Case: Murcia v. Orange County

7:00-cv-01325 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 2, 2000

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On February 2, 2000, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the City of Newburgh and Orange County, New York in the United States Court for the Southern District of New York, White Plains Division. The plaintiff, represented by private counsel asked the court for damages, alleging that his Fourth Amendment rights had been violated, along with state tort law claims. Specifically, plaintiff alleged that the blanket strip search policy of strip violated his constitutional rights.…

On February 2, 2000, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the City of Newburgh and Orange County, New York in the United States Court for the Southern District of New York, White Plains Division. The plaintiff, represented by private counsel asked the court for damages, alleging that his Fourth Amendment rights had been violated, along with state tort law claims. Specifically, plaintiff alleged that the blanket strip search policy of strip violated his constitutional rights.

On February 19, 1999, Plaintiff was arraigned because he had been arrested during a routine traffic stop. The arresting officers had run his license and discovered an outstanding federal warrant from the State of Florida. The warrant was not for the plaintiff, but instead for another person with the same name. Plaintiff was held at the Orange County Correctional Facility while awaiting transfer of custody to the U.S. Marshals. Plaintiff was strip-searched three times: once upon arrival as part of a blanket policy of searching all arriving detainees; once in a 'bullpen' when officer suspected someone in the bullpen had cigarettes; and once prior to transfer to the U.S. Marshals on February 22.

On October 2, 2002, the Court (Judge Colleen McMahon) found the sheriff of Orange County was entitled to qualified immunity from damages in regard to the first of the three strip searches, but that material questions of fact remained on whether or not reasonable suspicion existed to justify the second and third strip searches.

The case settled just before trial on May 15, 2006. We have no further information on the details of the settlement. The case was formally dismissed on September 6, 2006.

Summary Authors

Blase Kearney (5/7/2012)

Related Cases

Dodge v. Orange County, Southern District of New York (2002)

People


Judge(s)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Gersowitz, Stephen H. (New York)

Attorneys(s) for Defendant

Bartlett, Catherine M. (New York)

Berson, Marilyn D. (New York)

Fedorchak, James M. (New York)

Golden, Richard B. (New York)

Posner, David L. (New York)

Roesch, George F. III (New York)

Sanabria , Christina M. (New York)

Judge(s)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Gersowitz, Stephen H. (New York)

Attorneys(s) for Defendant

Bartlett, Catherine M. (New York)

Berson, Marilyn D. (New York)

Fedorchak, James M. (New York)

Golden, Richard B. (New York)

Posner, David L. (New York)

Roesch, George F. III (New York)

Sanabria , Christina M. (New York)

Documents in the Clearinghouse

Document

7:00-cv-01325

Docket [PACER]

Murcia v. County of Orange

Sept. 6, 2006

Sept. 6, 2006

Docket
66

7:00-cv-01325

Memorandum Decision and Order Disposing of Cross-Motions for Summary Judgment

Murcia v. County of Orange

226 F.Supp.2d 489

Oct. 4, 2002

Oct. 4, 2002

Order/Opinion

Resources

Docket

Last updated May 28, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 367122. (bm) (Entered: 02/24/2000)

Feb. 22, 2000

Feb. 22, 2000

2

RULE 1.9 CERTIFICATE filed by Jaime Murcia . (bm) (Entered: 02/24/2000)

Feb. 22, 2000

Feb. 22, 2000

Magistrate Judge Katz is so Designated. (bm) (Entered: 02/24/2000)

Feb. 22, 2000

Feb. 22, 2000

3

ANSWER to Complaint by County of Orange (Attorney George F. Roesch III from the Firm: MacVean Lewis Sherwin & McDermott, PC). (lam) (Entered: 06/21/2000)

June 15, 2000

June 15, 2000

3

CROSSCLAIM by County of Orange against City of Newburgh, John Perez, PO's currently unk. (lam) (Entered: 06/21/2000)

June 15, 2000

June 15, 2000

4

Memo-Endorsement on letter addressed to Judge Knapp from Monte J. Rosenstein, atty for the City of Newburgh and P.O. John Perez, dated 6/9/00; in accordance with the Rules for the Division of Business Among District Judges, Southern District, Rule 21 & 22, as applied to the facts of this case, we hereby sua sponte transfer this case to the White Plains Courthouse ( signed by Judge Whitman Knapp ); Copies mailed. (copy of doc. sent to the assignment clerk) (lam) Modified on 06/29/2000 (Entered: 06/28/2000)

June 23, 2000

June 23, 2000

7

Notice of reassignment to Judge Colleen McMahon. Copy of notice and judge's rules mailed to Attorney(s) of record: Edward H. Gersowitz. (em) (Entered: 07/10/2000)

July 5, 2000

July 5, 2000

7

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Mark D. Fox. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney (s) of record: Edward H. Gersowitz. (em) (Entered: 07/10/2000)

July 5, 2000

July 5, 2000

5

Affidavit of service as to City of Newburgh by Lorene Vitek on 6/1/00; Answer due on 6/21/00 for City of Newburgh. (ri) (Entered: 07/10/2000)

July 7, 2000

July 7, 2000

6

Affidavit of service as to County of Orange by Donna E. Roe, Clerk on 6/1/00; Answer due on 6/21/00 for County of Orange. (ri) (Entered: 07/10/2000)

July 7, 2000

July 7, 2000

8

ORDER Re Scheduling and Initial Pretrial Conference...This action having been assigned to me for all purposes, it is hereby, Ordered as follows: 1) Counsel receiving this order shall promptly mail copies hereof to all counsel of record or, in the case of parties for which no appearence has been made, to suc parties. 2) Counsel for all parties are directed to confer reguarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six months from the date of this order, counsel shall sign and file within fourty-five days from the date hereof a consent order in the form annexed for consideration ny the Court. The trial ready date shall be left blank.m If such consent order is not filed within the time provided, a conference will be held on 9/8/00 in courtroom 521, 300 Quarropas Street, White Plains, NY 10601 at 11:15 a.m. 3) Any party desiring a conference with the Court for purposes of discussing settlement, narrowing of issues, or other pertinent pretrial matters may request a conference by letter. 4) Parties are to follow the attached individual practice rules . ( signed by Judge Colleen McMahon ); Copies mailed. (fk) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

9

CONSENT SCHEDULING ORDER: No additional parties may be joined after 9/1/00; No amendments to pleadings after 11/30/00; All discovery shall be completed by 12/30/00; plntffs deposition shall proceed first and must be completed by 10/15/00; A joint pretrial order in the form prescribed in Judge McMahon's individual rules shall be filed by 1/21/01, together with any in limine motions and memos of law; Responses to in limine motions by 2/28/01; So ordered:( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 09/08/2000)

Sept. 8, 2000

Sept. 8, 2000

10

Memo-Endorsement on letter addressed to USDJ McMahon from Edward Gersowitz, dated October 13, 2000. Re: request that this Court grant a limited departure from the Consent Scheduling Order previously entered... we seek to adjourn plntff's deposition to 11/3/00...ENDORSMENT: So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 10/20/2000)

Oct. 19, 2000

Oct. 19, 2000

11

REVISED SCHEDULING ORDER: No additional parties may be joined after September 30, 2000. All remaining discovery, including depositions of defendant's and responses to interrogatories shall be completed on or before 02/15/00. A Joint Pre-Trial Order in the form prescibed by Judge McMahon's individual rules shall be filed on or before March 15, 2001, together with any In Limine Motions and Memos of law. Responses to In Limine Motions, if any, shall be filed by April 16, 2001. No Motion for Summary Judgment shall be served after the deadline fixed for submission of the Pre-Trial Order. Endorsement: CM (signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 02/05/2001)

Feb. 5, 2001

Feb. 5, 2001

12

Memo-Endorsement on letter addressed to Judge McMahon from George F. Roesch, II, dated 03/14/01. Re: Application for a brief extenison of the deadline for submission of the Joint Pretrial Order to March 30, 2001. ENDORSED: Granted - But No More. CM ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 03/16/2001)

March 15, 2001

March 15, 2001

13

NOTICE OF MOTION by City of Newburgh, John Perez for partial summary judgment pursuant to FRCvP 56 and 12(b) and dismissing that portion of the Complaint relating to a claim of false arrest . No Return date. (kz) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

14

MEMORANDUM OF LAW by City of Newburgh, John Perez re: [13-1] motion for partial summary judgment pursuant to FRCvP 56 and 12(b) and dismissing that portion of the Complaint relating to a claim of false arrest . (kz) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

15

Memo-Endorsement on letter addressed to USDJ McMahon from George F. Roesch III, dated 3/29/01. Re: motion for summary jgmnt...ENDORSEMENT: I don't understand what your problem is-my rules are quite clear. Anyone can make a summary judgment motion until the due date for the pre-trial order. No one can move after that date. Making a motion does not defer the filing of the pre-trial order. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 04/03/2001)

April 2, 2001

April 2, 2001

16

Proposed Voir Dire Questions by Jaime Murcia (dc) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

17

Proposed Voir Dire Questions by County of Orange (dc) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

18

Request to charge by County of Orange (dc) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

19

PRETRIAL MEMORANDUM OF LAW ON BEHALF OF DEFENDANT COUNTY OF ORANGE: The County of Orange cannot be held liable for the alleged acts or ommissions of the Sheriff or his deputies, and the the complaint should be dismissed as to the County. In the alternative, the personal hygiene search conducted at Orange County Jail did not violate plaintiff's fourth amendment constitutional rights. Finally, the acts giving rise to this action were not done pursuant to an official policy of deft., County of Orange. (dc) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

20

Memo-Endorsement on letter addressed to USDJ McMahon from Edward H. Gershowitz, dated 3/30/01. Re: We regret the absence of Dft Orange County from the Joint Pretrial Order...ENDORSEMENT: Orange County is in default as far as I am concerned-I do not accept partial pretral orders or separate sumissions. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

21

Letter filed addressed to Judge McMahon from George Roesch III, dated 4/5/01, . (dh) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

22

Memo-Endorsement on letter addressed to Judge McMahon from George Roesch, III, dated 4-16-01. Re: clairification of 4-13-01 letter. Just consolidate the orders. . ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 04/17/2001)

April 16, 2001

April 16, 2001

23

Letter filed by Jaime Murcia addressed to Judge McMahon from Edward H. Gersowitz Esq., dated 4/12/01, re: extension to file opposition. (ad) (Entered: 04/20/2001)

April 17, 2001

April 17, 2001

24

Letter filed by County of Orange addressed to Judge McMahon from George F. Roesch III, dated 4/17/01, re: Plaintiff's Request for an extension to file opposition papers to the summary judgment motion. (ad) (Entered: 04/20/2001)

April 17, 2001

April 17, 2001

25

BRIEF by Jaime Murcia re: [13-1] motion for partial summary judgment pursuant to FRCvP 56 and 12(b) and dismissing that portion of the Complaint relating to a claim of false arrest (ad) (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

26

Memorandum to Docket Clerk: Telephone conference held. 1. 1983 claim limited to strip search, false arrest allegations dropped, 2. plaintiff to move to add Sheriff Frank Bigger as a party, Defendant motion will be opposed. (dh) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

27

JOINT PRETRIAL ORDER filed (UNSIGNED) (pf) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

28

ORDER denying [13-1] motion for partial summary judgment pursuant to FRCvP 56 and 12(b) and dismissing that portion of the Complaint relating to a claim of false arrest. 1. The City of Newburgh's Motion to dismiss plaintiff's claim brought under 42 USC:1983 is denied. However, based on concessions made by plaintiff, that claim is limited to a claim that palintiff's constitutional rights were violated when he stripped searched following his arrest pursuant to a valid warrant. Plaintiff's complaint is deemed amended to drop allegations of false arrest. 2. Plaintiff has leave to move to add Orange County Sheriff Frank Bigger as a party deft. The Court is given to understand that the motion will be opposed, and no one should construe this grant of permission to move as any indication of how the Court will rule on the Motion. ENDORSED: CM ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

