Case: Maneely v. City of Newburgh

7:01-cv-02600 | U.S. District Court for the Southern District of New York

Filed Date: March 27, 2001

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 27, 2001, several arrestees, represented by private counsel, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of New York, challenging the City of Newburgh's blanket policy of strip searching all individuals who entered the City Jail, regardless of the crime for which they were charged and despite the absence of reasonable suspicion to believe that the individuals were concealing weapons or contraband. Plaintiffs alleged that the polic…

On March 27, 2001, several arrestees, represented by private counsel, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of New York, challenging the City of Newburgh's blanket policy of strip searching all individuals who entered the City Jail, regardless of the crime for which they were charged and despite the absence of 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 and sought a preliminary and permanent injunction, monetary damages, and class certification.

Plaintiff moved simultaneously for class certification and summary judgment. In response, Defendants requested that the court defer issuing a ruling on the question of liability until the class certification issue was resolved. The District Court (Judge Colleen McMahon) agreed to defer the liability issue, but granted class certification on the limited issue of whether Defendants maintained an unconstitutional strip search policy. Maneely v. City of Newburgh, 208 F.R.D. 69 (S.D.N.Y. 2002).

By order dated April 8, 2003, Judge McMahon denied Plaintiff's motion for summary judgment, finding that (a) the City's written strip search policy was not unconstitutional on its face and that (b) fact issues existed as to whether the City had a policy of strip searching pre-arraignment detainees without determining whether reasonable suspicion existed to do so. Maneely v. City of Newburgh, 256 F.Supp.2d 204 (S.D.N.Y. 2003).

On December 22, 2003, the City of Newburgh filed a third-party complaint against its insurance carrier, United National Insurance, seeking declaratory judgment that the carrier would be responsible for covering any damages paid in the lawsuit.

The case was subsequently referred to mediation, and settlement negotiations ensued. The parties eventually entered into a proposed Settlement Agreement to resolve both the class action lawsuit against the City and the third-party complaint against the City's insurance carrier. The District Court (Judge Charles L. Brieant) preliminarily approved the settlement on March 29, 2005 and granted final approval on July 21, 2005.

Under the Agreement, the City agreed to pay up to $1,783,670.20 to settle all class claims. Of that amount, the Court awarded $550,000 (30.84%) as attorneys' fees and $33,670.20 (1.88%) for litigation costs. The Court also approved an incentive bonus of $25,000 to the class representative. After deducting attorneys' fees, litigation costs, and the incentive bonus, up to $1.2 million would remain for distribution to class members. The City also agreed to pay $324,000 for the costs of claims administration. The Agreement provided that each class member would receive $1,000 regardless of the number of strip searches they claimed to have been subjected to. If less than 1,200 claims were made, the remainder was to revert back to the City. If more than 1,200 claims were made, the $1,000 award would be reduced on a pro rata basis.

On September 6, 2005, the City of Newburgh secured voluntary dismissal (with prejudice) of its third-party complaint against United National Insurance Company. It is unknown whether the insurance carrier funded all or part of the settlement.

Summary Authors

Dan Dalton (2/26/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6248571/parties/maneely-v-the-city-of-newburgh/


Judge(s)

Brieant, Charles L. Jr. (New York)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Monroe, James Edward (New York)

Attorneys(s) for Defendant

Badura, William S. (New York)

Berson, Marilyn D. (New York)

Burke, Patrick Thomas (New York)

Fedorchak, James M. (New York)

Golden, Richard B. (New York)

Harrington, Kevin James (New York)

Judge(s)

Brieant, Charles L. Jr. (New York)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Monroe, James Edward (New York)

Attorneys(s) for Defendant

Badura, William S. (New York)

Berson, Marilyn D. (New York)

Burke, Patrick Thomas (New York)

Fedorchak, James M. (New York)

Golden, Richard B. (New York)

Harrington, Kevin James (New York)

Posner, David Merrill (New York)

Rosenstein, Monte J. (New York)

Documents in the Clearinghouse

Document

7:01-cv-02600

Docket [PACER]

Maneely v. The City of Newburgh

Sept. 6, 2005

Sept. 6, 2005

Docket
25

7:01-cv-02600

Memorandum Decision and Order Granting Plaintiff's Motion for Partial Class Certification

Maneely v. The City of Newburgh

208 F.R.D. 69

May 16, 2002

May 16, 2002

Order/Opinion

7:01-cv-02600

Memorandum Order and Decision Denying Plaintiffs' Motion for Partial Summary Judgment

Maneely v. The City of Newburgh

256 F.Supp.2d 204

April 8, 2003

April 8, 2003

Order/Opinion
179

7:01-cv-02600

Order for Preliminary Approval of Settlement

March 29, 2019

March 29, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6248571/maneely-v-the-city-of-newburgh/

Last updated Aug. 9, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 400934. (kz) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

PACER

Magistrate Judge Mark D. Fox is so designated. (kz)

March 27, 2001

March 27, 2001

PACER
2

RETURN OF SERVICE of Summons & Complaint executed as to The City of Newburgh, William Bloom by Larry Woodruff on 4/9/01 . Answer due on 4/30/01 for The City of Newburgh, for William Bloom . Served by leaving with Lt. G. Fischer (pf) (Entered: 04/20/2001)

April 12, 2001

April 12, 2001

PACER
3

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided, a pretrial conference will be held for 10:30 5/25/01, in courtroom 521, 300 Quarropas Street, White Plains, NY... ( signed by Judge Colleen McMahon ) (pf) (Entered: 04/30/2001)

April 26, 2001

April 26, 2001

PACER
4

ANSWER to Complaint by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom (Attorney Monte J. Rosenstein from the Firm: Monte J. Rosenstein, P.C.) . (pf) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

PACER
5

CONSENT SCHEDULING ORDER: Rule 26(a) discovery must be exchanged by 7/10/01; No additional parties may be joined after 10/1/01; No amendments to th epleadings after 10/1/01; All discovery shall be completed by 11/1/01; plntff's deposition shall proceed first and must be completed by 8/15/01; A joint pretrial order in the form prescribed in Judge McMahon's individual rules shall be filed by 11/10/01, together with any in limine motions and memos of law; Responses to in limine motions by 11/26/01; So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 05/30/2001)

May 25, 2001

May 25, 2001

PACER
6

Order that case be referred to a Magistrate Judge for Any and All Discovery Disputes. Referred to Magistrate Judge Mark D. Fox . ( signed by Judge Colleen McMahon ) (pf) (Entered: 09/21/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER
7

NOTICE OF SUBSTITUTION OF ATTORNEY for The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom . (Terminated attorney Monte J. Rosenstein for William Bloom, attorney Monte J. Rosenstein for The City of Newburgh, attorney Monte J. Rosenstein for Nicholas J. Valentine, attorney Monte J. Rosenstein for Marlene A. Koisch, attorney Monte J. Rosenstein for Stephen Rockafellow, attorney Monte J. Rosenstein for Regina M. Angelo, attorney Monte J. Rosenstein for Harold J. Porr III, attorney Monte J. Rosenstein for Andrew Marino, attorney Monte J. Rosenstein for The City of Newburgh ) Added attorney Marilyn D. Berson.(dc) Modified on 10/12/2001 (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

PACER
8

NOTICE OF SUBSTITUTION OF ATTORNEY for Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine . (Terminated attorney Marilyn D. Berson for Nicholas J. Valentine, attorney Marilyn D. Berson for Marlene A. Koisch, attorney Marilyn D. Berson for Stephen Rockafellow, attorney Marilyn D. Berson for Regina M. Angelo, attorney Marilyn D. Berson for Harold J. Porr III, attorney Marilyn D. Berson for Andrew Marino ) Added attorney Richard - Golden. (dc) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

PACER
9

NOTICE OF SUBSTITUTION OF ATTORNEY for William Bloom. (Terminated attorney Marilyn D. Berson for William Bloom ) Added attorney James M. Fedorchak. (dc) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

PACER
10

NOTICE OF SUBSTITUTION OF ATTORNEY for The City of Newburgh. (Terminated attorney Marilyn D. Berson for The City of Newburgh ) Added attorney David Merrill Posner. (dc) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

PACER
11

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner,...(see document for details)...So Ordered: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (pf) (Entered: 10/15/2001)

Oct. 10, 2001

Oct. 10, 2001

PACER
12

NOTICE OF MOTION by Timothy S. Maneely pursuant to FRCP 23(a) and (b)(3), as class defined . Return date 11/16/01. (ll) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

PACER
13

MEMORANDUM OF LAW by Timothy S. Maneely in support of [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined . (ll) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

PACER
14

Letter filed by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom addressed to Hon. McMahon from Patrick Burke, dated Nov. 9, 2001, re: extension of time. (ll) (Entered: 11/19/2001)

Nov. 14, 2001

Nov. 14, 2001

PACER

ORDER granting [14-1] miscellaneous ext. of time to Dec. 10, 2001. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (ll)

Nov. 14, 2001

Nov. 14, 2001

PACER
15

ORDER The defendant is to respond to the class motion by 12/10/01. See document for further information. Judge Colleen McMahon ); Copies mailed. (fc) (Entered: 11/26/2001)

Nov. 16, 2001

Nov. 16, 2001

PACER
16

Memo-Endorsement on letter addressed to Judge McMahon from James E. Monroe, dated December 3, 2001. Re: In an effort to avoid wasting the Court's resources in deciding the issue of legislative immunity as to these individual defendants, we are forwarding a stipulation of discontinuance to the attorneys for the City Mayor, Manager and City Council members discontinuing this action as to these defendants. Endorsed: There is no need to delay merit discovery - class discovery should already have taken place. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 12/06/2001)

Dec. 4, 2001

Dec. 4, 2001

PACER
17

MEMORANDUM OF LAW by The City of Newburgh, William Bloom in opposition to [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined . (pf) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

PACER
18

AFFIDAVIT of David L. Posner by The City of Newburgh in support of [17-1] opposition memorandum. (dc) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

PACER
19

REPLY MEMORANDUM by Timothy S. Maneely re: [17-1] opposition memorandum (pf) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

PACER
20

PARTIAL STIPULATION AND ORDER of dismissal; It is hereby stipulated and agreed, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued as against the defendants, Andrew Marino, Mayor of the City of Newburgh; Harold J. Porr, III Mananger of the City of Newburgh; Regina M. Angelo, City Council Member; Stephen Rockafellow, City of Council Member; Marlene A. Koisch, CIty Council Member and Nicholas J. Valentine, City Council Member without cots to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED: ( signed by Judge Colleen McMahon ) (sv) (Entered: 12/20/2001)

Dec. 18, 2001

Dec. 18, 2001

PACER
21

STIPULATION and ORDER granting time to file amended answer. So Ordered: . ( signed by Judge Colleen McMahon ) (ll) (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

PACER
22

AMENDED ANSWER to Complaint by William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

PACER
23

AMENDED ANSWER to Complaint by The City of Newburgh, William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

PACER
24

ORDER DIRECTING DFT TO PROCURE COURT RECORDS: I have been advised that an authorization from plntff has proved insufficient to enable opposing counsel to procure the records of Mr. Maneely's case in the Town of Newburgh Justice Court. This is a repeated problem. I do not understand why, if an acquitted dft in a criminal case asks that records be unsealed, they are not unsealed. After all, they are sealed for his benefit, and if he chooses to make them public, it is his business. However, I do not have the case number, or even the date, of People v. Maneely. If I do not have them, perhaps the Town Justice does not know what they are, either. He can't very well find them if they are not properly identified. And in any event, the proper procedure is to file a special proceeding in the relevant court, seeking to have the records unsealed, with Mr. Maneely supporting the request, and attaching an order of this COurt directing that the parties obtain the records for use in this proceeding. Accordingly, this COurt finds that the record of proceedings that relate to the strip search that is the subject of this Complaint are necessary for the prosecution and defense of this action. I direct the parties, plntff and dfts, to make a joint application for unsealing, for the limited purpose of this action only, to the Town of Newburgh Justice Court. This Order may be attached as an exhibit to that appliaction. If for some reason the Town Justice refuses to grant the motion, let me know, and I will contact Chief Administrative Judge Lippmann of the Office of Court Administration, who has helped me sort out similar difficulties in the past. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 02/05/2002)

Feb. 4, 2002

Feb. 4, 2002

PACER
25

MEMORANDUM AND DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION; granting [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined. CONCLUSION: For the foregoing reasons, plaintiff's Motion for partial class certification is granted. Plaintiff has already moved for Summary Judgment on the underlying issue of the existence of an unconstitutional strip search policy in Newburgh. The stay of consideratin of that Motion is now lifted. Deft's have 20 days from today's date ot serve a response to plaintiff's Motion. This date will not be extended. Plaintiff then will have 10 days to serve a reply - again, with no extension. The Court will issue its decision 30 days thereafter. Should the class plaintiff prevail, there remains the question of what, if any, class-wide relief will be apporpriate in addition ot the entry of declaratory Judgment. Two issues occur to the Court: Should notice of the Court's decision be sent to the class members, and should the statute of limitations (which has been tolled for putative class members since the filing of the complaint, see Crown, Cork & Seal CO., Inc. vs. Parker, 462 US 345, 353-54 (1983)) be further tolld to give individuals who may be affected by the decision, and by the Court's refusal to certify class originally requested, an opportunity to obtain counsel to pursue their individual claims. I aslk that class counsel weigh in on theses issues within 10 days. Deft's counsel should response to plaintiff's submission in their responsive papers on the Motion. This constitutes the decision and Order of the Court. SO ORDERED: (signed by Judge Colleen ); Copies mailed. (dc) (Entered: 05/22/2002)

May 16, 2002

May 16, 2002

PACER
26

Letter Brief filed addressed to USDJ McMahon from James Monroe, dated 5/24/02, re: in response to Your Honor's request for class counsel to weigh in on the issues of class notice and the applicable tolling provisions... (pf) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

PACER
27

Letter filed by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom addressed to Judge McMahon from David L. Posner, dated June 6, 2002, re: class notice issue and plaintiff' submission of May 24, 2002. (sv) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

PACER
28

MEMORADNUM ORDERERING CLASS NOTIFICATION: Deftt's assert that they should be able to produce a list of persons arrested during the class period that includes the charges brought against the individuals. Deft's have until June 25, 2002 to produce this document to plaintiff. Class counsel then shall send out the notice to the class members, by first class mail, postage paid, by July 15, 2002. The notice shall also be published in local newspapers in English and Spanish by that date. This will provide counsel with plenty of time to have the short document translated into Spanish. Class members shall be given until 10/07/02 to respond to the class notice. This procedure will provide the best notice practicable under the curcumstances to satisfy due process requirements and FRCP 23(c). Deft's must respond to plaintiff's Motion for Summary Judgment by July 10, 2002. This Constitutes the Decision and Order of the Court. ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

PACER
29

RULE 56.1 STATEMENT filed by The City of Newburgh, The City of Newburgh, William Bloom (ll) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
30

MEMORANDUM OF LAW by The City of Newburgh in opposition to motion for summary judgment. (ll) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
32

Huck -v- City of Newburgh Record on Appeal Vol. 1 by The City of Newburgh . (ll) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
33

Huck v- City of Newburgh Record on Appeal Volume II by The City of Newburgh . (ll) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
34

Memo-Endorsement on letter addressed to Judge McMahon from James M. Fedorchak, dated 7/8/02. Re: request until 7/19/02 to file our opposition.....DENIED. (signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
31

Transcript of record of proceedings for the date(s) of various. Examination before trial of Maneely, Bloom, Sorrentino, Rodgers, Labrada, Ferra, Quinn and Jackson (ll) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

PACER
36

REQUEST TO BE EXCLUDED FROM CLASS ACTION filed by Tania Rayford. (dc) (Entered: 07/18/2002)

July 17, 2002

July 17, 2002

PACER
35

DECLARATION of Kelly Wood Re: procedure concerning the processing of pre-trial detainees . (sv) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

PACER
48

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by David S. Paron. (dc) (Entered: 07/25/2002)

July 22, 2002

July 22, 2002

PACER
49

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Timothy Todd Romich. (dc) (Entered: 07/25/2002)

July 22, 2002

July 22, 2002

PACER
37

REPLY by Timothy S. Maneely Re: Defts are collarterally estopped form re-ltigating the existence of their policy. (sv) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

PACER
46

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Jacquline P. Lewis. (dc) (Entered: 07/25/2002)

July 23, 2002

July 23, 2002

PACER
47

REQUEST FOR EXCLUSION FROM CLASS ACTION by Daniel Revesil. (dc) (Entered: 07/25/2002)

July 23, 2002

July 23, 2002

PACER
50

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Kimberly Degroat. (dc) (Entered: 07/25/2002)

July 23, 2002

July 23, 2002

PACER
38

REQUEST FOR EXCLUSION FROM CLASS ACTION Filed By Zachariah E. Dicson. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
39

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Kenneth Fabbrini. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
40

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Lillian Paz. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
41

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Michael R. Napolijr. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
42

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Raul Sanchez. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
43

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Clinton Burns. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
44

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Jennifer Muniz. (dc) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
45

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Edward F. Callahand, Edward Callahan, Jr. and Joseph Puleo. (dc) Modified on 07/25/2002 (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
51

REQUEST FOR EXCLUSION FROM CLASS filed by Scott G. Eissner. (dc) (Entered: 07/29/2002)

July 29, 2002

July 29, 2002

PACER
52

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Nestor Garcia . (pf) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
53

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Kevin Allen Hildreth . (pf) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
54

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Gilberto Negrete . (pf) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
55

Memorandum to Docket Clerk: August 1, 2002. Parties Present. Status Conference held. Defts to reply to plt's reply by October 7, 2002. (sv) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

PACER

Status Conference held before Judge Colleen McMahon . (sv)

Aug. 1, 2002

Aug. 1, 2002

PACER
56

REQUEST FOR EXCLUSION FROM CLASS FILED BY ANDREA EVERY. (dc) (Entered: 08/06/2002)

Aug. 1, 2002

Aug. 1, 2002

PACER
57

REQUEST FOR EXCLUSION FROM CLASS by Alecia Turnbull, 221 N. Miller St., Newburgh, NY (ll) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

PACER
58

REQUEST FOR EXCLUSION FROM CLASS by Leslie Chambers, 213 Third St., Newburgh, NY 12550. (ll) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

PACER
59

REQUEST FOR EXCLUSION FROM CLASS by Betty Flores, 225 Quaker St., Wallkill, NY 12589. (ll) (Entered: 08/15/2002)

Aug. 9, 2002

Aug. 9, 2002

PACER
60

REQUEST FOR EXCLUSION FROM CLASS FROM J. OATES. (dcr) (Entered: 08/16/2002)

Aug. 14, 2002

Aug. 14, 2002

PACER
61

REQUEST FOR EXCLUSION FROM CLASS by plaintiff David P. LeRoy . (pf) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

PACER
62

REQUEST FOR EXCLUSION FROM CLASS BY GONZALO RIOS. (dcr) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
63

REQUEST FOR EXCLUSION FROM CLASS FILED BY TREVOR T. KULISEH. (dcr) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
64

REQUEST FOR EXCLUSION FROM CLASS FILED BY ALBERT BERMUDEZ. (dcr) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
65

AFFIDAVIT OF SERVICE of Notice of Class Action upon the members of this class as directed by the Court, by James E. Monroe, Esq. on. See document for mailing dates. (dcr) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
66

REQUEST FOR EXCLUSION FROM CLASS FILED BY MARIO FELIPE. (dc) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
67

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Edward Jazwinski . (pf) (Entered: 08/23/2002)

Aug. 22, 2002

Aug. 22, 2002

PACER
68

REQUEST FOR EXCLUSION FROM CLASS FILED BY MATHEW R. COSMAN. (dc) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
71

REQUEST FOR EXCLUSION FROM CLASS by Melanie D. DeVaux, 45 Birch St., Kingston, NY. (ll) (Entered: 08/29/2002)

Aug. 28, 2002

Aug. 28, 2002

PACER
72

REQUEST FOR EXCLUSION FROM CLASS by Samuel J. Sicoli, 38 Seward St., Middletown, NY. (ll) (Entered: 08/29/2002)

Aug. 28, 2002

Aug. 28, 2002

PACER
69

REQUEST FOR EXCLUSION FROM CLASS by Troy Williams, 80 First St., Newburgh, NY 12550. (ll) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
70

REQUEST FOR EXCLUSION FROM CLASS by Lamont Burrell, 67 Renwick, Newburgh, NY 12550. (ll) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
73

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Christina A. Loucks . (pf) (Entered: 09/03/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
74

REQUEST FOR EXCLUSION FROM CLASS by Jorge Albert Ahumada. (dc) (Entered: 09/05/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
75

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Pablo Moza . (pf) (Entered: 09/11/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
77

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Sean M. Mesler . (sv) (Entered: 09/13/2002)

Sept. 10, 2002

Sept. 10, 2002

PACER
76

REQUEST FOR EXCLUSION FROM CLASS filed by Frederick J. Langford. (dc) (Entered: 09/13/2002)

Sept. 11, 2002

Sept. 11, 2002

PACER
78

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Duane E. Johnson . (sv) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
79

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Crescenzo Schettini . (sv) (Entered: 09/18/2002)

Sept. 17, 2002

Sept. 17, 2002

PACER
80

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Brian O'Rourke . (sv) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
81

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Jason Bailey Colegrove . (sv) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
82

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Brian McCormick . (sv) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
85

REQUEST TO PARTICIPATE of plaintiff Efrain Santana. (pf) (Entered: 09/26/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
84

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Michael Acevedo . (pf) (Entered: 09/26/2002)

Sept. 24, 2002

Sept. 24, 2002

PACER
83

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Oscar Gonzalez . (pf) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
86

REQUEST FOR EXCLUSION FROM CLASS by plaintiff James A. Hill . (sv) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
87

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Donald Eason . (sv) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
88

MEMORANDUM OF LAW by The City of Newburgh, William Bloom in opposition to Plaintiff's motion for summary judgment. (ll) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
89

REQUEST FOR EXCLUSION FROM CLASS by plaintiff James G. Eckert . (sv) (Entered: 10/09/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
90

REQUEST FOR EXCLUSION FROM CLASS FILED BY ASA GAVIN. (dc) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
91

REQUEST FOR EXCLUSION FROM CLASS FILED BY JOSEPH SANTISE, JR. (dc) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
92

DECLARATION of Edith Arnetta Frazier by Timothy S. Maneely, Nestor Garcia, Kevin Allen Hildreth, Gilberto Negrete, David P. LeRoy, Edward Jazwinski, Christina A. Loucks, Pablo Moza, Sean M. Mesler, Duane E. Johnson, Crescenzo Schettini, Brian O'Rourke, Jason Bailey Colegrove, Brian McCormick, Oscar Gonzalez, Michael Acevedo, Efrain Santana, James A. Hill, Donald Eason, James G. Eckert Re: in support of Plaintiff's class action . (sv) (Entered: 10/18/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
93

Letter filed addressed to Clerk from James R, Beard, dated Oct. 12, 2002, re: to obtain all information pertaining to the disposition of this case. (ll) (Entered: 10/21/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
94

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Manuel Rodriguez . (sv) (Entered: 11/01/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
103

Letter addressed to Judge Brieant from David L. Posner dated 12/31/2003 re: it is respectfully requested that the court decline to "so order" the subpoena recently presented to it by plaintiff's cousel calling for production of records from prior litigations concerning the City of Newburgh's strip search policy. Document filed by The City of Newburgh.(mov, ) (Entered: 01/06/2004)

Jan. 5, 2003

Jan. 5, 2003

PACER
95

MEMORANDUM ORDER terminating [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined ... Plntffs' motion for summary jgmnt is denied. Dfts' motion to redefine the class period to run from 3/27/1998 to 8/24/2000 is granted. So ordered: ( signed by Judge Colleen McMahon ); Copies faxed by Chambers. (pf) (Entered: 04/10/2003)

April 9, 2003

April 9, 2003

PACER
96

Memo-Endorsement on letter addressed to Judge McMahon from David L. Posner, dated May 20, 2003. Re: pre-trial conference. ENDORSED: I have no noom at present on may trial calendar. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 27, 2001

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ALL persons who were strip searched before arraignment by the Newburgh Police Department between March 27, 1998 and March 27, 2001.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of Newburgh, City

The City of Newburgh Police Department, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run