Case: Spinner v. City of New York

1:01-cv-02715 | U.S. District Court for the Eastern District of New York

Filed Date: May 2, 2001

Closed Date: June 4, 2004

Clearinghouse coding complete

Case Summary

In 2001, private attorneys representing individual plaintiffs filed several civil rights lawsuits pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. The cases challenged allegedly improper strip searches and unsanitary and inhumane conditions of confinement at the Brooklyn Central Booking facility. Plaintiffs alleged that police had a blanket policy of strip searching all individuals who entered the Brooklyn Central Booking facility, regardless of th…

In 2001, private attorneys representing individual plaintiffs filed several civil rights lawsuits pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York. The cases challenged allegedly improper strip searches and unsanitary and inhumane conditions of confinement at the Brooklyn Central Booking facility. Plaintiffs alleged that police had a blanket policy of strip searching all individuals who entered the Brooklyn Central Booking facility, regardless of the crime for which they were charged and without reasonable suspicion to believe that the individuals were concealing weapons or contraband. After being strip searched, detainees were allegedly placed in filthy, disease-ridden, and overcrowded jail cells. Plaintiffs asserted that the policy and conditions violated the Fourth and Fourteenth Amendments to the United States Constitution. They sought declaratory and injunctive relief, compensatory and punitive damages, and class certification for the thousands of individuals that suffered the same alleged indignities. Defendants answered by generally denying the allegations.

The lawsuits, which involved over 20 plaintiffs, were consolidated under the lead case, Spinner v. City of New York.

On October 6, 2003, the District Court (Senior District Judge Charles P. Sifton) certified the case as a class action, with the class defined as all persons since 1998 who (1) were charged with misdemeanor or non-criminal offenses in Kings County, (2) then were detained at the Brooklyn Central Booking, and (3) while detained, were subjected to strip searches without regard to the existence of probable cause or reasonable suspicion that the detainees possessed weapons or contraband. Plaintiffs' request for a preliminary injunction was denied. Plaintiffs subsequently withdrew their claims for injunctive relief and the Court issued an order decertifying the class on the injunctive relief claims.

Discovery and motion practice ensued, until the parties eventually reached a settlement of the case. Under the settlement, the City agreed to pay approximately $654,000 to settle claims of the 20 remaining plaintiffs. Approximately $323,000 of the total amount would be divided among the 20 plaintiffs (in varying amounts, ranging from approximately $12,250 to $21,500) and the remaining $331,000 would be award to plaintiffs' attorneys as fees. The District Court (Magistrate Judge Cheryl L. Pollak) approved the settlement on June 4, 2004.

We have no information showing post-settlement activity in the case.

Summary Authors

Dan Dalton (3/5/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11717945/parties/spinner-v-city-of-new-york/


Judge(s)
Attorney for Plaintiff

Cardinale, Richard J. (New York)

Epstein, David B. (New York)

Flamm, Matthew S (New York)

Attorney for Defendant

Box, Ingrid Ursula (New York)

Gatz, Lara Treinis (New York)

Documents in the Clearinghouse

Documents in this case

1:01-cv-02715

Docket (PACER)

June 13, 2005

June 13, 2005

Docket
162

1:01-cv-02715

Memorandum and Order

Aug. 27, 2003

Aug. 27, 2003

Order/Opinion
174

1:01-cv-02715

Memorandum and Order

Oct. 10, 2003

Oct. 10, 2003

Order/Opinion
217

1:01-cv-02715

1:02-cv-01039

1:01-cv-08264

1:02-cv-02899

Consolidated Complaint

Dec. 22, 2003

Dec. 22, 2003

Complaint
238

1:01-cv-02715

Report and Recommendation

Feb. 3, 2004

Feb. 3, 2004

Magistrate Report/Recommendation
241

1:01-cv-02715

1:02-cv-01039

1:01-cv-08264

1:02-cv-02899

Consolidation Letter

Feb. 3, 2004

Feb. 3, 2004

Pleading / Motion / Brief
264

1:01-cv-02715

Report and Recommendation

March 16, 2004

March 16, 2004

Magistrate Report/Recommendation
301

1:01-cv-02715

Civil Cause for Status Conference

April 22, 2004

April 22, 2004

Transcript
295

1:01-cv-02715

1:02-cv-01039

1:01-cv-08264

1:02-cv-02899

Stipulation and Order Decertifying the Injunctive Class

May 18, 2004

May 18, 2004

Order/Opinion
306

1:01-cv-02715

1:02-cv-01039

1:01-cv-08264

1:02-cv-02899

Correspondence

May 27, 2004

May 27, 2004

Correspondence

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11717945/spinner-v-city-of-new-york/

Last updated Aug. 23, 2026, 4:23 a.m.

Docket for: Spinner v. City of New York
ECF Number Date Description Link
1 May 2, 2001

COMPLAINT filed and summons(es) issued for Guytho Vernet, City of New York, Rudolph Giuliani, William J. Fraser, Gary M. Lanigan, Bernard B. Kerik, Howard Safir, John Doe # 1, John Doe # 2, Police and Correctio, Defilippo, Paul Denver, Edwin Caban FILING FEE $ 150.00 RECEIPT # 246038 (Villanueva, William) (Entered: 05/03/2001)

RECAP
May 2, 2001

CASE REFERRED to Magistrate Cheryl L. Pollak (Villanueva, William)

2 May 23, 2001

LETTER dated 5/19/01 from Richard J. Cardinale, Esq. to Judge Sifton requesting that the NYC Law Dept be required to furnish pltffs with the names of the primary John Doe dfts, and the locations where former Commissioners may be served in the event that the Court grants the Municipal dfts' application for an extension to time to respond to the complaint. (Lee, Tiffeny) (Entered: 05/23/2001)

RECAP
May 23, 2001

Endorsed order on page 2 of document granting [2-1] letter application. So ordered. (Signed by Senior Judge Charles P. Sifton, on 5/21/01) {copies mailed} (Lee, Tiffeny)

3 May 24, 2001

AMENDED COMPLAINT by Michael Spinner, Francis Becht, Aleksandra Jargilo, Gayner Harley, Corneilius Philips, Guytho Vernet, Federico Tenorio, amending [1-1] complaint as to Angie Melicio, Alexander Timofeev, Troy Stephen, Eric Thompson, Yvonne James. (Lee, Tiffeny) (Entered: 05/25/2001)

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4 June 5, 2001

LETTER dated 5/31/01 from Gail Donoghue to Richard Cardinale all communications should be addressed to Lara Treinis (Jackson, Ramona) (Entered: 06/05/2001)

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5 June 5, 2001

LETTER dated 5/22/01 from Lara Treinis to Judge Sifton request the court deny pltff's demand to furnish the names of "primary Joe Doe deft's" and require pltff's to properly serve all named deft's. (Jackson, Ramona) (Entered: 06/05/2001)

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6 June 5, 2001

ORDER granting city dft's application for 60 day enlargement of time, from 5/21/01 to 7/21/01, to answer or otherwise respond to the complaint. See letter dated 5/21/01 from ACC Treinis to Judge Sifton. (signed by Senior Judge Charles P. Sifton, on 5/29/01) {copies mailed} (Lee, Tiffeny) Modified on 06/08/2001 (Entered: 06/08/2001)

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7 June 7, 2001

LETTER dated 6/4/01 from William J. Sillery to Presiding Judge, advising the Court that they were unable to identify any record on file for dft. Corneilius Philips and have no criminal history information which may be disseminated. (DiLorenzo, Krista) (Entered: 06/11/2001)

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8 June 7, 2001

LETTER dated 6/4/01 from William J. Sillery to Presiding Judge, advising the Court that they were unable to identify with any record on file for Michael Spinner. (DiLorenzo, Krista) (Entered: 06/12/2001)

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9 June 7, 2001

LETTER dated 6/4/01 from Willaim J. Sillery to Presiding Judge, advising the Court that they were unable to identify any record on file for Francis Becht. (DiLorenzo, Krista) Modified on 06/12/2001 (Entered: 06/12/2001)

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10 June 11, 2001

LETTER dated 6/1/01 from ACC Treinis to Judge Sifton requesting that the Court reconsider its 5/21/01 endorsed order requiring City dft to furnish pltffs w/names of primary John Doe dfts. (Lee, Tiffeny) (Entered: 06/13/2001)

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11 June 11, 2001

ORDER setting initial conference before MJ for 7/3/01 @ 12:00. (signed by Magistrate Cheryl L. Pollak, on 6/7/1) (Lee, Tiffeny) (Entered: 06/14/2001)

RECAP
June 11, 2001

Endorsed order on [10-1] letter. The application for reconsideration is denied. The dft is required to disclose to pltffs all information in its possession or under its control necessary to permit the pltffs to identify in name and service the individuals described in the complaint as "John Doe defendants." (Signed by Senior Judge Charles P. Sifton, on 6/9/01) c/m (Lee, Tiffeny)

12 July 2, 2001

LETTER dated 7/2/01 from Richard J. Cardinale, Esq. to Judge Sifton furnishing copy of second amended complaint filed with defendants' consent. (Lee, Tiffeny) (Entered: 07/06/2001)

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13 July 2, 2001

SECOND AMENDED COMPLAINT by plaintiffs amending [3-1] amended complaint against Gary Katz, Thomas Russo, John O'Connell. (Lee, Tiffeny) (Entered: 07/06/2001)

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14 July 3, 2001

Calendar entry: Initial conference held before MJ Pollak on 7/3/01. Mandatory disclosure to be completed by 8/13/01. Parties to provide written discovery by 8/13/01. Depositions to proceed. Conference set for 11/5/01 @ 11:30. (Lee, Tiffeny) (Entered: 07/10/2001)

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15 July 3, 2001

STIPULATION and ORDER that the complaint is amended to addd Capts Katz, Russo and O'Connell as dfts. (signed by Magistrate Cheryl L. Pollak, on 7/3/01) (Lee, Tiffeny) (Entered: 07/10/2001)

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16 July 24, 2001

ANSWER to Complaint by City of New York, Rudolph Giuliani, William J. Fraser, Gary M. Lanigan, Bernard B. Kerik, Gary Katz, Thomas Russo, John O'Connell. (Rodriguez,Angela) (Entered: 07/25/2001)

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17 Aug. 1, 2001

ORDER Three day extension of time within which deft's file their answer. On ltr. dtd. 7/23/01 from Lara Treinis. ( signed by Senior Judge Charles P. Sifton, on 7/30/01) (Jackson, Ramona) (Entered: 08/01/2001)

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18 Aug. 9, 2001

RETURN OF SERVICE Second Amended Summons & Complaint executed as to Gary M. Lanigan, Defilippo, Paul Denver, Edwin Caban, Gary Katz, Thomas Russo, John O'Connell 7/10/01. (Jackson, Ramona) Modified on 08/09/2001 (Entered: 08/09/2001)

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19 Nov. 5, 2001

Calendar entry: Status conference held before Magistrate Pollak on 11/5/01. Plaintiffs to provide copies of file to Corp. Counsel. Depositions of plaintiffs to proceed. Order re: discovery to issue. Conference is set for 1/22/02 at 10:00. (Rodriguez,Angela) (Entered: 11/07/2001)

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20 Nov. 8, 2001

ORDER Deft's are ordered to respond to interrogatories requesting the docket number and caption of any complaint fiuled under Section 1983 which involves claims relating to Brooklyn Central Booking practices filed in the years 1999 to 2001 See document for all other orders. ( signed by Magistrate Cheryl L. Pollak, on 11/5/01) (Jackson, Ramona) (Entered: 11/08/2001)

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21 Dec. 14, 2001

LETTER dated 12/7/01 from Ingrid U Box to Richard Cardinale request you voluntarily withdraw as counsel. (Jackson, Ramona) (Entered: 12/14/2001)

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22 Dec. 17, 2001

LETTER dated 12/10/01 from Richard J.Cardinale to Mag Pollak If the City files a motion to have this firm disqualified as counsel, we intend to request leave to cross move for sanctions under Rule 11. (Jackson, Ramona) (Entered: 12/17/2001)

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Dec. 21, 2001

LETTER dated 12/11/01 from Ingrid U Box to Michael Hueston response to letter dtd. 12/7/01. (Jackson, Ramona)

23 Jan. 24, 2002

ORDER, set scheduling conference for 9:00 1/25/02 before Magistrate Cheryl L. Pollak, On ltr. dtd. 1/18/02 from Richard J Cardinale terminated past due deadlines ( signed by Magistrate Cheryl L. Pollak, on 1/22/02) (Jackson, Ramona) (Entered: 01/24/2002)

RECAP
25 Jan. 25, 2002

Calendar entry:Before Mag Pollak Telephone Conf. Deft. to file disqualification motion by 2/8/02; Response 2/22/02; Reply 3/1/02. (Jackson, Ramona) (Entered: 01/30/2002)

RECAP
24 Jan. 29, 2002

LETTER dated 1/24/02 from Ingrid U.Box to Mag Pollak bring issues to court's attention in advance of telephone conf. of 1/25/02 and to address discovery issues raised by pltff's counsel 1/18/02 letter in Spinner action. (Jackson, Ramona) (Entered: 01/29/2002)

RECAP
26 Jan. 31, 2002

NOTICE of attorney appearance for Michael Spinner, Francis Becht, Aleksandra Jargilo, Gayner Harley, Corneilius Philips, Guytho Vernet, Federico Tenorio by Matthew Flamm, Robert N. Isseks (Jackson, Ramona) (Entered: 01/31/2002)

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27 Feb. 6, 2002

NOTICE of attorney appearance for Michael Spinner by Matthew Flamm & Robert N.Isseks (Jackson, Ramona) (Entered: 02/06/2002)

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28 Feb. 11, 2002

MOTION by City of New York, Rudolph Giuliani, William J. Fraser, Gary M. Lanigan, Bernard B. Kerik, Howard Safir, Police and Correctio, Defilippo, Paul Denver, Edwin Caban to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff., Motion hearing [28-1] motion Motion file stamped: 2/11/02 and (Jackson, Ramona) Modified on 02/12/2002 (Entered: 02/12/2002)

RECAP
29 Feb. 12, 2002

AFFIDAVIT of NORMA KERLIN City of New York Re:in support [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) Modified on 02/12/2002 (Entered: 02/12/2002)

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30 Feb. 12, 2002

AFFIDAVIT of BETH J. HOFFMAN City of New York Re:in support [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/12/2002)

RECAP
31 Feb. 12, 2002

Declaration of MURIEL GOODE-TRUFANT by City of New York Re:in support [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/12/2002)

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32 Feb. 12, 2002

Declaration of DAVID A. SCHWARTZ in support of motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/12/2002)

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33 Feb. 12, 2002

BRIEF in support by City of New York in support of [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/12/2002)

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34 Feb. 12, 2002

Alphabetical Appendix of Lexis Cases. (Jackson, Ramona) (Entered: 02/12/2002)

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35 Feb. 13, 2002

LETTER dated 2/11/02 from Maureen Moran to Clerk of the Court motion submitted. (Jackson, Ramona) (Entered: 02/13/2002)

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36 Feb. 26, 2002

MOTION by Michael Spinner et al to consolidate cases with CV 01 8264, Motion hearing set for 4:30 3/6/02 [36-1] motion Motion file stamped: 2/25/02 and mailed/served: 2/22/02 (Jackson, Ramona) Modified on 02/26/2002 (Entered: 02/26/2002)

RECAP
37 Feb. 26, 2002

DECLARATION OF RICHARD J. CARDINALE Michael Spinner et al Re:in opposition to [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/26/2002)

RECAP
38 Feb. 26, 2002

DECLARATION of MICHAEL HUESTON Michael Spinner Re:in opposition to [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/26/2002)

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39 Feb. 26, 2002

Declaration of MATTHEW FLAMM by Michael Spinner et al Re:in opposition to [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/26/2002)

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40 Feb. 26, 2002

Declaration of ROBERT N. ISSEKS by Michael Spinner Re:in opposition to [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/26/2002)

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41 Feb. 26, 2002

MEMORANDUM by Michael Spinner in opposition to [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 02/26/2002)

RECAP
47 Feb. 28, 2002

Calendar entry: Telephone conference held before Magistrate Pollak on 2/28/02. Defendant given until 3/8/02 to submit reply papers on disqualification motion. Oral argument is scheduled before Judge Sifton on disqualification issue and motion to consolidate on 3/18/02 at 4:30. (Rodriguez,Angela) (Entered: 03/20/2002)

RECAP
42 March 8, 2002

REPLY MEMORANDUM OF LAW by City of New York re: defendants' [36-1] motion to consolidate cases with CV 01 8264, in further support of defendants' [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Guzzi, Roseann) (Entered: 03/11/2002)

RECAP
43 March 8, 2002

Reply Declaration of Muriel Goode-Trufant, Coproration Counsel Re: [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff., [36-1] motion to consolidate cases with CV 01 8264. (Guzzi, Roseann) (Entered: 03/11/2002)

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44 March 8, 2002

REPLY DECLARATION of Ingrid U. Box, Assistant Corporation Counsel on behalf of City of New York Re: [36-1] motion to consolidate cases with CV 01 8264, in further support of defendants' [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. Exhibit A-I. (Guzzi, Roseann) (Entered: 03/11/2002)

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45 March 8, 2002

LETTER dated 3/8/02 from Maureen Moran, City of New York to Judge Sifton enclosing reply papers for defendants' motion to disqualify counsel. (Guzzi, Roseann) Modified on 03/14/2002 (Entered: 03/14/2002)

RECAP
46 March 14, 2002

SUR-REPLY AFFIDAVIT of Michael Hueston re: [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Rodriguez,Angela) (Entered: 03/15/2002)

RECAP
48 March 22, 2002

ORDER on letter dated 3/15/02 from Michael Hueston to Magistrate Pollak to confirm plaintiffs are available for oral argument on 4/10/02 at 3:30. Oral argument on motion to disqualify is scheduled for 4/10/2 at 3:30 GRANTED. ( Signed by Magistrate Cheryl L. Pollak, on 3/20/02 ) faxed 3/20/02. (Guzzi, Roseann) (Entered: 03/22/2002)

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49 April 1, 2002

LETTER dated 3/8/02 from Maureen Moran to Judge Sifton enclosed reply papers for deft's motion to disqualify. (Jackson, Ramona) (Entered: 04/01/2002)

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50 April 12, 2002

LETTER dated 3/14/02 from Ingrid U.Box to Mag Pollak request the court strike the Sur-Reply Declaration of Michael Hueston. (Jackson, Ramona) (Entered: 04/12/2002)

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51 April 24, 2002

TRANSCRIPT of conference before Magistrate Pollak filed for dates of 4/10/02. Court Transcriber: Elizabeth Barron. (Rodriguez,Angela) (Entered: 04/25/2002)

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52 May 8, 2002

LETTER dated 4/30/02 from Maureen Moran to Mag Pollak reqarding motion to disqualify. (Jackson, Ramona) (Entered: 05/08/2002)

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53 May 22, 2002

MEMORANDUM and ORDER denying [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. ( signed by Magistrate Cheryl L. Pollak, on 5/20/02) to J.Sifton (Jackson, Ramona) (Entered: 05/22/2002)

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54 May 31, 2002

LETTER dated 3/15/02 from Richard J.Cardinale to Judge Sifton request the court consider the enclosed sur-reply declaration. (Jackson, Ramona) (Entered: 05/31/2002)

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55 May 31, 2002

LETTER dated 3/14/02 from Ingrid U.Box to Mag Pollak request the court strike the Sur-Reply Declaration of Michael Hueston. We would be happy to participate in a telephone conf. on this issue should the court so require. (Jackson, Ramona) (Entered: 05/31/2002)

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56 May 31, 2002

LETTER dated dtd. 10/15/01 from Richard J.Cardinale to Mag Pollak deft's object to the proposed depositions. (Jackson, Ramona) (Entered: 05/31/2002)

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57 May 31, 2002

LETTER dated 4/16/02 from Ingrid U.Box to Mag Pollak ng deft's motion to disqualify pltff's counsel. (Jackson, Ramona) (Entered: 05/31/2002)

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58 June 4, 2002

ORDER, set status conference for 5:00 6/10/02 before Magistrate Cheryl L. Pollak, terminated past due deadlines ( signed by Magistrate Cheryl L. Pollak, on 6/3/02) (Jackson, Ramona) (Entered: 06/04/2002)

RECAP
59 June 7, 2002

LETTER dated 6/4/02 from Ingrid Box to Judge Sifton confirm deft's will be filing objections to the Memo. & Order of Judge Pollak. (Jackson, Ramona) (Entered: 06/07/2002)

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65 June 10, 2002

Calendar entry:,Before Mag Pollak Discovery Conf. set scheduling conference for 11:30 10/1/02 before Magistrate Cheryl L. Pollak,By 6/14/02 pls. to serve omnibus discovery requests re:strip search issues; separate requests for each case re: individual circumstances leading to arrest; deft's response due in 30 days 7/15/02. By 6/14 def. to provide expert psych report in Habrout and lists of releases needed for each case. By 6/21/pls. to provide expert psych report in Habrout and lists of releases needed for each case. By 6/21/02 pls. to provide lists of witnesses to be deposed in each case and suggested prioroity. Depositions of pls. and defs. to proceed. By 6/21/02 defs. to file amended answers in individual actions, pls to serve proposed amended class action complaint, deft's to indicate if motion is necessary. Parties to raise issue of Consolidation of 3 class actions with Judge Sifton. JOSEPHS CASE. McDonalds to respond to pls. discovery requests by 6/14/02. Pl. to notify counsel as to whether pl intends to add security Co. & security guard as def. depositions held in abeyance pending ruling on motion for summary judgment. HERO parties are to agree on schedule to Courier deposition. Conf. Oct. 1,2002 @ 11:30. terminated past due deadlines (Jackson, Ramona) (Entered: 06/14/2002)

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60 June 11, 2002

MEMORANDUM by City of New York et al in support of their objections to the District Court to the May 20,2002 order of Mag. Pollak. (Jackson, Ramona) (Entered: 06/11/2002)

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June 11, 2002

Calendar entry::Before Judge Sifton Civil Cause for motion hearing Case called. Counsel for all parties present. Court Reporter/ESR Winnie Valentine Status conf. held in all cases. The Philizaire case ( 01 CV 2738 ) and the Espeland case ( CV 01-5429) are ordered previously consolidated forpretrial purposes with the other cases previously consolidated (CV 01 -1165, CV 01-2511, CV 01-2715, CV 01 2739, CV 01 8264, CV 02-1039 and CV 02-2899). Both sides are to file papers in support of opposition to Mag. Judge Pollak's decision or the motion to disqualify pltff's counsel by 6/19. Oral argument will be heard 6/24/02 @ 4:30. The City deft's motion for a atay of discovery in all cases with a final decision is rendered on the motions to disqualify pltff's counsel is denied. text------------------------------------------+ (Jackson, Ramona)

61 June 14, 2002

LETTER dated 5/28/02 from Richard J.Cardinale to Judge Sifton conf. for 6/11/02 @ 4:30. (Jackson, Ramona) (Entered: 06/14/2002)

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62 June 14, 2002

LETTER dated 5/29/02 from Ingrid Box to Judge Sifton request a protective order; extend the stay of discovery until motion is decided. (Jackson, Ramona) (Entered: 06/14/2002)

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63 June 14, 2002

LETTER dated 5/30/02 from Richard J.Cardinale to Counsel status conf. to be held June 11,2002 @ 4:30. (Jackson, Ramona) (Entered: 06/14/2002)

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64 June 14, 2002

LETTER dated 6/10/02 from Michael Hueston to Mag Pollak regarding discovery. Conf. held 5/15/02. (Jackson, Ramona) (Entered: 06/14/2002)

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66 June 21, 2002

MEMORANDUM by Michael Spinner in support of Magistrate Judge's Pollak's order of May 20,2002 denying deft's motion to disqualify pltff's counsel, and in support of pltff's request that the New York City Law Dept. be directed to Show Cause why it has not violated Fed Civ P.11 (Jackson, Ramona) (Entered: 06/21/2002)

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67 June 21, 2002

CORRECTED MEMO. MEMORANDUM ( Memo. # 66) by Michael Spinner et al (Jackson, Ramona) (Entered: 06/21/2002)

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68 June 21, 2002

Declaration of MICHAEL HUESTON dworn to June 19,2002 Michael Spinner Re: in support of Mag. Judge Pollak's order of May 20,2002 denying deft's motion to disqualify pltff's counsel. (Jackson, Ramona) (Entered: 06/21/2002)

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69 June 26, 2002

LETTER dated 6/19/02 from Richard J.Cardinale to Judge Sifton will serve and file a corrected Memo. of Law. (Jackson, Ramona) (Entered: 06/26/2002)

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71 June 28, 2002

Calendar entry:Before Mag Pollak Civil Cause for telephone conf. Defs. agree to withdraw their objections to the RR and resubmit them as a motion for reconsideration to this court. Defs. papers, including the Kellner file and additional briefing on Rule 11, to be submitted by 7/3. Pls. to serve proposed amended complaint consolidating class actions with Habrout by 7/12/02. Defs. to review and notify the court and counsel by 7/19/02 if objections, if so answers to all complaints due 8/2/02, if no objections answer to consolidate due 8/2/02. (Jackson, Ramona) (Entered: 07/10/2002)

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70 July 9, 2002

LETTER dated 7/3/02 from Ingrid Box to Mag Pollak deft's withdraw objections to 5/20/02 order denying motion to disqualify pltff's counsel. (Jackson, Ramona) (Entered: 07/09/2002)

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72 July 11, 2002

MEMORANDUM by City of New York in opposition to deft's motion for reconsideration of the Order of May 20,2002 and in support of pltff's request thet NY City Law Dept. be directed to show cause why it has not violated FRP 11 (Jackson, Ramona) (Entered: 07/11/2002)

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73 July 11, 2002

LETTER dated 7/3/02 from Ingrid Box to Mag Pollak deft's withdraw objections to order dtd. 5/20/02 denying deft's motion to disqualify pltff's counsel. (Jackson, Ramona) (Entered: 07/11/2002)

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74 July 11, 2002

LETTER dated 6/19/02 from Richard J.Cardinale to Judge Sifton will file corrected memo. (Jackson, Ramona) (Entered: 07/11/2002)

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75 July 11, 2002

LETTER dated 6/19/02 from Richard J.Cardinale to Judge Sifton enclosed corrected memo. (Jackson, Ramona) (Entered: 07/11/2002)

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July 19, 2002

ORDER, A conference to discuss discovery issues and related matters has been set for July 23, 2002 at 3:00. To facilitate the discussion, plaintiffs are directed to send a letter to the court and counsel outlining the areas to be addressed by 07/22. Defs. may respond by letter. See letterdated 07/18/02 to Hon. Cheryl L. Pollak from Ingrid Box. (signed by Magistrate Cheryl L. Pollak, on 06/20/02). See 01-cv-1165 doc#48. (Lee, Stephen)

81 July 23, 2002

Calendar entry: Case called before Hon. Cheryl L. Pollak on date of 07/23/02 for Telephone Conference. Rulings: Plaintiff to file 3rd amended compl. in Spinner along with stipulation and order convalidating Spinner, Knophe, Halrout and Micciuli under Spinner caption. Plaintiff also to send letter detailing why the other actions are not appropriately consolidated. By 07/31 plaintiff to send letter outlining discovery disputes; defs responses due 08/09. Defs to respond to discovery requests in the cases not living consolidated limited to issues not relating to strip search. (Lee, Stephen) (Entered: 07/30/2002)

RECAP
76 July 25, 2002

ORDER Defs. request for extension is Granted. Pltff's are directed to re serve their papers by hand or federal express no later than 7/17/02. On ltr. dtd. 7/16/02 from Ingrid Box ( signed by Magistrate Cheryl L. Pollak, on 7/16/02) (Jackson, Ramona) (Entered: 07/25/2002)

RECAP
77 July 25, 2002

LETTER dated 7/16/02 from Michael Hueston to Mag Pollak regarding memo. in opposition to deft's motion for reconsideration. (Jackson, Ramona) (Entered: 07/25/2002)

RECAP
78 July 26, 2002

ORDER, set telephone conference for 3:00 7/23/02 before Magistrate Cheryl L. Pollak, On ltr. dtd. 7/18/02 from Michael Hueston terminated past due deadlines ( signed by Magistrate Cheryl L. Pollak, ) (Jackson, Ramona) (Entered: 07/26/2002)

RECAP
79 July 26, 2002

ORDER In light of deft's receipt of Pltff's papers, pltff.s need not re serve them. On ltr. dtd. 7/16/02 from Michael Hueston. ( signed by Magistrate Cheryl L. Pollak, on 7/16/02) (Jackson, Ramona) (Entered: 07/26/2002)

RECAP
85 Aug. 2, 2002

Calendar entry:Before Mag Pollak Telephone Conf. Pl. to serve defs. with class cert. and prel. inj. motion. Conf. 9/6/02 @ 12:30. to discuss. Whether defs. need discovery to respond. (Jackson, Ramona) (Entered: 08/07/2002)

RECAP
89 Aug. 3, 2002

Calendar entry: Before Magistrate Pollak on 8/30/02 for a telephone conference. Discovery dispute resolved. Deft to produce names of officers & records in Espeland when received from precinct. Deft to supplement interrog responses in Joseph & Philizaire with a list of the officers involved. (Gonzalez, Mary) (Entered: 09/03/2002)

RECAP
82 Aug. 6, 2002

LETTER dated 7/19/02 from Robert Marinelli to Mag Pollak response to municipal deft's letter dtd. 7/18/02. (Jackson, Ramona) (Entered: 08/06/2002)

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83 Aug. 6, 2002

REPLY MEMORANDUM OF LAW by City of New York in further support [28-1] motion to disqualify the law firm of Cardinale, Hueston & Marinelli from representing of plaintiff. (Jackson, Ramona) (Entered: 08/06/2002)

RECAP
84 Aug. 6, 2002

AFFIDAVIT of ALONZO DAVIS City of New York (Jackson, Ramona) (Entered: 08/06/2002)

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87 Aug. 26, 2002

Calendar entry:Before Mag Pollak Telephone Conf. Pls. to produce additional releases. Defs. to produce CCRB printouts & IAB and disciplinary computer printouts for named defts. in individual actions & 5 captains in class action. Deft. to produce documents-8/27/02. Parties to notify court if settlement conf. requested. (Jackson, Ramona) (Entered: 08/27/2002)

RECAP
86 Aug. 27, 2002

ORDER, set scheduling conference for 11:00 8/26/02 before Magistrate Cheryl L. Pollak, On ltr. dtd. 8/16/02 from Michael Hueston terminated past due deadlines ( signed by Magistrate Cheryl L. Pollak, ) (Jackson, Ramona) (Entered: 08/27/2002)

RECAP
88 Aug. 29, 2002

ORDER Deft's are ordered to submit a letter by 8/30/02 explaining under what authorites the names of the officers involved in these incidents are being withheld. On ltr. dtd. 8/27/02 from Richard J Cardinale ( signed by Magistrate Cheryl L. Pollak, on 8/28/02) (Jackson, Ramona) (Entered: 08/29/2002)

RECAP
97 Sept. 6, 2002

Calendar entry:,Before Mag Pollak Civil Conf. Oral argument in disqualification motion set scheduling conference for 3:00 9/20/02 before Magistrate Cheryl L. Pollak, terminated past due deadlines (Jackson, Ramona) (Entered: 09/10/2002)

RECAP
90 Sept. 9, 2002

LETTER dated 8/29/02 from Ingrid Box to Mag Pollak write pursuant to court's order dtd. 8/28/02 directing deft's to explain under what authority the names of the officer's involved are being withheld. (Jackson, Ramona) (Entered: 09/09/2002)

RECAP
91 Sept. 9, 2002

LETTER dated 8/.29/02 from Richard J.Cardinale to Mag Pollak reply to defense counsel's letter dtd. 8/29/02. Ms. Box's letter is full of misrepresentations. (Jackson, Ramona) (Entered: 09/09/2002)

RECAP
92 Sept. 10, 2002

MOTION by Michael Spinner for class certification and a preliminary injunction, Motion hearing [92-1] motion Motion file stamped: 9/9/02 and mailed/served: 9/3/02 (Jackson, Ramona) (Entered: 09/10/2002)

RECAP
93 Sept. 10, 2002

AFFIDAVIT of ROBERT N. ISSEKS Michael Spinner et al Re:in support [92-1] motion for class certification and a preliminary injunction (Jackson, Ramona) (Entered: 09/10/2002)

RECAP
94 Sept. 10, 2002

MEMORANDUM by Michael Spinner et al in support of [92-1] motion for class certification and a preliminary injunction (Jackson, Ramona) (Entered: 09/10/2002)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: May 2, 2001

Closing Date: June 4, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who since 1998 were charged with misdemeanors in Kings County, were detained in Brooklyn Central Booking and were subject to strip searching without reasonable suspicion and/or in the presence of onlookers of the opposite sex.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Booklyn Central Booking Center

City of New York

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Eastern District of New York 1:01-cv-02715

Eastern District of New York 1:02-cv-01039

Eastern District of New York 1:01-cv-08264

Eastern District of New York 1:02-cv-02899

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

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Sanitation / living conditions

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation