Case: Craft v. County of San Bernardino

5:05-cv-00359 | U.S. District Court for the Central District of California

Filed Date: May 3, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 3, 2005, three inmates who had been housed at the San Bernardino County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against the County of San Bernardino and the San Bernardino Sheriff's Department in the U.S. District Court for the Central District of California. The plaintiffs asked the court for declaratory and injunctive relief, as well as monetary damages, alleging that their constitutional rights had been violated by the defendants' policy sanctioning the systematic st…

On May 3, 2005, three inmates who had been housed at the San Bernardino County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against the County of San Bernardino and the San Bernardino Sheriff's Department in the U.S. District Court for the Central District of California. The plaintiffs asked the court for declaratory and injunctive relief, as well as monetary damages, alleging that their constitutional rights had been violated by the defendants' policy sanctioning the systematic strip searching of all detainees who pass through the county jail system, regardless of the nature of the crime prompting their detention. They claimed that the searches occurred in full view of jailors and detainees of the opposite sex, and took place even when the detainee in question had already been ordered released on bail after making an appearance in court.

On February 16, 2006, the defendants asked the District Court to dismiss the case. On March 23, 2006, the District Court (Judge Stephen G. Larson) dismissed the portion of the complaint where the plaintiffs were attempting to sue Sheriff Penrod in his official capacity, and the Court also dismissed the portion of the complaint being brought under the California Constitution. With regard to the other portions of the complaint, the Court denied the motion to dismiss.

On October 11, 2006, the District Court officially certified four plaintiff classes, with a number of sub-classes. The classes were defined as: 1) pre-arraignment arrestees, 2) court returns entitled to release, 3) challenge to manner in which searches were conducted, and 4) transports.

The plaintiff classes asked the court for summary judgment, and on December 7, 2006, the District Court (Judge Larson) partially granted their request, holding that the policy of strip searching arrestees returning from court in a group setting when they were entitled to be released was unreasonable and that the policy of strip-searching pre-arraignment arrestees charged with crimes not involving drugs or violence who were transferred from short-term to long-term jails was also unreasonable. Craft v. County of San Bernardino, 468 F.Supp.2d 1172 (C.D.Ca. 2006).

On September 21, 2007, the parties entered into a settlement agreement, which was preliminarily approved by the District Court. According to the document, the County of San Bernardino agreed to pay $25,500,000.00 to the plaintiff class in order to fully settle the claims against them. All fees were to be paid out of this settlement fund. In addition, the defendants agreed to discontinue strip-searches of arrestees who would fall into any of the certified classes in this lawsuit, and the plaintiffs agreed to release all claims that they had against the defendants.

On April 1, 2008, the District Court approved the settlement. Each claimant will receive $700-800 on average ($50 minimum). The named plaintiffs will share a total payout of $200,000. Class attorney's fees were set at $6,325,000 -- 25% of the class damages.

Summary Authors

Kristen Sagar (7/9/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5714587/parties/karen-craft-v-county-of-san-bernardino/


Documents in the Clearinghouse

Documents in this case

5:05-cv-00359

Docket (PACER)

Sept. 21, 2007

Sept. 21, 2007

Docket
44

5:05-cv-00359

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

March 23, 2006

March 23, 2006

Order/Opinion

2006 WL 4941829

5:05-cv-00359

Third Amended Class Action Complaint

July 6, 2006

July 6, 2006

Complaint
86

5:05-cv-00359

Order Granting Motion for Class Certification

Oct. 11, 2006

Oct. 11, 2006

Order/Opinion
113

5:05-cv-00359

Order Granting Plaintiff's Motion for Partial Summary Judgment

Dec. 7, 2006

Dec. 7, 2006

Order/Opinion

468 F.Supp.2d 1172

130

5:05-cv-00359

Stipulation and Order Granting Preliminary Approval to Class Settlement (with Settlement Agreement attached as Exhibit A)

Sept. 21, 2007

Sept. 21, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5714587/karen-craft-v-county-of-san-bernardino/

Last updated June 1, 2026, 7:04 p.m.

Docket for: Karen Craft v. County of San Bernardino
ECF Number Date Description Link
1 May 3, 2005

Complaint - (Discovery)

RECAP
2 May 3, 2005

Certificate/Notice of Interested Parties

RECAP
May 3, 2005

FAX number for Attorney Donald W Cook, Robert Mann is 213-252-0091. (am, ) (Entered: 05/10/2005)

PACER
May 3, 2005

20 Day Summons Issued re Complaint - (Discovery)[1] as to County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 05/10/2005)

PACER
May 3, 2005

NOTICE TO COUNSEL re Eastern Division Pilot (am, ) (Entered: 05/10/2005)

PACER
May 3, 2005

(TERMED) Fax Number

May 3, 2005

Summons Issued

May 3, 2005

(TERMED) Notice to Counsel (CV-20ED)

3 May 12, 2005

Order

RECAP
4 July 19, 2005

Amended Complaint

RECAP
Aug. 4, 2005

20 Day Summons Issued re Amended Complaint, [4] as to County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 08/05/2005)

PACER
Aug. 4, 2005

Summons Issued

5 Aug. 24, 2005

Stipulation and Order

RECAP
6 Aug. 25, 2005

Order

RECAP
7 Aug. 25, 2005

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
8 Aug. 25, 2005

Certificate/Notice of Interested Parties

RECAP
9 Aug. 25, 2005

Answer to Complaint (Discovery)

RECAP
10 Aug. 29, 2005

Service of Summons and Complaint Returned Executed (21 days)

RECAP
11 Aug. 29, 2005

(TERMED) Consent to Proceed before US Magistrate Judge Stephen Larson (CV-11ED) - Non-Final

RECAP
12 Aug. 31, 2005

Notice (Other)

RECAP
13 Aug. 31, 2005

(TERMED) Consent to Proceed before US Magistrate Judge Stephen Larson (CV-11ED)

RECAP
15 Sept. 9, 2005

Stipulation to Continue

RECAP
14 Sept. 13, 2005

Order

RECAP
16 Sept. 19, 2005

Proof of Service (subsequent documents)

RECAP
17 Oct. 17, 2005

Joint Report Rule 26(f) Discovery Plan

RECAP
18 Oct. 28, 2005

Stipulation and Order

RECAP
19 Oct. 28, 2005

Stipulation to Amend/Correct

RECAP
20 Oct. 31, 2005

Scheduling Conference - optional html form

RECAP
21 Nov. 1, 2005

Scheduling Order

RECAP
22 Dec. 16, 2005

Stipulation and Order

RECAP
23 Dec. 20, 2005

Notice (Other)

RECAP
24 Jan. 31, 2006

Stipulation and Order

RECAP
25 Jan. 31, 2006

Amended Complaint

RECAP
26 Feb. 6, 2006

Notice of Document Discrepancies and Order - Rejecting

RECAP
27 Feb. 10, 2006

Stipulation and Order

RECAP
28 Feb. 13, 2006

Mail Returned

RECAP
29 Feb. 15, 2006

Notice (Other)

RECAP
30 Feb. 16, 2006

Motion to Dismiss Case

RECAP
31 Feb. 16, 2006

Declaration (Motion related)

RECAP
32 Feb. 16, 2006

Declaration (Motion related)

RECAP
33 Feb. 16, 2006

Request for Judicial Notice

RECAP
34 Feb. 16, 2006

Motion Related Document

RECAP
35 Feb. 16, 2006

Proof of Service (subsequent documents)

RECAP
36 March 3, 2006

Stipulation and Order

RECAP
37 March 7, 2006

Response in Opposition to Motion

RECAP
38 March 7, 2006

Declaration (Motion related)

RECAP
39 March 10, 2006

Reply (Motion related)

RECAP
40 March 13, 2006

(TERMED) Application to Shorten Time for Hearing

RECAP
41 March 13, 2006

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
42 March 15, 2006

(TERMED) Request to Withdraw Motion/Application/Request/Ex Parte Application

RECAP
March 15, 2006

PLACED IN FILE - NOT USED re Order shortening time submitted by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 03/17/2006)

PACER
March 15, 2006

Received but Not Filed

43 March 20, 2006

Motion Hearing

RECAP
44 March 23, 2006

Order on Motion to Dismiss Case

RECAP
46 April 7, 2006

Stipulation for Leave

RECAP
47 April 7, 2006

Answer to Complaint

RECAP
45 April 11, 2006

Notice of Reassignment of Case Due to Unavailability of Judicial Officer (G-74) (MJ) - optional html form

RECAP
48 April 11, 2006

Stipulation for Leave

RECAP
April 11, 2006

Judge Stephen G. Larson added. Judge Stephen G. larson no longer assigned to case. (la, ) (Entered: 04/11/2006)

PACER
April 11, 2006

Add and Terminate Judges

49 June 12, 2006

Order

RECAP
50 July 5, 2006

Stipulation and Order

RECAP
51 July 10, 2006

Motion for Leave to File Document

RECAP
52 July 10, 2006

Chief District Judge Transferring Case

RECAP
53 July 14, 2006

Chief District Judge Transferring Case

RECAP
54 July 21, 2006

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
July 21, 2006

MINUTE ORDER (IN CHAMBERS) NOTICE RE: PLAINTIFFS NOTICE OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (FILED 7/10/06): Pursuant to the Order of the Chief Judge issued July 14, 2006, the within action has been returned from Judge Guilford to Judge Stephen G. Larson, for all further proceedings. The hearing and oral argument on the above-referenced motion will be heard before District Judge Stephen G. Larson, in Courtroom One of the above-referenced court. IT IS SO ORDERED.[RE: MOTION for Leave to file Third Amended Complaint[51] Court Reporter: none. (jh, ) (Entered: 07/21/2006)

PACER
July 21, 2006

Link Motions to Minutes

55 July 24, 2006

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
56 July 24, 2006

Request for Judicial Notice

RECAP
57 July 24, 2006

Response in Opposition to Motion

RECAP
58 Aug. 1, 2006

Stipulation and Order

RECAP
59 Aug. 4, 2006

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
60 Aug. 14, 2006

Reply

RECAP
61 Aug. 17, 2006

Order

RECAP
62 Aug. 17, 2006

Amended Complaint

RECAP
63 Sept. 5, 2006

Stipulation and Order

RECAP
64 Sept. 6, 2006

Stipulation and Order

RECAP
65 Sept. 8, 2006

Motion to Certify Class Action

RECAP
66 Sept. 8, 2006

Memorandum in Support of Motion

RECAP
67 Sept. 8, 2006

Declaration (Motion related)

RECAP
68 Sept. 8, 2006

Declaration (Motion related)

RECAP
69 Sept. 8, 2006

Declaration (Motion related)

RECAP
70 Sept. 8, 2006

Motion Related Document

RECAP
71 Sept. 11, 2006

Answer to Complaint

RECAP
72 Sept. 11, 2006

Declaration (Motion related)

RECAP
73 Sept. 11, 2006

Declaration

RECAP
74 Sept. 14, 2006

(TERMED) Notice of Hearing on Motion

RECAP
75 Sept. 15, 2006

Motion for Summary Judgment

RECAP
76 Sept. 15, 2006

Memorandum in Support of Motion

RECAP
77 Sept. 15, 2006

Declaration (Motion related)

RECAP
78 Sept. 18, 2006

Response in Opposition to Motion

RECAP
79 Sept. 18, 2006

Declaration (Motion related)

RECAP
80 Sept. 21, 2006

Declaration

RECAP
81 Sept. 25, 2006

Reply (Motion related)

RECAP
82 Sept. 28, 2006

Declaration (Motion related)

RECAP
83 Sept. 29, 2006

(TERMED) In Chambers Order/Directive - no proceeding held

RECAP
84 Oct. 2, 2006

Motion Hearing

RECAP
85 Oct. 6, 2006

Motion to Compel

RECAP
87 Oct. 6, 2006

Stipulation to Compel

RECAP

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 3, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four classes certified: (1) Pre-Arraignment Arrestees (three sub-classes), (2) Court Returns Entitled to Release, (3) Challenge to Manner in Which Searches are Conducted, and (4) Transports.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County of San Bernardino

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Central District of California 5:05-cv-00359

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation