Judge Approves $5.7M Settlement for Illegal Strip Searches at Essex County Jail | New Jersey Law Journal – Law.com

A federal judge in Newark has approved a $5.7 million settlement in a class action against Essex County over illegal strip searches at its correctional facility for people arrested on nonindictable offenses.

The suit claimed the county’s blanket strip search policy violated the Fourth Amendment right to be free of unreasonable search and seizure. The suit also claimed the searches violated the New Jersey Civil Rights Law and the state strip search statute. The sole plaintiff and class representative, Lazaro Sanchez, who was charged with nonpayment of child support, was strip-searched before he was arraigned or given the opportunity to contest his detention, even though there was no particularized suspicion that he possessed drugs, weapons or other contraband, the suit claimed.

U.S. Magistrate Judge Leda Dunn Wettre granted final approval of the settlement on June 22. The settlement provides $325 to each class member, except those who were jailed on nonindictable drug offenses, who will receive $200. The settlement also provides for the county to pay $300,000 toward initial costs for notice and administration of the settlement, plus $800,000 for counsel fees and expenses, and a fee of $20,000 to Sanchez.

The plaintiffs and the class were represented by Lawrence Friscia of Newark, along with Albany, New York, attorney Elmer Keach III, and Charles LaDuca and Alexandra Warren of Cuneo, Gilbert & LaDuca in Washington.

Alan Ruddy and Lina Dedulin of the Essex County Counsel’s Office represented the county. County Counsel Courtney Gaccione said that while the maximum size of the settlement is $5.7 million, the county’s actual payout will likely come in at around $1.3 million. In addition, settlement administration costs are likely to come in at far less than $300,000, she said.

A total of 768 people, which is around 2.6% of potential class members, responded to a notice of settlement, which is far less than a typical response of 20% in such cases, said Gaccione. The exact amount of the settlement cost has yet to be determined, based on the two levels of compensation, and on calculation of child support obligations, she said. In addition, the county has changed its inmate search practices by installing scanner machines at the jail to check arrestees for contraband, she said.

Essex County halted its blanket strip search practice in January 2018 and agreed not to continue the practice in the future as long as the law does not change, the settlement agreement said. The county acknowledged that its change in practice was made, in part, because of the lawsuit.

The settlement covers strip searches from May 15, 2013, until Jan. 1, 2018. Class members were considered to be strip-searched if they were required to remove or rearrange their clothing for a visual inspection of their undergarments, buttocks, anus, genitals or breasts.

Wettre said no objections to the settlement were made going into a June 22 fairness hearing.

Given the size of the settlement, Wettre wrote, “this Court finds that the lack of objections is indicative of the fairness, reasonableness and adequacy of the settlement with the Defendants.”

Litigation related to strip search practices in county jails has been a common theme in New Jersey. Similar allegations are raised in class actions that were filed on behalf of inmates at the Salem County Jail and the Camden County Jail. In 2018, a $1.5 million settlement was reached in a class action over illegal strip searches at the Burlington County Jail.