Case: Leyba v. Santa Fe County

6:05-cv-00036 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 12, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 12, 2005, a group of pre-arraignment detainees filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for New Mexico, challenging the strip search policy in effect at the Santa Fe County Detention Facility. The policy at issue required that all persons to be housed in the Detention Center be strip searched for weapons and contraband, regardless of the offense charged and whether or not there was individualized reasonable suspici…

On January 12, 2005, a group of pre-arraignment detainees filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for New Mexico, challenging the strip search policy in effect at the Santa Fe County Detention Facility. The policy at issue required that all persons to be housed in the Detention Center be strip searched for weapons and contraband, regardless of the offense charged and whether or not there was individualized reasonable suspicion that the search would lead to the discovery of contraband or weapons. Plaintiffs maintained that the policy violated the Fourth Amendment's ban on unreasonable searches and seizures. They sought monetary damages and injunctive relief. Management & Training Corporation (the company that was contracted to operated the Detention Center), the Santa Fe County Board of Commissioners and Santa Fe County Sheriffs were named as defendants.

From January 2005 through November 2005, the parties engaged in extensive discovery, including document production, numerous depositions, inspection of the Detention Center and analysis of over 31,000 individual booking records. Settlement talks began in 2005 and included a six day mediation session before retired District Court Judge Raul A. Ramirez of California. Negotiations continued until a deal was reached in June 2006.

On July 24, 2006, the District Court (District Judge Bruce D. Black) preliminarily approved the Stipulation of Settlement and certified the case as a class action.

Following a fairness hearing, the District Court entered its final order approving the settlement and closing the case on December 8, 2006. Under the terms of the settlement, defendants agreed to pay $8.5 million into a settlement fund. Up to $5,529,750.00, plus interest earned on the settlement fund, would be allocated to pay verified claims. If the total amount of verified claims exceeded that amount, the amount payable to each member for each claim would be proportionately reduced. If the total amount of verified claims was less than that amount, the balance would be refunded to the defendants. $2 million was allocated for attorneys' fees and costs, and $470,250.00 was allocated equally among the class representatives. Up to $500,000 was to be paid for claims administration costs, with restrictions to come into play if administration expenses incurred were more or less than that amount.

The case is now closed.

Summary Authors

Dan Dalton (2/17/2008)

Lakshmi Gopal (2/21/2016)

Virginia Weeks (10/18/2016)

People


Judge(s)

Black, Bruce D. (New Mexico)

Attorney for Plaintiff

Bardacke, Paul (New Mexico)

Becker, Grace Chung (District of Columbia)

Bienvenu, John C. (New Mexico)

Brown Cutlar, Shanetta Y. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

6:05-cv-00036

Docket (PACER)

Dec. 21, 2007

Dec. 21, 2007

Docket
1

6:05-cv-00036

Class Action Complaint for Damages for Violation of Civil and Constitutional Rights and for Declaratory and Injunctive Rights

Jan. 12, 2005

Jan. 12, 2005

Complaint
40

6:05-cv-00036

Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement

July 6, 2006

July 6, 2006

Pleading / Motion / Brief

6:05-cv-00036

Notice of Proposed Settlement of Santa Fe County Class Action Strip Search Case

July 24, 2006

July 24, 2006

Notice Letter
45

6:05-cv-00036

Order Granting Preliminary Approval of Settlement Agreement and Approving the Form and Manner of Notice

July 24, 2006

July 24, 2006

Order/Opinion
49-1

6:05-cv-00036

Supplement [re motion for order for entry of stipulated order amending preliminary approval of settlement agreement]

Sept. 18, 2006

Sept. 18, 2006

Notice Letter
50

6:05-cv-00036

Stipulated Order Amending Preliminary Approval of Settlement Agreement and the Form and Manner of Notice

Sept. 20, 2006

Sept. 20, 2006

Order/Opinion

6:05-cv-00036

Class Action Claim Form

Nov. 27, 2006

Nov. 27, 2006

Other
55

6:05-cv-00036

Memo in Support of Approval of Reasonable Attorneys Fees, Costs and Incentive Payments

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief
59

6:05-cv-00036

Affidavit of Mark Patton in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief

Resources

Docket

Last updated March 27, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DAMAGES (5 Summons(es) issued) (referred to Magistrate Judge Alan C. Torgerson) (mjr) (Additional attachment(s) added on 8/14/2012: # 1 Civil Cover Sheet) (kg). (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

FILING FEE PAID: on 1/12/05 in the amount of $150.00, receipt #: 504969. (mjr) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

2

ENTRY OF APPEARANCE for defts Management &Training &Kerry Dixon by P. Scott Eaton* (dmw) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

3

RETURN OF SERVICE executed upon deft Management &Training on 1/14/05 (mjr) (kg). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

4

RETURN OF SERVICE executed upon deft Kerry Dixon on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

5

RETURN OF SERVICE executed upon deft Santa Fe County on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

6

RETURN OF SERVICE executed upon deft Greg Solano on 1/13/05 (mjr) (kg). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

7

NOTICE by pltfs of refusal to consent to proceed before Magistrate Judge Don J. Svet (mjr) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

8

MINUTE ORDER: Case reassigned from Magistrate Judge Don J. Svet to District Judge Bruce D. Black (cc: all counsel) (mjr) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

9

ANSWER by Management &Training &Kerry Dixon [1−1]* (dmw) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

10

ENTRY OF APPEARANCE for deft Management &Train by Kurt Wihl, Gary J. Van Luchene (jrm) (Entered: 02/10/2005)

Feb. 9, 2005

Feb. 9, 2005

11

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by deft Raymond L Sisneros on 2/18/05 (td) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

12

ENTRY OF APPEARANCE for defts Santa Fe County Board of Commissioners, Greg Solano, &Raymond L Sisneros by Michael Dickman &Grace Philips (td) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

13

ANSWER to complaint by defts Santa Fe County, Greg Solano &Raymond L Sisneros [1−1] (pz) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

14

NOTICE by defendant Management &Training of Rule 7.1 disclosure statement* (dmw) (Entered: 03/07/2005)

March 6, 2005

March 6, 2005

15

INITIAL SCHEDULING ORDER by Magistrate Judge Alan C. Torgerson Rule 16 scheduling conference set for 4/14/05 at 2:00 pm; provisional discovery plan and IPTR due on 4/4/05 (cc: all counsel*) (sl) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

16

NOTICE/CONSENT by movant John Murray of consent to be a member of the class (td) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

17

CERTIFICATE of service by defts of initial disclosures to counsel on 3/29/05 (td) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

18

ERRATA/NOTICE OF CORRECTIONS by Santa Fe County, Greg Solano &Raymond L Sisneros to Answer [13−1] (td) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

19

PROVISIONAL DISCOVERY PLAN by the parties* (kd) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

20

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 4/6/05 * (vv) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

21

ORDER by District Judge Bruce D. Black striking the qualified immunity portion of the third defense by defts MTC &Dixon in their answer [9−1] (cc: all counsel) (dmw) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

22

CERTIFICATE by defendant Management &Training Corp of service of initial disclosures to counsel on 4/7/05 (dmw) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

23

CLERK'S MINUTES: before Magistrate Judge Alan C. Torgerson Rule 16 scheduling conference held 4/14/05 * (pr) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

25

CERTIFICATE by defendant Management &Training of service of first interrogatories &request for production to counsel on 4/25/05 (dmw) (Entered: 04/26/2005)

April 25, 2005

April 25, 2005

26

INITIAL PRE−TRIAL REPORT by District Judge Bruce D. Black and Magistrate Judge Alan C. Torgerson; Discovery set for 4/14/06; mtn filing ddl set for 5/19/06; proposed pretrial order due 8/18/06; pretrial conference set for 1:30 pm on 9/21/06; jury trial set for 9:00 am on 10/2/06; Estimated # of Trial Days: unable to estimate; Chances of Settlement: unknown (cc: all counsel) (dmw) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

69

Letter by Kurt Wihl (kg) (Entered: 08/14/2012)

Aug. 9, 2005

Aug. 9, 2005

27

STIPULATED CONFIDENTIALITY ORDER by District Judge Bruce D. Black as described herein (cc: all counsel) (vv) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

28

ORDER by Magistrate Judge Alan C. Torgerson amending case management deadlines Discovery cutoff 5/31/06; Motion Filing cutoff 6/30/06; Pretrial order ddl 8/18/06 (cc: all counsel*) (dmw) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

29

JOINT MOTION to stay proceedings until 2/28/06 * (dmw) (Entered: 12/20/2005)

Dec. 19, 2005

Dec. 19, 2005

30

ORDER by Magistrate Judge Alan C. Torgerson granting joint motion to stay proceedings until 2/28/06 [29−1] (cc: all counsel) (dmw) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

31

UNOPPOSED MOTION by defts Raymond L Sisneros, Greg Solano &Santa Fe County to withdraw attorney Grace Philips for defts Raymond L Sisneros, Greg Solano &Santa Fe County (pz) (Entered: 02/28/2006)

Feb. 27, 2006

Feb. 27, 2006

32

JOINT MOTION by all parties to stay proceedings * (ln) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

33

ORDER by Magistrate Judge Alan C. Torgerson granting joint motion to stay proceedings until 05/01/06 [32−1] (cc: all counsel) (ln) (Additional attachment(s) added on 8/14/2012: # 1 Envelope) (kg). (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

34

ORDER by District Judge Bruce D. Black granting mtn to withdraw attorney Grace Philips for defts Raymond L Sisneros, Greg Solano &Santa Fe County [31−1] (cc: all counsel)* (jm) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

35

ORDER by Magistrate Judge Alan C. Torgerson that the parties have reached a settlement, closing documents are due 05/31/06 to Judge Black, as further described herein (cc: all counsel*) (ln) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

36

ORDER by Magistrate Judge Alan C. Torgerson that parties were instructed to submit their closing documentation by 06/23/06 to Judge Black, as further described herein (cc: all counsel*) (ln) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

37

NOTICE by Santa Fe County defts of counsel's non−availability 6/26/06 thru 7/7/06 (pz) (Entered: 06/06/2006)

June 5, 2006

June 5, 2006

38

NOTICE by John Murray of change of address (ln) (Entered: 06/20/2006)

June 19, 2006

June 19, 2006

39

ORDER by Magistrate Judge Alan C. Torgerson that parties to submit settlement documents by 7/10/06 to Judge Black; Status Conference set for 7/10/06 @ 10:00 a.m. (cc: all counsel*) (pr) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

40

JOINT UNOPPOSED MOTION for order for preliminary approval of class action settlement agreement (pz) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

41

AFFIDAVIT of John C Bienvenu regarding joint unopposed motion for order for preliminary approval of class action settlement agreement [40−1] (pz) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

42

CERTIFICATE of service by pltfs of Joint Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement &Affidavit of John C Bienvenu to counsel on 7/6/06 (pz) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

44

CLERK'S MINUTES: before District Judge Bruce D. Black re: motion for order for preliminary approval of class action settlement agreement [40−1] ; hearing held 7/19/06 C/R: J. Bean* (ln) Modified on 07/20/2006 (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

45

ORDER by District Judge Bruce D. Black granting joint unopposed motion for preliminary approval of class action settlement agreement and approving the form and manner of notice [40−1] (cc: all counsel) (ln) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

46

STIPULATED ORDER by District Judge Bruce D. Black appointing Settlement Services, Inc. of Tallahassee, Florida as class settlement administrator (cc: all counsel) (ln) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

47

STIPULATED ORDER by District Judge Bruce D. Black modifying the procedures related to payment of claims administration costs (cc: all counsel) (mjr) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

48

JOINT UNOPPOSED MOTION by parties for order for entry of stipulated order amending preliminary approval of settlement agreement and the form and manner of notice * (ln) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

49

SUPPLEMENT re motion for order for entry of stipulated order amending preliminary approval of settlement agreement and the form and manner of notice [48−1]* (ln) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

50

ORDER by District Judge Bruce D. Black granting the joint motion for order for entry of stipulated order amending approval of settlement agreement and the form and manner of notice [48−1] (cc: all counsel) (mjr) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

51

MOTION by pltf for extension of deadline for submission of claim forms * (ln) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

52

ORDER by District Judge Bruce D. Black granting pltfs' mtn for extension of deadline for submission of claim forms until 11/27/06 [51−1] (cc: all counsel) (td) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

53

RESPONSE by deft Management &Training Corporation and Kerry Dixon to pltfs' motion for entry of order extending deadline for submission of claim forms [51−1]* (ln) (Entered: 11/06/2006)

Nov. 3, 2006

Nov. 3, 2006

54

JOINT MOTION for final approval of class action settlement * (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

55

MEMORANDUM by plaintiffs in support of motion for final approval of class action settlement (approval of reasonable attorneys fees, costs &incentive payments) [54−1]* (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

56

AFFIDAVIT of John C Bienvenu in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

57

AFFIDAVIT of Robert R Rothstein in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

58

AFFIDAVIT of Elizabeth Leyba in support of joint motion for final approval of class action settlement [54−1] (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

59

AFFIDAVIT of Mark Patton in support of joint motion for final approval of class action settlement [54−1]* (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

60

AFFIDAVIT of Paul Bardacke in support of motion for final approval of class action settlement (approval of attorneys fees &costs) [54−1]* (dmw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

61

NOTICE by District Judge Black relocating the 12/08/06 hearing at 10:00 am to USDC Rio Grande courtroom, in Albuquerque, NM* (ln) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

63

FINAL JUDGMENT: by District Judge Bruce D. Black granting joint unopposed motion for final approval of class action settlement [54−1] dismissing case (cc: all counsel) (ln) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

64

CLERK'S MINUTES: before District Judge Bruce D. Black re final settlement approval C/R: J. Bean (*) (ln) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

66

NOTICE OF APPEAL to the district court from the judgment or final order of the case administrator by Dale A. Richman. (mjr) (Entered: 10/19/2007)

Sept. 25, 2007

Sept. 25, 2007

65

NOTICE OF APPEAL of the claims decision by the claims administrators pursuant to the settlement agreement by Sharon Fried. (mjr) (Entered: 10/19/2007)

Sept. 28, 2007

Sept. 28, 2007

68

NOTICE OF WITHDRAWAL OF DOCUMENT as to 65 Notice of Appeal by Sharon Fried (mjr) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

Case Details

State / Territory: New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 12, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All who, from January 12, 2002 to the present, were arrested and subjected to a strip search and/or body cavity search at the Santa Fe County Detention Facility without reasonable suspicion of the discovery of contraband or weapons.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Santa Fe County Detention Facility (Santa Fe), County

Management and Training Corporation (Santa Fe), Private Entity/Person

Santa Fe County (Santa Fe), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Strip search policy

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run