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Case ID: 4564 | Civil Rights | 12/05/2005
Circuit Judge Jeffrey Streitfeld allowed a class action lawsuit to go forward alleging that the Broward Sheriff's Office has for years been conducting illegal strip-searches of people arrested for relatively minor crimes.
The lawsuit charges that the Sheriff's Office "instituted a policy to strip-search all pre-trial detainees, including those arrested for traffic offenses and misdemeanors." The lawsuit, filed by a Fort Lauderdale attorney Kevin Kulik, asserts that those searches were unconstitutional. Also, it says, they violated Florida law that bars jailers from strip-searching those arrested for non-violent or non-drug-related charges unless there is cause to think they possess contraband, such as a weapon or drugs. In the case of all strip searches, Sheriff's jail deputies are supposed to obtain written permission from their supervisor. According to the lawsuit, Sheriff Ken Jenne gave the judge a figure of 1,764 individuals who were possibly illegally searched between Dec. 13, 1999, and Dec. 13, 2002, when pressed for an estimate during one court hearing. Kulik said Jenne has not divulged how the department arrived at that figure. Two women already have been identified in the class action lawsuit, Daisy Cole and Martha Echeverry. Both were strip-searched, though the State Attorney's Office ultimately declined to file charges in either case. Cole had been arrested on a charge of obstructing a police officer and Echeverry was arrested after a domestic disturbance. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A statewide collective action has been filed in Florida against ARPM, Inc. and H&R Concepts, LLC. The action is brought on behalf of all current and former employees, who since March 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part
of the class. The employees have requested that the court issue notice to all potential class members.
A statewide class action has been filed in Indiana against collections specialist Account Receivable Collections, LLC. The action is brought on behalf of all Indiana consumers who received an initial collection letter from Account Receivable that demanded immediate payment of their debt. The action is brought under the Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. Federal credit and banking laws prohibit credit providers from discriminating based on ethnicity, national origin, or race. The parties have reached a tentative settlement in a nationwide action filed against General Motors Acceptance Corporation on behalf of African Americans who allege that, as a result of company policies, dealers routinely charged black consumers higher interest rates on auto loans than whites with similar financial histories in violation of the federal Equal Credit Opportunity Act. Persons eligible to take part in the settlement should contact attorneys for the class for more information. A statewide class action has been filed in Indiana against collection specialists Weltman, Weinberg & Reis, Co. LPA. The action is brought on behalf of all Indiana consumers who, since May 6, 2003, received form type collection letters from Weltman, Weinberg that contained a caption resembling a civil complaint, when in fact none had been filed. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A statewide collective action has been filed in Florida against Nicholas Financial, Inc. and its President, Peter Vosatas. The action is brought on
behalf of all current and former Florida employees who did not receive overtime compensation as required for all hours worked in excess of 40 weekly. The action is brought under the federal Fair Labor Standards Act and seeks back-pay, compensatory damages, liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants must opt-in to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants.
A statewide class action has been filed in Oregon against Symphony Healthcare, Inc., the former owner and operator of Eastmoreland Hospital. The action is brought on behalf of all former employees of Eastmoreland who were terminated on January 16, 2004, when Symphony suddenly closed Eastmoreland without any prior notice to employees. The action is brought under the federal Worker Adjustment and Retraining Act (WARN) and seeks back pay and benefits for all former employees. |
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