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Case Name Torres v. Valencia County JC-NM-0009
Docket / Court 07-0328 ( D.N.M. )
State/Territory New Mexico
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In April 2007, Plaintiffs, a class of pre-arraignment inmates at Valencia County Detention Center (VCDC), were subjected to strip searches. Plaintiffs, represented by private counsel, filed a 28 U.S.C. 1983 lawsuit against the County and the private corporation operating the facility, alleging ... read more >
In April 2007, Plaintiffs, a class of pre-arraignment inmates at Valencia County Detention Center (VCDC), were subjected to strip searches. Plaintiffs, represented by private counsel, filed a 28 U.S.C. 1983 lawsuit against the County and the private corporation operating the facility, alleging violations of their constitutional rights and state law violations. The plaintiffs sought damages and an injunction.

Plaintiffs and Defendants stipulated to a settlement on Dec. 12, 2008, under which plaintiffs agreed to dismiss their case, acknowledge that the VCDC had already ameliorated the strip search policy, and the defendants would pay, collectively, approximately 3.3 million dollars in damages to a settlement fund. The class representatives received approximately $42,000 dollars each.

The Federal District Court for the District of New Mexico, (Judge Christina Armijo), approved the settlement agreement on July 7, 2009.

Blase Kearney - 04/08/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Valencia County
Plaintiff Description Pre-arraignment arrestees at Valencia County Detention Center from 2004 onward.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:07-cv-00328-MCA-WDS (D.N.M.) 11/22/2010
JC-NM-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Damages for Violations of Civil and Constitutional Rights and for Declaratory and Injunctive Relief 04/03/2007
JC-NM-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement 12/15/2008
JC-NM-0009-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Press Release 03/18/2009
JC-NM-0009-0001.pdf | Detail
Final Judgment of Dismissal and Order Granting Final Approval of Settlement Agreement 07/13/2009
JC-NM-0009-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Armijo, M. Christina (D.N.M.)
JC-NM-0009-0001 | JC-NM-0009-0004 | JC-NM-0009-9000
Schneider, W. Daniel (D.N.M.) [Magistrate]
JC-NM-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Apodaca, Frank (New Mexico)
JC-NM-0009-9000
Bienvenu, John C. (New Mexico)
JC-NM-0009-0001 | JC-NM-0009-0002 | JC-NM-0009-0003 | JC-NM-0009-9000
Donatelli, Mark H. (New Mexico)
JC-NM-0009-0001 | JC-NM-0009-9000
Griego, Michael R. (New Mexico)
JC-NM-0009-9000
Rothstein, Robert R. (New Mexico)
JC-NM-0009-0001 | JC-NM-0009-9000
Defendant's Lawyers Allen, Patrick D. (New Mexico)
JC-NM-0009-0003 | JC-NM-0009-9000
Eaton, P. Scott (New Mexico)
JC-NM-0009-0003 | JC-NM-0009-9000
Other Lawyers Jaramillo, Joseph E. (California)
JC-NM-0009-0001

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