Case: Gonzalez v. City of Schenectady

1:00-cv-00824 | U.S. District Court for the Northern District of New York

Filed Date: May 30, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On May 30, 2000, three Plaintiffs filed a lawsuit under 42 U.S.C. § 1983 and state common law against the City of Schenectady and five Schenectady police officers in the United States District Court for the Northern District of New York. Plaintiffs, represented by private counsel, asked for compensatory and punitive damages, alleging they were strip-searched pursuant to an unconstitutional city policy in violation of the Fourth and Fourteenth Amendments.On April 1, 1998, Plaintiff C.F. was in …

On May 30, 2000, three Plaintiffs filed a lawsuit under 42 U.S.C. § 1983 and state common law against the City of Schenectady and five Schenectady police officers in the United States District Court for the Northern District of New York. Plaintiffs, represented by private counsel, asked for compensatory and punitive damages, alleging they were strip-searched pursuant to an unconstitutional city policy in violation of the Fourth and Fourteenth Amendments.

On April 1, 1998, Plaintiff C.F. was in front of a store when two defendant officers called him over to their vehicle. The officers asked what he was doing in the area and where the "crack" was. Plaintiff responded that he did not use or know about crack. One officer then searched plaintiff's pockets and found marijuana. Plaintiff was taken to the police station where he was strip-searched. Plaintiff was kept in a holding cell and released a few hours later. He alleged that $100 was missing from his belongings.

On April 28, 1998, a Defendant Officer stopped Plaintiff G. for a traffic violation. Plaintiff agreed to go to the police station to clear up an "association hit" on her name. Plaintiff alleged she was strip-searched, but Defendants denied strip-searching her. Plaintiff's fingerprints were then checked, revealing she was not wanted and she was released.

On May 30, 1999, a Defendant Officer responded to a fight call, arrested Plaintiff M.F., brought him to the police station, and charged him with disorderly conduct. Plaintiff was issued an appearance ticket and released. As Plaintiff was leaving the police station, he argued with a police officer. Officers then grabbed him, returned him to the booking area, and then strip-searched him. He was then released without additional charges.

On April 5, 2001, the District Court (Judge Thomas J. McAvoy) denied summary judgment to Defendants and granted summary judgment as to Plaintiff M.F. The Court held: (1) city policy of strip-searching all detainees violated the Fourth Amendment because strip/body cavity searches of arrestees charged with misdemeanors or other minor offenses were unconstitutional unless officers had reasonable suspicion that arrestee concealed contraband, (2) fact question as to whether Plaintiff G. was strip-searched precluded summary judgment because defendant officer and the police matrons on duty denied strip-searching her, and (3) police did not have reasonable suspicion to strip-search either plaintiff. The Court granted summary judgment to Plaintiff M.F. because Defendants admitted to strip-searching him and the Court found that Defendants did not have reasonable suspicion to strip-search him. Plaintiff was not charged with a serious crime and Defendants did not initially strip-search Plaintiff.

Gonzalez v. City of Schenectady, 141 F.Supp.2d 304 (N.D.N.Y. 2001).

On May 31, 2001, the District Court (Judge McAvoy) held that the City's policy of strip-searching all non-felony detainees was unconstitutional.

On September 17, 2001, the District Court (Judge McAvoy) granted summary judgment for Defendants Officer B, Officer S, and City as to Plaintiff C.F.'s post-marijuana discovery detention claims. The Court granted summary judgment to Defendants on Plaintiff's claim that his strip-search was unconstitutional. The Court found that the marijuana created a reasonable suspicion that Plaintiff concealed additional contraband, justifying the search. Plaintiff alleged that Defendant S. took $100 frm him, so the Court dismissed this claim as to Officer B. The Court dismissed Plaintiff's state law claims because Plaintiff did not file within the statute of limitations.

The Court denied summary judgment for Defendants as to Plaintiff's pre-marijuana discovery Fourth Amendment claims. The Court found that a reasonable jury could conclude the officers detained Plaintiff for questioning without reasonable suspicion that a crime had occurred or was about to occur, Defendant engaged in procedures more intrusive than necessary under the circumstances, and Defendants seized and searched Plaintiff without probable cause. Even if Defendants had reasonable suspicion, their search went beyond a permissible pat down of Plaintiff's outer clothing for weapons.

The Court granted Defendants' motion to sever Plaintiff's claims from the other two Plaintiffs because they involved separate arrests by different officers. The Court granted Defendant Officer's motion to sever Plaintiff's claims against him from Plaintiff's claims against Defendant City and decided to try these cases back to back in front of one jury.

Gonzalez v. City of Schenectady, Case: 1:00-cv-0824, 2001 WL 1217224 (N.D.N.Y. Sept. 17, 2001).

On April 16, 2002, a jury trial began on Plaintiffs G's and M.F.'s claims. The jury found for Plaintiffs G. and M.F. on April 22, 2002. The jury awarded Plaintiff G. $12,500 in actual damages on her Section 1983 and state law claims of an unjustifiable stop. The jury awarded Plaintiff G. $2,500 on her state common law claim of false arrest arising from being detained and brought to the police station. The City was liable for the state law damages under respondeat superior. The jury found for Defendants on Plaintiff G.'s strip search claims. The jury awarded $75,000 to Plaintiff M.F. in actual damages for his illegal strip search, $2,500 in punitive damages against one Defendant Officer, and $10,000 in punitive damages against Defendant Sergeant under supervisory liability.

On August 30, 2002, the District Court (Judge McAvoy) dismissed Plaintiff C.F.'s claims against Defendant Officer B.

On September 4, 2002, at the end of a two-day jury trial, Plaintiff C.F. settled with Defendants Officer S. and City and the District Court (Judge McAvoy) dismissed Plaintiff C.F.'s claims.

On December 30, 2002, the District Court (Judge McAvoy) granted Defendants' motion for a new trial on the issue of Plaintiff M.F.'s damages unless Plaintiff accepted a remittitur to $40,000 in compensatory damages. The Court found that the strip search had insufficient effects on Plaintiff's life to justify the jury award. The Court affirmed Plaintiff's punitive damages award. Gonzalez v. City of Schenectady, Case: 1:00-cv-0824, 2002 WL 34682538 (N.D.N.Y. Dec. 30, 2002).

On January 13, 2003, Plaintiff M.F. accepted the remittitur to $40,000.

On April 7, 2003, the District Court (Judge McAvoy) awarded $94,138.83 in attorney fees to Plaintiffs G. and M.F.

Summary Authors

Shira Gordon (4/7/2012)

People


Judge(s)

Homer, David R. (New York)

McAvoy, Thomas James (New York)

Attorneys(s) for Plaintiff

Cardamone, Joseph R. (New York)

Luibrand, Kevin A. (New York)

Attorneys(s) for Defendant

Dreyer, William J. (New York)

Koenig, Michael L. (District of Columbia)

Murphy, Michael J. (New York)

Stewart, Daniel J. (New York)

Judge(s)

Homer, David R. (New York)

McAvoy, Thomas James (New York)

Attorneys(s) for Plaintiff

Cardamone, Joseph R. (New York)

Luibrand, Kevin A. (New York)

Attorneys(s) for Defendant

Dreyer, William J. (New York)

Koenig, Michael L. (District of Columbia)

Murphy, Michael J. (New York)

Stewart, Daniel J. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 10, 2006 Docket
51

Opinion [Re: Motions for S/J]

Gonzalez v. Schenectady

141 F.Supp.2d 304

April 5, 2001 Order/Opinion
86

Decision and Order

2001 WL 1217224, 2001 U.S.Dist.LEXIS 14406

Sept. 17, 2001 Order/Opinion
122

Jury Verdict Forms

Gonzalez v. Schenectady

April 22, 2002 Order/Opinion
123

Judgment

Gonzalez and Fyvie v. The City of Schenectady, et al.

2002 WL 34682918

April 23, 2002 Order/Opinion
167

Judgment Dismissing Action by Reason of Settlement

Frisbee v. Siler and the City of Schenectady

Sept. 4, 2002 Order/Opinion
175

Order (remittitur)

2002 WL 34682538

Dec. 30, 2002 Order/Opinion
186

Civil Judgment [Re: Attorney's Fees]

April 7, 2003 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
39

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 47562 ; Service deadline 7/29/00 for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (wbl) Modified on 03/15/2001 (Entered: 05/31/2000)

May 30, 2000

SUMMONS(ES) issued for City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe (wbl) (Entered: 05/31/2000)

May 30, 2000

Filing Order Issued; Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 10:00 10/10/00 , Deadline for filing Case Management Plan, 9/25/00 (wbl) (Entered: 05/31/2000)

