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Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Article • May 15, 2007
Class Action Allowed in County Jail Strip Search Cases by The U.S. Court of Appeals for the First Circuit has approved class certification in two jail strip search cases. The cases were both brought in the U.S. District Court for the District of Maine and challenged the strip search policies …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
Article • May 15, 2007
Stripping Detainees Naked for Hours States Claim by The plaintiffs are arrestees who refused to answer suicide screening questions. They were treated as posing a suicide risk and were placed in a cell completely naked for periods from 6 to 18 hours, subjected to video surveillance and in most cases …
Article • May 15, 2007
Partial Disrobing Qualifies as Strip Search by Strip searches incident to arrest must be justified by facts pertaining to the particular arrest, such as the nature of the charge or other circumstances, but cannot be justified by factors relating to the correctional facility. Therefore the commingling of misdemeanor arrestees with …
Article • May 15, 2007
Student Strip Search Upheld Due To Vulgar Leaflet by Student Strip Search Upheld Due To Vulgar Leaflet Strip searches of arrestees must be supported by reasonable suspicion of weapons or contraband. There was reasonable cause to strip search a high school student who was arrested after helping create and circulate …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
Article • May 15, 2007
Fifth Circuit Upholds Damages in Strip Search Suit by The three plaintiffs (along with about 100 others) were detained for about three hours and strip searched during the execution of a search warrant at a night club. The strip searches were unlawful absent individualized reasonable suspicion or probable cause (the …
Preliminary Injunction Issued, Class Certified in NY Jail Strip Searches by This opinion follows the hearing planned in the previous opinion. The evidence showed that the defendants had nominally changed their policy from one of strip searching everyone brought to the jail to strip searching only those who met one …
$825,000 Attorney Fee Award in Maine Strip-Search Settlement by In a class action strip-search case that settled for $3.3 million, a federal court in Maine awarded class counsel attorney fees totaling 25 percent of the settlement, or $825,000. The court directed counsel to provide documentation supporting accrued and projected litigation …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
Article • May 15, 2007
Catalyst Theory Allows Fees in Strip Search Suit by The court of appeals for the Fourth circuit held that a plaintiff who voluntarily dismissed a lawsuit challenging a Virginia jail strip search policy, after state law was changed to ban such searches, was entitled to attorney fees for time spent …
Article • May 15, 2007
California Jail Strip Search States Claim by The court of appeals for the Ninth circuit held that jail strip search policies must be based on reasonable suspicion that the individual arrestee is concealing contraband on their person. A misdemeanor arrest requires "some other justification" for a strip search beyond the …
Article • May 15, 2007
Jail Strip Search Damage Award Upheld by The court of appeals for the Seventh circuit affirmed a damage award in a Chicago, Illinois, jail strip search case. A 53 year old grandmother was arrested on misdemeanor charges and subjected to a visual strip search upon entering the jail. A jury …
Article • May 15, 2007
TX Jail Liable for Strip Searches by The court of appeals for the Fifth circuit affirmed an injunction, damage and attorney fee awards against the Lubbock county jail. Two women were arrested on misdemeanor charges and when brought to the Lubbock jail they were strip searched. The jail policy was …
Article • May 15, 2007
NE Jail Liable for Strip Searches by The court of appeals for the Eighth circuit held that a Nebraska jail policy of strip searching all arrestees was unconstitutional. Plaintiff was arrested for dog leash violations and strip searched when brought to jail. District court entered judgment for defendants. Appeals court, …
Article • May 15, 2007
Virginia Jail Strip Searches Illegal by The court of appeals for the Fourth circuit held it was unconstitutional to strip search Virginia detainees arrested for traffic and other minor offenses. Probable cause that the person is carrying contraband is required before such strip searches can occur. Case was reversed and …
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