Case: Kaufman v. Rivera

1:95-cv-05667 | U.S. District Court for the Southern District of New York

Filed Date: July 31, 1995

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 31, 1995, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the City of New York in the United States Court for the Southern District of New York, Foley Square. Plaintiff, represented by private counsel, alleged that her Fourth, Fifth, and Fourteenth Amendment rights had been violated. Specifically, plaintiff claims that detention by courthouse personnel and a strip search in a semi-private bathroom violated her constitutional rights. On August 1, 1994, plaintiff, a landlord's…

On July 31, 1995, Plaintiff filed this lawsuit under 42 U.S.C. § 1983 against the City of New York in the United States Court for the Southern District of New York, Foley Square. Plaintiff, represented by private counsel, alleged that her Fourth, Fifth, and Fourteenth Amendment rights had been violated. Specifically, plaintiff claims that detention by courthouse personnel and a strip search in a semi-private bathroom violated her constitutional rights.

On August 1, 1994, plaintiff, a landlord's attorney, was at Housing Court in the Bronx. Plaintiff grew impatient and repeatedly petitioned the Court for an immediate decision in her case, at which point the court officers handcuffed her. After holding her for two hours they released her, and she returned to the courtroom to address the court. She was then arrested and brought to a 'semi-private' bathroom and strip-searched. She was then arrested, taken to the criminal court, and released without being held.

On October 7, 1996, the Court (Judge John Keenan) denied the Defendant's motion to dismiss, finding that if the plaintiff's allegations were true, it would constitute unlawful imprisonment and an unreasonable search.

On April 20th, 1998, the case went to trial. The jury found that a search had occurred, but that it was objectively reasonable. They awarded the plaintiff nominal damages. The Court denied a motion for new trial on the issue of damages only on June 12, 1998. Plaintiff appealed.

On April 1, 1999, in a per curiam opinion, the Court of Appeals for the Second Circuit (Judge Joseph McLaughlin, Judge Damon Keith, Judge John Walker) affirmed the jury's verdict and the denial of the motion for a new trial on the issue of damages. The case was closed.

Summary Authors

Blase Kearney (5/7/2012)

People


Judge(s)

Keenan, John Fontaine (New York)

Keith, Damon Jerome (Michigan)

McLaughlin, Joseph Michael (New York)

Attorney for Plaintiff
Attorney for Defendant

Hueston, Michael Oliver (New York)

Levy, Mindy A. (New York)

Judge(s)

Keenan, John Fontaine (New York)

Keith, Damon Jerome (Michigan)

McLaughlin, Joseph Michael (New York)

Pitman, Henry B. (New York)

Walker, John Mercer Jr. (New York)

show all people

Documents in the Clearinghouse

Document

1:95-cv-05667

Docket [PACER]

Kaufman v. U.C.O. Rivera, et al

April 26, 1999

April 26, 1999

Docket

98-07888

Docket [PACER - 2nd Cir.]

Kaufman v. Rivera, et al

U.S. Court of Appeals for the Second Circuit

April 27, 1999

April 27, 1999

Docket
9

1:95-cv-05667

Opinion and Order

Oct. 7, 1996

Oct. 7, 1996

Order/Opinion

1996 WL 1996

38

1:95-cv-05667

Memorandum Opinion and Order

June 12, 1998

June 12, 1998

Order/Opinion

1998 WL 1998

98-07888

Opinion

U.S. Court of Appeals for the Second Circuit

April 1, 1999

April 1, 1999

Order/Opinion

173 F.3d 173

Docket

Last updated March 1, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 243608 (mb) (Entered: 08/02/1995)

July 31, 1995

July 31, 1995

It is suggested that the case be classified as standard. Magistrate Judge Gershon is so Designated. (mb) (Entered: 08/02/1995)

July 31, 1995

July 31, 1995

3

Affidavit of service of Summons and Complaint as to Gloria Torres by personal service on 8/24/95 (pl) (Entered: 09/14/1995)

Sept. 5, 1995

Sept. 5, 1995

2

Filed Memo_Endorsement on letter dated 8/18/95, answer due for 11/1/95 for Jane Poes, for Gloria Torres, for Carlos Rivera Jr., for U.C.O. John Does ( signed by Judge John F. Keenan ) (cd) (Entered: 09/13/1995)

Sept. 7, 1995

Sept. 7, 1995

4

Filed Memo_Endorsement on letter form Mindy A. Levy dated 10/31/95, ... requests that the pre-trial conference set for November 9, 1995 be adjourned pending a decision on defendants' motion to dismiss.. MS. LEVY IS DIRECTED TO NOTIFY ALL PARTIES THAT THE CONFEREENCE IS CANCELLED. SO ORDERED.( signed by Judge John F. Keenan ) (djc) (Entered: 11/15/1995)

Nov. 3, 1995

Nov. 3, 1995

5

NOTICE OF MOTION by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes for judgment on the pleadings pursuant to Rule 12(b) FRCP , Return date 11/22/95 (rag) (Entered: 11/17/1995)

Nov. 3, 1995

Nov. 3, 1995

6

MEMORANDUM by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes in support of [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP (rag) (Entered: 11/17/1995)

Nov. 3, 1995

Nov. 3, 1995

7

MEMORANDUM OF LAW by Stacy Kaufman in opposition to [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP (ae) (Entered: 12/15/1995)

Dec. 12, 1995

Dec. 12, 1995

8

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Pitman. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Daniel R. Williams, Jonathan C. Moore . (ba) (Entered: 08/12/1996)

Aug. 5, 1996

Aug. 5, 1996

9

OPINION AND ORDER # 77417 denying [5-1] motion for judgment on the pleadings pursuant to Rule 12(b) FRCP....So Ordered...( Signed by Judge John F. Keenan ); Copies mailed. (pl) (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

10

ANSWER to Complaint by Carlos Rivera Jr., Gloria Torres (Attorney Michael Oliver Hueston), ; Firm of: Dennis C. Vacco by attorney Michael Oliver Hueston (ls) (Entered: 10/31/1996)

Oct. 31, 1996

Oct. 31, 1996

11

ORDER, the parties are to complete discovery in this case by 7/25/97 , set pretrial conference for 9:45 a.m. 7/29/97. Mag-Judge Pitman will handle any discovery disputes between the parties. ( signed by Judge John F. Keenan ); Copies mailed (kg) (Entered: 04/14/1997)

April 14, 1997

April 14, 1997

13

SCHEDULING ORDER: discovery cutoff is 8/15/97; further extensions will not be granted except for extraordinary cause shown by affidavit; pretrial order to be submitted on or before 9/19/97; ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed (kw) (Entered: 07/18/1997)

July 16, 1997

July 16, 1997

14

Filed Memo-Endorsement on letter by Jonathan C. Moore dated 9/16/97, reset pretrial conference for 9:45 a.m. 9/30/97. The Court will address the issue of submission of a pre-trial order and a ready for trial date at that time (signed by Judge F. Keenan) (pl) (Entered: 09/23/1997)

Sept. 22, 1997

Sept. 22, 1997

15

Filed Memo-Endorsement on letter by Michael O. Hueston to Judge Keenan dated 10/23/97, in light of Plaintiff's counsel's 11/24/97 letter indicating no objection to this request, the Court directs that discovery may be reopened for the limited purpose of obtaining the criminal file of the Plaintiff in the case of The People of the State of New York v. Kaufman ( signed by Judge John F. Keenan ). (ae) (Entered: 12/02/1997)

Dec. 1, 1997

Dec. 1, 1997

16

Filed Memo-Endorsement on letter addressed to Judge Keenan from Michael O. Hueston dated 12/26/97, reset joint pretrial order due for 1/5/98 (signed by Judge John F. Keenan). (kg) (Entered: 12/30/1997)

Dec. 30, 1997

Dec. 30, 1997

39

JOINT PRETRIAL ORDER (sac) (Entered: 06/16/1998)

Jan. 5, 1998

Jan. 5, 1998

17

Proposed Voir dire questions by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes (cd) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

18

DEFTS' PRRETRIAL MEMORANDUM (cd) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

19

ORDER; the Court sets this matter down for a firm trial date of 4/15/98 at 10:00 a.m. All voir dire requests are to be submitted to the Court by 4/8/98 ( signed by Judge John F. Keenan ); Copies mailed (sac) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

20

Filed Memo-Endorsement on letter to Judge Keenan from Michael O. Hueston dated 3/23/98; counsel for defts advises the Court that although he does not object to pltff's request to adjourn trial from 4/15/98 to a time no sooner than 4/29/98, he cannot be available the week of 4/27/98. The firm trial date remains 4/15/98. Mr. Hueston is directed to inform all parties of this order ; ( signed by Judge John F. Keenan ) (ls) (Entered: 03/26/1998)

March 25, 1998

March 25, 1998

21

TRIAL MEMORANDUM of LAW by Stacy Kaufman (djc) (Entered: 04/01/1998)

March 26, 1998

March 26, 1998

22

Plaintiff's Proposed Jury instructions (djc) (Entered: 04/01/1998)

March 26, 1998

March 26, 1998

23

Proposed Voir dire questions by Stacy Kaufman (djc) (Entered: 04/01/1998)

March 26, 1998

March 26, 1998

24

Plaintiff's Amended Proposed Jury instructions No. 13 (djc) (Entered: 04/14/1998)

April 10, 1998

April 10, 1998

Jury trial began on 4/15/98 before Judge Keenan. (sac) (Entered: 04/23/1998)

April 15, 1998

April 15, 1998

Jury trial held before Judge Keenan on 4/16/98. (sac) (Entered: 04/23/1998)

April 16, 1998

April 16, 1998

25

Pltff's Proposed Jury Interrogatories (ls) (Entered: 04/21/1998)

April 20, 1998

April 20, 1998

26

Pltff's Proposed Amended Jury Instruction No. 14 (ls) (Entered: 04/21/1998)

April 20, 1998

April 20, 1998

27

MEMORANDUM OF LAW by Stacy Kaufman in support of pltff's motion for jdgmt. as a mater of law purs. to F.R.C.P. 50 (ls) (Entered: 04/21/1998)

April 20, 1998

April 20, 1998

28

Affidavit of service of a copy of the Pltff's Amended Proposed Jury Insturction No. 14, Pltff's Memorandum Of Law In Support Of Pltff's Motion For Jdgmt. As A Matter Of Law Purs. to F.R.C.P. 50, and Pltff's Proposed Jury Interrog's., by hand delivery upon Michael O. Hueston, Office of the Attny. General of the State of N.Y., 120 Bdwy., New York, N.Y. on 4/20/98 (ls) (Entered: 04/21/1998)

April 20, 1998

April 20, 1998

Jury trial held before Judge Keenan on 4/20/98. (sac) (Entered: 04/23/1998)

April 20, 1998

April 20, 1998

Jury trial concluded on 4/21/98. Court dismisses complaint as to defts: John Does and Jane Doe (sac) (Entered: 04/23/1998)

April 21, 1998

April 21, 1998

29

MEMORANDUM of LAW by Stacy Kaufman in support of Plaintiff's Motion for Judgment as a Matter of Law Pursuant to FRCP 50 (djc) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

30

Proposed Voir dire questions by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes (ls) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

31

TRIAL MEMORANDUM OF LAW by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes on the Doctrine of Qualified Immunity (ae) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

32

Court exhibit #1 - Jury Selection Procedure (ae) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

33

Plntf's Jury instructions (cd) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

34

Plaintiff's proposed jury instructions. (kw) (Entered: 04/23/1998)

April 23, 1998

April 23, 1998

35

JUDGMENT, is rendered in favor of defts and the Court directs that this case be closed and removed from the Court's docket ( signed by Judge John F. Keenan ); Mailed copies and notice of right to appeal. (cd) Modified on 04/28/1998 (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

Case closed (cd) (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

42

MEMORANDUM OF LAW by Stacy Kaufman re: The Applicability and Handling of the Doctrine of Qualified Immunity. (rag) (Entered: 07/10/1998)

April 23, 1998

April 23, 1998

36

NOTICE OF MOTION by Stacy Kaufman; for an order entering judgment in favor of the plaintiff as a matter of law upon her cause of action against defendant Sgt. Gloria Torres, pursuant to FRCP 50(a) ; for a new trial on the issue of damages only, pursuant to FRCP 50(b) ; or in the alternative, for an order granting plaintiff a new trial on the issue of whether the doctrine of qualified immunity applies in this case, pursuant to FRCP 50(b) , Return date 5/5/98 (ae) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

37

REPLY MEMORANDUM by Stacy Kaufman re: [36-1] motion for an order entering judgment in favor of the plaintiff as a matter of law upon her cause of action against defendant Sgt. Gloria Torres, pursuant to FRCP 50(a), [36-2] motion for a new trial on the issue of damages only, pursuant to FRCP 50(b) (cd) (Entered: 05/05/1998)

May 5, 1998

May 5, 1998

38

MEMORANDUM OPINION AND ORDER #80741 denying [36-2] motion for a new trial on the issue of damages only, pursuant to FRCP 50(b); denying [36-3] motion for an order granting plaintiff a new trial on the issue of whether the doctrine of qualified immunity applies in this case, pursuant to FRCP 50(b); The Court directs that this case be closed and removed from the Court's docket Signed by Judge John F. Keenan); Copies mailed. (djc) (Entered: 06/15/1998)

June 12, 1998

June 12, 1998

40

Letter addressed to Judge Keenan filed by U.C.O. John Does, Carlos Rivera Jr., Gloria Torres, Jane Poes, dated 5/4/98; Re: this letter is in opposition to pltff's motion purs. to FRCP, Rule 50(a), entering judgment as a matter of law against Sergeant Gloria Torres, or, in the alternative, for a new trial purs. to FRCP, Rules 50(b) and 59(b) (sac) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

41

NOTICE OF APPEAL by Stacy Kaufman ; from [38-1] order The Court directs that this case be closed and removed from the Court's docket, [35-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record:iAtty. General, FeePd. $105.00, rec # 319207 . (as) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

43

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [41-1] appeal by Stacy Kaufman on July 10, 1998. (dt) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

44

Transcript of record of proceedings filed before Judge Keenan for dates of 6/4/98 (sac) (Entered: 08/06/1998)

Aug. 6, 1998

Aug. 6, 1998

45

Transcript of record of proceedings filed before Judge Keenan for dates of April 15,16,17,20,21, 1998 (sac) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

46

MANDATE OF USCA (certified copy) Re: affirmed [41-1] appeal by Stacy Kaufman. Attached statement of costs taxed in the amount of $100.94 in favor of appellees, Carlos Rivera, Jr. et ano. (98-7888) Carolyn Clark Campbell, Clerk, USCA. *(Docketed as a Judgment #99.0931 on April 26, 1999)*. (as) Modified on 04/27/1999 (Entered: 04/26/1999)

April 26, 1999

April 26, 1999

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 31, 1995

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female attorney who was strip-searched in a "semi-private" bathroom in the courthouse after being arrested for disorderly conduct.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Several named and unnamed court officers (Bronx), County

Bronx County Civil Court (Bronx), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Over/Unlawful Detention

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run