U.S. District Court for Western New York Case Summaries: October 2,

Daily Record (Rochester, NY), Oct 2, 2008

U.S. District Court, Western New York

Civil Rights

Williams v. County of Niagara

06-CV-291

Judge Arcara

Background: Plaintiffs move for class certification in the action, which alleges federal civil rights violations stemming from Niagara County's alleged practice and policy of strip searching all pretrial detainees admitted to the Niagara County Jail on charges of misdemeanors or lesser crimes, regardless as to whether there is reasonable suspicion that the detainees possess contraband or weapons. The complaint seeks declaratory and injunctive relief, class certification, compensatory damages, punitive damages and attorney's fees. The plaintiffs rely on Second Circuit precedent holding that those charged with a misdemeanor and remanded to a local correctional facility have a right to be free of a strip search absent any suspicion they are carrying contraband or weapons.

Ruling: The court grants class certification of two separate classes of detainees based on the defendant's differing search procedures pursuant to two separate policies.

Alexander E. Barnett of The Mason Law Firm LLP, et al. for the plaintiffs, and Frank T. Gaglione of Hiscock & Barclay LLP for the defendants