Case: Nilsen v. York County

2:02-cv-00212 | U.S. District Court for the District of Maine

Filed Date: Oct. 15, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On October 15, 2002, a man and woman represented by attorneys David G. Webbert of Augusta, Maine, and Howard Friedman of Boston, Massachusetts, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for Maine. The lawsuit challenged the blanket policy of conducting routine, suspicionless strip searches of all pre-arraignment detainees entering the York County (Maine) Jail. Plaintiffs maintained that with every pre-trial detainee strip searche…

On October 15, 2002, a man and woman represented by attorneys David G. Webbert of Augusta, Maine, and Howard Friedman of Boston, Massachusetts, filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for Maine. The lawsuit challenged the blanket policy of conducting routine, suspicionless strip searches of all pre-arraignment detainees entering the York County (Maine) Jail. Plaintiffs maintained that with every pre-trial detainee strip searched, regardless of the offense charged and whether there was reasonable cause to believe that each detainee carried concealed weapons or contraband, the policy violated the Fourth Amendment's prohibition against unreasonable search and seizure. Plaintiffs sought monetary damages and class certification.

The District Court (District Judge David B. Hornby) adopted and modified the report and recommendation of Magistrate Judge David M. Cohen and certified the case as a class action, with the class defined as follows:

All people strip-searched at the York County Jail after October 14, 1996, under a policy or custom of conducting strip-searches without evaluating individualized reasonable suspicion:

(1) while waiting for bail to be set or for a first court appearance after being arrested on charges that did not involve a weapon or drugs or a violent felony; or

(2) while waiting for a first court appearance after being arrested on a default or other warrant that did not involve a weapon or drugs or a violent felony.

Nilsen v. York County, 219 F.R.D. 19 (D. Me. 2003).

Defendants appealed and the case was consolidated on appeal with Tardiff v. Knox County, a similar case pending before a different district court judge. (See JC-ME-4 of this collection). The U.S. Circuit Court of Appeals for the First Circuit affirmed the class certification orders in both cases. Tardiff v. Knox County, 365 F.3d 1 (1st Cir. 2004) (Circuit Judge Michael Boudin).

After class certification was affirmed on appeal, the parties reached a tentative settlement and moved for preliminary court approval. Judge Hornby declined to give his preliminary approval of the settlement's provision that class members who were arrested multiple times receive no extra recovery for the resulting multiple strip searches. Rather, he advised the parties that he would rule on the issue following the fairness hearing, which he set for August 1, 2005. Nilsen v. York County, 228 F.R.D. 60 (D. Me. 2005). The Judge approved the class notice on Apr 01, 2005. Nilsen v. York County, 2005 WL 757859 (D. Me. 2005).

Following a fairness hearing on August 1, 2005, Judge Hornby approved the settlement in all respects, except the provision that called for the County to pay women twice as much as men. Nilsen v. York County, 382 F. Supp.2d 206 (D. Me. 2005). The parties then amended the settlement to provide equal settlement payments to male and female class members. Because of the amendment, female class members were given a new opportunity to opt out of the settlement. Judge Hornby approved the amended settlement. Nilsen v. York County, 400 F. Supp.2d 265 (D. Me. 2005).

Under the terms of the amended settlement, York County agreed to pay $3.3 million to settle the class claims. Of that amount, 20 class members received incentive awards totaling $25,500 for time spent working with class counsel on the settlement. York County also agreed to enact a new policy protecting the privacy of pre-trial detainees from illegal strip searches. Plaintiffs' attorneys were awarded fees of $825,000 (25% of $3.3 million fund). Nilsen v. York County, 400 F. Supp.2d 266 (D. Me. 2005). It was estimated that there were approximately 7,500 class members. Over 1,300 filed claims, constituting a participation rate of approximately 17.78%.

On November 30, 2005, Judge Hornsby recused himself from the case, in view of his spouse's business connections to the state. The case was reassigned to District Judge George Z. Singal. On June 26, 2006, Judge Singal directed the court clerk to close the case.

Summary Authors

Dan Dalton (2/17/2008)

Related Cases

Dare v. Knox County, District of Maine (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12069135/parties/nilsen-v-york-county/


Judge(s)
Attorney for Plaintiff

BILLS, JENNIFER L. (Maine)

JOUN, MYONG J. (Maine)

Attorney for Defendant

MARCHESI, PETER T. (Maine)

Expert/Monitor/Master/Other

BARILONE, ERNEST J (Maine)

FRIEDMAN, HOWARD (Maine)

Documents in the Clearinghouse

Documents in this case

2:02-cv-00212

Docket [PACER]

Dec. 7, 2006

Dec. 7, 2006

Docket
50

2:02-cv-00212

Defendant's Response to Plaintiff's Objection to Recommended Decision on Plaintiffs' Motion for Class Certification

Oct. 14, 2003

Oct. 14, 2003

Pleading / Motion / Brief
59

2:02-cv-00212

Recommended Decision on Plaintiffs' Motion for Class Certification and Order Affirming Recommended Decision of the Magistrate Judge

Dec. 18, 2003

Dec. 18, 2003

Order/Opinion

219 F.R.D. 19

117

2:02-cv-00212

Order on Motion for Preliminary Approval of Class Settlement

March 4, 2005

March 4, 2005

Order/Opinion

228 F.R.D. 60

125

2:02-cv-00212

Order Directing Class-Wide Notice of Settlement

April 1, 2005

April 1, 2005

Order/Opinion

2005 WL 757859

159

2:02-cv-00212

Order on Motion for Final Approval of Class Settlement

Aug. 18, 2005

Aug. 18, 2005

Order/Opinion

382 F.Supp.2d 206

167

2:02-cv-00212

Order on Motion for Final Approval of Second Amended Settlement Agreement

Sept. 8, 2005

Sept. 8, 2005

Order/Opinion

400 F.Supp.2d 265

185

2:02-cv-00212

Order on Motion for Award of Attorney Fees and Litigation Expenses

Nov. 10, 2005

Nov. 10, 2005

Order/Opinion

400 F.Supp.2d 266

[Settlement Summary]

No Court

Dec. 31, 2005

Dec. 31, 2005

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12069135/nilsen-v-york-county/

Last updated March 31, 2026, 4:49 a.m.

ECF Number Date Description Link
1 Oct. 15, 2002

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 46478; jury demand (Service of Process Deadline 2/12/03 ) (mnm) (Entered: 10/16/2002)

RECAP
Oct. 15, 2002

Pro Hac Vice Certificate for MICHELE NILSEN by HOWARD FRIEDMAN (mnm)

Feb. 11, 2003

Summons Issued as to YORK COUNTY c/o David R. Adjutant, County Clerk/County Manager. (mo, )

2 Feb. 13, 2003

AMENDED COMPLAINT against YORK COUNTY with JURY DEMANDfiled by MICHELE NILSEN. (Service of Process Deadline 6/13/2003)(mo, ) (Entered: 02/13/2003)

RECAP
3 Feb. 13, 2003

SUMMONS Returned Executed by MICHELE NILSEN. YORK COUNTY served on 2/11/2003. Answer due by 3/3/2003 for YORK COUNTY (mjl, ) (Entered: 02/18/2003)

RECAP
4 Feb. 25, 2003

ANSWER to Amended Complaint by YORK COUNTY.(mnm, ) (Entered: 02/26/2003)

RECAP
5 Feb. 26, 2003

SCHEDULING ORDER: Discovery due by 7/2/2003. Motions due by 7/9/2003. Ready for Trial on 10/1/2003. Signed by Judge DAVID M. COHEN on 02/26/03. (mnm, ) (Entered: 03/06/2003)

RECAP
6 March 12, 2003

Joint MOTION to Amend Scheduling Order to extend ddls for conferring and objecting to scheduling order by YORK COUNTY. (dw, ) (Entered: 03/14/2003)

RECAP
March 14, 2003

MOTIONS 6 Joint MOTION to Amend Scheduling Order to extend ddls for conferring and objecting to scheduling order REFERRED to Magistrate Judge MAGISTRATE JUDGE DAVID M. COHEN.(dw)

March 17, 2003

ENDORSEMENT granting 6 Motion to Amend Scheduling Order Signed by Judge DAVID M. COHEN on 03/17/03. (mnm, )

7 March 19, 2003

Unopposed MOTION to Extend Time until April 2, 2003 to file any motion to strike portions of the Defendant's answer Answer to Amended Complaint 4 by MICHELE NILSEN. (mnm, ) (Entered: 03/20/2003)

RECAP
March 19, 2003

NOTICE of Appearance by JOHN J. WALL III on behalf of YORK COUNTY (mjl, )

March 19, 2003

MOTIONS 7 Unopposed MOTION to Extend Time until April 2, 2003 to file any motion to strike portions of the Defendant's answer Answer to Amended Complaint 4 REFERRED to Magistrate Judge David M. Cohen.(mnm, )

March 19, 2003

ENDORSEMENT granting 7 Motion to Extend Time Signed by Judge DAVID M. COHEN on 03/19/03. (mnm, )

8 March 21, 2003

MOTION to Amend Scheduling Order to Modify: Track Assignment, Amount of Discovery and Deadlines by MICHELE NILSEN.Responses due by 4/11/2003. (ckb, ) (Entered: 03/24/2003)

RECAP
March 24, 2003

MOTIONS 8 MOTION to Amend Scheduling Order to Modify: Track Assignment, Amount of Discovery and Deadlines REFERRED to Magistrate Judge Magistrate Judge Cohen.(ckb, )

9 April 2, 2003

MOTION to Strike 4 Answer to Amended Complaint by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 4/23/2003. (ckb, ) (Entered: 04/02/2003)

RECAP
10 April 2, 2003

RESPONSE to Motion re 8 MOTION to Amend Scheduling Order to Modify: Track Assignment, Amount of Discovery and Deadlines filed by YORK COUNTY. (mnm, ) (Entered: 04/02/2003)

RECAP
11 April 9, 2003

REPORT OF SCHEDULING CONFERENCE AND ORDER re 8 MOTION to Amend Scheduling Order filed by MICHELE NILSEN. "(1)The plaintiff's deadline for designation of expert witnesses, etc., is extended to two weeks following the final decision on the class certification motion. (2) The defendant's deadline for designation of expert witnesses, etc., is extended to thirty days following the plaintiff's expert witness designation. (3) The deadlines for (i) joinder of additional parties and amendment of pleadings (ii) completion of discovery and identification and production of Local Rule 44 records, and (iii) filing of all dispositive motions and all Daubert and Kumho motions are enlarged to May 7, August 27, and September 8, 2003, respectively, with the understanding that (i) the deadline for joinder and amendment may be reopened and reset if the class certification motion is denied and (ii) the discovery deadline may be extended after final decision on the class certification motion if circumstances at the time so warrant." Discovery due by 8/27/2003. Motions due by 9/8/2003. Specific Document Deadline (1)(for the filing by the plaintiff of a motion for class certification) due by 5/28/2003. Specific Document Deadline (2)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) due by 6/30/2003. Signed by Judge DAVID M. COHEN on 04/09/03. (mnm, ) (Entered: 04/11/2003)

RECAP
April 9, 2003

Minute Entry for proceedings held before Judge DAVID M. COHEN : Telephone Conference held re: Mtn #8 to Amend Scheduling Order. (Court Reporter NONE) (mnm, )

12 April 14, 2003

RESPONSE to Motion re 9 MOTION to Strike 4 Answer to Amended Complaint filed by YORK COUNTY.Reply due by 4/25/2003. (mnm, ) (Entered: 04/15/2003)

RECAP
13 April 25, 2003

REPLY to Response to Motion re 9 MOTION to Strike 4 Answer to Amended Complaint filed by MICHELE NILSEN. (mnm, ) (Entered: 04/26/2003)

RECAP
April 26, 2003

MOTIONS 9 MOTION to Strike 4 Answer to Amended Complaint REFERRED to Magistrate Judge DAVID M. COHEN.(mnm, )

14 April 28, 2003

MOTION to Amend Scheduling Order To Change the Track from Standard to Complex by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 5/19/2003. (mo, ) (Entered: 04/29/2003)

RECAP
15 May 1, 2003

ORDER pertaining to production of confidential documents Signed by Judge D. BROCK HORNBY on 05/01/03. (mnm, ) (Entered: 05/01/2003)

RECAP
May 1, 2003

MOTION 14 to Amend Scheduling Order To Change the Track from Standard to Complex REFERRED to Magistrate Judge David M. Cohen.(mo, )

16 May 7, 2003

RESPONSE to Motion re 14 MOTION to Amend Scheduling Order To Change the Track from Standard to Complex filed by YORK COUNTY.Reply due by 5/19/2003. (mo, ) (Entered: 05/07/2003)

RECAP
17 May 7, 2003

REPLY to Response to Motion re 14 MOTION to Amend Scheduling Order To Change the Track from Standard to Complex filed by MICHELE NILSEN. (mnm, ) (Entered: 05/08/2003)

RECAP
18 May 7, 2003

MOTION to For Leave to File Second Amended Complaint and to Join additional named plaintiff by MICHELE NILSEN WITH MEMO IN SUPPORT.Responses due by 5/28/2003. (mnm, ) Modified on 5/8/2003 (mnm, ). (Entered: 05/08/2003)

RECAP
May 8, 2003

MOTIONS 14 MOTION to Amend Scheduling Order To Change the Track from Standard to Complex REFERRED to Magistrate Judge COHEN.(slh, )

May 8, 2003

ENDORSEMENT ORDER denying 9 Motion to Strike, "5/8/03 The Motion is denied. The defendant shall file an amended answer to reflect the admission contained in footnote 1 on page 2 of the defendant?s objection to the motion to strike (Docket No. 12) that the referenced document does contain the words quoted in the second sentence of paragraph 4 of the Complaint. So Ordered." Signed by Magistrate Judge DAVID M. COHEN on 5/8/03. (mo, )

May 8, 2003

Motions No Longer Referred: 14 MOTION to Amend Scheduling Order To Change the Track from Standard to Complex(mo, )

May 9, 2003

Motions Taken Under Advisement: 14 MOTION to Amend Scheduling Order To Change the Track from Standard to Complex(mo, )

19 May 15, 2003

MOTION to Amend Scheduling Order to Extend Deadline for Filing Motion for Class Cert from 05/28/2003 to 06/11/2003 by MICHELE NILSEN W/MEMO IN SUPPORT.Responses due by 6/5/2003. (dw, ) (Entered: 05/15/2003)

RECAP
20 May 15, 2003

AMENDED ANSWER to 2 First Amended Complaint by YORK COUNTY. (dw) (Entered: 05/15/2003)

RECAP
May 15, 2003

NOTICE of Hearing: Conference of Counsel set for 5/23/2003 02:30 PM before JUDGE D. BROCK HORNBY. (mnm, )

May 16, 2003

ENDORSED ORDER granting without objection 19 Motion to Amend Scheduling Order to extend Pltf's deadline for filing Motion for Class Certification to 06/11/2003. /s/ USDJ D. BROCK HORNBY. (dw)

21 May 23, 2003

PLAINTIFF'S FIRST PROPOSED STIPULATION by MICHELE NILSEN. (mnm, ) (Entered: 05/23/2003)

RECAP
22 May 23, 2003

SCHEDULING ORDER AND ORDER ON PENDING MOTIONS: Discovery due by 9/26/2003. Motions due by 10/17/2003. By Judge D. BROCK HORNBY. (mnm, ) (Entered: 05/27/2003)

RECAP
23 May 23, 2003

Minute Entry for proceedings held before Judge D. BROCK HORNBY : Conference of Counsel held re Mtn #14 to Amend Scheduling Order, see Order #22. (Court Reporter Pauline Terry) (mnm, ) (Entered: 05/27/2003)

RECAP
24 May 23, 2003

SECOND AMENDED COMPLAINT against YORK COUNTY with JURY DEMAND, filed by MICHAEL GOODRICH, MICHELE NILSEN.(mo, ) (Entered: 06/10/2003)

RECAP
May 23, 2003

SCHEDULING ORDER AND ORDER ON PENDING MOTIONS (INCLUDED WITHIN DOCKET NO. 22) re: 18 MOTION to Amend 2 Amended Complaint to Join additional named plaintiff filed by MICHELE NILSEN, 14 MOTION to Amend Scheduling Order filed by MICHELE NILSEN. "Plaintiff's motion for leave to file a second amended complaint to join an additional named plaintiff is GRANTED WITHOUT OBJECTION." Set Deadlines: Specific Document Deadline (1)(plaintiff to file a motion for class certification) due by 6/11/2003. By Judge D. BROCK HORNBY. (mnm, )

25 June 9, 2003

ANSWER to Second Amended Complaint by YORK COUNTY.(mo, ) (Entered: 06/10/2003)

RECAP
26 June 11, 2003

Consent MOTION to Extend Time For Two Day Enlargement of Time To File Motion For Class Certification by MICHAEL GOODRICH, MICHELE NILSEN.Responses due by 7/2/2003. (mjl, ) (Entered: 06/12/2003)

RECAP
27 June 11, 2003

MEMORANDUM by MICHAEL GOODRICH, MICHELE NILSEN in support of 26 Consent MOTION to Extend Time For Two Day Enlargement of Time To File Motion For Class Certification. (mjl, ) (Entered: 06/12/2003)

RECAP
June 12, 2003

ORDER granting 26 Motion to Extend Time To File Motion For Class Certification By Judge DAVID M. COHEN. (mjl, )

28 June 13, 2003

MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 by MICHAEL GOODRICH, MICHELE NILSEN.Responses due by 7/7/2003. (ka, ) (Entered: 06/16/2003)

RECAP
29 June 17, 2003

AMENDED ORDER re: Pertaining To Production Of Documents By Judge DAVID M. COHEN. (mjl, ) (Entered: 06/17/2003)

RECAP
30 June 25, 2003

FIRST AMENDED ANSWER to 24 Second Amended Complaint by YORK COUNTY. (mjl, ) (Entered: 06/27/2003)

RECAP
July 1, 2003

***Set/Reset Deadlines : Specific Document Deadline (2) due by 7/22/2003 - Specific Document Deadline (2)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) (ckb, )

31 July 2, 2003

Unopposed MOTION to Extend Time For An Additional Week To File Respone To Motion For Class Certification by YORK COUNTY. (mjl, ) (Entered: 07/03/2003)

RECAP
July 3, 2003

ENDORSEMENT granting 31 Motion to Extend Time to Respond to Mtn for Class Certification By Judge DAVID M. COHEN. (ckb, )

July 3, 2003

***Set/Reset Deadlines as to 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96.Responses due by 7/14/2003(ckb, )

July 9, 2003

TRANSCRIPT of Proceedings: Conference held on May 23, 2003 before Judge D. Brock Hornby. Court Reporter: Pauline Terry. (mnm, )

32 July 14, 2003

MOTION for Leave to File Response to Motion #28 for Class Certification in excess of page limits by YORK COUNTY. (mnm, ) (Entered: 07/15/2003)

RECAP
33 July 14, 2003

RESPONSE to Motion re 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by YORK COUNTY.Reply due by 7/25/2003. (mnm, ) (Entered: 07/16/2003)

RECAP
July 15, 2003

ENDORSEMENT granting 32 Motion for Leave to File By Judge DAVID M. COHEN. (mnm, )

34 July 22, 2003

MOTION for Leave to File Supplemental Memorandum In Support Of Objection To Motion For Class Certification With Exhibits by YORK COUNTY.Responses due by 8/12/2003. (mjl, ) (Entered: 07/22/2003)

RECAP
35 July 22, 2003

Unopposed MOTION to Extend Time Until August 8, 2003 To File Reply To Motion For Class Certification by MICHAEL GOODRICH, MICHELE NILSEN. (mjl, ) (Entered: 07/22/2003)

RECAP
July 23, 2003

ENDORSEMENT granting without objection 34 Motion for Leave to File By Judge DAVID M. COHEN. (mnm, )

July 23, 2003

***Set/Reset Deadlines : Specific Document Deadline (1)(Supplemental Memorandum in support of Objection to Motion for Class Certification) due by 8/5/2003, see endorsement on docket no. 34.(mnm, )

July 23, 2003

ENDORSEMENT granting 35 Motion to Extend Time By Judge DAVID M. COHEN. (mnm, )

July 23, 2003

***Set/Reset Deadlines as to 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96.Reply due by 8/8/2003, per endorsement on docket no. 35.(mnm, )

July 25, 2003

***Set/Reset Deadlines : Specific Document Deadline (1)(the Clerk's Office to schedule a further scheduling conference as soon as possible after the court's final decision on class certification is rendered to address these and any other pre-trial schedule-related issues then outstanding and to determine the month in which trial is expected to occur) due by 8/29/2003.(mnm, )

36 Aug. 5, 2003

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT of 33 Response to Motion by York County. (ka, ) (Entered: 08/06/2003)

RECAP
37 Aug. 8, 2003

Consent MOTION to Extend Time of One Business Day to August 11, 2003, to file Reply Memorandum, MOTION for Leave to File to Exceed the Page Limit to 20 Pages by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/08/2003)

RECAP
38 Aug. 11, 2003

REPLY to Response to Motion re 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/12/2003)

RECAP
Aug. 12, 2003

ENDORSEMENT granting 37 Motion to Extend Time, granting 37 Motion for Leave to File. "08/12/03 Granted. /s/ David M. Cohen USMJ" By Judge DAVID M. COHEN. (ka, ) Modified on 8/12/2003 to correct the endorsement, not order(ka, ).

39 Aug. 13, 2003

Minute Entry for proceedings held before Judge DAVID M. COHEN : Discovery Hearing held via telephone re: Atty Webbert's letter of 05/20/03 (document requests issues outlined therein still outstanding). (Court Reporter NONE) (ka, ) (Entered: 08/13/2003)

RECAP
40 Aug. 13, 2003

REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE (re: Production of Documents). Specific Document Deadline (1) (Counsel to advise whether dispute has been resolved and, if not, what their respective positions are as of the date of their report) due by 8/29/2003. By Judge DAVID M. COHEN. (ka, ) (Entered: 08/13/2003)

RECAP
41 Aug. 18, 2003

AFFIDAVIT of Howard Friedman filed by MICHAEL GOODRICH, MICHELE NILSEN. (ka, ) (Entered: 08/18/2003)

RECAP
42 Aug. 22, 2003

Consent MOTION to Intervene as plaintiff by CHARLES NEVILLE. (mo, ) (Entered: 08/22/2003)

RECAP
43 Aug. 25, 2003

Intervenor COMPLAINT against YORK COUNTY, filed by CHARLES NEVILLE. (Service of Process Deadline 12/23/2003)(mo, ) (Entered: 08/25/2003)

RECAP
44 Aug. 25, 2003

MOTION for Leave to File Sur-Reply Memorandum With Regards To The Plaintiff's Motion For Class Certification, MOTION for Oral Arguement On The Motion For Class Certification by YORK COUNTY.Responses due by 9/15/2003. (mjl, ) (Entered: 08/26/2003)

RECAP
Aug. 25, 2003

ENDORSEMENT ORDER granting 42 Motion to Intervene By Magistrate Judge DAVID M. COHEN. (mo, )

45 Aug. 27, 2003

REPORT AND RECOMMENDED DECISION re 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH be GRANTED with Certain Class definition Objections to R&R due by 9/15/2003 By Magistrate Judge DAVID M. COHEN. (mo, ) (Entered: 08/27/2003)

RECAP
46 Sept. 5, 2003

Joint MOTION to Extend Time Until 09/26/03 to File Objections to the Recommended Decision on Plaintiff's Motion for Class Certification by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH INCORPORATED MEMO. (ka, ) (Entered: 09/08/2003)

RECAP
47 Sept. 5, 2003

ANSWER to Intervenor Complaint by YORK COUNTY.(ka, ) (Entered: 09/08/2003)

RECAP
Sept. 5, 2003

Joint MOTION to Amend Scheduling Order to Extend Discovery Deadline to 10/6/03 (Included within Docket #46) by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH INCORPORATED MEMO. (ka, )

Sept. 9, 2003

ENDORSEMENT granting 46 Motion to Extend Time. "9/9/03 Granted as prayed for. /s/ David M. Cohen USMJ" By Judge DAVID M. COHEN. (ka, )

Sept. 9, 2003

***Set/Reset Deadlines as to 45 REPORT AND RECOMMENDED DECISION re 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH. Objections to R&R due by 9/26/2003.(ka, )

Sept. 9, 2003

ENDORSEMENT granting 46 Motion to Amend Scheduling Order Discovery due by 10/14/2003. By Judge DAVID M. COHEN. (ka, )

48 Sept. 26, 2003

Objection to Report and Recommended Decision re 45 Report and Recommended Decision, filed by MICHAEL GOODRICH, MICHELE NILSEN. Response to Objection to Report and Recommendations due by 10/14/2003. (ka, ) (Entered: 09/26/2003)

RECAP
49 Sept. 26, 2003

Objection to Report and Recommended Decision re 45 Report and Recommended Decision, filed by YORK COUNTY. Response to Objection to Report and Recommendations due by 10/14/2003. (ka, ) (Entered: 09/26/2003)

RECAP
50 Oct. 14, 2003

Response to Objection to Report and Recommended Decision re 45 Report and Recommended Decision, on Plaintiff's Motion for Class Certification filed by YORK COUNTY. (MARCHESI, PETER) Modified on 10/15/2003 to reflect counsel notified as to not file electronic pleadings in pre 2003 cases. Counsel advised to file pleading w/ signature (mnm, ). (Entered: 10/14/2003)

Clearinghouse
51 Oct. 14, 2003

Response to Objection to Report and Recommended Decision re 45 Report and Recommended Decision, filed by MICHAEL GOODRICH, MICHELE NILSEN. (mnm, ) (Entered: 10/15/2003)

RECAP
52 Oct. 16, 2003

Response to Objection to Report and Recommended Decision re 45 Report and Recommended Decision, filed by YORK COUNTY. (ka, ) (Entered: 10/16/2003)

RECAP
53 Nov. 6, 2003

NOTICE of Hearing: Hearing (ORAL ARGUMENT ON THE OBJECTIONS TO THE RECOMMENDED DECISION) set for 11/24/2003 03:00 PM in Courtroom 2 before JUDGE D. BROCK HORNBY. (mnm, ) (Entered: 11/06/2003)

RECAP
54 Nov. 13, 2003

NOTICE of Hearing (Oral Argument on the Objections to the Recommended Decision): Hearing re-set to 12/18/2003, 09:00 AM in Courtroom 2, before JUDGE D. BROCK HORNBY. (ka, ) (Entered: 11/13/2003)

RECAP
56 Nov. 13, 2003

OBJECTION TO SUBPOENA by Mark W. Lawrence, District Attorney (mnm, ) (Entered: 12/05/2003)

RECAP
55 Dec. 3, 2003

Minute Entry for proceedings held before Judge DAVID M. COHEN : Discovery Hearing held. (Court Reporter none) (COHEN, DAVID) (Entered: 12/03/2003)

RECAP
57 Dec. 3, 2003

REPORT OF HEARING AND ORDER - RE: DISCOVERY DISPUTE - By Judge DAVID M. COHEN. (mnm, ) (Entered: 12/05/2003)

RECAP
58 Dec. 18, 2003

Minute Entry for proceedings held before Judge D. BROCK HORNBY : Motion Hearing (ORAL ARGUMENT) held re OBJECTIONS TO 45 REPORT AND RECOMMENDED DECISION re 28 MOTION to Certify Class for all people strip searched at the York County Jail after 10/14/96 filed by MICHELE NILSEN, MICHAEL GOODRICH. Matter taken under advisement. (Court Reporter PAULINE TERRY) (mnm, ) (Entered: 12/18/2003)

RECAP
59 Dec. 18, 2003

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE for 28 Motion to Certify Class filed by MICHELE NILSEN, MICHAEL GOODRICH, 45 Report and Recommended Decision. "It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiff's motion for class certification is GRANTED, but only as to a class under Fed. R. Civ. P. 23(b)(3) and only as to a class defined as follows: All people strip-searched at the York County Jail after October 14, 1996, under a policy or custom of conducting strip-searches without evaluating individualized reasonable suspicion: (1) while waiting for bail to be set or for a first court appearance after being arrested on charges that did not involve a weapon or drugs or a violent felony; or (2) while waiting for a first court appearance after being arrested on a default or other warrant that did not involve a weapon or drugs or a violent felony. SO ORDERED." By Judge D. BROCK HORNBY. (mnm, ) (Entered: 12/18/2003)

Clearinghouse
60 Dec. 22, 2003

NOTICE of Appearance Pro Hac Vice of J. Lizette Richards filed by DAVID G. WEBBERT on behalf of MICHAEL GOODRICH, MICHELE NILSEN (ckb, ) (Entered: 12/24/2003)

RECAP
61 Dec. 22, 2003

NOTICE of Appearance Pro Hac Vice of Myong J. Joun filed by DAVID G. WEBBERT on behalf of MICHAEL GOODRICH, MICHELE NILSEN (ckb, ) (Entered: 12/24/2003)

RECAP
62 Jan. 5, 2004

Joint MOTION to Amend Scheduling Order To Enlarge Deadline For Designating Experts by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY. (mjl, ) (Entered: 01/05/2004)

RECAP
Jan. 6, 2004

Oral ORDER By Mag.Judge DAVID M. COHEN per t/c to Atty Webbert, Set Deadlines: Joint Proposed Discovery and Motion Plan due by 1/20/2004. In accordance with Magistrate Judge Cohen's review of this case, counsel shall file a joint proposed discovery and motion plan no later than January 20, 2004, following which a (telephone) conference of counsel will be scheduled should such be deemed necessary. To the extent counsel are unable to agree on certain issues, this joint plan shall reflect the parties differing positions on any such issues not agreed to by all parties.(slh, )

Jan. 6, 2004

Oral ORDER terminating 62 Motion to Amend Scheduling Order to extend expert deadlines By Mag.Judge DAVID M. COHEN. Cnsl to submit proposed plan encompassing all requested relief (for amendments to scheduling order deadlines). (slh, )

63 Jan. 20, 2004

Joint MOTION to Stay PROCEEDINGS AND DEADLINES UNTIL RESOLUTION OF INTERLOCUTORY APPEAL by MICHAEL GOODRICH, MICHELE NILSEN, YORK COUNTY WITH MEMO IN SUPPORT. (mnm, ) (Entered: 01/21/2004)

RECAP

Case Details

State / Territory:

Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Oct. 15, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people strip-searched at the York County Jail after 10-14-96 without individualized reasonable suspicion who were awaiting bail or a first hearing on charges or a warrant that did not involve a weapon, drugs, or violent felony.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

York County

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 Maine 2:02-cv-00212

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Search policies

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation