Choquette v. City of New York
839 F. Supp. 2d 692
| S.D.N.Y. | 2012Background
- Plaintiffs sue under 42 U.S.C. § 1983 asserting Fourth and Fourteenth Amendment violations from a DOC policy of forced gynecological exams on female detainees at Rikers Island.
- Claims arise for exams conducted between 1999 and 2006; several plaintiffs joined as putative class members in McBean v. City of New York and related actions.
- McBean litigation included a 2005 settlement class for strip searches; gynecological exam claims were not included in that settlement, but were pursued via intervenor actions.
- A 2007 settlement created strip search classes; it did not expressly resolve gynecological exam claims, which remained pending in other proceedings.
- A 2010 McBean settlement dismissed all gynecological exam class claims with prejudice and finalized the end of American Pipe tolling for those claims.
- Plaintiffs filed separate individual suits beginning in 2010–2011; defendants moved to dismiss as time-barred but Goldsmith’s claims concerning 2004–2005 exams survived initially.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did American Pipe tolling for gynecological claims end? | Tolling continued until final dismissal in 2010 (or at least until preliminary approval in 2010). | Tolling ended on October 4, 2007, upon the 2007 Settlement Agreement. | Tolling ended on October 22, 2010, with final approval of the 2010 Settlement Agreement. |
| Did the 2007 Settlement Agreement trigger cessation of tolling for gynecological claims? | No; tolling persisted because claims were still potentially pursued and not definitively excluded. | Yes; the 'whereas' clause indicated gynecological claims were not being pursued in the class action. | No; 2007 Agreement did not end tolling before final settlement approved in 2010. |
| Is Crown/IPO framework applicable to tolling end in this § 1983 context? | American Pipe tolling should continue until definitive class-action decision excludes the claims. | The rule should be that tolling ends when class counsel signals abandonment. | American Pipe tolling ends only when a class is definitively excluded or the plaintiff opts out; tolling remained until 2010. |
| Are Goldsmith’s two 2004–2005 exam claims timely under tolling? | Tolling covers these claims due to McBean origins. | Time-barred absent tolling through 2007–2010. | Goldsmith’s claims are timely under continued tolling through 2010. |
Key Cases Cited
- American Pipe & Construction Co. v. Utah, 414 U.S. 538 (U.S. 1974) (class action tolling suspends statute for members unless they opt out or are excluded)
- Crown v. Parker, 462 U.S. 345 (U.S. 1983) (tolling ends upon class certification denial or opt-out; continued notice benefits defendants)
- In re WorldCom Securities Litigation, 496 F.3d 245 (2d Cir. 2007) (American Pipe tolling ends only when class certification decision excludes the plaintiff)
- In re Initial Public Offering Securities Litigation (IPO I), 617 F. Supp. 2d 195 (S.D.N.Y. 2007) (tolling persists where a definitive class decision remains unsettled)
- In re Initial Public Offering Securities Litigation (IPO II), 544 F. Supp. 2d 277 (S.D.N.Y. 2008) (continued tolling where class action status remains open or undecided)
- Cullen v. Margiotta, 811 F.2d 698 (2d Cir. 1987) (NY tolling principles; American Pipe tolling applied to §1983 actions in New York)
- Ghartey v. St. John's Queens Hosp., 869 F.2d 160 (2d Cir. 1989) (12(b)(6) dismissal when statute of limitations clearly bars action)
- Bd. of Regents v. Tomanio, 446 U.S. 478 (U.S. 1980) (general tolling and limitations principles for § 1983 actions)