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.), 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)

Attorney for Plaintiff

Burris, John L. (California)

Attorney for Defendant

Bonta, Robert A. (California)

Evans, Ingrid M. (California)

Expert/Monitor/Master/Other

Haddad, Michael J. (California)

Documents in the Clearinghouse

06-16450

Docket (PACER) [Court of Appeals]

Yourke v. City & County SF

U.S. Court of Appeals for the Ninth Circuit

March 14, 2007

March 14, 2007

Docket

3:03-cv-03105

Docket (PACER)

Yourke v. San Francisco

July 2, 2012

July 2, 2012

Docket
67

3:03-cv-03105

Order [Regarding Motions for Summary Judgment]

Yourke v. San Francisco

Sept. 3, 2004

Sept. 3, 2004

Order/Opinion
96

3:03-cv-03105

Order and Stay

Yourke v. San Francisco

June 27, 2006

June 27, 2006

Order/Opinion
105

3:03-cv-03105

Order [Regarding Motion for Reconsideration]

Yourke v. San Francisco

Dec. 18, 2006

Dec. 18, 2006

Order/Opinion
131

3:03-cv-03105

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

Yourke v. San Francisco

Sept. 16, 2010

Sept. 16, 2010

Order/Opinion

2010 WL 3701789

132

3:03-cv-03105

Judgment

Yourke v. San Francisco

Sept. 16, 2010

Sept. 16, 2010

Order/Opinion
142

3:03-cv-03105

10-17368

Order [Ninth Circuit]

Yourke v. San Francisco

U.S. Court of Appeals for the Ninth Circuit

Dec. 3, 2010

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 April 6, 2025, 10:51 a.m.

ECF Number Date Description Link
1 July 2, 2003

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)

PACER
2 July 2, 2003

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)

PACER
4 Oct. 10, 2003

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

PACER
5 Oct. 10, 2003

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

PACER
3 Oct. 14, 2003

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

PACER
6 Oct. 14, 2003

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)

PACER
7 Oct. 22, 2003

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)

PACER
8 Oct. 24, 2003

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

PACER
9 Nov. 7, 2003

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

PACER
10 Nov. 10, 2003

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)

PACER
11 Nov. 13, 2003

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

PACER
12 Nov. 18, 2003

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)

PACER
13 Nov. 21, 2003

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)

PACER
15 Nov. 24, 2003

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)

PACER
14 Nov. 25, 2003

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)

PACER
Nov. 25, 2003

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

PACER
17 Dec. 1, 2003

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)

PACER
18 Dec. 2, 2003

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

PACER
19 Dec. 3, 2003

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)

PACER
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)

PACER
20 Feb. 5, 2004

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

PACER
21 Feb. 18, 2004

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)

PACER
22 March 11, 2004

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)

PACER
23 March 31, 2004

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)

PACER
24 March 31, 2004

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

PACER
25 April 1, 2004

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

PACER
26 April 1, 2004

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)

PACER
27 April 2, 2004

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)

PACER
28 April 2, 2004

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)

PACER
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)

PACER
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)

PACER
29 April 16, 2004

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)

PACER
30 April 16, 2004

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)

PACER
31 April 16, 2004

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)

PACER
33 April 28, 2004

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)

PACER
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)

PACER
34 April 29, 2004

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)

PACER
35 May 7, 2004

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)

PACER
36 May 13, 2004

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)

PACER
37 May 19, 2004

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

PACER
38 May 19, 2004

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)

PACER
39 May 20, 2004

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)

PACER
40 May 21, 2004

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)

PACER
41 June 4, 2004

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)

PACER
42 June 9, 2004

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)

PACER
44 June 25, 2004

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)

PACER
45 June 25, 2004

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)

PACER
43 June 28, 2004

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)

PACER
46 July 2, 2004

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)

PACER
47 July 12, 2004

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)

PACER
49 July 20, 2004

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)

PACER
50 July 23, 2004

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)

PACER
51 July 23, 2004

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)

PACER
52 July 23, 2004

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)

PACER
53 July 23, 2004

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)

PACER
54 July 23, 2004

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)

PACER
55 July 23, 2004

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)

PACER
56 July 23, 2004

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)

PACER
57 July 29, 2004

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)

PACER
Aug. 2, 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)

PACER
58 Aug. 12, 2004

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)

PACER
59 Aug. 12, 2004

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)

PACER
60 Aug. 13, 2004

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)

PACER
61 Aug. 13, 2004

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)

PACER
62 Aug. 20, 2004

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)

PACER
63 Aug. 20, 2004

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)

PACER
65 Aug. 20, 2004

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)

PACER
66 Sept. 3, 2004

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)

PACER
67 Sept. 3, 2004

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)

PACER
68 Sept. 10, 2004

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

PACER
69 Jan. 21, 2005

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

PACER
70 March 24, 2006

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)

PACER
71 March 28, 2006

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

PACER
72 March 28, 2006

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)

PACER
73 April 3, 2006

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

PACER
74 April 7, 2006

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)

PACER
75 April 7, 2006

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)

PACER
76 April 7, 2006

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)

PACER
78 April 14, 2006

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)

PACER
79 April 19, 2006

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)

PACER
80 April 20, 2006

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)

PACER
81 April 24, 2006

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

PACER
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)

PACER
82 May 19, 2006

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)

PACER
83 May 19, 2006

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)

PACER
84 May 19, 2006

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)

PACER
85 May 19, 2006

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)

PACER
86 May 31, 2006

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)

PACER
87 May 31, 2006

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)

PACER
88 June 2, 2006

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)

PACER
89 June 5, 2006

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)

PACER
90 June 9, 2006

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)

PACER
92 June 9, 2006

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)

PACER
93 June 15, 2006

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

PACER
94 June 19, 2006

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)

RECAP
95 June 23, 2006

Minute Entry: Motion Hearing held on 6/23/2006 before Charles R. Breyer (Date Filed: 6/23/2006) re 79 Cross MOTION for Summary Judgment filed by City &County of San Francisco,, Michael Hennessey,, Robert Gallot,, Richard Jones,, 84 Cross MOTION for Summary Judgment Defendants' AMENDED Cross Motion filed by City &County of San Francisco,, Michael Hennessey,, Robert Gallot,, 82 Third MOTION for Summary Judgment for Violation of Civil Rights filed by Steven R. Yourke,. (Court Reporter Belle Ball.) (be, COURT STAFF) (Date Filed: 6/23/2006) (Entered: 06/23/2006)

PACER
96 June 27, 2006

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)

RECAP
97 June 30, 2006

MOTION to Amend/Correct NOTICE OF MOTION &MOTION TO FILE SECOND AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS filed by Steven R. Yourke. Motion Hearing set for 8/4/2006 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Exhibit 1# 2 Proposed Order)(Burris, John) (Filed on 6/30/2006) (Entered: 06/30/2006)

PACER
98 July 14, 2006

Memorandum in Opposition DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Bonta, Robert) (Filed on 7/14/2006) (Entered: 07/14/2006)

PACER
99 July 14, 2006

Declaration of ROBERT A. BONTA IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed byCity &County of San Francisco, Michael Hennessey, Robert Gallot, Richard Jones. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Bonta, Robert) (Filed on 7/14/2006) (Entered: 07/14/2006)

PACER

Case Details

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

Other

City & County of San Francisco

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Other Dockets:

Northern District of California 3:03-cv-03105

U.S. Court of Appeals for the Ninth Circuit 06-16450

U.S. Court of Appeals for the Ninth Circuit 10-17368

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Search policies

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation