Case: Moya v. City of Albuquerque

1:96-cv-01257 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 12, 1996

Closed Date: 1998

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Case Summary

On September 12, 1996, two female prisoners filed a Section 1983 lawsuit in U.S. District Court District of New Mexico, seeking damages for being subjected to strip searches by male guards at the Bernalillo County Detention Center. Plaintiffs claimed that the strip searches were unconstitutional and in violation of jail policy and that women at the jail were subjected to strip searches more than male prisoners. Plaintiffs asserted claims for violations of their rights secured by the Fourth Am…

A jury trial was held on October 27 though 30, 1997. The District Court (Magistrate Judge Don J. Svet) granted judgment as a matter of law in favor of the defendants on Counts I (Fourth Amendment claim), II (Substantive Due Process claim) and III (Equal Protection claim) on the grounds that those claims were barred by the Prison Litigation Reform Act, 42 U.S.C. § 1997 et seq. Judge Svet held that plaintiffs' claimed injuries, migraine headaches and emotional distress that induced attempted suicide, did not satisfy the physical injury requirement of the PLRA. The court stated: "a few hours of lassitude and nausea and the discomfort of having her stomach pumped is no more than a de minimus physical injury." Plaintiffs also failed to exhaust their administrative remedies as further required by the PLRA. The jury was unable to reach a verdict on Count IV and a mistrial was declared. In its Memorandum Opinion and Order dated November 11, 1996, the District Court memorialized the basis for entry of judgment for defendants on Counts I, II and III.

The case was reset for trial on Count IV.

The PACER docket indicates that a settlement conference was held before Magistrate Robert J. DeGiacomo on February 9, 1998 at which time the case settled. The parties were given two weeks to prepare the necessary closing papers. On April 3, 1998, the Court granted defendants' motion to dismiss the case. We do not have copies of the closing papers, so the terms of the settlement are unknown.

Summary Authors

Dan Dalton (11/6/2007)

People

Judge(s)

Puglisi, Richard L. (New Mexico)

Svet, Don J. (New Mexico)

Attorney for Plaintiff

Kennedy, Joseph P. (New Mexico)

Nichols, Carolyn (New Mexico)

Attorney for Defendant

Baker, Jeanne (Florida)

Judge(s)

Puglisi, Richard L. (New Mexico)

Svet, Don J. (New Mexico)

Attorney for Plaintiff

Kennedy, Joseph P. (New Mexico)

Nichols, Carolyn (New Mexico)

Attorney for Defendant

Baker, Jeanne (Florida)

Documents in the Clearinghouse

Documents in this case

1:96-cv-01257	Docket (PACER)	April 3, 1998	April 3, 1998 Docket
71 1:96-cv-01257	Memorandum Opinion and Order	Nov. 17, 1997	Nov. 17, 1997 Order/Opinion

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Docket

Last updated March 26, 2025, 8:42 a.m.

ECF Number	Date	Description	Link
1	Sept. 12, 1996	COMPLAINT (3 Summonses issued) (referred to Magistrate Richard L. Puglisi ) (ks) (Entered: 09/16/1996)	PACER
2	Oct. 1, 1996	ANSWER by defendants [1-1] (msm) (Entered: 10/02/1996)	PACER
3	Oct. 1, 1996	ENTRY OF APPEARANCE for defendants by Jeffrey Baker (ks) (Entered: 10/02/1996)	PACER
4	Oct. 15, 1996	DEMAND for jury trial by plaintiff (ks) (Entered: 10/17/1996)	PACER
5	Oct. 16, 1996	INITIAL SCHEDULING ORDER by Magistrate Richard L. Puglisi; that parties meet and confer by 10/29/96; provisional discovery plan and IPTR due by 11/8/96, and Rule 16 scheduling conference set on 11/21/96 at 3:30 pm (cc: all counsel) (former employee) (Entered: 10/18/1996)	PACER
6	Nov. 5, 1996	PROVISIONAL DISCOVERY PLAN by the parties (kd) (Entered: 11/05/1996)	PACER
8	Nov. 21, 1996	CERTIFICATE of Service by pltf of initial disclosure to counsel on 11/21/96 (former employee) (Entered: 11/26/1996)	PACER
9	Nov. 22, 1996	CLERK'S MINUTES: before Magistrate Richard L. Puglisi ; Rule 16 scheduling conference was held on 11/21/96 (mk) (Entered: 11/26/1996)	PACER
7	Nov. 26, 1996	ORDER by Magistrate Richard L. Puglisi setting a settlement conference for 4/7/97 at 9:00 am (cc: all counsel) (former employee) (Entered: 11/26/1996)	PACER
10	Nov. 27, 1996	INITIAL PRE-TRIAL REPORT by Senior Judge Santiago E. Campos and Magistrate Richard L. Puglisi ; Discovery ddl set for 5/2/97 ;mtn filing ddl set for 6/2/97 ; proposed pretrial order due 7/17/97 ; Estimated # of Trial Days: 3-4; Chances of Settlement: unknown (cc: all counsel) (msm) (Entered: 11/27/1996)	PACER
11	Nov. 27, 1996	MINUTE ORDER: Jury Trial set at 9:00 am on 9/8/97 on a trailing docket in Santa Fe, NM (cc: all counsel) (msm) (Entered: 11/27/1996)	PACER
12	Jan. 7, 1997	CERTIFICATE of Service by pltf of 1st set of interrog to counsel on 1/7/97 (former employee) (Entered: 01/07/1997)	PACER
13	Jan. 13, 1997	ORDER by Senior Judge Santiago E. Campos upon consent of parties this case is transferred to Magistrate Don J. Svet for final disposition (cc: all counsel) (sl) (Entered: 01/14/1997)	PACER
14	Jan. 13, 1997	CERTIFICATE of service by defendants of 1st set of interrog & request for production of documents to counsel on 1/10/97 (sl) (Entered: 01/14/1997)	PACER
15	Jan. 24, 1997	CERTIFICATE of Service by pltf of initial disclosures to counsel on 1/23/97 (former employee) (Entered: 01/30/1997)	PACER
16	Feb. 4, 1997	CERTIFICATE of Service by defts of Answers to pltf's 1st Set of Interrog(s) to counsel on 2/4/97 (rd) (Entered: 02/04/1997)	PACER
17	March 5, 1997	MINUTE ORDER: by Magistrate Judge Don J. Svet setting jury trial ; Jury trial set for 9/8/97 at 9:00 am in Albuquerque, NM (cc: all counsel) (sl) (Entered: 03/05/1997)	PACER
18	April 2, 1997	ENTRY OF APPEARANCE for plaintiff Sharon Moya by Carolyn M. Nichols (dmw) (Entered: 04/02/1997)	PACER
19	April 8, 1997	STIPULATED ORDER by Magistrate Richard L. Puglisi vacating settlement conference set on 4/7/97 (cc: all counsel) (dmw) (Entered: 04/08/1997)	PACER
20	April 9, 1997	ORDER by Magistrate Richard L. Puglisi resetting settlement conference for 8/4/97 at 1:30 pm in Albuquerque, NM (cc: all counsel) (jrm) (Entered: 04/09/1997)	PACER
21	May 5, 1997	MOTION by pltf to amend the complaint and join Lisa Martinez (kd) (Entered: 05/06/1997)	PACER
22	May 5, 1997	MEMORANDUM by pltf in support of mtn to amend the complaint and join Lisa Martinez [21-1] (kd) (Entered: 05/06/1997)	PACER
24	May 5, 1997	REPLY by pltf to response to mtn to amend the complaint and join Lisa Martinez [21-1] (kd) (Entered: 05/06/1997)	PACER
25	May 13, 1997	ORDER by Magistrate Don J. Svet granting plaintiff's motion to amend the complaint and join Lisa Martinez [21-1] (cc: all counsel) (dmw) (Entered: 05/13/1997)	PACER
26	May 23, 1997	FIRST AMENDED COMPLAINT [1-1] by plaintiff; adding Lisa Martinez (jrm) (Entered: 05/27/1997)	PACER
27	June 4, 1997	CERTIFICATE of Service by pltfs of the 1st amended complaint to counsel on 5/23/97 and 6/4/97 (kd) (Entered: 06/05/1997)	PACER
28	June 12, 1997	ANSWER by defendants w/affirmative defenses to 1st amended complaint [26- 1] (jrm) (Entered: 06/12/1997)	PACER
29	July 17, 1997	MINUTE ORDER: Jury trial reset for 10/6/97 at 9:00 am in Albuquerque, NM before Magistrate Judge Svet (cc: all counsel) (kd) (Entered: 07/17/1997)	PACER
30	July 18, 1997	JOINT MOTION by the parties for Extension of Pre-trial Order deadlines and to vacate and re-set the Pre-trial Conference (kd) (Entered: 07/18/1997)	PACER
31	July 23, 1997	ORDER by Magistrate Don J. Svet granting joint motion to extend pretrial deadlines [30-1] Pretrial order ddl 9/3/97; Pretrial conference set on 9/9/97 at 1:30 pm (cc: all counsel) (dmw) (Entered: 07/23/1997)	PACER
32	July 24, 1997	ORDER by Magistrate Richard L. Puglisi vacating and resetting the settlement conference for 9/8/97 at 9:30 am in Albuquerque, NM (cc: all counsel) (jrm) (Entered: 07/24/1997)	PACER
33	Aug. 4, 1997	ORDER sua sponte by Magistrate Don J. Svet Pretrial conference reset for 9/17/97 at 8:30 am in Albuquerque, NM (cc: all counsel) (kd) (Entered: 08/04/1997)	PACER
34	Aug. 22, 1997	MOTION by plaintiffs to withdraw attorney Joseph P Kennedy as attorney of record for pltfs (jrm) (Entered: 08/25/1997)	PACER
35	Aug. 26, 1997	STIPULATED ORDER by Magistrate Richard L. Puglisi that NM Corrections Dept shall transport Lisa Martinez to Judge Puglisi's courtroom on 9/8/97 at 8:30 am for settlement conference (cc: all counsel) (dmw) (Entered: 08/26/1997)	PACER
36	Aug. 27, 1997	ORDER by Magistrate Don J. Svet granting plaintiffs' motion to withdraw attorney Joseph P Kennedy [34-1] (cc: all counsel) (dmw) (Entered: 08/27/1997)	PACER
	Sept. 9, 1997	SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi on 9/8/97; case did not settle (kd) (Entered: 09/09/1997)	PACER
37	Sept. 17, 1997	MINUTE ORDER: Jury trial reset on 10/27/97 at 1:30 pm before Magistrate Don J. Svet (CLERK: mm) (cc: all counsel) (dmw) (Entered: 09/17/1997)	PACER
38	Sept. 17, 1997	PRE-TRIAL ORDER by Magistrate Don J. Svet (cc: all counsel) (dmw) (Entered: 09/17/1997)	PACER
40	Oct. 20, 1997	PRAECIPE by City defendants' proposed instructions [39-1] (jrm) (Entered: 10/20/1997)	PACER
41	Oct. 20, 1997	REQUESTED VOIR DIRE submitted by defendants (jrm) (Entered: 10/20/1997)	PACER
42	Oct. 20, 1997	WITNESS list submitted by defendants (jrm) (Entered: 10/20/1997)	PACER
43	Oct. 20, 1997	TRIAL brief submitted by defendants (jrm) (Entered: 10/20/1997)	PACER
44	Oct. 20, 1997	MOTION by plaintiff in limine and memorandum in suport thereof: Federal Rules of Evidence 403 and 412 (jrm) (Entered: 10/20/1997)	PACER
45	Oct. 20, 1997	MOTION by plaintiffs in limine and memorandum in support thereof: Federal Rule of Evidence 403 (jrm) (Entered: 10/20/1997)	PACER
46	Oct. 20, 1997	TRIAL memorandum submitted by plaintiffs (jrm) (Entered: 10/20/1997)	PACER
47	Oct. 20, 1997	REQUSTED VOIR DIRE submitted by plaintiffs (jrm) (Entered: 10/20/1997)	PACER
48	Oct. 20, 1997	CONSOLIDATED WITNESS list submitted by pltfs and defts (jrm) (Entered: 10/20/1997)	PACER
49	Oct. 20, 1997	EXHIBIT list by plaintiffs (jrm) (Entered: 10/20/1997)	PACER
50	Oct. 20, 1997	JURY INSTRUCTIONS submitted by plaintiffs (numbered w/citations) (jrm) (Entered: 10/20/1997)	PACER
51	Oct. 21, 1997	VOIR DIRE topics & specific questions submitted by plaintiffs (dmw) (Entered: 10/22/1997)	PACER
52	Oct. 21, 1997	EXHIBIT list by defendants (jrm) (Entered: 10/22/1997)	PACER
53	Oct. 21, 1997	(BRIEF) BENCH MEMORANDUM FILED by plaintiffs regarding defts' anticipated motion for judgment as a matter of law pursuant to the prison litigation reform act (jrm) (Entered: 10/22/1997)	PACER
54	Oct. 22, 1997	STIPULATED ORDER FOR TRANSPORT by Magistrate Don J. Svet as described herein (see Order for specifics) (cc: all counsel) (jrm) (Entered: 10/22/1997)	PACER
55	Oct. 23, 1997	CONSOLIDATED EXHIBIT list identifying all exhibits the parties have stipulated to be authentic, but to which there are other objections (dmw) (Entered: 10/24/1997)	PACER
56	Oct. 23, 1997	CONSOLIDATED EXHIBIT list identifying all exhibits that the parties have stipulated are admissible (dmw) (Entered: 10/24/1997)	PACER
57	Oct. 24, 1997	MOTION & memorandum brief in support by defendant to quash subpoena duces tecum (dmw) (Entered: 10/24/1997)	PACER
58	Oct. 27, 1997	RESPONSE by defendants to motion in limine: Federal Rule of Evidence 403 & 412 [44-1] (dmw) (Entered: 10/27/1997)	PACER
60	Oct. 27, 1997	OBJECTIONS by defendants to use of deposition testimony of Veronica Dominguez (dmw) (Entered: 10/27/1997)	PACER
61	Oct. 27, 1997	REPLY by defendants to response to motion to quash subpoena duces tecum [57-1] (dmw) (Entered: 10/27/1997)	PACER
62	Oct. 27, 1997	RESPONSE by plaintiff to motion to quash subpoena duces tecum [57-1] (dmw) (Entered: 10/27/1997)	PACER
63	Oct. 27, 1997	CLERK'S MINUTES: before Magistrate Don J. Svet; jury impaneled, pre-trial motions heard; C/R: Tina Martinez (dmw) (Entered: 10/29/1997)	PACER
64	Oct. 28, 1997	CLERK'S MINUTES: before Magistrate Don J. Svet jury trial began C/R: Karen Rodriquez (dmw) (Entered: 10/29/1997)	PACER
65	Oct. 29, 1997	CLERK'S MINUTES: before Magistrate Don J. Svet; jury trial continued; C/R: Karen Rodriguez (dmw) (Entered: 10/30/1997)	PACER
66	Oct. 30, 1997	NOTICE by pltf of requested verdict form (kd) (Entered: 10/30/1997)	PACER
67	Oct. 30, 1997	SUPPLEMENTAL REQUESTED JURY INSTRUCTIONS submitted by pltf (kd) (Entered: 10/30/1997)	PACER
68	Oct. 30, 1997	CLERK'S MINUTES: before Magistrate Don J. Svet jury trial ended; mistrial C/R: Karen Rodriguez (dmw) (Entered: 10/31/1997)	PACER
69	Oct. 30, 1997	RECEIPT FOR TRIAL EXHIBITS by defendants (dmw) (Entered: 10/31/1997)	PACER
70	Oct. 30, 1997	RECEIPT FOR TRIAL EXHIBITS by plaintiffs (dmw) (Entered: 10/31/1997)	PACER
71	Nov. 17, 1997	MEMORANDUM, OPINION, AND ORDER: by Magistrate Don J. Svet re defendants' oral motion for judgment as a matter of law (cc: all counsel) (dmw) (Entered: 11/17/1997)	PACER
72	Nov. 17, 1997	JUDGMENT: by Magistrate Don J. Svet dismissing counts I, II & III of the complaint with prejudice (cc: all counsel) (dmw) (Entered: 11/17/1997)	PACER
73	Jan. 5, 1998	ORDER by Magistrate Robert J. DeGiacomo setting settlement conference on 2/9/98 at 9:00 am (cc: all counsel by cb) (dmw) (Entered: 01/07/1998)	PACER
74	Jan. 13, 1998	ORDER by Magistrate Don J. Svet Pretrial conference set for 1/20/98 at 8:30 am ; Jury trial set for 2/17/98 at 9:00 am (cc: all counsel electronically) (jrm) (Entered: 01/14/1998)	PACER
	Jan. 20, 1998	PARTIAL TRANSCRIPT OF PROCEEDINGS before Magistrate Don J. Svet Trial held on 10/28/97; (re [64-2] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)	PACER
	Jan. 20, 1998	PARTIAL TRANSCRIPT OF PROCEEDINGS before Magistrate Don J. Svet held on 10/28/97; (Testimony of Sharon Moya) (re [64-2] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)	PACER
	Jan. 20, 1998	PARTIAL TRANSCRIPT OF PROCEEDINGS (Testimony of Liza Martinez) before Magistrate Don J. Svet held on 10/27/97; (re [63-1] ) lodged in separate file folder (former employee) (Entered: 01/20/1998)	PACER
75	Jan. 27, 1998	ORDER by Magistrate Robert J. DeGiacomo that NM Corrections Dept transport pltf Lisa Martinez on 2/9/98 for settlement conference (cc: all counsel) (dmw) (Entered: 01/27/1998)	PACER
78	Jan. 29, 1998	UNOPPOSED MOTION by pltfs of continuance of trial setting of February 17, 1998 and pre-trial deadlines and memorandum in support thereof (rd) Modified on 02/03/1998 (Entered: 02/03/1998)	PACER
76	Jan. 30, 1998	ORDER by Magistrate Don J. Svet granting pltf's motion to continue trial setting set for 2/17/98 (motion not in system) ; Jury trial re-set for 5/18/98 at 9:00 in Albuquerque, NM (cc: all counsel, electronic mailing) (sl) (Entered: 02/02/1998)	PACER
77	Jan. 30, 1998	STIPULATED ORDER by Magistrate Robert J. DeGiacomo for transport of pltf Sharon Moya from Espanola Detention Center for settlement conference on 2/9/98 at 9:00 am (cc: all counsel) (dmw) (Entered: 01/30/1998)	PACER
79	Feb. 6, 1998	MOTION by plaintiffs for order for certification of memorandun opinion and order for interlocutory appeal (jrm) (Entered: 02/09/1998)	PACER
80	Feb. 6, 1998	MEMORANDUM by plaintiffs in support of motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)	PACER
81	Feb. 6, 1998	RESPONSE by defendants to motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)	PACER
82	Feb. 6, 1998	REPLY by plaintiffs to response to motion for order for certification of memorandun opinion and order for interlocutory appeal [79-1] (jrm) (Entered: 02/09/1998)	PACER
	Feb. 9, 1998	SETTLEMENT CONFERENCE held before Magistrate Robert J. DeGiacomo; case settled (dmw) (Entered: 02/11/1998)	PACER
83	Feb. 10, 1998	NOTICE to counsel from Magistrate Robert J. DeGiacomo that closing documents must be filed by 2/23/98 (dmw) (Entered: 02/11/1998)	PACER
84	April 3, 1998	ORDER by Magistrate Don J. Svet granting defts' motion to dismiss complaint with prejudice (motion not in system) dismissing case (cc: all counsel) (sl) (Entered: 04/03/1998)	PACER

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Case Details

State / Territory:

New Mexico

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 12, 1996

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two females subjected to unlawful strip searches.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Albuquerque

County

Bernalillo County Detention Center

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of New Mexico 1:96-cv-01257

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation

Case Summary of Moya v. City of Albuquerque, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10530/ (last updated 11/6/2007).