May 30, 2000
2

ACKNOWLEDGEMENT OF SERVICE as to City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski on 6/13/00 : Answer due on 7/3/00 for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (tab) (Entered: 06/26/2000)

June 23, 2000
3

ANSWER to Complaint by City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe (Attorney Joseph R. Cardamone), (wjg) (Entered: 06/30/2000)

June 29, 2000
4

ANSWER to Complaint by Richard Barnett, Michael Siler (Attorney Michael Louis Koenig), (wjg) (Entered: 07/18/2000)

July 17, 2000
5

NOTICE of attorney appearance for Richard Barnett, Michael Siler by Michael Koenig (wjg) (Entered: 07/21/2000)

July 20, 2000
6

Proposed Joint Civil Case Management Plan Submitted. (fce) (Entered: 09/29/2000)

Sept. 29, 2000
7

LETTER REQUEST by Kevin Luibrand dd 9/20/00 and ORDER, for schedule of deposition of defts Thomas Mattice (10/31/00 @ 10:00am), Marisela Mosher (10/31 @ 11:30am), Eric Hesch (10/31 @ 1:00pm), Richard Barnett (10/31 @ 2:00pm), Michael Glasser (11/1 @ 10:00), William Lachanski (11/1 @ 11:30) and Michael Siler (11/1 @ 1:00pm); all depositions to take place at the offices of Tobin & Dempf ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 10/03/2000)

Oct. 3, 2000
8

Scheduling Notice:, reset Filing Order Deadlines: Conference set before Magistrate Judge David R. Homer in Albany, NY, Status Conference at 9:00 10/27/00 , Deadline for filing Case Management Plan, 10/18/00 (wjg) (Entered: 10/11/2000)

Oct. 10, 2000

Returned defts' answer to amended complaint with crossclaim to Atty. Cardamone with Document rejection Notice; no amended complaint filed at this time; such complaint must be filed first before answer/crossclaim can be filed (rejection notice placed in file, with copies to all counsel). (wjg) (Entered: 10/11/2000)

Oct. 11, 2000
9

NOTICE and ORDER dated October 13,2000 reassigning case from Judge Kahn to Judge McAvoy (fce) Modified on 10/19/2000 (Entered: 10/19/2000)

Oct. 19, 2000

CASE Reassigned to Judge Thomas J. McAvoy (fce) (Entered: 10/19/2000)

Oct. 19, 2000
10

Uniform Pretrial Order; Length of Trial: 5 days; Trial Location: Albany, NY; Joining of Parties Deadline 1/1/01 ; Amending of Pleadings Deadline 2/1/01 ; Discovery Deadline 5/1/01 ; Motion Filing Deadline 8/1/01 ; Trial ready deadline 11/1/01 Jury Trial Deadline 9:30 11/14/01 ; ( Signed by: Magistrate Judge David R. Homer ) (wjg) (Entered: 10/30/2000)

Oct. 27, 2000
11

ORDER TO SHOW CAUSE: why defts should not be compelled to obtain separate counsel ( Signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 10/30/2000)

Oct. 27, 2000
12

LETTER MOTION by Michael Siler to Stay discovery pending resolution of a criminal case in which Siler is a named deft Motion returnable before Judge/Mag. Judge: Homer (wjg) (Entered: 11/07/2000)

Nov. 7, 2000
13

ORDER, Motion Hearing set for 10:00 12/15/00 re: [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Response to Motion reset to 11/27/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Reply to Response to Motion reset to 12/8/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , and to Stay the deposition of Siler pending resolution of [12-1] Motion ( signed by Magistrate Judge David R. Homer ) Date Entered: 11/7/00 (wjg) (Entered: 11/07/2000)

Nov. 7, 2000
14

LETTER RESPONSE BRIEF by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee to [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft (wjg) (Entered: 11/08/2000)

Nov. 8, 2000
15

ORDER, to Amend [13-1] order , Reply to Response to Motion reset to 11/15/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Motion Hearing set for 10:00 11/20/00 re: [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft; the motion will be taken on submit and without oral argument , and to Stay deposition of Siler pending resolution of this motion ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 11/14/2000)

Nov. 13, 2000
16

LETTER REQUEST by Kevin Luibrand dd 11/10/00 and ORDER, for Leave to File and serve an amended complaint ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 11/28/2000)

Nov. 28, 2000
17

LETTER to MJ Homer from Michael Koenig dd 11/13/00 consenting to filing of proposed amended complaint. (wjg) (Entered: 11/28/2000)

Nov. 28, 2000
19

AMENDED COMPLAINT by Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee , Service deadline 2/2/01 for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady , amends [1-1] complaint (wjg) Modified on 12/04/2000 (Entered: 11/28/2000)

Dec. 4, 2000

Deadline updated; set Service Deadline to 2/2/01 for Eric Hesch, for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (wjg) (Entered: 12/04/2000)

Dec. 4, 2000
20

ANSWER by City of Schenectady, Thomas Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe, Eric Hesch (Attorney Joseph R. Cardamone) to amended complaint (wjg) (Entered: 12/07/2000)

Dec. 7, 2000
20

CROSSCLAIM by City of Schenectady, Thomas Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe, Eric Hesch against Richard Barnett, Michael Siler (wjg) (Entered: 12/07/2000)

Dec. 7, 2000
21

ORDER denying [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 12/12/2000)

Dec. 11, 2000
22

ORDER, Motion Hearing set for 9:00 1/12/01 concerning the representation of Barnett and Siler; defts Barnett and Siler shall personally attend the hearing ( signed by Magistrate Judge David R. Homer )[served to all parties and to William Dreyer, Esq.] (wjg) (Entered: 12/12/2000)

Dec. 11, 2000
23

NOTICE of attorney appearance for Richard Barnett by William J. Dreyer (wjg) (Entered: 12/21/2000)

Dec. 20, 2000
24

ORDER APPROVING DEFTS' WAIVER OF POTENTIAL CONFLICT, that based upon the circumstances as presently known, including the info set forth in the affidavits of defts Mattice, Glasser, Mosher, Lachanski and Hesch, the Court finds that those defts have been provided with sufficient written notice by counsel of the potential for conflict inherent in their being jointly represented by the same atty, and have knowingly and voluntarily chosen to proceed with that joint representation , and that the affidavits of Mattice, Glasser, Mosher, Lachanski and Hesch, with attachments, which were submitted pursuant to the court's Order dd 10/27/00, and contain sensitive and attorney-client priviledged matters, shall be filed by the court under seal ( signed by Magistrate Judge David R. Homer ) Date Entered: 1/3/01 (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
25

SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
26

SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
27

SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
28

SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
29

SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)

Jan. 3, 2001
30

ANSWER by Michael Siler (Attorney Michael Koenig) to amended complaint (wjg) (Entered: 01/05/2001)

Jan. 5, 2001
32

ANSWER by Richard Barnett (Attorney Daniel J. Stewart) to amended complaint (wjg) (Entered: 01/22/2001)

Jan. 22, 2001
33

Scheduling Notice:, set In Chambers Conference (regarding deft Siler's representation) for 11:00 1/30/01 (wjg) (Entered: 01/24/2001)

Jan. 24, 2001
38

**This motion was received by the Court on 3/14/01, but is considered filed as of 1/30/01 (date of initial 7.1[b] letter), pursuant to the CJRA Reporting requirements instituted 3/1/00** MOTION by Elizabeth Gonzalez, Michael Fyvie for Partial Summary Judgment , Hearing set for 10:00 4/27/01 Motion returnable before Judge/Mag. Judge: McAvoy in Binghamton, NY (wjg) (Entered: 03/15/2001)

Jan. 30, 2001
34

AFFIDAVIT/CERTIFICATE OF SERVICE by Michael Siler of Answer to Amended Complaint as to Kevin Luibrand and Michael Brockbank, Esqs. on 1/5/01. (wjg) (Entered: 02/01/2001)

Jan. 31, 2001
35

LETTER of Kevin Luibrand dd 1/30/01 on behalf of Elizabeth Gonzalez, Michael Fyvie pursuant to Local Rule 7.1(b) regarding Motion: for partial summary judgment Date Served upon counsel: 1/30/01 (wjg) (Entered: 02/01/2001)

Feb. 1, 2001
36

AFFIDAVIT/ACKNOWLEDGEMENT OF SERVICE as to Eric Hesch on 1/26/01. (wjg) (Entered: 02/05/2001)

Feb. 5, 2001
37

STATUS REPORT LETTER advising of impending deadlines. Status report due on 3/14/01 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 02/28/2001)

Feb. 28, 2001
41

**This motion was received by the Court on 3/14/01, but is considered filed as of 3/1/01, pursuant to the CJRA Reporting requirements instituted 3/1/00** CROSS MOTION by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch for Summary Judgment , Hearing set for 10:00 4/27/01 in Binghamton, NY (wjg) (Entered: 03/15/2001)

March 1, 2001
38

AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie Re: support of [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
39

Statement of Material Facts in Support of [38-1] motion for Partial Summary Judgment filed by Elizabeth Gonzalez, Michael Fyvie (wjg) Modified on 03/15/2001 (Entered: 03/15/2001)

March 14, 2001
40

MEMORANDUM OF LAW by Elizabeth Gonzalez, Michael Fyvie in support of [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
41

AFFIDAVIT by Michael Seber for City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch Re: support of [41-1] cross motion for Summary Judgment, and in opposition to [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
42

Statement of Material Facts in Support of [41-1] cross motion for Summary Judgment, and in response/opposition to [38-1] motion for Partial Summary Judgment filed by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch (wjg) (Entered: 03/15/2001)

March 14, 2001
43

MEMORANDUM OF LAW by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch in opposition to [38-1] motion for Partial Summary Judgment, and in support of [41-1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
44

REPLY AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie to response to [38-1] motion for Partial Summary Judgment, and in opposition to [41- 1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
45

REPLY MEMORANDUM OF LAW by Elizabeth Gonzalez, Michael Fyvie in further support of [38-1] motion for Partial Summary Judgment, and in opposition to [41-1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)

March 14, 2001
46

LETTER on of Kevin Luibrand dd 3/13/01 on behalf of Elizabeth Gonzalez, Michael Fyvie pursuant to Local Rule 7.1(b) regarding reply to response to Motion: for summary judgment (and opposition papers as to cross-motion for summary judgment); Date Served upon counsel: 3/13/01 (wjg) (Entered: 03/15/2001)

March 14, 2001
47

NOTICE of attorney appearance for City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch by Michael J. Murphy (tab) (Entered: 03/27/2001)

March 27, 2001
52

AFFIDAVIT(s) of Rebecca Gage and Diane UpDyke on behalf of Jane Doe(s) in opposition to Re: [41-1] cross motion for Summary Judgment (pta) (Entered: 04/09/2001)

March 29, 2001
48

MOTION by Elizabeth Gonzalez for Rule 11 Sanctions , Hearing set for 10:00 5/14/01 , Response Deadline 4/30/01 , Reply to Response Deadline 5/7/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY [STRICKEN FROM THE RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)

April 3, 2001

Motion(s) no longer referred: [48-1] motion for Rule 11 Sanctions (wjg) (Entered: 04/04/2001)

April 3, 2001
48

AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez Re: support of [48-1] motion for Rule 11 Sanctions [STRICKEN FROM THE RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)

April 3, 2001
49

Rule 11 Compliance AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez Re: support of [48-1] motion for Rule 11 Sanctions [STRICKEN FROM RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)

April 3, 2001
50

Scheduling Notice: resetting [48-1] Motion for Sanctions to 5/14/01 @ 10:00am before USDJ McAvoy in Albany. (wjg) (Entered: 04/04/2001)

April 3, 2001
51

ORDER denying Defts' [41-1] cross motion for Summary Judgment in its entirety, granting Pltf Fyvie's motion [38-1] motion for Partial Summary Judgment as to his claim against City/Schenectady in violation of his 4th Amendment; and denying Pltf Gonzalez's motion for summary judgment in its entirety ( signed by Judge Thomas J. McAvoy ) Date Entered: 4/5/01 (amt) (Entered: 04/05/2001)

April 5, 2001
53

AMENDED NOTICE of attorney appearance for City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch by Michael Murphy (wjg) (Entered: 04/10/2001)

April 9, 2001
54

Court NOTICE to counsel dd 4/19/01 advising that the pending motions will be on submit basis; no appearances necessary; MDO already issued. (sfp) (Entered: 04/20/2001)

April 19, 2001
55

Minute entry: MOTION CALENDAR HELD 4/27/01 bef Judge McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; LC/SE; CRD/cml. Defts City/Schenectady+ [41-1] cross motion for Summary Judgment; and, Pltfs' [38-1] motion for Partial Summary Judgment - TAKEN ON SUBMIT [addressed by TJM [51-1] order] (cml) (Entered: 04/30/2001)

April 27, 2001
56

ORDER, set Settlement Conference for 9:30 6/20/01 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 05/01/2001)

April 30, 2001
57

RESPONSE AFFIDAVIT by Michael Murphy for City of Schenectady to [48-1] motion for Rule 11 Sanctions [STRICKEN FROM RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 05/01/2001)

May 1, 2001
58

Court NOTICE to counsel dd 5/4/01 advising that the pending motions [48-1] will be taken on submit; no appearances necessary (sfp) (Entered: 05/04/2001)

May 4, 2001
59

Letter of Attorney Luibrand to the Court dd 5/9/01 advising Pltf Fyvie's claim is ready for trial and anticipates trial to take 3 to 4 days and could begin on 6/1/01 [copy forwarded to chambers/CML] (amt) (Entered: 05/11/2001)

May 11, 2001
60

ORDER advising the court will not consider the merits of the instant motion; rejecting and striking Pltf's [48-1] motion for Rule 11 Sanctions and Defts' opposition to that motion ( signed by Judge Thomas J. McAvoy ) (amt) (Entered: 05/14/2001)

May 11, 2001

Motion hearing re: Pltfs' [48-1] motion for Rule 11 Sanctions held (cml) (Entered: 05/15/2001)

May 14, 2001
61

Minute entry: MOTION CALENDAR HELD 5/14/01 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SSt; CRD/mp. Pltfs' [48-1] motion for Rule 11 Sanctions - TAKEN ON SUBMIT [addressed by TJM [60-1] order] (cml) (Entered: 05/15/2001)

May 14, 2001
62

NOTICE to Daniel Stewart, Esq. from Clerk advising that (per USDJ McAvoy's chambers) the Court will not consider request to sever without a formal motion. (wjg) (Entered: 05/25/2001)

May 25, 2001

Settlement conference held (wjg) (Entered: 06/25/2001)

June 20, 2001
63

Minute entry: SETTLEMENT CNF BEFORE MJ HOMER ON 6/20/01; APP-Kevin Luibrand, Mike Murphy and Dan Stewart, Esqs.; no settlement reached. (wjg) (Entered: 06/25/2001)

June 25, 2001
64

LETTER of Michael Murphy dd 6/27/01 on behalf of City of Schenectady pursuant to Local Rule 7.1(b) regarding Motion: for partial summary judgment Date Served upon counsel: 6/27/01 (wjg) (Entered: 06/27/2001)

June 27, 2001
75

**This motion was received by the Court on 7/31/01, but is considered filed as of 6/27/01, pursuant to the CJRA reporting requirements instituted 3/1/00** MOTION by City of Schenectady for Partial Summary Judgment , Hearing set for 10:00 9/10/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY (wjg) (Entered: 07/31/2001)

June 27, 2001
70

**This motion was received by the Court on 7/31/01, but is considered filed as of 6/29/01, pursuant to the CJRA reporting requirements instituted 3/1/00** MOTION by Richard Barnett for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie , Hearing set for 10:00 9/10/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY (wjg) (Entered: 07/31/2001)

June 29, 2001
65

DOCUMENT REJECTION ORDER, rejecting affidavit, offer of judgment (does not follow FRCivP 68 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/05/2001)

July 3, 2001

Returned Offer of Judgment, Affidavit to counsel Michael Murphy with Document Rejection Order (copies of Order to Counsel). (wjg) (Entered: 07/05/2001)

July 3, 2001
66

DOCUMENT REJECTION ORDER, rejecting Deft Barnett's Motion for Summary Judgment & supporting papers ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/05/2001)

July 3, 2001

Returned deft Barnett's Motion for Summary Judgment & supporting papers to atty Stewart w/Document Rejection Order (copies of Order to Counsel). (wjg) (Entered: 07/05/2001)

July 3, 2001
67

LETTER of Joseph Amicone, Esq. pursuant to Local Rule 7.1(b) regarding response to Motion: for summary judgment (and in support of Barnett's motion for severance). Date Served upon counsel: 7/19/01 (wjg) (Entered: 07/20/2001)

July 19, 2001
68

LETTER dated 7/18/01 by Kevin A. Luibrand, Esq., on behalf of Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee pursuant to Local Rule 7.1(b) regarding Motion: opposition to partial summary judgment Date Served upon counsel: 7/18/01 (jel) (Entered: 07/24/2001)

