Case: Brecher v. St. Croix County, Wisconsin

3:02-cv-00450 | U.S. District Court for the Western District of Wisconsin

Filed Date: Aug. 9, 2002

Closed Date: 2003

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Case Summary

On August 9, 2002, two plaintiffs represented by private attorneys from Minnesota and Wisconsin filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin. The plaintiffs challenged the policies, practices, and customs concerning the blanket strip and visual body cavity searches at Wisconsin's St. Croix County Jail. Plaintiffs alleged that, pursuant to a policy adopted by the St. Croix County Sheriff's Department on May 5, 1996, all persons entering the jail were strip searched, whether or not reasonable suspicion existed that the searches would produce contraband or weapons. This policy, plaintiffs alleged, violated the Fourth and Fourteenth Amendments. Plaintiffs sought monetary damages and class certification. The Sheriff and County denied all allegations.

On February 13, 2003, the District Court (Judge Barbara Crabb) certified the case as a class action, defining the class as: "All United States citizens arrested for misdemeanors or ordinance offenses unrelated to weapons or illegal drugs who were required by officers of the St. Croix County jail to remove their clothing for visual inspection of their genitals, pubic area, buttocks, or breasts between August 6, 1996, and February 27, 2001." Blihovde v. St. Croix County, Wis., 219 F.R.D. 607 (W.D. Wis. Feb 13, 2003). See Blihovde v. St. Croix County, Wis., 2003 WL 23095561 (W.D. Wis. Mar. 05, 2003) (regarding notice to class members). The Court approved two proposed class notices: one for adult class members and one for minor class members. Blihovde v. St. Croix County, Wis., 2003 WL 23200374 (W.D. Wis. Apr. 25, 2003).

Following notification of some 2,917 potential class members, the parties settled the case and submitted the proposal to the District Court for preliminary approval. Following a fairness hearing, Judge Crabb issued an order of final approval on February 2, 2004. Under the settlement, the Sheriff and County agreed to pay a total of $6.965 Million to resolve all class claims. Of that amount, over $1.3 Million were awarded to class counsel as attorneys' fees and costs. The named plaintiffs each would receive $35,000. The remaining $5.5 Million were divided among the 1,983 identified and responding class members per an agreed distribution scheme, with each getting just under $2800.

After the claims were paid, several individuals who had not received class notices filed letters with the court, which deemed them motions to reopen the case. The Court denied the motions, noting that although the individuals were not able to participate in the settlement, they were still free to file their own lawsuits. Brecher v. St. Croix County, Wis., 2004 WL 1196982 (W.D. Wis. May 26, 2004).

We have no information indicating other post-settlement activity in the case.

Summary Authors

Dan Dalton (2/5/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11818941/parties/brecher-travis-v-st-croix-county-wisconsin/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorney for Plaintiff

Miller, Barbara K. (Wisconsin)

Moccio, Vincent J. (Minnesota)

Attorney for Defendant

Ford, Michele (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorney for Plaintiff

Miller, Barbara K. (Wisconsin)

Moccio, Vincent J. (Minnesota)

Attorney for Defendant

Ford, Michele (Wisconsin)

Pollen, Raymond J. (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:02-cv-00450	Amended Class Action Complaint	Aug. 12, 2002	Aug. 12, 2002 Complaint
3:02-cv-00450	Opinion and Order Blihovde v. St. Croix County, Wisconsin	Feb. 13, 2003	Feb. 13, 2003 Order/Opinion 219 F.R.D. 607
3:02-cv-00450	Order Blihovde v. St. Croix County, WI	March 5, 2003	March 5, 2003 Order/Opinion 2003 WL 23095561
3:02-cv-00450	Opinion and Order Blihovde v. St. Croix County, Wisconsin	April 25, 2003	April 25, 2003 Order/Opinion 2003 WL 23200374
3:02-cv-00450	Settlement Agreement	May 17, 2004	May 17, 2004 Settlement Agreement
3:02-cv-00450	Order	May 26, 2004	May 26, 2004 Order/Opinion 2004 WL 1196982

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11818941/brecher-travis-v-st-croix-county-wisconsin/

Last updated March 23, 2026, 4:28 a.m.

ECF Number	Date	Description	Link
1	Aug. 9, 2002	JS-44 (Entered: 08/09/2002)	RECAP
2	Aug. 9, 2002	COMPLAINT (Entered: 08/09/2002)	RECAP
	Aug. 9, 2002	Jams Import Utility Entry
	Aug. 9, 2002	NORTC
3	Aug. 14, 2002	COMPLAINT (AMENDED) CLASS ACTION (Entered: 08/14/2002)	RECAP
4	Sept. 6, 2002	WAIVER OF SERVICE OF SUMMONS (Entered: 09/06/2002)	RECAP
5	Sept. 6, 2002	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFTS. (Entered: 09/06/2002)	RECAP
6	Oct. 1, 2002	ANSWER TO AMENDED COMPLAINT BY ALL DEFTS. EXCEPT VOLTZ. (Entered: 10/01/2002)	RECAP
7	Oct. 4, 2002	ANSWER TO AMENDED COMPLAINT BY DEFT. VOLTZ. (Entered: 10/04/2002)	RECAP
8	Oct. 18, 2002	MOTION BY PLTFS. TO ADD DEFENDANTS, ADD PLAINTIFF AND AMEND COMPLAINT. (Entered: 10/18/2002)	RECAP
9	Nov. 1, 2002	JOINT DISCOVERY PLAN. (Entered: 11/01/2002)	RECAP
10	Nov. 1, 2002	BRIEF IN OPPOSITION BY ALL DEFTS. EXCEPT VOLTZ TO PLTFS. MOTION TO ADD DEFTS., ADD PLTF. AND AMEND COMPLAINT. (Entered: 11/01/2002)	RECAP
11	Nov. 8, 2002	PTC ORDER (SLC) (Entered: 11/08/2002)	RECAP
12	Nov. 11, 2002	BRIEF IN REPLY BY PLTF. IN SUPPORT OF MOT. TO ADD DEFENDANTS, ADD A PLTF. AND AMEND THE COMPLAINT. (Entered: 11/12/2002)	RECAP
13	Nov. 15, 2002	ORDER GRANTING PLTFS. MOTION TO AMEND COMPLAINT. (Entered: 11/15/2002)	RECAP
14	Nov. 18, 2002	COMPLAINT - 2ND AMENDED; SUMMONS ISSUED. (Entered: 11/15/2002)	RECAP
15	Nov. 25, 2002	MOTION (JOINT) TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 11/26/2002)	RECAP
16	Nov. 25, 2002	AFFIDAVIT OF KAREN HUMPHREY. (Entered: 11/26/2002)	RECAP
17	Nov. 25, 2002	BRIEF IN SUPPORT OF DEFTS. JOINT MOTION TO STRIKE. (Entered: 11/26/2002)	RECAP
18	Dec. 3, 2002	ANSWER BY DEFT. VOLZ TO AMENDED CLASS ACTION COMPLAINT. (Entered: 12/03/2002)	RECAP
19	Dec. 3, 2002	STIPULATION FOR REVISED BRIEFING SCHEDULE FOR DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 12/03/2002)	RECAP
20	Dec. 3, 2002	MOTION (JOINT) FOR REVISED BRIEFING SCHEDULE. (Entered: 12/03/2002)	RECAP
21	Dec. 3, 2002	ANSWER TO 2ND AMENDED COMPLAINT BY DEFTS. ST. CROIX COUNTY, HILLSTEAD, HUMPHREY, ANDERSON, LARSON & JOHN/JANE DOES 1-30. (Entered: 12/03/2002)	RECAP
22	Dec. 4, 2002	ORDER EXTENDING BRIEFING ON DEFTS. MOT/DENY CLASS CERTIFICATION; RESPONSE DUE 12/27/02, REPLY 1/10/03. (SLC) (Entered: 12/05/2002)	RECAP
23	Dec. 12, 2002	MOTION BY PLTF. FOR ORDER DIRECTING ST. CROIX COUNTY TO DISCLOSE INFORMATION AND RECORDS RE: ARRESTS OF MINORS. (Entered: 12/16/2002)	RECAP
24	Dec. 27, 2002	BRIEF IN OPPOSITION BY PLTF. TO DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 12/27/2002)	RECAP
25	Dec. 27, 2002	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 12/27/2002)	RECAP
26	Dec. 27, 2002	AFFIDAVIT OF DONALD SUKAWATEY. (Entered: 12/27/2002)	RECAP
27	Dec. 27, 2002	AFFIDAVIT OF MICHAEL WANGERT. (Entered: 12/27/2002)	RECAP
