Case: Mason v. Village of Babylon

0:98-cv-04894 | U.S. District Court for the Eastern District of New York

Filed Date: July 27, 1998

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 27, 1998, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Village of Babylon, a Suffolk County Police Officer, the County of Suffolk, and the Babylon Village Court Clerk in the United States District Court for the Eastern District of New York. Plaintiff, represented by private counsel, requested damages, alleging false arrest, unconstitutional search, and denial of due process.On May 8, 1997, Defendant Officer arrested Plaintiff on an outstanding warrant for a traffic viol…

On July 27, 1998, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Village of Babylon, a Suffolk County Police Officer, the County of Suffolk, and the Babylon Village Court Clerk in the United States District Court for the Eastern District of New York. Plaintiff, represented by private counsel, requested damages, alleging false arrest, unconstitutional search, and denial of due process.

On May 8, 1997, Defendant Officer arrested Plaintiff on an outstanding warrant for a traffic violation and took her to the Second Precinct. Plaintiff alleged Defendant Court Clerk failed to carry out her duties because Plaintiff was arrested pursuant to a warrant that had been recalled on October 9, 1996, but had remained in the active warrant list. At the precinct, Defendant Officer searched Plaintiff. Plaintiff was asked to remove her clothing and reposition her underwear. Plaintiff alleged she was searched at the Fourth Precinct and the Central Islip courthouse but Plaintiff did not identify the officers who conducted these searches. Plaintiff alleged the officer searched her without reasonable suspicion that she concealed contraband. Plaintiff alleged the County was liable because the searches were performed pursuant to County policy.

The parties filed cross-motions for summary judgment on August 7, 2000.

On December 20, 2000, the District Court (Judge Leonard D. Wexler) granted summary judgment to Defendants on Plaintiff's false arrest and due process violation claims. The Court granted summary judgment to Plaintiff as to the illegality of her search. The Court held: (1) mistaken arrest on recalled warrant was not due process violation because a County employee must have been deliberately indifferent to Plaintiff's rights in order to be a Constitutional violation, rather than a mistake; (2) arresting officer had qualified immunity against false arrest claim because the officer acted pursuant to an arrest warrant; but (3) partial strip search violated Fourth Amendment, since neither nature of offense nor circumstances of arrest created suspicion that would justify the search. The Court left for trial issues of damages on strip-search, qualified immunity and municipal liability. The Court did not have sufficient information to decide whether the search was conducted pursuant to County policy. Mason v. Village of Babylon, 124 F.Supp.2d 807 (E.D.N.Y. 2000).

On November 30, 2001, the parties filed a stipulation of discontinuance, dismissing the case without costs or attorney's fees to either party. The case was closed on January 7, 2002.

Summary Authors

Shira Gordon (4/6/2012)

People


Judge(s)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Graseck, Arthur V. Jr. (New York)

Tenzer, Leslie (New York)

Attorneys(s) for Defendant

Cernitz, Henry J. (New York)

Ferretti, John R. (New York)

Zwilling, Arlene S. (New York)

Other Attorney(s)

Active

Judge(s)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Graseck, Arthur V. Jr. (New York)

Tenzer, Leslie (New York)

Attorneys(s) for Defendant

Cernitz, Henry J. (New York)

Ferretti, John R. (New York)

Zwilling, Arlene S. (New York)

Other Attorney(s)

Cimino, Robert J. (New York)

Documents in the Clearinghouse

Document

0:98-cv-04894

Docket [PACER]

Jan. 7, 2002

Jan. 7, 2002

Docket
42

0:98-cv-04894

Opinion

Mason v. Village of Babylon, New York

124 F.Supp.2d 807

Dec. 20, 2000

Dec. 20, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Village of Babylon, Elizabeth A. Meyer, Babylon Village Ct., Laurie Ann McManus, New York Police Dept, Suffolk County, NY FILING FEE $ 150.00 RECEIPT # 7854 (Mierzewski, Liz) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

2

ANSWER to complaint and CROSSCLAIM by Village of Babylon against Elizabeth A. Meyer, Babylon Village Ct., Laurie Ann McManus, New York Police Dept, Suffolk County, NY (Mierzewski, Liz) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

3

Disclosure of interested parties by Village of Babylon (Mierzewski, Liz) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

4

ANSWER to Complaint by Laurie Ann McManus, Suffolk County, NY (Mierzewski, Liz) (Entered: 08/18/1998)

Aug. 18, 1998

Aug. 18, 1998

6

ANSWER by Laurie Ann McManus, Suffolk County, NY to [2-2] cross claim (Mierzewski, Liz) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

7

AMENDED ANSWER to Complaint by Village of Babylon : amends [2- 1] answer; jury demand (Mierzewski, Liz) (Entered: 10/01/1998)

Oct. 1, 1998

Oct. 1, 1998

8

ANSWER by Laurie Ann McManus, Suffolk County, NY to amended cross complaint (Warner, Pam) (Entered: 10/13/1998)

Oct. 8, 1998

Oct. 8, 1998

9

ORDER, set status conference for 4:30 1/14/99 before Magistrate Michael L. Orenstein ( signed by Magistrate Michael L. Orenstein ) dtd 12/21/98 cm (Mierzewski, Liz) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

10

Calendar entry: Before Magistrate Judge Orenstein dtd 1/14/99 Case called for initial conference. (Mierzewski, Liz) (Entered: 01/19/1999)

Jan. 14, 1999

Jan. 14, 1999

11

SCHEDULING ORDER setting Discovery cutoff 8/15/99 ; Pretrial conference for 10:30 8/20/99 ; ( signed by Magistrate Michael L. Orenstein ) dtd 1/14/99 (Mierzewski, Liz) (Entered: 01/19/1999)

Jan. 19, 1999

Jan. 19, 1999

12

ORDER, that all parties are to appear for a conference on 8/25/99 @10:30 ( signed by Magistrate-Judge Michael L. Orenstein , on 7/30/99) cm (Mierzewski, Liz) (Entered: 08/03/1999)

Aug. 3, 1999

Aug. 3, 1999

13

ORDER, set discovery due for 3:00 10/15/99 ( signed by Magistrate- Judge Michael L. Orenstein , on 8/10/99) (Mierzewski, Liz) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

14

ORDER, for stip of confidentiality ( signed by Judge Leonard D. Wexler , on 8/27/99) (Mierzewski, Liz) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

15

Calendar entry: Before Magistrate Judge Orenstein dtd 10/22/99 Case called for Pretrial conference. Discovery completed by 12/15/99. Next conf. 12/21/99 @3:30. (Mierzewski, Liz) (Entered: 10/26/1999)

Oct. 22, 1999

Oct. 22, 1999

16

ORDER, stip of confidentiality ( signed by Judge Leonard D. Wexler , on 11/8/99) (Mierzewski, Liz) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

17

Calendar entry: Before Magistrate Judge Orenstein dtd 1/10/00 Case called for status conference. Tape #2000-4(2168-3307). Joint pretrial order filed by 3/3/00 with Mag. Orenstein. Pltff 2/7/00, Serve pltff by 2/23/00. (Mierzewski, Liz) (Entered: 01/11/2000)

Jan. 10, 2000

Jan. 10, 2000

18

Letter MOTION by Renee Mason requesting a conf , Motion hearing (McMahon, Carol) (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

19

RESPONSE by Suffolk County, NY, Laurie Ann McManus to [18-1] motion requesting a conf; it is my understanding that pursuant to this Court's order of 1/10/00, discovery is closed, except that the Village dfts could depose "Iris" of the Suffolk County warrant squad; accordingly, pltf may not request further discovery from the County (McMahon, Carol) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

