Case: Cuesta v. School Board of Miami Dade County

1:99-cv-00517 | U.S. District Court for the Southern District of Florida

Filed Date: Feb. 19, 1999

Closed Date: Oct. 18, 2000

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Case Summary

This case was filed on February 19, 1999, in the United States District Court for the Southern district of Florida, by a student who was arrested and strip searched for her association with the publication of a satirical student newspaper entitled "First Amendment." The newspaper was published anonymously and contained no attribution to any individual. After an investigation by the principle of the school, police were summoned to conduct interrogations of several identified students. These stud…

After an investigation by the principle of the school, police were summoned to conduct interrogations of several identified students. These students were arrested, the minors taken to a juvenile facility and the 18-year-olds incarcerated at TGK jail. They were charged with the misdemeanor violation of Fla. Stat. 836.11 which prohibits anonymous publication if it "tends to expose any religious group to hatred, contempt, ridicule or obloquy." The arresting officer enhanced each charge under Florida's "hate crime" statute, converting the misdemeanors into felonies.

The Miami Dade County's Department of corrections had a policy of strip searching felony arrestees upon booking. Plaintiff was subjected to a full strip and body cavity search. Ultimately, all charges were dismissed by the state attorney general's office, along with a public statement acknowledging that the statute under which the students were arrested is unconstitutional and unenforceable.

On April 18, 2000, the Court (Judge Ursula Ungaro-Benages) denied Plaintiff's motion for summary judgment against the County, finding that the strip search was not unreasonable, as it was conducted in the context of an arrest for a felony offense.

On October 18, 2000, the Court (Judge Ursula Ungaro-Benages) denied Plaintiff's motion for summary judgment against the school on grounds that she had failed to identify a sufficient policy, custom or decision of a final policymaker of the School Board that caused the alleged unconstitutional arrest and thereby permit the imposition of § 1983 liability.

On March 14, 2002, the United States Court of Appeals for the Eleventh Circuit affirmed the District Court's decision. 285 F.3rd 962 (11th Cir. 2002).

Summary Authors

Denise Heberle (3/20/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/41286987/parties/cuesta-v-school-board-miami/

Judge(s)

Bandstra, Ted E. (Florida)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Attorney for Plaintiff

Attorney for Defendant

Allen, James J. (Florida)

Bass, Patricia Dolores (Florida)

Judge(s)

Bandstra, Ted E. (Florida)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Kravitch, Phyllis A. (Georgia)

Ungaro, Ursula Mancusi (Florida)

Ungaro[-Benages], Ursula Mancusi (Florida)

Attorney for Plaintiff

Jonas, Valerie (Florida)

Waxman, Benjamin Samuel (Florida)

Wisotsky, Steven Jay (Florida)

Attorney for Defendant

Allen, James J. (Florida)

Bass, Patricia Dolores (Florida)

Douglas, Phyllis Ober (Florida)

Segura, Ana Isabel (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:99-cv-00517	Docket (PACER) Cuesta v. School Board Miami, et al	April 16, 2002	April 16, 2002 Docket
1 1:99-cv-00517	Complaint for Declaratory Relief and for Damages	Feb. 19, 1999	Feb. 19, 1999 Complaint
48 1:99-cv-00517	Order on Motion to Dismiss Plaintiff's Complaint as to the Miami-Dade County School Board	June 25, 1999	June 25, 1999 Order/Opinion
83 1:99-cv-00517	Order [Regarding Defendant Michael Alexander's Motion to Dismiss]	April 10, 2000	April 10, 2000 Order/Opinion
84 1:99-cv-00517	Omnibus Order	April 17, 2000	April 17, 2000 Order/Opinion
110 1:99-cv-00517	Omnibus Order	Oct. 18, 2000	Oct. 18, 2000 Order/Opinion 2000 WL 33174398
111 1:99-cv-00517	Final Judgment	Oct. 18, 2000	Oct. 18, 2000 Order/Opinion
00-16086	Appellate Decision U.S. Court of Appeals for the Eleventh Circuit	March 14, 2002	March 14, 2002 Order/Opinion 285 F.3d 962

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/41286987/cuesta-v-school-board-miami/

Last updated Sept. 22, 2026, 11:27 p.m.

Docket for: Cuesta v. School Board Miami

ECF Number	Date	Description	Link
1	Feb. 19, 1999	COMPLAINT filed; FILING FEE $150.00 RECEIPT # 705364; A-7; TEB (ra, Deputy Clerk) (Entered: 02/22/1999)	RECAP
	Feb. 19, 1999	Magistrate identification: Magistrate Judge Ted E. Bandstra (ra, Deputy Clerk) (Entered: 02/22/1999)	PACER
	Feb. 19, 1999	Magistrate identification: Magistrate Judge Ted E. Bandstra (ra, Deputy Clerk)
2	Feb. 25, 1999	SUMMONS(ES) issued for School Board Miami (tb, Deputy Clerk) (Entered: 03/01/1999)	RECAP
3	Feb. 25, 1999	SUMMONS(ES) issued for Miami Dade County (tb, Deputy Clerk) (Entered: 03/01/1999)	RECAP
4	Feb. 25, 1999	SUMMONS(ES) issued for Michael Alexander (tb, Deputy Clerk) (Entered: 03/01/1999)	RECAP
5	March 9, 1999	RETURN OF SERVICE executed for Michael Alexander on 3/1/99 Answer due on 3/21/99 for Michael Alexander (tb, Deputy Clerk) (Entered: 03/12/1999)	RECAP
6	March 9, 1999	RETURN OF SERVICE executed for Miami Dade County on 3/1/99 Answer due on 3/21/99 for Miami Dade County (tb, Deputy Clerk) (Entered: 03/12/1999)	RECAP
7	March 9, 1999	RETURN OF SERVICE executed for School Board Miami on 3/1/99 Answer due on 3/21/99 for School Board Miami (tb, Deputy Clerk) (Entered: 03/12/1999)	RECAP
8	March 17, 1999	MOTION with memorandum in support by School Board Miami to dismiss plaintiff's complaint (tb, Deputy Clerk) (Entered: 03/22/1999)	RECAP
9	March 17, 1999	MOTION with memorandum in support by Michael Alexander to dismiss complaint (tb, Deputy Clerk) (Entered: 03/22/1999)	RECAP
10	March 22, 1999	MOTION by Miami Dade County to extend time to respond to complaint (dg, Deputy Clerk) (Entered: 03/26/1999)	RECAP
11	March 23, 1999	PRETRIAL ORDER filed: Scheduling Conference deadline: 9:30 5/28/99 Scheduling Meeting Report due 5/18/99 ( signed by Judge Ursula Ungaro-Benages on 3/17/99) CCAP (dg, Deputy Clerk) (Entered: 03/26/1999)	RECAP
12	March 24, 1999	ORDER granting [10-1] motion to extend time to respond to complaint reset answer due for 4/6/99 for Miami Dade County ( signed by Judge Ursula Ungaro-Benages on 3/23/99) CCAP (dg, Deputy Clerk) (Entered: 03/26/1999)	RECAP
13	March 29, 1999	MOTION by Liliana Cuesta to extend time to respond to motions to dismiss of defendants Alexander and School Board (ra, Deputy Clerk) (Entered: 03/31/1999)	RECAP
14	March 31, 1999	ORDER granting [13-1] motion to extend time to respond to motions to dismiss of defendants Alexander and School Board ( signed by Judge Ursula Ungaro-Benages on 3/31/99) CCAP (tb, Deputy Clerk) (Entered: 04/07/1999)	RECAP
15	April 5, 1999	RESPONSE by Liliana Cuesta in opposition to [2-1] summons, [0-0] Magistrate (tb, Deputy Clerk) (Entered: 04/07/1999)	RECAP
16	April 5, 1999	MEMORANDUM by Liliana Cuesta in opposition to [9-1] motion to dismiss complaint (tb, Deputy Clerk) (Entered: 04/07/1999)	RECAP
17	April 6, 1999	MOTION with memorandum in support by Miami Dade County to dismiss plaintiff's complaint, and for summary judgment (tb, Deputy Clerk) (Entered: 04/09/1999)	RECAP
18	April 6, 1999	CONCISE Statement of undisputed material facts in support of motion for final summary judgment by Miami Dade County (tb, Deputy Clerk) (Entered: 04/09/1999)	RECAP
19	April 9, 1999	REPLY MEMORANDUM by Liliana Cuesta in support of [17-1] motion to dismiss plaintiff's complaint (tb, Deputy Clerk) (Entered: 04/13/1999)	RECAP
20	April 9, 1999	REPLY MEMORANDUM by Liliana Cuesta in support of [9-1] motion to dismiss complaint (tb, Deputy Clerk) (Entered: 04/13/1999)	RECAP
21	April 14, 1999	Notice of compliance with Florida Statute 86.091 and Local Rule by Liliana Cuesta with (tb, Deputy Clerk) (Entered: 04/15/1999)	RECAP
22	April 14, 1999	NOTICE of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade School by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/15/1999)	RECAP
23	April 16, 1999	NOTICE of filing attached return of service on Katherine Rundle Fernandez by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/20/1999)	RECAP
24	April 19, 1999	MEMORANDUM of law in response to plaintiff's notice of additional authorities by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/21/1999)	RECAP
25	April 19, 1999	MOTION with memorandum in support by School Board Miami, Michael Alexander for permission to respond to plaintiff's notice of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade County School Board (tb, Deputy Clerk) (Entered: 04/21/1999)	RECAP
26	April 19, 1999	CROSS MOTION with memorandum in support by Liliana Cuesta for summary judgment (tb, Deputy Clerk) (Entered: 04/21/1999)	RECAP
27	April 19, 1999	NOTICE of filing affidavit in support of motion for partial summary judgment by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/21/1999)	RECAP
28	April 19, 1999	AFFIDAVIT by Liliana Cuesta Re:Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/21/1999)	RECAP
29	April 21, 1999	ORDER granting [25-1] motion for permission to respond to plaintiff's notice of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade County School Board ( signed by Judge Ursula Ungaro-Benages on 4/20/99) CCAP (tb, Deputy Clerk) (Entered: 04/27/1999)	RECAP
30	April 27, 1999	RESPONSE by Liliana Cuesta in opposition to [17-1] motion to dismiss plaintiff's complaint, [17-2] motion for summary judgment (tb, Deputy Clerk) (Entered: 04/30/1999)	RECAP
31	May 3, 1999	UNOPPOSED MOTION by Miami Dade County to extend time to file response to plaintiff's motion for summary judgment (tb, Deputy Clerk) (Entered: 05/07/1999)	RECAP
32	May 10, 1999	MOTION by Miami Dade County to extend time to respond to motion for summary judgment (ra, Deputy Clerk) (Entered: 05/11/1999)	RECAP
33	May 10, 1999	ORDER granting [31-1] motion to extend time to file response to plaintiff's motion for summary judgment Response to motion reset to 5/10/99 for [26-1] motion for summary judgment (signed by Judge Ursula Ungaro-Benages on 5/10/99) CCAP (ra, Deputy Clerk) (Entered: 05/11/1999)	RECAP
34	May 12, 1999	ORDER granting [32-1] motion to extend time to respond to motion for summary judgment Response to motion reset to 5/17/99 for [26-1] motion for summary judgment ( signed by Judge Ursula Ungaro-Benages on 5/12/99) CCAP (tb, Deputy Clerk) (Entered: 05/14/1999)	RECAP
35	May 17, 1999	MOTION by Miami Dade County for leave to file oversize response to plaintiff's motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
36	May 17, 1999	RESPONSE by Miami Dade County to [26-1] motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
37	May 17, 1999	RESPONSE by Miami Dade County in support of [17-2] motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
38	May 17, 1999	NOTICE of filing attached documents by Miami Dade County (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
39	May 17, 1999	DEPOSITION of John Galardi (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
40	May 17, 1999	DEPOSITION of Michael Alexander (tb, Deputy Clerk) (Entered: 05/20/1999)	RECAP
41	May 19, 1999	INITIAL JOINT STATUS REPORT by Liliana Cuesta, School Board Miami, Michael Alexander, Miami Dade County (nt, Deputy Clerk) (Entered: 05/24/1999)	RECAP
41	May 19, 1999	Initial Joint Status and Scheduling Report of Scheduling Meeting by Liliana Cuesta, School Board Miami, Michael Alexander, Miami Dade County 5/18/99 (nt, Deputy Clerk) (Entered: 05/24/1999)	RECAP
42	May 19, 1999	ORDER granting [35-1] motion for leave to file oversize response to plaintiff's motion for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 5/19/99) CCAP [EOD Date: 5/27/99] (tb, Deputy Clerk) (Entered: 05/27/1999)	RECAP
43	May 25, 1999	REPLY by Liliana Cuesta to response to [26-1] motion for summary judgment (tb, Deputy Clerk) (Entered: 06/01/1999)	RECAP
44	May 25, 1999	NOTICE of filing supplemental affidavit in support of motion for partial summary judgment by Liliana Cuesta (tb, Deputy Clerk) (Entered: 06/01/1999)	RECAP
45	June 1, 1999	NOTICE of Unavailability by Liliana Cuesta (tb, Deputy Clerk) (Entered: 06/04/1999)	RECAP
46	June 16, 1999	MOTION by Liliana Cuesta for leave to file plaintiff's supplemental affidavit, or in the alternative to rule that the supplemental affidavit was authorized to be filed (tb, Deputy Clerk) (Entered: 06/17/1999)	RECAP
47	June 24, 1999	ORDER set scheduling conference for 1:30 7/23/99 before Judge Ursula Ungaro-Benages ( Signed by Judge Ursula Ungaro-Benages on 6/22/99) CCAP [EOD Date: 6/25/99] (tb, Deputy Clerk) (Entered: 06/25/1999)	RECAP
48	June 25, 1999	ORDER denying [17-1] motion to dismiss plaintiff's complaint ( Signed by Judge Ursula Ungaro-Benages on 6/24) CCAP [EOD Date: 6/29/99] (tb, Deputy Clerk) (Entered: 06/29/1999)	RECAP
49	July 1, 1999	Answer and affirmative defenses by School Board Miami (ra, Deputy Clerk) (Entered: 07/06/1999)	RECAP
50	July 1, 1999	STIPULATION by School Board Miami In Re: substitution of counsel, substituting Patricia D. Bass for Phyllis O. Douglas (ra, Deputy Clerk) (Entered: 07/06/1999)	RECAP
51	July 2, 1999	MEMORANDUM OF LAW IN RESPONSE by Miami Dade County to [46-1] motion for leave to file plaintiff's supplemental affidavit (ra, Deputy Clerk) (Entered: 07/09/1999)	RECAP
52	July 2, 1999	NOTICE of filing affidavit and copy of deposition (attached) by Miami Dade County (ra, Deputy Clerk) (Entered: 07/09/1999)	RECAP
53	July 6, 1999	ORDER granting [50-1] stipulation (Signed by Judge Ursula Ungaro-Benages on 7/2/99) CCAP [EOD Date: 7/12/99] (ra, Deputy Clerk) (Entered: 07/12/1999)	RECAP
54	July 12, 1999	RESPONSE by Liliana Cuesta in opposition to [46-1] motion for leave to file plaintiff's supplemental affidavit, [46-2] motion to rule that the supplemental affidavit was authorized to be filed (tb, Deputy Clerk) (Entered: 07/14/1999)	RECAP
55	July 27, 1999	ORDER set pretrial conference for 11:00 4/28/00 before Judge Ursula Ungaro-Benages, setting discovery deadline for 1/28/00, set motion filing deadline for 3/3/00, set pretrial stipulation due for 3/24/00, set calendar call for 1:00 5/10/00 before Judge Ursula Ungaro-Benages, set Jury trial for 9:00 5/15/00 before Judge Ursula Ungaro-Benages ( Signed by Judge Ursula Ungaro-Benages on 7/26/99) CCAP [EOD Date: 7/28/99] (tb, Deputy Clerk) (Entered: 07/28/1999)	RECAP
56	Aug. 4, 1999	MOTION by Miami Dade County to extend time to respond to plaintiff's fourth request for production of documents (tb, Deputy Clerk) (Entered: 08/06/1999)	RECAP
57	Aug. 6, 1999	ORDER granting [56-1] motion to extend time to respond to plaintiff's fourth request for production of documents; Miami Dade County shall serve its response on or before 8/25/99 ( Signed by Judge Ursula Ungaro-Benages on 8/6/99) CCAP [EOD Date: 8/12/99] (Former Deputy Clerk) (Entered: 08/12/1999)	RECAP
58	Sept. 29, 1999	NOTICE of attorney appearance as co-counsel for School Board Miami by Ana Isabel Segura (lk, Deputy Clerk) (Entered: 09/30/1999)	RECAP
59	Oct. 4, 1999	NOTICE of attorney appearance for School Board Miami, Michael Alexander by Ana Isabel Segura (tb, Deputy Clerk) (Entered: 10/05/1999)	RECAP
60	Oct. 6, 1999	OBJECTION TO subpoena by School Board Miami (tb, Deputy Clerk) (Entered: 10/07/1999)	RECAP
61	Nov. 8, 1999	NOTICE by Liliana Cuesta to take deposition of Principal Timothy Dawson 11/19/99 at 10:00 (tb, Deputy Clerk) (Entered: 11/09/1999)	RECAP
62	Nov. 9, 1999	NOTICE of attorney appearance for School Board Miami, Michael Alexander, Miami Dade County by Ana I. Segura (tb, Deputy Clerk) (Entered: 11/10/1999)	RECAP
63	Jan. 18, 2000	MOTION with memorandum in support by Liliana Cuesta to extend time all pretrial and trial deadline pending ruling on summary judgment issues, and for status conference prior to 1/28/00, and to toll pretrial scheduling owner during pendency of this motion (tb, Deputy Clerk) (Entered: 01/19/2000)	RECAP
64	Jan. 26, 2000	ORDER granting [63-1] motion to extend time all pretrial and trial deadline pending ruling on summary judgment issues, denying [63-2] motion for status conference prior to 1/28/00 ( Signed by Judge Ursula Ungaro-Benages on 1/26/00) CCAP [EOD Date: 1/27/00] (tb, Deputy Clerk) (Entered: 01/27/2000)	RECAP
65	Feb. 29, 2000	NOTICE of filing exhibits in support of motion for partial summary judgment against Miami Dade School Board by Liliana Cuesta (tb, Deputy Clerk) (Entered: 03/01/2000)	RECAP
66	Feb. 29, 2000	MOTION with memorandum in support by Liliana Cuesta for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 03/01/2000)	RECAP
67	March 14, 2000	UNOPPOSED MOTION with memorandum in support by School Board Miami, Michael Alexander to extend time to file defendants' opposition to Plaintiff's Motion for Summary Judgment and to file defendants' cross motion for summary judgment (Former Deputy Clerk) (Entered: 03/15/2000)	RECAP
68	March 15, 2000	ORDER granting [67-1] motion to extend time to file defendants' opposition to Plaintiff's Motion for Summary Judgment and to file defendants' cross motion for summary judgment Response to motion reset to 4/3/00 for [26-1] motion for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 3/15/00) CCAP [EOD Date: 3/16/00] (dg, Deputy Clerk) (Entered: 03/16/2000)	RECAP
69	April 3, 2000	NOTICE of filing depositions in support of their motion for final summary judgment by School Board Miami (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
70	April 3, 2000	DEPOSITION of John Galardi (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
71	April 3, 2000	DEPOSITION of Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
72	April 3, 2000	DEPOSITION of Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
73	April 3, 2000	RESPONSE by School Board Miami, Michael Alexander in opposition to [66-1] motion for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
74	April 3, 2000	Statement of disputed facts in opposition to plaintiff's motion for partial summary judgment by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
75	April 3, 2000	MOTION by School Board Miami, Michael Alexander for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
76	April 3, 2000	Statement of undisputed facts in support of their motion for summary final judgment by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
77	April 3, 2000	MEMORANDUM by School Board Miami, Michael Alexander in support of [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
78	April 3, 2000	AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
79	April 3, 2000	AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
80	April 3, 2000	AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
81	April 3, 2000	AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)	RECAP
82	April 5, 2000	AMENDED NOTICE of filing depositions in support of their motion for final summary judgment by School Board Miami (tb, Deputy Clerk) (Entered: 04/06/2000)	RECAP
83	April 10, 2000	ORDER granting [9-1] motion to dismiss complaint as to defendant Alexander ( Signed by Judge Ursula Ungaro-Benages on 4/10/00) CCAP [EOD Date: 4/11/00] (tb, Deputy Clerk) (Entered: 04/11/2000)	RECAP
84	April 17, 2000	ORDER denying [8-1] motion to dismiss plaintiff's complaint denying [26-1] motion for summary judgment granting [46-1] motion for leave to file plaintiff's supplemental affidavit ( Signed by Judge Ursula Ungaro-Benages on 4/14/00) CCAP [EOD Date: 4/18/00] (tb, Deputy Clerk) (Entered: 04/18/2000)	RECAP
85	April 17, 2000	MOTION by Liliana Cuesta to extend time for plaintiff and School Board to respond to pending motions for summary judgment (tb, Deputy Clerk) (Entered: 04/18/2000)	RECAP
86	April 18, 2000	ORDER granting [85-1] motion to extend time for plaintiff and School Board to respond to pending motions for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 4/18/00) CCAP [EOD Date: 4/19/00] (tb, Deputy Clerk) (Entered: 04/19/2000)	RECAP
87	April 28, 2000	ORDER setting discovery deadline for 7/24/00, reset pretrial conference for 11:00 8/25/00 before Judge Ursula Ungaro-Benages, reset calendar call for 1:00 9/20/00 before Judge Ursula Ungaro-Benages, reset Jury trial for 9:00 9/25/00 before Judge Ursula Ungaro-Benages ( Signed by Judge Ursula Ungaro-Benages on 4/25/00) CCAP [EOD Date: 5/1/00] (tb, Deputy Clerk) (Entered: 05/01/2000)	RECAP
88	May 5, 2000	REPLY by Liliana Cuesta to response to [66-1] motion for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
89	May 5, 2000	RESPONSE by Liliana Cuesta in opposition to [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
90	May 5, 2000	MOTION with memorandum in support by Liliana Cuesta to strike [76-1] Statement of (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
91	May 5, 2000	MOTION with memorandum in support by Liliana Cuesta to strike [76-1] Statement of (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
92	May 5, 2000	MOTION with memorandum in support by Liliana Cuesta to strike [79-1] affidavit (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
93	May 5, 2000	MOTION with memorandum in support by Liliana Cuesta to strike [81-1] affidavit (tb, Deputy Clerk) (Entered: 05/05/2000)	RECAP
94	May 22, 2000	RESPONSE by School Board Miami in opposition to plaintiff's motion to strike affidavit of Charles Ewing (tb, Deputy Clerk) (Entered: 05/22/2000)	RECAP
95	May 22, 2000	MOTION by Liliana Cuesta for Hearing on pending motions (tb, Deputy Clerk) (Entered: 05/23/2000)	RECAP
96	May 22, 2000	OPPOSITION by School Board Miami [93-1] motion to strike [81-1] affidavit of Timothy Dawson (nt, Deputy Clerk) (Entered: 05/23/2000)	RECAP
97	May 22, 2000	OPPOSITION by School Board Miami to [91-1] motion to strike [76-1] Statement of Undisputed Facts (nt, Deputy Clerk) (Entered: 05/23/2000)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: Feb. 19, 1999

Closing Date: Oct. 18, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

18-year-old female high school student who helped to distribute copies of an anonymous pamphlet at school with contained material about violence against the school's principal. She was subsequently arrested and strip-searched.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Miami Dade County

Miami Dade County Department of Corrections

School District

School Board of Miami Dade County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Southern District of Florida 1:99-cv-00517

U.S. Court of Appeals for the Eleventh Circuit 00-16086

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Strip search policy (facilities)

Recommended Citation

Case Summary of Cuesta v. School Board of Miami Dade County, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/9960/ (last updated 3/20/2012).