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 attorneys, see: https://www.courtlistener.com/docket/5721155/parties/spellman-v-humboldt-county/


Judge(s)

Armstrong, Saundra Brown (California)

Patel, Marilyn Hall (California)

Attorney for Plaintiff

Merin, Mark E. (California)

Schwarzschild, Jeffrey I. (California)

Attorney for Defendant

Delaney, Nancy K. (California)

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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

June 9, 2006

June 9, 2006

Order/Opinion

2006 WL 1626922

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

Docket

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

Last updated April 6, 2025, 10:13 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
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
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
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
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
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

Facility Type(s):

Government-run

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

Available 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/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)