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In re Nassau County Strip Search Cases Augustin

United States Court of Appeals, Second Circuit

April 17, 2015

IN RE NASSAU COUNTY STRIP SEARCH CASES GARDY AUGUSTIN, et al., Plaintiffs-Appellees-Cross-Appellants, --
v.
-- NASSAU COUNTY SHERIFF'S DEPARTMENT, et al., Defendants-Appellants-Cross-Appellees

Submitted December 23, 2014.

Page 415

Appellants Nassau County and certain county officials seek a stay, pending appeal, of an April 11, 2014 district court judgment, without being required to post a bond or comply with other conditions. Adopting and applying criteria to decide whether to waive the supersedeas bond requirement under Fed.R.Civ.P. 62(d), we GRANT Appellants' motion.

ROBERT LLOYD HERBST, NEW YORK, NEW YORK, for Plaintiff-Appellee-Cross-Appellant.

JONATHAN CLIFFORD MOORE, Beldock Levine & Hoffman LLP, New York, New York, for Plaintiff-Appellee-Cross-Appellant.

JEFFREY G. SMITH, Wolf Haldenstein Adler Freeman & Herz LLP, New York, New York, for Plaintiff-Appellee-Cross-Appellant.

MATTHEW D. BRINCKERHOFF, Emery Celli Brinckerhoff & Abady LLP, New York, New York, for Plaintiff-Appellee-Cross-Appellant.

ROBERT F. VAN DER WAGG AND GERALD R. PODLESAK, Office of the Nassau County Attorney, Mineola, New York, for Defendants-Appellants-Cross-Appellees.

Before: HALL, CHIN, and DRONEY, Circuit Judges.

OPINION

Page 416

PER CURIAM:

For more than a decade, the parties in this matter have litigated in the United States District Court for the Eastern District of New York the constitutionality of Nassau County's blanket policy of strip searching individuals arrested for misdemeanors or non-criminal offenses. The defendants, Nassau County municipal employees and entities (collectively, " Nassau County" ), conceded liability, and the district court (Hurley, J.) entered summary judgment on that issue. In 2012, however, the Supreme Court held in Florence v. Bd. of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012), that under certain circumstances, the Fourth Amendment does not prohibit such searches. In light of that decision, Nassau County moved to vacate the summary judgment order and to dismiss the case. The district court granted the motion as to the federal constitutional claim but denied the request as to the state constitutional claim and entered final judgment in favor of the plaintiffs.

After the parties filed cross-appeals, the district court, pursuant to Fed.R.Civ.P. 62(d), granted in part Nassau County's motion to stay enforcement of the judgment; the court imposed, however, a 180-day deadline to deposit funds or to post a bond over Nassau County's objections. Nassau County has moved to stay the district court's judgment pending appeal without being required to post a bond or comply with other ...


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