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Case: McBean v. City of New York

1:02-cv-05426 | U.S. District Court for the Southern District of New York

Filed Date: July 15, 2002

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 15, 2002, inmates of New York City jails filed a class action lawsuit under 42 U.S.C. § 1983 against the City of New York and jail officials in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Emery Celli, asked the Court in a series of amended complaints for declaratory and injunctive relief, as well as damages, alleging that the defendants had violated their constitutional rights by subjecting them to strip searches in the absence of reaso…

On July 15, 2002, inmates of New York City jails filed a class action lawsuit under 42 U.S.C. § 1983 against the City of New York and jail officials in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Emery Celli, asked the Court in a series of amended complaints for declaratory and injunctive relief, as well as damages, alleging that the defendants had violated their constitutional rights by subjecting them to strip searches in the absence of reasonable suspicion that the plaintiffs were concealing weapons or contraband.

The defendants asked the Court to disqualify one of the plaintiff's attorneys, alleging that he should be removed because he had represented the city in a different case. On June 3, 2003, District Judge Gerard E. Lynch denied the motion. McBean v. City of New York, No. 02-5426, 2003 WL 21277115 (S.D. N.Y. June 3, 2003).

On July 25, 2003, this case, McBean v. City of New York, was consolidated as the lead case with a similar case, Cence v. City of New York, No. 03-4114.

Shortly after the consolidation, the parties entered into settlement negotiations, and attended settlement conferences overseen by Magistrate Judge Theodore H. Katz. Just before agreement was reached, a group of putative plaintiffs, represented by different private counsel than the original plaintiffs, asked the Court to allow them to intervene and create a sub-class of misdemeanor arrestees charged with narcotics or weapons-related offenses. On April 27, 2005, Judge Lynch denied the motion to intervene, finding that the current named plaintiffs were adequate class representatives and that the class definition did not need to be narrowed. McBean v. City of New York, 228 F.R.D. 487 (S.D. N.Y. 2005).

On May 13, 2005, the parties reached a settlement agreement. Under the terms of the agreement, plaintiff class members were eligible to receive $750 if they were subjected to one wrongful strip search and $1000 if they were subjected to two or more wrongful strip searches. The defendants agreed to offer "gynecological services" to female pre-trial detainees until 2008, and they agreed that the female detainees had the right to refuse such services if they were unwanted. The defendants also agreed to pay $500,000.00 in attorneys' fees and costs for class counsel in this litigation, as well as the ongoing administration costs of the settlement.

After notification to potential plaintiff class members, the parties asked the Court for final approval of the settlement agreement. The previously- mentioned would-be plaintiff intervenors objected to the proposed settlement as unfair. On February 7, 2006, Judge Lynch approved the settlement agreement, finding that it was fair and had been properly negotiated. It called for a total payout to the class of approximately $2.8 million and payment of $500,000 in plaintiffs' attorneys' fees. McBean v. City of New York, 233 F.R.D. 377 (S.D. N.Y. 2006).

In 2007, the same private attorneys who had unsuccessfully sought to intervene in the case earlier and now represented a different group of plaintiff-intervenors, assertedly as a putative class (those subjected to improper strip searches after settlement had been reached with the original plaintiffs) asked the District Court to allow these new plaintiffs to intervene in the lawsuit. The defendants asked the Court to dismiss their motion as untimely. The proposed intervenors responded that they did not learn that there was an ongoing lawsuit concerning strip searches until November 2006. On February 13, 2007, the District Court (Magistrate Judge Katz) concluded that the motion to intervene was timely and allowed its proponents to join this case as plaintiff-intervenors. McBean v. City of New York, No. 02-5426, 2007 WL 473711 (S.D. N.Y. Feb. 13, 2007).

On August 29, 2007, the plaintiff-intervenors stipulated and agreed to dismiss their claims against the defendants pursuant to a settlement between the parties, except for claims relating to strip searches occurring when post-admission detainees leave the city's correctional facilities or when officials search a detainee's housing within one of the facilities. Under the terms of this settlement, the defendants agreed not to strip search any detainee without reasonable suspicion, to promulgate written policies regarding when strip searches were appropriate, to retrain their intake personnel within four months of October 4, 2007, to agree to appointment of a Special Master whose role would be to ensure adherence to the new policies, to post signs advising prisoners of the new policies and how to report violations, and to discipline employees who disregarded the new search policies. The defendants also agreed to pay attorneys' fees and costs.

On March 16, 2010, the parties entered a Stipulated Settlement providing for payment of $33 million dollars in damages by the City to the approximately 1000,000 pretrial detainees involved in the case. The Court (John G. Koeltl) preliminarily approved the settlement on March 22, 2010. Notice and a claim form will go out to each of the 100,000 persons in the case in mid-June, 2010.

Summary Authors

Kristen Sagar (10/23/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4924885/parties/mcbean-v-the-city-of-new-york/


Judge(s)

Katz, Theodore H. (New York)

Koeltl, John George (New York)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Cardinale, Richard J. (New York)

Isseks, Robert Nathan (New York)

Saylor, Elizabeth Sykes (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Goode-Trufant, Muriel (New York)

Klein, Brett Harris (New York)

Meyer, Deborah I. (New York)

Judge(s)

Katz, Theodore H. (New York)

Koeltl, John George (New York)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Cardinale, Richard J. (New York)

Isseks, Robert Nathan (New York)

Saylor, Elizabeth Sykes (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Goode-Trufant, Muriel (New York)

Klein, Brett Harris (New York)

Meyer, Deborah I. (New York)

Nelson, Genevieve (New York)

Other Attorney(s)

Brinckerhoff, Matthew D. (New York)

Emery, Richard D. (New York)

Wang, Mariann Meier (New York)

Documents in the Clearinghouse

Document

1:03-cv-04114

Docket (PACER)

Cence v. City of New York

Jan. 30, 2007

Jan. 30, 2007

Docket

1:02-cv-05426

Docket (PACER)

Sept. 26, 2007

Sept. 26, 2007

Docket
41

1:02-cv-05426

Opinion and Order

June 3, 2003

June 3, 2003

Order/Opinion

1:02-cv-05426

1:03-cv-04114

68

Opinion and Order

April 27, 2005

April 27, 2005

Order/Opinion
105

1:02-cv-05426

1:03-cv-04114

Opinion and Order

Feb. 7, 2006

Feb. 7, 2006

Order/Opinion
145

1:02-cv-05426

Memorandum Opinion and Order

Feb. 13, 2007

Feb. 13, 2007

Order/Opinion
156

1:02-cv-05426

Stipulation and Order of Dismissal

Sept. 5, 2007

Sept. 5, 2007

Order/Opinion
157

1:02-cv-05426

Order

Sept. 5, 2007

Sept. 5, 2007

Order/Opinion

1:02-cv-05426

Stipulation and Order

Oct. 4, 2007

Oct. 4, 2007

Settlement Agreement

1:02-cv-05426

Stipulation of Settlement

March 16, 2010

March 16, 2010

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4924885/mcbean-v-the-city-of-new-york/

Last updated Aug. 30, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 444979. (rmo) (Entered: 07/22/2002)

July 15, 2002

July 15, 2002

PACER
2

NOTICE of by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova requesting that this actin be filed as related to case 02cv465 (NRB). (rmo) (Entered: 07/22/2002)

July 15, 2002

July 15, 2002

PACER

CASE REFERRED TO Judge Naomi R. Buchwald as possibly related to 1:02cv465. (rmo)

July 15, 2002

July 15, 2002

PACER
3

Memo-Endorsement on letter addressed to Judge Buchwald from Deborah I. Meyer, dated 7/24/02: Granting defendants request for extension of time to answe or otherwise respond to the complaint until 8/23/02 . ( signed by Judge Barbara S. Jones ); Copies mailed. (tp) (Entered: 08/08/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
4

NOTICE OF INITIAL PRETRIAL CONFERENCE: That if such a consent order is not filed within the time provided, a pretrial conference will be held for 3:00 p.m. on 9/20/02, in Courtroom 1105, 40 Centre Street, New York, NY 10007. ( signed by Judge Barbara S. Jones ) (tp) (Entered: 08/09/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
5

Notice of Case Assignment to Judge Gerard E. Lynch . Copy of notice and judge's rules mailed to Attorney(s) of record: Richard J. Cardinale . (jol) (Entered: 08/14/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER

Magistrate Judge Theodore H. Katz is so designated. (jol)

Aug. 6, 2002

Aug. 6, 2002

PACER

Case referred as related to 1:02cv465 and declined by Judge Naomi R. Buchwald and returned to wheel for assignment. (jol)

Aug. 6, 2002

Aug. 6, 2002

PACER
6

Memo-Endorsement on letter addressed to Judge Jones from Richard J. Cardinale, dated 8/16/02: The 9/20/02 conference is cancelled . ( signed by Judge Barbara S. Jones ); Copies mailed. (tp) (Entered: 08/21/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
7

ANSWER by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik to Amended Complaint. (Attorney Deborah I. Meyer from the Firm: Corp Counsel City of NY). (cd) (Entered: 09/11/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
8

NOTICE OF MOTION by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova, to certify class action ; for preliminary injunction . No Return Date. (kw) (Entered: 10/23/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
9

DECLARATION of Micheal Hueston by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
10

DECLARATION of Robert N. Isseks by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
11

MEMORANDUM OF LAW by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support of [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
12

DECLARATION of Richard J. Cardinale by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
13

SCHEDULING ORDER: Deft's Response to motion deadline set for 11/25/02; Pltff's Reply to response to motion deadline set for 12/9/02. ( signed Judge Gerard E. Lynch ); (kg) (Entered: 10/25/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER
14

Memo-Endorsement on letter addressed to Judge Lynch from Richard J. Cardinale, dated 10/29/02; granting plaintiffs requests for leave to file a second amended complaint . ( signed by Judge Gerard E. Lynch ); (pl) (Entered: 11/06/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
15

SECOND AMENDED COMPLAINT by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio (Answer due 11/18/02 for John/Jane Does 1-50, for John/Jane Does 1-500, for Bernard Kerik, for Robert N. Davoren, for Gary Lanigan, for William J. Fraser, for The City of New York ) amending [1-1] complaint against New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown. Summons issued. (yv) (Entered: 11/13/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
16

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Prison Health, Inc. by Paula Kash, Ct. Corp on 11/12/02 . Answer due on 12/2/02 for Prison Health, Inc. . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
17

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to The City of New York by unknown white female on 11/7/02 . Answer due on 11/27/02 for The City of New York . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
18

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to New York City Health by unknown white female on 11/7/02 . Answer due on 11/27/02 for New York City Health . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
19

AFFIDAVIT OF SERVICE of S/C as to Brown by unknown white female on 11/7/02. Answer due on 11/27/02 for Brown . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
20

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Carolyn Thomas by Officer Jenkins on 11/7/02 . Answer due on 11/27/02 for Carolyn Thomas . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
21

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Jacqueline Thomas-Andrews by Officer Jenkins on 11/7/02 . Answer due on 11/27/02 for Jacqueline Thomas-Andrews . (cd) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
22

MEMORANDUM OF LAW by defendants in support of their motion to disqualify plaintiffs' counsel. (kw) (Entered: 12/03/2002)

Nov. 27, 2002

Nov. 27, 2002

PACER
23

NOTICE OF MOTION by The City of New York to disqualify plntf's counsel from further representation of plntfs ; Return Date not indicated; attached are papers in support (cd) (Entered: 12/04/2002)

Nov. 27, 2002

Nov. 27, 2002

PACER
24

Memo-Endorsement on letter addressed to Judge Gerard E. Lynch from Deborah I. Meyer, dated 11/21/02. Re:, counsel for dfts requests that discovery and the motion for class certification be stayed pending a decision by the U.S. Supreme Court until approximately between February and April 2003, or in the alternative counsel for dfts requests a sixty day extension to respond to plaintiffs' class certification motion. The motions for a stay pending decision of the Certiorari petition in Shain and/or of the disqualification motion are denied. The motion for an extension of time to respond to the class certification motion is also denied since (1) it is untimely, defendants having submitted it so late that it only reached chambers on the date the response was due and (2) the motion is entirely unspecific about what addition at discovery is allegedly necessitated by the amendment of the complaint and this provides no rational basis for the Court to assess the need for an extension . ( signed by Judge Gerard E. Lynch ); (dle) (Entered: 12/06/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
25

