larry (Florida)

Harrell-James, Veronica Vanessa (Florida)

Jansen, Regina (District of Columbia)

O'Brien, Cullin Avram (Florida)

Siegel, Peter Michael (Florida)

Judge(s)

Presnell, Gregory A. (Florida)

Spaulding, Karla R. (Florida)

Zloch, William J. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Coon, Laura (District of Columbia)

Hanks, J. Larry (Florida)

Harrell-James, Veronica Vanessa (Florida)

Jansen, Regina (District of Columbia)

O'Brien, Cullin Avram (Florida)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

DeBevoise, D. Andrew (Florida)

Jewett, Henry W. II (Florida)

Poulton, Thomas W. (Florida)

White, David T. III (Florida)

Other Attorney(s)

Jackson, Thomas A. (Illinois)

Documents in the Clearinghouse

Document

6:05-cv-00850

Docket (PACER)

Parilla et al v. Eslinger et al

May 30, 2007

May 30, 2007

Docket
1

6:05-cv-00850

Class Action Complaint

June 9, 2005

June 9, 2005

Complaint
20

6:05-cv-00850

First Amended Class Action Complaint

Aug. 2, 2005

Aug. 2, 2005

Complaint
38

6:05-cv-00850

Order [Re: Motion to Dismiss]

Dec. 5, 2005

Dec. 5, 2005

Order/Opinion
50

6:05-cv-00850

Second Amended Class Action Complaint

April 20, 2006

April 20, 2006

Complaint
58

6:05-cv-00850

Answer and Affirmative Defenses to Second Amended Class Action Complaint by Defendants Eslinger, Tidwell, and Diggs

May 4, 2006

May 4, 2006

Pleading / Motion / Brief
67-3

6:05-cv-00850

Joint Motion for Preliminary Approval of Provisional Settlement of Class Action

Dec. 29, 2006

Dec. 29, 2006

Pleading / Motion / Brief
73

6:05-cv-00085

Order for Preliminary Approval of Settlement of Class Action

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion
86

6:05-cv-00850

Agreed Order and Judgment of Dismissal

May 29, 2007

May 29, 2007

Order/Opinion
89

6:05-cv-00850

Amended Agreed Order and Judgment of Dismissal

May 30, 2007

May 30, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4666064/parilla-v-eslinger/

Last updated Aug. 24, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald Eslinger, Michael Tidwell, David Diggs, Seminole County ; jury demand (Filing fee $ 250 receipt number 18583), filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg.(cbh) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

38

ORDER granting in part and denying in part 21 Motion to dismiss: The Fourteenth Amendment claims in Count One, the entirety of Count Two, and the Fourth Amendment claims in Count Three of the First Amended Class Action Complaint are dismissed; denying 23 Motion to dismiss filed by Seminole County. Signed by Judge Gregory A. Presnell on 12/5/2005. (TKW, )

Dec. 5, 2005

Dec. 5, 2005

RECAP
73

ORDER for preliminary approval of settlement of class action. Signed by Judge Gregory A. Presnell on 1/25/2007. (EAD)

Jan. 25, 2007

Jan. 25, 2007

RECAP

Summons issued as to Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (cbh) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

2

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due within 11 days.Signed by Judge Gregory A. Presnell on 6/9/2005. (AKJ, ) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

3

INTERESTED PERSONS ORDER for Plaintiffs. Certificate of interested persons and corporate disclosure statement due within 11 days.Signed by Judge Gregory A. Presnell on 6/9/2005. (AKJ, ) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

4

NOTICE of Appearance by Thomas W. Poulton on behalf of Donald Eslinger, Michael Tidwell, David Diggs (Poulton, Thomas) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

5

NOTICE of Appearance by D. Andrew DeBevoise on behalf of Donald Eslinger, Michael Tidwell, David Diggs (DeBevoise, D.) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

6

INTERESTED PERSONS ORDER for Defendants Donald Eslinger, Michael Tidwell and David Diggs. Certificate of interested persons and corporate disclosure statement due within 11 days.Signed by Judge Gregory A. Presnell on 6/30/2005. (Counsel mailed/emailed)(AKJ, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

7

ORDER TO SHOW CAUSE to Plaintiffs' Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg for failure to respond or comply with the Related Case Order and Interested Persons Order. Response due within 11 days. Signed by Judge Gregory A. Presnell on 6/30/2005. (Counsel emailed)(AKJ, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

8

RESPONSE TO ORDER TO SHOW CAUSE re 7 filed by all Plaintiffs. (Berg, Randall) Modified on 7/1/2005 to reflect pleading was filed on behalf of all Plaintiffs (AKJ, ). (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

9

CERTIFICATE of interested persons and corporate disclosure statement re 7 Order to show cause,, 8 Response to order to show cause, 3 Interested persons order by ALL plaintiffs. (Berg, Randall) Modified on 7/1/2005 to reflect pleading filed by ALL plaintiffs(AKJ, ). (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

10

NOTICE of pendency of other actions re 7, 2, 8 order of compliance to Local Rule by ALL plaintiffs; Related case(s): no (Berg, Randall) Modified on 7/1/2005 to reflect pleading filed by ALL plaintiffs (AKJ, ). (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

11

WAIVER OF SERVICE returned executed on 6/22/05 by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Alda Rugg. Waiver of Service sent on 6/10/05 as to Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (Berg, Randall) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

12

NOTICE of pendency of other actions re order of compliance to Local Rule by Donald Eslinger, Michael Tidwell, David Diggs Related case(s): No (Poulton, Thomas) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

13

CERTIFICATE of interested persons and corporate disclosure statement by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

14

CERTIFICATE of interested persons and corporate disclosure statement Amended by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

15

NOTICE of Appearance by David T. White, III on behalf of Seminole County (White, David) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

16

INTERESTED PERSONS ORDER for Defendant Seminole County. Certificate of interested persons and corporate disclosure statement due by 8/1/2005.Signed by Judge Gregory A. Presnell on 7/21/2005. (AKJ, ) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

17

Joint MOTION to extend time to For Responsive Pleadings and for Motion on Determination of Class Status by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

18

ENDORSED ORDER granting 17 Motion to extend time ; responsive pleadings for all defendants are due Sept. 2,2005, motion for class certification due 90 days after issuance of CMO. Signed by Judge Gregory A. Presnell on 7/25/2005. (Presnell, Gregory) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

19

CERTIFICATE of interested persons and corporate disclosure statement by Seminole County. (White, David) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

20

AMENDED COMPLAINT against all defendants, filed by Ronald M. Parilla. Related document: 1 Complaint, filed by David W. Roberts,, Ronald M. Parilla,, Alda Rugg,, Billy Cates,, Theresa Declue,, Aileen Nunez,, Frantarshia Stafford,.(O'Brien, Cullin) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

21

MOTION to dismiss and Memorandum of Law by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

22

NOTICE of supplemental authority Regarding Motion to Dismiss by Donald Eslinger, Michael Tidwell, David Diggs (Poulton, Thomas) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

23

First MOTION to dismiss Complaint by Seminole County. (White, David) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

24

MEMORANDUM in support re 23 Motion to dismiss, 1 Complaint, filed by Seminole County. (White, David) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

25

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to dismiss and Memorandum of Law , 22 Notice of supplemental authority, 23 First MOTION to dismiss Complaint, 24 Memorandum in support by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

26

ENDORSED ORDER granting 25 Motion for Extension of Time to File Response/Reply . Signed by Judge Gregory A. Presnell on 9/13/2005. (Presnell, Gregory) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

27

ORDER TO SHOW CAUSE to Plaintiffs why case should not be dismissed for failure to file the Case Management Report pursuant to L.R. 3.10. Response due within 11 days.Signed by Judge Gregory A. Presnell on 9/20/2005. (Counsel mailed/emailed)(AKJ, ) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

28

RESPONSE TO ORDER TO SHOW CAUSE re 27 filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/24/2005)

Sept. 24, 2005

Sept. 24, 2005

29

RESPONSE in opposition re 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law and 22 Notice of Supplemental Authority filed by defendants filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

30

AMENDED Certificate of Interested Persons and Corporate Disclosure Statement by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) Modified on 9/30/2005 (ce, ). (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

31

CASE MANAGEMENT REPORT. (Berg, Randall) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

32

CASE MANAGEMENT AND SCHEDULING ORDER.Signed by Judge Gregory A. Presnell on 10/5/2005. (TKW, ) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

33

Joint MOTION for Extension of Time to File Motions to Amend Pleadings or to Add Parties by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Donald Eslinger, Michael Tidwell, David Diggs, Seminole County, Alda Rugg. (Berg, Randall) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

CASE REFERRED to mediation, to be completed by 10/31/06. Jay Cohen appointed as mediator (copy of order mailed). (cbh) (Entered: 10/06/2005)

Oct. 5, 2005

Oct. 5, 2005

34

NOTICE of Hearing on Motion 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law : Motion Hearing set for 10/28/2005 09:30 AM in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

35

ORDER granting 33 Motion for Extension of Time to File. Due date for filing any motions to add parties or to amend pleadings is extended to 2/1/06. Signed by Judge Gregory A. Presnell on 10/12/2005. (TKW, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

36

Amended NOTICE of Hearing on 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law : Motion Hearing set for 10/28/2005 01:00 PM (rescheduled from 9:30 AM) in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

37

MINUTE ENTRY for proceedings held before Judge Gregory A. Presnell : Motion Hearing held on 10/28/2005 re 23 First MOTION to dismiss Complaint filed by Seminole County,, 21 MOTION to dismiss and Memorandum of Law filed by Donald Eslinger,, David Diggs,, Michael Tidwell,. Parties present oral argument. Court takes the matter under advisement and will issue a written order. Court Reporter: Diane Peede (AKJ, ) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

39

ANSWER to amended complaint by Seminole County.(White, David) Modified on 12/20/2005 to edit-out text (cbh). (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

40

ANSWER to amended complaint and Affirmative Defenses by Donald Eslinger, Michael Tidwell, David Diggs.(Poulton, Thomas) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

41

NOTICE of change of address by Randall Challen Berg, Jr (Berg, Randall) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

42

Joint MOTION for Extension of Time to File Motion for Class Certification and any Motions to Amend the Pleadings or to Add Parties by all parties. (Attachments: # 1 Text of Proposed Order Agreed Order)(Berg, Randall) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

43

ENDORSED ORDER granting 42 Motion for Extension of Time . Signed by Judge Gregory A. Presnell on 12/27/2005. (Presnell, Gregory) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

44

Joint MOTION to substitute party - MEDIATOR by all parties. (Poulton, Thomas) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

45

Joint MOTION to extend time to file motions for class certification, to amend pleadings or to add parties until May 1, 2006 by all parties. (Berg, Randall) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

46

ORDER granting 44 Motion to substitute mediator; Terrance Schmidt of Jacksonville, Florida is appointed mediator in this case . Signed by Judge Gregory A. Presnell on 2/3/2006. (TKW, ) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

47

ENDORSED ORDER granting 45 Motion to extend time . Signed by Judge Gregory A. Presnell on 2/3/2006. (Presnell, Gregory) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

48

MOTION for Cullin Avram O'Brien to withdraw as attorney by all plaintiffs. (O'Brien, Cullin) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

49

ORDER granting 48 Motion to withdraw as attorney. . Signed by Judge Karla R. Spaulding on 2/21/2006. (MDP, ) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

50

AMENDED COMPLAINT Second Amended Class Action Comp. against all defendants, filed by all plaintiffs.(Berg, Randall) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

51

Joint MOTION for Extension of Time to File Motions for Class Certification and to Amend Pleadings by all parties. (Berg, Randall) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

52

STIPULATION re 50 Amended complaint Defendants' Consent to file Second Amended Complaint by Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (Berg, Randall) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

53

ENDORSED ORDER granting 51 Motion for Extension of Time to File . Signed by Judge Gregory A. Presnell on 4/21/2006. (Presnell, Gregory) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

55

MEDIATION REPORT Hearing held on 03/27/06 Hearing outcome: unsuccessful but continuing to discuss settlement(Berg, Randall) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

56

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 Amended complaint by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

57

ORDER granting 56 Motion for Extension of Time to File Response/Reply . Signed by Judge Karla R. Spaulding on 5/2/2006. (MDP, ) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

58

ANSWER to amended complaint and Affirmative Defenses to Second Amended Class Action Complaint by Donald Eslinger, Michael Tidwell, David Diggs.(Poulton, Thomas) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

59

Joint MOTION to extend time to Filing Class Certification Motions, Exchange of Expert Witness Reports, Discovery, and Dispositive Motions, for a Period of Two Months by all parties. (Poulton, Thomas) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

60

ORDER granting 59 Motion to extend time and entering AMENDED CASE MANAGEMENT AND SCHEDULING ORDER . Signed by Judge Gregory A. Presnell on 7/28/2006. (TKW, ) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

61

NOTICE of Settlement and Request to Leave Case Open for Filing of Settlement Documents by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Donald Eslinger, Michael Tidwell, David Diggs, Seminole County, Alda Rugg (Berg, Randall) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

62

ORDER re 61 Notice of Settlement that the parties are to file their settlement documents within 60 days of the date of this Order. Signed by Judge Gregory A. Presnell on 9/29/2006. (TKW, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

63

Joint MOTION for Extension of Time to File Stipulation of Settlement and incorporated Memo of Law by all parties. (Berg, Randall) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

64

ENDORSED ORDER granting 63 Motion for Extension of Time to File settlement; now due December 15th. Signed by Judge Gregory A. Presnell on 11/29/2006. (Presnell, Gregory) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

65

Joint MOTION for Extension of Time to File Stipulation of Settlement by all parties. (Berg, Randall) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

66

ENDORSED ORDER granting 65 Motion for Extension of Time to File; now due Jan. 2,2007. Signed by Judge Gregory A. Presnell on 12/18/2006. (Presnell, Gregory) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

