×
You have 2 more free articles available this month. Subscribe today.
Illinois Jail’s Strip Search Policy Unconstitutional
Illinois Jail's Strip Search Policy Unconstitutional
by Michael Rigby
On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the way for a potential multi-million dollar damage award.
In May 2003, Javar Calvin, William Moore and Charles Davis filed suit in the U.S. District Court for the Northern District of Illinois pursuant to 42 U.S.C. § 1983, challenging the Will County Adult Detention Facility's policy of strip searching all arrestees regardless of their supposed offense and without any individualized suspicion.
All three plaintiffs were strip searched at the jail following their arrest on what turned out to be erroneous failure to appear warrants. Within two days a judge had ordered their release. Before this happened, however, each plaintiff had been returned to the jail for processing, where they were strip searched again.
On May 17, 2004, Judge Robert Gettleman granted the plaintiffs motion for class action certification. The class consisted of two subclasses of prisoners who were strip searched at the jail after May 7, 2001 -- those arrested for minor offenses such as traffic violations, and those returned to the jail for processing following their release by a judge.
Jail officials had contended the strip searches were necessary because space constraints caused minor offenders and those slated for release to be housed with the general population.
Judge Gettleman disagreed. Strip searches are "inherently invasive," he wrote in a 26-page opinion granting summary judgment to the plaintiffs. "Administrative concerns such as "space constraints" are not sufficient to justify blanket strip search policies."
Kenneth Flaxman, attorney for the plaintiffs, nicely summed up the jail's search policy: "It's goofy," he said.
After Gettleman's ruling the jail stopped strip searching prisoners held on misdemeanor failure to appear warrants, according to a sheriff's spokesman. The jail had stopped pre-release strip searches in September 2004.
Damages in the lawsuit could top $4 million, with each of the 4,000 to 5,000 class members receiving $500 to $1,000, Flaxman estimated. Will County officials have decided to waste additional taxpayer money by appealing. See: Calvin v. Sheriff of Will County, 405 F.Supp.2d 933 (N.D.Ill. 2005).
The District Court subsequently granted the defendants' motion to amend its Dec. 16, 2005 order, to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). See: Calvin v. Sheriff of Will County, USDC ND IL, 2006 WL 1005141.
Additional sources: Chicago Tribune, suntimes.com
by Michael Rigby
On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the way for a potential multi-million dollar damage award.
In May 2003, Javar Calvin, William Moore and Charles Davis filed suit in the U.S. District Court for the Northern District of Illinois pursuant to 42 U.S.C. § 1983, challenging the Will County Adult Detention Facility's policy of strip searching all arrestees regardless of their supposed offense and without any individualized suspicion.
All three plaintiffs were strip searched at the jail following their arrest on what turned out to be erroneous failure to appear warrants. Within two days a judge had ordered their release. Before this happened, however, each plaintiff had been returned to the jail for processing, where they were strip searched again.
On May 17, 2004, Judge Robert Gettleman granted the plaintiffs motion for class action certification. The class consisted of two subclasses of prisoners who were strip searched at the jail after May 7, 2001 -- those arrested for minor offenses such as traffic violations, and those returned to the jail for processing following their release by a judge.
Jail officials had contended the strip searches were necessary because space constraints caused minor offenders and those slated for release to be housed with the general population.
Judge Gettleman disagreed. Strip searches are "inherently invasive," he wrote in a 26-page opinion granting summary judgment to the plaintiffs. "Administrative concerns such as "space constraints" are not sufficient to justify blanket strip search policies."
Kenneth Flaxman, attorney for the plaintiffs, nicely summed up the jail's search policy: "It's goofy," he said.
After Gettleman's ruling the jail stopped strip searching prisoners held on misdemeanor failure to appear warrants, according to a sheriff's spokesman. The jail had stopped pre-release strip searches in September 2004.
Damages in the lawsuit could top $4 million, with each of the 4,000 to 5,000 class members receiving $500 to $1,000, Flaxman estimated. Will County officials have decided to waste additional taxpayer money by appealing. See: Calvin v. Sheriff of Will County, 405 F.Supp.2d 933 (N.D.Ill. 2005).
The District Court subsequently granted the defendants' motion to amend its Dec. 16, 2005 order, to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). See: Calvin v. Sheriff of Will County, USDC ND IL, 2006 WL 1005141.
Additional sources: Chicago Tribune, suntimes.com
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal cases
Calvin v. Sheriff of Will County
| Year | 2006 |
|---|---|
| Cite | USDC ND IL, 2006 WL 1005141 |
| Level | District Court |
| Injunction Status | N/A |
Calvin v. Sheriff of Will County
| Year | 2005 |
|---|---|
| Cite | 405 F.Supp.2d 933 (N.D.Ill. 2005) |
| Level | District Court |
| Injunction Status | N/A |