Case: Todd v. Solano County

2:07-cv-00726 | U.S. District Court for the Eastern District of California

Filed Date: April 16, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 16, 2007, Plaintiff, represented by private attorney Mark E. Merin, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Eastern District of California in order to challenge the Sheriff's policies and practices concerning the use of strip and visual body cavity searches in Solano County Jail. Plaintiff, who was arrested on minor criminal charges, complained that he was subsequently strip searched in a group with ten other persons pursuant to a policy under …

On April 16, 2007, Plaintiff, represented by private attorney Mark E. Merin, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Eastern District of California in order to challenge the Sheriff's policies and practices concerning the use of strip and visual body cavity searches in Solano County Jail. Plaintiff, who was arrested on minor criminal charges, complained that he was subsequently strip searched in a group with ten other persons pursuant to a policy under which officers routinely subjected custodial detainees to strip and visual body cavity searches prior to arraignment and in the absence of any reasonable suspicion that the detainees possessed contraband or weapons.

Plaintiff claimed that such a policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution as well as California state law. To remedy the alleged violations, Plaintiff sought declaratory and injunctive relief, monetary damages, and class certification.

On July 29, 2008, Plaintiffs filed their First Amended Complaint to add four new plaintiffs. The hearing and motions regarding class certification were then repeatedly pushed back as the parties continued discovery and settlement negotiations.

On September 25, 2009, the parties presented their settlement to the court. The settlement was approved 4 days later. Parties agreed that class certification was inappropriate because defendants had revised their policy on November 20, 2003 and again in 2007 to comply with federal law. To remedy the individual violations that had occurred in spite of the policy revisions, the defendants agreed to pay $12,500 to each plaintiff, $100,000 in attorney fees, and $750-$1000 to each person who contacted plaintiff's attorney alleging that they fell within the allegations in the complaint. The defendants paid a total of $210,000, and on September 29, 2009, the case was dismissed with prejudice.

Summary Authors

Timothy Shoffner (6/17/2012)

Maurice Youkanna (7/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5777568/parties/todd-v-solano/


Judge(s)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Judge(s)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 29, 2009 Docket
1

Class Action Complaint

April 16, 2007 Complaint
18

Order [Granting Defendants' Motion to Compel]

2008 WL 283988

Feb. 1, 2008 Order/Opinion
25

FIRST AMENDED CLASS ACTION COMPLAINT, DEMAND FOR JURY TRIAL

Todd v. County of Solano

July 29, 2008 Complaint
37-1

JOINT MOTION FOR ORDER APPROVING STIPULATION OF SETTLEMENT AND DISMISSAL OF COMPLAINT

Todd v. County of Solano

Sept. 24, 2009 Pleading / Motion / Brief
38

ORDER GRANTING SETTLEMENT AND DISMISSAL OF ACTION

Todd v. County of Solano

Sept. 28, 2009 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5777568/todd-v-solano/

Last updated May 20, 2022, 1:06 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT against all defendants by Michael Todd; Demand for Jury Trial. Attorney Merin, Mark E. added.(Merin, Mark) (Carlos, K). (Entered: 04/16/2007)

April 16, 2007
18

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/1/08 GRANTING 10 MOTION to COMPEL. The DOJ shall produce the documents responsive to defendants 10/17/07 subpoena duces tecum within ten days.(Dillon, M)

Feb. 1, 2008 RECAP
2

CIVIL COVER SHEET by Michael Todd (Merin, Mark) (Entered: 04/16/2007)

April 16, 2007
24

STIPULATION and ORDER 22 signed by Judge Frank C. Damrell, Jr on 7/29/08 ORDERING that Plaintiffs' may file their First Amended Complaint. Defendants must file a response to the First Amended Complaint within 20 days of it being electronically filed and served. (Krueger, M)

July 29, 2008 RECAP
30

STIPULATION and ORDER 29 to re-set hearing signed by Judge Frank C. Damrell, Jr. on 3/11/2009. Motion for Class Certification Hearing is CONTINUED to 7/24/2009 at 10:00 AM in Courtroom 2 (FCD). Plaintiffs' Motion shall be filed no later than 5/11/2009; defendants' Opposition shall be filed no later than 6/4/2009; and plaintiffs' Reply shall be filed no later than 6/29/2009. (Marciel, M)

March 12, 2009 RECAP

RECEIPT number 12964 for $350.00 for New Case Filing Fee from Mark E. Merin. (Manzer, C) (Entered: 04/17/2007)

April 17, 2007
4

SUMMONS ISSUED as to *County Of Solano, Gary R Stanton* with answer to complaint due within *20* days. Attorney *Mark E. Merin* *2001 P Street* *Suite 100* *Sacramento, Ca 95814*. (Manzer, C) (Entered: 04/17/2007)

April 17, 2007
32

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 3/31/09 ORDERING the Plaintiffs' Motion for class certification shall be filed no later than 6/4/09; Defendants' Opposition shall be filed no later than 6/25/09; and Plaintiffs' Reply shall be filed no later than 7/9/09. (Becknal, R)

April 1, 2009 RECAP
34

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 6/4/09 ORDERING that the hearing on Plaintiff's MOTION for Class Certification is RESET to 9/18/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Plaintiffs' ; MOTION shall be e-filed and e-served no later than 7/30/09 (before 5:00 p.m.); Defendants' opposition (if any) shall be e-filed and e- served no later than 8/19/09 (before 5:00 p.m.); and Plaintiffs' reply (if any) shall be e-filed and e- served no later than 9/03/09 (before 5:00 p.m.). The post-Certification of Discovery deadline is CONTINUED to 11/30/2009. The Post-Certification Expert Witnesses Disclosures deadline is CONTINUED to 12/11/2009. The last day for Post-Certification expert discovery is to be completed by 1/29/2010. The Final Pretrial Conference, presently set for 4/9/10 is CONTINUED to 5/7/10 at 1:30 P.M. (Mena-Sanchez, L)

June 4, 2009 RECAP
5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Manzer, C) (Entered: 04/17/2007)

April 17, 2007
6

SUMMONS RETURNED EXECUTED by Michael Todd. County Of Solano served on 4/18/2007, answer due 5/8/2007; Gary R Stanton served on 4/18/2007, answer due 5/8/2007. (Merin, Mark) (Entered: 04/20/2007)

April 20, 2007
36

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Frank C. Damrell, Jr. on 9/4/09 ORDERING that pursuant to the representation of the parties, in the above action, the court has determined that this case has settled. In accordance with the provis ions of Local Rule 16-160, dispositional documents are to be filed on or before October 9, 2009. All dates/hearings set in this matter, to include any pending motions, are hereby VACATED. FAILURE TO COMPLY WITH THIS ORDER MAY BE GROUNDS FOR THE IMPOSITION OF SANCTIONS ON ANY AND ALL COUNSEL AS WELL AS ANY PARTY OR PARTIES WHO CAUSE NON-COMPLIANCE WITH THIS ORDER. (Becknal, R)

Sept. 4, 2009 RECAP
38

ORDER signed by Judge Frank C. Damrell, Jr on 9/28/09 ORDERING the settlement is APPROVED; complaint is DISMISSED; and the claims of pltfs are DISMISSED WITHOUT PREJUDICE. CASE CLOSED. (Carlos, K)

Sept. 29, 2009 RECAP
8

ANSWER to COMPLAINT with Jury Demand by County Of Solano, Gary R Stanton.(Cassidy, Terence) Modified on 5/31/2007 (Engbretson, K.). (Entered: 05/29/2007)

May 29, 2007
9

NOTICE by County Of Solano, Gary R Stanton. of Change of Firm Name (Cassidy, Terence) (Entered: 06/12/2007)

June 12, 2007
10

MOTION to COMPEL DOJ's Response to Subpoena Duces Tecum by County Of Solano, Gary R Stanton. Attorney Robertson, Stephen W. added.Motion Hearing set for 1/23/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Robertson, Stephen) (Entered: 01/02/2008)

Jan. 2, 2008
11

MEMORANDUM of POINTS and AUTHORITIES in Support of 10 Motion to Compel by County Of Solano, Gary R Stanton. (Robertson, Stephen) Modified on 1/3/2008 (Engbretson, K.). (Entered: 01/02/2008)

Jan. 2, 2008
12

DECLARATION of Stephen W. Robertson in Support of 10 Motion to Compel by County Of Solano, Gary R Stanton. (Robertson, Stephen) Modified on 1/3/2008 (Engbretson, K.). (Entered: 01/02/2008)

Jan. 2, 2008
13

CERTIFICATE of SERVICE by County Of Solano, Gary R Stanton re 12 DECLARATION, 11 MEMORANDUM, 10 MOTION to COMPEL DOJ's Response to Subpoena Duces Tecum . (Robertson, Stephen) (Entered: 01/03/2008)

Jan. 3, 2008
14

MINUTE ORDER by CRD:The 01/23/08 hearing on defendants' motion to compel 10 third party California Department of Justice's compliance with a subpoena duces tecum pursuant to Fed. R. Civ. P. 45(c)(2)(B)(i) is continued to 1/30/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. The California Department of Justice shall file an opposition, if any, to the motion by January 16, 2008, and defendants shall file a reply thereto, if any, by January 23, 2008. The Clerk is directed to serve this order on the Custodian of Records of the California Department of Justice at 4949 Broadway, Sacramento, California 95820. (Text Only Entry) (Cannarozzi, N) (Entered: 01/08/2008)

Jan. 8, 2008

SERVICE BY MAIL: 14 Minute Order served on the Custodian of Records of the California Department of Justice at 4949 Broadway, Sacramento, California 95820.(Cannarozzi, N) (Entered: 01/08/2008)

Jan. 8, 2008
15

MEMORANDUM/RESPONSE in OPPOSITION re 10 MOTION to COMPEL DOJ's Response to Subpoena Duces Tecum and DECLARATION OF ASHANTE L. NORTON Attorney Norton, Ashante Latrice added. (Norton, Ashante) Modified on 1/17/2008 (Dillon, M). (Entered: 01/16/2008)

Jan. 16, 2008
16

REPLY to RESPONSE to MOTION re 10 Motion to Compel Response to Subpoena Duces Tecum. (Robertson, Stephen) Modified on 1/24/2008 (Matson, R). (Entered: 01/23/2008)

Jan. 23, 2008
17

MINUTES (Text Only) for MOTION HEARING held on 1/30/2008 before Magistrate Judge Edmund F. Brennan re Deft's Motion to Compel DOJ's Response to Subpoena Duces Tecum 10 .All parites present. After consideration, the Court granted Deft's Motion for the reasons as stated on the record. Court order to follow. Defendants Counsel Stephen Robertson present.DOJ Counsel Ashante Norton, DAG present. Court Reporter/CD Number: ECRO, CD 1 of 1. (Cannarozzi, N) (Entered: 01/30/2008)

Jan. 30, 2008
19

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell, Jr on 3/7/08. A joint status report shall be filed no later than 4/7/2008. The parties are reminded that failure to file a joint status report, in a timely manner, may result in the imposition of sanctions. (Price, M) (Entered: 03/07/2008)

March 7, 2008
21

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr on 4/16/08. Discovery pre−certification shall be completed by 8/11/08. And Discovery post−certification shall be completed by 6/19/09. Disclosure of Expert Witness: Pre−certification expert disclosure is due 9/08/08. Rebuttals expert disclosures are due by 09/26/08. All pre−certification expert discovery shall be completed by 10/24/08. Motion hearing schedule: Plaintiffs Motion for Class Certification shall be filed by 12/12/08; Defendants opposition shall be filed by 01/09/09. Plaintiffs reply shall be filed by 01/3009. The hearing on the Motion shall be heard on 2/10/09 at 10:00 a.m. The Final Pretrial Conference is set for 1/15/2010 at 01:30 PM. The Jury Trial is set for 3/23/2010 at 09:00 AM. (Mena−Sanchez, L) (Entered: 04/17/2008)

April 17, 2008
22

STIPULATION and PROPOSED ORDER Permitting Plaintiffs to File First Amended Complaint by Michael Todd. (Attachments: # 1 Exhibit A)(Merin, Mark) (Entered: 07/28/2008)

July 28, 2008
23

STIPULATION and PROPOSED ORDER Extending Pre−Certification Discovery Deadline by Michael Todd. (Merin, Mark) (Entered: 07/28/2008)

July 28, 2008
25

First AMENDED COMPLAINT against all defendants by Jamesy K. Davis, DeAngela Harris, Carmen Harris Robinson, Bradley Allen Wolfe, Michael Todd. Attorney Merin, Mark E. added.(Merin, Mark) (Entered: 07/29/2008)

July 29, 2008
26

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr on 7/31/08: After reviewing the parties Stipulation to amended the pre−certification discovery deadline the Court EXTENDS all deadlines as follows: Discovery Pre−Certification shall be completed by 10/24/08, and all Discovery Post−Certification shall be completed by 9/25/09. Experts Disclosures Pre−Certification are due 11/21/08, with Rebuttals due by 12/12/08 and all Pre−Certification Expert Discovery shall be completed by 1/12/09. Post−Certification Expert Disclosures due by 10/9/09, with Rebuttals due by 10/29/09, and Post−Certification Expert Discovery shall be completed by 11/30/09. Pltf's Motion for Class Certification shall be filed by 3/13/09, with Opposition due by 4/10/09, Reply due 5/1/09, and the Hearing on the Motion shall be 5/29/09 at 10:00 AM. Post−Certification Dispositive Motions shall be heard by 1/29/2010. Final Pretrial Conference set for 4/9/2010 at 1:30 PM, and Jury Trial set for 6/15/2010 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Krueger, M) (Entered: 07/31/2008)

July 31, 2008
27

ANSWER to AMENDED COMPLAINT and Demand for Jury Trial by County of Solano, Gary R Stanton.(Cassidy, Terence) (Entered: 08/18/2008)

Aug. 18, 2008
28

NOTICE of Unavailability of Counsel by County Of Solano, Gary R Stanton. (Cassidy, Terence) (Entered: 01/15/2009)

Jan. 15, 2009
29

STIPULATION and PROPOSED ORDER to re−set hearing on plaintiffs' Motion for Class Certification. (Merin, Mark) Modified on 3/12/2009 (Marciel, M). (Entered: 03/11/2009)

March 11, 2009
31

STIPULATION and PROPOSED ORDER to re−set Briefing Schedule regarding plaintiffs' Motion for Class Certification. (Cassidy, Terence) Modified on 4/2/2009 (Marciel, M). (Entered: 03/31/2009)

March 31, 2009
33

STIPULATION and PROPOSED ORDER for Request to Reset Hearing on Plaintiffs' Motion for Class Certification; Continue Post−Certification Cut−Off Dates; Continue Final Pre−Trial Conference; [Proposed] Order by Michael Todd, Jamesy K. Davis, DeAngela Harris, Carmen Harris Robinson, Bradley Allen Wolfe. (Merin, Mark) (Entered: 06/03/2009)

June 3, 2009
35

NOTICE of SETTLEMENT ; Request for 30 days to file settlement documents by Michael Todd, County Of Solano, Gary R Stanton, Jamesy K. Davis, DeAngela Harris, Carmen Harris Robinson, Bradley Allen Wolfe. Attorney Merin, Mark E. added. Dismissal due within 20 days pursuant to LR 16−160. (Merin, Mark) (Entered: 09/03/2009)

Sept. 3, 2009
37

JOINT MOTION for Order Approving Stipulation of Settlement and Dismissal of Complaint by Michael Todd, County Of Solano, Gary R Stanton, Jamesy K. Davis, DeAngela Harris, Carmen Harris Robinson, Bradley Allen Wolfe. (Attachments: # 1 Points and Authorities, # 2 Declaration of Mark E. Merin, # 3 Exhibit A # 4 Proposed Order, # 5 Exhibit A to Proposed Order)(Merin, Mark) Modified on 9/28/2009 (Duong, D). (Entered: 09/25/2009)

Sept. 25, 2009

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 16, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

CA residents arrested from 04/16/2005 through 04/16/2007 who were subjected to strip / cavity searches at the Solano County Jail prior to being arraigned and without reasonable suspicion.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Solano County (Solano), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $210,000

Issues

General:

Disciplinary procedures

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run