Case: Doan v. Watson

4:99-cv-00004 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 13, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 13, 1999, attorneys from Indiana and Kentucky filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Southern District of Indiana, challenging the Floyd County Sheriff's blanket policy of requiring a strip and body cavity search as part of a delousing procedure of every detainee that entered the Floyd County Jail for booking/intake, irrespective of the nature of the charge against the detainee and whether or not there was any reasonable …

On January 13, 1999, attorneys from Indiana and Kentucky filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Southern District of Indiana, challenging the Floyd County Sheriff's blanket policy of requiring a strip and body cavity search as part of a delousing procedure of every detainee that entered the Floyd County Jail for booking/intake, irrespective of the nature of the charge against the detainee and whether or not there was any reasonable suspicion that the detainee was concealing weapons or contraband. Plaintiffs contended that suspicionless strip and body cavity searches of detainees accused of misdemeanors and other minor offenses violated the Fourth and Fourteenth Amendments. Plaintiffs sought monetary damages, injunctive relief and class certification.

The Sheriff and County maintained that the delousing procedure did not constitute a strip search and was nevertheless lawful. They also contended that the suit was barred by the Prison Litigation Reform Act (PLRA) and that the Sheriff was protected by the defense of qualified immunity.

The case was certified as a class action on March 2, 2000, with the class defined as: "all persons arrested for offenses not greater than a misdemeanor or Operating While Intoxicated, as a class D felony, between January 13, 1997, and January 13, 1999, and who were required by the Floyd County Jail to remove their clothing for visual inspection of all or part of their exposed bodies, unless there existed reasonable cause to believe they were carrying concealed weapons or contraband."

Following discovery, the parties filed cross-motions for summary judgment. By order dated October 10, 2001, the District Court (Judge Barker) granted plaintiffs' motion, finding that the delousing procedure constituted a strip search and that it violated the Fourth Amendment. The Court denied defendants' motion was denied, finding that the PLRA did not apply and that the Sheriff was not entitled qualified immunity. Shortly thereafter, the parties settled the case.

After a fairness hearing on December 4, 2002, the Court (Judge Barker) formally approved the settlement. Doan v. Watson, 2002 WL 31730917 (S.D.Ind. Dec 04, 2002) Under the terms of the settlement, the County agreed to pay up to $2,591,000 for settlement of all class claims. Each class member that participated in the settlement was to receive $1000.00. It was estimated that there were 2,591 eligible class members. $700,000 was allocated for attorney's fees, litigation costs and claims administration expenses. The County actuall

Summary Authors

Dan Dalton (2/16/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/33882506/parties/doan-mindy-v-watson-sheriff-leland/

Judge(s)

Barker, Sarah Evans (Indiana)

Attorney for Plaintiff

Betteau, Bart M. (Indiana)

FREY, ERIC A (Indiana)

Attorney for Defendant

Brightwell, Bruce A (Kentucky)

Huddleston, Stephen L (Indiana)

Documents in the Clearinghouse

4:99-cv-00004

Docket

Sept. 27, 2006

Sept. 27, 2006

Docket
140

4:99-cv-00004

Order [Re: Cross Motions for Summary Judgment]

Oct. 10, 2001

Oct. 10, 2001

Order/Opinion

168 F.Supp.2d 932

205

4:99-cv-00004

Order [Granting Final Approval of Class Action Settlement]

Dec. 4, 2002

Dec. 4, 2002

Order/Opinion

2002 WL 31730917

Docket

See docket on RECAP: https://www.courtlistener.com/docket/33882506/doan-mindy-v-watson-sheriff-leland/

Last updated March 24, 2026, 4:55 a.m.

ECF Number Date Description Link
1 Jan. 13, 1999

COMPLAINT for damages w/JURY DEMAND eod 01/13/99 [KTK] (Entered: 01/13/1999)

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2 Jan. 13, 1999

SUMMONS issued & retd to counsel for service eod 01/13/99 [KTK] (Entered: 01/13/1999)

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3 Jan. 13, 1999

CIVIL COVER SHEET eod 01/13/99 [KTK] (Entered: 01/13/1999)

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4 Jan. 13, 1999

MAGISTRATE'S NOTICE & CONSENT issued eod 01/13/99 [KTK] (Entered: 01/13/1999)

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5 Jan. 13, 1999

RECEIPT #14147, payment of $150.00 filing fee eod 01/13/99 [KTK] (Entered: 01/13/1999)

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6 Jan. 14, 1999

PETITION for Certification as a class Action, by pltfs, c/s eod 01/14/99 [BJS] (Entered: 01/14/1999)

