Filed Date: March 28, 2007
Closed Date: 2011
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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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4867722/parties/garvey-v-macdonald/
Nieman, Kenneth P. (Massachusetts)
Friedman, Howard (Massachusetts)
Milton, David (Massachusetts)
Strayer, Kerry David (Massachusetts)
Bills, Jennifer L. (Massachusetts)
See docket on RECAP: https://www.courtlistener.com/docket/4867722/garvey-v-macdonald/
Last updated April 6, 2025, 10:47 a.m.
State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
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):
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
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $1,162,468
Issues
General/Misc.:
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions: