:ase 5:07-cv-OO94~-JF Document 1-1 Filed 02/14/2007 Page 1 of 16

1 LAW OFFICE OF MARK E. MERIN
Mark E. Merin, SBN 043849 2 2001 P Street, Suite 100
Sacramento, CA 95814 3 Telephone: 916/443-6911
Facsimile: 916/447-8336
4 E-Mail: mark@markmerin.com

5 Attorneys for Plaintiffs

6

---o0o--

7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10

C°° 07

11 DENNIS BUTLER, on behalf of himself andCASE NO:

12 all those similarly situated;

CLASS ACTION COMPLAINT

Plaintiffs,

DEMAND FOR JURY TRIAL

15 SANTA CRUZ COUNTY; SANTA CRUZ

16

COUNTY SHERWF STEVE ROBBINS, in his Individual and Official Capacities;

17

SANTA CRUZ COUNTY SHERIFF’S DEPUTIES DOES 1 THROUGH 50; and

18 ROES 1 THROUGH 20

19

Defendants.

20 PLAINTIFF ALLEGES:

21

INTRODUCTION

22

This is an action for declaratory and injunctive relief, damages, and punitive damages, against

23 the COUNTY OF SANTA CRUZ, SANTA CRUZ COUNTY SHERIFF STEVE ROBBINS,

24 Individually and in His Official Capacity, SANTA CRUZ COUNTY SHERIFF’ S DEPUTIES sued

25 under their fictitious names as DOES 1 THROUGH 50, and ROES 1 THROUGH 20, for violations 26 of Plairttiff’s constitutional rights resulting from an application of SANTA CRUZ COUNTY’S and

27 the Sheriff,s policies, practices, and customs concerning strip searches and visual body cavities

28 searches in Santa Cruz County Jail. Plaintiff seeks an order declaring illegal Defendants’ policy of

DENNIS BUTLER, ot al. vs, COUNTY OF SANTA CRUZ, et ft.

Pal~e ~ CLASS ACTION COMPLAINT

USDC, Northern Dislfiel, San Jose Division, Case No.

:ase 5:07-cv-OO94;I-JF Document 1-1 Filed 02/14/2007 Page 2 of 16

1 subjecting detainees in their custody to strip and visual body cavity searches before they are

2 arraigned and without having any reasonable suspicion that the searches will be productive of

3 contraband. Plaintiff further seeks an order declaring illegal Defendants’ policy of conducting

4 repetitive strip searches without detainees having an opportunity, between strip searches, to acquire

5 contraband. In addition, Plaintiff seeks an order declaring illegal Defendants’ policy and practice

6 of conducting the complained of searches, in groups, and/or in areas that can be and are observed

7 by persons not officially participating in the searches.

8

Finally, Plaintiff seeks an order declaring illegal Defendants’ policy of conducting strip

9 searches on persons returning from Court after being ordered released on their own recognizance or 10 after the charges against them have been dismissed.

11

Defendants’ strip search and visual body cavity search policies, practices, and customs

12 violate those fights of Plaintiff, and all those he represents, that are secured by the Fourth and

13 Fourteenth Amendments to the United States Constitution and entitles Plaintiff, and all those 14 similarly situated to recover damages under the Federal Civil Rights Act (42 U.S.C. § t 983).

15

Additionally, Plaintiff includes, on behalf of himself and on behalf of all those he represents

16 supplemental claims under California State Law against Defendants: 1) for violation of California

17 Penal Code § 4030 which prohibits pre-arraignment strip searches of most misdemeanants, requires 18 such searches to be conducted in an area of privacy where they cannot be observed by persons other

i9 than those whose official duties require them to participate in the searches, and requires them to be

20 pre-approved in writing by a supervisor; and, 2) for violation of the Bane Civil Rights Act

21 (California Civil Code § 52 and § 52.1 (b)), which provides for civil penalties in case where persons

22 are coerced to give up their constitutional or statutory rights. California Penal Code § 4030 provides

23 for minimum damages of $1,000.00 for each illegal search and the Bane Act entitles Plaintiff, and

24 each of those he represents to receive statutory minimum damages of $4,000 per violation.

25

JURISDICTION

26

t. This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988, and the Fourth and

27 Fourteenth Amendments to the United States Constitution. Jurisdiction is founded upon 28 U.S.C.

28 §§ 1331 and 1341(3) and (4) and the aforementioned statutory and constitutional provisions. Under

DENNIS BUTLER. ot a]. vs. COLINFY OF SAiNTA CRUZ, et a[

CLASS ACTION COMP~

USDC, Northern Dist~ S~n Jose Division, Cue No,

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1 28 U.S.C. § 1367(a) the Court has supplemental jurisdiction over the state claims alleged herein.

2

PARTIES

3

2. Plaintiff DENNIS LEE BUTLER, and all those similarly situated, are, and at all

4 material times herein, were citizen of the United States and residents of the state of California who 5 were arrested within the period two (2) years before the filing of this Complaint and continuing to 6 thisdate, and who were subject to strip and/or visual body cavity searches at Santa Cruz County jail

7 prior to being arraigned and/or without the Defendants first having, and recording in writing, a

8 reasonable suspicion that the searches would be productive of contraband or weapons. Plaintiff

9 Butler, and some of those he represents, were also subjected to repetitive strip searches, without there

10 being reasonable suspicion to believe he had acquired contraband; were strip searched, in groups

11 and/or were strip searched following return from Court at which he was ordered released on his own

i2 recognizance and/or the charges were dismissed.

13

3. Defendants SANTA CRUZ COUNTY SHERIFF STEVE ROBBINS is, and at all

14 material times referred to herein, was the duly elected Sheriffof Santa Cruz County, responsible for

15 administering the jail facilities and for making, overseeing, and implementing the policies, practices

16 and customs challenged herein relating to the operation of the Santa Cruz County Jail. He is sued

17 in his individual and official capacities.

18

4. Defendants SANTA CRUZ COUNTY SHERIFF’S DEPUTIES sued herein by their

19 fictitious names (Does t through 50) are all deputies who, as part of their duties at the Santa Cruz

20 County Jail, subjected Plaintiff and all those he represents, to pre-arraignment and/or visual body

21 cavity searches without having and/or recording in writing, a reasonable suspicion that the searches

22 would be productive o f contraband or weapons and/or conducted the complained of searches so they

23 could be observed by persons not officially participating in the search; and/or performed repetitive

24 strip searches without having any reasonable suspicion to believe that, in the interim following the

25 earlier strip search, the detainees had acquired contraband; and/or who strip searches Plaintiff and

26 those he represents following return from Court at which the detainees were ordered released on their

27 own recognizance and/or their cases were dismissed.

28

DENNIS BUTLER, et al. vs. COUNTY OF SANTA CRUZ, et al

CLASS ACTION COMPLAINT

USDC, Northern District. San J’ose Divisint~ Case No.

:ase 5:07-cv-OO94:1-J’.F Document 1-1 Filed 02/14/2007 Page 4 of 16

1

5. At all material times mentioned herein, each of the Defendants was acting under the

2 color of law, to wit, under color of statutes, ordinances, regulations, policies, customs and/or usages

3 of the state of California, SANTA CRUZ COUNTY, and/or the Santa Cruz County SherifFs 4 Department.

5

6. Defendants whose names are not now known and who are sued by the fictitious

6 names ofROES 1 through 20, are all agents and/or employees of one or another of the other named

7 Defendants who ordered, condoned, authorized, covered-up, or otherwise associated with the

8 implementation of the illegal policies and practices relating to strip searches complained of herein.

9

7. Defendant SANTA CRUZ COUNTY is, and at all material times referred to herein,

10 was a division of the state of California, that maintained or permitted an official policy or custom

11 or practice causing or permitting the occurrence of the types of wrongs complained of herein, which

12 wrongs damaged Plaintiff and all those similarly situated, as herein alleged. Plaintiff’s allegatio

13 against the COUNTY OF SANTA CRUZ are based on acts and admissions of the SHERIFF and his

14 DEPUTIES and on acts and omissions of those who are COUNTY employees, and on the

:15 COUNTY’s breach of duty to protect the Plaintiffand all those who he represents, fi-om the wrongful

16 conduct of said persons and employees.

17

8. Defendant SHERIFF OF SANTA CRUZ COUNTY, STEVE ROBBINS, in his

18 individual and official capacities also maintained or permitted an official policy or custom of causing

19 or permitting the occurrence of the types of wrongs committed herein, which wrongs damaged

20 Plaintiff, and all those similarly situated, as herein alleged.

21

9. Class action Plaintiffs are those similarly situated who, during the period, two (2)

22 years before the filing of this Complaint and continuing to this date were subjected by Defendants

23 to pre-arraignment strip and/or visual body cavity searches without Defendants having, and recording

24 in writing, a reasonable suspicion that the searches would be productive of contraband or weapons;

25 and/or who were strip searched prior to arraignment in an area that was observable by persons not

26 officially participating in the search; and/or who were subjected to repetitive strip searches without

27 there being reasonable suspicion that following the earlier strip search the detainees had acquired

28 contraband; and/or who were strip searched following return fi:om Court at which they were ordered

DENNIS BUTLER, at al. vs. COUNTY OF SANTA CRUZ,

CLASS ACTION COMPLAINT

USDC, Northern District, San ~’ose Division, CaseNo,

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1 released on their own recognizance and/or their charges were dismissed.

2

FACTS

3

10. On or about October 18, 2006, PlaintiffDENNIS LEE BUTLER (herein after referred

4 to as "Plaintiff’) was arrested on warrants issued for vehicle code violations and transported to Santa

5 Cruz County Jail where, prior to arraignment, he was striped naked and, after waiting several

6 minutes during which time he was observed by multiple deputies, given clothing and taken with

7 several other detainees to housing where, in the presence of other detainees, he was required to

8 remove all of his clothes, bend over, spread his buttocks so that his anal area could be observed, then

9 turn around and lift his penis and scrotum so that the area of his genitalia could be scrutinized.

10 These procedures were performed, in a group so that Plaintiff could see and be seen by the other

11 detainees similarly strip searched.

12

11. Plaintiff was then placed in housing until it was time for him to go to Court to be

13 arraigned at which time, prior to leaving housing, he was again subjected to a group strip search, this

14 time in the presence of females, before being taken to Court at which he was ordered released on his

15 own recognizance. Upon returning from Court, Plaintiff was again subjected to a group strip search

16 and released from Santa Cruz County Jail.

17

12. Within six (6) months of the strip searches described in the previous paragraph,

18 Plaintiff filed a group government tort claim for himself and for all those persons similarly situate

19 (a copy of said claim is attached hereto as Exhibit "A", and incorporated here into the extent relevant

20 by this reference). Plaintiff’s group claim was rejected by operation of law on February 9, 2007,

21 allowing the filing of this class action Complaint on state, statutory and constitutional grounds.

22

13. Plaintiffis informed and believes, and on that basis alleges, that Defendants routineIy

23 followed their policy, practice, and custom of subjecting pre-arraignment detainees, including

24 Plaintiff, and all those he represents, to strip mad visual body cavity searches without first having,

25 and recording in writing, a reasonable suspicion that the search will be productive of contraband

26 and/or weapons. Plaintiff is further informed and believes, and therefore alleges, that Defendants

27 routinely following their policy, practice, and custom of conducting the complained of searches in

28 the presence of persons not officially participating in the searches; of conducting repetitive strip

DENNIS BUTLER, ~ al. vs. COUNTY OF SANTA CRUZ, et al.

Page 5 CLASS ACTION COMPLAINT

USDC, Northern District, San Ios¢ Division, Case No.

:ase 5:07-cv-OO94i-JF Document 1-1 Filed 02/14/2007 Page 6 of 16

1 searches without having reasonable suspicion to believe the detainees have acquired contraband

2 following the earlier strip searches; and strip searched persons returning form Court after they have

3 been ordered released on their own recognizance and/or after their charges have been dismissed.

4

14. Defendant SANTA CRUZ COUNTY SHERIFF, STEVE ROBBINS, is personally

5 responsible for the promulgation and continuation of the strip search policy, practice, and custom

6 pursuant to which Plaintiff, and all those he represents, were subjected to strip searched in the

7 manner described above.

8

15. As a result of being subjected to the strip searches complained of herein, Plaintiffand

9 each of the persons similarly situated whom he purports to represents, suffered physical, mental, and

10 emotional distress, invasion of privacy, and violation of due process of law and state and federal

11 statutory and constitutional rights, and are entitled to recover damages, according to proof, and those

I2 charged with misdemeanors, not involving violence, drugs or weapons, are entitled to recover

13 damages, according to proof, but at a minimum $1,000 as specified in Califomia Penal Code §

14 4030(p) and $4,000 as specified in California Civil Code § 52 and 52.1 (b); while those charged with

15 felonies not involving violence, drugs or weapons are entitled to collect damages according to proof,

16 as are those persons charged with offenses involving violence, drugs or weapons who could have

17 been legally strip searched upon intake, but who were repeatedly strip searched, strip searched in

18 groups, and/or strip searched after being OR’d or after their charges had been dismissed.

19

CLASS CLAIMS

20

16. The strip and visual body cavity searches to which Plaintiff, and all those similarly

21 situated, were subjected were performed pursuant to policies, practices, and customs of Defendants

22 SANTA CRUZ COUNTY SHERIFF STEVE ROBBINS, SANTA CRUZ COUNTY, the individual

23 SHERIFF’S DEPUTIES sued herein by the fictitious names 1 through 50, and the individuals whose

24 names are not now known and who are sued by the fictitious names of ROES 1 through 20. The

25 searches complained of herein were performed without regard to the nature of the alleged offenses

26 for which Plaintiff, and all those similarly situated, had been arrested, without regard to whether or

27 not Plaintiff, or those he represents, was eligible for cite and release under Penal Code § 853.6,

28 without regard to whether or not Plaintiff, and each of those similarly situated, was eligible for

DENNIS BUTLER, ~t al. vs. COUNTY OF SANTA CRUZ. et ~d,

Page 6 CLASS ACTION COMt’LAINT

USDC, Northern District, San lo~e Division, Ca~e

’=

:ase 5:07-cv-OO941,JF Document 1-1 Filed 02/14/2007 Page 7 of 16

1 and/or was released on his orher own recognizance. Furthermore, the searches complained of herein

2 were performed without Defendants having a reasonable belief that the Plaintiff, or any of those

3 similarly situated, so searched possessed weapons or contraband, and those facts being articulated

4 and recorded in a supervisor-approved document. In addition, the searches complained of herein

5 were repetitive without any reasonable belief that the Plaintiff, or those person similarly situated

6 whom he represents, had acquired contraband following the prior strip search. Furthermore, the

7 searches complained of herein were performed without Defendants taking reasonable precautions

8 to ensure that Plaintiff, and each of those similarly situated, was searched in an area affording

9 privacy and was not observed by others not participating in the search but, to the contrary, were, in

10 fact, performed in groups and when going to and returning from Court, performed in places where

11 Plaintiff, and others similarly situated, could be and were view by members of the opposite sex.

12

17. Plaintiff brings this action on his own behalf and on behalf of all persons similarly

13 situated pursuant to Rule 23, Federal Rules of Civil Procedure.

14

18. The Class is defined to include all persons who, in the period from and including two

15 (2) years prior to the filing of this Complaint, and continuing until this matter is adjudicated and the

16 practices complained of herein cease, were arrested and subjected to a pre-arraignment strip and or

17 visual body cavity search at the Santa Cruz County Jail without Defendants first having, and

18 recording in writing, a reasonable suspicion that the search would be productive of contraband or

19 weapons. This class includes persons who were arrested on felonies and/or misdemeanors or

20 infractions. The class includes all persons who were subjected to repetitive strip searches with no

21 reasonable suspicion to believe that the detainees searched had acquired contraband subsequent to

22 the prior search. The class also includes all those persons who were subjected to pre-arraignment

23 strip and/or visual body cavity searches in the presence of persons who were not officially

24 participating in such searches and/or those who were searched in places where they could be and

25 were visualized bymembers of the opposite sex. Finally, the class includes all persons strip searched

26 upon returning from Court after they were released on their own recognizance and/or the charges

27 against them were dismissed.

28

DENNIS BUTLER, ctal. vs. COUNTY OF SANTA CRUZ, et al.

CLASS ACTION COMPLAINT

USDC, Norlhcrn District, San Jos~ Division, CaseNo.

;ase 5:07-cv-OO941-JF Document 1-1 Filed 02/14/2007 Page 8 of 16

1

19. In accordance with Federal Rules of Civil Procedure, Rule 23 (a), the members of the

2 class are so numerous that joinder of all members is impractical. Plaintiffdoes not know the exact

3 number of class members. Plaintiff is informed and believes, and thereupon alleges, that there are

4 more than 40 persons per day who are arrested by Defendants and/or in the custody of Defendants

5 who are subjected to the searches complained of herein as a result of Defendants’ policy, practice,

6 and custom relating to said searches.

7

20. In accordance with Federal Rules of Civil Procedure, Rule 23 (a), Plaintiffis informed

8 and believes, and thereupon alleges, that there are many questions of fact common to the class

9 including, but not limited to: (1) whether Defendants routinely subject all persons arrested to visual

10 body cavity searches prior to arraignment whether or not they intend such persons to be housed in

11 the SANTA CRUZ County Jail; (2) whether Defendants routinely subject all persons arrested to

12 visual body cavity searches prior to arraignment if they intend such persons to be housed in the

13 SANTA CRUZ County Jail; (3) whether persons are subjected to strip and/or visual body cavity

14 searches prior to arraignment without there being any reasonable suspicion, based on specific or

1.5 articulable facts, to believe that any particular arrestee has concealed drugs, weapons, and/or

16 contraband in bodily cavities which could be detected by means of a strip and/or visual body cavity

17 search; (4) whether the strip and/or visual body cavity searches are conducted in an area of privacy

18 so that the searches cannot be observed by persons not participating in the searches; (5) whether the

19 strip and/or visual body cavity searches are conducted in groups; (6) whether the strip and/or visual

20 body cavity searches are performed on detainees following their return from Court at which they

21 have been ordered released on their own recognizance and/or their cases have been dismissed; (7)

22 whether the strip and/or visual cavity searches are reasonably related to Defendants’ penological

23 interest to maintain the security of the jail and whether or not there are less intrusive methods for

24 protecting any such interest; and (8) whether repetitive strip and/or visual body cavity searches are

25 performed without an intervening opportunity for the detainees to receive contraband.

26

21. In accordance with Federal Rules of Civil Procedure, Rule 23 (a), Plaintiffis informed

27 and believes, and thereupon alleges, that there are many questions of law common to the class

28 including, but not limited to: (1) whether Defendants may perform strip and/or visual body cavity

DENNIS BUTLER, et zl. vs, COUNTY OF SANTA CRUZ, et al.

P~e8 CLASS ACTION COMPLAINT

USDC, NoxXhern District, San Iose Division, CaseNa.

"

;ase 5:07-cv-OO941-J,.~F Document 1-1 Filed 02/14/2007 Page 9 of 16

searches on persons prior to their arraignment without reasonable suspicion, based on specific or

articulable facts, to believe any particular pre-arraignment detainee has concealed drugs, weapons

and/or contraband which would likely be discovered by a strip and/or visual body cavity search; (2)

4 whether Defendants may perform strip and/or visual body cavity searches on persons without first

5 reasonably relating the use o f the subject search to Defendants’ penological interest to maintain the

6 security of the jail and determining if there is a less intrusive method to protect that interest; (3)

7 whether strip and/or visual body cavity searches may be conducted in areas where the search can be

8 observed by people not participating in the search without violating Plaintiff’s state and federa

9 constitutional rights and Plaintiff’s state statutory rights; (4) whether or not Defendants’ strip search

10 policy and procedure is in accordance with the State and/or Federal Constitution; (5) whether or not

i1 Defendants’ policy and procedure of conducting pre-arraignment strip searches in groups violates

12 Plaintiff’s state and/or federal constitutional rights to privacy; (6) whether or not Plaintiff’s claim

13 under Penal Code § 4030 are barred by the provisions of Government Code § 844.6; (7) whether or

14 not repetitive strip searches without an intervening opporttmity for detainees to acquire contraband

15 violate state and/or federal statutory and/or constitutional law; (8) whether the strip and/or visual

16 body cavity search of persons returning to Court after they have been ordered released on their own

17 recognizance or their cases are dismissed constitute a violation of state and/or federal statutory

18 and/or constitutional law; and (9) whether or not Defendants have an immunity defense to Plaintiff’s

19 claims under Civil Code §§ 52 and 52.1, and whether or not those claims are actionable in a class

20 action.

21

22. In accordance with Federal Rules of Civil Procedure, Rule 23(a), the claims of the

22 representative Plaintiffis typical of the class. Plaintiffwas searched, prior to arraignment, withou

23 reasonable suspicion that a strip or visual body cavity search would produce drugs, weapons or

24 contraband (and without the facts supporting any such suspicion being articulated in a supervisor-

25 approved writing). Representative Plaintiff has the same interests and suffered the same type of

26 injuries as all of the class members. Plaintiff’s claims arose because of Defendants’ policy, practice

27 and custom of subjecting arrestees to strip and/or visual body cavity searches before arraignment

28 without having, and recording in writing, a reasonable suspicion that the search would be productive

DENNIS BUTLER, et al. vs, COLrNTY OF SANTA CRUZ, et at.

Page 9 CLASS ACTION COMPLAINT

USDC, Northeca D[slricl, San Jose Division, Case No.

:ase 5:07-cv-OO94/I-JF Document 1-1 Filed 02/14/2007 Page 10 of 16

1 of contraband or weapons. Furthermore, Plaintiff’s claims include claims of repetitive strip searches

2 and being strip searched following return from Court after he had been ordered released on his own

3 recognizance. These are claims common to other members of the class or sub-class of those whom

4 Plaintiff seeks to represent. Each class member suffered actual damages as a result of being

5 subjected to a strip and/or visual body cavity search. The actual damages suffered by the

6 representative Plaintiff is similar in type and amount to the actual damages suffered by each class

7 member.

8

23. In accordance with Federal Rules of Civil Procedure, Rule 23(a), the representative

9 Plaintiffwitl fairly and adequately protect the class interests. Plaintiff’s interests are consistent wit

10 and not antagonistic to the interests of the class, even though not each member of the class will,

11 necessarily, have been strip searched under all of the policies complained of herein or be in the sub-

12 class of persons entitled to damages under Penal Code § 4030 and/or Civil Code § 52 and 52.1.

13

24. hi accordance with Federal Rules of Civil Procedure, Rule 23 (b)(1)(A), prosecutions

14 of separate actions by individual members of the class would create a risk that inconsistent or

15 varying adjudications with respect to individual members of the class would establish incompatible

16 standards of conduct for the parties opposing the Complaint.

17

25. In accordance with Federal Rules of Civil Procedure, Rule 23(b)(1)(B), prosecutions

18 of separate actions by individual members of the class would create a risk of inconsistent

19 adjudications with respect to individual members of the class which would, as a practical matter,

20 substantially impair or impede the interests of the other members of the class to protect their

21 interests.

22

26. In accordance with Federal Rules of Civil Procedure, Rule 23(b)(2), Plaintiff is

23 informed and believes, and thereupon alleges, that Defendants have acted on grounds generally

24 applicable to the class, thereby making appropriate the final injunctive or declaratory relief with

25 respect to the class as a whole.

26

27. In accordance with Federal Rules of Civil Procedure, Rule 23(b)(3), this class action

27 is superior to other available methods for the fair and equitable adjudication of the controversy

28 between the parties. Plaintiff is informed and believes, and thereupon alleges, that the interests of

DENNIS BUTLER, et al. vs. COLrNTY OF SANTA CRUZ, et al.

]’age 1 e. CLASS ACTION COMPLAINT

USDC, Northern District, San Jose DNiSiol~ Case No.

.....

:ase 5:07-cv-OO94rl-JF Document 1-1 Filed 02/14/2007 Page 11 of 16

members of the class in individually controlling the prosecution of a separate action is low, in tha

2 most class members would be unable individually to prosecute any action at all. Plaintiff also is

3 informed and believes, and thereupon alleges, that the amounts at stake for individuals are so small

4 that separate suits would be impracticable. Plaintiffis informed and believes, and thereupon alleges,

5 that most members of the class will not be able to find counsel to represent them. Plaintiff is

6 informed and believes, and thereupon alleges, that it is desirable to concentrate all litigation in one

7 forum because all of the claims arise in the same location; i.e., the SANTA CRUZ County Jail. It

8 will promote judicial efficiency to resolve the common questions of law and fact in one forum, rather

9 than in multiple Courts.

10

28. Plaintiff does not know the identities of all of the class members. Plaintiff is

11 informed and believes, and thereupon alleges, that the identities of the class members may be

12 ascertained lYom records maintained by SANTA CRUZ COUNTY and Defendant SANTA CRUZ

13 COUNTY SHERIFF STEVE ROBBINS and the Defendants’ Sheriff’s Department. Plaintiff is

14 informed and believes, and thereupon alleges, that Defendants’ records reflect the identities,

15 including addresses and telephone numbers, of the persons who have been held in custody ha the

16. SANTA CRUZ County Jail. Plaintiff is informed and believes, and thereupon alleges, that records

17 of and maintained by Defendants reflect who was subject to a strip and/or visual body cavity search,

18 when the search or searches occurred, where the search or searches occurred, whether any reasonable

19 suspicion for such search existed and was recorded in a supervisor-approved writing, whether the

20 search was conducted in a group, when persons searched were arraigned, and the charges on which

21 such persons were arrested. Plaintiff is informed and believes, and thereupon alleges, that all of the

22 foregoing information is contained in Defendants’ computer system and that the information

23 necessary to identify the class members, by last known addresses, and the dates and reasons for their

24 arrests and/or release from custody, is readily available from said computer system.

25

29. In accordance with Federal Rules of Civil Procedure, Rule 23(c)(2)(b), class members

26 must be furnished with the best notice practicable under the circumstances, including individua

27 notice to all members who can be identified through reasonable effort. Plaintiff is informed and

28 believes, and thereupon alleges, that Defendants’ computer records contain a last known address for

DENNIS BUTLER, at al. vs~ COIJNTY OF SANTA CRUZ, et al.

Pa~e 11 CLASS ACTION COM/~LPd~T

USDC, Northern Disuiet, San lose Division, Caso No.

~,

:ase 5:07-cv-OO941-JF Document 1-1 Filed 02/14/2007 Page 12 of 16

each class members. Plaintiff contemplates that individual notice will be given to class members

at such last known addresses by first class mail. Plaintiff contemplates that the notice will inform

class members of the following:

i.

The pendency of the class action and the issues common to the class;

ii. The nature of the action;

iii. Their right to "opt out" of the action within a given time, in which event they

will not be bound by a decision rendered in the class action;

8

iv. Their right, if they do not "opt out," to be represented by their own counsel

9

and to enter an appearance in the case; otherwise they will be represented by

10

the named class Plaintiff(s) and the named class Plaintiff(s)’ counsel; and

11

v. Their right, if they do not "opt out," to share in any recovery in favor of the

12

class, and conversely to be bound by any judgment on the common issues

13

adverse to the class.

14

COUNT ONE

(Violation of Fourth and Fourteenth Amendments to the U.S. Constitution

15

on behalf of Plaintiff and all persons similarly situated)

16

30. Plaintiff re-alleges and hereby incorporates herein the preceding paragraphs of this

17 Complaint, to the extent relevant, as if fully set forth.

18

31. Defendants’ policies, practices, and customs regarding the strip and visual body cavity

19 searches complained of herein violated the rights of Plaintiff, and all those similarly situated, unde

20 the Fourth Amendment to be free from unreasonable searches and seizures; violated the fights of

21 Plaintiff, and all those similarly situated, to due process and privacy under the Fourteenth

22 Amendment; and directly and proximately damaged Plaintiff, and all those similarly situated, as

23 herein alleged, entitling Plaintiff, and all class members, to recover damages for said constitutiona

24 violations pursuant to 42 U.S.C. § 1983.

25

WHEREFORE, Plaintiff prays for relief, for himself and for all persons similarly situated,

26 as hereunder appears.

27

28

DEhFNIS BUTLER, et aL vs. COUNTY OF SANTA CKUZ~ et al.

CLASS ACTION COMPLAINT

USDC, Northern District, Sm Joze Division, Ca.so No.

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:ase 5:07-cv-OO941zJF Document 1-1 Filed 02/14/2007 Page 13 of 16

COUNT TWO (California State Unnth Civil Rights Act, Civil Code 8§ 52 and 52.1,
on behalf of Plaintiffs and all persons similarly situated)

32. Plaintiff re-alleges and hereby incorporates herein the preceding paragraphs of this

Complaint, to the extent relevant, as if fully set forth.

33. Defendants’ policies, practices, and customs regarding the strip and visual body cavity

searches complained of herein violated the rights of Plaintiff, and all those similarly situated, t

7 privacy as secured by Article I, Section I of the California Constitution and directly and proximately

8 damaged Plaintiff, and each of those similarly situated, as herein alleged, entitling said Plaintiff, an

9 each of those she represents, to recover a minimum of $4,000 each pursuant to California Civil Code

10 § 52.1 and § 52, in addition to other damages.

i1

WHEREFORE, Plaintiff prays for relief, for himself and for all persons similarly situated,

12 as hereunder appears.

13

COUNT THREE

(Violation of California Penal Code § 4030,

14

California State Unruh Civil Rights Act, Civil Code §§ 52 and 52.1,

on behalf of Plaintiffs and all persons similarly situated)

15

16

34. Plaintiffre-alleges and hereby incorporates herein the preceding paragraphs of this

17 Complaint, to the extent relevant, as if fully set forth.

18

35. Defendants’ policies, practices, and customs regarding the strip and visual body cavity

19 searches complained of herein violated rights secured to Plaintiff, and all those similarly situated,

20 arrested on misdemeanor or infraction offenses not involving violence, drags or weapons, under

21 California Penal Code § 4030 and directly and proximately damaged Plaintiff, and each of those

22 similarly situated, as herein alleged, entitling Plaintiff, and each of those similarly situated,

23 recover a minimum of $1,000 each pursuant to California Penal Code § 4030(p), and to further

24 minimum damages of $4,000 each pursuant to California Civil Code § 52.1 and § 52, in addition to

25 other damages.

26

WHEREFORE, Plaintiff prays for relief, for himself and for all persons similarly situated

27 as hereunder appears.

28

DENNIS BUTLER. eta] vs. COUNTY OF SANTA CRUZ, et al.

Page 13 CLASS ACTION COI’viPLAINT

USDC, Northern District, San Jose Division, Case No,

"

:ase 5:07-cv-OO941-JF Document 1-1 Filed 02/14/2007 Page 14 of 16

1

COUNT FOUR

(Invasion of Privacy, on behalf Plaintiff and all persons similarly situated)

2

3

36. Plaintiff re-alleges and hereby incorporates herein the preceding paragraphs of this

4 Complaint, to the extent relevant, as if fully set forth.

5

37. By strip searching Plaintiff, and all those similarly situated, in a non-private area that

6 could be viewed by persons not participating in the strip search, Defendants, and each of them,

7 violated the rights of Plaintiff, and each of those similarly situated, to privacy as secured by the

8 California Sate Constitution, Article I, Section 1, and directly and proximately damaged Plaintiff,

9 and each of those he represents, by causing emotional distress, humiliation, and embarrassment.

10

WHEREFORE, Plaintiff prays for relief, for himself and for all persons similarly situated,

tl as hereunder appears.

12

PRAYER FOR RELIEF

13

WHEREFORE, Plaintiff, on behalf of himself and all those similar situated, seeks judgment

14 as follows:

15

1. For declaratory and injunctive relief declaring illegal and enjoining, preliminarily and

16 permanently, Defendants’ policies, practices, and customs of subjecting pre-arraignment detainees

17 to strip and visual body cavity searches without having a reasonable suspicion that such searches i8 would be productive of contraband or weapons, and conducting such searches in a non-private area

19 observable by persons not participating in the search;

20

2. For declaratory and injunctive relief declaring illegal and enjoining, preliminarily and

21 permanently, Defendants’ policies, practices, and customs of subjecting persons returning from

22 Court where theywere ordered released on their own recognizance and/or their cases were dismissed

23 to visual body cavity searches, without Defendants first having a reasonable suspicion that such

24 searches would be productive of contraband or weapons and/or conducting such searches in a non-

25 private area observable by persons not participating in the search;

26

3. Certification as a class action of PlaintifFs Complaints concerning Defendants’

27 policy, practice, and custom of subjecting pre-arrai~naent detainees to strip and/or visual body

28 cavity searches without having a reasonable suspicion that such searches would be productive of

DENNIS BUTLER. et al. ws. COUNTY OF SANTA CRUZ, et

Page 14 CLASS ACTION COMPLAINT

USDC, Northern DisffieL San Jose Division, Case No.

:ase 5:07-cv-009412JIg Document 1-1 Filed 02/14/2007 Page 15 of 16

contraband or weapons;

4. Certification as a class action of Plaintiffs Complaints concerning Defendants’

policy, practice and custom of subjecting persons to visual body cavity searches in groups;

5. Certification as a class action of Plaintiff’s Complaints concerning Defendants’

policy, practice and custom of subjecting persons returning from Court where they have been ordered

6 released on their own recognizance and/or their cases have been dismissed to strip and/or visual body

7 cavity searches without reasonable suspicion to believe that the persons so stripped were concealing

8 contraband or weapons;

9

6. For compensatory, general, and special damages for each representative Plaintiffand

10 for each member of the class of Plaintiffs as against all Defendants;

11

7. Exemplary damages as against each of the individual Defendants in an amount

12 sufficient to deter and to make an example of those Defendants;

13

8. In addition to compensatory and statutory damages as required by law, at least $4,000

14 for each Plaintiff pursuant to California Civil Code § 52.1 and § 52 for each violation thereof;

15

9. In addition to compensatory and statutory damages as allowed by Iaw and pursuant

16 to California Penal Code § 4030, at least $1,000 for each Plaintiff for each violation of California

17 Penal Code § 4030 suffered thereby;

18

10. Attorney’s fees and costs under 42 U.S.C. § 1988, Califomia Civil Code § 52(b)(3),

19 California Civil Code § 52.1 (h), California Code of Civil Procedure § 1021.5; and California Penal

20 Code § 4030(p); and

21

11. The costs of this suit and such other relief as the Court fmds just and proper.

22 DATED: February 12, 2007

Respectfully submitted,

23

LAW OFFICE OF MARK E. MERIN

24

25

26

Attorney for Plaintiff

27

28

DENNIS BUTLER, ctal. v~. COLrNTY OF SANTA CRUZ, et al.

Page 15 CLASS ACTION COMPLAINT

USDC, Northern District, San Jose Division, Case No.

",

:ase 5:07-cv-OO94fl~JF Document 1-1 Filed 02/14/2.007 Page 16 of 16

1

DEMAND FOR JURY TRIAL

2

Jury trial is demanded on behatf of Plaintiff, and all those he seeks to represent.

3 DATED: February 12, 2007

Respectfully submitted,

4

LAW OFFICE OF MARK E. MERIN

5

6

~-t~ark E. Merin

7

Attorney for Plaintiff

8

9

10

11

12 13

14

15 16

17

18

19

20

21

22

23

24

25

26

27

28

DENNIS BI_rI’LER, et al. vs. COUNTY OF SANTA CRUZ, et al.

CLASS ACTION COMPLAINT

USDC, Northe~’a Disldz~, San Jose Division, Case

 
 Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 1 of 7

1 DANA McRAE, State Bar No. 142231
County Counsel, County of Santa Cruz
2 JULIA HILL, State Bar No. 178672
Assistant County Counsel
3 701 Ocean Street, Room 505
Santa Cruz, California 95060
4 Telephone: (831) 454-2040
Fax: (831) 454-2115
5

6

Attorneys for Defendants SANTA CRUZ COUNTY and SANTA CRUZ

7 COUNTY SHERIFF STEVE ROBBINS

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

10 DENNIS BUTLER on behalf of himself and all Case No. C07 0941

11 those similarly situated;

ANSWER TO COMPLAINT BY

12

Plaintiffs,

COUNTY OF SANTA CRUZ AND

v.
13

COUNTY SHERIFF STEVE ROBBINS AND DEMAND FOR JURY TRIAL

14

SANTA CRUZ COUNTY; SANTA CRUZ COUNTY SHERIFF STEVE ROBBINS, in his

15

Individual and Official Capacities; SANTA CRUZ COUNTY SHERIFF’S DEPUTIES

DOES 1 THROUGH 50; and ROES 1
16 THROUGH 20

17

Defendants.

18

19

COMES NOW Defendants SANTA CRUZ COUNTY and COUNTY SHERIFF STEVE

20 ROBBINS who answer the correspondingly labeled and numbered paragraphs of Plaintiffs’

21 Complaint for Damages (“Complaint”), and states their affirmative defenses, as follows:

22

1. Defendants neither admit nor deny this paragraph based on lack of information and

23 belief.

24

2. Defendants neither admit nor deny this paragraph based on lack of information and

25 belief. Specifically, Defendants deny that any class of similarly situated persons exists in this action

26 and deny that Plaintiff can meet the prerequisites enumerated in FRCP 23.