21

LETTER dated 4/19/00 from Linda Johnston to Leslie Tenzer; re: enclosed please find your ltr dtd 4/14/00 and a copy of "Pltf's Proposed Pre-trial Order" which was annexed; submission is not a "Joint Pretrial Order"; directed to return your submission; submit the proposed joint pretrial order in accordance with Judge Wexler's requirements and Judge Orenstein's 3/29/00 Order (McMahon, Carol) (Entered: 04/20/2000)

April 19, 2000

April 19, 2000

22

LETTER dated 4/19/00 from John R. Ferretti to Orenstein, M.; re: office is in receipt of a ltr of Leslie Tenzer dtd 4/14/00 requesting that the matter be set down for a further conf by the court; this office joins with this request; witness named "Iris" has not yet been produced for a deposition despite 2 requests for her production (McMahon, Carol) (Entered: 05/09/2000)

May 9, 2000

May 9, 2000

23

ORDER, in accordance with this Court's order dtd 3/27/00, this action is placed upon Judge Wexler's trial calendar w/o submission of a joint pre- trial order; that the deft., County of Suffolk, is precluded from producing "Iris" of the Suffolk County warrant squad as a witness ( signed by Magistrate Michael L. Orenstein on 5/24/00) c/m (Mierzewski, Liz) Modified on 06/20/2000 (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

24

Letter MOTION by Suffolk County, NY, Laurie Ann McManus to vacate [23-1] order that the deft., County of Suffolk, is precluded from producing "Iris" of the Suffolk County warrant squad as a witness , Motion hearing (McMahon, Carol) Modified on 06/20/2000 (Entered: 06/06/2000)

June 6, 2000

June 6, 2000

25

ORDER, granting [24-1] motion to vacate [23-1] order that the deft., County of Suffolk, is precluded from producing "Iris" of the Suffolk County warrant squad as a witness, upon the condition that "Iris" was presented for depo on 6/2/00 as set forth in the movant's 5/30/00 ltr; action remains on Judge Wexler's trial calendar ( signed by Magistrate Michael L. Orenstein on 6/19/00 ) c/m (McMahon, Carol) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

26

Calendar entry: Before Judge Wexler dtd 6/22/00 Case called for Conference. Conference held. Discovery completed. Case marked ready for trial. Jury. Trial Sept. 2000. (Mierzewski, Liz) (Entered: 06/22/2000)

June 22, 2000

June 22, 2000

69

LETTER dated 7/13/00 from Arlene S. Zwilling to Judge Wexler RE: The County of Suffolk and Police Officer Laurie McManus, two of the dfts in this action, hereby request permission to move for summary judgment. (Valle, Christine) (Entered: 01/24/2002)

July 17, 2000

July 17, 2000

68

LETTER dated 7/19/00 from Henry J. Cernitz to Judge Wexler RE: The dfts, The Village of Babylon and Elizabeth Meyer, hereby request permission to move for summary judgment in this action pursuant to Rule 56. (Valle, Christine) (Entered: 01/08/2002)

July 20, 2000

July 20, 2000

27

Calendar entry: Before Judge Wexler dtd 7/25/00 Case called for Conference. All parties present. Conf. held. Discovery completed. Case marked ready for trial. Jury. Defts to file motion for summary judgment. Case marked ready for trial. Trial end of Sept or later. (Mierzewski, Liz) (Entered: 08/01/2000)

July 25, 2000

July 25, 2000

29

MOTION by Suffolk County, NY, Laurie Ann McManus for summary judgment pursuant to Rule 56 , Motion hearing Motion file stamped: 10/4/00 and mailed/served: 8/7/00 (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

31

AFFIRMATION by Arlene Zwilling Suffolk County, Laurie Ann McManus in support of [29-1] motion for summary judgment pursuant to Rule 56 (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

32

MEMORANDUM by Suffolk County,Laurie Ann McManus in support of [29-1] motion for summary judgment pursuant to Rule 56 (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

