Case: Logan v. Shealy

1:80-cv-00210 | U.S. District Court for the Eastern District of Virginia

Filed Date: March 4, 1980

Closed Date: Feb. 22, 1982

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Case Summary

A woman who was strip searched after refusing to take a breathalyzer test after an arrest for a DWI brought this action in the Eastern District of Virginia against Arlington County and various judicial, prosecutorial, and law enforcement officers to challenge the County’s blanket strip search policy for all arrestees. The plaintiff, represented by private counsel, alleged violations of the Fourth Amendment right to be free from unreasonable search and the Fifth Amendment right to counsel based …

A woman who was strip searched after refusing to take a breathalyzer test after an arrest for a DWI brought this action in the Eastern District of Virginia against Arlington County and various judicial, prosecutorial, and law enforcement officers to challenge the County’s blanket strip search policy for all arrestees. The plaintiff, represented by private counsel, alleged violations of the Fourth Amendment right to be free from unreasonable search and the Fifth Amendment right to counsel based on a claim that she was not allowed to consult an attorney. She sought declaratory and injunctive relief. The case was assigned to Senior Judge Oren R. Lewis.

The district court granted directed verdicts and summary judgments against the plaintiff on September 30, 1980. Judge Oren held that the plaintiff’s right to counsel was not violated because she was allowed to call a lawyer after being formally charged and did not have a right to counsel prior to being strip searched. Further, the court held that the plaintiff failed to meet her burden to show that the County had exaggerated its response to genuine security consideration by activity the strip search practice. 500 F.Supp. 502.

The plaintiff appealed and the U.S. Court of Appeals for the Fourth Circuit affirmed in part and reversed and remanded in part on October 7, 1981. The court held that the plaintiff’s right to counsel had not been violated, but that the blanket strip search policy was unconstitutional and that, at a minimum, officers must have reasonable suspicion to believe a person is concealing contraband to warrant a strip search. 660 F.2d 1007.

The defendants appealed to the U.S. Supreme Court and requested a stay of the mandate of the Fourth Circuit. The request was denied by the Chief Justice but granted in a reapplication addressed to Justice Rehnquist. On December 9, 1981 Justice Rehnquist issued a temporary stay pending consideration of the application for stay by the full court and wrote that strip search policies need not be conditioned on probable cause. 102 S.Ct. 284. Rehnquist’s opinion did not persuade the rest of the court. The full court denied the application for the stay on December 11, 1981 and denied a petition for writ of certiorari on February 22, 1982. This case is closed.

Summary Authors

Robin Peterson (5/2/2023)

People


Judge(s)

Haynsworth, Clement Furman Jr. (South Carolina)

Attorney for Plaintiff

Ahern, Albert J. (Virginia)

Dolan, William D. III (Virginia)

Guidoboni, Thomas A. (Virginia)

Attorney for Defendant

Emrich, Jerry K. (Virginia)

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Documents in the Clearinghouse

Document

1:80-cv-00210

Memorandum Opinion and Order

Logan v. Shealy, et al.

Sept. 30, 1980

Sept. 30, 1980

Order/Opinion

500 F.Supp. 500

80-01815

Opinion

U.S. Court of Appeals for the Fourth Circuit

Oct. 7, 1981

Oct. 7, 1981

Order/Opinion

660 F.2d 660

81-00480

Opinion [Granting Temporary Stay]

Clements v. Logan

Supreme Court of the United States

Dec. 9, 1981

Dec. 9, 1981

Order/Opinion

454 U.S. 454

81-01042

Opinion [Vacating Stay of 12/09/1981)

Clements v. Logan

Supreme Court of the United States

Dec. 9, 1981

Dec. 9, 1981

Order/Opinion

454 U.S. 454

Docket

Last updated April 3, 2024, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Virginia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 4, 1980

Closing Date: Feb. 22, 1982

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was arrested for driving while intoxicated, and she refused to take a breathalyzer test. She was later strip-searched at the Alrington County sheriff's office and allegedly not allowed to speak with an attorney.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arlington County (Arlington), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Access to lawyers or judicial system

Search policies

Policing:

Strip search policy (policing)