27

3. Defendant ROBBINS admits he is the elected Sheriff of Santa Cruz County; all other

28 allegations are neither admitted nor denied based on lack of information and belief.

Butler v. County of Santa Cruz, et al., Case No. C070941 -1-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 2 of 7

1

4. Defendants neither admit nor deny this paragraph based on lack of information and

2 belief.

3

5. Defendants neither admit nor deny this paragraph based on lack of information and

4 belief.

5

6. Defendants neither admit nor deny this paragraph based on lack of information and

6 belief.

7

7. Defendant COUNTY admits it is a political subdivision of the State of California; all

8 other allegations are neither admitted nor denied based on lack of information and belief.

9

8. Defendants deny the allegations in this paragraph.

10

9. Defendants deny that any class of similarly situated persons exists in this action and

11 deny that Plaintiff can meet the prerequisites enumerated in FRCP 23.

12

10. Defendants neither admit nor deny this paragraph based on lack of information and

13 belief.

14

11. Defendants neither admit nor deny this paragraph based on lack of information and

15 belief.

16

12. Defendants admit that Plaintiffs have filed a governmental tort claim and that

17 Defendants have denied same.

18

13. Defendants deny the allegations in this paragraph.

19

14. Defendants deny the allegations in this paragraph.

20

15. Defendants neither admit nor deny this paragraph based on lack of information and

21 belief.

22

16. Defendants neither admit nor deny this paragraph based on lack of information and

23 belief.

24

17. Defendants neither admit nor deny this paragraph based on lack of information and

25 belief.

26

18. Defendants neither admit nor deny this paragraph based on lack of information and

27 belief.

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -2-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 3 of 7

1

19. Defendants neither admit nor deny this paragraph based on lack of information and

2 belief.

3

20. Defendants neither admit nor deny this paragraph based on lack of information and

4 belief.

5

21. Defendants neither admit nor deny this paragraph based on lack of information and

6 belief.

7

22. Defendants neither admit nor deny this paragraph based on lack of information and

8 belief.

9

23. Defendants neither admit nor deny this paragraph based on lack of information and

10 belief.

11

24. Defendants neither admit nor deny this paragraph based on lack of information and

12 belief.

13

25. Defendants neither admit nor deny this paragraph based on lack of information and

14 belief.

15

26. Defendants neither admit nor deny this paragraph based on lack of information and

16 belief.

17

27. Defendants neither admit nor deny this paragraph based on lack of information and

18 belief.

19

28. Defendants neither admit nor deny this paragraph based on lack of information and

20 belief.

21

29. Defendants neither admit nor deny this paragraph based on lack of information and

22 belief.

23

30. Defendants incorporate by reference all previously and subsequently stated

24 paragraphs as though set forth in full.

25

31. Defendants deny the allegations in this paragraph.

26

32. Defendants incorporate by reference all previously and subsequently stated

27 paragraphs as though set forth in full.

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -3-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 4 of 7

1

33. Defendants deny the allegations in this paragraph.

2

34. Defendants incorporate by reference all previously and subsequently stated

3 paragraphs as though set forth in full.

4

35. Defendants deny the allegations in this paragraph.

5

36. Defendants incorporate by reference all previously and subsequently stated

6 paragraphs as though set forth in full.

7

37. Defendants neither admit nor deny this paragraph based on lack of information and

8 belief.

9

38. As to paragraphs 1 through 11 related to Plaintiffs’ requests for relief, purported

10 damages and requests for same, Defendants deny that Plaintiffs have been injured due to any

11 conduct or failure to act by County of Santa Cruz or any of its agents and employees and deny that

12 Plaintiffs are entitled to any relief.

13

AFFIRMATIVE DEFENSES

14

As a FIRST AFFIRMATIVE DEFENSE, Defendants allege that the Complaint fails to

15 state a claim for relief for violation of the Civil Rights Act, 42 U.S.C. §1983, California Penal Code

16 § 4030, the Bane Civil Rights Act or any other claim asserted by Plaintiffs.

17

As a SECOND AFFIRMATIVE DEFENSE, Defendants, at all times alleged in the

18 Complaint, acted in a good faith belief that their actions were reasonable under the circumstances,

19 did not violate Plaintiffs’ constitutional rights, and therefore, Defendants and/or their agents and

20 employees are entitled to absolute and/or qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800

21 (1982); Mazor v. Shelton, 637 F.Supp. 330 (N.D. Cal. 1986); Babcock v. Tyler, 884 F.2d 497 (9th

22 Cir. 1989); Cal. Government Code §§ 820.2, 821.6.

23

As a THIRD AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs, by their own

24 conduct, induced and negligently and/or intentionally caused and brought about the conduct of

25 which they complain.

26

As a FOURTH AFFIRMATIVE DEFENSE, Defendants allege that the Complaint fails to

27 state a claim for relief for punitive damages.

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -4-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 5 of 7

1

As a FIFTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs assumed the

2 risk of their conduct, and, therefore, are barred from pursuing this Complaint.

3

As a SIXTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs’ claims are

4 barred by all applicable statutes of limitation, including but not limited to, the Government Tort

5 Claims Act and/or Code of Civil Procedure §§ 1094.5, 1094.6.

6

As a SEVENTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs’ Complaint

7 fails to state a cause of action for which relief can be granted.

8

As an EIGHTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs and/or other

9 third parties solely caused Plaintiffs’ damages, if any exist, not these answering Defendants. Civil

10 Code § 1431 et seq. Any potential liability imputed to these Defendants should be reduced

11 comparatively to their percentage of fault.

12

As a NINTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs’ claims are

13 barred by the equitable doctrines of estoppel, laches and unclean hands.

14

As a TENTH AFFIRMATIVE DEFENSE, Defendants allege that at no time did

15 Defendants breach any mandatory legal duty owed to Plaintiffs the proximate cause of which was

16 Plaintiffs’ alleged injury and/or damages.

17

As an ELEVENTH AFFIRMATIVE DEFENSE, Defendants allege that because Plaintiffs

18 have drafted their Complaint in conclusive terms, this Defendant cannot fully anticipate all available

19 affirmative defenses that may be applicable to the within action. Accordingly, this answering

20 Defendant hereby reserves the right to add additional affirmative defenses to the extent such

21 affirmative defenses are applicable to the within action.

22

As a TWELFTH AFFIRMATIVE DEFENSE, Defendants allege that Plaintiffs’ claims

23 should be barred or significantly reduced due to their failure to mitigate their damages, if any exist.

24

As a THIRTEENTH AFFIRMATIVE DEFENSE, Defendants allege that their alleged

25 conduct and/or failure to act is protected by all applicable governmental immunities pursuant to

26 California Government Code §§ 810 et seq.

27

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -5-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 6 of 7

1

As a FOURTEENTH AFFIRMATIVE DEFENSE, Defendants allege that at all times

2 complained of by Plaintiffs, they acted reasonably and without malice, negligence or recklessness as

3 to Plaintiffs.

4

As a FIFTEENTH AFFIRMATIVE DEFENSE, Defendants allege that their acts and those

5 of their agents and employees, and thus the public entity, are protected by Cal. Civil Code § 47 et

6 seq.

7

As a SIXTEENTH AFFIRMATIVE DEFENSE, Defendants allege that none of their

8 agents and/or employees engaged in any interference, or attempts to interfere, by threats,

9 intimidation, violence or coercion with Plaintiffs’ exercise or enjoyment of their constitutional

10 rights.

11

As a SEVENTEENTH AFFIRMATIVE DEFENSE, Defendants allege that the complaint

12 is barred because Plaintiffs have failed to exhaust their administrative remedies.

13

As an EIGHTEENTH AFFIRMATIVE DEFENSE, Defendants allege that the complaint

14 is barred because the issues it is based on, or a necessary portion of them, are not ripe for

15 adjudication.

16

As a NINETEENTH AFFIRMATIVE DEFENSE, Defendants allege that the complaint

17 fails to state a federal civil rights claim under the doctrine announced in Monell v. Dep’t of Soc.

18 Servs., 436 U.S. 658 (1978).

19

As a TWENTIETEENTH AFFIRMATIVE DEFENSE, Defendants allege that to the

20 extent the Sheriff was acting as a state officer while performing state law enforcement duties,

21 Defendants are immune from suit pursuant to the Eleventh Amendment.

22

As a TWENTY-FIRST AFFIRMATIVE DEFENSE, Defendants allege that no class of

23 similarly situated persons exists in this action and allege that Plaintiff cannot meet the prerequisites

24 enumerated in FRCP 23.

25

DEMAND FOR JURY TRIAL

26

Jury trial is demanded on behalf of Defendants.

27 ///

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -6-

ANSWER TO COMPLAINT

Case 5:07-cv-00941-JF Document 4 Filed 03/09/2007 Page 7 of 7

1

WHEREFORE, Defendants request:

2

a. That Plaintiffs take nothing by reason of their complaint;

3

b. That judgment be rendered in favor of Defendants;

4

c. That Defendants be awarded their costs of suit and attorney’s fees;

5

d. For such other relief as the Court deems proper.

6

7 Dated: March 9, 2007

DANA McRAE, COUNTY COUNSEL

8

9

By:

/S/

JULIA HILL

10

Assistant County Counsel

Attorneys for Defendants SANTA CRUZ COUNTY

11

and SANTA CRUZ COUNTY SHERIFF STEVE

ROBBINS
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Butler v. County of Santa Cruz, et al., Case No. C070941 -7-

ANSWER TO COMPLAINT

 
 Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 1 of 42
EXHIBIT 1

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 2 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 3 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 4 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 5 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 6 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 7 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 8 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 9 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 10 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 11 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 12 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 13 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 14 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 15 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 16 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 17 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 18 of 42

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 19 of 42
STIPULATION OF SETTLEMENT EXHIBIT 1

Case 5:07-cv-00941-JF Document 27-3
Page 1 of 15

Filed 07/02/2008 Page 20 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

BP

2241

M

BP

2242.1(A) M

BP

2762(E)

M

BP

2878.5(A) M

BP

4059(A)

M

BP

4060

F

BP

4060

M

BP

4063

M

BP

4149

M

BP

4151

M

BP

4163

M

BP

4211

M

BP

4227(A)

M

BP

4229

M

BP

4230

M

BP

4232

M

BP

4234

F

BP

4323

M

BP

4324(B)

F

BP

4324(B)

M

BP

4326(B)

M

BP

4327

M

BP

4332

M

BP

4336(A)

F

BP

4390(B)

F

BP

4390.5

M

BP

725

M

CA

14 4313

M

FG

10500(B) M

FG

2006

M

FG

2010

M

FG

3004

M

HS

109575

M

HS

109580

M

HS

11104.5

M

HS

11106(J)

F

HS

11106(J)

M

HS

111440

M

HS

11154(A) F

HS

11154(B) F

HS

11155

F

HS

11156

F

HS

11170

M

HS

11171

M

HS

11173(A) F

HS

11173(A) M

HS

11173(D) F

HS

11174

F

HS

11180

M

HS

11350(A) F

HS

11350(B) F

HS

11350(B) M

HS

11351

F

HS

11351.5

F

HS

11352(A) F

HS

11352(B) F

HS

11352.1(B) M

HS

11353(A) F

HS

11353(B) F

HS

11353(C) F

FURNISH DRUGS TO ADDICT PRESC DANG DRUG:INTERNET FALSIFY DRUG RECORD DOCTOR USE CNTL SUB GIV DANG DRUG/ETC:NO PRSC POSS CONTL SUB:W/O PRESCP POS CNTL SUB:W/O PRESCRIP UNAUTH RFIL DANG DRUG/ETC POSS HYPO NEEDLE/SYRINGE MISUSE OF NEEDLE/SYRINGE FURN DANGERUS DRUG/DEVICE DANGEROUS DRUGS GIV DANG DRUG/ETC:NO PRES UNAUTH REFIL DANGER DRUG POSS DANG DRUGS W/O PRESC DANGER DRUGS/ETC REC VIOL DANGEROUS DRUGS VIOL FALSE REP:DR/ETC:OBT DRUG GET DRUG BY FORGED PRESC GET DRUG BY FORGED PRESC MISUSE HYPO NEEDL/SYRINGE SELL/ETC DRUGS:UNDER INFL DANG DRUG/ETC RECORD VIOL DANG DRUG:USE MNR:AGENT SECURE DRUG FORGED PRESC FALSE REP:DR/ETC:GET DRUG PRESCRIBE DRUGS IN EXCESS CA REG:POSS WPN/TRAP/ETC USE/POS PROHIB WPN:REFUGE LOADED RIFLE IN VEH UNLAWFUL SHOTGUN:HUNTING DISCHRG DEAD WPN/HNT BLDG POS/MFG/ETC FAKE CNTL SUB GIVE FAKE CNTL SUB:MINOR POSS ARTICLS:MFG CNTL SUB SEL/ETC CNTL SUB W/O PERM SEL/ETC CNTL SUB W/O PERM MISBRAND DRUG/ETC:SEL/ETC PRESCRIBE CNTL SUB SLICIT/ETC PRESC CNTL SUB ILLEGAL CNTL SUB PRESCRIP GIVE CNTL SUB TO ADDICT CNTL SUB FOR SELF USE PRESCRIBE CNTL SUB VIOL OBTAIN CNTL SUB BY FRAUD OBTAIN CNTL SUB BY FRAUD FALSE LABEL ON CNTL SUB FALSE NAME:GET CNTL SUB POSS CNTL SUB W/O PRESC POSSESS NARCOTIC CNTL SUB POSSESS METHAQUALONE/ETC POSSESS MECLOQUALONE/ETC POS/PUR F/SALE NARC/C/SUB POSS/PUR COKE BASE F/SALE TRANSP/SELL NARC/CNTL SUB TRANS/SELL NARC BTWN CNTY DISP/ETC DANG DRUG/DEVICE SOLICT/ETC MNR:C/SUB/NARC HIRE/ETC MNR SEL/ETC CS/N SEL/ETC CNTL SUB/NARC:MNR

CHARGE

SUMMARY REPORTED

CATEGORY

AS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 2 of 15

Filed 07/02/2008 Page 21 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

HS

11353.5

F

HS

11353.7

F

HS

11354(A) F

HS

11355

F

HS

11355

M

HS

11357(A) F

HS

11357(A) M

HS

11357(B) M

HS

11357(C) M

HS

11357(D) M

HS

11357(E) M

HS

11358

F

HS

11359

F

HS

11360(A) F

HS

11360(B) M

HS

11361(A) F

HS

11361(B) F

HS

11363

F

HS

11364

M

HS

11364.5(A) M

HS

11364.5(B) M

HS

11364.7(A) M

HS

11364.7(B) F

HS

11364.7(C) M

HS

11365(A) M

HS

11366

F

HS

11366

M

HS

11366.5(A) F

HS

11366.5(B) F

HS

11366.6

F

HS

11366.7(B) F

HS

11366.8(A) F

HS

11366.8(B) F

HS

11370.1(A) F

HS

11370.6(A) F

HS

11370.9(A) F

HS

11370.9(B) F

HS

11370.9(C) F

HS

11371.1

F

HS

11375(B) F

HS

11375(B)(2 M

HS

11377(A) F

HS

11377(A) M

HS

11377(B) M

HS

11377(B)(1 M

HS

11378

F

HS

11378.5

F

HS

11379

F

HS

11379(A) F

HS

11379(B) F

HS

11379.2

F

HS

11379.5(A) F

HS

11379.5(B) F

HS

11379.6(A) F

HS

11379.6(B) F

HS

11380(A) F

HS

11382

F

HS

11382

M

HS

11383(A) F

HS

11383(B) F

ADL SUP MNR C/SUB:SCH/ETC GIVE CNTL SUB TO MNR U/14 MINOR GIVE MINOR CNTL SUB SELL/ETC IN LIEU:CNTL SUB SELL/ETC IN LIEU:CNTL SUB POSS CONCENTRATE CANNABIS POS CONCENTRATED CANNABIS POSS MARIJUANA 28.5- GRMS POSS MARIJUANA +28.5 GRMS POSS MARIJUANA SCHL GRNDS MINOR POSS MARIJ SCHL GRD PLANT/ETC MARIJUANA POSS MARIJUANA FOR SALE SELL MARIJUANA GIVE/ETC MARIJ 28.5- GRAM SELL MARIJUANA TO MINOR FURNISH MINOR W/MARIJUANA PLANT/GROW/PROCESS PEYOTE CNTL SUB PARAPHERNALIA SELL/ETC DRUG PARAPH:-18 BUS LET -18 SEE DRUG PARA DELIVER/ETC DRUG PARAPHNL MFG DRUG PARA:INT:DEL/ETC DEL/ETC DRUG PARAPH MINOR VISIT WHERE CNTL SUB USED KEP PLACE:SEL/ETC N/C/SUB KEP PLACE:SEL/ETC N/C/SUB RENT/ETC:SEL/ETC CNTL SUB RENT ROOM:SELL CNTL SUB USE ROOM TO SELL CNTL SUB SELL DRUG/ETC:ILL MFG/ETC USE/ETC CMPRTMNT:CNTL SUB BLD FALS BOX:VEH:CNTL SUB POSS CNTL SUB WHILE ARMED POSS $ FROM SALE CNTL SUB REC/ETC/CNCL/ETC $+:C/SUB CONCL/ETC PROFT/ETC:C/SUB TRNS/ETC/HID/ETC $+:C/SUB OBTAIN CNTL SUB:USE MINOR POSS CNTL SUB FOR SALE POSS CNTL SUB W/O PRESCRP POSS CONTROLLED SUBSTANCE POSSESS CNTL SUB POSS CONTROLLED SUBSTANCE POSS CNTL SUB:N/PRIOR CON POSS CNTL SUB FOR SALE PHENCYCLIDINE/ETC F/SALE TRANSP/ETC CNTL SUB TRANSP/ETC CNTL SUB TRANSP/ETC F/SALE C/SUB POSS F/SALE/SELL CNTL SUB TRANSP/ETC PHENCYCLDN/ETC PHENC/ETC:SEL/ETC BTWN CO MFG/ETC CNTL SUB OFFER TO MFG/ETC CNTL SUB USE/ETC MNR VIO C/SUB ACT SELL/ETC IN LIEU:CNTL SUB SELL/ETC IN LIEU:CNTL SUB POSS SUB:INT:MFG METH/ETC POSS SUB:INT:MFG PCP/ETC

