Case: Jane Does v. City of Chicago

1:79-00789 | U.S. District Court for the Northern District of Illinois

Filed Date: March 1, 1979

Closed Date: Sept. 24, 1984

Clearinghouse coding complete

Case Summary

Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, filed on March 1, 1979. Jane Does v. City of Chicago, No. 79 C 789 (N.D. Ill. Jan. 12, 1982) That case resulted in a settlement in which the City of Chicago was permanently enjoined from instituting strip…

Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, filed on March 1, 1979. Jane Does v. City of Chicago, No. 79 C 789 (N.D. Ill. Jan. 12, 1982) That case resulted in a settlement in which the City of Chicago was permanently enjoined from instituting strip searches or body cavity searches on women and not on similarly situated men, and from performing strip searches of any person charged with a traffic, regulatory, or misdemeanor offense unless police reasonably believed that the arrestee was concealing weapons or contraband.

The three women were selected by the parties as typical cases to separate out for trial on the issue of damages. Jury trials were held and the women were awarded damages in the amounts of $25,000 and $60,000. Two of these cases, Tikalski v. City of Chicago and Hoffman v. City of Chicago are also in the Clearinghouse.

In one case, after a plaintiff prevailed, the district court granted the City a new trial on the grounds that one of the jury instructions was improper. The plaintiff appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the district court and reinstated the plaintiff's victory on August 2, 1982. 687 F.2d 175.

The City later appealed all their losses, but on November 29, 1983, the Seventh Circuit upheld the awards and the finding that the policy was unconstitutional. 723 F.2d 1263.

This case is now closed.

Summary Authors

Denise Heberle (3/28/2012)

Jonah Hudson-Erdman (8/25/2021)

Related Cases

Tikalski v. City of Chicago, Northern District of Illinois (1978)

Hoffman v. City of Chicago, Northern District of Illinois (1982)

People


Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Gibson, Floyd Robert (Missouri)

McMillen, Thomas Roberts (Illinois)

Neaher, Edward Raymond (New York)

Wood, Cynthia J. (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Grossman, Harvey (Illinois)

Joseph, Burton (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Gibson, Floyd Robert (Missouri)

McMillen, Thomas Roberts (Illinois)

Neaher, Edward Raymond (New York)

Wood, Cynthia J. (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Grossman, Harvey (Illinois)

Joseph, Burton (Illinois)

Lipton, Lois (Illinois)

Luecke, Mary Rita (Illinois)

McGann, William J. (Illinois)

Montgomery, James D. (Illinois)

Pagniucci, Arnold A. (Illinois)

Schatz, Andrew M. (Illinois)

Stein, Edward T. (Illinois)

Taylor, G. Flint (Illinois)

Attorneys(s) for Defendant

Quinlan, William R. (Illinois)

Rochford, Mary K. (Illinois)

Siegan, Jerome A (Illinois)

Documents in the Clearinghouse

Document

1:79-00789

Docket

Jane Does 1-05 v. City of Chicago

March 21, 1991

March 21, 1991

Docket

81-02822

Opinion [USCA]

Tikalsky v. City of Chicago

U. S. Court of Appeals for the Seventh Circuit

687 F.2d 175

Aug. 2, 1982

Aug. 2, 1982

Order/Opinion

82-01894

82-01920

82-02605

83-01618

82-02203

Opinion [USCA]

Mary Beth G., Tikalsky, Hoffman v. City of Chicago

U. S. Court of Appeals for the Seventh Circuit

723 F.2d 1263

Nov. 29, 1983

Nov. 29, 1983

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:09 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 1, 1979

Closing Date: Sept. 24, 1984

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three women who were arrested for misdemeanor offenses and then strip searched, as representative damages claims in class action.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Chicago (Chicago), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Search policies

Strip search policy

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run