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7 Jan. 14, 1999

MOTION FOR PRELIM INJ (Petition for Preliminary, Emergency Injunction) by pltfs, c/s eod 01/14/99 [BJS] (Entered: 01/14/1999)

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8 Jan. 19, 1999

MOTION FOR EARLY DISCOVERY by pltfs, c/s eod 01/19/99 [KTK] (Entered: 01/19/1999)

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9 Jan. 20, 1999

ENTRY denies pltfs' mot. for early disc. & no setting on mot. for P.I. at this time. DFH cm eod 01/20/99 [CFW] (Entered: 01/20/1999)

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10 Jan. 27, 1999

APPEARANCE of Richard T Mullineaux & Van T Willis, KIGHTLINGER & GRAY, for deft Floyd County, Indiana, c/s eod 01/27/99 [KTK] (Entered: 01/27/1999)

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11 Jan. 27, 1999

APPEARANCE of Dave Whalin & R Thad Keal, LANDRUM & SHOUSE, for defts Watson & Hubbard, c/s eod 01/27/99 [KTK] (Entered: 01/27/1999)

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12 Feb. 3, 1999

MOTION TO DISMISS by defts w/MEMORANDUM & AFFIDAVIT of Sheriff Randall Hubbard, c/s eod 02/03/99 [KTK] (Entered: 02/03/1999)

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13 Feb. 9, 1999

REQUEST FOR PRODUCTION directed to defts, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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14 Feb. 9, 1999

RESPONSE to defts' Mot to Dismiss w/MOTION TO AM COMPLT for damages by pltfs, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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15 Feb. 9, 1999

MEMORANDUM in support of Mot in Opposition to defts' Mot to Dismiss & to Mot to AM Complt for damages, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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17 Feb. 9, 1999

MOTION FOR S/J by pltfs, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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18 Feb. 9, 1999

STATEMENT OF MATERIAL FACTS by pltfs, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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19 Feb. 9, 1999

PROPOSED Findings of Undisputed Fact & Conclusions of Law by pltfs, c/s eod 02/09/99 [KTK] (Entered: 02/09/1999)

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20 Feb. 16, 1999

ADDENDUM to pltfs' SJ Mot, c/s eod 02/16/99 [KTK] (Entered: 02/16/1999)

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21 Feb. 18, 1999

ORDER GRANTS pltfs' motion for leave to file an amended complaint, and the tendered First Amended Complaint shall be deemed filed on 2/18/99. Defts' motion to dismiss is DENIED AS MOOT. Court will set a scheduling conference in the near future after consulting with counsel. c/m DFH eod 02/18/99 [PLM] (Entered: 02/18/1999)

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22 Feb. 18, 1999

AMENDED COMPLAINT c/s PLTF eod 02/18/99 [PLM] (Entered: 02/18/1999)

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23 Feb. 19, 1999

SUBMISSION of Responses to Req for Admissions, by defts, c/s eod 02/19/99 [BJS] (Entered: 02/19/1999)

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0 March 5, 1999

REASSIGNED from Mag GODICH to Mag SHIELDS eod 03/10/99 [KTK] (Entered: 03/10/1999)

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24 March 5, 1999

ENTRY ASSIGNS CONF to 03/22/99 at 08:30AM Room 228 (VSS) c/m (Status Conf) eod 03/05/99 [KTK] (Entered: 03/05/1999)

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25 March 5, 1999

NOTICE OF PARTIES' FIRST EXTENSION OF TIME - Defts Ans to AM Complt due 4/5/99; Resp to SJ due 4/12/99; & Resp to Discovery Request due 4/12/99, c/s eod 03/05/99 [KTK] (Entered: 03/05/1999)

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26 March 5, 1999

ENTRY pursuant to LR 40.1(e) case REASSIGNED to the docket of Judge SEBarker & Magistrate Judge VSSHields (SEB), c/m eod 03/10/99 [KTK] (Entered: 03/10/1999)

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27 March 10, 1999

ADDENDUM (2nd) to pltfs' SJ MOT, c/s eod 03/10/99 [KTK] (Entered: 03/10/1999)

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28 March 15, 1999

ENTRY - deadline for response to pltf's pending SJ Mot & pet for certification as a class action will be determined after Court's ruling on consolidation & the proposed AM Complt (SEB), c/m eod 03/17/99 [KTK] (Entered: 03/17/1999)

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29 March 22, 1999

APPEARANCE of Stephen L Huddleston for deft Hubbard, c/s eod 03/22/99 [KTK] (Entered: 03/22/1999)

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30 March 22, 1999

MOTION FOR TIME TO Answer/Respond to pltfs AM Complt, SJ Mot, Interrogatories & Request for Production of Documents, c/s eod 03/22/99 [KTK] (Entered: 03/22/1999)

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31 March 22, 1999

PTC ORDER FROM P/T ON 3/22/99: conf held & concluded; order to follow; & recommends 3/13/2000 trial date before Judge Hamilton (VSS), c/m eod 03/23/99 [KTK] (Entered: 03/23/1999)

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32 March 24, 1999

ORDER w/dates as to filing AM Complt & Answers; pltfs w/d pending SJ, Pet for Class Certification, & all pending discovery requests; pltfs new SJ & Pet for Class Certification due 3/31/99 w/defts Resps due 6/1/99 & 4/30/99; CMP due 30 days after Court rules on Class Certification issue; & TR assigned for 3/13/2000 {S E} (VSS), c/m eod 03/25/99 [KTK] (Entered: 03/25/1999)

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33 March 31, 1999

REVISED PETITION for Certification of Class Action, by pltfs, c/s eod 03/31/99 [BJS] (Entered: 03/31/1999)

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34 March 31, 1999

AMENDED COMPLAINT (REVISED FIRST) w/Demand for Jury Trial, by pltfs, c/s eod 03/31/99 [BJS] (Entered: 03/31/1999)

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35 March 31, 1999

MOTION FOR S/J (REVISED) by pltfs, c/s eod 03/31/99 [BJS] (Entered: 03/31/1999)

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36 March 31, 1999

BRIEF in Support of Revised Mot for SJ, by pltfs, c/s eod 03/31/99 [BJS] (Entered: 03/31/1999)

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37 April 6, 1999

MOTION FOR HEARING on pltfs' objection to defts' proposed entry, c/s eod 04/06/99 [KTK] (Entered: 04/06/1999)

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38 April 20, 1999

ENTRY (AMENDED) for 3/22/99 PTC w/deadlines. Parties to complete a CMP following Court's ruling on petition for class certification {S E} (VSS0, c/m eod 04/21/99 [KTK] (Entered: 04/21/1999)

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39 April 30, 1999

ANSWER to the AMENDED COMPLAINT (Revised First) by deft Hubbard, c/s eod 04/30/99 [BJS] (Entered: 04/30/1999)

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40 April 30, 1999

JOINT MOTION by defts for PTC, c/s eod 04/30/99 [KTK] (Entered: 04/30/1999)

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41 April 30, 1999

ANSWER to pltfs' Revised 1st AM Complt for Damages by deft Watson, c/s eod 04/30/99 [KTK] (Entered: 04/30/1999)

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42 April 30, 1999

JOINT MEMORANDUM by defts IN OPPOSITION to pltfs' Revised Petiton for Ceritication of Class, c/s eod 04/30/99 [KTK] (Entered: 04/30/1999)

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43 May 7, 1999

ORDER ASSIGNS P/T (TELEPHONIC) to 05/13/99 at 01:30PM Room 256 (VSS) c/m (IP time; Court will initiate call) eod 05/07/99 [KTK] (Entered: 05/07/1999)

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44 May 10, 1999

ENTRY REASSIGNS CONF (TELEPHONIC) to 05/19/99 at 12:00PM Room 256 (VSS) c/m (Settlement Conf, Court will initiate call) eod 05/10/99 edited 05/10/99 [KTK] (Entered: 05/10/1999)

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46 May 19, 1999

PTC ORDER FROM P/T ON 5/19/99: Conf held & concluded; pltfs to respond to defts opposition to revised pet for class certification by 6/1/99 w/ds reply 15 days after service of the response; & defts to respond to pltfs SJ Mot 30 days after ruling on pet for class certification by 8/30/99, whichever date is the earliest (VSS), c/m eod 05/25/99 [KTK] (Entered: 05/25/1999)

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45 May 21, 1999

APPEARANCE of Richard T Mullineaux & Van T Willis, KIGHTLINGER & GRAY, for defts Watson & Hubbard, c/s eod 05/21/99 [BJS] (Entered: 05/21/1999)

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47 June 1, 1999

PETITION to Sever issue of damages by pltfs, c/s eod 06/01/99 [KTK] (Entered: 06/01/1999)

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48 June 1, 1999

MEMORANDUM in support of pltfs' Response to defts' Obj to plts' Pet for Certification as a Class Action & MOT to Sever the issue of damages, c/s eod 06/01/99 [KTK] (Entered: 06/01/1999)

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49 June 15, 1999

JOINT MOTION for oral argument on the issue of class certification, c/s DEFTS eod 06/15/99 [KTK] (Entered: 06/15/1999)

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50 June 15, 1999

REPLY (JOINT) to pltfs' response to defts' Objection to class certification, c/s DEFTS eod 06/15/99 [KTK] (Entered: 06/15/1999)

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51 Aug. 24, 1999

MOTION FOR TIME TO (JOINT) to Respond to pltfs' SJ Mot, c/s eod 08/24/99 [KTK] (Entered: 08/24/1999)

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52 Aug. 27, 1999

ORDER GRANTS agreed motion for time for defts to respond to pltfs' Motion for S/J to 10/29/99. cm SEB eod 08/30/99 [MAC] (Entered: 08/30/1999)

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53 Aug. 30, 1999

SUBMISSION of SUPPLEMENT to Joint Mot for Enlargment of Time, c/s - DEFTS eod 08/30/99 [KTK] (Entered: 08/30/1999)

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54 Sept. 3, 1999

MOTION TO COMPEL (DEFTS JOINT) attendance for depositions, c/s DEFTS eod 09/03/99 [BJS] (Entered: 09/03/1999)

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55 Sept. 3, 1999

STATEMENT (COUNSEL'S) in Compliance with LR 37.1 in support of Mot to Compel, c/s DEFTS eod 09/03/99 [BJS] (Entered: 09/03/1999)

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56 Sept. 10, 1999

ORDER - pltfs to appear for depositions on a date agreed to by counsel but not beyond 10/1/99 (54) (VSS), c/m eod 09/13/99 [KTK] (Entered: 09/13/1999)

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57 Sept. 15, 1999

MOTION TO AMEND COMPLT for Damages, c/s - PLTFS eod 09/15/99 [KTK] (Entered: 09/15/1999)

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58 Sept. 15, 1999

MEMORANDUM in support of Mot to AM Complt for damages, c/s - PLTFS eod 09/15/99 [KTK] (Entered: 09/15/1999)

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59 Oct. 22, 1999

MOTION FOR TIME TO (2nd Joint) to file a response to pltfs SJ Mot, c/s - DEFTS eod 10/22/99 [KTK] (Entered: 10/22/1999)

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60 Oct. 22, 1999

ORDER GRANTS pltfs Motion to Amend Complaint. cm SEB eod 10/25/99 [MAC] (Entered: 10/25/1999)

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61 Oct. 25, 1999

DEMAND FOR JURY TRIAL c/s - PLTFS eod 10/25/99 [MAC] (Entered: 10/25/1999)

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62 Oct. 25, 1999

ORDER - defts' response to pltfs' SJ Mot is due 30 days after the depositions are completed (59) (SEB), c/m eod 10/25/99 [KTK] (Entered: 10/25/1999)

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63 Oct. 25, 1999

ENTRY Directs Clerk to modify the title of the Complaint filed this date to read Second Amended Complaint. cm SEB eod 10/25/99 [MAC] (Entered: 10/25/1999)

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64 Nov. 12, 1999

ANSWER to the AMENDED COMPLAINT (2nd AMD Complaint), c/s DEFT Watson eod 11/12/99 [BJS] (Entered: 11/12/1999)

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65 Nov. 16, 1999

NOTICE of Service of Notice of Rule 30(B) Depos served upon cnsl for defts, c/s PLTFS eod 11/16/99 [BJS] (Entered: 11/16/1999)

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68 Nov. 19, 1999

ANSWER to pltfs' 2nd AM Complt, c/s - DEFT Hubbard eod 01/06/00 [KTK] (Entered: 01/06/2000)

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66 Dec. 3, 1999

MOTION TO DISMISS (joint) pltfs L Arnold & W Taylor, c/s DEFTS eod 12/03/99 [KTK] (Entered: 12/03/1999)

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67 Dec. 3, 1999

STATEMENT in compliance w/LR37.1, c/s - DEFTS eod 12/03/99 [KTK] (Entered: 12/03/1999)

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69 Jan. 13, 2000

DISMISSAL of plaintiffs, Linda Sue Arnold and Wesley Taylor with prejudice. cm SEB eod 01/14/00 [MAC] (Entered: 01/14/2000)

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70 March 2, 2000

OBV 51 PG 27 eod 03/06/00 [BJS] (Entered: 03/06/2000)

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71 April 17, 2000

ORDER - cnsl for class to file w/Clerk of Court by 7/30/00 an affidavit identifying persons to whom notice has been mailed & who have not timely requested exclusion {SE} (SEB), c/m eod 04/19/00 [BJS] (Entered: 04/19/2000)

