Case: Ryan v. Garvey

3:05-cv-30017 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 18, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 18, 2005, an individual arrested for a minor offense filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts, challenging the strip search policy of the Hampshire County Jail. Plaintiff alleged that the jail's blanket policy of strip searching all arrestees regardless of whether there existed any reasonable suspicion that the arrestee was in possession of contraband or weapons violated the Fourth and Fourteenth Amendments to the U.S…

On January 18, 2005, an individual arrested for a minor offense filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts, challenging the strip search policy of the Hampshire County Jail. Plaintiff alleged that the jail's blanket policy of strip searching all arrestees regardless of whether there existed any reasonable suspicion that the arrestee was in possession of contraband or weapons violated the Fourth and Fourteenth Amendments to the U.S. Constitution. Plaintiff sought compensatory and punitive damages, declaratory and injunctive relief, and class certification. The Hampshire County Sheriff answered Plaintiff's complaint by generally denying the allegations.

On July 14, 2006, the District Court (Judge Michael A. Ponsor) certified the case as a class action. Shortly thereafter, settlement negotiations resulted in a resolution of the case. After a June 22, 2007 fairness hearing, the Court approved the class action settlement. Under the settlement, the County agreed to pay up to $205,000 to settle the class claims. Of that amount, Howard Friedman, the lawyer that brought the suit, was to receive attorney fees of 33%. It was estimated that the class included some 90 people, each of which would be eligible to receive compensation of at least $1,500. The settlement also provided that named plaintiff, Charles V. Ryan IV, would receive $10,000.

At the time of this summary, the claims administration process was still ongoing.

Summary Authors

Dan Dalton (1/22/2008)

People


Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Attorneys(s) for Defendant

Jones, Timothy M. (Massachusetts)

Reilly, Thomas F. (Massachusetts)

Tarantino, Rosemary (Massachusetts)

Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Attorneys(s) for Defendant

Jones, Timothy M. (Massachusetts)

Reilly, Thomas F. (Massachusetts)

Tarantino, Rosemary (Massachusetts)

Documents in the Clearinghouse

Document

3:05-cv-30017

Docket [PACER]

Ryan v. Garvey et al

June 21, 2007

June 21, 2007

Docket
1

3:05-cv-30017

Complaint

Jan. 18, 2005

Jan. 18, 2005

Complaint
33-1

3:05-cv-30017

[Preliminarily Approved] Settlement Agreement

Ryan v. Garvey & Cahillane

Dec. 29, 2006

Dec. 29, 2006

Settlement Agreement
33-1

3:05-cv-30017

Plaintiffs' Consent Motion for Preliminary Approval of Class Settlement

Ryan v. Garvey & Cahillane

Dec. 29, 2006

Dec. 29, 2006

Pleading / Motion / Brief

Notice of Class Action and Proposed Settlement

Ryan v. Garvey, et al

No Court

Jan. 1, 2007

Jan. 1, 2007

Notice Letter

Resources

Docket

Last updated Aug. 13, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert J. Garvey, and Patrick J. Cahillane Filing fee: $ 150.00, receipt number 305827, filed by Charles V. Ryan, IV. (Attachments: # 1 Civil Cover &Category Sheets)(Lindsay, Maurice) (Entered: 01/21/2005)

Jan. 18, 2005

Jan. 18, 2005

Summons Issued as to Robert J. Garvey, and Patrick J. Cahillane. (Lindsay, Maurice) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

2

SUMMONS Returned Executed Patrick J. Cahillane served on 2/3/2005, answer due 2/23/2005. (Friedman, Howard) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

3

SUMMONS Returned Executed Robert J. Garvey served on 2/3/2005, answer due 2/23/2005. (Friedman, Howard) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

4

NOTICE of Appearance by Timothy M. Jones on behalf of Robert J. Garvey, Patrick J. Cahillane (Jones, Timothy) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

5

Assented to MOTION for Extension of Time to April 11, 2005 to Respond to Complaint by Robert J. Garvey, Patrick J. Cahillane.(Jones, Timothy) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

Judge Michael A Ponsor : ENDORSED ORDER entered granting Dft's 5 Motion for Extension of Time to respond to complaint. Response to complaint due by 4/11/05. cc/cl (Lindsay, Maurice) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

6

ANSWER to Complaint by Robert J. Garvey, Patrick J. Cahillane.(Jones, Timothy) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

7

Judge Michael A Ponsor : Electronic ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman pretrial case management, no dispositive motions, scheduling conference(French, Elizabeth) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

8

NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 6/9/2005 at 11:00 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 certs. due by 6/1/05. (Healy, Bethaney) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

9

CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Charles V. Ryan, IV.(Friedman, Howard) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

10

CERTIFICATION pursuant to Local Rule 16.1 by Robert J. Garvey, Patrick J. Cahillane.(Lindsay, Maurice) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

11

JOINT STATEMENT re scheduling conference. (Friedman, Howard) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

12

MOTION Assented to Motion for Access to CORI by Robert J. Garvey, Patrick J. Cahillane. (Attachments: # 1)(Jones, Timothy) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

Judge Kenneth P. Neiman : Electronic ORDER entered granting 12 Defendants' assented−to Motion for Order Granting Access and Leave to Disclose Criminal Offender Record and Other Information. Order to issue forthwith. (Neiman, Kenneth) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

13

Magistrate Judge Kenneth P. Neiman. ORDER Granting Access to and leave to Disclose Criminal Offender Record and Other Information ENTERED, cc:cl. (Healy, Bethaney) (Entered: 06/07/2005)

June 6, 2005

June 6, 2005

Remark: 13 Order re: Access to CORI Records was redacted by the clerk's office due to presence of personal information (date of birth). Unredacted Order was sealed by the clerk's office. A copy of the unredacted Order was forwarded to counsel for Plaintiff and Defendants this day. (Healy, Bethaney) Modified (adding text "Plaintiff and") on 6/7/2005 (Healy, Bethaney). (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman. Counsel (Attys Friedman and Jones) appear for Initial Scheduling Conference held on 6/9/2005. Colloquy re: status. Scheduling Order to issue. (Court Reporter FTR.) (Healy, Bethaney) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

14

Magistrate Judge Kenneth P. Neiman. SCHEDULING ORDER all class discovery compl by 10/28/05; P's motion for class cert. filed by 12/9/05; Ds' response by 1/2/06; written disc and non−expert depos. compl by 4/28/06; P's expert discl. 5/12/06; Ds' expert discl by 6/22/06; expert depos. compl by 7/31/06, ENTERED, cc:cl. (Healy, Bethaney) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

15

Joint MOTION for Protective Order by Charles V. Ryan, IV. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Joun, Myong) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Magistrate Judge Kenneth P. Neiman. ELECTRONIC ORDER granting 15 Motion for Protective Order ENTERED, cc:cl. (Healy, Bethaney) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

16

Magistrate Judge Kenneth P. Neiman. PROTECTIVE ORDER ENTERED, cc:cl. (Healy, Bethaney) (Entered: 10/06/2005)

Oct. 5, 2005

Oct. 5, 2005

17

Assented to MOTION for Extension of Time to 2/24/2006 to To File Motion For Class Certification by Charles V. Ryan, IV.(Joun, Myong) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

Magistrate Judge Kenneth P. Neiman. ELECTRONIC ORDER granting 17 Motion for Extension of Time ENTERED, cc:cl. ALLOWED. See Revised Scheduling Order entered this day. (Healy, Bethaney) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

18

Magistrate Judge Kenneth P. Neiman. SCHEDULING ORDER setting P's motion for class cert by 2/27/06; Ds' response by 3/20/06; written disc and non−expert depos compl by 6/28/06; P's expert discl. by 7/12/06; Ds' expert discl by 8/22/06; expert depos compl by 10/2/06, ENTERED,cc:cl. (Healy, Bethaney) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

19

Assented to MOTION for Extension of Time to 3/3/06 to for filing motion for class certification by Charles V. Ryan, IV.(Joun, Myong) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

Judge Kenneth P. Neiman : Electronic ORDER entered granting 19 Plaintiff's assented−to Motion for Extension of Time to March 3, 2006, to file motion for class certification. (Neiman, Kenneth) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

20

MOTION to Amend the Class Definition by Charles V. Ryan, IV.(Friedman, Howard) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

21

MOTION to Certify Class by Charles V. Ryan, IV.(Friedman, Howard) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

22

MEMORANDUM in Support re 21 MOTION to Certify Class filed by Charles V. Ryan, IV. (Attachments: # 1 Exhibit Exhibit A: Search Policy# 2 Exhibit Exhibit B−Affidavit of Myong J. Joun# 3 Exhibit Exhibit C−Affidavit of Howard Friedman)(Friedman, Howard) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

23

RESPONSE to Motion re 20 MOTION to Amend the Class Definition , 21 MOTION to Certify Class filed by Robert J. Garvey, Patrick J. Cahillane. (Jones, Timothy) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

NOTICE TO COUNSEL of Hearing on Motion 20 MOTION to Amend the Class Definition , 21 MOTION to Certify Class: Motion Hearing set for 7/14/2006 03:00 PM in Courtroom 1 before Judge Michael A Ponsor. (French, Elizabeth) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

24

MOTION for Leave to File Supplemental Memorandum in Support of Class Certification by Charles V. Ryan, IV. (Attachments: # 1 Supplement Supplemental Memorandum in Support of Class Certification# 2 Affidavit Affidavit of Myong J. Joun)(Joun, Myong) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

25

Second MOTION to Amend the Class Definition by Charles V. Ryan, IV.(Joun, Myong) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

26

RESPONSE to Motion re 24 MOTION for Leave to File Supplemental Memorandum in Support of Class Certification , 25 Second MOTION to Amend the Class Definition filed by Robert J. Garvey, Patrick J. Cahillane. (Jones, Timothy) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

Judge Michael A Ponsor : ENDORSED ORDER entered granting Ptf's 21 Motion for Class Certification. c/cl (Lindsay, Maurice) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

Judge Michael A Ponsor : ENDORSED ORDER entered granting Ptf's 25 Second Motion to Amend the class definition. cc/cl (Lindsay, Maurice) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

Judge Michael A Ponsor : ENDORSED ORDER entered denying Ptf's 20 Motion to Amend the class definition. DENIED, as moot, the court having allowed the more recent, Second motion to amend. cc/cl (Lindsay, Maurice) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

27

Judge Michael A Ponsor : ORDER entered. The court this day allowed plaintiff's motions Dkt. No. 21 and 25 . Based on counsel's representation, the court orders Ptf's counsel to draft and file a joint report on behalf of all parties, no later than 7/28/06. See the attached order for complete details. cc/cl (Lindsay, Maurice) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

ElectronicClerk's Notes for proceedings held before Judge Michael A Ponsor : Motion Hearing held on 7/14/2006 re 25 Second MOTION to Amend the Class Definition filed by Charles V. Ryan, IV, 20 MOTION to Amend the Class Definition filed by Charles V. Ryan, IV, 21 MOTION to Certify Class filed by Charles V. Ryan, IV. Order to issue. (Court Reporter Alice Moran.) (Stuckenbruck, John) (Entered: 07/18/2006)

July 14, 2006

July 14, 2006

28

JOINT STATEMENT of counsel Regarding Class Size and Proposed Schedule . (Joun, Myong) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

ELECTRONIC NOTICE of Hearing : Status Conference set for 10/17/2006 02:00 PM in Courtroom 1 before Judge Michael A Ponsor. (Stuckenbruck, John) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

ElectronicClerk's Notes for proceedings held before Judge Michael A Ponsor : Status Conference held on 10/17/2006. Parties report case has settled, although need to finalize paperwork. (Court Reporter Alice Moran.) (French, Elizabeth) (Entered: 10/18/2006)

Oct. 17, 2006

Oct. 17, 2006

29

Judge Michael A Ponsor : ORDER entered. SCHEDULING ORDER: As follows; The parties will submit a joint status report no later than 11/17/06. See the attached scheduling order for complete details. cc/cl(Lindsay, Maurice) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

NOTICE issued to Attorney Timothy M. Jones regarding mandatory registration with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Lindsay, Maurice) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

30

NOTICE of Appearance by Rosemary Tarantino on behalf of all defendants (Tarantino, Rosemary) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

31

NOTICE of Withdrawal of Appearance of Attorney Timothy M. Jones for the Defts. filed. Terminated Timothy M. Jones for the Defts. (Finn, Mary) Additional attachment(s) added on 10/31/2006 (Finn, Mary). (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

Notice of correction to docket made by Court staff. Correction: document 17 corrected because: to add notice of withdrawal signed by Attorney Timothy Jones and delete notice signed by Rosemary Tarantino. (Finn, Mary) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

32

JOINT STATEMENT of counsel regarding settlement . (Joun, Myong) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

ELECTRONIC NOTICE of Hearing re Settlement Approval :Hearing set for 1/19/2006 02:00 PM in Courtroom 1 before Judge Michael A Ponsor. (French, Elizabeth) (Entered: 11/24/2006)

Nov. 24, 2006

Nov. 24, 2006

33

Consent MOTION for Settlement Preliminary Approval of Class Settlement by Charles V. Ryan, IV. (Attachments: # 1 Exhibit Ex.1: Settlement Agreement and Exs.A−F# 2 Exhibit Ex 2 Affidavit of Howard Friedman)(Joun, Myong) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

Judge Michael A Ponsor : ENDORSED ORDER entered granting 33 Motion for Settlement. ALLOWED. The settlement is hereby preliminarily approved, along with the notice forms and notice plan. Analytics, Inc. is appointed as the claims administrator. The fairness hearing will be June 8, 2007 at 2:00 P.M. So ordered. cc/cl (Lindsay, Maurice) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Set/Reset Hearings: The Fairness Hearing set for 6/8/2007 at 2:00 PM in Courtroom 1 before Judge Michael A Ponsor. (Lindsay, Maurice) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

34

Assented to MOTION to Continue Fairness Hearing to June 22, 2007 by Charles V. Ryan, IV. (Attachments: # 1 Affidavit Affidavit of Myong J. Joun)(Joun, Myong) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

Judge Michael A Ponsor : endorsedORDER entered granting 34 Motion to Continue Fairness Hearing RESET FROM 6/8/07 TO 6/22/2007 02:00 PM in Courtroom 1 before Judge Michael A Ponsor. (French, Elizabeth) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

35

MOTION for Settlement For Final Approval Of Class Action Settlement by Charles V. Ryan, IV.(Friedman, Howard) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

36

MEMORANDUM in Support re 35 MOTION for Settlement For Final Approval Of Class Action Settlement filed by Charles V. Ryan, IV. (Attachments: # 1 Text of Proposed Order Proposed Order On Motion For Final Approval of Class Settlement# 2 Exhibit Exhibits In Support of Final Approval# 3 Exhibit Ex. 1 Affidavit of Howard Friedman# 4 Exhibit Ex. 1A Resume of Howard Friedman# 5 Exhibit Ex. 2 Affidavit of Myong J. Joun# 6 Exhibit Ex. 2A Resume of Myong J. Joun# 7 Exhibit Ex. 2B Notice of Settlement, Claim Form, and Envelope# 8 Exhibit Ex. 2C Newspaper Notice in the Springfield Republican on January 23, 2007# 9 Exhibit Ex. 2D Newspaper Notice in the Daily Hampshire Gazette on January 27−28, 2007# 10 Exhibit Ex. 2E Newspaper Notice in the Greenfield Recorder on January 27, 2007# 11 Exhibit Ex. 2F News coverage of the Settlement# 12 Exhibit Ex 2G Jail Notice# 13 Exhibit Ex. 2H (Part 1) Photograph of Jail Notice Posting# 14 Exhibit Ex. 2H (Part 2) Photograph of Jail Notice Posting# 15 Exhibit Ex. 2H (Part 3) Photograph of Jail Notice Posting# 16 Exhibit Ex. 2I Summary of Attorney's Fees and Litigation Costs)(Friedman, Howard) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

37

MOTION Substitute Pages re 36 Memorandum in Support of Motion,,,, by Charles V. Ryan, IV. (Attachments: # 1 Substitute Page 17 for Plaintiff's Memorandum in Support of Motion for Final Approval of Class Settlement# 2 Text of Proposed Order on Motion for Final Approval of Class Settlement)(Friedman, Howard) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

38

Judge Michael A Ponsor : ORDER entered granting 35 MOTION for Final Approval of Class Settlement; cc/cl. (Finn, Mary) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

Civil Case Terminated. (Finn, Mary) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 18, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons strip-searched at the Hampshire Jail between 01-18-02 through 11-07-02 who were not arrested on violent or drug-related charges, and/or were arrested on defaults or warrants such as court contempt charges or non-payment charges.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hampshire Sheriff's Office (Hampshire), County

Hampshire Jail and House of Correction (Hampshire), 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)

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