Case: Hunter v. Auger

4:79-00192 | U.S. District Court for the Southern District of Iowa

Filed Date: April 26, 1979

Clearinghouse coding complete

Case Summary

In 1979, three prison visitors filed a lawsuit under 42 U.S.C. § 1983 against correctional officers at Iowa State Men's Reformatory and Iowa State Penitentiary in the U.S. District Court for the Southern District of Iowa. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging violations of their Fourth Amendment rights to be free from strip searches during their visits to the institution. On February 26, 1981, the District Court (Judge …

In 1979, three prison visitors filed a lawsuit under 42 U.S.C. § 1983 against correctional officers at Iowa State Men's Reformatory and Iowa State Penitentiary in the U.S. District Court for the Southern District of Iowa. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging violations of their Fourth Amendment rights to be free from strip searches during their visits to the institution.

On February 26, 1981, the District Court (Judge Harold D. Vietor) found for the defendants, holding that "neither the strip search policies nor their application of the plaintiffs in this case violated plaintiff's Fourth Amendment rights to be free from unreasonable searches." Hunter v. Auger, No. 79-192-2 (S.D. Iowa Feb. 26, 1981). The plaintiffs appealed.

On March 11, 1982, Eighth Circuit Court of Appeals (Judge Jesse S. Henley) reversed and remanded. Hunter v. Auger, 672 F.2d 668 (8th Cir. 1982). Judge Henley held that an anonymous and uncorroborated tip was insufficient to constitute reasonable suspicion to justify strip searches.

The docket for this case in unavailable on PACER and therefore our information ends with the Eighth Circuit's 1982 decision.

Summary Authors

Rebekah Henn Sullivan (8/10/2005)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Harris, Oren (Arkansas)

Henley, Jesse Smith (Missouri)

Attorneys(s) for Plaintiff

Allen, Gordon E. (Iowa)

Attorneys(s) for Defendant

Black, John G. (Iowa)

Brenneise, Craig S. (Iowa)

Miller, Thomas J. (Iowa)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Harris, Oren (Arkansas)

Henley, Jesse Smith (Missouri)

Attorneys(s) for Plaintiff

Allen, Gordon E. (Iowa)

Attorneys(s) for Defendant

Black, John G. (Iowa)

Brenneise, Craig S. (Iowa)

Miller, Thomas J. (Iowa)

Documents in the Clearinghouse

Document

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

672 F.2d 668, 1982 U.S.App.LEXIS 21105

March 11, 1982 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 26, 1979

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison visitors seeking damages and declaratory and injunctive relief for violation of their Fourth Amendment rights to be free from strip searches during visits to the institution

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Men's Reformatory, State

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1982 - None

Issues

General:

Search policies

Visiting

Type of Facility:

Government-run