Case: Cuesta v. School Board of Miami Dade County

1:99-cv-00517 | U.S. District Court for the Southern District of Florida

Filed Date: Feb. 19, 1999

Closed Date: Oct. 18, 2000

Clearinghouse coding complete

Case Summary

This case was filed on February 19, 1999, in the United States District Court for the Southern district of Florida, by a student who was arrested and strip searched for her association with the publication of a satirical student newspaper entitled "First Amendment." The newspaper was published anonymously and contained no attribution to any individual. After an investigation by the principle of the school, police were summoned to conduct interrogations of several identified students. These stud…

This case was filed on February 19, 1999, in the United States District Court for the Southern district of Florida, by a student who was arrested and strip searched for her association with the publication of a satirical student newspaper entitled "First Amendment." The newspaper was published anonymously and contained no attribution to any individual.

After an investigation by the principle of the school, police were summoned to conduct interrogations of several identified students. These students were arrested, the minors taken to a juvenile facility and the 18-year-olds incarcerated at TGK jail. They were charged with the misdemeanor violation of Fla. Stat. 836.11 which prohibits anonymous publication if it "tends to expose any religious group to hatred, contempt, ridicule or obloquy." The arresting officer enhanced each charge under Florida's "hate crime" statute, converting the misdemeanors into felonies.

The Miami Dade County's Department of corrections had a policy of strip searching felony arrestees upon booking. Plaintiff was subjected to a full strip and body cavity search. Ultimately, all charges were dismissed by the state attorney general's office, along with a public statement acknowledging that the statute under which the students were arrested is unconstitutional and unenforceable.

On April 18, 2000, the Court (Judge Ursula Ungaro-Benages) denied Plaintiff's motion for summary judgment against the County, finding that the strip search was not unreasonable, as it was conducted in the context of an arrest for a felony offense.

On October 18, 2000, the Court (Judge Ursula Ungaro-Benages) denied Plaintiff's motion for summary judgment against the school on grounds that she had failed to identify a sufficient policy, custom or decision of a final policymaker of the School Board that caused the alleged unconstitutional arrest and thereby permit the imposition of § 1983 liability.

On March 14, 2002, the United States Court of Appeals for the Eleventh Circuit affirmed the District Court's decision. 285 F.3rd 962 (11th Cir. 2002).

Summary Authors

Denise Heberle (3/20/2012)

People


Judge(s)

Bandstra, Ted E. (Florida)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Attorney for Plaintiff
Attorney for Defendant

Allen, James J. (Florida)

Bass, Patricia Dolores (Florida)

Judge(s)

Bandstra, Ted E. (Florida)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Kravitch, Phyllis A. (Georgia)

Ungaro[-Benages], Ursula Mancusi (Florida)

show all people

Documents in the Clearinghouse

Document

1:99-cv-00517

Docket (PACER)

Cuesta v. School Board Miami, et al

April 16, 2002

April 16, 2002

Docket
1

1:99-cv-00517

Complaint for Declaratory Relief and for Damages

Feb. 19, 1999

Feb. 19, 1999

Complaint
48

1:99-cv-00517

Order on Motion to Dismiss Plaintiff's Complaint as to the Miami-Dade County School Board

June 25, 1999

June 25, 1999

Order/Opinion
83

1:99-cv-00517

Order [Regarding Defendant Michael Alexander's Motion to Dismiss]

April 10, 2000

April 10, 2000

Order/Opinion
84

1:99-cv-00517

Omnibus Order

April 17, 2000

April 17, 2000

Order/Opinion
110

1:99-cv-00517

Omnibus Order

Oct. 18, 2000

Oct. 18, 2000

Order/Opinion

2000 WL 2000

111

1:99-cv-00517

Final Judgment

Oct. 18, 2000

Oct. 18, 2000

Order/Opinion

00-16086

Appellate Decision

U.S. Court of Appeals for the Eleventh Circuit

March 14, 2002

March 14, 2002

Order/Opinion

285 F.3d 285

Docket

Last updated March 17, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $150.00 RECEIPT # 705364; A-7; TEB (ra, Deputy Clerk) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

Clearinghouse

Magistrate identification: Magistrate Judge Ted E. Bandstra (ra, Deputy Clerk) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

2

SUMMONS(ES) issued for School Board Miami (tb, Deputy Clerk) (Entered: 03/01/1999)

Feb. 25, 1999

Feb. 25, 1999

3

SUMMONS(ES) issued for Miami Dade County (tb, Deputy Clerk) (Entered: 03/01/1999)

