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

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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…

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.


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	May 16, 2002	May 16, 2002 Order/Opinion 208 F.R.D. 69
7:01-cv-02600	Memorandum Order and Decision Denying Plaintiffs' Motion for Partial Summary Judgment Maneely v. The City of Newburgh	April 8, 2003	April 8, 2003 Order/Opinion 256 F.Supp.2d 204
179 7:01-cv-02600	Order for Preliminary Approval of Settlement	March 29, 2019	March 29, 2019 Order/Opinion

ECF Number	Date	Description	Link
1	March 27, 2001	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)	RECAP
	March 27, 2001	Magistrate Judge Mark D. Fox is so designated. (kz)
2	April 12, 2001	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)	RECAP
3	April 26, 2001	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)	RECAP
4	May 10, 2001	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)	RECAP
5	May 25, 2001	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)	RECAP
6	Sept. 14, 2001	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)	RECAP
7	Oct. 10, 2001	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)	RECAP
8	Oct. 10, 2001	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)	RECAP
9	Oct. 10, 2001	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)	RECAP
10	Oct. 10, 2001	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)	RECAP
11	Oct. 10, 2001	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)	RECAP
12	Oct. 29, 2001	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)	RECAP
13	Oct. 29, 2001	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)	RECAP
14	Nov. 14, 2001	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)	RECAP
	Nov. 14, 2001	ORDER granting [14-1] miscellaneous ext. of time to Dec. 10, 2001. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (ll)
15	Nov. 16, 2001	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)	RECAP
16	Dec. 4, 2001	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)	RECAP
17	Dec. 10, 2001	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)	RECAP
18	Dec. 10, 2001	AFFIDAVIT of David L. Posner by The City of Newburgh in support of [17-1] opposition memorandum. (dc) (Entered: 12/10/2001)	RECAP
19	Dec. 17, 2001	REPLY MEMORANDUM by Timothy S. Maneely re: [17-1] opposition memorandum (pf) (Entered: 12/18/2001)	RECAP
20	Dec. 18, 2001	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)	RECAP
21	Jan. 7, 2002	STIPULATION and ORDER granting time to file amended answer. So Ordered: . ( signed by Judge Colleen McMahon ) (ll) (Entered: 01/07/2002)	RECAP
22	Jan. 7, 2002	AMENDED ANSWER to Complaint by William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)	RECAP
23	Jan. 7, 2002	AMENDED ANSWER to Complaint by The City of Newburgh, William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)	RECAP
24	Feb. 4, 2002	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)	RECAP
25	May 16, 2002	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)	RECAP
26	May 29, 2002	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)	RECAP
27	June 11, 2002	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)	RECAP
28	June 11, 2002	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)	RECAP
29	July 11, 2002	RULE 56.1 STATEMENT filed by The City of Newburgh, The City of Newburgh, William Bloom (ll) (Entered: 07/12/2002)	RECAP
30	July 11, 2002	MEMORANDUM OF LAW by The City of Newburgh in opposition to motion for summary judgment. (ll) (Entered: 07/12/2002)	RECAP
32	July 11, 2002	Huck -v- City of Newburgh Record on Appeal Vol. 1 by The City of Newburgh . (ll) (Entered: 07/12/2002)	RECAP
33	July 11, 2002	Huck v- City of Newburgh Record on Appeal Volume II by The City of Newburgh . (ll) (Entered: 07/12/2002)	RECAP
34	July 11, 2002	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)	RECAP
31	July 12, 2002	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)	RECAP
36	July 17, 2002	REQUEST TO BE EXCLUDED FROM CLASS ACTION filed by Tania Rayford. (dc) (Entered: 07/18/2002)	RECAP
35	July 18, 2002	DECLARATION of Kelly Wood Re: procedure concerning the processing of pre-trial detainees . (sv) (Entered: 07/18/2002)	RECAP
48	July 22, 2002	REQUEST FOR EXCLUSION FROM CLASS ACTION filed by David S. Paron. (dc) (Entered: 07/25/2002)	RECAP
49	July 22, 2002	REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Timothy Todd Romich. (dc) (Entered: 07/25/2002)	RECAP

Case: Maneely v. City of Newburgh

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

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Docket for: Maneely v. The City of Newburgh

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