Case: Garvey v. MacDonald

3:07-cv-30049 | U.S. District Court for the District of Massachusetts

Filed Date: March 28, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On January 18, 2005, Plaintiff, represented by a private attorney, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts (Springfield), challenging the strip search policy of the Franklin County Jail ("Jail"). Plaintiff was arrested on an outstanding traffic warrant and was subjected to two strip searches upon his arrival at the Jail. The strip searches were conducted pursuant to the Sheriff's General Order 506 which, up until February 25, …

On January 18, 2005, Plaintiff, represented by a private attorney, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts (Springfield), challenging the strip search policy of the Franklin County Jail ("Jail"). Plaintiff was arrested on an outstanding traffic warrant and was subjected to two strip searches upon his arrival at the Jail. The strip searches were conducted pursuant to the Sheriff's General Order 506 which, up until February 25, 2007, mandated that all detainees except those in protective custody be strip searched on admission to the jail and again before leaving the jail to go to court. Plaintiff claimed that the policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution and requested that the Court award compensatory and punitive damages, declaratory and injunctive relief, and class certification.

On March 14, 2008, Plaintiff filed a Motion of Class Certification. Plaintiff sought to represent a class of approximately 400 people who were illegally strip searched at the Jail. The proposed class consists of all people strip searched without individualized reasonable suspicion on or after March 28, 2004, and before February 25, 2007, at the Jail. On April 15, 2008, the Court (Magistrate Judge Kenneth P. Neiman) granted Plaintiff's Motion for Class Certification.

The parties conducted discovery from July 2007 to November 2008, after which they both filed Motions for Summary Judgment. On October 22, 2009, in a Memorandum and Order, the Court (Magistrate Judge Kenneth P. Neiman) granted Plaintffs' Motion for Summary Judgment and denied Defendants' Cross Motion.

Following the Court's ruling, the parties entered settlement negotiation. After several months' negotiation, the parties signed the Settlement Agreement on June 24, 2010. The Court approved the parties's Joint Motion for Preliminary Approval of Class Settlement on July 12, 2010. An Amended Settlement Agreement was filed on July 15, 2010. Plaintiffs filed a Joint Motion for Final Approval of Class Action Settlement on December 23, 2010. On January 14, 2011, the Court (Magistrate Judge Kenneth P. Neiman) approved the Class Action Settlement. Under the Settlement Agreement, the Commonwealth agreed to pay on behalf of all Defendants $1,162,468 to settle all claims brought by Plaintiffs in this action, including claims for attorney's fees and costs.

Summary Authors

Xin Chen (1/21/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4867722/parties/garvey-v-macdonald/


Judge(s)

Nieman, Kenneth P. (Massachusetts)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Milton, David (Massachusetts)

Attorneys(s) for Defendant

Strayer, Kerry David (Massachusetts)

Other Attorney(s)

Active

Judge(s)

Nieman, Kenneth P. (Massachusetts)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Milton, David (Massachusetts)

Attorneys(s) for Defendant

Strayer, Kerry David (Massachusetts)

Other Attorney(s)

Bills, Jennifer L. (Massachusetts)

Documents in the Clearinghouse

Document

3:07-cv-30049

Docket

May 20, 2011

May 20, 2011

Docket
1

3:07-cv-30049

Complaint

March 28, 2007

March 28, 2007

Complaint
21

3:07-cv-30049

Plaintiffs' Memorandum in Support of Class Certification

March 14, 2008

March 14, 2008

Pleading / Motion / Brief
32

3:07-cv-30049

Plaintiffs' Memorandum in Support of Summary Judgment

Nov. 17, 2008

Nov. 17, 2008

Pleading / Motion / Brief
38

3:07-cv-30049

Memorandum in Support of Defendants' Cross Motion for Summary Judgment

Dec. 22, 2008

Dec. 22, 2008

Pleading / Motion / Brief
49

3:07-cv-30049

Memorandum and Order with regard to Cross−Motions for Summary Judgment

665 F.Supp.2d 47

Oct. 22, 2009

Oct. 22, 2009

Order/Opinion
59

3:07-cv-30049

Plaintiffs' Memorandum in Support of Joint Motion for Preliminary Approval of Class Settlement

June 25, 2010

June 25, 2010

Pleading / Motion / Brief
61-1

3:07-cv-30049

Amended Settlement Agreement

July 15, 2010

July 15, 2010

Settlement Agreement
68

3:07-cv-30049

Plaintiffs' Memorandum in Support of Joint Motion for Final Approval of Class Settlement

Dec. 23, 2010

Dec. 23, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4867722/garvey-v-macdonald/

Last updated Aug. 1, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
2

Civil Cover Sheet & Category Sheet re 1 Complaint by Gregory Garvey, Sr. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet# 2 Civil Cover Sheet Category Form)(Friedman, Howard) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

Case Assigned to Judge Kenneth P. Neiman. (Finn, Mary) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

Summons Issued as to Frederick B. MacDonald, Forbes Byron. (Finn, Mary) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

Remark - Magistrate Judge Consent Form to counsel. (Finn, Mary) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

3

WAIVER OF SERVICE Returned Executed Frederick B. MacDonald waiver sent on 4/5/2007, answer due 6/4/2007. (Friedman, Howard) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

4

WAIVER OF SERVICE Returned Executed Forbes Byron waiver sent on 4/4/2007, answer due 6/4/2007. (Friedman, Howard) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

5

ANSWER to Complaint by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

6

NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 7/11/2007 at 10:00 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 certs by 7/5/07. (Healy, Bethaney) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

7

MOTION to Continue Scheduling Conference to Week of July 16, 2007 by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

Judge Kenneth P. Neiman : Electronic ORDER entered granting 7 Motion to Continue Scheduling Conference set for 7/17/2007 11:30 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman. (Stuckenbruck, John) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

8

Consent to Magistrate Judge Neiman's Standing Order. (Lindsay, Maurice) Additional attachment(s) added on 6/20/2007 (Lindsay, Maurice). (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

9

CONSENT to Jurisdiction by US Magistrate Judge by Gregory Garvey, Sr.. (Lindsay, Maurice) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

10

CERTIFICATION pursuant to Local Rule 16.1 Executed by Gregory Garvey, Sr.(Friedman, Howard) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

11

CERTIFICATION pursuant to Local Rule 16.1 by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

12

JOINT STATEMENT re scheduling conference. (Strayer, Kerry) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

75

Magistrate Judge Kenneth P. Neiman: ORDER ENTERED, cc:cl. (Healy, Bethaney)

Feb. 8, 2011

Feb. 8, 2011

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 28, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people strip searched without individualized reasonable suspicion on or after March 28, 2004, and before February 25, 2007, at the Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County Jail (Franklin), County

Franklin County Sheriff's Department (Franklin), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,162,468

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run