A federal class action suit, challenging a New York jail's blanket misdemeanor strip-search policy
has been settled for $1,783,670.20.
Timothy Maneely brought suit in federal court, challenging the City of Newburgh, New York
policy of strip searching all arrestees without reasonable suspicion.
The case was certified as a class action, including all misdemeanor arrestees who were not
arrested for the use or possession of drugs or weapons, but who were strip searched between
March 27, 1998 and August 24, 2000. See: Maneely v. City of Newburgh, 208 F.R.D. 69 (SD NY
The court denied the plaintiff class summary judgment, Maneely v. City of Newburgh, 256
F.Supp.2d 204 (SD NY 2003), and the parties agreed to settle the action on September 6, 2005.
The settlement requires Defendants to pay $1,200,000 to pay the claims of Maneely and all
Eligible Class Members (ECMs). Maneely was awarded $25,000, with the remaining $1,175,000 to
be divided among all ECMs who filed timely claims. Each valid claimant is to receive $1,000 to
settle all claims, regardless of the number of times they may have been strip searched. If the
number of $1,000 claims exceeds the settlement fund every ECM will receive a pro-rata share of
the fund. If the claims do not exhaust the settlement fund, the balance shall be returned to the
City of Newburgh. ECMs were permitted to opt-out of the Settlement.
Class counsel was awarded attorneys fees totaling $550,000 and costs of $33,670.20. The Class
was represented by Dupée, Dupée & Monroe, P.C., 30 Matthews Street, PO Box 470, Goshen, New
York 10924, and Robert N. Isseks, Esq., 6 North Street, Middletown, New York 10940. Counsel
also settled a similar case against Orange County, New York in Dodge v. Orange County, 282
FSupp2d 41 (SDNY 2003 [PLN March 2005, p.29]. See: Maneely v. City of Newburgh, USDC SD NY,
Case No. 01-CIV-2600 (CLB)(MDF).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Maneely v. City of Newburgh
|Cite||USDC SD NY, Case No. 01-CIV-2600 (CLB)(MDF)|