Case: Tyson v. City of New York

1:97-cv-03762 | U.S. District Court for the Southern District of New York

Filed Date: May 22, 1997

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 22, 1997, several individuals who had been arrested for misdemeanors or non-criminal offenses filed a 42 U.S.C § 1983 class action lawsuit in the U.S. District Court for the Southern District of New York in order to challenge the blanket strip search policy of the New York City Department of Correction (DOC). Plaintiffs, represented by Emery Celli, claimed that the DOC's practice of strip searching every arrestee, regardless of the offense alleged and regardless of whether here was any …

On May 22, 1997, several individuals who had been arrested for misdemeanors or non-criminal offenses filed a 42 U.S.C § 1983 class action lawsuit in the U.S. District Court for the Southern District of New York in order to challenge the blanket strip search policy of the New York City Department of Correction (DOC). Plaintiffs, represented by Emery Celli, claimed that the DOC's practice of strip searching every arrestee, regardless of the offense alleged and regardless of whether here was any reasonable suspicion that the arrestee was concealing weapons or contraband violated the U.S. Constitution. To remedy the alleged constitutional violation, Plaintiffs sought compensatory and injunctive relief, as well as class certification on behalf of a class of all misdemeanor or non-criminal offense arrestees who were subjected to pre-arraignment strip searches under the DOC's blanket policy.

The DOC answered the complaint by denying Plaintiffs' allegations. Nevertheless, on May 27, 1997, just days after the suit was filed, the DOC officially discontinued the challenged search policy. The DOC's new policy permitted strip searches of pre-arraignment arrestees only where there was a reasonable suspicion that the arrestee was concealing a weapon or other contraband, based on the crime charged, the particular characteristics of the detainee, or the circumstances of the arrest.

On April 13, 1998, the District Court (Judge Kimba M. Wood) certified the case as a class action. Litigation and discovery continued for the next two years until a settlement was reached in January 2000.

Under the terms of the Stipulation of Settlement, the City agreed to pay between $20 million and $50 million to settle all class claims. It was estimated that there were approximately 50,000 eligible class members. In order to receive compensation, each class member was required to file a claim, electing one of three alternatives. Class members who merely filled out a claim form ("Step 1" claimants) would be entitled to receive $250. Class members who further claimed multiple or aggravated searches and provided authorization for an extensive search of their criminal history ("Step 2" claimants) would be entitled to receive up to $9,750. Finally class members who took the further step of providing notarized authorizations for the release of their medical, psychiatric, employment, educational, and social security records and submitted to a deposition and/or psychiatric examination ("Step 3" claimants) would be entitled to receive a payment of up to $4250 for moderate emotional distress; up to $8,500 for serious additional emotional distress; and up to $12,500 for severe additional emotional distress. The Stipulation provided, however, that Awards would be reduced by 50% for class members with a record of criminal conviction. The Agreement also provided that, class counsel would be allowed to make an attorney fee application to the Court.

On July 5, 2001 the District Court (Judge John S. Martin) entered final judgment approving the class settlement. KPMG, LLP was appointed as Class Administrator, and the processing and payment of claims continued through 2006.

Defendants initially agreed to pay class counsel a total of $800,000 as interim fees, pending the hearing on their fee application. Though the parties thereafter settled the issue of remaining attorney's fees, the ultimate fee award is unknown as it was not reported on the PACER docket and the Court's order was unavailable.

Summary Authors

Dan Dalton (2/15/2008)

People


Judge(s)

Buchwald, Naomi Reice (New York)

Attorney for Plaintiff

Emery, Richard D. (New York)

Attorney for Defendant

Kerlin, Norma (New York)

Pestana, Georgia (New York)

Judge(s)

Buchwald, Naomi Reice (New York)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:97-cv-03762

Docket (PACER)

Oct. 16, 2006

Oct. 16, 2006

Docket

1:97-cv-03762

Submission of Proposal Stipulation of Settlement

Jan. 5, 2000

Jan. 5, 2000

Pleading / Motion / Brief

Docket

Last updated March 20, 2024, 3:08 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 $ 150.00 RECEIPT # 287932 (sac) (Entered: 05/23/1997)

May 22, 1997

May 22, 1997

2

Rule 9 certificate filed by Danni Tyson (sac) (Entered: 05/23/1997)

May 22, 1997

May 22, 1997

Magistrate Judge Eaton is so Designated. (sac) (Entered: 05/23/1997)

May 22, 1997

May 22, 1997

3

FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise , (Answer due 6/16/97 for Jane/John Does, for Alonzo Davis, for Michael P. Jacobson, for NYC Dept. of Correct, for Howard Safir, for NYC Police Dept., for Rudolph W. for The City of New York ) amending [1-1] complaint ; Summons issued. (ae) (Entered: 06/09/1997)

June 3, 1997

June 3, 1997

4

Affidavit of service as to Rudolph W. Giuliani by serving the New York City Law Department leaving the papers with Joan Daniel on 6/3/97. (kw) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

4

Affidavit of service as to Howard Safir by Ms. Porter on 6/3/97. (kw) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

4

Affidavit of service as to Alonzo Davis by G. Brathwaite on 6/3/97. (kw) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

4

Affidavit of service as to The City of New York by serving the New York City Law Department leaving the papers with Joan Daniel on 6/3/97. (kw) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

5

Affidavit of service of summons and complaint as to Alonzo Davis upon G. Brathwaite on 5/23/97. Answer due on 6/12/97 for Alonzo Davis. (djc) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

5

Affidavit of service of summons and complaint as to Michael P. Jacobson upon G.Brathwaite on 5/23/97. Answer due on 6/12/97 for Michael Jacobson (djc) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

5

Affidavit of service of summons and complaint as to The City of New York upon Joan Daniel on 5/23/97. Answer due on 6/12/97 for The City New York. (djc) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

5

Affidavit of service of summons and complaint as to Rudolph W. Giuliani upon Joan Daniel on 5/23/97. Answer due on 6/12/97 for Rudolph W. Giuliani (djc) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

5

Affidavit of service of summons and complaint as to Howard Safir upon Daniel Albano on 5/23/97. Answer due on 6/12/97 for Howard Safir. (djc) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

6

Filed Memo Endorsement on letter dated June 17, 1996 from Muriel Goode-Trufant, Reset answer due for 7/17/97 for Jane/John Does, for Alonzo Davis, for Michael P. Jacobson, for NYC Dept. of Correct, for Howard Safir, for NYC Police Dept., for Rudolph W. Giuliani, for The City of New York ( signed by Judge Kimba M. Wood ) (sac) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

7

SCHEDULING ORDER setting Deadline for filing of class certification motion 7/28/97 ; Response to motion deadline 8/18/97 ; Reply to response to motion deadline 9/2/97 ; ( signed by Judge Kimba M. Wood ) ; Copies mailed (cd) (Entered: 07/07/1997)

July 2, 1997

July 2, 1997

Before J. Wood; Pre-trial conference held (cd) (Entered: 07/15/1997)

July 14, 1997

July 14, 1997

8

SCHEDULING ORDER setting Deadline for filing of motion for class cert. 7/21/97 ; opposition to motion deadline 8/11/97 ; reply to response to motion deadline 8/25/97 ; ( signed by Judge Kimba M. Wood ) ; Copies mailed (ae) (Entered: 07/15/1997)

July 15, 1997

July 15, 1997

9

ANSWER to Complaint by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does (Attorney Georgia Pestana) (ae) (Entered: 07/21/1997)

July 17, 1997

July 17, 1997

10

NOTICE OF MOTION by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise to certify as a class action, purs. to FRCP 23(a) and (b)(3) ; Return date 8/25/97; with attached affidavit and declarations. (kg) (Entered: 07/24/1997)

July 21, 1997

July 21, 1997

11

MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3). (kg) (Entered: 07/24/1997)

July 21, 1997

July 21, 1997

13

DECLARATION of Georgia Pestana in opposition by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (djc) (Entered: 08/18/1997)

Aug. 13, 1997

Aug. 13, 1997

14

Filed Memo-Endorsement on letter to Judge Wood from Georgia Pestana dated 8/11/97; defts' response to motion reset to 8/13/97 for [10-1] motion to certify as class action, purs. to FRCP 23(a) and (b)(3) ; pltffs' reply to response to motion reset to 8/27/97 for [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) ; ( signed by Judge Kimba M. Wood ) (ls) (Entered: 08/28/1997)

Aug. 27, 1997

Aug. 27, 1997

15

REPLY MEMORANDUM by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support re: [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (sac) (Entered: 08/29/1997)

Aug. 28, 1997

Aug. 28, 1997

16

REPLY AFFIRMATION of Matthew D. Brinckerhoff by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support Re: [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (sac) (Entered: 08/29/1997)

Aug. 28, 1997

Aug. 28, 1997

Terminated document 9-1 as per instructions of Judge Wood dated 4/10/98. (rag) (Entered: 04/10/1998)

March 31, 1998

March 31, 1998

17

ORDER, certifying this case as a class action, purs. to FRCP 23(a) and (b)(3) ; the Clerk of Court shall issue this Order to counsel for the parties as set forth on the list appended hereto purs. to Rule 77.1 of the Local Rules of this Court and that such issuance of the order shall constitute service on the partied represented by said counsel (signed by Judge Kimba M. Wood); Copies mailed. (kg) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

18

Transcript of record of proceedings before Judge Wood filed for dates of March 18, 1998 (jp) (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

19

Filed Memo Endorsement on letter to Judge Wood from Matthew Brinckerhoff, dated 6/15/98, pltffs request this Court to hold a pre-motion conference on 6/17/98 so that pltffs may submit a motion for an order directing defts to identify all class members and provide notice as set forth in this order: no premotion conference is required. The motion (directing defts to identify all class members) may be fld whenever plntfs' counsel is ready ( signed by Judge Kimba M. Wood ) (cd) Modified on 06/23/1998 (Entered: 06/22/1998)

June 19, 1998

June 19, 1998

20

NOTICE OF MOTION by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks ; Return date is 9/30/98. (Declaration of Matthew D. Brinckerhoff attached) (bw) (Entered: 09/17/1998)

Sept. 15, 1998

Sept. 15, 1998

21

MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise support of [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks. (bw) (Entered: 09/17/1998)

Sept. 15, 1998

Sept. 15, 1998

22

Rule 56.1 statement filed by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise. (bw) (Entered: 09/17/1998)

Sept. 15, 1998

Sept. 15, 1998

23

Filed Memo-Endorsement on letter to Judge Wood from Matthew D. Brinckerhoff dated 09/14/98, counsel for plaintiffs request a pre-motion conference so that plaintiffs may submit a motion for an order of partial summary judgment against defendants on the issue of liability. The Court grants permission to file this motion without a premotion conference. Defendants are reminded of their duty to file a responsive Rule 56.1 Statement that responds specifically and factually to each of plaintiff's statements, and not to respond with legal argumentation. (signed by Judge Kimba M. Wood) (djc) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

24

Notice of reassignment to Judge John S. Martin Copy of notice and judge's rules mailed to Attorney(s) of record: Richard D. Emery, Georgia Pestana . (jp) (Entered: 09/30/1998)

Sept. 25, 1998

Sept. 25, 1998

25

NOTICE OF CROSS MOTION by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correction, Michael P. Jacobson, Alonzo Davis, Jane/John Does for an Order directing that: 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration , and, 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile nature) in Manhattan during the period of 7/8/96 to 6/13/97 that OLBS reveals have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) all non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included in Exhibit A to the Declaration, or some other appropriate written indication that they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion ; Return date is not indicated. (Declaration of James Henly in opposition to plaintiff's motion regarding class notice attached) (bw) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

26

MEMORANDUM Of Law by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael Jacobson, Alonzo Davis, Jane/John Does in opposition to [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks. (bw) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

26

MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration, [25-2] cross motion 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) all non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included in Exhibit A to the Declaration, or some other appropriate written indication that they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion. (bw) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

27

REPLY MEMORANDUM by Danni Tyson in support of [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Voice and the Amsterdam News every other week for a period of six weeks; and in opposition to [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration; [25-2] cross motion 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile nature) in Manhattan during the period of 7/8/96 to 6/13/97 that OLBS reveals have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion (ls) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

28

NOTICE OF MOTION by the pltff class; for partial summary judgment of liability agianst the City of N.Y. ; Declaration attached; return date not indicated (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

29

MEMORANDUM by pltff class in support of [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

30

MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition to [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

31

DECLARATION of Larry E. Dubois by defts Re: personal knowledge (ls) Modified on 11/03/1998 (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

32

AFFIDAVIT of Jeffrey Mishula by defts Re: personal knowledge (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

33

DECLARATION of Norma Kerlin by defts' in opposition to pltffs' motion for summary jdgmt. (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

34

AFFIDAVIT of Edward Reilly by defts Re: personal knowledge (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

35

Defts' Rule 56.1 statement filed (ls) (Entered: 11/03/1998)

Oct. 30, 1998

Oct. 30, 1998

36

REPLY MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does re: [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration (cd) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

37

REPLY MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of re: [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (filed in the night deposit on 11/5/98 at 9:11 p.m.) (ae) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

38

Reply Declaration of Matthew D. Brinckerhoff by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (filed in the night deposit on 11/5/98 at 9:11 p.m.) (ae) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

40

STIPULATION AND ORDER; pltff Ginda Mortise consents to dismissal of her action purs. to FRCP 41(a)(1), without prejudice to her status as a class member ( signed by Judge John S. Martin ). (sac) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

41

STIPULATION and ORDER, that class representative plaintiff Janet Wolfman consents to dismissal of her action pursuant to FRCP 41(a)(1) without prejudice to her status as a class member (signed by Judge John S. Martin). (ri) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

Case closed (ri) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

42

STIPULATION and ORDER regarding the procedures that will govern the handling of confidential material during the course of this action ( signed by Judge John S. Martin ). (djc) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

Case reopened. Case Closed in Error. (dcap) (Entered: 11/17/1999)

Jan. 20, 1999

Jan. 20, 1999

43

STIPULATION AND PROTECTIVE ORDER(II); regarding procedures that will govern the handling of "Confidential Information" ( signed by Judge John S. Martin ). (sac) (Entered: 02/18/1999)

Feb. 18, 1999

Feb. 18, 1999

44

ORDER; that the N.Y.C. Police Department and the NYC Department of Correction shall unseal records previously sealed pursuant to New York Criminal Procedure Law section 160.50 to the extent necessary to permit notice pursuant to Fed. R. Civ. P. 23 (c)(2) to be mailed to all persons arrested for misdemeanors or non-criminal offenses in New York and Queens Counties during the period from 7/1/96 through 6/13/97, who were thereafter taken to Central Booking for arraignment, and whose records were sealed pursuant to CPL section 160.50; only limited information regarding such arrestees contained in the Police Department's On Line Booking System ("OLBS"); the On Line Prisoner Arraignment ("OLPA") system and/or the Correction Dept's "Inmate Information System" shall be unsealed, and the information shall be unsealed solely for the purpose of enabling defendants to identify Tyson class members who must be sent mailed notice pursuant to Fed.R.Civ.P.23(c)(2). The information to be unsealed shall be limited to the arrestee's full name; address; NYSID number; gender; date of birth, all criminal charges; date of arrest; lodging code; date and time of arraignment; final disposition code; and, if appropriate, date and time of admission to a Department of Correction facility. ; the Clerk ofthe Court shall issue this Order to counsel for the parties as set forth on the list appended hereto pursuant to Rule 77.1 of the Local Civil Rules of this Court and that such issuance of the Order shall constitute service on the parties represented by said counsel. ( signed by Judge John S. Martin ); mailed copies of this order on 4/8/99. (pl) (Entered: 04/08/1999)

April 7, 1999

April 7, 1999

45

NOTICE OF MOTION for leave to file an amended complaint purs to FRCP 15(a) and 21 ; Return date 7/30/99 w. Declaration of Matthew D. Brinckerhoff in support (djc) (Entered: 07/16/1999)

July 14, 1999

July 14, 1999

46

Filed Memo-Endorsement on letter addressed to Judge Martin from Matthew D. Brinckerhoff, dated 7/16/99; granting pltffs' request for leave to file a memorandum of law in support of their motion to amend. ( signed by Judge John S. Martin ); Copies mailed. (sac) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

47

MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition to pltffs' motion to amend the first amended complt. (ls) (Entered: 07/27/1999)

July 26, 1999

July 26, 1999

48

DECLARATION of Norma Kerlin by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition Re: pltffs' motion to amend their first amended complt. (ls) (Entered: 07/27/1999)

July 26, 1999

July 26, 1999

49

STIPULATION; that pltffs' [45-1] motion to amend currently returnable on 7/30/99 is adjourned to 8/6/99 ; pltffs' reply papers in further support of their [45-1] motion to amend the complaint shall be served and filed with courtesy copies to Chambers on or before 8/6/99 ( signed by Judge John S. Martin ). (jp) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

50

REPLY MEMORANDUM by pltffs' re: in support of [45-1] motion for leave to file an amended complaint purs to FRCP 15(a) and 21 (ls) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

51

Amennded ORDER Unsealing Records; the NYC Police Dept and the NYC Dept. of Correction shall unseal records previously sealed purs to New York Criminal Procedure Law section 160.50 to the extent necessary to permit notice purs to FRCP 23(c)(2) to be mailed to all persons arrested for misdemeanors or non-criminal offenses in New York and Queens Counties during the period from July 1, 1996 through June 13, 1997, who were thereafter taken to Central Booking for arraignment and whose records were sealed purs to CPL section 160.50; Only limited information regarding such arrestees contained in the Police Dept's On Line Billng System; the On Line Prisoner Arraignment system and/or the Correction Department's Inmate Information System" shall be unsealed, and the information shall be unsealed ; ( signed by Judge John S. Martin ); Copies mailed. (copy of docmt forwarded to Anne Ford) (djc) Modified on 11/21/2000 (Entered: 11/20/2000)

Nov. 17, 2000

Nov. 17, 2000

52

STIPULATION and ORDER, that the names Janet Wolfman and Ginda Mortise shall be removed from the caption of this action ( signed by Judge John S. Martin ) (cd) (Entered: 11/29/2000)

Nov. 29, 2000

Nov. 29, 2000

53

ORDER Appointing Class Action Administrator; KPMG, LLP is appointed class action administrator for the class certified on 04/08/98. The Clerk of the Court shall issue this Order to Counsel for the parties as set forth on the list appended hereby purs to Rule 77.1 of the Local Civil Rules of this Court and that such issuance of the Order shall constitute service on the parties represented by said counsel . ( signed by Judge John S. Martin ); Copies mailed. (djc) (Entered: 12/04/2000)

Nov. 30, 2000

Nov. 30, 2000

54

ORDER WITH RESPECT TO PROPOSED STIPULATION OF SETTLEMENT, regarding the Stipulation of Settlement, filed simultaneously herewith by the parties. ( signed by Judge John S. Martin ); Copies mailed. (ae) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

56

NOTICE of Class Action and Proposed Class Settlement (cd) (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

57

fld Request (Edward Brendel) to be excluded from class action (cd) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

58

fld Request to be Excluded from Class Action, by Angel Perez (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

59

fld Request to be Excluded from Class Action, by Gabriel Concepcion (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

60

fld Request to be Excluded from Class Action, by Jose Nieves (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

61

fld Request to be Excluded from Class Action, by Charles Angus (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

62

fld Request to be Excluded from Class Action, by Carlos Walls (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

63

fld Request to be Excluded from Class Action, by Rodolfo Tineo (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

64

fld Request to be Excluded from Class Action, by Jospeph Gragnaniello (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

65

fld Request to be Excluded from Class Action, by Charles Dankert (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

66

fld Request to be Ecluded from Class Action, by Thomas Horgan (cd) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

67

Letter filed addressed to Judge Martin from Deborah Shabtai, dated 2/1/01, re: strip search/settlement. (cd) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

68

Request to be excluded from class action by Matthew Jablonski. (kw) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

69

Requet to be excluded from Class Action if you do not want to Participate filed by Tarsem Singh. (lam) (Entered: 02/13/2001)

Feb. 8, 2001

Feb. 8, 2001

70

Request to be excluded from class action filed by Ahamir De Oliveira. (jp) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

71

Request to be excluded from the class action filed by John W. Oliver. (jp) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

72

Request to be excluded from class action filed by Tiffany N. Griffin. (jp) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

Terminated document 45-1 pursuant to instructions of Judge Martin. (rag) (Entered: 02/27/2001) Brinckerhoff, & Abady PC (TAX ID 134039305) the sum of $300,000 for interim attnys. fees accrued by counsel for pltffs for the period from 4/14/97 through 12/31/00; pltfffs accept the payment of $300,000, w/o prejudice to their position that they are entitled to more than the sum of $300,000 for the time period from 4/13/97 through 12/31/00; defts reserve their right to oppose payment of any sum in excess of $300,000 for the time period from 4/13/97 through 12/31/00; pltffs shall execute and deliver to defts' attny. all documents necessary to effect this settlement, including, w/o limitation, a release based upon the terms of paragraphs "1" through "3" of this Stipulation and Order ; ( signed by Judge John S. Martin ) (lf) (Entered: 02/28/2001)

Feb. 27, 2001

Feb. 27, 2001

75

Request by Nathaniel West to be excluded from this class action. (sac) (Entered: 03/02/2001)

Feb. 28, 2001

Feb. 28, 2001

74

Request to be excluded from class action by Johnny Gresham. (pl) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

76

Request to be excluded from Class Action participation by Joanne Feng. (pl) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

77

Memo-Endorsement on letter addressed to Judge Martin from Richard D. Emery, dated 3/14/01; granting plaintiff class requests for an extension until Tuesday, 3/20/01 to serve and file our Memorandum of Law in Support of Settlement and accompanying affirmations, affidavits and exhibits . ( signed by Judge John S. Martin ); Copies mailed. (pl) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

78

REQUEST TO BE EXCLUDED FROM CLASS ACTION by Jose Ilarraza Jr. (pl) (Entered: 03/16/2001)

March 15, 2001

March 15, 2001

111

Request to be excluded from Class Action by Thayron Irizarry. (lam) (Entered: 04/20/2001)

March 16, 2001

March 16, 2001

79

Request by Raymond W. Cline to be excluced from class action (djc) (Entered: 03/21/2001)

March 19, 2001

March 19, 2001

80

MEMORANDUM OF LAW by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Settlement. (pl) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

81

AFFIDAVIT of Rachel Yehuda by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Stipulation of Settlement. (pl) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

82

DECLARATION of Norma Kerlin by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support Re: approved Stipulation of Settlement. (pl) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

83

MEMORANDUM OF LAW by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Stipulation of Settlement. (pl) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

84

MEMORANDUM OF LAW by Danni Tyson in support of Final Approval of ClassAction Settlement. (pl) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

85

DECLARATION of Matthew D. Brinckerhoff by Danni Tyson in support of Re: approval by the Court of the Terms of the Stipulation of Settlement pursuant to F.R.C.P. Rule 23(e). (pl) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

86

AFFIDAVIT of Philip Daddona Re: in connection with a hearing scheduled by this Corut for June 13, 2001 (djc) (Entered: 03/26/2001)

March 22, 2001

March 22, 2001

87

NOTICE of Class Action and Proposed Class Settlement. (pl) (Entered: 03/28/2001)

March 26, 2001

March 26, 2001

88

Fld Request to be excluded from class action, for Heron Dennis (cd) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

89

Fld Request to be excluded from class action, by Jodi J. Dews (cd) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 22, 1997

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested form misdemeanors or non-criminal offenses in New York or Queens Counties who, before arraignment, were strip searched in facilities operated by the DOC pursuant to the defendant's policy.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of New York (New York), City

New York City Police Department (New York), City

New York City Department of Correction (New York City), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - None

Issues

General:

Search policies

Strip search policy

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run