AFFIDAVIT OF SERVICE of summons and complaint as to Trevor Parks by certified mail on 11/20/02. Answer due on 12/10/02 for Trevor Parks. (jco) (Entered: 12/10/2002)

Dec. 4, 2002

Dec. 4, 2002

PACER
26

MEMORANDUM OF LAW by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, John/Jane Does 1-500, John/Jane Does 1-50, New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown in opposition to [8-1] motion to certify class action, [8-2] motion for preliminary injunction . (db) (Entered: 12/13/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
27

DECLARATION of Brett H. Klein by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, John/Jane Does 1-500, John/Jane Does 1-50, New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown in support of dft's memorandum in opposition to pltff's motion for preliminary injunction. (db) (Entered: 12/13/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
28

REPLY MEMORANDUM by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova in support re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction . (dle) (Entered: 12/23/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
29

ORDER, denying [8-1] motion to certify class action, denying [8-2] motion for preliminary injunction. ( signed by Judge Gerard E. Lynch ); (kw) (Entered: 12/23/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
30

RULE 1.9 CERTIFICATE filed by America Services, Prison Health, Inc. . (ae) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
31

ANSWER by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown to [15-1] second amended complaint . (Attorney Brett H. Klein from the Firm: Michael A. Cardozo); jury demand. (ae) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

PACER
32

City Defendants' REPLY MEMORANDUM in Further support re: [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (djc) (Entered: 01/24/2003)

Jan. 17, 2003

Jan. 17, 2003

PACER
33

DECLARATION of Brett H. Klein in support of [23-1] motion to disqualify plntf's counsel from further representation of plntfs; and to place relevant and documetns on the record; (djc) (Entered: 01/24/2003)

Jan. 17, 2003

Jan. 17, 2003

PACER
34

MEMORANDUM OF LAW by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs. (sb) (Entered: 01/24/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
35

DECLARATION of Robert N. Isseks by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (sb) (Entered: 01/24/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
36

DECLARATION of Michael Hueston by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs. (sb) (Entered: 01/24/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
37

DECLARATION of Richard J. Cardinale by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (sb) (Entered: 01/24/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
38

Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of 12/18/02. (dt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
39

Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of 12/9/02. (dt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
40

ORDER, Defendant's request for an order staying or limiting discovery is denied. ( signed by Judge Gerard E. Lynch ) (sb) (Entered: 05/23/2003)

May 22, 2003

May 22, 2003

PACER
41

OPINION AND ORDER #88589, denying [23-1] motion to disqualify plntf's counsel from further representation of plntfs. ( signed by Judge Gerard E. Lynch ); (kw) (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

Clearinghouse
42

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Theodore H. Katz. ( signed by Judge Gerard E. Lynch ) (kw) (Entered: 06/13/2003)

June 13, 2003

June 13, 2003

PACER
43

STIPULATION and ORDER, defendants will serve their papers in opposition to plaintiffs' motion for class certification by 8/29/03; plaintiffs will submit their reply by 9/12/03; the parties will conduct discovery in the interim . ( signed by Judge Gerard E. Lynch ) (yv) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

PACER

Deadline(s) updated: scheduling order deadlines: Reply to response to motion deadline 9/12/03 ; . (yv)

June 20, 2003

June 20, 2003

PACER
44

Memo-Endorsement on letter addressed to Mag. Judge Katz from Brett H. Klein, dated 7/16/03. Counsel for defendants request a one week adjournment of the 7/18/03 status conference. The parties shall call chambers on 7/29/03 at 4:30 p.m. ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed by Chambers. (sb) (Entered: 07/22/2003)

July 18, 2003

July 18, 2003

PACER
45

STIPULATION and ORDER, The actions, 02cv5426 and 03cv4114, are consolidated for all purposes . ( signed by Judge Gerard E. Lynch ) (sb) (Entered: 07/29/2003)

July 25, 2003

July 25, 2003

PACER

Consolidated Lead Case. (sb)

July 25, 2003

July 25, 2003

PACER

Settlement Conference held before Magistrate Judge Theodore H. Katz . (ja)

Aug. 7, 2003

Aug. 7, 2003

PACER
46

RULE 1.9 CERTIFICATE filed by The City of New York . (db) (Entered: 08/27/2003)