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72 May 1, 2000

APPEARANCE of Bruce A Brightwell, c/s PLTFS eod 05/01/00 [BJS] (Entered: 05/01/2000)

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73 May 1, 2000

MOTION FOR S/J (PARTIAL) w/Brief in Support, c/s PLTFS eod 05/01/00 [BJS] (Entered: 05/01/2000)

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74 May 1, 2000

STATEMENT of Material Facts, c/s PLTFS eod 05/01/00 [BJS] (Entered: 05/01/2000)

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75 May 26, 2000

RESPONSE to SJ Mot, c/s DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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76 May 26, 2000

RESPONSE to pltfs' Statement of Material Facts, c/s DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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77 May 26, 2000

ADDITIONAL STATEMENT of Material Facts, c/s DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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78 May 26, 2000

NOTICE OF FILING Depositions, c/s DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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79 May 26, 2000

DEPOSITION of Edward S Miller - DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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80 May 26, 2000

DEPOSITION of Michael D Welch - DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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81 May 26, 2000

DEPOSITION of Claude Saunders - DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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82 May 26, 2000

DEPOSITION of Stephen Childs - DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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83 May 26, 2000

DEPOSITION of Scott Faulkenburg - DEFT Watson eod 05/26/00 [BJS] (Entered: 05/26/2000)

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84 May 30, 2000

RESPONSE to pltfs' Statement of Material Facts, c/s DEFT Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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85 May 30, 2000

BRIEF in response to pltf's Mot for PSJ, c/s DEFT Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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86 May 30, 2000

STATEMENT of Additional Material Facts, c/s DEFT Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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87 May 30, 2000

MOTION FOR S/J c/s DEFTS Watson & Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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88 May 30, 2000

STATEMENT of Additional Material Facts c/s DEFTS Watson & Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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89 May 30, 2000

RESPONSE to pltf's SJ Mot, c/s DEFTS Watson & Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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90 May 30, 2000

RESPONSE to pltf's Statement of Material Facts, c/s DEFTS Watson & Hubbard eod 05/30/00 [BJS] (Entered: 05/30/2000)

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91 June 13, 2000

MOTION FOR TIME TO mail notice of class action, c/s PLTFS eod 06/13/00 [BJS] (Entered: 06/13/2000)

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92 June 15, 2000

REPLY BRIEF in support of Mot for PSJ, c/s PLTFS eod 06/15/00 [BJS] (Entered: 06/15/2000)

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93 June 15, 2000

SUPPLEMENTAL STATEMENT of Material Facts - PLTFS eod 06/15/00 [BJS] (Entered: 06/15/2000)

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95 June 19, 2000

ORDER GRANTING pltf to 6/30/00 to mail notice of class action (91) (SEB), c/m eod 06/26/00 [BJS] (Entered: 06/26/2000)

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94 June 23, 2000

MOTION to Set Further Briefing Parameters, c/s PLTF eod 06/23/00 [BJS] (Entered: 06/23/2000)

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96 June 27, 2000

SURREPLY BRIEF to pltfs SJ Mot, c/s DEFT Hubbard eod 06/27/00 [BJS] (Entered: 06/27/2000)

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97 June 30, 2000

MOTION FOR TIME TO (SECOND) mail notices of class action, c/s PLTFS eod 06/30/00 [BJS] (Entered: 06/30/2000)

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98 July 5, 2000

ORDER GRANTING pltf to 7/15/00 to mail notices of class action (97) (SEB), c/m eod 07/07/00 [BJS] (Entered: 07/07/2000)

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99 July 7, 2000

RESPONSE to pltfs' Mot to Redesignate defts' Mot for SJ, to Strike Portion of defts' Response to Mot for SJ and to Set further Briefing Parameters, c/s DEFTS Watson & Hubbard eod 07/07/00 [BJS] (Entered: 07/07/2000)

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100 July 13, 2000

REPLY in support of Mot to Redesignate defts' Mot for SJ, to Strike Portion of defts' Response to Mot for SJ, and to Set Further Briefing Parameters, c/s PLTFS eod 07/13/00 [BJS] (Entered: 07/13/2000)

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Case Details

State / Territory:

Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Jan. 13, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested for offenses not greater than a misdemeanor between 1/13/1997 and 1/13/1999 who were strip searched by the Floyd County Jail without a reasonable belief that they were carrying concealed weapons or contraband

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Floyd County Sheriff

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Other Dockets:

Southern District of Indiana 4:99-cv-00004

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