CHARGE

SUMMARY REPORTED

CATEGORY

AS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 3 of 15

Filed 07/02/2008 Page 22 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

HS

11383(C)(1 F

HS

11383(C)(2 F

HS

11383(C)(3 F

HS

11383(C)(4 F

HS

11383(F) F

HS

11383(G) F

HS

11532(A) M

HS

11550(E) F

HS

11594

M

HS

11680

M

HS

11681

M

HS

120291(A) F

HS

12084

M

HS

12101(A)(1 M

HS

12101(A)(2 M

HS

12101(A)(3 M

HS

12101(A)(4 M

HS

12101(A)(5 M

HS

12305

F

PC

11411(A) M

PC

11411(B) F

PC

11411(C) F

PC

11411(C) M

PC

11413(A) F

PC

11418(A) F

PC

11418(A)(1 F

PC

11418(A)(2 F

PC

11418(B)(1 F

PC

11418(B)(2 F

PC

11418(B)(3 F

PC

11418(B)(4 F

PC

11418(C) F

PC

11418(D) F

PC

11418(D) M

PC

11418(D)(1 F

PC

11418(D)(2 F

PC

11418.1

F

PC

11418.1

M

PC

11418.5(A) F

PC

11418.5(A) M

PC

11419(A) F

PC

11419(A) M

PC

11460(A) M

PC

12001.1(A) M

PC

12001.5

F

PC

12020(A) F

PC

12020(A) M

PC

12020(A)(1 F

PC

12020(A)(1 M

PC

12020(A)(2 F

PC

12020(A)(2 M

PC

12020(A)(3 F

PC

12020(A)(3 M

PC

12020(A)(4 F

PC

12020(A)(4 M

PC

12020.1

M

PC

12020.5

M

PC

12021(A) F

PC

12021(A)(1 F

PC

12021(B) F

POS EPH/ETC:MFG METH/ETC POS ACID/ETC:METH/ETC POSS SUB TO MFG CNTL SUB POSS SUB TO MFG CNTL SUB POSS PRECURS:MFG CNTL SUB POSS CHEM INTENT MFG METH LOITR PUBLIC:ILL DRUG ACT USE CNTL SUB:POSS FIREARM CNTL SUB OFFENDER NOT REG MAKE IMITATION CNTL SUB GIVE FAKE CNTL SUB:MINOR WILFUL EXPOSR TO KNWN HIV FIRE GUN NEAR EXPLO PLANT MAKE EXPLOSIVE W/O PERMIT SELL/ETC EXPLO W/O PERMIT HAVE/ETC EXPLO W/O PERMIT TRANSP EXPLO W/O PERMIT USE EXPLOSIVE W/O PERMIT POSS EXPLOSIVE ILLEGALLY TERIZ:PLACE SYM:PRIV PROP TERIZ:PLACE SYM:PROP W/PR TERROR:BURN/ETC CROSS/ETC TEROR:BURN/ETC CROSS/ETC USE EXPL DEV TO TERRORIZE POS/ETC:WPN OF MASS DEST POS/ETC WPN OF MASS DEST POS WPN OF MASS DEST W/PR USE WPN MS DEST:INJRY/ETC USE WPN MS DEST:WATER/ETC USE WPN MS DEST:FOOD/WATR USE WPN MS DEST:ANML/CROP USE WPN MAS DEST:NATL RES CREATE NEW/ETC:WPN MS DST CREATE NEW/ETC:WPN MS DST CREATE NEW/ETC:WPN MS DST NEW WMD:DAMAGE WATER/ETC MAIL/ETC:FLSE WPN MAS DES MAIL FALSE WPN MASS DEST THREAT/ETC W/WPN MAS DEST THREAT/ETC W/WPN MAS DEST POSS REST BIOLOGICAL AGNT POSS REST BIOLOGICAL AGNT ILL ASEMB:PARMIL:WPN PRAC MFG/ETC UNDETECT KNIVES POSS SHORT BAREL GUN/RIFL POS/MFG/SELL DANG WPN/ETC POS/MFG/SELL DANG WPN/ETC MFG/SELL/POS DANG WPN/ETC MFG/SELL/POS DANG WPN/ETC MFG/SELL/ETC:MAGAZINE MFG/SELL/ETC:MAGAZINE CC/EXPLOSIVE SUBSTANCE CC/EXPLOSIVE SUBSTANCE CARRY CON/DIRK OR DAGGER CARRY CON/DIRK OR DAGGER MFG HARD PLASTIC KNUCKLES AD UNLAWFUL WEAPON/ETC FELON/ADDCT/ETC POS F/ARM FELON/ETC POSS FIREARM CONV PERSN POSS/ETC F/ARM

CHARGE

SUMMARY REPORTED

CATEGORY

AS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 4 of 15

Filed 07/02/2008 Page 23 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

12021(C)(1 F

PC

12021(C)(1 M

PC

12021(D) F

PC

12021(E) F

PC

12021(G) F

PC

12021(G)(1 F

PC

12021(G)(1 M

PC

12021(G)(2 M

PC

12021.1(A) F

PC

12021.1(C) F

PC

12021.3

F

PC

12023

X

PC

12023(A) F

PC

12023(A) M

PC

12024

M

PC

12025(A)(1 F

PC

12025(A)(1 M

PC

12025(A)(2 F

PC

12025(A)(2 M

PC

12025(A)(3 F

PC

12025(A)(3 M

PC

12025(B)(1 F

PC

12025(B)(2 F

PC

12025(B)(3 F

PC

12025(B)(4 F

PC

12025(B)(5 F

PC

12025(B)(5 M

PC

12025(B)(6 F

PC

12029

X

PC

12031(A)(1 F

PC

12031(A)(1 M

PC

12031(A)(2 F

PC

12031(A)(2 M

PC

12031.5(A) F

PC

12031.5(B) M

PC

12034(A) M

PC

12034(B) F

PC

12034(C) F

PC

12034(D) F

PC

12035(B)(1 F

PC

12035(B)(2 M

PC

12036(B) M

PC

12036(C) M

PC

12040(A) F

PC

12070(A) M

PC

12072(A)(1 F

PC

12072(A)(2 F

PC

12072(A)(2 M

PC

12072(A)(3 F

PC

12072(A)(3 M

PC

12072(A)(4 F

PC

12072(A)(4 M

PC

12072(A)(5 F

PC

12072(A)(5 M

PC

12072(D) F

PC

12072(D) M

PC

12082

M

PC

12090

F

PC

12091

F

PC

12094

M

CNVIC POS/ETC F/ARM:SP PR CONVC POS/ETC F/ARM:SP PR CONV PERSN POSS/ETC F/ARM CONV PERS POSS F/ARM U/30 PURCHASE F/ARM:RESTRN ORD PROHIB BUY/ETC F/ARM:ORDS PROHIB BUY/ETC F/ARM:ORDR PROHIB OWN/ETC F/ARM:ORDS POS F/ARM VIOL:MURDER/ETC POS/ETC F/ARM:SPEC FELONY OWN/ETC F/ARM:10 YR-76PC COMIT FELONY W/DANG WEAPN CARRY LOAD F/ARM:COMT FEL CARRY LOAD F/ARM:COMT FEL POSS DEADL WPN:COMIT ASLT CCW IN VEH W/PR FEL CONV CCW IN VEHICLE CCW ON PERSON W/PR CONV CCW ON PERSON OCUPANT CCW VEH:SPEC CIRC OCUPANT CCW VEH:SPEC CIRC CCW IN VEH W/PR FEL CONV CARRY CONCEALD STOLEN WPN CCW:CRIM ST GANG:ACTIVE CCW:PROHIB/UNLAWFUL POSS CCW:W/SPECIFIC CONVICTION CCW:WITH SPECIFIC CONV CCW ON PERSON/LOADED NUISANCE WPNS:DESTROY/ETC CARY LOAD F/ARM:PUB:S/CIR CRRY LOAD F/ARM PUB PLACE CARRY LOAD F/ARM:PR FEL CCLF/ARM:NOT REG OWNER CARRY LOAD F/ARM:PUB W/PR CLF/ARM:SPORT/ETC W/PR CARRY/BRING F/ARM TO VEH DRIVR SHOOT FIREARM F/VEH SHOOT AT PERSON FROM VEH ILLEGAL SHOOTING FROM VEH CRMNL STORE F/ARM:1ST DEG CRMNL STORE F/ARM:2ND DEG ALOW CHILD ACCES TO F/ARM F/ARM ON PREM:CHILD ACCES MASKD CRMNL POS F/ARM:PUB SELL/ETC FIREARMS W/O LIC SELL FIREARM TO PROHIBTED GIVE/ETC F/ARM:PROHIB CLS SELL/ETC F/ARM:PROHIB CLS SELL/ETC FIREARM TO MINOR SELL/ETC FIREARM TO MINOR SEL/LOAN/ETC F/ARM:S/CIRC SEL/LOAN/ETC S/CIRC F/ARM SELL/ETC FIREARM:-AGE/ETC SELL/ETC C/F/ARM/ETC:-AGE UNLIC SEL/TRNS/ETC CF/ARM UNLIC SEL/TRAN/ETC CF/ARM DLR VIOL SALE/ETC:FIREARM ALTER FIREARM ID MARK POSS FIREARM W/ALTERED ID BUY FIREARM W/O ID MARK

CHARGE

SUMMARY REPORTED

CATEGORY

AS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 5 of 15

Filed 07/02/2008 Page 24 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

12094(A) M

PC

12100(A) F

PC

12100(A) M

PC

12100(B) F

PC

12100(B) M

PC

12101(A) F

PC

12101(A) M

PC

12101(A)(1 F

PC

12101(A)(1 M

PC

12101(B) F

PC

12101(B) M

PC

12101(B)(1 F

PC

12101(B)(1 M

PC

12125(A) M

PC

12220(A) F

PC

12220(B) F

PC

12280(A)(1 F

PC

12280(B) F

PC

12280(B) M

PC

12303

F

PC

12303

M

PC

12303.1(A) F

PC

12303.1(B) F

PC

12303.1(C) F

PC

12303.2

F

PC

12303.3

F

PC

12303.6

F

PC

12304

F

PC

12304

M

PC

12308

F

PC

12309

F

PC

12310(A) F

PC

12310(B) F

PC

12312

F

PC

12316(A) M

PC

12316(B)(1 F

PC

12316(B)(1 M

PC

12316(C) M

PC

12320

F

PC

12321

F

PC

12355(A) F

PC

12355(B) F

PC

12370(A) F

PC

12403.7

F

PC

12403.7

M

PC

12403.7(A) F

PC

12403.7(A) M

PC

12403.7(D) F

PC

12403.7(D) M

PC

12403.7(E) F

PC

12403.7(E) M

PC

12403.7(G) F

PC

12403.7(G) M

PC

12403.8(A) M

PC

12420

M

PC

12422

F

PC

12450

M

PC

12520

F

PC

12551

M

PC

12552

M

POS/ETC F/ARM W/O ID MARK SELL CONCEAL F/ARM:MNR:PR SELL CONCEAL F/ARM TO MNR TRNSF CNCEAL F/ARM:MNR:PR TRNSF CNCEAL F/ARM TO MNR MNR ILL POSS C/F/ARM:W/PR MNR ILL POSS CONCEL F/ARM MNR ILL POSS CNCEL WPN:PR MNR ILL POSS CONCEAL WPN MINOR POSS LIVE AMMO W/PR MINOR POSS LIVE AMMO MNR ILL POSS LIVE AMMO:PR MNR ILL POSS LIVE AMMO MFG/ETC UNSAFE HANDGUN POSSESS/ETC MACHINEGUN SELL/CONVRT/ETC MACINEGUN MAKE ANY ASSAULT WEAPON ILLEGAL POSS ASSAULT WPN ILLEGAL POSS ASSAULT WPN POSS DESTRUCTIVE DEVICE POSS DESTRUCTIVE DEVICE EXPLO/ETC/DEV ON CARRIER EXPLO/ETC/DEV IN BAGS/ETC EXPLO/ETC/DEV:BAG:CHECKIN POSS EXPLO/ETC/DEV:PUBLIC USE/ETC EXPLO/DEV:INJ/ETC SELL/ETC/TRNSP EXPLO/DEV SELL/ETC AMO + .60 CAL:PR SELL/ETC AMMO CALIBR .60+ USE DEST DEVCE:INT:MURDER USE DESTRCT DEV CAUSE GBI DSTRCT DEVIC CAUSNG DEATH DESTRUCT DEVICE:MAYHM/GBI MAK DSTRCT DEVC W/O PERMT SELL AMMO TO MINOR PROHIBTD OWN/ETC AMMO/ETC PROHIBTD OWN/ETC AMMO/ETC BRING AMMO TO SCH ZONE POSS ARMOR PENETRATE AMMO MFG PENETRATE HNDGUN AMMO ASSEMBLE BOOBYTRAP POSSESS BOOBYTRAP DEVICE VIOL FELON POS BODY ARMOR ILL POSS/ETC TEAR GAS/ETC ILEGL POS/ETCTEAR GAS/ETC IL USE/ETC TEARGAS/TG WPN POS TEAR GAS/WPN W/O PRMT MINOR POS/ETC:TR GAS/WPN MINOR POS/ETC:TR GAS/WPN POS/ETC PROJECTILE TR GAS POS/ETC PROJECTILE TR GAS ILUSE TEARGAS/TEARGAS WPN TEARGAS/TEARGAS WPN:ILUSE MNR:TEARGAS/TG WPN:NO OK SELL/ETC TEAR GAS/ETC WPN ALTER TEAR GAS WPN MARK POSS/ETC TEAR GAS/TG WPN POSSESS SILENCER SELL MINOR BB DEVICE FURNISH MINOR W/WEAPON

CHARGE

SUMMARY REPORTED

CATEGORY

AS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 6 of 15

Filed 07/02/2008 Page 25 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

12552(A) M

PC

12553

M

PC

12582

M

PC

12590(A)(1 M

PC

12590(A)(2 M

PC

12590(A)(3 M

PC

12651(A) M

PC

12651(B) M

PC

12651(C) M

PC

12651(D) M

PC

12652

M

PC

136.1(B)(1 M

PC

136.1(B)(2 F

PC

136.1(B)(2 M

PC

136.1(B)(3 F

PC

136.1(B)(3 M

PC

136.1(C)(1 F

PC

136.1(C)(2 F

PC

136.1(C)(3 F

PC

136.1(C)(4 F

PC

136.5

F

PC

139(A)

F

PC

140

F

PC

140(A)

F

PC

140(A)

M

PC

147

M

PC

148(B)

F

PC

148(B)

M

PC

148(C)

F

PC

148(D)

F

PC

148(D)

M

PC

148(D)(1) F

PC

148.1(A)

F

PC

148.1(A)

M

PC

148.1(B)

F

PC

148.1(C)

F

PC

148.1(D)

F

PC

148.10(A) F

PC

148.2.1

M

PC

148.2.2

M

PC

148.2.3

M

PC

148.2.4

M

PC

148.3(A)

M

PC

148.3(B)

F

PC

148.4(A)(1 M

PC

148.4(A)(2 M

PC

148.4(B)(1 F

PC

148.4(B)(2 F

PC

149

F

PC

151(A)(1) M

PC

151(A)(2) F

PC

166(C)(4) F

PC

166(D)(1) F

PC

166(D)(1) M

PC

171.5(C)(1 M

PC

171.5(C)(2 M

PC

171.5(C)(3 M

PC

171.5(C)(4 M

PC

171.5(C)(5 M

PC

171.5(C)(6 M

FURNISH MINOR W/BB DEVICE ALTER/ETC IMITATION F/ARM MFG/SELL/POSS BLOWGUN PROHIBITED ACTS: FIREARM PROHIBITED ACTS: FIREARM CARRY DEAD WPN:PICKET/ETC FELON POSSESS STUN GUN ADDICT BUY/ETC STUN GUN ILL SELL/ETC STUN GUN:MNR MINOR -16 POSS STUN GUN REMOVE MFG SER #:STUN GUN INTIM WIT/VICT FR/RPRT ATT STOP VIC/ETC:PROSCUTE INTIM WIT/VICT FROM PROS ATT STOP VIC/ETC:SEK ARST INTIM WIT/VICT FR SEK ARR INTIMIDATE WIT/VICT INTIMIDATE WIT/VICT INTIM WIT/VICT:PR CONV INTIMIDATE WIT/VICT C/D/WPN:INT:INTIM WIT/VIC FELN THRT FRC/ETC:WIT/ETC THRTN FRC/ETC ON WIT/ETC THRET FORCE/ETC:WIT/VICT THREAT FORCE/ETC WIT/VICT INHUMANITY TO PRISONERS TAKE NON-FIREARM FROM PO TAKE PO/ETC WPN:NON-F/ARM TAKE F/ARM FROM PO:SC ATT RMV/ETC F/ARM:PO/ETC ATT REM/ETC PO/ETC F/ARM ATT RMV 'PO' F/ARM:S/CIRC FALSE BOMB/ETC REP:PO/ETC FALSE BOMB/ETC RPT:PO/ETC FALSE BOMB RPRT TO PO FALSE BOMB REPORT GIVE/PLACE/ETC FALSE BOMB RESIST PO:CAUSE DEATH/SBI INTRFER/ETC:FIREMAN/RESCR DISOBEY ORDR OF F/MAN/ETC DLAY/PRVNT FIRE EXTNGUISH PREVENT FIRE ASSISTANCE FALSE REPORT EMERGENCY FALSE RPT EMERG:GBI/DEATH TAMPER/ETC W/FIREALRM/ETC SEND/ETC FALSE FIRE ALARM FALSE FIRE ALARM:GBI FALSE FIRE ALARM:DEATH ASSAULT BY PUBLIC OFFICER ADVOCATE INJ PO W/O INJ ADVOCAT KILL/INJ PO W/INJ VIO PROT ORD:DOMSTIC W/PR VIO PROT ORD:W/FIREARM VIO PROT ORD:W/FIREARM POS IN AIRPORT:FIREARM POSSESS IN AIRPORT:KNIFE POS IN AIRPORT:BOX CUTTER POS IN AIRPRT:HND GRENADE POS AIRPRT:RPLCA GRENADE POS AIRPRT:PLSTIC GRENADE

CHARGE

SUMMARY REPORTED

CATEGORY

AS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 7 of 15

Filed 07/02/2008 Page 26 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

171.5(C)(7 M

PC

171.5(C)(8 M

PC

171.5(C)(9 M

PC

171B(A)

F

PC

171B(A)(1) F

PC

171B(A)(2) F

PC

171B(A)(3) F

PC

171B(A)(4) F

PC

171B(A)(4) M

PC

171B(A)(5) F

PC

171B(A)(5) M

PC

171C

F

PC

171D.1

F

PC

171D.2

F

PC

186.22(A) F

PC

186.22(A) M

PC

186.22(B)( F

PC

186.22(D) F

PC

186.22(D) M

PC

186.26(A) F

PC

186.26(C) F

PC

186.26(C) M

PC

186.28(A) F

PC

186.28(A) M

PC

186.33(A) M

PC

187(A)

F

PC

191.5(A)

F

PC

191.5(B)

F

PC

192(A)

F

PC

192(B)

F

PC

192(C)(1) F

PC

192(C)(2) M

PC

192(C)(4) F

PC

192.5(A)

F

PC

192.5(B)

M

PC

192.5(C)

F

PC

203

F

PC

205

F

PC

206

F

PC

207(A)

F

PC

207(B)

F

PC

207(C)

F

PC

207(D)

F

PC

208(B)

F

PC

208(D)

F

PC

209(A)

F

PC

209(B)

F

PC

209(B)(1) F

PC

209.5(A)

F

PC

209.5(B)

F

PC

210

F

PC

210.5

F

PC

211

F

PC

212

F

PC

212.5

F

PC

212.5(A)

F

PC

212.5(B)

F

PC

212.5(C)

F

PC

213(A)(1)( F

PC

213(A)(2) F

POS AIRPRT:REPLICA F/ARM POS AIRPRT:FRAME OF F/ARM POS AIRPRT:TEAR GAS WPN POSS/ETC F/ARM:COURT/ETC POS/ETC F/ARM:PUB BLD/ETC POS/ETC D/WPN:PUB BLD/ETC POS/ETC KNIFE:PUB BLD/ETC POSS/ETC TEARGAS:PUB BLDG POSS/ETC TEARGAS:PUB BLDG POS/ETC TASER/STUNGUN:BLD POS/ETC TAZER/STUNGUN:BLD LOAD F/ARM:STATE CAP/ETC LOADED GUN ST OFF RESIDNC LOADED GUN ST OFF RES GRD PARTICIPATE:CRIM ST GANG PARTICIPATE:CRIME ST GANG PROMOTE/ETC CRIM ST GANG CRIM ST GANG:PUB OFF CONV CRIM ST GANG:PUB OFF CONV VIOL:GET MIN:CRIM ST GANG PHY VIO COERC/ETC ST GANG MNR COERC/ETC MNR:ST GANG SEL/ETC F/ARM:GANG ACTIVE SELL/ETC F/ARM:GANG ACTIV VIOL REG REQ:CRIM ST GANG MURDER GR VEH MANSL WHILE INTOX GROS VEH MNSL W/VES:INTOX VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER VEH MANSL W/GROSS NEG VEH MANSL W/O GROSS NEG VEH MNSL:CAUSE:ACC:GAIN VEH MNSL W/VESSL W/GR NEG VEH MNSL W/VES W/O GR NEG V/MNSL:VES:ALC/DRG:NO NEG MAYHEM AGGRAVATED MAYHEM TORTURE KIDNAPPING KIDNAP -14 TO COM L&L KIDNAP:FORC/ETC:TAKE O/ST KIDNAP:FORC/ETC:INTO CA KIDNAP CHILD UNDER 14 YRS KIDNAP:INT COMIT RAPE/ETC KIDNAPPING FOR RANSOM KIDNAP TO COMMIT ROBBERY KIDNAP:COMIT ROB/RAPE/ETC KIDNAP DURING CARJACKING KIDNAP/CARJACK:VICT MOVED POSE AS KIDNAPPER:EXTORT USE PERSON AS SHIELD ROBBERY:SECOND DEGREE FEAR AS ELEMENT ROBBERY ROBBERY ROB:1ST DEG:CAB/ETC/DWELL ROBBERY:SECOND DEGREE ROBBERY:SECOND DEGREE ROB 1:INHAB DWELL:CONCERT ROBBERY:SECOND DEGREE

CHARGE

SUMMARY REPORTED

CATEGORY

AS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

GA

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 8 of 15

Filed 07/02/2008 Page 27 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

213(B)

F

PC

214

F

PC

215(A)

F

PC

217.1(A)

F

PC

217.1(B)

F

PC

218

F

PC

219

F

PC

219.1

F

PC

219.2

F

PC

219.2

M

PC

219.3

M

PC

220

F

PC

222

F

PC

225

F

PC

226

F

PC

227

F

PC

231

F

PC

236

F

PC

236

M

PC

237

F

PC

237

M

PC

237(A)

F

PC

237(A)

M

PC

237(B)

F

PC

240

M

PC

240/242

M

PC

241(A)

M

PC

241(B)

M

PC

241.1

F

PC

241.1

M

PC

241.2(A)

M

PC

241.3

M

PC

241.3(A)

M

PC

241.4

F

PC

241.4

M

PC

241.6

M

PC

241.7

F

PC

241/243

M

PC

242

F

PC

242

M

PC

243

F

PC

243(A)

M

PC

243(B)

M

PC

243(C)

F

PC

243(C)(1) F

PC

243(C)(1) M

PC

243(C)(2) F

PC

243(C)(2) M

PC

243(D)

F

PC

243(D)

M

PC

243(E)

M

PC

243(E)(1) M

PC

243.1

F

PC

243.2(A)

M

PC

243.2(A)(1 M

PC

243.25

M

PC

243.3

F

PC

243.3

M

PC

243.35(A) M

PC

243.4(A)

F

ATTEMPTED ROBBERY TRAIN ROBBERY CARJACKING ASSAULT PUBLIC OFFICIAL ATT MURDER PUB OFCL ATTEMPT TRAIN WRECKING TRAIN WRECKING THROW OBJ:COM CARRIER VEH THROW OBJECT AT TRAIN THROW/ETC OBJECT AT TRAIN THROW OBJ FROM TOLL BRIDG ASSAULT TO COMMIT MAYHEM GIVE DRUGS AID IN FELONY DUELING DUEL WHEN DEATH ENSUES DUELS LEAVE STATE TO DUEL IMPRISON:ELD/ETC:VIOL/ETC FALSE IMPRISONMENT FALSE IMPRISON W/VIOLENCE FALSE IMPRISONMENT FALSE IMPRISON:VIOL/ETC FALSE IMPRISONMENT IMPRISON:ELD/ETC:VIO/ETC ASSAULT ON PERSON ASSAULT & BATTERY ASSAULT ON PERSON ASLT PO/EMERG PRSNL/ETC ASLT ON CUSTODIAL OFFICER ASLT ON CUSTODIAL OFFICER ASLT PRSN SCH/PARK PROP ASLT TRANSP PERSNL/PASNGR ASLT PRSN:PUB TRANSP/ETC ASLT SCHOOL DISTRICT PO ASLT SCHOOL DISTRICT PO ASLT ON SCHOOL EMPLOYEE ASSAULT ON JURORS ASLT/BATT PEACE OFR/ETC BAT AGAINST PEACE OFFICER BATTERY BATTERY BATTERY ON PERSON BATT PO/EMERG PRSNL/ETC BATT PO/ETC W/INJURY BAT EMERGENCY PERSON/ETC BATT EMERGENCY PERSON/ETC BATTERY AGAINST PO BATTERY AGAINST PO BATT W/SERIOUS BODILY INJ BATERY:SERIOUS BODILY INJ BATTERY:SPOUSE/ETC BAT:SPOUSE/EX SP/DATE/ETC BATT ON CUSTODIAL OFFICER BAT ON PRSN:SCH/PARK/ETC BATT ON PRSN:SCH/HOSP/ETC BATT:ELDER/DEP ADULT BAT W/INJ:TRNS WRKR/PSNGR BAT:TRNSPORT PRSNL/PASNGR BATT PRSN:PUB TRANSP/ETC SEXUAL BATTERY

CHARGE

SUMMARY REPORTED

CATEGORY

AS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 9 of 15

Filed 07/02/2008 Page 28 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

243.4(A)

M

PC

243.4(B)

F

PC

243.4(C)

F

PC

243.4(C)

M

PC

243.4(D)

F

PC

243.4(D)

M

PC

243.4(D)(1 M

PC

243.4(E)(1 M

PC

243.4(J)

F

PC

243.6

F

PC

243.6

M

PC

243.7

F

PC

243.8(A)

M

PC

243.9(A)

F

PC

243.9(A)

M

PC

244

F

PC

244.5(B)

F

PC

244.5(C)

F

PC

245(A)(1) F

PC

245(A)(1) M

PC

245(A)(2) F

PC

245(A)(2) M

PC

245(A)(3) F

PC

245(B)

F

PC

245(C)

F

PC

245(D)(1) F

PC

245(D)(2) F

PC

245(D)(3) F

PC

245.2

F

PC

245.3

F

PC

245.5(A)

F

PC

245.5(B)

F

PC

245.5(C)

F

PC

246

F

PC

246

M

PC

246.3

F

PC

246.3

M

PC

247(A)

F

PC

247(B)

F

PC

247.5

F

PC

247.5

M

PC

248

M

PC

261(A)(1) F

PC

261(A)(2) F

PC

261(A)(3) F

PC

261(A)(4) F

PC

261(A)(4)( F

PC

261(A)(5) F

PC

261(A)(6) F

PC

261(A)(7) F

PC

261.5

F

PC

261.5(A)

F

PC

261.5(B)

M

PC

261.5(C)

F

PC

261.5(C)

M

PC

261.5(D)

F

PC

261.5(D)

M

PC

262(A)(1) F

PC

262(A)(2) F

PC

262(A)(3) F

SEXUAL BATERY SEX BAT:MEDICLY INST PRSN SEXUAL BATT:RESTRND PERSN SEXUAL BATT:UNCONS PERSON SEXUAL BATT:SEX AROUSAL SEXUAL BATT:SEX AROUSAL SEXUAL BATT:SEX AROUSAL SEXUAL BATT:SEX AROUSAL SEXUAL BATT:W/PR FEL CONV BATT ON SCHOOL EMP W/INJ BATT ON SCHOOL EMPLOYEE BATTERY AGAINST JUROR/ETC BATT AGAINST SPORTS OFCL BATT/GASSING PO/ETC EMP BATT/GASSING PO/ETC EMP ASLT W/CAUSTIC CHEM/ETC ASSAULT W/STUN GUN/TASER ASLT PO W/STUN GUN/TASER FORCE/ADW NOT FIREARM:GBI FORCE/ADW-NOT FIREARM:GBI ASLT W/FIREARM ON PERSON ASLT W/FIREARM ON PERSON ASLT W/MACHINEGUN ON PRSN ASLT W/SEMIAUTO RIFLE ADW NOT F/ARM:PO/FIRE:GBI ASLT PO W/FIREARM ASLT PO W/SEMIAUTO RIFLE ASLT PO W/MACHINEGUN/ETC ADW TRANSP PRSNL/ETC ADW ON CUSTODIAL OFF:GBI ADW/GBI SCHL EMP:NO F/ARM ASLT SCHOOL EMP W/FIREARM ASLT SCH EMP W/STUN GUN SHOOT:INHAB DWELL/VEH/ETC SHOOT:INHAB DWELL/VEH/ETC ILL FIREARM DISCH W/NEGL SHOOT FIREARM NEGLIGENTLY SHOOT AT UNOCC AIRCRAFT SHOOT UNOC DWELL/VEH/ETC DSCHRG LASER:OCC AIRCRAFT DISCH LASER:OCC AIRCRAFT IMPAIR AIRCRAFT:LIGHT/ETC RAPE:VICT INCPBL OF CNSNT RAPE BY FORCE/FEAR/ETC RAPE OF DRUGGED VICTIM RAPE:VICT UNCONSC OF ACT RAPE:VICT UNCONSCIOUS RAPE:VICT THINKS SPOUSE RAPE:THREAT RETALIATION RAPE:THREAT:AUTH:ARST/ETC SEXUAL INTERCOURSE W/MNR SEX INTERCOURSE W/MNR -18 SEX W/MINOR:+ OR - 3 YRS SEX W/MINOR:3+ YRS YOUNGR SEX W/MINOR:SPEC CIRC SEX W/MNR:PERP 21+ VIC-16 SEX W/MINOR -16:PERP 21+ RAPE SPOUSE BY FORCE/ETC RAPE SPOUSE UND C/SUB/ETC RAPE:SPOUSE UNCON OF ACT

CHARGE

SUMMARY REPORTED

CATEGORY

AS

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

DV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 10 of 15

Filed 07/02/2008 Page 29 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

262(A)(4) F

PC

262(A)(5) F

PC

264.1

F

PC

265

F

PC

266

F

PC

266A

F

PC

266B

F

PC

266C

F

PC

266G

F

PC

267

F

PC

269

F

PC

269(A)

F

PC

269(A)(1) F

PC

269(A)(2) F

PC

269(A)(3) F

PC

269(A)(4) F

PC

269(A)(5) F

PC

273.5

F

PC

273.5(A)

F

PC

273.5(A)

M

PC

273.5(E)

F

PC

273.5(E)

M

PC

273.6(B)

M

PC

273.6(C)

F

PC

273.6(D)

F

PC

273.6(D)

M

PC

273A

M

PC

273A(1)

F

PC

273A(2)

M

PC

273A(A)

F

PC

273A(A)

M

PC

273A(A)(1) F

PC

273A(B)

M

PC

273AB

F

PC

273D

F

PC

273D(A)

F

PC

273D(A)

M

PC

2772

F

PC

278

F

PC

2790

F

PC

286(B)(1) F

PC

286(B)(2) F

PC

286(C)

F

PC

286(C)(1) F

PC

286(C)(2) F

PC

286(C)(3) F

PC

286(D)

F

PC

286(E)

F

PC

286(F)

F

PC

286(G)

F

PC

286(H)

F

PC

286(I)

F

PC

286(J)

F

PC

286(K)

F

PC

286.5

M

PC

288(A)

F

PC

288(B)

F

PC

288(B)(1) F

PC

288(B)(2) F

PC

288(C)

F

RAPE SPOUS:THRET RETALIAT RAPE SPOUS:THRET:ARST/ETC RAPE/ETC:CNCRT FORCE/VIOL ABDUCT WOMEN FOR MARRIAGE ENTICE MIN FEM: PROSTITU TAKE PRSN TO PROSTITUTE TAKE PRSN FOR ILLICIT REL NDUCE SEX/ACT:FLS REP/ETC PLACE WIFE IN BROTHEL ABDUCT MNR TO PROSTITUTE AGG SEXUAL ASLT OF CHILD AGG SEX ASSLT:CHILD -14 AGG SEX ASLT:MNR:FRCE/ETC AGG SEX ASLT:MNR:264.1PC AGG SEX ASLT:MNR:SDMY/ETC AGG SEX ASLT:MNR:ORAL/ETC AGG SEX ASLT:MNR:FRGN OBJ INFLICT CRPL INJ SP/COHAB INF CORP INJ:SPOUSE/COHAB CORP INJ ON SPOUSE/COHAB INF CRPL INJ:SPS/ETC W/PR INF CRPL INJ:SPS/ETC W/PR VIO DOM VIO CRT ORD:P/INJ VIO CRT ORD DOM VIO W/PR DOMESTIC VIOLENCE W/PR DOMESTIC VIOLENCE W/PRIOR WILLFUL CRUELTY TO CHILD CHILD CRUELTY:POS INJ/DTH WILLFUL CRUELTY TO CHILD CHILD CRUELTY:POS INJ/DTH CRUEL TO CHLD:POS INJ/DTH CHILD CRUELTY:POS INJ/DTH WILLFUL CRUELTY TO CHILD ASAULT CHILD -8:GBI:DEATH INFLICT INJURY ON CHILD INFLICT INJ/ETC ON CHILD INFLICT INJ/ETC ON CHILD INTRF/FRNSH DRUG/ETC:PRIS CHILD STEALING INTRFR/FRNSH DRUG/ETC:CON SODOMY:PERSON UNDER 18 SODOMY:PERSON UNDER 16 SODOMY:UNDER 14 OR W/FORC SODOMY:PERSON UNDER 14 SODOMY:USE FORCE/INJURY SODOMY BY THREAT SODOMY IN CONCERT W/FORCE SDMY:WHILE IN PRISON/JAIL SODOMY:VICT UNCONS OF ACT SDMY:VICT INCAPBL:CONSENT SDMY:VIC/DEF IN MNTL INST SODOMY:NO OK:VICT DRUGGED SOD:VIC THINKS ITS SPOUSE SOD:AUTH THRET AREST/DPRT SEXUAL ASSAULT ON ANIMAL L&L W/CHILD UNDER 14 L&L W/CHILD U/14 W/FORCE L&L W/CHILD -14:FORCE/ETC CTAKR L&L DEP ADL:FRC/ETC L&L W/CHILD 14 OR 15

CHARGE

SUMMARY REPORTED

CATEGORY

AS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

DV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

DV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 11 of 15

Filed 07/02/2008 Page 30 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

288(C)(1) F

PC

288(C)(1) M

PC

288(C)(2) F

PC

288(C)(2) M

PC

288.2(A)

F

PC

288.2(A)

M

PC

288.2(B)

F

PC

288.2(B)

M

PC

288.5(A)

F

PC

288A(A)

F

PC

288A(B)(1) F

PC

288A(B)(1) M

PC

288A(B)(2) F

PC

288A(C)

F

PC

288A(C)(1) F

PC

288A(C)(2) F

PC

288A(C)(3) F

PC

288A(D)

F

PC

288A(D)(1) F

PC

288A(D)(2) F

PC

288A(D)(3) F

PC

288A(E)

F

PC

288A(E)

M

PC

288A(F)

F

PC

288A(F)(1) F

PC

288A(F)(2) F

PC

288A(F)(3) F

PC

288A(F)(4) F

PC

288A(G)

F

PC

288A(H)

F

PC

288A(I)

F

PC

288A(J)

F

PC

288A(K)

F

PC

289(A)

F

PC

289(A)(1) F

PC

289(A)(2) F

PC

289(B)

F

PC

289(C)

F

PC

289(D)

F

PC

289(D)(1) F

PC

289(D)(2) F

PC

289(D)(3) F

PC

289(D)(4) F

PC

289(E)

F

PC

289(F)

F

PC

289(G)

F

PC

289(H)

F

PC

289(I)

F

PC

289(J)

F

PC

289.5

F

PC

289.6(A)

F

PC

289.6(A)

M

PC

289.6(A)(2 F

PC

3056

F

PC

310.5(A)

M

PC

368(B)

M

PC

368(B)(1) F

PC

368(B)(1) M

PC

368(C)

M

PC

368(F)

