University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ryan v. Garvey JC-MA-0011
Docket / Court 3:05-cv-30017-MAP ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On January 18, 2005, an individual arrested for a minor offense filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts, challenging the strip search policy of the Hampshire County Jail. Plaintiff alleged that the jail's blanket policy of strip ... read more >
On January 18, 2005, an individual arrested for a minor offense filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Massachusetts, challenging the strip search policy of the Hampshire County Jail. Plaintiff alleged that the jail's blanket policy of strip searching all arrestees regardless of whether there existed any reasonable suspicion that the arrestee was in possession of contraband or weapons violated the Fourth and Fourteenth Amendments to the U.S. Constitution. Plaintiff sought compensatory and punitive damages, declaratory and injunctive relief, and class certification. The Hampshire County Sheriff answered Plaintiff's complaint by generally denying the allegations.

On July 14, 2006, the District Court (Judge Michael A. Ponsor) certified the case as a class action. Shortly thereafter, settlement negotiations resulted in a resolution of the case. After a June 22, 2007 fairness hearing, the Court approved the class action settlement. Under the settlement, the County agreed to pay up to $205,000 to settle the class claims. Of that amount, Howard Friedman, the lawyer that brought the suit, was to receive attorney fees of 33%. It was estimated that the class included some 90 people, each of which would be eligible to receive compensation of at least $1,500. The settlement also provided that named plaintiff, Charles V. Ryan IV, would receive $10,000.

At the time of this summary, the claims administration process was still ongoing.

Dan Dalton - 01/22/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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) Hampshire Jail and House of Correction
Hampshire Sheriff's Office
Plaintiff Description All persons strip-searched at the Hampshire Jail between 01-18-02 through 11-07-02 who were not arrested on violent or drug-related charges, and/or were arrested on defaults or warrants such as court contempt charges or non-payment charges.
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
Date: Spring 2008
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:05-cv-30017-MAP (D. Mass.)
JC-MA-0011-9000.pdf | Detail
Date: 06/21/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
JC-MA-0011-0001.pdf | Detail
Date: 01/18/2005
[Preliminarily Approved] Settlement Agreement
JC-MA-0011-0002.pdf | Detail
Date: 12/29/2006
Plaintiffs' Consent Motion for Preliminary Approval of Class Settlement [ECF# 33-1]
JC-MA-0011-0003.pdf | Detail
Date: 12/29/2006
Notice of Class Action and Proposed Settlement
JC-MA-0011-0004.pdf | Detail
Date: 01/01/2007
Judges Ponsor, Michael Adrian (D. Mass.)
JC-MA-0011-9000
Plaintiff's Lawyers Bills, Jennifer L. (Massachusetts)
JC-MA-0011-0001 | JC-MA-0011-9000
Friedman, Howard (Massachusetts)
JC-MA-0011-0001 | JC-MA-0011-0002 | JC-MA-0011-0003 | JC-MA-0011-0004 | JC-MA-0011-9000
Joun, Myong J. (Massachusetts)
JC-MA-0011-0001 | JC-MA-0011-0002 | JC-MA-0011-0003 | JC-MA-0011-0004 | JC-MA-0011-9000
Defendant's Lawyers Jones, Timothy M. (Massachusetts)
JC-MA-0011-9000
Reilly, Thomas F. (Massachusetts)
JC-MA-0011-0004
Tarantino, Rosemary (Massachusetts)
JC-MA-0011-0002 | JC-MA-0011-0004 | JC-MA-0011-9000

- click to show/hide ALL -

new search
page permalink

- top of page -