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


Judge(s)

Pollak, Cheryl L. (New York)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Cardinale, Richard J. (New York)

Flamm, Matthew S. (New York)

Isseks, Robert Nathan (New York)

Attorneys(s) for Defendant

Box, Ingrid Ursula (New York)

Scheiner, Alan H. (New York)

Judge(s)

Pollak, Cheryl L. (New York)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Cardinale, Richard J. (New York)

Flamm, Matthew S. (New York)

Isseks, Robert Nathan (New York)

Attorneys(s) for Defendant

Box, Ingrid Ursula (New York)

Scheiner, Alan H. (New York)

Documents in the Clearinghouse

Document

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

Resources

Docket

Last updated Aug. 11, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 2, 2001

May 2, 2001

CASE REFERRED to Magistrate Cheryl L. Pollak (Villanueva, William) (Entered: 05/03/2001)

May 2, 2001

May 2, 2001

2

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)

May 23, 2001

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) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

3

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)

May 24, 2001

May 24, 2001

4

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)

June 5, 2001

June 5, 2001

5

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)

June 5, 2001

June 5, 2001

6

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)

June 5, 2001

June 5, 2001

7

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)

June 7, 2001

June 7, 2001

8

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)

June 7, 2001

June 7, 2001

9

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)

June 7, 2001

June 7, 2001

10

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)

June 11, 2001

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) (Entered: 06/13/2001)

June 11, 2001

June 11, 2001

11

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)

June 11, 2001

June 11, 2001

12

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)

July 2, 2001

July 2, 2001

13

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

July 2, 2001

July 2, 2001

14

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)

July 3, 2001

July 3, 2001

15

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)

July 3, 2001

July 3, 2001

16

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)

July 24, 2001

July 24, 2001

17

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)

Aug. 1, 2001

Aug. 1, 2001

18

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)

Aug. 9, 2001

Aug. 9, 2001

19

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)

Nov. 5, 2001

Nov. 5, 2001

20

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)

Nov. 8, 2001

Nov. 8, 2001

21

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

Dec. 14, 2001

Dec. 14, 2001

22

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)

Dec. 17, 2001

Dec. 17, 2001

LETTER dated 12/11/01 from Ingrid U Box to Michael Hueston response to letter dtd. 12/7/01. (Jackson, Ramona) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

23

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)

Jan. 24, 2002

Jan. 24, 2002

25

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)

Jan. 25, 2002

Jan. 25, 2002

24

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)

Jan. 29, 2002

Jan. 29, 2002

26

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)

Jan. 31, 2002

Jan. 31, 2002

27

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

Feb. 6, 2002

Feb. 6, 2002

28

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)

Feb. 11, 2002

Feb. 11, 2002

29

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)

Feb. 12, 2002

Feb. 12, 2002

30

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)

Feb. 12, 2002

Feb. 12, 2002

31

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)

Feb. 12, 2002

Feb. 12, 2002

32

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)

Feb. 12, 2002

Feb. 12, 2002

33

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)

Feb. 12, 2002

Feb. 12, 2002

34

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

Feb. 12, 2002

Feb. 12, 2002

35

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

Feb. 13, 2002

Feb. 13, 2002

36

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)

Feb. 26, 2002

Feb. 26, 2002

37

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)

Feb. 26, 2002

Feb. 26, 2002

38

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)

Feb. 26, 2002

Feb. 26, 2002

39

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)

Feb. 26, 2002

Feb. 26, 2002

40

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)

Feb. 26, 2002

Feb. 26, 2002

41

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)

Feb. 26, 2002

Feb. 26, 2002

47

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)

Feb. 28, 2002

Feb. 28, 2002

42

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)

March 8, 2002

March 8, 2002

43

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)

March 8, 2002

March 8, 2002

44

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)

March 8, 2002

March 8, 2002

45

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)

March 8, 2002

March 8, 2002

46

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)

March 14, 2002

March 14, 2002

48

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)

March 22, 2002

March 22, 2002

49

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)

April 1, 2002

April 1, 2002

50

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)

April 12, 2002

April 12, 2002

51

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

April 24, 2002

April 24, 2002

52

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

May 8, 2002

May 8, 2002

53

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)

May 22, 2002

May 22, 2002

54

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)

May 31, 2002

May 31, 2002

55

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)

May 31, 2002

May 31, 2002

56

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)

May 31, 2002

May 31, 2002

57

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)

May 31, 2002

May 31, 2002

58

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)

June 4, 2002

June 4, 2002

59

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)

June 7, 2002

June 7, 2002

65

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)

June 10, 2002

June 10, 2002

60

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)

June 11, 2002

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) (Entered: 06/13/2002)

June 11, 2002

June 11, 2002

61

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)

June 14, 2002

June 14, 2002

62

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)

June 14, 2002

June 14, 2002

63

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)

June 14, 2002

June 14, 2002

64

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

June 14, 2002

June 14, 2002

66

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)

June 21, 2002

June 21, 2002

67

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

June 21, 2002

June 21, 2002

68

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)

June 21, 2002

June 21, 2002

69

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)

June 26, 2002

June 26, 2002

71

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)

June 28, 2002

June 28, 2002

70

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)

July 9, 2002

July 9, 2002

76

Calendar entry:,Before Mag Pollak Telephone Conf. Defs. objections to the court's RR are withdrawn pending motion to reconsider based on discovery of file. Pls. responsive papers to motion for reconsider due 7/10/02. Defs. reply/response due 7/26/02. set scheduling conference for 12:30 9/6/02 before Magistrate Cheryl L. Pollak , terminated past due deadlines (Jackson, Ramona) (Entered: 07/12/2002)

July 10, 2002

July 10, 2002

72

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)

July 11, 2002

July 11, 2002

73

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)

July 11, 2002

July 11, 2002

74

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

July 11, 2002

July 11, 2002

75

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

July 11, 2002

July 11, 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) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

81

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)

July 23, 2002

July 23, 2002

76

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)

July 25, 2002

July 25, 2002

77

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)

July 25, 2002

July 25, 2002

78

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)

July 26, 2002

July 26, 2002

85

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)

Aug. 2, 2002

Aug. 2, 2002

89

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)

Aug. 3, 2002

Aug. 3, 2002

82

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)

Aug. 6, 2002

Aug. 6, 2002

83

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)

Aug. 6, 2002

Aug. 6, 2002

84

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

Aug. 6, 2002

Aug. 6, 2002

87

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)

Aug. 26, 2002

Aug. 26, 2002

86

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)

Aug. 27, 2002

Aug. 27, 2002

88

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)

Aug. 29, 2002

Aug. 29, 2002

97

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)

Sept. 6, 2002

Sept. 6, 2002

90

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)

Sept. 9, 2002

Sept. 9, 2002

91

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)

Sept. 9, 2002

Sept. 9, 2002

92

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)

Sept. 10, 2002

Sept. 10, 2002

93

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)

Sept. 10, 2002

Sept. 10, 2002

95

AFFIDAVIT of MICHAEL HUESTON Michael Spinner Re:in support [92-1] motion for class certification and a preliminary injunction (Jackson, Ramona) (Entered: 09/10/2002)

Sept. 10, 2002

Sept. 10, 2002

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

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 of New York (New York), City

Booklyn Central Booking Center (Brooklyn ), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

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

Content of Injunction:

Preliminary relief denied

Issues

General:

Sanitation / living conditions

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run