Case: Allen v. Wyandotte County Board of Commissioners

2:90-cv-02059 | U.S. District Court for the District of Kansas

Filed Date: March 9, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On March 9, 1990, Plaintiff filed an amended complaint in this strip search case in the United States District Court of Kansas. The plaintiff claimed she was unlawfully detained and strip searched after having been arrested for driving with a suspended license.

The District Court (Chief Judge Earl E. O'Connor) initially denied motions for summary judgment by both parties, on grounds that the defendant officer denied the search ever took place. Just before the case was set to go to trial, the Court ruled on various other motions for summary judgment in favor of defendants, and the case was dismissed.

Summary Authors

Denise Heberle (4/9/2012)

People


Judge(s)

O'Connor, Earl Eugene (Kansas)

Attorneys(s) for Plaintiff

Beach, Douglas C. (Virgin Islands)

Attorneys(s) for Defendant

Doherty, Stephen P. (Missouri)

Duma, John M. (Kansas)

Fitzgerald, William T. (Texas)

Gurney, Paul C. (Kansas)

Hutson, Catherine R. (Kansas)

Maher, Gregory F. (Kansas)

McFadden, John C. (Kansas)

Sutherland, Thomas M. (Kansas)

Judge(s)

O'Connor, Earl Eugene (Kansas)

Attorneys(s) for Plaintiff

Beach, Douglas C. (Virgin Islands)

Attorneys(s) for Defendant

Doherty, Stephen P. (Missouri)

Duma, John M. (Kansas)

Fitzgerald, William T. (Texas)

Gurney, Paul C. (Kansas)

Hutson, Catherine R. (Kansas)

Maher, Gregory F. (Kansas)

McFadden, John C. (Kansas)

Sutherland, Thomas M. (Kansas)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 27, 1991 Docket
41

Memorandum and Order [Granting Defendants' Motions to Dismiss Punitive Damages Claim and to Dismiss Some Defendants]

1990 WL 254978, 1990 U.S.Dist.LEXIS 17814

Dec. 7, 1990 Order/Opinion
71

Memorandum and Order [Granting in Part Defendant's Motion for Summary Judgment]

773 F.Supp. 1442

Aug. 2, 1991 Order/Opinion
72

Memorandum and Order [Denying Plaintiff's Motion for Partial Summary Judgment]

1991 WL 183554, 1991 U.S.Dist.LEXIS 12984

Aug. 6, 1991 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
5

AMENDED COMPLAINT [1-1] w/designation of place of trial - by plaintiff Sarah L Allen; adding Joan Grogan, Roger Riley, Theodore Robinson (ICMSUSER) (Entered: 08/24/1990)

March 9, 1990
13

MOTION by defendant Wyandotte Bd Comr to dismiss referred back to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 08/24/1990)

April 2, 1990
14

MEMORANDUM/BRIEF in support by defendant Wyandotte Bd Comr re: [13-1] of motion to dismiss referred back to Chief Judge Earl E. O'Connor [13-1] (ICMSUSER) (Entered: 08/24/1990)

April 2, 1990
15

MEMORANDUM/BRIEF in opposition by plaintiff Sarah L Allen to re: [13-1] motion to dismiss referred back to Chief Judge Earl E. O'Connor [13-1] (ICMSUSER) (Entered: 08/24/1990)

April 2, 1990
28

SCHEDULING ORDER ENTERED: Magistrate Gerald L. Rushfelt ; Pretrial Conference set for 10:00 12/18/90 ; Discovery ddl set for 12/15/90 ;Dispositive Mtn ddl 1/15/91 (cc: all counsel) (ICMSUSER) (Entered: 08/24/1990)

Aug. 15, 1990
1

COMPLAINT w/designation of place of trial - Kansas City; with Jury demand. Summons(es) issued ( case referred to Magistrate Gerald L. Rushfelt ) (ICMSUSER) (Entered: 08/24/1990)

Aug. 24, 1990
29

MOTION by defendants State of Kansas, Regents KS Board of, University of Kansas, B D Harrelson, Sandy Omtvedt to dismiss referred back to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 09/28/1990)

Sept. 28, 1990
30

MOTION by plaintiff to extend time to respond to motion to dismiss of defts. State of KS., et al. referred back to Chief Judge Earl E. O'Connor (LS) (Entered: 10/22/1990)

Oct. 19, 1990
31

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time to respond to motion to dismiss of defts. State of KS., et al. [30-1] to 11-21-90. (cc: pltf's counsel) (LS) (Entered: 10/24/1990)

Oct. 23, 1990
33

WITNESS AND EXHIBIT LIST submitted by defendant Wyandotte Bd Comr (LS) (Entered: 11/19/1990)

Nov. 15, 1990
34

WITNESS AND EXHIBIT LIST submitted by defendant University of Kansas, defendant B D Harrelson, defendant Sandy Omtvedt (LS) (Entered: 11/19/1990)

Nov. 19, 1990
35

WITNESS LIST submitted by plaintiff (LS) (Entered: 11/19/1990)

Nov. 19, 1990
36

EXHIBIT list by plaintiff (LS) (Entered: 11/19/1990)

Nov. 19, 1990
37

MOTION to extend discovery and continue pretrial conference referred to Magistrate Gerald L. Rushfelt (ICMSUSER) (Entered: 12/04/1990)

Nov. 30, 1990
38

AMENDED WITNESS LIST submitted by plaintiff (ICMSUSER) (Entered: 12/04/1990)

Nov. 30, 1990
39

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting in part and denied in part motion to extend discovery and continue pretrial conference referred to Magistrate Gerald L. Rushfelt [37-1] ; Discovery ddl extended to 1/30/91, otherwise mtn is overruled (cc: all counsel) (ICMSUSER) (Entered: 12/07/1990)

Dec. 3, 1990
41

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting motion to dismiss as to punitivie damages in Count I and II-IV and denying in all other respects. [13-1] 11 pages (cc: all counsel) (LS) (Entered: 12/12/1990)

Dec. 7, 1990
40

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting motion to extend discovery until 1/30/91 and continue pretrial conference, date to be set at later time; referred to Magistrate Gerald L. Rushfelt [37-1] (ICMSUSER) (Entered: 12/12/1990)

Dec. 10, 1990
42

ORDER ENTERED: by Chief Judge Earl E. O'Connor re [41-1] Clerk directed to replace original front page to correct typo. (cc: all counsel) (LS) (Entered: 12/12/1990)

Dec. 11, 1990
43

ORDER ENTERED: by Magistrate Gerald L. Rushfelt: Pretrial conference continued to 2-12-91 at 2pm (cc: all counsel) (LS) (Entered: 12/18/1990)

Dec. 14, 1990
44

CERTIFICATE of SVC of 1st req for prod of documents by plaintiff (ICMSUSER) (Entered: 12/26/1990)

Dec. 24, 1990
45

MOTION by Owen L Sully, Wyandotte Cty SD, Joan Grogan, Roger Riley to modify scheduling order (LS) (Entered: 01/09/1991)

Jan. 7, 1991
46

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting motion to modify scheduling order [45-1] Dispositive MTN ddl 3-11-91 (cc: all counsel) (LS) (Entered: 01/30/1991)

Jan. 28, 1991
47

MINUTE SHEET: KCK-GLR: - Discovery ddl satisfied; Dispositive MTN ddl 4/11/91; Pretrial conference completed; ETT 4 days; trial by jury; prospects of settlement, poor (LS) Modified on 02/13/1991 (Entered: 02/13/1991)

Feb. 12, 1991
49

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation [48-1] dismissing party Sandy Omtvedt, party B D Harrelson, party University of Kansas, party Regents KS Board of, party State of Kansas without prejudice, each party to pay own costs (cc: all counsel) (LS) (Entered: 02/28/1991)

Feb. 25, 1991
50

PRE-TRIAL ORDER ENTERED by Chief Judge Earl E. O'Connor: Terminating case referral of Magistrate Judge Gerald L. Rushfelt ETT: 4 days. Prospects for settlement are poor. Case ready for trial after 4-11-91 (cc: all counsel) (LS) (Entered: 04/10/1991)

April 10, 1991
51

MOTION by defendant for summary judgment (ICMSUSER) (Entered: 04/12/1991)

April 11, 1991
52

MEMORANDUM in support by defendant re: motion for summary judgment [51-1] with exhibits EXPANSION FOLDER (ICMSUSER) (Entered: 04/12/1991)

April 11, 1991
53

MOTION by plaintiff for partial summary judgment (ICMSUSER) (Entered: 04/12/1991)

April 11, 1991
54

MEMORANDUM in support by plaintiff re: motion for partial summary judgment [53-1] with attachments EXPANSION FOLDER (ICMSUSER) (Entered: 04/12/1991)

April 11, 1991
55

STIPULATION for partial dismissal by defendant Wyandotte Bd Comr (KM) (Entered: 04/30/1991)

April 29, 1991
56

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation [55-1] dismissing only party Wyandotte Bd Comr with prejudice (cc: all counsel) (KM) (Entered: 04/30/1991)

April 29, 1991
57

MOTION by plaintiff, defendant to extend time till 5/8/91 to file responses to motions to summary judgment; referred to Chief Judge Earl E. O'Connor (KM) (Entered: 05/08/1991)

May 7, 1991
58

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time till 5/8/91 to file responses to motions to summary judgment [57-1] (cc: all counsel) (KM) (Entered: 05/08/1991)

May 7, 1991
59

MEMORANDUM in opposition by Wyandotte Bd Comr, Owen L Sully, Joan Grogan, Roger Riley, Theodore Robinson re: motion for summary judgment [51-1] (KM) (Entered: 05/08/1991)

May 8, 1991
60

RESPONSE by plaintiff re: memorandum of deft. in support of motion for summary judgment [52-1] (KM) (Entered: 05/09/1991)

May 8, 1991
61

MOTION by plaintiff Sarah L Allen for hearing on motions for summary judgment (KM) (Entered: 05/15/1991)

May 15, 1991
62

REPLY by defendant re: response of ptlf. to deft.'s memorandum in support of motion for summary judgment [60-1] (KM) (Entered: 05/16/1991)

May 15, 1991
64

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time for one day till 5/22/91 to file reply to deft.'s memorandum on opposition to pltf.'s motion for summary judgment referred to Chief Judge Earl E. O'Connor [63-1] (cc: all counsel) (KM) (Entered: 05/22/1991)

May 22, 1991
65

REPLY by plaintiff Sarah L Allen re: memorandum in opposition to pltf.'s motion for summary judgment [59-1] (KM) (Entered: 05/22/1991)

May 22, 1991
66

NOTICE of hearing Jury trial set for case #6 on 8/5/91 at 10:00 AM before EEO (cc: all counsel) (ICMSUSER) (Entered: 07/15/1991)

July 11, 1991
67

ATTORNEY APPEARANCE for Owen L Sully, Wyandotte Cty SD, Joan Grogan, Roger Riley, Theodore Robinson by Gregory F. Maher, Stephen P. Doherty (KM) (Entered: 07/16/1991)

July 15, 1991
68

MOTION by plaintiff to continue trial referred to Chief Judge Earl E. O'Connor (LS) (Entered: 07/30/1991)

July 29, 1991
69

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to continue trial [68-1] Jury trial continued from 8-5-91 docket (cc: all counsel) (LS) (Entered: 07/30/1991)

July 29, 1991
70

MOTION by plaintiff for special trial setting referred to Chief Judge Earl E. O'Connor (LS) (Entered: 07/30/1991)

July 29, 1991
71

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting in part and denying in part motion for summary judgment [51-1] denying motion for hearing on motions for summary judgment [61-1] It is therefore ordered that the summary judgment motion of defendants as to pltf.'s claim that the duration of her detainment consituted an unreasonable seizure in violation of the Fourth Amendment is hereby granted. It is further ordered that deft.'s motion for summary judgment as to all claims against the "Wyandotte County Sheriff's Dept" as an entity is granted. It is further ordered that the summary judgment motion of defts. Sully, Riley and Robinson as to pltf.'s remaining claim under 42 U.S.C. 1983 is granted. It is further ordered that defendants' motion for summary judgment as to pltf.'s common law claims of battery, false imprisonment, negligent imprisonment, negligence per se and negligent training, supervision and adoption of policies is granted. Defendants' summary judgment motion as to pltf.'s request for punitive damages in Counts II, III and IV is granted. It is further ordered that the motion of defts. for summary judgment is hereby denied as to pltf.'s section 1983 claim against deft. Joan A. Grogan, alleging a strip search conducted under color of state law deprived pltf. of her Fourth and Fourteenth Amendment rights to be secure in her person against reasonable searches. 29 pages (cc: all counsel) (KM) (Entered: 08/02/1991)

Aug. 1, 1991
72

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting motion for summary judgment [51-1] denying motion for partial summary judgment [53-1] denying motion for hearing on motions for summary judgment [61-1] Defendant's motion for summary judgment as to all claims against the "Wyandotte County Sheriff's Department" as an entity is GRANTED. 12 pages (cc: all counsel) (KM) (Entered: 08/07/1991)

Aug. 6, 1991
73

NOTICE of Civil Jury Trial Setting Jury trial scheduled for trial calendar of 10/7/91 at 10:00am as case #2 (cc: all counsel) (KM) (Entered: 09/17/1991)

Sept. 16, 1991
74

MOTION by plaintiff for leave to file mtn in limine out of time, referred to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 10/02/1991)

Sept. 30, 1991
75

MOTION by plaintiff in limine referred to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 10/03/1991)

Oct. 2, 1991
76

JOINT STIPULATION for dismissal by Sarah L Allen, Joan Grogan (KM) Modified on 12/27/1991 (Entered: 11/04/1991)

Nov. 1, 1991
77

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation for dismissal [76-1] dismissing party Joan Grogan with prejudice, each party to bear own costs (cc: all counsel) (KM) (Entered: 11/04/1991)

Nov. 4, 1991
78

JUDGMENT ENTERED BY THE CLERK: re: Memorandum and Order of 8/1/91 [71-1] Pursuant to the Memorandum and Order of 8/1/91, defendants Wyandotte County Sheriff's Department, Owen L. Sully, Roger C. Riley and Theodore Robinson's motions for summary judgment are GRANTED. Plaintiff to take nothing and the action is dismissed on the merits. Defendants to recovery of plaintiff their costs of action (cc: all counsel) (KM) (Entered: 12/27/1991)

Dec. 27, 1991

State / Territory: Kansas

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 9, 1990

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman strip-searched by officers at the Kansas University Medical Center after having been arrested for driving on a suspended license and with expired tags.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wyandotte County Board of Commissioners (Wyandotte), County

Wyandotte County Sherrif's Department (Wyandotte), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run