Case: Spellman v. Humboldt County

4:05-cv-00568 | U.S. District Court for the Northern District of California

Filed Date: Feb. 8, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On February 8, 2005, private attorney Mark E. Merin filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California, challenging the policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Humboldt County Jail. The named plaintiff, who was a female citizen arrested for a DWI, alleged that she was forced to strip naked, such that she was nude from the waist up in the p…

On February 8, 2005, private attorney Mark E. Merin filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California, challenging the policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Humboldt County Jail. The named plaintiff, who was a female citizen arrested for a DWI, alleged that she was forced to strip naked, such that she was nude from the waist up in the presence of male officers not involved in her search. The search was videotaped. Plaintiff alleged that her treatment was the result of the official Humboldt County Jail policy, in which officers routinely subjected detainees in their custody to strip and visual body cavity searches before they were arraigned and without having any reasonable suspicion that the detainees possessed contraband or weapons, in violation of the Fourth and Fourteenth Amendments and California state law. Plaintiff sought declaratory and injunctive relief, monetary damages and class certification.

After the parties engaged in discovery, defendants moved for summary judgment. The District Court (Saundra Brown Armstrong) found that plaintiff failed to present any evidence of similar complaints, which negated that a custom or practice of improper searches existed at the Jail. As such, the Court granted summary judgment in favor of the County of Humboldt and its Sheriff on plaintiff's municipal liability claim. Spellman v. Humboldt County, 2006 WL 1626922 (N.D.Cal. Jun 09, 2006) Plaintiff appealed.

While the case was on appeal, plaintiff refiled the case, individually naming the deputy sheriff that conducted the strip search as a defendant. That new case, which was filed on June 27, 2006, had the new case number 3:06-cv-03956-MHP and was assigned to District Judge Marilyn H. Patel.

About three months later, the parties settled the matter. They filed a joint memorandum of voluntarily dismissal dated October 16, 2006, advising the Court that the parties mutually resolved their differences. Plaintiff also voluntarily dismissed the appeal of the 2005 case. The terms of the settlement were not made part of the Court record.

Summary Authors

Dan Dalton (1/15/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5721155/parties/spellman-v-humboldt-county/


Judge(s)

Armstrong, Saundra Brown (California)

Patel, Marilyn Hall (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwarzschild, Jeffrey I. (California)

Attorneys(s) for Defendant

Delaney, Nancy K. (California)

Judge(s)

Armstrong, Saundra Brown (California)

Patel, Marilyn Hall (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwarzschild, Jeffrey I. (California)

Attorneys(s) for Defendant

Delaney, Nancy K. (California)

Documents in the Clearinghouse

Document

3:06-cv-03956

Docket [PACER]

Spellman v. Goldsmith

Oct. 24, 2006

Oct. 24, 2006

Docket

4:05-cv-00568

Docket [PACER]

Feb. 22, 2007

Feb. 22, 2007

Docket
1

4:05-cv-00568

Class Action Complaint

Feb. 8, 2005

Feb. 8, 2005

Complaint
58

4:05-cv-00568

Order Granting Summary Judgment

2006 WL 1626922, 2006 U.S.Dist.LEXIS 417

June 9, 2006

June 9, 2006

Order/Opinion
1-2

3:06-cv-03956

Civil Rights Complaint

Spellman v. Goldsmith

June 27, 2006

June 27, 2006

Complaint
8

3:06-cv-03956

Notice of Dismissal by Plaintiff

Spellman v. Goldsmith

Oct. 24, 2006

Oct. 24, 2006

Order/Opinion
75

4:05-cv-00568

Order [re: Motion for Reconsideration]

Feb. 22, 2007

Feb. 22, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5721155/spellman-v-humboldt-county/

Last updated Aug. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
15

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 6/22/2005. (bzsec, COURT STAFF) (Filed on 6/22/2005)

June 22, 2005

June 22, 2005

RECAP
1

CLASS ACTION COMPLAINT & Demand for Jury Trial - [Summons Issued] against Humboldt County, Gary Philp & Humboldt County Sheriff's Department, [Filing Fee: $250.00, Receipt Number 3369092]. Filed by PlaintiffElin Spellman. (tn, COURT STAFF) (Filed on 2/8/2005) Additional attachment(s) added on 2/14/2005 (tn, COURT STAFF). (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

18

ORDER, signed by Judge SAUNDRA BROWN ARMSTRONG on 09/14/2005 with regard to Stipulation To Extend The Deadline For Conducting An Early Neutral Evaluation Session. On the basis of the Stipulation, the Court ORDERED THAT the deadline for conducting an ENE session is extended to and including 10/21/2005. (sbasec, COURT STAFF) (Filed on 9/14/2005)

Sept. 14, 2005

Sept. 14, 2005

RECAP

Summons Issued as to Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (tn, COURT STAFF) (Filed on 2/8/2005) (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

45

ORDER RE OVERDUE PAPERS. Signed by Magistrate Judge Bernard Zimmerman on 5/5/2006. (bzsec, COURT STAFF) (Filed on 5/5/2006)

May 5, 2006

May 5, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due 6/8/2005 & Initial Case Management Conference set for 6/15/2005 01:30 PM. (Attachments: # (1) Standing Order).(tn, COURT STAFF) (Filed on 2/9/2005) (Entered: 02/10/2005)

Feb. 9, 2005

Feb. 9, 2005

46

ORDER DENYING Stipulation filed by Humboldt County Sheriff's Department,, Gary Philp,, Humboldt County,. Signed by Judge ARMSTRONG on 5/8/06. (lrc, COURT STAFF) (Filed on 5/8/2006)

May 8, 2006

May 8, 2006

RECAP
3

CLERK'S NOTICE RE CONSENT OR DECLINATION TO PROCEED BEFORE MAGISTRATE JUDGE; COUNSEL TO RESPOND BY 3/18/05 (bpf, COURT STAFF) (Filed on 3/4/2005) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

58

ORDER by Judge Armstrong granting 29 Motion for Summary Judgment (lrc, COURT STAFF) (Filed on 6/9/2006) Modified on 7/17/2006 (lrc, COURT STAFF).****** THIS ORDER FILED IN ERROR. CORRECT ORDER ON MOTION FOR SUMMARY JUDGMENT FILED ON 7/17/06*****

June 9, 2006

June 9, 2006

RECAP
4

CONSENT to Proceed Before a US Magistrate Judge by Elin Spellman.. (Merin, Mark) (Filed on 3/7/2005) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

6

Certification of Damages in Excess of $150,000.00 (Merin, Mark) (Filed on 3/10/2005) (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

7

Declination to Proceed Before a U.S. Magistrate Judge by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 3/16/2005) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

8

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 3/17/2005) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

9

ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Judge Edward M. Chen no longer assigned to case. Signed by Executive Committee on 03/18/05. (mab, COURT STAFF) (Filed on 3/18/2005) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

10

ANSWER to Complaint with Jury Demand byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 3/21/2005) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

11

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 6/15/2005 03:45 P.M., via telephone. Signed by Judge ARMSTRONG on 4/4/05. (lrc, ) (Filed on 4/4/2005) Modified on 4/5/2005 (jlm, COURT STAFF). (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

12

JOINT CASE MANAGEMENT STATEMENT ; [Proposed] Order filed by Elin Spellman, Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Merin, Mark) (Filed on 6/8/2005) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

13

Minute Entry: Initial Case Management Conference held on 6/15/2005 before JUDGE ARMSTRONG (Date Filed: 6/17/2005). (Court Reporter NOT REPORTED.) (lrc, COURT STAFF) (Date Filed: 6/17/2005) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

Set Deadlines/Hearings: re 13 Discovery due by 2/28/2006. Motions due by 4/18/2006. Jury Trial set for 6/19/2006 08:30 AM. Pretrial Conference set for 6/6/2006 01:00 PM. (jlm, COURT STAFF) (Filed on 6/17/2005) (Entered: 06/20/2005)

June 17, 2005

June 17, 2005

CASE REFERRED to ADR for Early Neutral Evaluation (jlm, COURT STAFF) (Filed on 6/17/2005) (Entered: 06/20/2005)

June 17, 2005

June 17, 2005

14

CASE MANAGEMENT SCHEDULING ORDER:. Signed by Judge ARMSTRONG on 6/20/05. (lrc, COURT STAFF) (Filed on 6/20/2005) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

CASE REFERRED to Magistrate Judge Bernard Zimmerman for Settlement (klh, COURT STAFF) (Filed on 6/20/2005) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

16

ADR Clerks Notice Appointing Charles E. Farnsworth as ENE Evaluator. (bt, COURT STAFF) (Filed on 7/29/2005) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

Evaluator would like to hold the Pre ENE phone conference on 8/30/2005 at 2:00 p.m. (cmf, COURT STAFF) (Filed on 8/26/2005) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

17

STIPULATION TO EXTEND THE DEADLINE FOR CONDUCTING AN EARLY NEUTRAL EVALUATION ("ENE") SESSION; [PROPOSED] ORDER by Elin Spellman, Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Merin, Mark) (Filed on 9/1/2005) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

Set/Reset Hearings: ENE Hearing set for 10/21/2005 at 10:00 AM at the Evaluator's office. (cmf, COURT STAFF) (Filed on 9/2/2005) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

19

CERTIFICATION OF ENE Session by Charles E. Farnsworth; ENE Session held 10/21/2005; Case did not settle; ENE process is complete. (cmf, COURT STAFF) (Filed on 10/25/2005) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

20

MOTION for Leave to Amend/Correct Class Action Complaint filed by Elin Spellman. Motion Hearing set for 3/14/2006 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion to Amend Class Action Complaint)(Merin, Mark) (Filed on 2/1/2006) Modified on 2/2/2006 (jlm, COURT STAFF). (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

21

Declaration of Mark E. Merin in Support of 20 MOTION to Amend/Correct Class Action Complaint filed byElin Spellman. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s)20) (Merin, Mark) (Filed on 2/1/2006) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

22

Memorandum in Opposition to Plaintiff's Motion to Amend Complaint to Designate Doe Defendant filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 2/21/2006) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

23

DECLARATION of Nancy K. Delaney in Opposition to Plaintiff's Motion to Amend Complaint to Designate Doe Defendant filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 2/21/2006) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

24

Reply to Opposition re 20 MOTION for Leave to Amend/Correct Class Action Complaint to Designate a Doe Defendant filed byElin Spellman. (Merin, Mark) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

26

CERTIFICATE OF SERVICE by Elin Spellman re 24 Reply to Opposition, 25 Declaration in Support (Merin, Mark) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

27

Proposed Order re 20 MOTION for Leave to Amend/Correct Class Action Complaint (Revised) by Elin Spellman. (Merin, Mark) (Filed on 3/1/2006) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

28

Proposed Order Denying Plaintiff's Motion to Amend Complaint by Humboldt County, Gary Philp. (Delaney, Nancy) (Filed on 3/2/2006) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

29

MOTION for Summary Judgment /Adjudication filed by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. Motion Hearing set for 4/18/2006 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Delaney, Nancy) (Filed on 3/10/2006) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

30

Declaration of Melinda Ciarabellini in Support of 29 MOTION for Summary Judgment /Adjudication filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Related document(s)29) (Delaney, Nancy) (Filed on 3/10/2006) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

31

Declaration of Nancy K. Delaney in Support of 29 MOTION for Summary Judgment /Adjudication filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Related document(s)29) (Delaney, Nancy) (Filed on 3/10/2006) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

32

Declaration of Nancy K. Delaney (Part 2) in Support of 29 MOTION for Summary Judgment /Adjudication filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Related document(s)29) (Delaney, Nancy) (Filed on 3/10/2006) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

33

Minute Entry: Motion Hearing held on 3/14/2006 before JUDGE ARMSTRONG (Date Filed: 3/14/2006) re 20 MOTION for Leave to Amend/Correct Class Action Complaint filed by Elin Spellman,. (Court Reporter DIANE SKILLMAN.) (lrc, COURT STAFF) (Date Filed: 3/14/2006) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

34

Memorandum in Opposition re 29 MOTION for Summary Judgment /Adjudication filed byElin Spellman. (Attachments: # 1 Proposed Order Denying Defendants' Motion for Summary Judgment/Adjudication)(Merin, Mark) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

35

DECLARATION of Mark E. Merin in Opposition to 29 MOTION for Summary Judgment /Adjudication filed byElin Spellman. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Related document(s)29) (Merin, Mark) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

37

Reply Memorandum re Motion for Summary Judgment filed by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 4/4/2006) Modified on 4/5/2006 (jlm, COURT STAFF). (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

38

Proposed Order re Motion for Summary Judgment by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 4/4/2006) Modified on 4/5/2006 (jlm, COURT STAFF). (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

39

ORDER Setting Hearing on Motion 29 MOTION for Summary Judgment /Adjudication : Motion Hearing set for 5/2/2006 01:00 PM.. Signed by Judge ARMSTRONG on 4/14/06. (lrc, COURT STAFF) (Filed on 4/14/2006) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

40

STIPULATION re 39 Order Setting Hearing on Motion ; Stipulation to Continue Hearing on Defendants' Motion for Summary Judgment; [Proposed] Order by Elin Spellman. (Merin, Mark) (Filed on 4/21/2006) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

41

ORDER by Judge ARMSTRONG denying 20 Motion to Amend/Correct ; (lrc, COURT STAFF) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

42

ORDER Setting Hearing on Motion 29 MOTION for Summary Judgment /Adjudication : Motion Hearing set for 5/23/2006 01:00 PM.. Signed by Judge ARMSTRONG on 4/24/06. (lrc, COURT STAFF) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

Set Deadlines/Hearings: Pretrial Conference set for 6/13/2006 01:00 PM. (lrc, COURT STAFF) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

43

***ERRONEOUS ENTRY - PLEASE IGNORE*** STIPULATION to Continue Settlement Conference and Pre-Trial Filings; [Proposed] Order by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 5/1/2006) Modified on 5/2/2006 (jlm, COURT STAFF). Modified on 5/2/2006 (jlm, COURT STAFF). (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

44

STIPULATION (Corrected) to Continue Settlement Conference and Pre-Trial Filings; [Proposed] Order by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 5/1/2006) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

48

NOTICE by Elin Spellman of Plaintiff's Pretrial Disclosures (Merin, Mark) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

49

PRETRIAL MEMORANDUM - Defendants' Pre-Trial Disclosures by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

50

TRIAL BRIEF by Elin Spellman. (Merin, Mark) (Filed on 5/23/2006) Modified on 5/24/2006 (jlm, COURT STAFF). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

51

Witness List by Elin Spellman. (Merin, Mark) (Filed on 5/23/2006) Modified on 5/24/2006 (jlm, COURT STAFF). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

52

Proposed Voir Dire by Elin Spellman. (Merin, Mark) (Filed on 5/23/2006) Modified on 5/24/2006 (jlm, COURT STAFF). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

53

NOTICE by Elin Spellman Plaintiff's Designation of Discovery Excerpts (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Merin, Mark) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

54

Proposed Form of Verdict by Elin Spellman. (Schwarzschild, Jeffrey) (Filed on 5/23/2006) Modified on 5/24/2006 (jlm, COURT STAFF). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

55

Proposed Jury Instructions by Elin Spellman. (Special Jury Instructions) . (Schwarzschild, Jeffrey) (Filed on 5/23/2006) Modified on 5/24/2006 (jlm, COURT STAFF). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

56

Minute Entry: Motion Hearing held on 5/23/2006 before Judge Saundra Brown Armstrong (Date Filed: 5/23/2006) re 29 MOTION for Summary Judgment filed by Humboldt County Sheriff's Department, Gary Philp, Humboldt County,. (Court Reporter DIANE SKILLMAN.) (lrc, COURT STAFF) (Date Filed: 5/23/2006) Modified on 5/26/2006 (jlm, COURT STAFF). (Entered: 05/25/2006)

May 23, 2006

May 23, 2006

57

Proposed Order Granting Summary Judgment by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

59

JUDGMENT, ***Civil Case Terminated.. Signed by Judge Armstrong on 6/9/06. (lrc, COURT STAFF) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

60

BILL OF COSTS by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 6/26/2006) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

61

BILL OF COSTS (Withdrawal of) by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 6/28/2006) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [62] Notice of Appeal (jlm, COURT STAFF) (Filed on 7/7/2006) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

64

TRANSCRIPT Designation and Ordering Form by Elin Spellman for proceedings held on 5/23/06, 3/14/06, C/R: Diane Skillman, re [62] Notice of Appeal(kc, COURT STAFF) (Filed on 7/17/2006) Additional attachment(s) added on 7/20/2006 (jlm, COURT STAFF). (Entered: 07/19/2006)

