Case: Way v. Ventura County

2:01-cv-05401 | U.S. District Court for the Central District of California

Filed Date: June 19, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 19, 2001, a female arrestee, who had been subjected to a strip search with body cavity inspection upon being booked on misdemeanor charge of being under the influence of cocaine or methamphetamine in violation of California state law filed suit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the Ventura County Jail strip search policy. Plaintiff alleged that her search involved a visual inspection of her unclothed bod…

On June 19, 2001, a female arrestee, who had been subjected to a strip search with body cavity inspection upon being booked on misdemeanor charge of being under the influence of cocaine or methamphetamine in violation of California state law filed suit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the Ventura County Jail strip search policy. Plaintiff alleged that her search involved a visual inspection of her unclothed body cavities by a female deputy. The deputy found no contraband, weapons or drugs. Plaintiff claimed the search deprived her of her civil rights under the Fourth and Fourteenth Amendments.

Both parties filed cross-motions for summary judgment, with the defendants arguing that they were entitled to qualified immunity. The District Court (Judge Consuelo B. Marshall) granted plaintiff's motion, finding that the strip search of plaintiff, done pursuant to the County's policy, violated the Fourth Amendment. The Court denied defendants' qualified immunity defense. The defendants appealed. The appeal was initially dismissed as premature. Way v. County of Ventura, 348 F.3d 808 (9th Cir. 2003) (Circuit Judge John Clifford Wallace). When the issue was eventually decided on appeal, the Ninth Circuit Court of Appeals affirmed, in part, on the issue that the search was unconstitutional, but determined that the individual defendant deputies were entitled to qualified immunity. (That defense was not available to Ventura County.) Way v. County of Ventura, 445 F.3d 1157 (9th Cir. 2006) (Circuit Judge Pamela Ann Rymer). Certiorari was denied by Ventura County, Cal. v. Way, 127 S.Ct. 665, 166 L.Ed.2d 513 (2006).

On remand, the case was settled after three days of mediation. The parties filed a stipulated dismissal with prejudice on May 2, 2007, where plaintiff expressly agreed to waive all of her rights, including the right to recovery in the companion class action case, Gamino v. County of Ventura. [See JC-CA-53 for a case summary]. The terms of the settlement were private and not made part of the court record.

Summary Authors

Dan Dalton (1/21/2008)

Related Cases

Gamino v. Ventura County, Central District of California (2002)

People


Judge(s)

Eick, Charles F. (California)

Marshall, Consuelo Bland (California)

Reed, Edward Cornelius Jr. (Nevada)

Tallman, Richard C. (Washington)

Wallace, John Clifford (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Bell, Earnest C. S. (California)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Wisotsky, Alan E. (California)

Expert/Monitor/Master

Rymer, Pamela Ann (California)

Judge(s)

Eick, Charles F. (California)

Marshall, Consuelo Bland (California)

Reed, Edward Cornelius Jr. (Nevada)

Tallman, Richard C. (Washington)

Wallace, John Clifford (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Bell, Earnest C. S. (California)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Wisotsky, Alan E. (California)

Expert/Monitor/Master

Rymer, Pamela Ann (California)

Documents in the Clearinghouse

Document

2:01-cv-05401

Docket (PACER)

May 14, 2007

May 14, 2007

Docket
13

2:01-cv-05401

First Amended Complaint

Dec. 12, 2001

Dec. 12, 2001

Complaint
55

2:01-cv-05401

Order Denying Defendants' Motion for Summary Judgment and Granting In Part Plaintiff's Motion for Partial Summary Judgment

Way v. County of Ventura

July 22, 2002

July 22, 2002

Order/Opinion

02-56457

[Opinion]

Way v. County of Ventura

U. S. Court of Appeals for the Ninth Circuit

348 F.3d 808

Oct. 31, 2003

Oct. 31, 2003

Order/Opinion
90

2:01-cv-05401

Order Denying Motion for Summary Judgment

Way v. County of Ventura

Feb. 18, 2004

Feb. 18, 2004

Order/Opinion

2:01-cv-05401

04-55457

Opinion

U. S. Court of Appeals for the Ninth Circuit

445 F.3d 1157

April 20, 2006

April 20, 2006

Order/Opinion
98

2:01-cv-05401

Stipulated Order of Prejudicial Dismissal of All Defendants

Way v. County of Ventura

May 2, 2007

May 2, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) Issued referred to Discovery Charles F. Eick (pc) (Entered: 06/22/2001)

