Augustin v. Jablonsky
819 F. Supp. 2d 153
E.D.N.Y2011Background
- Defendants move to decertify the damages class now that common general damages have been resolved.
- Plaintiffs seek class-wide determination of garden-variety emotional distress damages and an expedited single trial.
- Court previously certified a class for liability and general damages ($500 per strip search) after extensive proceedings.
- A separate phase for 'special' damages was anticipated, with the possibility of bifurcated proceedings or subclasses.
- Plaintiffs argue general damages include humilation/mental distress; defendants contend emotional distress beyond inseparable injury is individual.
- Court grants defendants’ motion to decertify the class for remaining damages and outlines management of the residual proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the damages class should be decertified | Plaintiffs seek continued class treatment for garden-variety damages. | Decertify the class since only individualized damages remain. | Decertification granted; damages must be pursued individually. |
| Whether emotional distress beyond inseparable injury can be awarded on a class-wide basis | Humiliation and distress presumed from the strip search support class-wide general damages. | Such damages are inherently individualized and cannot be class-wide. | Not permissible on a class-wide basis; must be proven individually. |
Key Cases Cited
- In re Nassau County Strip Search Cases, 461 F.3d 219 (2d Cir. 2006) (certified liability and general damages; discussed damages framework)
- Kerman v. City of New York, 374 F.3d 93 (2d Cir. 2004) (injury requiring compensatory damages after constitutional violation)
- Robinson v. Metro-North Railroad Co., 267 F.3d 147 (2d Cir. 2001) (disparate treatment damages context; class-wide considerations)
- Berger v. IronWorkers Reinforced Rodmen Local 201, 170 F.3d 1111 (D.C. Cir. 1999) (emotional distress in class actions; class-wide implications)
- McBean v. City of New York, 260 F.R.D. 120 (S.D.N.Y. 2009) (strip search class and damages considerations; context cited)
- Dodge v. County of Orange, 226 F.R.D. 177 (S.D.N.Y. 2005) (bifurcated damages; common liability with individualized damages)
- Maneely v. City of Newburgh, 208 F.R.D. 69 (S.D.N.Y. 2002) (common liability; individual damages later)
- Langley v. Coughlin, 715 F. Supp. 522 (S.D.N.Y. 1989) (presumptive damages discussion for prison conditions)
- Moore-McCormack Lines, Inc. v. Richardson, 295 F.2d 583 (2d Cir. 1961) (pain-and-suffering awards; across-the-board measures discussed)
- Three Mile Island Litig., 87 F.R.D. 433 (M.D. Pa. 1980) (emotional distress damages considered on a plaintiff-by-plaintiff basis)