Case: Yourke v. City & County of San Francisco

3:03-cv-03105 | U.S. District Court for the Northern District of California

Filed Date: July 2, 2003

Closed Date: May 25, 2012

Clearinghouse coding complete

Case Summary

On July 2, 2003, an individual action was filed against the City and County of San Francisco pro se by an individual who was allegedly falsely arrested and subjected to a strip search after being transported to the county jail under 42 U.S.C. § 1983. The case was brought in the U.S. District Court for the Northern District of California and, after being reassigned twice, was presided over by Judge Charles Breyer. The plaintiff claimed that the false arrest and strip search were in violation of…

On July 2, 2003, an individual action was filed against the City and County of San Francisco pro se by an individual who was allegedly falsely arrested and subjected to a strip search after being transported to the county jail under 42 U.S.C. § 1983. The case was brought in the U.S. District Court for the Northern District of California and, after being reassigned twice, was presided over by Judge Charles Breyer. The plaintiff claimed that the false arrest and strip search were in violation of the Fourth and Fourteenth Amendments and California state law. The plaintiff retained private counsel during the litigation.

This case was a companion case to Bull v. City and County of San Francisco, No. C 03-1840 CRB (N.D. Cal.) see JC-CA-0007 in this Clearinghouse, a class-action lawsuit challenging the strip search policy of the City and County of San Francisco.

After attempts to settle the Yourke case failed, the parties filed cross-motions for summary judgment. On September 3, 2004, the District Court denied the plaintiff's motion for summary judgment on his strip search claims and granted the defendants' motion for summary judgment on the false arrest claim. The court also denied the defendants' motion to dismiss the plaintiff's state law claims.

On February 23, 2006, the District Court issued an Amended Memorandum and Order in the related Bull case, (a) holding that some of the defendants' policies were constitutional while others were unconstitutional and (b) finding that the defendants were entitled to qualified immunity with regard to some, but not all, claims. See Bull v. City & County of San Francisco, 2006 WL 449148 (N.D. Cal. Feb 23, 2006). Based on that order, the parties in Yourke filed a second set of motions for partial summary judgment on the issues of (a) the constitutionality of the plaintiff's strip search and (b) the defendants' entitlement to qualified immunity. The District Court dismissed these motions without prejudice and stayed all further proceedings while the Bull appeal was pending. The Bull appeal, filed on March 26, 2006, was decided by Ninth Circuit on August 22, 2008. The Circuit Court affirmed the decision that the blanket strip-search policy was a violation of constitutional rights and also held that the defendants would not be protected by qualified immunity.

On September 16, 2010, the court ruled on the parties' renewed cross motions for summary judgment in this case, granting the defendants' motion and denying the plaintiff's motion. 2010 WL 3701789. Plaintiff's appeal of this judgment was rejected by the Ninth Circuit on December 3, 2010, for failure to respond to a November order. Sometime between the end of 2010 and May 2012, the plaintiff appealed the 2010 judgement pro se on the Fourth Amendment claim and his California Penal Code § 4030. The court of appeals affirmed the district court's judgment on May 25, 2012. 473 Fed.Appx. 725. This case is now closed.

On June 28, 2013, Judge Charles Breyer dismissed the Bull suit without prejudice and approved its settlement claim.

Summary Authors

Timothy Shoffner (7/16/2012)

Christiana Johnson (2/7/2020)

Related Cases

Bull v. City and County of San Francisco, Northern District of California (2003)

Flick v. San Francisco, California, Northern District of California (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5758030/parties/yourke-v-city-county-of-san-francisco/


Judge(s)

Breyer, Charles R. (California)

Attorneys(s) for Plaintiff

Burris, John L. (California)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Yourke, Steven Robert (California)

Attorneys(s) for Defendant

Bonta, Robert A. (California)

Evans, Ingrid M. (California)

Newdorf, David Blake (California)

Other Attorney(s)

Active

Judge(s)

Breyer, Charles R. (California)

Attorneys(s) for Plaintiff

Burris, John L. (California)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Yourke, Steven Robert (California)

Attorneys(s) for Defendant

Bonta, Robert A. (California)

Evans, Ingrid M. (California)

Newdorf, David Blake (California)

Other Attorney(s)

Haddad, Michael J. (California)

Documents in the Clearinghouse

Document

Docket (PACER) [Court of Appeals]

Yourke v. City & County SF

U. S. Court of Appeals for the Ninth Circuit

March 14, 2007 Docket

Docket (PACER)

Yourke v. San Francisco

July 2, 2012 Docket
67

Order [Regarding Motions for Summary Judgment]

Yourke v. San Francisco

Sept. 3, 2004 Order/Opinion
96

Order and Stay

Yourke v. San Francisco

June 27, 2006 Order/Opinion
105

Order [Regarding Motion for Reconsideration]

Yourke v. San Francisco

Dec. 18, 2006 Order/Opinion
131

Order Granting Defendants' Motion for Summary Judgment and Denying Plaintiff's Cross Motion for Summary Judgment

Yourke v. San Francisco

2010 WL 3701789, 2010 U.S.Dist.LEXIS 97004

Sept. 16, 2010 Order/Opinion
132

Judgment

Yourke v. San Francisco

Sept. 16, 2010 Order/Opinion
142

Order [Ninth Circuit]

Yourke v. San Francisco

U. S. Court of Appeals for the Ninth Circuit

Dec. 3, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5758030/yourke-v-city-county-of-san-francisco/

Last updated May 20, 2022, 1:18 a.m.

ECF Number Description Date Link
1

COMPLAINT /issued summons against City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones (Filing fee $150 receipt number 3349112). Filed by pro se Steven R. Yourke. (ga, ) (Entered: 07/03/2003)

July 2, 2003
94

ORDER re 93 Proposed Order filed by Steven R. Yourke,. Signed by Judge Charles R. Breyer on 6/16/06. (be, COURT STAFF) (Filed on 6/19/2006)

June 19, 2006 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 10/22/2003. Case Management Conference set for 10/29/2003 at 10:30 AM.. Signed by Judge James Larson on 7/2/03. (ga, ) (Entered: 07/03/2003)

July 2, 2003
96

ORDER by Judge Charles R. Breyer denying 70 Motion for Partial Summary Judgment, denying 79 Motion for Summary Judgment, denying 82 Motion for Summary Judgment, denying 84 Motion for Summary Judgment (crblc2, COURT STAFF) (Filed on 6/27/2006)

June 27, 2006 RECAP
4

Declination to Proceed Before a U.S. Magistrate Judge by City &County of San Francisco. (ga, COURT STAFF) (Entered: 10/14/2003)

Oct. 10, 2003
101

ORDER by Judge Charles R. Breyer denying 97 Motion to Amend/Correct . Case stayed. (crblc2, COURT STAFF) (Filed on 7/25/2006) Modified on 7/26/2006 (mcl, COURT STAFF).

July 25, 2006 RECAP
5

ANSWER to Complaint by City &County of San Francisco, Michael Hennessey. (ga, COURT STAFF) (Entered: 10/14/2003)

Oct. 10, 2003
105

ORDER by Judge Charles R. Breyer denying 104 Motion for Reconsideration. (crblc2, COURT STAFF) (Filed on 12/18/2006)

Dec. 18, 2006 RECAP
3

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Entered: 10/14/2003)

Oct. 14, 2003
119

ORDER to continue CMC re (117 in 3:03-cv-03105-CRB) Stipulation filed by Richard Jones, Michael Hennessey, Robert Gallot Case Management Conference set for 7/23/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/9/2010. (be, COURT STAFF) (Filed on 7/13/2010)

July 13, 2010 RECAP
131

ORDER by Judge Charles R. Breyer granting 124 Motion for Summary Judgment; denying 126 Motion for Summary Judgment; finding as moot 130 Motion to Dismiss (crblc2, COURT STAFF) (Filed on 9/16/2010)

Sept. 16, 2010 RECAP
6

ORDER REASSIGNING CASE. Case reassigned to Judge Jeffrey S. White for all further proceedings. Judge James Larson no longer assigned to case. Signed by Executive Committee on 10/14/03. (mab, COURT STAFF) (Entered: 10/14/2003)

Oct. 14, 2003
7

ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 1/23/2004 at 01:30 PM.. Signed by Judge Jeffrey S. White on 10/22/2003. (vlh, COURT STAFF) (Entered: 10/23/2003)

Oct. 22, 2003
8

JOINT CASE MANAGEMENT STATEMENT filed by pro se Steven R. Yourke. (vlh, COURT STAFF) (Entered: 10/27/2003)

Oct. 24, 2003
9

NOTICE of Related Case by City &County of San Francisco. (Evans, Ingrid) (Entered: 11/07/2003)

Nov. 7, 2003
10

Duplicate Filing. Refer to Document 9 For Correct Entry. NOTICE of Related Case by City &County of San Francisco. (Evans, Ingrid) Modified on 11/12/2003 (vlh, COURT STAFF). (Entered: 11/10/2003)

Nov. 10, 2003
11

ANSWER to Complaint by Richard Jones. (vlh, COURT STAFF) (Entered: 11/14/2003)

Nov. 13, 2003
12

ORDER REASSIGNING CASE. Case reassigned to Judge Charles R. Breyer for all further proceedings. Judge Jeffrey S. White no longer assigned to case. Signed by Judge Charles R. Breyer on 11/14/2003. (vlh, COURT STAFF) (Filed on 11/18/2003) (Entered: 11/18/2003)

Nov. 18, 2003
13

DECLARATION in Opposition re 9 Notice of Related Cases re 03−1840 filed by Steven R. Yourke. (Related document(s) 9 ) (mmt, COURT STAFF) (Filed on 11/21/2003) (Entered: 11/26/2003)

Nov. 21, 2003
15

CLERK'S NOTICE Case Management Conference set for 2/27/2004 08:30 AM. Case Management Statement due by 2/20/2004. (mmt, COURT STAFF) (Filed on 11/24/2003) (Entered: 11/26/2003)

Nov. 24, 2003

CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (wh, COURT STAFF) (Filed on 11/25/2003) (Entered: 11/25/2003)

Nov. 25, 2003
14

STIPULATION to assignment to a Magistrate Judge for Settlement Conference AND ORDER Signed by Judge Charles R. Breyer on 11/24/03. (mmt, COURT STAFF) (Filed on 11/25/2003) (Entered: 11/26/2003)

Nov. 25, 2003
17

NOTICE of unavailability (12/3/03 through 1/21/04) by Steven R. Yourke (mmt, COURT STAFF) (Filed on 12/1/2003) (Entered: 12/02/2003)

Dec. 1, 2003
18

ANSWER to Complaint with Jury Demand by Robert Gallot. (mmt, COURT STAFF) (Filed on 12/2/2003) (Entered: 12/04/2003)

Dec. 2, 2003
19

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Judge Elizabeth D. LaPorte on 12/3/03. (mmt, COURT STAFF) (Filed on 12/3/2003) (Entered: 12/05/2003)

Dec. 3, 2003

Settlement Conference set for 4/1/2004 09:00 AM courtroom E, 15th Floor. (mmt, COURT STAFF) (Filed on 12/3/2003) (Entered: 12/05/2003)

Dec. 3, 2003
20

NOTICE of Related Case (Schwartz, Andrew) (Filed on 2/5/2004) (Entered: 02/05/2004)

Feb. 5, 2004
21

CLERK'S NOTICE Initial Case Management Conference rescheduled for 4/9/2004 08:30 AM. Case Management Statement due by 4/2/2004. (be, COURT STAFF) (Filed on 2/18/2004) Additional attachment(s) added on 2/18/2004 (be, COURT STAFF). (Entered: 02/18/2004)

Feb. 18, 2004
22

NOTICE &ORDER Signed by Mag. Judge Elizabeth D. Laporte on 3/11/04 Setting Settlement Conference to 4/2/04 at 9:00 a.m.. (tn, COURT STAFF) (Filed on 3/11/2004) (Entered: 03/12/2004)

March 11, 2004
23

ORDER that Mr. Merin is not permitted to attend the settlement conference on 4/2/04. Signed by Judge Elizabeth D. Laporte on 3/31/04. (mmt, COURT STAFF) (Filed on 3/31/2004) (Entered: 04/01/2004)

March 31, 2004
24

ASSOCIATION of Counsel, Andrew Schwartz and Mark Merin, by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 3/31/2004) (Entered: 04/01/2004)

March 31, 2004
25

NOTICE by City &County of San Francisco OF UNAVAILABILITY OF COUNSEL (Evans, Ingrid) (Filed on 4/1/2004) (Entered: 04/01/2004)

April 1, 2004
26

NOTICE by City &County of San Francisco of Unavailability of Counsel, 4/29/04 and 4/30/04, and 5/7/04 through 5/26/04 (mmt, COURT STAFF) (Filed on 4/1/2004) (Entered: 04/02/2004)

April 1, 2004
27

Notice and ORDER setting further settlement conference. Signed by Judge Elizabeth D. Laporte on 2/2/04. (mmt, COURT STAFF) (Filed on 4/2/2004) (Entered: 04/05/2004)

April 2, 2004
28

Minute Entry: Settlement Conference held. Case continued to 8/6/04 at 9:30 a.m. for further settlement conference (Date Filed: 4/2/2004). (Court Reporter N/A) (mmt, COURT STAFF) (Date Filed: 4/2/2004) (Entered: 04/05/2004)

April 2, 2004

Set/Reset Deadlines:, Set/Reset Scheduling Order Deadlines: Settlement Conference Statement due by 7/27/2004. (mmt, COURT STAFF) (Filed on 4/2/2004) (Entered: 04/05/2004)

April 2, 2004

Set/Reset Hearings: Settlement Conference set for 8/6/2004 09:30 AM. (mmt, COURT STAFF) (Filed on 4/2/2004) (Entered: 04/05/2004)

April 2, 2004
29

MOTION to Withdraw as Attorney filed by Steven R. Yourke. Motion Hearing set for 5/21/2004 10:00 AM. (Schwartz, Andrew) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
30

Declaration of Andrew C. Schwartz in Support of Motion to Withdraw as Counsel of Record filed by Steven R. Yourke. (Schwartz, Andrew) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
31

Proposed Order Removing Andrew C. Schwartz and Mark Marin as Attorneys of Record by Steven R. Yourke. (Schwartz, Andrew) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
33

MOTION for Leave to File AMENDED COMPLAINT TO ADD STATE LAW CAUSES OF ACTION filed by Steven R. Yourke. Motion Hearing set for 6/3/2004 10:00 AM. (aaa, Court Staff) (Filed on 4/28/2004) (Entered: 04/29/2004)

April 28, 2004

Received Order ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT re 33 by Steven R. Yourke. (aaa, Court Staff) (Filed on 4/28/2004) (Entered: 04/29/2004)

April 28, 2004
34

DECLARATION of Steven R. Yourke in Opposition to 29 , 30 , 32 filed by Steven R. Yourke. (Related document(s) 29 , 30 , 32 ) (mmt, COURT STAFF) (Filed on 4/29/2004) (Entered: 05/04/2004)

April 29, 2004
35

Amended NOTICE re 33 MOTION for Leave to File Amended Complaint by Steven R. Yourke, set for 6/3/04 at 10:00 am, will be heard 6/4/04 at 10:00 am. (mmt, COURT STAFF) (Filed on 5/7/2004) (Entered: 05/10/2004)

May 7, 2004
36

Memorandum in Opposition re 33 MOTION for Leave to File filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (mmt, COURT STAFF) (Filed on 5/13/2004) (Entered: 05/14/2004)

May 13, 2004
37

NOTICE by Steven R. Yourke Substitution of Counsel for Plaintiff (Burris, John) (Filed on 5/19/2004) (Entered: 05/19/2004)

May 19, 2004
38

NOTICE by Steven R. Yourke (Attachments: # 1 Signature Page (Declarations/Stipulations) # 2 Signature Page (Declarations/Stipulations) Substitution of Counsel for Plaintiff)(Burris, John) (Filed on 5/19/2004) (Entered: 05/19/2004)

May 19, 2004
39

Reply to Opposition: P's reply to D's Opposition to P's motion to amend Complaint filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 5/20/2004) (Entered: 05/21/2004)

May 20, 2004
40

ORDER of substitution of counsel. Signed by Judge Charles R. Breyer on 5/20/04. (be, COURT STAFF) (Filed on 5/21/2004) (Entered: 05/21/2004)

May 21, 2004
41

Minute Entry: Motion Hearing held on 6/4/2004 before Charles R. Breyer (Date Filed: 6/4/2004) re 33 MOTION for Leave to File filed by Steven R. Yourke. (Court Reporter Leo Mankiewicz.) (be, COURT STAFF) (Date Filed: 6/4/2004) (Entered: 06/04/2004)

June 4, 2004
42

ORDER by Judge Charles R. Breyer granting 33 Motion for Leave to File Amended Complaint. (crblc2, COURT STAFF) (Filed on 6/9/2004) (Entered: 06/09/2004)

June 9, 2004
44

MOTION for Summary Adjudication filed by Steven R. Yourke. Motion Hearing set for 7/30/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 6/25/2004) (Entered: 06/28/2004)

June 25, 2004
45

Declaration of Steven R. Yourke in Support of 44 filed by Steven R. Yourke. (Related document(s) 44 ) (mmt, COURT STAFF) (Filed on 6/25/2004) (Entered: 06/28/2004)

June 25, 2004
43

AMENDED COMPLAINT against City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. Filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 6/28/2004) (Entered: 06/28/2004)

June 28, 2004
46

Renotice motion hearing 44 filed by Steven R. Yourke. Motion Hearing set for 8/13/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 7/2/2004) (Entered: 07/06/2004)

July 2, 2004
47

MOTION for Summary Adjudication filed by Steven R. Yourke. Motion Hearing set for 8/13/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 7/12/2004) (Entered: 07/13/2004)

July 12, 2004
49

TRANSCRIPT of Proceedings held on 06/02/04 before Judge Charles R. Breyer. Court Reporter: Leo T. Mankiewicz. (mmt, COURT STAFF) (Filed on 7/20/2004) (Entered: 07/23/2004)

July 20, 2004
50

MOTION for Partial Summary Judgment filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. Motion Hearing set for 9/3/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/27/2004)

July 23, 2004
51

DECLARATION of Richard Jones in Opposition to 47 filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (Related document(s) 47 ) (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
52

DECLARATION of David B. Newdorf in Opposition to 47 filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (Related document(s) 47 ) (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
53

MOTION to Dismiss; Memorandum of Points and Authorities in Support filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. Motion Hearing set for 9/3/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
54

Memorandum in Opposition re 44 MOTION for Summary Judgment filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
55

Memorandum in Opposition re 47 MOTION for Summary Judgment filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
56

DECLARATION of Robert Gallot in Opposition to 47 filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (Related document(s) 47 ) (mmt, COURT STAFF) (Filed on 7/23/2004) (Entered: 07/28/2004)

July 23, 2004
57

CLERK'S NOTICE Continuing Motion Hearing Plaintiff's Motions Hearing set for 9/3/2004 10:00 AM. (be, COURT STAFF) (Filed on 7/29/2004) Additional attachment(s) added on 7/29/2004 (be, COURT STAFF). (Entered: 07/29/2004)

July 29, 2004

Settlement Conference set for 9/10/2004 09:30 AM. Statements due 8/31/2004. Signed by Judge Laporte on 8/2/04.(drk, COURT STAFF) (Filed on 8/2/2004) (Entered: 08/02/2004)

Aug. 2, 2004
58

Amended Opposition re 44 MOTION for Summary Judgment filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (mmt, COURT STAFF) (Filed on 8/12/2004) (Entered: 08/13/2004)

Aug. 12, 2004
59

Supplemental DECLARATION of David B. Newdorf in Opposition to 44 filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (Related document(s) 44 ) (mmt, COURT STAFF) (Filed on 8/12/2004) (Entered: 08/13/2004)

Aug. 12, 2004
60

Memorandum in Opposition re 53 MOTION to Dismiss filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 8/13/2004) (Entered: 08/16/2004)

Aug. 13, 2004
61

Memorandum in Opposition re 50 MOTION for Partial Summary Judgment filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 8/13/2004) (Entered: 08/16/2004)

Aug. 13, 2004
62

Reply Memorandum re Defendant's Opposition to 47 MOTION for Summary Judgment filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/24/2004)

Aug. 20, 2004
63

Reply to Defendant Jones' Opposition to re 47 filed by Steven R. Yourke. (mmt, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/24/2004)

Aug. 20, 2004
65

RESPONSE in Support re 53 MOTION to Dismiss filed by City &County of San Francisco, Robert Gallot, Michael Hennessey, Richard Jones. (mmt, COURT STAFF) (Filed on 8/20/2004) (Entered: 08/24/2004)

Aug. 20, 2004
66

Minute Entry: Motion Hearing held on 9/3/2004 before Charles R. Breyer (Date Filed: 9/3/2004). (Court Reporter Joan Columbini.) (be, COURT STAFF) (Date Filed: 9/3/2004) (Entered: 09/03/2004)

Sept. 3, 2004
67

ORDER by Judge Charles R. Breyer denying 44 Motion for Summary Judgment, denying 47 Motion for Summary Judgment, granting 50 Motion for Partial Summary Judgment, denying 53 Motion to Dismiss (crblc2, COURT STAFF) (Filed on 9/3/2004) (Entered: 09/03/2004)

Sept. 3, 2004
68

Minute Entry: Settlement Conference (Date Filed: 9/10/2004). (drk, COURT STAFF) (Date Filed: 9/10/2004) (Entered: 09/10/2004)

Sept. 10, 2004
69

NOTICE of Related Case (Haddad, Michael) (Filed on 1/21/2005) (Entered: 01/21/2005)

Jan. 21, 2005
70

SECOND NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Steven R. Yourke. Motion Hearing set for 4/28/2006 10:00 AM. (mcl, COURT STAFF) (Filed on 3/24/2006) Additional attachment(s) added on 5/8/2006 (mcl, COURT STAFF). EXHIBITS EXIST ON PAPER AND ARE MAINTAINED IN THE CLERK'S FILE. Modified on 5/8/2006 (mcl, COURT STAFF). (Entered: 03/27/2006)

March 24, 2006
71

CLERK'S NOTICE re: Failure to E−File Document No. 70. (mcl, COURT STAFF) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006
72

CERTIFICATE OF SERVICE by Steven R. Yourke re 70 MOTION for Partial Summary Judgment (mcl, COURT STAFF) (Filed on 3/28/2006) (Entered: 03/31/2006)

March 28, 2006
73

NOTICE of Change In Counsel by Ingrid M. Evans (Evans, Ingrid) (Filed on 4/3/2006) (Entered: 04/03/2006)

April 3, 2006
74

Memorandum in Opposition re 70 MOTION for Partial Summary Judgment filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Newdorf, David) (Filed on 4/7/2006) (Entered: 04/07/2006)

April 7, 2006
75

Declaration of David B. Newdorf In Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Attachments: # 1 Exhibit Ex. 1 − S.F.P.D. Officer Richard Jones Declaration; Ex. 2 − S.F.P.D. Incident Report# 2 Exhibit Ex. 3 − Deposition of Steven Yourke# 3 Exhibit Ex. 4 − Deposition of S.F.S.D. Chief Deputy Tom Arata# 4 Exhibit Ex. 5− Deposition of S.F.S.D. Sgt. Eldred Oaks# 5 Exhibit Ex. 6 − Deposition of Undersheriff Jan Dempsey# 6 Exhibit Ex. 7 − Deposition of S.F.S.D. Capt. Richard Dyer# 7 Exhibit Ex. 8 − Declaration of S.F.S.D. Capt. Ellen Brin# 8 Part 1 of Brin Decl. Exhibit A# 9 Part 2 − Brin Decl. Exhibit A# 10 Part 3 of Brin Decl. Exhibit A# 11 Part 4 of Brin Decl. Exhibit A# 12 Part 5 of Brin Decl. Exhibit A# 13 Part 6 of Brin Decl. Exhibit A)(Newdorf, David) (Filed on 4/7/2006) (Entered: 04/07/2006)

April 7, 2006
76

Declaration of Undersheriff Jan Dempsey In Support of Defendants' Opposition to Motion for Partial Summary Judgment filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Attachments: # 1 Exhibit Ex. 1 − K9 Contraband Finds; Ex. 2 − Steven Yourke Field Arrest Card; Ex. 3 − Antonia Santos Field Arrest Card# 2 Signature Page (Declarations/Stipulations))(Newdorf, David) (Filed on 4/7/2006) (Entered: 04/07/2006)

April 7, 2006
78

Reply to Opposition re 70 MOTION for Partial Summary Judgment filed bySteven R. Yourke. (mcl, COURT STAFF) (Filed on 4/14/2006) (Entered: 04/19/2006)

April 14, 2006
79

Cross MOTION for Summary Judgment filed by City &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. Motion Hearing set for 6/23/2006 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Newdorf, David) (Filed on 4/19/2006) (Entered: 04/19/2006)

April 19, 2006
80

MOTION to Continue Adminsitrative Motion to Continue Summary Judgment Hearing Date and For Leave To File Oversize Cross Motion Memorandum filed by City &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Newdorf, David) (Filed on 4/20/2006) (Entered: 04/20/2006)

April 20, 2006
81

ORDER by Judge Charles R. Breyer granting 80 Motion to Continue (be, COURT STAFF) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

Set/Reset Deadlines as to 70 MOTION for Partial Summary Judgment. Motion Hearing set for 6/23/2006 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (be, COURT STAFF) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006
82

Third MOTION for Summary Judgment for Violation of Civil Rights filed by Steven R. Yourke. Motion Hearing set for 6/23/2006 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Burris, John) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006
83

Declaration of STEVEN R. YOURKE IN SUPPORT OF PLAINTIFF'S THIRD MOTION FOR SUMMARY JUDGMENT filed bySteven R. Yourke. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Burris, John) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006
84

Cross MOTION for Summary Judgment Defendants' AMENDED Cross Motion filed by City &County of San Francisco, Michael Hennessey, Robert Gallot. Motion Hearing set for 6/23/2006 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Newdorf, David) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006
85

Declaration of Capt. Ellen Brin in Support of 84 Cross MOTION for Summary Judgment Defendants' AMENDED Cross Motion Supplemental Brin Declaration filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot. (Attachments: # 1 Exhibit A − Part 1# 2 Exhibit A − Part 2)(Related document(s) 84 ) (Newdorf, David) (Filed on 5/19/2006) (Entered: 05/19/2006)

May 19, 2006
86

Memorandum in Opposition re 82 Third MOTION for Summary Judgment for Violation of Civil Rights Re Penal Code section 4030 filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot. (Newdorf, David) (Filed on 5/31/2006) (Entered: 05/31/2006)

May 31, 2006
87

DECLARATION of David B. Newdorf in Opposition to 82 Third MOTION for Summary Judgment for Violation of Civil Rights Supplemental Newdorf Declaration Re Penal Code section 4030 filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F − part I# 7 Exhibit F − part II# 8 Exhibit G)(Related document(s) 82 ) (Newdorf, David) (Filed on 5/31/2006) (Entered: 05/31/2006)

May 31, 2006
88

Memorandum in Opposition or Points &Authorities in Opposition to Defendants' Cross Motion for Summary Judgment filed bySteven R. Yourke. (Burris, John) (Filed on 6/2/2006) (Entered: 06/02/2006)

June 2, 2006
89

Memorandum in Opposition PLAINTIFF'S AMENDED OPPOSITION TO DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT &SUPPORTING DECLARATION OF STEVEN R. YOURKE filed bySteven R. Yourke. (Burris, John) (Filed on 6/5/2006) (Entered: 06/05/2006)

June 5, 2006
90

Reply to Opposition PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON HIS FIFTH CAUSE OF ACTION filed bySteven R. Yourke. (Burris, John) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006
92

Reply Memorandum re 84 Cross MOTION for Summary Judgment Defendants' AMENDED Cross Motion filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot. (Newdorf, David) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006
93

Proposed Order POINT OF CLARIFICATION AND (PROPOSED) ORDER by Steven R. Yourke. (Burris, John) (Filed on 6/15/2006) (Entered: 06/15/2006)

June 15, 2006

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 2, 2003

Closing Date: May 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual subjected to an alleged false arrest and subsequent strip search.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City & County of San Francisco (San Francisco, San Francisco), None

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Strip search policy

Type of Facility:

Government-run