Summary Judgment in New Jersey Strip Search Class Action



Sean X. Kelly of our New Jersey office successfully obtained summary judgment in favor of Atlantic County in a long-running, putative class action law suit which challenged the constitutionality under the Fourth Amendment of the county’s policy of strip-searching incoming detainees to its jail.  We successfully argued that Atlantic City’s strip search policy did not violate the Fourth Amendment’s prohibition of unreasonable searches and seizure.  This extensive litigation included the filing of an amicus brief on behalf of Atlantic County in a related and successful appeal before the U.S. Supreme Court, in the case of Florence v. Board of Chosen Freeholders, 132 S. Ct. 1510 (2012), in which the constitutionality of such policies was established.  Prior to Florence, thirty years of case law had held the contrary, that the routine strip-search of non-indictable pre-trial detainees violated the Constitution.

Ana R. Ciobanescu

Associate | Philadelphia

PHONE 215-832-4297

  • Casualty Group
  • Employment Law, Municipal & Public Entity
  • Professional Liability

Ana R. Ciobanescu is an Associate with Marks, O’Neill, O’Brien, Doherty & Kelly. She is admitted to practice in Pennsylvania.

Ana graduated from Drexel University, College of Arts and Sciences in 2015. After graduating, she was a Victim/Services Coordinator the District Attorney’s Office of Philadelphia in the Victim and Witness Services Unit where she assisted victims of crime to navigate the criminal justice system. She later was a paralegal with the Insurance Fraud Unit tending to matters involving application and incident fraud as well as assisting in grand jury investigations. Ana graduated from Drexel University, Kline School of Law, in May 2022. During law school, Ana was an Executive Editor for Research and Production on Drexel Law Review and was on Drexel University’s nationally ranked Trial Team. Ana was also a certified legal intern with the Philadelphia Legal Assistance, Family Law Unit, where she represented clients in hearings involving both child custody and protection from abuse matters.

Ana first joined Marks O’Neill as a law clerk. As an Associate, she focuses on matters involving professional liability, employment law, and casualty liability claims.

Ana lives in Philadelphia with her boyfriend and their cat, Lenuta. Outside of the office, Ana enjoys trying new foods and restaurants, hiking, reading and listening to podcasts. 

Emily Marczak

Associate | New York City

PHONE 646-454-4890

  • Casualty Group
  • Healthcare & Catastrophic & Excess Loss
  • Construction Accident/Construction Defect
  • Professional Liability
  • Transportation/Trucking

Emily Marczak is an Associate with Marks, O’Neill, O’Brien, Doherty & Kelly.  She is admitted to practice in New York.

Emily graduated from Fordham University in 2018, with a bachelor’s degree in History, and minors in Economics and Psychology.  She attended Benjamin N. Cardozo School of Law, graduating in 2021.

During law school, Emily interned for the Better Business Bureau under their Direct Selling Self-Regulatory Council and applied FTC standards for advertising when evaluating companies’ earning and product claims. Additionally, she gained experience working on intellectual property matters by interning for a luxury fashion house and solo practitioner. Subsequently, she interned for a criminal law attorney, where she researched various issues for clients and assisted in drafting motions.

Prior to joining Marks O’Neill, Emily worked as an attorney at a boutique law firm where she handled a variety of transactional and litigation matters and focused her practice on employment and intellectual property law.

At Marks O’Neill, Emily brings her experience to the Casualty, Healthcare, Professional Liability, Construction and Transportation practice groups.

When not in the office, Emily enjoys reading, jogging, and going to concerts.

William D. Buckley

Of Counsel | New York City

PHONE 646-454-4865

  • Casualty Group
  • Construction Accident/Construction Defect

William D. Buckley is Of Counsel to Marks, O’Neill, O’Brien, Doherty & Kelly.  He is admitted to practice in New York, New Jersey, and Michigan.

Prior to graduation from Seton Hall University School of Law, Bill was a high school social studies teacher.  He completed his law degree in the evening division while serving as an assistant principal in Jersey City.  He then left education and moved on to judicial clerkships with Associate Justice Alan B. Handler of the Supreme Court of New Jersey in Trenton, and then in Detroit with United States District Judge Barbara K. Hackett in the Eastern District of Michigan.

A native of Long Island, Bill returned to New York in 1991 and practiced commercial litigation in two small Manhattan firms.  In 1995 he joined the appellate practice team of an international insurance carrier’s in-house defense attorneys who were representing the company’s insureds.  In 2000, he started a 23-year tenure as appellate counsel with a 25-lawyer New York defense firm, where he was responsible for all aspects of appeals on cases involving medical malpractice, other professional malpractice, premises liability, N.Y. Labor Law, products liability, claims of alleged violations of civil rights, insurance coverage, and commercial litigation.  He often appeared in the United States Court of Appeals for the Second Circuit and four of his cases reached the N.Y. Court of Appeals.

For most of his years in that firm, Bill was the office’s counsel to the Department of Psychiatry in a large inner-city hospital.  In addition to counseling the administration and psychiatrists on regulations and statutes, he handled all special proceedings and evidentiary hearings arising under the N.Y. Mental Hygiene Law that involved involuntary admission of patients to the hospital, judicial permission to treat patients who had lost the capacity to make their own reasoned decisions on psychiatric and medical care, and obtaining court orders to compel patients, under New York’s “Kendra’s Law,” to accept assisted outpatient treatment upon discharge from the hospital.

Bill loves teaching and was an adjunct member of the faculty of New York Law School between 2008 and 2013, where he ran a seminar on legal analysis and writing for students in the last semester of their legal education.  During his twenty-three years in a private firm, he was responsible for overseeing the training and work of their younger lawyers.  As appellate counsel he was responsible for research during trials and assisting lawyers with drafting and arguing complex motions.  He has frequently lectured on appellate practice and writing for continuing legal education programs and for eight years was a private tutor for Marino Bar Review.

Since his admission to practice, Bill has always participated in bar associations and the work of their committees.  He has been a member of the New York City Bar Association since 1991 and has sat on its Committees on Courts of Higher Jurisdiction, Professional Conduct of Attorneys, and Capital Punishment.  He is past secretary of the Committee on Appellate Courts  at  New York County Lawyers.  For over twenty years he was an arbitrator in the Small Claims Court of the Civil Court of the City of New York. 

Bill is active in the Society of the Friendly Sons of St. Patrick in the City of New York and the Equestrian Order of the Holy Sepulchre.  He has often served on the parish council of his church and over the course of years has been on the advisory board to the principals of three Catholic high schools (one in Michigan, two in New Jersey).  Since 2018 he has been a member of the Alumni Advisory Board of Le Moyne College.  He is president of the New York alumni club of Alpha Sigma Nu (the honor society for Jesuit colleges and universities). 

Bill keeps up with many alumni from his days in high school and college, former co-workers, old neighbors, and his siblings and many cousins.  He enjoys gathering with them for good conversation about his family’s genealogy, their vacations in Europe (or anywhere), and the latest books, articles, films, and documentaries on history, politics, and social issues.