F

L&L ACTS W/CHILD:AGE SPEC L&L ACTS W/CHILD:AGE SPEC L&L W/DEP ADLT BY CARETKR L&L W/DEP ADLT BY CARETKR HARMF MATR SENT:SDUCE MNR SEND/ETC HRMFL:MNR:SEDUCE HARMFL MAT:EMAIL/ETC:MNR HARMF MAT:EMAIL/ETC:MNR CONT SEX ABUSE OF CHILD ORAL COPULATION ORAL COP:PERSON UNDER 18 ORAL COP:PERSON UNDER 18 ORAL COP:PERSON UNDER 16 ORL COP:-14/ETC O/FRC/ETC ORAL COP:PERSON -14YR/ETC ORAL COP:USE FORCE/INJURY ORAL COP:THREAT RETALIATE ORAL COP:CONCERT:FORC/ETC ORAL COP IN CONCRT W/FORC ORAL COP:CNCRT:THREAT:RET ORL COP:CNCRT:VIC INCAPBL ORAL COP:IN PRISON ORAL COP:IN PRISON/JAIL ORAL COP:VIC UNCON OF ACT ORAL COP:VIC UNCON/ASLEEP ORAL COP:VIC UNAWARE ORAL COP:PERP FRAUD ORAL COP:FRAUD PROF PURP ORAL COP:VICT INCAP CNSNT ORL COP:VIC/DEF IN ST HOS ORAL COP:VICTIM INTOX/ETC ORL COP:VIC THINKS SPOUSE ORAL COP:THRT:ARST/DEPORT SEX PENTR:FORN OBJ W/FORC SEX PENETRATION:FORCE/ETC SEX PEN:THRET RETALIATION SEX/P FRGN OBJ/ETC:INCAPB F/OBJ/ETC:VIC/DEF:MENTAL PEN:F/OBJ/ETC:VIC UNAWARE PEN:F/OBJ/ETC:VIC UNCONS SEX/P:VIC UNAWARE ACT OCC SEX PEN:PERP FRAUD SEX PEN:FRAUD MISREP PEN:F/OBJ/ETC:VIC DRG/ETC PEN:F/OBJ/ETC:BELEV SPOUS SEX F/OBJ/ETC:AREST THRET SEX:FRGN OBJ/ETC:VIC -18 SEX PEN F/OBJ/ETC:VIC -16 SEX PEN:F/OBJ/ETC:VIC -14 PENTRATN:PENIS/FRGN OBJ SEX:EMP/ETC CONF CONS ADL EMP:HAV SEX:CONF CONS ADL SEX:EMP/ETC CNF/DTENT FAC VIOLATION OF PAROLE:FEL GARD/PERP CNTRACT SEX:MNR CRUELTY ELDER/DEP ADULT HARM/DEATH:ELDER/DEP ADLT ELDER/DEP ADLT:HARM/DEATH ELDER/DEP ADULT CRUELTY FLSE IMPRISON:ELD/ETC:VIO

CHARGE

SUMMARY REPORTED

CATEGORY

AS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

OV

(see note 1)

SX

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 12 of 15

Filed 07/02/2008 Page 31 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

375(D)

F

PC

377

M

PC

380(A)

M

PC

381(A)

M

PC

381(B)

M

PC

381B

M

PC

382

M

PC

401

F

PC

404(A)

M

PC

404(B)

M

PC

404.6(A)

M

PC

405

M

PC

405A

F

PC

405B

F

PC

406

M

PC

4131.5

F

PC

415(1)

I

PC

415(1)

M

PC

415.5(A)(1 M

PC

417(A)(1) M

PC

417(A)(2) M

PC

417(B)

F

PC

417(B)

M

PC

417(C)

F

PC

417(C)

M

PC

417.1

F

PC

417.2

M

PC

417.2(A)

M

PC

417.25(A) M

PC

417.26(A) M

PC

417.27(A) I

PC

417.27(B) I

PC

417.27(C) I

PC

417.27(D) I

PC

417.3

F

PC

417.4

M

PC

417.6(A)

F

PC

417.8

F

PC

418

M

PC

422

F

PC

422

M

PC

422.6(A)

M

PC

422.6(B)

M

PC

422.7(A)

F

PC

422.7(B)

F

PC

423.2(A)

M

PC

423.2(B)

M

PC

4500

F

PC

4501

F

PC

4501.1(A) F

PC

4501.5

F

PC

4502

F

PC

4502(A)

F

PC

4502(B)

F

PC

4503

F

PC

451

F

PC

451(A)

F

PC

451(B)

F

PC

451(C)

F

PC

451(D)

F

USE OF TEAR/MUSTARD GAS IMPERSONATE TO GET DRUGS SELL TOLUENE PRSN UND 18 POSSESS/ETC TOLUENE/ETC POSS SIMILAR TOLUENE SUB POSSESS NITROUS OXIDE ADULTERATE FOOD/DRUGS/ETC AIDING SUICIDE RIOTING RIOT IN JAIL/PRISON/ETC CAUSE RIOT:DESTROY PROP RIOTS LYNCHING LYNCHING ROUTING BATTERY NONINMATE BY INMT FIGHT/ETC IN PUBLIC PLACE FIGHT IN PUBLIC PLACE FIGHT/ETC AT SCH/UNIV/ETC EXHIBIT DEADWPN:NOT F/ARM EXHIBIT FIREARM EXH LOADED F/ARM:DAY CARE EXH LOADED F/ARM:DAY CARE EXHIBIT FIREARM PRES PO EXHIB/ETC F/ARM:PO PRESNT EXHIBIT FIREARM PRES PO DRAW/EXH FIREARM REPLICA MFG/ETC F/ARM REPLICA:COM THREAT W/LASER SCOPE:FEAR AIM/ETC LASER POINTERS:PO SELL LASER POINTER TO JUV STDNT POSS LASR PNTR AIM LSR PNTR:INT TO HAR AIM LSR PNTR:GUIDE DOG/ET EXH F/ARM PRES VEH OCCUPT BRANDISHING F/ARM REPLICA EXH F/ARM/DLY WPN W/SBI EXH F/ARM/ETC:RSIST AREST FORCIBLE ENTRY THRTN CRIME:INT:TERRORIZE THREAT CRIME:INT:TERORIZE VIO CIVIL RGHTS:FRCE/THRT DAMAGE PROP:VIO CIVL RGHT CIV RGT VIOL:VIOLENT INJ VIOL CIV RGTS:PROP DAMAGE VIOLENCE/ETC:REP HLTH SVS FORCE ON PRSN:PLCE WRSHIP ASSAULT BY LIFE PRISONER ADW BY PRISONER AGG BAT:GASSING BY PRISNR BATTERY BY PRISONER PRISONER POSSESS WEAPON PRISONER POSSESS WEAPON PRISONER MFG WEAPON/ETC CONFINED PRSN HOLD HOSTGE MAL SET/ETC FIRE PROP/ETC ARSON CAUSING GBI ARSON:INHABITED STRUCTURE ARSON:FOREST LAND ARSON:PROPERTY

CHARGE

SUMMARY REPORTED

CATEGORY

AS

OV

VIOLENCE

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 13 of 15

Filed 07/02/2008 Page 32 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

451(E)

F

PC

451(E)

M

PC

451.5

F

PC

451.5(A)

F

PC

451.5(A)(1 F

PC

451.5(A)(2 F

PC

451.5(A)(3 F

PC

451.5(B)

F

PC

451.5(C)

F

PC

452(A)

F

PC

452(B)

F

PC

452(B)

M

PC

452(C)

F

PC

452(C)

M

PC

452(D)

M

PC

453(A)

F

PC

453(A)

M

PC

453(B)

F

PC

4530(A)

F

PC

4532(A)(2) F

PC

4532(B)(2) F

PC

4533

F

PC

4534

F

PC

4535

F

PC

454(A)(1) F

PC

454(A)(2) F

PC

455

F

PC

4550.1

F

PC

4550.2

F

PC

4573

F

PC

4573.5

F

PC

4573.6

F

PC

4573.8

F

PC

4573.9

F

PC

4574(A)

F

PC

4574(B)

F

PC

4574(C)

M

PC

459

F

PC

459

M

PC

461.1

F

PC

461.2

F

PC

464

F

PC

467

M

PC

468

M

PC

519.1

F

PC

519.2

F

PC

519.4

F

PC

587.1

F

PC

587.1(B)

F

PC

587.2

F

PC

588

M

PC

588A

F

PC

588A

M

PC

600.5(A)

M

PC

601(A)

F

PC

601(A)

M

PC

601(A)(1) F

PC

601(A)(2) F

PC

602(K)(4) M

PC

602(L)(4) M

ARSON:WHILE CONFINED ARSON:WHILE CONFINED AGGRAVATED ARSON AGGRAVATED ARSON AGGRAVATED ARSON W/PRIOR AGG ARSON:+$5,000,000 PD AGG ARSON:5+ INHAB STRUCT AGGRAVATED ARSON:PUNISH AGG ARSON:PAROLE ELIGIBTY ARSON:CAUSE GBI CAUSE FIRE OF INHAB STRUC CAUSE FIRE OF INHAB STRUC CAUSE FIRE OF STRUC/FORES CAUSE FIRE:STRUCTR/FOREST CAUSING FIRE OF PROPERTY POS/ETC ARSON MATERIL/DEV ARSON:POS/ETC MAT/DEVICE POSSESS FIREBOMB PRISONER ESCAPE W/FORCE ESC:CHG/ETC:MISD:FRC/VIOL ESC:CHG/ETC:FEL:FORCE/VI0 GUARD AID ESCAPE ANY PERSON AID ESCAPE FURNISH ESCAPE EQUIPMENT ARSON:STATE OF INSURRECTN ARSON:STATE EMERGENCY AID IN ARSON AID RESCUE OF PRISONER AID RESCUE OF PRISONER BRING CNTL SUB/ETC JAIL BRING ALC/DRUGS IN PRISON POSS CNTL SUB IN PRISON POSS DRUGS/ETC IN PRISON SELL CNTL SUB:PRSN CUSTDY BRING WEAPON INTO PRISON SEND WEAPON INTO PRISON SEND WEAPON INTO PRISON BURGLARY BURGLARY:SECOND DEGREE BURGLARY:FIRST DEGREE BURGLARY:SECOND DEGREE BURGLARY W/EXPLOSIVES POSS WPN TO COMMIT ASLT BUY/SELL SNIPERSCOPE EXTORTION BY THREAT:INJ EXTORTION BY THREAT EXTORTION BY THREAT INJURE RAILROAD/RR BRIDGE ILL MV LOCMTV:POS INJ/DTH PLACE OBJECT ON RR TRACK INJURE HIGHWAY/BRIDGE THROW INJURIOUS SUBSTANCE THROW INJURIOUS SUBSTANCE CAUS INJ/DTH:GUID/ETC DOG TRESPAS:RES/ETC:SBI THRET TRESPS:RES/ETC:SBI THREAT TRESP:RESIDNCE:THREAT SBI TRESP:WRKPLACE THREAT SBI TRSPS:PSTD LND:DSCH F/ARM TRSPS:PSTD LND:DSCH F/ARM

CHARGE

SUMMARY REPORTED

CATEGORY

AS

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

AR

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

TH

TH

TH

TH

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 14 of 15

Filed 07/02/2008 Page 33 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

PC

610

F

PC

626.10(A) F

PC

626.10(A) M

PC

626.10(B) F

PC

626.10(B) M

PC

626.8(A)(1 M

PC

626.8(A)(2 M

PC

626.8(A)(3 M

PC

626.85(A)( M

PC

626.9(A)

F

PC

626.9(B)

F

PC

626.9(B)

M

PC

626.9(D)

F

PC

626.9(H)

F

PC

626.9(I)

F

PC

626.95(A) F

PC

626.95(A) M

PC

647.6

F

PC

647.6

M

PC

647.6(A)

M

PC

647.6(B)

F

PC

647.6(C)(1 F

PC

647.6(C)(2 F

PC

653F(B)

F

PC

653F(C)

F

PC

653J(A)

F

PC

653K

M

PC

667.5

X

PC

667.5(A)

X

PC

667.75

X

PC

69

F

PC

69

M

PC

71

F

PC

71

M

PC

727

M

PC

836.6(A)

F

PC

836.6(A)

M

PC

836.6(B)

F

PC

836.6(B)

M

US

18 111(A) F

US

18 1111

F

US

18 113(A)( F

US

18 113(A)( M

US

18 1201

F

US

18 1791(A) F

US

18 2113(A) F

US

18 2241(C) F

US

18 2244(B) F

US

18 922(A) F

US

18 922(G) F

US

18 930

F

US

21 841(A)( F

US

21 843(A)( F

US

21 844(A) M

US

21 846

X

US

21 952

F

US

26 5861(H) F

US

36 1002.35 M

US

36 2.35(B) M

US

36 2.35(C) M

TAMPER WITH SIGNAL LIGHT POSS WEAPON AT SCHOOL POSS WEAPON AT SCHOOL POS WPN/ETC:CMPUS:NOT GUN POSS WPN/ETC:CMPS:NOT GUN SEX OFN/ETC:STA/DSRUP SCH SEX OFF REENTR DISRPT SCH SEX OFD/ETC CONT DSRP SCH DRUG OFNDR REMAN SCH ZONE LOADED FIREARM AT SCH/ETC FIREARM AT SCHOOL FIREARM AT PUBLIC SCHOOL DISCHARGE F/ARM:SCH ZONE POS/ETC LOD F/ARM:UNV/ETC POSS/ETC FIREARM:UNIV/ETC WPN POSS PROHIB GROUNDS WPN POSS PROHIB GROUNDS ANNOY/MOLEST CHILD W/PR ANNOY/MOLEST CHILDREN -18 ANNOY/ETC CHILD -18 ANNOY/ETC CHILD:ILL ENTRY ANOY/ETC CHILD -18 W/PR ANOY/ETC CHLD:SPEC PR CNV SOLICIT TO COMMIT MURDER SOLICIT SEX ACTS SOLCT/ETC MNR SPEC FELONY POSSESS SWITCHBLADE KNIFE PR PRIS:VIO FEL/ETC:TERM+ PR PRIS:NEW VIO FEL:TERM+ PRIOR PRISON:HS FELONY 2+ OBSTRUCT/RESIST EXEC OFF OBSTRUCT/RESIST EXEC OFCR THREATN SCH/PUB OFCR/EMPL THREATN SCH/PUB OFCR/EMPL UNLAWFUL/RIOTOUS ASSEMBLY ESC/ATT ESC W/FORCE/ETC ESC/ATT ESC FROM CUSTODY ESC/ATT ESC W/FORCE/ETC ESC/ATT ESC AFTER ARREST ASLT/ETC SPEC OFFICER/ETC MURDER 1ST DEGREE ASSAULT BY STRIKING/ECT SIMPLE ASSAULT:MAR JURIS KIDNAPPING PROVDE CONTRBND IN PRISON BANK/ETC ROBBERY AGG SEX ACT:MNR:SPEC AGE UNWANTED SEXUAL CONTACT ILL IMPORT/ETC F/ARM AMMO FEL/ETC REC/ETC F/ARM/AMO ATEMPT/MURDER:FED FACILTY MFG/DISTRIB/ETC CNTL SUBS POSS EQUIP/ETC:MFG C/SUBS POS C/SUB W/O PRESCRP/ETC ATTEMPT/CONSPIRACY:DRUGS IMPORT CNTL SUBSTANCE MFG/ETC:F/ARM:ALT/ETC ID FED REG:POSS CONTROLD SUB FR:POSS CNTL SUBS:PARKS FR:UI ALC/CNTL SUB:PARK

CHARGE

SUMMARY REPORTED

CATEGORY

AS

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

SX

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

DR

DRUGS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

SX

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

OV

VIOLENCE

OV

VIOLENCE

DR

DRUGS

OV

VIOLENCE

SX

VIOLENCE

SX

VIOLENCE

WP

WEAPONS

WP

WEAPONS

OV

VIOLENCE

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

DR

DRUGS

WP

WEAPONS

DR

DRUGS

DR

DRUGS

DR

DRUGS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3
Page 15 of 15

Filed 07/02/2008 Page 34 of 42
S:\WpWork\Strip Search Cases\Schaffer, Daniel\Settlement Documents\Copy of Final charge list (32307)_v1.XLS

WEAPONS/DRUG/VIOLENCE CHARGES ON SCHAFFER LAWSUIT REPORTS

MISDEMEANOR/F

STATUTE CHARGE

ELONY

CHARGE DESCRIPTION

US

36 2.4(A)( M

US

36 2.4(F) M

US

43 8365.1 F

VC

20001(A) F

VC

20001(A) M

VC

20001(B)(1 F

VC

20001(B)(1 M

VC

20001(B)(2 F

VC

20001(B)(2 M

VC

21651(C) F

VC

23110(A) M

VC

23110(B) F

VC

23153(A) F

VC

23153(A) M

VC

2800.3

F

VC

38318(A) M

VC

38318(B) F

WI

1768.8(B) F

WI

8101(A)

F

WI

8101(B)

F

WI

8103(A)(1) F

WI

8103(F)(1) F

WI

871.5(B)

F

ZZ

DRUG RE 11 X

FR:POSS WPN/TRAP/NET FR:POSS/ETC WPN/TRAP/ETC FR:POSS CNTL SUB:PUB LAND HIT AND RUN:DEATH/INJURY HIT AND RUN:INJURY/DEATH HIT AND RUN:INJURY HIT AND RUN:INJURY HIT AND RUN:DEATH/INJURY HIT AND RUN:DEATH/INJURY DRIVE WRONG:HWY:INJ/DEATH THROW SUBSTANCE AT VEH THROW SUB AT VEH:INT:GBI DUI:ALC/DRUG:RSLT:BOD INJ DUI ALC/DRUGS:BODILY INJ EVADE PO:CAUSE SBI/DEATH THROW SUBSTANCE AT OHV THROW SUBSTANCE AT OHV ASLT ON NON-PRISONER:GBI SELL/ETC D/WPN:MNTL PERSN SELL/ETC F/ARM:MENTL PRSN POS/ETC F/ARM/DW:MDO PRHB WPN RESTRICTION:MNTL PRSN USE TEAR GAS/WPN:HALL/ETC DRUG REGISTRANT/11850 H&S

CHARGE

SUMMARY REPORTED

CATEGORY

AS

WP

WEAPONS

WP

WEAPONS

DR

DRUGS

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

DU

DU

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

OV

VIOLENCE

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

WP

WEAPONS

DR

DRUGS

note 1: these charges removed from weapons/drugs/violence categories

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 35 of 42
STIPULATION OF SETTLEMENT EXHIBIT 2

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 36 of 42
SANTA CRUZ COUNTY STRIP SEARCH LAW SUIT CLASS ACTION CLAIM FORM
(BUTLER, ET AL. vs. COUNTY OF SANTA CRUZ, ET AL) U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, CASE NO. C 07-00941 JF
FILL OUT THIS FORM IF YOU WERE BOOKED AT ANY TIME DURING THE PERIOD FROM AND INCLUDING FEBRUARY 14, 2005, THROUGH AND INCLUDING JULY 14, 2007, AND WERE STRIP SEARCHED, PRIOR TO ARRAIGNMENT, AT ANY SANTA CRUZ COUNTY CORRECTIONAL FACILITY OR WERE STRIP SEARCHED
AFTER BEING ORDERED RELEASED BY THE COURT. CLASS MEMBERS WHO QUALIFY WILL RECEIVE VARIOUS AMOUNTS OF MONEY DEPENDING UPON ANSWERS GIVEN TO QUESTIONS ON THIS CLAIM FORM
AND INFORMATION IN SANTA CRUZ COUNTY’S COMPUTER DATABASE.
You must complete and submit this claim form no later than December 18, 2008, to qualify for payment from settlement of the class action strip search case against Santa Cruz County. If you do not return a completed claim form by the due date you will receive no money from the settlement.

CLASS ACTION CLAIM FORM

________________________(Bar Code) Name Address City, State, Zip Code Phone #: Cal. Driver’s License No.
Social Security Number: Date of Birth:

Claim No._____________________________________ Please enter your correct name, and address here if it does not appear to the left. Name: ______________________________________________ Address:_____________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________

--------  --------  --------  --------  --------  --------  --------
WERE YOU BOOKED AND STRIP SEARCHED AT A SANTA CRUZ COUNTY DETENTION FACILITY PRIOR TO ARRAIGNMENT AT ANY TIME FROM FEBRUARY 14, 2005 THROUGH AND INCLUDING JULY 14, 2007?

Yes No

‘

‘

WERE YOU STRIP SEARCHED AT A SANTA CRUZ COUNTY DETENTION FACILITY AFTER BEING ORDERED RELEASED BY THE COURT AT ANY TIME FROM FEBRUARY 14, 2005, THROUGH AND INCULDING JULY 14, 2007?

‘

‘

If you answered “yes” to the first question above, please continue to answer the questions below.

Answer each of the following questions by placing a check in the “yes” or “no” box at the end of the question. If you check “yes” as the answer to any question, if requested, you MUST submit an explanation, description of the circumstances, medical verification, witness statements, or such other documentation necessary to support your answer. If you do not provide the requested explanation, description or substantiation, your “yes” answer will be disregarded. CAUTION – THESE ANSWERS ARE GIVEN UNDER PENALTY OF PERJURY. IF YOU GIVE A FALSE ANSWER, YOU WILL LOSE YOUR RIGHT TO RECOVER MONEY, AND YOU MAY BE SUBJECT TO PROSECUTION.

ALL PERSONS COMPLETING THIS CLAIM FORM, ANSWER THE FOLLOWING QUESTIONS:

Yes No

1.

Did you have a physical disability or disfigurement (such as an embarrassing scar condition in a

private area) or a mental disability at the time of the strip search? If so, describe the physical or

mental disability. ________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

‘

‘

1

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 37 of 42
Yes No

2.

If you are female, were you more than 2 months pregnant at the time of the strip search? If so, give

the full name and birth date of the child born and the name of the hospital where it was born, or

explain how the pregnancy ended.___________________________________________________

______________________________________________________________________________

______________________________________________________________________________

‘

‘

3.

If you are female, were you having your period at the time of the strip search?

‘

‘

4.

Did you serve any time in a State Prison or County Jail as a result of a sentenced conviction

within five years before the strip search? If so, please list the date(s) you were in jail or prison and

the facility you were incarcerated in. _________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

5.

Did you receive counseling or therapy for physical, emotional or psychological injury caused by

the strip search within ninety (90) days after the strip search? If so, give the name, address and

telephone number(s) of the therapist(s), the dates of the visits and provide copies of reports or

records from your therapist to support your claim:_____________________________________

_____________________________________________________________________________

_____________________________________________________________________________

CRIMINAL FRAUD WILL RESULT IN DENIAL OF YOUR CLAIM.

‘

‘

‘

‘

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE IS TRUE AND CORRECT.
DATED: _______________________ SIGNATURE:____________________________________
The information given here is private and will be held in the strictest confidence. If you have any questions about this lawsuit, write to the Claims Administrator at Butler, et al., Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060, or visit our website at www.butlervsantacruzco.com.
THIS CLAIM FORM MUST BE SIGNED AND RETURNED WITH A POSTMARK NO LATER THAN DECEMBER 18, 2008.
Use the return envelope and mail the completed claim form and any supporting information to: Class Claim Administrator: Butler, et al. Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060. DO NOT RETURN THIS FORM TO THE COUNTY OF SANTA CRUZ OR THE SANTA CRUZ COUNTY SHERIFF’S OFFICE.
If you need assistance in completing this form, please feel free to contact plaintiffs’ class counsel, Mark E. Merin at Law Offices of Mark E. Merin, 2001 P Street, Suite 100, Sacramento, California 95814; Telephone (916) 443-6911; Facsimile (916) 447-8336; Email office@markmerin.com. DO NOT CONTACT THE COUNTY OF SANTA CRUZ OR THE SANTA CRUZ COUNTY SHERIFF’S OFFICE FOR ASSISTANCE WITH THIS FORM.
If you would like your settlement check mailed to an address other than that on the first page of the Claim Form, provide it here: (Address if different) to which settlement check should be mailed:
___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________

2

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 38 of 42
STIPULATION OF SETTLEMENT EXHIBIT 3

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 39 of 42
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION STRIP SEARCH CASE
IF YOU WERE BOOKED INTO SANTA CRUZ COUNTY JAIL AND STRIP-SEARCHED, PRIOR TO ARRAIGNMENT, AND/OR STRIP-SEARCHED AT THE SANTA CRUZ COUNTY JAIL AFTER BEING ORDERED RELEASED BY THE COURT BETWEEN FEBRUARY 14, 2005 AND JULY 14, 2007 YOU MAY BE ENTITLED TO SUBSTANTIAL MONETARY
COMPENSATION UNDER A CLASS ACTION SETTLEMENT.
A class action lawsuit is presently pending in the United States District Court, Northern District of California. If the proposed Settlement described below receives final approval, people who were subjected to a strip search in a Santa Cruz County correctional facility prior to arraignment on certain charges, and/or subjected to a strip search after being ordered released by the Court, will be eligible to receive money from the settlement fund.
If you believe you are a member of the class and you do not get a Claim Form mailed to you, you may obtain a claim form by writing to the Claims Administrator, Butler v. County of Santa Cruz Strip Search Class Action, c/o Claims Administrators, P.O. Box 8090, San Rafael, CA 94912-8060, by calling the Claims Administrator at (____) _______________, by visiting the website at www.butlervsantacruzco.com, or by contacting the class counsel, Law Office of Mark E. Merin, 2001 P Street, Suite 100, Sacramento, CA 95814, (916) 443-6911, e-mail at office@markmerin.com.
DO NOT CONTACT EITHER THE COUNTY OF SANTA CRUZ OR THE SANTA CRUZ COUNTY SHERIFF’S OFFICE CONCERNING THIS SETTLEMENT.
Your Claim Form must be completed and postmarked no later than December 18, 2008. For more information, please read this notice.
If You Wish to Claim Monetary Compensation, Obtain, Fill out and Mail the Claim Form as Soon as Possible but No Later than December 18, 2008.
PLEASE READ THIS ENTIRE NOTICE CAREFULLY. YOU MAY BE ENTITLED TO RECEIVE A SUBSTANTIAL PAYMENT.
There is now pending in the United States District Court in and for the Northern District of California a class action lawsuit involving the classes of persons defined below (Settlement Class Members – “SCMs”):
PRE-ARRAIGNMENT STRIP SEARCH CLASS: The following persons shall be referred to as the “PREARRAIGNMENT STRIP SEARCH CLASS”: (1) All arrestees booked into a Santa Cruz County correctional facility during the Class Period on Felony or Misdemeanor charges not relating to violence, drugs or weapons (“nonVDW charges”), who were assigned to a housing unit and who underwent one or more STRIP SEARCHES prior to arraignment on the charges on which they were booked excluding: 1) persons who, at the time of such Class Period booking were on parole and, 2) persons who, within the seven (7) years prior to such Class Period booking, had been arrested in SANTA CRUZ COUNTY on two or more occasions on VDW Felony or Misdemeanor Offenses.
POST RELEASE STRIP SEARCH CLASS: The following persons shall be referred to as the “POST RELEASE STRIP SEARCH CLASS”: Any person who, during the Class Period, was ordered released by the Court within eight (8) days of his or her booking in any Santa Cruz County correctional facility and was strip searched upon return to a Santa Cruz County correctional facility after the Court ordered that person to be released.
This Notice is to inform you that a settlement has been proposed in this action and that, as a potential class member, your rights may be affected by the settlement. This Notice also summarizes the terms and effect of the proposed settlement, what you can do to participate in it, and how you can obtain money under the settlement.

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION STRIP SEARCH CASE

PAGE 1 OF 4

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 40 of 42
SUMMARY OF THE PROPOSED TERMS

A Settlement Agreement (“Settlement”) was entered into after negotiations between the parties, conducted with the assistance of a third party mediator. The Parties are requesting that the Court approve the Settlement.

A. Parties to the Settlement.

The parties to the Settlement are the Plaintiff named in Butler, et al. v. County of Santa Cruz, et al., United States District Court, Northern District, Case No. Case No. C 07-00941 JF on behalf of himself and the Settlement Class, and various defendants including the County of Santa Cruz. Counsel for the class is Mark E. Merin, The Law Office of Mark E. Merin, 2001 P Street, Suite 100, Sacramento, CA 95814.

B. Monetary Terms of Settlement

1. Class Fund and Related Expenses.

Defendants shall pay a maximum of $3,875,000 under the terms of the settlement that will hereafter be referred to as the Settlement Fund.

Class Counsel will seek an award of $950,000 of the Settlement Fund as attorney’s fees and costs for recovering the Settlement Fund for the Class Members. Up to $250,000 of the Settlement Fund may be used for costs of claims administration. Up to $2,600,000 may be used to pay valid claims. The representative plaintiff will receive a payment of $75,000, subject to Court approval.

2. Payments to Class Members Who File Claims.

Money for the class will be paid out based on a distribution formula, subject to payments being proportionately reduced if the total value of verified claims exceeds $2,600,000.

Pursuant to that distribution formula, all members of the PRE-ARRAIGNMENT STRIP SEARCH CLASS, as defined above, booked during the Class Period, upon return of a verified Claim Form, shall receive the following:

a.

Fifteen Hundred Dollars ($1,500.00) for each booking, up to two (2), on a non-VDW Misdemeanor charge unless,

within seven (7) years prior to the qualifying booking, the SCM had been arrested on two or more occasions on

VDW offenses, whether Felony or Misdemeanor Offenses, in Santa Cruz County or, at the time of such booking,

was on parole or searchable probation;

b.

Twelve Hundred Fifty Dollars ($1,250.00) for each booking, up to two (2), on a non-VDW Felony charge unless,

within seven (7) years prior to the qualifying booking, the SCM had been arrested on two or more occasions on

VDW offenses, whether Felony or Misdemeanor offenses, in Santa Cruz County or, at the time of such booking, was

on parole or searchable probation;

c.

Three Hundred Fifty Dollars ($350.00) if the SCM was booked on a non-VDW Felony or Misdemeanor offense and

was on probation, the conditions of which included a requirement to submit to a search, and who was not arrested in

Santa Cruz County on two or more occasions on VDW offenses, whether Felony or Misdemeanor offenses, within

the seven (7) years proceeding the qualifying booking.

All POST RELEASE STRIP SEARCH CLASS members booked during the Class Period on any offense who, within eight (8) days of booking were ordered released by the Court and strip searched following return to jail, shall receive Twelve Hundred Fifty Dollars ($1,250.00), if the offense on which the person was booked was a misdemeanor; or Seven Hundred Fifty Dollars ($750.00) if the offense on which the person was booked was a Felony. Regardless of the number of times a person was strip searched following being ordered released within eight (8) days of booking, persons in the POST RELEASE STRIP SEARCH CLASS will receive only one payment for any and all post release strip searches. Persons in the POST RELEASE STRIP SEARCH CLASS may also receive payments if they qualify for membership in the PRE-ARRAIGNMENT STRIP SEARCH CLASS.

In addition to the sums specified above, all SCMs in the PRE-ARRAIGNMENT STRIP SEARCH CLASS will become eligible to receive additional sums, referred to as “Enhancements” of Five Hundred Dollars for each applicable condition if they were under 21 or over 60 at the time of the qualifying Strip Search, had a physical or mental disability at the time of Strip Search, or were pregnant at the time of Strip Search. SCMs in the PRE-ARRAIGNMENT STRIP SEARCH CLASS will receive enhancements of One Thousand Dollars ($1,000.00) each if, at the time of the Strip Search, the SCM was menstruating.

In addition, the SCMs in the PRE-ARRAIGNMENT STRIP SEARCH CLASS may become eligible to receive amounts, to be determined by negotiations between Class Counsel and the County’s counsel, of not less than Five Thousand Dollars ($5,000.00) or

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION STRIP SEARCH CASE

PAGE 2 OF 4

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 41 of 42
more than Twenty-Five Thousand Dollars ($25,000.00) if, at the time they submit a timely claim form to the administrator, they also submit medical or psychological records or reports from licensed physicians or psychologists, marriage and family counselors, or clinical social workers establishing that, within 90 days after the Strip Search which is the subject of their claim, they received treatment for a physical, emotional or psychological injury caused by the Strip Search. All documentation of such claimed injuries will be provided to counsel for the County, who will be afforded a reasonable period of time to investigate each such claim, including taking depositions and obtaining additional records. In the event that Class Counsel and the County’s Counsel cannot agree on an amount to resolve the claim of any SCM described in this paragraph, all documentation pertaining to that SCM’s claim will be submitted to the Special Master, along with each counsel’s proposed amount for an award, and the Special Master will determine the amount of the award, based upon the documents submitted to him.
3. Reduction of Awards.
Awards to claimants will be reduced by 50% if, at any time during the five years preceding the qualified booking, the claimant was sentenced and confined in any California County jail or in a California State Penitentiary or Correctional Institution. Net awards to claimants may be further reduced by up to a maximum of 50% of any remaining funds due for certain unpaid debts to the County of Santa Cruz for unpaid work furlough fees, unpaid child support, restitution ordered or payments due to the Victims of Violent Crime Fund, or for other debts collectible by the County of Santa Cruz or its agents.
C. Your Options as a Class Member.
1. Be Bound by, and Participate in the Settlement.
To qualify for a payment, you must send in a completed Claim Form to the Claims Administrator. A Claim Form is included in this notice package. You can also get a Claim Form by: (1) calling this toll free number: (___) __________; (2) visiting the website, www.butlervsantacruzco.com; (3) requesting a Claim Form from the offices of Class Counsel at: The Law Office of Mark E. Merin, 2001 P Street #100, Sacramento, CA 95814, telephone (916) 443-6911; or (4) writing the Claims Administrator at: Butler v. County of Santa Cruz Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.
You have until December 18, 2008, to submit a Claim Form.
Mail your completed Claim Form to: Butler v. County of Santa Cruz Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.
If you need assistance in completing the claim form, feel free to contact class counsel, Mark E. Merin at the Law Office of Mark E. Merin, 2001 P Street, Suite 100, Sacramento, CA 95814, (916) 443-6911.
Remember, if you do not send a Claim Form, you cannot get a payment. Also, please note that Class Members who have already settled their claims with the County of Santa Cruz or gone to trial with the County of Santa Cruz cannot receive a payment under this settlement. If you submit a Claim Form, you will be bound by the Settlement and receive money (if you are a class member). If you do not submit a Claim form but did not exclude yourself from the class, you will be bound by the terms of the Settlement and dismissal entered in this case, but you will not receive any money.
By participating in the Settlement you will be waiving all your rights to all claims up to July 14, 2007, related to strip searches that took place in any Santa Cruz County correctional facility, even those of which you are not aware at present. This waiver will include a waiver of the provisions of California Civil Code §1542, which provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” By participating, you will be giving up unsuspected claims in the areas covered by the litigation.
2. Exclude Yourself From the Class.
You do not have to take part in the Settlement or be a member of the class. This is called “excluding” yourself. If you exclude yourself, you cannot get a payment and you cannot object to the Settlement. Any Court orders will not apply to you. To exclude yourself, you must sign a request for exclusion letter that states that you want to be excluded from Butler, et al. v. County of Santa Cruz, et al., Case No. C 07-00941 JF. Your exclusion letter must be mailed and postmarked before December 18, 2008, to: Butler v. County of Santa Cruz Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.
If you do not follow these instructions properly, you will lose your right to exclude yourself. If you exclude yourself, you cannot get any money from the Settlement and you cannot tell the Court you do not like the Settlement (which is called “objecting”). If you

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION STRIP SEARCH CASE

PAGE 3 OF 4

Case 5:07-cv-00941-JF Document 27-3 Filed 07/02/2008 Page 42 of 42
exclude yourself, you are no longer part of the class or the Settlement, but you can sue the County of Santa Cruz on your own if you choose to do so.
D. Fairness Hearing and Process for Objections.
A fairness hearing will be held on January 16, 2009, at 9:00 a.m., at the United States District Court, Northern District of California, San Jose Division, 280 South 1st Street, Courtroom 3, San Jose, CA 95113. If you are a class member and do not exclude yourself, you can tell the Court you do not like the Settlement or some part of it at this hearing. This is called objecting to the Settlement. For example, you can say you do not think the Settlement is fair or adequate. The Court will consider your views.
To object, you must send a letter to the Court that contains all of the following: (1) The name and title of the lawsuit, Butler, et al. v. County of Santa Cruz, et al., Case No. C 07-00941 JF; (2) A statement of each objection you have and the facts that support the objections; (3) A description of any law or case supporting the objections; (4) A statement on whether or not you or your lawyer will ask to appear at the Fairness Hearing to talk about your objections, and, if so, how long you will need to present your objections; and (5) Copies of any documents you or your lawyer will present at the Fairness Hearing.
Individually, or through counsel, any class member has the right to object to the proposed Settlement as a whole, to the amount of attorneys’ fees and costs of Class Counsel, or to any portion of either. ANY SUCH OBJECTIONS MUST BE FILED IN WRITING ON OR BEFORE DECEMBER 18, 2008, IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, LOCATED AT 280 South 1st Street, Courtroom 3, San Jose, CA 95113, ATTN: CLERK, RE: BUTLER V. COUNTY OF SANTA CRUZ SETTLEMENT, CASE NO. C 07-00941 JF. If you wish to appear and present your objections at the fairness hearing, you must also submit a Notice of Intention to Appear that identifies the case, contains your name and address, and explains the reason the appearance is desired. The Notice of Intention to Appear and any objections must be filed with the Court on or before December 18, 2008. You may be represented by your own attorney. If you are to be represented by an attorney at the hearing, his or her name, address and telephone number must be included in the Notice of Intention to Appear as well.
A copy of the Statement of Objection and/or Notice of Intention to Appear must also be mailed to: The Law Office of Mark E. Merin, 2001 P Street, Suite 100, Sacramento, CA 95814 ATTN: Mark E. Merin and to Santa Cruz County Counsel, 701 Ocean Street, Room 505, Santa Cruz, California 95060, ATTN: Jason M. Heath, Assistant County Counsel.
E. How to Obtain Further Information
For additional information regarding the Settlement and Claim Form, or a copy of the Settlement Agreement and Claim Form, you or your counsel should contact: Butler v County of Santa Cruz Strip Search Class Action, c/o Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060. You may also check the Class Administrator’s website at www.butlervsantacruzco.com or call (___) ____________. You may also obtain detailed information about the case by examining the Court file located in the office of the Clerk of the United States District Court in and for the Northern District of California, San Jose Division, 280 South 1st Street, Courtroom 3, San Jose, CA 95113.
DO NOT CONTACT THE COUNTY OF SANTA CRUZ OR THE SANTA CRUZ COUNTY SHERIFF’S OFFICE FOR INFORMATION OR DOCUMENTS CONCERNING THIS SETTLEMENT.
F. Court Approval.
Although the Court has reviewed the proposed Settlement, no decision has been, or will be reached by the Court until the Fairness Hearing. This Notice does not indicate that the Court has yet approved the Settlement.

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION STRIP SEARCH CASE

PAGE 4 OF 4

 
 Case5:07-cv-00941-JF Document39 Filed01/28/09 Page1 of 3

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**E-Filed 1/28/09**

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7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA
9 SAN JOSE DIVISION
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DENNIS BUTLER on behalf of himself and all

Case Number C 07-00941 JF (RS)

12 those similarly situated,

ORDER1 GRANTING MOTION FOR

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Plaintiff,

FINAL APPROVAL OF

SETTLEMENT; AND GRANTING

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v.

MOTION FOR APPROVAL OF

STIPULATED ATTORNEYS’ FEES

15 SANTA CRUZ COUNTY; SANTA CRUZ

AND REIMBURSEMENT OF COSTS

COUNTY SHERIFF STEVE ROBINS, in his

16 Individual and Official Capacities; SANTA CRUZ [Re: docket nos. 33, 35]

COUNTY SHERIFF’S DEPUTIES DOES 1

17 THROUGH 50; and ROES 1 THROUGH 20,

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Defendants.

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The parties’ joint motions for final approval of settlement and for approval of stipulated

21 attorneys’ fees and reimbursement of costs were heard on Friday, January 16, 2009. One

22 objector, Ms. Rita Kramer, appeared telephonically after having submitted a detailed objection to

23 the settlement via facsimile on January 15, 2009. The Clerk of the Court is directed to file the

24 objection.

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Ms. Kramer does not appear to object to the substance of the settlement but rather

26 complains that she was deprived unfairly of the opportunity to be a named class representative.

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1 This disposition is not designated for publication in the official reports.

Case No. C 07-00941 JF (RS) ORDER GRANTING MOTION FOR FINAL APPROVAL OF SETTLEMENT ETC. (JFEX2)

Case5:07-cv-00941-JF Document39 Filed01/28/09 Page2 of 3

1 She claims that it was she who first brought the case to the attention of class counsel Mark

2 Merin, and that Mr. Merin thereafter prosecuted the case for his own advantage, naming Dennis

3 Butler as the only representative plaintiff and excluding her. She also accuses Mr. Merin of

4 preparing the paperwork for her to opt in as a claimant in the class action without her consent.

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Ms. Kramer’s objections relate solely to her attorney-client interactions with Mr. Merin.

6 Because the objections do not relate to the substance of the settlement, they do not weigh against

7 approval of the settlement. Given that Ms. Kramer is the only objector, and because the Court

8 concludes that the settlement is fair and adequate and in the best interest of the class, the Court

9 will grant the motion for final approval.

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With respect to the motion for approval of stipulated attorneys’ fees and reimbursement

11 of costs, the Court concludes that the requested fees and costs are fair and reasonable and are

12 well-documented by the parties’ submissions. Accordingly, the Court will grant that motion as

13 well.

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Because Ms. Kramer stated unequivocally in the record that she did not wish to be a part

15 of the class and did not wish to participate in the settlement, she is hereby excluded from the

16 settlement class. Ms. Kramer is advised to consult with an attorney regarding her interactions

17 with Mr. Merin in the event she wishes to pursue her concerns further.

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ORDER

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For good cause shown, it is hereby ordered that:

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(1) the motion for final approval of settlement is GRANTED;

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(2) the motion for approval of stipulated attorneys’ fees and reimbursement of costs is

GRANTED;

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(3) the Clerk of the Court shall file the objection of Ms. Kramer submitted to

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chambers on January 15, 2009; and

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(4) a separate order and judgment of dismissal shall be filed concurrently herewith.

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26 DATED: January 28, 2009

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JEREMY FOGEL

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United States District Judge

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Case No. C 07-00941 JF (RS) ORDER GRANTING MOTION FOR FINAL APPROVAL OF SETTLEMENT ETC. (JFEX2)

Case5:07-cv-00941-JF Document39 Filed01/28/09 Page3 of 3
1 Copies of Order served on: 2
Jason Michael Heath Jason.Heath@co.santa-cruz.ca.us, csl026@co.santa-cruz.ca.us 3
Mark E. Merin , Esq mark@markmerin.com, joshua@markmerin.com, kari@markmerin.com, 4 paul@markmerin.com 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3
Case No. C 07-00941 JF (RS) ORDER GRANTING MOTION FOR FINAL APPROVAL OF SETTLEMENT ETC. (JFEX2)

 
 Case: 5:07-cv-941 As of: 02/25/2009 09:02 AM PST 1 of 5
ADRMOP, CLOSED, E−Filing, PRVADR
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:07−cv−00941−JF

Butler v. Santa Cruz County et al Assigned to: Hon. Jeremy Fogel Referred to: Magistrate Judge Richard Seeborg Cause: 42:1981 Civil Rights
Plaintiff
Dennis Butler on behalf of himself and all those similarly situated

Date Filed: 02/14/2007 Date Terminated: 01/28/2009 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Jason Michael Heath Office of the County Counsel 701 Ocean Street, Room 505 Santa Cruz , CA 95060 (831) 454−2040 Fax: (831) 454−2115 Email: Jason.Heath@co.santa−cruz.ca.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark E. Merin , Esq. Law Office of Mark E. Merin 2001 P Street, Suite 100 Sacramento , CA 95811 916−443−6911 Fax: 916−447−8336 Email: mark@markmerin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Santa Cruz County
Defendant Santa Cruz County Sheriff Steve Robbins in his individual and official capacity

represented by Jason Michael Heath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julia Hill City of Santa Clara 1500 Warburton Avenue Santa Clara , CA 95050 408−615−2230 Fax: 408−249−7846 TERMINATED: 08/23/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark E. Merin , Esq. (See above for address) ATTORNEY TO BE NOTICED
represented by Jason Michael Heath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julia Hill

Case: 5:07-cv-941 As of: 02/25/2009 09:02 AM PST 2 of 5

(See above for address) TERMINATED: 08/23/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark E. Merin , Esq. (See above for address) ATTORNEY TO BE NOTICED

Defendant Santa Cruz County Sheriff's Deputies

represented by Jason Michael Heath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark E. Merin , Esq. (See above for address) ATTORNEY TO BE NOTICED

Interested Party Rita Kramer

Date Filed 02/14/2007
02/14/2007 02/14/2007
02/14/2007 02/27/2007
03/09/2007 03/09/2007 03/13/2007 03/13/2007

# Docket Text
1 CLASS ACTION COMPLAINT (summons issued); jury demand;against Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies ( Filing fee $ 350, receipt number 34611002987.). Filed by Dennis Butler. (cv, COURT STAFF) (Filed on 2/14/2007) Modified on 2/22/2007 (bw, COURT STAFF). Additional attachment(s) added on 2/22/2007 (bw, COURT STAFF). (Entered: 02/16/2007)
Summons Issued as to Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)
2 ADR SCHEDULING ORDER: Case Management Statement due by 5/16/2007. Case Management Conference set for 5/23/2007 02:30 PM.. Signed by Judge Richard Seeborg on 2/14/07. (Attachments: # 1 Standing Order)(cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)
CASE DESIGNATED for Electronic Filing. (cv, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/16/2007)
3 SUMMONS Returned Executed by Dennis Butler. Santa Cruz County served on 2/23/2007, answer due 3/15/2007; Santa Cruz County Sheriff Steve Robbins served on 2/23/2007, answer due 3/15/2007. (Merin, Mark) (Filed on 2/27/2007) (Entered: 02/27/2007)
4 ANSWER to Complaint with JURY DEMAND by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Hill, Julia) (Filed on 3/9/2007) Modified on 3/12/2007 (bw, COURT STAFF). (Entered: 03/09/2007)
5 Declination to Proceed Before a U.S. Magistrate Judge by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Hill, Julia) (Filed on 3/9/2007) (Entered: 03/09/2007)
6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 3/13/2007) (Entered: 03/13/2007)
7 ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Richard Seeborg remains the Referral Judge. Signed by the Executive Committee on 3/13/07. (srm, COURT STAFF) (Filed on 3/13/2007) (Entered: 03/13/2007)

Case: 5:07-cv-941 As of: 02/25/2009 09:02 AM PST 3 of 5

05/03/2007 05/10/2007
05/14/2007 05/17/2007 05/23/2007 05/24/2007 05/24/2007 05/29/2007 07/06/2007
07/06/2007 07/23/2007 08/23/2007 09/20/2007 09/28/2007 09/28/2007
10/22/2007 10/24/2007
12/07/2007

8 STIPULATION and Proposed Order selecting Mediation by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS (Hill, Julia) (Filed on 5/3/2007) (Entered: 05/03/2007)
9 ORDER REFERRING CASE to Mediation. [8} Stipulation selecting Mediation as ADR Process Signed by Judge Jeremy Fogel on 5/10/07. (jfsec, COURT STAFF) (Filed on 5/10/2007) Modified on 5/10/2007 (jfsec, COURT STAFF). (Entered: 05/10/2007)
Set/Reset Hearings: Case Management Conference set for 5/25/2007 10:30 AM. (jfsec, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)
10 JOINT CASE MANAGEMENT STATEMENT filed by Dennis Butler. (Merin, Mark) (Filed on 5/17/2007) (Entered: 05/17/2007)
11 STIPULATION Request to Reset Case Management Conference [Proposed] Order by Dennis Butler. (Merin, Mark) (Filed on 5/23/2007) (Entered: 05/23/2007)
12 ORDER Rescheduling Case Management Conference; now scheduled for July 6, 2007 at 10.30 a.m. Signed by Judge Jeremy Fogel on 05/24/2007. (jflc1, COURT STAFF) (Filed on 5/24/2007) (Entered: 05/24/2007)
Set/Reset Hearings: Case Management Conference set for 7/6/2007 10:30 AM. (dlm, COURT STAFF) (Filed on 5/24/2007) (Entered: 05/24/2007)
13 ADR Clerk's Notice Appointing Randall W. Hall as Mediator. (cmf, COURT STAFF) (Filed on 5/29/2007) (Entered: 05/29/2007)
14 Minute Entry: Initial Case Management Conference held on 7/6/2007 before Judge Jeremy Fogel (Date Filed: 7/6/2007). Continued to 11/16/2007 at 10:30 a.m. for further case management conference. (Court Reporter Not reported.) (dlm, COURT STAFF) (Date Filed: 7/6/2007) (Entered: 07/09/2007)
Set/Reset Hearings: Further Case Management Conference set for 11/16/2007 10:30 AM. (dlm, COURT STAFF) (Filed on 7/6/2007) (Entered: 07/09/2007)
Set/Reset Hearings: Mediation Hearing set for 10/24/2007 (pending court approval) at 09:30 AM at the mediator's office located at One Frank Ogawa Plaza, 6th Floor, Oakland, CA. (cmf, COURT STAFF) (Filed on 7/23/2007) (Entered: 07/23/2007)
15 NOTICE of Change In Counsel by Jason Michael Heath NOTICE OF CHANGE IN ATTORNEY ASSIGNED TO REPRESENT DEFENDANTS (Heath, Jason) (Filed on 8/23/2007) (Entered: 08/23/2007)
16 ADR Clerk's Notice Vacating Appointment of Mediator, Randall W. Hall. (cmf, COURT STAFF) (Filed on 9/20/2007) (Entered: 09/20/2007)
17 Letter from Counsel to ADR Case Administrator re: Selection of Private Mediation. (Merin, Mark) (Filed on 9/28/2007) (Entered: 09/28/2007)
ADR Remark: Per 17 the parties have agreed to utilize private mediation through a private provider. Mediation is scheduled to commence on 10/30/2007 with Hon. Raul A. Ramirez (Ret.). Additional dates may be scheduled. Case is removed from the Court's mediation program. (cmf, COURT STAFF) (Filed on 9/28/2007) (Entered: 09/28/2007)
18 STIPULATION : Stipulated Request to Reset Case Management Conference; [Proposed] Order by Dennis Butler. (Merin, Mark) (Filed on 10/22/2007) (Entered: 10/22/2007)
19 ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 18 Stipulation filed by Dennis Butler Further Case Management Conference set for 12/14/2007 10:30 AM. Signed by Judge Jeremy Fogel on 10/24/07. (jfsec, COURT STAFF) (Filed on 10/24/2007) (Entered: 10/24/2007)
20 JOINT CASE MANAGEMENT STATEMENT filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 12/7/2007) (Entered: 12/07/2007)

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12/10/2007 03/28/2008 04/01/2008
05/21/2008 06/11/2008 06/16/2008
07/02/2008
07/02/2008 07/07/2008 07/07/2008 07/07/2008 07/11/2008 07/17/2008
12/23/2008 12/23/2008

21 CLERK'S NOTICE Case Management Conference rescheduled for 4/25/2008 10:30 AM. (jfsec, COURT STAFF) (Filed on 12/10/2007) (Entered: 12/10/2007)
22 STIPULATION STIPULATED REQUEST TO RESET CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 3/28/2008) (Entered: 03/28/2008)
23 ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 22 Stipulation filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins Further Case Management Conference set for 6/6/2008 10:30 AM. Signed by Judge Jeremy Fogel on 4/1/08. (jfsec, COURT STAFF) (Filed on 4/1/2008) (Entered: 04/01/2008)
24 CLERK'S NOTICE Case Management Conference rescheduled for 6/20/2008 10:30 AM. (jfsec, COURT STAFF) (Filed on 5/21/2008) (Entered: 05/21/2008)
25 STIPULATION STIPULATED REQUEST TO RESET CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 6/11/2008) (Entered: 06/11/2008)
26 ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 25 Stipulation filed by Santa Cruz County, Santa Cruz County Sheriff Steve Robbins Initial Case Management Conference set for 8/15/2008 10:30 AM. Signed by Judge Jeremy Fogel on 6/16/08. (jfsec, COURT STAFF) (Filed on 6/16/2008) (Entered: 06/16/2008)
27 MOTION for Settlement −Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action filed by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Attachments: # 1 Notice of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Merin, Mark) (Filed on 7/2/2008) (Entered: 07/02/2008)
28 MOTION for Protective Order for Disclosure of Records and Information filed by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Merin, Mark) (Filed on 7/2/2008) (Entered: 07/02/2008)
29 ORDER GRANTING STIPULATED MOTION FOR PRELIMINARY APPROVAL OF PROVISIONAL SETTLEMENT CLASS AND SETTLEMENT OF CLASS ACTION by Judge Jeremy Fogel granting 27 Motion for Settlement (jfsec, COURT STAFF) (Filed on 7/7/2008) (Entered: 07/07/2008)
30 PROTECTIVE ORDER by Judge Jeremy Fogel granting 28 Motion for Protective Order (jfsec, COURT STAFF) (Filed on 7/7/2008) (Entered: 07/07/2008)
Set/Reset Hearings: Fairness Hearing set for 1/16/2009 09:00 AM. (dlm, COURT STAFF) (Filed on 7/7/2008) (Entered: 08/20/2008)
31 STIPULATION STIPULATED REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by Dennis Butler, Santa Cruz County Sheriff Steve Robbins. (Heath, Jason) (Filed on 7/11/2008) (Entered: 07/11/2008)
32 ORDER GRANTING STIPULATED REQUEST TO VACATE CASE MANAGEMENT CONFERENCE re 31 Stipulation filed by Dennis Butler, Santa Cruz County Sheriff Steve Robbins . Signed by Judge Jeremy Fogel on 7/17/08. (jfsec, COURT STAFF) (Filed on 7/17/2008) Modified on 8/20/2008 (dlm, COURT STAFF). (Entered: 07/17/2008)
33 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed by Dennis Butler. Motion Hearing set for 1/16/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)
34 Declaration of Mark E. Merin in Support of 33 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed byDennis Butler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 33 ) (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)

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12/23/2008
12/23/2008 12/23/2008 01/16/2009
01/28/2009 01/28/2009 01/28/2009

35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement filed by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. Motion Hearing set for 1/16/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit 1)(Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)
36 Proposed Order re 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement Proposed Order and Judgement of Dismissal by Dennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)
37 Declaration of Ryanne Cozzi in Support of 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement filed byDennis Butler, Santa Cruz County, Santa Cruz County Sheriff Steve Robbins, Santa Cruz County Sheriff's Deputies. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Merin, Mark) (Filed on 12/23/2008) (Entered: 12/23/2008)
38 Minute Entry: Motion Hearing held on 1/16/2009 before Judge Jeremy Fogel (Date Filed: 1/16/2009) re 35 Joint MOTION for Settlement The Parties' Joint Submission in Support of Final Approval of Stipulated Settlement, 33 MOTION for Attorney Fees Class Counsel's Application for Approval of Stipulated Attorney's Fees and Reimbursement of Costs. The Court Approves the Settlement and grants the Motion for Attorney's Fees. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 1/16/2009) (Entered: 01/20/2009)
39 ORDER BY JUDGE JEREMY FOGEL GRANTING 35 MOTION FOR FINAL APPROVAL OF SETTLEMENT; AND GRANTING 33 MOTION FOR APPROVAL OF STIPULATED ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS. (jflc2, COURT STAFF) (Filed on 1/28/2009) (Entered: 01/28/2009)
40 ORDER AND JUDGMENT OF DISMISSAL. Signed by Judge Jeremy Fogel on 1/28/09. (jflc2, COURT STAFF) (Filed on 1/28/2009) (Entered: 01/28/2009)
41 Letter from Rita Kramer. (gm, COURT STAFF) (Filed on 1/28/2009) (Entered: 02/04/2009)