Case: Graff v. County of Salem

1:07-cv-02259 | U.S. District Court for the District of New Jersey

Filed Date: May 14, 2007

Closed Date: May 7, 2009

Clearinghouse coding complete

Case Summary

On May 14, 2007, two individuals who had been arrested on minor charges filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the District of New Jersey, challenging the Salem County Correctional Department's policy and practice of strip searching all detainees regardless of the nature of their charged crime and regardless of the absence of reasonable suspicion to believe the detainees were concealing weapons or contraband. Plaintiffs, represented by private counsel, alleg…

On May 14, 2007, two individuals who had been arrested on minor charges filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the District of New Jersey, challenging the Salem County Correctional Department's policy and practice of strip searching all detainees regardless of the nature of their charged crime and regardless of the absence of reasonable suspicion to believe the detainees were concealing weapons or contraband. Plaintiffs, represented by private counsel, alleged that this policy and practice violated the Fourth Amendment to the U.S. Constitution. They requested monetary damages, declaratory and injunctive relief, and certification of a class consisting of individuals who were strip searched at the Correctional Department after being detained non-indictable offenses

On August 7, 2007, the County of Salem filed a motion to dismiss. On September 28, plaintiffs filed an amended complaint, rendering the motion to dismiss moot. The parties attended a mediation conference before Judge Joel B. Rosen on January 24, 2008. The parties continued their mediation, and eventually reached a settlement agreement.

On December 30, 2008, the plaintiffs filed a motion to certify a class for purposes of sending out notice to those class members who would be entitled to recover under the settlement agreement. The class was defined as "[a]ll persons who were placed into the custody of the Salem County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences, and who were Strip Searched upon their entry into Salem County Correctional Facility in the absence of reasonable suspicion that the individual harbored contraband." Plaintiffs also filed a motion for preliminary approval of the settlement agreement. On February 27, 2009, the court granted these motions. 

On May 7, 2009, the court approved the settlement agreement, closing the case. Under the settlement agreement, the defendants agreed to pay $640,000 into a Settlement Fund for the benefit of Class Members and the named plaintiff in this litigation. Of that $640,000, the Class Counsel was entitled to $192,000 in attorneys' fees and $6,070.36 in expenses.

The case is closed now.

Summary Authors

Dan Dalton (2/11/2008)

Michelle Wolk (8/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12331728/parties/graff-v-county-of-salem/


Judge(s)

Bumb, Renee Marie (New Jersey)

Attorney for Plaintiff

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Attorney for Defendant

Briddell, Dawnn Elayne (New Jersey)

Documents in the Clearinghouse

Documents in this case

1:07-cv-02259

Docket [PACER]

May 19, 2009

May 19, 2009

Docket
1

1:07-cv-02259

Class Action Complaint

May 14, 2007

May 14, 2007

Complaint
22

1:07-cv-02259

Amended Class Action Complaint

Clark v. County of Salem

Sept. 28, 2007

Sept. 28, 2007

Complaint
42

1:07-cv-02259

Notice of Motion

Clark v. County of Salem

Dec. 30, 2008

Dec. 30, 2008

Notice of Investigation or Suit/Demand Letter
49

1:07-cv-02259

Order Granting Final Approval of Class Action Settlement and Judgment

Clark v. County of Salem

May 7, 2009

May 7, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12331728/graff-v-county-of-salem/

Last updated March 25, 2026, 4:42 a.m.

ECF Number Date Description Link
1 May 14, 2007

COMPLAINT against COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER ( Filing fee $ 350 receipt number 1477718.) JURY DEMAND, filed by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 Civil Cover Sheet)(TH, ) (Entered: 05/16/2007)

Clearinghouse
2 May 16, 2007

Summons Issued as to COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER.Days Due - 20. (TH, ) (Entered: 05/16/2007)

RECAP
3 May 18, 2007

NOTICE of Appearance by SETH R. LESSER on behalf of ARTHUR P. GRAFF, DANA CLARK (LESSER, SETH) (Entered: 05/18/2007)

RECAP
4 June 11, 2007

SUMMONS Returned Executed by ARTHUR P. GRAFF, DANA CLARK. COUNTY OF SALEM served on 5/18/2007, answer due 6/7/2007; RAYMOND C. SKRADZINSKI served on 5/18/2007, answer due 6/7/2007; CHARLES MILLER served on 5/18/2007, answer due 6/7/2007. (RIBACK, WILLIAM) (Entered: 06/11/2007)

RECAP
5 June 13, 2007

MOTION for Leave to Appear Pro Hac Vice by ARTHUR P. GRAFF, DANA CLARK. (LESSER, SETH) (Entered: 06/13/2007)

RECAP
June 14, 2007

Setting Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice. Motion returnable date set for 7/20/2007 before Magistrate Judge Joel Schneider. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb)

6 June 15, 2007

MOTION for Leave to Appear Pro Hac Vice Jonathan W. Cuneo by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Jonathan W. Cuneo# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

RECAP
7 June 15, 2007

MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Charles J. LaDuca# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

RECAP
8 June 15, 2007

MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 cover letter# 2 Certification Alexandra C. Warren# 3 Text of Proposed Order # 4 Certificate of Service)(RIBACK, WILLIAM) (Entered: 06/15/2007)

RECAP
June 18, 2007

CLERK'S QUALITY CONTROL MESSAGE: The Certifications of Jonathan W. Cuneo, Charles L. LaDuca, and Alexandra C. Warren submitted with the Motions for Pro Hac Vice admission, documents 6, 7, and 8 did not contain proper signatures. Only the attorney electronically filng documents are permitted to sign documents using the s/, all other signatures must be scanned. PLEASE RESUBMIT THE CERTIFICATIONS WITHIN 3 BUSINESS DAYS WITH THE PROPER SIGNATURES. (sb)

June 18, 2007

Setting Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren, 6 MOTION for Leave to Appear Pro Hac Vice Jonathan W. Cuneo, 7 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca. Motion returnable date set for 7/20/2007 before Magistrate Judge Joel Schneider. PLEASE BE ADVISED THAT THESE MOTIONS WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb)

9 June 20, 2007

AMENDED DOCUMENT by ARTHUR P. GRAFF, DANA CLARK. Amendment to 8 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren Amended Certification. (RIBACK, WILLIAM) (Entered: 06/20/2007)

RECAP
10 June 20, 2007

AMENDED DOCUMENT by ARTHUR P. GRAFF, DANA CLARK. Amendment to 7 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca Amended Certification. (RIBACK, WILLIAM) (Entered: 06/20/2007)

RECAP
11 July 9, 2007

STIPULATED ORDER accepting service of process and extending time to respond to the complaint. Signed by Judge Joel Schneider on 7/9/07. (sb) (Entered: 07/09/2007)

RECAP
12 July 13, 2007

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Order directing attorney admitted pro hac vice to make payment of $150, made payable to Clerk, U.S. District Court. Signed by Judge Joel Schneider on 7/13/07. (sb) (Entered: 07/13/2007)

RECAP
13 July 16, 2007

Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 07/16/2007)

RECAP
14 July 16, 2007

Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 07/16/2007)

RECAP
15 July 16, 2007

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice; granting 7 Motion for Leave to Appear Pro Hac Vice; granting 8 Motion for Leave to Appear Pro Hac Vice. ORDERED that the attorneys admitted pro hac vice are directed to make payment of $150 each, made payable to Clerk, U.S. District Court. Signed by Judge Joel Schneider on 7/16/07. (sb) (Entered: 07/16/2007)

RECAP
16 July 30, 2007

Substitution of Attorney - Attorney CATHERINE L. SAKACH and CATHERINE L. SAKACH for COUNTY OF SALEM and RAYMOND C. SKRADZINSKI added. Attorney E. ELAINE VOYLES terminated.. (Attachments: # 1 Certificate of Service)(SAKACH, CATHERINE) Additional attachment(s) added on 8/1/2007 (sb, ). (Entered: 07/30/2007)

RECAP
17 Aug. 7, 2007

MOTION to Dismiss by COUNTY OF SALEM. (Attachments: # 1 Supplement Notice of Motion# 2 Certificate of Service)(BRIDDELL, DAWNN) Additional attachment(s) added on 8/8/2007 (sb, ). (Entered: 08/07/2007)

RECAP
Aug. 7, 2007

Setting Deadlines as to 17 MOTION to Dismiss. Motion Hearing set for 9/7/2007 before Judge Renee Marie Bumb. (Please be advised the motion will be decided on the papers unless otherwise notified by the court) (gn, )

18 Aug. 23, 2007

MOTION to extend the briefing schedule under L.R. 7.1 by ARTHUR P. GRAFF, DANA CLARK. (Attachments: # 1 Certification William Riback# 2 Text of Proposed Order # 3 Certificate of Service)(RIBACK, WILLIAM) (Entered: 08/23/2007)

RECAP
19 Aug. 23, 2007

ORDER granting 18 Motion to extend the briefing schedule. ORDERED that the plaintiff's shall file opposition papers on or before September 28, 2007. Signed by Judge Renee Marie Bumb on 8/23/07. (sb) (Entered: 08/27/2007)

RECAP
Aug. 23, 2007

Setting Deadlines as to 18 MOTION to extend the briefing schedule under L.R. 7.1. Motion returnable for 9/21/2007 before Magistrate Judge Joel Schneider.(Please be advised the motion will be decided on the papers unless otherwise notified by the court) (gn)

Aug. 27, 2007

Pro Hac Vice fee recv'd as to Charles J. LaDuca, Esq.: $ 150, receipt number 306681 (sb)

Aug. 27, 2007

Pro Hac Vice fee recv'd as to Alexandra C. Warren, Esq.: $ 150, receipt number 306682 (sb)

20 Sept. 11, 2007

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 09/11/2007)

RECAP
21 Sept. 28, 2007

NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of DANA CLARK (KEACH, ELMER) (Entered: 09/28/2007)

RECAP
22 Sept. 28, 2007

AMENDED COMPLAINT Files As of Right against all defendants all defendants., filed by DANA CLARK.(KEACH, ELMER) (Entered: 09/28/2007)

Clearinghouse
23 Sept. 28, 2007

STATUS REPORT Regarding Filing of Amended Complaint by DANA CLARK. (KEACH, ELMER) (Entered: 09/28/2007)

RECAP
24 Oct. 1, 2007

ORDER setting Initial Scheduling Conference for 11/14/2007 11:30 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 10/1/07. (sb) (Entered: 10/01/2007)

RECAP
25 Oct. 2, 2007

ORDER denying as moot 17 Motion to Dismiss. Signed by Judge Renee Marie Bumb on 10/2/07. (sb) (Entered: 10/02/2007)

RECAP
26 Oct. 9, 2007

Answer to Amended Complaint by all defendants ANSWER to Amended Complaint by COUNTY OF SALEM.(BRIDDELL, DAWNN) (Entered: 10/09/2007)

RECAP
27 Oct. 10, 2007

First (and Defenses) ANSWER to Amended Complaint by COUNTY OF SALEM, RAYMOND C. SKRADZINSKI, CHARLES MILLER, SALEM COUNTY SHERIFF'S DEPARTMENT.(LOMAX, GREGORY) (Entered: 10/10/2007)

RECAP
Oct. 10, 2007

CLERK'S QUALITY CONTROL MESSAGE: The Answer to Amended Complaint, document number 26, submitted by D. BRIDDELL on 10/9/07 did not contain a proper signature. ONLY THE ATTORNEY ELECTRONICALLY FILING DOCUMENTS ARE PERMITTED TO SIGN DOCUMENTS USING THE S/, ALL OTHER SIGNATURES MUST BE SCANNED. PLEASE RESUBMIT THE DOCUMENT WITHIN 3 BUSINESS DAYS WITH THE PROPER ELECTRONIC OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the Court. (sb)

28 Nov. 12, 2007

Letter from Seth R. Lesser Re- Mediation and Status Conference. (LESSER, SETH) (Entered: 11/12/2007)

RECAP
Nov. 14, 2007

Minute Entry for proceedings held before Judge Joel Schneider : Scheduling Conference held on 11/14/2007. (bb, )

29 Dec. 7, 2007

Letter from Seth R. Lesser Re- Mediation Date. (LESSER, SETH) (Entered: 12/07/2007)

RECAP
30 Dec. 7, 2007

SCHEDULING ORDER: All proceedings in the case are stayed pending the results of the parties' mediation on January 24, 2008 before the Hon. Joel B. Rosen, Retired. Signed by Judge Joel Schneider on 12/7/07. (sb) (Entered: 12/10/2007)

RECAP
31 Jan. 4, 2008

Letter from Seth R. Lesser. (LESSER, SETH) (Entered: 01/04/2008)

RECAP
32 Jan. 7, 2008

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 3/14/2007 09:00 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 1/7/08. (sb) (Entered: 01/07/2008)

RECAP
March 14, 2008

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 3/14/2008. (bb, )

33 March 17, 2008

AMENDED SCHEDULING ORDER:Telephone Status Conference set for 6/12/2008 09:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 3/17/08. (sb) (Entered: 03/17/2008)

RECAP
34 April 22, 2008

Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 04/22/2008)

RECAP
35 April 22, 2008

Notice of Request by Pro Hac Vice Alexandra C. Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 04/22/2008)

RECAP
36 June 11, 2008

SCHEDULING ORDER: Telephone/Status Conference set for 8/15/2008 10:30 AM before Magistrate Judge Joel Schneider.. Signed by Magistrate Judge Joel Schneider on 6/11/08. (jm1, ) (Entered: 06/12/2008)

RECAP
June 12, 2008

Text Only Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 6/12/2008. (Court Reporter None.) (mr)

37 July 31, 2008

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 07/31/2008)

RECAP
Aug. 15, 2008

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 8/15/2008. (bb)

38 Aug. 18, 2008

AMENSCHEDULING ORDER: Telephone/Status Conference set for 9/18/2008 10:30 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 8/18/08. (jm1, ) (Entered: 08/18/2008)

RECAP
39 Sept. 18, 2008

AMENDED SCHEDULING ORDER: Parties shall file their Motion for Preliminary Settlement approval by 11/18/2008. Signed by Magistrate Judge Joel Schneider on 9/18/2008. (tp ) (Entered: 09/18/2008)

RECAP
Sept. 18, 2008

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 9/18/2008. (sk)

40 Nov. 18, 2008

LETTER ORDER, Re: Request until 12/18/2008 to file the motion for preliminary approval. Signed by Magistrate Judge Joel Schneider on 11/18/2008. (nf, ) (Entered: 11/24/2008)

RECAP
41 Dec. 18, 2008

LETTER ORDER, Re: Preliminary Motion deadline extended to 12/30/2008. Signed by Magistrate Judge Joel Schneider on 12/18/2008. (nf, ) (Entered: 12/30/2008)

RECAP
42 Dec. 30, 2008

MOTION to Certify Class for Preliminary Approval of Class Action Settlement and, MOTION for Settlement Preliminary Approval by DANA CLARK. (Attachments: # 1 Brief in Support of Preliminary Approval and other relief, # 2 Declaration of Seth R. Lesser in support of motion for preliminary approval and other relief, # 3 Exhibit 1 to Lesser Declaration (Settlement Agreement), # 4 Exhibit A to Settlement Agreement (Claim Form), # 5 Exhibit B to Settlement Agreement (Long Form Notice), # 6 Exhibit C to Settlement Agreement (Proposed Final Order), # 7 Exhibit D to Settlement Agreement (Proposed Preliminary Approval Order), # 8 Exhibit E to Settlement Agreement (Short Form Notice), # 9 Exhibit F to Settlement Agreement (Plan of Distribution), # 10 Exhibit 2 to Lesser Declaration (Firm Resumes), # 11 Certificate of Service)(LESSER, SETH) (Entered: 12/30/2008)

Clearinghouse
43 Dec. 30, 2008

NOTICE by DANA CLARK re 42 MOTION to Certify Class for Preliminary Approval of Class Action Settlement and MOTION for Settlement Preliminary Approval of filing of copy of Settlement Agreement signed by both counsel for all parties (LESSER, SETH) (Entered: 12/30/2008)

RECAP
Jan. 6, 2009

Set Deadlines as to 42 MOTION to Certify Class for Preliminary Approval of Class Action Settlement and MOTION for Settlement Preliminary Approval. Motion set for 2/2/2009 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (nf, )

44 Feb. 27, 2009

ORDER PRELIMINARILY APPROVING SETTLEMENT. Signed by Judge Renee Marie Bumb on 2/27/2009. (nf, ) (Entered: 02/27/2009)

RECAP
45 March 5, 2009

Letter from Plaintiffs' counsel requesting amendment to date for final approval hearing. (LESSER, SETH) (Entered: 03/05/2009)

RECAP
46 March 5, 2009

ORDER Amending Preliminary Approval Order In Order to Set New Date for Final Approval Hearing. Courts prior order is amended so that the final approval hearing will be held on 5/7/2009 at 10:30am.. Signed by Judge Renee Marie Bumb on 3/5/2009. (nf, ) (Entered: 03/06/2009)

RECAP
March 5, 2009

Per document # 44 Final Approval Hearing scheduled for 4/21/2009 at 10:00am. (nf, )

47 April 30, 2009

MOTION for Settlement Approval of Class Action Settlement and for other relief by DANA CLARK. (Attachments: # 1 Brief in Support of Motion for Final Approval, etc., # 2 Certification of Seth R Lesser in Support of Motion for Final Approval etc, # 3 Exhibit A to Lesser Certification (Fraga Affidavit), # 4 Exhibit B to Leseser Certification (website), # 5 Exhibit C to Lesser Certification (Plan of Distribution), # 6 Text of Proposed Order, # 7 Certificate of Service)(LESSER, SETH) (Entered: 04/30/2009)

RECAP
May 1, 2009

Set Deadlines as to 47 MOTION for Settlement Approval of Class Action Settlement and for other relief. Motion set for 5/7/2009 10:30 AM before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )

48 May 7, 2009

Minute Entry for proceedings held before Judge Renee Marie Bumb: Motion Hearing held on 5/7/2009. Hearing on 47 MOTION for Settlement Approval of Class Action Settlement and for other relief filed by DANA CLARK. Ordered motion granted. Order to be entered. (Court Reporter Ted Formaroli) (ar1) (Entered: 05/07/2009)

RECAP
49 May 7, 2009

ORDER granting 47 Motion for Settlement. Signed by Judge Renee Marie Bumb on 5/7/2009. (nf, ) (Entered: 05/07/2009)

Clearinghouse
May 7, 2009

***Civil Case Terminated. (nf, )

May 19, 2009

Magistrate Judge Karen M. Williams added. Magistrate Judge Joel Schneider no longer assigned to case. (nf, )

Case Details

State / Territory:

New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: May 14, 2007

Closing Date: May 7, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were placed into the custody of the Salem County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences, and who were Strip Searched upon their entry into Salem County Correctional Facility in the absence of reasonable suspicion that the individual harbored contraband.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County of Salem

Salem County Correctional Facility

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

District of New Jersey 1:07-cv-02259

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $640,000

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Policing:

Strip search policy (policing)

Recommended Citation