28	Dec. 27, 2002	AFFIDAVIT OF HAROLD LINDGREN. (Entered: 12/27/2002)	RECAP
29	Dec. 27, 2002	AFFIDAVIT OF TRAVIS BRECHER. (Entered: 12/27/2002)	RECAP
30	Dec. 27, 2002	AFFIDAVIT OF RENEE HOUSER. (Entered: 12/27/2002)	RECAP
31	Dec. 27, 2002	AFFIDAVIT OF JOHN COLEMAN. (Entered: 12/27/2002)	RECAP
32	Jan. 10, 2003	BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 01/13/2003)	RECAP
33	Jan. 10, 2003	AFFIDAVIT OF LISA OPEL. (Entered: 01/13/2003)	RECAP
34	Jan. 10, 2003	AFFIDAVIT OF MICHELE M. FORD. (Entered: 01/13/2003)	RECAP
35	Jan. 10, 2003	AFFIDAVIT OF DENNIS D. HILLSTEAD. (Entered: 01/13/2003)	RECAP
36	Jan. 10, 2003	DEFT. VOLZ RULE 26 DISCLOSURES. (Entered: 01/13/2003)	RECAP
37	Jan. 10, 2003	BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (CORRECTED VERSION) (Entered: 01/13/2003)	RECAP
38	Jan. 10, 2003	AFFIDAVIT OF MICHELE M. FORD. (CORRECTED VERSION) (Entered: 01/13/2003)	RECAP
39	Jan. 16, 2003	SUMMONS (Entered: 01/16/2003)	RECAP
40	Jan. 28, 2003	ANSWER (CORRECTED) TO SECOND AMENDED COMPLAINT. (Entered: 01/28/2003)	RECAP
41	Feb. 11, 2003	ORDER PARTIALLY GRANTING PLTF. MOTION FOR DISCLOSURE OF MINORS ARREST RECORDS. (Entered: 02/11/2003)	RECAP
42	Feb. 14, 2003	ORDER DENYING DEFTS. MOT/DENY CLASS CERT. IN PART; SETTING DEFINITION OF THE CLASS; PLTFS. TO PREPARE NOTICE. (Entered: 02/14/2003)	RECAP
43	Feb. 28, 2003	PLTFS. NOTICE OF CLASS ACTION. (Entered: 02/28/2003)	RECAP
44	March 5, 2003	ORDER ON MOT. TO MOD. 2/7/03 ORDER RE: RECORDS OF MINOR ARRESTEES; PLTFS. TO DRAFT AND MAIL NOTICES. (SLC) (Entered: 03/05/2003)	RECAP
45	March 10, 2003	PLTFS. NOTICE OF CLASS ACTION TO MINOR ARRESTEES. (Entered: 03/10/2003)	RECAP
46	April 24, 2003	ORDER ON 4/23/03 TELE. STATUS CONF.; SCHEDULING AMENDED. (SLC) (Entered: 04/24/2003)	RECAP
47	April 29, 2003	ORDER APPROVING CLASS NOTICES AS ATTACHED; TRIAL DATE MOVED TO 10/27/03. (Entered: 04/29/2003)	RECAP
48	May 12, 2003	MOTION TO COMPEL BY PLTFS. (LETTER DATED 5/8/03). (Entered: 05/12/2003)	RECAP
49	May 30, 2003	STIPULATION AND ORDER FOR DISMISSAL OF DEFT. VOLZ. (Entered: 05/30/2003)	RECAP
50	June 17, 2003	ORDER ON TELE. STATUS CONF.; S/J DEADLINE MOVED TO 7/17/03. (SLC) (Entered: 06/17/2003)	RECAP
51	June 18, 2003	MOTION BY PLTFS. TO USE A REVISED NOTICE OF CLASS ACTION W/ BRIEF IN SUPPORT. (Entered: 06/18/2003)	RECAP
52	June 26, 2003	BRIEF IN OPPOSITION BY DEFTS. TO PLTFS. MOTION FOR AN ORDER ALLOWING TO USE A REVISED NOTICE OF CLASS ACTION. (Entered: 06/26/2003)	RECAP
53	June 26, 2003	AFFIDAVIT OF MICHELE M. FORD. (Entered: 06/26/2003)	RECAP
54	June 26, 2003	AFFIDAVIT OF PATRICK A. CALLAHAN. (Entered: 06/26/2003)	RECAP
55	June 27, 2003	AFFIDAVIT OF PATRICK A. CALLAHAN. (Entered: 06/27/2003)	RECAP
56	July 1, 2003	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 07/01/2003)	RECAP
57	July 1, 2003	AFFIDAVIT OF BROOKE B. TASSONI. (Entered: 07/01/2003)	RECAP
58	July 1, 2003	BRIEF IN REPLY IN SUPPORT OF PLTF. MOTION FOR AN ORDER ALLOWING PLTF TO USE A REVISED NOTICE OF CLASS ACTION. (Entered: 07/01/2003)	RECAP
59	July 1, 2003	ORDER GRANTING PLTFS. MOTION TO USE REVISED NOTICE OF CLASS ACTION. (Entered: 07/01/2003)	RECAP
60	July 17, 2003	MOTION FOR SUMMARY JUDGMENT BY DEFTS. (Entered: 07/18/2003)	RECAP
61	July 17, 2003	BRIEF IN SUPPORT OF DEFTS. MOTION FOR S/J. (Entered: 07/18/2003)	RECAP
62	July 17, 2003	PROPOSED FINDINGS/CONCL. BY DEFTS. (Entered: 07/18/2003)	RECAP
63	July 17, 2003	AFFIDAVIT OF MICHELE FORD. (Entered: 07/18/2003)	RECAP
64	July 21, 2003	DEPOSITION OF DAVID BLIHOVDE, TAKEN 5/22/03. (Entered: 07/21/2003)	RECAP
65	July 21, 2003	DEPOSITION OF OF TRAVIS BRECHER, TAKEN 5/22/03. (Entered: 07/21/2003)	RECAP
66	July 21, 2003	DEPOSITION OF RENEE MCKAY HOUSER, TAKEN 5/22/03. (Entered: 07/21/2003)	RECAP
67	July 30, 2003	BRIEF IN OPPOSITION BY PLTFS. TO DEFTS. MOTION FOR S/J. (Entered: 07/30/2003)	RECAP
68	July 30, 2003	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY PLTFS. (Entered: 07/30/2003)	RECAP
69	July 30, 2003	PROPOSED FINDINGS/CONCL. BY PLTFS. (Entered: 07/30/2003)	RECAP
70	July 30, 2003	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 07/30/2003)	RECAP
71	July 30, 2003	AFFIDAVIT OF BROOKE B. TASSONI. (Entered: 07/31/2003)	RECAP
72	Aug. 22, 2003	ORDER THAT DECISION ON S/J WILL BE LIMITED TO ISSUE BY DEFTS. RE: R.HOUSER AND D.HOUSER MEETING CLASS DEFINITION. (Entered: 08/22/2003)	RECAP
73	Aug. 27, 2003	MOTION BY DEFTS. FOR PROTECTIVE ORDER RE: TAKING OF DEPOSITIONS. (Entered: 08/27/2003)	RECAP
74	Aug. 27, 2003	BRIEF IN SUPPORT OF DEFTS. MOTION FOR PROTECTIVE ORDER. (Entered: 08/27/2003)	RECAP
75	Aug. 27, 2003	AFFIDAVIT OF MICHELE M. FORD IN SUPPORT OF MOT. FOR PROTECTIVE ORDER. (Entered: 08/27/2003)	RECAP
76	Aug. 27, 2003	MOTION BY DEFTS. FOR MEDIATION AND FOR STAY PENDING COMPLETION OF ARBITRATION. (Entered: 08/27/2003)	RECAP
77	Aug. 27, 2003	BRIEF IN SUPPORT OF DEFTS. MOTION FOR MEDIATION AND FOR STAY PENDING COMPLETION OF MEDIATION. (Entered: 08/27/2003)	RECAP
78	Aug. 27, 2003	AFFIDAVIT OF PATRICK A. CALLAHAN IN SUPPORT OF DEFTS. MOTION FOR MEDIATION AND STAY. (Entered: 08/27/2003)	RECAP
	Aug. 27, 2003	TELE. STATUS CONF. SET FOR 8/28/03, 9:30 AM, PLTFS. TO INITIATE. (BBC)
79	Aug. 29, 2003	STIPULATION AND ORDER W/DRAWING MOTS. FOR S/J; PLTF. BLIHOVDE SEVERED FROM CASE AND NEW ACTION TO BE FILED. (03-C-513-C) (Entered: 08/29/2003)	RECAP
80	Sept. 2, 2003	ORDER ON 8/28/03 STATUS CONF.; DEFTS. MOTS. FOR STAY AND FOR PROTECTIVE ORDER GRANTED; TRIAL SCHEDULE MODIFIED. (Entered: 09/02/2003)	RECAP
81	Sept. 2, 2003	PLTFS. LETTER REQUEST FOR CLARIFICATION OF ORDER. (Entered: 09/03/2003)	RECAP
82	Sept. 29, 2003	TRANSCRIPT OF TELEPHONE STATUS CONFERENCE, HELD 8/28/03. (Entered: 09/29/2003)	RECAP
83	Oct. 1, 2003	ORDER RESPONDING TO PLTFS. CLARIFICATION REQUEST; ISSUE OF FURTHER DEPOS. STAYED PENDING SETTLEMENT OR 11/15/03. (Entered: 10/01/2003)	RECAP
84	Dec. 4, 2003	MOTION (JOINT) FOR PRELIMINARY APPROVAL OF SETTLEMENT BETWEEN DEFTS. AND PLTF. CLASS. (Entered: 12/04/2003)	RECAP
85	Dec. 15, 2003	ORDER GRANTING JOINT MOT. FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT; SCHEDULE SET FOR COMMENTS AND FINAL HRG. (Entered: 12/15/2003)	RECAP
86	Dec. 23, 2003	ORDER ON 12/19/03 TEL. CONFERENCE RE: ADDITIONS TO CLASS. (Entered: 12/23/2003)	RECAP
87	Feb. 18, 2004	MOTION (JOINT) FOR FINAL APPROVAL OF SETTLEMENT BETWEEN DEFTS. AND PLTF. CLASS. (Entered: 02/18/2004)	RECAP
88	Feb. 18, 2004	AFFIDAVIT OF VINCENT J. MOCCIO, ESQ. (Entered: 02/18/2004)	RECAP
89	Feb. 25, 2004	REVISED EXHIBIT A - AMENDED SETTLEMENT AGREEMENT. (Entered: 02/26/2004)	RECAP
90	Feb. 27, 2004	CTRM. MIN. FINAL HEARING ON CLASS ACTION SETTLEMENT; ORDER SIGNED; CASE TO BE CLOSED. 20 (Entered: 02/27/2004)	RECAP
91	Feb. 27, 2004	ORDER APPROVING CLASS ACTION SETTLEMENT. CC MLD (Entered: 02/27/2004)	RECAP
92	Feb. 27, 2004	JOINT CORRECTED MOTION OF PARTIES FOR FINAL APPROVAL OF SETTLEMENT BETWEEN DEFTS AND PLTF. CLASS. (Entered: 02/27/2004)	RECAP
93	March 2, 2004	ORDER AMENDING 2/27/04 ORDER DELETING NUMBER 7 IN FIRST LINE OF PARAGRAPH 9 AND SUBSTITUTING NUMBER 74. (Entered: 03/02/2004)	RECAP
94	May 11, 2004	AFFIDAVIT OF VINCENT J. MOCCIO RE: ACCOUNTING. (Entered: 05/11/2004)	RECAP
95	May 27, 2004	MOTION (LETTER) BY ERIC MCCANE TO REOPEN CASE TO FILE LATE CLAIM. (Entered: 05/27/2004)	RECAP
96	May 27, 2004	MOTION (LETTER) BY RICHARD LEE SURRELL TO REOPEN CASE TO FILE LATE CLAIM. (Entered: 05/27/2004)	RECAP
97	May 27, 2004	ORDER DENYING MCCANE AND SURRELL MOT/REOPEN CASE; DENYING WYNN MILLER REQ. FOR NEW DETERMINATION OF SEARCHES. (Entered: 05/27/2004)	RECAP

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Aug. 9, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested for misdemeanors or ordinance offenses unrelated to weapons or illegal drugs and strip searched at the St. Croix County Jail between August 6, 1996, and February 27, 2001.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

St. Croix County

St. Croix County Sheriff's Department

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:

Western District of Wisconsin 3:02-cv-00450

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

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

Case Summary of Brecher v. St. Croix County, Wisconsin, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9768/ (last updated 2/5/2008).