Dodge v. County of Orange

226 F.R.D. 177, 2005 U.S. Dist. LEXIS 1574, 2005 WL 195387
CourtDistrict Court, S.D. New York
DecidedJanuary 27, 2005
DocketNos. 02 Civ. 769CMMDF, 02 Civ. 8451CMLMS
StatusPublished
Cited by7 cases

This text of 226 F.R.D. 177 (Dodge v. County of Orange) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodge v. County of Orange, 226 F.R.D. 177, 2005 U.S. Dist. LEXIS 1574, 2005 WL 195387 (S.D.N.Y. 2005).

Opinion

DECISION AND ORDER ON PLAINTIFFS’ MOTION FOR TO DECERTIFY THE RULE 23(B)(2) CLASS IN THIS ACTION AND CERTIFY A CLASS OR SUBCLASSES UNDER RULE 23(B)(3)

McMAHON, District Judge.

These consolidated actions, brought as class actions, challenge the admissions procedures for newly-arrived inmates at the Orange County Correctional Facility (OCCF). The Dodge plaintiffs seek to represent a class consisting of all persons accused of misdemeanors who were strip searched upon their initial arrival at OCCF from January 31, 1999 through August 6, 2002. The Rango plaintiffs seek to represent a class consisting of all persons accused of felonies who were strip searched upon their arrival at OCCF during the same period.1

Dodge has been the subject of considerable litigation before this court, including the certification of a class pursuant to Fed.R.Civ.P. 23(b)(2), Dodge v. County of Orange, 208 F.R.D. 79 (S.D.N.Y.2002), and a full trial on the merits of plaintiffs’ request for preliminary and permanent injunctive relief against OCCF’s policies relating to strip searches upon initial admission to the facility. Dodge v. County of Orange, 282 F.Supp.2d 41 (S.D.N.Y.2003). On appeal from this Court’s determination after trial, the Second Circuit vacated that judgment and remanded so this court could reconsider the issue of plaintiffs’ standing to seek injunctive relief in view of its decision in Shain v. Ellison, 356 F.3d 211 (2d Cir.2004)(Shain II), which was handed down after the trial of the injunction claims. Dodge v. County of Orange, 103 Fed.Appx. 688, 2004 WL 1567870 (2d Cir.2004).

In the wake of Shain II, plaintiffs have withdrawn their claim for injunctive relief. They seek decertification of the Rule 23(b)(2) class and certification of a class or classes of plaintiffs pursuant to Rule 23(b)(3). Defendants have no problem decertifying the injunctive class but oppose the motion to certify classes for purposes of recovering damages.

The standards for determining a motion for class certification are well settled and require little discussion. For a court to certify a class under Rule 23(b)(3), it must conclude that the prerequisites to class action status as set forth in Rule 23(a) are met, as well as the standards specific to Rule 23(b)(3) classes. In brief, the court must conclude all of the following:

Under Rule 23(a):

(1) the class is so numerous that joinder of all members is impracticable;

[180]*180(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

Under Rule 23(b):

(1) the questions of law or fact common to the members of the class predominate over any questions affecting only individual members; and

(2) a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

The following constitute my findings on these issues.

Rule 23(a)(1): Numerosity

There is no question that the class is so numerous that joinder of all members is impracticable. Defendants do not dispute plaintiffs assertion, using data drawn from the report filed annually by OCCF with the New York State Department of Corrections, that there could be as many as 9,280 members in the Dodge class (misdemeanor admit-tees) and over 10,000 members in the Rango class (felony admittees).

Rule 23(a)(2): Commonality/Rule 23(a)(3): Typicality

“The commonality and typicality requirements of Rule 23(a) tend to merge.” General Telephone Co. of the Southwest v. Falcon, 457 U.S. 147, 157 n. 13, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). The crux of both requirements is to ensure that the maintenance of a class action is economical, and that the named plaintiffs’ claims and the class claims are so inter-related that the interest of the class members will be fairly and adequately protected in their absence. Pyke v. Cuomo, 209 F.R.D. 33, 41 (N.D.N.Y. 2002). As such it is appropriate to discuss them together.

The commonality requirement is satisfied if plaintiffs’ grievances share a common question of law or fact. It is not necessary that all of the questions raised by arguments are identical; it is sufficient if a single common issue is shared by the class. Robinson v. Metro-North Commuter R.R. Co., 267 F.3d 147, 155 (2d Cir.2001); Trief v. Dun & Bradstreet Corp., 144 F.R.D. 193, 198 (S.D.N.Y. 1992); Fox v. Cheminova, Inc., 213 F.R.D. 113, 126 (E.D.N.Y.2003). Or, as this court previously held in this very action, “Rule 23(a)(2) does not require the plaintiffs to demonstrate that the class members’ claims are identical; rather, it demands that the disputed issue of law or fact ‘oecupi[ies] essentially the same degree of centrality to the named plaintiffs’ claim as to that of the other members of the proposed class.’ ” Dodge v. County of Orange, 208 F.R.D. 79, 88 (S.D.N.Y.2002).

The typicality requirement is satisfied “if the claims of the named plaintiffs arise from the same practice or course of conduct that gives rise to the claims of the proposed class members.” Marisol A. v. Giuliani, 929 F.Supp. 662, 691 (S.D.N.Y.1996); Robinson, supra, 267 F.3d at 155.

Notwithstanding defendants’ effort to overcomplicate the analysis, there is in fact one issue that is both common to the claims of every proposed class member and central to each of their claims: the existence or nonexistence of a policy at the OCCF of strip searching each and every new pre-trial detainee upon arrival at the jail, regardless of the existence of individualized reasonable suspicion that the new arrival was carrying contraband, based on the nature of the crime charged, the circumstances of the arrest, and the particular characteristics of the arrestee. All the members of the Dodge class contend that such a policy existed at the time they were admitted to the jail; all the members of the class claim that any such policy is patently illegal under Second Circuit jurisprudence; 2 and all the members of the class claim that they were searched pursuant to [181]*181the policy, which was uniformly applied to every arriving detainee. That is what the named plaintiffs allege in the Dodge complaint; that is what the other members of the proposed class allege.

The same is true of the proposed Rango class: the plaintiffs, all newly-arrived detainees accused of felonies, allege that they were strip searched pursuant to an unconstitutional policy of searching all arriving detainees. The principal difference between the Dodge and Rango classes is that Second Circuit jurisprudence on the strip searching of pretrial detainees accused of felonies is not “settled;” the Court of Appeals has never spoken to the question and, as far as I know, the only court to rule on the question is this one. See Murcia v. County of Orange,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Augustin v. Jablonsky
819 F. Supp. 2d 153 (E.D. New York, 2011)
Jones v. Murphy
256 F.R.D. 519 (D. Maryland, 2009)
Rattray v. Woodbury County
253 F.R.D. 444 (N.D. Iowa, 2008)
Johnson v. District of Columbia
248 F.R.D. 46 (District of Columbia, 2008)
Bradley v. Village of Greenwood Lake
376 F. Supp. 2d 528 (S.D. New York, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
226 F.R.D. 177, 2005 U.S. Dist. LEXIS 1574, 2005 WL 195387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-v-county-of-orange-nysd-2005.