29

CALENDAR NOTICE: Please take notice that the action has been scheduled for a final pre-trial conference before the Hon. Colleen McMahon, USDJ, on Friday, 10/19/01 at 10:00 a.m. in courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains. NY. Counsel should be prepared to proceed to trial before Judge McMahon on Mondat, 11/5/01 at 9:30 a.m. in Courtroom 521, U.S. District Court, 300 Quarropas St., white Plains, NY ... ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/31/2001)

July 27, 2001

July 27, 2001

30

Memo-Endorsement on letter addressed to USDJ McMahon from Edward Gersowitz, dated 9/25/01. Re: ...requested that this Court permit plntff to serve the previously discussed motion by 10/1/01. In addition, it is furtehr requested that this Court grant a brief postponment of both the Pretrial Conference and Trial of this matter...ENDORSEMENT: Granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 09/28/2001)

Sept. 25, 2001

Sept. 25, 2001

31

Memo-Endorsement on letter addressed to USDJ McMahon from Edward Gersowitz, dated 10/12/10. Re: adjournment of pending matters...new counsel has been retained for the City...ENDORSEMENT: Granted-please understand this case was slated for trial in November, New counsel will have no more than 60 days to be ready for trial. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 10/15/2001)

Oct. 15, 2001

Oct. 15, 2001

32

NOTICE OF MOTION by Jaime Murcia for leave to file Amended Complaint to Name Orange County Sheriff H. Frank Bigger as a Deft. , for leave to file Amended Complaint to clarify those allegations against deft's giving rise to liability under 42 USC 1983 . Return date 11/29/01. (dc) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

33

NOTICE OF SUBSTITUTION OF ATTORNEY for City of Newburgh, John Perez, PO's currently unk. Added attorney Marilyn D. Berson. IT IS HEREBY CONSENTED THAT the City of Newburgh Coporation Counsel, Marilyn D. Berson, be substituted in place of and in stead of Monte J. Rosenstein, as the attorney for the deft's, City of Newburgh, Police officer John Perez and Police officers Currently unknown in the above entitled action as of the date hereof. SO ORDERED: (Colleen McMahon, USDJ). (dc) Modified on 10/24/2001 (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

34

NOTICE OF SUBSTITUTION OF ATTORNEY for City of Newburgh. (Terminated attorney Marilyn D. Berson for City of Newburgh ) Added attorney David L. Posner. IT IS HEREBY CONSENTED THAT the law firm of McCabe & Mack, 63 Washington Street, Poughkeepsie, NY 12601 be substituted in place and stead of the Corporation Counsel, Marilyn D. Berson, as the attorneys for the deft's, The City of Newburgh, in the above entitled action as of the date hereof. SO ORDERED: (Colleen McMahon, USDJ) (dc) Modified on 10/24/2001 (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

35

NOTICE OF SUBSTITUTION OF ATTORNEY for John Perez, PO's currently unk. . (Terminated attorney Marilyn D. Berson for PO's currently unk., attorney Marilyn D. Berson for John Perez ) Added attorney Richard B. Golden. IT IS HEREBY CONSENTED THAT the law firm of Burke, Miele & Golden, LLP, 30 Mathews Street, Suite 303A, Goshen, NY 10924 be substituted in place and in stead of the Corporation Counsel, Marilyn D. Bearson, as the attorneys for the deft's, Police Officer John Perez and Police Officers unknown, in the above entitled action as of the date hereof. SO ORDERED: (signed by: Colleen McMahon, USDJ). (dc) (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

38

MEMORANDUM OF LAW by City of Newburgh in opposition to [32- 1] motion for leave to file Amended Complaint to Name Orange County Sheriff H. Frank Bigger as a Deft., [32-2] motion for leave to file Amended Complaint to clarify those allegations against deft's giving rise to liability under 42 USC 1983 . (ll) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

36

NOTICE OF CROSS MOTION by County of Orange for summary judgment . Return date 11/29/01. (ll) (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

37

MEMORANDUM OF LAW by County of Orange in support of [36-1] cross motion for summary judgment . (ll) (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

39

MEMORANDUM OF LAWIN REPLY by Jaime Murcia re: On the necessity of denying the County's attempt to escape liability and the propriety of allowing an amended complaint naming the sheriff as a dft and clarifying allegations of deprivations of plntff's civil rights. (pf) (Entered: 12/05/2001)

Dec. 3, 2001

Dec. 3, 2001

40

REPLY AFFIDAVIT of Edward Gershowitz by Jaime Murcia Re: . (pf) (Entered: 12/05/2001)

Dec. 3, 2001

Dec. 3, 2001

41

ORDER denying [36-1] cross motion for summary judgment, granting [32-1] motion for leave to file Amended Complaint to Name Orange County Sheriff H. Frank Bigger as a Deft., granting [32-2] motion for leave to file Amended Complaint to clarify those allegations against deft's giving rise to liability under 42 USC 1983 .The parties will be noticed for trial in the next six to eight weeks. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (ll) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

42

AMENDED COMPLAINT by Jaime Murcia (Answer due 2/11/02 for PO's currently unk., for John Perez, for City of Newburgh, for County of Orange ) amending [1-1] complaint against Frank Bigger; Summons issued. (sv) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

44

ANSWER TO THE AMENDED COMPLAINT by City of Newburgh (Attorney David L. Posner from the Firm: McCabe & Mack LLP). (sv) (Entered: 02/13/2002)

Feb. 11, 2002

Feb. 11, 2002

45

ANSWER TO THE AMENDED COMPLAINT by Frank Bigger (Attorney James M. Fedorchak from the Firm: Gellert & Quartararo, P.C.). (ll) (Entered: 02/20/2002)

Feb. 11, 2002

Feb. 11, 2002

46

ANSWER to Amended Complaint by County of Orange (Attorney George F. Roesch IIIfrom the Firm: MacVean, Lewis, Sherman) . (ll) (Entered: 02/21/2002)

Feb. 21, 2002

Feb. 21, 2002

49

AFFIDAVIT OF SERVICE of Amd. S&C as to Frank Bigger by David A. Bacharach on 1/29/02 . Answer due on 2/19/02 for Frank Bigger . (ll) (Entered: 03/05/2002)

Feb. 25, 2002

Feb. 25, 2002

47

ANSWER TO THE AMENDED COMPLAINT by John Perez (Attorney Richard B. Golden from the Firm: Burke, Miele & Golden, LLP). (sv) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

48

ANSWER TO THE AMENDED COMPLAINT by Frank Bigger (Attorney James M- Fedorchak from the Firm: Gellert & Quartararo, P.C.). (ll) (Entered: 03/05/2002)

Feb. 28, 2002

Feb. 28, 2002

50

Memo-Endorsement on letter addressed to Judge McMahon from Edward H. Gersowitz, dated 03/27/02. Re: Request for leave to file and serve - on a expedited schedule - Motions seeking Summary Judgment as to liability and removal of certain defenses from the amended answers of deft's. ENDORSED: I have held on to this awaiting to reopen from the County Attorney, but as none is forthcoming, I grant the request. Motion to be filed by 04/23/02. (signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

51

NOTICE OF MOTION by Jaime Murcia Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger , and Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger . Return date 5/23/02 at 9:30. (pf) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

52

MEMORANDUM OF LAW by Jaime Murcia in support of [51-1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger, [51-2] motion Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger . (pf) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

53

Memo-Endorsement on letter addressed to USDJ McMahon from James Fedorchak, dated 5/7/02. Re: request an extension of the time to oppose the motion for partial summary jgmnt filed by the plntff...ENDORSEMENT: Granted. So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 05/08/2002)

May 8, 2002

May 8, 2002

54

NOTICE OF SUBSTITUTION OF ATTORNEY for County of Orange . (Terminated attorney George F. Roesch III for County of Orange ) Added attorney Catherine M. Bartlett. (sv) (Entered: 05/20/2002)

May 16, 2002

May 16, 2002

55

Memo-Endorsement on letter addressed to Judge McMahon from Christina M. Sanabria, dated 05/24/02. Re: Request that your Honor grant the deft's County of Orange and H. Frank Bigger a two week ajournment of the existing deadlilne for service of said deft's opposition papers. ENDORSED: This case is going to trial as soon as I can schedule same. You can have your two weeks, but I do not know whether I will reach the Motion prior to trial. We were supposed to try this case bakc in November! ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 05/31/2002)

May 28, 2002

May 28, 2002

56

MEMORANDUM OF LAW by County of Orange, Frank Bigger in opposition to [51-1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger, [51-2] motion Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger . (pf) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

57

RULE 56.1 STATEMENT filed by County of Orange, Frank Bigger (pf) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

58

AFFIDAVIT of Sgt. Michael Zappolo by County of Orange, Frank Bigger in further opposition to [51-1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger, [51-2] motion Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger . (pf) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

59

AFFIDAVIT of James Fedorchak by Frank Bigger in opposition to [51- 1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger . (pf) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

60

CERITIFICATION of Domenic Dimarco by County of Orange Re: . (pf) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

61

Memo-Endorsement on letter addressed to Judge McMahon from Andrew L. Libo, dated 6/21/02. Re: request that this Court grant Plaintiff an extension of three business days-from 6/21/02 until 6/26/02.......request is Plaintiff's first request for an extension of time regarding the pending motion.....(CM) GRANTED.. ( signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 06/25/2002)

June 24, 2002

June 24, 2002

62

REPLY MEMORANDUM by Jaime Murcia in further support re: [51-1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger, [51-2] motion Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger . (pf) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

63

Letter filed addressed to All counsel from Judge Colleen McMahon, dated September 13, 2002, re: Cross-Motion for Summary Judgment. I am granting the request of defts Orange County and Sheriff Bigger, made by letter on July 12, 2002, that the Court consider their opposition to plaintiff's summary judgment motion as a cross-motion for summary judgment (or at least for partial summary judgment). Since, when a motionfor summary judgment is made, a court can search the record and grant summary judgment to any party who is entitled to it, it is fitting that I grant this request......Plaintiff has ten days to respond to defts' cross- motion for summary judgment, limited to teh issues described above. Plaintiff has already had an opportunity to be heard on all other issues. I will not extend this deadline for any reason. (signed Judge Colleen McMahon) (sv) (Entered: 09/17/2002)

Sept. 13, 2002

Sept. 13, 2002

64

Letter filed addressed to All Counsel from Judge McMahon, dated 09/18/02, re: Pending Motions for Summary Judgment. (dc) (Entered: 09/20/2002)

Sept. 17, 2002

Sept. 17, 2002

65

MEMORANDUM OF LAW by Jaime Murcia IN FURTHER REPLY on the necessity of granting sumamry jgmnt where clearly established law prohibited the use of visual body cavity searches in the absence of particularized suspicion . (pf) (Entered: 09/25/2002)

Sept. 24, 2002

Sept. 24, 2002

66

ORDER granting in part, denying in part [51-1] motion Pursuant to FRCP 56 for PARTIAL summary judgment as against dfts County of Orange and Sheriff Frank Bigger, denying [51-2] motion Pursuant to FRCP 12 striking certain Affirmative Defenses lacking support in either law or facts as raised by dfts, County of orange and Sheriff Frank Bigger SO ORDERED: ( signed by Judge Colleen McMahon ); Copies Mailed By the Clerk's Office. (dc) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

67

MEMORANDUM OF LAW ON THE NECESSITY FOR RECONSIDERATION OF A PRIOR ORDER GRANTING QUALIFIED IMMUNITY TO A GOVERNMENT OFFICIAL WHO MAINTAINED AN UNCONSTITUTIONAL POLICY THAT VIOLATED ESTABLISHED RIGHTS by Jaime Murcia. (pf) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

68

NOTICE OF MOTION by Jaime Murcia for reconsideration of [66-1] order , and reargument .No Return Date (sv) (Entered: 10/24/2002)

Oct. 22, 2002

Oct. 22, 2002

69

NOTICE OF APPEAL by Jaime Murcia from [66-1] order Paid $105.00 fee receipt 455063 . Copies of notice of appeal mailed to Attorney(s) of Record: James M. Fedorchak, George F. Roesch III, Richard B. Golden, Marilyn D. Berson, David L. Posner, Catherine M. Bartlett, Edward H. Gersowitz . Appeal record due on 12/4/02 . (ll) (Entered: 11/06/2002)

Nov. 4, 2002

Nov. 4, 2002

Sent to USCA for the Second Circuit a certified copy of docket sheet and copy of Notice of Appeal this date. (ll) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

70

ORDER; The Orange County Defts are directed to respond to the Plt's motion for reargument by November 22. Plt shall reply by December 6. In view of th eimportance of the issues, and the frequency with which they keep appearing ont is court's docket, i would ask the parties to address teh appropriateness (or lack thereof) of certification of both the underlying question lf law and the issue of qualified immunity to the United STates Court of Appeals for the Second Circuit. So Ordered . ( signed by Judge Colleen McMahon );ch/fax/cpys. (sv) (Entered: 11/12/2002)

Nov. 7, 2002

Nov. 7, 2002

71

Memo-Endorsement on letter addressed to Judge McMahon from Christina M. Sanabria, dated 11/15/02. Re: Request that the deft's time to respond to Plaintiff's Motion for reconsideration be extended to December 6, 2002. ENDORSED: So Sorry, Ms. Sanabria! Granted. ( signed by Judge Colleen McMahon ); (dc) (Entered: 11/21/2002)

Nov. 18, 2002

Nov. 18, 2002

72

Letter filed addressed to Counsel from Judge McMahon, dated December 14, 2002, re: letters from counsel. (sv) (Entered: 12/23/2002)

Dec. 16, 2002

Dec. 16, 2002

73

MEMORANDUM OF LAW by County of Orange in opposition to [68- 1] motion for reconsideration of [66-1] order . (ll) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

74

REPLY MEMORANDUM by Jaime Murcia in support re: [68-1] motion for reconsideration of [66-1] order, [68-2] motion reargument . (pf) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

75

Memorandum to Docket Clerk: date: 01/10/03; telephone conference; motion for leave to amend the complaint will be filed. (jma) (Entered: 01/17/2003)

Jan. 13, 2003

Jan. 13, 2003

76

MANDATE OF USCA (certified copy) Re: [69-1] appeal by Jaime Murcia...It is hereby Stipulated and Agreed by and between h eundersigned counsel fo the respective parties hereto tha the docketed appeal in this matter, bearing docket number 02-9341, is voluntarily withdrawn. It is further Stipulated and Agreed by and between the undersigned counsel for the respective parties hereto that any fees due to the Court shall be paid by Plntff-Appellant and that each party hereto shall bear their own costs in relation to the within appeal. (CERTIFIED: 3/10/03) Copies mailed by Clerk's Office (pf) (Entered: 03/17/2003)

March 13, 2003

March 13, 2003

77

Letter filed by addressed to To all counsel, from Judge McMahon, dated 03/27/03, re: Amended Complaint (dcr) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

78

Letter filed by Jaime Murcia addressed to Judge McMahon from Jaime Murica, dated 03/31/03, re: Second Amended Complaint. (dcr) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

79

NOTICE OF MOTION by Jaime Murcia to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant , and to amend his complaint to delineate specific causes of action against defendants . Return Date 5/8/03 at 9:30. (sv) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

80

MEMORANDUM OF LAW by County of Orange in partial opposition to [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants . (dh) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

81

AFFIDAVIT of Christina M. Sanabria by County of Orange in partial opposition to [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants . (dh) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

82

REPLY AFFIRMATION IN FURTHER SUPPORT OF Re: [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants. (dcr) (Entered: 05/07/2003)

May 6, 2003

May 6, 2003

83

AFFIDAVIT of Michael Burke by John Perez in PARTIAL opposition to [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants . (pf) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

84

MEMORANDUM OF LAW by John Perez, PO's currently unk. in PARTIAL opposition to [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants . (pf) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

85

AFFIDAVIT of James M. Fedorchak by Frank Bigger in opposition to [79-1] motion to amend his complaint to to name Orange County Officer Michael Zappolo as a defendant, [79-2] motion to amend his complaint to delineate specific causes of action against defendants . (ll) (Entered: 06/04/2003)

June 4, 2003

June 4, 2003

See order, doc #76 filed in 02-769 (dh) (Entered: 10/10/2003)

Oct. 9, 2003

Oct. 9, 2003

86

CALENDAR NOTICE ORDER Pretrial Conference set for 8/6/2004 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 06/30/04) Copies mailed by Clerk's Office.(fk, ) (Entered: 07/08/2004)

June 30, 2004

June 30, 2004

87

CALENDAR NOTICE: Counsel: Please take notice that the above captioned actions have been rescheduled for conference before the Honorable Colleen McMahon, USDJ, on Tuesday, September 14, 2004 at 10:30 am in courtroom 521, U.S. District Coiurt, 300 Quarropas Street, White Plains, NY 10601. SO ORDERED: (Signed by Colleen McMahon, USDJ) (dcr, ) (Entered: 08/03/2004)

July 26, 2004

July 26, 2004

88

DECISION AND ORDER re: [79] Motion to Amend/Correct filed by Jaime Murcia....I grant the motion to the extent of allowing Plaintiff leave to amend his complaint to delineate specific causes of action against the existing defendants, but (2) deny the request to add Zappolo as a defendant... (Signed by Judge Colleen McMahon on 09/16/2004) The Clerk's Office Has Mailed Copies.(mov, ) (Entered: 09/20/2004)

Sept. 16, 2004

Sept. 16, 2004

89

DECISION AND ORDER...denying plaintiff's motion for reconsideration and rergument... re: [68] Motion for ReconsiderationMotion for Miscellaneous Relief filed by Jaime Murcia (Signed by Judge Colleen McMahon on 09/16/2004) (mov, ) (Entered: 09/21/2004)

Sept. 16, 2004

Sept. 16, 2004

90

ENDORSED LETTER addressed to Judge McMahon from Edward H. Gersowitz dated 02/18/05 re: Request for the Court to extend time for compliance with any applicable deadlines that may be relevant to documents 88 and 89 in this matter. ENDORSED: Well, I don't know why you didn't get them, but if you checked the docket every few weeks you would have seen that I decided the motions! (Signed by Judge Colleen McMahon on 02/22/05) Clerk's Office Mailed Copies..(dcr, ) (Entered: 02/23/2005)

Feb. 22, 2005

Feb. 22, 2005

91

ENDORSED LETTER addressed to Judge Colleen McMahon from Richard B. Golden dated 3/14/05 re: Defendant requests a two week extension of time to submit a Joint Pre-Trial Order to be submitted on 3/28/05. (Signed by Judge Colleen McMahon on 3/15/05) "Copies Mailed By Chambers".(ae, ) (Entered: 03/16/2005)

March 15, 2005

March 15, 2005

92

JOINT PRETRIAL ORDER (UNSIGNED) (pf, ) (Entered: 03/30/2005)

March 28, 2005

March 28, 2005

93

CALENDAR NOTICE:...Final Pretrial Conference set for 1/6/2006 02:00 PM before Judge Colleen McMahon. Jury Trial set for 1/30/2006 09:30 AM before Judge Colleen McMahon.... So Ordered. (Signed by Judge Colleen McMahon on 11/15/05) The Clerk's Office Has Mailed Copies.(fk, ) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

94

TRIAL NOTICE: Please take notice that the above captioned action has been scheduled for jury selection and trial before the Hon. Colleen McMahon, USDJ, on Monday, May 22, 2006 at 9:30 am in courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, NY 10601. SO ORDERED: (Signed by Judge Colleen McMahon on 02/27/06) Clerk's Office Mailed Copies..(dcr, ) (Entered: 02/27/2006)

Feb. 15, 2006

Feb. 15, 2006

95

TRANSCRIPT of proceedings held on 01/06/2006 before Judge Colleen McMahon. Court Reporter: Mary Staten, CSR, RPR, RMR. (gco, ) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

96

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Jury Selection - 05/22/06 at 9:00 am. Referred to Magistrate Judge Mark D. Fox. SO ORDERED: (Signed by Judge Colleen McMahon on 05/01/06) Clerk's Office Mailed Copies..(dcr, ) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Feb. 2, 2000

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A man arrested for a felony (later realized to be the wrong person) was strip searched several times during the three days he was held in jail.

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 Newburgh (Newburgh), City

County of Orange, NY (Orange), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2006 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run