Case: Kahler v. Rensselaer County

1:03-cv-01324 | U.S. District Court for the Northern District of New York

Filed Date: Oct. 31, 2003

Closed Date: June 27, 2007

Clearinghouse coding complete

Case Summary

On October 31, 2003, a young man (twice strip searched, at ages 16 and 17, after separate misdemeanor and minor violation arrests), represented by private attorneys from several New York firms, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York. He alleged that the Rensselaer County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the …

On October 31, 2003, a young man (twice strip searched, at ages 16 and 17, after separate misdemeanor and minor violation arrests), represented by private attorneys from several New York firms, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of New York. He alleged that the Rensselaer County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered the Rensselaer County Jail, including those charged with misdemeanors or petty violations, regardless of the charge and without reasonable suspicion to believe that the individuals were concealing weapons or contraband. Plaintiffs alleged that the policy violated the Fourth Amendment to the United States Constitution. They sought declaratory and injunctive relief, compensatory and punitive damages, and class certification. Defendants, the County and the Sheriff, answered by generally denying all allegations.

Shortly after suit was filed, the parties settled the case and a related case, Bruce vs. County of Rensselaer (1:02-CV-847). Following passage of the periods for notice and claims, Judge Thomas J. McAvoy granted plaintiff's motion for class certification and for final approval of the Agreement. He entered judgment on September 24, 2004.

Under the settlement, Rensselaer County agreed to pay up to $2.7 million to settle all class claims, with each class member receiving $1,000. Claimants would receive the same amount, regardless of gender or the number of strip searches. The court awarded $442,701.74 for attorney's fees, litigation costs and claims administration expenses. The class representative received an incentive bonus of $5,000. The eventual participation rate was 27% -- 733 claims having been made (639 class members were paid; 94 disputed claims were being investigated). Based on the actual payout of $1,175,701.74, the fees, costs and expenses awarded in this case represented 37.65% of the settlement.

After the settlement was approved and claims were paid, approximately forty individuals whose claims had been denied by the County as untimely moved to have their claims paid. The District Court (Magistrate Judge David R. Homer) determined that some claims notices had been re-mailed to updated address and, thus, ruled that any claims received within 90 days of the latest re-mailing date would be paid. Kahler v. County of Rensselaer, 2005 WL 1981300 (N.D. N.Y. Aug 17, 2005).

On June 27, 2007, Judge Homer entered an order terminating the case at plaintiffs' request and without defense objection. We have no information that subsequent activity occurred in the case.

Summary Authors

Dan Dalton (3/5/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5367888/parties/kahler-v-rensselaer-county/


Judge(s)

Homer, David R. (New York)

McAvoy, Thomas James (New York)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Attorneys(s) for Defendant

Davis, Dwight (New York)

O'Connor, Thomas J. (New York)

Stewart, Daniel J. (New York)

Judge(s)

Homer, David R. (New York)

McAvoy, Thomas James (New York)

Attorneys(s) for Plaintiff

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Attorneys(s) for Defendant

Davis, Dwight (New York)

O'Connor, Thomas J. (New York)

Stewart, Daniel J. (New York)

Documents in the Clearinghouse

Document

1:03-cv-01324

Docket [PACER - Lead Case]

June 27, 2007

June 27, 2007

Docket

1:02-cv-00847

Docket [PACER - Member Case]

Bruce v. County of Rensselaer

June 27, 2007

June 27, 2007

Docket
1

1:03-cv-01324

Complaint

Kahler v. County of Rensselaer, et al

Oct. 31, 2003

Oct. 31, 2003

Complaint
5

1:03-cv-01324

1:02-cv-00847

Second Amended Class Action Complaint

March 17, 2004

March 17, 2004

Complaint
5

1:03-cv-01324

First Amended Class Action Complaint

Kahler v. County of Rensselaer, et al

March 17, 2004

March 17, 2004

Complaint

1:03-cv-01324

1:02-cv-00847

Settlement Agreement

Kahler v. County of Rensselaer

March 18, 2004

March 18, 2004

Settlement Agreement
17

1:02-cv-00847

[Proposed] Order for Final Approval of Settlement, and Judgment, Final Order and Decree

Kahler v. County of Rensselaer, et al

Aug. 16, 2004

Aug. 16, 2004

Settlement Agreement
26

1:03-cv-01324

Order [Re: Class and Settlement]

Kahler v. County of Rensselaer

2004 U.S.Dist.LEXIS 28899

Sept. 23, 2004

Sept. 23, 2004

Order/Opinion
34

1:03-cv-01324

1:02-cv-00847

Memorandum-Decision and Order [Re: Late Claims]

Kahler v. County of Rensselaer

2005 WL 1981300, 2005 U.S.Dist.LEXIS 17090

Aug. 17, 2005

Aug. 17, 2005

Order/Opinion
37

1:03-cv-01324

1:02-cv-00847

Order [Dismissing Case]

Kahler v. County of Rensselaer

June 27, 2007

June 27, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5367888/kahler-v-rensselaer-county/

Last updated Aug. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link

SUMMONS(ES) issued for County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does (wbl) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

Filing Order Issued; Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 9:30 10/22/02 , Deadline for filing Case Management Plan, 10/7/02 , ADR Track Case. (wbl) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

2

ANSWER to Complaint by County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does (Attorney Thomas J. O'Connor), (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

3

Proposed Joint Civil Case Management Plan Submitted. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

4

ORDER TO SHOW CAUSE: why defts. should not be compelled to obtain separate counsel . (Signed by Magistrate Judge David R. Homer on 10/23/02) (fce) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

5

ORDER set Discovery deadline to 3/3/03 concerning class certification and p.i. relief ; set Motion Filing deadline to 4/1/03 concerning a motion for class certification and for p.i. relief; any response to such motion is to be filed by 5/1/03, reply papers are due 5/15/03 and any such motion is returnable 6/9/03 @10:00 . ( signed by Magistrate Judge David R. Homer on 10/22/02) (fce) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

Status conference held (fce) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

6

Minute entry: Status Conf. held b/f USMJ Homer; Length of conf. was :25; appr. by B. Keach and J. Roach for Bruce and T. O'Connor for Co. of Renss.; no dates extended; case is not trial ready; a further conf. to be held to est. a schedule for case completion after the motion for p.i. and class certification is decided. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

7

ORDER that the City of Troy Police Dept. records relating to the 11/12/01 arrest of pltf. be unsealed for review & copy by counsel; City of Troy Police Dept. records relaing to the 4/29/00 arrest of Miller be unsealed for use by counsel; and that in accordance w/FRCP 26(c), all files prod. pursuant to this order shall not be disclosed to any one other than counsel to this case. (signed by Magistrate Judge David R. Homer on 10/31/02) (fce) (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

8

Scheduling Notice:, set Discovery Conference (on-the-record) for 9:45 on 12/19/02 b/f USMJ Homer; Att. J. Rozger will participate by phone. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

9

ORDER that plf's request for an order compelling defts. to produce for exam the files of inmates incarcerated at Renss. Co. Jail from 6/1/99 to date is denied except for named pltfs. in this action; and that to pltf's request for an order compelling this court to take any action re: non-party Mark Piche as to his legal representation is denied; and to Amend [5-1] order set Discovery deadline to 3/3/03 concerning class certification and p.i. relief , reset Amended Pleadings deadline to 2/1/03 ( signed by Magistrate Judge David R. Homer on 12/20/02) (fce) (Entered: 12/23/2002)

Dec. 20, 2002

Dec. 20, 2002

10

REQUEST and ORDER, granting Pltfs to Extend Time to file an Appeal from the Mag/Judge's 12-20-02 no later than 1-22-03 ( signed by Judge Thomas J. McAvoy ) (pta) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

11

NOTICE of In Camera Submission re: Joint Representaion filed by County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

12

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

13

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

14

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

15

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

16

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

17

ORDER Approving Defts' Waiver of Potential Conflict. ( signed by Magistrate Judge David R. Homer on 1/13/03) Date Entered: 1/13/03 (fce) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

18

Scheduling Notice:, set Discovery Hearing/Conference (on-the-record) for 1:00 on 1/31/03 . (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

19

MOTION by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller for an order reversing a discovery order of USMJ Homer ; Hearing set for 10:00 3/10/03, Response Deadline 2/24/03; Motion returnable before Judge: McAvoy in Albany. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

20

MEMORANDUM OF LAW by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller in support of [19-1] motion for an order reversing a discovery order of USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

21

AFFIDAVIT/AFFIRMATION IN SUPPORT by Elmer Robert Keach on behalf of Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller Re: [19-1] motion for an order reversing a discovery order of USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

22

LETTER of Elmer Robert Keach, III dd 1-23-03 requesting additional time to file Appeal from the discovery decision of Judge Homer [motion filed 1-24-03] (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

23

TRANSCRIPT filed for dates of 12/19/02 (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

24

ORDER setting In Chambers/Evidentiary hearing for 2:30 on 2/4/03 , and that in reconsideration of Order [9-1], it is Ordered that on or b/f 3/1/03, defts. shall provide pltfs. w/copies of the RCCF booking sheets for individuals admitted to the RCCF for non-felony charges for the period of 6/1/99 to day; and reset Discovery deadline to 5/1/03 concerning class certification; ddl. for the amendment of pleadings is extended to 3/1/03 . ( signed by Magistrate Judge David R. Homer on 1/31/03) Date Entered: 2/3/03 (fce) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

Deadline updated; Amended Pleadings deadline to 3/1/03 , as per order [24-1]. (fce) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

In-chambers conference/evidentiary hearing held bef MJ Homer (cml) (Entered: 08/01/2003)

Feb. 4, 2003

Feb. 4, 2003

25

Scheduling Notice:, set Status Conference re: settlement for 10:00 on 3/17/03 b/f USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 02/06/2003)

Feb. 5, 2003

Feb. 5, 2003

26

MEMORANDUM-DECISION & ORDER that pltfs' motion for an order compelling Loveridge to answer questions at oral depo. concerning communications b/w Loveridge & Sheriff Keating and RCCF employees is GRANTED and DENIED as to all such communications that occurred after the commencement of legal representation by defts' counsel up to 2/4/03. (signed by Magistrate Judge David R. Homer ) Date Entered: 2/11/03 (fce) (Entered: 02/11/2003)

Feb. 11, 2003

Feb. 11, 2003

27

Court NOTICE to counsel dd 3/3/03 advising that the pending motions for 3/10/03 are on submit basis, no appearances necessary (sfp) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

28

PLTFS NOTICE of Withdrawing their Motion/Appeal of Mag/Judge Homer's 12-20-02 discovery order by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller [motion scheduled fro 3-10 MC] (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

Motion hearing re: Pltfs' [19-1] motion/appeal of MJ Homer discovery order held (cml) (Entered: 03/18/2003)

March 10, 2003

March 10, 2003

29

LETTER REQUEST by Elmer Keach and ORDER of USMJ Homer granted to reset Joining of Parties Deadline to 3/24/03 , and reset Amended Pleadings deadline to 3/24/03 . ( signed by Magistrate Judge David R. Homer on 3/11/03) (fce) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

Status conference held bef MJ Homer (cml) (Entered: 08/01/2003)

March 17, 2003

March 17, 2003

30

Minute entry: MOTION CALENAR held 3/10/03 bef Judge McAvoy in Albany, NY: APP/LC: None; CR: T. Berical; CRD/mp. Pltfs' [19-1] motion/appeal of MJ Homer's discovery order - WITHDRAWN [addressed by [28-1] letter]. (cml) (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

31

LETTER REQUEST by Jason Rozger and ORDER of USMJ Treece granted to reset Amended Pleadings deadline to 5/1/03 , reset Discovery deadline to 6/1/03 ( signed by Magistrate Judge Randolph F. Treece on 4/14/03) (fce) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

32

NOTICE of attorney appearance for John & Jane Does by Daniel J. Stewart (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

Tele-conference held bef MJ Homer (cml) (Entered: 08/01/2003)

May 19, 2003

May 19, 2003

33

ORDER, reset Amended Pleadings deadline to 6/1/03 , reset Discovery deadline (concerning class certification) to 7/1/03 , the ddl for pltfs to serve any motion re: class certification and preliminary injunctive relief is extended to 8/1/03; the ddl for defts to respond to any such motion is 9/1/03; reset pltf reply ddl and Motion package filing deadline to 9/15/03; any such motion shall be made returnable before the district court in Albany on 10/16/03 @ 9:30am; if no motion for class certification is filed or, if filed, once such motion is decided by the district court, a further conference will be held to establish a schedule for completion of this case. ( signed by Magistrate Judge David R. Homer on 5/19/03) (wjg) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

35

AFFIRMATION by Elmer Robert Keach, III, Esq. as to Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller Re: in support of [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

36

MEMORANDUM by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller in support of [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

37

LETTER REQUEST by Elmer Keach dd 6/10/03 and ORDER, to Extend Time, nunc pro tunc, for the filing of motion to amend to 6/3/03 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

38

Letter RESPONSE by defts to [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives; defts DO NOT OPPOSE MOTION. (wjg) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

Tele-conference held before Judge david R. Homer (jel) (Entered: 08/12/2003)

July 24, 2003

July 24, 2003

39

ORDER, that the ddl for pltfs to file and serve any motion for class certification and other preliminary relief is hereby extended to 9/1/03; that defts shall provide pltfs with responses to the outstanding denands for documents on or before 8/8/03. ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/31/2003)

July 25, 2003

July 25, 2003

40

ORDER granting [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives, set Amended Pleadings deadline (for filing & service of proposed amended complaint) to 8/15/03 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/31/2003)

July 25, 2003

July 25, 2003

41

ORDER, The City of TPD records and TCC records related to the 12/7/02 arrest and prosecution of Halloran are herby unsealed solely for the review, copying and use by counsel in this action , The City of TPD records and TCC records relating to the 5/4/00 arrest and prosecution of Rockefeller, are hereby unsealed solely for the use by counsel in this action , In accordance with FRCP 26(c), all files produced pursuant to this Order shall not be disclosed to any one other than counsel of record in this action or third-parties necessarily employed by counsel for purposes of assistance with this action. In the event any documents covered by this order are filed with the Court, they will be filed in a separate, sealed envelope plainly indicating that they are to be filed under seal pursuant to this Order, and will not be made part of the public record. To the extent deposition testimony or other documents reference these sealed criminal proceedings and are later filed with the Court or released publicly, portions of the documents will be redacted to remove any mention of sealed criminal prosecutions. In the event of a court filing, the parties will file one redacted copy of documents referencing these sealed prosecutions under seal as detailed above, and will file a redacted copy of the document for the public record (signed by Magistrate Judge David R. Homer on 8/7/03) (jel) (Entered: 08/12/2003)

Aug. 8, 2003

Aug. 8, 2003

42

LETTER REQUEST dated 8/18/03 by Jason J. Rozger, Esq., and ORDER, granting request to extend time by one day to file the amended complaint (signed by Magistrate Judge David R. Homer on 8/18/03) (jel) (Entered: 08/21/2003)

Aug. 19, 2003

Aug. 19, 2003

43

FIRST AMENDED COMPLAINT: by Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran, Service deadline 10/18/03 for County of Rensselaer, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, amends [1-1] Complaint, w/attached jury trial demand. (jmb) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 08/21/2003)

Aug. 19, 2003

Aug. 19, 2003

Status Note: the # [43-1] Amended Complaint does not name defendants' The Rensselaer County Sheriff's Department and the John and Jane Does, Numbers 1 through 100, L/M with attorney to confirm if these defts are to be terminated from the Court Docket. (jmb) (Entered: 08/21/2003)

Aug. 19, 2003

Aug. 19, 2003

44

LETTER REQUEST dated 9/2/03 by Elmer Robert Keach, III, Esq., and ORDER, denying request for an enlargement of time for plaintiffs to file their motion in support of class certification and preliminary injunction (signed by Magistrate Judge David R. Homer on 9/2/03) (jel) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

Tele-conference held before Judge David R. Homer (jel) (Entered: 09/05/2003)

Sept. 3, 2003

Sept. 3, 2003

45

Court Scheduling Notice dated 9/4/03 by Lynda A. Hennessy, Judicial Assistant, to Judge David R. Homer resetting Filing Order Deadlines: Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 3:00 p.m. on 9/17/03, Deadline for filing Case Management Plan, 9/10/03 (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

46

ORDER, denying Reconsideration of [44-1] order denying request for an enlargement of time for plaintiffs to file their motion in support of class certification and preliminary injunction (signed by Magistrate Judge David R. Homer on 9/4/03) (jel) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

47

LETTER REQUEST dated 9/4/03 by Thomas J. O'Connor, Esq., and ORDER, to extend time until 10/13/03 for the defendants to appear or answer the amended complaint , resetting Answer deadline to 10/13/03 for County of Rensselaer, for Rensselaer Sheriffs, for Daniel Keating, for Larry Walraed, for Robert Loveridge, for Harold Smith, for Kathleen Jimino, for John & Jane Does (signed by Magistrate Judge David R. Homer on 9/8/03) (jel) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

48

ORDER - denying Pltfs Order to Show Cause from Mag/Judge Homer's ruling of 9-04-03 ( signed by Judge Thomas J. McAvoy ) Date Entered: 9/15/03 (pta) (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

49

AFFIRMATION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of plaintiffs' request to proceed by order to show cause for appeal of USMJ David R. Homer's decision. (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

50

APPEAL OF A MAGISTRATE DECISION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy , Hearing set for 10:00 a.m. 10/14/03, Response Deadline 9/30/03 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

50

AFFIRMTATION along with Exhibits A-E by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [50-1] motion appealing USMJ R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Modified on 09/16/2003 (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

51

AFFIRMATION by Bruce E. Menken, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [50-1] motion appealing USMJ R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

52

MEMORANDUM OF LAW by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran in support of [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

53

Court Scheduling Notice dated 9/16/03 by John E. Law, deputy clerk, scheduling an appeal of a magistrate's decision for 10/14/03 at 10:00 a.m. before Judge Thomas J. McAvoy. (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Sept. 16, 2003

Sept. 16, 2003

55

Uniform Pretrial Scheduling Order; Length of Trial: 25 days; Trial Location: Albany; Joining of Parties Deadline 12/1/03; Amending of Pleadings Deadline 12/1/03; Discovery Deadline 9/1/04; Motion Filing Deadline 11/1/04; Trial ready deadline 11/1/04 Jury Trial Deadline 9:30 a.m. on 2/15/05; Early Neutral Evaluation Deadline 12/28/03; (Signed by: Magistrate Judge David R. Homer on 9/29/03) (jel) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

56

Court NOTICE to counsel dd 10/1/03 advising that the pending motion for 10/14/03 in on submit, no appearances necessary (sfp) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

57

LETTER of Thomas J. O'Connor dd 9-30-03 as response to Pltfs objections to Mag/Judge Homer's ruling, precluding Pltf's from filing Motion for Class Certification and for a Preliminary Injunction [accepted by Chambers] (pta) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

58

REPLY by Elmer Robert Keach, III Esq. dd 10-06-03 on behalf of Pltfs Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran to response to [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy w/case law [accepted by Chambers] (pta) Modified on 10/08/2003 Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

59

ANSWER by Kathleen Jimino, Harold Smith, Robert Loveridge, Larry Walraed, Daniel Keating, County of Rensselaer (Attorney Thomas J. O'Connor) to amended complaint (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/16/2003)

Oct. 14, 2003

Oct. 14, 2003

60

MEMORANDUM-DECISION-ORDER; that Pltfs objections are overruled and the decision of the Magistrate Judge is affirmed re: [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders (dd 10-17-03 signed by Judge Thomas J. McAvoy ) Date Entered: 10/20/03 (pta) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

61

Minute entry MOTION CALENDAR HELD 10-14-03 BEFORE HON. THOMAS J. MCAVOY IN ALBANY NY - Appearances: Court Reporter/ECRO: B. Buckley, CRD/MP, LC/SE, No Counsel. Pltfs Appeal of Mag/Judge [44-1 / 46-1] decision [50-1] - TAKEN ON SUBMIT (pta) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

62

NOTICE OF APPEAL by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran . Appellant is appealing from the 10/20/03 decision denying plaintiff's objections to the scheduling ruling of a MJ precluding them from moving for class certification and preliminary injunction. FILING FEE $105.00 RECEIPT # 70743 Appeal record due on 11/30/03 (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

Notice of appeal and certified copy of docket to USCA re: [62-1] appeal by Dana Halloran, Charles Linen, Harold Bonesteel, William Garrity, Jeffrey M. Rockefeller, Wayne E. Conine, Peter Rupp, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller (parties noticed). (jel) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

63

NOTICE OF MOTION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran to Amend [1-1] complaint and to join additional parties , Hearing set for 9:30 a.m. on 1/15/04, Response Deadline 1/1/04 Motion returnable before Judge/Mag. Judge: David R. Homer (jel) Additional attachment(s) added on 10/28/2004 (tab, ). (Entered: 12/03/2003)

Dec. 1, 2003

Dec. 1, 2003

63

AFFIRMATION along with Exhibits A-B by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [63-1] motion to Amend [1-1] complaint, [63-2] motion to join additional parties (jel) (Entered: 12/03/2003)

Dec. 1, 2003

Dec. 1, 2003

64

Court of Appeals Scheduling Order, re: [62-1] appeal by Dana Halloran, Charles Linen, Harold Bonesteel, William Garrity, Jeffrey M. Rockefeller, Wayne E. Conine, Peter Rupp, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller; Appeal record due on 12/30/03 (jel) Additional attachment(s) added on 10/28/2004 (tab, ). (Entered: 12/10/2003)

Dec. 8, 2003

Dec. 8, 2003

Index to Record on Appeal transmitted to US Court of Appeals re 62 Notice of Appeal. (jel, ) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

68

ORDER setting Settlement Conference set for 1/16/2004 at 09:30 AM in Albany before Magistrate Judge David R. Homer. Signed by Judge David R. Homer on 12/30/03. (jel, ) (Entered: 01/08/2004)

Dec. 30, 2003

Dec. 30, 2003

69

NOTICE of receipt of Docketing index Record on Appeal from USCA re 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran. USCA Case Number 03-9188 (wjg, ) (Entered: 01/08/2004)

Dec. 30, 2003

Dec. 30, 2003

65

AFFIDAVIT in Opposition re 63 Motion to Amend/CorrectMotion for JoinderMotion for Joinder filed by Thomas Job, James Simon, Ronald LaFountaine, Gregory Buell, Barry McDonald, Anthony Lazaro, Salvatore Greico, Patrick Kane, Walter Ryan Jr., Timothy Moran, Robert Patrick, Michael Patrick, Dana Miles, Keith Hancock. (Attachments: # 1 Memorandum of Law in opposition to Plaintiffs' motion for leave to serve a proposed second amended class action complaint)(Stewart, Daniel) (Entered: 01/05/2004)

Jan. 5, 2004

Jan. 5, 2004

66

AFFIDAVIT of Service for AOS of Notice of ECF served on Elmer Robert Keach, Esq.; Thomas J. O'Connor, Esq.; Dwight Davis, Esq.; Jason J. Rozger, Esq.; Charles Schneider, Esq. on 1/7/04, filed by Gregory Buell, Salvatore Greico, Keith Hancock, Thomas Job, Patrick Kane, Ronald LaFountaine, Anthony Lazaro, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon. (Stewart, Daniel) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

67

AFFIDAVIT of Service for AOS of MOL and Atty. Affidavit served on Elmer Robert Keach, Esq.; Thomas J. O'Connor, Esq.; Dwight Davis, Esq.; Jason J. Rozger, Esq.; Charles Schneider, Esq. on 1/2/04, filed by Gregory Buell, Salvatore Greico, Keith Hancock, Thomas Job, Patrick Kane, Ronald LaFountaine, Anthony Lazaro, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon. (Stewart, Daniel) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

70

AMENDED COMPLAINT against all defendants, filed by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp.(Keach, Elmer) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

71

STIPULATION Providing Consent for Filing of Second Amended Class Action Complaint by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp. (Keach, Elmer) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

72

MOTION to Certify Class and for Preliminary Approval of Class Action Settlement Motion Hearing set for 4/23/2004 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Response to Motion due by 4/6/2004 Reply to Response to Motion due by 4/12/2004. Motion Hearing set for 4/23/2004 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Response to Motion due by 4/6/2004 Reply to Response to Motion due by 4/12/2004. by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp. (Attachments: # 1 Memorandum of Law In Support of Motion for Preliminary Approval of Class Action Settlement and for Provisional Certification of Settlement Class# 2 Affidavit of Elmer Keach In Support of Motion for Preliminary Approval# 3 SETTLEMENT AGREEMENT# 4 Proposed Order/Judgment For Preliminary Approval of Class Action Settlement)(Keach, Elmer) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

73

STIPULATION AND ORDER granting plaintiffs leave to file Second Amended Class Action Complaint. Signed by Judge David R. Homer on 3/29/04. (wjg, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

74

AFFIDAVIT in Support re 72 MOTION to Certify Class and for Preliminary Approval of Class Action Settlement of Thomas O'Connor filed by Gregory Buell, County of Rensselaer, Salvatore Greico, Keith Hancock, Kathleen Jimino, Thomas Job, Patrick Kane, Daniel Keating, Ronald LaFountaine, Anthony Lazaro, Robert Loveridge, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon, Harold Smith, Larry Walraed. (O'Connor, Thomas) (Entered: 04/09/2004)

April 9, 2004

April 9, 2004

75

MANDATE of USCA as to 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran. DISMISSING the interlocatory appeal. (tab, ) (Entered: 04/13/2004)

April 12, 2004

April 12, 2004

76

Court NOTICE to parties advising that the pending motions for 4/23/04 are on for ORAL argument at 10:00 AM in Binghamton bef. Judge McAvoy. (sfp, ) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

ORAL ORDER consolidating this case with 1:03-cv-1324 being the lead case and 1:02-cv-847 being the member case. Stated by Judge Thomas J. McAvoy at 4/23/04 motion calendar. (amt, ) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

78

Letter from Elmer Keach for Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp requesting Discovery Confernence with the Court. (Keach, Elmer) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

79

NOTICE of Hearing: Telephone Status Conference set for 6/17/2004 04:30 PM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

80

Minute Entry for proceedings held before Judge David R. Homer : Appearances: Bob Keach, Bruce Menken, Charles Schneider representing Bruce; Dwight Davis representing County of Rensselaer; Discovery Conference held on 6/17/2004, a further conference is necessary and the parties will contact chambers to schedule; No dates set or extended; Case is Not trial ready. (rzh, ) (Entered: 06/21/2004)

June 17, 2004

June 17, 2004

81

Minute Entry for proceedings held before Judge David R. Homer : Discovery Hearing held on 6/21/2004. Written order following conference. (tab) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

82

ORDER regarding discovery issues. Signed by Judge David R. Homer on 6/22/04. (tab) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

83

STIPULATION/ORDER of USCA withdrawing appeal. (tab) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

84

ORDER granting 72 Motion to Certify Class, and granting in part and denying in part motion for approval of class settlement . Signed by Judge Thomas J. McAvoy on 9/23/04. (amt, ) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

85

JUDGMENT in accordance with Judge McAvoy's Order filed on 9/23/04 (amt, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

86

MANDATE of USCA as to 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran (tab) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

87

Minute Entry for proceedings held before Judge David N. Hurd : Status Conference held on 10/20/2004. (tab) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

88

ORDER Setting Schedule for Letter briefs Response to brief due by 11/12/2004 Reply to Response to brief due by 11/19/2004. Signed by Judge David R. Homer on 10/25/04. (tab) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 31, 2003

Closing Date: June 27, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons placed into the Rensselaer County Jail from 6/26/99 - 7/1/02 after being charged with non-criminal infractions and were stip-searched upon entry into the Jail. Excluded are Defendants and any of their affiliates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Rensselaer (Rensselaer), County

Rensselaer County Sheriff's Department (Rensselaer), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 2005 - None

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run