Filed Date: Oct. 25, 1990
Closed Date: 1994
Clearinghouse coding complete
On October 25, 1990, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and New Hampshire law against the Chief of the Durham Police Department, two police sergeants, one police officer, the supervisor of the Strafford County House of Correction, two correctional sergeants, and one correctional officer in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged Defendants strip-searched her in violation of the Fourth Amendment.
On October 22, 1988, Plaintiff was taken into protective custody because she was intoxicated. Plaintiff was strip-searched according to Strafford County House of Correction (SCHC) policy which required that all arrestees be strip-searched. The officers had no specific suspicion that she concealed contraband.
On April 26, 1993, Plaintiff filed a motion for partial summary judgment as to her 42 U.S.C. § 1983 claim against Defendant Strafford County.
On August 24, 1993, the District Court (Senior Judge Shane Devine) granted partial summary judgment to Plaintiff as to her 42 U.S.C. § 1983 claim against Defendant Strafford County. The Court held: (1) Defendants' strip search policy violated the Fourth Amendment because it did not require individualized suspicion that detainees were concealing contraband, and (2) strip search of Plaintiff violated the Fourth Amendment.
Kidd v. Gowen, 829 F.Supp. 16 (D.N.H. 1993).
On February 24, 1994, the remainder of the case settled.
Summary Authors
Shira Gordon (3/24/2012)
Devine, Shane (New Hampshire)
Foley, Richard N. (New Hampshire)
Loring, James P. (New Hampshire)
Dunnington, Thomas C. Jr. (New Hampshire)
Lindh, George W. (South Carolina)
Last updated March 25, 2025, 8:08 a.m.
State / Territory: New Hampshire
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 25, 1990
Closing Date: 1994
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Woman who was taken into protective custody based on a determination that she was intoxicated and who was strip searched at the Strafford County House of Correction, as per the jail's policy.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Strafford County, NH (Strafford), County
Durham Police Department (Strafford), City
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
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Form of Settlement:
Issues
General/Misc.:
Affected Sex/Gender(s):
Policing: