Case: Cantley v. The West Virginia Regional Jail and Correctional Facility Authority

3:09-cv-00758 | U.S. District Court for the Southern District of West Virginia

Filed Date: Oct. 9, 2009

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On October 9, 2009, an inmate of the West Virginia Regional Jail and Correctional Facility Authority (WVRJA) filed a class-action lawsuit against the WVRJA and the executive director of the facility under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia, Huntington Division. The plaintiff claimed that after his arrest on non-felony charges, he was taken to Western Regional Jail and required to undergo a visual cavity strip search and delousing pursuant to a…

On October 9, 2009, an inmate of the West Virginia Regional Jail and Correctional Facility Authority (WVRJA) filed a class-action lawsuit against the WVRJA and the executive director of the facility under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia, Huntington Division.

The plaintiff claimed that after his arrest on non-felony charges, he was taken to Western Regional Jail and required to undergo a visual cavity strip search and delousing pursuant to a WVRJA policy. Plaintiff argues that this strip search and delousing policy as applied to pretrial detainees charged with misdemeanors or other minor crimes is unconstitutional under the Fourth and Fourteenth Amendments. The plaintiff brings this action on behalf of himself and others similarly situated seeking declaratory and injunctive relief, compensatory damages, and attorneys' fees and costs.

On October 28, 2009, the defendants filed a motion to dismiss the action. On August 05, 2010, Judge Robert C. Chambers denied the defendants' motion to dismiss.

Discovery proceeded in this case until June 1, 2011, when Judge Chambers signed the parties’ proposed stipulation to stay further proceedings in this matter until after the United States Supreme Court issued a decision in Florence v. Board of Chosen Freeholders, another strip search case in a jail setting. The court's decision in Florence, delivered on April 12, 2012, held that correctional officials have a significant interest in searching detainees to ensure they are not bringing any contraband into a facility, even when detainees are held for minor offenses.

On September 13, 2012, the plaintiffs filed a third amended complaint and the parties proceeded with discovery. On August 12, 2013, the defendants filed a motion for summary judgement. On August 27, 2013, the plaintiffs responded with a cross-motion for summary judgement. On October 4, 2013, Judge Robert C. Chambers released an order granting the defendant's motion for summary judgement and denying the plaintiff's. Judge Chambers ruled that based on the precedent set in Florence, defendant's strip search and delousing of plaintiff was not unconstitutional, and in doing so denied plaintiff's class-action certification. The case is now closed.

Summary Authors

Xin Chen (5/9/2011)

Kat Brausch (3/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5452384/parties/cantley-v-the-west-virginia-regional-jail-and-correctional-facility/


Judge(s)

Chambers, Robert Charles (West Virginia)

Attorney for Plaintiff

Karon, Daniel R. (Ohio)

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Attorney for Defendant

Boggs, Joshua K. (West Virginia)

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Documents in the Clearinghouse

Document

3:09-cv-00758

Docket (PACER)

Dec. 23, 2014

Dec. 23, 2014

Docket
1

3:09-cv-00758

Class Action Complaint

July 1, 2009

July 1, 2009

Complaint
14-1

3:09-cv-00758

Exhibit to First Amended Class Action Complaint

Oct. 9, 2009

Oct. 9, 2009

Internal memorandum
14

3:09-cv-00758

First Amended Class Action Complaint

Oct. 9, 2009

Oct. 9, 2009

Complaint
17

3:09-cv-00758

Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint

Oct. 28, 2009

Oct. 28, 2009

Pleading / Motion / Brief
23

3:09-cv-00758

Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Nov. 17, 2009

Nov. 17, 2009

Pleading / Motion / Brief
32

3:09-cv-00758

Memorandum Opinion and Order

Aug. 5, 2010

Aug. 5, 2010

Order/Opinion

728 F.Supp.2d 728

89

3:09-cv-00758

Third Amended Class Action Complaint

Sept. 14, 2012

Sept. 14, 2012

Complaint
107

3:09-cv-00758

Memorandum Opinion and Order

May 30, 2013

May 30, 2013

Order/Opinion

2013 WL 2013

177

3:09-cv-00758

Memorandum Opinion and Order

Cantley v. West Virginia Regional Jail and Correctional Facility Authority

Oct. 4, 2013

Oct. 4, 2013

Order/Opinion

2013 WL 2013

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5452384/cantley-v-the-west-virginia-regional-jail-and-correctional-facility/

Last updated March 23, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
32

MEMORANDUM OPINION AND ORDER denying 16 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 8/5/2010. (cc: attys; any unrepresented party) (dcm)

Aug. 5, 2010

Aug. 5, 2010

RECAP
107

MEMORANDUM OPINION AND ORDER denying Defendants' 95 RENEWED MOTION to Dismiss Plaintiffs' Third Amended Complaint; granting Plaintiffs' 102 MOTION and REQUEST for a Status Conference with the Court; scheduling a telephone conferen ce to be held on 6/11/2013 at 11:00 a.m. to discuss discovery and scheduling issues; directing counsel for Plaintiffs to initiate the call with counsel for Defendants and the Court. Signed by Judge Robert C. Chambers on 5/30/2013. (cc: attys; any unrepresented parties) (mkw)

May 30, 2013

May 30, 2013

RECAP
177

MEMORANDUM OPINION AND ORDER granting 149 Defendant's MOTION for Summary Judgment; denying Plaintiff's 157 MOTION for Summary Judgment; the Court Dismisses this case from the docket of the Court. Signed by Judge Robert C. Chambers on 10/4/2013. (cc: attys; any unrepresented party) (skm)

Oct. 4, 2013

Oct. 4, 2013

RECAP

Case Details

State / Territory: West Virginia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 9, 2009

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who were charged with misdemeanors or minor crimes and were strip searched upon their entry into the West Virginia Regional Jail System.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

West Virginia Regional Jail System (Cabell), Regional

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Type of Facility:

Government-run