Case: Varrone v. Bilotti

1:92-cv-01290 | U.S. District Court for the Eastern District of New York

Filed Date: March 19, 1992

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On March 19, 1992, plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the State of New York in the United States District Court for the Eastern District of New York. The Plaintiff, represented by private counsel, asked the court for damages, claiming that his Fourth Amendment rights had been violated. Specifically, plaintiff claimed that being required to submit to strip-searches when he was visiting his father in prison was an unreasonable search under the Fourth Amendment.On March 8, 19…

On March 19, 1992, plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the State of New York in the United States District Court for the Eastern District of New York. The Plaintiff, represented by private counsel, asked the court for damages, claiming that his Fourth Amendment rights had been violated. Specifically, plaintiff claimed that being required to submit to strip-searches when he was visiting his father in prison was an unreasonable search under the Fourth Amendment.

On March 8, 1989, plaintiff's father was incarcerated at the Arthur Kill Correctional Facility managed by the Department of Correctional Services in the state of New York. When the plaintiff was visiting his father on March 8, one corrections officer ordered him into a side room where he was visually strip and cavity searched. He was then detained in the Special Housing Unit, a solitary confinement area of the jail for 27 hours, so the corrections officers could investigate the content of his feces. On a subsequent visit, the plaintiff was strip searched again, but this time he was required to sign a consent form, and there were signs posted that informed visitors that strip searches could be made a condition of visitation.

On October 6, 1994, The Court (Judge John Bartels) ruled, granting the plaintiff's motion to amend his complaint and denying the defendants' motion for summary judgment. (867 F.Supp. 1145). The Court found that the plaintiff retained an expectation of privacy when in the Arthur Kill facility, that he had not waived his rights by signing a consent form, and that the defendants had failed to show there was any objective fact to suggest the plaintiff had been smuggling drugs. There was therefore a genuine issue of material fact regarding the reasonable suspicion for the search under Bell v. Wolfish.

On May 10, 1996, after another round of denial of motions for summary judgment, the defendants filed in interlocutory appeal on the basis of qualified immunity to the Court of Appeals for the Second Circuit.

On August 18, 1997, Judge Daniel Friedmann, writing for the Court of Appeals for the Second Circuit (Judge Friedmann, Judge Amayla Kearse, Judge Jon Ormand) found that the defendants were entitled to qualified immunity. (123 F.3d 75). The Court reasoned that because a District Attorney for Kings' County had communicated that they had received reliable information that plaintiff would attempt to smuggle drugs into the jail, the corrections officers were acting on reasonable suspicion, even though the source of the tip was unknown. Therefore, because the law was not clearly established on the question of whether or not an attorney communicating unsourced information about drug smuggling constitutes reasonable suspicion, defendants were entitled to qualified immunity. The case was remanded to the district court, with an Order to dismiss the case.

Summary Authors

Blase Kearney (5/9/2012)

People


Judge(s)

Bartels, John Ries (New York)

Caden, John L. (New York)

Friedman, Daniel Mortimer (District of Columbia)

Gleeson, John (New York)

Kearse, Amalya Lyle (New York)

Newman, Jon Ormond (New York)

Attorneys(s) for Plaintiff

Butler, Thomas E. (New York)

McCarthy, Bernard (New York)

Suryananayan, Sankar (New York)

Woodhouse, Nancy L. (New York)

Judge(s)

Bartels, John Ries (New York)

Caden, John L. (New York)

Friedman, Daniel Mortimer (District of Columbia)

Gleeson, John (New York)

Kearse, Amalya Lyle (New York)

Newman, Jon Ormond (New York)

Attorneys(s) for Plaintiff

Butler, Thomas E. (New York)

McCarthy, Bernard (New York)

Suryananayan, Sankar (New York)

Woodhouse, Nancy L. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Lambeson, Kevin J. (New York)

Lieberman, Frederic L. (New York)

Vacco, Dennis C. (New York)

Documents in the Clearinghouse

Document

1:92-cv-01290

Docket [PACER]

March 11, 1998

March 11, 1998

Docket

96-02382

Docket [PACER - 2nd Cir.]

U. S. Court of Appeals for the Second Circuit

Jan. 12, 2001

Jan. 12, 2001

Docket

96-02368

Docket [PACER - 2nd Cir.]

U. S. Court of Appeals for the Second Circuit

Jan. 12, 2001

Jan. 12, 2001

Docket
39

1:92-cv-01290

Memorandum-Decision and Order [Dismissing Some Claims]

851 F.Supp. 54

Sept. 22, 1993

Sept. 22, 1993

Order/Opinion
61

1:92-cv-01290

Memorandum-Decision and Order [Re: Additional Defendants; Summary Judgment]

867 F.Supp. 1145

Oct. 6, 1994

Oct. 6, 1994

Order/Opinion

96-02368

96-02382

Opinion

U. S. Court of Appeals for the Second Circuit

123 F.3d 75

Aug. 18, 1997

Aug. 18, 1997

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed against M. Bilotti, Cynthia Johnson, ____. Mattews, John Doe, Frank Barrios, Raymond R. Bara (Francis, Jackie) (Entered: 03/23/1992)

March 19, 1992

March 19, 1992

Magistrate Caden has been selected by random selection to handle any matters that may be referred in this case. (Francis, Jackie) (Entered: 03/23/1992)

March 19, 1992

March 19, 1992

2

MOTION by Joseph Varrone to proceed in forma pauperis , Motion hearing [2-1] motion (Francis, Jackie) (Entered: 03/23/1992)

March 19, 1992

March 19, 1992

Endorsed order granting [2-1] motion to proceed in forma pauperis ( Signed by Judge Eugene H. Nickerson ) (Francis, Jackie) (Entered: 03/23/1992)

March 19, 1992

March 19, 1992

3

ORDER granting [2-1] motion to proceed in forma pauperis, and the Clerk is directed to forward to the U.S. Marshal's Office copies of plaintiff's summons and complaint. The Marshal is directed to serve upon the dfts without prepayment of fees. (signed by Judge John R. Bartels, 3/26/92 ) (Yuen, Sui May) (Entered: 03/27/1992)

March 27, 1992

March 27, 1992

4

ORDER, reset answer due for 5/28/92 for Frank Barrios ( signed by Judge John R. Bartels , 4/29/92) (Yuen, Sui May) (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

5

ORDER, reset answer due for 5/28/92 for ____. Mattews ( signed by Judge John R. Bartels, 4/27/92 ) (Yuen, Sui May) (Entered: 05/11/1992)

May 11, 1992

May 11, 1992

6

RETURN OF SERVICE executed as to Raymond R. Bara 4/6/92 Answer due on 4/26/92 for Raymond R. Bara (Yuen, Sui May) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

7

RETURN OF SERVICE executed as to Frank Barrios 4/14/92 Answer due on 5/4/92 for Frank Barrios (Yuen, Sui May) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

8

RETURN OF SERVICE executed as to M. Bilotti 4/7/92 Answer due on 4/27/92 for M. Bilotti (Yuen, Sui May) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

10

Return of service unexecuted as to Cynthia Johnson (Yuen, Sui May) (Entered: 10/23/1992)

June 4, 1992

June 4, 1992

11

Letter dtd 6/19/92 from R. Hronsky to Judge Bartels requesting an adjournment of dfts' time to answer till 7/17/92. (Yuen, Sui May) (Entered: 06/25/1992)

June 25, 1992

June 25, 1992

12

ORDER, reset answer due for 7/17/92 for Frank Barrios, for ____. Mattews ( signed by Judge John R. Bartels, 5/28/92 ) (Yuen, Sui May) (Entered: 06/26/1992)

June 26, 1992

June 26, 1992

13

ANSWER to Complaint by Frank Barrios, ____. Mattews, M. Bilotti (Yuen, Sui May) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

14

NOTICE of Clerk that a status report shall be file with the court in writing on or before 9/21/92. (Yuen, Sui May) (Entered: 08/24/1992)

Aug. 24, 1992

Aug. 24, 1992

15

Letter dtd 9/16/92 from J. Varrone to Clerk requesting status of case. (Yuen, Sui May) (Entered: 09/21/1992)

Sept. 21, 1992

Sept. 21, 1992

16

NOTICE of Clerk dtd 9/23/92 that a status conference is scheduled for 10/23/92 at 11:00. (Yuen, Sui May) (Entered: 09/23/1992)

Sept. 23, 1992

Sept. 23, 1992

Deadline updated; set status conference for 11:00 10/23/92 (Yuen, Sui May) (Entered: 09/23/1992)

Sept. 23, 1992

Sept. 23, 1992

17

Calendar entry: before Judge JRB on 10/23/92. Case called. All counsel present. Conference held. Pro-se plaintiff is directed by the Court to the pro-se office to see about appointment of counsel. (Yuen, Sui May) (Entered: 10/23/1992)

Oct. 23, 1992

Oct. 23, 1992

18

ORDER consolidating cases with member case 92-cv-1408 and 92-cv-1409 ( signed by Judge John R. Bartels, 10/26/92 ) (Yuen, Sui May) (Entered: 11/10/1992)

Nov. 10, 1992

Nov. 10, 1992

Consolidated Lead Case 92-cv-1290 with member case 92-cv-1408 and 92-cv-1409. (Yuen, Sui May) (Entered: 11/10/1992)

Nov. 10, 1992

Nov. 10, 1992

19

ORDER : that the Clerk of Court is directed to appoint of an attorney from the pro bono panel to represent the plaintiffs. ( signed by Judge John R. Bartels, undated ) (Yuen, Sui May) (Entered: 11/10/1992)

Nov. 10, 1992

Nov. 10, 1992

20

Calendar entry: before Mag. Chrein on 12/1/92. Discussions held. Further discovery is required. reset discovery due for 1/15/93 , set pretrial conference for 4:00 1/26/93 (Yuen, Sui May) Modified on 11/20/1996 (Entered: 12/14/1992)

Dec. 1, 1992

Dec. 1, 1992

21

NOTICE of attorney appearance for Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 by Bernard McCarthy. (Yuen, Sui May) (Entered: 03/17/1993)

March 16, 1993

March 16, 1993

22

Letter dtd 3/15/93 from M. Hassner to Clerk Mr. Heinemann advising that the firm Chadbourne & Parke had been selected to represent the plaintiff. (Yuen, Sui May) (Entered: 03/29/1993)

March 16, 1993

March 16, 1993

23

NOTICE of Status Conference by Deputy Clerk set for 4/12/93 at 10:00. (Piper, Francine) (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

24

Calendar entry: Case called before Judge Bartels on April 15, 1993 fro a status conference. Marla Hssner present for the plaintiff, Rosalle Hronssky for the defendant. Court Reporter: Anthony Mancuso. Pretrial Scheduling Order entered. (Asreen, Wendy) (Entered: 04/16/1993)

April 15, 1993

April 15, 1993

25

SCHEDULING ORDER setting Discovery cutoff 6/30/93 ; Motions to be filed by July 20, 1993; Proposed and Final Pretrial order to be submitted on or before 8/10/93 ; Jury Trial set for 10:00 9/13/93 ; ( signed by Judge John R. Bartels dated April 15, 1993 ) (Asreen, Wendy) (Entered: 04/16/1993)

April 15, 1993

April 15, 1993

26

Letter dtd 5/24/93 from F. Lieberman to Judge Bartels requesting the Court to So Order the Stipulation to extend time for dfts to respond to interrogatories. (Yuen, Sui May) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

27

STIPULATION AND ORDER undated that the time for the dfts to respond to plaintiff's first set of interrogatories is extended to 6/11/93. ( signed by Judge John R. Bartels ). (Yuen, Sui May) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

28

MOTION by M. Bilotti , Mattews , Frank Barrios for judgment on the pleadings. Motion hearing set for 9:30 7/30/93 in 1:92-cv-01290, in 1:92-cv-01408, in 1:92-cv-01409. (Yuen, Sui May) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

29

MEMORANDUM in support of [28-1] motion for judgment on the pleadings in 1:92-cv-01290, 1:92-cv-01408, 1:92-cv-01409. (Yuen, Sui May) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

30

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Capt. Henrique L. Frett on 7/28/93 at 10:00. (Yuen, Sui May) (Entered: 07/14/1993)

July 12, 1993

July 12, 1993

31

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Cynthia Johnson on 7/27/93 at 10:00. (Yuen, Sui May) (Entered: 07/14/1993)

July 12, 1993

July 12, 1993

32

Letter dtd 6/24/93 from F. Lieberman to Judge Bartels requesting that the dft be permitted to file judgment on the pleadings. (Permission granted - UNSIGNED). (Yuen, Sui May) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

33

TRANSCRIPT filed for conference before Judge bartels on dates of 4/15/93. Court reporter : Tony Mancuso. (Yuen, Sui May) (Entered: 07/19/1993)

July 16, 1993

July 16, 1993

34

MEMORANDUM by Joseph Varrone in 1:92-cv-01290 in opposition to [28-1] motion for judgment on the pleadings. (Vaughn, Terry) (Entered: 07/21/1993)

July 21, 1993

July 21, 1993

35

REPLY MEMORANDUM OF LAW by Michael Bilotti ,John Mattews , Bert Ross, and Francisco Berrios in further support of their [28-1] motion for judgment on the pleadings in 92-cv-1290 ; 92-cv-01408 and 1:92-cv-01409. (Same forwarded to chamers). (Yuen, Sui May) (Entered: 07/28/1993)

July 27, 1993

July 27, 1993

36

NOTICE of deputy clerk M. Innelli that the trial date is adjourned to 10/4/93 at 10:00. (Yuen, Sui May) (Entered: 07/28/1993)

July 28, 1993

July 28, 1993

38

TRANSCRIPT filed for status conference before Judge Bartels on dates of 10/23/92. Court reporter : G. Rudolph. (Yuen, Sui May) (Entered: 09/14/1993)

Sept. 14, 1993

Sept. 14, 1993

39

MEMORANDUM-DECISION AND ORDER dated 9/22/93 that dfts Michael Bilotti, John Matthews, Bert Ross, and Francisco Berios' (in all related cases) [28-1] motion for judgment on the pleadings is granted in 1:92-cv-01290, 92-cv-01408, and 1:92-cv-01409. All the claims asserted by the plaintiffs Joseph, Claire and Anthony Varrone against the dft Cynthia Johnson are dismissed without prejudice. ( signed by Judge John R. Bartels ). (Yuen, Sui May) Modified on 09/29/1993 (Entered: 09/29/1993)

Sept. 22, 1993

Sept. 22, 1993

40

NOTICE of deputy clerk M. Innelli that the trial scheduled for 10/4 is being change to a status conference. (Yuen, Sui May) (Entered: 09/29/1993)

Sept. 29, 1993

Sept. 29, 1993

41

Calendar entry: before Judge Bartels on 10/5/93. Case called. All counsel present. Conference held. Dfts will move for s.j. motion by 11/5/93. (Yuen, Sui May) (Entered: 10/07/1993)

Oct. 5, 1993

Oct. 5, 1993

42

NOTICE by Anthony Varrone in 1:92-cv-01409 to take deposition of Inspector General's Office on 10/19/93 at 10:00. (Yuen, Sui May) (Entered: 10/13/1993)

Oct. 8, 1993

Oct. 8, 1993

43

ORDER, dated 11/4/93 for summary judgment extension granted until 11/26/93 ( signed by Judge John R. Bartels ) (endorsed on letter dated 11/4/93 from Frederic Lieberman to Judge Bartles). (Dobkin, David) (Entered: 11/12/1993)

Nov. 12, 1993

Nov. 12, 1993

44

MOTION by John Mattews in 1:92-cv-01290 for summary judgment in favor of defendant , Motion hearing set for 9:30 12/22/93 [44-1] motion (Roker, Michelle) (Entered: 12/01/1993)

Nov. 29, 1993

Nov. 29, 1993

45

MEMORANDUM OF LAW by John Mattews in 1:92-cv-01290 in support of [44-1] motion for summary judgment in favor of defendant (Roker, Michelle) (Entered: 12/01/1993)

Nov. 29, 1993

Nov. 29, 1993

46

STIPULATION OF PARTIAL of voluntary dismissal against dfts Michael Bilotti, Francisco Berrios, and Bert Ross. The sole claims remaining in this action are those asserted by plaintiff Anthony Varrone against dfts John Matthews and Raymond Bara. (Signed by Judge Bartels dtd 12/7/93). (Yuen, Sui May) (Entered: 12/10/1993)

Dec. 3, 1993

Dec. 3, 1993

47

Endorsed ORDER dated 12/20/93 granting Anthony Varrone's request for an extension of time until 1/17/94 to respond to dft's motion to dismiss and 1/24/94 for the motion return date. ( signed by Judge John R. Bartels ON LETTER dtd 12/13/93 from Nancy Woodhouse). (Yuen, Sui May) (Entered: 12/21/1993)

Dec. 21, 1993

Dec. 21, 1993

48

Nancy Woodhouse's AFFIDAVIT of Service of Plaintiff's Notice of Motion; Memorandum of Law and Affirmation upon dft's counsel Frederic Lieberman on 1/11/94. (Yuen, Sui May) (Entered: 01/14/1994)

Jan. 12, 1994

Jan. 12, 1994

49

MOTION by Anthony Varrone in 1:92-cv-01409 for leave to file an amended complaint , Motion hearing set for 9:30 1/26/94 [49-1] motion . (Exhibits A-J annexed). (Yuen, Sui May) (Entered: 01/14/1994)

Jan. 12, 1994

Jan. 12, 1994

50

MEMORANDUM by Anthony Varrone in 1:92-cv-01409 in support of [49-1] motion for leave to file an amended complaint. (Yuen, Sui May) (Entered: 01/14/1994)

Jan. 12, 1994

Jan. 12, 1994

51

MEMORANDUM by Anthony Varrone in 1:92-cv-01409 in opposition to dft Matthews' [44-1] motion for summary judgment. (Yuen, Sui May) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

52

APPENDIX 1-12 to plaintiff Anthony Varrone's memorandum of law in opposition to dft Matthews' motion for summary judgment. (Yuen, Sui May) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

53

Rule 3(g) Statement by Anthony Varrone in 1:92-cv-01409. (Yuen, Sui May) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

54

Nancy Woodhouse's AFFIDAVIT of Service of Plaintiff's Memorandum in Opposition to Matthews' Motion for S.J. upon Frederic Lieberman on 1/17/94. (Yuen, Sui May) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

55

Letter dtd 1/19/94 from Frederic Lieberman to Judge Bartels requesting an extension of time until 2/25/94 to submit reply papers to plaintiff's motion to amend the complaint, and the return date is extended to 3/7/94. (Extension granted - endorsed on letter UNSIGNED). (Yuen, Sui May) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

56

Endorsed ORDER dated 2/24/94 that the time for the dft John Matthews to file his reply papers regarding his motion for s.j. is extended to 3/11/94 , and the return date is extended to 3/21/94. ( signed by Judge John R. Bartels on letter dtd 2/23/94 from Frederick Lieberman). (Yuen, Sui May) (Entered: 02/28/1994)

Feb. 28, 1994

Feb. 28, 1994

57

MEMORANDUM by John Mattews in 1:92-cv-01290 in further support of his [44-1] motion for summary judgment and in OPPOSITION to plaintiff's motion to amend his complaint. (Yuen, Sui May) (Entered: 03/14/1994)

March 11, 1994

March 11, 1994

58

Frederic Lieberman's AFFIDAVIT in opposition to plaintiff's [49-1] motion for leave to file an amended complaint. (Exhibits annexed). (Yuen, Sui May) (Entered: 03/15/1994)

March 11, 1994

March 11, 1994

59

REPLY MEMORANDUM OF LAW in further support of plaintiff's [49-1] motion for leave to file an amended complaint (Yuen, Sui May) (Entered: 03/22/1994)

March 18, 1994

March 18, 1994

60

Nancy Woodhouse's Affidavit of Service of Plaintiff's Reply Memorandum upon dft's counsel on 3/18/94. (Yuen, Sui May) (Entered: 03/22/1994)

March 18, 1994

March 18, 1994

61

MEMORANDUM-DECISION AND ORDER GRANTING plaintiff's [49-1] motion for leave to file an amended complaint and DENYING defendant's [44-1] motion for summary judgment. It is furthered ORDERED that plaintiff is to file with the Court an amended complaint w/in thirty (30) days of the date of this order. ( signed by Judge John R. Bartels, dated 10/6/94 ) c/m (Asreen, Wendy) (Entered: 10/13/1994)

Oct. 6, 1994

Oct. 6, 1994

63

ANSWER by John Mattews in 1:92-cv-01408, John Mattews in 1:92-cv-01409 to amended complaint; jury demand. (Yuen, Sui May) (Entered: 11/30/1994)

Nov. 17, 1994

Nov. 17, 1994

64

LETTER dated 11/4/94 from Bernard McCarthy to Judge Bartels enclosing copy of plaintiff's amended complaint. (Not enclosed). (Yuen, Sui May) (Entered: 12/02/1994)

Dec. 2, 1994

Dec. 2, 1994

65

LETTER dated 11/7/94 from Frederic Lieberman to Judge Bartels requesting an additional 90 days to complete discovery. (Yuen, Sui May) (Entered: 12/02/1994)

Dec. 2, 1994

Dec. 2, 1994

66

Amended SCHEDULING ORDER dated 11/29/94 that discovery to be completed by 2/17/95. Motions to be filed by 3/10/95. Proposed and final pre trial order to be filed by 3/31/94. Trial to start on 4/10/95. ( signed by Judge John R. Bartels ). (Yuen, Sui May) (Entered: 12/02/1994)

Dec. 2, 1994

Dec. 2, 1994

67

WAIVER OF SERVICE Returned Executed as to Gerald A. Wells in 1:92-cv-01290. Request for Waiver mailed 11/11/94, Answer due on 1/10/95 for Gerald A. Wells in 1:92-cv-01290.(This is document No.67 in 1:92-cv-01290) (DiTomasso, Mike) (Entered: 01/10/1995)

Jan. 5, 1995

Jan. 5, 1995

68

WAIVER OF SERVICE Returned Executed as to Henrique Frett and Thomas Eisenschmidt in 1:92-cv-01290. Request for Waiver mailed on 11/11/94. Answer due on 1/10/95 for Thomas Eisenschmidt, and Henrique Frett. (DiTomasso, Mike) (Entered: 01/10/1995)

Jan. 5, 1995

Jan. 5, 1995

69

ANSWER by Henrique Frett in 1:92-cv-01290, Gerald A. Wells in 1:92-cv-01290, Brian F. Malone in 1:92-cv-01290 to amended complaint. Jury Trial demanded. (Yuen, Sui May) (Entered: 01/19/1995)

Jan. 10, 1995

Jan. 10, 1995

70

RETURN OF SERVICE of Amended Summons and Amended Complaint executed as to Thomas Mansfield in 1:92-cv-01290 on 1/9/95. (Yuen, Sui May) (Entered: 01/19/1995)

Jan. 11, 1995

Jan. 11, 1995

71

RETURN OF SERVICE of Amended Summons & Amended Complaint executed as to Brian F. Malone in 1:92-cv-01290 on 1/9/95. (Yuen, Sui May) (Entered: 01/19/1995)

Jan. 11, 1995

Jan. 11, 1995

72

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Thomas Eisenschmidt on 2/6/95 at 10:00. (Yuen, Sui May) (Entered: 01/19/1995)

Jan. 17, 1995

Jan. 17, 1995

73

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Gerald Wells on 1/31/95 at 10:00. (Yuen, Sui May) (Entered: 01/19/1995)

Jan. 17, 1995

Jan. 17, 1995

74

SECOND AMENDED PETRIAL SCHEDULING ORDER setting Deadline for filing of all motions 5/8/95 ; Discovery cutoff 4/17/95 ; Pretrial order to be submitted on or before 6/12/95 ; ( signed by Judge John Bartels on 1/30/95). (Vasquez, Liz) (Entered: 01/31/1995)

Jan. 31, 1995

Jan. 31, 1995

75

WAIVER OF SERVICE Returned Executed as to Juan Ramos in 1:92-cv-01290 on 1/28/95. Answer due on 3/29/95 for Juan Ramos in 1:92-cv-01290. (Yuen, Sui May) (Entered: 02/09/1995)

Feb. 7, 1995

Feb. 7, 1995

77

ANSWER by Thomas Eisenschmidt in 1:92-cv-01290, Thomas Mansfield in 1:92-cv-01290 to amended complaint. Jury trial demanded. (Yuen, Sui May) (Entered: 02/17/1995)

Feb. 14, 1995

Feb. 14, 1995

76

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Thomas Mansfield on 3/3/95 at 10:00. (Yuen, Sui May) (Entered: 02/15/1995)

Feb. 15, 1995

Feb. 15, 1995

78

NOTICE by Joseph Varrone in 1:92-cv-01290, Anthony Varrone in 1:92-cv-01409 to take deposition of Eric Siedel on 3/17/95 at 10:00. (Yuen, Sui May) (Entered: 03/01/1995)

Feb. 23, 1995

Feb. 23, 1995

79

NOTICE by Joseph Varrone in 1:92-cv-01290, Claire Varrone in 1:92-cv-01408, Anthony Varrone in 1:92-cv-01409 to take deposition of Juan Ramos on 4/11/95 at 2:00. (Yuen, Sui May) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

80

STIPULATION AND ORDER dtd 4/5/95 that dft Juan Ramos will be deposed by telephone on 4/11/95 at 2:00. ( signed by Judge John R. Bartels ). (Yuen, Sui May) (Entered: 04/06/1995)

April 6, 1995

April 6, 1995

81

ANSWER by Juan Ramos in 1:92-cv-01290 to amended complaint. Jury trial demanded. (Yuen, Sui May) (Entered: 04/14/1995)

April 13, 1995

April 13, 1995

82

Endorsed ORDER dtd 5/9/95 granting dft's request for an extension of time until 6/5 to serve motions. ( signed by Judge John R. Bartels on letter dtd 5/4/95 from Frederic Lieberman). (Yuen, Sui May) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

83

LETTER dated 6/2/95 from Frederic Lieberman, Asst Atty. General to Judge Bartels requesting the schedule for summary judgment motions be modified. (Asreen, Wendy) (Entered: 06/09/1995)

June 9, 1995

June 9, 1995

Endorsed order, on page 2 of document# 83, resetting motion filing deadline of 7/5/95 for summary judgment; answering papers due 7/17/95; reply papers due 7/24/95 and return date set for 7/31/95. ( Signed by Judge John R. Bartels, dated 6/5/95 ) (Asreen, Wendy) (Entered: 06/09/1995)

June 9, 1995

June 9, 1995

84

MOTION by Joseph Varrone in 1:92-cv-01290 for summary judgment pursuant to Rule 56 Motion hearing set for 9:30 7/31/95 [84-1] motion (Roker, Michelle) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

85

MEMORANDUM OF LAW by Joseph Varrone in 1:92-cv-01290 in support of [84-1] motion for summary judgment pursuant to Rule 56 (Roker, Michelle) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

86

Rule 3(g) Statement by Joseph Varrone in 1:92-cv-01290 re: [84-1] motion for summary judgment pursuant to Rule 56 (Roker, Michelle) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

87

MOTION by John Mattews in 1:92-cv-01290, Henrique Frett in 1:92-cv-01290, Thomas Eisenschmidt in 1:92-cv-01290, Gerald A. Wells in 1:92-cv-01290, Juan Ramos in 1:92-cv-01290, Thomas Mansfield in 1:92-cv-01290, Brian F. Malone in 1:92-cv-01290 for summary judgment . Motion hearing set for 9:30 on 7/31/95 . (Murphy, Margaret) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

88

MEMORANDUM by John Mattews in 1:92-cv-01290, Henrique Frett in 1:92-cv-01290, Thomas Eisenschmidt in 1:92-cv-01290, Gerald A. Wells in 1:92-cv-01290, Juan Ramos in 1:92-cv-01290, Thomas Mansfield in 1:92-cv-01290, Brian F. Malone in 1:92-cv-01290 in support of [87-1] motion for summary judgment. (Murphy, Margaret) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

89

Chet Kronenberg's AFFIDAVIT in opposition to dfts' motion [87-1] for summary judgment. (Exhibits annexed). (Yuen, Sui May) (Entered: 07/18/1995)

July 17, 1995

July 17, 1995

90

Plaintiff's response to dfts' statement pursuant to civil rule 3(g). (Yuen, Sui May) (Entered: 07/18/1995)

July 17, 1995

July 17, 1995

91

Anthony Varrone's MEMORANDUM of Law in opposition to [87-1] dfts' motion for summary judgment. (Yuen, Sui May) (Entered: 07/18/1995)

July 17, 1995

July 17, 1995

92

MEMORANDUM in further support of dfts Matthews, Frett, Eisenschmidy, Wells , Ramos, Mansfield and Malone's motion for summary judgment and in opposition to plaintiff's motion for summary judgment. (Yuen, Sui May) (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

93

Dfts' response to plaintiff's statement pursuant to civil rule 3(g). (Yuen, Sui May) (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

96

Plaintiffs' REPLY MEMORANDUM OF LAW in further [84-1] support of their motion for summary judgment pursuant to Rule 56. (Yuen, Sui May) (Entered: 07/26/1995)

July 24, 1995

July 24, 1995

94

REPLY MEMORANDUM OF LAW by John Mattews , Henrique Frett, Thomas Eisenschmidt , Gerald A. Wells, Juan Ramos , Thomas Mansfield, and Brian F. Malone in further support of their [87-1] motion for summary judgment and in OPPOSITION to plaintiff's motion for summary judgment. (Yuen, Sui May) (Entered: 07/26/1995)

July 25, 1995

July 25, 1995

95

Kevin Lamberson's REPLY AFFIDAVIT in support of dfts' [87-1] motion for summary judgment. (Yuen, Sui May) (Entered: 07/26/1995)

July 25, 1995

July 25, 1995

97

LETTER dated 2.26.96 from Chet A. Kronenberg to Hon. Judge Bartels. Re: Illegal Strip Search. (Greene, Donna) (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

98

LETTER dated 3/8/96 from Asst. Attorney General, Kevin Lamberson to Judge Bartels in response to plaintiff's letter dated 2/26/96 and stating ahat the strip search of the plaintiff was based upon reasonable suspicion. (Asreen, Wendy) (Entered: 03/19/1996)

March 19, 1996

March 19, 1996

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 19, 1992

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Wife and son of solitary confinement inmate who were strip-searched when visiting him in jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York Department of Correctional Services, State

Arthur Kill Correctional Facility, None

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: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Over/Unlawful Detention

Search policies

Strip search policy

Visiting

Affected Gender:

Female

Male

Type of Facility:

Government-run