Case: Kaufman v. Rivera

1:95-cv-05667 | U.S. District Court for the Southern District of New York

Filed Date: July 31, 1995

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 31, 1995, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the City of New York in the United States Court for the Southern District of New York, Foley Square. Plaintiff, represented by private counsel, alleged that her Fourth, Fifth, and Fourteenth Amendment rights had been violated. Specifically, plaintiff claims that detention by courthouse personnel and a strip search in a semi-private bathroom violated her constitutional rights. On August 1, 1994, plaintiff, a landlord's…

On July 31, 1995, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the City of New York in the United States Court for the Southern District of New York, Foley Square. Plaintiff, represented by private counsel, alleged that her Fourth, Fifth, and Fourteenth Amendment rights had been violated. Specifically, plaintiff claims that detention by courthouse personnel and a strip search in a semi-private bathroom violated her constitutional rights.

On August 1, 1994, plaintiff, a landlord's attorney, was at Housing Court in the Bronx. Plaintiff grew impatient and repeatedly petitioned the Court for an immediate decision in her case, at which point the court officers handcuffed her. After holding her for two hours they released her, and she returned to the courtroom to address the court. She was then arrested and brought to a 'semi-private' bathroom and strip-searched. She was then arrested, taken to the criminal court, and released without being held.

On October 7, 1996, the Court (Judge John Keenan) denied the Defendant's motion to dismiss, finding that if the plaintiff's allegations were true, it would constitute unlawful imprisonment and an unreasonable search.

On April 20th, 1998, the case went to trial. The jury found that a search had occurred, but that it was objectively reasonable. They awarded the plaintiff nominal damages. The Court denied a motion for new trial on the issue of damages only on June 12, 1998. Plaintiff appealed.

On April 1, 1999, in a per curiam opinion, the Court of Appeals for the Second Circuit (Judge Joseph McLaughlin, Judge Damon Keith, Judge John Walker) affirmed the jury's verdict and the denial of the motion for a new trial on the issue of damages. The case was closed.

Summary Authors

Blase Kearney (5/7/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10515461/parties/kaufman-v-uco-rivera/


Judge(s)

Keenan, John Fontaine (New York)

Keith, Damon Jerome (Michigan)

McLaughlin, Joseph Michael (New York)

Attorney for Plaintiff
Attorney for Defendant

Hueston, Michael Oliver (New York)

Levy, Mindy A. (New York)

Documents in the Clearinghouse

Documents in this case

1:95-cv-05667

Docket [PACER]

Kaufman v. U.C.O. Rivera, et al

April 26, 1999

April 26, 1999

Docket

98-07888

Docket [PACER - 2nd Cir.]

Kaufman v. Rivera, et al

U.S. Court of Appeals for the Second Circuit

April 27, 1999

April 27, 1999

Docket
9

1:95-cv-05667

Opinion and Order

Oct. 7, 1996

Oct. 7, 1996

Order/Opinion

1996 WL 571871

38

1:95-cv-05667

Memorandum Opinion and Order

June 12, 1998

June 12, 1998

Order/Opinion

1998 WL 314744

98-07888

Opinion

U.S. Court of Appeals for the Second Circuit

April 1, 1999

April 1, 1999

Order/Opinion

173 F.3d 844

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10515461/kaufman-v-uco-rivera/

Last updated Sept. 28, 2026, 2:16 p.m.

Docket for: Kaufman v. U.C.O. Rivera
ECF Number Date Description Link
1 July 31, 1995

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 243608 (mb) (Entered: 08/02/1995)

RECAP
July 31, 1995

It is suggested that the case be classified as standard. Magistrate Judge Gershon is so Designated. (mb) (Entered: 08/02/1995)

PACER
July 31, 1995

It is suggested that the case be classified as standard. Magistrate Judge Gershon is so Designated. (mb)

3 Sept. 5, 1995

Affidavit of service of Summons and Complaint as to Gloria Torres by personal service on 8/24/95 (pl) (Entered: 09/14/1995)

RECAP
2 Sept. 7, 1995

Filed Memo_Endorsement on letter dated 8/18/95, answer due for 11/1/95 for Jane Poes, for Gloria Torres, for Carlos Rivera Jr., for U.C.O. John Does ( signed by Judge John F. Keenan ) (cd) (Entered: 09/13/1995)

RECAP
4 Nov. 3, 1995

Filed Memo_Endorsement on letter form Mindy A. Levy dated 10/31/95, ... requests that the pre-trial conference set for November 9, 1995 be adjourned pending a decision on defendants' motion to dismiss.. MS. LEVY IS DIRECTED TO NOTIFY ALL PARTIES THAT THE CONFEREENCE IS CANCELLED. SO ORDERED.( signed by Judge John F. Keenan ) (djc) (Entered: 11/15/1995)

RECAP
5 Nov. 3, 1995

NOTICE OF MOTION by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes for judgment on the pleadings pursuant to Rule 12(b) FRCP, Return date 11/22/95 (rag) (Entered: 11/17/1995)

RECAP
6 Nov. 3, 1995

MEMORANDUM by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes in support of [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP (rag) (Entered: 11/17/1995)

RECAP
7 Dec. 12, 1995

MEMORANDUM OF LAW by Stacy Kaufman in opposition to [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP (ae) (Entered: 12/15/1995)

RECAP
8 Aug. 5, 1996

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Pitman. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Daniel R. Williams, Jonathan C. Moore . (ba) (Entered: 08/12/1996)

RECAP
9 Oct. 7, 1996

OPINION AND ORDER # 77417 denying [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP....So Ordered...( Signed by Judge John F. Keenan ); Copies mailed. (pl) (Entered: 10/07/1996)

RECAP
10 Oct. 31, 1996

ANSWER to Complaint by Carlos Rivera Jr., Gloria Torres (Attorney Michael Oliver Hueston), ; Firm of: Dennis C. Vacco by attorney Michael Oliver Hueston (ls) (Entered: 10/31/1996)

RECAP
11 April 14, 1997

ORDER, the parties are to complete discovery in this case by 7/25/97, set pretrial conference for 9:45 a.m. 7/29/97. Mag-Judge Pitman will handle any discovery disputes between the parties. ( signed by Judge John F. Keenan ); Copies mailed (kg) (Entered: 04/14/1997)

RECAP
12 April 15, 1997

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Gen. Pretrial ( signed by Judge John F. Keenan ) Referred to Magistrate Judge Henry B. Pitman (kg) (Entered: 04/16/1997)

RECAP
13 July 16, 1997

SCHEDULING ORDER: discovery cutoff is 8/15/97; further extensions will not be granted except for extraordinary cause shown by affidavit; pretrial order to be submitted on or before 9/19/97; ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed (kw) (Entered: 07/18/1997)

RECAP
14 Sept. 22, 1997

Filed Memo-Endorsement on letter by Jonathan C. Moore dated 9/16/97, reset pretrial conference for 9:45 a.m. 9/30/97. The Court will address the issue of submission of a pre-trial order and a ready for trial date at that time (signed by Judge F. Keenan) (pl) (Entered: 09/23/1997)

RECAP
15 Dec. 1, 1997

Filed Memo-Endorsement on letter by Michael O. Hueston to Judge Keenan dated 10/23/97, in light of Plaintiff's counsel's 11/24/97 letter indicating no objection to this request, the Court directs that discovery may be reopened for the limited purpose of obtaining the criminal file of the Plaintiff in the case of The People of the State of New York v. Kaufman ( signed by Judge John F. Keenan ). (ae) (Entered: 12/02/1997)

RECAP
16 Dec. 30, 1997

Filed Memo-Endorsement on letter addressed to Judge Keenan from Michael O. Hueston dated 12/26/97, reset joint pretrial order due for 1/5/98 (signed by Judge John F. Keenan). (kg) (Entered: 12/30/1997)

RECAP
39 Jan. 5, 1998

JOINT PRETRIAL ORDER (sac) (Entered: 06/16/1998)

RECAP
17 Feb. 10, 1998

Proposed Voir dire questions by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes (cd) (Entered: 02/11/1998)

RECAP
18 Feb. 10, 1998

DEFTS' PRRETRIAL MEMORANDUM (cd) (Entered: 02/11/1998)

RECAP
19 March 13, 1998

ORDER; the Court sets this matter down for a firm trial date of 4/15/98 at 10:00 a.m. All voir dire requests are to be submitted to the Court by 4/8/98 ( signed by Judge John F. Keenan ); Copies mailed (sac) (Entered: 03/16/1998)

RECAP
20 March 25, 1998

Filed Memo-Endorsement on letter to Judge Keenan from Michael O. Hueston dated 3/23/98; counsel for defts advises the Court that although he does not object to pltff's request to adjourn trial from 4/15/98 to a time no sooner than 4/29/98, he cannot be available the week of 4/27/98. The firm trial date remains 4/15/98. Mr. Hueston is directed to inform all parties of this order ; ( signed by Judge John F. Keenan ) (ls) (Entered: 03/26/1998)

RECAP
21 March 26, 1998

TRIAL MEMORANDUM of LAW by Stacy Kaufman (djc) (Entered: 04/01/1998)

RECAP
22 March 26, 1998

Plaintiff's Proposed Jury instructions (djc) (Entered: 04/01/1998)

RECAP
23 March 26, 1998

Proposed Voir dire questions by Stacy Kaufman (djc) (Entered: 04/01/1998)

RECAP
24 April 10, 1998

Plaintiff's Amended Proposed Jury instructions No. 13 (djc) (Entered: 04/14/1998)

RECAP
April 15, 1998

Jury trial began on 4/15/98 before Judge Keenan. (sac) (Entered: 04/23/1998)

PACER
April 15, 1998

Jury trial began on 4/15/98 before Judge Keenan. (sac)

April 16, 1998

Jury trial held before Judge Keenan on 4/16/98. (sac) (Entered: 04/23/1998)

PACER
April 16, 1998

Jury trial held before Judge Keenan on 4/16/98. (sac)

April 17, 1998

Jury trial held before Judge Keenan on 4/17/98. (sac)

25 April 20, 1998

Pltff's Proposed Jury Interrogatories (ls) (Entered: 04/21/1998)

RECAP
26 April 20, 1998

Pltff's Proposed Amended Jury Instruction No. 14 (ls) (Entered: 04/21/1998)

RECAP
27 April 20, 1998

MEMORANDUM OF LAW by Stacy Kaufman in support of pltff's motion for jdgmt. as a mater of law purs. to F.R.C.P. 50 (ls) (Entered: 04/21/1998)

RECAP
28 April 20, 1998

Affidavit of service of a copy of the Pltff's Amended Proposed Jury Insturction No. 14, Pltff's Memorandum Of Law In Support Of Pltff's Motion For Jdgmt. As A Matter Of Law Purs. to F.R.C.P. 50, and Pltff's Proposed Jury Interrog's., by hand delivery upon Michael O. Hueston, Office of the Attny. General of the State of N.Y., 120 Bdwy., New York, N.Y. on 4/20/98 (ls) (Entered: 04/21/1998)

RECAP
April 20, 1998

Jury trial held before Judge Keenan on 4/20/98. (sac) (Entered: 04/23/1998)

PACER
April 20, 1998

Jury trial held before Judge Keenan on 4/20/98. (sac)

April 21, 1998

Jury trial concluded on 4/21/98. Court dismisses complaint as to defts: John Does and Jane Doe (sac) (Entered: 04/23/1998)

PACER
April 21, 1998

Jury trial concluded on 4/21/98. Court dismisses complaint as to defts: John Does and Jane Doe (sac)

29 April 23, 1998

MEMORANDUM of LAW by Stacy Kaufman in support of Plaintiff's Motion for Judgment as a Matter of Law Pursuant to FRCP 50 (djc) (Entered: 04/23/1998)

RECAP
30 April 23, 1998

Proposed Voir dire questions by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes (ls) (Entered: 04/23/1998)

RECAP
31 April 23, 1998

TRIAL MEMORANDUM OF LAW by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes on the Doctrine of Qualified Immunity (ae) (Entered: 04/23/1998)

RECAP
32 April 23, 1998

Court exhibit #1 - Jury Selection Procedure (ae) (Entered: 04/23/1998)

RECAP
33 April 23, 1998

Plntf's Jury instructions (cd) (Entered: 04/23/1998)

RECAP
34 April 23, 1998

Plaintiff's proposed jury instructions. (kw) (Entered: 04/23/1998)

RECAP
35 April 23, 1998

JUDGMENT, is rendered in favor of defts and the Court directs that this case be closed and removed from the Court's docket ( signed by Judge John F. Keenan ); Mailed copies and notice of right to appeal. (cd) Modified on 04/28/1998 (Entered: 04/24/1998)

RECAP
42 April 23, 1998

MEMORANDUM OF LAW by Stacy Kaufman re: The Applicability and Handling of the Doctrine of Qualified Immunity. (rag) (Entered: 07/10/1998)

RECAP
April 23, 1998

Case closed (cd) (Entered: 04/24/1998)

PACER
April 23, 1998

Case closed (cd)

36 April 24, 1998

NOTICE OF MOTION by Stacy Kaufman; for an order entering judgment in favor of the plaintiff as a matter of law upon her cause of action against defendant Sgt. Gloria Torres, pursuant to FRCP 50(a) ; for a new trial on the issue of damages only, pursuant to FRCP 50(b) ; or in the alternative, for an order granting plaintiff a new trial on the issue of whether the doctrine of qualified immunity applies in this case, pursuant to FRCP 50(b), Return date 5/5/98 (ae) (Entered: 04/27/1998)

RECAP
37 May 5, 1998

REPLY MEMORANDUM by Stacy Kaufman re: [36-1] motion for an order entering judgment in favor of the plaintiff as a matter of law upon her cause of action against defendant Sgt. Gloria Torres, pursuant to FRCP 50(a), [36-2] motion for a new trial on the issue of damages only, pursuant to FRCP 50(b) (cd) (Entered: 05/05/1998)

RECAP
38 June 12, 1998

MEMORANDUM OPINION AND ORDER #80741 denying [36-2] motion for a new trial on the issue of damages only, pursuant to FRCP 50(b); denying [36-3] motion for an order granting plaintiff a new trial on the issue of whether the doctrine of qualified immunity applies in this case, pursuant to FRCP 50(b); The Court directs that this case be closed and removed from the Court's docket Signed by Judge John F. Keenan); Copies mailed. (djc) (Entered: 06/15/1998)

RECAP
40 June 15, 1998

Letter addressed to Judge Keenan filed by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes, dated 5/4/98; Re: this letter is in opposition to pltff's motion purs. to FRCP, Rule 50(a), entering judgment as a matter of law against Sergeant Gloria Torres, or, in the alternative, for a new trial purs. to FRCP, Rules 50(b) and 59(b) (sac) (Entered: 06/16/1998)

RECAP
41 June 24, 1998

NOTICE OF APPEAL by Stacy Kaufman ; from [38-1] order The Court directs that this case be closed and removed from the Court's docket, [35-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record:iAtty. General, FeePd. $105.00, rec # 319207 . (as) (Entered: 06/25/1998)

RECAP
43 July 10, 1998

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [41-1] appeal by Stacy Kaufman on July 10, 1998. (dt) (Entered: 07/10/1998)

RECAP
44 Aug. 6, 1998

Transcript of record of proceedings filed before Judge Keenan for dates of 6/4/98 (sac) (Entered: 08/06/1998)

RECAP
45 Sept. 21, 1998

Transcript of record of proceedings filed before Judge Keenan for dates of April 15,16,17,20,21, 1998 (sac) (Entered: 09/22/1998)

RECAP
46 April 26, 1999

MANDATE OF USCA (certified copy) Re: affirmed [41-1] appeal by Stacy Kaufman. Attached statement of costs taxed in the amount of $100.94 in favor of appellees, Carlos Rivera, Jr. et ano. (98-7888) Carolyn Clark Campbell, Clerk, USCA. *(Docketed as a Judgment #99.0931 on April 26, 1999)*. (as) Modified on 04/27/1999 (Entered: 04/26/1999)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 31, 1995

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female attorney who was strip-searched in a "semi-private" bathroom in the courthouse after being arrested for disorderly conduct.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Several named and unnamed court officers

State

Bronx County Civil Court

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Southern District of New York 1:95-cv-05667

U.S. Court of Appeals for the Second Circuit 98-07888

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Strip search policy (facilities)

Policing:

Strip search policy (policing)

Recommended Citation