Skapik Law Group is proud to announce a major victory in the federal class action lawsuit Fitzgerald v. Pollard, securing a $3.5 million settlement on behalf of visitors to the Richard J. Donovan Correctional Facility (RJD) who were subjected to unconstitutional strip searches. The settlement earned the firm a Top 20 Civil Rights Settlement and #1 Prison Negligence Settlement in California for 2024 from TopVerdict.com.
The case, filed in the U.S. District Court for the Southern District of California, challenged RJD’s policy of requiring visitors to submit to unclothed body searches without individualized reasonable suspicion. Plaintiff Rhonda Fitzgerald, represented by Skapik Law Group, brought the action under 42 U.S.C. § 1983 (Civil action for deprivation of rights) and related state law claims after she was subjected to a degrading search while visiting an inmate in September 2019. The search, conducted without reasonable suspicion or justification, became the reason for challenging the facility’s unconstitutional policy and seeking justice for all similarly affected visitors.
The lawsuit alleged violations of the Fourth Amendment, arguing that RJD’s blanket strip-search policy intruded on the constitutional rights of visitors. The alleged practice was extremely intrusive towards prison visitors, and it was the Plaintiff’s position that the facility routinely subjected prison visitors to such unconstitutional searches absent any probable cause or reasonable suspicion, and despite the fact that less-intrusive means were readily available.
In the key litigation milestones of the case, the Court denied the defendants' motion to dismiss, allowing the proceedings to continue. Additionally, a defense motion for summary judgment met a similar fate, as it was also denied. A significant development occurred when class certification was granted, which included all visitors who had been subjected to similar searches at RJD since May 5, 2018. Furthermore, all attempts by the defendants to appeal or seek reconsideration were rejected.
After extensive litigation and discovery, the parties reached a settlement totaling $3.5 million. The Court issued its Final Approval Order on October 28, 2024, granting the settlement, attorneys’ fees and related relief.
“This case sends a powerful message that constitutional rights do not stop at the prison gate,” said Geralyn L. Skapik, lead counsel at Skapik Law Group. “The settlement not only provides long-overdue justice for hundreds of visitors but also ensures accountability for unlawful practices that stripped individuals of their dignity.”
About Skapik Law Group
Skapik Law Group is a full-service and trusted law firm dedicated to handling complex legal matters that profoundly affect clients’ lives. Since 2003, the firm has successfully represented thousands of individuals across Southern California in cases involving civil rights and police misconduct, employment law, CPS misconduct and catastrophic or life-altering personal injuries. With its main office in Chino Hills, Skapik Law Group proudly serves clients throughout San Bernardino County, Riverside County, Orange County and the greater Los Angeles area. The firm understands there are no second chances in litigation and is committed to delivering results with compassion, integrity and relentless advocacy. For more information or to discuss the specifics of a potential case, please visit www.skapiklaw.com or call (909) 398-4404.
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