June 19, 2001

June 19, 2001

2

NOTICE OF INTERESTED PARTIES filed by plaintiff Noelle Way (pc) (Entered: 06/22/2001)

June 19, 2001

June 19, 2001

3

PROOF OF SERVICE executed upon defendant Ventura Police Officer Robert Ortiez; Service on 6/29/01 via personal svc by serving S/C to Lt. Fenwick, Person in charge, over the ageof 18, auth to accept svc on behalf of Ventura Police Officer Robert Ortiez (ir) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

5

ANSWER filed by dfts Ventura County, Robert - Brooks, Robert - Brooks, Robert Ortiz, err sued as Robert Ortiez to complaint [1-1]; jury demand (el) (Entered: 07/24/2001)

July 23, 2001

July 23, 2001

6

MINUTES: Proc: On the Crt's own motion, this case is set for mandatory status/scheduling conf set for 9:00 10/22/01 (see doc for specifics) by Judge Consuelo B. Marshall CR: n/a (Send) (el) (Entered: 07/25/2001)

July 24, 2001

July 24, 2001

7

PROOF OF SERVICE of S/C executed upon defendant Robert - Brooks, individually and as Sheriff for the County of Ventura; Service by Fed/State not indicated on 7/2/01 via personal delivery by serving S/C to Donna Smith, subpoena clerk, auth to accpt svc (el) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

8

PROOF OF SERVICE executed upon defendant Ventura County; Service by Fed/State not indicated on 7/2/01 via personal delivery by serving S/C to Karel Placencia, Deputy Clerk, auth to acpt svc (el) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

9

JOINT REPORT re SCHEDULING CONFERENCE purs to Rule 26(f) (el) (Entered: 08/24/2001)

Aug. 23, 2001

Aug. 23, 2001

10

MINUTES: by Judge Consuelo B. Marshall ; mandatory status/scheduling conf set for 9:00 11/26/01 CR: N/A SND (yc) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

11

MINUTES: It is ORDERED as fol(s): that the mandatory status/scheduling conference is taken off cal; discovery ddl is set on 11/30/01; Final Pretrial Conference set for 2:30 2/25/02; 4 day jury trial set on 10:00 3/26/02 (see doc for fur details) Judge Consuelo B. Marshall CR: n/a (SEND) (el) (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

12

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr bef a randomly selected judicial officer frm the Civil Settlement Panel for sttlmnt procdgs Order by Judge Consuelo B. Marshall granting settlement procedure selection request [12-1] SND (yc) (Entered: 12/06/2001)

Dec. 6, 2001

Dec. 6, 2001

13

FIRST AMENDED COMPLAINT [1-1] by plaintiff Noelle Way; adding Deputy K Hanson; jury demand. Summons not issued (el) (Entered: 12/14/2001)

Dec. 12, 2001

Dec. 12, 2001

14

STIPULATION and ORDER by Judge Consuelo B. Marshall for filing of 1st A/C; fur stip that the dft Deputy Hanson waives ntc & svc of the A/C & shall not be required to ans the amendment and that all denials, resp & affirmative defenses contained in the ans filed by dfts to the original cmp shall be responsive to the A/C (el) (Entered: 12/14/2001)

Dec. 12, 2001

Dec. 12, 2001

15

REQUEST FOR ASSIGNMENT OF SETTLEMENT JUDGE - pursuant to Local Rule 23.5.4, case assigned to Judge Wm. M. Byrne for settlement conference. (cc: all counsel) (rn) (Entered: 12/18/2001)

Dec. 18, 2001

Dec. 18, 2001

16

NOTICE OF MOTION AND MOTION by dfts Ventura County, Robert Brooks, K Hanson for summary judgment ; motion hearing for 10:00 1/28/02; Mem of PA in suppt; Lodged propsd ord; Uncontroverted facts (el) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

17

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS in suppt by defendants re motion for summary judgment [16-1] (el) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

19

MINUTES before Judge Consuelo B. Marshall: Dfts motion for summary judgment [16-1] is deemed SUBMITTED w/o oral argument as of 01/28/02. CR: N/A (Send) (jp) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

20

OPPOSITION by dfts Ventura County, Robert Brooks, K Hanson to motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1], motion for summary judgment [16-1] (el) (Entered: 01/16/2002)

Jan. 15, 2002

Jan. 15, 2002

21

OPPOSITION by plaintiff Noelle Way to dfts' motion for summary judgment [16-1]; Mem of PA; DEcl of Earnest C.S. Bell (el) (Entered: 01/17/2002)

Jan. 15, 2002

Jan. 15, 2002

22

MINUTES: Proc(s): the hearing on plf's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] is set on 10:00 2/4/02, and hearing on dfts' motion for summary judgment [16-1] is set on 10:00 2/4/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 01/24/2002)

Jan. 22, 2002

Jan. 22, 2002

23

MINUTES: The hearing on plaintiff's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] is continued to 10:00 2/25/02, the hearing on motion for judgment [16-1] is continued to 10:00 2/25/02 Final Pretrial Conference continued to 3:00 4/1/02; jury trial continued to 10:00 5/7/02 by Judge Consuelo B. Marshall CR: N/A (bp) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

24

MINUTES: The court has set this matter for a telephone conference call on 1:30 1/31/02 by Judge Consuelo B. Marshall CR: N/A (bp) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

25

MINUTES (IN CHAMBERS): Telephone Conf is held; The Court schedule a settlement conference for 9:30 3/7/02; Counsel are instructed to submit a confidential sttlmnt position letter, no greater than three pages in length, by Tuesday, 3/5/02 by Judge Wm. M. Byrne; CR: (n/a) (nhac) (Entered: 02/05/2002)

Jan. 31, 2002

Jan. 31, 2002

26

STIPULATION filed requesting clarification of status of x-motions for summ jgm (el) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

28

MINUTES: settlement conference set 3/7/02 taken off calendar ; once the mot for summ jgm is ruled on cnsl will contact this Crt to set a new sttlmnt conf date by Judge Wm. M. Byrne CR: Not Present (el) Modified on 03/08/2002 (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

27

DEFENDANTS' IN LIMINE OBJS TO BE HEARD AT PRETRIAL CONFERENCE scheduled for 4/1/02 at 3:00 p.m. (el) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

29

MINUTES: Proc(s): On the Court's own motion, the Cross-Motions for summary judgment [18-1], [16-1] are cont to 11:00 3/25/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

30

MEMO OF CONTENTIONS OF FACT and LAW by defendants (el) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

31

WITNESS list submitted by defendants (el) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

32

MINUTES: On the Court's own motion, Cross motions for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] and for summ judgment [16-1] are continued to 10:00 3/27/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/21/2002)

March 20, 2002

March 20, 2002

34

PROPOSED VOIR DIRE EXAMINATION filed by defendants (el) (Entered: 03/21/2002)

March 20, 2002

March 20, 2002

35

MINUTES: Proc: On the Court's own motion, the Final Pretrial Conference is cont to 1:30 4/22/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

36

MINUTES: Arguments had; that the motion of dfts & plf's for partial summary judgment [18-1] and motion for summary judgment [16-1] areb submitted without fur oral argument by Judge Consuelo B. Marshall CR: Lori Moriaka (el) (Entered: 03/28/2002)

March 27, 2002

March 27, 2002

37

STIPULATION and ORDER by Judge Consuelo B. Marshall ; Final Pretrial Conference set for 3:00 4/22/02 , ;the current trial date fo 5/7/02 to be cont at PTC (yc) (Entered: 04/04/2002)

April 2, 2002

April 2, 2002

38

MEMO OF CONTENTIONS OF FACT and LAW by plaintiff Noelle Way (ir) (Entered: 04/11/2002)

April 10, 2002

April 10, 2002

39

DESIGNATION OF WITNESS to be called @ trial submitted by plaintiff Noelle Way (ir) (Entered: 04/11/2002)

April 10, 2002

April 10, 2002

40

JOINT EXHIBIT list by plaintiff (ir) (Entered: 04/12/2002)

April 12, 2002

April 12, 2002

LODGED PRETRIAL CONF ORD submitted by plaintiff Noelle Way (FWD TO CRD) (ir) (Entered: 04/15/2002)

April 12, 2002

April 12, 2002

41

MINUTES: On the Court's own motion, Final Pretrial Conference is cont to 3:00 5/13/02; jury trial cont to 10:00 6/25/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

42

MOTION by plaintiff Noelle Way in limine No.1 to exclude testimony of Marijuana found after arrest ; Mem of PA; Lodged Order (el) (Entered: 04/23/2002)

April 19, 2002

April 19, 2002

43

MINUTES: ON the Court's own motion, plf's motion in limine excluding testimony of Marijuana found after arrest [42-1] is submitted w/out oral argument by Judge Consuelo B. Marshall; CR: (n/a) (nhac) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

44

ORDER by Judge Consuelo B. Marshall that ALL in limine motions [42-1] shall remain under submission pending fur order of this Court. (el) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

45

RE-NOTICE of hearing of dfts' in limine objections by defendant Ventura County (el) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

46

NOTICE of Non-opp to plf's motion in limine by defendants (el) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

47

MINUTES: (In chambers) The Court hereby grants plf's motion in limine No.1 to exclude testimony of Marijuana found after arrest [42-1] by Judge Consuelo B. Marshall CR: N/A (el) (Entered: 05/03/2002)

May 2, 2002

May 2, 2002

48

MINUTES: On the Court's own motion, the Final Pretrial Conference s cont to 3:00 6/10/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

49

PROPOSED SPECIAL VERDICT/GENERAL VERDICT with special interrogatories filed by defendant Robert Ortiez (el) (Entered: 05/09/2002)

May 8, 2002

May 8, 2002

51

MINUTES: Proc: On the Court's own motion, Final Pretrial Conference is cont to 3:00 8/19/02; jury trial cont to 10:00 9/24/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

52

OBJECTIONS filed by plaintiff Noelle Way to document proposed Verdict Form [49-1] (el) (Entered: 06/21/2002)

June 20, 2002

June 20, 2002

53

PLAINTIFF'S PROPOSED VERDICT Form (ir) (Entered: 07/03/2002)

June 28, 2002

June 28, 2002

54

NOTICE OF CHANGE Of Address (ZIP CODE to 93036) filed by atty Alan E Wisotsky for defendant K Hanson (el) Modified on 07/17/2002 (Entered: 07/17/2002)

July 16, 2002

July 16, 2002

55

ORDER by Judge Consuelo B. Marshall that Dfts' motion for summary judgment [16-1], is DENIED and Plf's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1], is GRANTED IN PART. The Court finds tht the search of plf was conducted purs to the County's strip search policy, that the search constitute a viol of plf's Fourth Amendment rights, and that the dfts are liable for dm proimate caused by the search. Dfts may file motions addressing whether they are entitled to qualified immunity. (el) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

56

MINUTES before Judge Consuelo B. Marshall: The Crt CONT the pretrial Conference to 3:00 on 9/16/02 CR: N/A (jp) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

57

MINUTES: Dfts propsd stip ord re case management lodged on 8/9/02 is DENIED. The prosd sched will no tpermit the Crt enough time to consider the rule on a mot for class certification. The sched dates pertaining to dft Ortiz remains in full force and effect by Judge Consuelo B. Marshall. IT IS SO ORDERED. CR: none present present (el) (Entered: 08/16/2002)

Aug. 14, 2002

Aug. 14, 2002

PLACED IN FILE - NOT USED propsd stip Order re Case Management (el) (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

58

NOTICE OF APPEAL by defendant Ventura County, defendant Robert Brooks, defendant K Hanson to 9th C/A from Dist. Court ord fld 7/22/02 [55-1] (cc: Jeffrey Held, Earnest C.S. Bell) Fee: Paid (dlu) (Entered: 08/21/2002)

Aug. 20, 2002

Aug. 20, 2002

59

TRANSCRIPT DESIGNATION and ordering form for dates: 3/27/02 CR: Lori Muraoka (dlu) (Entered: 08/21/2002)

Aug. 20, 2002

Aug. 20, 2002

61

RE-NOTICE OF REQUEST filed by defendant Robert Ortiez for the Court to rule upon his propsd voir dire at the pretrial conf (el) (Entered: 08/29/2002)

Aug. 27, 2002

Aug. 27, 2002

62

RE-NOTICE of REQUEST filed by defendant Robert Ortiez for issuance of Verdict with Special Interrogatories (el) (Entered: 08/29/2002)

Aug. 27, 2002

Aug. 27, 2002

63

RE-NOTICE of hearing of dfts' in limine motions by defendants (el) (Entered: 08/29/2002)

Aug. 27, 2002

Aug. 27, 2002

60

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [58-1] 02-56457. (ghap) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

LODGED Civil Appeals Docketing Statement (FWD TO 9th CCA). (cbr) (Entered: 09/03/2002) 3:00 10/7/02; jury trial cont to 10:00 11/19/02 that all the pending motions re stipulation clarification of status of x-motions for summ jgm [26-1]; the request for the Court to rule upon his propsd voir dire at the pretrial conf [61-1] is submitted, that the request for issuance of Verdict with Special Interrogatories [62-1] stand submitted without oral argument by Judge Consuelo B. Marshall CR: n/a (el) Modified on 09/05/2002 (Entered: 09/05/2002)

Aug. 30, 2002

Aug. 30, 2002

65

PROPOSED JURY INSTRUCTIONS filed by plaintiff Noelle Way (el) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

66

OBJECTIONS filed by plaintiff Noelle Way to dfts proposed Jury Instructions [33-1] (el) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

67

NOTICE of Non-Availability of plf's cnsl Earnest C.S. Bell from 9/28/02 to 10/15/02 by plaintiff Noelle Way (el) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

68

STIPULATION and ORDER CONT by Judge Consuelo B. Marshall ; Final Pretrial Conference set for 3:00 11/4/02 (pj) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

69

RE NOTICE by defendant of hearing of motions in limine, prop voir dire, jury instructions, & proposed verdict at cont ptc (pj) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

70

MINUTES: On the Court's own motion, Final Pretrial Conference is continued to 3:00 12/16/02; jury trial set on 10:00 1/28/03 ; In limine motions shall stand submitted without oral argument, motion of Robert Ortiz for hearing on In Limine Motions is denied by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

72

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/27/02 (Re: [58-1] ) CR: C. Mizell (Trans Dorothy Babykin) (dlu) (Entered: 12/11/2002)

Dec. 9, 2002

Dec. 9, 2002

TRANSCRIPT filed for proceedings held on 3/27/02 (dlu) (Entered: 12/11/2002)

Dec. 9, 2002

Dec. 9, 2002

71

MINUTES: On the Court's own motion, Final Pretrial Conference is continued to 3:00 1/6/03 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

73

MINUTES: Continued ; Final Pretrial Conference set for 3:00 2/3/03 ; jury trial set on 10:00 3/4/03 by Judge Consuelo B. Marshall CR: n/a (pj) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

74

CERTIFICATE of Record Transmitted to USCA-02-56457. (cc: all parties) (wdc) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

75

MINUTES: Court on own motion continues: Final Pretrial Conference set for 3:00 2/24/03 jury trial set on 10:00 4/1/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

76

MINUTES: Court on own motion: Final Pretrial Conference continued for 3:00 3/3/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

77

MINUTES: Court on own motion: Final Pretrial Conference continued for 3:00 3/17/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

78

MINUTES: Court on own motion: Final Pretrial Conference continued for 10:00 3/18/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

79

MINUTES: Final Pretrial Conference continued for 3:00 3/31/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 03/17/2003)

March 17, 2003

March 17, 2003

81

MINUTES: Pre Trial Conference/Jury Trial; On Court's own motion, Pretrial Conference continued to Monday 6/16/03 at 3:00; jury trial continued to 10:00 7/22/03 by Judge Consuelo B. Marshall CR: n/a (ir) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

82

STIPULATION and ORDER by Judge Consuelo B. Marshall that the Pretrial Conference date currently scheduled for 6/16/03 at 3:00 pm be continued to 7/7/03 at 3:00 pm (nhac) Modified on 06/17/2003 (Entered: 06/17/2003)

June 17, 2003

June 17, 2003

PLACED IN FILE - NOT USED; Stipulation and Order to continue pretrial conference date attached declaration of Earnest CS Bell; Lodged 6/17/03 (mch) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

83

MINUTES: Status conference held in lieu of pretrial conference ; defendants motions in limine: granted as to 1-6, denied as to 8-10; acton stayed pending further order of court; ex aprte status reports be field on or before 1/12/04 terminating case (MD JS-6) case stayed pending further order by Judge Consuelo B. Marshall CR: Leni LeBlanc (lc) (Entered: 07/09/2003)

July 7, 2003

July 7, 2003

86

NOTICE OF HEARING OF MOTIION AND MOTION by defendants K Hanson, Bob Brooks for summary judgment ; motion hearing set for 10:00 1/26/04; memorandum of Points and Authorities; Lodged Order and Statement (ir) (Entered: 12/02/2003)

Nov. 24, 2003

Nov. 24, 2003

84

CERTIFIED COPY of Appellate Court Order: dismissing the appeal [58-1] (lc) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

85

MINUTES: MANDATE from Circuit Court of Appeals dismissing appeal be filed and spread on minutes of this court (lc) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

Lodged certified copy of 9thCCA judgment, appeal is hereby dismissed. (02-56457) (wdc) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

87

Notice of change of hearing to 1/26/04 re defedants' motion for summary judgment [86-1] (lc) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

88

OPPOSITION to defendants Motion for Summary Judgment[86] filed by Plaintiff Noelle Way. (mch, ) (Entered: 01/13/2004)

Jan. 9, 2004

Jan. 9, 2004

89

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall : On the Court's own motion, [86] Motion of Defendants Karen Hanson and Bob Brooks for Summary Judgment is continued for hearing on 1/29/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (shb, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

92

MINUTES of Motion Hearing held on defendants Karen Hanson and Bob Brooks Motion for Summary Judgment[86], Order by Judge Consuelo B. Marshall denying Motion for Summary Judgment[86]; court to issue formal orde; Court Reporter: Leandra Amber. (lc, ) Modified on 3/9/2004 (lc, ). (Entered: 03/09/2004)

Jan. 29, 2004

Jan. 29, 2004

90

ORDER by Judge Consuelo B. Marshall : denying [86] defendants Karen Hanson and Sheriff Rovert Brooks Motion for Summary Judgment (lc, ) (Entered: 02/20/2004)

Feb. 18, 2004

Feb. 18, 2004

91

NOTICE OF APPEAL to 9th CCA filed by defendants Ventura County, Bob Brooks, Karen Hanson. Appeal of Order 90, Filed On: 2/18/04; Entered On: 2/20/04; Order 55 Filed On: 7/22/02; Filing fee $255, Paid, receipt number 60357. cc: Alan E. Wisotsky;

March 4, 2004

March 4, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court [91]. (cbr, ) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

93

NOTIFICATION by Circuit Court of Appellate Docket Number 04-55457, 9th CCA regarding Appeal to Circuit Court, [91] filed by Ventura County. (cbr, ) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

94

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 04-55457 Record consists of 1 thru 2 volumes, 1 transcript. (cbr, ) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

95

MANDATE of 9th CCA filed as to Appeal to Circuit Court, [91], CCA # 04-55457. The appeal is Affirmed in part and Reversed in part. Mandate received in this district on 6/9/06. (dmap, ) (Entered: 06/13/2006)

June 2, 2006

June 2, 2006

96

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 2; Transcripts(s): 1; RE: Appeal Record Sent to USCA (A-26)[94] (et) (Entered: 10/28/2006)

Oct. 25, 2006

Oct. 25, 2006

97

REQUEST for a status conference date at which time an Order for setting pretrial and trial dates filed by plaintiff Noelle Way. (et) (Entered: 01/16/2007)

Dec. 18, 2006

Dec. 18, 2006

98

STIPULATED ORDER OF PREJUDICIAL DISMISSAL OF ALL DEFENDANTS by Judge Consuelo B. Marshall: Ordered that the Defendants, County of Ventura, Robert Brooks, Robert Ortiz, and Karen Hanson, in every capacity, are dismissed with prejudice from this litigation and any other lawsuit in any other federal or any state court. Both sides retain the right to make whatever arguments they believe necessary in the companion class action, Gamino. The Plaintiff, in exchange for consideration recited in the agreement terminating the JAMS mediation on 3/29/2007, waives all past, present, and future damages; equitable and declaratory relief; discovery rights; and joinder as a party plaintiff or claimant in the companion class action, Gamino; and further waives all past, present, and future attorneys' fees, whether of record or not, plus a full and final waiver of all past, present, and future ordinary and extraordinary costs. (gk, ) (Entered: 05/03/2007)

May 2, 2007

May 2, 2007

99

WRITTEN NOTICE of Entry of Order of Prejudicial Dismissal of All Defendants filed by Defendants County of Ventura, Robert Brooks, Robert Ortiz (erroneously sued Ventura Police Officer Robert Ortiez), and Karen Hanson (erroneously sued as Deputy K. Hanson. (gk, ) (Entered: 05/23/2007)

May 14, 2007

May 14, 2007

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 19, 2001

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was arrested for suspicion of being under the influence of methamphetamines. While waiting in the cell at the Ventura County Jail, plaintiff was strip searched, including a body cavity search.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ventura County (Ventura), County

Ventura County Sheriff's Department (Ventura), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run