Aug. 25, 2003

Aug. 25, 2003

PACER
47

Memo-Endorsement on letter addressed to Hon. Gerard E. Lynch from Brett H. Klein, dated 8/22/03. counsel for defendants request a stay of discovery and the briefing of plaintiffs' motion for class certification pending the outcome of settlement negotiations. So Ordered . ( signed by Judge Gerard E. Lynch ); (yv) (Entered: 08/28/2003)

Aug. 26, 2003

Aug. 26, 2003

PACER

Settlement Conference held before Magistrate Judge Theodore H. Katz. (ja)

Sept. 12, 2003

Sept. 12, 2003

PACER

Telephone settlement Conference held before Magistrate Judge Theodore H. Katz . (cd)

Oct. 2, 2003

Oct. 2, 2003

PACER

Telephone Settlement Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz. (sb)

Oct. 9, 2003

Oct. 9, 2003

PACER

Telephone Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz . (dle)

Oct. 9, 2003

Oct. 9, 2003

PACER

Telephone Settlement Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz. (sb) Modified on 10/17/2003

Oct. 9, 2003

Oct. 9, 2003

PACER
48

Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference (telephonic) held on 12/1/2003. (dle, ) (Entered: 12/11/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER

Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference held on 1/21/2004. (jco, )

Jan. 21, 2004

Jan. 21, 2004

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz : Settlement Conference held on 2/17/2004. (sb, )

Feb. 17, 2004

Feb. 17, 2004

PACER
49

MOTION for an order, granting Joel Ramos, Foster Thomas, Daniel Velazquez and Kenneth Williams, pursuant to Fed. R. Civ. P. 24(a)(2), to intervene-plaintiffs. Return Date set for 3/18/2004 12:00 PM before Judge Gerard E. Lynch. (sac, ) (Entered: 02/23/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
50

MEMORANDUM OF LAW in Support re: 49 MOTION to Intervene. (sac, ) (Entered: 02/23/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER

Minute Entry for proceedings held before Judge Theodore H. Katz : Telephone Conference (Settlement) held on 3/8/2004. 5:20-5:45 PM. (jeh, )

March 8, 2004

March 8, 2004

PACER
51

MEMORANDUM OF LAW in Opposition re: 49 MOTION to Intervene. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Marcel Sarfati. (jco, ) (Entered: 03/12/2004)

March 9, 2004

March 9, 2004

PACER
52

MEMORANDUM OF LAW Of Plaintiffs in Support Of Approval Of Class Action Settlement. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (jmi, ) (Entered: 03/19/2004)

March 16, 2004

March 16, 2004

PACER
53

DECLARATION of Richard J. Cardinale in Support Of Approval Of Class Action Settlement. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (jmi, ) (Entered: 03/19/2004)

March 16, 2004

March 16, 2004

PACER
54

ENDORSED LETTER addressed to Judge Lynch from Richard D. Emery dated 03/24/04 re: Parties are directed to provide counsel with copies of the court filing regarding the final Settlement no later than Wednesday, March 24, 2004, and allow them to serve reply memorandum of law within five business days after those documents are provided to them, by March 31 2004; (Signed by Judge Gerard E. Lynch on 03/24/04) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(djc, ) (Entered: 04/01/2004)

March 30, 2004

March 30, 2004

PACER
55

Intervenor-Plaintiffs' MEMORANDUM OF LAW in Opposition to Plaintiffs' Request for Approval of Class Action Settlement; (djc, ) (Entered: 04/20/2004)

April 16, 2004

April 16, 2004

PACER
56

REPLY MEMORANDUM OF LAW in Support of Approval of Class Action Settlement. Document filed by Patrick Brown, David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (pl, ) (Entered: 04/30/2004)

April 29, 2004

April 29, 2004

PACER
57

MEMORANDUM OF LAW in Support of approval of class action settlement. Document filed by The City of New York. (kw, ) (Entered: 05/18/2004)

May 17, 2004

May 17, 2004

PACER
58

SCHEDULING ORDER: The parties having appeared for a pretrial conference on 5/20/2004: The motion for class certification filed on 10/17/2004 is withdrawn. Motions due by 6/4/2004. Cross Motions due by 6/25/2004. Responses due by 7/16/2004 Replies due 7/30/2004. (Signed by Judge Gerard E. Lynch on 5/20/2004) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(jsa, ) (Entered: 05/25/2004) Presiding Judge: Lynch, Gerard E. Referral Judge : Katz, Theodore H. (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

PACER
59

49 Motion to Intervene pursuant to the conference held with the parties and the Court on 5/20/2004. It is ordered that the motion to intervene by plaintiffs Joel Ramos,Foster Thomas, Daniel Valequez and Kenneth Williams is granted.. (Signed by Judge Gerard E. Lynch on 5/20/2004) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(jsa, ) (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

PACER
60

AMENDED MOTION for an Order Certifying this Class Action pursuant to FRCP 23(b)(2) and (3). Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (tp, ) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
61

MEMORANDUM OF LAW in Support re: 60 MOTION to Certify Class. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (tp, ) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
62

MOTION to Appointing Emery Cell Brinckerhoff & Abady LLP as class counsel, purs to FRCP 23(g)., MOTION to Certify Class., MOTION designating Intervenor Plainitffs as represenatives of the class. Document filed by Kenneth Williams, Daniel Velazquez, Foster Thomas, Joel Ramos. Return Date set for 8/6/2004 12:00 PM. Attached are declarations in support(djc, ) (Entered: 07/09/2004)

June 28, 2004

June 28, 2004

PACER
63

MEMORANDUM OF LAW in Opposition re: 60 MOTION to Certify Class.. Document filed by Joel Ramos, Foster Thomas, Daniel Velazquez, Kenneth Williams; and in support of Intervenor-Plaintiffs' Motion for Class Certification; (djc, ) (Entered: 07/09/2004)

June 28, 2004

June 28, 2004

PACER
64

MEMORANDUM OF LAW in Opposition to: 62 MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of the class. Document filed by America Services Group, Inc., Brown, Patrick Brown, Correction Officers, Robert N. Davoren, William J. Fraser, Health and Hospitals Corporation, Bernard Kerik, Gary Lanigan, New York City Health & Hosp's Corp., Trevor Parks, Prison Health Services, Inc., The City of New York, The Wardens of Rikers Island Correctional Facility, The Wardens of the New York City Department of Correction, Carolyn Thomas, Jacqueline Thomas-Andrews, Kim Wallace, Chante Westhook. (db, ) (Entered: 07/29/2004)

July 28, 2004

July 28, 2004

PACER
65

Reply Memorandum of Law in support of plaitniffs' amended motion for class certification. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati. (dle, ) (Entered: 08/02/2004)

July 30, 2004

July 30, 2004

PACER
66

Intervenor plaintiffs' reply memorandum in furhter support of intervenors' motion for class certification. Document filed by Joel Ramos, Foster Thomas, Daniel Velazquez, Kenneth Williams. (dle, ) (Entered: 08/04/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
67

FIRST AMENDED INTERVENOR COMPLAINT amending 1 Complaint against Michael Bloomberg, James Capoziello, Robert N. Davoren(Chief of of Department of DOC), Martin F. Horn, New York City Department of Correction (DOC), P.H.S. Medical Services, P.C., Trevor Parks, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, New York City Health & Hosp's Corp., Prison Health Services, Inc., William J. Fraser, Gary Lanigan, Bernard Kerik.Document filed by Doris Edwards, Samuel Figueroa, David Gonzalez, Afifa Hudspeth, Alan S. Olson, Foster Thomas, Kenneth Williams, Daniel Velazquez, Joel Ramos. Related document: 1 Complaint.(cd, ) (Entered: 04/15/2005)

April 7, 2005

April 7, 2005

PACER
68

OPINION and ORDER # 91541 re: granting 60 MOTION to Certify Class. filed by Toby Cohen,, Kadian Mcbean,, Cindia Cruz,, Wanda Harvey,, Margarita Plyassounova,, Brenda Hopkins,, Rhonda Jones,, Marcel Sarfati,, Lisa Gregorio,, David Cence,, Diedre Hendricks,, Chanta Nixon,, Federico Tenorio,, Keysha Lee Morris; denying 62 MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of teh class. MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of teh class. filed by Joel Ramos,, Kenneth Williams,, Foster Thomas,, Daniel Velazquez;.. in the event no applciatonf or preliminary approval is made by that date, thr Court will direct immediate notice in accordance with RUle 2 3(c)(2). (Signed by Judge Gerard E. Lynch on 4/26/05) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(djc, ) (Entered: 04/29/2005)

April 27, 2005

April 27, 2005

PACER
69

ORDER that the Clerk of Court is respectfully requested to close out docket #60 and 62 on all internal reports. (Signed by Judge Gerard E. Lynch on 4/26/05) (cd, ) (Entered: 05/02/2005)

April 27, 2005

April 27, 2005

PACER
70

PLAINTIFFS' MEMORANDUM OF LAW in Support of Approval of Class Action Settlement. (djc, ) (Entered: 05/17/2005)

May 13, 2005

May 13, 2005

PACER
71

MOTION to Approve approval of proposed settlement set forth in the stip and order of Class Actioin Settlement., MOTION for Attorney Fees.. (djc, ) (Entered: 05/17/2005)

May 13, 2005

May 13, 2005

PACER
72

AFFIDAVIT OF SERVICE of Summons and Amended Complaint upon Department of Health and Mental Hygiene. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

June 1, 2005

June 1, 2005

PACER
73

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. James Capoziello served on 5/27/2005, answer due 6/16/2005. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

June 1, 2005

June 1, 2005

PACER
74

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Thomas R. Frieden served on 5/27/2005, answer due 6/16/2005. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

June 1, 2005

June 1, 2005

PACER
75

STIPULATION AND ORDER of Class Action Settlement, as further set forth in this document. (Signed by Judge Gerard E. Lynch on 6/21/05) (cd, ) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 75 Stipulation and Order, to the Judgments and Orders Clerk for preparation of Judgment. (cd, )

July 12, 2005

July 12, 2005

PACER
76

REQUEST FOR EXCLUSION FROM CLASS. Filed by Keith Jones.(ae, ) (Entered: 07/29/2005)

July 19, 2005

July 19, 2005

PACER
77

NOTICE of Class Action and Proposed Class Settlement. (tb, ) (Entered: 08/01/2005)

July 19, 2005

July 19, 2005

PACER
78

Request by Rafael R. Nunez to be excluded from Class Action. (tb, ) (Entered: 08/01/2005)

July 19, 2005

July 19, 2005

PACER

Request by Ismael Jacques to be excluded from Class Action. (tb, )

July 19, 2005

July 19, 2005

PACER

Minute Entry for proceedings held before Judge Theodore H. Katz : Discovery Hearing held on 7/19/2005. (pl, )

July 19, 2005

July 19, 2005

PACER
80

REQUEST TO BE EXCLUDED FROM CLASS ACTION. Filed by Derek C. Slates. (db, ) (Entered: 08/02/2005)

July 21, 2005

July 21, 2005

PACER
79

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Gerard E. Lynch on 7/25/05) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(yv, ) (Entered: 08/01/2005)

July 27, 2005

July 27, 2005

PACER
81

ORDER: It is hereby ordered that Tobey Cohen is withdrawn as class representative in this matter. (Signed by Judge Gerard E. Lynch on 8/10/2005) (lb, ) (Entered: 08/25/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
82

TRANSCRIPT of proceedings held on May 31, 2005, 2:23 p.m. before Judge Gerard E. Lynch. (dt, ) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
83

TRANSCRIPT of proceedings held on 5/31/2005 before Judge Gerard E. Lynch. (jar, ) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

PACER

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: July 15, 2002

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pre-trial detainees who, from 7/15/1999 to 7/22/2002, were arraigned on misdemeanors, violations, and misdemeanor charges of civil contempt, and non-felony warrants regarding same, and who, after arraignment were stripsearched in DOC jails.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Prison Health Services, Inc., Private Entity/Person

America Services Group, Inc., Private Entity/Person

The City of New York (New York City), City

New York City Department of Corrections (New York City), City

Rikers Island Correctional Facility (New York City), City

New York City Department of Correction (New York City), City

P.H.S. Medical Services, P.C. (New York City), 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)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 33 million

Order Duration: 2007 - None

Issues

General:

Strip search policy

Type of Facility:

Government-run