July 19, 2001
69

CERTIFICATE OF SERVICE by Kevin Luibrand, Esq., for Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee stated served opposition papers to motion for partial summary judgment upon adversaries. (jel) (Entered: 07/24/2001)

July 19, 2001
71

Statement of Material Facts in Support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie filed by Richard Barnett (wjg) (Entered: 07/31/2001)

July 31, 2001
72

AFFIDAVIT by Richard Barnett Re: support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)

July 31, 2001
73

AFFIDAVIT by Daniel Stewart for Richard Barnett Re: support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)

July 31, 2001
74

MEMORANDUM OF LAW by Richard Barnett in support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)

July 31, 2001
75

AFFIDAVIT by Michael Murphy for City of Schenectady Re: support of [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)

July 31, 2001
76

Statement of Material Facts in Support of [75-1] motion for Partial Summary Judgment filed by City of Schenectady (wjg) (Entered: 07/31/2001)

July 31, 2001
77

MEMORANDUM OF LAW by City of Schenectady in support of [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)

July 31, 2001
79

Statement of Material Facts in response/opposition to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie filed by Charles Frisbee (wjg) (Entered: 07/31/2001)

July 31, 2001
80

Statement of Material Facts in response/opposition to [75-1] motion for Partial Summary Judgment filed by Charles Frisbee (wjg) (Entered: 07/31/2001)

July 31, 2001
81

MEMORANDUM OF LAW by Charles Frisbee in opposition to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie, [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)

July 31, 2001
82

REPLY AFFIDAVIT by Daniel Stewart for Richard Barnett to response to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)

July 31, 2001
83

REPLY MEMORANDUM OF LAW by Richard Barnett in further support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)

July 31, 2001
84

Court NOTICE to counsel advising that the pending motions for 9/10/01 will hear oral argument at 10:00 am in Albany before Judge McAvoy (sfp) (Entered: 09/04/2001)

Sept. 4, 2001

Motion hearing re: Pltfs' [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by each pltf; and, Defts' [75-1] motion for Partial Summary Judgment held (cml) (Entered: 09/12/2001)

Sept. 10, 2001
85

Minute entry: MOTION CALENDAR held 9/10/01 bef Judge McAvoy in Albany, NY: APP: None; CR: V. Theleman; LC/JC; CRD/mp. Pltfs' [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales & Fyvie; and, Defts' [75-1] motion for Partial Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 09/12/2001)

Sept. 12, 2001
86

DECISION & ORDER granting in part, denying in part [70-1] summary judgment motion by City of Sch'dy and Mr. Banett; That much of Fourth Amendment claims and state law false arrest claims seeking damages from these defts for Mr. Frisbee's detention after the point in time that the marijuana was discovered are dismissed. These same claims, however, remain viable against these defts inasmuch as they seek damages for the detention up to the time of the discovery of the marijuana. , granting in part, denying in part [75-1] summary judgment motion by Deft Barnett on the grounds of qualified immunity; Mr. Barnett is granted qualified immunity for his role in the strip search of Mr. Frisbee occurring on 4/1/98 and this much of Plaintiff's claim is dismissed. His motion for summary judgment on the grounds of qualified immunity is denied in all other respects. Deft Barnett's motion to dismiss the state law claims against him is granted, and all state law claims brought against Mr. Barnett are dismissed. Deft Barnett's motion to sever the claims of Mr. Frisbee from the other plaintiffs' claims is Granted pursuant to FRCivP 21. The Cler is Ordered to assign the severed action a separate trial date as close in time as possible to the trial date set in the R16 Scheduling Order in the main action, taking into account the Court's schedule and the overlap of counsel in the now-separate actions. Deft Barnett's motion to bifurcate the trial of the claim between the individual officers and the municipal claims is Granted, however, the claims shall be tried back to back to the same jury. (signed by Judge Thomas J. McAvoy ) (wjg) (Entered: 09/17/2001)

Sept. 14, 2001
87

COURT Notice dtd 10/23/01 resetting Gonzalez/Fyvie Jury Trial for 9:30 AM on 12/3/01 in Binghamton , N.Y. The Frisbee jury trial is set for 9:30 AM on 12/17/01 in Binghamton, N.Y. (cml) (Entered: 10/23/2001)

Oct. 23, 2001

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 30, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male and female detainees sued city claiming they were strip searched pursuant to unconstitutional city policy

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Schenectady (Schenectady), City

City of Schenectady Police Department (Schenectady), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 2002 - 0

Issues

General:

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run