Case: DeToledo v. County of Suffolk

1:03-cv-10834 | U.S. District Court for the District of Massachusetts

Filed Date: May 5, 2003

Closed Date: Nov. 16, 2005

Clearinghouse coding complete

Case Summary

This case was originally filed in Massachusetts State Court, Suffolk County on March 21, 2001, three years following the allegedly illegal activity. After two more years, the case was removed to the United States District Court for the District of Massachusetts. The plaintiffs, visitors to the South Bay House of Corrections who were mistakenly arrested and in the case of one, strip searched, claimed violations of their Fourth Amendment rights.

On Novemeber 16, 2005, the parties settled and the case was dismissed. No details of the settlement are available.

Summary Authors

Denise Heberle (8/7/2012)

People


Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorney for Plaintiff

Bourque, Susan M. (Massachusetts)

Parker, Eric J. (Massachusetts)

Attorney for Defendant

Cawley, Kathleen (Massachusetts)

Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorney for Defendant

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Documents in the Clearinghouse

Document

SUCV2001-01297

Docket [MA State Court]

Detoledo v. Suffolk County

Massachusetts state trial court

May 12, 2003

May 12, 2003

Docket

1:03-cv-10834

Docket [PACER]

Detoledo v. Suffolk County, et al

Nov. 16, 2005

Nov. 16, 2005

Docket
11

1:03-cv-10834

Defendants' Memorandum in Support of Their Motion for Summary Judgment

Detoledo v. Suffolk County

Sept. 17, 2004

Sept. 17, 2004

Pleading / Motion / Brief
18

1:03-cv-10834

Memorandum and Order on Individuals Defendants' Motion for Summary Judgment

Detoledo v. Suffolk County

July 26, 2005

July 26, 2005

Order/Opinion

379 F.Supp.2d 379

20

1:03-cv-10834

Defendants County of Suffolk and Angelo Rao's Answer to Plaintiff's Second Amended Complaint

Aug. 12, 2005

Aug. 12, 2005

Pleading / Motion / Brief
24

1:03-cv-10834

Settlement Order of Dismissal

Detoledo v. Suffolk County

Nov. 16, 2005

Nov. 16, 2005

Order/Opinion

Docket

Last updated March 23, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

Notice of Removal filed. Received from: Suffolk; State Court Docket #: 01-1297. Assigned to: Judge Stearns Receipt #: 46945 Amount: $ 150.. Fee status: paid (eaf) Additional attachment(s) added on 11/9/2004 (Flaherty, Elaine). (Entered: 05/07/2003)

May 5, 2003

May 5, 2003

Case assigned to to Mag. Judge Robert B. Collings for any future references (eaf) (Entered: 05/07/2003)

May 5, 2003

May 5, 2003

3

NOTICE of Scheduling Conference Scheduling Conference set for 11/10/2003 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. Copies sent to counsel.(Johnson, Mary) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

4

MOTION to Continue scheduling conference by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 10/20/2003)

Oct. 14, 2003

Oct. 14, 2003

Judge Richard G. Stearns : electronic ORDER entered granting 4 Motion to Continue. The 16b conf. is re-scheduled toNOVEMBER 17, 2003 AT 3:45 P.M. (Johnson, Mary) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

5

JOINT STATEMENT re scheduling conference. (Flaherty, Elaine) (Entered: 11/18/2003)

Nov. 6, 2003

Nov. 6, 2003

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Scheduling Conference held on 11/17/2003. Attys. Parker and Bricault present for the pltfs. Atty. Cawley present for the defts. All fact discovery shall be completed by June 15, 2004. Dispositive motions shall be filed by July 15, 2004, with responses due 21 days thereafter. Reply brief within one week. If by June 15, 2004 counsel feel that experts are necessary, they shall file a motion to extend the discovery schedule with the Court. (Court Reporter None.) (Johnson, Mary) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

6

CERTIFICATION pursuant to Local Rule 16.1 by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 11/21/2003)

Nov. 17, 2003

Nov. 17, 2003

7

CERTIFICATION pursuant to Local Rule 16.1 by Antonia Detoledo, Liana Williams.(Flaherty, Elaine) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

8

MOTION for Extension of Time to 8/13/04 to complete discovery and to 9/15/04 to file dispositive motions by Antonia Detoledo, Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams.(Flaherty, Elaine) (Entered: 05/19/2004)

May 18, 2004

May 18, 2004

Judge Richard G. Stearns : EndorsedORDER entered granting 8 Motion for Extension of Time (Flaherty, Elaine) (Entered: 05/24/2004)

May 20, 2004

May 20, 2004

9

MOTION for Extension of Time to 09/17/04 to File Motion for Summary Judgment by Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas.(Cawley, Kathleen) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

Judge Richard G. Stearns : Electronic ORDER entered granting 9 Motion for Extension of Time (Flaherty, Elaine) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

10

MOTION for Summary Judgment by Angelo Rao, Janet Sinclair, Sylvia Thomas.(Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

11

MEMORANDUM in Support re 10 MOTION for Summary Judgment filed by Angelo Rao, Janet Sinclair, Sylvia Thomas. (Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

13

Partial STIPULATION of Dismissal (of certain counts) by Antonia Detoledo, Owen Julius, Angelo Rao, Janet Sinclair, Suffolk County, Sylvia Thomas, Liana Williams. (Flaherty, Elaine) (Entered: 09/20/2004)

Sept. 17, 2004

Sept. 17, 2004

14

MOTION for Extension of Time to 10/22/04 to oppose summary judgment (#10) by Antonia Detoledo, Liana Williams.(Flaherty, Elaine) Modified on 10/28/2004 (Flaherty, Elaine). (Entered: 10/06/2004)

Oct. 5, 2004

Oct. 5, 2004

***Attorney Susan M. Bourque for Antonia Detoledo and Liana Williams added. (Flaherty, Elaine) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

`Judge Richard G. Stearns : Electronic ORDER entered granting 14 Motion for Extension of Time (Flaherty, Elaine) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

15

MEMORANDUM in Opposition re 10 MOTION for Summary Judgment filed by Antonia Detoledo, Liana Williams. (Flaherty, Elaine) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

16

STATEMENT of facts in opposition to re 10 MOTION for Summary Judgment. (Flaherty, Elaine) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

17

NOTICE of Hearing on Motion 10 MOTION for Summary Judgment: Motion Hearing set for 2/2/2005 03:15 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Motion Hearing held on 2/2/2005 re 10 MOTION for Summary Judgment filed by Angelo Rao,, Janet Sinclair,, Sylvia Thomas,. Matter taken "under advisement". (Court Reporter James Gibbons.) (Johnson, Mary) (Entered: 07/20/2005)

Feb. 2, 2005

Feb. 2, 2005

18

Judge Richard G. Stearns : MEMORANDUM AND ORDER, ENTERED. "The Clerk will assign a trial date on the remaining claims."(Flaherty, Elaine) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

19

Judge Richard G. Stearns : Electronic ORDER entered. PROCEDURAL ORDER re pretrial/trial: Jury Trial set for 11/28/2005 09:00 AM in Courtroom 21 before Judge Richard G. Stearns.(Johnson, Mary) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

20

ANSWER to Complaint with Jury Demand by Suffolk County, Angelo Rao.(Cawley, Kathleen) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

21

Joint CONSENT to Alternative Dispute Resolution by Liana Williams (Bourque, Susan) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

22

Judge Richard G. Stearns : Electronic ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Johnson, Mary) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Electronic Notice of assignment to ADR Provider. ADR Panel member Dennis J. Calcagno, Esq. appointed.(Tyler, Rebecca) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

ELECTRONIC NOTICE of ADR Conference. Mediation set for 11/9/2005 at 10:00 AM before ADR Panel member Dennis Calcagno, Esq. The mediation will be held at Northeast Mediation & Arbitration, Inc. at 21 McGrath Highway Suite 501 Quincy, MA 02169. Confidential mediation memoranda must be sent directly to Atty. Calcagno at the above address no later than November 2, 2005. (Tyler, Rebecca) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

ELECTRONIC NOTICE of CHANGE OF LOCATION of ADR Conference. The mediation will take place at the US Courthouse. It will be held in Courtroom 17 on the 5th floor. All other information remains the same.(Tyler, Rebecca) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

23

REPORT of Alternative Dispute Resolution Provider. ADR Panel member Dennis Calcagno reports case as settled. (See attached report) (Franklin, Yvonne) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

Civil Case Terminated. (Flaherty, Elaine) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

24

Judge Richard G. Stearns : Electronic SETTLEMENT ORDER OF DISMISSAL entered. (Johnson, Mary) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 5, 2003

Closing Date: Nov. 16, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman that officers believed had an outstanding warrant (that had in fact been recalled) who was detained and strip-searched while visiting her fiancé at the South Bay House of Corrections.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Suffolk County (Suffolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Staff (number, training, qualifications, wages)

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run