Case: Richerson v. Fayette County

5:94-cv-00337 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Sept. 2, 1994

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On September 2, 1994, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Lexington Fayette Urban County Government, the Fayette County Detention Center, the Director of the Fayette Detention Center, and a Fayette Detention Center officer in the United States District Court for the Eastern District of Kentucky. Plaintiff, represented by private counsel, alleged his constitutional rights were violated when Defendants strip-searched him four times. Plaintiff alleged the strip-searches …

On September 2, 1994, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Lexington Fayette Urban County Government, the Fayette County Detention Center, the Director of the Fayette Detention Center, and a Fayette Detention Center officer in the United States District Court for the Eastern District of Kentucky. Plaintiff, represented by private counsel, alleged his constitutional rights were violated when Defendants strip-searched him four times. Plaintiff alleged the strip-searches were unreasonable, violated his privacy and equal protection rights, and were cruel and unusual punishment, in violation of the Fourth, Fifth, Ninth, and Fourteenth Amendments. Plaintiff additionally alleged state law claims of negligence and intentional infliction of emotional distress. Plaintiff later dropped his claims relating to three of the strip searches.

The parties stipulated that on September 7, 1993, Plaintiff was taken to the Fayette District Court for arraignment. Plaintiff was strip-searched according to Defendants' policy to strip-search all pretrial detainees after arraignment who would be remaining in their facility. Plaintiff alleged that strip-searching him without individualized reasonable suspicion violated his rights and that strip-searching detainees after arraignments was unjustified because officers maintained control over detainees during the arraignment process.

On September 30, 1996, the District Court (Judge Karl S. Forester) granted summary judgment for Defendants on Plaintiff's federal claims and declined jurisdiction over Plaintiff's remaining state law clams. The Court held that Defendant's policy of strip-searching pretrial detainees, even those held for minor, nonviolent traffic offenses, upon their return from the courtroom to the general population of the detention center was reasonable. The Court found that (1) Defendant's policy of searching detainees who were arraigned and then returned to the detention center was sufficiently narrow, and was distinguishable from searches as part of initial booking procedures; and (2) there were sufficient opportunities for detainees to get contraband during the arraignments to justify Defendant's strip-search policy. Richerson v. Lexington Fayette Urban Cnty. Gov't, 958 F.Supp. 299 (E.D.Ky. 1996).

Docket: 94-337.

Summary Authors

Shira Gordon (3/17/2012)

People


Judge(s)

Forester, Karl Spillman (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Bolzle, Gregory A. (Kentucky)

Gray, Mark K. (Kentucky)

Norris, Christina R. Logsdon (Kentucky)

Attorneys(s) for Defendant

Baker, Michael H. (Kentucky)

Cornette, Tanya Robin (Kentucky)

Gardner, Edward W. (Kentucky)

Judge(s)

Forester, Karl Spillman (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Bolzle, Gregory A. (Kentucky)

Gray, Mark K. (Kentucky)

Norris, Christina R. Logsdon (Kentucky)

Attorneys(s) for Defendant

Baker, Michael H. (Kentucky)

Cornette, Tanya Robin (Kentucky)

Gardner, Edward W. (Kentucky)

Documents in the Clearinghouse

Document

5:94-cv-00337

Docket [PACER]

March 15, 2002

March 15, 2002

Docket
58

5:94-cv-00337

Opinion and Order

958 F.Supp. 299

Sept. 30, 1996

Sept. 30, 1996

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (4 summons(es) issued) with copy, Fee Paid $120, Receipt No. 054413 (SKV) (Entered: 09/07/1994)

Sept. 2, 1994

Sept. 2, 1994

2

MOTION by plaintiff Robert L. Richerson for warning order attorney to be appointed for unknown defendant, John Doe (SKV) (Entered: 09/07/1994)

Sept. 2, 1994

Sept. 2, 1994

3

AFFIDAVIT of Linsey W. West re in support of Motion to appoint Warning Order Attorney [2-1] (SKV) (Entered: 09/07/1994)

Sept. 2, 1994

Sept. 2, 1994

4

ANSWER by defendant Fayette County, defendant Fayette Cty Dtn Ctr, defendant Raymond Sabbatine, Official Defendant Raymond Sabbatine to [1-1]; jury demand (DC) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

6

ORDER FOR MEETING AND REPORT by Judge Karl S. Forester counsel to conduct meeting by 10/31/94; exchange R.26 disclosures; FILE written JOINT REPORT by 11/10/94; FAILURE TO COMPLY WILL RESULT IN IMPOSITION OF SANCTIONS (cc: all counsel) (SKV) (Entered: 09/30/1994)

Sept. 30, 1994

Sept. 30, 1994

7

REPORT of PARTIES' PLANNING MEETING (SKV) (Entered: 11/08/1994)

Nov. 7, 1994

Nov. 7, 1994

8

RULE 26 (a) (1) DISCLOSURES by plaintiff Robert L. Richerson (SKV) (Entered: 11/10/1994)

Nov. 10, 1994

Nov. 10, 1994

9

SCHEDULING ORDER by Judge Karl S. Forester: 1) NO LATER THAN 12/12/94 counsel for dfts shall file dispositive motion on issues related to strip search of pltf. subsequent to his arraignment; counsel for pltf. given to 1/12/95 to file response; counsel for dfts given to 1/27/95 to file reply memoranda; and upon filing of said pleadings, said motion shall STAND SUBMITTED; 2) by 4/15/95, counsel shall DISCLOSE identity of expert witnesses; and w/in 30 days thereafter DISCLOSE rebuttal expert witnesses; 3) discovery ddl 7/15/95; motion filing ddl 7/15/95; 4) dispositive motion ddl 8/15/95; 5) pretrial filings due 11/6/95; 6) by 11/6/95, counsel shall PRE-MARK exhibits; 7) by 11/6/95, counsel shall CONDUCT a conference to formulate AGREED proposed jury instructions; 8) PRETRIAL CONFERENCE set for 9:00 11/13/95; 9) at PTC, counsel shall FILE w/ Clerk AGREED proposed jury instructions; 10) at PTC, counsel shall FILE w/ Clerk objections to use of depositions and/or exhibits; 11) TWO WORKING DAYS prior to trial, counsel shall SUBMIT to chambers copies of each documentary exhibit; 12) JURY TRIAL set for 9:00 12/12/95 ; FAILURE TO COMPLY WILL RESULT IN IMPOSITION OF SANCTIONS (cc: all counsel) (SKV) (Entered: 11/10/1994)

Nov. 10, 1994

Nov. 10, 1994

10

REPORT OF WARNING ORDER ATTORNEY for order accepting this report on behalf of defendant John Doe(s), Official Defendant John Doe(s): dfts. did not receive notice of action (SKV) (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

11

MOTION by warning order attorney for defendant John Doe(s), Official Defendant John Doe(s) for attorney fees (SKV) (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

12

ORDER by Judge Karl S. Forester [10-1] REPORT OF WARNING ORDER ATTORNEY that she has been unsuccessful in notifying dft., John Doe; 2) T. Robin Cornette relieved of further duties and granting motion for attorney fees [11-1] in the amount of $250.37 to be paid by the plaintiff (cc: all counsel) (SKV) (Entered: 11/23/1994)

Nov. 23, 1994

Nov. 23, 1994

13

RESPONSE TO REQUEST for production of admissions by defendant Fayette County, defendant Fayette Cty Dtn Ctr, defendant Raymond Sabbatine, Official Defendant Raymond Sabbatine, defendant John Doe(s), Official Defendant John Doe(s) (Entered: 11/28/1994)

Nov. 28, 1994

Nov. 28, 1994

15

RESPONSE TO REQUEST for production of documents by defendant Fayette County, defendant Fayette Cty Dtn Ctr, defendant Raymond Sabbatine, Official Defendant Raymond Sabbatine, defendant John Doe(s), Official Defendant John Doe(s) (Entered: 11/28/1994)

Nov. 28, 1994

Nov. 28, 1994

16

NOTICE TO THE COURT by defendants that no dispositive motion on issues related to any strip search of pltf. subsequent to his arraignment will be filed as a preliminary matter (SKV) (Entered: 12/06/1994)

Dec. 5, 1994

Dec. 5, 1994

17

ORDER by Judge Karl S. Forester: numerical paragraph (1) of the Scheduling Order [DE #9] is VACATED & SET ASIDE (cc: all counsel) (SKV) (Entered: 12/12/1994)

Dec. 12, 1994

Dec. 12, 1994

18

NOTICE of defendants of taking deposition of Robert L. Richerson on 3/9/95 @ 2:00 pm (SKV) (Entered: 02/07/1995)

Feb. 6, 1995

Feb. 6, 1995

19

NOTICE by plaintiff Robert L. Richerson of taking deposition of Raymond J. Sabbatine on 4/6/95 @ 9:30 AM (SKV) (Entered: 04/03/1995)

April 3, 1995

April 3, 1995

20

AMENDED NOTICE by plaintiff Robert L. Richerson of taking deposition of Raymond J. Sabbatine on 4/11/95 @ 9:00 AM (SKV) (Entered: 04/05/1995)

April 5, 1995

April 5, 1995

21

DEPOSITION of Ray Sabbatine taken on the following date(s): 4/11/95 by: Pltf. (SEP. VOL.) (SKV) (Entered: 04/26/1995)

April 26, 1995

April 26, 1995

22

NOTICE by plaintiff Robert L. Richerson of taking deposition of LIEUTENANT BARRY LINDSAY on 5/16/95 at 2:00 p.m. (DC) (Entered: 04/28/1995)

April 28, 1995

April 28, 1995

23

NOTICE by defendants of taking deposition of Robert L. Richerson on 5/16/95 @ 3:30 PM (SKV) (Entered: 05/15/1995)

May 11, 1995

May 11, 1995

24

DEPOSITION of Robert L. Richerson taken on the following date(s): 5/16/95 @ 3:30 by: Dfts. (SEP. VOL.) (SKV) (Entered: 06/14/1995)

June 14, 1995

June 14, 1995

25

DEPOSITION of Barry Lindsey taken on the following date(s): 5/16/95 @ 2:00 PM by: Pltf. (SEP. VOL.) (SKV) (Entered: 06/14/1995)

June 14, 1995

June 14, 1995

26

MOTION by plaintiff Robert L. Richerson for leave to file First Amended Complaint (SKV) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

PROPOSED FIRST AMENDED COMPLAINT tendered by plaintiff Robert L. Richerson (SKV) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

27

NOTICE by Clerk to counsel for plaintiff re: LR 8(a)(1)(A) and return pleading styled Request for Production of Documents (SKV) (Entered: 06/30/1995)

June 30, 1995

June 30, 1995

28

STIPULATION by parties that defendants have to & including 7/28/95 to respond to pltf's motion for leave to file first amended complaint [26-1] (SKV) (Entered: 07/05/1995)

June 30, 1995

June 30, 1995

30

NOTICE OF ENTRY ATTORNEY APPEARANCE by Michael H. Baker for defendants (SKV) (Entered: 07/17/1995)

July 14, 1995

July 14, 1995

31

RESPONSE to motion for leave to file First Amended Complaint (for class certification) [26-1] (SKV) (Entered: 07/31/1995)

July 28, 1995

July 28, 1995

32

MOTION by plaintiff Robert L. Richerson to extend time to respond to dfts' response to plaintiff's motion for class certification (SKV) (Entered: 08/11/1995)

Aug. 11, 1995

Aug. 11, 1995

33

RESPONSE by defendants to plaintiff's motion to extend time to respond to dfts' response to plaintiff's motion for class certification [32-1] (SKV) (Entered: 08/14/1995)

Aug. 11, 1995

Aug. 11, 1995

34

RESPONSE TO plaintiffs' second REQUEST for production of admissions by defendants (SKV) (Entered: 08/16/1995)

Aug. 15, 1995

Aug. 15, 1995

35

RESPONSE (ANSWERS) by defendants to pltfs' second request of interrogatories (SKV) (Entered: 08/16/1995)

Aug. 15, 1995

Aug. 15, 1995

36

ORDER by Judge Karl S. Forester upon plaintiff's motion to extend time to respond to dfts' response to plaintiff's motion for class certification [32-1] the pltf. shall have to 8/31/95 to Reply to Dft's Response to Pltf's Motion for class certification; Scheduling Order entered 11/10/94 will not be modified (cc: all counsel) (SKV) (Entered: 08/17/1995)

Aug. 17, 1995

Aug. 17, 1995

37

REPLY by plaintiff Robert L. Richerson to defendant's response to plaintiff's motion for leave to file First Amended Complaint [26-1] (SKV) (Entered: 09/01/1995)

Aug. 31, 1995

Aug. 31, 1995

38

ORDER by Judge Karl S. Forester setting hearing on plaintiff's motion for leave to file First Amended Complaint for class certification [26-1] for 9:00 10/5/95 (cc: all counsel) (SKV) (Entered: 09/19/1995)

Sept. 19, 1995

Sept. 19, 1995

39

ORDER by Judge Karl S. Forester hearing scheduled for 10/5/95 at 9:00 on motion for leave to file First Amended Complaint [26-1] is CONTINUED until 1:30 PM on the same date in Courtroom A of US Courthouse in Lex., KY (cc: all counsel) (SKV) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

40

ORDER by Judge Karl S. Forester: HEARING HELD; Cindy Hutchinson, Court Reporter 1) granting plaintiff's motion for leave to file First Amended Complaint to name the correct dft; [26-1] 2) denyiny plaintiff's motion for class certification [26-1] (cc: all counsel) (SKV) (Entered: 10/05/1995)

Oct. 5, 1995

Oct. 5, 1995

41

FIRST AMENDED COMPLAINT [1-1] by plaintiff Robert L. Richerson terminating defendant Fayette County; adding LFUCG; (SKV) (Entered: 10/05/1995)

Oct. 5, 1995

Oct. 5, 1995

42

PRETRIAL MEMORANDUM by defendants (SKV) (Entered: 11/03/1995)

Nov. 3, 1995

Nov. 3, 1995

42

WITNESS list submitted by defendants (SKV) (Entered: 11/03/1995)

Nov. 3, 1995

Nov. 3, 1995

42

EXHIBIT list by defendants (SKV) (Entered: 11/03/1995)

Nov. 3, 1995

Nov. 3, 1995

44

WITNESS list submitted by plaintiff Robert L. Richerson (SKV) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

45

EXHIBIT list by plaintiff Robert L. Richerson (SKV) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

46

NOTICE by plaintiff Robert L. Richerson of change of address for attorney Christina R.L. Norris to 1931 Frankfort Avenue, Louisville, KY 40206 502-895-5434 and FAX 502-895-5490 (SKV) (Entered: 11/08/1995)

Nov. 8, 1995

Nov. 8, 1995

47

MOTION by defendants in limine to 1) prohibit pltf. from introducing testimony from Chun Richerson and Donald Baker; 2) to prohibit Pltf. from introducing as exhibits Lesson Plan Cover Sheet and Lesson Plan of LFUC Detention Center Division of Training, Lesson for "Clothed and Unclothed Body Searches" and the LFUC Detention Center Training Manual; 3) to prohibit plaintiff from introducing medical records as identified as Pltf's exhibit #12 (SKV) (Entered: 11/08/1995)

Nov. 8, 1995

Nov. 8, 1995

48

MOTION by plaintiff Robert L. Richerson in limine to 1) prohibit dfts from introducing evidence concerning Robert L. Richerson's arrest for DUE, his blood alcohol level, the incidences of his arrest, and plea of guilty and any evidence relating to his arrest and his blood-alcohol level; 2) prohibit dfts. from introducing evidence concerning Mr. Richerson's prior incarceration; 3) prohibit introduction of exhibits numbered 6, 7, 8, 10, 11, 12, 13, 14 and 15 (SKV) (Entered: 11/13/1995)

Nov. 13, 1995

Nov. 13, 1995

49

PROPOSED JURY INSTRUCTIONS submitted by plaintiff Robert L. Richerson (SKV) (Entered: 11/13/1995)

Nov. 13, 1995

Nov. 13, 1995

50

PROPOSED JURY INSTRUCTIONS submitted by defendants (SKV) (Entered: 11/13/1995)

Nov. 13, 1995

Nov. 13, 1995

51

ORDER by Judge Karl S. Forester: PRETRIAL CONFERENCE HELD 10/13/95; Cindy Hutchinson, Court Reporter; 1) ruling DEFERRED on motion of dfts in limine to prohibit plaintiff from introducing evidence from Chun Richardson and Donald Baker, from introducing plaintiff's exhibit #3, the Lesson Plan Cover Sheet and Lesson Plan of the Lexington-Fayette Urban County Detention Center, Division of Training Lesson for "Clothed and Unclothed Body Searches", plaintiff's exhibit #7, Lexington-Fayette Urban County Detention Center Training Manual, and plaintiff's exhibit #12, plaintiff's medical records; 2) RULING IS DEFERRED on motion of plaintiff in limine to prohibit defendants from introducing evidence concerning plaintiff's arrest for DUI, his blood-alcohol level, the incidences of his arrest, his plea of guilty and any evidence relating to his arrest and his blood-alcohol level, from introducing any evidence concerning plaintiff's prior incarceration, and the introduction of defendants' exhibits numbers 6,7,8,10,11,12,13,14, and 15; 3) parties given to 11/20/95 to confer on matters that may be stipulated and to define issues; 4) parties given until 11/20/95 in which to file pretrial memoranda on remaining issue in this action, the plaintiff's claim as to his post-arraignment strip-search. counsel for parties advised Court that one (1) day will be required for jury trial of action (cc: all counsel) (SKV) (Entered: 11/13/1995)

Nov. 13, 1995

Nov. 13, 1995

53

MEMORANDUM IN SUPPORT by plaintiff Robert L. Richerson of Motion for Partial Summary Judgment; (No Motion for Partial Summary Judgment filed as of this date) regarding Joint Stipulations [52-1] (1993 Executive Summaries filed in separate volume) (DC) (Entered: 11/22/1995)

Nov. 20, 1995

Nov. 20, 1995

54

PRETRIAL MEMORANDA by defendants okn Plaintiff's Post-Arraignment Strip Search Claim (DC) (Entered: 11/22/1995)

Nov. 20, 1995

Nov. 20, 1995

55

ORDER by Judge Karl S. Forester trial scheduled for 12/12/95 is CONTINUED and matter will be reassigned, if necessary, following the Court's determination and ruling on parties' pretrial memoranda (cc: all counsel) (SKV) (Entered: 12/08/1995)

Dec. 8, 1995

Dec. 8, 1995

56

RETURN OF SERVICE by plaintiff Robert L. Richerson of Subpoena in a Civil Case showing service to Ray Sabbatine by hand-delivery to Libby Cook on 12/5/95 for testimony at trial on December 12 and 13, 1995 @ 9:00 Am (SKV) Modified on 12/11/1995 (Entered: 12/11/1995)

Dec. 8, 1995

Dec. 8, 1995

57

RETURN OF SERVICE by plaintiff Robert L. Richerson of Subpoena in a Civil Case showing service to Lt. Barry Lindsey on 12/5/95 for trial on December 12 and 13, 1995 @ 9:00 AM (SKV) (Entered: 12/11/1995)

Dec. 8, 1995

Dec. 8, 1995

58

OPINION AND ORDER by Judge Karl S. Forester: 1) plaintiff's motion for summary judgment on plaintiff's post-arraignment strip search claim [53-1] is DENIED; 2) defendant's motion for summary judgment on plaintiff's post-arraignment strip search claim [54-1] is GRANTED; and 3) summary judgment will be entered contemporaneously w/ opinion and order in favor of dfts (cc: all counsel) (SKV) (Entered: 09/30/1996)

Sept. 30, 1996

Sept. 30, 1996

59

JUDGMENT by Judge Karl S. Forester: 1) summary judgment is entered in favor of dfts on plaintiff's post arraignment strip search claim; 2) Court declines to exercise supplemental jurisdiction over pltf's remaining state law claims which are DISMISSED WITHOUT PREJUDICE; 3) judgment is final and appealable and no just cause for delay exists; 4) matter is STRICKEn from active docket (cc: all counsel w/ NOE) (SKV) (Entered: 09/30/1996)

Sept. 30, 1996

Sept. 30, 1996

60

NOTICE OF DEPOSITION DESTRUCTION (SKV) (Entered: 02/12/2002)

Feb. 12, 2002

Feb. 12, 2002

61

MAIL Returned [60-1] addressed to Christina R.L. Norris (SKV) (Entered: 03/18/2002)

Feb. 19, 2002

Feb. 19, 2002

62

DEPOSITION DESTRUCTION CERTIFICATE (SKV) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 2, 1994

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was subjected to a strip search in 1995 connection with his arraignment on a non-violent traffic offense in the Fayette District Court.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fayette County Detention Center (Fayette), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run