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Case Name Dare v. Knox County JC-ME-0004
Docket / Court 2:02-cv-00251-GC ( D. Me. )
State/Territory Maine
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Attorney Organization Washington Lawyers' Committee
Case Summary
On December 17, 2002, a pre-trial detainee filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Maine, challenging the Knox County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body ... read more >
On December 17, 2002, a pre-trial detainee filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Maine, challenging the Knox County Sheriff's policies, practices, and customs concerning the use of strip searches and visual body cavity searches in Knox County Jail. Plaintiff alleged that officers subjected detainees in their custody to strip and visual body cavity searches regardless of the crime charged and without having reasonable suspicion that the detainees possessed contraband or weapons, in violation of the Fourth and Fourteenth Amendments. Plaintiff sought declaratory and injunctive relief, monetary damages and class certification.

The defendants denied those allegations and asserted that their policies, practices and procedures were at all times consistent with constitutional requirements.

The District Court (Senior District Judge Gene Carter) certified the case as a class action, defining the class as: All people who after November 19, 1996, were subjected to a strip search and/or visual body cavity search without evaluation for individualized reasonable suspicion while being held at the Knox County Jail: (1) after having been arrested on charges that did not involve a weapon, drugs, or a violent felony; or (2) while waiting for bail to be set on charges that did not involve a weapon, drugs, or a violent felony; or (3) while waiting for an initial court appearance on charges that did not involve a weapon, drugs, or a violent felony; or (4) after having been arrested on a warrant that did not involve a weapon, drugs, or a violent felony. Tardiff v. Knox County, 218 F.R.D. 332 (D. Me. 2003), affirmed by Tardiff v. Knox County, 365 F.3d 1 (1st Cir. 2004) (Circuit Judge Michael Boudin).

Discovery and litigation continued, with the Judge Carter issuing various discovery and procedural orders. See Tardiff v. Knox County, 224 F.R.D. 522 (D. Me. 2004) (holding that reinsurance agreements between self-funded insurance pool of counties and its reinsurers were subject to discovery); Tardiff v. Knox County, 226 F.R.D. 10 (D. Me. 2005) (plaintiff was required to identify class members from county's jail log sheets without the assistance of the County); Tardiff v. Knox County, 2006 WL 2827604 (D. Me. Sept. 11, 2006) (limiting the scope of testimony for defendants' expert witness); Tardiff v. Knox County, 2006 WL 2827600 (D. Me. Sept. 18, 2006) (denying plaintiffs' motion for reconsideration of a prior order); Tardiff v. Knox County, 2006 WL 2827603 (D. Me. Sept. 18, 2006) (order denying plaintiffs' motion for judicial determination of the number of people in the class); Tardiff v. Knox County, 453 F.Supp.2d 190 (D. Me. Sept. 21, 2006) (striking all of the parties exhibits for violating a court order directing preparation of consolidated exhibit list); and Tardiff v. Knox County, 2006 WL 3043223 (D. Me. Oct. 24, 2006) (approving substitution of the named class representative).

The parties filed cross-motions for summary judgment, which Judge Carter granted in part and denied in part. He held the County's blanket strip search policy unconstitutional, but said there were fact issues regarding the claims of several class members that needed to be resolved. He determined that the Sheriff was entitled to qualified immunity for searches of detainees alleged to have committed non-violent, non-weapons, non-drug felonies, but was not entitled to immunity for searches of detainees alleged to have committed misdemeanors. Tardiff v. Knox County, 397 F.Supp.2d 115 (D. Me. 2005). In Tardiff v. Knox County, 425 F.Supp.2d 159 (D. Me. 2006), Judge Carter clarified and denied reconsideration of his summary judgment order and denied a certificate of appealability in Tardiff v. Knox County, 451 F.Supp.2d 253 (D. Me. 2006).



On September 19, 2006, the Court bifurcated the remaining liability and damages issues. The case was ordered to proceed to determine liability (as to the class) and then would thereafter proceed as a non-class action with regard to determining individual amounts of recoverable compensatory and punitive damages. Tardiff v. Knox County, 2006 WL 2827556 (D. Me. Sept. 19, 2006). The parties then participated in a Judicial Settlement Conference with Chief District Judge George Z. Singal on September 29, 2006, and settled the case.

