Case: Regan v. Salt Lake County

2:80-cv-00131 | U.S. District Court for the District of Utah

Filed Date: March 6, 1980

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On March 6, 1980, plaintiffs filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, alleging that Salt Lake County Sheriff's Office was engaging in a policy and practice of subjecting certain female detainees to strip searches and, in some cases, vaginal searches where there was not probable cause to believe that the detainees were concealing a weapon or contraband. Plaintiffs alleged that the practice violated the First, Fourth, Fifth, E…

On March 6, 1980, plaintiffs filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, alleging that Salt Lake County Sheriff's Office was engaging in a policy and practice of subjecting certain female detainees to strip searches and, in some cases, vaginal searches where there was not probable cause to believe that the detainees were concealing a weapon or contraband. Plaintiffs alleged that the practice violated the First, Fourth, Fifth, Eighth, Ninth, and Fourteenth Amendments of the United States Constitution. (We do not have copies of the early pleadings from this case and, so, lack information regrding counsel and the precise relief sought.)

After two years of litigation, the parties entered into a Consent Decree, which was approved by the Court on July 13, 1982. The Consent Decree imposed procedural and substantive requirements on Salt Lake County Sheriff's Office with respect to the conduct of strip searches in the County's jails. The Decree remained in force for over 20 years.

On November 3, 2004, the Sheriff moved to terminate the Consent Decree under the Prison Litigation Reform Act ("PLRA"), 18 U.S.C.S. § 3626(b)(1)(A)(iii). Represented by private counsel and the ACLU Foundation, Inc., plaintiffs opposed the motion and asked the Court to appoint an expert to inspect the jails to determine whether there were any ongoing constitutional violations. The District Court (District Judge Bruce S. Jenkins) denied the motion and ordered counsel for the Sheriff to analyze the current jail detainee strip search policy in light of the requirements of the Consent Decree and to show the Court that the current policy was constitutional.

After reviewing his policy, the Sheriff filed on January 12, 2005, a second motion to terminate the Decree. He attached relevant sections of the jail policy manual to the motion and argued that they showed constitutional practices. In October 2005, a supplemental pleading filed by the defendant at the court's request detailed current jail strip search policies in comparison with the decree. By unpublished order dated December 11, 2006, Judge Jenkins granted the termination request without an evidentiary hearing, finding that plaintiffs failed to allege specific facts which constituted current and ongoing constitutional violations, depite their having the post-motion opportunity to discover violations.

We have no further information about this case.

Summary Authors

Dan Dalton (2/12/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4700136/parties/regan-v-county-of-salt-lake/


Judge(s)

Jenkins, Bruce Sterling (Utah)

Attorneys(s) for Plaintiff

Anderson, Robert M. (Utah)

Plane, Margaret D. (Utah)

Attorneys(s) for Defendant

Holden, Patrick F. (Utah)

Soltis, John P. (Utah)

Yocom, David E. (Utah)

Judge(s)

Jenkins, Bruce Sterling (Utah)

Attorneys(s) for Plaintiff

Anderson, Robert M. (Utah)

Plane, Margaret D. (Utah)

Attorneys(s) for Defendant

Holden, Patrick F. (Utah)

Soltis, John P. (Utah)

Yocom, David E. (Utah)

Documents in the Clearinghouse

Document

2:80-cv-00131

Docket

Judith Regan v. County of Salt Lake

Dec. 11, 2006

Dec. 11, 2006

Docket

2:80-cv-00131

Plaintiffs' Memorandum in Opposition to Defendants' Motion to Terminate Consent Decree

Nov. 1, 2004

Nov. 1, 2004

Pleading / Motion / Brief

2:80-cv-00131

Plaintiffs' Motion for Appointment of an Expert to Review Jail Procedures and Complaints and Opposition to Defendants' Motion to Terminate Consent Decree

Nov. 1, 2004

Nov. 1, 2004

Pleading / Motion / Brief

2:80-cv-00131

Plaintiffs' Motion in Opposition to Defendants' Second Motion to Terminate Consent Decree

Feb. 11, 2005

Feb. 11, 2005

Pleading / Motion / Brief
139

2:80-cv-00131

Defendants' Supplemental Memorandum

Regan, et al. v. County of Salt Lake, et al.

Oct. 20, 2005

Oct. 20, 2005

Pleading / Motion / Brief
141

2:80-cv-00131

Memorandum Opinion and Order

Regan, et al. v. County of Salt Lake, et al.

Dec. 11, 2006

Dec. 11, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4700136/regan-v-county-of-salt-lake/

Last updated Aug. 24, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
137

NOTICE of Appearance by Patrick F. Holden, John P Soltis on behalf of all defendants (rlr, ) (Entered: 06/15/2005)

June 13, 2005

June 13, 2005

138

ORDER to Supplement the Record-Counsel for Dft should file said document with the court within 10 days, with copies to Plas' counsel. Signed by Judge Bruce S. Jenkins on 10/18/05. (jmr ) (Entered: 10/20/2005)

Oct. 18, 2005

Oct. 18, 2005

139

Supplemental Memorandum requested by 138 Order filed by Defendants County of Salt Lake, City of Salt Lake City, Darrell B. Brady, Robert Salter, William Hutchinson, William Dunn. (jmr) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

140

ORDER GRANTING Motion for Withdrawal of Counsel for Ross C. Anderson, effective nunc pro tun as of 12/30/04 . Signed by Judge Bruce S. Jenkins on 11/3/05. (jmr ) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

141

MEMORANDUM DECISION - it is ordered that Defendants Second Motion to Terminate is Granted. Signed by Judge Bruce S. Jenkins on 12/11/06. (ce, )

Dec. 11, 2006

Dec. 11, 2006

RECAP

Case Details

State / Territory: Utah

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 6, 1980

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female detainees who were subjected to strip-searches and/or vaginal searches at the Salt Lake County Jail where there was not probable cause of a concealed weapon or other contraband.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Salt Lake County Sheriff's Department (Salt Lake), County

County of Salt Lake (Salt Lake City, Salt Lake), County

City of Salt Lake City (Salt Lake City, Salt Lake), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 2006

Issues

General:

Search policies

Strip search policy

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run