33

AFFIDAVIT by Leslie Tenzer for Renee Mason in opposition to [29-1] motion for summary judgment pursuant to Rule 56 (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

34

MOTION by Elizabeth A. Meyer, Village of Babylon for summary judgment dismissing the complaint and all cross claims against the Village of Babylon and Elizabeth Meyer , Motion hearing Motion file stamped: 10/4/00 and mailed/served: 8/7/00 (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

35

AFFIRMATION by Henry Cernitz for Elizabeth A. Meyer, Village of Babylon in support of [34-1] motion for summary judgment dismissing the complaint and all cross claims against the Village of Babylon and Elizabeth Meyer (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

36

Rule 56.1 Statement(formerly Rule 3(g) by Elizabeth A. Meyer, Village of Babylon re: [34-1] motion for summary judgment dismissing the complaint and all cross claims against the Village of Babylon and Elizabeth Meyer (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

37

REPLY AFFIRMATION by Henry Cernitz for Elizabeth A. Meyer, Village of Babylon in support of [34-1] motion for summary judgment dismissing the complaint and all cross claims against the Village of Babylon and Elizabeth Meyer (Branciforte, Ralph) (Entered: 12/14/2000)

Aug. 7, 2000

Aug. 7, 2000

CASE NO LONGER REFERRED TO Magistrate Michael L. Orenstein (McMahon, Carol) (Entered: 09/19/2000)

Sept. 19, 2000

Sept. 19, 2000

30

Rule 56.1 Statement(formerly Rule 3(g) by Suffolk County, Laurie Ann McManus re: [29-1] motion for summary judgment pursuant to Rule 56 (Branciforte, Ralph) (Entered: 12/14/2000)

Oct. 4, 2000

Oct. 4, 2000

Endorsed order granting [28-1] motion to extend time to file an opposition to Suffolk County's summary judgment motion until 10/30/00 ( Signed by Judge Leonard D. Wexler , on 10/19/00) EOD# 28 CM (Branciforte, Ralph) (Entered: 10/20/2000)

Oct. 19, 2000

Oct. 19, 2000

38

CROSS MOTION by Renee Mason for summary judgment and directing that this matter be set down for an inquest. Motion hearing (Branciforte, Ralph) (Entered: 12/20/2000)

Nov. 17, 2000

Nov. 17, 2000

39

Rule 56.1 Statement(formerly Rule 3(g) by Renee Mason re: [38-1] cross motion for summary judgment (Branciforte, Ralph) (Entered: 12/20/2000)

Nov. 17, 2000

Nov. 17, 2000

40

AFFIRMATION by Leslie Tenzer for Renee Mason in support of [38-1] cross motion for summary judgment and in opposition to the summary judgment motion by defendants McManus and County of Suffolk. (Branciforte, Ralph) (Entered: 12/20/2000)

Nov. 17, 2000

Nov. 17, 2000

41

MEMORANDUM by Renee Mason in support of [38-1] cross motion for summary judgment (Branciforte, Ralph) (Entered: 12/20/2000)

Nov. 17, 2000

Nov. 17, 2000

42

MEMORANDUM and ORDER Defense motion to dismiss the claims alleging false arrest and due process violations is granted. Plaintiff's motion for summary judgment as to the illegality of the search is granted. The parties will proceed to trial on the issue of damages attributable to this claim as well as the issues of qualified immunity and municipal liability. ( signed by Judge Leonard D. Wexler , on 12/20/00) CM (Branciforte, Ralph) (Entered: 12/27/2000)

Dec. 20, 2000

Dec. 20, 2000

43

Calendar entry: Before Judge Wexler dtd 1/4/01 Case called for Pre-trial conference. All parties present. Pre-trial held. Jury selection 2/2/00. Pltff to file motion to re-argue on 1/1/01. Deft. to respond in 10 days. Trial February 2001. (Mierzewski, Liz) (Entered: 01/04/2001)

