Case: Allen v. Wyandotte County Board of Commissioners

2:90-cv-02059 | U.S. District Court for the District of Kansas

Filed Date: March 9, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On March 9, 1990, Plaintiff filed an amended complaint in this strip search case in the United States District Court of Kansas. The plaintiff claimed she was unlawfully detained and strip searched after having been arrested for driving with a suspended license.

The District Court (Chief Judge Earl E. O'Connor) initially denied motions for summary judgment by both parties, on grounds that the defendant officer denied the search ever took place. Just before the case was set to go to trial, the Court ruled on various other motions for summary judgment in favor of defendants, and the case was dismissed.

Summary Authors

Denise Heberle (4/9/2012)

People


Judge(s)
Attorney for Plaintiff

Beach, Douglas C. (Virgin Islands)

Attorney for Defendant

Doherty, Stephen P. (Missouri)

Duma, John M. (Kansas)

Fitzgerald, William T. (Texas)

Gurney, Paul C. (Kansas)

Documents in the Clearinghouse

Documents in this case

2:90-cv-02059

Docket [PACER]

Dec. 27, 1991

Dec. 27, 1991

Docket
41

2:90-cv-02059

Memorandum and Order [Granting Defendants' Motions to Dismiss Punitive Damages Claim and to Dismiss Some Defendants]

Dec. 7, 1990

Dec. 7, 1990

Order/Opinion

1990 WL 254978

71

2:90-cv-02059

Memorandum and Order [Granting in Part Defendant's Motion for Summary Judgment]

Aug. 2, 1991

Aug. 2, 1991

Order/Opinion

773 F.Supp. 1442

72

2:90-cv-02059

Memorandum and Order [Denying Plaintiff's Motion for Partial Summary Judgment]

Aug. 6, 1991

Aug. 6, 1991

Order/Opinion

1991 WL 183554

Docket

Last updated March 23, 2025, 9:25 a.m.

ECF Number Date Description Link
5 March 9, 1990

AMENDED COMPLAINT [1-1] w/designation of place of trial - by plaintiff Sarah L Allen; adding Joan Grogan, Roger Riley, Theodore Robinson (ICMSUSER) (Entered: 08/24/1990)

PACER
13 April 2, 1990

MOTION by defendant Wyandotte Bd Comr to dismiss referred back to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 08/24/1990)

PACER
14 April 2, 1990

MEMORANDUM/BRIEF in support by defendant Wyandotte Bd Comr re: [13-1] of motion to dismiss referred back to Chief Judge Earl E. O'Connor [13-1] (ICMSUSER) (Entered: 08/24/1990)

PACER
15 April 2, 1990

MEMORANDUM/BRIEF in opposition by plaintiff Sarah L Allen to re: [13-1] motion to dismiss referred back to Chief Judge Earl E. O'Connor [13-1] (ICMSUSER) (Entered: 08/24/1990)

PACER
28 Aug. 15, 1990

SCHEDULING ORDER ENTERED: Magistrate Gerald L. Rushfelt ; Pretrial Conference set for 10:00 12/18/90 ; Discovery ddl set for 12/15/90 ;Dispositive Mtn ddl 1/15/91 (cc: all counsel) (ICMSUSER) (Entered: 08/24/1990)

PACER
1 Aug. 24, 1990

COMPLAINT w/designation of place of trial - Kansas City; with Jury demand. Summons(es) issued ( case referred to Magistrate Gerald L. Rushfelt ) (ICMSUSER) (Entered: 08/24/1990)

PACER
29 Sept. 28, 1990

MOTION by defendants State of Kansas, Regents KS Board of, University of Kansas, B D Harrelson, Sandy Omtvedt to dismiss referred back to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 09/28/1990)

PACER
30 Oct. 19, 1990

MOTION by plaintiff to extend time to respond to motion to dismiss of defts. State of KS., et al. referred back to Chief Judge Earl E. O'Connor (LS) (Entered: 10/22/1990)

PACER
31 Oct. 23, 1990

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time to respond to motion to dismiss of defts. State of KS., et al. [30-1] to 11-21-90. (cc: pltf's counsel) (LS) (Entered: 10/24/1990)

PACER
33 Nov. 15, 1990

WITNESS AND EXHIBIT LIST submitted by defendant Wyandotte Bd Comr (LS) (Entered: 11/19/1990)

PACER
34 Nov. 19, 1990

WITNESS AND EXHIBIT LIST submitted by defendant University of Kansas, defendant B D Harrelson, defendant Sandy Omtvedt (LS) (Entered: 11/19/1990)

PACER
35 Nov. 19, 1990

WITNESS LIST submitted by plaintiff (LS) (Entered: 11/19/1990)

PACER
36 Nov. 19, 1990

EXHIBIT list by plaintiff (LS) (Entered: 11/19/1990)

PACER
37 Nov. 30, 1990

MOTION to extend discovery and continue pretrial conference referred to Magistrate Gerald L. Rushfelt (ICMSUSER) (Entered: 12/04/1990)

PACER
38 Nov. 30, 1990

AMENDED WITNESS LIST submitted by plaintiff (ICMSUSER) (Entered: 12/04/1990)

PACER
39 Dec. 3, 1990

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting in part and denied in part motion to extend discovery and continue pretrial conference referred to Magistrate Gerald L. Rushfelt [37-1] ; Discovery ddl extended to 1/30/91, otherwise mtn is overruled (cc: all counsel) (ICMSUSER) (Entered: 12/07/1990)

PACER
41 Dec. 7, 1990

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting motion to dismiss as to punitivie damages in Count I and II-IV and denying in all other respects. [13-1] 11 pages (cc: all counsel) (LS) (Entered: 12/12/1990)

PACER
40 Dec. 10, 1990

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting motion to extend discovery until 1/30/91 and continue pretrial conference, date to be set at later time; referred to Magistrate Gerald L. Rushfelt [37-1] (ICMSUSER) (Entered: 12/12/1990)

PACER
42 Dec. 11, 1990

ORDER ENTERED: by Chief Judge Earl E. O'Connor re [41-1] Clerk directed to replace original front page to correct typo. (cc: all counsel) (LS) (Entered: 12/12/1990)

PACER
43 Dec. 14, 1990

ORDER ENTERED: by Magistrate Gerald L. Rushfelt: Pretrial conference continued to 2-12-91 at 2pm (cc: all counsel) (LS) (Entered: 12/18/1990)

PACER
44 Dec. 24, 1990

CERTIFICATE of SVC of 1st req for prod of documents by plaintiff (ICMSUSER) (Entered: 12/26/1990)

PACER
45 Jan. 7, 1991

MOTION by Owen L Sully, Wyandotte Cty SD, Joan Grogan, Roger Riley to modify scheduling order (LS) (Entered: 01/09/1991)

PACER
46 Jan. 28, 1991

ORDER ENTERED: by Magistrate Gerald L. Rushfelt granting motion to modify scheduling order [45-1] Dispositive MTN ddl 3-11-91 (cc: all counsel) (LS) (Entered: 01/30/1991)

PACER
47 Feb. 12, 1991

MINUTE SHEET: KCK-GLR: - Discovery ddl satisfied; Dispositive MTN ddl 4/11/91; Pretrial conference completed; ETT 4 days; trial by jury; prospects of settlement, poor (LS) Modified on 02/13/1991 (Entered: 02/13/1991)

PACER
49 Feb. 25, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation [48-1] dismissing party Sandy Omtvedt, party B D Harrelson, party University of Kansas, party Regents KS Board of, party State of Kansas without prejudice, each party to pay own costs (cc: all counsel) (LS) (Entered: 02/28/1991)

PACER
50 April 10, 1991

PRE-TRIAL ORDER ENTERED by Chief Judge Earl E. O'Connor: Terminating case referral of Magistrate Judge Gerald L. Rushfelt ETT: 4 days. Prospects for settlement are poor. Case ready for trial after 4-11-91 (cc: all counsel) (LS) (Entered: 04/10/1991)

PACER
51 April 11, 1991

MOTION by defendant for summary judgment (ICMSUSER) (Entered: 04/12/1991)

PACER
52 April 11, 1991

MEMORANDUM in support by defendant re: motion for summary judgment [51-1] with exhibits EXPANSION FOLDER (ICMSUSER) (Entered: 04/12/1991)

PACER
53 April 11, 1991

MOTION by plaintiff for partial summary judgment (ICMSUSER) (Entered: 04/12/1991)

PACER
54 April 11, 1991

MEMORANDUM in support by plaintiff re: motion for partial summary judgment [53-1] with attachments EXPANSION FOLDER (ICMSUSER) (Entered: 04/12/1991)

PACER
55 April 29, 1991

STIPULATION for partial dismissal by defendant Wyandotte Bd Comr (KM) (Entered: 04/30/1991)

PACER
56 April 29, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation [55-1] dismissing only party Wyandotte Bd Comr with prejudice (cc: all counsel) (KM) (Entered: 04/30/1991)

PACER
57 May 7, 1991

MOTION by plaintiff, defendant to extend time till 5/8/91 to file responses to motions to summary judgment; referred to Chief Judge Earl E. O'Connor (KM) (Entered: 05/08/1991)

PACER
58 May 7, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time till 5/8/91 to file responses to motions to summary judgment [57-1] (cc: all counsel) (KM) (Entered: 05/08/1991)

PACER
59 May 8, 1991

MEMORANDUM in opposition by Wyandotte Bd Comr, Owen L Sully, Joan Grogan, Roger Riley, Theodore Robinson re: motion for summary judgment [51-1] (KM) (Entered: 05/08/1991)

PACER
60 May 8, 1991

RESPONSE by plaintiff re: memorandum of deft. in support of motion for summary judgment [52-1] (KM) (Entered: 05/09/1991)

PACER
61 May 15, 1991

MOTION by plaintiff Sarah L Allen for hearing on motions for summary judgment (KM) (Entered: 05/15/1991)

PACER
62 May 15, 1991

REPLY by defendant re: response of ptlf. to deft.'s memorandum in support of motion for summary judgment [60-1] (KM) (Entered: 05/16/1991)