July 17, 2006

July 17, 2006

65

CLERK'S NOTICE to Plaintiff's Counsel re: Failure to E-File regarding manually filed document 64 (kc, COURT STAFF) (Filed on 7/19/2006) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

66

CLERK'S NOTICE RE: NOTICE OF RELATED CASES (lrc, COURT STAFF) (Filed on 7/25/2006) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

USCA Case Number 06-16311 for the Ninth Circuit for [62] Notice of Appeal. (jlm, COURT STAFF) (Filed on 8/7/2006) (Entered: 08/08/2006)

Aug. 7, 2006

Aug. 7, 2006

67

TRANSCRIPT of Proceedings held on 03/14/06 before Judge Saundra Brown Armstrong. Court Reporter: Diane E. Skillman.. (jlm, COURT STAFF) (Filed on 8/11/2006) (Entered: 08/14/2006)

Aug. 11, 2006

Aug. 11, 2006

68

TRANSCRIPT of Proceedings held on 05/23/06 before Judge Saundra Brown Armstrong. Court Reporter: Diane E. Skillman. (jlm, COURT STAFF) (Filed on 8/11/2006) (Entered: 08/14/2006)

Aug. 11, 2006

Aug. 11, 2006

Certificate of Record Mailed to USCA re appeal [62] Notice of Appeal. (jlm, COURT STAFF) (Filed on 8/14/2006) (Entered: 08/15/2006)

Aug. 14, 2006

Aug. 14, 2006

69

MOTION for Reconsideration (Request for Leave to File) filed by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 8/21/2006) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

70

Declaration of Nancy K. Delaney in Support of 69 MOTION for Reconsideration (Request for Leave to File) filed byHumboldt County, Gary Philp, Humboldt County Sheriff's Department. (Related document(s)69) (Delaney, Nancy) (Filed on 8/21/2006) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

71

Proposed Order Granting Leave to File Motion for Reconsideration of Related Case Determination by Humboldt County, Gary Philp, Humboldt County Sheriff's Department. (Delaney, Nancy) (Filed on 8/21/2006) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

72

ORDER of USCA: The assessment conference originally scheduled for 09/22/06 is rescheduled to 09/28/06 at 2:30 PM. (jlm, COURT STAFF) (Filed on 10/3/2006) Additional attachment(s) added on 10/6/2006 (jlm, COURT STAFF). (Entered: 10/05/2006)

Oct. 3, 2006

Oct. 3, 2006

Received Motion to Dismiss Appeal submitted to the USCA by Appellant Elin Spellman. (jlm, COURT STAFF) (Filed on 10/17/2006) (Entered: 10/18/2006)

Oct. 17, 2006

Oct. 17, 2006

73

MANDATE of USCA: Appellant's motion to dismiss this appeal is granted, as to [62] Notice of Appeal. The parties shall bear their own costs and attorneys' fees on appeal. (jlm, COURT STAFF) (Filed on 10/25/2006) Additional attachment(s) added on 10/27/2006 (jlm, COURT STAFF). (Entered: 10/26/2006)

Oct. 25, 2006

Oct. 25, 2006

74

CLERKS Letter Spreading Mandate to Counsel (jlm, COURT STAFF) (Filed on 10/26/2006) Additional attachment(s) added on 10/27/2006 (jlm, COURT STAFF). (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

75

ORDER by Judge ARMSTRONG DENYING as moot 69 Motion for Reconsideration (lrc, COURT STAFF) (Filed on 2/22/2007) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

63

CORRECT ORDER re 29 MOTION for Summary Judgment /Adjudication filed by Humboldt County Sheriff's Department,, Gary Philp,, Humboldt County,. Signed by Judge ARMSTRONG on 6/9/06. (lrc, COURT STAFF) (Filed on 7/17/2006)

July 17, 2006

July 17, 2006

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 8, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All those who were arrested from 2003-present who were subjected to a strip search at Humboldt County Jail without the defendants having a reasonable suspicion that the searches would be productive of contraband.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Humboldt County (Humboldt), County

Humboldt County Sheriff's Department (Humboldt), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run