Case: Iaffaldano v. Nassau County

0:99-cv-04238 | U.S. District Court for the Eastern District of New York

Filed Date: June 3, 1999

Closed Date: June 19, 2017

Clearinghouse coding complete

Case Summary

On July 27, 1999, a plaintiff represented by private New York attorneys filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York, challenging the blanket strip search policy of the Nassau County Correctional Center. The plaintiff alleged that under the policy, all misdemeanor and minor offense arrestees were strip-searched without reasonable suspicion that they were concealing weapons or other contraband. Plaintiff alleged the policy …

On July 27, 1999, a plaintiff represented by private New York attorneys filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of New York, challenging the blanket strip search policy of the Nassau County Correctional Center. The plaintiff alleged that under the policy, all misdemeanor and minor offense arrestees were strip-searched without reasonable suspicion that they were concealing weapons or other contraband. Plaintiff alleged the policy violated the Fourth Amendment and sought declaratory and injunctive relief, monetary damages, and class certification.

This case, Iaffaldano v. County of Nassau, 99-CV-4238, was one of three cases filed in U.S. District Court for the Eastern District of New York challenging the blanket strip search policy of the Nassau County Correctional Center. The other two cases were O'Day v. Nassau County and Augustin v. Jablonsky. Plaintiffs in all three cases moved to consolidate the cases and for class certification of a class defined as "all persons arrested for or charged with non-felony offenses who have been admitted to the Nassau County Correctional Center and strip searched without particularized reasonable suspicion." The District Court (District Judge Denis J. Hurley) consolidated the cases, but denied class certification. Augustin v. Jablonsky, 2001 WL 770839 (E.D. N.Y. Mar. 08, 2001).

See Augustin v. Jablonsky for the summary of proceedings occurring after the consolidation of the three cases.

On April 10, 2014, the Eastern District of New York entered final judgment for the defendant on federal constitutional claims and for the plaintiff class on state constitutional claims, awarding $11,508,000 in damages as well as attorney's fees to the plaintiff class. 2014 WL 1338426. On appeal, the court upheld the District Court ruling. Defendants filed a writ of certiorari to appeal to the U.S. Supreme Court, but it was denied on October 12, 2106.

The case is closed.

Summary Authors

Dan Dalton (3/5/2008)

Maurice Youkanna (7/30/2014)

Anna Brito (3/24/2019)

Cedar Hobbs (3/12/2020)

Related Cases

O'Day v. Nassau County, Eastern District of New York (1999)

Augustin v. Jablonsky, Eastern District of New York (1999)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5532073/parties/iaffaldano-v-county-of-nassau/


Judge(s)

Cabranes, José Alberto (Connecticut)

Hall, Peter W. (Vermont)

Hurley, Denis Reagan (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cromwell, John M. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Kreindler, James P. (New York)

Kushlefsky, Noah H. (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Hall, Peter W. (Vermont)

Hurley, Denis Reagan (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cromwell, John M. (New York)

Freedman, Spencer B. (New York)

Herbst, Robert L. (New York)

Kreindler, James P. (New York)

Kushlefsky, Noah H. (New York)

Moller, Marc S. (New York)

Moore, Jonathan C. (New York)

Restituyo, Martin E (New York)

Rodriguez, Blanca I. (New York)

Scanlon, Vera M. (New York)

Smith, Jeffrey G. (New York)

Spragg, Robert J. (New York)

Wang, Mariann Meier (New York)

Attorneys(s) for Defendant

Ben-Sorek, Liora M. (New York)

Ford, Bernadette K. (New York)

Goodman, Lorna B. (New York)

Lobasso, Christine Ann (New York)

Millus, Paul F. (New York)

Nocella, Joseph (New York)

Saffran, Dennis J. (New York)

Sarno, Lindafel Lynnette (New York)

Van Der Waag, Robert F. (New York)

Waters, Gerald C Jr. (New York)

Other Attorney(s)

Dickman, Mary M (New York)

Grieco, Matthew William (New York)

Schulz, David A (New York)

Documents in the Clearinghouse

Document

0:99-cv-04238

Docket [PACER]

Aug. 17, 2010

Aug. 17, 2010

Docket

0:91-cv-03126

Docket [PACER]

Augustin v. Jablonsky

Jan. 25, 2013

Jan. 25, 2013

Docket

0:99-cv-02844

Docket [PACER]

O'Day v. Nassau County

Nov. 13, 2019

Nov. 13, 2019

Docket
89-2

0:99-cv-02844

Memorandum and Order

In Re: Nassau County Strip Search Cases

Aug. 20, 2004

Aug. 20, 2004

Order/Opinion
103

0:99-cv-04238

0:99-cv-02844

0:99-cv-03126

Stipulation of Settlement

O'Day, et al v. Nassau County, et al

June 24, 2005

June 24, 2005

Settlement Agreement
105

0:99-cv-04238

0:99-cv-02844

0:99-cv-03126

Final Judgment

O'Day v. Nassau County

July 5, 2005

July 5, 2005

Order/Opinion
119-2

05-04206

05-04211

05-04242

Decision [2nd Circuit remanding class action certification]

O'Day v. County of Nassau

U. S. Court of Appeals for the Second Circuit

461 F.3d 219

Aug. 24, 2006

Aug. 24, 2006

Order/Opinion
54-3

0:99-cv-04238

0:99-cv-02844

0:99-cv-03126

Order [Certifying Class]

Augustin v. Jablonsky

Jan. 12, 2007

Jan. 12, 2007

Order/Opinion
537

0:91-cv-02844

Memorandum and Order

In re NASSAU COUNTY STRIP SEARCH CASES

July 26, 2017

July 26, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5532073/iaffaldano-v-county-of-nassau/

Last updated May 20, 2022, 1:13 a.m.

ECF Number Description Date Link Date / Link
47

MEMORANDUM AND OPINION granting class certification. A pre-trial conference will be held on May 9, 2008 at 2:00 pm.. See attached order.. Ordered by Senior Judge Denis R. Hurley on 3/27/2008. (Best, Patricia)

March 27, 2008

March 27, 2008

RECAP
1

COMPLAINT filed and summons(es) issued for County of Nassau, Thomas S. Gulotta, Nassau County Sherif, Division of Correcti, Joseph P. Jablonsky, Port Washington Poli, William Kilfoil FILING FEE $ 150.00 RECEIPT # 221562 (Campbell, Jennifer) (Entered: 07/30/1999)

July 27, 1999

July 27, 1999

2

NOTICE of attorney appearance for Joseph P. Jablonsky, Division of Correcti, Nassau County Sherif, Thomas S. Gulotta, County of Nassau by Paul F. Millus (Warner, Pam) (Entered: 08/19/1999)

Aug. 12, 1999

Aug. 12, 1999

3

RETURN OF SERVICE executed as to Joseph P. Jablonsky 8/9/99 Answer due on 8/29/99 for Joseph P. Jablonsky (Warner, Pam) (Entered: 08/19/1999)

Aug. 12, 1999

Aug. 12, 1999

3

RETURN OF SERVICE executed as to Nassau County Sherif 8/9/99 Answer due on 8/29/99 for Nassau County Sherif (Warner, Pam) (Entered: 08/19/1999)

Aug. 12, 1999

Aug. 12, 1999

3

RETURN OF SERVICE executed as to Thomas S. Gulotta, County of Nassau 8/4/99 Answer due on 8/24/99 for County of Nassau, for Thomas S. Gulotta (Warner, Pam) (Entered: 08/19/1999)

Aug. 12, 1999

Aug. 12, 1999

3

RETURN OF SERVICE executed as to William Kilfoil, Port Washington Poli 8/5/99 Answer due on 8/25/99 for Port Washington Poli, for William Kilfoil (Warner, Pam) (Entered: 08/19/1999)

Aug. 12, 1999

Aug. 12, 1999

4

STIPULATION and ORDER, extending time , and resetting answer due for 9/22/99 for County of Nassau, for Thomas S. Gulotta, for Nassau County Sherif, for Division of Correcti, for Joseph P. Jablonsky, for Port Washington Poli, for William Kilfoil ( signed by Judge Denis Hurley , on 9/8/99) (Bollbach, Jean) (Entered: 09/15/1999)

Sept. 15, 1999

Sept. 15, 1999

Endorsed order granting [5-1] motion to schedule a joint initial conference in 99 CV 3126, 98 CV 2844, and 99 CV 4238 ( Signed by Magistrate-Judge Arlene R. Lindsay , on 9/29/99) EOD# 5 CF (Branciforte, Ralph) (Entered: 10/05/1999)

Sept. 29, 1999

Sept. 29, 1999

6

Letter MOTION by Thomas S. Gulotta, County of Nassau for a pre- motion conference for a motion to dismiss pursuant to Rule 12(b)(6). Motion hearing (Branciforte, Ralph) (Entered: 10/06/1999)

Sept. 30, 1999

Sept. 30, 1999

Endorsed order terminating [6-1] motion for a pre-motion conference. No conference is required for a 12(b)(6) motion. Defendant's to serve motion by 11/1/99 , Response to motion by 12/1/99 , Reply to Response to Motion on 1/4/00 , setting motion filing deadline for 1/4/00 ( Signed by Judge Denis Hurley , on 9/30/99) EOD# 6 CM (Branciforte, Ralph) (Entered: 10/06/1999)

Sept. 30, 1999

Sept. 30, 1999

7

ANSWER to Complaint by Joseph P. Jablonsky, Nassau County Sherif, County of Nassau (Branciforte, Ralph) (Entered: 10/21/1999)

Oct. 1, 1999

Oct. 1, 1999

8

STIPULATION and ORDER, resetting answer due for 9/29/99 for Port Washington Poli, for William Kilfoil ( signed by Judge Denis Hurley , on 10/8/99) CM (Branciforte, Ralph) (Entered: 10/21/1999)

Oct. 8, 1999

Oct. 8, 1999

9

Calendar entry: Before USMJ Lindsay on 11/6/99. Counsel on civil action numbers: 99 CV 2844; 99 CV 3126; and 99 CV 4238 are to appear before the undersigned for an initial conference on 1/6/00 at 2:00 PM. CM (Branciforte, Ralph) (Entered: 11/23/1999)

Nov. 16, 1999

Nov. 16, 1999

10

STIPULATION and ORDER Plaintiff withdraws any and all claims in this action against County Executive Thomas S. Gulotta, without prejudice. In the event that plaintiff allegedly determines that County executive Thomas S. Gulotta should be reinstated as a proper party defendant, plaintiff must seek leave of the Court to do so, unless otherwise stipulated between the parties. In the event that plaintiff seeks to reinstate the claims in this action against County executive Thomas S. Gulotta, while preserving any and all other defenses to such claims, defendants shall not raise the Statute of Limitations as a bar to such claims. ( signed by Judge Denis Hurley , on 11/22/99) (Branciforte, Ralph) (Entered: 11/30/1999)

Nov. 22, 1999

Nov. 22, 1999

11

LETTER dated 10/14/99 from Jeffrey G. Smith to Judge Hurley re: plaintiff's proposed motion to strike. (Sapienza, Lorraine) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

Endorsed order granting the Port Washington defendants [12-1] motion for leave to file Motion to Dismiss. The parties shall confer on a briefing schedul and file all papers with the court when the motion is fully briefed. ( Signed by Judge Denis Hurley , on 12/22/99) EOD# 12 (Branciforte, Ralph) (Entered: 01/05/2000)

Dec. 22, 1999

Dec. 22, 1999

Status conference held (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

13

Calendar entry: Before USMJ Lindsay on 1/6/00 @ 2:00 PM. Civil Cause For Initial Confernece. Case called. Counsel for parties present. Pre-trial Scheduling order adopted. (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

14

SCHEDULING ORDER setting Settlement Conference by 10:30 7/20/00 ; Discovery cutoff 6/23/00 ; Pretrial order to be submitted on or before 7/14/00 ; Request for Pre-Motion 6/30/00. ( signed by Magistrate Arlene R. Lindsay , on 1/6/00) CG (Branciforte, Ralph) (Entered: 01/12/2000)

Jan. 6, 2000

Jan. 6, 2000

15

STIPULATION and ORDER Plaintiff's opposition to the Port Washington Defendants' motion to dismiss, and strike plaintiff's class allegations or, in the alternative, for summary judgment with respect to plaintiff's class allegations, shall be served by 2/22/00; Port Washington Defendants' reply papers served by 3/22/00. ( signed by Judge Denis Hurley , on 2/1/00) CM (Branciforte, Ralph) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

17

MOTION by William Kilfoil, Port Washington Poli to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment , Motion hearing Motion file stamped: 4/6/00 and mailed/served: 2/22/00 (Branciforte, Ralph) (Entered: 04/07/2000)

Feb. 22, 2000

Feb. 22, 2000

18

MEMORANDUM by William Kilfoil, Port Washington Poli in support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00 (Branciforte, Ralph) (Entered: 04/07/2000) Poli in support [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and strike the allegations of the of the complaint to the that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

Feb. 22, 2000

Feb. 22, 2000

20

AFFIDAVIT by William Kilfoil in support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that action shall not be maintained as a class action against Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment (Branciforte, Ralph) (Entered: 04/07/2000)

Feb. 22, 2000

Feb. 22, 2000

21

MEMORANDUM by John Iaffaldano in opposition to [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

Feb. 22, 2000

Feb. 22, 2000

16

Letter MOTION by Port Washington Poli, Joseph P. Jablonsky, Division of Correcti, Nassau County Sherif, County of Nassau To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126 , Motion hearing (Branciforte, Ralph) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

Endorsed order granting [16-1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers served on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley , on 3/10/00) EOD# 16 (Branciforte, Ralph) (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

22

REPLY MEMORANDUM OF LAW by William Kilfoil, Port Washington Poli in further support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

April 6, 2000

April 6, 2000

24

DECLARATION by L. Lynnette Sarno for William Kilfoil, Port Washington Poli in opposition to the motion for consolidation and class certification in 99 CV 3126. (Branciforte, Ralph) (Entered: 06/08/2000)

June 6, 2000

June 6, 2000

25

PARTIAL STIPULATION and ORDER, dismissing this case with prejudice as to the defendants Port Washington Police District, William Kilfoil, Chief of Police, The Port Washington Police District ( signed by Judge Denis Hurley , on 6/16/00) (Branciforte, Ralph) (Entered: 06/19/2000)

June 16, 2000

June 16, 2000

27

LETTER dated 6/22/00 from Jeffrey Smith to USMJ Lindsay RE: Enclosed please find copies of plaintiff's application to Extend Deadlines in the Pre-Trial Scheduling Orders. (Branciforte, Ralph) (Entered: 07/06/2000)

June 23, 2000

June 23, 2000

Endorsment on [27-1] letter. The Court declines to enter the pretrial scheduling order requested. However, a 90-day extension of discovery is granted. All discovery is to conclude by 9/25/00. Request for a pre- motion conference by 10/10/00. Joint pretrial order by 10/19/00. Settlement conference on 10/24/00 at 3:00 p.m. In the event the certification motion changes the landscape of the discovery in this matter, parties are to so advise the undersigned. ( Signed by Magistrate Arlene R. Lindsay , on 6/23/00) CM (Branciforte, Ralph) (Entered: 07/06/2000)

June 23, 2000

June 23, 2000

Deadline updated; resetting discovery due for 9/25/00 , resetting pretrial order due for 10/19/00 , resetting settlement conference for 3:00 10/24/00 before Magistrate Arlene R. Lindsay (Branciforte, Ralph) (Entered: 07/06/2000)

June 23, 2000

June 23, 2000

26

ORDER Plaintiffs' application to extend the Scheduling Order issued by USMJ Lindsay is referred to USMJ Lindsay. In addition, the motion to dismiss filed by the Port Washington Defendants in 99 CV 4238 is administratively terminated as such defendants were dismissed from that case by order dtd. 6/16/00. (Judge Denis R. Hurley, dtd. 6/26/00) (Branciforte, Ralph) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

28

ORDER, resetting settlement conference for 2:00 11/2/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay , on 7/12/00) CM (Branciforte, Ralph) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

29

ORDER, that request by counsel for defts for extension of time is denied however, a 60 day extension of discovery is granted. All discovery is to conclude by 11/27/00. The parties are advised that, due to the age of this case, no further extensions of discovery will be granted. Request for a premotion conference by 12/7/00. Joint pretrial order by 12/14/00. Settlement conference scheduled for 11/2/00 is hereby adjourned and rescheduled for 12/21/00 @2:00 ( signed by Magistrate Arlene R. Lindsay , on 9/22/00) (Mierzewski, Liz) Modified on 10/04/2000 (Entered: 10/04/2000)

Sept. 22, 2000

Sept. 22, 2000

LETTER dated 12/7/00 from counsel for pltff to Judge Hurley re: Request for a pre-motion conference. (Docketed on 99 cv 3126 #26) (Mierzewski, Liz) (Entered: 12/12/2000)

Dec. 7, 2000

Dec. 7, 2000

30

LETTER dated 12/1/00 from Robert L. Herbst to Judge Lindsay re: Request for additional time to complete discovery in this matter. (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

31

Letter MOTION to extend time for the settlement conference scheduled for 12/21/00 , Motion hearing [31-1] motion (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

31

ORDER granting [31-1] motion to extend time for the settlement conference scheduled for 12/21/00 ( signed by Magistrate Arlene R. Lindsay , on 12/12/00) cf (Mierzewski, Liz) (Entered: 01/02/2001)

Dec. 12, 2000

Dec. 12, 2000

32

Calendar entry:, Before Magistrate Judge Lindsay dtd 2/9/01 Civil Cause for Conference. All parties present. set status conference for 10:00 3/14/01 before Magistrate Arlene R. Lindsay (Mierzewski, Liz) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

33

ORDER, reset status conference for 3:00 4/2/01 ( signed by Magistrate Arlene R. Lindsay , on 3/7/01) cm (Mierzewski, Liz) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

34

----------------------------------------------------------- - MEMORANDUM and ORDER granting in part, denying in part [16-1] motion to consolidate 99 CV 2844 and 99 CV 5126 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; The motion to consolidate this case with 99 CV 2844 and 99 CV 5126 is granted. to the extent it seeks certification of a unified class action is denied and motion to appoint Herbst & Greenwald as lead counsel is denied without prejudice to renew text----------------------------------------- MEMORANDUM and ORDER, consolidating cases ( signed by Judge Denis Hurley , on 3/8/01) (Mierzewski, Liz) (Entered: 03/12/2001)

March 8, 2001

March 8, 2001

Cases associated. (Mahon, Cinthia) (Entered: 11/19/2004)

March 8, 2001

March 8, 2001

LETTER dated 3/23/01 from counsel for pltffs to Judge Hurley re: Request for a pre-motion conference. (Mierzewski, Liz) (Entered: 03/27/2001)

March 26, 2001

March 26, 2001

35

LETTER dated 3/26/01 from Counsel for defts to Judge Hurley re: Request that the Court deny pltffs' request for a conference and permission to file a motion to renew and reargue in this matter. (Mierzewski, Liz) (Entered: 03/30/2001)

March 26, 2001

March 26, 2001

ORDER, ORDER, that the Court waives the requirement of a pre-motion conference and sets the following presumptive briefing schedule and page limitations: Pltffs shall serve their motion and 15 page limited memorandum in support on or before 4/6/01; Defts shall serve their 15 page limited memo in opposition on or before 4/13/01 and pltff shall serve their 10 page limited reply memorandum, if any, and file all papers with the Court on or before 4/17/01 ( signed by Judge Denis Hurley , on 3/28/01) cm (Docketed on 99cv3126 #38) (Mierzewski, Liz) Modified on 04/02/2001 (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

40

Letter REQUEST dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley: pursuant to the Court's rules dfts request permission to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action against all dfts as requested in decision dtd 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Oct. 20, 2003

Oct. 20, 2003

39

Letter dtd. 10/10/03 from Paul f. Millus to Hon. J. Hurley responding to Mr. Herbst's letter to Court dtd. 10/20/03 in w hich he again seeks this Court's reconsideration of the class certification issue. Nassau county requests permission to submit a response to Mr. Herbst's letter by 11/3/01.(Barhome, Sydelle) (Entered: 11/18/2003)

Oct. 22, 2003

Oct. 22, 2003

41

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior-Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski,(Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Dec. 5, 2003

Dec. 5, 2003

43

NOTICE OF APPEAL by John Iaffaldano. Appeal Record due by 8/11/2005. (Wales, David) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

44

NOTICE by John Iaffaldano re 43 Notice of Appeal -- Notice of Attachments (Wales, David) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

45

NOTICE by John Iaffaldano re 43 Notice of Appeal - EXHIBITS A through E (Attachments: # 1 Exhibit Exhibits C, D, and E)(Wales, David) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

Electronic Index to Record on Appeal sent to US Court of Appeals re 42 Order Dismissing Case, 45 Notice (Other), 43 Notice of Appeal, 44 Notice (Other) For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

USCA Appeal Fees received $ 255 receipt number 17184 re 43 Notice of Appeal filed by John Iaffaldano, (Romano, Daniel) (Entered: 08/10/2005)

Aug. 8, 2005

Aug. 8, 2005

46

USCA Scheduling Order as to 43 Notice of Appeal filed by John Iaffaldano,. Appeal Record due by 10/5/2005.Appellant's brief due by 10/12/05, appellee's brief by 11/14/05, argued not befor 1/2/06. (Romano, Daniel) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

48

ORDER re 47 Memorandum & Opinion; That class certification is granted for damages purposes, and a damages class is hereby certified of all persons arrested for misdemeanors or non-criminal offenses in Nassau County who thereafter were strip searched at the Nassau County Correctional Center pursuantto defts' blanket policy, practice and custom which required that all arrestees be strip-searched upon admission to the facility, from May 20, 1996 until and including June 1, 1999; and that the earlier appointments of Beldock Levine & Hoffman LLP as lead class counsel and Emery Celli Brinckerhoff & Abady LLP and Wolf Haldenstein Adler Freemen & Herz LLP as class co-counsel are hereby confirmed. ( Ordered by Senior Judge Denis R. Hurley on 5/1/08.) (Fagan, Linda). Ordered by Senior Judge Denis R. Hurley on 5/1/08. (Fagan, Linda) (Entered: 05/05/2008)

May 1, 2008

May 1, 2008

50

Letter from Marilyn Block to the Clerk of Court, dated 8/12/09 re: To request to be added as a party to this class action. (Fagan, Linda) (Entered: 08/21/2009)

Aug. 19, 2009

Aug. 19, 2009

51

Letter from Marilyn Bloch to Judge Hurley, dated April 16, 2010 re: To request to be designated as a "lead plaintiff" in this action. (Fagan, Linda) (Entered: 04/23/2010)

April 22, 2010

April 22, 2010

52

NOTICE Of Attorney Appearance by Frank X. Kilgannon on behalf of Angel Ortiz. (Attachments: # 1 Affidavit of Service, # 2 Cover Letter) (Fagan, Linda) (Entered: 08/18/2010)

Aug. 17, 2010

Aug. 17, 2010

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: June 3, 1999

Closing Date: June 19, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested for misdemeanors or non-criminal offenses in Nassau County who were strip searched at Nassau County Correctional Facility pursuant to defendants' Blanket Policy, from May 20, 1996 until June 1, 1999.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nassau County (Nassau), County

Nassau County Sheriff's Department (Nassau), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11,508,000

Issues

General:

Disciplinary procedures

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run