Case: Dare v. Knox County

2:02-cv-00251 | U.S. District Court for the District of Maine

Filed Date: Dec. 17, 2002

Clearinghouse coding complete

Case Summary

On December 17, 2002, a pre-trial detainee filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Maine, challenging the Knox County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body cavity searches in Knox County Jail. Plaintiff alleged that officers subjected detainees in their custody to strip and visual body cavity searches regardless of the crime charged and without having reasona…

On December 17, 2002, a pre-trial detainee filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Maine, challenging the Knox County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body cavity searches in Knox County Jail. Plaintiff alleged that officers subjected detainees in their custody to strip and visual body cavity searches regardless of the crime charged and without having reasonable suspicion that the detainees possessed contraband or weapons, in violation of the Fourth and Fourteenth Amendments. Plaintiff sought declaratory and injunctive relief, monetary damages and class certification.

The defendants denied those allegations and asserted that their policies, practices and procedures were at all times consistent with constitutional requirements.

The District Court (Senior District Judge Gene Carter) certified the case as a class action, defining the class as: All people who after November 19, 1996, were subjected to a strip search and/or visual body cavity search without evaluation for individualized reasonable suspicion while being held at the Knox County Jail: (1) after having been arrested on charges that did not involve a weapon, drugs, or a violent felony; or (2) while waiting for bail to be set on charges that did not involve a weapon, drugs, or a violent felony; or (3) while waiting for an initial court appearance on charges that did not involve a weapon, drugs, or a violent felony; or (4) after having been arrested on a warrant that did not involve a weapon, drugs, or a violent felony. Tardiff v. Knox County, 218 F.R.D. 332 (D. Me. 2003), affirmed by Tardiff v. Knox County, 365 F.3d 1 (1st Cir. 2004) (Circuit Judge Michael Boudin).

Discovery and litigation continued, with the Judge Carter issuing various discovery and procedural orders. See Tardiff v. Knox County, 224 F.R.D. 522 (D. Me. 2004) (holding that reinsurance agreements between self-funded insurance pool of counties and its reinsurers were subject to discovery); Tardiff v. Knox County, 226 F.R.D. 10 (D. Me. 2005) (plaintiff was required to identify class members from county's jail log sheets without the assistance of the County); Tardiff v. Knox County, 2006 WL 2827604 (D. Me. Sept. 11, 2006) (limiting the scope of testimony for defendants' expert witness); Tardiff v. Knox County, 2006 WL 2827600 (D. Me. Sept. 18, 2006) (denying plaintiffs' motion for reconsideration of a prior order); Tardiff v. Knox County, 2006 WL 2827603 (D. Me. Sept. 18, 2006) (order denying plaintiffs' motion for judicial determination of the number of people in the class); Tardiff v. Knox County, 453 F.Supp.2d 190 (D. Me. Sept. 21, 2006) (striking all of the parties exhibits for violating a court order directing preparation of consolidated exhibit list); and Tardiff v. Knox County, 2006 WL 3043223 (D. Me. Oct. 24, 2006) (approving substitution of the named class representative).

The parties filed cross-motions for summary judgment, which Judge Carter granted in part and denied in part. He held the County's blanket strip search policy unconstitutional, but said there were fact issues regarding the claims of several class members that needed to be resolved. He determined that the Sheriff was entitled to qualified immunity for searches of detainees alleged to have committed non-violent, non-weapons, non-drug felonies, but was not entitled to immunity for searches of detainees alleged to have committed misdemeanors. Tardiff v. Knox County, 397 F.Supp.2d 115 (D. Me. 2005). In Tardiff v. Knox County, 425 F.Supp.2d 159 (D. Me. 2006), Judge Carter clarified and denied reconsideration of his summary judgment order and denied a certificate of appealability in Tardiff v. Knox County, 451 F.Supp.2d 253 (D. Me. 2006).

On September 19, 2006, the Court bifurcated the remaining liability and damages issues. The case was ordered to proceed to determine liability (as to the class) and then would thereafter proceed as a non-class action with regard to determining individual amounts of recoverable compensatory and punitive damages. Tardiff v. Knox County, 2006 WL 2827556 (D. Me. Sept. 19, 2006). The parties then participated in a Judicial Settlement Conference with Chief District Judge George Z. Singal on September 29, 2006, and settled the case.

The initial Settlement Agreement was submitted to the Court for preliminary approval, but rejected. Dare v. Knox County, 457 F.Supp.2d 52 (D. Me. 2006). After several modifications, a third version of Settlement Agreement was preliminarily approved on December 18, 2006. Dare v. Knox County, 465 F.Supp.2d 14 (D. Me. 2006). In accordance with the revised Settlement Agreement, the Court entered an Injunction prohibiting Knox County, its Sheriff, and all jail employees from strip searching any persons charged with a crime that did not involve weapons, violence or controlled or scheduled substances during the jail admission process, unless the officer or person conducting the strip search had reasonable suspicion to believe the person does possess a weapon, controlled or scheduled substances, or other contraband. Dare v. Knox County, 465 F.Supp.2d 17 (D. Me. 2006).

Following a final fairness hearing on April 23, 2007, Judge Carter approved the settlement. Under the terms of the Agreement, the County agreed to pay the sum of $3 million for settlement of all class claims. From that amount, attorneys' fees in the amount of $750,000.00 (25%) were paid to class counsel, as well as litigation costs of class counsel, claims administration expenses, and class representative bonuses. The remainder was to be distributed equally to class members that timely submitted a claim, regardless of the number of times that they were booked into the jail and searched during the class period. See also Dare v. Knox County, 2007 WL 2071787 (D. Me. July 09, 2007) (approving $23,822.74 in litigation costs to class counsel).

The PACER docket reflects that in January 2008, Judge Carter ordered that unclaimed portions of the settlement fund went to a charity pusuant to the "cy pres" doctrine. We have no further information showing activity in the case.

Summary Authors

Kristen Sagar (3/23/2009)

Related Cases

Nilsen v. York County, District of Maine (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4647359/parties/dare-v-knox-county/


Judge(s)

Boudin, Michael (Massachusetts)

Campbell, Levin Hicks (Massachusetts)

Carter, Gene (Maine)

Attorney for Plaintiff

Adamson, Tracie L. (Maine)

Billings, James A. (Maine)

Attorney for Defendant
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:02-cv-00251

Docket [PACER]

May 15, 2008

May 15, 2008

Docket
2

2:02-cv-00251

First Amended Complaint []

Tardiff v. Knox County

Dec. 26, 2002

Dec. 26, 2002

Complaint
8

2:02-cv-00251

Defendants' First Amended Answer to Plaintiff's First Amended Complaint

Tardiff v. Knox County

Jan. 30, 2003

Jan. 30, 2003

Pleading / Motion / Brief
21

2:02-cv-00251

Order Granting Plaintiff's Motion for Class Certification

Tardiff v. Knox County

Nov. 5, 2003

Nov. 5, 2003

Order/Opinion

218 F.R.D. 332

04-01065

04-01165

[Opinion Re: Class Certification)

Tardiff v. Knox County

U.S. Court of Appeals for the First Circuit

April 9, 2004

April 9, 2004

Order/Opinion

365 F.3d 1

48

2:02-cv-00251

Plaintiff's Motion for Approval of Notice to the Class

Tardiff v. Knox County

Sept. 15, 2004

Sept. 15, 2004

Pleading / Motion / Brief
71

2:02-cv-00251

Order Denying Defendant's Objection to Amended Report of Scheduling Conference and Revised Scheduling Order

Tardiff v. Knox County

Nov. 10, 2004

Nov. 10, 2004

Order/Opinion

224 F.R.D. 522

79

2:02-cv-00251

Memorandum of Decision and Order Denying the Relief Requested by Plaintiff's Motion in Aid of Identification of Class Members

Tardiff v. Knox County

Jan. 12, 2005

Jan. 12, 2005

Order/Opinion

226 F.R.D. 10

142

2:02-cv-00251

Order Approving Notice to Class

Tardiff v. Knox County

Nov. 2, 2005

Nov. 2, 2005

Order/Opinion
141

2:02-cv-00251

Order Granting in Part and Denying in Part Plaintiffs’ Motion [for Partial] Summary Judgment

Tardiff v. Knox County

Nov. 2, 2005

Nov. 2, 2005

Order/Opinion

397 F.Supp.2d 115

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4647359/dare-v-knox-county/

Last updated Sept. 15, 2025, 2:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 46871; jury demand (Service of Process Deadline 4/16/03 ) (dw) (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER

SUMMONS(ES) issued for KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE (dw)

Dec. 17, 2002

Dec. 17, 2002

PACER
2

AMENDED COMPLAINT by LAURIE TARDIFF amending [1-1] complaint jury demand (amending parties' capacities) (dw) Modified on 12/27/2002 Additional attachment(s) added on 8/15/2005 (mjlt, ). (Entered: 12/27/2002)

Dec. 26, 2002

Dec. 26, 2002

PACER

RETURN of Service Executed (on original complaint) as to DANIEL DAVEY 12/19/02; Answer due on 1/8/03 for DANIEL DAVEY (dw)

Dec. 26, 2002

Dec. 26, 2002

PACER

RETURN of Service Executed (on original complaint) as to JANE DOE 12/19/02; Answer due on 1/8/03 for JANE DOE (dw)

Dec. 26, 2002

Dec. 26, 2002

PACER

RETURN of Service Executed (on original complaint) as to JOHN DOE 12/19/02 Answer due on 1/8/03 for JOHN DOE (dw)

Dec. 26, 2002

Dec. 26, 2002

PACER

RETURN of Service Executed (on original compliant) as to KNOX COUNTY 12/18/02; Answer due on 1/7/03 for KNOX COUNTY (dw)

Dec. 26, 2002

Dec. 26, 2002

PACER

SUMMONS(ES) issued for KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE on amended complaint (dw)

Dec. 27, 2002

Dec. 27, 2002

PACER
3

ANSWER to Complaint by KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE (Attorney PETER T. MARCHESI), (mjl) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
4

SCHEDULING ORDER setting Discovery cutoff 5/13/03 ; Deadline for filing of all motions 5/20/03 ; Ready for Trial Date 8/4/03 ; ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (mnm) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER

RETURN of Service Executed as to JANE DOE 1/2/03 Answer due on 1/22/03 for JANE DOE (mjl)

Jan. 15, 2003

Jan. 15, 2003

PACER

RETURN of Service Executed as to JOHN DOE 1/2/03 Answer due on 1/22/03 for JOHN DOE (mjl)

Jan. 15, 2003

Jan. 15, 2003

PACER

RETURN of Service Executed as to DANIEL DAVEY 1/2/03 Answer due on 1/22/03 for DANIEL DAVEY (mjl)

Jan. 15, 2003

Jan. 15, 2003

PACER

RETURN of Service Executed as to KNOX COUNTY 1/2/03 Answer due on 1/22/03 for KNOX COUNTY (mjl)

Jan. 15, 2003

Jan. 15, 2003

PACER
5

ANSWER by KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE (Attorney Peter Marchesi) to [2-1] amended complaint (mjl) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

PACER
6

MOTION by KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE to Amend Scheduling Order - Reason: Extend Deadlines & Possibly Put Case On Complex Track ; Response to Motion due 2/12/03 for LAURIE TARDIFF (mjl) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

PACER
7

MOTION by LAURIE TARDIFF to Amend Scheduling Order - Reason: Assigned Case To The Complex Track and Extend Deadlines (mjl) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER

Motion(s) referred: [7-1] motion to Amend Scheduling Order - Reason: Assigned Case To The Complex Track and Extend Deadlines referred to MAG. JUDGE DAVID M. COHEN (mjl)

Jan. 28, 2003

Jan. 28, 2003

PACER
8

FIRST AMENDED ANSWER by KNOX COUNTY, DANIEL DAVEY, JANE DOE, JOHN DOE (Attorney Peter Marchesi ) to [2-1] amended complaint (mjl) Additional attachment(s) added on 8/15/2005 (mjlt, ). (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

PACER
9

MOTION to Certify Class by LAURIE TARDIFF With Memo in Support.Responses due by 2/28/2003. (mjl, ) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

PACER
10

REPORT OF CONFERENCE OF COUNSEL AND ORDER re: Motion to amend scheduling order issued in this case (Docket No. 4) and during the conference, the defendants orally requested an additional 30 days to respond to the plaintiff's motion for class certification (Docket No. 9) ( Signed by Judge DAVID M. COHEN on 2/13/03. (See pleading No. 10 for amended scheduling order deadlines)(mjl, ) Modified on 2/13/2003 (mjl, ). (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER

Oral MOTION to Extend Time 30 Days To Respond To Motion For Class Certification by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 3/6/2003. (mjl, )

Feb. 13, 2003

Feb. 13, 2003

PACER

ORDER granting Oral MOTION to Extend Time 30 Days To Respond To Motion For Class Certification filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY Signed by Judge DAVID M. COHEN on 2/13/03. (mjl, )

Feb. 13, 2003

Feb. 13, 2003

PACER

Set/Reset Deadlines as to 9 MOTION to Certify Class.Responses due by 3/31/2003.(mjl, )

Feb. 13, 2003

Feb. 13, 2003

PACER

NOTICE of Appearance by JOHN J. WALL III on behalf of DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY (mjl, )

March 19, 2003

March 19, 2003

PACER
11

RESPONSE to Motion re 9 MOTION to Certify Class filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Reply due by 4/11/2003. (mjl, ) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
12

AFFIDAVIT of Richard Robbins re 11 Response to Motion filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. (mjl, ) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
13

MOTION for Leave to File Response to Motion For Class Certifcation In Excess Page Limit by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 4/21/2003. (mjl, ) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

PACER
14

MOTION to Extend Time To File Reply To Motion For Class Certification On Or Before April 21, 2003 by LAURIE TARDIFF.Responses due by 4/25/2003. (mjl, ) (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

PACER
15

MOTION for Leave to File Motion For Class Certification In Excess Of Page Limit by LAURIE TARDIFF.Responses due by 4/25/2003. (mjl, ) (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

PACER
16

NOTICE of Hearing via t/c & in writing:Discovery Hearing set for 4/18/2003 09:00 AM in Hearing Room, Portland before MAG. JUDGE DAVID M. COHEN re: disputes presented in letter from Atty Stolt. Cnsl to confer in good faith per Local Rules and court's directive in an effort to resolve disputes.(slh, ) (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

PACER

ENDORSEMENT granting 13 Motion for Leave to File, "4/8/03 Granted," Signed by Magistrate Judge DAVID M. COHEN on 4/8/03. (mo, )

April 9, 2003

April 9, 2003

PACER

ENDORSEMENT granting 14 Motion to Extend Time, "4/8/03 Granted without objection," Signed by Magistrate Judge DAVID M. COHEN on 4/8/03. (mo, )

April 9, 2003

April 9, 2003

PACER

ENDORSEMENT granting 15 Motion for Leave to File, "4/8/03 Granted without objection," Signed by Magistrate Judge DAVID M. COHEN on 4/8/03. (mo, )

April 9, 2003

April 9, 2003

PACER
17

ORDER re: Discovery Dispute Surrounding Plaintiff's First Request For Production Of Documents Signed by Judge DAVID M. COHEN on 4/14/03. (mjl, ) (Entered: 04/14/2003)

April 14, 2003

April 14, 2003

PACER

Motions Taken Under Advisement: 9 MOTION to Certify Class(mjl, )

April 14, 2003

April 14, 2003

PACER
18

MOTION for Leave to File Reply Memorandum In Excess Of Page Limits by LAURIE TARDIFF.Responses due by 5/12/2003. (mjl, ) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
19

REPLY to Response to Motion re 9 MOTION to Certify Class filed by LAURIE TARDIFF. (mjl, ) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER

Motions Taken Under Advisement: 18 MOTION for Leave to File Reply Memorandum In Excess Of Page Limits, 9 MOTION to Certify Class(mjl, )

April 22, 2003

April 22, 2003

PACER

Motions Taken Under Advisement: 18 MOTION for Leave to File Reply Memorandum In Excess Of Page Limits(mjl, )

May 13, 2003

May 13, 2003

PACER
20

Minute Entry for proceedings held before Judge DAVID M. COHEN : Discovery Hearing held, Oral Order: discovery reopened and extended to 6/27/03 for the limited purpose of allowing the noticed depositions of John Hinkley and Richard Robbins to go forward and to legitimize the plaintiff's outstanding requests for admissions. Counsel to confer/agree on new deposition dates. (Court Reporter None) (mjl, ) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

PACER

***Set/Reset Deadlines : Remember to put on a trial list if appropriate, once there has been a ruling on the motion for class action by 10/1/2003.(mjl, )

Aug. 7, 2003

Aug. 7, 2003

PACER
21

ORDER granting 9 Motion to Certify Class By Judge GENE CARTER. (mjl, ) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
22

ORDER granting 18 Motion for Leave to File Motion granted. For the Court, Michelle J. Levasseur,DEPUTY CLERK:. (mjl, ) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
23

NOTICE re: Judge Carter will not be available for trial during January, February or March 2004, the time period during which the case is to be ready for trial, and that this case will therefore be placed on an April 2004 Trial List.(mjl, ) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
24

NOTICE OF APPEAL by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY (ORDER OF USCA granting defendants' petition for leave to appeal under Fed. R. Civ. P. 23(f)). Filing fee $ 255, receipt number 49846. (bfa, ) (Entered: 01/16/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
25

CLERK'S CERTIFICATE Re: 24 Notice of Appeal filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. Documents Sent to U.S. Court of Appeals: 1 - 25 (bfa, ) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

PACER

Certified and Transmitted Record on Appeal to US Court of Appeals re 24 Notice of Appeal (bfa, )

Jan. 20, 2004

Jan. 20, 2004

PACER

USCA Case Number 04-1065 for 24 Notice of Appeal filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. (bfa, )

Jan. 29, 2004

Jan. 29, 2004

PACER
26

JUDGMENT of USCA re 24 Notice of Appeal - DECISION IS AFFIRMED Check for Receipt of Mandate on 5/28/2004. (mjl, ) (Entered: 04/29/2004)

April 28, 2004

April 28, 2004

PACER
27

MANDATE of USCA as to 24 Notice of Appeal filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. Affirmed. Check for Receipt of Appeal Record on 6/21/2004. (bfa, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

PACER
28

Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Discovery Hearing held with Attys' Lipman & Thistle for pltf and Attys' Marchesi & Wall for dfts, Set Deadlines/Hearings for Joint Proposed Discovery and Motion Plan due by 5/17/2004. Parties ORDERED to confer re: their perceived respective further discovery needs and to make a good faith effort at reaching an agreement for alterations to the scheduling order, failing which the joint plan shall so note the parties respective positions on such items counsel are unable to agree on.(Court Reporter NONE) (slh, ) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER

Appeal Record Returned: 24 Notice of Appeal (bfa, )

May 7, 2004

May 7, 2004

PACER
29

ORDER of USCA re: taxation of costs in the amount of $82.60 as to 24 Notice of Appeal filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY (bfa, ) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

PACER
30

Defendant & Plaintiff's Proposed Discovery and Motion Filing Plan by DANIEL DAVEY, KNOX COUNTY. (mjl, ) (Entered: 05/18/2004)

May 17, 2004

May 17, 2004

PACER
31

ORDER By Mag.Judge DAVID M. COHEN per t/c w/Attys' Wall & Stolt re 28 Discovery Hearing held 5/6/04, and 30 Proposed Discovery and Motion Filing Plans filed by DANIEL DAVEY, KNOX COUNTY, Set Deadlines: Joint Proposed Discovery and Motion Plan due by 5/21/2004. Per prior order of the court, the parties are ORDERED to confer re: their perceived respective further discovery needs and to make a good faith effort at reaching an agreement for alterations to the scheduling order, failing which the joint plan shall so note the parties respective positions on such items counsel are unable to agree on. (slh, ) (Entered: 05/19/2004)

May 18, 2004

May 18, 2004

PACER
32

Oral MOTION to Extend Time to File Joint Proposed Discovery & Motion Plan to May 26, 2004, by LAURIE TARDIFF. (slh, ) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

PACER
33

Oral ORDER granting 32 Motion to Extend Time to May 26, 2004, to File Joint Proposed Discovery & Motion Plan By Mag.Judge DAVID M. COHEN. (slh, ) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

PACER

Reset Deadlines Regarding Order on Motion to Extend Time: Joint Proposed Discovery and Motion Plan now due by 5/26/2004.(slh, )

May 21, 2004

May 21, 2004

PACER
34

JOINT Proposed Discovery and Motion Filing Plan by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY, LAURIE TARDIFF. (mjl, ) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

PACER
35

NOTICE of Hearing per tele-call to counsel: Scheduling Conference of Counsel set for 6/18/2004 04:00 PM in Hearing Room, Portland before MAG. JUDGE DAVID M. COHEN. This is a joint conference per the court's directive in this case and the NILSEN case, 02cv212ph. Any parties participating via telephone should arrange for placement of a conference call to Chambers.(slh, ) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

PACER
36

Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Scheduling Conference of Counsel held. Report & Order to issue. (Court Reporter NONE) (slh, ) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

PACER
37

REPORT OF CONFERENCE OF COUNSEL AND ORDER & REVISED SCHEDULING ORDER- Discovery due by 12/31/2004. Motions due by 1/28/2005. Ready for Trial on 4/5/2005. Proposed Notice To Class Plan no later than 9/15/2004. Objections To Proposed Notice To Class Plan no later than 10/6/2004. By Judge DAVID M. COHEN. ORDER OF BIFURCATION OF LIABILITY AND DAMAGES IS VACATED ON 4/19/06 SEE PLEADING NO. 181 ISSUED BY JUDGE CARTER(mjl, ) Modified on 4/19/2006 to indicate the order on bifurcation is vacated(mjlt, ). (Entered: 06/21/2004)

June 18, 2004

June 18, 2004

PACER
38

MOTION For Clarification Of Report Of Scheduling Conference And Revised Scheduling Order Dated June 18, 2004 by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 7/15/2004. (mjl, ) (Entered: 06/24/2004)

June 24, 2004

June 24, 2004

PACER
39

NOTICE of Hearing per tele-call from Atty Thistle on Discovery Issue and on Motion 38 MOTION For Clarification Of Report Of Scheduling Conference And Revised Scheduling Order Dated June 18, 2004:Telephone Discovery & Motion Hearing set for 6/28/2004 03:30 PM before MAG. JUDGE DAVID M. COHEN; Atty Thistle to initiate call to Chambers. (slh, ) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

PACER
40

AMENDED REPORT OF SCHEDULING CONFERENCE AND REVISED SCHEDULING ORDER- Scheduling Order Deadlines Discovery due by 12/31/2004. Motions due by 1/28/2005. Ready for Trial on 4/5/2005. Proposed Notice Plan To Class(1) due by 9/15/2004. Any objections to Proposed Notice (2) due by 10/6/2004. By Judge DAVID M. COHEN. (mjl, ) Modified on 6/29/2004 to reflect the ready for trial date is 4/5/2005 and not 4/5/1954 as previously indicated. (mjl, ). (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

PACER
41

REPORT OF HEARING AND ORDER re: Discovery Dispute By Judge DAVID M. COHEN. (mjl, ) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

PACER
42

ORDER re 38 MOTION For Clarification Of Report Of Scheduling Conference And Revised Scheduling Order Dated June 18, 2004 filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY "6/28/04- Telephone Conference held this date. For the Plaintiff: Sumner Lipman, Esq., Robert Stolt,Esq., and Dale Thistle, Esq.. For Defendants: Peter Marchesi, Esq., and John Wall, Esq.. After discussion and without objection motion granted and clarification made per Amended Report Of Scheduling Confernce And Revised Scheduling Order Of even date. "By Judge DAVID M. COHEN. (mjl, ) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

PACER
43

Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Telephone Discovery Hearing held, Telephone Motion Hearing held re 38 MOTION For Clarification Of Report Of Scheduling Conference And Revised Scheduling Order Dated June 18, 2004 filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. (Court Reporter NONE) (slh, ) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

PACER

Set Scheduling Order Deadlines - Pursuant To Amended Order Issued On 6/28/04, Ready For Trial Date is 4/5/05.(mjl, )

June 28, 2004

June 28, 2004

PACER

Reset Scheduling Order Deadlines - Ready For Trial Date 4/5/04docketed in error, the matter will be ready for trial for 4/5/05: Ready for Trial on 4/5/2005.(mjl, )

June 28, 2004

June 28, 2004

PACER
44

MOTION to Extend Time To File Objections To The Revised Scheduling Order by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 7/20/2004. (mjl, ) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

PACER

NOTICE of Docket Entry Modification regarding 40 AMENDED Report of Conference of Counsel and Order Modified on 6/29/2004 to reflect the ready for trial date is 4/5/2005 and not 4/5/1954 as previously indicated. (mjl, ). (mjl, )

June 29, 2004

June 29, 2004

PACER
45

ORDER granting 44 Motion to Extend Time By Judge DAVID M. COHEN. (mjl, ) (Entered: 07/02/2004)

July 2, 2004

July 2, 2004

PACER
46

OBJECTION to 40 AMENDED REPORT OF SCHEDULING CONFERENCE AND REVISED SCHEDULING ORDER, filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 7/26/2004. (mjl, ) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

PACER
47

ORDER reserving ruling 46 Objection To Amend The Amended Report Of Scheduling Order By Judge GENE CARTER. (mjl, ) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

PACER
48

ORIGINAL PAPER DOCUMENTS & EXHIBITS ARE ON FILE WITH THE CLERK'S OFFICE- MOTION for Approval of Notice to the Class by LAURIE TARDIFF.Responses due by 10/6/2004. (Attachments: # Exhibit A(1) # Exhibit B(2) Exhibit C(3))(STOLT, ROBERT) Modified on 9/16/2004 to add description of exhibits(mjl, ). Modified on 9/16/2004 to reflect document is on file in paper with the clerk's office(mjl, ). (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER
49

MOTION for Order in Aid of Identification of Class Members by LAURIE TARDIFF.Responses due by 10/6/2004. (STOLT, ROBERT) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER
50

MEMORANDUM by LAURIE TARDIFF in support of 49 MOTION for Order in Aid of Identification of Class Members. (STOLT, ROBERT) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER
51

**ORIGINAL PAPER DOCUMENTS & EXHIBITS ARE ON FILE WITH THE CLERK'S OFFICE**AFFIDAVIT of Robert J. Stolt filed by LAURIE TARDIFF. (STOLT, ROBERT) Modified on 9/16/2004 To reflect original pleading along with exhibits are on file with the clerk's office (mjl, ). (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER

Reset Deadlines as to 48 MOTION for Approval of Notice to the Class Pursuant To The Amended Report Of Scheduling Conference And Revised Scheduling Order Issued On 6/29/04, The Objections To The Proposed Notice To The Class Is Due By 10/6/04.(mjl, )

Sept. 15, 2004

Sept. 15, 2004

PACER
52

MOTION for Leave to File Plaintiff's Motion For Order In Aid Of Identification Of Class Members In Excess Page Limit by LAURIE TARDIFF.Responses due by 10/7/2004. (mjl, ) Modified on 9/21/2004 to fix a typographical error (mjl, ). (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
53

MOTION for Order In Aid Of Identification of Class Members by LAURIE TARDIFF WITH INCORPORATED MEMO.Responses due by 10/7/2004. (mjl, ) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
80

AFFIDAVIT of Duane Degler re 53 MOTION for Order In Aid Of Identification of Class Members, 49 MOTION for Order in Aid of Identification of Class Members filed by LAURIE TARDIFF. (mjl, ) (Entered: 01/12/2005)

Sept. 16, 2004

Sept. 16, 2004

PACER
54

Unopposed MOTION to Extend Time UNTIL OCTOBER 13, 2004 TO FILE OBJECTION TO PLAINTIFF'S MOTION FOR APPROVAL OF NOTICE TO THE CLASS AND PLAINTIFF'S MOTION FOR ORDER IN AID OF IDENTIFICATION OF CLASS MEMBERS by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. (mnm, ) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

PACER
55

ORDER granting without objection 54 Motion to Extend Time Within Which To File Objections To Plaintiff's Motion For Approval Of Notice To The Class And Plaintiff's Motion For Order In Aid Of Identification Of Class Memembers By Judge GENE CARTER. (mjl, ) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

PACER

Reset Deadlines as to 48 MOTION for Approval of Notice to the Class, 49 MOTION for Order in Aid of Identification of Class Members, 53 MOTION for Order In Aid Of Identification of Class Members Pursuant To Judge Carter's Order Granting the Defendant's Unopposed Motion (Pleading No. 54)To Extend Time To File Response To Motions: Responses due by 10/13/2004.(mjl, )

Oct. 6, 2004

Oct. 6, 2004

PACER
56

RESPONSE to Motion re 48 MOTION for Approval of Notice to the Class filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Reply due by 10/25/2004. (mjl, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

PACER
57

MOTION to Extend Time To File Objection To Plaintiff's Motion For Order In Aid Of Identification Of Class Members Until October 14, 2004 by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 11/3/2004. (mjl, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

PACER
58

ORDER granting without objection 57 Motion to Extend Time No objection by the Plaintiff, the motion is granted.The defendants' are to file their objection to the Plaintiffs' Motion For Order In Aid Of Identification Of Class Members by October 14, 2004. For the Court, Michelle Levasseur, DEPUTY CLERK. (mjl, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

PACER
59

MOTION for Leave to File Memorandum In Opposition To Plaintiff's Motion For Order In Aid Of Identification Of Class Members In Excess Page Limit by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Responses due by 11/4/2004. (mjl, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

PACER
60

RESPONSE to Motion re 53 MOTION for Order In Aid Of Identification of Class Members, 49 MOTION for Order in Aid of Identification of Class Members filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY.Reply due by 10/25/2004. (mjl, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

PACER
61

AFFIDAVIT of Peter T. Marchesi, Esq. re 60 Response to Motion, filed by DANIEL DAVEY, JANE DOE, JOHN DOE, KNOX COUNTY. (mjl, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

PACER

Reset Deadlines as to 49 MOTION for Order in Aid of Identification of Class Members, 53 MOTION for Order In Aid Of Identification of Class Members Pursuant To Order Granting The Defendants' Motion To Extend Time To File Objection To Plaintiff's Motion For Order in Aid of Identification of Class Members: Responses due by 10/14/2004.(mjl, )

Oct. 14, 2004

Oct. 14, 2004

PACER
62

Unopposed MOTION to Extend Time UNTIL NOVEMBER 4, 2004 TO REPLY TO PLAINTIFF'S MOTION FOR APPROVAL OF NOTICE TO THE CLASS AND PLAINTIFF'S MOTION FOR ORDER IN AID OF IDENTIFICATION OF CLASS MEMBERS by LAURIE TARDIFF. (mnm, ) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
63

ORDER granting 62 Motion to Extend Time UNTIL NOVEMBER 4, 2004 TO REPLY TO PLAINTIFF'S MOTION FOR APPROVAL OF NOTICE TO THE CLASS AND PLAINTIFF'S MOTION FOR ORDER IN AID OF IDENTIFICATION OF CLASS MEMBERS. "Granted as prayed for" By Judge DAVID M. COHEN. (mnm, ) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER

RESET Deadlines as to 48 MOTION for Approval of Notice to the Class, 49 MOTION for Order in Aid of Identification of Class Members - PER ORDER #63: Reply due by 11/4/2004.(mnm, )

Oct. 19, 2004

Oct. 19, 2004

PACER
64

MOTION for Leave to File Reply Memorandum By Plaintiffs In Support Of Motion For Order In Aid Of Indentification Of Class Members And For Approval Of Notice To The Class by LAURIE TARDIFF.Responses due by 11/24/2004. (mjl, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER
65

REPLY to Response to Motion re 48 MOTION for Approval of Notice to the Class, 53 MOTION for Order In Aid Of Identification of Class Members, 49 MOTION for Order in Aid of Identification of Class Members filed by LAURIE TARDIFF. (mjl, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER
66

AFFIDAVIT of Robert J. Stolt Dated November 1, 2004 re 65 Reply to Response to Motion, filed by LAURIE TARDIFF. (mjl, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER

Case Details

State / Territory: Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: Dec. 17, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people who, after 11-19-96, were strip-searched at the Knox County Jail (ME) without individualized reasonable suspicion, and who were awaiting their first court appearance or bail on charges that did not involve weapons, drugs, or a violent felony.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Knox County, Maine (Knox), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 0

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)