PACER
64 May 22, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to extend time for one day till 5/22/91 to file reply to deft.'s memorandum on opposition to pltf.'s motion for summary judgment referred to Chief Judge Earl E. O'Connor [63-1] (cc: all counsel) (KM) (Entered: 05/22/1991)

PACER
65 May 22, 1991

REPLY by plaintiff Sarah L Allen re: memorandum in opposition to pltf.'s motion for summary judgment [59-1] (KM) (Entered: 05/22/1991)

PACER
66 July 11, 1991

NOTICE of hearing Jury trial set for case #6 on 8/5/91 at 10:00 AM before EEO (cc: all counsel) (ICMSUSER) (Entered: 07/15/1991)

PACER
67 July 15, 1991

ATTORNEY APPEARANCE for Owen L Sully, Wyandotte Cty SD, Joan Grogan, Roger Riley, Theodore Robinson by Gregory F. Maher, Stephen P. Doherty (KM) (Entered: 07/16/1991)

PACER
68 July 29, 1991

MOTION by plaintiff to continue trial referred to Chief Judge Earl E. O'Connor (LS) (Entered: 07/30/1991)

PACER
69 July 29, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting motion to continue trial [68-1] Jury trial continued from 8-5-91 docket (cc: all counsel) (LS) (Entered: 07/30/1991)

PACER
70 July 29, 1991

MOTION by plaintiff for special trial setting referred to Chief Judge Earl E. O'Connor (LS) (Entered: 07/30/1991)

PACER
71 Aug. 1, 1991

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting in part and denying in part motion for summary judgment [51-1] denying motion for hearing on motions for summary judgment [61-1] It is therefore ordered that the summary judgment motion of defendants as to pltf.'s claim that the duration of her detainment consituted an unreasonable seizure in violation of the Fourth Amendment is hereby granted. It is further ordered that deft.'s motion for summary judgment as to all claims against the "Wyandotte County Sheriff's Dept" as an entity is granted. It is further ordered that the summary judgment motion of defts. Sully, Riley and Robinson as to pltf.'s remaining claim under 42 U.S.C. 1983 is granted. It is further ordered that defendants' motion for summary judgment as to pltf.'s common law claims of battery, false imprisonment, negligent imprisonment, negligence per se and negligent training, supervision and adoption of policies is granted. Defendants' summary judgment motion as to pltf.'s request for punitive damages in Counts II, III and IV is granted. It is further ordered that the motion of defts. for summary judgment is hereby denied as to pltf.'s section 1983 claim against deft. Joan A. Grogan, alleging a strip search conducted under color of state law deprived pltf. of her Fourth and Fourteenth Amendment rights to be secure in her person against reasonable searches. 29 pages (cc: all counsel) (KM) (Entered: 08/02/1991)

PACER
72 Aug. 6, 1991

MEMORANDUM AND ORDER: by Chief Judge Earl E. O'Connor granting motion for summary judgment [51-1] denying motion for partial summary judgment [53-1] denying motion for hearing on motions for summary judgment [61-1] Defendant's motion for summary judgment as to all claims against the "Wyandotte County Sheriff's Department" as an entity is GRANTED. 12 pages (cc: all counsel) (KM) (Entered: 08/07/1991)

PACER
73 Sept. 16, 1991

NOTICE of Civil Jury Trial Setting Jury trial scheduled for trial calendar of 10/7/91 at 10:00am as case #2 (cc: all counsel) (KM) (Entered: 09/17/1991)

PACER
74 Sept. 30, 1991

MOTION by plaintiff for leave to file mtn in limine out of time, referred to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 10/02/1991)

PACER
75 Oct. 2, 1991

MOTION by plaintiff in limine referred to Chief Judge Earl E. O'Connor (ICMSUSER) (Entered: 10/03/1991)

PACER
76 Nov. 1, 1991

JOINT STIPULATION for dismissal by Sarah L Allen, Joan Grogan (KM) Modified on 12/27/1991 (Entered: 11/04/1991)

PACER
77 Nov. 4, 1991

ORDER ENTERED: by Chief Judge Earl E. O'Connor granting stipulation for dismissal [76-1] dismissing party Joan Grogan with prejudice, each party to bear own costs (cc: all counsel) (KM) (Entered: 11/04/1991)

PACER
78 Dec. 27, 1991

JUDGMENT ENTERED BY THE CLERK: re: Memorandum and Order of 8/1/91 [71-1] Pursuant to the Memorandum and Order of 8/1/91, defendants Wyandotte County Sheriff's Department, Owen L. Sully, Roger C. Riley and Theodore Robinson's motions for summary judgment are GRANTED. Plaintiff to take nothing and the action is dismissed on the merits. Defendants to recovery of plaintiff their costs of action (cc: all counsel) (KM) (Entered: 12/27/1991)

PACER

Case Details

State / Territory:

Kansas

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 9, 1990

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman strip-searched by officers at the Kansas University Medical Center after having been arrested for driving on a suspended license and with expired tags.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Wyandotte County Board of Commissioners

Wyandotte County Sherrif's Department

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 Kansas 2:90-cv-02059

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation