Augustin v. Nassau County Sheriff's Department
783 F.3d 414
2d Cir.2015Background
- Plaintiffs (consolidated actions) alleged Nassau County’s blanket policy of strip-searching individuals arrested for misdemeanors or non-criminal offenses violated federal and state constitutions. Nassau County conceded liability for many years.
- The district court granted class certification on liability and later granted summary judgment for plaintiffs on liability; a bench trial was held on damages.
- Before final judgment, the Supreme Court decided Florence v. Bd. of Chosen Freeholders, holding that some jail strip searches without individualized suspicion may be constitutional. Nassau County moved to vacate the federal-claim summary judgment based on Florence.
- The district court vacated the federal constitutional ruling but retained the state-law judgment, entered final judgment awarding $11.5 million, and ordered Nassau County to deposit the funds. Cross-appeals were filed.
- The district court stayed enforcement for 180 days (or indefinitely upon posting a bond), expressing concern about timely payment to the class; Nassau County moved to stay without posting a bond.
- The Second Circuit granted Nassau County’s motion to stay enforcement pending appeal without requiring a supersedeas bond, adopting and applying factors from Dillon v. Chicago.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a supersedeas bond or deposit is required to stay judgment pending appeal under Fed. R. Civ. P. 62(d) | Bond or deposit should be required to secure plaintiffs’ timely recovery and protect enforcement | Bond should be waived because Nassau County has appropriated funds and will pay if the judgment is affirmed; bond would be unnecessary and costly | Court waived bond requirement and stayed judgment pending appeal without condition |
| Whether Florence nullifies Nassau County’s concession of federal liability | Plaintiffs contended state-law claim remains and district court correctly retained state judgment | Nassau County argued Florence warranted vacating federal summary judgment and dismissal of case | District court vacated federal-claim judgment based on Florence but left state-law judgment in place; appeals pending |
Key Cases Cited
- Florence v. Bd. of Chosen Freeholders, 566 U.S. 747 (2012) (holding certain jail strip searches may be constitutional)
- Shain v. Ellison, 273 F.3d 56 (2d Cir. 2001) (holding blanket strip-search policy violated Fourth Amendment)
- Hilton v. Braunskill, 481 U.S. 770 (1987) (stay factors for injunctions and stays pending appeal)
- Dillon v. Chicago, 866 F.2d 902 (7th Cir. 1988) (enumerating factors for waiving supersedeas bond)
- Olympia Equip. Leasing Co. v. Western Union Tel. Co., 786 F.2d 794 (7th Cir. 1986) (waiver of bond appropriate when defendant’s ability to pay is plain)
- Cleveland Hair Clinic, Inc. v. Puig, 104 F.3d 123 (7th Cir. 1997) (purpose of supersedeas bond to protect prevailing party’s eventual recovery)
- Acevedo-Garcia v. Vera-Monroig, 296 F.3d 13 (1st Cir. 2002) (no bond required when defendant’s ability to pay is plain or bond would harm other creditors)