Case: Haney v. Miami-Dade County

1:04-cv-20516 | U.S. District Court for the Southern District of Florida

Filed Date: March 5, 2004

Closed Date: Oct. 7, 2005

Clearinghouse coding complete

Case Summary

In November 2003, high officials from dozens of Western Hemisphere countries, and thousands of protesters, came to Miami for a meeting on the "Free Trade Area of the Americas." Several hundred of the protesters were arrested, most on misdemeanor charges such as "failure to obey" police orders to disperse. Officers at the Miami Pre-Trial Detention Center strip searched the women protestors, conducting a visual body-cavity search. When Judith Haney, one of the protestors who had been searched …

In November 2003, high officials from dozens of Western Hemisphere countries, and thousands of protesters, came to Miami for a meeting on the "Free Trade Area of the Americas." Several hundred of the protesters were arrested, most on misdemeanor charges such as "failure to obey" police orders to disperse. Officers at the Miami Pre-Trial Detention Center strip searched the women protestors, conducting a visual body-cavity search.

When Judith Haney, one of the protestors who had been searched got home to California, she got in touch with Mark Merin, the lawyer who representing plaintiffs challenging similar conduct in San Francisco and Sacramento. Merin brought in the Florida Justice Institute, an organization well known for its work on behalf of prison and jail inmates. They filed the case in March 2004 in the Southern District of Florida as a (putative) class action.

The city disagreed on the facts, and also argued that the plaintiffs lacked standing to seek injunctive relief (since none of them lived in Miami and was likely to be arrested again). The case was assigned to Adalberto Jordan, a Clinton appointee to the U.S. District Court for the Southern District of Florida. In August 2004, Judge Jordan denied the city's motion to dismiss the injunctive claims. Haney v. Miami-Dade County, 2004 U.S. Dist. LEXIS 19552 (S.D. Fla. Aug. 24, 2004).

The parties reached agreement in February 2005, setting the class as women improperly strip searched from March 5, 2000 until February 28, 2005. The jail implemented a new policy, which allowed strip searches prior to formal first appearance before a judge and subsequent incarceration in general population only if the charged offense involved violence, weapons, or drugs, or if there was some other individualized suspicion relating to contraband. (The new policy was entered in court in a stipulation as part of the settlement papers.)

The monetary settlement was $6.25 million--$4,550,000 for verified claims by class members; $1 million for attorneys' fees; $100,000 for plaintiffs' costs and expenses; $300,000 for the five class representatives; and $300,000 for settlement administration. About 1000 women submitted claims, and split the $4.55 million with each person's share based on the number of times she was strip searched and other aggravating circumstances.

Summary Authors

Margo Schlanger (7/15/2007)

People


Judge(s)

Anderson, Terence J (Florida)

Barkett, Rosemary (Florida)

Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Attorney for Defendant

Ehrlich, Jeffrey Paul (Florida)

Expert/Monitor/Master/Other

Brown, Stephen Thomas (Florida)

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Documents in the Clearinghouse

Document

1:04-cv-20516

Docket [PACER]

Oct. 31, 2006

Oct. 31, 2006

Docket
1

1:04-cv-20516

Complaint (Class Action)

March 5, 2004

March 5, 2004

Complaint
21

1:04-cv-20516

Second Amended Complaint (Class Action)

May 4, 2004

May 4, 2004

Pleading / Motion / Brief
37-2

1:04-cv-20516

Order Denying Defendants' Motion to Dismiss

Aug. 24, 2004

Aug. 24, 2004

Order/Opinion

2004 WL 2004

38-2

1:04-cv-20516

Agreed Motion to Modify Scheduling Order

Dec. 21, 2004

Dec. 21, 2004

Pleading / Motion / Brief
42-2

1:04-cv-20516

Mediation Report

Feb. 11, 2005

Feb. 11, 2005

Monitor/Expert/Receiver Report
53-2

Miami-Dade County Frisk and Strip Search Procedures (D.S.O.P. No. 11-022)

No Court

March 16, 2005

March 16, 2005

Statute/Ordinance/Regulation
53-2

Proposed claim form and class notice (eventually modified)

No Court

April 11, 2005

April 11, 2005

Notice Letter
53-2

1:04-cv-20516

Stipulation of Settlement

April 13, 2005

April 13, 2005

Settlement Agreement
49-2

1:04-cv-20516

Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action

April 13, 2005

April 13, 2005

Pleading / Motion / Brief

Docket

Last updated March 21, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $150.00 RECEIPT # 897694 ; Magistrate Judge Stephen T. Brown (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

2

SUMMONS(ES) issued for Miami-Dade County (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

3

SUMMONS(ES) issued for Miami Dade Rehab (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

4

SUMMONS(ES) issued for Women's Detention (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

5

SUMMONS(ES) issued for Pretrial Detention (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

6

MOTION by Judith Haney, Liat Mayer, Jamie Loughner (Attorney ) for JeffreyI. Schwarzschild to appear pro hac vice (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 897699 (for motion to appear pro hac vice - DE6) (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

7

MOTION by Judith Haney, Liat Mayer, Jamie Loughner (Attorney ) for Mark E. Merin to appear pro hac vice (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 897696 i (for motion to appear pro hac vice - DE7) (gz, Deputy Clerk) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

9

ORDER granting [6-1] motion for JeffreyI. Schwarzschild to appear pro hac vice ( Signed by Judge Adalberto Jordan on 3/5/04) [EOD Date: 3/10/04] (gz, Deputy Clerk) (Entered: 03/10/2004)

March 9, 2004

March 9, 2004

10

MOTION by Judith Haney, Liat Mayer, Jamie Loughner (Attorney ) for Andrew Z. Schwartz to appear pro hac vice (cj, Deputy Clerk) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # (cj, Deputy Clerk) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

11

RETURN OF SERVICE executed for Women's Detention by serving on 3/8/04 Answer due on 3/29/04 for Women's Detention (gz, Deputy Clerk) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

12

RETURN OF SERVICE executed for Miami-Dade County by serving Alex Penelas on 3/5/04 Answer due on 3/25/04 for Miami-Dade County (gz, Deputy Clerk) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

13

RETURN OF SERVICE executed for Pretrial Detention by serving Acting Captain M. Aladro on 3/8/04 Answer due on 3/29/04 for Pretrial Detention (gz, Deputy Clerk) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

14

ORDER granting [10-1] motion for Andrew Z. Schwartz to appear pro hac vice ( Signed by Judge Adalberto Jordan on 3/16/04) [EOD Date: 3/17/04] (gz, Deputy Clerk) (Entered: 03/17/2004)

March 16, 2004

March 16, 2004

15

RETURN OF SERVICE executed for Miami Dade Rehab on 3/15/04 Answer due on 4/5/04 for Miami Dade Rehab (gz, Deputy Clerk) (Entered: 03/19/2004)

March 18, 2004

March 18, 2004

16

Agreed-to MOTION by Miami-Dade County (Attorney Richard Brian Rosenthal, Jeffrey Paul Ehrlich) to extend time to respond to the complaint (gz, Deputy Clerk) (Entered: 03/19/2004)

March 18, 2004

March 18, 2004

17

ORDER granting [16-1] motion to extend time to respond to the complaint reset answer due for 4/12/04 for Does, for Pretrial Detention, for Women's Detention, for Miami Dade Rehab, for Miami-Dade County ( Signed by Judge Adalberto Jordan on 3/22/04) [EOD Date: 3/23/04] (gz, Deputy Clerk) (Entered: 03/23/2004)

March 22, 2004

March 22, 2004

18

MOTION by Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention (Attorney ) to dismiss claims for injunctive relief (gz, Deputy Clerk) (Entered: 04/13/2004)

April 12, 2004

April 12, 2004

19

MOTION with memorandum in support by Judith Haney, Liat Mayer, Jamie Loughner to strike [18-1] motion to dismiss claims for injunctive relief certificate of pre-filing conference (cj, Deputy Clerk) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

21

SECOND AMENDED COMPLAINT by Judith Haney, Liat Mayer, Jamie Loughner , (Answer due 5/14/04 for Does, for Pretrial Detention, for Women's Detention, for Miami Dade Rehab, for Miami-Dade County ) amending [20-1] amended complaint adding Darcy Smith, Amanda Wells, Charles J. McRay, B. Fuller, Aladro M. (wc, Deputy Clerk) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

22

MOTION by Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention, Charles J. McRay, B. Fuller, Aladro M. to extend time to respond second amended complaint (gz, Deputy Clerk) (Entered: 05/21/2004)

May 20, 2004

May 20, 2004

23

MOTION by Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention, Does, Charles J. McRay, B. Fuller, Aladro M. to dismiss request for injunctive relief in their second amended complaint (gz, Deputy Clerk) (Entered: 05/28/2004)

May 27, 2004

May 27, 2004

24

Scheduling Conference Report with attached joint proposed scheduling order by Judith Haney, Liat Mayer, Jamie Loughner, Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention, Does, Darcy Smith, Amanda Wells, Charles J. McRay, B. Fuller, Aladro M. (gz, Deputy Clerk) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

25

ORDER setting answer to second amended complaint for 6/9/04 for Aladro M., for B. Fuller, for Charles J. McRay, for Does, for Pretrial Detention, for Women's Detention, for Miami Dade Rehab, for Miami- Dade County granting nunc pro tunc [22-1] motion to extend time to respond second amended complaint, denying [19-1] motion to strike [18- 1] motion to dismiss claims for injunctive relief, denying [18-1] motion to dismiss claims for injunctive relief ( Signed by Judge Adalberto Jordan on 6/3/04) [EOD Date: 6/4/04] (hd, Deputy Clerk) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

26

ORDER setting Schedule, Requiring Mediation and Referring Certain Motions to Magistrate Judge Jury trial set for 8/22/05; Calendar call set for 9:00 8/16/05; Discovery cutoff 3/1/05 ; Deadline for filing of all motions by 4/15/05; Pretrial Stipulation due on or before 5/16/05 ( Signed by Judge Jose E. Martinez on 6/8/04 for Adalberto Jordan) [EOD Date: 6/9/04] CCAP (gz, Deputy Clerk) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

26

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Jose E. Martinez on 6/8/04 for Adalberto Jordan) [EOD Date: 6/9/04] (gz, Deputy Clerk) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

26

ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Stephen T. Brown ( Signed by Judge Jose E. Martinez on 6/8/04 for Adalberto Jordan) CCAP [EOD Date: 6/9/04] (gz, Deputy Clerk) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

28

RESPONSE in opposition by Judith Haney, Liat Mayer, Jamie Loughner, Darcy Smith, Amanda Wells to [23-1] motion to dismiss request for injunctive relief in their second amended complaint (gz, Deputy Clerk) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

29

NOTICE of withdrawal of counsel by Richard B. Rosenthal, Esq. by Miami-Dade County (gz, Deputy Clerk) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

30

REPLY by Judith Haney, Liat Mayer, Jamie Loughner, Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention, Charles J. McRay, Aladro M. to response to [23-1] motion to dismiss request for injunctive relief in their second amended complaint (gz, Deputy Clerk) (Entered: 06/25/2004)

June 24, 2004

June 24, 2004

31

NOTICE of non-consent to Magistrate Judge by All Defendants, All Plaintiffs (gz, Deputy Clerk) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

32

NOTICE of filing attached order scheduling mediation by All Defendants, All Plaintiffs (gz, Deputy Clerk) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

33

ORDER SCHEDULING MEDIATION before Mediator: Gerald T. Wetherington for 2/7/05 at 10:30 ( Signed by Judge Adalberto Jordan on 7/12/04) [EOD Date: 7/13/04] (gz, Deputy Clerk) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

34

MOTION by Judith Haney, Liat Mayer, Jamie Loughner (Attorney ) to extend time to respond to discovery on Smith, Loughner and Wells (cj, Deputy Clerk) (Entered: 08/03/2004)

July 30, 2004

July 30, 2004

35

RESPONSE by Miami-Dade County to [34-1] motion to extend time to respond to discovery on Smith, Loughner and Wells (hd, Deputy Clerk) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

36

ORDER granting [34-1] motion to extend time to respond to discovery on Smith, Loughner and Wells through and including 8/23/04 ( Signed by Magistrate Stephen T. Brown on 8/10/04) [EOD Date: 8/11/04] (gz, Deputy Clerk) (Entered: 08/11/2004)

Aug. 10, 2004

Aug. 10, 2004

37

ORDER denying [23-1] motion to dismiss request for injunctive relief in their second amended complaint (Signed by Judge Adalberto Jordan on 08/24/04) [EOD Date: 8/26/04] (ra, Deputy Clerk) (Entered: 08/26/2004)

Aug. 24, 2004

Aug. 24, 2004

38

Agreed MOTION by All Plaintiffs, All Defendants to amend [26-1] Scheduling order (gz, Deputy Clerk) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

39

ORDER as to [38-1] motion to amend [26-1] Scheduling order reset Jury trial for 12/5/05 before Judge Adalberto Jordan , reset calendar call for 9:00 11/29/05 before Judge Adalberto Jordan , reset motion filing deadline for 8/15/05 , reset discovery deadline for 7/1/05 , reset pretrial stipulation due for 9/15/05 ( Signed by Judge Adalberto Jordan on 1/3/05) [EOD Date: 1/4/05] (gz, Deputy Clerk) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

41

RE-NOTICE of Scheduling Mediation Hearing on 02/07/05 at 9:00 a.m. (bb, Deputy Clerk) (Entered: 01/07/2005)

Jan. 6, 2005

Jan. 6, 2005

42

FINAL report of Mediator. Disposition: SETTLED (gz, Deputy Clerk) (Entered: 02/11/2005)

Feb. 10, 2005

Feb. 10, 2005

43

ORDER Requiring Stipulation of Dismissal with prejudice no later than 3/15/05 ( Signed by Judge Adalberto Jordan on 2/16/05) [EOD Date: 2/17/05] (gz, Deputy Clerk) (Entered: 02/17/2005)

Feb. 16, 2005

Feb. 16, 2005

44

Joint STATUS REPORT regarding settlement by All Defendants, All Plaintiffs (gz, Deputy Clerk) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

45

ORDER Regarding Settlement, parties shall file a status report regarding settlement no later than 4/8/05 ( Signed by Judge Adalberto Jordan on 3/15/05) [EOD Date: 3/17/05] (gz, Deputy Clerk) (Entered: 03/17/2005)

March 16, 2005

March 16, 2005

46

ORDER/Certification Regarding Referred Case pursuant to Administrative Order # 2005-9, the above-captioned case has no pending, fully briefed, referred motions and is ready for reassignment to Magistrate Judge Theodore Klein ( Signed by Magistrate Stephen T. Brown on 4/4/05) [EOD Date: 4/6/05] (gz, Deputy Clerk) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

Magistrate identification: Magistrate Judge Theodore Klein (gz, Deputy Clerk) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

47

Joint STATUS REPORT regarding settlement by All Plaintiffs, All Defendants (gz, Deputy Clerk) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

47

MOTION by All Plaintiffs, All Defendants (Attorney ) for Hearing to preliminarily approve settlement (gz, Deputy Clerk) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

48

ORDER/Notice of Hearing set settlement conference for 9:00 4/18/05 before Judge Adalberto Jordan ( Signed by Judge Adalberto Jordan on 4/12/05) [EOD Date: 4/13/05] (gz, Deputy Clerk) (Entered: 04/13/2005)

April 12, 2005

April 12, 2005

49

Stipulated MOTION by All Plaintiffs for preliminary approval of provisional settlement class and settlement of class action (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

50

Stipulated MOTION by All Plaintiffs for preliminary approval of provisional settlement class and settlement of class action (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

51

Stipulated MOTION by All Plaintiffs for preliminary approval of provisional settlement class and settlement of class action (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

52

Stipulated MOTION by All Plaintiffs for preliminary appproval of provisional settlement class and settlement of class action (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

53

STIPULATION of settlement by All Plaintiffs (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

54

STIPULATION of settlement by All Plaintiffs (gz, Deputy Clerk) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

55

Minutes of settlement hearing held before Judge Adalberto Jordan on 4/18/05; Court Reporter Name or Tape #: Francine Salopek (gz, Deputy Clerk) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

Settlement conference held before Judge Adalberto Jordan (gz, Deputy Clerk) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

56

ORDER for Preliminary Approval of Settlement of class action ( Signed by Judge Adalberto Jordan on 4/18/05) [EOD Date: 4/19/05] (gz, Deputy Clerk) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

57

Third AMENDED COMPLAINT by All Plaintiffs , (Answer due 4/28/05 for Miami-Dade County, for Miami Dade Rehab, for Women's Detention, for Pretrial Detention ) amending [1-1] complaint (gz, Deputy Clerk) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

58

ORDER of Magistrate Judge Reassignment in accordance with Administrative Order 2005-9, the case is reassigned to United States Magistrate Judge Theodore Klein. ( Signed by Judge Adalberto Jordan on 4/18/05) [EOD Date: 4/20/05] (gz, Deputy Clerk) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

59

JOINT MOTION by All Defendants, All Plaintiffs to release social security numbers to class counsel and claims administrators (gz, Deputy Clerk) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

60

ORDER granting [59-1] joint motion to release social security numbers to class counsel and claims administrators ( Signed by Judge Adalberto Jordan on 05/24/05) [EOD Date: 5/25/05] (sk, Deputy Clerk) (Entered: 05/25/2005)

May 24, 2005

May 24, 2005

61

APPLICATION/MOTION by All Plaintiffs (Attorney ) for approval of stipulated attorney fees and reimbursement of costs (Former Deputy Clerk) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

62

Notice of filing exhibits to: [61-1] motion for approval of stipulated attorney fees and reimbursement of costs by All Plaintiffs (Former Deputy Clerk) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

63

Notice of filing ehibits to: [61-1] motion for approval of stipulated attorney fees and reimbursement of costs by All Plaintiffs (Former Deputy Clerk) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

64

Notice of filing exhibits to: [61-1] motion for approval of stipulated attorney fees and reimbursement of costs by All Plaintiffs (Former Deputy Clerk) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

65

Joint submission supporting final approval of stipulated settlement by Miami-Dade County, Miami Dade Rehab, Women's Detention, Pretrial Detention, Does, Charles J. McRay, B. Fuller, Aladro M., All Defendants, All Plaintiffs (hd, Deputy Clerk) (Entered: 09/09/2005)

Sept. 7, 2005

Sept. 7, 2005

66

NOTICE of filing proposed agreed order and judgment of dismissal by Judith Haney, Liat Mayer, Jamie Loughner (ra, Deputy Clerk) (Entered: 09/22/2005)

Sept. 16, 2005

Sept. 16, 2005

67

MOTION by All Plaintiffs (Attorney ) to opt-out of class action settlement out of time re Ana Martin (sk, Deputy Clerk) (Entered: 09/22/2005)

Sept. 20, 2005

Sept. 20, 2005

70

NOTICE of attorney appearance for Ann Martin by Hugh L. Koerner (sk, Deputy Clerk) (Entered: 09/26/2005)

Sept. 20, 2005

Sept. 20, 2005

68

Notice of filing MARK PATTON AFFIDAVIT by All Plaintiffs Re: [65- 1] Joint submission supporting final approval of stipulated settlement (sk, Deputy Clerk) (Entered: 09/23/2005)

Sept. 21, 2005

Sept. 21, 2005

69

MEMORANDUM by All Defendants in opposition to [67-1] motion to opt-out of class action settlement out of time re Ana Martin (sk, Deputy Clerk) (Entered: 09/26/2005)

Sept. 22, 2005

Sept. 22, 2005

71

ORDER Reply to Response to Motion reset to 9/28/05 for [67-1] motion to opt-out of class action settlement out of time re Ana Martin ( Signed by Judge Adalberto Jordan on 09/23/05) [EOD Date: 9/26/05] (sk, Deputy Clerk) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

Fairness/Status conference held before Judge Adalberto Jordan (sk, Deputy Clerk) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

72

Minutes of Fairness hearing held before Judge Adalberto Jordan on 09/23/05; Court Reporter Name or Tape #: David (illegible) (sk, Deputy Clerk) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

73

REPLY by Ann Martin to response to [67-1] motion to opt-out of class action settlement out of time re Ana Martin (sk, Deputy Clerk) (Entered: 09/27/2005)

Sept. 24, 2005

Sept. 24, 2005

74

ORDER denying [67-1] motion to opt-out of class action settlement out of time re Ana Martin ( Signed by Judge Adalberto Jordan on 10/07/05) [EOD Date: 10/11/05] (sk, Deputy Clerk) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

75

AGREED ORDER and judgment of dismissal ( Signed by Judge Adalberto Jordan on 10/06/05) [EOD Date: 10/11/05] (sk, Deputy Clerk) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

CASE CLOSED. Case and Motions no longer referred to Magistrate. (sk, Deputy Clerk) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

76

NOTICE OF APPEAL by Ann Martin of [74-1] order EOD Date: 10/11/05; Filing Fee: $ 255.00; Receipt #: 930105 Copies to USCA and Counsel of Record. (pc, Deputy Clerk) (Entered: 11/09/2005)

Nov. 7, 2005

Nov. 7, 2005

Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [76-1] appeal by Ann Martin as to Ann Martin (pc, Deputy Clerk) (Entered: 11/09/2005)

Nov. 7, 2005

Nov. 7, 2005

77

Transcript Information Form re: as to Ann Martin [76-1] appeal by Ann Martin . No transcript requested. (hh, Deputy Clerk) (Entered: 12/02/2005)

Dec. 1, 2005

Dec. 1, 2005

78

NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 11/14/05 as to Judith Haney Re: [76-1] appeal by Ann Martin USCA NUMBER: 05-16266-J (pc, Deputy Clerk) (Entered: 12/12/2005)

Dec. 9, 2005

Dec. 9, 2005

79

NOTICE of Change of Address of attorney by Judith Haney, Liat Mayer, Jamie Loughner (bs, Deputy Clerk) (Entered: 12/20/2005)

Dec. 19, 2005

Dec. 19, 2005

80

MOTION by All Plaintiffs for Cullin A. O'Brien to withdraw as attorney (dg, Deputy Clerk) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

81

ORDER granting [80-1] motion for Cullin A. O'Brien to withdraw as attorney ( Signed by Judge Adalberto Jordan on 02/17/06) [EOD Date: 2/22/06] (sk, Deputy Clerk) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

82

JOINT MOTION by All Plaintiffs, All Defendants to permit the release of Social Security numbers and additional class member information to Wachovia Financial Institution (ra, Deputy Clerk) (Entered: 04/14/2006)

April 13, 2006

April 13, 2006

83

ORDER granting [82-1] joint motion to permit the release of Social Security numbers and additional class member information to Wachovia Financial Institution ( Signed by Judge Adalberto Jordan on 04/20/06) [EOD Date: 4/24/06] (sk, Deputy Clerk) (Entered: 04/24/2006)

April 21, 2006

April 21, 2006

84

Certificate of readiness as to Ann Martin transmitted to USCA Re: [76-1] appeal by Ann Martin USCA NUMBER: 05-16266-J (pc, Deputy Clerk) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

Transmitted record on appeal as to Ann Martin to U.S. Court of Appeals: (Atlanta/Office) Consisting of (3) Volumes of Pleadings in re: [76-1] appeal by Ann Martin (pc, Deputy Clerk) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

85

Acknowledgement of Receipt of COR/ROA from USCA on 4/17/06 in re: appeal by Judith Haney (pc, Deputy Clerk) (Entered: 05/10/2006)

May 5, 2006

May 5, 2006

86

MANDATE OF USCA (certified copy)affirming judgment/order of the district court with court's opinion; Bill of Costs are hereby taxed in the amount of $50.40 against Appellant and are payable directly to Appellee [76-1] appeal Mandate Issued Date: 9/28/06; USCA Appeal #: 05-16266- JJ; Copy to Judge. (nc, Deputy Clerk) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

87

Appeal Record Returned: (Miami/Records) Consisting of (3) Volumes of Pleadings 76 Notice of Appeal (pc) (Entered: 11/07/2006)

Oct. 31, 2006

Oct. 31, 2006

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 5, 2004

Closing Date: Oct. 7, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All women arrested on non-felony charges from 3/1/00 - 2/28/05 who were subjected to pre-first appearance strip and/or visual body cavity searches without reasonable suspicion of contraband by any jail facility operated by Miami-Dade County.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Miami-Dade County (Miami-Dade), County

Miami-Dade County Department of Corrections and Rehabilitation (Miami-Dade), County

Miami-Dade Pretrial Detention Center (Miami-Dade), County

Miami-Dade Women's Detention Center (Miami-Dade), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - None

Issues

General:

Search policies

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run