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


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