Augustin v. Jablonsky

461 F.3d 219
CourtCourt of Appeals for the Second Circuit
DecidedAugust 24, 2006
DocketDocket Nos. 05-4206-CV(L), 05-4211-CV(CON), 05-4242-CV(CON)
StatusPublished
Cited by6 cases

This text of 461 F.3d 219 (Augustin v. Jablonsky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Augustin v. Jablonsky, 461 F.3d 219 (2d Cir. 2006).

Opinion

STRAUB, Circuit Judge.

This appeal is the latest installment in a series of litigations over the Nassau County Correctional Center’s (“NCCC”) blanket strip search policy for newly admitted, misdemeanor detainees (“the policy”). Plaintiffs, who were strip searched pursuant to the policy, appeal from a series of orders entered in the District Court for the Eastern District of New York (Denis J. Hurley, Judge) denying their repeated motions for class certification on the ground that individual issues predominated over common ones. See Fed.R.Civ.P. 23(b)(3) (requiring that “questions of law or fact common to the members of the class predominate over any questions affecting only individual members”).

During the course of class certification motion practice, plaintiffs requested that the District Court certify a Rule 23(b)(3) class solely on the issue of liability, as permitted by Rule 23(c)(4)(A). In response, defendants conceded their liability to plaintiffs. The District Court denied the motion. As an initial matter, the District Court expressed serious doubt over whether it could certify a class on the issue of liability since it already had determined that plaintiffs’ claims, as a whole, failed the predominance test. Even if it could do so, the District Court reasoned that defendants’ concession removed common liability issues from the predominance analysis. With common liability issues so excised, the Court concluded that individual liability issues, such as the application of an affirmative defense, predominated. The Court thus denied plaintiffs’ motions for class certification on the issue of liability.

The precise issues on appeal are whether (1) a court may certify a Rule 23(b)(3) class as to a particular issue when it already has determined that the claim as a whole fails the predominance test; (2) common issues that are conceded remain part of the predominance analysis; and (3) the District Court exceeded its allowable discretion by failing to certify a class on the issue of liability. As set forth more fully below, we hold that (1) a court may employ rule 23(c)(4)(A) to certify a class as to an issue regardless of whether the claim as a whole satisfies the predominance test; (2) the District Court erred when it con-[222]*222eluded that defendants’ concession eliminated liability issues from the predominance analysis; and (3) the District Court exceeded its allowable discretion by failing to certify a class on the issue of liability pursuant to Rules 23(b)(3) and (c)(4)(A). Accordingly, we reverse the District Court’s orders dated September 23, 2003 and November 7, 2003 to the extent that they deny certification as to the issue of liability, and we remand for proceedings consistent with this opinion.

BACKGROUND

In 1999, the District Court for the Eastern District of New York held that defendants’ blanket policy of strip searching newly admitted, misdemeanor detainees violated clearly established Fourth Amendment law. See Shain v. Ellison, 53 F.Supp.2d 564 (E.D.N.Y.1999), aff’d, 273 F.3d 56 (2d Cir.2001). Although the policy has never been formally enjoined, Shain v. Ellison, 356 F.3d 211 (2d Cir.2004) (vacating injunction for lack of standing), defendants assert that following the District Court’s 1999 decision, they ceased implementing it.

Shortly after the District' Court’s 1999 decision, plaintiffs'brought three separate actions in the Eastern District of New York: Augustin v. Jablonsky, No. 99 Civ. 3126, O’Day et al. v. Nassau County Sheriff’s Department, et al., No. 99 Civ. 2844, and Iaffaldano v. County of Nassau, No. 99 Civ. 4238. Together, plaintiffs named as defendants Nassau County, Sheriff Joseph P. Jablonsky, the Sheriffs Department, County Executive Thomas S. Gulot-ta, the Division of Corrections, the Port Washington Police District and its chief of police, William Kilfoil, and up to 200 subordinate John and Jane Doe corrections officers.

Each action alleged that plaintiffs were arrested on misdemeanor charges unrelated to weapons or drugs and thereafter strip searched, without individualized suspicion, pursuant to the policy. Plaintiffs claimed that the strip searches violated 42 U.S.C. § 1983, the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, and Article 1, section 12 of the New York State Constitution. They sought compensatory and punitive damages, a declaration that the policy was unconstitutional, and an injunction barring enforcement of the policy. They also sought to maintain each litigation as a class action.

In February of 2000, plaintiffs moved to consolidate all three actions and certify a unified class pursuant to Rule 23(b)(3).1 Plaintiffs defined the class as follows: “[A]ll persons arrested for or charged with non-felony offenses who have been admitted to the Nassau County Correctional Center and strip searched without particularized reasonable suspicion.” In an opinion and order dated March 8, 2001, the District Court granted that branch of the motion seeking consolidation and denied that branch seeking class certification. See Augustin v. Jablonsky, No. 99 Civ. 3126, 2001 WL 770839 (E.D.N.Y. Mar.8, 2001).

The District Court determined that plaintiffs satisfied the four requirements of numerosity, commonality, typicality, and adequacy of representation. See Fed. R.Civ.P. 23(a). However, it denied certification for lack of common issue predominance. The Court recognized certain common questions, namely, (1) whether defendants maintained a blanket strip search policy; (2) whether that policy was unconstitutional; and (3) whether some or [223]*223all defendants may be held bable. Nonetheless, it determined that individualized issues predominated, in particular: (1) whether subordinate Jane and John Doe defendants might escape liability in some cases because, notwithstanding the blanket policy, they had reasonable suspicion to search certain detainees; (2) the existence of proximate causation for each alleged injury; and (3) compensatory and punitive damages calculations.

The District Court noted the possibility of sua sponte certifying a class solely on the issue of liability pursuant to Rule 23(e)(4)(A), which allows for class certification “with respect to particular issues.” It declined to do so because it did not wish to “undertake plaintiffs’ burden” to “craft and submit a proposal,” and because, as a legal matter, it perceived “considerable doubt as to the propriety of using Rule 23(c)(4)(A) in this fashion.” In particular, the Court relied on Castano v. Am. Tobacco Co., 84 F.3d 734 (5th Cir.1996) for the proposition that courts may not employ Rule 23(c)(4)(A) to single out the issue of liability for class treatment unless the “cause of action, as a whole,” first satisfies Rule 23(b)(3)’s predominance requirement. Id. at 745 n. 21 (emphasis added by District Court).

Plaintiffs moved for reconsideration.

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461 F.3d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/augustin-v-jablonsky-ca2-2006.