Case: Wachtler v. County of Herkimer

3:91-cv-01328 | U.S. District Court for the Northern District of New York

Filed Date: Nov. 11, 1991

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On November 11, 1991, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the Village of West Winfield and the County of Herkimer in the United States Court for the Northern District of New York, Syracuse Division. Plaintiff proceeded pro se and claimed violations against nineteen defendants of his First, Fourth, Fifth, Ninth, and Fourteenth Amendment Rights. Specifically, plaintiff claimed that his arrest for speeding and obstruction of governmental administration, and his subsequent …

On November 11, 1991, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the Village of West Winfield and the County of Herkimer in the United States Court for the Northern District of New York, Syracuse Division. Plaintiff proceeded pro se and claimed violations against nineteen defendants of his First, Fourth, Fifth, Ninth, and Fourteenth Amendment Rights. Specifically, plaintiff claimed that his arrest for speeding and obstruction of governmental administration, and his subsequent strip search and detention, violated his constitutional rights.

On August 11, 1990, plaintiff was driving through the town of Winfield when he was pulled over for speeding. He asked the officer if he was under arrest, and when the officer informed him that he was technically under arrest, Plaintiff immediately invoked his Miranda right to counsel, and refused to identify himself. He was taken in front of a judge, and further refused to identify himself, and refused to post bail. He was detained in the Herkimer County Jail overnight, where he was strip-searched.

On October 1, 1993, the Court (Judge Thomas McAvoy) dismissed plaintiff's amended complaint and granted summary judgment in favor of the defendants on the basis of judicial, qualified immunity, or failure to state a claim upon which relief could be granted. Plaintiff appealed.

On September 9, 1994, the Court of Appeals for the Second Circuit, (Judge Ralph K. Winter, then-Judge Stephen Breyer, and Judge Frank X. Altimari) issued an opinion written by Judge Winter. (35 F.3d 77). The Court found that the arresting officer was entitled to qualified immunity on the false arrest charge; the specific officers involved in the strip search were entitled to qualified immunity because the contours of reasonable suspicion in these circumstances is not clearly established federal law; that absolute immunity attached to judicial and prosecutorial defendants. However, the Court found that Herkimer County was not entitled to qualified immunity.

On January 11, 1995, a jury trial was held between the plaintiff and defendant Herkimer County. At the close of plaintiffs case, the Court granted the Defendant's motion to dismiss, and judgment was entered for Herkimer County.

Summary Authors

Blase Kearney (5/9/2012)

People


Judge(s)

Altimari, Frank X. (New York)

Breyer, Stephen Gerald (District of Columbia)

McAvoy, Thomas James (New York)

Smith, Ralph W. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Wachtler, Stephen J. (New York)

Attorneys(s) for Defendant

Bersani, Frank A. (New York)

Buskus, Michael S. (New York)

Carrig, Bart M. (New York)

Foley, Francis Hubert (Virginia)

Judge(s)

Altimari, Frank X. (New York)

Breyer, Stephen Gerald (District of Columbia)

McAvoy, Thomas James (New York)

Smith, Ralph W. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Wachtler, Stephen J. (New York)

Attorneys(s) for Defendant

Bersani, Frank A. (New York)

Buskus, Michael S. (New York)

Carrig, Bart M. (New York)

Foley, Francis Hubert (Virginia)

Horigan, Timothy (New York)

Klucsik, John F. (New York)

Koppell, G. Oliver (New York)

Lehner, Francis E. (New York)

Noll, Carrie McLoughlin (New York)

Pennock, John H. (New York)

Schiff, Peter H. (New York)

Sidd, John P. (New York)

Spiegel, Nancy A. (New York)

Tracy, Terrence X. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Wachtler v. West Winfield

Oct. 24, 2000 Docket

Opinion

U. S. Court of Appeals for the Second Circuit

35 F.3d 77

Sept. 9, 1994 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Case transferred in from USDC District of Columbia (bjw) (Entered: 11/18/1991)

Nov. 18, 1991
1

COMPLAINT filed; (filed w/USDC/District of Columbia 8-06-91) ; Service deadline 1/17/92 for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (pta) (Entered: 11/19/1991)

Nov. 18, 1991
2

CERTIFICATE OF SERVICE by Stephen J. Wachtler of Complaint by mail on 9- 17-91 and personally upon Atty General of State of NY 9-17-91 (pta) (Entered: 11/19/1991)

Nov. 18, 1991
3

DEFTS MOTION by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps to Transfer Case to USDC ND/NY and Memorandum (Motion made w/USDC District of Columbia and heard) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
4

ANSWER to Complaint by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps (Attorney Francis H. Foley) (filed w/USDC District of Columbia 10-11- 91) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
5

ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney John F. Klucsik, Esq. ) against Stephen J. Wachtler (filed w/USDC District of Columbia on 10-15-91) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
6

ORDER, to Show Cause for 10-29-91 ( USDC Michael Boudin, USDC District of Columbia dd 10-16-91) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
7

DEFTS NOTICE of Change of Address of Francis H. Foley, Esq. for Defts County of Herkimer, Panko, Jones, House, Allan and Epps (filed w/USDC District of Columbia 10-29-91) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
8

ORDER ; granting [3-1] motion to Transfer Case to USDC ND/NY ( dd 10-31-91 of UDSC Judge Michael Boudin, USDC District of Columbia) (pta) (Entered: 11/19/1991)

Nov. 18, 1991
9

COPY DOCKET SHEET OF USDC DISTRICT OF COLUMBIA DD 11-13-91 (pta) (Entered: 11/19/1991)

Nov. 18, 1991
10

COURT NOTICE requesting Rule 16 Stipulation be filed no later than 2-17-92 [sent Rule 16 packet] (pta) (Entered: 01/31/1992)

Jan. 31, 1992

Deadline updated; reset Proposed Rule 16 Stipulation Deadline to 2/17/92 for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (pta) (Entered: 01/31/1992)

Jan. 31, 1992
11

DEFT LETTER NOTICE dd 2-03-92 of attorney appearance for Chuck's Towing, Charles Furner by Frank A. Bersani in place of John f. Klucsik (pta) (Entered: 02/04/1992)

Feb. 4, 1992
12

COURT NOTICE to Pro Se Pltf to request Entry of Default as to Defts West Winfield, Greene, Schlesier & Tw Columbia - ONLY and need proof of service upon Mary Roe, VII (pta) (Entered: 02/04/1992)

Feb. 4, 1992
13

ORDER REFERRING CASE to Magistrate Judge Ralph W. Smith for All PT Purposes (dd 2-07-92 signed by Judge Thomas J. McAvoy ) (pta) (Entered: 02/07/1992)

Feb. 7, 1992
14

Scheduling Notice: set Rule 16 Conference for 11:00 3/9/92 Atty Bersani would prefer to appear by telephone, he is to advise chambers. (rzh) (Entered: 02/28/1992)

Feb. 27, 1992
15

REQUEST of Pltf for Leave to file an amended complaint (rzh) (Entered: 03/10/1992)

March 9, 1992
16

ORDER granting [15-1] Pltf's Request for Leave to file an Amended Complaint (signed by Judge Ralph W. Smith) (rzh) (Entered: 03/10/1992)

March 9, 1992
17

AMENDED COMPLAINT by Stephen J. Wachtler , Answer due 3/19/92 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , Service deadline 5/8/92 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , amends [1-1] complaint (rzh) (Entered: 03/10/1992)

March 9, 1992

Rule 16 Conference held; agreed that Pltf. be granted an opportunity to file an amended complaint. Pre-Trial Order will be issued after service of answers to the amended complaint (fce) (Entered: 03/13/1992)

March 9, 1992
18

ORDER, to Substitute Attorney terminated attorney Francis Hubert Foley for Epps, attorney Francis Hubert Foley for Allan, attorney Francis Hubert Foley for House, attorney Francis Hubert Foley for Nancy Jones, attorney Francis Hubert Foley for Panko, Sgt., attorney Francis Hubert Foley for Herkimer,County of Added Timothy Horigan ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 03/13/1992)

March 13, 1992
19

ANSWER to Complaint by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff (Attorney John Pennock), (plp) (Entered: 03/26/1992)

March 26, 1992
20

ANSWER by Gary L. Greene, Harry C. Schlesier (Attorney Terrence X. Tracy) to amended complaint (pta) (Entered: 04/07/1992)

April 6, 1992
21

MOTION by West Winfield to Dismiss , for Sanctions , Hearing set for 9:30 5/7/92 , Response Deadline 4/23/92 , Reply to Response Deadline 4/30/92; Supporting Affidavit (rzh) (Entered: 04/08/1992)

April 7, 1992
22

ANSWER to complaint and CROSSCLAIM by Town/West Winfield (Attorney Francis E. Lehner) against West Winfield, Herkimer,County of, Gary L. Greene, Harry C. Schlesier, Panko, Sgt., Nancy Jones, House, Allan, Epps, Chuck's Towing, Columbia, Town of, Mary Roe VII, Charles Furner, Daniel B. Reardon, Herkimer Sheriff (cbm) (Entered: 04/09/1992)

April 7, 1992
23

INTERROGATORIES propounded by Town/West Winfield to Stephen J. Wachtler (cbm) (Entered: 04/09/1992)

April 7, 1992
24

REQUEST for Production of Documents by Town/West Winfield (cbm) (Entered: 04/09/1992)

April 7, 1992
25

AMENDED ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney Frank A. Bersani) against J. Wachtler dd 4-09-92 (pta) (Entered: 04/13/1992)

April 13, 1992
26

LETTER to Mag Smith from Stephen Wachtler re: dismissing Deputy Jones from case (fce) (Entered: 05/20/1992)

May 20, 1992
27

ORDER; granting [21-1] motion to Dismiss [21-2] motion for Sanctions under advisement, set Discovery deadline to 10/30/92 , and set Motion Filing deadline to 11/30/92 Action is dismissed as to deft NANCY JONES ( signed by Magistrate Judge Ralph W. Smith ) [Sanctions Motion - moot see terms of Order #27] (fce) Modified on 09/30/1993 (Entered: 05/27/1992)

May 27, 1992
28

Atty Applegate ltr to court dd 6/26/92 inquiring as to status of this action (plp) (Entered: 07/02/1992)

June 30, 1992
29

Uniform Pretrial Order; Trial Ready by: 4/2/93; Length of Trial 1 days; Trial Location: Albany; Joining of Parties Deadline 8/3/92 ; Amending of Pleadings Deadline 8/3/92 ; Discovery Deadline 12/2/92 ; Motion Filing Deadline 2/2/93 ; Jury Trial Deadline 9:30 4/13/93 ; ( Signed by: Magistrate Judge Ralph W. Smith ) (fce) (Entered: 07/10/1992)

July 10, 1992
30

INTERROGATORIES propounded by Stephen J. Wachtler and exhibits (fce) (Entered: 07/29/1992)

July 27, 1992
31

Confirmation of Original Deposition Papers by Stephen Wachtler (fce) (Entered: 08/10/1992)

Aug. 10, 1992
33

DEFTS MEMORANDUM by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in support of [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (pta) (Entered: 08/28/1992)

Aug. 27, 1992
34

DEFTS Rule 10J Statement in Support of [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 filed by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Sheriff w/PROPOSED ORDER (pta) (Entered: 08/28/1992)

Aug. 27, 1992
35

DEFTS Exhibit list w/C to I in support of Motion for Judgment on Pleadings and/or S.J. by Herkimer, County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff (pta) (Entered: 08/28/1992)

Aug. 27, 1992
36

COURT NOTICE placing Defts Motion for Judgment on Pleadings and/or S.J. on 10-13-92 MC [noticed for 10-12-92 HOLIDAY] (pta) (Entered: 08/28/1992)

Aug. 27, 1992
37

MEMORANDUM and Proposed Order by Stephen J. Wachtler in opposition to [32- 1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (wbl) (Entered: 09/16/1992)

Sept. 16, 1992
37

AFFIDAVIT by Stephen J. Wachtler Re: [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92, and Statement of Uncontroverted Facts by Stephen J. Wachtler. (wbl) Modified on 09/16/1992 (Entered: 09/16/1992)

Sept. 16, 1992
38

DEFTS MOTION by Chuck's Towing, Charles Furner for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 , Affidavit John P. Sidd (Exhibit A); Exhibits B to D; Hearing set for 10:00 a.m. in Albany NY on Tuesday, 10/13/92 , Response Deadline 9/28/92 , Reply to Response Deadline 10/5/92 (pta) (Entered: 09/16/1992)

Sept. 16, 1992
39

DEFTS MEMORANDUM by Chuck's Towing, Charles Furner in support of [38-1] motion for Judgment on the Pleadings FRCP 12(c) or alternative for S.J. FRCP 56 (pta) (Entered: 09/16/1992)

Sept. 16, 1992
40

DEFTS RULE 10(C) STATEMENT (AFFIDAVIT) by Chuck's Towing, Charles Furner Re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 (pta) (Entered: 09/16/1992)

Sept. 16, 1992
41

DEFTS AFFIDAVIT (RESPONSE) Carrie McLoughlin by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in opposition to Pltf Cross Motion for S.J. and request for sanctions (pta) (Entered: 09/30/1992)

Sept. 30, 1992
42

DEFTS MEMORANDUM and Proposed Order by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in opposition to Pltf Cross Moton for Summary Judgment and Sanctions (pta) (Entered: 09/30/1992)

Sept. 30, 1992
43

COURT Scheduling Notice:, Motion Hearing re-set for 10:00 a.m. in Albany NY on 11/9/92 re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56,: re: [32-1] motion , or in alternative, re: [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; [Adj fr 10-13 MC, no opposition papers] (pta) (Entered: 10/06/1992)

Oct. 5, 1992
44

MEMORANDUM(Amended) by Stephen J. Wachtler in support of [37-1] opposition memorandum (wbl) (Entered: 10/06/1992)

Oct. 6, 1992
45

MOTION by Town/West Winfield to Dismiss pursuant FRCP 12(c) , Affidavit Francis E. Lehner; Hearing set for 10:00 a.m. in Albany NY on 11/9/92 , Response Deadline 10/26/92 , Reply to Response Deadline 11/2/92 (pta) (Entered: 10/16/1992)

Oct. 15, 1992
46

DEFT MEMORANDUM by Town/West Winfield in support of [45-1] Town/West Winfield motion to Dismiss pursuant FRCP 12(c) w/PROPOSED ORDER (pta) (Entered: 10/16/1992)

Oct. 15, 1992
49

MINUTES OF 10/13/92 MOTION CALENDAR: No Appearances; Defts Motion for Judgment on Pleadings in Favor of Defts or alternatively for Summary Judgment in Favor of Defts [31-1, 31-2] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION , Defts Furner & Chuck's Towing Motion for an order granting Judgment on Pleadings in Favor of Defts; or alternatively for Summary Judgment in favor of Defts [38-1] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION (plp) Modified on 09/30/1993 (Entered: 10/22/1992)

Oct. 15, 1992
47

DEFTS RESPONSE by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff re: no opposition to [38-1] Defts Furner and Chuck's Towing motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 (pta) (Entered: 10/19/1992)

Oct. 19, 1992
48

DEFTS LETTER RESPONSE dd 10-19-92 by Chuck's Towing, Charles Furner re: do not oppose the [32-2] motion for S.J.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (pta) (Entered: 10/20/1992)

Oct. 20, 1992
50

RESPONSE by Stephen J. Wachtler to [45-1] motion to Dismiss pursuant FRCP 12 (c) (fce) (Entered: 11/05/1992)

Nov. 4, 1992
51

DEFT LETTER RESPONSE dd 11-02-92 by Town/West Winfield to [38-1] Deft Chuck's Towing & Furner motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56, [32-2] County of Herkimer, etc. motion ; Hearing re- set for 10:00 a.m. 11-09 MC in Albany NY - (Request be taken on SUBMIT) (pta) (Entered: 11/05/1992)

Nov. 5, 1992

Motion hearing 11-09-92 re: [45-1] motion to Dismiss pursuant FRCP 12(c) , [38-1] motion for Judgment on Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 , [32-1] motion , or in alternative (pta) (Entered: 11/19/1992)

Nov. 9, 1992
52

ATTY McLAUGHLIN Letter dd 11-13-92 re: decision on Motions held 11-09-92 w/PROPOSED ORDER (pta) (Entered: 11/17/1992)

Nov. 16, 1992
53

Minute entry:, MOTION CALENDAR Held 11-09-92 Albany NY Appearances: M. Lomonaco, CR; Stephen J. Wachtler, Pro Se Pltf; Carrie McLaughlin for Defts Cty of Herkimer, Sgt Panko, House, Allans, Epps, Reardon & Herkimer Sheriff; John Sidd for Defts Chuck's Towing & Furner; David Winans for Deft Town of Winfield 1) Defts Motion for Judgment on Pleadings FRCP 12c in favor of Defts [32-1]; or alternatively for S.J. in favor of Defts FRCP 56b [32-2] - GRANTED w/o prej. 2) Defts Furner & Chucks Towing Motion for an Order FRCP 12c granting Judgment on Pleadings in favor of Defts or alternatively, for S.J. FRCP 56 in favor of Defts [38-1] - GRANTED w/o prej. 3) Deft Town of Winfield (Town of W. Winfield) Motion to Dismiss FRCP 12c [45-1] - GRANTED w/o prej. *Court treats all 12(c) motions as motions pursuant to 12(b). Pltf is granted leave to replead his complaint w/specificity within 60 days (to include state law claims). Cross motions by Pltf were not addressed because they did not comply w/rules of the Court and , after Court's decision, there was'nt anything left to move against. (pta) (Entered: 11/19/1992)

Nov. 18, 1992
54

ORDER; that Defts Motions pursuant FRCP 12(c) will be tre ated by Court as Motions pursuant FRCP 12(b)(6); AND that Pltf Complaint is dismissed w/o prej. against said Defts AND that Pltf shall have 60 days from date of Order for leave to amend said complaint ( granting [45-1] motion to Dismiss pursuant FRCP 12(c) granting [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 granting [32-1] motion , or in alternative granting [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; (dd 11-17-92 signed by Judge Thomas J. McAvoy ) (pta) Modified on 01/28/1993 (Entered: 11/20/1992)

Nov. 20, 1992
55

AMENDED COMPLAINT by Stephen J. Wachtler , Answer due 1/19/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , Service deadline 3/9/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , amends [17-1] amended complaint (fce) (Entered: 01/21/1993)

Jan. 8, 1993
56

MEMORANDUM by Stephen J. Wachtler in support of [55-1] amended complaint, [54-1] order, [53-1] miscellaneous MOTION CALENDAR Held 11-09-92 Albany NY, [53-2] miscellaneous, [52-1] remark, [0-0] motion hearing, [51-1] motion response, [50-1] motion response, [0-0] deadline terminate, [48-1] motion response, [47-1] motion response, [49-1] miscellaneous Defts Motion for Judgment on Pleadings in Favor of Defts or alternatively for Summary Judgment in Favor of Defts [31-1, 31-2] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION, [49-2] miscellaneous Defts Furner & Chuck's Towing Motion for an order granting Judgment on Pleadings in Favor of Defts; or alternatively for Summary Judgment in favor of Defts [38-1] -- ADJOURNED TO 110/9/92 IN ALBANY DUE TO LACK OF OPPOSITION, [49-3] miscellaneous, [46-1] support memorandum, [45-1] motion to Dismiss pursuant FRCP 12(c), [44-1] support memorandum, [43-1] notice Motion Hearing re-set for 10:00 a.m. in Albany NY on 11/9/92 re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56,: re: [32-1] motion , or in alternative, re: [32-2] motion , Affidavit John H. Pennock, Jr., Esq.;, [43-2] relief, [42-1] opposition memorandum, [41-1] opposition response, [40-1] affidavit, [39-1] support memorandum, [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56, [37-1] affidavit, [37-1] opposition memorandum, [36-1] notice, [35-1] exhibits list, [34-1], [33-1] support memorandum, [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to order uniform pretrial, [28-1] remark, [0-0] party terminate, [0-0] party terminate, [27-1] order set Discovery deadline to 10/30/92, [27-2] relief set Motion Filing deadline to 11/30/92, [27-3] relief, [26-1] remark, [25-1] answer, [25-2] counter claim, [0-0] deadline terminate, [21-1] motion to Dismiss, [21-2] motion for Sanctions, [24-1] produce requested, [23-1] interrogatory(s) requested, [22-1] answer, [22-2] cross claim, [20-1] complaint answer, [19-1] answer, [18-1] order to Substitute Attorney terminated attorney Francis Hubert Foley for Epps, attorney Francis Hubert Foley for Allan, attorney Francis Hubert Foley for House, attorney Francis Hubert Foley for Nancy Jones, attorney Francis Hubert Foley for Panko, Sgt., attorney Francis Hubert Foley for Herkimer,County of Added Timothy Horigan, [18-2] relief, [17-1] amended complaint, [0-0] party add, [16-1] order, [15- 1] remark, [0-0] status conference, [14-1] relief set Rule 16 Conference for 11:00 3/9/92, [13-1] referral/referred order, [12-1] notice, [0-0] attorney terminate, [11-1] appear/appearance notice, [0-0] relief reset Proposed Rule 16 Stipulation Deadline to 2/17/92 for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield, [10-1] notice, [0-0] attorney add, [0-0] attorney add, [0-0] deadline terminate, [0-0] party terminate, [0-0] remark, [9-1] remark, [8-1] order, [7-1] notice, [6-1] order to Show Cause for 10-29-91, [6-2] relief, [5-1] answer, [5-2] counter claim, [0-0] party add, [4-1] answer, [3-1] motion to Transfer Case to USDC ND/NY, [2-1] service certificate, [1-1] complaint (fce) (Entered: 01/21/1993)

Jan. 8, 1993
57

ACKNOWLEDGEMENT OF SERVICE as to West Winfield, Herkimer,County of, Gary L. Greene, Harry C. Schlesier, Panko, Sgt., Nancy Jones, House, Allan, Epps, Chuck's Towing, Columbia, Town of, Mary Roe VII, Charles Furner, Town/West Winfield, Daniel B. Reardon, Herkimer Sheriff, John Doe on 1/8/93 : Answer due on 1/28/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (fce) (Entered: 01/25/1993)

Jan. 20, 1993
61

ANSWER by John F. Skinner to amended complaint (fce) (Entered: 02/05/1993)

Jan. 27, 1993
58

ATTY McLoughlin Letter dd 1-26-93 w/request Court reconsider previous Motion to Dismiss [counsel advised to submit new motion, per Chambers/JC] (pta) (Entered: 01/28/1993)

Jan. 28, 1993
59

ANSWER to Amended Complaint by County of Herkimer, Jacquelyn M. Asnoe, Sgt. Panko, Cpl. House, Deputy Allan, and Deputy Epps (Attorney Carrie McLoughlin); Reply Affidavit in support of Complaint; Reply to Brief/Affidavit in support of Complaint (pta) Modified on 02/19/1993 (Entered: 01/28/1993)

Jan. 28, 1993
60

ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney John P. Sidd) against Stephen J. Wachtler (pta) (Entered: 02/01/1993)

Feb. 1, 1993
62

ANSWER by Gary L. Greene, Harry C. Schlesier (Attorney, Terrence X. Tracy, AAG ) to amended complaint (pta) (Entered: 02/19/1993)

Feb. 19, 1993
63

ANSWER by Stephen J. Wachtler to [60-2] counter claim of Chuck's Towing & Collision Service and Charles Furner (pta) (Entered: 03/03/1993)

March 3, 1993
64

ATTY McLOUGHLIN Letter Request dd 3-18-93 that a new Uniform Pretrial Scheduling Order be issues [prev issued 7-09-92] [On 3/24/93, CRD Ligas notified atty to submit prop. stip and good cause shown affidavit ASAP and that trial remains scheduled for 4/13/93 unless advised otherwise by the Court](pta) Modified on 03/24/1993 (Entered: 03/22/1993)

March 22, 1993
65

DEFTS AFFIDAVIT Carrie McLoughlin, Esq. by Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe Re: in support of Stipulation to extend dates (pta) (Entered: 03/26/1993)

March 26, 1993
66

Rule 16 Scheduling Order Issued. Ready for trial by 9/07/93, Joining of Parties Deadline 4/30/93 ; Amending of Pleadings Deadline 4/30/93 ; Discovery Deadline 5/28/93 ; Motion Filing Deadline 6/30/93 ( Signed by Judge Thomas J. McAvoy dd 3-26-93 ) (pta) (Entered: 03/26/1993)

March 26, 1993
67

AMENDED Uniform Pretrial Order; Trial Ready by: 9/07/93; Length of Trial 1 days; Trial Location: Albany NY; Joining of Parties Deadline 4/30/93 ; Amending of Pleadings Deadline 4/30/93 ; Discovery Deadline 5/28/93 ; Motion Filing Deadline 6/30/93 ; Jury Trial Deadline 9:30 9/14/93 (dd 3-29-93 Signed by: Judge Thomas J. McAvoy ) (pta) (Entered: 03/30/1993)

March 29, 1993
68

DEFT NOTICE of Dismissal by West Winfield by 11-17-92 Order and to remove Lehner Law Firm from docket (pta) (Entered: 04/05/1993)

April 5, 1993
69

AFFIDAVIT by Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe Re: in support of co-Defts Stipulation to Amend PT Order (pta) Modified on 09/30/1993 (Entered: 04/05/1993)

April 5, 1993
70

ATTY McLoughlin Noll Letter Request to adjourn 9-14-93 trial for the following week, due to their trial schedule dd 4-19-93 (pta) (Entered: 04/21/1993)

April 21, 1993
71

ORDER ; denying Atty McLoughlin Noll Request to adjourn 9-14-93 Trial Date - [70-1] remark (dd 4-23-93 signed by Judge Thomas J. McAvoy ) (pta) (Entered: 04/23/1993)

April 23, 1993
72

DEFTS MOTION by County of Herkimer, Sgt. Panko, House, Allan, Epps, Jacquelyn M. Asnoe by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts , or alternative by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts , Hearing set for 10:00 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (pta) (Entered: 06/30/1993)

June 30, 1993
73

DEFTS Rule 10J Statement in Support of [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, [72-2] motion for Summary Judgment FRCP 56 in favor of said Defts w/PROPOSED ORDER (pta) (Entered: 06/30/1993)

June 30, 1993
74

DEFTS Exhibit List w/ AFFIDAVIT by Carrie McLoughlin Noll, Esq. (Exhibit A); Memorandum of Law (Exhibit B); Exhibits C to K; in support of Re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, [72-2] motion for Summary Judgment FRCP 56 in favor of said Defts (pta) (Entered: 06/30/1993)

June 30, 1993
75

DEFTS MOTION by Chuck's Towing, Charles Furner by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6) , alternative by Chuck's and Furner for Summary Judgment FRCP 56 , Affidavit John P. Sidd (Exhibit A); Exhibits B to D; set for 10:00 a.m. in Albany NY on 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (pta) (Entered: 06/30/1993)

June 30, 1993
77

DEFTS Rule 10J Statement in Support of [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6), [75-2] for Summary Judgment FRCP 56 filed by Chuck's Towing, Charles Furner (pta) (Entered: 06/30/1993)

June 30, 1993
79

MOTION by Gary L. Greene, Harry C. Schlesier for Summary Judgment , Hearing set for 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (fce) (Entered: 07/06/1993)

June 30, 1993
79

Rule 10J Statement in Support of [79-1] motion for Summary Judgment filed by Gary L. Greene, Harry C. Schlesier (fce) (Entered: 07/06/1993)

June 30, 1993
79

AFFIDAVIT by Terrence X. Tracy for Gary L. Greene, Harry C. Schlesier Re: [79- 1] motion for Summary Judgment (fce) (Entered: 07/06/1993)

June 30, 1993
80

MEMORANDUM by Gary L. Greene, Harry C. Schlesier in support of [79-1] motion for Summary Judgment (fce) (Entered: 07/06/1993)

July 1, 1993
78

ORDER REFERRING CASE to Magistrate Judge Daniel Scanlon Jr. for discovery/settlement (dd 7-02-93 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 07/02/1993)

July 2, 1993
81

MEMORANDUM by Stephen J. Wachtler in opposition to [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts (fce) (Entered: 07/26/1993)

July 23, 1993
81

AFFIDAVIT by Stephen J. Wachtler Re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts (fce) (Entered: 07/26/1993)

July 23, 1993
81

Rule 10J Statement in Support of [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts filed by Stephen J. Wachtler (fce) (Entered: 07/26/1993)

July 23, 1993
82

COURT Scheduling Notice:, Motion Hearing re-set for 10:00 a.m. in Albany NY before Judge McAvoy on 9/13/93 re: [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6), re: [75-2] motion by Chuck's and Furner for Summary Judgment FRCP 56, re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, re: [72-2] motion by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts, re: [79-1] motion for Summary Judgment , Response to Motion reset to 8/30/93 , Reply to Response to Motion reset to 9/7/93 - FINAL ADJOURNMENT [adj fr 8-09-93 MC] (pta) (Entered: 07/28/1993)

July 27, 1993
83

VILLAGE OF WEST WINFIED Atty Applegate Letter dd 7-26-93 requesting it is no longer necessary to provide him w/copies of documents (pta) Modified on 09/30/1993 (Entered: 07/28/1993)

July 28, 1993
84

DEFTS AFFIDAVIT by Carrie McLoughlin Noll, Esq. on behalf of Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe as opposition to Re: Pltf Cross-motion for summary judgment and sanctions (pta) (Entered: 08/02/1993)

Aug. 2, 1993
85

Minute entry:, MOTION CALENDAR HELD 8-09-93 ALBANY NY Appearances: Court Reporter/ECRO: V. Theleman; No Counsel. 1) Deft Furner & Chuck's Motion for Judgment on Pleadings or for S.J. [75-1 & 75-2] 2) Defts Herkimer County, Panko, House, Allen, Epps & Asnoe Motion to Dismiss or for S.J. [72-1 & 72-2] 3) Deft Schlesier Motion for S.J. [79-1] ADJOURNED UNTIL 9-13-93 IN ALBANY NY (pta) (Entered: 08/11/1993)

Aug. 11, 1993
86

MOTION by John F. Skinner to Dismiss , or for Summary Judgment Motion returnable before Judge/Mag. Judge: McAvoy (tjm) (Entered: 08/26/1993)

Aug. 26, 1993
87

MEMORANDUM by John F. Skinner in support of [86-1] motion to Dismiss (tjm) (Entered: 08/26/1993)

Aug. 26, 1993
88

Scheduling Notice: set Motion Hearing set for 10:00 9/13/93 in Albany re: [86-1] motion to Dismiss, set for 10:00 9/13/93 in Albany re: [86-2] motion for Summary Judgment , Response to reset to 8/30/93 for [86-1] motion to Dismiss, reset to 8/30/93 for [86-2] motion for Summary Judgment , Reply to Response to Motion reset to 9/7/93 for [86-1] motion to Dismiss, reset to 9/7/93 for [86-2] motion for Summary Judgment (tjm) (Entered: 08/26/1993)

Aug. 26, 1993
89

RESPONSE and CROSS-MOTION with Proposed Order by Stephen J. Wachtler, by Wachtler for Summary Judgment Nunc Pro Tunc FRCP 56 , Affirmation Stephen J. Wachtler; AND will rely on previous submitted Affirmation/Rule 10j /Exhibits / Memorandum dd 7-23-93; Response Deadline 9-07-93 re: Defts Motion to Dismiss or Summary Judgment. (pta) (Entered: 08/27/1993)

Aug. 27, 1993
90

County of Herkimer Atty McLoughlin ltr/RESPONSE to Pltf [89-2] motion (plp) (Entered: 09/03/1993)

Sept. 3, 1993
91

Letter MOTION of AAG Tracy dd 9-08-93 on behalf of Troopers Gary L. Greene, Harry C. Schlesier by Greene & Schlesier for Adjournment of 9-14-93 Jury Trial Date , Hearing set for at 9/13/93 at 10:00 a.m. (pta) (Entered: 09/09/1993)

Sept. 9, 1993
92

ATTY McLoughlin Noll Letter dd 9-08-93 re: qualified immuniity issue pending on 9-13-93 MC and not submitting PT papers (pta) (Entered: 09/10/1993)

Sept. 10, 1993

Motion hearing re: [89-2] motion, [86-1] motion to Dismiss [86-2] motion for Summary Judgment [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6) [75-2] motion by Chuck's and Furner for Summary Judgment FRCP 56 [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) [72-2] motion by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts [79-1] motion for Summary Judgment (pta) (Entered: 09/17/1993)

Sept. 13, 1993

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Nov. 11, 1991

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male plaintiff, pulled over for speeding, refused to present driver's license to officer. He was then arrested for obstructing governmental administration. He then refused to post bond and was privately strip-searched later that night.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Village of West Winfield (West Winfield), City

County of Herkimer (Herkimer), County

Chuck's Towing and Collision Service, Private Entity/Person

Town of Columbia, City

Herkimer County Sheriff's Department (Herkimer), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 1993 - 0

Issues

General:

Access to lawyers or judicial system

Over/Unlawful Detention

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run