Jan. 4, 2001

Jan. 4, 2001

44

MOTION by Renee Mason for reargument of the court's [42-1] 12/20/00 order , Motion hearing (Branciforte, Ralph) (Entered: 01/18/2001)

Jan. 16, 2001

Jan. 16, 2001

45

AFFIDAVIT by Leslie Tenzer for Renee Mason in support of [44-1] motion for reargument of the court's [42-1] 12/20/00 order (Branciforte, Ralph) (Entered: 01/18/2001)

Jan. 16, 2001

Jan. 16, 2001

46

CROSS MOTION by Suffolk County, NY, Laurie Ann McManus for partial reargument of the court's 12/20/00 [42-1] order , Motion hearing (Branciforte, Ralph) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

47

AFFIDAVIT by Arlene Zwilling for Suffolk County, NY, Laurie Ann McManus in support of the [46-1] cross motion for partial reargument of the court's 12/20/00 [42-1] order, and in opposition to plaintiff's [44-1] motion for reargument of the court's [42-1] 12/20/00 order (Branciforte, Ralph) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

49

AFFIDAVIT by Laurie Ann McManus in support of the [46-1] cross motion for partial reargument of the court's 12/20/00 [42-1] order (Branciforte, Ralph) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

50

MEMORANDUM by Suffolk County, NY, Laurie Ann McManus in support of [46-1] cross motion for partial reargument of the court's 12/20/00 [42-1] order, and in opposition to plaintiff's [44-1] motion for reargument of the court's [42-1] 12/20/00 order (Branciforte, Ralph) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

51

MEMORANDUM and ORDER Denying the cross-motions for reconsideration of the court's 12/20/00 order. ( signed by Judge Leonard D. Wexler , on 4/4/01) CM (Branciforte, Ralph) (Entered: 04/06/2001)

April 4, 2001

April 4, 2001

52

STIPULATION and ORDER, substituting attorney terminated attorney Leslie Tenzer for Renee Mason Added Arthur V. Graseck Jr. ( signed by Judge Leonard D. Wexler , on 5/10/01) CM (Branciforte, Ralph) (Entered: 05/15/2001)

May 10, 2001

May 10, 2001

Settlement conference held (Imrie, Robert) (Entered: 05/30/2001)

May 23, 2001

May 23, 2001

53

Calendar entry: before Judge Carman on 5/23/01 at 9:00 a.m. Civil Cause for Settlement Conference held. Appearances: for pltf- Arthur V. Graseck; for deft- Arlene S. Zwilling. Case called. Counsel for all sides present. Next conference to be set. (Imrie, Robert) (Entered: 05/30/2001)

May 23, 2001

May 23, 2001

Settlement conference held (Imrie, Robert) (Entered: 06/13/2001)

May 23, 2001

May 23, 2001

56

Calendar entry: before Visiting Judge Carman on 5/23/01 at 9:00 a.m. Civil Cause for Settlement Conference held. Appearances: for pltf- Arthur V. Graseck Jr.; for deft- Arlene S. Zwilling. Counsel for all sides are present and settlement discussions are held. Next conference date to be set. (Imrie, Robert) (Entered: 06/13/2001)

May 23, 2001

May 23, 2001

54

LETTER dated 5/29/01 from Arlene Zwilling to Arthur Graseck RE: Enclosing Defendant's Rule 68 Offer of Judgment. (Branciforte, Ralph) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

55

LETTER dated 6/8/01 from Arthur Graseck to Arlene Zwilling RE: Enclosing Plaintiff's motion to reargue to restore "Jane Doe" as a Defendant and the County of Suffolk as the entity responsible for her alleged conduct. I propose the following briefing schedule: moving papers today; opposition by 6/22/01; reply by 6/28/01; filing by 6/19/01. (Branciforte, Ralph) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

57

CROSS MOTION by Laurie Ann McManus opposing pltff's motion for reargument and for an order granting deft. McManus qualified immunity , Motion hearing [57-1] cross motion (Mierzewski, Liz) (Entered: 06/29/2001)

June 27, 2001

June 27, 2001

59

MEMORANDUM by Laurie Ann McManus in support of [57-1] cross motion opposing pltff's motion for reargument and for an order granting deft. McManus qualified immunity (Mierzewski, Liz) (Entered: 06/29/2001)

June 27, 2001

June 27, 2001

CASE reassigned to Judge Frederic Block from Judge Leonard D. Wexler. Parties notified. (Bowens, Priscilla) (Entered: 07/13/2001)

July 2, 2001

July 2, 2001

60

MOTION by Renee Mason to reargue , Motion hearing [60-1] motion Motion file stamped: 7/25/02 and mailed/served: 6/20/01. w/attachments. (Dobkin, David) (Entered: 07/30/2001)

July 25, 2001

July 25, 2001

61

MEMORANDUM of law by Renee Mason in support of [60-1] motion to reargue. (Dobkin, David) (Entered: 07/30/2001)

July 25, 2001

July 25, 2001

62

AFFIDAVIT of Arthur Graseck, Jr. in further support of Re: [60-1] motion to reargue. (Dobkin, David) (Entered: 07/30/2001)

July 25, 2001

July 25, 2001

63

MEMORANDUM and ORDER terminating [60-1] motion to reargue, denying [57-1] cross motion opposing pltff's motion for reargument and for an order granting deft. McManus qualified immunity. No party has demonstrated the presence or either facts or law to persuade this court to reconsider any ruling made in either the disposition of the motion for summary judgment, the December 20th order or the April 4th order. The clerk is directed to terminate these motions. The parties shall proceed to trial in accordance with the trial schedule of Judge Block. ( signed by Judge Leonard D. Wexler, on 8/6/01) c/m (Montero, Edher) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

64

NOTICE of pretrial conference set for 9/21/01 at 11:00a.m. before Judge Block. Sent to all parties by Michael Innelli. Dated 8/27/01. (Dobkin, David) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

65

Calendar entry:Before Judge Block on 9/21/01 at 1:00p.m. Case called for a premotion conference by telephone. Case called. All counsel present. Conference held. JUdge Block returns the case back to Judge Wexler. Will not try case in Brooklyn. (Dobkin, David) (Entered: 09/25/2001)

Sept. 21, 2001

Sept. 21, 2001

CASE reassigned to Judge Joanna Seybert from Judge Frederic Block. Parties notified. (Bowens, Priscilla) (Entered: 10/01/2001)

Sept. 24, 2001

Sept. 24, 2001

66

LETTER dated 10/22/01 from Chambers of Judge Seybert to Arlene S. Zwilling, Esq. RE: Stipulation of discontinuance, dated 10/11/01 is being returned to you without docketing of filing for the following reason: Stipulation must be signed by all parties who have appeared in the action, pursuant to Rule 41(a). Upon compliance, you may refile. (Valle, Christine) (Entered: 10/26/2001)

Oct. 22, 2001

Oct. 22, 2001

67

STIPULATION of discontinuance; that this action is dismissed and discontinued with prejudice as against defts County of Suffolk, Police Officer Laurie Ann McManus, Police Matron shield no. 108, without costs or attorney's fees to either party. ( Signed by Judge Joanna Seybert, dated: 11/30/01 ) c/m (Fagan, Linda) (Entered: 12/05/2001)

Nov. 30, 2001

Nov. 30, 2001

Case closed (Mierzewski, Liz) (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 27, 1998

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female arrestee taken into custody based on a warrant that was later recalled. Was allegedly strip-searched without reasonable suspicion of contraband.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Village of Babylon, City

New York Police Department (New York City), City

Suffolk County (Suffolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Order Duration: 2002 - 0

Issues

General:

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run