67

Joint MOTION to certify class Provisionally and Settlement of Class Action by all parties. (Attachments: # 1 Text of Proposed Order (Proposed) Order for Preliminary Approval of Settlement of Class Action# 2 Exhibit Stipulation of Settlement# 3 Exhibit Exhibit A to Proposed Order for Preliminary Approval of Settlement of Class Action# 4 Exhibit Exhibit B to Proposed Order for Preliminary Approval of Settlement of Class Action# 5 Exhibit Exhibit 1 to Stipulation of Settlement# 6 Exhibit Exhibit 2 to Stipulation of Settlement# 7 Exhibit Exhibit 3 Stipulation of Settlement)(Berg, Randall) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

68

Joint MOTION to certify class Provisionally and for Status Confernce on Joint Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action by all parties. (Berg, Randall) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

69

ORDER granting 68 Motion for hearing regarding motion to certify class. Signed by Judge Gregory A. Presnell on 1/4/2007. (TKW, ) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

70

NOTICE of Hearing on Motion 67 Joint MOTION to certify class Provisionally and Settlement of Class Action : Motion Hearing set for 1/24/2007 at 01:00 PM in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) Modified on 1/5/2007 (TKW, ). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

71

Joint MOTION for Hearing re 67 Joint MOTION to certify class Provisionally and Settlement of Class Action by all parties. (Berg, Randall) Modified on 1/4/2007: Motion terminated, request for hearing ruled on by Order 69 (cbh). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

72

MINUTE ENTRY for proceedings held before Judge Gregory A. Presnell : Motion Hearing held on 1/24/2007 re 67 Joint MOTION to certify class Provisionally and Settlement of Class Action filed by Frantarshia Stafford, Theresa Declue, Alda Rugg, Ronald M. Parilla, David Diggs, Aileen Nunez, Seminole County, David W. Roberts, Kim Lemister, Billy Cates, Michael Tidwell, Donald Eslinger, Shane Bradley. Counsel to provide a proposed order. Court goes over proposed settlement agreement. Court Reporter: Diane Peede (AKJ, ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

74

NOTICE canceling Final Pretrial/Jury Trial hearing scheduled for 3/7/07 and 4/2/07. (copies mailed/emailed) (AKJ, ) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

75

Unopposed MOTION to extend time to publish initial newspaper notice by Donald Eslinger. (Poulton, Thomas) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

76

ENDORSED ORDER granting 75 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/13/2007. (EAD) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

77

Letter from Bonnie Retalic Kozimor requesting she be excluded from this action filed by Howard S. Marks. (LAK) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

78

Letter from Asier Murua requesting to be excluded from this class action. (cbh) (Entered: 03/14/2007)

March 13, 2007

March 13, 2007

79

Letter from Dr. Linda Tavernier-Almada, requesting to be excluded from this class action. (cbh) (Entered: 03/14/2007)

March 13, 2007

March 13, 2007

80

NOTICE by Donald Eslinger, Michael Tidwell, David Diggs regarding Settlement Compliance Status (Poulton, Thomas) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

82

NOTICE by Donald Eslinger, Michael Tidwell, David Diggs re 73 Order of Compliance with order dated January 25, 2007 (Poulton, Thomas) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

83

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 73 Order PLAINTIFFS VERIFIED NOTICE OF COMPLIANCE (Berg, Randall) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

85

NOTICE of filing Notice of Lien against Ronald M. Parilla by Marion E. Harmon (Attachments: (1) Notice of Lien)(cbh) (Entered: 05/24/2007)

May 23, 2007

May 23, 2007

84

MINUTE ENTRY for Fairness Hearing held before Judge Gregory A. Presnell : on 5/24/2007. Plaintiff's counsel will submit stipulated judgment. Court Reporter: Diane Peede (AD) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

87

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 86 Order Notice of (Attachments: # 1 filing the Seminole County Sheriffs Offices jail records of Judy Hagner)(Berg, Randall) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

88

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 86 Order of the (Attachments: # 1 filing of Judy Hagner claims form and all correspondence received by plaintiffs counsel)(Berg, Randall) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

89

AMENDED ORDER AND JUDGMENT OF DISMISSAL amending 86 Agreed Order and Judgment of Dismissal. Signed by Judge Gregory A. Presnell on 5/30/2007. (EAD) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

86

AGREED ORDER AND JUDGMENT OF DISMISSAL; case dismissed with prejudice; clerk is directed to close the file. Signed by Judge Gregory A. Presnell on 5/29/2007. (TKW, )

May 29, 2007

May 29, 2007

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who, w/in the statute of limitations, were subjected by Defendants to pre-First Appearance strip and/or visual body cavity searches and/or unreasonably detained at the John E. Polk Correctional Facility in Seminole County.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Seminole County (Seminole), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Over/Unlawful Detention

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run