The initial Settlement Agreement was submitted to the Court for preliminary approval, but rejected. Dare v. Knox County, 457 F.Supp.2d 52 (D. Me. 2006). After several modifications, a third version of Settlement Agreement was preliminarily approved on December 18, 2006. Dare v. Knox County, 465 F.Supp.2d 14 (D. Me. 2006). In accordance with the revised Settlement Agreement, the Court entered an Injunction prohibiting Knox County, its Sheriff, and all jail employees from strip searching any persons charged with a crime that did not involve weapons, violence or controlled or scheduled substances during the jail admission process, unless the officer or person conducting the strip search had reasonable suspicion to believe the person does possess a weapon, controlled or scheduled substances, or other contraband. Dare v. Knox County, 465 F.Supp.2d 17 (D. Me. 2006).

Following a final fairness hearing on April 23, 2007, Judge Carter approved the settlement. Under the terms of the Agreement, the County agreed to pay the sum of $3 million for settlement of all class claims. From that amount, attorneys' fees in the amount of $750,000.00 (25%) were paid to class counsel, as well as litigation costs of class counsel, claims administration expenses, and class representative bonuses. The remainder was to be distributed equally to class members that timely submitted a claim, regardless of the number of times that they were booked into the jail and searched during the class period. See also Dare v. Knox County, 2007 WL 2071787 (D. Me. July 09, 2007) (approving $23,822.74 in litigation costs to class counsel).

The PACER docket reflects that in January 2008, Judge Carter ordered that unclaimed portions of the settlement fund went to a charity pusuant to the "cy pres" doctrine. We have no further information showing activity in the case.

Kristen Sagar - 03/23/2009


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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) Knox County, Maine
Plaintiff Description All people who, after 11-19-96, were strip-searched at the Knox County Jail (ME) without individualized reasonable suspicion, and who were awaiting their first court appearance or bail on charges that did not involve weapons, drugs, or a violent felony.
Indexed Lawyer Organizations Washington Lawyers' Committee
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - n/a
Case Closing Year n/a
Case Ongoing No
Case Listing JC-ME-0001 : Nilsen v. York County (D. Me.)
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)
2:02-cv-00251-GC (D. Me.) 05/15/2008
JC-ME-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint [] 12/26/2002
JC-ME-0004-0001 PDF | Detail
Defendants' First Amended Answer to Plaintiff's First Amended Complaint 01/30/2003
JC-ME-0004-0003 PDF | Detail
Order Granting Plaintiff's Motion for Class Certification 11/05/2003 (218 F.R.D. 332) (D. Me.)
JC-ME-0004-0030 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Opinion Re: Class Certification) 04/09/2004 (365 F.3d 1)
JC-ME-0004-0029 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Plaintiff's Motion for Approval of Notice to the Class 09/15/2004
JC-ME-0004-0006 PDF | Detail
Order Denying Defendant's Objection to Amended Report of Scheduling Conference and Revised Scheduling Order 11/10/2004 (224 F.R.D. 522) (D. Me.)
JC-ME-0004-0031 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum of Decision and Order Denying the Relief Requested by Plaintiff's Motion in Aid of Identification of Class Members 01/12/2005 (226 F.R.D. 10) (D. Me.)
JC-ME-0004-0032 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Granting in Part and Denying in Part Plaintiffs’ Motion [for Partial] Summary Judgment 11/02/2005 (397 F.Supp.2d 115) (D. Me.)
JC-ME-0004-0002 PDF | WESTLAW| LEXIS | Detail
Order Approving Notice to Class 11/02/2005 (D. Me.)
JC-ME-0004-0007 PDF | Detail
Order on Defendants' Motion for Reconsideration 04/04/2006 (425 F.Supp.2d 159) (D. Me.)
JC-ME-0004-0026 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Denying Defendants' Motion for Certificate of Immediate Appeal of the Decision on the Motion for Summary Judgment and Decision on the Motion for Reconsideration 08/30/2006 (451 F.Supp.2d 253) (D. Me.)
JC-ME-0004-0027 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order on Plaintiff's Motion to Exclude Testimony by Dr. Robinson Beyond the Scope of Disclosure 09/11/2006 (2006 WL 2827604) (D. Me.)
JC-ME-0004-0035 PDF | WESTLAW | Detail
Order Denying Plaintiffs' Motion for Reconsideration (Docket Item No. 294(1)) of a Prior Order of Court 09/18/2006 (2006 WL 2827600 / 2006 U.S.Dist.LEXIS 72149) (D. Me.)
JC-ME-0004-0036 PDF | WESTLAW| LEXIS | Detail
Order Denying Plaintiffs' Motion for Judicial Determination of the Number of People in the Class 09/18/2006 (2006 WL 2827603) (D. Me.)
JC-ME-0004-0037 PDF | WESTLAW | Detail
Order Vacating Prior Order Re: Bifurcation for Trial and Decertifying Class Action on Issues of Eligibility for Class Membership and Determination of Individual Damages 09/19/2006 (2006 WL 2827556 / 2006 U.S.Dist.LEXIS 72244) (D. Me.)
JC-ME-0004-0038 PDF | WESTLAW| LEXIS | Detail
Order Striking Previously Filed Exhibit Lists 09/21/2006 (453 F.Supp.2d 190) (D. Me.)
JC-ME-0004-0028 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 10/01/2006 (D. Me.)
JC-ME-0004-0019 PDF | Detail
Order of Permanent Injunction 10/01/2006 (D. Me.)
JC-ME-0004-0020 PDF | Detail
Defendants' Memorandum of Law in Support of Proposed Injunctive Order 10/10/2006
JC-ME-0004-0008 PDF | Detail
Final Settlement Agreement [Proposed by Defendants] 10/10/2006
JC-ME-0004-0010 PDF | Detail
[Opt Out Letter to Judges] 10/10/2006
JC-ME-0004-0016 PDF | Detail
Final Settlement Agreement 10/10/2006
JC-ME-0004-0018 PDF | Detail
The Court's Proposed Permanent Injunction Pursuant to Settlement Agreement 10/11/2006 (D. Me.)
JC-ME-0004-0012 PDF | Detail
Final Settlement Agreement 10/16/2006
JC-ME-0004-0014 PDF | Detail
Order on Motion for Approval of Class Settlement 10/24/2006 (457 F.Supp.2d 52) (D. Me.)
JC-ME-0004-0015 PDF | WESTLAW| LEXIS | Detail
Settlement Agreement 10/24/2006
JC-ME-0004-0022 PDF | Detail
Order on Motions in Respect to Change of Class Representative 10/24/2006 (2006 WL 3043223) (D. Me.)
JC-ME-0004-0039 PDF | WESTLAW | Detail
Third Final Settlement Agreement 12/15/2006
JC-ME-0004-0004 PDF | Detail
Order on Motion for Approval of Third Final Class Settlement Agreement 12/18/2006 (465 F.Supp.2d 14) (D. Me.)
JC-ME-0004-0033 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
The Court's Permanent Injunction Pursuant to Third Final Settlement Agreement 12/18/2006 (465 F.Supp.2d 17) (D. Me.)
JC-ME-0004-0034 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Plaintiff's Motion for Attorney's Fees, Cost of Litigation and Expenses of Settlement Administration 03/30/2007
JC-ME-0004-0005 PDF | Detail
Plaintiffs' Motion for Final Settlement Approval 03/30/2007
JC-ME-0004-0021 PDF | Detail
Defendants' Response to Plaintiffs' Motion for Final Settlement Approval 04/20/2007
JC-ME-0004-0009 PDF | Detail
Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion for Final Settlement Approval 04/20/2007
JC-ME-0004-0013 PDF | Detail
Order on Motion for Final Approval of Class Settlement 04/24/2007 (D. Me.)
JC-ME-0004-0011 PDF | Detail
Litigation Website 04/27/2007
JC-ME-0004-0023 PDF | Detail
Order for Claims Administrator to Reevaluate Claim Denials 06/18/2007 (D. Me.)
JC-ME-0004-0024 PDF | Detail
Judgment 09/04/2007 (D. Me.)
JC-ME-0004-0025 PDF | Detail
Judges Boudin, Michael (First Circuit, D.D.C.)
JC-ME-0004-0029
Campbell, Levin Hicks (First Circuit, D. Mass.)
JC-ME-0004-0029
Carter, Gene (D. Me.)
JC-ME-0004-0002 | JC-ME-0004-0007 | JC-ME-0004-0008 | JC-ME-0004-0011 | JC-ME-0004-0012 | JC-ME-0004-0015 | JC-ME-0004-0019 | JC-ME-0004-0020 | JC-ME-0004-0024 | JC-ME-0004-0025 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0030 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Cohen, David Michael (D. Me.) [Magistrate]
JC-ME-0004-9000
Lynch, Sandra Lea (First Circuit)
JC-ME-0004-0029
Monitors/Masters None on record
Plaintiff's Lawyers Adamson, Tracie L. (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Billings, James A. (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
DiPrima, Frank P. (New Jersey)
JC-ME-0004-0006 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Friedman, Howard (Massachusetts)
JC-ME-0004-0029
Hoffman, David M. (New Jersey)
JC-ME-0004-0006
Lipman, Sumner H. (Maine)
JC-ME-0004-0001 | JC-ME-0004-0004 | JC-ME-0004-0005 | JC-ME-0004-0006 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0021 | JC-ME-0004-0023 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0030 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Richards, J. Lizette (Massachusetts)
JC-ME-0004-0029
Robitzek, William D. (Maine)
JC-ME-0004-0004 | JC-ME-0004-0013 | JC-ME-0004-0039 | JC-ME-0004-9000
Smith, Benjamin James (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Stolt, Robert J. (Maine)
JC-ME-0004-0001 | JC-ME-0004-0004 | JC-ME-0004-0005 | JC-ME-0004-0006 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0021 | JC-ME-0004-0023 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0030 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Thistle, Dale F. (Maine)
JC-ME-0004-0001 | JC-ME-0004-0004 | JC-ME-0004-0005 | JC-ME-0004-0006 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0021 | JC-ME-0004-0023 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0030 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Webbert, David G. (Maine)
JC-ME-0004-0029
Defendant's Lawyers Dilworth, George T. (Maine)
JC-ME-0004-0004 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0023 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Fadgen, Timothy P. (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Marchesi, Peter T. (Maine)
JC-ME-0004-0003 | JC-ME-0004-0004 | JC-ME-0004-0009 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0023 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0030 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Murphy, Kimberly L. (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0039
Shaffer, Cassandra S. (Maine)
JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Wall, John J. III (Maine)
JC-ME-0004-0004 | JC-ME-0004-0010 | JC-ME-0004-0013 | JC-ME-0004-0014 | JC-ME-0004-0018 | JC-ME-0004-0023 | JC-ME-0004-0026 | JC-ME-0004-0027 | JC-ME-0004-0028 | JC-ME-0004-0029 | JC-ME-0004-0030 | JC-ME-0004-0031 | JC-ME-0004-0032 | JC-ME-0004-0033 | JC-ME-0004-0034 | JC-ME-0004-0035 | JC-ME-0004-0036 | JC-ME-0004-0037 | JC-ME-0004-0038 | JC-ME-0004-0039 | JC-ME-0004-9000
Other Lawyers Claiborne, William Charles III (District of Columbia)
JC-ME-0004-0029
Golden, Deborah Maxine (District of Columbia)
JC-ME-0004-0029
Norris, Christina R. Logsdon (Massachusetts)
JC-ME-0004-0029
Pingeon, James R. (Massachusetts)
JC-ME-0004-0029
Schneiter, Donna A. (Massachusetts)
JC-ME-0004-0029
Wunsch, Sarah (Massachusetts)
JC-ME-0004-0029

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