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)

Attorney for Plaintiff

Bills, Jennifer L. (Massachusetts)

Friedman, Howard (Massachusetts)

Joun, Myong J. (Massachusetts)

Attorney for Defendant

Jones, Timothy M. (Massachusetts)

Documents in the Clearinghouse

Documents in this case

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

Plaintiffs' Consent Motion for Preliminary Approval of Class Settlement

Ryan v. Garvey & Cahillane

Dec. 29, 2006

Dec. 29, 2006

Pleading / Motion / Brief
33-1

3:05-cv-30017

[Preliminarily Approved] Settlement Agreement

Ryan v. Garvey & Cahillane

Dec. 29, 2006

Dec. 29, 2006

Settlement Agreement

Notice of Class Action and Proposed Settlement

Ryan v. Garvey, et al

No Court

Jan. 1, 2007

Jan. 1, 2007

Notice of Investigation or Suit/Demand Letter

Docket

Last updated March 27, 2025, 8:24 a.m.

ECF Number Date Description Link
1 Jan. 18, 2005

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)

PACER
Jan. 21, 2005

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

PACER
2 Feb. 17, 2005

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

PACER
3 Feb. 17, 2005

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

PACER
4 Feb. 18, 2005

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

PACER
5 Feb. 18, 2005

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)

PACER
Feb. 24, 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)

PACER
6 April 11, 2005

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

PACER
7 April 13, 2005

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)

PACER
8 May 3, 2005

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)

PACER
9 May 5, 2005

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

PACER
10 June 2, 2005

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

PACER
11 June 2, 2005

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

PACER
12 June 6, 2005

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

PACER
13 June 6, 2005

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)

PACER
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)

PACER
June 7, 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)

PACER
14 June 9, 2005

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)

PACER
June 9, 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)

PACER
15 Sept. 30, 2005

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)

PACER
16 Oct. 5, 2005

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

PACER
Oct. 5, 2005

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

PACER
17 Dec. 9, 2005

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)

PACER
18 Dec. 12, 2005

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)

PACER
Dec. 12, 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)

PACER
19 Feb. 27, 2006

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)

PACER
Feb. 28, 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)

PACER
20 March 3, 2006

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

PACER
21 March 3, 2006

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

PACER
22 March 3, 2006

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)

PACER
23 March 27, 2006

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)

PACER
April 11, 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)

PACER
24 June 22, 2006

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)

PACER
25 June 22, 2006

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

PACER
26 July 6, 2006

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)

PACER
27 July 14, 2006

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)

PACER
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)

PACER
July 14, 2006

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

PACER
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)

PACER
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)

PACER
28 July 27, 2006

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

PACER
July 28, 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)

PACER
Oct. 17, 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)

PACER
29 Oct. 19, 2006

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)

PACER
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)

PACER
Oct. 24, 2006

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

PACER
30 Oct. 25, 2006

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

PACER
31 Oct. 31, 2006

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)

PACER
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)

PACER
32 Nov. 17, 2006

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

PACER
Nov. 24, 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)

PACER
33 Dec. 29, 2006

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)

PACER
Jan. 8, 2007

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)

PACER
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)

PACER
34 Jan. 11, 2007

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)

PACER
Jan. 16, 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)

PACER
35 June 15, 2007

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

PACER
36 June 15, 2007

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)

PACER
37 June 21, 2007

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)

PACER
38 June 22, 2007

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

PACER
June 22, 2007

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

PACER

Case Details

State / Territory:

Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

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

County

Hampshire Jail and House of Correction

Hampshire Sheriff's Office

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Other Dockets:

District of Massachusetts 3:05-cv-30017

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation