Case: Taggart v. Solano County

2:05-cv-00783 | U.S. District Court for the Eastern District of California

Filed Date: 2005

Case Ongoing

Clearinghouse coding in progress

Case Summary

People


Judge(s)

Beistline, Ralph R. (Alaska)

Hollows, Gregory G. (California)

Levi, David F. (California)

Attorney for Plaintiff

Merin, Mark E. (California)

Attorney for Defendant

Cassidy, Terence J (California)

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Documents in the Clearinghouse

Document

2:05-cv-00783

Docket (PACER)

Taggart v. Solano County

June 13, 2007

June 13, 2007

Docket

2:05-cv-00783

Class Action Complaint

April 21, 2005

April 21, 2005

Complaint

2:05-cv-00783

Memorandum of Opinion and Order [Regarding Defendants' Motion for Judgment]

March 20, 2006

March 20, 2006

Order/Opinion

2006 WL 737017

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT class action against all defendants, filed by Jasmine Taggart. (Attachments: # 1 Exhibit Exhibit 1 to Class Action Complaint)(Merin, Mark) Modified on 4/22/2005 (Reader, L). (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

2

NOTICE of Civil Cover Sheet by Jasmine Taggart re 1 Complaint filed by Jasmine Taggart, Civil Case Cover Sheet . (Merin, Mark) Modified on 4/22/2005 (Reader, L). (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

3

PETITION to APPOINT Guardian Ad Litem ad Litem and [Proposed] Order by Jasmine Taggart. (Merin, Mark) Modified on 4/25/2005 (Krueger, M). (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

RECEIPT number 2048776 for $250.00 for civil case filing fee from Mark E Merin. (Marcotte, D) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

4

SUMMONS ISSUED as to *Solano County, Solano County Chief Probation Officer Gemma Grossi, Solano County Juvenile Hall Superintendent Gladys Moore* with answer to complaint due within *20* days. Attorney *Mark E Merin* *Law Office of Mark E Merin* *2001 P Street, Suite 100* *Sacramento CA 95814*. (Marcotte, D) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Marcotte, D) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

6

ORDER signed by Judge David F. Levi on 4/22/05 ORDERING that the petition to appoint Barbara Perry as guardian ad litem for plaintiff 3 GRANTED. (Krueger, M) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

7

MOTION to DISMISS Pursuant to F.R.Civ.P. 2(b)(6); Memorandum of P's & A's by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 7/13/2005 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Attachments: # 1 Notice of Motion# 2 Req for Judicial Notice# 3 Exhibit A to Def's Req for Judicial Notice)(Cassidy, Terence) Modified on 6/8/2005 (Marciel, M). (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

8

AMENDED NOTICE (first) of Motion to Dismiss by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 8/24/2005 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Cassidy, Terence) Modified on 6/17/2005 (Reader, L). (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

10

SUMMONS RETURNED EXECUTED Solano County Counsel,Genna Grossi,Gladys Moore . (Servantes, G) Modified on 7/7/2005 (Servantes, G). (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

9

SUMMONS RETURNED EXECUTED by Jasmine Taggart. Solano County served on 5/18/2005, answer due 6/7/2005; Gemma Grossi served on 5/18/2005, answer due 6/7/2005; Gladys Moore served on 5/18/2005, answer due 6/7/2005. (Merin, Mark) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

11

OPPOSITION re 7 MOTION to DISMISS Pursuant to F.R.Civ.P. 2(b)(6); Memorandum of P's & A's . (Attachments: # 1 Declaration of Jeffrey I. Schwarzschild# 2 Exhibit 1 & 2 to Declaration of Jeffrey I. Schwarzschild)(Schwarzschild, Jeffrey) Modified on 8/5/2005 (Reader, L). (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

12

REQUEST for JUDICIAL NOTICE by Jasmine Taggart in re 11 Memorandum/Response in Opposition to Motion,. (Attachments: # 1 Exhibit A through I)(Schwarzschild, Jeffrey) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

13

REPLY to pltf's opposition to Defendants' Motion to Dismiss . (Cassidy, Terence) Modified on 8/19/2005 (Reader, L). (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

MINUTE ORDER: Based on a review of the briefs, the court anticipates granting the motion to dismiss for the following state law claims: (1) all claims against Solano County because they are time barred under Cal. Govt Code Sec 946.6(f) and Solano County is immune under Cal. Govt Code Sec 844.6; (2) the Cal. Civ. Code Sec 52.1 claim for damages against Solano County Chief Probation Officer Gemma Grossi ("Grossi"), Solano County Juvenile Hall Superintendent Gladys Moore ("Moore"), and the unnamed dfts 1 through 10 because they are immune under Cal. Govt Code Sec 820.2; and (3) the class claim under Sec 52.1 because Cal. Civil Code Sed 52.1(b) does not authorize representative actions. The court anticipates denying the motion to dismiss for the following state law claims: (1) the claims for declaratory and injunctive relief under Cal. Civ. Code Sec 52.1 against Grossi, Moore, and the unnamed dfts because the claimed immunities do not reach these forms of relief; and (2) the Cal. Penal Code Sec 4030 claim against Grossi, Moore, and unnamed dfts because that section evidences the legislature's intent to withdraw applicable immunities. The court will order the matter submitted on the briefs unless a party shows good cause for hearing oral argument on the motion. Good cause must be shown before 4:00 PM today, 8/22/2005, by contacting Harry Vine at (916) 930-4091 and by electronic filing as required by local rule. (Vine, H) Modified on 8/30/2005 (Reader, L). (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

14

NOTICE by Jasmine Taggart of Plaintiff's Request for Hearing on Defendants' Motion to Dismiss (Schwarzschild, Jeffrey) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

15

AFFIDAVIT re 14 Notice (Other) Affidavit of Mark E. Merin, Attorney for Plaintiff Taggart, in Support of Good Cause for Hearing Oral Argument on Defendants' Motion to Dismiss by Jasmine Taggart. (Merin, Mark) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

MINUTE ORDER: Argument on the pending motion to dismiss shall remain calendared for hearing on August 24, 2005 at 10:00 a.m. (TEXT ONLY) (Vine, H) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

MINUTES for proceedings held before Judge David F. Levi, Chief Judge: MOTION HEARING held on 8/24/2005 re 7 MOTION to DISMISS; arguments were heard and the matter was ordered submitted. Plaintiffs Counsel M. Merin; J. Schwarzschild present. Defendants Counsel K. Nourot present. Court Reporter: K. Watkins. (Vine, H) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

17

MEMORANDUM OF OPINION AND ORDER dfts' motion to dismiss Taggart's state law claims for damages and her class claim under Section 52.1 is GRANTED; and dfts' motion to dismiss the state law claims for declaratory and injunctive relief is DENIED 7,8 signed by Judge David F. Levi on 12/6/2005. (Reader, L) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

18

ANSWER to COMPLAINT with Jury Demand by Solano County, Gemma Grossi, Gladys Moore. (Attachments: # 1 Demand for Jury Trial)(Cassidy, Terence) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

19

MINUTE ORDER requiring joint status report. (Due 2/3/06) (Vine, H) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

20

MOTION for JUDGMENT on the Pleadings and/or Summary Adjudication by Solano County, Gemma Grossi, Gladys Moore. Motion Hearing set for 3/1/2006 at 10:00 AM in Courtroom 7 (DFL) before Chief Judge David F. Levi. (Attachments: # 1 Points and Authorities # 2 Req for Jud Notice# 3 Stmt of UMF's)(Cassidy, Terence) Modified on 10/26/2006 (Reader, L). (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

21

JOINT STATUS REPORT by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

MINUTE ORDER: GOOD CAUSE APPEARING it is ordered that the parties shall submit an updated joint status report within 15 days of the court's ruling on the pending motions now scheduled for March 1, 2006. (TEXT ONLY) (Vine, H) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

22

MEMORANDUM/RESPONSE in OPPOSITION re 20 Motion for Judgment/ Summary Adjudication. (Attachments: # 1 Exhibit 1# 2 Affidavit A# 3 Appendix B# 4 Appendix C)(Merin, Mark) Modified on 2/16/2006 (Donati, J). (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

23

DECLARATION of Mark E. Merin in Support of 20 Motion for Judgment/Summary Adjudication. (Merin, Mark) Modified on 2/16/2006 (Donati, J). (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

24

CERTIFICATE of SERVICE by Jasmine Taggart re 22 Memorandum/Response in Opposition to Motion, 23 and Declaration of Mark E. Merin (Merin, Mark) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

25

REPLY to Plaintiff's Opposition to Motion for Judgment on the Pleadings and/or Summary Adjudication . (Cassidy, Terence) Modified on 2/24/2006 (Reader, L). (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

26

REQUEST for JUDICIAL NOTICE by Solano County, Gemma Grossi, Gladys Moore in re 25 Reply to Response to Motion IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO MTN FOR JUDGMENT ON THE PLEADINGS/SA . (Cassidy, Terence) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

MINUTES for proceedings held before Judge David F. Levi: MOTION HEARING held on 3/2/2006 re 20 MOTION for JUDGMENT filed by Solano County, Gladys Moore, Gemma Grossi. Arguments were heard and the matter was ordered submitted for decision. Plaintiffs Counsel M. Merin present. Defendants Counsel T. Cassidy present. Court Reporter: D. McKinnon. (Vine, H) Modified on 10/26/2006 (Reader, L). (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

27

MEMORANDUM of OPINION and ORDER signed by Judge David F. Levi on 3/17/06 DENYING 20 Motion for Judgment. (Donati, J) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

28

JOINT STATUS REPORT by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

29

STIPULATION and PROPOSED ORDER to Extend the Time for Plaintiffs to File Motion for Class Certification by Jasmine Taggart, Solano County, Gemma Grossi, Gladys Moore. Attorney Merin, Mark E. added. (Merin, Mark) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

30

STIPULATION and ORDER 29 signed by Judge David F. Levi on 9/29/2006 ORDERING That Pltfs shall file their Motion for Class Certification on or before 1/12/2007.(Reader, L) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

31

STIPULATION and PROPOSED ORDER for Protective Order for Disclosure of Juvenile Records by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) Modified on 10/26/2006 (Reader, L). (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

32

STIPULATION and PROTECTIVE ORDER signed by Judge Gregory G. Hollows on 11/14/06 ORDERING the disclosure of Juvenile Records. (See order for Details) (Donati, J) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

33

DESIGNATION of COUNSEL by all plaintiffs. Jeffrey I. Schwarzschild terminated. (Merin, Mark) Modified on 11/16/2006 (Donati, J). (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

34

STIPULATION and PROPOSED ORDER to Extend the Time for Plaintiffs to File Motion for Class Certification by Jasmine Taggart. (Merin, Mark) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

35

STIPULATION and ORDER 34 for extension signed by Judge David F. Levi on 1/17/07. Plaintiffs shall file their Motion for Class Certification on or before 5/11/07.(Marciel, M) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

36

ORDER by Chief Judge David F. Levi; Due to the Order of Designation of Judge Ralph R. Beistline to serve in the Eastern District, this action is REASSIGNED from Judge David F. Levi to Judge Ralph R. Beistline for all further proceedings. (Cayo, A) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

37

NOTICE of Change of Firm Name by Solano County, Gemma Grossi, Gladys Moore. (Cassidy, Terence) Modified on 6/14/2007 (Manzer, C). (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

38

JOINT STATUS REPORT by Jasmine Taggart. (Merin, Mark) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

39

MINUTE ORDER: re 38 Status Report and report of settlement. (Vine, H) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Juveniles who were arrested and subjected to a pre-detention hearing strip and/or visual body cavity search at Solano County’s Juvenile Detention Facility without a reasonable suspicion that the searches would be productive of contraband/weapons.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Solano County

Solano County Juvenile Detention Center

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Other Dockets:

Eastern District of California 2:05-cv-00783

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Issues

General/Misc.:

Juveniles

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)