University of Michigan Law School
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Case Name Garvey v. MacDonald JC-MA-0015
Docket / Court 3:07-cv-30049-KPN ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On January 18, 2005, Plaintiff, represented by a private attorney, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts (Springfield), challenging the strip search policy of the Franklin County Jail ("Jail"). Plaintiff was arrested on an ... read more >
On January 18, 2005, Plaintiff, represented by a private attorney, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts (Springfield), challenging the strip search policy of the Franklin County Jail ("Jail"). Plaintiff was arrested on an outstanding traffic warrant and was subjected to two strip searches upon his arrival at the Jail. The strip searches were conducted pursuant to the Sheriff's General Order 506 which, up until February 25, 2007, mandated that all detainees except those in protective custody be strip searched on admission to the jail and again before leaving the jail to go to court. Plaintiff claimed that the policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution and requested that the Court award compensatory and punitive damages, declaratory and injunctive relief, and class certification.

On March 14, 2008, Plaintiff filed a Motion of Class Certification. Plaintiff sought to represent a class of approximately 400 people who were illegally strip searched at the Jail. The proposed class consists of all people strip searched without individualized reasonable suspicion on or after March 28, 2004, and before February 25, 2007, at the Jail. On April 15, 2008, the Court (Magistrate Judge Kenneth P. Neiman) granted Plaintiff's Motion for Class Certification.

The parties conducted discovery from July 2007 to November 2008, after which they both filed Motions for Summary Judgment. On October 22, 2009, in a Memorandum and Order, the Court (Magistrate Judge Kenneth P. Neiman) granted Plaintffs' Motion for Summary Judgment and denied Defendants' Cross Motion.

Following the Court's ruling, the parties entered settlement negotiation. After several months' negotiation, the parties signed the Settlement Agreement on June 24, 2010. The Court approved the parties's Joint Motion for Preliminary Approval of Class Settlement on July 12, 2010. An Amended Settlement Agreement was filed on July 15, 2010. Plaintiffs filed a Joint Motion for Final Approval of Class Action Settlement on December 23, 2010. On January 14, 2011, the Court (Magistrate Judge Kenneth P. Neiman) approved the Class Action Settlement. Under the Settlement Agreement, the Commonwealth agreed to pay on behalf of all Defendants $1,162,468 to settle all claims brought by Plaintiffs in this action, including claims for attorney's fees and costs.

Xin Chen - 01/21/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Franklin County Jail
Franklin County Sheriff's Department
Plaintiff Description All people strip searched without individualized reasonable suspicion on or after March 28, 2004, and before February 25, 2007, at the Jail.
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 2011
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)
3:07-cv-30049-KPN (D. Mass.) 05/20/2011
JC-MA-0015-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/28/2007
JC-MA-0015-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum in Support of Class Certification 03/14/2008
JC-MA-0015-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum in Support of Summary Judgment 11/17/2008
JC-MA-0015-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Defendants' Cross Motion for Summary Judgment 12/22/2008
JC-MA-0015-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order with regard to Cross−Motions for Summary Judgment 10/22/2009 (665 F.Supp.2d 47) (D. Mass.)
JC-MA-0015-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum in Support of Joint Motion for Preliminary Approval of Class Settlement 06/25/2010
JC-MA-0015-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Settlement Agreement 07/15/2010
JC-MA-0015-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum in Support of Joint Motion for Final Approval of Class Settlement 12/23/2010
JC-MA-0015-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Nieman, Kenneth P. Court not on record [Magistrate]
JC-MA-0015-0002 | JC-MA-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bills, Jennifer L. (Massachusetts)
JC-MA-0015-0001
Friedman, Howard (Massachusetts)
JC-MA-0015-0001 | JC-MA-0015-0003 | JC-MA-0015-0004 | JC-MA-0015-0006 | JC-MA-0015-0007 | JC-MA-0015-9000
Milton, David (Massachusetts)
JC-MA-0015-0008
Defendant's Lawyers Strayer, Kerry David (Massachusetts)
JC-MA-0015-0005 | JC-MA-0015-0007 | JC-MA-0015-9000
Other Lawyers None on record

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