639 F. App'x 746
2d Cir.2016Background
- Plaintiffs are a certified class of ~17,000 persons strip-searched at Nassau County Correctional Center (NCCC) on admission under a pre-1999 blanket policy that applied to new admits regardless of charge.
- Shain v. Ellison held that misdemeanor arrestees remanded to local jails have a Fourth Amendment right to be free from strip searches absent reasonable suspicion; defendants conceded collateral estoppel based on Shain.
- The District Court certified the class as to liability and entered summary judgment for plaintiffs on federal and state claims based on defendants’ concession.
- After that judgment, the Supreme Court decided Florence v. Board of Chosen Freeholders, holding that certain jail strip-search policies were reasonable under the Fourth Amendment.
- Defendants moved under Rule 54(b) to vacate the prior summary judgment as an intervening change in controlling law; the District Court found Florence changed federal-law controlling precedent but did not control New York state constitutional law.
- The Second Circuit affirmed: Florence altered controlling federal law (abrogating Shain as to federal claims) but does not control interpretation of Article I, § 12 of the New York Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florence is an intervening change of controlling law affecting prior summary judgment on federal claims | Shain remains controlling; Florence is narrow and inapplicable to new-admit housing at NCCC | Florence abrogates Shain and is a change of controlling federal law warranting revision under Rule 54(b) | Florence is an intervening change of controlling law for federal claims; prior federal-liability judgment reversed |
| Whether Florence controls state-law claims under NY Const. Art. I, § 12 | Florence should govern both federal and state search-and-seizure analyses | A U.S. Supreme Court decision interpreting the Federal Constitution cannot control independent state constitutional interpretation | Florence does not control New York constitutional claims; state-law judgment remains unaffected |
| Whether plaintiffs fall into Florence’s exceptions (detainees held apart from general population) | New-admit housing at NCCC functioned as segregated housing for misdemeanants, so Florence’s holding should not apply | New-admit housing was not segregated by offense; all new admits (felony and misdemeanor) were housed together, so Florence applies | Plaintiffs do not meet Florence’s narrow exceptions; the Supreme Court’s reasoning applies to these facts |
| Whether class predominance on federal claims survives given Florence | Plaintiffs contend class treatment remains appropriate | Defendants argue individual issues (e.g., magistrate review timing) undermine predominance post-Florence | District Court’s concerns about predominance supported; Florence undermines common-rule basis for class liability on federal claims |
Key Cases Cited
- Shain v. Ellison, 273 F.3d 56 (2d Cir. 2001) (recognized right of misdemeanor arrestees to be free from strip searches absent reasonable suspicion)
- In re Nassau Cty. Strip Search Cases, 461 F.3d 219 (2d Cir. 2006) (consolidated appellate treatment of class claims arising from NCCC strip-search policy)
- Florence v. Bd. of Chosen Freeholders of Cty. of Burlington, 132 S. Ct. 1510 (U.S. 2012) (upheld jail strip-search procedures as reasonable balancing privacy and institutional needs)
- In re Nassau Cty. Strip Search Cases, 958 F. Supp. 2d 339 (E.D.N.Y. 2013) (district court decision revising class-liability judgment in light of Florence)
- Bergerson v. N.Y. State Office of Mental Health, 652 F.3d 277 (2d Cir. 2011) (Rule 54(b) permits revision of interlocutory orders for intervening changes in controlling law)
- Gonzalez v. City of Schenectady, 728 F.3d 149 (2d Cir. 2013) (noting Shain is likely no longer good law after Florence)