Feb. 25, 1999

Feb. 25, 1999

4

SUMMONS(ES) issued for Michael Alexander (tb, Deputy Clerk) (Entered: 03/01/1999)

Feb. 25, 1999

Feb. 25, 1999

5

RETURN OF SERVICE executed for Michael Alexander on 3/1/99 Answer due on 3/21/99 for Michael Alexander (tb, Deputy Clerk) (Entered: 03/12/1999)

March 9, 1999

March 9, 1999

6

RETURN OF SERVICE executed for Miami Dade County on 3/1/99 Answer due on 3/21/99 for Miami Dade County (tb, Deputy Clerk) (Entered: 03/12/1999)

March 9, 1999

March 9, 1999

7

RETURN OF SERVICE executed for School Board Miami on 3/1/99 Answer due on 3/21/99 for School Board Miami (tb, Deputy Clerk) (Entered: 03/12/1999)

March 9, 1999

March 9, 1999

8

MOTION with memorandum in support by School Board Miami to dismiss plaintiff's complaint (tb, Deputy Clerk) (Entered: 03/22/1999)

March 17, 1999

March 17, 1999

9

MOTION with memorandum in support by Michael Alexander to dismiss complaint (tb, Deputy Clerk) (Entered: 03/22/1999)

March 17, 1999

March 17, 1999

10

MOTION by Miami Dade County to extend time to respond to complaint (dg, Deputy Clerk) (Entered: 03/26/1999)

March 22, 1999

March 22, 1999

11

PRETRIAL ORDER filed: Scheduling Conference deadline: 9:30 5/28/99 Scheduling Meeting Report due 5/18/99 ( signed by Judge Ursula Ungaro-Benages on 3/17/99) CCAP (dg, Deputy Clerk) (Entered: 03/26/1999)

March 23, 1999

March 23, 1999

12

ORDER granting [10-1] motion to extend time to respond to complaint reset answer due for 4/6/99 for Miami Dade County ( signed by Judge Ursula Ungaro-Benages on 3/23/99) CCAP (dg, Deputy Clerk) (Entered: 03/26/1999)

March 24, 1999

March 24, 1999

13

MOTION by Liliana Cuesta to extend time to respond to motions to dismiss of defendants Alexander and School Board (ra, Deputy Clerk) (Entered: 03/31/1999)

March 29, 1999

March 29, 1999

14

ORDER granting [13-1] motion to extend time to respond to motions to dismiss of defendants Alexander and School Board ( signed by Judge Ursula Ungaro-Benages on 3/31/99) CCAP (tb, Deputy Clerk) (Entered: 04/07/1999)

March 31, 1999

March 31, 1999

16

MEMORANDUM by Liliana Cuesta in opposition to [9-1] motion to dismiss complaint (tb, Deputy Clerk) (Entered: 04/07/1999)

April 5, 1999

April 5, 1999

17

MOTION with memorandum in support by Miami Dade County to dismiss plaintiff's complaint , and for summary judgment (tb, Deputy Clerk) (Entered: 04/09/1999)

April 6, 1999

April 6, 1999

18

CONCISE Statement of undisputed material facts in support of motion for final summary judgment by Miami Dade County (tb, Deputy Clerk) (Entered: 04/09/1999)

April 6, 1999

April 6, 1999

19

REPLY MEMORANDUM by Liliana Cuesta in support of [17-1] motion to dismiss plaintiff's complaint (tb, Deputy Clerk) (Entered: 04/13/1999)

April 9, 1999

April 9, 1999

20

REPLY MEMORANDUM by Liliana Cuesta in support of [9-1] motion to dismiss complaint (tb, Deputy Clerk) (Entered: 04/13/1999)

April 9, 1999

April 9, 1999

21

Notice of compliance with Florida Statute 86.091 and Local Rule by Liliana Cuesta with (tb, Deputy Clerk) (Entered: 04/15/1999)

April 14, 1999

April 14, 1999

22

NOTICE of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade School by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/15/1999)

April 14, 1999

April 14, 1999

23

NOTICE of filing attached return of service on Katherine Rundle Fernandez by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/20/1999)

April 16, 1999

April 16, 1999

24

MEMORANDUM of law in response to plaintiff's notice of additional authorities by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

25

MOTION with memorandum in support by School Board Miami, Michael Alexander for permission to respond to plaintiff's notice of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade County School Board (tb, Deputy Clerk) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

26

CROSS MOTION with memorandum in support by Liliana Cuesta for summary judgment (tb, Deputy Clerk) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

27

NOTICE of filing affidavit in support of motion for partial summary judgment by Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

28

AFFIDAVIT by Liliana Cuesta Re:Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/21/1999)

April 19, 1999

April 19, 1999

29

ORDER granting [25-1] motion for permission to respond to plaintiff's notice of additional authorities relevant to motions to dismiss of defendants Alexander and Miami Dade County School Board ( signed by Judge Ursula Ungaro-Benages on 4/20/99) CCAP (tb, Deputy Clerk) (Entered: 04/27/1999)

April 21, 1999

April 21, 1999

30

RESPONSE by Liliana Cuesta in opposition to [17-1] motion to dismiss plaintiff's complaint, [17-2] motion for summary judgment (tb, Deputy Clerk) (Entered: 04/30/1999)

April 27, 1999

April 27, 1999

32

MOTION by Miami Dade County to extend time to respond to motion for summary judgment (ra, Deputy Clerk) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

33

ORDER granting [31-1] motion to extend time to file response to plaintiff's motion for summary judgment Response to motion reset to 5/10/99 for [26-1] motion for summary judgment (signed by Judge Ursula Ungaro-Benages on 5/10/99) CCAP (ra, Deputy Clerk) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

34

ORDER granting [32-1] motion to extend time to respond to motion for summary judgment Response to motion reset to 5/17/99 for [26-1] motion for summary judgment ( signed by Judge Ursula Ungaro-Benages on 5/12/99) CCAP (tb, Deputy Clerk) (Entered: 05/14/1999)

May 12, 1999

May 12, 1999

35

MOTION by Miami Dade County for leave to file oversize response to plaintiff's motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

36

RESPONSE by Miami Dade County to [26-1] motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

37

RESPONSE by Miami Dade County in support of [17-2] motion for summary judgment (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

38

NOTICE of filing attached documents by Miami Dade County (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

39

DEPOSITION of John Galardi (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

40

DEPOSITION of Michael Alexander (tb, Deputy Clerk) (Entered: 05/20/1999)

May 17, 1999

May 17, 1999

41

INITIAL JOINT STATUS REPORT by Liliana Cuesta, School Board Miami, Michael Alexander, Miami Dade County (nt, Deputy Clerk) (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

41

Initial Joint Status and Scheduling Report of Scheduling Meeting by Liliana Cuesta, School Board Miami, Michael Alexander, Miami Dade County 5/18/99 (nt, Deputy Clerk) (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

42

ORDER granting [35-1] motion for leave to file oversize response to plaintiff's motion for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 5/19/99) CCAP [EOD Date: 5/27/99] (tb, Deputy Clerk) (Entered: 05/27/1999)

May 19, 1999

May 19, 1999

43

REPLY by Liliana Cuesta to response to [26-1] motion for summary judgment (tb, Deputy Clerk) (Entered: 06/01/1999)

May 25, 1999

May 25, 1999

44

NOTICE of filing supplemental affidavit in support of motion for partial summary judgment by Liliana Cuesta (tb, Deputy Clerk) (Entered: 06/01/1999)

May 25, 1999

May 25, 1999

45

NOTICE of Unavailability by Liliana Cuesta (tb, Deputy Clerk) (Entered: 06/04/1999)

June 1, 1999

June 1, 1999

46

MOTION by Liliana Cuesta for leave to file plaintiff's supplemental affidavit , or in the alternative to rule that the supplemental affidavit was authorized to be filed (tb, Deputy Clerk) (Entered: 06/17/1999)

June 16, 1999

June 16, 1999

48

ORDER denying [17-1] motion to dismiss plaintiff's complaint ( Signed by Judge Ursula Ungaro-Benages on 6/24) CCAP [EOD Date: 6/29/99] (tb, Deputy Clerk) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

Clearinghouse
49

Answer and affirmative defenses by School Board Miami (ra, Deputy Clerk) (Entered: 07/06/1999)

July 1, 1999

July 1, 1999

50

STIPULATION by School Board Miami In Re: substitution of counsel, substituting Patricia D. Bass for Phyllis O. Douglas (ra, Deputy Clerk) (Entered: 07/06/1999)

July 1, 1999

July 1, 1999

51

MEMORANDUM OF LAW IN RESPONSE by Miami Dade County to [46-1] motion for leave to file plaintiff's supplemental affidavit (ra, Deputy Clerk) (Entered: 07/09/1999)

July 2, 1999

July 2, 1999

52

NOTICE of filing affidavit and copy of deposition (attached) by Miami Dade County (ra, Deputy Clerk) (Entered: 07/09/1999)

July 2, 1999

July 2, 1999

53

ORDER granting [50-1] stipulation (Signed by Judge Ursula Ungaro-Benages on 7/2/99) CCAP [EOD Date: 7/12/99] (ra, Deputy Clerk) (Entered: 07/12/1999)

July 6, 1999

July 6, 1999

54

RESPONSE by Liliana Cuesta in opposition to [46-1] motion for leave to file plaintiff's supplemental affidavit, [46-2] motion to rule that the supplemental affidavit was authorized to be filed (tb, Deputy Clerk) (Entered: 07/14/1999)

July 12, 1999

July 12, 1999

55

ORDER set pretrial conference for 11:00 4/28/00 before Judge Ursula Ungaro-Benages , setting discovery deadline for 1/28/00 , set motion filing deadline for 3/3/00 , set pretrial stipulation due for 3/24/00 , set calendar call for 1:00 5/10/00 before Judge Ursula Ungaro-Benages , set Jury trial for 9:00 5/15/00 before Judge Ursula Ungaro-Benages ( Signed by Judge Ursula Ungaro-Benages on 7/26/99) CCAP [EOD Date: 7/28/99] (tb, Deputy Clerk) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

56

MOTION by Miami Dade County to extend time to respond to plaintiff's fourth request for production of documents (tb, Deputy Clerk) (Entered: 08/06/1999)

Aug. 4, 1999

Aug. 4, 1999

57

ORDER granting [56-1] motion to extend time to respond to plaintiff's fourth request for production of documents; Miami Dade County shall serve its response on or before 8/25/99 ( Signed by Judge Ursula Ungaro-Benages on 8/6/99) CCAP [EOD Date: 8/12/99] (Former Deputy Clerk) (Entered: 08/12/1999)

Aug. 6, 1999

Aug. 6, 1999

58

NOTICE of attorney appearance as co-counsel for School Board Miami by Ana Isabel Segura (lk, Deputy Clerk) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

59

NOTICE of attorney appearance for School Board Miami, Michael Alexander by Ana Isabel Segura (tb, Deputy Clerk) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

60

OBJECTION TO subpoena by School Board Miami (tb, Deputy Clerk) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

61

NOTICE by Liliana Cuesta to take deposition of Principal Timothy Dawson 11/19/99 at 10:00 (tb, Deputy Clerk) (Entered: 11/09/1999)

Nov. 8, 1999

Nov. 8, 1999

63

MOTION with memorandum in support by Liliana Cuesta to extend time all pretrial and trial deadline pending ruling on summary judgment issues , and for status conference prior to 1/28/00 , and to toll pretrial scheduling owner during pendency of this motion (tb, Deputy Clerk) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

64

ORDER granting [63-1] motion to extend time all pretrial and trial deadline pending ruling on summary judgment issues, denying [63-2] motion for status conference prior to 1/28/00 ( Signed by Judge Ursula Ungaro-Benages on 1/26/00) CCAP [EOD Date: 1/27/00] (tb, Deputy Clerk) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

65

NOTICE of filing exhibits in support of motion for partial summary judgment against Miami Dade School Board by Liliana Cuesta (tb, Deputy Clerk) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

66

MOTION with memorandum in support by Liliana Cuesta for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

67

UNOPPOSED MOTION with memorandum in support by School Board Miami, Michael Alexander to extend time to file defendants' opposition to Plaintiff's Motion for Summary Judgment and to file defendants' cross motion for summary judgment (Former Deputy Clerk) (Entered: 03/15/2000)

March 14, 2000

March 14, 2000

68

ORDER granting [67-1] motion to extend time to file defendants' opposition to Plaintiff's Motion for Summary Judgment and to file defendants' cross motion for summary judgment Response to motion reset to 4/3/00 for [26-1] motion for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 3/15/00) CCAP [EOD Date: 3/16/00] (dg, Deputy Clerk) (Entered: 03/16/2000)

March 15, 2000

March 15, 2000

69

NOTICE of filing depositions in support of their motion for final summary judgment by School Board Miami (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

70

DEPOSITION of John Galardi (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

71

DEPOSITION of Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

72

DEPOSITION of Liliana Cuesta (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

73

RESPONSE by School Board Miami, Michael Alexander in opposition to [66-1] motion for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

74

Statement of disputed facts in opposition to plaintiff's motion for partial summary judgment by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

75

MOTION by School Board Miami, Michael Alexander for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

76

Statement of undisputed facts in support of their motion for summary final judgment by School Board Miami, Michael Alexander (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

78

AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

79

AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

80

AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

81

AFFIDAVIT by School Board Miami, Michael Alexander Re: [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

82

AMENDED NOTICE of filing depositions in support of their motion for final summary judgment by School Board Miami (tb, Deputy Clerk) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

83

ORDER granting [9-1] motion to dismiss complaint as to defendant Alexander ( Signed by Judge Ursula Ungaro-Benages on 4/10/00) CCAP [EOD Date: 4/11/00] (tb, Deputy Clerk) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

Clearinghouse
84

ORDER denying [8-1] motion to dismiss plaintiff's complaint denying [26-1] motion for summary judgment granting [46-1] motion for leave to file plaintiff's supplemental affidavit ( Signed by Judge Ursula Ungaro-Benages on 4/14/00) CCAP [EOD Date: 4/18/00] (tb, Deputy Clerk) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

Clearinghouse
85

MOTION by Liliana Cuesta to extend time for plaintiff and School Board to respond to pending motions for summary judgment (tb, Deputy Clerk) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

86

ORDER granting [85-1] motion to extend time for plaintiff and School Board to respond to pending motions for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 4/18/00) CCAP [EOD Date: 4/19/00] (tb, Deputy Clerk) (Entered: 04/19/2000)

April 18, 2000

April 18, 2000

87

ORDER setting discovery deadline for 7/24/00 , reset pretrial conference for 11:00 8/25/00 before Judge Ursula Ungaro-Benages , reset calendar call for 1:00 9/20/00 before Judge Ursula Ungaro-Benages , reset Jury trial for 9:00 9/25/00 before Judge Ursula Ungaro-Benages ( Signed by Judge Ursula Ungaro-Benages on 4/25/00) CCAP [EOD Date: 5/1/00] (tb, Deputy Clerk) (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

88

REPLY by Liliana Cuesta to response to [66-1] motion for partial summary judgment on counts I and II to determine liability of defendants Alexander and School Board of Miami Dade (tb, Deputy Clerk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

89

RESPONSE by Liliana Cuesta in opposition to [75-1] motion for final summary judgment (tb, Deputy Clerk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

90

MOTION with memorandum in support by Liliana Cuesta to strike [76-1] Statement of (tb, Deputy Clerk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

91

MOTION with memorandum in support by Liliana Cuesta to strike [76-1] Statement of (tb, Deputy Clerk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

93

MOTION with memorandum in support by Liliana Cuesta to strike [81-1] affidavit (tb, Deputy Clerk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

94

RESPONSE by School Board Miami in opposition to plaintiff's motion to strike affidavit of Charles Ewing (tb, Deputy Clerk) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

95

MOTION by Liliana Cuesta for Hearing on pending motions (tb, Deputy Clerk) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

96

OPPOSITION by School Board Miami [93-1] motion to strike [81-1] affidavit of Timothy Dawson (nt, Deputy Clerk) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

97

OPPOSITION by School Board Miami to [91-1] motion to strike [76-1] Statement of Undisputed Facts (nt, Deputy Clerk) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

98

OPPOSITION by School Board Miami [90-1] motion to strike [76-1] Statement of Disputed Facts (nt, Deputy Clerk) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

99

REPLY by School Board Miami to opposition to [75-1] motion for final summary judgment (nt, Deputy Clerk) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

100

RESPONSE by School Board Miami in opposition to [95-1] motion for Hearing on pending motions (tb, Deputy Clerk) (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

101

MOTION with memorandum in support by Liliana Cuesta to defer pretrial and trial deadlines pending ruling on cross motions for summary judgment (tb, Deputy Clerk) (Entered: 06/12/2000)

June 12, 2000

June 12, 2000

102

NOTICE of filing State Court Order declaring statute challenged herein to be unconstitutional by Liliana Cuesta (tb, Deputy Clerk) (Entered: 06/20/2000)

June 20, 2000

June 20, 2000

103

ORDER granting [101-1] motion to defer pretrial and trial deadlines pending ruling on cross motions for summary judgment ( Signed by Judge Ursula Ungaro-Benages on 6/27/00) CCAP [EOD Date: 6/28/00] (tb, Deputy Clerk) (Entered: 06/28/2000)

June 27, 2000

June 27, 2000

104

RESPONSE by School Board Miami to [102-1] notice (dg, Deputy Clerk) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 1999

Closing Date: Oct. 18, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

18-year-old female high school student who helped to distribute copies of an anonymous pamphlet at school with contained material about violence against the school's principal. She was subsequently arrested and strip-searched.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Miami Dade County (Miami-Dade), County

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

School Board of Miami Dade County (Miami-Dade), School District

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Over/Unlawful Detention

Search policies

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run