This case, styled Robinson, et al. v. Sacramento County, et al. No. CIV.S.04-1617 FCD/PAN, was one of two class actions filed by private attorney Mark E. Merin filed in the U.S. District Court for the Eastern District of California, challenging the Sacramento County and Sacramento County Probation Department policy of strip searching juveniles at Sacramento County Juvenile Hall. The Robinson case was filed August 10, 2004 The other case, styled Kozlowski, et al. v. Sacramento County, et al., No. CIV.S.04-2381 FCD/DAD [JI-CA-18 of this collection], was filed on November 5, 2004, Both cases were declared "related" and assigned to the Honorable Frank C. Damrell, Jr.

Defendants filed answers in both cases generally denying all allegations of wrong doing or liability. A new strip search policy was instituted on September 29, 2004, to conform with state and federal law.

After extensive document discovery and depositions, the parties mediated the cases before the Honorable Raul A. Ramirez (retired). The mediation, which lasted four days, spread out over three months, produced a settlement. Under the Stipulation for Settlement, the parties agreed that the settlement class consisted of:

a. All juveniles booked and assigned to a unit at Sacramento County Juvenile Hall and strip searched during the class period (January 1, 1998, through October 1, 2004);

b. The sub-class of juveniles who were booked on misdemeanor, infraction, ordinance violation, or other non-felony offenses not involving violence, drugs or weapons, assigned to a unit and strip searched during the period of their incarceration;

c. The sub-class of all juveniles booked at Sacramento County Juvenile Hall on felony charges not involving violence, drugs or weapons who were assigned to a unit and strip searched during the period of their incarceration.

The County agreed to pay the $4.280 million to settle all class claims. Of that amount, $1.5 million was allocated as attorney's fees and reimbursement costs and expenses; $350,000.00 for the costs of claim administration and $280,000.00 for incentive payments to the representative plaintiffs. The remainder went to pay class claims. The District Court (Judge Frank C. Damrell) preliminarily approved the settlement on August 11, 2006. Following a fairness hearing on March 2, 2007, Judge Damrell entered the final approval order and judgment.

Dan Dalton - 03/10/2008


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