Case: Barnett v. County of Contra Costa

3:04-cv-04437 | U.S. District Court for the Northern District of California

Filed Date: Oct. 20, 2004

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 20, 2004, a woman who had been subjected to a strip search after being charged with resisting arrest filed a class action civil rights lawsuit in the U.S. District Court for the Northern District of California, challenging the Contra Costa County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Contra Costa County Jail. The plaintiff, represented by private counsel, alleged that she was arrested on March 1, 2004 …

On October 20, 2004, a woman who had been subjected to a strip search after being charged with resisting arrest filed a class action civil rights lawsuit in the U.S. District Court for the Northern District of California, challenging the Contra Costa County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body cavity searches in the Contra Costa County Jail. The plaintiff, represented by private counsel, alleged that she was arrested on March 1, 2004 for resisting arrest (misdemeanor) and was taken to Contra Costa County Jail in Martinez, California, where she subjected to a strip search and body cavity search. Plaintiff also alleged that she was compelled to produce a urine sample while being directly observed by male deputies. Plaintiff alleged that her search was conducted pursuant to the Contra Costa County Sheriff's blanket policy of subjecting all detainees in their custody to strip and visual body cavity searches before they were arraigned, regardless of whether any reasonable suspicion existed that the detainees possessed contraband or weapons. This policy, plaintiff alleged, violated the Fourth and Fourteenth Amendments and California state law. Plaintiff sought declaratory and injunctive relief, monetary damages and class certification.

Plaintiff moved to certify a class consisting of "[a]ll persons, since October 20, 2002, and continuing until Defendants' prior custom and policy was brought into compliance with the law on June 1, 2003, or such other more recent date when the policy was implemented, who were arrested on any charge (including felonies) not involving weapons, controlled substances, or felony violence, and who were subjected to a uniform and indiscriminate (blanket) strip/visual body cavity search(es) by defendants before arraignment at the Contra Costa County Jails without any individualized reasonable suspicion that they were concealing contraband. This class may include arrestees who were subjected to subsequent blanket strip searches before arraignment after the initial strip search, without any reasonable individualized suspicion that they had subsequently acquired and hidden contraband on their persons."

Plaintiffs' amended complaint was filed on August 11, 2005, adding an additional representative plaintiff who was arrested on December 3, 2002 (prior to the June 1, 2003 policy change) for a felony DUI charge and then strip searched. Defendants moved to dismiss his claims as time barred. The District Court (District Judge Thelton E. Henderson) granted defendants' motion to dismiss, with respect to the individual's state law claim for monetary relief, but denied the motion as to his § 1983 claim for monetary, declaratory, and injunctive relief. Barnett v. County of Contra Costa, 2005 WL 5095264 (N.D. Cal. Oct 31, 2005).

On April 10, 2007, the Ninth Circuit Court of Appeals, denied plaintiffs' request for an interlocutory appeal of the District Court's order. In June 2007, the district court held joint case management discussions concerning both individuals' cases.

On November 27, 2007, the plaintiffs were granted leave to file a second amended complaint, adding an additional individual as a representative plaintiff.

On September 11, 2009, the Court granted defendants' motion for summary judgment on plaintiff's state law claims, but denied summary judgment on the §1983 claim. On November 3, 2009, the Court granted plaintiff's motion for class certification.

On June 21, 2010, Plaintiffs filed a Third Amended Class Action Complaint. Three days later, the parties stipulated to dismissing the case with prejudice. The dismissal was agreed to pursuant to the Ninth Circuit's en banc decision in Bull v. City and County of San Francisco, 565 F.3d 964.

The parties eventually reached a settlement agreement that was approved by the Court on March 18, 2011. In this agreement, defendants agreed to pay $19,999 to one individual in return for her agreement to dismiss her claim with prejudice.

Summary Authors

Timothy Shoffner (6/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5724690/parties/barnett-v-county-of-contra-costa/


Judge(s)

Henderson, Thelton Eugene (California)

Spero, Joseph C. (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Schwarzschild, Jeffrey I. (California)

Seaton, Thomas Andrew (California)

Williams, Cathleen A. (California)

Attorneys(s) for Defendant

Belaga, Debra S. (California)

Blechman, Noah G. (California)

Judge(s)

Henderson, Thelton Eugene (California)

Spero, Joseph C. (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Schwarzschild, Jeffrey I. (California)

Seaton, Thomas Andrew (California)

Williams, Cathleen A. (California)

Attorneys(s) for Defendant

Belaga, Debra S. (California)

Blechman, Noah G. (California)

Fitzgerald, James V. III. (California)

Obstler, Peter (California)

You, Jee Young (California)

Documents in the Clearinghouse

Document

Docket (PACER) [For Related Case 04-5365]

Barnett v. City of Lafayette

June 18, 2007 Docket

Docket (PACER)

March 18, 2011 Docket
1

Class Action Complaint

Oct. 20, 2004 Complaint
28-1

First Amended Class Action Complaint

Aug. 11, 2005 Complaint
39

Order Granting in Part and Denying in Part Plaintiffs Motion to Compel Discovery Responses [Docket No. 21] and Denying Plaintiff's Motion for Sanctions [Docket No. 23]

Sept. 9, 2005 Order/Opinion
47

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Plaintiff Morganelli's Claims

2005 WL 5095264, 2005 U.S.Dist.LEXIS 44421

Oct. 31, 2005 Order/Opinion
96

Order Granting Defendants' Motions to Strike and for Partial Summary Judgment, Denying Plaintiffs' Motion for Class Certification Without Prejudice, and Setting Further Case Management Conference

2007 WL 196678, 2007 U.S.Dist.LEXIS 8131

Jan. 24, 2007 Order/Opinion
157

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

2009 WL 2969473

Sept. 11, 2009 Order/Opinion
172

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

Nov. 3, 2009 Order/Opinion
202

THIRD AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

June 21, 2010 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5724690/barnett-v-county-of-contra-costa/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT & Demand for Jury Trial - [Summons Issued] against City of Lafayette, And City of Lafayette Police Officers, [Filing Fee: $150.00, Receipt Number 3367252]. Filed by PlaintiffRosalety Barnett. (tn, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/13/2005 (tn, COURT STAFF). Additional attachment(s) added on 1/13/2005 (tn, COURT STAFF). Additional attachment(s) added on 1/13/2005 (tn, COURT STAFF). (Entered: 12/21/2004)

Dec. 20, 2004
25

NOTICE OF REFERENCE, TIME AND PLACE OF HEARING, ORDER [Docket No. 21] MOTION to Compel Discovery Responses filed by Rosalety Barnett,, [Docket No. 23] MOTION for Sanctions filed by Rosalety Barnett. Motions set for hearing on 9/2/5 at 1:30 p.m. Signed by Judge Joseph C. Spero on 7/28/5. (klh, COURT STAFF) (Filed on 7/28/2005)

July 28, 2005 RECAP
37

STIPULATION AND ORDER to continue hearing on the motion to dismiss. Motion Hearing continued to 10/24/2005 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 8/26/05. (rbe, COURT STAFF) (Filed on 8/26/2005)

Aug. 26, 2005 RECAP

Summons Issued as to City of Lafayette, City of Lafayette Police Officers. (tn, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)

Dec. 20, 2004
2

ADR SCHEDULING ORDER: Case Management Statement due by 5/2/2005 & Initial Case Management Conference set for 5/9/2005 04:00 PM. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)

Dec. 20, 2004
42

ORDER continuing the Case Management Conference to 10/24/2005 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 9/19/05. (rbe, COURT STAFF) (Filed on 9/19/2005)

Sept. 19, 2005 RECAP
47

ORDER by Judge Thelton E. Henderson granting in part and denying in part 34 Motion to Dismiss Plaintiff Morganelli's claims. (tehlc3, COURT STAFF) (Filed on 10/31/2005)

Oct. 31, 2005 RECAP

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 12/21/2004)

Dec. 20, 2004
52

STIPULATION AND ORDER extending time to file plaintiffs' motion for class certification. The motion shall be filed on or before 06/26/06. Signed by Judge Thelton E. Henderson on 04/18/06. (rbe, COURT STAFF) (Filed on 4/18/2006)

April 18, 2006 RECAP
3

SUMMONS Returned Executed by Rosalety Barnett. City of Lafayette served on 1/3/2005, answer due 1/24/2005. (Merin, Mark) (Filed on 1/11/2005) (Entered: 01/11/2005)

Jan. 11, 2005
60

STIPULATION AND ORDER re: modified briefing schedule and rescheduling the hearing on the motion for class certification and Further Case Management Conference to 11/20/2006 at 10:00 AM. Signed by Judge William Schwarzer for Judge Henderson on 07/11/06. (rbe, COURT STAFF) (Filed on 7/11/2006)

July 11, 2006 RECAP
5

NOTICE of Related Case (Fitzgerald, James) (Filed on 1/31/2005) (Entered: 01/31/2005)

Jan. 31, 2005
73

ORDER Continuing Hearing (tehlc4, COURT STAFF) (Filed on 11/9/2006)

Nov. 9, 2006 RECAP
6

STIPULATION re 5 Notice of Related Case by City of Lafayette. (Fitzgerald, James) (Filed on 1/31/2005) (Entered: 01/31/2005)

Jan. 31, 2005
96

ORDER Denying 54 Motion to Certify Class Without Prejudice, Granting 62 Defendants Motions To Strike and For Partial Summary Judgment, and Setting Further Status Conference (tehlc4, COURT STAFF) (Filed on 1/24/2007)

Jan. 24, 2007 RECAP
7

STIPULATION AND ORDER re administrative motion relating this case with C04-4437 TEH. Signed by Judge Thelton E. Henderson on 2/1/05. (rbe, COURT STAFF) (Filed on 2/1/2005) (Entered: 02/01/2005)

Feb. 1, 2005
109

STIPULATION AND ORDER permitting plaintiffs to file second amended complaint. Signed by Judge Thelton E. Henderson on 11/21/07. (rbe, COURT STAFF) (Filed on 11/21/2007)

Nov. 21, 2007 RECAP
8

ORDER RELATING CASE to C04-4437 TEH. Case reassigned to Judge Thelton E. Henderson for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by Judge Thelton E. Henderson on 2/1/05. (rbe, COURT STAFF) (Filed on 2/1/2005) (Entered: 02/01/2005)

Feb. 1, 2005

Cases associated. (rbe, COURT STAFF) (Filed on 2/1/2005) (Entered: 02/01/2005)

Feb. 1, 2005
112

ORDER Continuing Case Management Conference, Signed by Judge Thelton E. Henderson on 12/4/07. (tehlc4, COURT STAFF) (Filed on 12/4/2007)

Dec. 4, 2007 RECAP
148

ORDER re: briefing and hearing schedule on motions for class certification and summary judgment. Signed by Judge Thelton E. Henderson on 08/06/09. (tehlc3, COURT STAFF) (Filed on 8/6/2009)

Aug. 6, 2009 RECAP
9

CLERK'S NOTICE: Initial Case Management Conference set for 2/28/2005 at 01:30 PM. (rbe, COURT STAFF) (Filed on 2/2/2005) (Entered: 02/02/2005)

Feb. 2, 2005
10

JOINT CASE MANAGEMENT STATEMENT [PROPOSED] ORDER filed by Rosalety Barnett, City of Lafayette, City of Lafayette Police Officers. (Merin, Mark) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005
156

ORDER sealing documents containing personal information. Defendants to file redacted versions by 09/18/09. Signed by Judge Thelton E. Henderson on 09/11/09. (tehlc3, COURT STAFF) (Filed on 9/11/2009)

Sept. 11, 2009 RECAP
11

Minute Entry: Initial Case Management Conference held on 2/28/2005 before Judge Thelton E. Henderson. Further Case Management Conference set for 6/20/2005 at 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 2/28/2005) (Entered: 02/28/2005)

Feb. 28, 2005
157

ORDER by Judge Thelton E. Henderson granting in part and denying in part 139 Defendants' Motion for Summary Judgment. (tehlc3, COURT STAFF) (Filed on 9/11/2009)

Sept. 11, 2009 RECAP
159

STIPULATION AND ORDER re: briefing and hearing schedule. The hearing for the Motion for Class Certification is set for 10/26/09 at 10:00 AM. Signed by Judge Thelton E. Henderson on 09/21/09. (rbe, COURT STAFF) (Filed on 9/21/2009)

Sept. 21, 2009 RECAP
12

REPORT of Rule 26(f) Planning Meeting [Joint] and Order . (Merin, Mark) (Filed on 5/4/2005) (Entered: 05/04/2005)

May 4, 2005
13

JOINT CASE MANAGEMENT STATEMENT [Consolidated] filed by Rosalety Barnett, City of Lafayette, City of Lafayette Police Officers. (Merin, Mark) (Filed on 6/15/2005) (Entered: 06/15/2005)

June 15, 2005
161

STIPULATION AND ORDER to extend briefing schedule to file defendants' opposition. Signed by Judge Thelton E. Henderson on 10/05/09. (rbe, COURT STAFF) (Filed on 10/5/2009)

Oct. 5, 2009 RECAP
14

CLERK'S NOTICE: Further Case Management Conference continued to 9/19/2005 at 01:30 PM. (rbe, COURT STAFF) (Filed on 6/17/2005) (Entered: 06/17/2005)

June 17, 2005
169

ORDER granting extension of time for reply brief and vacating hearing date on Plaintiffs' motion for class certification. Reply due on or before 10/15/09. Signed by Judge Thelton E. Henderson on 10/08/09. (tehlc3, COURT STAFF) (Filed on 10/8/2009)

Oct. 8, 2009 RECAP
174

ORDER re: Pendency of Class Action. Signed by Judge Thelton E. Henderson on 11/30/09. (rbe, COURT STAFF) (Filed on 11/30/2009)

Nov. 30, 2009 RECAP
15

ORDER continuing the Case Management Conference to 10/24/2005 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 9/19/05. (rbe, COURT STAFF) (Filed on 9/19/2005) (Entered: 09/19/2005)

Sept. 19, 2005
177

STIPULATION AND ORDER continuing the Case Management Conference to 4/12/2010 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/26/10. (rbe, COURT STAFF) (Filed on 1/27/2010)

Jan. 27, 2010 RECAP
16

Minute Entry: Further Case Management Conference not held on 10/24/2005 before Judge Henderson. Further Case Management Conference set for 12/12/2005 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 10/24/2005) (Entered: 10/24/2005)

Oct. 24, 2005
180

ORDER by Judge Thelton E. Henderson re: (179) Defendant Contra Costa County's request for expedited case management conference in Case No. C04-4437 TEH. Parties in both Case No. C04-4437 TEH and Case No. C04-5365 TEH shall meet and confer and file joint case management conference statements by 03/08/10. Case management conferences to be held in both cases on 03/15/10 at 1:30 PM. (tehlc3, COURT STAFF) (Filed on 2/24/2010)

Feb. 24, 2010 RECAP
17

JOINT CASE MANAGEMENT STATEMENT filed by Rosalety Barnett. (Merin, Mark) (Filed on 12/5/2005) (Entered: 12/05/2005)

Dec. 5, 2005
19

CLERK'S NOTICE: Further Case Management Conference rescheduled to 8/7/2006 at 01:30 PM. (rbe, COURT STAFF) (Filed on 5/10/2006) (Entered: 05/10/2006)

May 10, 2006
183

ORDER Vacating Case Management Conference & Granting Leave to File Motion for Reconsideration. Defendants May File a Motion for Reconsideration of the Court's re 157 Summary Judgment and re 172 Class Certification Orders by 04/05/2010. Signed by Judge Thelton E. Henderson on 03/11/2010. (tehlc3, COURT STAFF) (Filed on 3/11/2010)

March 11, 2010 RECAP
20

STIPULATION and [Proposed] Order re: Resetting Case Management Conference by Rosalety Barnett, City of Lafayette, City of Lafayette Police Officers. (Merin, Mark) (Filed on 7/11/2006) (Entered: 07/11/2006)

July 11, 2006
191

STIPULATION AND ORDER re: hearings and briefing schedules. Motion Hearing continued to 6/28/2010 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/22/10. (rbe, COURT STAFF) (Filed on 4/23/2010) Modified on 4/26/2010 (rbe, COURT STAFF).

April 23, 2010 RECAP
21

STIPULATION AND ORDER resetting the Further Case Management Conference to 11/20/2006 at 10:00 AM. Signed by Judge Thelton E. Henderson on 07/14/06. (rbe, COURT STAFF) (Filed on 7/17/2006) (Entered: 07/17/2006)

July 17, 2006
201

ORDER Signed by Judge Thelton E. Henderson Granting re 192 Plaintiffs' Motion for Leave to Amend & Granting re 198 Defendants' Motion to Strike. Plaintiffs shall file their amended complaint on or before 06/23/2010. The parties shall appear for a further case management conference on 06/28/10 at 1:30 PM and file a joint case management conference statement on or before 06/23/10. (tehlc3, COURT STAFF) (Filed 6/18/2010)

June 18, 2010 RECAP
205

STIPULATION AND ORDER dismissing plaintiff Chan's claims. Adeline Chan terminated. Signed by Judge Thelton E. Henderson on 06/24/10. (rbe, COURT STAFF) (Filed on 6/24/2010) Modified on 6/24/2010 (rbe, COURT STAFF).

June 24, 2010 RECAP
22

CLERK'S NOTICE continuing the Case Management Conference to 12/11/2006 at 10:00 AM. (rbe, COURT STAFF) (Filed on 10/19/2006) (Entered: 10/19/2006)

Oct. 19, 2006
211

STIPULATION AND ORDER to continue the motion for summary judgment briefing schedule and hearing date. Signed by Judge Thelton E. Henderson on 02/01/2011. (tmi, COURT STAFF) (Filed on 2/1/2011)

Feb. 1, 2011 RECAP
23

ORDER Continuing Hearing (tehlc4, COURT STAFF) (Filed on 11/9/2006) (Entered: 11/09/2006)

Nov. 9, 2006
215

ORDER GRANTING SETTLEMENT AND DISMISSING CASE. Signed by Judge Thelton E. Henderson on 03/18/2011. (tmi, COURT STAFF) (Filed on 3/18/2011)

March 18, 2011 RECAP
24

NOTICE of Change In Counsel by Mark E. Merin, Esq (Merin, Mark) (Filed on 11/15/2006) (Entered: 11/15/2006)

Nov. 15, 2006
26

ORDER Setting Further Case Management Conference for 3/14/2007 01:30 PM. Signed by Judge Thelton E. Henderson on 1/24/07. (tehlc4, COURT STAFF) (Filed on 1/24/2007) (Entered: 01/24/2007)

Jan. 24, 2007
27

JOINT CASE MANAGEMENT STATEMENT filed by Rosalety Barnett. (Schwartz, Andrew) (Filed on 3/13/2007) (Entered: 03/13/2007)

March 13, 2007
28

CLERK'S NOTICE continuing the Case Management Conference to 6/18/2007 at 01:30 PM. (rbe, COURT STAFF) (Filed on 3/14/2007) (Entered: 03/14/2007)

March 14, 2007
29

JOINT CASE MANAGEMENT STATEMENT filed by Rosalety Barnett. (Schwartz, Andrew) (Filed on 6/12/2007) (Entered: 06/12/2007)

June 12, 2007
30

Minute Entry: Further Case Management Conference held on 6/18/2007 before Judge Thelton E. Henderson. Further Case Management Conference set for 9/17/2007 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 6/18/2007) (Entered: 06/18/2007)

June 18, 2007

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Oct. 20, 2004

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Those who were subjected by defendants to pre-arraignment strip and/or visual body cavity searches without defendants having, and recording in writing, a reasonable suspicion that the searches would be productive of contraband or weapons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County of Contra Costa (Contra Costa), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $19,999

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run