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AUGUSTIN v. JABLONSKY

Nos. CV 99-3126 (DRH)(ARL), CV 99-2844 (DRH)(ARL), CV 99-4238 (DRH)(ARL).

819 F.Supp.2d 153 (2011)

Gardy AUGUSTIN, Heidi Kane, Mary Katherine Pugliese, Gregg Wills, Steven Roth, Oscar Avelar, Ralph Diliello, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Joseph JABLONSKY, individually and as Nassau County Sheriff, John and Jane Does No. 1-100, and County of Nassau, a municipal corporation, Defendants. Francis O'Day and Stuart Moskowitz, individually and on behalf of all others similarly situated, Plaintiffs, v. Nassau County, Nassau County Sheriff's Department, Division of Correction, Joseph Jablonsky, Nassau County Sheriff, and Jane/John Does Nos. 1-200, Defendants. John Iaffaldano, individually and on behalf of all others similarly situated, Plaintiff, v. The County of Nassau, The Nassau County Sheriff's Department, Division of Corrections, and Joseph P. Jablonsky, Sheriff of Nassau County, Defendants.

United States District Court, E.D. New York.

October 19, 2011.

Attorney(s) appearing for the Case

Robert L. Herbst, Esq., Oren Giskan, Esq., Giskan Solotaroff Anderson & Stewart LLP, Vera M. Scanlon, Esq., Beldock Levine & Hoffman LLP, Matthew D. Brinckerhoff, Esq., Mariann Wang, Esq., Emery Celli Brinckerhoff & Abady LLP, Jeffrey G. Smith, Esq., Martin Restituyo, Esq., Wolf Haldenstein Adler Freeman & Herz, LLP, New York, NY, for Plaintiffs.

Dennis J. Saffron, Esq., Liora Ben-Sorek, Esq., John Ciampoli, Nassau County Attorney, Mineola, NY, for Defendants.

HURLEY, Senior District Judge:

Presently before the Court is a motion by defendants seeking "to decertify the class going forward now that the issue of common general damages upon which the Court based class certification has been resolved." (Defs.' Mem. at 1.)1 Plaintiffs oppose the application, asserting that the Court can (and should) compensate class members for damages stemming from "garden-variety emotional distress, shame and humiliation...

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